HomeMy WebLinkAboutWALTER D. POSEY - 1979-12-031t
INDEMNITY AGREEME11T
;AF
THIS INDEMNI1.1-Y AGREEMENT is made b,; and between WALTER D.
POSEY, an individual, hereinafter called "I.NDEMNITOR", :.!nd the
CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter cal.leu "CITY".
RECITALS
A. WHEREAS, II`,DEMN.:TOR is tie rec-rd owner of certain reAl
property in the City of Huntington Beach, California, and.;
'I. CITY is desirous of acquiring said Leal property and
INDErINITOR is desirous of selling sane to CITY, and;
C. The title to the subject property is clouded by the pre-
senge of certain spurious deeds and assignments against which
TNDEMNITOR is willing to indemnify CIT , to the extent of his
sale price,
NOW, THEREFORZ, for and in consideration o!7 the mutual promises
contained herein, the sal.. price and exchange of the title to the
subject real property, receipt of which is hereby acknowledgeu,
and the CITY's promise to timely bring an action to quiet title
to the land, the parties do covenant and agr,Fe as follows:
I. SCOPE OF INDEMNITY
IIIDE14NITOR undertakes to inden,-U ,fy CITY from any
and all liability, losses, k r damages CITY may as a result
of claims., demand.:, costs, or judgments against CITY arising out
of an action brought by CITY to _quiet title to the uubject prop-
Jtf/9/7 ort;; in OXTY.
INDEMNITY AGREEME11T
;AF
THIS INDEMNI1.1-Y AGREEMENT is made b,; and between WALTER D.
POSEY, an individual, hereinafter called "I.NDEMNITOR", :.!nd the
CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter cal.leu "CITY".
RECITALS
A. WHEREAS, II`,DEMN.:TOR is tie rec-rd owner of certain reAl
property in the City of Huntington Beach, California, and.;
'I. CITY is desirous of acquiring said Leal property and
INDErINITOR is desirous of selling sane to CITY, and;
C. The title to the subject property is clouded by the pre-
senge of certain spurious deeds and assignments against which
TNDEMNITOR is willing to indemnify CIT , to the extent of his
sale price,
NOW, THEREFORZ, for and in consideration o!7 the mutual promises
contained herein, the sal.. price and exchange of the title to the
subject real property, receipt of which is hereby acknowledgeu,
and the CITY's promise to timely bring an action to quiet title
to the land, the parties do covenant and agr,Fe as follows:
I. SCOPE OF INDEMNITY
IIIDE14NITOR undertakes to inden,-U ,fy CITY from any
and all liability, losses, k r damages CITY may as a result
of claims., demand.:, costs, or judgments against CITY arising out
of an action brought by CITY to _quiet title to the uubject prop-
Jtf/9/7 ort;; in OXTY.
2. PERIOD COVERED
The indemnity herein provided will extend from
the effective date of this Agreement to and including the date
of Final Entry of J'udgmet.. in the above -mentioned actio.: to
quiet title, or one year from. the effective date hereof, which-
ever last occurs, provided, however, that no liability shall
accrue to INDEMNITOR under this Agreement should the CITY fail
to institute an ac*,ion to quiet ;itl,: to the subject property
within one year from the effective date hereof.
The effective date of this Agreement shall begin
on the day next Fallowing the execution of this Agreement by all
parties hereto.
3. LIMITATION OF LIABILITY
INDEMNITOR's liability under this contract shall
In no event exceed the sum of One Thousard rive Hundred Dollars
($1,500).
4. EXPENSES,, ATTORNEYS' FEES AND COSTS
Should it become necessary for purposes of res .sting,
adjusting or compromis'ng any claims di, de.nands arising out of the
subject matter with respect to which indemnifleation is provided
by this Agreement, or for purposes of enforcing this Agreement,,
for CITY to incuir any expenses, or become obligated to pay any
attors` fees or court costs, INDEMNITOR agrees to reimburse
CITY for such expenses, attorneys' fees, or costs within a reason-
able time, in zoo event to exceed ni.riety (90) days, after receiving
written notice from CITY of the incurring of such expenses,
attorneys' fees, or casts.
