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HomeMy WebLinkAbout1977-10-27 - Grant HUNTINGTON CTR ET AL R"CORDING REQUESTED I �g City. of Huntington Beach BA 124.9 1 fG k9n RECORDED AT REQUEST OF ;' FIRST AMER. TITLE IP1S. CO. AND WHEN RECORDED MAIL TO _' 1 IN OFFICIAL RECORDS OF NAME City Clerk ORANGE COUNTY, CALIFORNIA ADDRESS City of Huntington Beach P.O. Box 190 4 $:oo AM DEC]4 1977 CITY & Huntington Beach, CA 92648 STATE J.WYLIECARLYLE,Coun Recoe�r' SPACE ABOVE THIS Ll E FOR RECORDER'S USE MAIL TAX STATEMENTS TO NAME F ­54,w,�' �� ��dL.�� Documentary transfer tax $----------------___________________________ ❑ Computed on full value of property conveyed, or ADDRESS ❑ Computed on full value less liens & encumbrances remaining thereon at time of sale. CITY & 09 STATE L ., Signature of declarant or agent determining tax - firm name y ❑ Unincorporated area El City of____-________.________-______- l r Grant Deed = L-1 THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, t. HUNTINGTON CENTER, a partnership composed of THE MacDONALD GROUP, LTD. , a Nevada corporation, and HUNTINGTON BEACH COMPANY, a California corporation, Tax-Exempt-Government Agency hereby GRANT(S) to the CITY OF HUNTINGTON BEACH City of Huntington Beach Alicia M. Wentworth Cit Cler the following described real property in the City Of Huntington Beach By: �� county of Orange , state of California: City clerk All as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof. Subject to all matters appearing of record and affecting the afore- described real property. This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutters rights, including access rights appurtenant to Grantor's remaining property, in and to said freeway. APPROVED AS TO FORM.. DON P. BONFA ' City Attorney HUNTINGTON CENTER, a partnership, by: By uty it Attorne THE Mac ONALD GROUP, LTD. (Partner w Dated £, 3 ,, B n By: // �- STATE OF CALIFORNIA l HUNT TON BEACH COMPANY artner , C NTY OF } SS. ))) B On Xatate, the under- — 1 signed, a No Public in and for said Count personally B appeared — FOR NOTARY SEAL OR STAMP i^ known to me P to be the person wh a name scribed to the within ` instrument and ackno edged that exe ted the same. , V y r 1 Signature of Notary r Name (Typed or Printed) of Notary Title Order No.-----_ Escrow No. L-1 (G.S) (Rev. 5-67) 8 Pt. MAIL TAX STATEMENTS AS DIRECTED ABOVE "MO 1954 CA (8-74) y `(Corporation as a Partner of a Partnership) BK i A l i p t T ITLE INSURANCE STATE OF CALIFORNIA l nncoa COMPANYRUST OF Orange } SS. TOn October 27 , 1977 before me, the undersigned, a Notary Public in and for said State,personally appeared B • G . Cole ,known to me to be the V i C e President,and H . L . A] t known to me to be the ASS i Stan t mSecretary of Hunt i n ton Beach Company, x the corporation that executed the within instrument and J known to me to be the persons who executed the within instru- a. ment on behalf of said corporation, said corporation being r "k-iown to me to be one of the partners of �•♦♦♦♦♦♦♦♦♦♦♦♦•♦♦•♦♦♦♦♦•••��� _' �,.r,t i n g t o n Center OFFICIAL SEAL the partnership •*my SHIRLEY M. HOLMAN that executed the within instrument,and acknowledged to me ♦ NOTARY PUBLIC-CALIFORNIA that such corporation executed the same as such partner and • ORANGE COUNTYthat such partnership executed the same. i Commission Expires Nov.25,1980 WITNESS m hand and official seal. • ♦♦♦♦♦�•••♦00000aoo�o♦o♦�o�oo♦o 2i1Q Main $1. Hunlington Beach, CA 92646 - Signat (This area for official notarial seal) 7� S EXHIBIT "A" 12491?G 292 REALTY DESCRIPTION All that certain land situated in the State of California, County of Orange, City of Huntington Beach, described as follows: That portion of the Southeast quarter of the Southeast quarter of Section 14, Township 5 South, Range 11 West, in the Rancho Las Bolsas and Rancho La Bolsa Chica,. as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginni.ng' at the Northwest corner of said Southeast quarter of the Southeast quarter,' said corner being on the North line of the land described in deed to the Southern California Edison Company, recorded December 18, 1958 in Book 4519, Page 491 of Official Records; thence South 0 28t54" West 150. 