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Home My WebLink AboutSunset Heights - Title Reports - Excerpts of Action - Sunset ?HUNTINGTON BEACH FROM THE DESK OF CHARLEY DAVIS Public Works Department i TO 77 (4-73) NOTICE OF RETURNED DOCUMENTS TITLE INSIMANGE Rl9 RUST NOR Orange North Mai Branch CJ 800 orfh. Main Streefi Santa Ana;,California TITLE INSURANCE AND TRUST r Our No. 573308—M CITY OF HUNTINGTON BEACH DEPT OF RECREATION AND PARKS Your No. CARMEL P. 0. BOX 190 HUNTINGTON BEACH, CA 92648 Date 11-11-77 ATTN: C. DAVIS We are sending you the items checked below: ❑ Receipted tax bill which has served our purpose. ❑ Copy of covenants, conditions and restrictions ordered by you.. ❑ Escrow Instructions dated ❑ Preliminary Title Report dated as of ❑ Recorded instrument which you sent to us for examination. ❑ Plat to be used with the order number shown above. �] Policy of Title Insurance per your instructions. . ❑ H. F. LAWRENCE Escrow or Title Officer ORANGE County ATICOR COMPANY TO 77 (4-73) NOTICE OF RETURNED DOCUMENTS 1111E INSURANCE AND TRUST COMPANY J� Orange County Branch 800 North iviGin �:;treet Santa Ana, California TITLE INSURANCE AND TRUST� ✓ /� / L .� CITY OF HUNTINGTON BEACH Our No' 579360 2000 MAIN STREET Your No. PRAIRIE LTD HUNTINGTON BEACH, CA 92648 ALICIA M. WENTWORTH Date 12/28/76 We are sending you the items checked below: ❑ Receipted tax bill which has served our purpose. ❑ Copy of.covenants,. conditions and restrictions ordered by you.. ❑ Escrow Instructions dated " Preliminary Title Report dated-as of 12/2 1/7 6 Recorded instrument which you.sent to us for examination. . ❑ Plat to be.used with the.order number shown above. Policy.of Title Insurance per your instructions. ❑ HOWARD F. LAWRENCE Escrow or Title Officer ORANGE County ATICOR COMPANY TO 528 CA 11-781 TITLE INSURANCE AND TRUST Orange County Office 800 North Main Street Santa Ana,California 92702 714 547 3333 IMPORTANT When replying refer to CITY OF HUNTINGTON BEACH (DEPT. , OF REC. , Our No. 579360 PARKS g HUMAN SERVICES) P.O. BOX 190 HUNTINGTON BEACH, CA 92648 Your No. AP NO. 178— ATTN: NORM WORTHY 141-06 In response to the above referenced application for a policy of title insurance,Title Insurance and Trust Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a California Land Title Association Standard Coverage form Policy 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 said policy form. This report (and any supplements or amendments thereto) 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 DECEMBER 21, , 1976,at7:30am. HOWARD F. LAWRENCE Title Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: PRAIRIE, LTD. , A CALIFORNIA LIMITED PARTNERSHIP. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE ATTACHED s ATSCOR COMPANY 1. TAXES WILL FOLLOW. 2. THE USE AND CONTROL OF CIENEGAS AND NATURAL STREAMS OF WATER, IF ANY, NATURALLY UPON, FLOWING ACROSS, INTO OR BY SAID LAND, AND THE RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH SAID LAND TO IRRIGATE OR DRAIN THE ADJACENT LAND, AS RESERVED IN THE DEED RECORDED RESERVED FROM THE STEARNS RANCHES COMPANY RECORDED JUNE 26, 1903 IN BOOK 91 PAGE 8 OF DEEDS. DESCRIPTION: PARCEL 1 : THE WESTERLY THIRD OF THE WESTERLY HALF OF THE SOUTH 90 FEET OF THE NORTH - HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 11, WEST, IN THE RANCHO LA BOLSA CHICA, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIF- ORNIA, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 51 PAGE 13, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY . PARCEL 2 : THE EASTERLY THIRD OF THE WESTERLY TWO THIRDS OF THE WESTERLY HALF OF THE SOUTH 90 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 11, WEST, IN THE RANCHO LA BOLSA CHICA, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 13, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. TO 528 CA 30 o t10-75) - r „ CITY OF HUNTINGTON BEACH TITLE INSURANCE N 0 V 29 1976 AND TRUST Orange County Office 800 Norih Main Street Santa Ana, California 92702 714 547-3333 Recreation & Parks Department IMPORTANT CITY OF HUNTINGTON BEACH When replying refer to Our No. DEPARTMENT OF RECREATION 575408 PARKS AND HUMAN SERVICES P. 0. BOX 190 YourNo.AP, NO. 178-201-49 HUNTINGTON BEACH, CA 92648 ATTN: NORM WORTHY In response to the above referenced application for a policy of title insurance, Title Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Calif- ornia Land Title Association Standard Coverage form Policy 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 said policy form. This report (and any supplements or amendments thereto) 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 OCTOBER 22 19 76 at 7:30 a.m. HOWARD �A �1 (t ,�a��o Title Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: CHARLES EDWARD HALLADAY, JR. , BY DECREE RECORDED IN BOOK 3694 PAGE 366 OF OFFICIAL RECORDS. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: i J 1 . GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, A LIEN NOT YET PAYABLE. 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 184, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 319 PAGE 281 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS: ALL OF TRACT 184. DESCRIPTION: LOT 130 OF TRACT NO . 184, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. r' TO 528 CA (1-76) TITLE INSURANCE AND TRUST Orange County Office 800 North Main Street Santa Ana,California 92702 714 547 3333 IMPORTANT When replying refer to CITY OF HUNTINGTON BEACH Our No. 573308-0 DEPT. OF RECREATION AND PARKS P. 0. BOX 190 Your No. POSEY HUNTINGTON BEACH, CA 92648 ATTN: NORM WORTHY In response to the above referenced application for a policy of title insurance,Title Insurance and Trust Company hereby reports char it is prepared to issue,or cause to be issued, as of the date hereof,a California Land Title Association Standard Coverage form Policy 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 said policy form. This report (and any supplements or amendments thereto) 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 NOVEMBER 10 , 192_6__,at 7:30 a.m. H. F. LAW R E N C E Title Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: WLATER DANIEL POSEY. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. TAXES AND BONDS TO FOLLOW. 2. AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE. ATICOR COMPANY TO 1867 (10-74) 3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $4,000 .00 RECORDED AUGUST 5, 1965 IN BOOK 7620 PAGE 93, OFFICIAL RECORDS, AS INSTRUMENT NO. 3936, AFFECTING LOT 117. DATED JULY 29, 1965. TRUSTOR JOHN A. CARR. TRUSTEE UNION BANK, A CALIFORNIA CORPORATION. BENEFICIARY UNION BANK, A CALIFORNIA CORPORATION. 4. AN ACTION IN THE COURT HEREINAFTER SHOWN AS DISCLOSED BY LIS PENDENS RECORDED MAY 17, 1973 IN BOOK 10701 PAGE 767, OFFICIAL RECORDS, AS INSTRUMENT NO. 19348. ENTITLED WILLIAM D. BOFARD, JR. , VS. CORA M. CARR, ET AL. CASE NO. 202 763, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE. NATURE OF ACTION QUIET TITLE. 5. THE EFFECT OF A DEED DATED APRIL. 18, 1973, RECORDED APRIL 26, 1974 IN BOOK 11129 PAGE 613 OF OFFICIAL RECORDS, EXECUTED BY PAULA K. STAFFORD, A SINGLE WOMAN, IN FAVOR OF C. D. DANIEL, PURPORTING TO CONVEY THE HEREIN DESCRIBED PROPERTY. SO FAR AS THE RECORDS SHOW SAID GRANTOR HAD NO INTEREST IN SAID PROPERTY AT THE DATE OF SAID DEED NOR HAS SHE SINCE ACQUIRED ANY. 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $BAIL BOND $5,000.00. RECORDED MAY 29, 1974 IN BOOK 11155 PAGE 1998, OFFICIAL RECORDS, AS INSTRUMENT NO. 29217 . DATED MAY 14, 1974. TRUSTOR THOMAS GORDON COULTRUP. TRUSTEE HARRY I . ROBIN, JOSEPH JOBLIN AND HARRY GOLDSTEIN. BENEFICIARY ROY D. BRYANT. 7. THE EFFECT OF A TAX DEED DATED DECEMBER 6, 1974, RECORDED IN BOOK 11302 PAGE 760, OFFICIAL RECORDS, EXECUTED BY ROBERT L. CITRON, IN FAVOR OF THE CITY OF HUNTINGTON BEACH, PURPORTING TO CONVEY THE HEREIN DESCRIBED PROPERTY. 8. AN ACTION IN THE COURT HEREINAFTER SHOWN AS DISCLOSED BY LIS PENDENS RECORDED FEBRUARY 26, 1975 IN BOOK 11347 PAGE 375, OFFICIAL RECORDS, AS INSTRUMENT -NO. 17940 . ENTITLED : BETTY CARR WILLIAMS, VS. JOHN A. CARR, ET AL. CASE NO. 209687, SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE. NATURE OF ACTION QUIET TITLE. TO 1867 (10-74) 9. THE EFFECT OF A DEED DATED FEBRUARY 25, 1975, RECORDED FEBRUARY 27, 1975 IN BOOK 22348 PAGE 1.01 OF OFFICIAL RECORDS EXECUTED BY C. M. DANIEL, AN UNMARRIED WOMAN, IN FAVOR OF ZYZAXX PROPERTIES CORPORATION, A CALIFORNIA CORPORATION, PURPORTING TO CONVEY THE HEREIN DESCRIBED PROPERTY. SO FAR AS THE RECORDS SHOW SAID GRANTOR HAD NO INTEREST IN SAID PROPERTY AT THE DATE OF SAID DEED NOR HAS HE SINCE ACQUIRED ANY. 10. A LIEN FOR THE AMOUNT HEREIN STATED DUE THE STATE OF CALIFORNIA AS EVIDENCED BY A CERTIFICATE NO. BE-42776A, RECORDED SEPTEMBER 3, 1974 IN BOOK 11235 PAGE 222, OFFICIAL RECORDS, AS INSTRUMENT NO. 900. DATED AUGUST 31, 1974. ACCOUNT NO. R EA 24-660798. TAXPAYER TOM G. COULTRUP, DOING BUSINESS AS, TOM LARSON PLASTICS. AMOUNT $117. 