2.
a
M C�
5. NOTICE OF CLAIM AGAINST INDEMNITOR
CITY shall give INDEMNITOR ninety (90) days written
notice of any claim with respect to the subject matter of this
Agreemen`
b. BI;3fING :AFFECT
The terms of this Indemnity Agreement shall bind
and inu°e to the benefit of the parties and their heirs, Legal
representatives, succr- ores, and sssigns.
IN WI.INESS WHEREOF the parties hereto have affixed their
signatures on the dates so indicated below.
Date:-6f"C-:-� C2.2 L� 1
Date: a?�`y/
A'MEST
City Olerk
APPROVED
ity Administrator
WAL'J'SR DANIEL POSE
CITY OF HC ZNGTON BEACH
�
Mayo r
APPROVED AS TO FORM:
pityAttorney �
3.
'itl of Huntington Beach � � `� 2
q�
imrt t! nc(ton beach, CA 92646 `•1 � �
h' TU, Charles W. MatYeis,, 4rr. � •�` 1'�j7
Rf t URv- 'fir REQUEST 05s
TITLF'. � & CRUST
M rtfrtrtAL ftMORDA M { r
y r n W JAN 14) 19W�
I•
M A. MAWA i. "0* 4WM.I s
Free Reco€din—v Raquestvd: WARRANTY IMF: F) i
Es'enriet to acquisition hl
E � ftu ¢.ftih ,y, rar Ut4l7r
i.,'V. cage 610
Warranty deed made < ,I. J r" try WAi TER DANIEL
POSEY, or 520 forth Brookhurst Street, Anaheim, County of Oranre,
State of California, a mF-'vied man as his sole and separate
property, Grantor, to CITY OF HUNTINGTON f3FAVI, a municipal
corporation of the State of California, Grantee.
Grantor, in cG.,sideration of One Thousai.d Pive Hundrr d
Dollars 0 ,5(jo), paid by Grantee to Graator, thn receipt o"
which i5 hereby acknowledged, does hereby grant to Grant*se a.t
its heirs and assigns forever the following described proper
wh»,ch is situated in the County of Orange, State of Califor—i _-
Lot 117 A-n Tract go. 185, as per map
recorded in Book 12, page 28 of M� sael-.
laneous Maps, records of Orange Coanty.
together with the tenements, hereditarnente, and nrppurteo:in—(, :
thereto belonging, and the rents, Issues, and profit* tier"-,W,
`1rantor bereby warranto that he and o is heirs shall waret, ; I -
and defend the property conveyed to Grantee a.rnt� 3 heira and
assigns against the a iwi't l claims of any person or persons whorlt—
soeve r° x
t
Executed at , on the date
first above written.
tA
17
02- 94 T, 7�-_-i
P!5
State of California
Cw_nty of Orange
On OCT 2 2 1979
before me the
undersigned, a Notary
1
Public, in and for said
State, personally
appeared WALTER DANIEL
POSER, known to me to be
the person whoBe
name is subscribed
to the within instrMent
and acknowledged
to me that he �xec4ted
the same.
In witness whe)L?!of,
I have hereunto
set my hand tnd affixed
my official seal in the
County of Orange,
the day and year first
above written.
Notary ?ubl
My Commission Zxpires
BK 13463fist
City of Huntington each,
P.O. Box ISO CALIFORNIA 9V
REED CERTIFICATION
Tits to to certify that the intetest in real property conveyed by the
deed date -;I from Waller 0. Posey
to the City of Hui 8,.ton Beach a municipal tor Oration, is hereby
accepted by the undersigned Officer oxn agent ogehalf of the City
Cotm,tll of the CrTY OV HWUNGTOO BEACH, pursuant: to the authority
oonfe,rred by Revolution No. 3537 Of Lbe City Council of the City of
Huntington Beach adoVted on August 7, 1572, and the grantee consent$
tv the retoedation thereof by its duly authorized officer.
