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HomeMy WebLinkAbout1978-03-28 - Grant H B CO Recording Requested6B : 32552 'WHEX RECORDED MAIL T0: CITY OF HUNTINGTON BEACH EXEMPT BK 125851PC 509 Office of the City Clerk C 9 P. 0. Box 190 HI_intinp-tnt', Rparh. Crif. 92FaR 4002 .. Dail Tax statements to Sane as above Ta Exempt- lov xernment Agency City of Huntington Beach Alicia M.Wentworth CORPORATION GRAN`)" DEED City Clerk By: .".c e.. Depu sty Cierk FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY, a Corporation of organized under ,the laws of the State of Cal fornia. hereby GRANTS to the CITY OF HUNTINGTON BEACH, a municipal corporation, that certain real property in the City of Huntington Beach, County of Orange, State of California, described on Exhibit At annexed hereto and made a part hereof. EXCEPTING AND RESERVING to Huntington Beach Company, its successors and assigns, from that portion (hereinafter called the "sub--500 portion") of said real property lying below a depth of five hundred (500) feet beneath the surface thereof,' all oil, gas, asphaltum and other hydrocarbons and all other minerals whether similar or dissimilar to those herein specified and including all fissionable materials within or that may be produced or extracted or taken from the sub-500 portion of said real - property, which said oil, gas, asphaltumm, hydrocarbons and materials shall be hereinafter collectively called the "sub-500 minerals" , and FURTHER EXCEPTING AND RESERVING to Huntington Beach Company, its successors and assigns , from that portion (hereinafter called the "sub-200 portion") of said real property lying below a depth of two hundred (200) feet beneath the surface thereof, the following: RECORDED AT REQUEST OF FIRST AMER. TITLE INS. CO. IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 8:00 A.M. MAY 231978 LEE A. BRANCH,County Recorder 1 . , Bu 12685?I 510 A. The sole and exclusive right from time to time to locate and maintain subsurface portions of oil and gas wells in the sub-200 portion of said real property and the right to drill for, produce, extract and take the sub-500 minerals from the sub-500 portion of said real property and the right to exercise all of the rights and privileges necessary for such drilling, producing, extracting and taking; and B. The sole and exclusive right to use the sub-200 portion of said, real property to conduct operations from time to time by methods now known or unknown which# in the opinion of Huntington Beach Company, are reasonably designed to benefit or facilitate the drilling for or production, extraction or taking of the sub-500 minerals from the sub- 500 portion of said real property or any minerals from lands other than said real property (hereinafter called the "other lands") , together with the right to drill a well or wells or use any existing wells in, into or through the sub-»200 portion of said real property, for the purpose of injecting into the b- ` su 506 ortion of. said real property or into other land P P P Y s� oil, 9as's airr water or other liquid or gaseous substances* including the right, from time to time to ignite or otherwise activate any or all of such substances so injected or any or all of the sub-500 minerals within the sub-500 portion- of II said real property or any minerals from other lands; and C. The sole and exclusive right from time to time to drill into and through the sub-200 portion of said real property from other lands by means 'of a well or °wells drilled from h a the surface of other lands together with the sole g o e and exclusive right to repair, redrill, deepen, maintain, rework and operate such wells and produce any minerals from other 2. 9 1 2685K. 51 1 lands' by means of such well or wells trough the sub-200y � t portion of said real property; and D. The sole and exclusive right from time to time to locate, operate and maintain subsurface portions of wells in, into or through the sub-200 portion of said real property and the right from time to time, to inject, store, pressurize, and remove the sub-500 minerals or any minerals from other lands for the purpose of storing the same in the sub-500 portion of said real property or in other lands. The above-described rights excepted and reserved to Huntington Beach Company, its successor and assigns, shall, not be limited to, or by, the first or any subsequent exercise thereof. Nothing hereinabove set forth shall be deemed to reserve to Huntington Beach Company, its successors or assigns, any interest in the surface or in any portion of said real property lying within two hundred (200) feet measured vertically downward from the surface of said real property: FURTHER EXCEPTING AND RESERVING all water rights of or related to or appurtenant to said real property including, but not limited to, all right to percolating waters, artesian waters and underground streams, but without the right of surface entry. This grant deed is made subject to all matters of record and unrecorded right of way agreement between Huntington Beach Company and Standard Oil Company of California dated June 11, 1 1926 and grants of Right of Way dated January 3, 1978 and January 4, 1978 from Huntington Beach Company to Chevron U.S.A. Inc. and Standard Gasoline Company. IN WITNESS WHEhEOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Vice President and Assistant Secretary there unto duly authorized. DATED: 1978. HUNTINGTON BEACH COMPANY By S&�4� . e PFesident By L ` Assistant Secretary 3. (�TITLE INSURANCE 5? 