HomeMy WebLinkAboutPacific Coast Homes - 1989-01-014J
RE UEW FOR CITY COUNCII ACTION
. C�
RH 89-28
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul Cook, City Administrator V C ,
Prepared by: Douglas La Belle, Deputy City Administrator/Economic Developme
4
Subject: APPROVAL OF AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY
BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES
APPROVED By CITY COUNCIL
Consistent with Council Policy? pC] Yes [ ] New Policy or Exce tion 1)
-19
Statement of Issue, Recommendation, Analysis, Funding Source, Alterna ve Actions, Attachments-,, 1-4
STATEMENT OF ISSUE: V "
Transmitted for the Agency's consideration is an exchange agreement between the City of
Huntington Beach and Pacific Coast Homes for the exchange of real property. The
exchange parcels are identified on the attached site map as parcels 1, 2, & 3.
RECOMMENDATION:
Approve the exchange agreement and authorize the Mayor and City Clerk to execute said
agreement.
ANALYSIS:
The sites in question are adjacent to the City of Huntington Beach Civic Center complex.
The exchange parcels are of equal value and the exchange will facilitate the completion
of the 86—unit residential development as previously approved by the city for Pacific
Coast Homes. Tax increment proceeds from the development will generate the funding
source that will enable the expansion of the City Hall parking facilities to accommodate
approximately 100 additional parking spaces.
Staff is recommending approval of the exchange agreement in that it will serve tOF0
facilitate the objectives of both parties by providing for the development of the,
single—family residential project and the provision of additional needed parking adjacent
to City Hall. T m
FUNDING SOURCE: �vv-
None required. c
ALTERNATIVE ACTION:
Do not approve or modify the exchange agreement between the City of Huntington Beach
and Pacific Coast Homes.
ATTACHMENTS:
1) Site Map.
2) Agreement for Exchange of Real Property with Pacific Coast Homes. 000e
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AGREEMENT FOR EXCHANGE OF REAL PROPERTY
BETWEEN THE CITY OF HUNTINGTON BEACH
AND PACIFIC COAST HOMES
-1444
This Agreement is entered into this cd day of March, 1989,
by and between the CITY OF HUNTINGTON BEACH, California, a municipal
corporation (hereinafter called "CITY"), and PACIFIC COAST HOMES
(hereinafter called "PCH") for the exchange of certain real property
between CITY and PCH.
WHEREAS, PCH and CITY are the owners, in fee, of certain real
property located in the City of Huntington Beach, California more
fully described in Exhibits "A" and "B" attached hereto and
incorporated herein by this reference; and,
PCH and CITY desire to exchange said property.
NOW, THEREFORE, the parties agree as follows:
1. EXCHANGE AND OPTION.
1.1 PCH Property. In exchange for the property set
forth in Paragraph 1.2, below, PCH agrees to convey to CITY, on the
terms and conditions hereinafter set forth, that certain real
property (the "PCH Property") as described in Exhibit "A".
1.2 CITY Property. In exchange for the property set
forth in Paragraph 1.1, above, CITY agrees to convey to PCH, on the
terms and conditions hereinafter set forth, that certain real
property (the "CITY Property") as described in Exhibit "B".
1.3 Intent. It is the intention of the parties that
these mutual conveyances shall qualify as an "exchange" within the
meaning of Section 1031 of the Internal Revenue Code of 1954.
Nevertheless, neither party makes any warranties or representations,
express or implied, as to whether these mutual conveyances shall
qualify as an "exchange" within the meaning of Section 1031 of the
Internal Revenue Code of 1954, and each party agrees to release and
hold harmless the other party from and against any damages or
claims, whether directly or indirectly in connection therewith.
Each party hereby specifically waives the provisions of Section 1542
of the California Civil Code ("Section 1542") and any similar law of
any other state, territory or jurisdiction. Section 1542 provides:
A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by
him must have materially affected his settlement with
the debtor.
1.4 Exchange Value. These conveyances shall be for
and in consideration of each other and on the terms and conditions
set forth herein. The PCH Property and CITY Property (collectively
"Subject Properties") are of equal value and there is no additional
consideration due either party hereunder.
2. ESCROW. Each party agrees to execute the escrow
instructions and do all things necessary to complete said escrow a
copy of which is attached hereto as Exhibit "C" and incorporated
herein by this reference.
3. CONDITIONS OF CLOSING. The close of escrow is
conditioned upon:
a. Conveyance to each party of good and marketable
title subject to the approval of the Attorneys representing such
parties herein.
b. Delivery of California Land Title Association
(CTLA) title insurance policy in the amount of the full appraisal
price subject only to such liens, encumbrances, clouds or conditions
-2-
as may be approved in writing by the parties' Attorneys.
c. Delivery of possession of said property to each
party or its nominee, immediately on close of escrow, free and clear
of all uses and occupancies except as such acquiring party may agree
to accept in writing.
4. FAILURE OF CONDITIONS. Should any of the conditions
specified in Paragraph 3 of this Agreement fail to occur within a
reasonable time after the date hereof, each party shall have the
power, to give written notice to the escrow holder and to cancel
such escrow, terminate this Agreement and recover any consideration
paid to escrow holder on account of this contract. The escrow
holder shall be, and is hereby, irrevocably instructed by both
parties on any such failure of conditions and receipt of such notice
from such parties to immediately refund to the parties all monies
and instruments deposited by them in escrow pursuant to this
Agreement.
5. PRORATIONS. Escrow Holder shall prorate all interest
on assessments, and all real property and mineral taxes which are a
lien upon either property or based on the most recent official
information available from the appropriate City or County Office.
All prorations shall be made to the date of Close of Escrow based on
a thirty (30) day month.:
6. BONDS AND ASSESSMENTS. Any bonds or improvement
assessments which are a lien on said property shall, be paid by the
transferors herein, at close of escrow.
7. BROKERS. The parties each represent to the other that
they know of no claim or broker's or finder's fees or other
commissions in connection with this transaction. In the event any
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broker or finder asserts a claim for a commission or finder's fee,
the party through whom the broker or finder makes his claim shall
indemnify the other party for any and all costs and expense
(including attorneys fees) incurred by the other party in defending
against the same.
8. EXPENSES OF ESCROW. All expenses of the escrow herein
shall be paid by both parties in equal shares.
9. OWNER'S REPRESENTATIONS, COVENANTS AND WARRANTIES. As an
express condition precedent to the Close of Escrow for each parties
benefit, and in addition to any other representations, covenants and
warranties contained in this Agreement, both parties makes the
following representations and warranties, each of which is true in
all respects as of the date of this Agreement, and shall be true in
all respects as of the closing date (as defined in the Escrow
Instructions):
a. Authority to Sign. This Agreement and all the
documents executed by the parties that are to be delivered at
closing are, and at the closing will be, duly authorized, executed
and delivered to each party; are, and at the closing will be, to the
best of each parties knowledge, violate any provisions of any
agreement to which such party is a party or to which he is subject,
including without limitations, any prior options, purchase
agreements and/or escrow instructions.
b. Existing Contracts. At the closing, there will be
no outstanding contracts made by either party for any improvements
to the property that have not been fully paid, and each party shall
cause to be discharged (in such a manner that the Title Company will
not show the liens(s) as an exception(s) to title under the Title
-4-
Policy), all mechanics' or materialmen's liens arising from any
labor or materials furnished to the property prior to the closing.
c. Title. Each party has, and will convey to the
other, good and marketable fee simple title to the property free and
clear of all liens, encumbrances, claims, rights, demands,
easements, leases, licenses, agreements, covenants, conditions, and
restrictions of any kind or character (including, without limiting
the generality of the foregoing, liens or claims for taxes,
mortgages, conditional sales contracts or other title retention
agreements, deed of trust, security agreements and pledges) except
for those exceptions to title approved in writing by the parties'
attorneys shown in the Preliminary Title Report attached hereto as
Exhibit "D" and "E" respectively dated
and /— -fit, —>`, a , which shall be replaced by title insurance
during escrow hereof. Neither party shall encumber, modify or
diminish title to all, or any portion of or interest in, the
property without the other party's written consent.
d. Litigation. Neither party is involved in, nor does
any party have knowledge of, any claim, proceeding or threatened
litigation, administrative or governmental proceeding or
investigation, relating to or otherwise affecting the property or
the ability of such party to deliver good and marketable fee simple
title to the property to the other.
e. Tenants. There are no tenants on the property
except those approved in writing by the other party.
10. DISCLAIMER. Neither party makes any representations or
warranty whatsoever, express or implied, to the other party as to
the physical condition of its real property or in connection with any
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matter relating to the condition, value, fitness,use or zoning
thereof upon which the other party has relied directly or
indirectly. Each party has entered into this Agreement on the sole
basis and with the intent of conducting its own independent
investigation and examination of the physical condition of the
property it intends to acquire pursuant to this Agreement, including
the subsurface thereof. It is understood by CITY that portions of
the PCH's property may have been previously used as and for a
petroleum storage area. Each party is acquiring the property in an
"AS IS" condition, including all conditions associated with or
related to such prior use, whether patent or latent, and without
regard to reasonable inspections.
11. TIME OF THE ESSENCE. Time is of the essence with
regard to this Agreement, these instructions, and any amendments
hereto.
12. GOVERNING LAW. This Agreement shall be governed by and
construed in accordance with the local law of the State of
California, without regard to the principles of conflicts of law.
13. CONFLICT OF INTEREST. Conflicts of interest relating
to this Agreement are strictly prohibited. Except as otherwise
expressly provided herein, CITY shall not vie to or receive from any
director, employee or agent of PCH any gift, entertainment or other
favor of significant value, or any commission, fee or rebate.
Likewise, CITY shall not enter into any business relationship with
any director, employee or agent of PCH (or of any affiliate of PCH),
unless such person is acting for and on behalf of PCH, without prior
written notification thereof to PCH.
•
SELLER:
PACIFIC COAST HOMES
2120 Main Street, Suite 260
Huntington Beach, CA 92648
Attn: J.W. Johnson
BUYER:
THE CITY OF HUNTINGTON BEACH,
2000 Main Street
Huntington Beach, CA
92648
PAGE END
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14. ATTORNEY'S FEES. In the event of any controversy,
claim or dispute arising out of or relating to this Agreement or the
escrow or any breach of either, the prevailing party shall be
entitled to attorney's fees.
15. NOTICES. Any and all notices or other communications
required or permitted by this Contract or by law to be served on the
other party hereto, or by the escrow holder shall be in writing and
shall be deemed duly served and given when personally delivered to
any of the parties, to whom it is directed, or in lieu of such
personal service when deposited in the United States mail,
first-class postage prepaid, addressed to the parties at the address
shown below. IN WITNESS WHEREOF,
this Agreement this day of
hereinabove.
SELLER:
PACIFIC COAST HOMES
a California gorporation
J��Ir son , Vice President
pez secretary
ATTEST:
Agency Clerk
REVIEWED AND APPROVED:
City Administrator
the/ parties hereto have executed
1989, set forth
BUYER:
The CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
� lee?t;
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Deputy City Administrator/
Director of ECONOMIC
Development
�:3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On this -1?V day of :)�ZaA , 19 cP-�Y'- , before me,
a Notary Public in and for said County and State, personally appeared
known to me to be the Mayor
and « ;Jm known to me to be the City Clerk
of the City of Huntington B ch, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
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4� 1
OR-1508041
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 2:
THAT PORTION OF LOT 2 IN BLOCK 1902 AND SEVENTEENTH STREET, ALL OF
TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF UTICA STREET,
60.00 FEET IN WIDTH, AS SHOWN ON SAID MAP, AND THE CENTERLINE OF SAID
SEVENTEENTH STREET, 70.00 FEET IN WIDTH; THENCE NORTH 41 DEG. 19, 00"
EAST 181.86 FEET ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO A
LINE PARALLEL WITH AND 840.00 FEET WESTERLY OF THE CENTERLINE OF LAKE
AVENUE 90.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 136.59 FEET
ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID UTICA STREET;
THENCE WEST 120.07 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 14 IN BLOCK 1901, SEVENTEENTH STREET AND PINE,ftvecp
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET IN WIDTH AND A LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF UTICA STREET, 60.00 FEET IN WIDTH AS
SHOWN ON SAID MAP; THENCE NORTH 41 DEG. 19' 00" EAST 208.18 FE
ALONG SAID CENTERLINE OF SAID SEVENTEENTH STREET; THENCE SOUTH Z44 36
FEET PARALLEL WITH THE CENTERLINE OF LAKE AVENUE, 90.00 FEET IN WIDTH
AS SHOWN ON SAID MAP, TO THAT LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF SAID UTICA STREET; THENCE WEST 137.45
FEET TO THE POINT OF BEGINNING.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS
REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE
INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT
ANY TIME.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE ,�,
OR-1508040
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 1, 3 AND 5 IN BLOCK 1903 AND SEVENTEENTH STREET,
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET WIDE AND A LINE PARALLEL WITH AND 840.00 FEET
WESTERLY OF THE CENTERLINE OF LAKE AVENUE 90.00 FEET IN WIDTH, AS
SHOWN ON SAID MAP; THENCE NORTH 191.41 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 45 DEG. 00' 0011 EAST 24.04 FEET TO A LINE PARALLEL WITH
AND 375.00 FEET NORTHERLY OF THE CENTERLINE OF UTICA STREET; THENCE
EAST 166.20 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 41 DEG. 19' 00" WEST 277.48 FEET
ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO THE POINT OF
BEGINNING.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS
REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE
INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT
ANY TIME.
LA
PLATS (CC&R'S, IV ANY) ENCLOSED.
NOTE: THE ASSESSOR'S PARCEL NUMBER(S) FOR THE ABOVE MENTIONED LEGAL
DESCRIPTION IS/ARE 023-033-02, COVERING THE HEREIN DESCRIBED AND
OTHER LAND.
PAGE ��
EXHIBIT "C"
ESCROW INSTRUCTIONS
1. Close of Escrow. Close of Escrow pursuant to, and in accordance with that
certain contract entitled "AGREEMENT FOR EXCHANGE OF REAL PROPERTY
BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES" (the
Agreement"), shall be the date upon which the Grant Deed conveying title to the
Subject Properties are recorded in the Official Records of the County of Orange.
This Escrow shall close on or before or within five (5) days following the Review
Period, whichever comes first. If Escrow is not Ina condition to close by such date, as
the same may have been extended, any party which is not then in default may, in
writing, demand the return of its documents; but, if both parties are in default, no
demand for return thereof shall be recognized until .five (5) days after Escrow
Holder shall have mailed copies of such demand to the other party. If no such
demand is made, Escrow Holder shall close the Escrow as soon as possible.
2. Required Conditions of Closing. Escrow Holder is hereby authorized to
record the documents and disburse the funds and documents called for, provided
each of the following conditions has then been fulfilled:
(a) Escrow Holder can issue a CLTA Owner's Policy of Title Insurance, at
CITY's option, showing title to the PCH Property vested in CITY, subject only to:
(i) Real Property Taxes not then delinquent;
(ii) All conditions and exceptions and other matters affecting title
as shown in the preliminary title report to be delivered to CITY pursuant to the
Agreement, except for such exceptions and other matters which CITY shall have
disapproved (which disapproval CITY shall not have subsequently waived in writing
by agreeing to accept the PCH Property subject to such matters), but including those
conditions and exceptions affecting title which CITY elects to accept pursuant to
Paragraph 9_c_ of the Agreement; and
(iii) Covenants, restrictions, reservations and other matters set
forth in the Grant Deed to be recorded in the form attached to the Agreement as
Exhibit "F" which is incorporated by this reference.
(b) Escrow Holder can issue a CLTA Owner's Policy of Title Insurance, at
PCH's option, showing title to the CITY Property vested in PCH, subject only to:
(i) Real Property Taxes notthen delinquent,
1
(ii) All conditions and exceptions and other matters affecting title
as shown in the preliminary title report to be delivered to PCH pursuant to this
Agreement, except for such exceptions and other matters which PCH shall have
disapproved (which disapproval PCH shall not have subsequently waived in writing
by agreeing to accept the CITY Property subject to such matters), but including
those conditions and exceptions affecting title which PCH elects to accept pursuant
to Paragraph 9.c. of the Agreement; and
(iii) Covenants, restrictions, reservations and other matters set
forth in the Grant Deed to be recorded in the form attached to the Agreement as
Exhibit "F"_
(c) CITY and PCH shall have deposited into Escrow the funds and
documents referred to or described in the Agreement or this Exhibit "C".
Escrow Holder is authorized to record any instrument delivered through the
Escrow if necessary or proper for issuance of the policy of title insurance referred to
in this Paragraph 2.
3. Prorations. Escrow Holder shall prorate all interest on assessments, and all
real property and mineral taxes which are a lien upon either the CITY Property or
the PCH Property based on the most recent official information available from the
appropriate City or County Office. All prorations shall be made to the date of Close
of Escrow based on a thirty (30) day month.
4. Escrow Charges. All expenses of the escrow shall be paid by both parties in
equal shares.
5. General Escrow Provisions. Upon their review and approval thereof, and so
long as not inconsistent with anything contained in the Agreement or this Exhibit
"C, CITY and PCH agree to incorporate into the Agreement the General Escrow
Provisions normally used by Escrow Holder. If required'by Escrow Holder, the parties
agree to execute reasonable supplementary instructions to Escrow Holder,
consistent with the Agreement and this Exhibit "C".
6. Accounting. Upon Close of Escrow, the Escrow Holder is directed to send an
accounting of this transaction to Huntington Beach Company at 2120 Main Street,
Suite 260, Huntington Beach, California 92648, Attn: J.W. Johnson, and at P.O. Box
7256, San Francisco, California, 94120-7256, Attn: Accounting.
2
7. Reporting to Internal Revenue Service. Any returns, statements or reports
required to be filed under Section 6045(e) of the Internal Revenue Code of 1986 (or
any similar reports required by State or local law) relating to this transaction shall be
filed by Escrow Holder. In no event shall this Agreement be construed so as to
require that such returns, reports or statements be filed by CITY, CITY's counsel, PCH
or PCH's counsel. Within five (5) days of the date Escrow Holder shall receive a
written request from PCH and/or CITY to do so, Escrow Holder shall provide
evidence to PCH and/or CITY of its compliance with the provisions of this Paragraph
7.
8. REVIEW PERIOD Each party shall have from the Opening of Escrow until
twenty (20) days thereafter (the "Review Period") to examine and investigate all
aspects of the property to be acquired hereunder, including without limitation,
grading, soil composition and condition, leases, subleases, easements, rights of way,
building and other restrictions, governmental conditions, zoning, traffic and title
matters. At any time prior to the expiration of the Review Period, either party shall
have the right to terminate this Agreement for any reasonable cause by giving ten
(10) days written notice to Escrow Holder and the other party. In the event of such
termination, all escrow charges shall be in accordance with Paragraph 5, above, and
all documents delivered into Escrow shall be returned to the depositing party.
3
EXHIBIT "D"
OR-1508041
FIRST AMERICAN TITLE INSURANCE COMPANY
114 EAST FIFTH STREET, (P.O. BOX 267)
SANTA ANA, CALIFORNIA 92702
(714) 558-3211
PACIFIC COAST HOMES
2120 MAIN STREET, SUITE 260
HUNTINGTON BEACH, CALIFORNIA
ATTN: WILLIAM HOLMAN
YOUR NO. (LAND EXCHANGE PARCELS 2 AND 3)
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SH^WN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE
POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY
OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
D AS OF J. TU�Y, 30, 1989 AT 7 t 30 A.M.
ROGER )O. REIMER -P "rTIT
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY WITH REGIONAL
EXCEPTIONS (STANDARD COVERAGE).
PAGE 1
OR-1508041
TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PACIFIC COAST HOAXES, A CALIFORNIA CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORA! WOULD BE AS FOLLOWS:
1. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES, COVERING THE
HEREIN DESCRIBED AND OTHER LAND, FOR THE FISCAL YEAR 1988-1989,
AMOUNT $793.42; CODE AREA 04-032, A. P. NOS. 02-.-031-04 AND
023-040-08.
2. THE LIEN OF SUPPLEMENTAL TAXES
COMMENCING WITH SECTION 75 OF THE
CODE.
ASSESSED PURSUANT TO CHAPTER 3.5
CALIFORNIA REVENUE AND TAXATION
3. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC USE,
ALL PUBLIC HIGHWAYS, PARKS, COURTS, COMMONS, AND OTHER GROUND SHOWN
ON THE MAP OF SAID TRACT INTENDED FOR PUBLIC USE, EXCEPT THE RIGHTS
TO THE USE OF SAID STREETS, AVENUES AND ALLEYS FOR WATER PIPES AND
CONDUITS, RAILROADS, TELEPHONE POLES, WIRES AND CONDUITS, AND
INCIDENTAL PURPOSES, AS INDORSED ON THE MAP OF TRACT NO. 12.
4. THE PRIVATE RIGHT OF ALL OWNERS OF LOTS AND BLOCKS IN TRACT NO.
12 TO USE THE STREETS AND AVENUES FOR INGRESS AND EGRESS.
5. THE RIGHT TO USE ALL STREETS, ALLEYS AND AVENUES DEDICATED TO
PUBLIC USE WITHIN TRACT NO. 12, FOR WATER MAINS, PIPE LINES AND
INCIDENTAL PURPOSES, AS CONVEYED TO HUNTINGTON BEACH WATER COMPANY, A
CORPORATION, BY INSTRUMENT RECORDED JANUARY 30, 1923 IN BOOK 451,
PAGE 325 OF DEEDS.
6. AN UNRECORDED LICENSE, DATED OCTOBER 10, 1922, EXECUTED BY THE
CITY OF HUNTINGTON BEACH, GRANTING TO AMALGAMATED OIL COMPANY THE
RIGHT TO CONSTRUCT PIPE LINES OVER SEVENTEENTH STREET, UPON THE
TERMS AND PROVISIONS THEREIN CONTAINED, ENTITLED "PERMIT TO USE
STREET", AS DISCLOSED BY AN ASSIGNMENT RECORDED JULY 9, 1924 IN BOOK
533, PAGE 1 OF DEEDS, FROM SAID AMALGAMATED OIL COMPANY TO ASSOCIATED
OIL COMPANY.
PAGE 2
OR-1508041
7. A RIGHT OF WAY FOR PIPE LINES AND INCIDENTAL PURPOSES, AS
CONVEYED TO STANDARD OIL COMPANY, A CORPORATION, BY INSTRUMENT
RECORDED JANUARY 19, 1926 IN BOOK 627, PAGE 151 OF DEEDS, OVER BLOCK
1900 AND PORTIONS OF LOTS 11, 12 AND 14 IN BLOCK 1901 OF TRACT NO.
12.
8. ANY RESTRICTIONS COVERING THE FUTURE OF SAID LAND, AS DISCLOSED
BY A "STATEMENT FOR A REDEVELOPMENT PROJECTt1 RECORDED OCTOBER 5, 1982
AS INSTRUMENT NO. 82-350908 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
9. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF
UNRECORDED LEASES, IF ANY. KINDLY FORWARD SAID LEASES FOR OUR
EXAMINATION.
PAGE 3
OR-1508041
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2 IN BLOCK 1902 AND SEVENTEENTH STREET, ALL OF
TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF UTICA STREET,
60.00 FEET IN WIDTH, AS SHOWN ON SAID MAP, AND THE CENTERLINE OF SAID
SEVENTEENTH STREET, 70.00 FEET IN WIDTH; THENCE NORTH 41 DEG. 19' 00"
EAST 181.86 FEET ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO A
LINE PARALLEL WITH AND 840.00 FEET WESTERLY OF THE CENTERLINE OF LAKE
AVENUE 90.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 136.59 FEET
ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID UTICA STREET;
THENCE WEST 120.07 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
12.1Z 3
THAT PORTION OF LOT 14 IN BLOCK 1901, SEVENTEENTH STREET AND PINE
STREET, ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9,
PAGE 13 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SEVENTEENTH
STREET, 70.00 FEET IN WIDTH AND A LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF UTICA STREET, 60.00 FEET IN WIDTH AS
SHOWN ON SAID MAP; THENCE NORTH 41 DEG. 19' 00" EAST 208.18 FEET
ALONG SAID CENTERLINE OF SAID SEVENTEENTH STREET; THENCE SOUTH 156.36
FEET PARALLEL WITH THE CENTERLINE OF LAKE AVENUE, 90.00 FEET IN WIDTH
AS SHOWN ON SAID MAP, TO THAT LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF SAID UTICA STREET; THENCE WEST 137.45
FEET TO THE POINT OF BEGINNING.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE 4
7-t 3 �ttRl
EXHIBIT "E"
OR-1508040
FIRST AMERICAN TITLE INSURANCE COMPANY
114 EAST FIFTH STREET, (P.O. BOX 267)
SANTA ANA, CALIFORNIA 92702
(714) 558-3211
PACIFIC COAST HOMES'`
2120 MAIN STREET, SUITE 260
HUNTINGTON BEACH, CALIFORNIA
ATTN: WILLIAM HOLMAN
YOUR NO. (LAND EXCHANGE PARCEL 1)
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE
POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY
OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATEDJAS/OF JANUARY 30, 1989 AT 7:30 A.M.
