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HomeMy WebLinkAbout1980-03-31 - Grant CURTIS HUNTINGTON BEACH CO RECORDING REQUESTED BK 1 3 5 5 7 PG 2 4 2 CHICAGQ TITLE INS. CO. 39144 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS REC(Y OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: CHICAGO TiTL RECORD i rrh,i PRECGnC', NAME f-The EXEMPT e City of Huntington Beach +��pT OF ORANGE COUNTY,CALIFCFZNIA P. STREET 0. Box 190 C92 -3 _vi PM MAR 31 1980 ADDRESS Huntington Beach, Ca. 92648 . CITY. LAttn: Real Property Agent J .r LEE A. BRANCH, County Recorder (.-12'3 ► Title Order No............................. Escrow No........................... This space for Recorder's use Grant Deed THE UNL)t:t(atl,NhD GRANTOR(s) DECLARE(s) , DOCUMENTARY TRANSFER TAX is $ ❑ —unincorporated area 1�] City of Huntington Beach Parcel No. 110 037-04-02 '%&computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CURTIS HUNTINGTON BEACH COMPANY, a partnership V hereby GRANT(S) to N THE CITY OF HUNTINGTON BEACH a municipal corporation tk the following described real property in the City of Huntington Beach county of Orange , state of California: v See Exhibit "A" attached hereto and made a part hereof. ti CURTIS HUNTINGTON BEACH COMPANY, a partnership r Dated -� . -' BY STATE OF CALI RNIA COUNT �F �,f } SS. III r On - =L A, � before me, the under- E V roc �✓Z k signed, a Nota ,ublic in an or s id Co my and State,p rsonally , �e �� BY. .E� '�" I C�LL'`�r��' C/ rL1i/Y1/?�f Y f/ appeared .aB • r. R WISE known to me C pr s 1 en to be the person--whose name — subscribed to the within BY- instrument and acknowledged that _executed the same. CHARLES W. UNSW RTH Secretary Name (Typed or Printed) Notary Public in and for said County and State (Space above for official notarial sea]) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE;IF NO PARTY SO SHOWN,MAIL AS DIRECTED ABOVE Name Street Address City bt State 1-101 13-71) s TO 446 C (5.73) Dp ^ I^ if (Corporation as a Partner of a Partnersa f-,,,u 5x 1 v 7 P 6 2 `t- 3 TITLE INSURANCE AND TRUST STATE OF CALIFORNIA ATICOR COMPANY COUNTY OF ORANGE SS. March 28, 1980 On before me, the undersigned, a Notary Public in and for said State, personally appeared D R. WISEMAN known to me to be the w rc ViCC` F.President, andCHART. S jg UNSWORTH known to me to be the W Secretary of WESTF_TF.T,i� T, p x MENT CO� INrr , the corporation that executed W the within instrument and known to me to be the persons who a executed the within instrument on behalf of said corporation. said corporation being known to me to be one of the partners of I- ♦1111••11�1�1111►11117►171��' { rn CURTIS HUNTINGTON BEACHCt— partnership♦ OFFICIAL SEAL Z that executed the within instrument, and acknowledged to me 0 DEBORAH PEAIRS that such corporation executed the same as such partner and that such partnership executed the same. • NOTARY PUBLIC—CALIFORNIA • P;UNCIPAL OFFICE IN WITNESS in d offi seal. � ORANGE COUNTY Signature o My Commit Wlm Ez W40 Aug. 29,1"1 a DEBORAH PEAIRS ♦1e•♦♦1•♦1.11111/1#11ltf♦�!.!, Name (Typed or Printed) (This area for official notarial seal) TO 446 C (5.73) - (Corporation as a Partner of a Partnership) TITLE INSURANCE rr AND TRUST w STATE OF CALIFQRNIA ) AncoRcoMPANv )} SS. COUNTY OF - --- On before me,the undersigned, a Notary Public in and for said State, personally appeared' known to me to be the W President, and known to me to be the W Secretary of _ L}� °j I the corporation that executed mthe within instrument and known to me 4o be the persons who'` i executed the within instrument on behalf of said corporation.' ���������♦♦���♦�♦���s��♦�A���o said corporation being known to me to be one of the partners of pFFICIALAL �/ ,� oe the partnership LYNDA LEA MILLER that executed the wit kr i instrument, and acknowledged to me ♦ NOTARY CAOI k,'RNIA � that such corporation executed the same as such partner and GRA(V += C.YipyTY that such partnership executed the same. ♦ My Commission Expite,s Mpy I$,1982 WITNESS my qi�d and offici seal. r ♦1.