06. NATURE OF TAX STATE BOARD OF EQUALIZATION TAX. 11. A LIEN FOR THE AMOUNT HEREIN STATED DUE THE STATE OF CALIFORNIA AS EVIDENCED BY A CERTIFICATE NO. K03342, RECORDED MAY 27, 1975 IN BOOK 11411 PAGE 1885, OFFICIAL RECORDS, AS INSTRUMENT NO. 24610. DATED MAY 22, 1975. ACCOUNT NO. - 227-7022-6. TAXPAYER TOM G. COULTRUP, DOING BUSINESW AS TOM LARSON PLASTICS. AMOUNT $101. 47. NATURE OF TAX UNEMPLOYMENT TAX. 12. OTHER MATTERS OF RECORD WHICH DO NOT DESCRIBE SAID LAND, BUT WHICH, IF ANY EXIST, MAY AFFECT THE TITLE. - THE NECESSARY SEARCH AND EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM RECORD OWNER. DESCRIPTION: LOTS 117 AND 118 OF TRACT NO. 185 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A First American. Title Insurance Company 421 NORTH MAIN STREET (P. O. BOX 267) SANPA ANA, CALIFORNIA 92702 (AREA 714) 5583211 CITY OF $UNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA Your No. Our Order No. 1;fr Form of Policy Coverage Requested C.r•I,7i 'isi Z' i :1 y ';' ,r� e .r.'! T��L�e.. �..'t::r.}�,�I.r1Ii.?:" �<- `:.)�.t_.7 .;•:.J�.,.E'.�:�:�_ i'`.��,�1.,� �. t. .!-i 'P't ' `Q 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 he issued, as of the date hereof, a Policy of Title Insurance in the form specified above, 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 said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed herby. 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 at 7:30 a.m. `�' TITLE OFFICER Title to said estate or interest at the date hereof is vested in: . ill f.:.R ,`!. �.:�U.l.z.4t 'Z'�]is .:�•�. �.�,;.�•i\ uY.a ':,i,,:i 4..... �i,,s (;f).,..a Y§3:a t:Z.'.C`,:i tii, 3 4"')4%L 13L'.4:IaCr'.Ltio,.,� of 11.Iz3L J; L;c,,d t'r,i .26 i972, The estate or interest in the land thereinafter described or referred to covered by this Report is: At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: OR-120717 1. mate~. , Bonds and f2ssessman s not examined. Tax an: Bond, re port to :follow. 2. she Reserv:zt_zol o.t the use and control of cinDegas and natural Streams Uf 'Heater, if as y , .naturally upon, Llowinj across, into or by said tract, a d the right of Way for and to construct irrigation or drai Gage ditches through said tract to ir.rilate or drain the adjacont land as reserved by the Stearns Raac7o Company in Book 57 page 221 of Deeds. A Perpituai Pi ht , of day ovecsdid Block 2504 for pipe line ,,E tan -di :i:.r.ibuLi-ou of crater and the right to enter upon said latld to lay, maintain and repaii _;ilea pipe line, as reserved' is the deed fuDm the Huntington Beac4 Company, recorde3 June 30, 1909 in Book 147 , page 134 o f Deeds. 4. The Rights in th o herein a-. z nuibed land d of the present owners of 1'he land original y included iI2 that CFeutain Community Oil aIid Gas LeasQ to Eidystoae oil corporation, i Delaware corporation, recQrjed DecembeE Y , iY20 in Book 16, L>rlgw 1. ot_ Leases. ' Said L asekold e_;ta te has ;; Inca )een U my caIlcEe!W as to the herein dasc;I ibed __anti. Note: Recorded Uanuir_4 7, 1924 in Book 42., pa'je 197 of Leases is an agreement dated July _l., i a23 between Lola C. Cady any others, collectively and each nitih the other, puportinc; to fix and determine for :all time both pass: and futura, the total acreagy. of land _then held under said lease recorded In Boo{ 18. page 1 of I..F_asas, the ac eago af , th6 laid owned by. each Marty in :said lr_:=asa and the proparLions of royalties, bonuses or other benefits : ach ,party is to vec l ve of become entitled to under the terms of said _Lease oc otherwise to which record re.fereqce is, hereby Made for all, of th ( cir siculars thereof. J. A C.oiilIIliiIity' t` il and Gas LeaseWei February 1.2 , 1925, executed by C. Ey L:av':,1:inq ali- NaLy E. L av 'rind, his wife, Lola C. Cady 3 n d )0h a Cady, R S L husband, a: vzllt S ela Bur ley and Clark . Burley , her husband, and R. D. Compton and. :i1'141 ; M. -Compton, his ite, as les ,ous and itief,sof Drilling campan y, a corporation, as l ssue, :tcliGti ^dLc1 }, 1925 In BuuK 50, • page 200 ok Lease: , to b Aich r'cowi refFereace is herobX made Lor all of the particulars thewcoN Note: This report does not include any examination of the o'atlltorshl f; of s_ll(J. ,i.t`asc and no uxaminatzoa has been made as Page { OR-147176 to any matters of unword made or suf erec b1 said lessor or said lessee in regard to said !Paso. f). !''ill Uealsonib.le and/or Conv uie"t and/or Necessary Easements over all and/or any tart of the herein dF'.`;:_ril.bed land for the j)urMse 01 continking oil .ievylopmeDt operations and production of oil, gays and other hydrocarboaa substances o4 or from the remaining land covered by the DA and Gas Lease recorded . December ', 1920 in }loot+. 18 , ?ago I of Leases, as reserved in the deed. from Sh 'li oil i-Olnpany, UPCOLdet January 114, 1':+2S in Note. Recorded Apui'1 A, 1941 A ;oak , OU9, p_I.y 418 of Official iacords in an assi+"y'Iliitant oL 'oil_ and Gas Lease d ted, April 3, 1941 from Shell Oil Company, Incorporated, a corporation, to Beloil CCorporat'a.ola, Ltdo , is California cOrporaltion, Of ail rights, tif:.ia and interest in the above lease and all agLF_'c m ents amendatory "thereto or `7uf plE'.monta.', . An Ealemen:: Ac either Or bai& pole 'lines, conduits and incidental purposes as sat to7_ th in an 2.nstiumant Recorded in Look 5963, )rage B19 of Official {ecoud,s, - _ Over: the The Southerly 6 feet of the Easterly 140 feet of .i. 'at Northerly 110 feet of said land. 8. h a)l'ed of Tru t to secure aL iade17Ledne ;s of $29, 000!00, recoL'(1ed ?V:f'J':'ii uer 3, 1964, in book 7186, page W.-'i3 of Official pecoLds. Dated : November 2, ' 1961 Trustoz: hodoey B. Ld.tlLvz an j. Patticia Ann Laluter, husI7and .2a d wife. Trustee: South Coast services vl.ces Corporation, a California cou E)oration. Beneficiary: Tusti a Salvi"ys And Loan Association. 9. hI1 G1SeII'lellt LOC E' ltfle'r OCR both }:?O.lL' L.Ln.':; , CO71d1.1]_t5 and incideatal purposes as set jorth in an jQsti'11:7 ont ii[.COrd<etl in Book 1427 , j:rl'lb 466 of 'Ofl:lcjal Vecouds, Over: the The Southerly 6 _oat, and the '.ti st rly 6 feet of the ftir'ortherly 110 feet of `'aiCI hand, 10. the requicement that . we he fuvnishyd a copy of thn Trust Paye 3 OR-1207176 1 datOd Max 26, 1972 prior to the issinancy of a Parcel Hap Guarantee. 11 . This report is preparatory to theAssuanca of a Parcel Map GuaL'anten r]ad it is intended Soler fac the use of those parties dive :tl_y" involved in tilE_' . prepara:tion and checking of siad parcel map. PaC)e 4 r . OR-1207176 DESCRIPTION Ail that cortain land situated in the Suite of California, County of .0criage, City of iiuntingtgri Beach, described as follows: Proposed Parcel Maj) R.S.T. No._____bei ng . a subdivison of the followiay: `i'he No :tIt 110 feet of ::dock twenty-five hundred four of the East Side Vi:l,ia Tract, as shown on a Map recorded in Book 4 , ;age 65 of Misceilaneous Maps, records of Orange County, California.. .XCEPT114G THEREFROM: All. mineral, oil, gas, petroleum -and other hydrocarbon substances lying a plane parallel to and 500 feet below the surface of said land, without any right of entry upon the surface and witliout any right to use said land to sai-ri deutli o- 50t) feet a::� c:�ntai.rit�d i:i instruments of record as reserved by Gor:lort J. Pirihezton and others in Book 531U page 4.2.3 rc;d va-cious other irist.r um tints oa record. B: am Mats enclosed. Note: The only parties hose signatures are necessary to offer for dedication arty streets or alieys shown on Proposed Parc_e.i trip R.S. T. iao. ar.� as i_ollovis: iiod :.ney B. autos a.and Ptcicia. ioi.a Tauter, as CCo-Trustees. -under.