ROGER C. REIMER -
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY WITH REGIONAL
EXCEPTIONS (STANDARD COVERAGE).
PAGE 1
OR-1508040
TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON-
PROFIT PUBLIC BENEFIT CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS:
1. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH S'rCTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
2. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC USE,
ALL PUBLIC HIGHWAYS, PARKS, COURTS, COMMONS, AND OTHER GROUND SHOWN
ON THE MAP OF SAID TRACT INTENDED FOR PUBLIC USE, EXCEPT THE RIGHTS
TO THE USE OF SAID STREETS, AVENUES AND ALLEYS FOR WATER PIPES AND
CONDUITS, RAILROADS, TELEPHONE POLES, WIRES AND CONDUITS, AND
INCIDENTAL PURPOSES, AS INDORSED ON THE MAP OF TRACT NO. 12.
3. THE PRIVATE RIGHT OF ALL OWNERS OF LOTS AND BLOCKS IN TRACT NO.
12 TO USE THE STREETS AND AVENUES FOR INGRESS AND EGRESS.
4. THE RIGHT TO USE ALL STREETS, ALLEYS AND AVENUES DEDICATED TO
PUBLIC USE WITHIN TRACT NO. 12, FOR WATER MAINS, PIPE LINES AND
INCIDENTAL PURPOSES, AS CONVEYED TO HUNTINGTON BEACH WATER COMPANY, A
CORPORATION, BY INSTRUMENT RECORDED JANUARY 30, 1923 IN BOOK 451,
PAGE 325 OF DEEDS.
5. AN UNRECORDED LICENSE, DATED OCTOBER 10, 1922, EXECUTED BY THE
CITY OF HUNTINGTON BEACH, GRANTING TO AMALGAMATED OIL COMPANY THE
RIGHT TO CONSTRUCT PIPE LINES OVER SEVENTEENTH STREET, UPON THE
TERMS AND PROVISIONS THEREIN CONTAINED, ENTITLED "PERMIT TO USE
STREET", AS DISCLOSED BY AN ASSIGNMENT RECORDED JULY 9, 1924 IN BOOK
533, PAGE 1 OF DEEDS, FROM SAID AMALGAMATED OIL COMPANY TO ASSOCIATED
OIL COMPANY.
6. A LEASE AND SUBLEASE, DATED JANUARY 15, 1972, BY AND BETWEEN THE
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AS OWNER, LESSOR
AND SUBLESSEE, AND HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION, AS
LESSEE, SUBLESSOR, FOR THE TERM, AND UNDER THE TERMS, CONDITIONS,
PAGE 2
OR-1508040
PROVISIONS AND COVENANTS THEREIN PROVIDED, RECORDED FEBRUARY 11, 1972
IN BOOK 9998, PAGE 745 OF OFFICIAL RECORDS.
AN INDENTURE OF MORTGAGE AND DEED OF TRUST, DATED JANUARY 15, 1972,
EXECUTED BY HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION, AS
LESSEE, SUBLESSOR, TO BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION, AS TRUSTEE, TO SECURE AN INDEBTEDNESS OF $11,100,000.00,
EVIDENCED BY SERIES OF MUNICIPAL BONDS, THE INITIAL OFFERING OF WHICH
ARE OF EVEN DATE; THE FUNDS REALIZED FROM THE SALE OF SUCH BONDS TO
BE USED FOR THE CONSTRUCTION OF A CITY HALL, POLICE BUILDING, AND
RELATED FACILITIES TO EACH SUCH BUILDING, RECORDED FEBRUARY 11, 1972
IN BOOK 9998, PAGE 756 OF OFFICIAL RECORDS.
7. ANY RESTRICTIONS COVERING THE FUTURE OF SAID LAND, AS DISCLOSED
BY A "STATEMENT FOR A REDEVELOPMENT PROJECT" RECORDED OCTOBER 5, 1982
AS INSTRUMENT NO. 82-350908 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
8. AN UNRECORDED LEASE, DATED JULY 15, 1986, EXECUTED BY CITY OF
HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION, A NONPROFIT
CORPORATION, AS LESSOR, AND CITY OF HUNTINGTON BEACH, A CHARTER CITY
AND MUNICIPAL CORPORATION, AS LESSEE, FOR THE TERM, AND UPON THE
TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, AS DISCLOSED BY
MEMORANDUM OF LEASE RECORDED AUGUST 13, 1986 AS INSTRUMENT NO.
86-359343 OF OFFICIAL RECORDS.
NOTE 1: AFFECTS ALL OF BLOCK 1903 OF TRACT NO. 12.
NOTE 2: VARIOUS INSTRUMENTS MAY APPEAR OF RECORD AFFECTING OR
PURPORTING TO AFFECT THE INTEREST OF THE LESSORS AND LESSEES UNDER
SAID LEASE, BUT THIS REPORT DOES NOT COVER AN EXAMINATION OF OR
INSURANCE AS TO THE EFFECT THEREOF, OR THE PRESENT OWNERSHIP OR
CONDITIONS OF SAID LEASEHOLD.
9. AN ASSIGNMENT AGREEMENT, EXECUTED BY CITY OF HUNTINGTON BEACH
CIVIC IMPROVEMENT CORPORATION, A NONPROFIT CORPORATION, AND SECURITY
PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, RECORDED
AUGUST 13, 1986 AS INSTRUMENT NO. 86-359344 OF OFFICIAL RECORDS.
NOTE: AFFECTS ALL OF BLOCK 1903 OF TRACT NO. 12.
10. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF
UNRECORDED LEASES, IF ANY. KINDLY FORWARD SAID LEASES FOR OUR
EXAMINATION.
PAGE
x 10 ER!
Q t
7
OR-1508040
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 1, 3 AND 5 IN BLOCK 1903 AND SEVENTEENTH STREET,
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET WIDE AND A LINE PARALLEL WITH AND 840.00 FEET
WESTERLY OF THE CENTERLINE OF LAKE AVENUE 90.00 FEET IN WIDTH, AS
SHOWN ON SAID MAP; THENCE NORTH 191.41 FEET ALONG SAID PARALLEL LINE®
THENCE NORTH 45 DEG. 00' 00" EAST 24.04 FEET TO A LINE PARALLEL WITH
AND 375.00 FEET NORTHERLY OF THE CENTERLINE OF UTICA STREET THENCE
EAST 166.20 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 41 DEG. 19' 0011 WEST 2.77.48 FEET
ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO THE POINT OF BEGIN—
NING.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE 4
•
Recording Requested by and
when Recorded Mail to:
with a conformed copy to:
Mail Statements to:
EXHIBIT'T'
Documentary Transfer Tax $
Computed on full value of
property conveyed.
GRANT DEED
For a valuable consideration, receipt of which is hereby acknowledged,
("Grantor") hereby grants to ("Grantee"), the real
property in the County of Orange, State of California, described as follows and
hereafter referred to as the "Property":
Containing Acres, more or less,
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
In witness whereof, Grantor has executed this instrument this day of
19
Agreed and accepted this
GRANTEE:
(Acknowledgement)
day of
By
119.
89 -363293 A.P.
023-0 3-04 (por of
•
por ofs
06¢!�
}: Y
Recording Requested by and
Documentary Transfer Tax $
when Recorded Mail to:
Computed on full value of
�,
property conveyed.
tom..
City of Huntington Beach
1)
2000 Main Street
0
Huntington Beach, Ca. 92648
PT
Attn: ;�'jty Clerk
[!C:1:4
with a conformed copy to:
Pacific Coast Homes
2120 Nfiain Street, Suite 260
Tax -Exempt -Government Agency_
Huntington Beach, Ca. 92648
;
CITY OF HONTINGTON BEACh
I, j)
Attn: Mr. J . W . Johnson
,
Connie Brockway, CnMC
-�
City Clerk
Mail Statements to:
Ely
Deptigt City,Clerk
�Q
City of Huntington Beach
2000 Main Street
FE
Huntington Beach, Ca. 92648
Attn: Mr. Dan Brennan
1'nis document is solely nor tze
official business of the City
GRANT DEED
of Huntington Beach, as contem—
plated under Government Code
See. 6103 end should be recorded
free of charge.
For a valuable consideration, receipt of which is hereby acknowledged,
Pacific Coast Homes, a California corporation ("Grantor"), hereby grants to City of
Huntington Beach, California, a municipal corporation ("Grantee",), the real
property in the County of Orange, State of California, described as follows and
hereafter referred to as the "Property":
That portion of Lot 2 in Block 1902 and Seventeenth Street, all of Tract No. 12 in
the City of Huntington Beach, County of Orange, State of California, as shown on
the map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the
County Recorder of said County described as follows:
Beginning at the intersection of the Northerly line of Utica Street, 60.00 feet in
width, as shown on said map, and the centerline of Seventeenth Street, 70.00
feet in width, said point bears North k 1 Degrees 38' 23" East 39.93 feet along said
centerline of Seventeenth Street from the centerline intersection of Seventeenth
Street and Utica Street; thence North 41 Degrees 38' 23" East 182.11 feet along
said centerline of Seventeenth Street to a line parallel with and 840.00 feet
A15CORDED IN OFFICIAL RECORDS
RECORDING REQUESTED BY OF ORANGE COUNTY, CALIFORNIA
FIRST AMERICAN TITLE INS. CO.
1 -241 PM JUL 10'89
` a' Y:�, RECORDED
89-363293
westerly of the centerline of Lake Avenue, 90.00 feet wide, as shown on said
map; thence South 0 Degrees 19' 06" West 136.81 feet along said parallel line to
the Northerly line of said Utica Street; thence North 89 Degrees 39' 33" West
120.24 feet along said Northerly line to the point of beginning.
Containing 0.189 Acres, more or less.
That portion of Lot 14 in Block 1901, Seventeenth Street and Pine Street, all of
Tract No. 12 in the City of Huntington Beach, County of Orange, State of
California, as shown on the Map recorded in Book 9, Page 13 of Miscellaneous
Maps in the office of the County Recorder of said County described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width
as shown on said map, said point bears South 41 Degrees 38' 23" West 68.48 feet
from an angle point in said Seventeenth Street said angle point being the
Westerly terminus of that certain course described as "East 192.13 feet" as shown
on said map of Tract No. 12; thence South 0 Degrees 19' 06" West 155.89 feet
parallel with the centerline of Lake Avenue, 90.00 feet in width, as shown on said
map; thence North 89 Degrees 40' 54" West 137.05 feet to the centerline of said
Seventeenth Street; thence North 41 Degrees 38' 23" East 207.57 feet to the
point of beginning.
Containing 0.245 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
E
•
0 89-363293
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
In witness whereof, Grantor has executed this instrument this /17;��day of
May, 1989.
PACIFIC COAST HOMES
By
l
By Assistant Secretary - Treasurer
Agreed and accepted this 1 day of May, 1989.
GRANTEE: C'ty of Huntington Beach,
a unicipal corporation of
t e State of Ca]AorpAA
ATTEST:
APPROVED AS TO FORM:
3
•
0 89-363293
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the document to
which this statement is attached reads as follows:
Name of Notary:
Date Commission Expires:
County where bond is filed:
Place of Execution: Santa Ana, California
Date Rog r C. R imer
First American Title Insurance Company
89-363293
t
REVIEWED AND APPROVED: INITIA D AND APPROVED:
BY: --_-` B Y :
IYCIIY
AD INISTRATOR/DIRECTOR
OF ECONOMIC DEVELOPMENT
(Acknowledgement)
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 May 17, 1989 from Pacific Coast Homes
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: June 15, 1989 CITY OF HUNTINGTON BEACH
_ Connie Brockway
ty'Clerk
By: ,�
e
Ell
89=363293
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On this 1 day of 19 before me,
a Nota Public in and for said County and State, personally appeared
Weslpo') 0 t S f (f known to me to be the Mayor
and )OLC' 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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
STATE. OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
-91
On this 1S day of , c�,_� , 19 097 , before me,
a Nota Public in and for said County and State, personally appeared
.. N N r S -f e .2 known to me to be the Mayor
and i E (� o c k 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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same,
i i&'
Exp, Jan R, 199D
• • 89=363293
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On May )% , 1989, before me, the undersigned, a Notary Public in and for said
State, personally appeared before me and
personal) known to me (or proved to me on the
basis of satisfactory e Bence) to be the persons who executed the within instrument
as they �� y1���.�� and k� I """-,) on behalf of PACIFIC
COAST HOMES, the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Notary Public
QFFICIAL SEAL
LAVINA 511E FULLERTON
3 NOTARY PUBLIC- CALWORNIA
ORANGE COUNTy
My CplirS N EXP. OCT 1. 1991
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the document to
which this statement is attached reads as follows:
Name of Notary: ,F�V i/Yl �l Si csZ 1 ltiOa') %y/i,-)
Date Commission Expires: 0C, l �� C19 1
County where bond is filed: 0 QM44C--X--f
Place of Execution: Santa Ana, California
' . r
6
Z2
Date Roger C.Tmer
First American Title Insurance Company
89=363293
r r.
EXHIBIT "A"
STATEMENT OF DOCUMENTARY TRANSFER TAX DUE
(Name of one grantor)
'and
C(Name of ne grantee)
The undersigned declares that the documentary transfer tax is
$ ._ and is
computed on the full value of the interest or property
conveyed, or is
El computed on the full value less the value of liens or
encumbrances remaining thereon at the time of sale.
The land, tenements or realty is located in
El an unincorporated area in the county, or
Pf—the city of uyy?- f 14I) -r6ti,1 k3Z:
(Signature of declarant or signature of declarants agent)
tAt,HAl\Rjt LJL;KUW 1N6 i KUL: 11UhJS
TC`,->F'. R: "AM E R ICAN TITLE INSURANCE C�'^ PANY
TH:;S AGREEMENT, made this 1.� day of April 01989
Between PACIFIC COAST HOMES, a California corporation
hereinafter referred to as First Party, and CITY OF HUNTINGTON BACK, California, a municipal corpora` or,
hereinafter referred to as Second Party.
'That said parties hereto, for and in consideration of the mutual covenants, and agreements hereinafter contained, to be kept and per-
formed, agree to exchange their respective properties hereinafter described, upon the terms and in the manner set forth in this agreement.
The property which first party agrees to convey and which second party is to receive in this exchange is particularly described and se'
forth in the following schedule hereinafter designated as "Schedule "A"."
SCHEDULE "A"
You are to issue a First American Title Insurance Company's standard coverage form Policy of Title Insurance with a liability, of
$ 379,000.00 on the property described in Schedule "A" containing the usual printed exceptions.
All that certain real property situated in the City of Huntington Beac�County of Orange
State of California, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A FART HEREOF.
with the appurtenances including NO shares of water stock of the
The property described in Schedule "A" is to be conveyed subject to the following encumbrances:
1st— Current
Taxes of 19 89-90
2nd—Assessments to be paid by first party, if any.
3rd—Covenants, conditions, restrictions, rights of way, easements and reservations of record, if any.
The property which second party agrees to convey to the first party and which first party is to receive in this exchange is particularly des-
Tribed and set forth in the following schedule hereinafter designated as "Schedule "B "
SCHEDULE "B"
Order No. 150377B—Sµ,iw
You are to issue First American Title Insurance Company's standard coverage form Policy of Title Insurance with a ?iabilit,> c'
b 319,000.00 on the property described in Schedule ""B"" containing the usual printed exceptions.
All that certain real property situated in the City of Huntington Beach , County of Orange
Mate of California, described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
rvith the appurtenances including 111 0 shares of water stock of the
The property described in Schedule "B", is to be conveyed subject to the following encumbrances:
1st— Current Taxes of 1989-90
2nd--Assessments to he paid by second party, if any.
3rd--Covenants, conditions, restrictions, rights of way, easements and reservations of record, if any.
the Deed to property described in Schedule "A" to be made to
CITY OF HUNTINGTON BEACH, California, a municipal corporation
Fhe Deed to property described in Schedule "B" to be made to
PACIFIC COAST HOMES, a California corporation
fhe terms of this Exchange are as follows:
The Valuations of Schedule A and Schedule. B property are allocated in the
Schedule A:
$379,000.00 equity
Schedule B:
$379,000.00 equity
1038 ', {7%69)
IN ACCORDASE WITH EXHIBIT "I" ATTACHED HERETO ESCROW HOLDER IS HEREBY ADVISED P THE
r;.
IRS_PARTY AND B' 'IL SECOND PARTY THAT EACH rEcT CTTVEPARTY DESIRES .L-. C� .I N .iP"s'
OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY.
FIRST PARTY AND SECOND PARTY HEREIN ESTABLISH THE? OPENING DATE OF F,SCRJW TO
MARCH 31, 1909.
FIRST PARTY AND SECOND PAR E ESTABLISH TILL. CLOSE ESCROW � ON OR SEFOR PARTY HEREIN F� A - ��. OF E CR W T�. BE _ _-.
APRIL 28, 1989. THIS PARAGRAPH ESTABLISHES THE CLOSING DATE AS SET FORTH IN PAPAIRAPY ONF;
OF EXHIBIT "C" ATTACHED TO "AGREEMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN THE CITY 0-
-HUNTINGTON BEACH AND PACIFIC COAST HOMES" DATED MARCH 20, 1989.
FOR FURTHER TERMS, CONDITIONS AND PROVISIONS, REFER TO PAGE 2, GENERAL PROVISIONF A!'TACH7D
HERETO AS EXHIBIT "J", AND "AGPJ,,EMENT FOR EXCHANGE OF REAL PROPERTY BETWEEN TILL' CITY K,
HUNTINGTON BEACH AND PACIFIC COAST HOMES" DATED MARCH 20, 1989, ATTACHED HERETO A
EXHIBIT "I". In the event of any conflict between the terms, conditions and provisions of
this agreement and those contained in said exchange agreement, the latter shall control.
Prpra,e and,'./of adjust the following as of: d! of close of escrow
1. Taxes covering Schedule "A" and "B" property based on the amount of the last tax statement of the Tax Collector issued prior to the
close of escrow. (If the amount of the new tax bill issued by the Tax Collector'after close of escrow is more or less than the amount used for
proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.)
2. Fire insurance covering Schedule "A" and *'B" property (including FHA mortgage insurance, if any). not applicable
3. Interest on all encumbrances covering Schedule "A" and "B" property, except on any improvement assessments or bonds. N/A
4. Rentals covering Schedule "A" and "B" property per rent statement handed you. N/A
5. Charge and credit the parties as applicable the amount of funds held in an impound account covering Schedule "A" and "B" property,
if any, in connection with an existing loan. Not applicable
You are authorized and empowered to deliver or record the documents and disburse the money when all the terms of this agreement have
been complied with and each of the parties hereto agrees to deposit in escrow with your company ON OR BEFORE APRIL 28, 1989
the necessary Deeds and other papers, together with any and all money required by the terms
herein, including commission to agents, to be delivered and paid upon compliance with the terms herein contained.
You shall not permit the withdrawal of any papers, commission or any money deposited with it without the written consent of all parties
hereto.
Each party agrees to pay his respective escrow fee, documentary transfer tax in connection with his respective deed, and charges of First
American Title Insurance Company, together with such sums as may be advanced by it and your company shall not be required to deliver or
record any papers or disburse any moneys until all such escrow and title charges and advances, if any, have been paid and if either party fails
or refuses to carry out his part of this agreement, such party promises and agrees to pay all escrow and title charges and advances and all com-
missions herein agreed to be paid.
Any money required to be paid either party hereto by the other, or any papers required to be delivered by one party to the other, shall
be deemed property tendered when deposited with your company.
All disbursements shall be made by check. All funds received in this escrow shall be deposited in one or more of your general escrow ac-
counts with any bank doing business in the State of California and may be transferred to any of your other general escrow account or accounts.
The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made
on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy
of title insurance called for, is hereby authorized. Execute on behalf of the parties hereto, form assignments of interest in any insurance policies
(other than title insurance) called for herein and forward them upon close of escrow to the agent with the request, first, that insurer consent
to such transfer or attach loss -payable clause or make such other additions or corrections as may have been specifically required herein, and
second, that the agent thereafter forward such policies to the parties entitled to them. In all acts in this escrow relating to fire insurance, includ-
ing adjustments, if any, you shall be fully protected in assuming that each such policy is in force and that the necessary premium therefor
has been paid.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other document deposited in this ex-
change escrow to the lender or lenders and/or the real estate broker or brokers involved in this transaction upon request of such lenders or
brokers.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or
the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue
any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or de-
fend any action or proceedings, for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages,
judgments and expenses, including reasonable attorneys fees, suffered or incurred by you in connection with, or arising out of this escrow, in-
cluding, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader,
you :;hall ipso facto be fully discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, each party instructs you to deduct therefrom a reasonable monthly charge as
custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional
time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto
upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing.
First party agrees to pay NONE
$ License No.
Second party agrees to pay NONE
$ License No.
as commission for procuring this exchange.
as commission for procuring this exchange.
It is agreed that in this agreement, the masculine gender includes the feminine and neuter and the singular number shall include the plural
whr!n the context so requires.
First Party
P
,;Y j'" ,s�i to . Se rotary - Treasurer
Address 21 0 Main St., Suite 260
Huntington Beach, CA. 92648
Pfo:,No Attn: J. W. Johnson
ATTE
AGENCY CLERK
REVITWFQ
_A APPRO
I r
r�
CITY ADMI ISTRATOR
Second Party
CITY OF HU INGTON BEAC
BY: _
BY:
Address 2000 Main Street
Huntington Beach, CA 92648
Phone No.
APPRO �DA TO FORM:
QITY ATTORNEY
TIA7UED AND
DEX)Y CITY ADMINISTRATOR/
DI TOR OF ECONOMIC DEVELOPMENT
OR-1508041
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 2:
THAT PORTION OF LOT 2 IN BLOCK 1902 AND SEVENTEENTH STREET, ALL OF
TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF UTICA STREET,
60.00 FEET IN WIDTH, AS SHOWN ON SAID MAP, AND THE CENTERLINE OF SAID
SEVENTEENTH STREET, 70.00 FEET IN WIDTH; THENCE NORTH 41 DEG. 19, 00"
EAST 181.86 FEET ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO A
LINE PARALLEL WITH AND 840.00 FEET WESTERLY OF THE CENTERLINE OF LAKE
AVENUE 90.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 136.59 FEET
ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID UTICA STREET;
THENCE WEST 120.07 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 14 IN BLOCK 1901, SEVENTEENTH STREET AND PINE,51tveet
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET IN WIDTH AND A LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF UTICA STREET, 60.00 FEET IN WIDTH AS
SHOWN ON SAID MAP; THENCE. NORTH 41 DEG. 19' 00" EAST 208.114;�36
ALONG SAID CENTERLINE OF SAID SEVENTEENTH STREET; THENCE SOUTH
FEET PARALLEL WITH THE CENTERLINE OF LAKE AVENUE, 90.00 FEET IN WIDTH
AS SHOWN ON SAID MAP, TO THAT LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF SAID UTICA STREET; THENCE WEST 137.45
FEET TO THE POINT OF BEGINNING.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS
REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE
INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT
ANY TIME.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE ,� ��
i
OR-1508040
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 1, 3 AND 5 IN BLOCK 1903 AND SEVENTEENTH STREET,
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET WIDE AND A LINE PARALLEL WITH AND 840.00 FEET
WESTERLY OF THE CENTERLINE OF LAKE AVENUE 90.00 FEET IN WIDTH, AS
SHOWN ON SAID MAP; THENCE NORTH 191.41 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 45 DEG. 00' 00" EAST 24.04 FEET TO A LINE PARALLEL WITH
AND 375.00 FEET NORTHERLY OF THE CENTERLINE OF UTICA STREET; THENCE
EAST 166.20 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 41 DEG. 19' 00" WEST 277.48 FEET
ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO THE POINT OF
BEGINNING'.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS
REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE
INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT
A -NY TIME.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
NOTE: THE ASSESSOR'S PARCEL NUMBERS) FOR THE ABOVE MENTIONED LEGAL
DESCRIPTION IS/ARE 023-033-02, COVERING THE HEREIN DESCRIBED AND
OTHER LAND.
PAGE -1lzi
` • EXHIBIT "I" is
I
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
BETWEEN THE CITY OF HUNTINGTON BEACH
AND PACIFIC COAST HOMES
This Agreement is entered into this day of March, 1989,
by and between the CITY OF HUNTINGTON BEACH, California, a municipal
corporation (hereinafter called "CITY"), and PACIFIC COAST HOMES
(hereinafter called "PCH") for the exchange of certain real property
between CITY and PCH.
WHEREAS, PCH and CITY are the owners, in fee, of certain real
property located in the City of Huntington Beach, California more
fully described in Exhibits "A" and "B" attached hereto and
incorporated herein by this reference; and,
PCH and CITY desire to exchange said property.
NOW, THEREFORE, the parties agree as follows:
1. EXCHANGE AND OPTION.
1.1 PCH Property. In exchange for the property set
forth in Paragraph 1.2, below, PCH agrees to convey to CITY, on the
terms and conditions hereinafter set forth, that certain real
property (the "PCH Property") as described in Exhibit "A".