00 feet to the intersection with the South line of said land of the Southern California Edison Company, said South line being parallel With and 150 .00 feet South measured at right angles from the North lane og said Southeast quarter of the Southeast quarter; thence South 89 31106" East along said South line 681. 95 feet to the intersection with the Northeast line of the land described in deed to Huntington Center, recorded August 4, 1965 in Book 7618, Page 710 of. Official Records; thence along said Northeast line South 36 04121" East 7.47 feet to a non-tangent curve concave to the Southwest having a0radius of 600. 00 feet, a radial line at said point bears North 54 00100" Eagt; and Southeasterly along said curve through a central angle of 21 14140" , an arc distance of 222.47 feet to the True Poin8 of Beginning; thence continuing along said Northeast line South 14 45 ' 20" East 268. 57 feet; thence North 31 57127" West 249. 92 feet; thence North 55 17 ' 35" East 78.63 feet to the True Point of Beginning. r, � W _ !SUGAR AVENUE r 2 O .po Q N h 25. 48 AC 7 !y 4.19 3 4 /¢Z-o 7 , z �b. I AC. ¢00 MS SMCH IS PREPARED BY LOCKE LAND SERVICES FOR � s N WEST COLLEGE a" 15t5' GENERAL INFORMATION AND ORIENTATION ONLY. IT IS `ti O a 4 77 NOT INTENDED AS A SURVEY OR A PLAT DRAWN TO SCALE. 2 a 2.72AC. 11 SBE 148-30-41A•POR-9 +~226.a 91 R 76 STREET /.OB AC STREET pCENTER OR SBE/48-30-41C-P0R/ SBE/48-30-4/C-POR.1 aD Q 3o q• y 244.3 7 ¢.SZ eo v1? 23t.7I9?.=8 a 69 71 b9 - N 95 72 3.23AC. 73 0 74 FRwr SBE 148-30-4/B-2 poi' w/' SBE 14B-30-4/A-ll . E.a• GG6.g3 63 470.,9 342,z s8. oB.r�a 70 O ti 302Ac. 24 a 60 071 `^ N FRwr � ,02 i 9.40 AC. o of V- c [C 13 h) 172.559• M d 13 i v O 167.24 N `� 8.07AC. c 59 N /3.54 AC. "' 2/:66 AC.JL PM.44-1! PAR.2 B.99 AC. 77,4C. P. M. 32- 8 h 41 O a � W /72.559'o O a N o n /0.31 AC. } a 2.229 AC. 5.62AC c y W W v 220.48 1 v` 65 h M 61 j PAR/ 9 e 6 �. /s ti hsse93c /3? O 128' isoss �' �loCo.4�' I 8 8 ('MELT ZER AVE) _ AVENUE —1 PARKSIDE I ! Q Q LANE 32 f 12 I i 08 ps Q4 f o, , � S ,t ANIE RI . Fortin No.1084(10/73) 1 C 9 California Land Title Association Standard Coverage Policy Form Copyright 1973 0 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company F, r- :mot SUBJECT TO'SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interestdeKribed in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encimbra ce on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estateinterest except to the extent that such invalidity, or claim thereof, arises out of the transaction e�denced by the insured mortgage and is based upon }" F a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF,First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company Uk BY PRESIDENT oa ATTEST SECRETARY Fortn No.1084—A CLTA Standard Coverage Policy ' Copyright—1973 SCHEDULE A C Total Fee for Title Search, Examination and Title Insurance I ' Amount of Insurance: $ 85,444.00 Policy No. 04- 206436--A I Date of Policy: I i 1. Name of Insured: CITY OF HUNTINGTON BEACH. I I 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTI GTON BEACH. 0 3. The estate or interest in the land described in Schedule C and which is covered by this policy,is: A Pao. Pago dorm No.1084—8 CLTA Standard Coverage Policy Copyright—1974 OR-1206936--A SCHEDULE d This policy does not insure against loss or damage,nor against costs,attorneys' fees or expenses,any or all of which arise by reason of the following: Part One: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency:or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water. . Any right, title, interest, estate or easement-in land beyond the lines of the area specifically described or referred to in Schedule C or in abutting streets, roads, avenues, alleys,lanes,ways or waterways,but nothing in this paragraph shall modify or limit the extent to which the ordinary rat of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law,ordinance or governmental regulation (including but not 11mited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy,use or enjoyment of theland,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens,encumbrances d se claims, or other matters (a) created,suffered,assumed or agreed to by the in- sured claimant; (b) not show ,the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: S e following ottochod pat& for, Part Pogo ,3 , .F � 1e second installment General and Special Taxes covering the herein described and other land, for the fiscal year 1977- 1978, amount $36,991.19, Cade Area 0,4-01of A ►., p. 