5t 2 AND TRUST STATE OF CALIFORNIA g, 26 Ancoa COMPANY COUNTY OF Orange SS. on March 29, 1978 before me,the undersigned, a Notary Public in and for said ~ State,personally appeared S A YOUnq , known to me to be the Vice President, and T• B. Rollins M known to me to be Assistant Secretary i of the corporation that executed the within Instrument, .Wi known to me to be the persons who executed the within a Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the �► P OFFICIAL SEAL within instrument pursuant to its by-laws or a resolution of "+ SH[RLEY M. HOLMAN i 1�lits board of directors. NOTARY PUBLIC CALIFORNIA WITNESS my hand and official sea]. ® ORANGE COUNTY a " 1.1y Commission Expires Nov.25,19$0, 'i� ♦��O♦®1o��♦®�®®♦Oli1i♦♦100.0�♦ 2110 Main St., Huntington Beach, CA 9264E Signat Qree (This area for official notarial seal) R 12685'G 513 • City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 29, 1978 from Huntington Beach Company E to the City of Huntington Beach a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the CITY OF HUNTINGTON BEACH, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated : May 16, 1978 CITY OF HUNTINGTON BEACH I ALICIA M. wENTWOgTH My Clerk By: • 8K 12685PG 4 EXHIBIT "A.. All that certain land situated in the State of California, County of Orange , City of Huntington Beach, described as follows : PARCEL A-1 and A-2 That portion of Section 2 , Township 6 South, Range 11 West in the Rancho Los Bolsas, as shown on a map recorded in Book 51, Page 14 of Miscellaneous Maps , in the Office of the County Recorder of said County, described as follows : Beginning at the intersection of the `Ndrth line of Seventeenth Street and the Westerly line of the Southern Pacific Railway Company' s right of way as shown on a map of Tract No. 12 recorded in Book 9, Page 13 of Miscellaneous Maps, records of Orange County; thence North 89059 ' 48" West along the North line of Seventeenth Street 203 . 76 feet to a point of intersection with the Northeasterly line of Yorktown Avenue (formerly Mansion Avenue) as described in , deed recorded in Book 294, page 390 in the office of the County Recorder of said County; thence North 48041 '•56" West 91.99 feet along the Northeasterly line of said Yorktown Avenue to the True Point of Beginning; thence continuing North 48041' 56" West 424 . 24 feet along the Northeasterly line of Yorktown Avenue to a non-tangent curve concave to the Southwest having a radius of 830. 00 feet, a radial line to said point bears North 23009 ' 28" East; thence Southeasterly along said curve through a central angle of 15004 ' 57" an arc distance of 218 . 49 feet to a_point of reverse curve concave to the Northeast having a radius of 770. 00 feet; thence Southeasterly along said, curve through a central angle of 30046117" an arc -distance of 413. 54 feet, to the North line of Seventeenth Street as described in deed recorded in Book 2045, Page 79 of Official Records in the Office of the County Recorder of said County; thence South 82020159" West 194 . 60 feet along said last mentioned North line; thence North 73009 ' 39" West 54 . 60 feet, also along said North line, to the True Point of Beginning. PARCEL A 3 That portion of Parcel l as shown on a Map filed in Book 94, Pages 43 , 44 and 45 of Parcel Maps, in the office of the County Recorder of Orange County, California, described as follows: f Beginning at the Northeast corner of said Parcel 1; thence South 0001 ' 20" East 54 . 83 feet to the True Point of Beginning, said point being on a non-tangent curve concave to the Southeast having a radius of 8'41. 15 feet, a radial line to said point bears North 30017146" West; thence Southwesterly along said curve through a central angle of 08009 ' 31" an arc distance 119. 77 feet to a reverse curve concave to the Northwest having a radius of 770. 00 feet; thence Southwesterly along said curve through a central angle of Page 1 of 2 Pages 1 • ` BK 12685PG 515 r 19025 ' 07" an arc distance of 260. 97 feet to its intersection with the Northwesterly line of said Parcel 1 also being the Southeasterly right of way line of Seventeenth Street; thence South 39012 ' 53" West 104 . 90 feet. along the North- westerly line of said Parcel l and Southeasterly right of way line of Seventeenth Street to its intersection with the South line of said Parcel 1, said line being a non-tangent curve concave to the Northwest having a radius of 830. 