1.2 CITY Property. In exchange for the property set
forth in Paragraph 1.1, above, CITY agrees to convey to PCH, on the
terms and conditions hereinafter set forth, that certain real
property (the "CITY Property") as described in Exhibit "B".
1.3 Intent. It is the intention of the parties that
these mutual conveyances shall qualify as an "exchange" within the
meaning of Section 1031 of the Internal Revenue Code of 1954.
Nevertheless, neither party makes any warranties or representations,
express or implied, as to whether these mutual conveyances shall 1.
1u.al.ify as an "exchange" within the meaning of Section. 1031 of the
Internal Revenue Code of 1954, and each party agrees to release and
hold harmless the other party from and against any damages or
claims, whether directly or indirectly in connection therewith.
Each party hereby specifically waives the provisions of Section 1542
of the California Civil Code ("Section 1542") and any similar law of
any other state, territory or jurisdiction. Section 1542 provides:
A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by
him must have materially affected his settlement with
the debtor.
1.4 Exchange Value. These conveyances shall be for
and in consideration of each other and on the terms and conditions
set forth herein. The PCH Property and CITY Property (collectively
"Subject Properties") are of equal value and there is no additional
consideration due either party hereunder.
2. ESCROW. Each party agrees to execute the escrow
instructions and do all things necessary to complete said escrow a
copy of which is attached hereto as Exhibit "C" and incorporated
herein by this reference.
3. CONDITIONS OF CLOSING. The close of escrow is
conditioned upon:
a. Conveyance to each party of good and marketable
title subject to the approval of the Attorneys representing such
parties herein.
b. Delivery of California Land Title Association
(CTLA) title insurance policy in the amount of the full appraisal
price subject only to such liens, encumbrances, clouds or conditions
-2-
•
•
as may be approved in writing by the parties' Attorneys.
C. Delivery of possession of said property to each
party or its nominee, immediately on close of escrow, free and clear
of all uses and occupancies except as such acquiring party may agree
to accept in writing.
4. FAILURE OF CONDITIONS. Should any of the conditions
specified in Paragraph 3 of this Agreement fail to occur within a
reasonable time after the date hereof, each party shall have the
power, to give written notice to the escrow holder and to cancel
such escrow, terminate this Agreement and recover any consideration
paid to escrow holder on account of this contract. The escrow
holder shall be, and is hereby, irrevocably instructed by both
parties on any such failure of conditions and receipt of such notice
from such parties to immediately refund to the parties all monies
and instruments deposited by them in escrow pursuant to this
Agreement.
5. PRORATIONS. Escrow Holder shall prorate all interest
on assessments, and all real property and mineral taxes which are a
lien upon either property or based on the most recent official
information available from the appropriate City or County Office.
All prorations shall be made to the date of Close of Escrow based on
a thirty (30) day month.:
6. BONDS AND ASSESSMENTS. Any bonds or improvement
assessments which are a lien on said property shall, be paid by the
transferors herein, at close of escrow.
7. BROKERS. The parties each represent to the other that
they know of no claim or broker's or finder's fees or other
commissions in connection with this transaction. In the event any
-3-
•
broker or finder asserts a claim for a commission or finder's fee,
the party through whom the broker or finder makes his claim shall
indemnify the other party for any and all costs and expense
(including attorneys fees) incurred by the other party in defending
against the same.
8. EXPENSES OF ESCROW. All expenses of the escrow herein
shall be paid by both parties in equal shares.
9. OWNER'S REPRESENTATIONS, COVENANTS AND WARRANTIES. As an
express condition precedent to the Close of Escrow for each parties
benefit, and in addition to any other representations, covenants and
warranties contained in this Agreement, both parties makes the
following representations and warranties, each of which is true in
all respects as of the date of this Agreement, and shall be true in
all respects as of the closing date (as defined in the Escrow
Instructions):
a. Authority to Sign. This Agreement and all the
documents executed by the parties that are to be delivered at
closing are, and at the closing will be, duly authorized, executed
and delivered to each party; are, and at the closing will be, to the
best of each parties knowledge, violate any provisions of any
agreement to which such party is a party or to which he is subject,
including without limitations, any prior options, purchase
agreements and/or escrow instructions.
b. Existing Contracts. At the closing, there will be
no outstanding contracts made by either party for any improvements
to the property that have not been fully paid, and each party shall
cause to be discharged (in such a manner that the Title Company will
•
•
Policy), all mechanics' or materialmen's liens arising from any
1!�Dor or materials furnished to the property prior to the closing.
C. Title. Each party has, and will convey to the
other, good and marketable fee simple title to the property free and
clear of all liens, encumbrances, claims, rights, demands,
easements, leases, licenses, agreements, covenants, conditions, and
restrictions of any kind or character (including, without limiting
the generality of the foregoing, liens or claims for taxes,
mortgages, conditional sales contracts or other title retention
agreements, deed of trust, security agreements and pledges) except
for those exceptions to title approved in writing by the parties'
attorneys shown in the Preliminary Title Report attached hereto as
Exhibit "D" and "E"-: respectively dated / 30- 8U
and /-3 0-95 , which shall be replaced by title insurance
during escrow hereof. Neither party shall encumber, modify or
diminish title to all, or any portion of or interest in, the
property without the other party's written consent.
d. Litigation. Neither party is involved in, nor does
any party have knowledge of, any claim, proceeding or threatened
litigation, administrative or governmental proceeding or
investigation, relating to or otherwise affecting the property or
the ability of such party to deliver good and marketable fee simple
title to the property to the other.
e. Tenants. There are no tenants on the property
except those approved in writing by the other party.
10. DISCLAIMER. Neither party makes any representations or
warranty whatsoever, express or implied, to the other party as to
the physical condition of its real property or in connection with any
-5-
•
•
matter relating to the condition, value, fitness,use or zoning
thereof upon which the other party has relied directly or
indirectly. Each party has entered into this Agreement on the sole
basis and with the intent of conducting its own independent
investigation and examination of the physical condition of the
property it intends to acquire pursuant to this Agreement, including
the subsurface thereof. It is understood by CITY that portions of
the PCH's property may have been previously used as and for a
petroleum storage area. Each party is acquiring the property in an
"AS IS" condition, including all conditions associated with or
related to such prior use, whether patent or latent, and without
regard to reasonable inspections.
11. TIME OF THE ESSENCE. Time is of the essence with
regard to this Agreement, these instructions, and any amendments
hereto.
12. GOVERNING LAW. This Agreement shall be governed by and
construed in accordance with the local law of the State of
California, without regard to the principles of conflicts of law.
13. CONFLICT OF INTEREST. Conflicts of interest relating
to this Agreement are strictly prohibited. Except as otherwise
expressly provided herein, CITY shall not vie to or receive from any
director, employee or agent of PCH any gift, entertainment or other
favor of significant value, or any commission, fee or rebate.
Likewise, CITY shall not enter into any business relationship with
any director, employee or agent of PCH (or of any affiliate of PCH),
unless such person is acting for and on behalf of PCH, without prior
written notification thereof to PCH.
SELLER:
PACIFIC COAST HOMES
2120 Main Street, Suite 260
Huntington Beach, CA 92648
Attn: J.W. Johnson
BUYER:
THE CITY OF HUNTINGTON BEACH,
2000 Main Street
Huntington Beach, CA
92648
PAGE END
-7-
14. ATTORNEY'S FEES.
In the event of any conl:roversy,
claim or dispute arising out of or relating to this Agreement or the
escrow or any breach of either, the prevailing party shall be
entitled to attorney's fees.
15. NOTICES. Any and all notices or other communications
required or permitted by this Contract or by law to be served on the
other party hereto, or by the escrow holder shall be in writing and
shall be deemed duly served and given when personally delivered to
any of the parties, to whom it is directed, or in lieu of such
personal service when deposited in the United States mail,
first-class postage prepaid, addressed to the parties at the address
shown below. IN WITNESS WHEREOF,
T
this Agreement this,/S day of
hereinabove.
SELLER:
PACIFIC COAST HOMES
a California_gorporation
:,�+�zon, Vice President
I/ i
41
pez, _A! s Secretary
ATTEST:
Agency Clerk
REVIEWEDD AND APPROVED:
City Administrator
the parties hereto have executed
✓���icL 1989, set forth
BUYER:
The CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State o California
Mayor
APPROVED AS TO FORM:
City Attorney
v
ITIATED AND APPROVED:
Deputy City Administrator/
Director of ECONOMIC
Development
I?A� Trcfv�(
DESCRIPTION
OR-1508041
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 2:
THAT PORTION OF LOT 2 IN BLOCK 1902 AND SEVENTEENTH STREET, ALL OF
TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF UTICA STREET,
60.00 FEET IN WIDTH, AS SHOWN ON SAID MAP, AND THE CENTERLINE OF SAID
SEVENTEENTH STREET, 70.00 FEET IN WIDTH; THENCE NORTH 41 DEG. 19' 001,
EAST 181.86 FEET ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO A
LINE PARALLEL WITH AND 840.00 FEET WESTERLY OF THE CENTERLINE OF LAKE
AVENUE 90.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 136.59 FEET
ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID UTICA STREET;
THENCE WEST 120.07 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 14 IN BLOCK 1901, SEVENTEENTH STREET AND PINE,5Ftvte
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET IN WIDTH AND A LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF UTICA STREET, 60.00 FEET IN WIDTH AS
SHOWN ON SAID MAP; THENCE NORTH 41 DEG. 19' 00" EAST 208.18
ALONG SAID CENTERLINE OF SAID SEVENTEENTH STREET; THENCE SOUTH FE 36
FEET PARALLEL WITH THE CENTERLINE OF LAKE AVENUE, 90.00 FEET IN WIDTH
AS SHOWN ON SAID MAP, TO THAT LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF SAID UTICA STREET; THENCE WEST 137.45
FEET TO THE POINT OF BEGINNING.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS
REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE
INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT
ANY TIME.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE A t \
OR-1508040
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 1, 3 AND 5 IN BLOCK 1903 AND SEVENTEENTH STREET,
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET WIDE AND A LINE PARALLEL WITH AND 840.00 FEET
WESTERLY OF THE CENTERLINE OF LAKE AVENUE 90.00 FEET IN WIDTH, AS
SHOWN ON SAID MAP; THENCE NORTH 191.41 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 45 DEG. 00' 00".EAST 24.04 FEET TO A LINE PARALLEL WITH
AND 375.00 FEET NORTHERLY OF THE CENTERLINE OF UTICA STREET; THENCE
EAST 166.20 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 41 DEG. 19' 00" WEST 277.48 FEET
ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO THE POINT OF
BEGINNING'.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS
REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE
INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT
ANY TIME.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
NOTE: THE ASSESSOR'S PARCEL NU-11BER(S) FOR THE ABOVE MENTIONED LEGAL
DESCRIPTION IS/ARE 023-033-02, COVERING THE HEREIN DESCRIBED AND
OTHER LAND.
PAGE -4 lei
EXHIBIT "C'"
ESCROW INSTRUCTIONS
1. Close of Escrow. Close of Escrow pursuant to, and in accordance with that
certain contract entitled "AGREEMENT FOR EXCHANGE OF REAL PROPERTY
BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES" (the
Agreement"), shall be the date upon which the Grant Deed conveying title to the
Subject Properties are recorded in the Official Records of the County of Orange.
This Escrow shall close on or before or within five (5) days following the Review
Period, whichever comes first. If Escrow is not in a condition to close by such date, as
the same may have been extended, any party which is not then in default may, in
writing, demand the return of its documents; but, if both parties are in default, no
demand for return thereof shall be recognized until five (5) days after Escrow
Holder shall have mailed copies of such demand to the other party. If no such
demand is made, Escrow Holder shall close the Escrow as soon as possible.
2. Required Conditions of Closing. Escrow Holder is hereby authorized to
record the documents and disburse the funds and documents called for, provided
each of the following conditions has then been fulfilled:
(a) Escrow Holder can issue a CLTA Owner's Policy of Title Insurance, at
CITY's option, showing title to the PCH Property vested in CITY, subject only to:
(1) Real Property Taxes not then delinquent;
(ii) All conditions and exceptions and other matters affecting title
as shown in the preliminary title report to be delivered to CITY pursuant to the
Agreement, except for such exceptions and other matters which CITY shall have
disapproved (which disapproval CITY shall not have subsequently waived in writing
by agreeing to accept the PCH Property subject to such matters), but including those
conditions and exceptions affecting title which CITY elects to accept pursuant to
Paragraph 9.c. of the Agreement; and
(iii) Covenants, restrictions, reservations and other matters set
forth in the Grant Deed to be recorded in the form attached to the Agreement as
Exhibit "F" which is incorporated by this reference.
(b) Escrow Holder can issue a CLTA Owner's Policy of Title Insurance, at
PCH's option, showing title to the CITY Property vested in PCH, subject only to:
(1) Real Property Taxes not then delinquent;
1
(ii) All conditions and exceptions and other matters affecting title
as shown in the preliminary title report to be delivered to PCH pursuant to this
Agreement, except for such exceptions and other matters which PCH shall have
disapproved (which disapproval PCH shall not have subsequently waived in writing
by agreeing to accept the CITY Property subject to such matters), but including
those conditions and exceptions affecting title which PCH elects to accept pursuant
to Paragraph 9.c. of the Agreement; and
(iii) Covenants, restrictions, reservations and other matters set
forth in the Grant Deed to be recorded in the form attached to the Agreement as
Exhibit "F"
(c) CITY and PCH shall have deposited into Escrow the funds and
documents referred to or described in the Agreement or this' Exhibit "C".
Escrow Holder is authorized to record any instrument delivered through the
Escrow if necessary or proper for issuance of the policy of title insurance referred to
in this Paragraph 2.
3. Pro -rations. Escrow Holder shall prorate all interest on assessments, and all
real property and mineral taxes which are a lien upon either the CITY Property or
the PCH Property based on the most recent official information available from the
appropriate City or County Office. All prorations shall be made to the date of Close
of Escrow based on a thirty (30) day month.
4. Escrow Charges. All expenses of the escrow shall be paid by both parties in
equal shares.
5. General Escrow Provisions. Upon their review and approval thereof, and so
long as not inconsistent with anything contained in the Agreement or this Exhibit
"C", CITY and PCH agree to incorporate into the Agreement the General Escrow
Provisions normally used by Escrow Holder. If required by Escrow Holder, the parties
agree to execute reasonable supplementary instructions to Escrow Holder,
consistent with the Agreement and this Exhibit "C".
6. Accounting. Upon Close of Escrow, the Escrow Holder is directed to send an
accounting of this transaction to Huntington Beach Company at 2120 Main Street,
Suite 260, Huntington Beach, California 92648, Attn: J.W. Johnson, and at P.O. Box
7256, San Francisco, California, 94120-7256, Attn: Accounting.
2
7. Reporting to Internal Revenue Service. Any returns, stat Inents or reports
required to be filed under Section 6045(e) of the Internal Revenge Code of 1986 (or
any similar reports required by State or local law) relating to this transaction shall be
filed by Escrow Holder. In no event shall this Agreement bO construed so as to
require that such returns, reports or statements be filed by CITY, CITY's counsel, PCH
or PCH's counsel. Within five (5) days of the date Escrow Holder shall receive a
written request from PCH and/or CITY to do so, Escrow Holder shall provide
evidence to PCH and/or CITY of its compliance with the provisions of this Paragraph
7.
8. REVIEW PERIOD Each party shall have from the Opening of Escrow until
twenty (20) days thereafter (the "Review Period") to examine and investigate all
aspects of the property to be acquired hereunder, including without limitation,
grading, soil composition and condition, leases, subleases, easements, rights of way,
building and other restrictions, governmental conditions, zoning, traffic and title
matters. At anytime prior to the expiration of the Review Period, either party shall
have the right to terminate this Agreement for any reasonable cause by giving ten
(10) days written notice to Escrow Holder and the other party. In the event of such
termination, all escrow charges shall be in accordance with Paragraph 5, above, and
all documents delivered into Escrow shall be returned to the depositing party.
3
EXHIBIT "D"
OR-1508041
FIRST AMERICAN TITLE INSURANCE COMPANY
114 EAST FIFTH STREET, (P.O. BOX 267)
SANTA ANA, CALIFORNIA 92702
(7 14 ) 558-3211
PACIFIC COAST HOMES
-2120 MAIN STREET, SUITE 260
HUNTINGTON BEACH, CALIFORNIA
ATTN: WILLIAM HOLMAN
YOUR NO. (LAND EXCHANGE PARCELS 2 AND 3)
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SH^WN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE
POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY
OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF JAB
ROGER REIMER
30, 1989 AT 7:30 A.M.
relyart3m
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY WITH REGIONAL
EXCEPTIONS (STANDARD COVERAGE).
PAGE 1
OR-1508041
TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PACIFIC COAST HOMES, A CALIFORNIA CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS:
1. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES, COVERING THE
HEREIN DESCRIBED AND OTHER LAND, FOR THE FISCAL YEAR 1988-1989,
AMOUNT $793.42; CODE AREA 04-032, A. P. NOS. 02:-031-04 AND
023-040-08.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
3. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC USE,
ALL PUBLIC HIGHWAYS, PARKS, COURTS, COMMONS, AND OTHER GROUND SHOWN
ON THE MAP OF SAID TRACT INTENDED FOR PUBLIC USE, EXCEPT THE RIGHTS
TO THE USE OF SAID STREETS, AVENUES AND ALLEYS FOR WATER PIPES AND
CONDUITS, RAILROADS, TELEPHONE POLES, WIRES AND CONDUITS, AND
INCIDENTAL PURPOSES, AS INDORSED ON THE MAP OF TRACT NO. 12.
4. THE PRIVATE RIGHT OF ALL OWNERS OF LOTS AND BLOCKS IN TRACT NO.
12 TO USE THE STREETS AND AVENUES FOR INGRESS AND EGRESS.
5. THE RIGHT TO USE ALL STREETS, ALLEYS AND AVENUES DEDICATED TO
PUBLIC USE WITHIN TRACT NO. 12, FOR WATER MAINS, PIPE LINES AND
INCIDENTAL PURPOSES, AS CONVEYED TO HUNTINGTON BEACH WATER COMPANY, A
CORPORATION, BY INSTRUMENT RECORDED JANUARY 30, 1923 IN BOOK 451,
PAGE 325 OF DEEDS.
6. AN UNRECORDED LICENSE, DATED OCTOBER 10, 1922, EXECUTED BY THE
CITY OF HUNTINGTON BEACH, GRANTING TO AMALGAMATED OIL COMPANY THE
RIGHT TO CONSTRUCT PIPE LINES OVER SEVENTEENTH STREET, UPON THE
TERMS AND PROVISIONS THEREIN CONTAINED, ENTITLED "PERMIT TO USE
STREET", AS DISCLOSED BY AN ASSIGNMENT RECORDED JULY 9, 1924 IN BOOK
533, PAGE 1 OF DEEDS, FROM SAID AMALGAMATED OIL COMPANY TO ASSOCIATED
OIL COMPANY.
PAGE 2
OR-1508041
7. A RIGHT OF WAY FOR PIPE LINES AND INCIDENTAL PURPOSES, AS
CONVEYED TO STANDARD OIL COMPANY, A CORPORATION, BY INSTRUMENT
RECORDED JANUARY 19, 1926 IN BOOK 627, PAGE 151 OF DEEDS, OVER BLOCK
1900 AND PORTIONS OF LOTS 11, 12 AND 14 IN BLOCK 1901 OF TRACT NO.
12.
B. ANY RESTRICTIONS COVERING THE FUTURE OF SAID LAND, AS DISCLOSED
rY A "STATEMENT FOR A REDEVELOPMENT PROJECT" RECORDED OCTOBER 5, 1982
AS INSTRUMENT NO. 82-350908 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
9. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF
UNRECORDED LEASES, IF ANY. KINDLY FORWARD SAID LEASES FOR OUR
EXAMINATION.
PAGE 3
OR-1508041
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 2:
THAT PORTION OF LOT 2 IN BLOCK 1902 AND SEVENTEENTH STREET, ALL OF
TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF UTICA STREET,
60.00 FEET IN WIDTH, AS SHOWN ON SAID MAP, AND THE CENTERLINE OF SAID
SEVENTEENTH STREET, 70.00 FEET IN WIDTH; THENCE NORTH 41 DEG. 19, 00"
EAST 181.86 FEET ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO A
LINE PARALLEL WITH AND 840.00 FEET WESTERLY OF THE CENTERLINE OF LAKE
AVENUE 90.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 136.59 FEET
ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID UTICA STREET;
THENCE WEST 120.07 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 14 IN BLOCK 1901, SEVENTEENTH STREET AND PINE
STREET, ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9,
PAGE 13 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF.
SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SEVENTEENTH
STREET, 70.00 FEET IN WIDTH AND A LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF UTICA STREET, 60.00 FEET IN WIDTH AS
SHOWN ON SAID MAP; THENCE NORTH 41 DEG. 19' 00" EAST 208.18 FEET
ALONG SAID CENTERLINE OF SAID SEVENTEENTH STREET; THENCE SOUTH 156.36
FEET PARALLEL WITH THE CENTERLINE OF LAKE AVENUE, 90.00 FEET IN WIDTH
AS SHOWN ON SAID MAP, TO THAT LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF SAID UTICA STREET; THENCE WEST 137.45
FEET TO THE POINT OF BEGINNING.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE 4
c
EXHIBIT "E"
OR-1508040
FIRST AMERICAN TITLE INSURANCE COMPANY
114 EAST FIFTH STREET, (P.O. BOX 267)
SANTA ANA, CALIFORNIA 92702
(714) 558-3211
PACIFIC COAST HOMES
2120 MAIN STREET, SUITE 260
HUNTINGTON BEACH, CALIFORNIA
ATTN: WILLIAM HOLMAN
YOUR NO. (LAND EXCHANGE PARCEL 1)
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT -TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF THE POLICY FORTIS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE
POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY
OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATEDIAS/OF JANUARY 30, 1989 AT 7:30 A.M.
ROGER C. REIMER - TIT
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY WITH REGIONAL
EXCEPTIONS (STANDARD COVERAGE).
PAGE 1
OR-1508040
TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON-
PROFIT PUBLIC BENEFIT CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS:
1. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH S`CTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
2. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC USE,
ALL PUBLIC HIGHWAYS, PARKS, COURTS, COMMONS, AND OTHER GROUND SHOWN
ON THE MAP OF SAID TRACT INTENDED FOR PUBLIC USE, EXCEPT THE RIGHTS
TO THE USE OF SAID STREETS, AVENUES AND ALLEYS FOR WATER PIPES AND
CONDUITS, RAILROADS, TELEPHONE POLES, WIRES AND CONDUITS, AND
INCIDENTAL PURPOSES, AS INDORSED ON THE MAP OF TRACT NO. 12.
3. THE PRIVATE RIGHT OF ALL OWNERS OF LOTS AND BLOCKS IN TRACT NO.
12 TO USE THE STREETS AND AVENUES FOR INGRESS AND EGRESS.
4. THE RIGHT TO USE ALL STREETS, ALLEYS AND AVENUES DEDICATED TO
PUBLIC USE WITHIN TRACT NO. 12, FOR WATER MAINS, PIPE LINES AND
INCIDENTAL PURPOSES, AS CONVEYED TO HUNTINGTON BEACH WATER COMPANY, A
CORPORATION, BY INSTRUMENT RECORDED JANUARY 30, 1923 IN BOOK 451,
PAGE 325 OF DEEDS.
5. AN UNRECORDED LICENSE, DATED OCTOBER 10, 1922, EXECUTED BY THE
CITY OF HUNTINGTON BEACH, GRANTING TO AMALGAMATED OIL COMPANY THE
RIGHT TO CONSTRUCT PIPE LINES OVER SEVENTEENTH STREET, UPON THE
TERMS AND PROVISIONS THEREIN CONTAINED, ENTITLED "PERMIT TO USE
STREET", AS DISCLOSED BY AN ASSIGNMENT RECORDED JULY 9, 1924 IN BOOK
533, PAGE 1 OF DEEDS, FROM SAID AMALGAMATED OIL COMPANY TO ASSOCIATED
OIL COMPANY.
6. A LEASE AND SUBLEASE, DATED JANUARY 15, 1972, BY AND BETWEEN THE
CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, AS OWNER, LESSOR
AND SUBLESSEE, AND HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION, AS
LESSEE, SUBLESSOR, FOR THE TERM, AND UNDER THE TERMS, CONDITIONS,
PAGE 2
Y
OR-1508040
PROVISIONS AND COVENANTS THEREIN PROVIDED, RECORDED FEBRUARY 11, 1972
IN BOOK 9998, PAGE 745 OF OFFICIAL RECORDS.