- a llo_ ci.arat-loti o.t: Trust dated •iay 261, 1972. Soutli Coast Services corporatio.i, a ::aliforni.a Corporation, trusted under a. Oeeci of Trust r�lcocded in look 7286, Page 4d3 of Official, ').ecor_Cis. The interest oz The Stearns €;aricho Company holder of a cieaegas easement recorded in hook 5.7, Naye 221 of Deeds; The Huntington beach Company holder of a right of way for water lines recorded in Book 147, Page .134 of Deeds; Shell Oil Company holder of an easement for pipelines recorded in Hook 18, L'age 1. of Leases; The Southern Calitorai_l Ldison Company holder of pole line easements record.eci in rook 5963, Page 819 and in Soon, 7427, Page 566 of Official Records; Gordon V. Pinkerton and others c.wnL,-,-!; of aii-neral rights below a depth of 500 feet Page 5 r 01--?-1207176 recorded in Book 5310, page 423 of Official :records and various other instruments of record may be covered by indorsement pursuant to Article 66436 o:f the Government Code. Page 6 4 E> EXCERPT OF lHE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I i Councilmen Present: grtlett Pattinson. Coon Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i�rir/r+tk�lr*Ar*�*�Y**k:Mie*,t*k�k*�F+tirk�F�k**irrt�kfr9r*rt�t�lr*yt�Y***�,tdrtit�k�t�lrir*�n1^h*iMk***�I-k�t�**�k** On motion by Pattinson second Bartl@d regular meeting of the City Council of the City of Huntington Bench adjourned at to to Mond_ay1December 20,1976 at 7:00 P.M. —in the Council Chamber s�lca�im�stim�axwn�q[aavoe�23t�txltkRxf [ XX0d=x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy `f EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartley Pattinson Coen Siebert, Wie er ! Shenkman arrived 8:10 P.M. j Councilmen Absent: Gibbs SUNSET HEIGHTS PARK/GALLO PROPERTY - RECClQLENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract'#185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert `i ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i On motion by Pattinson,second Bartl#M regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at 7:00 P.M. in the Council Chamber zf1tc X--JJ i--x'AV&Kxx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City �I ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk. Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular sleeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth" City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: Bartlett.. Pattinson Coen_ Siebert- Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs i SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from it property owners within the area designated as a neighborhood park in Sunset i Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs ��*�*�***�r�r�xt�,ter*irrt�>�t,t,�w*,r�t*><�:►�***,t�,tt**�-,r�rrr�*,rir�,t*:tt*��x** On motion by Pattinson second Bartl@M regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at 7:00 P.M. in the Council Chamber xllktx��ORRkOtXx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Iiieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so- City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular »eeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: 1f%1 �L .r6Y1 Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett. -Pattinson, Coen Siebert- Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs **,t*k**,kirr�k#+t,F,F,kr,kr*�F#^A�***w,F,r*rr�lr�"MInHF**,MM►,Hrinr,F,F**,krkilrrM,k*!r�*+t**,v,�Mtk*k,l-kirir�r*�k I SUNSET HEIGHTS PARK/GALLO PROPERTY - REC014iENDATIONS APPROVED - (CA 76-195) , I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert i ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I I On motion by Pattinson,second BartlEM regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_a.December 20.1976 at 7:00 P.M. in the Council Chamber Yx3u, I xkh91xftkh1Wi%9XKftket1x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: zy1ilely, .1•_rc�! Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall I i Huntington Beach, California Monday, December 6, 1976 regular meeting of the called the re Mayor Wieder B ' City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: nartlett Pattinson Cnwn_ Siebert, Wieder j Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs tinlrk nF**it�k*9r**+F+Ir Mk�*�h*�*'Ak**YF*'�t*kAnkirrFtMr*1MrirktNNtF*A tWtlFyklt�M**#w****+t*k�1r*rlrlHkkltrY*�F SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the 1 Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust ` the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 i acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs **yk*�t*ieAr*�**ir�rvt�tk**�h*�Y***irAnrie�#-k**tt�lr�fr#**stir ** On motion by Pattinson,second Bartl@U regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at Z:00 P.M. in the Council Chamher a�6c� 11 xf *1-1 -3X24txx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. jdantwgrrh City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy I EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 I i j Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: _Bartlett. Pattinson, Coon, Siebert. Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs j int#r*4,ti��*#r�klrArkiFrMFtMlrk*�F�Ar#titwtF�r*k+ttHnktHFA1k*iFAr#fr*�F7F�kfFiF**ink**Ar***iHr�k#YInA�Ir**11r1rirk* SUNSET HEIGHTS PARK/GALLO PROPERTY - RECClH MATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent j domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #i184, 9 lots (130-136, #E155, and #E156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i i t�ir�htlr�Arkic*ir�e9F•kdrkttt�kAiF��tioFdnt*iFk*Awh�**k�Nk*kr*�t*#k�,t*****kthk*irinY�c*h1r�k***dnkic jOn motion by Pattinson,second Bartl#M regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday.Decgmber 20.1976 at 7,00 P.M. in the Council Chamber a lcc�matimm�xwtrxpuWnexkxxkiMX6 11-111 2 zx Motion carried. I AYES: Councilmen: i NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M• Wen worth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: z / ' Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: Bartlett Pattinson Coen Siebert Wi<,dar Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs �r�lr**+�Ar�rirA-kirtrk+tlM�krFA�k�k*#ktlntlrAk*k�IrtF#nt***�k#irk�t�IHnMAtiMriF+kt�r�4�F+Mri��F+t,kt�FyM�lr�k****rwkik I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOKKENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i I *kie�tk*�l kki�*�1riWMkir�lrk**k *inhdririt#-k*A'9t*�l-k*Ar�llr****�t*�Yir:Ftkik�k�lk*�k�hk*,Mk*i�c*:rkYr*�*ink�k . On motion by Pattinson second Bartl regular meeting of the i City Council of the City of Huntington Beach adjourned at to to Mond .Y.December 20,1976 at 7:00 P.M. in the Council Chamber x�lu xtksacf[4�keRlOts�Oea�tRXx Motion carried. I i AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall I Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the II City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: narrlett Pltti son !town. Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs � •�•�•**,w�*�*,ta�r+rstir,�r�,►ett,�-�r,►-rr*+t*,t,tee,rrk,�,wrter*ter**,�r+r�,v�r+F,r,M►rrrnr,kt*,ram* SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOKKENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder, NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs j StlrkStint�hAr+tik*�1ri�Mrk7lr�lr*dk*,rirltir*�9edrtirA^k*�IMrie�Y**tk�iah*Sir**�k*'k�r**�Y�IrYMrfrt�Y�1^Ar*ir'/r****iFirk�k*ic*9r On motion by Pattinson,second Bartle" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at 7:00 P.M. in the Council Chamber s�iu X-Aft=x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENMRTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy II EXCERPT OF THE ACTION OF CITY COUNCIL f! Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett. Pattinson, Coen Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs �rir**iert*�rkinlrtlrkk#1Mhkk*t1�4#iMr#**k***rHtf rrlrAtir***irktMNrr!