Dated; MY OF HUNTINOTON VkFACH
AUCIA M. WZNTMM
amitye
REQUEST FOR CITY COUNCIL ACT10fiq
.GAIL HUTTON, CITY ATTY.. Department_CITY ATTORNEY
Daw-Prepared November 29 , 1979 Backtip Material Atteched E] Yes 0 No
Subject Sunset Heights Neighborhood Park; Posey Lots, Acquisition
ff3uestedbar Community Services
City A_,iministrator's Comments
APPROVED By CITY COUNCIL
12-3
PAC
CITYCURK
Statement of tissue, Recommendation, Analos, Funding Source, Alternative Actions:
3TATEMENT OF ISSUE:
On December 12,-1777, the City Council adopted a resolution authorizing con-
lemnation of various lots In the Sunset Heights area for public park pur-
poses. The subject lot is being purchased as part or the park development.
ThIs property was not included in the proposed condemnation because voluntary
aj-,reempnt to purchase was reached with thes owner, Mr. Posey. The subject lot
han o.everal spurious clouda on the title. Posey, as record owner, will sell
t h property to City for $1,500, which money is In escrow, and Posey will
I i
�jaiz,msillty Vity against any losses (up to the amount or purchase price) for
-arty logal vlalm: P-1tabliz.hed In a quiet. title action brought by City. It
it-, moro expedient to clear the title throup,�A a qL!et title action than tbroult.h
s.mlnpvt dDmliln. This agreement will rnemortali;e this understanding.
Approve at.LTE—hed agreement and authorize
1 3
101 4!'y" 1'�:
, "ki
Aueemtent will buttress warranties already contained In the deed, and giv(*
the ;"Ity an action on contract, should one become necessary. The various
background materials, including the agreement, deed, map, and title report,
are attaohed.
FUNDINO SOURCE:
Punaa 111 are already
ALTERNATIVE -
Purs5—oil—milar act ton through
t1on.
from Park Land Acquisition
the much no-e burdensome
z
!,
TITLE 1,49 j"ANCC
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AND TI=UST
p
Orango County Mica
t100 North Alain Street Santa Ana, Cahh;rntz 32702 7t4 S4 T 3333
ty
;— IMPOIcrart,.tNT
r
When replying refer to
Our No. 573302-0
CITY OF HUNiYPtGTOPi BEACH �.. ...._.
DEPT. OF RECREATION AND PARKS
P. O, sox 190 Yovr N POSEY
t HUNTINGTON BEACH,, CA 92648
AiT14: NORM WORTHY
In n-spoct.sc to the 41vovc rricrtnccd application for a Irslicy of title insurance, Tick Insumore .tnd'trost Cotrpaoy
t hereby reports that it rs prepared to is,uc, or cause to be ksucd, as of the date herarf, a Californo heel TWe Asscct.tu>.,t
Sratxlard Covctzge Form policy of Title insurance desaibtngv the land and the estate or uttersc therein hereinafter s-c
t hctlt, ir,=ing against loss which may be sustained by �, ason of any acfect, ticn or trwombrarr. • ret sEowr% or referred
to its an Exceptioca below or nor excluded from coverage pursuznr to the printed Schedules, CorrNtion: ,--.d St!puluians
of said policy forte.
i
I 'Mu mport (aril any suppleracnts or amendments themo) is issued so:ciy f tr the purpose of : cdi:A:ing the
j iuuuzc of a policy of title insurance and no tiabiiizy is assumed hereby If it is ricsiro! thaz lik;htr be ass::t:;ctl briar to
the issuatmtPc of a policy of title insumn -e, a Binder or Commitmcnt sluuld be requestv.
tC
r D ved as of...,._.....NV
Ft. F. LA14R=-NCdi a c
9 Ttv c=te oe< atcrssr m the land hereinaf►er dacr'tbed or referred to covered by this Fe;pe.- is a fe-.
°3"rafre to said mac or interest at the *.late herenf is vested in:
WLATER DAWEL POSEY.