AN INDENTURE OF MORTGAGE AND DEED OF TRUST, DATED JANUARY 15, 1972,
EXECUTED BY HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION, AS
LESSEE, SUBLESSOR, TO BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION, AS TRUSTEE, TO SECURE AN INDEBTEDNESS OF $11,100,000.00,
EVIDENCED BY SERIES OF MUNICIPAL BONDS, THE INITIAL OFFERING OF WHICH
ARE OF EVEN DATE; THE FUNDS REALIZED FROM THE SALE OF SUCH BONDS TO
BE USED FOR THE CONSTRUCTION OF A CITY HALL, POLICE BUILDING, AND
RELATED FACILITIES TO EACH SUCH BUILDING, RECORDED FEBRUARY 11, 1972
IN BOOK 9998, PAGE 756 OF OFFICIAL RECORDS.
7. ANY RESTRICTIONS COVERING THE FUTURE OF SAID LAND, AS DISCLOSED
BY A "STATEMENT FOR A REDEVELOPMENT PROJECT" RECORDED OCTOBER 5, 1982
AS INSTRUMENT NO. 82-350908 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
8. AN UNRECORDED LEASE, DATED JULY 15, 1986, EXECUTED BY CITY OF
HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION, A NCNPROFIT
CORPORATION, AS LESSOR, AND CITY OF HUNTINGTON BEACH, A CHARTER CITY
AND MUNICIPAL CORPORATION, AS LESSEE, FOR THE TERM, AND UPON THE
TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, AS DISCLOSED BY
MEMORANDUM OF LEASE RECORDED AUGUST 13, 1986 AS INSTRUMENT NO.
86-359343 OF OFFICIAL RECORDS.
NOTE 1: AFFECTS ALL OF BLOCK 1903 OF TRACT NO. 12.
NOTE 2: VARIOUS INSTRUMENTS MAY APPEAR OF RECORD AFFECTING OR
PURPORTING TO AFFECT THE INTEREST OF THE LESSORS AND LESSEES UNDER
SAID LEASE, BUT THIS REPORT DOES NOT COVER AN EXAMINATION OF OR
INSURANCE AS TO THE EFFECT THEREOF, OR THE PRESENT OWNERSHIP OR
CONDITIONS OF SAID LEASEHOLD.
9. AN ASSIGNMENT AGREEMENT, EXECUTED BY CITY OF HUNTINGTON BEACH
CIVIC IMPROVEMENT CORPORATION, A NONPROFIT CORPORATION, AND SECURITY
PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, RECORDED
AUGUST 13, 1986 AS INSTRUMENT NO. 86-359344 OF OFFICIAL RECORDS.
NOTE: AFFECTS ALL OF BLOCK 1903 OF TRACT NO. 12.
10. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF
UNRECORDED LEASES, IF ANY. KINDLY FORWARD SAID LEASES FOR OUR
EXAMINATION.
PAGE 3
OR-1508040
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 1, 3 AND 5 IN BLOCK 1903 AND SEVENTEENTH STREET,
ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET WIDE AND A LINE PARALLEL WITH AND 840.00 FEET
WESTERLY OF THE CENTERLINE OF LAKE AVENUE 90.00 FEET IN WIDTH, AS
SHOWN ON SAID MAP; THENCE NORTH 191.41 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 45 DEG. 00' 00" EAST 24.04 FEET TO A LINE PARALLEL WITH
AND 375.00 FEET NORTHERLY OF THE CENTERLINE OF UTICA STREET; THENCE
EAST 166.20 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 41 DEG. 19' 00" WEST 277.48 FEET
ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO THE POINT OF BEGIN-
NING.
LA
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE 4
L_J
•
Recording Requested by and
when Recorded Mail to:
with a conformed copy to:
Mail Statements to:
EXHIBIT "F"
Documentary Transfer Tax $
Computed on full value of
property conveyed.
GRANT DEED
For a valuable consideration, receipt of which is hereby acknowledged,
("Grantor") hereby grants to ("Grantee"), the real
property in the County of Orange, State of California, described as follows and
hereafter referred to as the "Property" :
Containing Acres, more or less,
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to_ use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
•
A
•
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
In witness whereof, Grantor has executed this instrument this day of
,19
S
Agreed and accepted this day of
GRANTEE:
(Acknowledgement)
2
,19
EXHIBIT "J" ' - PAGE 1 of 4
lf:+ N • "•1 a •�
1. Deposit of Funds & Disbursements
You shall deposit all funds received in this escrow in
any bank insured by an agency of the United States Government,
including your affiliated bank, First American Trust Canpany, in
one or more of your general escrow demand accounts. These funds
may be transferred to any other general escrow demand account or
accounts, in the above named bank or banks, including those
maintained in your affiliated bank. All disbursements shall be
made by your check. You are authorized not to close escrow or
disburse until good funds have been confirmed in escrow.
2. Proration and Adjustments
The expression "close of escrow" used in this escrow
means the date of which instruments referred to herein are
recorded and relates only to prorations and/or adjustments unless
otherwise specified.
All prorations and/or adjustments are to be made on the
basis of a 30-day month unless otherwise instructed in writing.
3. Recordation of Instruments
You are authorized to record any documents delivered
through this escrow, the recording of which is necessary or
proper in the issuance of the requested policy of title
insurance.
4. Authorization to Execute Assignment of Insurance Policies
You are authorized to execute on behalf of the parties
hereto form assigme-nts of interest in any insurance policies
(other than title insurance) called for in this escrow; forward
assignments and policies upon close of escrow to the agent with
the request, first, that insurer consent to such transfer and/or
attach a loss -payable clause and/or make such other additions or
corrections as may have been specifically required herein, and
second, that the agent thereafter forward such policies to the
parties entitled to them.
In all acts in this escrow relating to insurance,
including adjustments, if any, you shall be fully protected in
assuming that each policy is in force and that the necessary
premium therefor has been paid.
5. - Authorization to Furnish Copies
You are to furnish a copy of these instruction,
amendments thereto, closing statement and/or arty other documents
deposited in this escrow to the lender or lenders, the real
estate broker or brokers and/or the attorney or attorneys
involved in this transaction upon request of the lenders, brokers
or attorneys.
6. Personal Property Taxes
No examination or insurance as to the amount or payment
of personal property taxes is required unless specifically
requested.
7. Right of Cancellation
Any party instructing you to cancel this escrow shall
file notice of cancellation in your office, in writing. You shall
within a reasonable time thereafter mail, by certified mail., one
copy of the notice to each of the other parties at the addresses
stated in this escrow. Unless written objection to cancellation
is filed in your office by a pasty within ten (10) days after
date of mailing, you are authorized at your option to comply with
the notice and demand payment of your cancellation charges as
provided in this agreement. If written objection is filed, you
are authorized at your option to hold all money and instruments
in this escrow and take no further action until otherwise
directed, either by the parties mutual written instructions, or
final order of a court or canpeter,c jurisdiction.
EXHIBIT "J" PAGE 2 of 4
GENERAL PRWISIONS (continued)
8. Action in Interpleader
The parties hereto expressly agree that you, as escrow
holder, have the absolute right at your election to file an
action in interpleader requiring the parties to answer and
litigate their several claims and rights among themselves and you
are authorized to deposit with the clerk of the court all
documents and funds held in this escrow. In the event such action
is filed, the parties jointly and severally agree to pay your
cancellation charges and costs, expenses and reasonable
attorney's fees which you are required to expend or incur in the
interpleader action, the amount thereof to be fixed and judgment
therefor to be rendered by the court. Upon the filing of the
action, you shall thereupon be fully released and discharged from
all obligations to further perform any duties or obligations
otherwise imposed by the terms of this escrow.
9. T+ennination of Agency Obligations
If there is no action taken on this escrow within six
(6) months after the "time limit date" as set forth in the escrow
instructions or written extension thereof, your agency obligation
shall terminate at your option and all documents, monies or other
items held by you shall be returned to the parties depositing
same.
In the event of cancellation of this escrow, whether it
be at the request of arty of the parties or otherwise, the fees
and charges due First American Title Insurance Company, including
expenditures incurred and/or authorized shall be borne equally by
the parties hereto (unless otherwise agreed to specifically).
10. Clonflicting Instructions
Should you before or after close of escrow receive or
become aware of any conflicting demands or claims with respect to
this escrow or the rights of any of the parties hereto, or any
money or property deposited herein or affected hereby, you shall
have the right to discontinue any or all further acts on your
part until the conflict is resolved to your satisfaction, and you
shall have the further right to cammence or defend army action or
proceedings for the determination of the conflict as provided in
paragraphs 7 and 8 of these General Provisions.
11. Funds Retained in Escrow
If for any reason funds are retained in escrow, you may
deduct therefrom $10.00 as a monthly charge as custodian thereof.
12. Usury
You are not to be concerned with army question of usury
in any loan encumbrances involved in the processing of this
escrow and you are hereby released of any responsibility of
liability therefor.
13. Indemnify for Attorneys Fees and Costs
Ii� ge event rpuit is brouaht�yb emrypa atyrtya to this
escrow, inc u ng the title company ofr, against
each other or others, including the title company, claiming any
right they may have as against each other or against the title
company, then in that event, the parties hereto agree to
indemnify and hold harmless the title company against any
attorney's fees and costs incurred by it.
14. Anerxkents to Escrow Instructions
Any amendment or supplement to these escrow
instructions must be in writing. 'these escrow instructions
constitute the entire escrow between the escrow holder and the
parties hereto.
EXHIBIT "J" PAGE 3 of 4
GENERAL PROVISIONS (continued)
15. Foreign Investment in Real Property Tax Act of 1980
She Foreign Investment in Real Property Tax Act of 1980
as amended by the Tax Reform Act of 1984 places special
requirements for tax reporting and withholding on the parties to
a real estate transaction where the transferor (Seller) is a non-
resident alien or non -domestic corporation or partnership or is a
domestic corporation or partnership controlled by non-residents
or non-resident corporations or partnerships. 7he parties to this
transaction are seeking an attorneys, accountant's or other tax
specialist's opinion concerning the effect on any statements made
or omitted by the escrow or closing officer.
16. Supplemental Taxes
Seller and Buyer acknowledge that the subject property
may be subject to supplemental taxes due as a result of change o
ownership taking place through this escrow. Any necessary
adjustment due either party on receipt of a supplemental tax bill
will be made by the parties outside of this escrow and escrow
holder is released of any liability in connection with same.
17. Preliminary Change of Ownership Form
Prior to close of escrow Buyer will be sent a
Preliminary Change of Ownership Report, which is required by the
County Recorder's office to accompany documents called for herein
at the time of recording, in accordance with Section 480.3 of the
Revenue and Taxation Code. Buyer is aware he must return the form
completed and signed prior to close of escrow. If escrow does not
receive this report prior to close of escrow, Buyer authorizes
escrow to charge his account with $20.00 which is the fee the
County Recorder charges for recording the deed without the
completed form. Buyer is hereby put on notice that the Assessor
is required to mail out the form for oompletion later on if it
has not been filed at close of escrow.
18. Good Funds Law
The parties understand that all funds to close escrow
must be deposited into escrow prior to the date of closing to
allow sufficient tine for the deposit and clearance of such funds
prior to disbursement. In the event such funds should not be in
the form of a cashier's check on a financial institution located
in the State of California and such funds are issued on an out-
of-state financial institution, sufficient time must be allowed
for clearance to Comply with Section 12413 and 12413.5 of the
California Insurance Code (usually 10 business days). Funds may
be wired directly into First American's escrow depository bank
account fran such out-of-state financial institution to avoid the
waiting for clearance.
19. Escrow Trust Funds
Buyer and Seller acknowledge that escrow holder will be
depositing all funds in escrow in a fiduciary account at one of
the following banks:
Bank of dime r ica
Bank of Anaheim
Corporate National Bank
First Interstate Bank
Marine National
Security Pacific Bank
Wells Fargo Bank
Onion Bank
Metro Bank
•
EXHIBIT "J" PAGE 4 of 4
GENERAL PROVISIONS (continued)
The parties acknowledge that First American has an obligation to
provide information from this transaction to the Internal Revenue
Service at the close of the escrow. This information includes,
,but is not limited to, the taxpayer identification and/or social
security number(s) of the seller(s) and the gross sales price.
First American will not authorize the recording and closing of
this transaction without receipt of information deemed adequate
by First American for complying with the IRS reporting
requirements. Failue to provide the requested information to
escrow holder will result in a delay in closing.
0
Order No.
Escrc✓v No
Loan No.
150BU41 •
1503771-SB/N
WHEN RECORDED MAIL TO:
C.1 Ti Y O F 1-1 VA%T10J0-j0VJ
000 N'%A J AJ 5 ► R L='5 T-
H utV--nA,)& ; ory i3e/4c_yi cA
a—ftV G4 .r-, c LO 2 K q z4l�_iel
89=36329 r , ,�A.P. 2333-01 & 02 (a por)
*10-06 (a por)
23-ovo-e6
RECORDING REQUESTED BY
FIRST AMERICAN TITLE INS. CO.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-245 PM JUL 10'89
[EXEMPT
C 14 Q • RECORDER
cRnr".F ARnvF THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO.: 'J7o /Axe. 00�=2 R�-� Gc.��- SSG I IQZ.�•
DOCUMENTARY TRANSFER TAX $.. ' ...............................
I ... Computed on the consideration or value of property conveyed; OR
SAME AS ABOVE r
M ...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
J the undersigned grantor
Signature of Declarant or Agent determining tax — Firm Name
Tax- Exempt -Government Agency
GRANT DEED CITY Or HUNTINGTON BEACH
Connie Brockway, CIVIC
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City Clerk
By: . ems' _
CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION De ty Clty'Clerk
hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION,
A NON-PROFIT PUBLIC BENEFIT
the real property in the City of Huntington Beach
State of California, described as
County of Orange
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
June 22, 1989
I
STATE OF CALIFORNIA ss.
COUNTY OF— - ._--_---_—__--
before me, the undersigned, a Notary Public in and for said State, per-
sonally appeared-- -------- — - - --- ---- --
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same.
This document is solely for the
official business of the City
of Huntington Beach, as contem—
plated under Government Code
Sec. 6103 and should be recorded
free of charge.
THE CITY OF HUNTINGTON
A MUNICI�AL CORPQ?Z;?TO
Z,CIFORNIA
Z Moor
WITNESS my hand and official seal.
Signat
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (6/82)
89=363Z94
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the deed dated
June 22, 1989 from City of Huntington Beach, a municipal corporation to the
City of Huntington Beach Civic Improvement Corporation, a non-profit public
benefit, is hereby accepted by the undersigned officer or agent on behalf of
the City of Huntington Beach Civic Improvement Corporation, pursuant to the
authority conferred by Resolution No. 7 of the Huntington Beach Civic
Improvement Corporation adopted May 1, 1989, and the grantee consents to the
recordation thereof by its duly authorized officer.
Dated: June 30, 1989
CIVIC IMPROVEMENT CORPORATION OF THE
CITY OF HUNTINGTON BEACH
Connie Brockwa
Secretary
BY: L
D puty
89=363294
S T n'M ER •
c
4 2 EXHIBIT "A" PAGE 1 of 2
a
That portion of Lot 2 in Block 1902 and Seventeenth Street, all of Tract No. 12 in
the City of Huntington Beach, County of Orange, State of California, as shown on
the map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the
County Recorder of said County described as follows:
Beginning at the intersection of the Northerly line of Utica Street, 60.00 feet in
width, as shown on said map, and the centerline of Seventeenth Street, 70.00
feet in width, said point bears North 4 i'Degrees 38' 23" East 39.93 feet along said
centerline of Seventeenth Street from the centerline intersection of Seventeenth
Street and Utica Street; thence North 41 Degrees 38' 23" East 182.11 feet along
said centerline of Seventeenth Street to a line parallel with and 840.00 feet
westerly of the centerline of Lake Avenue, 90.00 feet wide, as shown on said
map; thence South 0 Degrees 19' 06" West 136.81 feet along said parallel line to
the Northerly line of said Utica Street; thence North 89 Degrees 39' 33" West
120.24 feet along said Northerly line to the point of beginning.
Containing 0.189 Acres, more or less.
That portion of Lot 14 in Block 1901, Seventeenth Street and Pine Street, all of
Tract No. 12 in the City of Huntington Beach, County of Orange, State of
California, as shown on the Map recorded in Book 9, Page 13 of Miscellaneous
Maps in the office of the County Recorder of said County described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width
as shown on said map, said point bears South 41 Degrees 38' 23" West 68.48 feet
from an angle point in said Seventeenth Street said angle point being the
Westerly terminus of that certain course described as "East 192.13 feet" as shown
on said map of Tract No. 12; thence South 0 Degrees 19' 06" West 155.89 feet
parallel with the centerline of Lake Avenue, 90.00 feet in width, as shown on said
map; thence North 89 Degrees 40' 54" West 137.05 feet to the centerline of said
Seventeenth Street; thence North 41 Degrees 38' 23" East 207.57 feet to the
point of beginning.
Containing 0.245 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
y
89=363294
EXHIBIT "A" PAGE 2 of 2
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use .the surface
Of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed
successors and assigns that the Property is acquired� Grantee covenants for itself, its
representations or warranties whatsoever, express of by Grantee "AS IS" without any
Grantor from, any and all liability on account of the conditiioln of the Property, ed, and hereby releases
I-]
9 89=363294
STATE OF CALIFORNIA) ss.
COUNTY OF ORANGE )
On ( 19_/�, before me, a Notary Public of the State of California, personally
appeared.y es Bg6ister, known to me to be the Mayor, and Connie Brockway, known to me to be the
City Clerk of the City of Huntington Beach and known to me to be the persons who executed the within
instrument on behalf of said public agency and acknowledged to me that such municipal corporation
executed the same. WITNE Pand and official seal.
Ordr'No.
Escrow No
Loan No.
1508040
1503778-SB/N
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
J
89-363296 P. 23-033-01 & 02 (a por)
23-040-06 (a por)
RECORDING REQUESTED BY
FIRST AMERICAN TITLE W. CO.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
•245 PM JUL 10.89
//[914PTj C4 a • '�r�tht RECORDER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CO o zz i i92Z.
DOCUMENTARY TRANSFER TAX $..=0:7................................... /
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
Oq remaining at time of sale.
THE UNDERSIGNED GRANTOR _
Signature of Declarant or Agent determining tax — Firm Name
GRANT DEED
4 '
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON-PROFIT PUBLIC BENEFIT
CORPORATION
hereby GRANT(S) to CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION
the real property in the City of Huntington Beach
County of Orange State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
°1
fjx_•1'"q"�M�•Government Agency
0Il"i' Or HUNTINGTON BEACH
Connie Brockway, CMc This document is solely for the
City Clerk official business of the City
e « of Hu.tjn7.ton Beach, as contem-
Dep City Clerk elated under Government Code
Sec. 6103 and should be recorded
free of charge.
THE CITY OF HUNTINGTON BEACH CIVIC
IMPROVEMENTS CORPORAT Non-profit
May 17, 1989 public benefit cor ration
Dated --- — — ---—/------ —
} ' ICJ
STATE OF CALIFORNIA }ss. � Presider'
COUNTY OF --I
— Se_qretqr
on_
before me, the undersigned, a Notary Public in and for said State, per
sonally appeared_ -
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same.
WITNESS my hand and official seal.
(This area for official notarial seal)
1002 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
89=363296
ay`
p
EXHIBIT "A"
That portion of Lots 1, 3 and 5 in Block 1903 and Seventeenth Street, all of Tract
No. 12 in the City of Huntington Beach, County of Orange State of California, as
shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the
office of the County Recorder of said County described as follows:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet wide, and a line parallel with and 840.00 feet Westerly of the centerline of
Lake Avenue, 90.00 feet in width, as shown on said map, said point bears North
41 Degrees 38' 23" East 222.04 feet along said centerline of Seventeenth Street
from the centerline intersection of said Seventeenth Street and Utica Street,
60.00 feet wide, as shown on said map;
thence North 0 Degrees 19' 06" East 191.19
feet along said parallel line; thence North 45 Degrees 19' 06" East 24.04 feet;
thence South 89 Degrees 40' 54" East 166.03 feet to the centerline of said
Seventeenth Street; thence South 41 Degrees 38' 23" West 277.20 feet along said
centerline of Seventeenth Street to the point of beginning.
Containing 0.434 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
•
89=363296
STATE OF CALIFORNIA) ss.
COUNTY OF ORANGE )
On i9-j�, before me, a Notary Public of the State of California, personally
appeared Wes Bannister, known to me to be the President, and Connie Brockway, known to me to be the
Secretary, of the City of Huntington Beach Civic Improvement Corporation and known to me to be the
persons who executed the within instrument on behalf of said public agency and acknowledged to me
that such public agency executed the same. WITNESS my hand and official seal.
,'�iliit�a�� • .
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 May 17, 1989 from Huntington Beach Civic Improvement Corp.
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 NQ,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: June 30, 1989
CITY OF HUNTINGTON BEACH
Connie Brockway
Zity er
_:
De uty
•BRADLEY L. JACOBS e
ORANGE COUNTY ASSESSOR
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (e.g., buyer) prior to transfer of subject property in
accordance with Section 480.3 of the Revenue and Taxation Code and filed with
the Orange County Recorder at the time of submittal of the document for
recording.)
SELLER: -:�Y -/-) C
BUYER:
A.P.#(s):
LEGAL DESCRIPTION:
ADDRESS (if improved):
MAIL TAX INFORMATION TO: Name
Address:
u-WL
FOR RECORDER'S USE ONLY
FOR ASSESSOR'S USE ONLY
APN
RA Y Ci N [
GRID MULT [.
REC DATE
PP
NV
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County
Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at 834-2941.
For assistance in completing this form, please call the Orange County Assessor at (714) 834-5031.
Transfer Information:
A. Was this transfer solely between husband and wife, addition of a spouse, death of a spouse,
divorce settlement. etc?
B. Was this transaction only a correction of the name'.; of the person(s) holding title to the
property?
C. Was this document recorded to create, terminate, or reconvey a lender's interest in the property?
D. Was this transaction recorded only to create, terminal or reconvey a security interest (e.g.,
cosigner)?
E. Was this document recorded to substitute a trustee un::er a deed of trust, mortgage, or other
similar document?
F Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as
one of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original
transferor)?
H. Is this transfer of property:
a. to a trust for the benefit of the g'fflor?
b. to a revocable trust?
c. to a trust from which the property reverts to the grantor within 12 years?
I. If this property is subject to a lease, is the remaining lease term 35 years or more including
written options?
J. If this transfer is excluded from a change in ownership as defined in Section 62 of the Revenue
and Taxation code for any reason other than those listed above, set forth the specific exclusion
claimed:
a.
❑ YES
b.
❑ NO
a.
❑ YES
b.
❑ NO
a.
❑ YES
b.
❑ NO
a.
❑ YES
b.
❑ NO
a.
❑ YES
b.
❑ NO
a.
❑ YES
b.
0 NO
a.
❑ YES
b.
❑ NO
a. ❑ YES b. ❑ NO
a. ❑ YES b. ❑ NO
a. ❑ YES b. ❑ NO
a. ❑ YES b. ❑ NO
IF YOU HAVE ANSWERED "NO" TO QUESTIONS A THROUGH I. INCLUSIVE. AND HAVE NOT CLAIMED ANY OTHER EXCLUSIONS
UNDER J. PLEASE COMPLETE BALANCE OF FORM. OTHERWISE SIGN AND DATE.
„ft
-0128-213 �`
`1. Type of Property Transferred:0 0
a. ❑ Single-family residence e. ❑ Mobilehome
b. ❑ N-)Itiple-family residence (no, of units: ) I. ❑ Unimproved lot
c.. ❑ Co-op 9. ❑ Commercial/Industrial
d. ❑ Condominium h
❑ Other (description: _
4.
t�
-7.
8.
9.
a. Cash Downpayment or Value of Trade (excluding closing cost):
b. 1st Deed of Trust at % interest for
years. Amount
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ FHA
❑ Finance Company
❑ Cal -Vet
❑ Savings & Loan
❑ VA
❑ Loan Carried by Seller
❑ Bank
❑ All Inclusive
Balloon Payment ❑ Yes ❑ No
c. 2nd Deed of Trust at % interest for
years. Amount
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ Loan Carried by Seller
❑ Balloon Payment ❑ Yes ❑ No
d. Was other type of financing involved not covered in (b) or (c) above?
Type at % interest for
years. Amount
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ Loan Carried by Seller
❑ Balloon Payment ❑ Yes ❑ No
e• Improvement Bond:
Outstanding Balance: Amount
f. Total Purchase Price or Acquisition Price, if Exchanged:
Was any personal property included in the purchase other than a mobilehome subject to
local property tax?
If yes, enter amount and attach itemized list of personal property.
Transfer is by
a. ❑ Deed, b. ❑ Contract of Sale;
c. ❑ Foreclosure; d. ❑ Other —Explain:
Was only a partial interest in the property transferred?
If 'YES" indicate the percentage transferred.
a. ❑ Date of Transfer or b. ❑ If an inheritance, Date of Death —
Is, or will, the property (be) producing income?
If answer to Question 8 is yes, is income pursuant to:
a. ❑ Lease; b. ❑ Contract;
C. ❑ Mineral rights; d. ❑ Other —Explain:
Did the transfer of this properly involve the trade or exchange of other real property?