-A�4rtiFatiF�lnt�#ilr*�Mr#nF�YtiFtAr*k�k+t�Ar�Wk* SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. i On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved i 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion j was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset j Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs IrieyHtk#�hk�Fi�*ir**kinlr�tyt�k�#�e�Y*9rirk�r�A^k�t�Yk�F�1ie�Fr�ht*k�lr*Ye*�l^k,F,tie�Iri��Mir�*ir�r*rrk�Yic***irir�F*i�it* On motion by Pattinson,second Bartl@" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_aY,December 20,1976 at 7:00 P.M. in the Council Chamhpr z ftill-%tJ18)0Mk"x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY- Deputy I EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 li Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. f Councilmen Present: Bartlett Pattinson Coen Siebert,, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: +bb ****,Y**�*rk***,Nr*,r,k*ir**�kkR*k*F*,r*,kk,k�+t*ir,MMritN�k,rtrF**,k*,r*,�Mw*+trtf�M*,►*+hk*ktF,r*** I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by i the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i'irk�t�ktll kk�t*�F�e*klFirirk**irh'k*irvr�rktF,tk*�Fk�tlritir*�t*****�F**/raY**�k�kt�k/e�Yk*irkiNc***yri�F*kiF�lr On motion by Pattinson second BartIOM regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_sy,December 20,1976 at 7:00 P.M. in the Council Chamber a�cY xftittxfted�eed0tsIotedtetnx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy I EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 I Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. i Councilmen Present: Bartlett. Pattinaon Cnwn_ Siebert- Wieder Shenkman arrived 8:10 P.M. I Councilmen Absent: Gibbs ! *,F,a*sHr*l�Mr�k*7Fint*rHMrt#�*itMw�k*ir*kdr�'Arrt�Mr***+IrklMrir**iM•+Ir*�#rwtiF#tiMrirrMt***k9r*+F+t*itArHF+k SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the j Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved li 1.75 acres of'small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by ! the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert I ABSENT: Gibbs I i �rk*Yr**Ar1nt*Iritlrx:rtirk�tr*�4#**+ir�r*�***�lrt*+Y**�k�kir:Fylriryt�F�tAk�it�InYirir+Hnt'ir*�Mkiet*Irk*4^k*klrJr On motion by Pattinson,second Bartl€M regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at 7:00 P.M. in the Council Chamber sf xVRkwm Motion carried. I AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the maid City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson. Coen Siebert- Wieder Shenkman arrived 8:10 P.M. j -Councilmen Absent: Gibbs irk**irk*�*+�r**,t,Mt*+i�,trt�*Irr�ntr�k�t49t**7t,h�,t�*,tt,tt,t,tra,t,M+h+r+M,itrhth►*#,t,k*rr*�r�lnt I I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the j Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr, and Mrs. Francis Gallo. On motion by. Shenkman, second Coen, Council approved the recommendation of staff to adjust i the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130.136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset i Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert i ABSENT: Gibbs irir*�irh�kilr*i�***tlk*k�tyt*,ti,kiF*irArirki�rirt*>)`*�k�Y*it+�r#kA Mk*�k*iMrk**Mir*irk�t�Yie*iririrt**�t*k*irk** On motion by Pattinson,second Bartle" regular meeting of the City Council of the City of Huntington Beach adjourned at to i to Mond_ay,December 20,1976 at 7:00 P.M. in the Council C amher s =xs�atimosx�u[t xldttxf Aedo]t�xVftk"x Motion carried. I AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth d x-off City Clerk an e icio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December 1976 WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 I i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett, y.rrtn.nn r.,,on Stabj„tr, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: G ibba j ir*Int,Yk�rikltkinktk**rHFit*inWt�ArAr'IrtFk'IMr*kiryFinkt�^k**#tiF'kirk'�kfc�*ikahtinFlMk'kkir#,F,t*MtkihktF+lrirlrkyF�t I SUNSET HEIGHTS PARKIGALLO PROPERTY - RECOWNDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent ' domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I /rk9e�k�M*�WF*�irF*�k**�t**ie�kkklr+tinirlekktklrk�tit�fnF*yF�F**�t**lrit&*�kitiF>�kinr*ir�lMnt*irkir*�FiNck4r i On motion by Pattinson,second BartliWA regular meeting of the City Council of the City of Huntington Beach adjourned at to at 700 P.M. in the Monday.December 20.1976 Council .hamher �x9m, -)MVtk fcx Motion carried. j AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: i Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: % Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the f City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Do tl!ltr Pattinson. Cgen.. $iebCrt^. Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs **+1nr 4*ilr*k�nlrint*ir+Mrtk�M*�#Ark**%*k*SFaFtkf nk1Mr�F***�ArtMr�r*rM*****atiFikkdrlr*Yr*1t*Mrir#Mnk*fr*k*k SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr, and Mrs. Francis Gallo. 1 I On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder i NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs kie�r*�r*h4*�***1r1r:arirk�k�rNk*,h+t�,tkirlr*,R-h*sHMe*tyt*�**Mkt,Y�lrirt*,tietM,HrkMir*rrh�r+,k1rk*�rr*Jr** On motion by Pattinson second Bartl€M regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mondey,December 20,1976 at 7;00 P.M. in the Council Chaniher a�keYimwtimoaxwaaxXaaa x3t7[ fcedck0M1dtExxetkR1x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 , Alicia M. Wen worth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy EXCERPT OF THE ACTION OF CITY COUNCIL 1 Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson. Cgen_ Sieber, Wieder Shenkman arrived 8:10 P.M. j Councilmen Absent: Gibbs j ****�tir�^ArrF1FiF****tk�lt�tFfWA1kMt*�#*iNktyt�nY*11rir**Ir*�k**,krMr*ykrt�r*rlriM�lt*M*h*Ar�nYAr*k*1rk*�t SUNSET HEIGHTS PARK/GALLO PROPERTY - RECaM!MENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr, and Mrs. Francis Gallo. j On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion i was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i *irlrlrMnt�l Arlo*�1r**mirk*�*�e*yt�*iNednt�#*�t�l^k'lryY+t*�Ir***�M�Fir�t**�Irirt*�F�kiMM�rk*die*�IrAr�lrh*�Miei�inF*12tF* On motion by Pattinson,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20.197 at 7:00 P.M. in the Council Chamh r a4ka x1t�Rxftadd0tiMVdt1tft1x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M.kjieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ea: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: /1G y�L Deputy EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coen Siebert. Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: r+bba i SUNSET HEIGHTS PARK/GALLO PROPERTY - REC%=NDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #E184, 9 lots (130-136, #E155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #E185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. £t.). The motion carried by the following vote: i AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i icirktY�r*,irh*ri**'lt�Hr:4,rkttyt*�r�*,►w�rAr�e�t*,�ktaAr�e*,t�ir�kirirt*,�,r*keryri-l1r�kkIMr*�e�rirkrt�,t'*�k*ir�F�k On motion by Pattinson,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at 7:00 P.M. in the Council Chamber af6nc�meEim�x�ts XkAxldttx X119d xx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wider City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wen worth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: l wo"e(f,l Deputy I ' i EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett. Pattinson. Coen Sinbgrt, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbg_ irkiei�riht�irdrk*�Ir*k+k�+MHr#'�Ir#'#'*A�**W�t*SF,U1Fir�t4***rule*#rArir**rMr*�*�F�k�9r�h*�#iHnk*rIr*�F**'kIrir#nt I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECaKNENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr, and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood P P Y g g park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett Pattinson Coen Shenkman Wieder NOES: Siebert ABSENT: Gibbs i On motion by Pattinson second Bartl$U regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at _7:OQ P.M. in the Council Chamber a�lc�:matic�x a3t)ndtk�tx£a�c xxed=x Motion carried. li AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: i Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California i, Alicia M. Wentworth Harriett M. Weser City Clerk Mayor i i i STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December 1976 WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of j December , 19 76 , i Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: '/�% Deputy EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M, Councilmen Present: Bartlett Pattinson Coon, S1ebgrt. Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs - - ***,t f�irir inht+�eA^k�k9h#�r,Y�*�*+k%*irMMr�1M#Yr tHMr+rtM�tM�nA-k+MFrF*rF�F+ktFMr*k+A**rMrM+l-k+Hrir�ir�MF�t l SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. i On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i �, Ark�r�r�r*,H,sty***,rx�rk**�rrt,***�,adrtt,kir*�rt7k�Flrt�t�r,Mr*,t**�t,h:Ht,t**xut,t*#x*,HMr*,tirAr*�t,k*k** On motion by Pattinson,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at �o to Mond_ay.December 20.1976 at 7:00 P.M. in the Council Chamber a �� 3txx*k*xf9tkk18tkV4x*Aftk tXx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, ,California BY: Deputy I ' EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California i Monday, December 6, 1976 i j Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: n■rtl2tt Pattinson Coen,, Siabgrt- JWieder j Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs i ****k k�lrinFArktF,t'MIriHFik�F�kk�^kk�t*Yr%ir�rllryttilr%�ttQ'rF�A',tin►rrk�*'A'FAr*�4,rt,r�1^irr****+t�l^MI'�,t+t+r#r*+F*k II SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) i r The City Clerk presented a transmittal from the City Administrator of a communication from the i Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved I 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: . Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert I ABSENT: Gibbs Ii i F-k*1Mr1r*k*�4irlr*iHt ktirktlrirdrir*�'ft�nt**k*�Hr�lehkieie*kM�t�r*ie�frirkal-,t*�4*kitleie*ktiele*k*sr9etMr*k*4 On motion by Pattinson,second Bartlf" regular meeting of the i City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at 7:00 P.M. in the Council Chamher s�}tr xlkRx x114tk Xx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett: M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: l /17t1 Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. i Councilmen Present: Batt,Yattinson Coen, Siebert, Wisdar Shenkman arrived 8:10 P.M. Councilmen Absent: QJb s1�_ I i.*tr*+Y�ir�ltylnMir�**�*tMM**�Ar�ktt7F�k1Mr*kirdrirAnk'kiM*7F�F+kir'k+r+it*#�iir***i1r**k!r*,t,tt*#t4+IMkrFklr+irk*�k SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-1953 I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation ,of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved j 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: ' AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder ' NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i On motion by Pattinson,second Bartle regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at 7:00 P.M. in the Council Chamber a�u�xi�atiomax�ntsxpu�ac�dt}txlt�ttx11JJ02411XtVJbKkx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder, City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so- City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL f Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bg matt. Part&nznn_ Coen_ Siebert, Wieder j Shenkman arrived 8:10 P.M. j Councilmen Absent: Gibbs xkir*,kk�rlr�nt�tkkit�l+k��*tiMAylr*irk'AiMFk�IrtFirlkAtF*11r*�ekiktMk�MtrlArikaHt�Irr�iF�krMttFA�t#rv(rirh*'k*yrynt+t . SUNSET HEIGHTS PARK/GALLO PROPERTY - RECCMNDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent j domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust i the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenknan, Wieder NOES: Siebert ABSENT: Gibbs I Ar�r**Yrlr*Ar*�'c*FirMkya,Yk*4-k�YyF**iM+tintinlwtt'AMr*+hMr�intie�r�lntrtkt*�Int k*�k4-kN^+M�kktyn�rrririnkzhkkat*,t*iick On motion by Pattinson,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at t0 to Monday.Decgmber 20,1976 at 7:00 P.M. in the Council Chamber aR1u xltkt k --%1E2[etxx Motion carried, II AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I. ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alice M. Wentworth_ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy I ' EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall Huntington Beach, California i Monday, December 6, .1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I i Councilmen Present: �B rtlett Pattinson Coen, Siebert, Wieser Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs 1 hilr**+YArir�rk�r�ktrrt*krF,trMHr�Y*Rylr*1tkAtitAkir�r�r�F�iF*#wY�ktM�IrklNrt�kir�Y+ttdnkyt#kir**tFM�t#rrir#wtiF�tkl�rkyFit SUNSET HEIGHTS PARK/GALLO PROPERTY - RECMMM&TIONS APPROVED - (CA 76-195) I f The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved j 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by i the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i j On motion by Pattinson,second Bartl@M regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1276 at 7:O0 P.M. in the Council Chamber ! Yimatioaosx�rzax xljtxMM PRUIRISOXMtkaxx Motion carried. I i AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL I Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Beittlett Pattinson Coen Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: ebbs k�F#rlrk**ir�k�lr�krrkirk*,r**i�#*•A�+tt'�'*'k#r*�Ir9r�nlnMr**MrirlM*kinMktMr*A•*dr*rlr+k�lrk*M�kir�rink#w*k*�M'k*it SUNSET HEIGHTS PARKIGALLO PROPERTY - RECO WNDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i +hir*kAnM*ir*�*�rirh*�hAr'k*'A4rfnt*•k�A•�tie�ir*�tik�t�Mrieh9r*�IriFi�rA k+Hk*�l'iMnhAr�irir*�Ir+fr*�Fk*�rir****9�ir***4r*�4 iOn motion by Pattinson,second Bartl regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mondav,December 20,1976 at 7:00 P.M. in the Council Chamber ! xkk&xfftkk1 d=)=dRfcx Motion carried. I AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder ! City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: 1�L�1�L^r�L1 Deputy I EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California iMonday, December 6, 1976 Mayor Wieder called the regular meeting of the i City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: Bartlett Pattinson Coen, Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs i *,rr*ant*,t,Nk**+t,tilnk,�,k,►1Hr�**�rtt9t+r+r*rtttM�rrint****fit*tiMr*,�-�r,rrt*,Mr**,k#Ir+Hrrr*,t,Ht,k,►,t,MNrrr+4�,t SUNSET HEIGHTS PARK/GALLO PROPERTY - REC01MENDATIONS APPROVED - (CA 76-195) I i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- I set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion ! was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs ! On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset i Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ` ABSENT: Gibbs � irkk�tAr+1r*kk�*ir*M1t:Mklnhtykirirk*+FMrYr�lrlcik**irrt�IrdWe�eir�k*A*�ht�k**ir**,t,t#-k�nMAr*re�eint*�hkYrinF#,tint On motion by Pattinson,second Bsrtl€" regular meeting of the j City Council of the City of Huntington Beach adjourned at to to Mond_ey,December 20,1976 at 7:00 P.M. in the Council Chamber s�Y x*h&2fltk)dM1 X'A2 txx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i' BY: %171� Deputy EXCERPT OF THE ACTION OF CITY COUNCIL i Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 _ Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: Bartlett Pattinson Coen, Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs li irklrin4*1rlt*k�1r*tF*Fr#tiM'A'1Y�*�A�rAt*ik#*#^Ar*�Irk�InMr***�rk�k**�t*k****ilnkikik'A"k***lrft*#nkA,�r*k�*inF* SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent j domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust !I the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder ! NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: f AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert I ABSENT: Gibbs i On motion by Pattinson second Bartle regular meeting of the City Council of the City of Huntington Beach adjourned at to i to Mond_ey.December 20.1976 at 7:00 P.M. in the Council Chamber a�}te xthsx£� xXOdtR7cx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: i Alicia M. Wentworth j City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder, City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) es: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: %111�L`L Deputy EXCERPT OF THE ACTION OF CITY COUNCIL l Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the f City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coen Siebert- Wieder j Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs ****,Y,4* *,tit,ir�rar,kr* t+ramiett,kut,Hr�tir,u�rrrnt+rtitrHr*w,ra*,�,r*+�,r,wt,rr*,�,t,r,�**�,r SUNSET HEIGHTS PARKIGALLO PROPERTY - RECOMlSNUTIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #E184, 9 lots (130-136, #E155, and #E156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #F185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset . Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs • Aririe�t*Brillr*�irir*#k*k*kk*�Ar*�YfFdnt***�k�1Me�rlr�Yrt�k�FlrMkkk�t+t*inrt*�k*krr*�FirAr�k,4�eiHr**kYnt+�r�F/eiryc On motion by Pattinson,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20.1976 at 7:00 P.M. in the Council Chamber a�}u�matlmnsxrvtt --')ft Al 144109411 ltlkk3Lx Motion carried. I AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M.. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy t EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 I Mayor Wieder _called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett. Pattinson Coen, Ste, Wledar Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs f *1r,k*k�t,k�r�rrt*Atit�,rlF*A* k*�,r�1Nk#k+ttF�Wt+►9r�+t�ir#rirkk�t#iFfF*�kilr*,krFMrieiMr�htiFArFrMA�4+kk**irrt,t ! SUNSET HEIGHTS PARK/GALLO PROPERTY - REC01MENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #F184, 9 lots (130-136, #F155, and #E156) in Tract #F185 and ! acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #F185. The motion i was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by j the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs kfr*tkt�irirkIrlNFlrlrir***�F/e*�Mk*#Adrk*�kk�kiMr�nY**�Ir*ArMAriHt**�*i�**k9rk�+Ir*�hrit�Mrir****ir*k*h** On motion by Pattinson second BartliWA regular meeting of the j City Council of the City o Huntington Beach adjourned at to to Monday,December 20,19,76 at 7:00 P.M. in the Council Ch mhpr s Vime�tim�c�uutaquwoa Xkxxit$s x Motion carried. i AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA } County of Orange ) so- City of Huntington Beach ) I, ALICIA M. WENTWOWH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular i meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL •4 Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coen, Siebert- Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs int+h*irk*lrA�VrrhtF,t+HrtMF�+h1Y#�k�4*AnF,t�1F##^k�ttAint#+F**�MkiF*k*+tk**1Hk1rrF+kyFrMr�#Y4 iFMrF�rt#�4�k•N+FMrkt I I SUNSET HEIGHTS PARKiGALLO PROPERTY - RECOWNDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. i On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .,92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from ll property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: II AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs iciek*�Ir�Mrlrir�t�YirN/t,rir**�1kk�1'**�raWr�IrtF***�MIPArir�lh�k*sir*�F�Ir*ir+F*k�ryt*�Ir*7lrint�lr�1^k*irklWk*�Nir•/r*�Ir�le*ir On motion by Pattinson second BartlVA regular meeting of the City Council of the City of Huntington Beach adjourned at to to MondaY.Dec@mber 20,1976 at 7:00 P.M. in the Coil Chamber s9 rx kk2nDnu[e AMA xfdttxal pMW&ftXx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. W ntggrth_ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California .r BY: Deputy i EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California f Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the ` City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coo;, Siebert, Wisdar Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs II �t**h**�t*�Vr�IrlF�ir#rArFtMHr*�Fk�r�r�FMMA�r1F9F�tk'Mt*k�+trNM�lr*N*+ktlrr►krFAk�k�kk##�t*�thArlrrlr�lr#Mr*k1r�ktF+t I, SUNSET HEIGHTS PARK/GALLO PROPERTY - RECRRSIMTIONS APPROVED --(CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parke and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen. Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder ! NOES: Siebert ABSENT: Gibbs F klr/cal^hlr�kk**�Ir1r,Hra4Arfit*ktYtMk+trrM�Mk#+Mk*+Y�irrhHr�k�Fk*�F**�Y�k�rlr�kirAri^krNMrAkir�irielFtF*�hF�ht�irtM,t On motion by Pattinson second Bartl#d regular y meeting of the City Council of the City of Huntington Beach adjourned a�t to to Mond .Y.December 20.1976 at 7,00 Y.M. in the Council Chamber x Motion carried. i i AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meting held on the m 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California f Monday, December 6, 1976 f l Mayor Wieder called the regular meeting of the i i City Council of the City of Huntington Beach to order at 7:00 P.M. ICouncilmen Present: Bartlett Pattinson Coen. Siebert, (pjiedar Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs irk+Y�tM*irir�t�r+�r�rlt+k�iFA�k*#�MtF#AtiF*1F�rlHr*kirtMk�kA11 tF1MM�Y�kirk�r+Fk***�kIt�M�4�trMr+tiFrt�nt#A+IrrY*��Fir*�t i SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which rec, ends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust ` the boundary of the Sunset Heights neighborhood park site by excluding the previously approved j 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i f AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ! ABSENT: Gibbs G +k�Arkie�Irkirkk�r�4�/nY#rk**k**�k+lrw*k#^kk�tllMrk�k*tF�k�FkMk�lrk�+F*k#*�k�M�1-k�*kkkJnMkrWt**k+tir,F*h�kk On motion by Pattinson second Bartlf" regular meeting of the j City Council of the City of Huntington Beach adjourned at to to Mondav,December 2Qi1976 at 7:00 P.M. in the Council Ch&mher ! xxxkj ld:#1ed0etxxldts2x Motion carried. AYES: Councilmen: NOES: Councilmen: E ABSENT: Councilmen: I Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California f Alicia M. Wentworth Harliett M,-Wieder ' City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular beating held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Jy'J' 1/J:/// � Deputy lEXCERPT OF THE ACTION OF CITY COUNCIL r Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 F f Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett_ Pattinson. Coen_ Siebert Wieder j Shenkman arrived 8:10 P.M. f Councilmen Absent: ra hba � �**�*ice*,tt,tar*,ritirw�w�►�t*,k+titre,A�,rirtir,��,t,M*,krt*,r,�wri�ri�,kf*�,t,Mre,rxt* I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMBNDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which reco®ends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved j 1.75 acres of small lots in Tract #184, 9 lots (130-136, d155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion 4 was passed by the following vote: 4 AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder ! NOES: Siebert {� ABSENT: Gibbs 4 On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i f AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder I NOES: Siebert ABSENT: Gibbs I G ,reartyr,rarer,t,t,tt*atarar+t,tt,ttarar+irar,irsret�t,irr�rtawrarrtaratt,tarat,ttttart+rk,ttaar,kintataraeatrtartartxx►,t,tar,�t On motion by Pattinson second Bartl#" regular meeting of the f City Council of the City of Huntington Beach adjourns at to to Monday,December 2Q,197 at 7:00 P.M. in the Councij Chqmhpr !f Motion carried. 1 AYES: Councilmen: ! NOES: Councilmen: ! i ABSENT: Councilmen: r. I ! Alicia M. Wentworth i City Clerk and ex-officio Clerk of the City Council of the City. ATTEST: of Huntington Beach, California , Alicia M. Wentworth Harriett M. Wieder. City Clerk Mayor f STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWOiaR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL I i Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pgtt nson Coen Sieber, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs i lets*tie**iU+tie+4�int�A-kiMittMHlr�k#Aw+FkMrk�rlF�ikirit�k�Mklrrt*kkiF+Y*RAnFki�yFikiWr�A^Ir�r�ritilir/r�tkdnAyF+HtArf�r�ryF* 'i SUNSET HEIGHTS PARK/GALLO PROPERTY - RECaKMENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #E184, 9 lots (130-136, #E155, and #E156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #F185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i �ir/e�t kie**irik**�tt�F:hlr'�t�'tt•A"*9t*�tyF�k*stintie*�l'itie�irkirir*k*ir**�t**kir'h�tieirk*inkitt*,tieint**ik'kint***�t On motion by Pattinson,second Bartit" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday.December 20,1976 at 7:00 P.M. in the Council Chamber wattiataxrcaa Axxtdttxftatkia iRziatK txx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) as: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall j Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. i I Councilmen Present: Bartlett_ Pattinson. Coen_ Siebert- Wieder Shenkman arrived 8:10 P.M. I Councilmen Absent: Gibbs i.,r+r*,�**,t,�**,t,tr,�+rr�rir*,►+Nr,antr�tert�nrt,Mott,�r,ter,�rti►,�ternMtrwtrtytrt**,�,tt,r�,t*,t,t,�nt,►,t,�rt*rr�,t SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the HE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and i acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs A On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs icir*�tk�tinF�lri ir*�*k:F�tirk�h*iY�1**inYiri�****AAnYbr**�Y**:1^hMt�t**Ar**int*kir**A-k*itkiricit*�tir�+t*ir*i� On motion by Pattinson,second BartlWA regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at 7:00 P.M. in the Council Chamber rimatim®nrtt�gtaadtltxfdet2xf[edtRXx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December 1976 . WITNESS my hand and seal of the slid City of Huntington Beach this the 23rd day of December 19 76 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. 