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14
At the due hereof exceptions to coyt Age in uMitian to the printed exc apdv'u and excimions cc,ntaittcd iax sa'd -3r''<Y
form would be as follows:
i'
f 1 p TAXE`-s. AND BONDS TO FOLLOW.
t
2. JAN EASEMENT OVER SAID LAND FOP, STREETS, PIPE LINES, ROADSp
POWER AND TEt ,>�'HONE LINES,* A4 7 11-N ?ENTAL f'e' P? SS• E" ^
THE �i:NEFIT OF OTPSriv:vWKRS IN SAID 't'nACT NO. 13% loci iRF-SE t ED
I IN THE DEEb FROM S-CURIYY 1RUST AND SAVINGS BANK (F()x;M7^?,Y
1 LONG BEACH 'itRt)S-r AND SAVINGS SANK) 9ECOft0E0 CIA XUA.1" IS, t "21 4T H
ti BOOK 410 "'AGE ��6 OF DEEDS AND 0TKER DEEDS OF RC-0310 9'
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3.a A DEED OF T"UST TO SECURE AN INDEBTEDNESS OF $4, 007.00
RECORDED AUGUST S, 1965 IN nOOK 76,10 PACE 93,
OFFICIAL RECORDS, AS INSTRUMENT NO. 3936,
AFFECTING LOT 117.
DATED JULY 29, IS65.
TAVSTOR JOHN A. CARR .
TRUSTEE UNION BANK, A CALIFORNIA CORPORATION.
BENEFICIARY UNION BANK,, A CALIFORNIA CORPORATION.
4. AN ACTION IN THE COURT HERELNAF'rEg SHOWN A5 DISC;.OSED SY
LIS PENOENs RECORDED MAY 17, 1973 IN BOOK 10701 PAGE 7E7,
OFFICIAL k,-.CORDS, AS INSTRUMENT NO. 19348. f; .
ENTITLED WILL,IAM D. 30FARD, JR., VS. CORA. M. CAM, ET A.L.
CASE NO. 202 763, SUPERIOR COURT OF THE STA`M OF CALIFORNIA
FOR THE COUNTY OF ORANGE. �?
NATURE OP ACTION QUIET TITLE.
S. THE EFFECT OF A DEED MATED APRIL 18, 1973, fVcrORCED APgIL 26,
1974 IN BOOK 11129 PADS 613 OF OFFICIAL. RECORDS, EX-MTED ?Y
PAULAA K, STrTFORD, A SINGLE WtlVAN, rH FAVOR 4` C. D. rAN'E:.,
PORPORTING TO CONVEY 7KIE' HEREIN DESCRIBED PRC'ERTY_ SO FAq
AS THE RECORDS SHOW ' r,AID GRANTOR HAD NO !N2ER�S'. 1% SAD IVIROPERTY
AT TH4 DATE OF SAID DEED NOR HAS SHE SINCE ACiU."RED -01�..
64 A DEED OF TRUST =r SECURE AN INDEBTEDNESS OF 30NO
RECORDED 4 MAY 179, 1974 IN € OOK 11155 PAGE .1918..
OFFIC AL RECORDS, AS XNSTtt°.;M NT NO. 292 :7.
DATED KAY 14, 1974,
TRUSTOR T HOMAS GORDON COULTRUP.
TRUSTEE HARRY 1.. RUSIN, XSEPH JOBL.IN AND MARRY
CiCiLQSTE I N 4
OENEPIOIARY t ROY A. BRYANT.