�►��������� ♦►W�bvrrfilllt♦♦�• Signature ame (Typed or Printed) '% (This area for official notarial seal) l EXHIBIT „A„ BK 13557PO 244 that certain real property located in Huntington Beach, Orange County, California, and described as follows : That portion of Lot 1 of Block 18 of Tract No. 86, in the City of Huntington Beach, County of Orange, State of Cali- fornia, as per map filed in Book 10, pages 35 and 36 of Miscellaneous Maps , in the Office of the County Recorder of said County, described as follows : Beginning at the intersection of the centerline of Sims Street , said center- line being shown on said map as the centerline pf the private road, 50 .00 feet wide, between Lot 1 of said Block 18 and Lot 2 of Block 17 of said Tract No. 86, and with a line parallel with and 30 . 00 feet southerly, measured at right angles, from the centerline of Warner Avenue, formerly Wintersburg Avenue, as shown on said map; thence along said parallel line N. 8903912011E. 125 . 00 feet to a line parallel with and 125 . 00 feet easterly, measured at right angles, from said centerline of Sims Street; thence along last mentioned parallel line S . 0044 , 49"E. 30 .00 feet to a line parallel with and 60 . 00 feet southerly, measured at right angles , from said centerline of Warner Avenue; thence along last mentioned parallel line 5 . 89039 + 2011W. 62 . 77 feet to a tangent curve concave southeasterly having a radius of 32. 00 feet, said curve also being tangent to a line parallel with and 30 .00 feet easterly, measured at right angles , from said centerline of Sims Street ; thence south- westerly along said curve through a central angle of 67058129/1 a distance of 37 . 96 feet to a line parallel with and 80 .00 feet southerly, measured at right angles, from said centerline of Warner Avenue; thence along last men- tioned parallel line 5 . 89039120"W. 32. 42 feet to said centerline of Sims Street; thence along said centerline of Sims Street N. 0°�14 ' 49"W. 50 . 00 feet to the point of beginning. CHICAGO TITLE INS. CO. ..: . -.,. 'RECORDING REQUES �D BY AND W� " `_'% t RECORDED MAIL TO: 39142 ,w THE CITY OF HUNTINGTON BEACH EA ,APT fir ORANGE COUN Y,CALIFCRR:A --P.O. Box 190 (,J UNTINGTON BEACH, CA 92648 C 12 -3 U PM MAR 31 1 01 980 Attn: Real Property Agent RESOLUTION NO . 485E LEE A.BRANCH, County Recorder -o • c� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY SURPLUS AND STATING ITS INTENTION TO SELL SUCH SURPLUS PROPERTY GENERALLY LOCATED SOUTH OF WARNER AVENUE AND WEST OF LYNN STREET The City Council of the City of Huntington Beach hereby 1 resolves as follows SECTION 1. Pursuant to Division 3, Chapter 5 , Article 1 of the California Government Code (commencing with Section 37350) , the City Council of the City of Huntington Beach finds and de— clares that certain city-owned real property is surplus property, V and hereby declares its intention to sell such city-owned real property, more particularly described as follows: Lots 1 and 2 of Block 18, Tract No. 86 in the city of Huntington Beach, County of Orange, State of California, as per map re- corded in Book 10, pages 35 and 36 of Miscellaneous Maps in the office of the County Recorder of said county, as granted to the County of Orange in a deed from the United States of America, recorded January 24, 1950 in Book 1958 pages 198 through 209 inclusive of official records . EXCEPTING THEREFROM the south 300 feet of the west 300 feet and the north 325 feet of the west 300 feet of Lot 1. ALSO EXCEPTING THEREFROM THE south 300 feet of the east 300 feet-and the north 325 feet of the -east 300 feet of Lot 2. # SECTION 2. The City Administrator is hereby directed and authorized to negotiate the sale or exchange of said property in accordance with Section 3.06.010 of the Huntington Beach Municipal Code. PASSED AND ADOPTED by the City Council of the City of /ahb 2/7/80 1. 