'Moe 142-• 71-, 5 and 142--071-62. 2e The Use and Control of ciaAegas and natural streams of water, it any, naturally upon, flowing across., into t'o .by said described tract and the right of way for and to construct irrigation or drainage ditches through said tract; to irrig4t.e or drain the adjacent land, as reserved in the deed recorded December 17, 1.886 in. book 187, page 10 of Deeds. 1 An Easement as set forth is an instrument, Recorded August 40 1465 in Boot 7618, page 710 of official. Records, For: ingress and egress. Over: a portion rat said laad. 4e The Fact that the ownership of said land daces not include any a;butt+er4s rights and any .rights of ingress a . egress to or from the adjacent freeway, said rights having 'been relinquished by deed from Ruatingtozi Center, as partnership, to 8untingto a Beach Company, a Calif orniat corporation, recoXdel December la, 1977 and in the deed to the stat•e 'bf Californian recorded December 14, 1977 r , Raga: ji CAR-1206836-A 7.JRzatf P F" SCHEDULE C The land referred to in this policy is situated in the State of California, County of ©range, City of Huntington Beach, and is described as followsa That portion of the Southeast quarter of the. Southeast quarter of Section 14, Tow4ship '5 south, Range 11 West, in the Rancho Las 8olsas and Rancho La 8olsa-Cbica, as shown on a hag recorded in Book 51, page 13 of Miscellaneous Maps, records of Orange County, California, described as followst F. Beginning at the Northwest corner of said Southeast quarter' of the Southeast quarter. said corner being on the North line of the land described in dead to the southern California Edison Conpany: recor *d December 18, 1958 in Book 4519, page 491 of Official Records; thence South 00 28* 54" West 150.00 feet to the intersection with the South line of ;said land of the Southern California Edison company, :said South line being' parallel with and 150*00 feet South sea cured at right angles from the North line` of said Southeast quarter of that Southeaset quarter; thence South 8910 31 06110 Last along said South lime 681.9S feet to the intersection with the Northeast line of the land described in deed to Huntington Center, recordt+ed August 4, 1965 in Book 7618, page 710 of Official Records,.,, and the true point of Beginning; thence along said Northeast lie South 360 04* 210 Cast 7.47 feet to` a non-tangent carve concave to the Southwest having a. radian of 600.00 fleet, a radial line at said point bears North 540 000 000 East; and Southeasterly along said curve through a central angle of 210 140 40'", an arc distance or 222 47 feet to the true point' of beginning; thence continuing along said Northeast line South 140 45* 200 East 265.57 feet; thence' Xorth 31e 57* 2710 west 249.92 feet; thence North 550 170 35" East 78.63 feet to the a true point, of beginning. r, Page 5 f FTN. OF SE4. 5E4- OF SEC. 19-5-1 1 I I .0 Uf b8 81' 1.41' V - n z u� � m 394 co � 7 I , o I First American Title f;omp4ay � I «; this Map Is For information Only And Is Not A Part Of This Title EvIde Ct OONDITIONS AND STIPULATIONSO (Continued from inside front cover) the Company for such insured, and all costs, or (b) a mortgage hereafter executed by an insured 11. LIABILITY LIMITED TO THIS POLICY attorneys' fees and expenses in litigation carried which is a charge or lien on the estate or interest on by such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all endorse- of the Company. amount so paid shall be deemed a payment under to by and other instruments,if any,attached here- this policy. The Company shall have the option to to by the Company is the entire policy and con- (c) When the amount loss or damage has apply to the payment of any such mortgage any tract between the insured and the Company. been definitely fixed in accordance with the con- amount that otherwise would be payable hereunder Any claim of loss or damage, whether or not payable of this policy, the loss r. damage shall be to the insured owner of the estate or interest cov- based on negligence, and which arises out of the payable within 