Is this property intended as your principal residence:
If yes, enter date of occupancy or intended occu anc
'd this date will be the same es me recording date. enter `See Recording Date " p y
l certify that the foregoing is true, correct and complete to the best of my knowledge and belief.
Signed
(New Owner corporate
Address if other than above
Date:
a. ❑ YES b. ❑ NO
a. ❑ YES b. ❑ NO
a. ❑ YES b. ❑ NO
c. Amount $
a. ❑ YES b. ❑ NO
C. %
a. [:)YES b. ❑ NO
a. ❑ YES b. ❑ NO
a. ❑ YES b. ❑ NO
Phone No. Where you are available from 8:00 a.m. - 5:00 p.m. ( )
(NOTE: The Assessor may contact you for further information.)
f a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of
)wnership report, the recorder may charge an additional recording fee of twenty dollars ($20). The additional fee shall not be charged if the document is
%ccompanied by an affidavit that the transferee is not a resident of California.
AFFIDAVIT OF NON-RESIDENT TRANSFEREE
'he Transferee (buyer) named above is a resident of
Stale I P and not a resident of the State of Califomia.
;tgned
(Neh Owe• Corporal Once. Date:
w • , • t , •
BRADLEY L. JACOBS
ORANGE COUNTY ASSESSOR
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (e.g., buyer) prior to transfer of subject property in
accordance with Section 480.3 of the Revenue and Taxation Code and filed with
the Orange County Recorder at the time of submittal of the document for
recording.)
SELLER: _— 6, - G T-, 6'F [/ %:
BUYER: C I T C F /� t l� L I VIC/�• p+ ti �^ niN7 �' 3'��+.
A.P.#(s): v
LEGAL DESCRIPTION, -
ADDRESS (if improved):
MAIL TAX INFORMATION TO: Name
Address:
FOR RECORDER'S USE ONLY
FOR ASSESSOR'S USE ONLY
APN
RA Y ❑ N [
GRID MULT [ I
REC DATE i
PP
NV I
I ne property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County
Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at 834-2941.
For assistance in completing this form, please call the Orange County Assessor at (714) 834-5031.
Transfer Information:
A. Was this transfer solely between husband and wife, addition of a spouse, death of a spouse,
divorce settlement. etc?
B. Was this transaction only a correction of the name',of the person(s) holding title to the
property?
C. Was this document recorded to create, terminate, or rec,.)nvey a lender's interest in the property?
D. Was this transaction recorded only to create, termina-a. or reconvey a security interest (e.g.,
cosigner)?
E. Was this document recorded to substitute a trustee un:;er a deed of trust, mortgage, or other
similar document?
F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as
one of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original
transferor)?
H. Is this transfer of property:
a. to a trust for the benefit of the giP�htor?
b. to a revocable trust? '
c. to a trust from which the property reverts to the grantor within 12 years?
I. If this property is subject to a lease, is the remaining lease term 35 years or more including
written options?
J. If this transfer is excluded from a change in ownership as defined in Section 62 of the Revenue
and Taxation code for any reason other than those listed above, set forth the specific exclusion
claimed:
a. [:]YES
b.
❑ NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ , NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
In.
❑; NO
a. ❑ YES
b.
❑, NO
a. ❑ YES
b.
L NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ NO
IF YUU HAVE ANSWERED "NO" TO QUESTIONS A THROUGH I, INCLUSIVE. AND HAVE NOT CLAIMED ANY OTHER EXCLUSIONS
JNDER J. PLEASE COMPLETE BALANCE OF FORM. OTHERWISE SIGN AND DATE.
70128-213 �`
2.' Type of Property Transferred: •
a. ❑ Single-family residence
b. Multiple -family residence (no. of units:
❑ Co-op
d. ❑ Condominium
11
e. ❑ Mobilehome
f• ❑ Unimproved lot
9• ❑ Commercial/Industrial
h• ❑ Other (description: —
3. a. Cash Downpayment or Value of Trade (excluding closing cost):
b. 1st Deed of Trust at % interest for
years. Amount
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ FHA
❑ Finance Company
❑ Cal -Vet
❑ Savings & Loan
❑ VA
❑Loan Carried by Seller
❑ Bank
❑ All Inclusive
Balloon Payment ❑ Yes ❑ No
c. 2nd Deed of Trust at % interest for
years. Amount
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ Loan Carried by Seller
❑ Balloon Payment ❑ Yes ❑ No
d. Was other type of financing involved not covered in (b) or (c) above?
Type at % interest for
years. Amount
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ Loan Carried by Seller
❑ Balloon Payment ❑ Yes ❑ No
e. Improvement Bond:
Outstanding Balance: Amount
I. Total Purchase Price or Acquisition Price, if Exchanged:
a. ❑ YES b. ❑ NO
a. [:]YES b. ❑ NO
4. Was any personal property included in the purchase other than a mobilehome subject to
local property tax? a. ❑ YES b. ❑ NO
If yes, enter amount and attach itemized list of personal property. c. Amount $
5. Transfer is by:
a. ❑ Deed-, b. ❑ Contract of Sale:
c. ❑ Foreclosure-, d. ❑ Other —Explain:
6. Was only a partial interest in the property transferred? a. [DYES b. ❑ NO
If "YES" indicate the percentage transferred. c
'7, a. ❑ Date of Transfer or b. ❑ If an inheritance, Date of Death
8. Is, or will, the property (be) producing income? a. ❑ YES b. ❑ NO
9. If answer to Question 8 is yes, is income pursuant to:
a. ❑ Lease, b. ❑ Contract:
C. ❑ Mineral rights: d. ❑ Other —Explain:
10. Did the transfer of this property involve the trade or exchange of other real property? a. ❑ YES b. ❑ NO
*11. Is this property intended as your principal residence: a. ❑ YES b. ❑ NO
If yes, enter date of occupancy or intended occupancy
'n this date wilf be the same as me recording date. enter "See Recording Dare "
I certify that the foregoing is true, correct and complete to the best of my knowledge and belie/
Signed
(New (>v e: Corporate office,)
Address if other than above
Date:
Phone No. Where you are available from 8:00 a.m. - 5:00 p.m. ( )
(NOTE: The Assessor may contact you for further information.)
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of
ownership report, the recorder may charge an additional recording fee of twenty dollars ($20). The additional fee shall not be charged if the document is
accompanied by an affidavit that the transferee is not a resident of California.
AFFIDAVIT OF NON-RESIDENT TRANSFEREE
The Transferee (buyer) named above is a resident of
State and not a resident of the State of Califomia
signed
(Ne, Ov:ne- Corporate o".ce- Dale.:
Jf
BRADLEY L. JACOBS
ORANGE COUNTY ASSESSOR
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (e.g., buyer) prior to transfer of subject property in
accordance with Section 480.3 of the Revenue and Taxation Code and filed with
the Orange County Recorder at the time of submittal of the document for
recording.)
SELLER: H ' L ( V(( /M�'/Z�, ✓E -n t
BUYER:
A.P.#(s): /
LEGAL DESCRIPTION:
ADDRESS (if improved):
MAIL TAX INFORMATION TO: Name
Address:
FOR RECORDER'S USE ONLY
FOR ASSESSOR'S USE ONLY
APN
RA Y❑ N[
GRID MULT
REC DATE
PP
NV
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County
Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at 834-2941,
For assistance in completing this form, please call the Orange County Assessor at (714) 834-5031.
Transfer Information:
A. Was this transfer solely between husband and wife, addition of a spouse, death of a spouse,
divorce settlement. etc?
B. Was this tr�ensaction only a correction of the name;.; of the person(s) holding title to the
property?
C. Was this document recorded to create, terminate, or reconvey a lender's interest in the property?
D. Was this transaction recorded only to create, termina� or reconvey a security interest (e.g.,
cosigner)?
E. Was this document recorded to substitute a trustee ur;:er a deed of trust, mortgage, or other
similar document?
F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as
one of the joint tenants?
G. Does this transfer return property to the person, who created the joint tenancy (original
transferor)?
H. Is this transfer of property:
a. to a trust for the benefit of the 41f htor?
b. to a revocable trust? '
c. to a trust from which the property reverts to the grantor within 12 years?
I. If this property is subject to a lease, is the remaining lease term 35 years or more including
written options?
J. If this transfer is excluded from a change in ownership as defined in Section 62 of the Revenue
and Taxation code for any reason other than those listed above, set forth the specific exclusion
claimed:
a. ❑ YES
b.
[J NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ ; NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ NO
a. ❑ YES
b.
❑ NO
a. ❑ YES b. [; NO
a. []YES b. ❑ NO
a. ❑ YES b. ❑ NO
a. []YES b. [:]NO
a. []YES b. ❑ NO
IF YOU HAVE ANSWERED "NO" TO QUESTIONS A THROUGH I. INCLUSIVE, AND HAVE NOT CLAIMED ANY OTHER EXCLUSIONS
UNDER J. PLEASE COMPLETE BALANCE OF FORM. OTHERWISE SIGN P,ND DATE.
M
F0128-213
2. Type of Property Transferred:
a. L1 Single-family residence
b. ❑ Multiple -family residence (no. of units:
C. ❑ Co-op
d. ❑ Condominium
3. a
b
C.
•
e. ❑ Mobilehome
I. ❑ Unimproved lot
9• ❑ Commercial/Industrial
h. ❑ Other (description:
Cash Downpayment or Value of Trade (excluding closing cost):
1st Deed of Trust at % interest for
$
years. Amount $
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ FHA
❑ Finance Company
❑ Cal -Vet
El Savings &Loan
❑ VA
❑ Loan Carried by Seller
❑ Bank
❑ All Inclusive
Balloon Payment ❑ Yes ❑ No
2nd Deed of Trust at % interest for
$
years. Amount $
❑ Fixed Rate
❑ Variable Rate
❑ New Loan
❑ Assumed Existing Loan Balance
❑ Loan Carried by Seller
❑ Balloon Payment ❑ Yes ❑ No $
Was other type of financing involved not covered
in (b) or (c) above?
Type at % interest for
❑F' d0t
years. Amount $
a. ❑ YES b. ❑ NO
(xe a e ❑ Variable Rate
❑ New Loan ❑ Assumed Existing Loan Balance
❑ Loan Carried by Seller ❑ Balloon Payment ❑ Yes ❑ No $
e. Improvement Bond:
Outstanding Balance: Amount
a. ❑ YES b. ❑ NO
f. Total Purchase Price or Acquisition Price, if Exchanged: $
4.
Was any personal property included in the purchase other than a mobilehome subject to
local property tax?
If yes, enter amount and attach itemized list of personal property.
a. []YES b. []NO
5.
Transfer is by
c. Amount $
a. ❑ Deed, b. ❑ Contract of Sale:
c. ❑ Foreclosure; d. ❑ Other —Explain:
6.
Was only a partial interest in the property transferred?
If "YES" indicate the percentage transferred.
a. ❑YES b. ❑ NO
-7.
a. ❑ Date of Transfer or b. ❑ If an inheritance, Date of Death
c Rio
8.
Is, or will, the property (be) producing income?
9.
If answer to Question 8 is yes, is incoma to:
a. YES b. ❑ NO
pursuant
a. ❑ Lease; b. ❑ Contract;
c. ❑ Mineral rights, d. ❑ Other —Explain:
10.
'11.
Did the transfer of this property involve the trade or exchange of other real property?
Is this property intended as
P Pe Y your principal residence:
a. ❑ YES b. ❑ NO
'n
If yes, enter date of occupancy or intended occupancy
a. []YES b. ❑ NO
this
date will be the same as the recording date. enret 'See Recording Date "
l certify that the foregoing is true, correct and complete to the best of my knowledge and belief
Signed
(New Owner Corporate ptt,cerl Date:
Address if other than above
Phone No. Where you are available from 8:00 a.m. - 5:00 p.m. ( )
(NOTE: The Assessor may contact you for further information.)
f a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of
)wnership report, the recorder may charge an additional recording fee of twenty dollars ($20). The additional fee shall not be charged if the document is
accompanied by an affidavit that the transferee is not a resident of California.
AFFIDAVIT OF NON-RESIDENT TRANSFEREE
he Transferee (buyer) named above is a resident of
not a resident of the State of California
signed
INer Owner Corporate Once Date:
ST. AMER� � •
IF A;PP;R0V`,fDq MKS ANEI
FIRST AMERICAN TITLE INSURANCE COMPANY
NATIONAL ACCOUNTS
114 EAST FIFTH STREET
SANTA ANA, CA 92701
(714-647-4469/558-3211 X6204)
(1-800-854-3643)
(FAX # 714-541-4702)
SUPPLEXENTDL ESCROW INSTRUCTIONS
ESCROW NUMBER.: 1503771-SB/N & 1503778-SB/N DATE: JUNE 21, 1989
THE ORIGINAL ESCROW INSTRUCTIONS AND ANY SUPPLEMENTS THERETO ARE
HEREBY SUPPLEMENTED, AMENDED AND/OR MODIFIED IN THE FOLLOWING
PARTICULARS ONLY:
1. ALL TERMS, CONDITIONS AND PROVISIONS FOR THE CLOSING OF
SUBJECT ESCROWS ARE APPROVED, SATISFIED AND/OR WAIVED, INCLUDING,
BUT NOT LIMITED TO, CONDITIONS OF CLOSING REFERENCED AS PARAGRAPH
3, PAGE 2 OF EXHIBIT "I" TO EXCHANGE ESCROW INSTRUCTIONS DATED
APRIL 10, 1989.
2. BY SIGNATURE HEREON, FIRST PARTY AND SECOND PARTY APPROVE THE
ESTIMATED CLOSING STATEMENT ATTACHED HERETO AND MADE A PART
HEREOF.
3. PARTIES ACKNOWLEDGE THAT THERE ARE TO BE NO PRORATION OF
TAXES THROUGH ESCROW AND THAT ANY REIMBURSEMENT FOR PRORATION OF
TAXES PAID BY PACIFIC COAST HOMES WILL BE HANDLED BY PACIFIC
COAST HOMES APPLYING TO THE COUNTY TAX COLLECTOR OUTSIDE OF
ESCROW.
4. BY SIGNATURE HEREON, ESCROW HOLDER IS ADVISED THAT THERE ARE
NO LEASES TO BE ASSIGNED THROUGH ESCROW REGARDING SCHEDULE "A"
AND SCHEDULE "B" PROPERTY.
5. BY SIGNATURE HEREON, FIRST PARTY APPROVES PRELIMINARY REPORT
(AMENDMENT NO. 1) DATED APRIL 17, 1989, ORDER NO. 1508040, WITH
THE EXCEPTION OF EXCEPTIONS 5 AND 6 ON PAGES 2 AND 3; AND THE
STANDARD ALTA OWNERS POLICY OF TITLE INSURANCE WITH WESTERN
REGIONAL EXCEPTIONS TO BE ISSUED AT CLOSE OF ESCROW IN FAVOR OF
FIRST PARTY SHALL BE IN THE AMOUNT OF $379,000.00 INSURING THE
LEGAL DESCRIPTION SHOWN IN THE GRANT DEED CONVEYING TITLE TO
FIRST PARTY (ATTACHED HERETO AS EXHIBIT "B"), AND CONTAINING
EXCEPTIONS 1, 2, 3, 4, 7 AND 8 AND CONTAINING THE RESERVATIONS
CONTAINED WITHIN THE LEGAL DESCRIPTION AS REFERENCED IN SAID
PRELIMINARY REPORT (AMENDMENT
NO. 1) DATED APRIL 17, 1989, ORDER NO. 15080.40.
6. BY SIGNATURE,HEREON, SECOND PARTY APPROVES PRELIMINARY REPORT
(AMENDMENT NO. 1) DATED APRIL 17, 1989, ORDER NO. 1508041; AND
THE STANDARD ALTA OWNERS POLICIES OF TITLE INSURANCE WITH WESTERN
REGIONAL EXCEPTIONS TO BE ISSUED IN FAVOR OF SECOND PARTY SHALL
EACH RESPg,PTIVELY BE.. IN• THE AMOUNT OF $379 , 000. 00 INSURING THE
LEGAL DES'GRIPTION SHOWN IN THE GRANT DEED CONVEYING TITLE TO
SECOND PARTY, AND CONTAINING EXCEPTIONS 1, 3, 4, 5, 6 AND
CONTAINING THE RESERVATIONS CONTAINED WITHIN THE LEGAL
DESCRIPTION AS REFERENCED IN SAID PRELIMINARY REPORT AS
REFERENCED IN SAID PRELIMINARY REPORT (AMENDMENT NO. 1) DATED
APRIL 17, 1989, ORDER NO. 1508041, AND ALSO EXCEPTION NO.'S 5
AND 6 AS REFERENCED IN PRELIMINARY REPORT (AMENDMENT NO. 1) DATED
APRIL 17, 1989, ORDER NO. 1508040.
CONTINUE ON PAGE e
S.t �AMER� • r
C
1� 9
F �Z
:gam
ESCROW NO.'S 1503771-SB/N AND 1503778-SB/N
7. ESCROW HOLDER IS AUTHORIZED AND INSTRUCTED TO CORRECT THE
LEGAL DESCRIPTION OF THE "FIRST AMENDMENT TO LEASE AGREEMENT"
THAT HAS BEEN DEPOSITED INTO ESCROW FULLY EXECUTED AND NOTARIZED
TO BE AS SHOWN IN EXHIBIT "B" ATTACHED HERETO AND RECORD SAME AT
THE CLOSE OF ESCROW.
8. ESCROW HOLDER IS AUTHORIZED AND INSTRUCTED TO AMEND THE LEGAL
DESCRIPTION IN THE GRANT DEED CONVEYING TITLE FROM CITY OF
HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION TO PACIFIC
COAST HOMES, A CALIFORNIA CORPORATION TO BE AS PER THE LEGAL
DESCRIPTION CONTAINED IN GRANT DEED ATTACHED HERETO AS EXHIBIT
liC„ .
ALL OTHER TERMS, CONDITIONS AND PROVISIONS OF THIS ESCROW IF NOT
HEREIN MODIFIED OR CHANGED, SHALL REMAIN THE SAME.
FIRST PARTY:
PACIFIC COAST HOMES
BY:
BY:
SECOND PARTY:
THE C TY OF HUNTIN BE CH,
STATE CALIF
M. YOR
APPROVED AS TO FORM:
CITY ATTORNEY
I TI ED AND P D
DEPUTY CITY ADMINISTRATOR/
DI CTOR OF ECONOMIC DEVELOPMENT
A MUNICIPAL CORPORATION OF THE
APPROVED BY FIRST PARTY'S ATTORNEY
I V40
APPROVED BY SECOND PARTY'S ATTORNEY
ATTEST:
Ate* u x CLERK
l RRI -I�Wp AN A R`,0VED :
C�
CITY ADMINISTRATOR.
BY:
ORDER NO. 1503771-SB/N & 1503778-SB/N ESCROW SETTLEMENT SHEET
CLOSING DATE (Internal)
1 st PARTY. 2nd PARTY
PACIFIC COAST HOMES CITY OF HUNTINGTON BEACH
DEBIT
CREDIT-SCHED
T "All DEBIT CREDIT
379,000.00
Sales Price PCH PROPERTY
379,000.00
Deposit Retained (Paid Outside of Escrow)
Deposit By
Deposit By
Encumbrance of Record (Unpaid Balance)
Encumbrance of Record (Unpaid Balance)
First Deed of Trust (New)
Second Deed of Trust (New)
Prorate Taxes Fr. To an $
Prorate Fire Ins. Fr. To on $
Prorate Int. @ % Fr. To on $
Prorate Rent Fr. To on $
Pay Commission To: NONE
Pay Demand Of ONE
Revenue Stamps Deed from
Title Policy Fee .STANDARD ALTA OWNERS WITH 645.00
_ 645.00
Escrow Fee WESTERN REGIONAL EXCEPTIONS
587.50
Drawing
20.00
Record First Amendment To Lease A reemen
20.00
20
Revenue Stamps
208.45
10-00
Recording Grant Deed PCH TQH
10.00
10.00
Pr liminary Change of Ownership
10.00
200.04'
Miscellaneous charges
200.00
SCHEDULE "B"
379 000.00
Sales Price Cif of Huntington Beach
379,000.00
Deposit Retained (Paid Outside of Escrow)
Deposit By
Deposit By
Encumbrance of Record (Unpaid Balance)
Encumbrance of Record (Unpaid Balance)
First Deed of Trust (New)
_
Second Deed of Trust (New)
Revenue stamps on deed fromCity of H.B.
Civic Improvement Corp. to City of H.B.
416.90
Prorate Taxes Fr. To on $
Prorate Fire Ins. Fr. To on $
Prorate Int. @ % Fr. To on $
Prorate Rent Fr. To on $
_
Pay Commission To: NONE
Pay Demand Of NONE
645.00
Title Policy Fee STANDARD ALTA OWNERS WITH
45.,'00
587.50
Escrow Fee WESTERN REGIONAL EXCEPTIONS
587.50
Drawing
Record Grant deed from Nonprofit to
city of Huntington Beach
Preliminary chan e of ownership
10.00
10.00---
10.00
2,9.23.45 Balance DUE THIS OFFICE _ 3__,350.35
923.45 381,923.45 TOTALS 382 3.5D-35 382.-350.-35
Deposits By: Date Amount Disbursements Check No. Amount
Total
Total
13019-2:5 .11fI{\��:CI .A�dfs Mny 25 -"'19 I:i492
f
A J'. 023-033-01 , 02
023-040-06
W11e11 recorded, return to: 023-040-08 (1)or of)
City of Huntington Beach
2000 Main Street EXHIBIT "B"
Huntington Beach, California 92648
Attention: City Clerk.
FIRST AMENDMENT TO LEASE AGREEMENT
MA
THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated Mareh _ 1989. is
by and between the CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT
CORPORATION, a nonprofit corporation duly organized and existing the Nonprofit Public
Benefit Corporation Law of the State of California, as lessor (the "Corporation"), and the
CITY OF HUNTING`I'ON BEACH, a charter city and municipal corporation duly
organized and existing under the constitution and laws of the State of California, as
lessee (the "City");
WITNESSETH:
WHEREAS, the Corporation has heretofore leased certain land and improvements
to the City for civic center purposes of the City pursuant to that certain Lease Agreement
dated as of July 15, 1986, by and between the Corporation and the City as disclosed
pursuant to the Memorandum of Lease by and between the Corporation and the City
recorded in the Orange County Recorder's Office on August 13, 1986, as Instrument
Number 86-359343 (the "Lease Agreement"); and
X''HEREAS, the City and the Corporation wish to remove certain property from
the description of the premises leased pursuant to the Lease Agreement, and to add to
such description certain property to be obtained by the City in. exchange therefor; and
WHEREAS, such amendment is permitted to be made pursuant to Section 9.01 of
the Trust Agreement dated as of July 15, 1986, by and among the City, the Corporation
and Security Pacific National Bank as trustee;
NOW, THEREFORE, in consideration of the above premises and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the
parties hereto agree as follows:
SECTION 1. Amendment of Description of Project Site. Exhibit A to t:he
Lease Agreement is hereby amended in its entirety to read as set forth in Appendix A
hereto.
SECTION 2. Actions to Implement Amendment. The City and the
Corporation shall take all actions and execute and cause to be recorded this First
This do�u�cr.t is solely for the
of the City
of Hu_;ti.n,.;ton !?�;lr.h, u., Contplated l_',ldE3r Go�•�errn�cnt Cody
Soy" 6103 _>110111d he rocordod
freo of charr�e_
•
Amendment to Lease Agreement and any and all other documents necessary to
accomplish the amendment of the Lease Agreement pursuant Hereto.
SECTION 3. Execution in Counterparts. This First Amendment to Lease
Agreement may be executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
SECTION 4. Applicable La,,v. This First Amendment to Lease Agreement shall
be governed by and construed in accordance with the laws of the State of California.
SECTION 5. Effective Date. The provisions of this First Amendment to Lease
Agreement and the amendments made hereby shall take effect from and after the date of
execution of this First Amendment to Lease Agreement by the parties hereto-
2
I.N 1,\"I'I'N E SS WI-iEREOF, the Corporation has caused this First Amendment to
Lease Agreement to be executed in its name by its duly authorized officers and sealed
with its seal; and the City has caused this First Amendment to Lease Agreement to be
executed in its name by its duly authorized officers and sealed with its seal, as of the
date first above written.
CITY OF I-LUNTINGTON BEACH CIVIC
IMPROVEMENT CORPORATION, as lessor
lay
President
(SEAL)
Attest:
By �
Secretary
CITY OF HUNTINGTON BEACH, as lessee
i
By�—
Mayor
(SEAL)
Attest:
By:
City Clerk
APPENDIX A
All that certain real property in the City of Huntington Beach, County of Orange,
described as follows:
•
•
1N WHNLSS �,\r1-1LREOF, the Corporation has caused this first, Ainendinent to
Lease Agreement to be executed in its name by its duly autlorize(i officers and sealed
with its seal; and the City has caused this First Ainenduient to Leese Agreement to be
executed in i.ts name by its duly authorized officers and scaled with its seal. as of the
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On this 15th day of _June 198 9 ,
before me, the undersigned, a Notary Public in and for said
State, personally appeared Wes Bannister and Connie Brockway.
known to me (or proved to me on the basis of
satisfactory evidence) to be the persons, who executed the
within instrument as President and -Secretary of The.