13557PO 232 Huntington Beach at a regular meeting thereof held on the 17th day of March 1980. Mayor ro ore ATTEST: APPROVED AS TO FORM: PC Clot C y City Attorney REVIEWED AN APPROVED: ITIATED AND APPROVED: I { Ci,Cy Administrator Director of Public Works L i 1 i 2. P,L.ANNING ZONING BK 1 3A&5 7 PG 233 DM 34 SECTIONAL DISTRICT MAP 29-5—II x.tE -- Nr[Er NOTE: CITY --yy ^ • .L D tNSroNs A. rE[1 �� ` ' ADOPTED YAIICN 20,1980 .N K. .able ND Nr RIAhr or N.r U N ptENDED TO EXTEND TO TNf CENTER Or SUER RIDNT O! N.Y CITY COUNCIL ORDINANCE N0. @24 LE6EMD' AMENDED ORD.NO. AMENDED ORD.NO w ENatE r.Mur c[m"t pitwcT 3 EOMRUMIT�Imn wlT I NTINGT41 BEACH 6-24.63 °T. W 10 RESIDENCE pSTRICT 11.16.63 101o m LIMITED MULTIKE TAMILI RESIOENCE piTR'LT 1 10-16-is 116a A RE E I.I. R ICL 4 1*8-66 143° RESwFNTI.t .DRICULTUII.L DIyTRN:T PL.NNtD D[vEIORYENt ORANGE COUNTY CALIFORNIA 2-2D•TD t67 T•IT•71 16" COWMMir W.ItIEE MCRE.1101MILI bfTRKT t2-20-TI ITOI Rttl1EAT10N.t OrENfMCE pSTRICT AMENDED BY ZONE CASE' 2-22-72 1721 •RE[ISE RLAN or ETREEI At".t.Tt 332,♦66,N-7,i°-4O,TO-3,71-9,71-2o1Ma,71-�3,73.3O,roA76 J.PM77-L77-2,7T-q,Tf0. 2-24-TS 1364 i 3 2{-77 21 62 -- iETR.cII LMA 99y.19-77 2Z2Z23 9-i•T9 23f! WARNER AVE It — L •3 �t Iof w � � Rl R' � R E � 3� R 3 y R t Rs R3 M.•E R R3 C4 ! Rt i Ri Rt R R 2 3-19 i EA C2' CF—R ORgM. E.. .iatl WEATIfJ.1LY SAY 1 Rl RI A RI R3 + R 1 CF-R >R I R I R I � - T. Ros H WARNER wA RQs AVE. R' RI R IJr m a+tI, t4 b R� Rt . nlKzoNEm R. ��,w[nr�� R► } a,. �) D I ,P wE..�.rrNE Nu.T.,Ara� aMbNIK an. ,DE.WaL. BK 13557P6 234 WARNER (wiNTflPseuRr, AVE AVENUE ]t • CAS �- • IC • Z ,1 • i —• r 2� r Lj (W� 2sc (L) to •'1 Soo • S�` MO lU'J1 ail • ORO lid T .I i lad. .U # / _. __ . .._�_.-_ • ;•n W � • M i r h CO . 01 c) ad eo W T ( CO Gj ir...r-a-M City-owned property Y P p Y , 0099900*•rw Curtis property Blake property Property to be dedicated & improved No. 4856 S'rA!rE OF CALIFORNIA ) B 3 P G 2 3 COUNTY OF ORANGE ) •s: CITY OF' HUNTINGTON BEACH I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 17tb day of _—March , 1980 , by the following vote: AYES: Councilmen: Thomas, Mandic, Bailey, Yoder, Finl2X NOES: Councilmen: _None ABSENT: Councilmen: MacAl l i ster ABSTAIN Councilmen: Pattinson City Clerk and ex-officio Clerk of the. City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest 2 ZI ......P............_J9zP_ City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, Cal. y . i� . . .... ,..Deputy RECORVI -0 . CHICAGO TITLE INS. CO. CkHICAG TITLE INS, (A lb 39` 4 "� _C.__RECORDING REQUESTED BY AND W ? RECORDED fN ur i^IhL R�4Vh1 RECORDED MAIL TO: OF ORANGE COUNTY,CALIFCRN(A THE CITY OF HUNTINGTON BEACH EXEA/,,'DT e3 5r PM M A p c� 1 !{��® P.O. Box 190 C1 ?. AR d 1 IJ HUNTINGTON BEACH, CA 92648 LEE A, BRANCH, County Recorder AGREEMENT FOR EXCHANGE OF REAL PROPERTY av THIS AGREEMENT is made and ~entered into this /7 day of W Ul 1980, by and between the CITY OF HUNTINGTON BEACH, CYI -v a municipal corporation of the State of California, hereinafter � referred to as "CITY", and CURTIS HUNTINGTON BEACH COMPANY, a partnership, hereinafter referred to as "CURTIS" . R E C I T A L S I WHEREAS, CITY is the owner of two strips of land lying with— in a CURTIS development area and CURTIS desires to acquire these Zl rl strips; and CURTIS has offered to exchange and improve other property in the same area, and within a street improvement plan of CITY, to CITY; and Said exchange and improvements will be a significant benefit to CITY, NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. CURTIS (a) CURTIS shall convey to CITY that certain real prop- erty located in Huntington Beach, Orange County, California, and described as follows That portion of Lot 1 of Block 18 of Tract No. 86, in the City of Huntington Beach, County of Orange, State of Cali- fornia, as per map filed in Book 10, pages 35 and 36' of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows : CMps 3/12/80 1, 13557PG 37 Beginning at the intersection of the centerline of Sims Street, said center- line being shown on said map as the centerline of the private road, 50 .00 feet wide, between Lot 1 of said Block 18 and Lot 2 of Block 17 of said Tract No. 86, and with a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Warner Avenue, formerly Wintersburg Avenue, as shown on said map; thence along said parallel line N.8903912011E. 125.00 feet to a -line parallel with and 125.00 feet easterly, measured at right angles, from said centerline of Sims Street; thence along last mentioned parallel line S.004W,49"E. 30 .00 feet to a line parallel with and 60.00 feet southerly, measured at right angles, from said