00 feet, a radial line to said intersection bears South 12052101" East; thence Northeasterly along said curve and said South line of Parcel 1, through a central angle of 25035116" an arc distance of 370. 67 feet to a reverse curve concave to the Southeast having a radius of 781.15 feet; thence North- easterly along said curve through a central angle of 050 32 ' 15 an arc distance of 75. 50 feet to its intersection with the West right of way line of Huntington Street also being East line of said Parcel l; thence North 0001120" West 70. 55 feet along the East line of said Parcel l and the West right of way line of Huntington Street to the True Point of Beginning. Exhibit "A" Page 2 of 2 Pages S Form No.d A M E R J084(10/73) _ � r California land Title Association ti 9G C ( Standard Coverage Policy Form Copyright 1973 B'Y POLICY OF TITLE INSURANCE ;SSUED 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 arst American Title Insurance Company e P y � BY PRESIDENT ATTEST SECRETARY B1 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (iii) the amount paid by any governmental interest or the lien of the insured mortgage, as in- The following terms when used in this policy agency or instrumentality,if such agency or instru- sured, including but not limited to executing cor- mean: mentality is the insured claimant, in acquisition of rective or other documents. (al "insured": the insured named in Schedule such estate or interest in satisfaction of its insur- A, and, subject to any rights or defenses the Com ance contract or guaranty. 4. PROOF OF LOSS OR DAMAGE — pany may have had against the named insured, (b) CONTINUATION OF INSURANCE LIMITATION OF ACTION those who succeed to the interest of such insured AFTER CONVEYANCE OF TITLE In addition to the notices required under Para- by operation of law as distinguished from purchase The coverage of this policy shall continue in graph 3 (b) of these Conditions and Stipulations,a including,but not limited to,heirs,distributees,de- force as of Date of Policy,in favor of an insured so proof of loss or damage,signed and sworn to by the visees, survivors, personal representatives, next of long as such insured retains an estate or interest in insured claimant shall be furnished to the Com- kin, or corporate or fiduciary successors. The term the land,or owns an indebtedness secured by a pur- Pany within 90 days after the insured claimant "insured"also includes 0)the owner of the indebt- chase money mortgage given by a purchaser from shall ascertain or determine the facts giving rise to edness secured by the insured mortgage and each such insured, or so long as such insured shall have such loss or damage. Such proof of loss or damage successor in ownership of such indebtedness Ire liability by reason of covenants of warranty made shall describe the defect in,or lien or encumbrance serving, however, all rights and defenses as to any by such insured in any transfer or conveyance of on the title,or other matter insured against by this such successor who acquires the indebtedness by such estate or interest; provided, however, this Policy which constitutes the basis of loss or dam- operation of law as described in the first sentence age, and, when appropriate, state the basis of of this subparagraph la1 that the Company would Policy shall not continue in force in favor of any calculating the amount of such loss or damage. have had against the successor's transferor), and Purchaser from such insured of either said estate or further includes lit) any governmental agency or interest or the indebtedness secured by a purchase Should such proof of loss or damage fail to instrumentality which is an insurer or guarantor money mortgage given to such insured, state facts sufficient to enable the Company to under an insurance contract or guaranty insuring or 3. DEFENSE AND PROSECUTION OF determine its liability hereunder, insured claimant, guaranteeing said indebtedness,or any part thereof, ACTIONS — NOTICE OF CLAIM TO BE at the written request of Company, shall furnish whether named as an insured herein or not, and GIVEN BY AN INSURED CLAIMANT such additional information as may reasonably be (iii) the parties designated in paragraph 2 (a) of necessary to make such determination. these Conditions and Stipulations. (a) The Company,at its own cost and without undue delay, shall provide for the defense of an No right of action shall accrue to insured (b) "insured claimant": an insured claiming insured in litigation to the extent that such liti- claimant until 30 days after such proof of loss or loss or damage hereunder. gction involves an alleged defect, lien, encum- damage shall have been furnished. (c) "insured lender": the owner of an insured brance or other matter insured against by this Failure to furnish such proof of loss or damage mortgage. policy. shall terminate any liability of the Company