CITY OF HUNTINGTON BEACH CIVIC IMP.ROVEN,EN'I' CORPORATION
the corporation therein named, and acknowledged to me
that they executed the within instrument.
WITNESS my hand and official seal.
(SEAL) OFFICIAL SEAL
BETTE BARILLA
z •� Notary Public-Calffontia
"o ORANGE COUNTY
7 �•' ' tdy Comm. Ex
P• Jan. 8, 1!90
By: r9�
Citv Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
S gnature of Notary Public
OFFICIAL SEAL
BETTE BARILLA
Notary Public -California
y; wo OrANGE COUNTY
M), Comm. ExG_ Jan. 8, 1990
On this _�_� day of - 19 before me,
a Notary Public in and for said Cou y and State, personally appeared
S .f- C: known to me to be the Mayor
and %� �' ! n /<(.vf�� 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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same_
QR11-NGi i r;,��
APPENDIX A
EXHIBIT A
The land, including the building and improvements thereon, on the following
described land:
Blocks 2001, 2002 and a portion of Block 1903 of Tract No. 12 in the City of
Huntington Beach, County of Orange, State of California, as shown on a map
recorded in Book 9, Page 13 of Miscellaneous Maps, Records of Orange County,
California, together with Park Street, Union Avenue, and the alleys in said Blocks as
shown on said map and as vacated in that certain "Resolution No. 3415" of the City
Council of the City of Huntington Beach, a certified copy of which was recorded
January 6, 1972 in Book 9956, Page 849 of Official Records of Orange County,
California.
Excepting therefrom those portions of Lots 1, 3 and 5 of Block 1903 of said Tract No.
12 lying within the following described parcel of land:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet in width, and a line parallel with and 840.00 feet westerly of the centerline of
Lake Avenue, 90.00 feet in width as shown on said map, said point bears north
41°38'23" east 222.04 feet along said centerline of Seventeenth Street from the
centerline intersection of said Seventeenth Street and Utica Street, 60.00 feet in
width as shown on said map; thence north 0019'06" east 191.19 feet along said
parallel line; thence north 45019'06" east 24.04 feet; thence south 89040'54" east
166.03 feet to the centerline of said Seventeenth Street; thence south 41°38'23"
west 277.20 feet along said centerline of Seventeenth Street to the point of
beginning.
Also excepting therefrom that portion thereof lying Southeasterly
and Southerly of the following described line:
Beginning at the Westerly terminus of the course hereinabove
described as "South 890 40' 54" East 166.03 feet"; thence along
said course South 890 40' 54" East 123.64 feet to the True Point
of Beginning, said point being on a non -tangent curve concave
Southeasterly having a radius of 82.00 feet, a radial line of
said curve passing through said point bears North 820 32' 09"
West; thence Northeasterly along said curve through a central
angle of 34° 10' 32" an arc distance of 48.91 feet; thence North
410 38' 23" East 365.76 feet to the beginning of a tangent curve
'concave Southeasterly having a radius of 83.49 feet; thence
Northeasterly along said curve through a central angle of 48' 40'
43" an arc distance of 70.93 feet; thence South 89° 40' 54" East
296.37 feet to the beginning of a tangent curve concave
Northwesterly having a radius of 34.00 feet; thence Northeasterly
along said curve through a central angle of 90° 00' 00" an arc
distance of 53.41 feet; thence South 890 40' 54" East 45.00 feet
to said centerline of Lake Street.
Also excepting therefrom, all oil, gas, asphalt and asphaltum, and other
hydrocarbons and all other minerals, whether similar or dissimilar to those
specified, lying below 500 feet under the surface of such real property within or
that may be produced from said property, without, however, any right to use the
surface of said property or 500 feet under the surface thereof for any purpose
whatsoever.
Parcel 2
That portion of Lot 2 of Block 1902 of Tract No. 12 in the City of Huntington Beach,
County of Orange, State of California, as shown on the map recorded in Book 9,
Page 13 of Miscellaneous Maps in the office of the County recorder of said County,
together with a portion of Seventeenth Street as shown on said map of Tract No. 12
and as vacated in that certain "Resolution No. 5989" of the City Council of the City
of Huntington Beach, a certified copy of which was recorded March 16, 1989 as
Instrument No. 89-137620 of Official Records of Orange County, California,
described as follows:
Beginning at the intersection of the northerly line of Utica Street, 60.00 feet in
width as shown on said map, and the centerline of said Seventeenth Street, 70.00
feet in width, said point bears north 41°38'23" east 39.93 feet along said centerline
of Seventeenth Street from the centerline intersection of Seventeenth Street and
Utica Street; thence north 41°38'23" east 182.11 feet along said centerline of
Seventeenth Street to a line parallel with and 840.00 feet westerly of the centerline
of Lake Avenue, 90.00 feet in width as shown on said map; thence south 0°19'06"
west 136.81 feet along said parallel line to the northerly line of said Utica Street;
thence north 89°39'33" west 120.24 feet along said northerly line to the point of
beginning.
Excepting therefrom, all oil, gas, asphalt and asphaltum, and other hydrocarbons
and all other minerals, whether similar or dissimilar to those specified, lying below
500 feet under the surface of such real property within or that may be produced
from said property, without, however, any right to use the surface of said property
or 500 feet under the surface thereof for any purpose whatsoever.
Parcel
That portion of Lot 14 of Block 1901 of Tract No. 12 in the City of Huntington Beach,
County of Orange, State of California, as shown on the map recorded in Book 9,
Page 13 of Miscellaneous Maps in the office of the County recorder of said County,
together with those portions of Pine and Seventeenth Streets as shown on said map
of Tract No. 12 and as vacated in that certain "Resolution No. 5989" of the City
Council of the City of Huntington Beach, a certified copy of which was recorded
March 16, 1989 as Instrument No. 89-137620 of Official Records of Orange County,
California, described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width as
shown on said map, said point bears south 41°38'23" west 68.48 feet from an angle
point in said Seventeenth Street, said angle point being the westerly terminus of
that certain course described as "east 192.13 feet" as shown on said map of Tract
No. 12; thence south 0019'06" west 155.89 feet parallel with the centerline of Lake
Avenue, 90.00 feet in width as shown on said map; thence north 89°40'54" west
137.05 feet to the centerline of said Seventeenth Street; thence north 41°38'23"
east 207.57 feet to the point of beginning.
Excepting therefrom that portion thereof lying Southerly of
the following described line:
Beginning at the Westerly terminus of the course hereinabove
described in Parcel 1 as "South 890 40' 54" East 166.03 feet";
thence along said course South 89° 40' 54" East 123.64 feet to
the True Point of Beginning, said point being on a non -tangent
curve concave Southeasterly having a radius of 82.00 feet, a
radial line of said curve passing through said point bears North
82' 32' 09" West; thence Northeasterly along said curve through a
central angle of 34° 10' 32" an arc distance of 48.91 feet;
thence North 41 ° 38' 23" East 365.76 feet to the beginning of a
tangent curve concave Southeasterly having a radius of 83.49
feet; thence Northeasterly along said curve through a central
angle of 480 40' 43" an arc distance of 70.93 feet; thence South
890 40' 54" East 296.37 feet to the beginning of a tangent curve
concave Northwesterly having a radius of 34.00 feet; thence
Northeasterly along said curve through a central angle of 901 00'
00" an arc distance of 53.41 feet; thence South 890 40' 54" East
45,00 feet to said centerline of Lake Street.
Also excepting therefrom, all oil, gas, asphalt and asphaltum, and other hydrocarbons
and all other minerals, whether similar or dissimilar to those specified, lying
below 500 feet under the surface of such real property within or that may be
produced from said property, without, however, any right to use the surface of
said property or 500 feet under the surface thereof for any purpose whatsoever.
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EXHIBIT "A"
That portion of Lots 1, 3 and 5 in Block 1903 and Seventeenth Street, all of Tract
No. 12 in the City of Huntington Beach, County of Orange State of California, as
shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the
office of the County Recorder of said County described as follows:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet wide, and a line parallel with and 840.00 feet Westerly of the centerline of
Lake Avenue, 90.00 feet in width, as shown on said map, said point bears North
41 Degrees 38' 23" East 222.04 feet along said centerline of Seventeenth Street
from the centerline intersection of said Seventeenth Street and Utica Street,
60.00 feet wide, as shown on said map; thence North 0 Degrees 19' 06" East
191.19 feet along said parallel line ; thence North 0 Degrees 19' 06" East 191.19
feet along said parallel line; thence North 45 Degrees 19' 06" East 24.04 feet;
thence South 89 Degrees 40' 54" East 166.03 feet to the centerline of said
Seventeenth Street; thence South 41 Degrees 38' 23" West 277.20 feet along said
centerline of Seventeenth Streetto the point of beginning.
Containing 0.434 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons', and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
Recording Requested by and
when Recorded Mail to:
Pacific Coast Homes
2120 Main Street, Suite 260
Huntington Beach, Ca. 92648
Attn: Mr. J. W. Johnson
with a conformed copy to
City of Huntington Beach
2000 Main Street
Huntington Beach, Ca. 92648
Attn: City Clerk
Mail Statements to:
Pacific Coast Hornes
2120 Main Street, Suite 260
Huntington Beach, Ca. 92648
Attn: Mr_ J. W. Johnson
A,P. 023-033-02
EXHIBIT "C"
Documentary Transfer Tax $
Computed on full value of
property conveyed.
This document is solely for the
official business of the City
of Hu.nti-1—ton Beach, as contem-
plated un"er �,ernment Code
GRANT DEED Sec. 6103 and should be recorded
free of charge.
For a valuable consideration, receipt of which is hereby acknowledged, City
of Huntington Beach, California, a municipal corporation ("Grantor"), hereby grants
to Pacific Coast Homes, a California corporation ("Grantee"), the real property in the
County of Orange, State of California, described as follows and hereafter referred to
as the "Property":
That portion of Lots 1, 3 and S in Block 1903 and Seventeenth Street, all of Tract
No. 12 in the City of Huntington Beach, County of Orange State of California, as
shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the
office of the County Recorder of said County described as follows:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet wide, and a line parallel with and 840.00 feet Westerly of the centerline of
1
Lake Avenue, 90.00 feet in width, as shown on said map, said point bears North
41 Degrees 38' 23" East 222.04 feet along said centerline of Seventeenth Street
from the centerline intersection of said Seventeenth Street and Utica Street,
60.00 feet wide, as shown on said map, thence North 0 Degrees 19' 06" East
191.19 feet along said parallel line ;
thence North 4S Degrees 19' 06" East 24.04 feet;
thence South 89 Degrees 40' 54" East 166.03 feet to the centerline of said
Seventeenth Street; thence South 41 Degrees 38' 23" West 277.20 feet along said
centerline of Seventeenth Street to the point of beginning.
Containing 0.434 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein_
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
2
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
In witness whereof, Grantor has executed this instrument this i t day of
May, 1989.
City of Huntington Beach,
a municipal orporation of
the State of alifornia
1�i
BY: i _ .ct�c� c?�✓
MAYOR
Agreed and accepted this
day of May, 1989.
GRANTEE: PACIFIC
:COAST HOMES,
Aall;rnia corporation
By
/.
By: (assistant Secretary - Treasurer
ATTEST:
REVIEWED AND APPROVED:
B Y :
(Acknowledgement)
3
APPROVED AS TO FORM:
• VMS;II_ _ _� • _ _/ _�
INITI TED 4ND APPROV
2
BY: �.
A INISTRATOR/DIRECTOR
OF ECONOMIC DEVELOPMENT
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
In witness whereof, Grantor has executed this instrument this /%day of
May, 1989.
City of Huntington Beach,
a municipal corporation of
the State of California
/Al
B Y :
MAYOR
Agreed and accepted this
day of May, 1989.
GRANTEE: PACIFIC COAST HOMES,
a I rnia corporation
By:
gy: Assistant Secretary
ATTEST:
STATE, OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
On this day of
a Notary Public in and for said
,J j S
1-reasilrer
APPROVED AS TO FORM:
BY:
, 19 U ( , before me,
Cou ty and State, personally appeared
known to me to be the Mayor
and " e , 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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
(-ICIAL SEAL
CsETiF BARiLL A K
Notary Plitft (+N 0Mo a
ORANGE COUNTY
My CDmm Exp. Jan. 8. W
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On May jq , 1989, before me, the undersigned, a Notary Public in and for said
State, personally appeared before me e. fit) . and
C\ . \- , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument
c)
as the �� J r��.� and Q. on behalf of PACIFIC
COAST HOMES, the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Ck
Notary Public
OFFICIAL SEAL
t
LAVINA SIX FU -ERTON
My C�'i'iISSION
NOTARY PUSLIC- CALIF(rMA
ORANa COLKTY
EXP. OCT I, 1991
A M E R��
5-
SIDS
y
i
FIRST AMERICAN TITLE INSURANCE COMPANY
NATIONAL ACCOUNTS
114 EAST FIFTH STREET
SANTA ANA, CA 92701
(714-647-4469/558-3211 X6204)
(1-800-854-3643)
(FAX # 714-541-4702)
SUPPLEISBNTAL ESCROW INSTRUCTIONS
ESCROW NUMBER: 1503771-SB/N DATE: JUNE 23, 1989
1503778-SB/N
THE ORIGINAL ESCROW INSTRUCTIONS AND ANY SUPPLEMENTS THERETO ARE
HEREBY SUPPLEMENTED, AMENDED AND/OR MODIFIED IN THE FOLLOWING
PARTICULARS ONLY:
1. CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL
CORPORATION, HANDS YOU HEREWITH A GRANT DEED (COPY ATTACHED AS
EXHIBIT "A") CONVEYING TITLE TO THE CITY OF HUNTINGTON BEACH
CIVIC IMPROVEMENTS CORPORATION, A NON-PROFIT PUBLIC BENEFIT,
WHICH YOU ARE AUTHORIZED AND INSTRUCTED TO RECORD AT THE CLOSE OF
SUBJECT ESCROW AND YOU ARE FURTHER INSTRUCTED TO ISSUE A STANDARD
ALTA OWNERS POLICY OF TITLE INSURANCE IN FAVOR OF GRANTEE SHOWN
IN SAID GRANT DEED, IN LIEU OF AND INSTEAD OF CITY OF HUNTINGTON
BEACH, CALIFORNIA, A MUNICIPAL CORPORATION AS SPECIFIED IN
EXCHANGE ESCROW INSTRUCTIONS, ESCROW NO. 1503771-SB/N & 1503778-
SB/N. YOU ARE TO RECORD SAID GRANT DEED WITHOUT CONSIDERATION
TO CITY OF HUNTINGTON BEACH, A CALIFORNIA, A MUNICIPAL
CORPORATION. CITY OF HUNTINGTON BEACH, CALIFORNIA. ALL CHARGES
FOR RECORDING OF GRANT DEED AND ISSUANCE OF POLICY OF TITLE
INSURANCE SHALL BE PAID BY THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, A MUNICIPAL CORPORATION PURSUANT TO TERMS CONTAINED
IN EXCHANGE ESCROW INSTRUCTIONS 1503771-SB/N AND 1503778-SB/N.
2. THE ALTA STANDARD OWNERS POLICY OF TITLE INSURANCE WITH
WESTERN REGIONAL EXCEPTIONS REFERENCED IN ITEM 1 ABOVE SHALL BE
IN THE AMOUNT OF $379,000.00 INSURING THE LEGAL DESCRIPTION SHOWN
IN THE GRANT DEED ATTACHED HERETO AS EXHIBIT "A" AND CONTAINING
EXCEPTIONS 1, 3, 4, 5, 6 AND CONTAINING THE RESERVATIONS
CONTAINED WITHIN THE LEGAL DESCRIPTION AS REFERENCED IN
PRELIMINARY REPORT (AMENDMENT NO. 1 DATED APRIL 17, 1989, ORDER
NO. 1508041 (COPY ATTACHED AS EXHIBIT "B") AND ALSO EXCEPTION
NO.'S 5 AND 6 AS REFERENCED IN PRELIMINARY REPORT (AMENDMENT NO.
1) DATED APRIL 17, 1989, ORDER NO. 150804D (COPY ATTACHED HERETO
AS EXHIBIT "C").
3. ESCROW HOLDER IS AUTHORIZED AND INSTRUCTED TO CORRECT THE
LEGAL DESCRIPTION OF THE "FIRST AMENDMENT TO LEASE AGREEMENT"
THAT., HAS ',"BEEN. DEPOSITED INTO ESCROW FULLY EXECUTED AND NOTARIZED
TO �E,AS -,S�OF+�NE IN EXHIBIT "D" ATTACHED HERETO AND RECORD SAME AT
THE CLOS -OF EXCHANGE ESCROW NO. 1503771-SB/N AND 1503778-SB/N.
CONTINUED ON PAGE 2
S� AM E R �
F 2
is
PAGE 2
ALL OTHER TERMS, CONDITIONS AND PROVISIONS OF THIS ESCR0W IF NOT
HEREIN MODIFIED OR CHANGED, SHALL REMAIN THE SAME.
END INSTRUCTION
THE CITYgOF HUNTINGTON BEAD,
STATE OF ALIFORNIA-7
MAYOR
MUNICIPAL CORPORATION OF THE
APPROVED AS TO FORM: ATTEST-
' L+O✓LO
CITY ATTORNEY 1 Y� Vy� CLERK
iT TED AND E REVAP OV
D TY CITY ADMINISTRATOR/ CITY ADMINISTRATOR
D7-katCTOR OF ECONOMIC DEVELOPMENT
BY:
CITY OF HU TINGTON BEACH C IC
IMPROVEMEN CORPORAT
BY:
PRESIDENT
O:drr No. 1508041
Escrow No. 1503771—SB/N
Loan No.
•
EXHIBIT "A"
WHEN RECORDED MAIL TO:
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ ................................................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
the undersigned grantor _
Signature of Declarant or Agent determining tax — Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION
hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION,
A NON—PROFIT PUBLIC BENEFIT
the real property in the City of Huntington Beach
County of Orange State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
(Dated June 22, 1989
I
STATE OF CALIFORNIA )ss.
COUNTY OF —I
before me, the undersigned, a Notary Public in and for said State, per-
sonally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same.
WITNESS my hand and official seal.
Signature
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
(This area for official notarial seal)
1002 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
s� A M
4\� c92
*EXHIBIT."A" E 1 Of 2
That portion of Lot 2 in Block 1902 and Seventeenth Street, all of Tract No. 12 in
the City of Huntington Beach, County of Orange, State of California, as shown on
the map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the
County Recorder of said County described as follows:
Beginning at the intersection of the Northerly line of Utica Street, 60.00 feet in
width, as shown on said map, and the centerline of Seventeenth Street, 70.00
feet in width, said point bears North 4 i'Degrees 38' 23" East 39.93 feet along said
centerline of Seventeenth Street from the centerline intersection of Seventeenth
Street and Utica Street; thence North 41 Degrees 38' 23" East 182.11 feet along
said centerline of Seventeenth Street to a line parallel with and 840.00 feet
westerly of the centerline of Lake Avenue, 90.00 feet wide, as shown on said
map; thence South 0 Degrees 19' 06" West 136.81 feet along said parallel line to
the Northerly line of said Utica Street; thence North 89 Degrees 39' 33" West
120.24 feet along said Northerly line to the point of beginning.
Containing 0.189 Acres, more or less.
That portion of Lot 14 in Block 1901, Seventeenth Street and Pine Street, all of
Tract No. 12 in the City of Huntington Beach, County of Orange, State of
California, as shown on the Map recorded in Book 9, Page 13 of Miscellaneous
Maps in the office of the County Recorder of said County described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width
as shown on said map, said point bears South 41 Degrees 38' 23" West 68.48 feet
from an angle point in said Seventeenth Street said angle point being the
Westerly terminus of that certain course described as "East 192.13 feet" as shown
on said map of Tract No. 12; thence South 0 Degrees 19' 06" West 155.89 feet
Parallel with the centerline of Lake Avenue, 90.00 feet in width, as shown on said
map; thence North 89 Degrees 40' 54" West 137.05 feet to -the centerline of said
Seventeenth Street; thence North 41 Degrees 38' 23" East 207.57 feet to the
point of beginning.
Containing 0.245 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive. right from time to time
to drill and maintain wells or other works into or through the Property and the
S� AMEH/
EXHIBIT "A" 0AGE 2 of 2
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use th
of the Property or for the first five hundred g e surface
conduct any operations thereon or therein. (500) feet below said surface or to
By acceptance and recordation of this deed
successors and assigns that the Pro acquired Grantee covenants for itself, its
ert
p y is ac q y Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
EXHIBIT "B"
OR-1508041
AMENDMENT NO. 1
FIRST AMERICAN TITLE INSURANCE COMPANY
114 EAST FIFTH STREET, (P.O. BOX 267)
SANTA ANA, CALIFORNIA 92702
(714) 558-3211
PACIFIC COAST HOMES
2120 MAIN STREET, SUITE 260
HUNTINGTON BEACH, CALIFORNIA
ATTN: WILLIAM HOLMAN
YOUR NO. (LAND EXCHANGE PARCELS 2 AND 3)
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE
POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY
OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DA'OEC/AS OF AP 1 1989 AT 7:30 A.M.
ROGER C.\IZEIMER - TITLE OFFICER
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY WITH REGIONAL
EXCEPTIONS (STANDARD COVERAGE).
PAGE 1
•
•
OR-1508041
AMENDMENT NO. 1
TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PACIFIC COAST HOMES, A CALIFORNIA CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-1990, A LIEN
NOT YET PAYABLE.
2. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES, COVERING THE
HEREIN DESCRIBED AND OTHER LAND, FOR THE FISCAL YEAR 1988-1989,
AMOUNT: $793.42, DELINQUENT.
PENALTY: $99.33.
CODE AREA: 04-032.
A. P. NOS.: 023-031-04 AND 023-040-08.
3. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
4. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC USE,
ALL PUBLIC HIGHWAYS, PARKS, COURTS, COMMONS, AND OTHER GROUND SHOWN
ON THE MAP OF SAID TRACT INTENDED FOR PUBLIC USE, EXCEPT THE RIGHTS
TO THE USE OF SAID STREETS, AVENUES AND ALLEYS FOR WATER PIPES AND
CONDUITS, RAILROADS, TELEPHONE POLES, WIRES AND CONDUITS, AND
INCIDENTAL PURPOSES, AS INDORSED ON THE MAP OF TRACT NO. 12.
5. ANY RESTRICTIONS COVERING THE FUTURE OF SAID LAND, AS DISCLOSED
BY A "STATEMENT FOR A REDEVELOPMENT PROJECT" RECORDED OCTOBER 5, 1982
AS INSTRUMENT N.O. 82-350908 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
6. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF
UNRECORDED LEASES, IF ANY. KINDLY FORWARD SAID LEASES FOR OUR
EXAMINATION.
PAGE 2
OR-1508041
AMENDMENT NO. 1
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 2:
THAT PORTION OF LOT 2 IN BLOCK 1902 AND THAT PORTION OF SEVENTEENTH
STREET, ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9,
PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA, SAID PORTION OF SEVENTEENTH STREET
HAVING BEEN VACATED BY RESOLUTION NO. 5989 OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH WAS RECORDED
MARCH 16, 1989 AS INSTRUMENT NO. 89-137620 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY. LINE OF UTICA STREET,
60.00 FEET IN WIDTH, AS SHOWN ON SAID MAP, AND THE CENTERLINE OF SAID
SEVENTEENTH STREET, 70.00 FEET IN WIDTH; THENCE NORTH 41 DEG. 19' 00"
EAST 181.86 FEET ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO A
LINE PARALLEL WITH AND 840.00 FEET WESTERLY OF THE CENTERLINE OF LAKE
AVENUE 90.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 136.59 FEET
ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID UTICA STREET;
THENCE WEST 120.07 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
NOTE: EXCEPT AS HEREINAFTER SPECIFICALLY PROVIDED, GRANTEE AGREES
THAT, WITHOUT THE CONSENT OF GRANTOR IN WRITING BEING FIRST OBTAINED,
IT WILL NOT USE THE SURFACE OF THE LANDS DESCRIBED ABOVE OR THAT
PORTION OF SAID LANDS FROM THE SURFACE TO FIVE HUNDRED (500) FEET
BELOW THE SURFACE FOR ANY PURPOSE WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO DRILLING ANY WELL OR WELLS OR ANY OTHER ACTIVITY IN
CONNECTION WITH DEVELOPING, PRODUCING OR OPERATING THE MINERAL
INTERESTS (NOTHING HEREIN IS INTENDED TO PREVENT GRANTOR FROM USING
CITY STREETS AND OTHER PUBLIC WAYS). IT IS UNDERSTOOD AND AGREED,
HOWEVER, THAT BELOW A DEPTH OF FIVE HUNDRED (500) FEET BENEATH THE
SURFACE (HEREINAFTER CALLED THE "SUB-500 PORTION") GRANTEE MAY SLANT
DRILL UNDER SUCH LANDS, AND/OR DRILL WELL OR WELLS ON LANDS POOLED
THEREWITH, AND OTHERWISE CONDUCT OPERATIONS WHICH DO NOT INVOLVE THE
USE OF THE SURFACE (OR THAT PORTION OF THE SUBSURFACE OTHER THAN THE
SUB-500 PORTION) OF SUCH LANDS, IN ORDER TO REACH AND PRODUCE THE
OIL, GAS AND OTHER MINERALS IN AND UNDER SUCH SUB-500 PORTION OF SUCH
LANDS. IT IS RECOGNIZED THAT THE CERTAIN WELLS KNOWN AS THE ELLIOTT
NO. 1 WELL IS LOCATED ON THE ABOVE DESCRIBED LANDS AND IS PRODUCING
OIL AND GAS ATTRIBUTABLE TO THE MINERAL INTERESTS; GRANTEE AGREES TO
PLUG AND ABANDON SUCH WELLS ON OR BEFORE JANUARY 1, 1989, AND GRANTOR
AGREES THAT, NOTWITHSTANDING THE PRECEDING PORTION OF THIS
PAGE
OR-1508041
AMENDMENT NO. 1
PARAGRAPH, GRANTEE MAY USE THE SURFACE OF THE ABOVE DESCRIBED LANDS
TO OPERATE SUCH WELLS PRIOR TO SUCH JANUARY 1, 1989, AND TO CONDUCT
SUCH OPERATIONS AS MAY BE REQUIRED TO PLUG AND ABANDON SUCH WELLS AS
GRANTED TO ANGUS PETROLEUM CORPORATION IN A DEED RECORDED JULY 5,.