centerline of Warner Avenue; thence along last mentioned parallel line S.8903912011W. 62.77 feet to a tangent curve concave southeasterly having a radius of 32.00 feet, said curve also being tangent to a line parallel with and 30.00 feet easterly, measured at right angles, from said centerline of Sims Street; thence south- westerly along :;aid curve through a central angle of 67058129" a distance of 37.96 feet to a line parallel with and 80.00 feet southerly, measured at right angles, from said centerline of Warner Avenue; thence along last men- tioned parallel line S.8903912011W 32.42 feet to said centerline of Sims Street; thence alongg said centerline of Sims Street N.0°44149"W. 50.00 feet to the point of beginning. (b) On or before April 1, 198o, CURTIS shall execute and deliver a grant deed in a form satisfactory to CITY, conveying the property described in paragraph l(a) , above, to CITY and simul- taneously therewith provide to CITY a standard California Land Title Association policy of title insurance covering the property so conveyed. 2. fK 13557P6 233 (c) CURTIS further agrees to improve that portion of the lot conveyed, and described in paragraph l(a) above, lying within the planned widening of Warner Avenue and the corner of Warner Avenue and Sims Street , in accordance with the Standard Plans of the Public Works Department of CITY, as adopted by Reso- lution No. 4620 of CITY. (d) CURTIS further agrees to improve the balance of the property not lying within 4arner Avenue as widened, with land- scaping satisfactory to CITY, and to provide for the maintenance of the landscaped area. 2 CITY (a) City shall convey to CURTIS that certain real prop- erty in the City of Huntington Beach, Orange County, California, and described as follows : Lots 1 and 2 of Block 18, Tract No. 86 in the City of Huntington Beach, County of ©range, State of California, as per map recorded in Book 10, pages 35 and 36 of Miscellaneous Maps in the Office of the County Recorder of said county, as granted to the County of Orange in a deed from the United States of America, recorded Janu- ary 24, 1950, in Book 1958, pages 198 through 209 inclusive of official records. EXCEPTING THEREFROM the south 300 feet of the west 300 feet and the north 325 feet of the west 300 feet of Lot 1. ALSO EXCEPTING THEREFROM the south 300 feet of the east 300 feet and the north 325 feet of the east 300 feet of Lot 2 . (b) On or before April 1, 1980 , CITY shall execute and deliver to CURTIS a grant deed conveying the property described in paragraph 2(a) above, and simultaneously therewith provide to 3 . OBK 13557PG 239 CURTIS a standard, California Land Title Association policy of title insurance covering the property so conveyed. 3 TAXES Taxes shall be prorated to April 1, 1980. 4. INDEMNITY CURTIS hereby agrees to defend, indemnify and hold CITY, its officers, agents and employees harmless from and against any and all liability, damages, costs, losses, claims and expenses, proximately caused or in connection with CURTIS' negligent or wrongful acts in the performance of this agreement (including but not limited to such liability, cost, damage, loss, claim or expense arising from the death or injury to an agent ,.or employee of CURTIS, his subcontractor, or of CITY or damage to the property of CURTIS, his subcontractor or CITY) , except where such liability, damages, costs, losses, claims or expenses are caused solely by the negli- gent or wrongful acts of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees. 5. CLOSING AND POSSESSION Possession of the real property being exchanged pur- suant to this agreement shall be delivered simultaneously by both parties at the time of closing. Closing shall be at any reliable title or escrow company or as otherwise mutually agreed upon on or before April 1, 1980, 6. COSTS All costs incurred pursuant to this agreement shall be borne by CURTIS, including escrow fees . 