'T . THE EFFE T OF A TAB: DEED DATED DZCEMBER C, 1974, 9E:,ORD5a
IN POOK 11502 PAGE 750, OFFICIAL RECORFS, E CECU7ED BY 908--A T
. CITRON, IN FAVOR OF lHE CITY OF `i'J;4TTNGTO4- plARCHI
TO CON;F-Y THE, HEREIN DESCRIBED' PROP-= T', .
S AN ACTION Its THE COURT HEREINAMR SHOWN AS VISCa OcEO 5Y
LIS MDENS RECORDED FEBPtJARY '26,0 1' 773 I; BOOK 11.347 PAGE 375,
OFFICIAL RtCORDSo AS I oS"t` UMENT NO. 1700.
ENTITLED _ SET'r" CARP "4sL,L:N4S, VS, JO:-N A, yA^�,
ma mo. 2�p09�g6077e,,gSUP��EyI��M". ".:OURS' OF CAILTFORN 1
TU OF ,ACTION b QUIET`` TITLE,
tj
4
9� THE EFFECT OF A DEED DARED FEORUA Y 25, 1975, Rt_CORi3rD
FEBRUARY 27 1975 IN BOOK 223u9 PAGE 101 OF OFFICIAL REC9RDS
EXECUTED BY C. M. DANIEL, AN ANMARkIRD WOMAN, IN FAVOR OF
rt
ZYZAXX PROPERTIES CORPORATION, A CALXFORNIA CORPORATION,
PURPORTING TO CONVEY THE HEREIN DESCRIBeD PROPERTY.
SO FAR AS Ttik- FC-CORDS SHOW SAID GRANTOR HAD NO INTEREST IN
� t
SAID PROPERTY AT THE DATE OF SAID DEED N^R HAS HE SINCE ACQUiit:g
10. A LIEN FOR THE AMOUNT HEREIN STATED DUE 'THE STATE OF CAL!FORN-IA
i
s"
AS EV90ENCED BY A CERTIFICATE NO, BE-42776A, RECORDED SEPTEMBER
�
3, 1974 IN BOOK 11235 PAGE 222, OFFICIAL RECORDS, AS IN.STRU.MENT
NO. 900.
DATED ; AUGUST 31, 1974.
ACCOUNT 40. t R EA 24--660798.
TAXPAYER TOSS G. COULTRUP, DOING BUSINESS AS, TOM
LARSON PLASTICS.
AMOUNT 5117.06.
NATURE OF TAX STATE BOk`C OF EQUALIZATION TAX.
11. A LIEN FOR THE AMOUNT HEREIN SWAYED DUE THE STATE OF CALIFORN A
AS EVINCED BY A tCEATIF$CATE NO. K03342, RECORDED MAY 27, 1975
IN BOOK 11.411 PAGE 1885, OFFICIAL. RECORDS, AS INS i ctI)MEN T NO. 2461(?
!�
DATED : MAY 220 1975.
ACCOUNT NO, 1 227-»7022--6.
TAXPAYER TOM G. COU4TRUP, DOING 'BUSINESW AS TOM I ARSON
t t
PLASTICS.
AMOK;-!T $101. 47 .
NATURE OF TAX z UNEMPLOYMENT TAX.
i
32. OTHER M AI' ERS OF RECORD WHICH DO NOT DESCRIBE SAID i, NIND, BUT
s
WHICH, IF .424Y EXIST, IS4AY AFFECT IME TITLE. Tl":t NECESSARY SEARCH
4
AND E?LA&IINA'I`itiN WILL BE COMPLETED WHEN A S`I"'.CEMENT OF It+1FORYA710N
*
HA ► BEEN RECEIVED FROK RECORD OWNER.
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DESCRIPTION:
LOTS 117 AND 118 OF TRACT NO. 185 IN THE CITE` OF HUNTINGTON 5
COUNTY OF ORANGF,, STATE OF CAL l!:ORNlA, AS SHOvIN ON A MAP 1 `Sll zy r,
IN BOOK 12 P. 4E 20 OF MISCELLANEOUS MAPS, gN THE OFFICE OF TMI
COW4TY RECO90ER OF SAID COUNTY.