1988 AS INSTRUMENT NO. 88-319698 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM 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 SAID LAND BELOW A DEPTH OF 500
FEET, WITHOUT THE RIGHT OF SURFACE ENTRY AND AS RESERVED BY THE
HUNTINGTON BEACH COMPANY IN A DEED RECORDED `iOVEMBER 4, 1988 AS
INSTRUMENT NO. 88-569347 OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL WATER RIGHTS AS RESERVED BY HUNTINGTON BEACH
COMPANY IN DEED RECORDED NOVEMBER 4, 1988 AS INSTRUMENT NO. 88-569347
OF OFFICIAL RECORDS.
PARCEL 3:
THAT PORTION OF LOT 14 IN BLOCK 1901, SEVENTEENTH STREET AND PINE
STREET, ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED IN BOOK 9,
PAGE 13 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, SAID SEVENTEENTH STREET AND PINE STREET
HAVING BEEN VACATED BY RESOLUTION NO. 5989 OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH A CERTIFIED COPY OF WHICH WAS RECORDED MARCH
16, 1989 AS INSTRUMENT NO. 89-137620 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SEVENTEENTH
STREET, 70.00 FEET IN WIDTH AND A LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF UTICA STREET, 60.00 FEET IN WIDTH AS
SHOWN ON SAID MAP; THENCE NORTH 41 DEG. 19' 00" EAST 208.18 FEET
ALONG SAID CENTERLINE OF SAID SEVENTEENTH STREET; THENCE SOUTH 156.36
FEET PARALLEL WITH THE CENTERLINE OF LAKE AVENUE, 90.00 FEET IN WIDTH
AS SHOWN ON SAID MAP, TO THAT LINE PARALLEL WITH AND 696.00 FEET
NORTHERLY OF THE CENTERLINE OF SAID UTICA STREET; THENCE WEST 137.45
FEET TO THE POINT OF BEGINNING.
NOTE: EXCEPT AS HEREINAFTER SPECIFICALLY PROVIDED, GRANTEE AGREES
THAT, WITHOUT THE CONSENT OF GRANTOR IN WRITING BEING FIRST OBTAINED,
IT WILL NOT USE THE SURFACE OF THE LANDS DESCRIBED ABOVE OR THAT
PORTION OF SAID LANDS FROM THE SURFACE TO FIVE HUNDRED (500) FEET
BELOW THE SURFACE FOR ANY PURPOSE WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO DRILLING ANY WELL OR WELLS OR ANY OTHER ACTIVITY IN
CONNECTION WITH DEVELOPING, PRODUCING OR OPERATING THE MINERAL
INTERESTS (NOTHING HEREIN IS INTENDED TO PREVENT GRANTOR FROM USING
CITY STREETS AND OTHER PUBLIC WAYS). IT IS UNDERSTOOD AND AGREED,
HOWEVER, THAT BELOW A DEPTH OF FIVE HUNDRED (500) FEET BENEATH THE
PAGE 4
OR-1508041
AMENDMENT NO. 1
SURFACE (HEREINAFTER CALLED THE "SUB-500 PORTION") GRANTEE MAY SLANT
DRILL UNDER SUCH LANDS, AND/OR DRILL WELL OR WELLS ON LANDS POOLED
THEREWITH, AND OTHERWISE CONDUCT OPERATIONS WHICH DO NOT INVOLVE THE
USE OF THE SURFACE (OR THAT PORTION OF THE SUBSURFACE OTHER THAN THE
SUB-500 PORTION) OF SUCH LANDS, IN ORDER TO REACH AND PRODUCE THE
OIL, GAS AND OTHER MINERALS IN AND UNDER SUCH SUB-500 PORTION OF SUCH
LANDS. IT IS RECOGNIZED THAT THE CERTAIN WELLS KNOWN AS THE ELLIOTT
NO. 1 WELL IS LOCATED ON THE ABOVE DESCRIBED LANDS AND IS PRODUCING
OIL AND GAS ATTRIBUTABLE TO THE MINERAL INTERESTS; GRANTEE AGREES TO
PLUG AND ABANDON SUCH WELLS ON OR BEFORE JANUARY 1, 1989, AND GRANTOR
AGREES THAT, NOTWITHSTANDING THE PRECEDING PORTION OF THIS
PARAGRAPH, GRANTEE MAY USE THE SURFACE OF THE ABOVE DESCRIBED LANDS
TO OPERATE SUCH WELLS PRIOR TO SUCH JANUARY 1, 1989, AND TO CONDUCT
SUCH OPERATIONS AS MAY BE REQUIRED TO PLUG AND ABANDON SUCH WELLS AS
GRANTED TO ANGUS PETROLEUM CORPORATION IN A DEED RECORDED JULY 5,
1988 AS INSTRUMENT NO. 88-319698 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM 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 SAID LAND BELOW A DEPTH OF 500
FEET, WITHOUT THE RIGHT OF SURFACE ENTRY AND AS RESERVED BY THE
HUNTINGTON BEACH COMPANY IN A DEED RECORDED NOVEMBER 4, 1988 AS
INSTRUMENT NO. 88-569347 OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL WATER RIGHTS AS RESERVED 3Y HUNTINGTON BEACH
COMPANY IN DEED RECORDED NOVEMBER 4, 1988 AS INSTRUMENT NO. 88-569347
OF OFFICIAL RECORDS.
LM
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE 5
EXHIBIT "C"
OR-1508040
AMENDMENT NO. 1
FIRST AMERICAN TITLE INSURANCE COMPANY
114 EAST FIFTH STREET, (P.O. BOX 267)
SANTA ANA, CALIFORNIA 92702
(714) 558-3211
PACIFIC COAST HOMES
2120 MAIN STREET, SUITE 260
HUNTINGTON BEACH, CALIFORNIA
ATTN: WILLIAM HOLMAN
YOUR NO. (LAND EXCHANGE -PARCEL 1)
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR
INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT
SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF THE POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE
POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY
OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dt
AS OF AP
e
1989 AT 7:30 A.M.
ROGER C.\JREIMER - TITLE OFFI
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY WITH REGIONAL
EXCEPTIONS (STANDARD COVERAGE).
PAGE 1
OR-1508040
AMENDMENT NO. 1
TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON-
PROFIT PUBLIC BENEFIT CORPORATION.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-1990, A LIEN
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
3. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH FOR PUBLIC USE,
ALL PUBLIC HIGHWAYS, PARKS, COURTS, COMMONS, AND OTHER GROUND SHOWN
ON THE MAP OF SAID TRACT INTENDED FOR PUBLIC USE, EXCEPT THE RIGHTS
TO THE USE OF SAID STREETS, AVENUES AND ALLEYS FOR WATER PIPES AND
CONDUITS, RAILROADS, TELEPHONE POLES, WIRES AND CONDUITS, AND
INCIDENTAL PURPOSES, AS INDORSED ON THE MAP OF TRACT NO. 12.
4. ANY RESTRICTIONS COVERING THE FUTURE OF SAID LAND, AS DISCLOSED
BY A "STATEMENT FOR A REDEVELOPMENT PROJECT" RECORDED OCTOBER 5, 1982
AS INSTRUMENT NO. 82-350908 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
5. AN UNRECORDED LEASE, DATED JULY 15, 1986, EXECUTED BY CITY OF
HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION, A NONPROFIT
CORPORATION, AS LESSOR, AND CITY OF HUNTINGTON BEACH, A CHARTER CITY
AND MUNICIPAL CORPORATION, AS LESSEE, FOR THE TERM, AND UPON THE
TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, AS DISCLOSED BY
MEMORANDUM OF LEASE RECORDED AUGUST 13, 1986 AS INSTRUMENT NO.
86-359343 OF OFFICIAL RECORDS.
NOTE 1: AFFECTS ALL OF BLOCK 1903 OF TRACT NO. 12.
PAGE 2
OR-1508040
AMENDMENT NO. 1
NOTE 2: VARIOUS INSTRUMENTS MAY APPEAR OF RECORD AFFECTING OR
PURPORTING TO AFFECT THE INTEREST OF THE LESSORS AND LESSEES UNDER
SAID LEASE, BUT THIS REPORT DOES NOT COVER AN EXAMINATION OF OR
INSURANCE AS TO THE EFFECT THEREOF, OR THE PRESENT OWNERSHIP OR
CONDITIONS OF SAID LEASEHOLD.
6. AN ASSIGNMENT AGREEMENT, EXECUTED BY CITY OF HUNTINGTON BEACH
CIVIC IMPROVEMENT CORPORATION, A NONPROFIT CORPORATION, AND SECURITY
PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, RECORDED
AUGUST 13, 1986 AS INSTRUMENT NO. 86-359344 OF OFFICIAL RECORDS.
NOTE: AFFECTS ALL OF BLOCK 1903 OF TRACT NO. 12.
7. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF
UNRECORDED LEASES, IF ANY. KINDLY FORWARD SAID LEASES FOR OUR
EXAMINATION.
8. THE EFFECT OF AN INSTRUMENT ENTITLED "RESOLUTION NO. 5989",
RECORDED MARCH 16, 1989 AS INSTRUMENT NO. 89-137620 OF OFFICIAL
RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL
PARTICULARS.
PAGE 3
OR-1508040
AMENDMENT NO. 1
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 1, 3 AND 5 IN BLOCK 1903 AND THAT PORTION OF
SEVENTEENTH STREET, ALL OF TRACT NO. 12, AS SHOWN ON THE MAP RECORDED
IN BOOK 9, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID 'PORTION OF SEVENTEENTH
STREET HAVING BEEN VACATED BY RESOLUTION NO. 5989 OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH WAS
RECORDED MARCH 16, 1989 AS INSTRUMENT NO. 89-137620 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID SEVENTEENTH
STREET, 70.00 FEET WIDE AND A LINE PARALLEL WITH AND 840.00 FEET
WESTERLY OF THE CENTERLINE OF LAKE AVENUE 90.00 FEET IN WIDTH, AS
SHOWN ON SAID MAP; THENCE NORTH 191.41 FEET ALONG SAID PARALLEL LINE;
THENCE NORTH 45 DEG. 00' 00" EAST 24.04 FEET TO A LINE PARALLEL WITH
AND 375.00 FEET NORTHERLY OF THE CENTERLINE OF UTICA STREET; THENCE
EAST 166.20 FEET ALONG SAID PARALLEL LINE TO THE CENTERLINE OF SAID
SEVENTEENTH STREET; THENCE SOUTH 41 DEG. 19' 00" WEST 277.48 FEET
ALONG SAID CENTERLINE OF SEVENTEENTH STREET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM, ALL OIL, GAS, ASPHALT AND ASPHALTUM AND OTHER
HYDROCARBONS AND ALL OTHER MINERALS, WHETHER SIMILAR OR DISSIMILAR TO
THOSE SPECIFIED, LYING BELOW 500 FEET UNDER THE SURFACE OF SUCH REAL
PROPERTY, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY, WITHOUT,
HOWEVER, ANY RIGHT TO USE THE SURFACE OF SAID PROPERTY OR 500 FEET
UNDER THE SURFACE THEREOF FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY
THE HUNTINGTON BEACH COMPANY, A CORPORATION, IN DEED RECORDED
DECEMBER 17, 1969 IN BOOK 9166, PAGE 715 OF OFFICIAL RECORDS.
MS
PLATS (CC&R'S, IF ANY) ENCLOSED.
PAGE 4
EXHIBIT "D" '
ka ..
18019-23 J1[I{W:CFA:dr,, MAY 2.5 ' 99 F8492
A.P. 023-033-01, 02
023-040-06
When recorded, return to: 023-040-08 (por of)
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attention: City Clerk
FIRST AMENDMENT TO LEASE AGREEMENT
M A y'
THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated A4ai�eh C 1989, is
by and between the CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT
CORPORATION, a nonprofit corporation duly organized and existing the Nonprofit Public
Benefit Corporation Law of the State of California, as lessor (the "Corporation"), and the
CITY OF HUNTINGTON BEACH, a charter city and municipal corporation duly
organized and existing under the constitution and laws of the State of California, as
lessee (the "City");
WITNESSETH:
WHEREAS, the Corporation has heretofore leased certain land and improvements
to the City for civic center purposes of the City pursuant to that certain Lease Agreement
dated as of July 15, 1986, by and between the Corporation and the City as disclosed
pursuant to the Memorandum of Lease by and between the Corporation and the City
recorded in the Orange County Recorder's Office on August 13, 19.86, as Instrument
Number 86-359343 (the "Lease Agreement"); and
WHEREAS, the City and the Corporation wish to remove certain property from
the description of the premises leased pursuant to the Lease Agreement, and to add to
such description certain property to be obtained by the City in exchange therefor; and
WHEREAS, such amendment is permitted to be made pursuant to Section 9.01 of
the Trust Agreement dated as of July 15, 1986, by and among the City, the Corporation
and Security Pacific National Bank as trustee;
NOW, THEREFORE, in consideration of the above premises and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the
parties hereto agree as follows:
SECTION 1. Amend-ment of Description of Project Site. Exhibit A to the
Lease Aeement-:is hereby amendedin its entirety to read as set forth in Appendix A
hereto.
SECTION 2. Actions to Implement Amendment. The City and the
Corporation shall take all actions and execute and cause to be recorded this First
This document is solely f'or the
official business of the City
of Huntington Boaoh, as contem-
plated under Goverixment Code
Sec. 6103 and should be recorded
frae of charge.
Al•
1�
1
Amendment to Lease Agreement and any and all other documents necessary to
accomplish the amendment of the Lease Agreement pursuant hereto.
SECTION 3. Execution in Counterparts. This First Amendment to Lease
Agreement may be executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
SECTION 4. Applicable Law. This First Amendment to Lease Agreement shall
be governed by and construed in accordance with the laws of the State of California.
SECTION 5. Effective Date. The provisions of this First Amendment to Lease
Agreement and the amendments made hereby shall take effect from and after the date of
execution of this First Amendment to Lease Agreement by the parties hereto.
-2-
w
41
1
Yl,
1
IN WITNESS WHEREOF, the Corporation has caused this First Amendment to
Lease Agreement to be executed in its name by its duly authorized officers and sealed
with its seal; and the City has caused this First Amendment to Lease Agreement to be
executed in its name by its duly authorized officers and sealed with its seal, as of the
date first above written.
(S E A L)
Attest:
BY____-��Gs• G�G�
Secretary
(SEAL)
Attest:
By: e&� 7
City Cleric
CITY OF HUNTINGTON BEACH CIVIC
IMPROVEMENT CORPORATION, as lessor
By
President
CITY OF HUNTINGTON BEACH, as lessee
By"L—
Mayor
—3--
k
11
.ti
APPENDIX A
All that certain real property in the City of Huntington Beach, County of Orange,
described as follows:
-4-
•
IN WITNESS WHEREOF, the Corporation has caused this First Amendment to
Lease Agreement to be executed in its name by its duly authorized officers and sealed
with its seal; and the City has caused this First Amendment to Lease Agreement to be
executed in its name by its duly authorized officers and sealed with its seal. as of the
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this 15th day of June , 198 9 ,
before me, the undersigned, a Notary Public in and for said
State, personally appeared Wes Bannister and Connie Brockway
, known to me (or proved to me on the basis of
satisfactory evidence) to be the personas who executed the
within instrument as President and -Secretary of The
CITY OF HUNTINGTON BEACH.CIVIC IMPROVEMENT CORPORATION
:, the corporation,. therein named, and acknowledged to me
that 'they executed the within instrument.
WITNESS my hand and official seal.
(SEAL) OFFICIAL SEAL
BETTE BARILLA
Notary PuNIc—Cal forma
o ORANGE COUNTY
I4Y Comm. Exp. Jan. E, "W
By:
Cite Clerk
STATE OF CALIFORNIA ) Ss:
COUNTY OF ORANGE )
Signature of Notary Public
OFFICIAL SEAL
BETTE BARILLA
-� Notary Public -California
T ORANGE COUNTY
" My Comm. Exp. Jan. 8, 1990
n
On this �. day of 19 �9, before me,
a Notary Public in and for said Cou y and State, personally appeared
> �� n> i ; �' known to me to be the Mayor
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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SEAL
BETTE BARILLA ( r
Notary Public -California ,
ORANGE COUNTY
MY Comm. En' 'Jan 8. 1990 f
_ _ .
APPENDIX A
EXHIBIT A
The land, including the building and improvements thereon, on the following
described land:
Blocks 2001, 2002 and a portion of Block 1903 of Tract No. 12 in the City of
Huntington Beach, County of Orange, State of California, as shown on a map
recorded in Book 9, Page 13 of Miscellaneous Maps, Records of Orange County,
California, together with Park Street, Union Avenue, and the alleys in said Blocks as
shown on said map and as vacated in that certain "Resolution No. 3415" of the City
Council of the City of Huntington Beach, a certified copy of which was recorded
January 6, 1972 in Book 9956, Page 849 of Official Records of Orange County,
California.
Excepting therefrom those portions of Lots 1, 3 and 5 of Block 1903 of said Tract No.
12 lying within the following described parcel of land:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet in width, and a line parallel with and 840.00 feet westerly of the centerline of
Lake Avenue, 90.00 feet in width as shown on said map, said point bears north
41038'23" east 222.04 feet along said centerline of Seventeenth Street from the
centerline intersection of said Seventeenth Street and Utica Street, 60.00 feet in
width as shown on said map; thence north 0°19'06" east 191.19 feet along said
parallel line; thence north 45019'06" east 24.04 feet; thence south 89°40'54" east
166.03 feet to the centerline of said Seventeenth Street; thence south 41°38'23"
west 277.20 feet along said centerline of Seventeenth Street to the point of
beginning.
Also excepting therefrom that portion thereof lying Southeasterly
and Southerly of the following described line:
Beginning at the Westerly terminus of the course hereinabove
described as "South 89° 40' 54" East 166.03 feet"; thence along
said course South 89' 40' 54" East 123.64 feet to the True Point
of Beginning, said point being on a non -tangent curve concave
Southeasterly having a radius of 82.00 feet, a radial line of
said curve passing through said point bears North 820 32' 09"
West; thence Northeasterly along said curve through a central
angle of 340 10' 32" an arc distance of 48.91 feet; thence North
410 38' 23" East 365.76 feet to the beginning of a tangent curve
concave Southeasterly having a radius of 83.49 feet; thence
Northeasterly along said curve through a central angle of 48° 40'
43" an arc distance of 70.93 feet; thence South 890 40' 54" East
296.37 feet to the beginning of a tangent curve concave
Northwesterly having a radius of 34.00 feet; thence Northeasterly
along said curve through a central angle of 90° 00' 00" an arc
distance of 53.41 feet; thence South 890 40' 54" East 45.00 feet
to said centerline of Lake Street.
Also excepting therefrom, all oil, gas, asphalt and asphaltum, and other
hydrocarbons and all other minerals, whether similar or dissimilar to those
specified, lying below 500 feet under the surface of such real property within or
that may be produced from said property, without, however, any right to use the
surface of said property or 500 feet under the surface thereof for any purpose
whatsoever.
Parcel 2
That portion of Lot 2 of Block 1902 of Tract No. 12 in the City of Huntington Beach,
County of Orange, State of California, as shown on the map recorded in Book 9,
Page 13 of Miscellaneous Maps in the office of the County recorder of said County,
together with a portion of Seventeenth Street as shown on said map of Tract No. 12
and as vacated in that certain "Resolution No. 5989" of the City Council of the City
of Huntington Beach, a certified copy of which was recorded March 16, 1989 as
Instrument No. 89-137620 of Official Records of Orange County, California,
described as follows:
Beginning at the intersection of the northerly line of Utica Street, 60.00 feet in
width as shown on said map, and the centerline of said Seventeenth Street, 70.00
feet in width, said point bears north 41°38'23" east 39.93 feet along said centerline
of Seventeenth Street from the centerline intersection of Seventeenth Street and
Utica Street; thence north 41°38'23" east 182.11 feet along said centerline of
Seventeenth Street to a line parallel with and 840.00 feet westerly of the centerline
of Lake Avenue, 90.00 feet in width as shown on said map; thence south 0'19'06"
west 136.81 feet along said parallel line to the northerly line of said Utica Street;
thence north 89°39'33" west 120.24 feet along said northerly line to the point of
beginning.
Excepting therefrom, all oil, gas, asphalt and asphaltum, and other hydrocarbons
and all other minerals, whether similar or dissimilar to those specified, lying below
500 feet under the surface of such real property within or that may be produced
from said property, without, however, any right to use the surface of said property
or 500 feet under the surface thereof for any purpose whatsoever.
Parcel 3
That portion of Lot 14 of Block 1901 of Tract No. 12 in the City of Huntington Beach,
County of Orange, State of California, as shown on the map recorded in Book 9,
Page 13 of Miscellaneous Maps in the office of the County recorder of said County,
together with those portions of Pine and Seventeenth Streets as shown on said map
of Tract No. 12 and as vacated in that certain "Resolution No. 5989" of the City
Council of the City of Huntington Beach, a certified copy of which was recorded
March 16, 1989 as Instrument No. 89-137620 of Official Records of Orange County,
California, described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width as
shown on said map, said point bears south 41038'23" west 68.48 feet from an angle
point in said Seventeenth Street, said angle point being the westerly terminus of
that certain course described as "east 192.13 feet" as shown on said map of Tract
No. 12; thence south 0°19'06" west 155.89 feet parallel with the centerline of Lake
Avenue, 90.00 feet in width as shown on said map; thence north 89040'54" west
137.05 feet to the centerline of said Seventeenth Street; thence north 41038'23"
east 207.57 feet to the point of beginning.
Excepting therefrom that portion thereof lying Southerly of
:the following described line:
Beginning at the Westerly terminus of the course hereinabove
described in Parcel 1 as "South 890 40' 54" East 166.03 feet";
thence along said course South 890 40' 54" East 123.64 feet to
the True Point of Beginning, said point being on a non -tangent
curve concave Southeasterly having a radius of 82.00 feet, a
radial line of said curve passing through said point bears North
820 32' 09" West; thence Northeasterly along said curve through a
central angle of 340 10' 32" an arc distance of 48.91 feet;
thence North 41 ° 38' 23" East 365.76 feet to the beginning of a
tangent curve concave Southeasterly having a radius of 83.49
feet; thence Northeasterly along said curve through a central
angle of 480 40' 43" an arc distance of 70.93 feet; thence South
89° 40' 54" East 296.37 feet to the beginning of a tangent curve
concave Northwesterly having a radius of 34.00 feet; thence
Northeasterly along said curve through a central angle of 90° 00'
00" an arc distance of 53.41 feet; thence South 890 40' 54" East
45.00 feet to said centerline of Lake Street.
Also excepting therefrom, all oil, gas, asphalt and asphaltum, and,other hydrocarbons
and all other minerals, whether similar or dissimilar to those specified, lying
below 500 feet under the surface of such real property within or that may be
produced from said property, without, however, any right to use the surface of
said property or 500 feet under the surface thereof for any purpose whatsoever.