30 days thereafter. ered by this policy and the amount so paid shall be status of the lien of the insured mortgage or of the 7. LIMITATION OF LIABILITY deemed a payment under this policy to said insured title to the estate or interest covered hereby, or owner. any action asserting such claim,shall be restricted No claim shall arise or be maintainable under The provisions of this paragraph 9 shall not to the provisions and conditions and stipulations of this policy(a)if the Company,after having received this policy. notice of an alleged defect,lien or encumbrance in- apply to an owner , unless such insured acquires No amendment of or endorsement to this the indebtedness secured by sured against hereunder, by litigation or other- the insured mortgagee, wise, removes such defect, lien or encumbrance title to said estate or interest in satisfaction of said policy can be made except by writing endorsed establishes the title,or the lien of the insured encumbrance or indebtedness or any part thereof. hereon or attached hereto signed by either the mort- President, a Vice President, the Secretary, an gage, as insured, within a reasonable time after 10. SUBROGATION UPON PAYMENT OR Assistant Secretary,or validating officer or author- receipt of such notice;(b)in the event of litigation SETTLEMENT ized signatory of the Company. until there has been a final determination by a court of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing all appeals therefrom,adverse to the title or to the settled a claim under this policy, all right of sub- this policy for endorsement of such payment un- lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in which case vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. without prior written consent of the Company. mortgage may release or substitute the personal 12. NOTICES, WHERE SENT liability of any debtor or guarantor, or extend or 8. REDUCTION OF INSURANCE; TERMINA— otherwise modify the terms of payment, or re- All notices required to be given the Company TION OF LIABILITY lease a portion of the estate or interest from the and any statement in writing required to be fur- lien of the insured mortgage, or release any nished the Company shall be addressed to it at its All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana, ment made for costs,attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued shall reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy. provided,however,if the owner of the indebtedness to the title to the estate or interest or the priority secured by the insured mortgage is an insured here- of the lien of the insured mortgage and does not under,then such payments,prior to the acquisition result in any loss of priority of the lien of the in- of title to said estate or interest as provided in sured mortgage. The Company shall be subrogated paragraph 2 (a) of these Conditions and Stipula- to and be entitled to all rights and remedies which tions,shall not reduce pro tanto the amount of the such insured claimant would have had against any insurance afforded hereunder as to any such in- person or property in respect to such claim had this sured, except to the extent that such payments policy not been issued, and the Company is here- reduce the amount of the indebtedness secured by authorized and empowered to sue,compromise by such mortgage. or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- Payment in full by any person or voluntary pany. If requested by the Company, the insured satisfaction or release of the insured mortgage shall shall execute any and all documents to evidence terminate all liability of the Company to an insured the within subrogation. If the payment does not owner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com- mortgage, except as provided in paragraph 2 (a) pany shall be subrogated to such rights and reme- hereof. dies in the proportion which said payment bears to 9. LIABILITY NONCUMULATIVE the amount of said loss,but such subrogation shall be in subordination to an insured mortgage. If loss It is expressly understood that the amount of should result from any act of such insured claimant, insurance under this policy,as to the insured owner such act shall not void this policy, but the Com- of the estate or