4 . ' BK I3557PG 240 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Mayor Pro Tbmpore ATTEST: APPROVED AS TO FORM: C WyClerk City--Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED. ti City Admthistrator 4 a or of PuUTIc Vorks C URTIS HUNTINGTON BEACH CO. By , ROBERT F. CURTIS DEVELOPMENT CO. , INC. , a California corporation By Pre d ttt r By �� Lary r she foregoing instrument is a correct copy of the original on file in this office. Attest '--)y---------------- 19 = City Clerk and b-officio Clerk of the City Council of the City of Huntington Beach, Cal. i ..Np uty r r 5. STATE OF CALIFORNIA ) ss:COUNTY OF ORANGE > B K 13 5 5 7 P G 241 On this t7 day of /,v 7Arz -, 19�0 , before me, a Notary Public in and for said County and State, personally appeared known to me to be the Mayor Ao 7A-7"'r1- .l y_ and , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrumnt on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. e t�nuauwQs///t/nf/n!u//uallu/u OMCIAL SEAL CONNIE A. BROCKWAY ' NUVARY I LB1.IC•CALIFORNIA (",N U COUNTY My Cop.nilzsron Uplres act 10,1981 5�:;iiRY33tPtiBt lf�:'��y':': ;Oa3.aS,&i:ilQf/f���QQit/ �°IQN�Q Dates x TATE O; '�ALIFORNIA ] aa OUNT OF before me, Ae undersigned N t Pu�ic In an said d for State, Persor4ly appeared --Al SPAL J� 1lLs x j__.� 'sr:/�tcaxttc^t'z::tRt t , known to me to be the President,and F+ ?r t,: .JCKWAY ALIFO,?NIA t.nown to me to be the Secr"ary of . the corporsbon that executed the within instrument, and known a known = t :r ,t.X`,r,s Oct 10,1981 to me to be the persons who executed the within instrument on behalf of the corporation therein named,and ecknowledpad to me that such coroorstion executed the wRhin instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS r^r 'i and official seal t Signature 3, i Name(Typed or Printed) 1 (This ores for official notarial seaf) ANIL CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1973 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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: I+ 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; I 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 16ast one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; i and in addition, as to an insured lender only: i I 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 credit protection or truth in lending law; b. an consumer , YP g 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. Invalidit of an assignment of the insured mortgage, rovided such assignment is shown in Y Y g P g Schedule B. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE.INSURANCE COMPANY Issued by: CHICAGO TITLE INSURANCE CO 17671 Irvine Boulevard, Suite 119 '�, Tustin,California 92680 (714) 832-7222 President ATTEST: i Cal,gORPORATF cs ,.1 ...3C s Secretary II :. •.a ._,..yam. %.„... s .' . +.�.:a:.'�Pa 3 -..� a:r'%>- .' ,^' :.: i:; - <.:a' '+a.. r ..-4r.•';...,,,. ,�.*. r pm , SCHEDULE A Policy No. 3 5 5 0 7—6 Date of Policy Amount of Insurance S 10 ,0 0 0.0 0 Order No. 35507-6 March 31, 1980 Charge $ 94.00 at 3 :55 p.m. 1. Name of Insured: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION 2. The estate or interest in the land described herein and which is covered by this policy is: A Fee 3. The estate or interest referred to herein is at Date of Policy vested in: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION 4. The land referred to in this policy is situated in the County of Orange State of California and is described as follows: (SEE ATTACHED DESCRIPTION) FORM 3235 (R1 -75) This policy valid only if Schedule B is attached. Chicago Title Insurance Company Pm, , CAAGO TITLE INSURANCE COY NO. 35507-6 SCHEDULE A CONTINUED DESCRIPTION That portion Lot 1, in Block 18 of Tract No. 86, in the City of Huntington Beach, County of Orange, State of California, as per map filed in book 10 pages 35 and 36 of Miscellaneous Maps, in the Offcie of the County Recorder of said County, described as follows: Beginning at the intersection of the centerline of Sims Street, said centerline being shown on said map as the centerline of the private road, 50.00 feet wide, between Lot 1 of said Block 18 and Lot 2 of Block 17 of said Tract No. 86, and with a line parallel with and 30.00 feet Southerly , measured at rights angles, from the centerline of Warner Avenue, formerly Wintersburg Avenue, as shown on said map; thence along said parallel line N . 89039 '20" E . 125. 