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1`1)- d- C)vy— d WA 1/1-1 r, 1k
'WK-AP(-9K Tlf.-`, NO K(:r
FIRST AMERICAN TITLE INSURANCE COMPANY
NATIONAL ACCOUNTS
114 EAST FIFTH STREET
SANTA ANA, CA 92701
(714-647-4469/558-3211 X6204)
(1-800-854-3643)
(FAX # 714-541-4702)
SUPPLEMENTAL ESCROW INSTRUCTIONS
ESCROW NUMBER: 1503771—SB/N AND 1503778—SB;N
DATE: JUKE 22, 1989
THE ORIGINAL ESCROW INSTRUCTIONS AND ANY SUPPLEMENTS THERETO ARE
HEREBY SUPPLEMENTED, AMENDED AND/OR MODIFIED IN THE FOLLOWING
PARTICULARS ONLY:
i HAND YOU HEREWITH A GRANT DEED (ATTACHED HERETO AS EXHIBIT "A")
WHICH YOU ARE AUTHORIZED AND INSTRUCTED TO RECORD UPON YOUR
CONCURRENT RECORDING OF GRANT DEED (ATTACHED HERETO AS EXHIBIT
"B") IN FAVOR OF THE UNDERSIGNED PURSUANT TO SUPPLEMENTAL ESCROW
INSTRUCTIONS DATED JUNE 23, 1989, HANDED YOU HEREWITH FULLY
EXECUTED BY ALL PARTIES.
ALL OTHER TEEMS, CONDITIONS AND PROVISIONS OF THIS ESCROW IF NOT
HEREIN MODIFIED OR CHANGED, SHALL REMAIN THE SAME.
END INSTRUCTION
THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION,
A 4QII —PROFIT LU T BE NE C PORATION
BY:
Sec ^ ,Vp4r �y
L--
By DePUt l,, c
Order No. • .
Escrow No. 1508040
Loan No. 1503778—SB/N
EXHIBIT "A"
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
1 SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $ ................................................
SAME AS ABOVE ...... Computed on the consideratiop or value of property conveyed; OR
..... Computed on the consideratio"n or value less liens or encumbrances
remaining at time of sale.
THE UNDERSIGNED GRANTOR_
Signature of Declarant or Agent determining tax — Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION, A NON—PROFIT PUBLIC BENEFIT
CORPORATION
hereby GRANT(S) to
CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION
the real property in the City of Huntington Beach
County of Orange State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Dated May 17, 1989
I
STATE OF CALIFORNIA )ss.
COUNTY OF )
On
before me, the undersigned, a Notary Public in and for said State, per-
sonally appeared___________._____
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same.
WITNESS my hand and official seal.
THE CITY OF HUNTINGTON BEACH CIVIC
IMPROVEMENTS CORPORATION, a Non-profit
public benefit corporation
Signatu
(This area for official notarial seal)
1002 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
That portion of Lots 1, 3 and 5 in Block 1903 and Seventeenth Street, all of Tract
No. 12 in the City of Huntington Beach, County of Orange State of California, as
shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the
office of the County Recorder of said County described as follows:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet wide, and a line parallel with and 840.00 feet Westerly of the centerline of
Lake Avenue, 90.00 feet in width, as shown on said map, said point bears North
41 Degrees 38' 23" East 222.04 feet along said centerline of Seventeenth Street
from the centerline intersection of said Seventeenth Street and Utica Street,
60.00 feet wide, as shown on said map;
thence North 0 Degrees 19' 06" East 191.19
feet along said parallel line; thence North 45 Degrees 19' 06" East 24.04 feet;
thence South 89 Degrees 40' 54" East 166.03 feet to the centerline of said
Seventeenth Street; thence South 41 Degrees 38' 23" West 277.20 feet along said
centerline of Seventeenth Street to the point of beginning.
Containing 0.434 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
Order No. 1508041
Escrow No. 1503771—SB/N
Loan No.
•
•
WHEN RECORDED MAIL TO:
EXHIBIT "B"
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $ ................................................
..... Computed on the consideration or value of property conveyed; OR
SAME AS ABOVE ...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
the undersigned grantor _
Signature of Declarant or Agent determining tax — Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF HUNTINGTON BEACH, CALIFORNIA, A MUNICIPAL CORPORATION
hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENTS CORPORATION,
A NON—PROFIT PUBLIC BENEFIT
the real property in the City of Huntington Beach
County of Orange State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Dated June 22, 1989
STATE OF CALIFORNIA ss.
COUNTY OF _I
On
before me, the undersigned, a Notary Public in and for said State, per-
sonally appearer,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within Instrument and acknowledged to me that he/she/they executed
the same.
WITNESS my hand and official seal.
r,- _
a
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
Signature
(This area for official notarial seal)
1002 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
C
_ x
•
EXHIBIT.'.'A"
OE I of 2
That portion of Lot 2 in Block 1902 and Seventeenth Street, all of Tract No. 12 in
the City of Huntington Beach, County of Orange, State of California, as shown on
the map recorded in Book 9, Page 13 of Miscellaneous Maps in the office of the
County Recorder of said County described as follows:
Beginning at the intersection of the Northerly line of Utica Street, 60.00 feet in
width, as shown on said map, and the centerline of Seventeenth Street, 70.00
feet in width, said point bears North 41'Degrees 38' 23" East 39.93 feet along said
centerline of Seventeenth Street from the centerline intersection of Seventeenth
Street and Utica Street; thence North 41 Degrees 38' 23" East 182.11 feet along
said centerline of Seventeenth Street to a. line parallel with and 840.00 feet_
westerly of the centerline of Lake Avenue, 90.00 feet wide, as shown on said
map; thence South 0 Degrees 19' 06" West 136.81 feet along said parallel line to
the Northerly line of said Utica Street; thence North 89 Degrees 39' 33" West
120.24 feet along said Northerly line to the point of beginning.
Containing 0.189 Acres, more or less.
That portion of Lot 14 in Block 1901, Seventeenth Street and Pine Street, all of
Tract No. 12 in the City of Huntington Beach, County of Orange, State of
California, as shown on the Map recorded in Book 9, Page 13 of Miscellaneous
Maps in the office of the County Recorder of said County described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width
as shown on said map, said point bears South 41 Degrees 38' 23" West 68.48 feet
from an angle point in said Seventeenth Street said angle point being the
Westerly terminus of that certain course described as "East 192.13 feet" as shown
on said map of Tract No. 12; thence South 0 Degrees 19' 06" West 155.89 feet
parallel with the centerline of Lake Avenue, 90.00 feet in width, as shown on said
map; thence North 89 Degrees 40' 54" West 137.05 feet to -the centerline of said
Seventeenth Street; thence North 41 Degrees 38' 23" East 207.57 feet to the
point of beginning.
Containing 0.245 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive. right from time to time
to drill and maintain wells or other works into or through the Property and the
i
0 i . 9
EXHIBIT "A" PAGE 2 of 2
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do r"ot i"clude an right to
of the Property or for the first five hundred y g use .the surface
conduct any operations thereon or therein. (500) feet below said surface or to
By acceptance and recordation of this deed
successors and assigns that the Property is acquired by Grantee covenants for itself, its
representations or warranties whatsoever, express y Grantee "AS IS" without any
r impliedand herebyGrantor from, any and all liability on account Of the condition o�ropert
of,
P per releases
y.
89--363Z95
JIIHW:CFA:dfs May 25 F8492
A,P. 023-033-01, 02.
v023-040-06
When recorded, return to: _
023-040-08 (por of)
RECORDED IN OFFICIAL RECORDS
City of Huntington Beach RECORDING REQUESTEDr BY OF ORANGE COUNTY, CALIFORNIA
2000 Main Street FIRST AMERICAN TITLE INS. CO,
Huntington Beach, California 92648 -245 PM JUL 10'89
�-. Attention: City Clerk iXPEMP
I C 14 Q. `� AECARDER
y
n EIRST AMENDMENT TO LEASE AGREEMENT
MA�'
THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated I
�I , 1989, is
by and between. the CITY OF HUNTINGTON BEACH CI\7IC IMPROVEMENT
CORPORATION, a nonprofit corporation duly organized and existing the Nonprofit Public
Benefit Corporation Law of the State of California. as lessor (the "Corporation"), and the
CITY OF HUNTINGTON BEACH, a charter city and the
corporation duly
organized and existing under the constitution and laws of the State of California, as
lessee (the "City");
WITNESSETH:
WHEREAS, the Corporation has heretofore leased certain land and improvements
to the City for civic center purposes of the City pursuant to that certain Lease Agreement
dated as of July 15, 1986, by and between the Corporation and the City as disclosed
pursuant to the Memorandum of Lease by and between the Corporation and the City
recorded in the Orange County Recorder's Office on August 13, 1986, as Instrument
Number 86-359343 (the "Lease Agreement"); and
WHEREAS, the City and the Corporation wish to remove certain property from
the description of the premises leased pursuant to the Lease Agreement, and to add to
such description certain property to be obtained by the City in exchange therefor; and
WHEREAS, such amendment is permitted to be made pursuant to Section 9.01 of
the Trust Agreement dated as of July 15, 1986, by and among the City, the Corporation
and Security Pacific National Bank as trustee;
NOW, THEREFORE, in consideration of the above premises and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the
parties hereto agree as follows:
SECTION 1. Amendment of Description of Project Site. Exhibit A to the
Lease Agreement is hereby amended in its entirety to read as set forth in' Appendix A
hereto.
SECTION 2. Actions to Implement Amendment. The City and the
Corporation shall take all actions and. execute and cause to be recorded this First
This document is solely for the
official business of the City
of Hun t4rigton Beach, as contem-
plated under Government Code
See. 6103 and should be recorded
free of charge.
89-3632
95
Amendment to Lease Agreement and any and all other documents necessary to
accomplish the amendment of the Lease Agreement pursuant hereto.
SECTION 3. Execution in Counterparts. This First Amendment to Lease
Agreement may be executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
SECTION 4. Applicable Law. This First Amendment to Lease Agreement shall
be governed by and construed in accordance with the laws of the State of California.
SECTION 5. Effective Date. The provisions of this First Amendment to Lease
Agreement and the amendments made hereby shall take effect from and after the date of
execution of this First Amendment to Lease Agreement by the parties hereto.
-2-
89-363295
IN WITNESS WHEREOF, the Corporation has caused this First Amendment to
Lease Agreement to be executed in its name by its duly authorized officers and sealed
with its seal; and the City has caused this First Amendment to Lease Agreement to be
executed in its name by its duly authorized officers and sealed with its seal, as of the
date first above written.
(S E A L)
Attest:
By
Secretary
(SEAL)
Attest:
By:
City Clerk
CITY OF HUNTINGTON BEACH CIVIC
IMPROVEMENT CORPORATION, as lessor
2
By
President
CITY OF HUNTINGTON BEACH, as lessee
By
Mayor
—3—
• 89-363295
APPENDIX A
All that certain real property in the City of Huntington Beach, County of Orange,
described as follows:
—4—
od joiL i�
0 APPENDIX A •
EXHIBIT A
The land, including the building and improvements thereon, on the following
described land:
PAQCG/ /
Blocks 2001, 2002 and a portion of Block 1903 of Tract No. 12 in the City of
Huntington Beach, County of Orange, State of California, as shown on a map
recorded in Book 9, Page 13 of Miscellaneous Maps, Records of Orange County,
California, together with Park Street, Union Avenue, and the alleys in said Blocks as
shown on said map and as vacated in that certain "Resolution No. 3415" of the City
Council of the City of Huntington Beach, a certified copy of which was recorded
January 6, 1972 in Book 9956, Page 849 of Official Records of Orange County,
California.
Excepting therefrom those portions of Lots 1, 3 and 5 of Block 1903 of said Tract No.
12 lying within the following described parcel of land:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet in width, and a line parallel with and 840.00 feet westerly of the centerline of
Lake Avenue, 90.00 feet in width as shown on said map, said point bears north
41°38'23" east 222.04 feet along said centerline of Seventeenth Street from the
centerline intersection of said Seventeenth Street and Utica Street, 60.00 feet in
width as shown on said map; thence north 0019'06" east 191.19 feet along said
parallel line; thence north 45°19'06" east 24.04 feet; thence south 89°40'54" east
166.03 feet to the centerline of said Seventeenth Street; thence south 41"38'23"
west 277.20 feet along said centerline of Seventeenth Street to the point of
beginning.
Also excepting therefrom that portion thereof lying Southeasterly
and Southerly of the following described line:
Beginning at the Westerly terminus of the course hereinabove
described as "South 890 40' 54" East 166.03 feet"; thence along
said course South 890 40' 54" East 123.64 feet to the True Point
of Beginning, said point being on a non -tangent curve concave
Southeasterly having a radius of 82.00 feet, a radial line of
said curve passing through said point bears North 82' 32' 09"
West; thence Northeasterly along said curve through a central
angle of 34° 10' 32" an arc distance of 48.91 feet; thence North
410 38' 23" East 365.76 feet to the beginning of a tangent curve
concave Southeasterly having a radius of 83.49 feet; thence
Northeasterly along said curve through a central angle of 48° 40'
43" an arc distance of 70.93 feet; thence South 890 40' 54" East
296.37 feet to the beginning of a tangent curve concave
Northwesterly having a radius of 34.00 feet; thence Northeasterly
along said curve through a central angle of 90° 00' 00" an arc
distance of 53.41 feet; thence South 890 40' 54" East 45.00 feet
to said centerline of Lake Street.
Also excepting therefrom, all oil, gas, asphalt and asphaltum, and other
hydrocarbons and all other minerals, whether similar or dissimilar to those
specified, lying below 500 feet under the surface of such real property within or
that may be produced from said property, without, however, any right to use the
surface of said property or 500 feet under the surface thereof for any purpose
whatsoever.
Parcel 2
That portion of Lot 2 of Block 1902 of Tract No. 12 in the City of Huntington Beach,
County of Orange, State of California, as shown on the map recorded in Book 9,
Page 13 of Miscellaneous Maps in the office of the County recorder of said County,
together with a portion of Seventeenth Street as shown on said map of Tract No. 12
and as vacated in that certain "Resolution No. 5989" of the City Council of the City
of Huntington Beach, a certified copy of which was recorded March 16, 1989 as
89=363295
Instrument No. 89-137621'of Official Records of Orange Count , California,
Y
described as follows:
Beginning at the intersection of the northerly line of Utica Street, 60.00 feet in
width as shown on said map, and the centerline of said Seventeenth Street, 70.00
feet in width, said point bears north 41°38'23" east 39.93 feet along said centerline
of Seventeenth Street from the centerline intersection of Seventeenth Street and
Utica Street; thence north 41°38'23" east 182.11 feet along said centerline of
Seventeenth Street to a line parallel with and 840.00 feet westerly of the centerline
of Lake Avenue, 90.00 feet in width as shown on said map; thence south 0°19'06"
west 136.81 feet along said parallel line to the northerly line of said Utica Street;
thence north 89°39'33" west 120.24 feet along said northerly line to the point of
beginning.
Excepting therefrom, all oil, gas, asphalt and asphaltum, and other hydrocarbons
and all other minerals, whether similar or dissimilar to those specified, lying below
500 feet under the surface of such real property within or that may be produced
from said property, without, however, any right to use the surface of said property
or 500 feet under the surface thereof for any purpose whatsoever.
Parcel 3
That portion of Lot 14 of Block 1901 of Tract No. 12 in the City of Huntington Beach,
County of Orange, State of California, as shown on the map recorded in Book 9,
Page 13 of Miscellaneous Maps in the office of the County recorder of said County,
together with those portions of Pine and Seventeenth Streets as shown on said map
of Tract No. 12 and as vacated in that certain "Resolution No. 5989" of the City
Council of the City of Huntington Beach, a certified copy of which was recorded
March 16, 1989 as Instrument No. 89-137620 of Official Records of Orange County,
California, described as follows:
Beginning at a point on the centerline of Seventeenth Street, 70.00 feet in width as
shown on said map, said point bears south 41038'23" west 68.48 feet from an angle
point in said Seventeenth Street, said angle point being the westerly terminus of
that certain course described as "east 192.13 feet" as shown on said map of Tract
No. 12; thence south 0019'06" west 155.89 feet parallel with the centerline of Lake
Avenue, 90.00 feet in width as shown on said map; thence north 89°40'54" west
137.05 feet to the centerline of said Seventeenth Street; thence north 41°38'23"
east 207.57 feet to the point of beginning.
Excepting therefrom that portion thereof lying Southerly of
the following described line:
Beginning at the Westerly terminus of the course hereinabove
described in Parcel 1 as "South 89° 40' 54" East 166.03 feet";
thence along said course South 89° 40' 54" East 123.64 feet to
the True Point of Beginning, said point being on a non -tangent
curve concave Southeasterly having a radius of 82.00 feet, a
radial line of said curve passing through said point bears North
820 32' 09" West; thence Northeasterly along said curve through a
central angle of 340 10' 32" an arc distance of 48.91 feet;
thence North 41 ° 38' 23" East 365.76 feet to the beginning of a
tangent curve concave Southeasterly having a radius of 83.49
feet; thence Northeasterly along said curve through a central
angle of 480 40' 43" an arc distance of 70.93 feet; thence South
89° 40' 54" East 296.37 feet to the beginning of a tangent curve
concave Northwesterly having a radius of 34.00 feet; thence
Northeasterly along said curve through a central angle of 90° 00'
00" an arc distance of 53.41 feet; thence South 890 40' 54" East
45.00 feet to said centerline of Lake Street.
Also excepting therefrom, all oil, gas, asphalt and asphaltum, and other hydrocarbons
and all other minerals, whether similar or dissimilar to those specified, lying
below 500 feet under the surface of such real property within or that may be
produced from said property, without, however, any right to use the surface of
said property or 500 feet under the surface thereof for any purpose whatsoever.
89-3bkYb
STATE OF CALIFORNIA ) ss•
COUNTY OF ORANGE )
On this �.� day of -� 19 P, before me,
a Notary Public in and for said CoLirAy and State, personally appeared
QE �, no i S e , known to me to be the Mayor
and0,)p)��J 1 - c. <«) fj j 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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
' OFFICIAL SEAL
BETTE BARILLA
Notary Public -California
= ORANGE COUNTY
My Comm. EYp..Jan. 8, 1990
STATE OF CALIFORNIA
COUNTY OF ORANGE
c
- m--"j (� Q
) ss .
On this 15th day of June , 198 9 ,
before me, the undersigned, a Notary Public in and for said
State, personally appeared Wes Bannister and Connie Brockway.
, known to me (or proved to me on the basis of
satisfactory evidence) to be the person:s,who executed the
within instrument as President and -Secretary of The
CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT.CORPORATION
, the corporation therein named, and acknowledged to me
that they executed the within instrument.
WITNESS my hand and official seal.
n
S gnature of Notary Public
(SEAL)-
�` OFFICIAL SEAL
BETTE BARILLA Y OFFICIAL SEAL
Notary Public Californla y BETTE BARILLA
o ORANGE COUNTY "& Notary Public -California
ORANGE COUNTY
" My Comm. Exp. Jan. a, *0
' - My Comm. FExp. Jan. 8, 1990
61
A,P. 023-033 89-:363297
Recording Requested by and Documentary Transfer Tax $
when Recorded Mail to: Computed on full value of
property conveyed.
Pacific Coast Homes
2120 Main Street, Suite 260 RECORDING REQUESTED BY
Huntington Beach, Ca. 92648 FIRST AMERICAN TITLE 1NS. CO.
I Attn: Mr. J. W. Johnson
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
with a conformed copy to: Q EXEMPT -245 PM JUL 10-89
City of Huntington Beach C1�
2000 Main Street �D
Q Huntington Beach, Ca. 92648 �F� Q'�RECORDER
.� Attn: City Clerk
Mail Statements to:
Pacific Coast Homes
2120 Main Street, Suite 260
Huntington Beach, Ca. 92648
Attn: Mr. J. W. Johnson
This document is solely for the
official business of the City
of Huntington Beach, as contem—
plated under Government Code
GRANT DEED See. 6103 and should be recorded
tree of charge.
For a valuable consideration, receipt of which is hereby acknowledged, City
of Huntington Beach, California, a municipal corporation ("Grantor"), hereby grants
to Pacific Coast Homes, a California corporation ("Grantee"), the real property in the
County of Orange, State of California, described as follows and hereafter referred to
as the "Property":
That portion of Lots 1, 3 and 5 in Block 1903 and Seventeenth Street, all of Tract
No. 12 in the City of Huntington Beach, County of Orange State of California, as
shown on the map recorded in Book 9, Page 13 of Miscellaneous Maps in the
office of the County Recorder of said County described as follows:
Beginning at the intersection of the centerline of said Seventeenth Street, 70.00
feet wide, and a line parallel with and 840.00 feet Westerly of the centerline of
1
Lake Avenue, 90.00 feet in width, as shown on said map, said point bears North
41 Degrees 38' 23" East 222.04 feet along said centerline of Seventeenth Street
from the centerline intersection of said Seventeenth Street and Utica Street,
60.00 feet wide, as shown on said map; thence North 0 Degrees 19' 06" East
191.19 feet along said parallel line ; thence North 0 Degrees 19' 06" East 191.19
feet along said parallel line; thence North 45 Degrees 19' 06" East 24.04 feet;
thence South 89 Degrees 40' 54" East 166.03 feet to the centerline of said
Seventeenth Street; thence South 41 Degrees 38' 23" West 277.20 feet along said
centerline of Seventeenth Street to the point of beginning.
Containing 0.434 Acres, more or less.
Subject to all matters that can be ascertained by a reasonable inspection or a
survey of the Property, and all matters appearing of record in the office of the
Recorder of said County, including all conditions, covenants and restrictions and all
exceptions and reservations; specifically
Excepting therefrom all oil, gas and other hydrocarbons, and all geothermal
resources as defined in Section 6903 of the California Public Resources Code and all
other minerals, whether similar to those herein specified or not, within or that may
be produced from the Property; and
Further excepting therefrom, the sole and exclusive right from time to time
to drill and maintain wells or other works into or through the Property and the
adjoining streets, roads, and highways below a depth of five hundred (500) feet and
to produce, inject, store, and remove from and through such wells or works, oil, gas,
water and other substances of whatever nature, including the right to perform
below said depth any and all operations necessary or convenient for the exercise of
such rights.
The rights hereinabove excepted do not include any right to use the surface
of the Property or for the first five hundred (500) feet below said surface or to
conduct any operations thereon or therein.
By acceptance and recordation of this deed, Grantee covenants for itself, its
successors and assigns that the Property is acquired by Grantee "AS IS" without any
2
0
0 89=363297
representations or warranties whatsoever, express or implied, and hereby releases
Grantor from, any and all liability on account of the condition of the Property.
In witness whereof, Grantor has executed this instrument this /7751day of
May, 1989.
City of Hunt
a municipal
the State of
BY:
MAYOR
Agreed and accepted this
day of May,1989.
GRANTEE: PACIFIC COAST HOMES,
a I" rnia corporation
By: /
By: Assistant Secretary . Treasurer
ATTEST:
R I lj� 07�
REVIEWED AND APPROVED:
BY:
(Acknowledgement)
ngton Beach,
;orporation of
:alifornia
APPROVED AS TO FORM:
BY:
f`4r. BTYI
M
�' 0
TED AND APPROV
iA INISTRATOR/DIRECTOR
OF ECONOMIC DEVELOPMENT
3
89=363297
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
On May Jq , 1989, before me, the undersigned, a Notary Public in and for said
State, personally appeared before me �)
and
, personally known to me (or proved to me on the
basis of sa -factory evi ence) to be the persons who executed the within instrument
as the
U ��R 4-1-,� � and (;�,� �, on behalf of PACIFIC
COAST HOMES, the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws or a resolution of
its board of directors.
WITNESS my hand and official seal.
----------------
Notary Public
1AVIM SIDE FtLLWON
NOTARtl P( BLOC- CAUFQiIIA
ORANGE CGtKry
MY Cff"SSION EItP. OCT I. MI
® 89=36329T
EXHIBIT "A"
STATEMENT OF DOCUMENTARY TRANSFER TAX DUE
(Name of one grantor)
'and
�a.cI ( C06s Ie�
C(Name of one grantee)
The undersigned declares that the documentary transfer tax is
$ 416.Cl o and is
❑ computed on the full value of the interest or property,
conveyed, or is
computed on the full value less the value of liens or
encumbrances remaining thereon at the time of sale.
The land, tenements or realty is located in
❑ an unincorporated area in the county, or
-the city of {-( UN'7�/I>GO�V
(Signature of declarant or signature of declarants agent)
. • • 89=363297
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the document to
which this statement is attached reads as follows:
Name of Notary:
Date Commission Expires:_ �Q2iYj CJ �C .
County where bond is filed: 0(Za/J/j&'-'=-
Place of Execution:
Date
Santa Ana, California
Roger C. Reimer
First American Title Insurance Company
GOVERNMENT CODE 27161.7
I
tv
I certify under the penalty of perjury that the notary seal on the document to
which this statement is attached reads as follows:
Name of Notary: L•.QvW Ct- S
Date Commission Expires:
County where bond is filed:
Place of Execution: Santa Ana, California
Date Rover C. Rei er
89=3b3lyr.
STATE OF CALIFORNIA i Ss:
COUNTY OF ORANGE )
On this I ( C_Cday of 19 §J—, before me,
a Notary Public in and for said Cou ty and State, personally appeared
S known to me to be the Mayor
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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SEAL
BETTE BARILLA o
Notary Public-GMbn►la c_ �_i-�.1 „� �_
• ORANGE COUNIY
MY Comm. Epp. ,jw. I, we