interest covered by this policy,shall pany, in that event, shall as to such insured be reduced by any amount the Company may pay claimant be required to pay only that part of any under any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed referred to in Schedule 8 hereof which is a lien the amount, if any,lost to the Company by reason on the estate or interest covered by this policy, of the impairment of the right of subrogation. g A M E R 7 C Form No.1084(10/73) 9 California Land Title Association Standard Coverage Policy Form Copyright 1973 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures the insured,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A,and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land,in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY PRESIDENT ATTEST SECRETARY B1 Form No.1084—A CLTA Standard Coverage Policy 0 Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ ' _100.00 AmountofInsurance: $ 5l,0OO. 00 Policy No. OR-1206836—B I Date of Policy: December 13 , 1977 at 8 :00 A. M. I 1. Name of Insured: STATE OF CALIFORNIA. 2.. The estate or interest referred to herein is at Date of Policy vested in: STATE OF CALIFORNIA: 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 For CLT /Vtanda d Co 9-1206836—B < CLTA Standard Coverage Policy Copyright 1974 SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys' fees or expenses,any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing Liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances,or claims thereof.,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes,ways or waterways,but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created,suffered,assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See following attached pages for Part Two . Page 3 OR-1206836-B I. Second installment General and Special Taxes covering the herein described and other land, for the fiscal year 1977- 1978, amount $36,991:19; Code Area 0u-U10, A. P. Mo. 142-07.1- 56 and 142-971-62 2e The Use and Control of cienegas and natural streams of water, if any, naturally upon, 'flowing across, into ro by said described tract and the right of Way for and "to construct irrigation or 'drainage ditches through said tract to irrigate or drain the adjacent land, as reserved in the deed recorded December 17, 1386 in book 187, page 10 of Deeds. 3s An Easement as :set forth ia `an instrument } Recorded June 23, 1965 in Book 7567, page 611 of official Records, For: underground conduits and incidental purposes. Over: a strip cat land lU feet in width lying within a portion of the South half of Section 14, the centerline of said strip being shown, on a' map attached' thereto and made a part thereof. I Page 4 I OR-1206836-8 LJH oaf I SCHEDULE C The land referred to in this policy is situated in the State Of California, County of Orange, City at Huntington (Beach, and is described as follows. i That ;portion of the Southeast quarter of the 'Southeast quarter of Section 14, _Townsaip 5 South, Range 11 hest, in the Rancho Las Bolsas and Rancho La Bolsa-Ch oa, as shown on a dap recorded in Boot 51, page 13 of miscellaneous Maps, records of Orange County, California, described ,as follows. Beginning at the Northwest corner of said Southeast quarter of the Southeast quarter, said corner being on the North line of the land described in deed to the Southern California Edison -. Company; recorded December 18, 1958 'in BOOK 4519, page 491 of Official Records; ec 2.8' 54" hest 150.00 feet to the on with the South line of said land of the Southern California Edison Company, said South line being ' parallel with and 150*00 feet South, measured'' at right angles from the North line of said Southeast quarter of the Southeast quarter; thence South 890 31* 0 " East along said. South line 681.95 feet to the intersection with the Northeast line of. I the land described in deem to Huntington Center, recorded August ; 4 1965 in Book 7618, page 710 of Off clal ..Records, thence along said Northeast .line South 360 044 21" East 7.47 feet to a non-tangent curve concave to the Southwest having a radius of 600.00 feet, a radial line at said point ;beans North 540 000 00"! East; and,Southeasterly along said' curve through a central angle of 210 140 .40", an