00 feet to a line parallel with and 125.00 feet Easterly, measured at right angles, from said centerline of Sims Street; thence along last mentioned parallel line S . 0°44 ' 49" E . 30.00 feet to a line parallel with and 60.00 feet Southerly, measured at right angles, from said centerline of Warner Avenue; thence along last mentioned parallel line S . 89*39120" W. 62.77 feet to a tangent curve concave Southeasterly having a radius of 32.00 feet, said curve also being tangent to a line parallel with and 30.00 feet Easterly, measured at right angles, from said centerline of Sims Street; thence Southwesterly along said curve through a central angle of 67058129" a distance of 37.96 feet to a line parallel with and 80.00 feet Southerly, measured at right angles , from said center- line of Warner Avenue; thence along last mentioned parallel line S. 89039120" W. 32.42 feet to said centerline of Sims Street; thence along said centerline of Sims Street N . 0044149" W. 50.00 feet to the point of beginning: EXCEPTING THEREFROM remaining 50% of all oil, grantor their heirs, successors and assigns fifty percent of all oil, gas and other hydrocarbon substances in, under or that may be produced and saved from those portions of the hereinabove described lands located 500 feet, or more, below the surface thereof, together with all rights of every kind and description whatsoever to drill for, or through, develop, take, remove and sever the same, or any part thereof, from said land, provided that grantor shall not have the right to use the surface of said lands, or any portion thereof less than 500 feet below the surface in connection with the development or removal of said oil, gas, and other hydrocarbon substances, as reserved in deed recorded August 22, 1978 in book 12809 page 1185, Official Records . Affects: Parcel A FORM 3649.01 Pm No. 35507-6 SCHEDULE A CONTINUED ALSO EXCEPTING from the remainder fifty percent of all oil, gas and other hydrocarbon substances in, under or that may be produced and saved from those portions of the hereinabove described lands located 500 feet, or more below the surface thereof, together with all rights of every kind and description whatsoever to drill for, or through, develop,take, remove and sever the same, or any part thereof, from said land, or any portion thereof less than 500 feet below the surface in connection with the development or removal of said oil, gas, and other hydrocarbon substances, as reserved by Samuel Freeman and wife by deed dated December 8, 1965 and recorded December 29 , 1965 in book 7788 page 503, Official Records . EXCEPTING all oil, gas and other hydrocarbon substances covering certain portions of said land, reserved by Maurice Feldman, et ux. , by deed recorded November 4 , 1954 in book 2860 page 571, Official Records , and also excepting from said land all portions not included in exceptions recorded in book 2860 page 571 , Official Records, fifty percent of all oil, gas and other hydrocarbon substances in, under, or that may be produced and saved from those portions of the hereinabove described lands located 500 feet, or more , below the surface thereof, together with all rights of every kind and description whatsoever to drill for, or through, develop, take remove and sever the same, or any part thereof, from said land, or any portion thereof less than 500 feet below the surface in connection with the development or removal of said oil, gas, and other hydrocarbon substances. There is no right of surface entry, as reserved in deed recorded August 22, 1978 in book 12809 page 1185, Official Records. Affects: Parcel B EXCEPTING and reserving to the United States of America, all uranium, thorium and all other materials determined to be peculiarly essential to the production of fissionable material, contained in whatever concen- tration in deposits in said land are reserved for the use of the United States, together with the right of the United States through its authorized agents or representatives at any time to enter upon said land and prospect for, mine and remove the same , making just compensation for any damage or injury occasioned thereby, however, such land may be used, and