under this policy as to such loss or damage. (d) "insured mortgage": a mortgage shown in (b) The insured shall notify the Company Schedule B,the owner of which is named as an in- promptly in writing 0) in case of any litigation as 5. OPTIONS TO PAY OR OTHERWISE SETTLE sured in Schedule A. set forth in (a) above, 60 in case knowledge shall CLAIMS AND OPTIONS TO PURCHASE IN— (e) "knowledge": actual knowledge, not con- come to an insured hereunder of any claim of title DEBTEDNESS structive knowledge or notice which may be im- or interest which is adverse to the title to the estate The Company shall have the option to pay or or interest or the lien of the insured mortgage, as puted to an insured by reason of any public records. insured, and which might cause loss or damage for otherwise settle for or in the name of an insured y or(f) "land": the land described, specifically which the Company may be liable by virtue of this claimant any claim insured against, or to ter ny Hate all liability and obligations of the Company by reference in Schedule C, and improvements af- policy,or(iii) if title to the estate or interest or the hereunder b fixed thereto which by law constitute real property; lien of the insured mortgage,as insured,is rejected Y paying or tendering payment ge the as unmarketable. If such prompt amount of insurance under this policy together provided, however, the term "land" does not in- P p notice shall not with any costs, attorneys' fees and expenses in- clude any area excluded by Paragraph No. 6 of be given to the Company, then as to such insured curred up to the time of such payment or tender Part I of Schedule B of this Policy. all liability of the Company shall cease and termi- of payment by the insured claimant and authorized nate in regard to the matter or matters for which by the Company. Incase loss or damage is claimed (g) "mortgage": mortgage, deed of trust, such prompt notice is required;provided,however, under this policy by the owner of the indebtedness trust deed, or other security instrument. that failure to notify shall in no case prejudice the secured by the insured mortgage,the Company shall (h) "public records": those records which by rights of any such insured under this policy unless have the further option to purchase such indebted- the Company shall be prejudiced by such failure law impart constructive notice of matters relating and then only to the extent of such prejudice. Hess for the amount owing thereon together with to the land. all costs, attorneys' fees and expenses which the 2. la) CONTINUATION OF INSURANCE (c) The Company shall have the right at its Company is obligated hereunder to pay. If the AFTER ACQUISITION OF TITLE BY own cost to institute and without undue delay Company offers to purchase said indebtedness as INSURED LENDER prosecute any action or proceeding or to do any herein provided, the owner of such indebtedness other act which in its opinion may be necessary or shall transfer and assign said indebtedness and the If this policy insures the owner of the indebt- desirable to establish the title to the estate or inter- mortgage and any collateral securing the same to edness secured by the insured mortgage,this policy est or the lien of the insured mortgage,as insured; the Company upon payment therefor as herein shall continue in force as of Date of Policy in favor and the Company may take any appropriate action, provided. Upon such offer being made by the of such insured who acquires all or any part of the whether or not it shall be liable under the terms of Company, all liability and obligations of the Com- estate or interest in the land described in Schedule this policy, and shall not thereby concede liability Pany hereunder to the owner of the indebtedness C by foreclosure, trustee's sale,conveyance in lieu or waive any provision of this policy. secured by said insured mortgage, other than the of foreclosure, or other legal manner which dis- obligation to purchase said indebtedness pursuant charges the lien of the insured mortgage,and if such (d) Whenever the Company shall have brought to this paragraph,are terminated. insured is a corporation,its transferee of the estate any action or interposed a defense as required or or interest so acquired, provided the transferee is permitted by the provisions of this policy, the 6. DETERMINATION AND PAYMENT OF LOSS the parent or wholly owned subsidiary of such in- Company may pursue any such litigation to final (a) The liability of the Company under this sured;and in favor of any governmental agency or determination by a court of competent jurisdiction policy shall in no case exceed the least of: instrumentality which acquires all or any part of the and expressly reserves the right, in its sole discre- estate or interest pursuant to a contract of insur- tion,to appeal from any adverse judgment or order. (i) the actual loss of the insured claimant; ance or guaranty