arc distance of 222.47 feet to the True Point of Beginning; thence continuing , along said Northeast line South 140 450 20" East,.; 255► 57 :feet thence North 310 570 27" West, '249.92 feet; thence forth 550 176 35" East, 78.63 feet to the True Point of Beginning. This conveyance is made for the purpose of a, fkeewayand the Grantor hereby releases and relinquishes to the Grantee any and all abutters rights, including access rights in and to said freeway over and across that certain course hereinabove described as having a length of 249.92 feet. Page *ONDITIONS AND STIPULATIONS (Continued from inside front cover) the Company for such insured, and all costs, or (b) a mortgage hereafter executed by an insured 11. LIABILITY LIMITED TO THIS POLICY attorneys' fees and expenses in litigation carried which is a charge or lien on the estate or interest on by such insured with the written authorization described or referred to in Schedule A, and the This instrument together with all endorse- of the Company. amount so paid shall be deemed a payment under ments and other instruments,if any,attached here- this policy. The Company shall have the option to to by the Company is the entire policy and con beenn definitely fixed in accoordance with the con- apply to the payment of any such mortgage any - When the amount loss or damage has tract between the insured and the Company. ditions of this policy, the loss or damage shall be amountthat otherwise would be payable hereunder Any claim of loss or damage, whether or not payable within 30 days thereafter. to the insured owner of the estate or interest cov- based on negligence, and which arises out of the ered by this policy and the amount so paid shall be status of the lien of the insured mortgage or of the 7. LIMITATION OF LIABILITY deemed a payment under this policy to said insured title to the estate or interest covered hereby, or owner. any action asserting such claim, shall be restricted No claim shall arise or be maintainable under The provisions of this paragraph 9 shall not to the provisions and conditions and stipulations of this policy(a)if the Company,after having received this policy. notice of an alleged defect,lien or encumbrance in- apply to an owner , unless such insured acquires No amendment of or endorsement to this the indebtedness secured by sured against hereunder, by litigation or other- the insured mortgagee, wise removes such defect, lien or encumbrance title to said estate or interest in satisfaction of said policy can be made except by writing endorsed indebtedness or any part thereof. hereon or attached hereto signed by either the mrt- establishes the title,or the lien of the insured o President, a Vice President, the Secretary, an gage, as insured, within a reasonable time after 10. SUBROGATION UPON . PAYMENT OR Assistant Secretary, or validating officer or author- receipt of such notice;(b) in the event of litigation SETTLEMENT ized signatory of the Company. until there has been a final determination by a court of competent jurisdiction,and disposition of Whenever the Company shall have paid or No payment shall be made without producing all appeals therefrom,adverse to the title or to the settled a claim under this policy, all right of sub- this policy for endorsement of such payment un- lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in which case vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall be furnished voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. without prior written consent of the Company. mortgage may release or substitute the personal 12. NOTICES, WHERE SENT liability of any debtor or guarantor, or extend or 8. REDUCTION OF INSURANCE; TERMINA- otherwise modify the terms of payment, or re- All notices required to be given the Company TION OF LIABILITY lease a portion of the estate or interest from the and any statement in writing required to be fur- lien of the insured mortgage, or release any nished the Company shall be addressed to it at its All payments under this policy, except pay- collateral security for the indebtedness, provided home office at 421 North Main Street,Santa Ana, ment made for costs, attorneys'fees and expenses, such act occurs prior to receipt by such insured California, 92701, or