any rights otherwise acquired by this disposition may be exercised, as if no reserva- tion of such materials had been made as reserved by the United States of America, in deeds recorded September 1, 1949 in Book 1896 Page 373, Official Records, November 4 , 1949 in Book 1923 Page 421, Official Records and November 4 , 1949 in Book 1923 page 424, Official Records, September 17 , 1949 in Book 1901 page 1, Official Records , November 15 , 1949 in Book 1926, Page 444 , Official Records , September 6 , 1949 in Book 1898, Page 57, Official Records , September 10 , 1949 in Book 1899, Page 276 Official Records , October 3 , 1949 in Book 1911, Page 111, Official Records , November 1, 1949 in Book 1922, Page 286, Official Records , August 30, 1949 in Book 1895, Page 391, September, 15 , 1949 in Book 1902, Page 64, Official Records, November 17 , 1949 in Book 1927, Pages 490-495, inclusive, Official Records, January 25, 1950 in Book 1959, Pages 92 through 99, inclusive, Official Records , September 19 , 1949 in Book 1903, Page 245, Official Records and January 24, 1950 in Book 1958, Pages 198 through 209, inclusive, Official Records Chicago Title Insurance Company Form 3631 R a-as Pm` SCHEDULE B Policy No. 35507-6 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 I 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. S. (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 A, 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) restricting 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 governmental 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 insured 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 II 1 . The use and control of cienegas and natural streams of water, if any naturally upon, flowing across, into or by said described tract, and the right of way for and to construct irrigationor drainage ditches through said tract to irrigate or drain the adjacent land, as reserved in the deed recorded April 11, 1906 in Book 91-203 of Deeds and other Deeds of Record. Said rights are now vested in the County of Orange. 2. A lease, affecting the premises herein described, executed by and between the parties named herein, for the term and upon the terms and provisions therein set forth. Type of Lease: Community Oil and Gas Lease Dated: December 27, 1954 Lessor: Samuel Freeman and Sarah Freeman Continued. . . . NOTE: The following endorsements appearing after • O• Schedule B are an integral g part of this policy: Validating Signatory Form 3236—(R 10-73) Schedule B of this Policy consists of pages. Chicago Title Insurance Company ' pm No. 35507-6 SCHEDULE B CONTINUED Lessee: Irving Lionel Freeman Recorded: January 27, 1955 in book 2938 page 318 , Official Records Affects: a portion of said land No assurance is made as to the present ownership of said lease- hold or matters affecting the rights or interest of the lessor or lessee in said lease. 3. A lease, affecting the premise's herein described, executed by and between the parties named herein, for the term and upon the terms and provisions therein set forth. Type of Lease: Community Oil and Gas Lease Dated: March 9 , 1955 Lessor: Samuel Freeman and Sarah Freeman Lessee: Claud A. Graham Recorded: March 22, 1955 in book 3004 page 432, official Records Affects: a portion of said land No assurance is made as to the present ownership of said lease- hold or matters affecting the rights or interest of the lessor or lessee in said lease. Chicago Title Insurance Company Form 3631 u a-as "IMPORTANT: This plat is not a survey. It is merely - furnished as a convenience to locate the land in re- , lotion to oajoining streets a-,d other lands and not to guarantee any dimensions, distances, bearings, 110-03 or acreage." -r--- 163-29 a k I • YNN., ,� — A �'- STREET' t ,.• 3e I TRACT ^ n�+R j AW . ' 1O 12 TAR.t i W _ w LOr 6 14 I r . O n ^ PAR i O O 15 19 P. cv BLK. 18 = 4t (, L 6 St. 16 Q 3 r >r ^ 4i 7 h 66 �w O L LO 3 ^ y �,• #' � 8 LOT / � O �13 rr a•te Y o26 10 r ., 0 fiz NO,� 66�. `3Q ` t s '$ kk , 6 h MARCH 1972 TRACT NO. 86 Y.M. /0 -.33.36 02 NOTE- ASSESSOR'S BLOCK 8 ASSESSLA' YAP P M. 38 - 26 PARCEL NUMBERS BOOK 110 PAOE 03 SHOWN IN CIRCLES COUNTY Or ORANGE CH