4
nc s.. t
i�t to •.+hi r.i,pna f wn No.7
[a...;. M7. W7la.a4aa s�aaaa�i
<-•' ` FEE: $40. AID Im rx )itsrto r N'r
t•1,.c:ut.15 rrE:� :,,,�it.l� fist{ :�t). 57 3308-0
ISSttF.0 Ily
Title Insurance and Trust Company
sl Vurht+rlatiitll, ht-Mll rallrtl the C0111ilanl .
lliv t in uiny licreby assares 'i - 1latiultail that, suhstultient tti the :lute sit the Cltm liti r
is%wd hider the albilVe lilltllher. no mattvrs are sbtlwu by dw plibiii.. revol-lls wilicll •. mi'id ,ilh ti
the cassurulcx� in said Cuuruilee other than the following:
A. EXCEPTIOM N'O. 1 (TAXES) HAS BEEN CIIA14GED TO READ ASFOLLOYIS
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1979-19Pt1,
A LIEN MT YET PAYABLE.
I.I. GE:NEnAL AM SPECIAL TAXES FOR THE FISCAL YEAR 1973-'97S
FIRST INSTALLMENT : $9, 63
PLUS PENALTY OF
SECOND INSTALLMVIT
PLUS PENALTY AND COSTS Off` ; $3 .57
SAID TAXES AFFECTS AP MO. 178-191-31.
Y . 2 � A SALE TO THE;. STATE OF CA1.1 FORK IA FOR GENERAL AM
SPECIAL TAXES FOR THE FISCAL `CZAR 1978 1979 AND
SUBSEQVE4 T DELINQUENCIES.
SALE NO. 180E135.
AMOUNT TO RCDEEM 'PRIOR TO !EPTCMBER 30, 1979, 513.4:;.
SAID TAX SALE AFFECTS AP V-0. 178-191-31.
SE-:1Z GYMBIT 'A" ATTACHES HERETO AVID ttADE A PART HEREOF
I Iw t11t.11 llabllit.l of dw t olpilalty lultler smd 01miuitiv ,uid urrdur this hidorwitivot thervtu
shall hilt v8axeedr ill by is ttf;; t; the kiniontit st Wfl in wia (-ui% all1Vv
This, Ilitilirslnnot to ittii' ' a ll"ft of r;Q ttllaralitt-V and is %klbjvvt to t'he vsib»inns tidal
0velag't',. -01V lullits ail hablit , ,lilt the other ,vvut isttilti of the (.Utltlitilms Intl ,stilrlilatiolls tilrrk,
llt, vxtvltt ar alltH66441 by th-1..?, ml 'iaitil6.c hervol.
tlata�l"t: JULY 27, 1179AT 7.E70 A.14,
TWe Insurance and Trust Company
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EXHIBIT 'A"
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8. THE FOLLOWING MATTER SHOULD Af814 SE ADDEO TO SAID GUARANTEE. �
24 RELATING TO ITEM 9 ARE TWO DEEDS 'IIStJSLY ?
l
A. OECD RECORDED SEPTEMBER 19, 10077 IN BOOK 12382 PAGE 551,
OFFICIAL RECORDS.
GRANTOR ZYZAXX PROPERTIES CORPORATIM �
G. DEED RECORDED JULY 27, 1977 IN BOOK 1277$ PAGE 1759, OFFt CIAL
RECORDS
4#1ANTOR C. M. DANIEL,
GRANTEr z RAC FZAE' MN
4
4
ESC tOw TRUST RF-CEf?T NO.
.4AAW R !Vf, -j/J J V -
8CCEIVEO OF
City *f Huntington Deach
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CHECKING ACCOUNT NO. N. Stewart
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SMS � 107 l,,RJMEPJCAL FILE COPY
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