to the office which issued shall reduce the amount of the insurance pro tanto; of notice of any claim of title or interest adverse this policy. provided,however,if the owner of the indebtedness to the title to the estate or interest or the priority secured by the insured mortgage is an insured here- of the lien of the insured mortgage and does not under,then such payments,prior to the acquisition result in any loss of priority of the lien of the in- of title to said estate or interest as provided in sured mortgage. The Company shall be subrogated paragraph 2 (a) of these Conditions and Stipula- to and be entitled to all rights and remedies which tions,shall not reduce pro tanto the amount of the such insured claimant would have had against any insurance afforded hereunder as to any such in- person or property in respect to such claim had this sured, except to the extent that such payments policy not been issued, and the Company is here- reduce the amount of the indebtedness secured by authorized and empowered to sue,compromise by such mortgage. or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- Payment in full by any person or voluntary pany. If requested by the Company, the insured satisfaction or release of the insured mortgage shall shall execute any and all documents to evidence terminate all liability of the Company to an insured the within subrogation. If the payment does not owner of the indebtedness secured by the insured cover the loss of such insured claimant, the Com- mortgage, except as provided in paragraph 2 (a) pany shall be subrogated to such rights and reme- hereof. dies in the proportion which said payment bears to 9. LIABILITY NONCUMULATIVE the amount of said loss,but such subrogation shall be in subordination to an insured mortgage. If loss It is expressly understood that the amount of should resultfrom any act of such insured claimant, insurance under this policy,as to the insured owner such act shall not void this policy, but the Com- of the estate or interest covered by this policy,shall pany, in that event, shall as to such insured be reduced by any amount the Company may pay claimant be required to pay only that part of any under any policy insuring (a) a mortgage shown or losses insured against hereunder which shall exceed referred to in Schedule B hereof which is a lien the amount, if any,lost to the Company by reason on the estate or interest covered by this policy, of the impairment of the right of subrogation. PTN. OF SE4- 5E4- OF SEC. 14-5-11 0 N c� o_ 1 id il< p 2 a`o Z Z a I tea. .o 0 �3 0� ka4t American Title C;ompaiiy T SiS Mep 19 Ff,,r'"formationOrly Aa; is Not A Part Of This Title Evidert f I 1 STATE OF CALIFORNIA, Ss. COUNTY OF Los Angeles On this 27th day of October ,19 77 before me, the undersigned, a Notary Public in and for said State, personally appeared Charles J . Merritt ' known tometobethe President, and Melvin A. Wolf, Jr . , known to me to be the Secretary of y .I OFTICIAL- SEAL The MacDonald Group , Ltd. LINDA J. PRYOR the corporation that executed the within instrument and known to me to be the person s O,ARV eOyL C CALIFORNIA who executed the within instrument on behalf of said corporation, said corporation being PRINCW-L OFFICE IN known to me to be a general partner of Huntington Center LOS ANGELES COUNTY a partnership, the partnershipthat executed the within instrument and acknowledged to me r_•_ my Commission Expires .1aN 1z. 1980 that such corporatin executd the same as suchpartner and thatsuch partnership executed the same. i WITNESS my hand and official seal. Notary ublic n an or sa tat ACKNOWLEDGEMENT BY CORPORATION WHICH IS A GENERAL PARTNER, WOLCOTTS FORM 230 _ . 4 t � J® kity of Huntington Beach s • P.O. BOX 190 DEED CERTIFICATION CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the . " deed dated from to the City of Huntington Beach a municipal cor oration, is hereby accepted b the undersigned h n i ned off o ppe o f ' t P u e officer r agent on b half f he City i Y g g Y Council of the OF 0 t to t authority CITY HUNTINGT N BEACH pursuant he conferred by Resolution No. 3537 of the City Council of the City o Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. I Dated : � , ? %j CITY OF HUNTINGTON BEACH pAp City Clerk By: