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HomeMy WebLinkAbout1979-10-22 - Grant POSEY, WALTER DANIEL 4 eK 134 6 PG 1 382 WHEN RECORDED MAIL TO: RECORM REQUEST. as w 10452 TITLE INTM TRUST M City of Huntington Beach A 1g,."� I� OFFICIAL RECO�Ct7i� � P.O. BOX 190 *3 ORANGE COUNTY, CALWORM Huntington Beach, CA 9264 EXEMPT 8.00 AX JAN 10 HW ATTN: Charles W. Matheis, C 2 LEE A.bRht+1046 Col* Frye Recording Requested: WARRANTY DEED Essentiel to acquisition by C:4y o� N&w4 tho Beat-itC�/7 D�; /U`✓?%!v,(� Tit/ Gov. code 61V �¢t Warranty deed made ia2 17 , by WALTER DANIEL r -" POSEY, of 520 North Brookhurst Street , Anaheim , County of Orange , State of California , a married man , as his sole and separate property, Grantor, to 'CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, Grantee. Grantor, in consideration of One Thousand Five Hundred Dollars ( $1 ,500) , paid by Grantee to Grantor , the receipt of () which is hereby acknowledged , does hereby grant to Grantee and W its heirs and assigns forever the following described property p which is situated in the County of Orange , State of California: ' Cy Lot 117 in Tract No. 185 , as per map recorded in Book 12 , page 28 of Miscel- laneous Maps, records of Orange County. together with the tenements , hereditaments , and appurtenances thereto belonging, and the rents , issues , and profits thereof. Grantor hereby warrants that he and his heirs shall warrant and defend the property conveyed to Grantee and its heirs and assigns against the lawful claims of any person or persons whom- soever. Executed at , on the date first above written. WALTER DANIEL BK 3463PG133 State of California ) ss. County of Orange ) On OCT 2 21979 before me the undersigned , a Notary Public , in and for said State , personally appeared WALTER DANIEL POSEY, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal in the County of Orange , the day and year first above written. Notary Publ c My Commission Expires 198c, �IMIImm7nrtrammnxpnnmiflrnenemuunwlaMmmtmnmlalnala7aninmNal In $ OFFICIAL SEAL THOMAS K. GARCIA =_ NOTARY PUBLIC CAL:7QRNtA P e' PRINCIPAL OFFiC£ iN ORANGE COUNTY My Commission Expires May 31, 1980 1 �77BQ17411uW11LL7lPUIYISISItuXllMillllulilluuuuullulllbl7bHirdpdt YIIY.Gn Nillullblli� • BK 13433 PG 1 334 Amok® City of Huntington Beach • P.O. BOX 190 � DEED CERTIFICATION CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the deed dated j p -t Z-"?? from Walter D. Posey to the City of Huntington Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City o pursuant to the authority Council f the CITY OF HUNTINGTON BEACH ur a y � P 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 : CITY OF HUNT INCT NO ,aBFACH ALICIA M. WENTWORTH City Clerk By: y 0 Ejt1i11,6 r ",o,4 1385 INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT is made by and between WALTER D. P©SEY, an individual , hereinafter called "INDEMNITOR" and the CITY OF HUNTINGiTON BEACH, a municipal corporation of the State of California, hereinafter called "CITY". RECITALS A. WHEREAS, INDENNITOR is the record owner of certain real property in the City of Huntington Beach, California, and; B. CITY is desirous of acquiring said real property and INDEMNITOR is desirous of selling same to CITY, and; C. The title to the subject property is clouded by the pre- sence of certain spurious deeds and assignments against which INDEMNITOR is willing to indemnify CITY, to the extent of his sale price , NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the sale price and exchange of the title to the subject real property, receipt of which is hereby acknowledged , and the CITY*1s promise to timely bring an action to quiet title to the land , the parties do covenant and agree as follows: 1. SCOPE OF INDEMNITY INDEMNITOR undertakes to indemnify CITY from any and all liability, losses, or damages CITY may suffer as a result of claims, demands, costs, or judgments against CITY arising out of an action brought by CITY to quiet title to the subject prop- CWM:ps 14/9/79 erty in CITY. 1. *K13463Po 1336 2. PERIOD COVERED The indemnity herein provided will extend from the effective date of this Agreement to and including the date of Final Entry of Judgment in the above-mentioned action to quiet title , or one year from the effective date hereof, which- ever last occurs, provided , however, that no liability shall accrue to INDEMNITOR under this Agreement should the CITY fail to institute an action to quiet title to the subject property within one year from the effective date hereof. The effective date of this Agreement shall begin on the day next following the execution of this Agreement by all parties hereto. 3. LIMITATION OF LIABILITY INDEMNITOR' s liability under this contract shall in no event exceed the sum of One Thousand Five Hundred Dollars ($1 ,500). 4. EXPENSES, ATTORNEYS' FEES AND COSTS Should it become necessary for purposes of resisting, adjusting or compromising any claims or demands arising out of the subject matter with respect to which indemnification is provided by this Agreement, or for purposes of enforcing this Agreement , for CITY to incur any expenses, or become obligated to pay any attorneys' fees or court casts, INDEMNITOR agrees to reimburse CITY for such expenses, attorneys' fees, or costa within a reason- able time , in no event to exceed ninety (90) days, after receiving written notice from CITY of the incurring of such expenses, attorneys` fees, or costs. 2. BK13463P61387 5. NOTICE OF CLAIM AGAINST INDEMNITOR CITY shall give INDEMNITOR ninety (90) days written notice of any claim with respect to the subject matter of this Agreement, 6. BINDING EFFECT The terms of this Indemnity Agreement shall hind and inure to the benefit of the parties and their heirs, legal representatives, successors, and assigns. IN WITNESS WHEREOF the parties hereto have affixed their signatures on the dates so indicated below. Date: A Date: /, ? CITY OF HUNTINGTON BEACH Mayor ATTEST: City Clerk APPROVED: APPROVED AS TO FORM. • Jri ty A m n s rator City Attorney 3• y', •1 � 1 t I FCC ,�, , w � '• . • \:/ t' , w ' ,. a WOli r w rN i W . / 1, r � , { I. 1 • ' -- A,"We forgoing instrument is a correct'copy of the original on file in this office. �-- City Clerk and Ex-officio Clerk of the City ' Council the City of Huntington Beach, Cal. -... .. __ eputy. .