insuring or guaranteeing the in- (e) In all cases where this policyor debtedness secured by the insured mortgage. After permits or o (ii) the amount of insurance stated in quires the Company to prosecute or provide for Schedule A, or, if applicable, the amount of in- any such acquisition the amount of insurance here- the defense of any action or proceeding, the in- surance as defined in paragraph 2 (a) hereof: or under, exclusive of costs, attorneys' fees and ex- sured hereunder shall secure to the Company the penses which the Company may be obligated to right to so prosecute or provide defense in such (iii) if this policy insures the owner of the pay,shall not exceed the least of: action or proceeding, and all appeals therein, and indebtedness secured by the insured mortgage,and (i) the amount of insurance stated in permit the Company to use,at its option,the name provided said owner is the insured claimant, the Schedule A; of such insured for such purpose. Whenever re- amount of the unpaid principal of said indebted- quested by the Company, such insured shall give ness, plus interest thereon, provided such amount (i i) the amount of the unpaid principal the Company,at the Company's expense,all reason- shall not include any additional principal indebted- of the indebtedness plus interest thereon,as deter- able aid (1) in any such action or proceeding in ness created subsequent to Date of Policy, except mined under paragraph 6 (a) (iii) hereof, expenses effecting settlement, securing evidence, obtaining as to amounts advanced to protect the lien of the of foreclosure and amounts advanced to protect witnesses, or prosecuting or defending such action insured mortgage and secured thereby. the lien of the insured mortgage and secured by or proceeding, and (2) in any other act which in (b) The Company will pay, in addition to any said insured mortgage at the time of acquisition of the opinion of the Company may be necessary or loss insured against by this policy, all costs im- such estate or interest in the land;or �esirable to establish the title to the estate or sed upon an insured in litigation carried on by r (Continued on inside back cover) 1 INDORSEMENT Attached to Policy No. OR-1175866-6 Issued by First American Title Insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary,the amount of insurance provided by said Policy, as stated in Schedule A thereof,is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined,forthe purpose of this Indorsement,to be 12:01 a. m.on the first January 1 which occurs more than six months after the Date of Policy,as shown in Schedule A of the Policy to which this Indorse ment is attached,and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates,as defined above,by increasing the maxi- mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage,if any,by which the United States Department of Commerce Composite ConstructionCost Index (base period 1967) for the month of September immediately preceding ex- ceeds such Index for the month of September one year earlier;provided,however,that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A,of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and,Stipulations, re- duces the amount of insurance in 'force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy,the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice'of such claim,whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. First American Title Insurance Company xP GPgg`pPo, 4,, , �- SPTEMER 24, BY PRESIDENT m OP BY Ilk 041 ASSISTANT SECRETARY C. L. Kirk NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. FA—11 (9-30-74) Owner Inflation Form No.1084—A 0 CLTA Standardchard Coverage Policy. .Copyright—1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 347.25 AmountofInsurance: $ 80,100. 00 Policy No. OR-1175866-6 Date of Policy: May 23, 1978 at 8 :00 A. M. 1. Name of Insured: CITY OF HUNTINGTON BEACH, a municipal corporation. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, a municipal corporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 Form No.1084—B CLTA Standard Coverage Pol icy OR-1175866-6 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: f See following attached pages for Part Two. Page 3 OIL-4175866-6 10 General and, Special Taxes for the fiscal year` 1978==1'979 a lien not yet payable. 2.` A Right of Way for pipe lines for the transportation of oil, petroleum, gas or water, with the .right of i.Ug*kess_ or egress to, and from the same, as 'conveyed to Standard Oil Company, a corporation,_;by instrument irecorded :Dec 15, 1922 in book #95,, page 267 of Deeds, :over: the Bast 8.4Q feet of said Par.cel .2. 3. The Effect of a Map filed in book 94, pages 43, 44 .and 45 of Parcel Maps, purporting to show Parcel": 2 and other land.,, 4. 'Two lights of Way for the transportation of oil, petroleum,' gas, gasoline, hater or other substances::and devices for controlin+g electrolysis `for use in connection with :said pipelines, and -for underground conduits, and appurtenances thereto, x th the right of ingress and egress, to and from the same .aver pfortions, of said Parcel' 1, ,as conveyed to- Chevron U.S.A. Inc. a .+norporai :on and Standard Gasoline Company, a Corp*, 'by deed dated January 3, 3 978 :and `recorded January 31, 1978 in book 12549, page 1729 of Official Records: and by >.rleed dated January 4 , 1978 and, recorded January 31, 1978 in -book 12549, page' 33 of Off.ic al -Records. S. The Reservation by Huntington Beach Company, in deed recorded hay 23, 1978 ('called the 1sub--588 portion") of, said real property lying below a depth of five- hundred (5t�(' feet beneath, the surface thereof,' all 'oil,` gas:, asphaltum and other hydrocarbons and all ­other ,minerals whether similar or dissimilar to those herein-'specified and including all fissionable materiaEls, Within or that may be produced or extracted or -taken' from the sub-°500 portion of said real property, which said oil, gas, asphaltum', hydrocarbons and materials shall be hereinafter collectively', called the wsub-500 minerals",, and the further reservation- Ofrox that .portion (hereinafter called, the "sub-200 portion") of said real° property lying below a depth of two hundred .(200) feet beneath the surface thereof, the fallowing: A. The sole and exclusive right frow time to time to locate and maintain subsurface, portions of oil and gas wells :in the sub-200 portion of said real property and the;right to drill for, produce, .OXtract and tame the sub-500 minerals from the sub-SOfl portion of 'said- real property and the.: right to exercise Page 4 OB-1175866-6 all of the rights and privileges necessary for such drilling, producing, extracting and taking, and B. The sole and exclusive right :to use the. -sub-200 portion of said real property to; conduct operations from time to time by ;methods now .known or unknown which, in the opinion of Huntington Beach Company, - are reasonably designed to benefit or :facilitate the drilling for or production, extraction or taking 'of the sub-500 minerals from the sub-500 portion of said real property or any minerals from lands: other than said real property (herenaiter .called the "other lands"), together with the right to drill 'a well or wells or use any existing wells in, into or through the sub-200 portion of said real property, for the purpose of injecting into the sub-500 portion of said real property or into other lands, oil, gas, air-, water or other liquid or gaseous substances, including the right, from time to time to ignite or, otherwise activate any or all :of such substances so injected or any or all of the sub-500 minerals within the sub-50 portion of said real property or any Ainerais from other lands; and C. The sole and exclusive right ;from time to time to drill into and through the subj200, portion of said 'real property from other lands by means of a well or wells drilll:ed fron 'the surface of other .lands, together with the sole and exclusive right to repair, redrill, deepen, maintain, rework and operate such wells and produce any minerals from other lands by means of such well, or wells, through the sub-200 portion of said real property: and i�. The sole and exclusive right from time to`` time to locate, operate and maintain subsurface portions of wells in, into or through the sub-2200. portion of said real property and the right from time to time, to inject, store:, pressurize, and remove the sub--'500 minerals or any minerals from other lands for the purpose of storing the same in the subI 500 portion of said real property or in other ].ands. The above--described rights excepted and reserved to H-untington Beach' Company, its successor and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof." Said Deed further recites, "Nothing hereinabove set forth shall be deemed' to reserve to Huntington Beach Company, its successors or assigns, any interest in the surface or, in any, portion of said real property lying within tiro hundred (200) feet .measured vertically downward from the surface of said real property."' Page 5 Ox-i17�586b�-6 , The Reservation° of all grater rights of or related to or appurtenant to said real property including„ but not limited o, all right to percolating waters, `artesiau waters and underground` streams, but without° the right of surface entry. b. Aa Unrecorded right of way aa+greewent between Huntington r Beach Company and Standard Oil ,company of California dated June 11, 1926 as disclosed .in deed _recorded Page 6 09-1175866-6 „ DESCRIPTION All that certain land, situated an the State of California, County of Orange, City of Suntington °Beach, described as follows: PARCEL 1: That portion of Section 2, Township 6 South, Range 11 west in the Rancho Los Bolsas,- as shown on a Map recorded in book 51, page 14 of Miscellaneous Maps, in the office of the County Recorder of; said. County, desA-_ribed as follows: Beginning at the .intersection of the North line of Seventeenth Street -and the Westerly dine of the Southern Pacific Railway Company's right :of gray as shown on a Map of Tract No 12 recorded in book 9, ;page 13 of Miscellaneous Maps` records of ©range County; thence North 890 59' 48" West along the North line -of Seventeenth Street 203.76 feet to a point of intersection with the Northeasterly line of Yorktown Avenue (formerly Mansion Avenue) as now laid out and as described in deed recorded in book 294, page 390 in the office of the County Recorder of said county; thence North 48a 4111 56" west 91.`99 feet ;along the Northeasterly.-line of said Yorktown Avenue to' the True Point of Beginning; thence continuing North 480 41' 56" West 424.24 feet along the Northeasterly line of Yorktown Avenue to a .non--tangent curve concave to the southwest having a radius of 83 0.00 feet, a radial line to said point bears North 230 09' 26" East; thence Southeasterly along said curve through a central angle of 150 04* 57" an arc, distance of 218.49 feet to :a point of reverse curve concave to the ;Northeast having` a radius of,770.00 feet, thence Southeasterly along said curve through a central angle of 300 460 17" an arc distance of 413.54 feet, to the North line of Seventeenth Street as now laid out and as described in deed recorded in book 2045,` page 81 of Official Records in the office of the County Recorder of said County; thence` South :8Z0 20' 59" hest 194.60 feet along said last `nentioned North line; thence Borth` 730 099 39" hest 54.60 feet,, also along said North line, to the True Point of Beginning. PARC" 2= That portion of Parcel 1 as .shown on a Map filed in book 94, pages 43, 44 and 45 of Parcel Maps in the office of the County` Recorder of Orange county, California, described as follows: i Page I Oft-11758"-6 Beginning at the Northeast corner of said Parcel l; thence South Uo Oi' 20" .East 54.83 feet to the True Point of Beginw ng, said point being on a non-tangent curve concave to the Southeast having, a radius of 841.15 feet, A radial line to said ;:point bears North' 3010 179 46"' Wiest; thence Southwesterly .along said curve through a. central angle of 080 0911 30" an arc distance 119.77 feet` to a revers+e curve concave to the Northwest having a radius of 770.00 feet;; thence Southwesterly along said curve through a central angle of 190 254 07" an arc distance of 260.97 feet to its intersection with.the .Northwesterly line of said Parcel 3 also being the Southeasterly right of way line of Seventeenth Street; thence .Soath :390 12' 53" hest 104.90' feet along the Northwesterly :Line of said Parcel 1 and ` Southeasterly right of way line 'of Seventeenth Street to its intersection with the South line of said Parcel 1 said radius' of 830.00 feet, a radial: line to said intersection bears South 120 510 01" East; thence Northeasterly along said curve and said South line of Parcel 1, through a central angle of 250 35' 160 an arc distance of 370.67 feet to a reverse curve concave to the .Southeast having a radius of 781..15 feet; thence Northeasterly along said curve through' a central angle of 050 32' 15" an are distance of 75.50 feet to its intersection with the West right LOf way line of Huntington 'Street also .being East line of said Parcel 1; -.thence North Oo 019 2>0" nest 70.55 feet along the East line of said Parcel l and the West right, of way of Huntington Street to the True :Point of Beginning. Page 8 ti0 ct�gc�E ✓47A o-i5°off 57., qP _ rti - o tih cr��riE ��T�f GS-y T.Z//.e9 ' R- V h � Rj o f/ P.O.B. -/7 d EETT First American Ti:Ie Company This Map Is For Information Only And Is Not A Part Of This Title EVidencr l` 77 s., 30'30, " �� �✓� °s �6 � _YORK roww AVE • � . j� Po.B -sa°o�za f s��.�. .. • _ - -� d c-- go.-CA LE C(/RVE DA T 30 L 11,U7 `1 n � N� lU. 13115" N O 3JO 67 l A - 7Tv T t • T OONDITIONS AND STIPULATIONS46 (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- been 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- payable within 30 days thereafter. 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 apayment 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 apply to an owner of the indebtedness secured by this policy. notice of an alleged defect,lien or encumbrance in- the insured mortgage, unless such insured acquires No amendment of or endorsement to this sured against hereunder, by litigation or other- title to said estate or interest in satisfaction of said policy can be made except by writing endorsed wise, removes such defect, lien or encumbrance or indebtedness or any part thereof. hereon or attached hereto signed by either the establishes the title,or the lien of the insured 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 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. l a POLICY OF TITLE INSURANCE S � AMERI 1,k i First American Title Insurance Company P y HOME OFFICE: SANTA ANA CALIFORNIA