1! Councilmen Present: nartIttt Pattinson Coen Siebert, Wieder Shenkman arrived 8:10 P.M. (, Councilmen Absent: �1hba ( �.k�r*+kk*drrMr+FrF,t+Ntirrik*kiM*�ArtiMwnF�r'kiriFrFyYtMht*kyMtF*�kiFk+Y*'A'ktit*�ttt#^k#***�1,t�F#�M*�t�k�lr*�** SUNSET HEIGHTS PAWGALLO PROPERTY - RECO WENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the j Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by ithe following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I I l 1cl�i�tirhhArir�*1riMrhdrxlrkirkie*9eik�ewdrFrintie*�hir�Irdrkie�lr*ArMAnt�t�k�k*ir�iek�k,t�,tt�kA-kiri�rhie**ieYrirt irk*ir On motion by Pattinson,second Bartle" regular meeting of the City Council of the City of Huntington Beach adjourned at to !, to Mond_ey,December 20.1976 at 7:00 P.M. in the Council Chamber a�irRxssttios�x�rstx oax3ntxkkft ftdt$3AN418xttkat%x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: l�%171Lt.l 1. .mid Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett, Pattinson Coen, Sieber- Wieder Shenkman arrived 8:10 P.M. i, Councilmen Absent: Gibbs SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMNUTIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent J domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff. to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs �ckk�lntiriFki�*�r�Mkya,Y�t�1^k**'lri��Mtintkirk*�k*tilt*ir*�ir�1^le�1e**�1-k�-k�Irirkir/r�tiF,r�Fir+eiti�*�hkir*�*�ein4 On motion by Pattinson,second Bartlo" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at Z;00 P.M. in the Council Chamber a c�X=kkMXXKSa: Xb[X)Xkitt I Md SXKtftux Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy EXCERPT OF THE ACTION OF CITY COUNCIL l Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of. the ! City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coen, Siebert, Wisner Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs iif##rkM*irk�k*rk*7k*,r*+F�AyF****�Mr*�tF***tF*Mrrt**!r**it**kit*krk�r*sk*�In4*�Mr**rr**�F#rrr*k**irwr�k* SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED --(CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. fOn motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessacy, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase ! 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset j Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I i On motion by Pattinson,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mondey,Decgoer 20.1976 at 7:00 P.M. in the Council Chamber sEkoosx�u�txae�xlt)txltintxfcedAtE�[ eexx Motion carried. i AYES: Councilmen: ' NOES: Councilmen: ABSENT: Councilmen: i Alicia M. Wentworth j City Clerk and ex-officio Clerk of the City Council of the City I'. ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I ! Councilmen Present: "-rtlYs• Pattinson Coon Sieber. Wieder Shenkman arrived 8:10 P.M. i Councilmen Absent: Gibbs i ,r*,ak�*itdr*k+M1F,tMkrHk�Mr�h4tYiF�rt*tkit*1F+�t�ttl'�rrt*hint*+rArrr*iWtiF***�1"k+1'*'k'�r+�rir*�iHr�A^Mrir*k�k11r1rk*�' SUNSET HEIGHTS PARK/GALLo PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- iset Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundaryof the Sunset Heights neighborhood ark site b excluding the g g p y g previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert i ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset j Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I On motion by _ Pattinson,second Bartl€" regular meeting of the City Council of the City of Huntington Beach adjourned at to f to Monday.December 20,1976 at 7:00 P.M. in the Council Chamber ' aRbcxa�tim�ac�rstxldktxftddc�eetletE�dtetReticx Motion carried. I AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: i Alicia M. Wentworth !I City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California I j Alicia M. Wentworth Harriett M. _Wieder City Clerk Mayor I STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California i Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. j Councilmen Present: Bartlett Pattinson. Coen Siebert, Wieder j Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs Ij *****************yr******kt*,w1Hr,►yrt,�-h+t+�-�r**,t**,kr**********,Mwr*,t*,r*,rw*nt******** f SUNSET HEIGHTS PARK/GALLO PROPERTY - REC01MENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust j the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion j was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert i ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by lthe following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert i ABSENT: Gibbs i I On motion by Pattinson second Bartl€" regular meeting of the City Council of the City of Huntington Beach adjourned at to I to Mond_ey,December 20,1976 at 7:00 P.M. in the Council Chamber ima:timoaxwsa xkbWxfVJJ0Wd=)dtftk txx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December 1976 WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: -/• ,ter Deputy !` EXCERPT OF THE ACTION OF CITY COUNCIL j Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. i Councilmen Present: n.rtlett Pattinson, lean qimberr_ Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs �rFr�1 rk k�F�4ik�IriklHt+Frt�IrMMr*�rik�Itk�IrtF'MtHrlr�Ir�FrMk�ktk**#yY,trt*kink*rF*i�**irA"k^h+�rlr*,t�F+t*##iMk rtiMrlr'k*+k I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APMMD - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert i ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs I i I lrlriri^kInYk*�r*�lririrh:tirirk**i'*ie*ir+Hrktk+Mr*kir�ks\**�ki'Sir�4 kiyk*,k****�trki^kir**�"Ae*�**ik,t*itilri,k*9eirAr On motion by Pattinson second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to MondaY.December 20,1976 _ at 7:00 P.M. in the CouncilChamber �miaEim�ctets x JLMKxftadcjtldClas Motion carried. I AYES: Councilmen: i NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth 'i City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular sleeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY- 7 f�Ga' Deputy +` EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i _ Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Dagrrt lett Pattinson. CQen` Siebert. Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs j �**iF*,r***,t,tt'1Nr+rrr,kt*art*lrk�nt'M�rtntt�lrrt�tilr*+rrhHt,kh,MMrrMt****,t,Mwr**,r*Jntr,kv�r**1r*yryt,r SUNSET HEIGHTS PARK/GALLO PROPERTY - RECaKNENDATIONS APPROVED - (CA 76-195) i The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: I AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs A-lz�r,t�k,rkklcif'Arir�ek9t:F,F�ik*kirki*ieyFintieirk*l^k9eAntit�ir*ArHintir�k�t�l,tk**yk*k�rInkMt*irAcie�nk*irirhtirk*Ir On motion by Pattinson second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,December 20,1976 at 7:00 P.M. in the Council Chamber a�kac xltittxfdd:lAedat2)MVS=x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: l% ""L'/l Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 j Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Bartlett Coen. Siebert. Wieder Councilmen Present: Pattinson, o Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs � �k**iric�Flr*�**k+k***ik*k�t#rM#**�r*A**�FvMr�lnt**+tlrrrtF#kik�tk�k**dyt�lnk�lM�irir*ir*�FtY#*k***trk�Yk SUNSET HEIGHTS PARR/GALLO PROPERTY - RECOMM M ATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust I the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs ,I �ir�lr*h*iklAcir�Y*A^k�rkk�t�tirk9lr**lrAriririnl^k*�1^kie+fik*ik�I k*yF�lr****le�l-k*�Ir#k9r+k�F�1-kirftlr�lrie*�iAr�*kir+k On motion by Pattinson,second Bartl€M regular meeting of the City Council of the City of Huntington Beach adjourned at to I to Monday.December 20.1976 at 7.00 P.M. in the Council Chamher a�lraxisat 3t7xkbaxf rld[I N)M2 etxx Motion carried. i AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . AliciA M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: zf//7L �dr Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California i Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. I Councilmen Present: Bartlett_ Pattinson_ Coen. Siebert, Wieder Shenkman arrived 8:10 P.M. j Councilmen Absent: Gibbs � •�**,�*�*,��r+►,�*,r�r ,tta��.,r*,�r,�•�trk,�,�,r,�r*,�-�,r,�*�**,�x�r,�rr�,r,�,�*�,�-�**x,r* SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) I j The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved i 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert j ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs 1k•k•k�Ar•kirh•ki�*�Y**lrirkk k**�***�k�M�.Ir*�iF*�lYc*�nFir�irorilr*k,Hc****�rttic�lri�-x�t'k�F�l^!nt#^Arint*ir*ir�**ic*'Jr On motion by Pattinson,second BartlVM regular meeting of the City Council of the City of Huntington Beach adjourned at to to Monday,,December 20,,1976 at 7:00 P.M. in the Council Chamber ka� =xpaaa*dxkXxkbaxioddggtimg3ottfttx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall ! Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. i Councilmen Present: Bartlett Pattinson Coen Siebert. W eder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs irklt*+hk iriF�Fk�rtF,t+F1F+1,r�*1t�A^A,k*tit�Fik***ytt*lrrinFk**Mk�IrtHrlr#-k rYrlr*yklFit�4#tiMr+t*rt+t,Y�F#tF�Y**klnFrM** i SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs 4i�t�k*�rlr,t�****/rynt*,t�tyt,hHt*,kw�t9r,F*ir,tort*,ttrt*�t�r�1-,tMit,t*#,rl-,tit,tip-it,MFt�hk*,tt,�,t,t*�tt�,t�tk,Mt On motion by Pattinson second BartlffA regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ey,December 20.1976 at 7:00 P.M. in the Council Chamber �r�xnatimasx�rux�ta #�3t7txlI xfi 11-1-1ft2xKVdk txx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, Chlifornia Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ea: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: 1f`7 Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall j Huntington Beach, California i Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. ! Councilmen Present: Bartlett Pattinson Coen Siebert Wieder j Shenkman arrived 8:10 P.M. i Councilmen Absent: Gibbs j �.,�+r*r.�*+�,�*rtt,itiratir��+rrt+tt,�t+�r,trt�tirr*,►,rat,kr�rt�*,tt***+�,rtxr*,r,v�*,►,t,kt*,rrrt,r SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMl.NDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the j Director of Recreation, Parks and Human Services, which reco®ends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs iirAr�FFirk*t****�rkylriir�r'k�l-,t�^k*k*+t*,t****#^k*+Y*itinkkk***�t**ir*,t,t,t#,t*ktFk*,r�cNic*t^kir*,t1,t*k On motion by Pattinson,second Bartl€iA regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mondsy.December 20.1976 _ at 7:00 P.M. in the Council Chamber x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 . Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the- City of Huntington Beach, California BY: l �/1L I�! /• T do Deputy 1 ' EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 i Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coala Siebert` Wieder j Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs lrir/ric**#r*+Mn1r**+Mr�F1Yhk*Ar*#Qik***�*�YiFsHt*lrrlr*****+riF#Anlr*****a1�ki4ir**ilrk***M*#rtF#MrrF+Frh*AtiF�F I SUNSET HEIGHTS PARK/GALLO PROPERTY - RECONKENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs i#ktkJr�hki*Irirl�x:Fkk****iF**ir�r�Fr****�tir+ttlrlrArinFAr:k�Fie*isle**,rt*Ir*�Yirkk*irt�kitk**�t�k�nt*4r#-* On motion by Pattinson,second Bartl€A regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at _7@00 P.M. in the Council Chamber a�u Gill 11,12XftetAatf:x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: zy/ _ Deputy EXCERPT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 regular meeting of the called the re Mayor Wieder g City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Pattinson Coen Siebert, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Gibbs ii,**irkinlr�l-ktintk�k***�Ir�k#'*#'kk**ik'k*�Y"kir*'lrrt#'**�k*+r#rihYik*kir*1F*9tinkikiMArlr**�rir�l^Mtilr*Arir*1r1Fw*+k SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOKKENDATIONS APPROVED - (CA 76-195) I The City Clerk presented a transmittal from the City Administrator of a communication from the I Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. I On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust li the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 Iota or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs j On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset i Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: i AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder ! NOES: Siebert ABSENT: Gibbs i i*ic**drirk*4irir*#xktY,t�k�Yir'k**fYirki�#k*skrt*int*Ar*Irk�M�lr*�k�ir*�Ir***�4i-x**irYkitirir�r**irkyr***4r*4 On motion by Pattinaon,second Bartlf" regular meeting of the City Council of the City of Huntington Beach adjourned at to to Mond_ay,December 20,1976 at 7:00 P.M. in the Council Chamhpr a : x Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriet M. Wieder City Clerk Mayor STATE OF CALIFORNIA } County of Orange ) Be: City of Huntington Beach ) I, ALICIA M. WENTWORT'H, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December , 19 76 . Alicia M. WentjM th City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: BY: Deputy `f EXCERPT OF THE ACTION OF CITY COUNCIL j Council Chamber, City Hall Huntington Beach, California Monday, December 6, 1976 Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Be t11tr Pattinson. Coen_ Siwbgrj, Wieder Shenkman arrived 8:10 P.M. Councilmen Absent: Ubte frklmic+ktir*,tinkA^kkltsritif*�Ir�#'#k�+k*'NkN*k�IritirittFk�l'#'rl'k*i.+Hr�/r#�rrk*FdnY+IriWrk*�h**�#rrFA k**ir�lrk*k i SUNSET HEIGHTS PARK/GALLO PROPERTY - RECOMMENDATIONS APPROVED - (CA 76-195) The City Clerk presented a transmittal from the City Administrator of a communication from the Director of Recreation, Parks and Human Services, which recommends that Council apply eminent domain proceedings on the nine small lots at the NE corner of Lynn and Pearce Streets in Sun- set Heights owned by Mr. and Mrs. Francis Gallo. On motion by Shenkman, second Coen, Council approved the recommendation of staff to adjust ' the boundary of the Sunset Heights neighborhood park site by excluding the previously approved 1.75 acres of small lots in Tract #184, 9 lots (130-136, #155, and #156) in Tract #185 and acquiring, by eminent domain if necessary, the remaining 9 property parcels (32 lots or .92 acres) and the Evelyn Miller parcels (1 acre) north and adjacent to Tract #185. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder { NOES: Siebert ABSENT: Gibbs On motion by Coen, second Pattinson, Council approved the recommendation of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sunset j Heights, Huntington Beach, for the sum of $25,506 (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert ABSENT: Gibbs 1 i k/riatir+tleAntic*ityltdrk�lr#rlt�*ytA�t***Yrinir�l'+4"k'h'*ic*a+oFylrir�lk*'kk'**it*kl-,t*y4*k�nt�t�LYe*,Mrirk***Ar�**ic*�k On motion by Pattinson,second Bartle" regular meeting of the City Council of the City of Huntington Beach adjourned at _to_ to Mond_ey.Deceslber 20,1976 at 7,00 P.M. in the Council Chamber a�}tsxmkk aXaUMxFKKae#xkXX1k&htx£ dotsxKV&KXx Motion carried. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Harriett M. Wieder, City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) so: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular meeting held on the 6th day of December , 1976 . WITNESS my hand and seal of the said City of Huntington Beach this the 23rd day of December 19 76 , Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy JJ� TITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance andST?ust Company AND by a ,., s t r o'L ;xra i resident Attest Secretary TO 1012 TI (5-77)California Land Title Association Standard Coverage Policy-1973 Cat.No.NNO0240 Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct surveywould disclose,and which are not shown bythe public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not Limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by k the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company r prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without j knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. i 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a) of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors,personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives,next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term"insured"also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving, however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property;provided, however,the term "land"does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) ''public records':those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. } (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) � { ry (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and (2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirabl&to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, q. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- In addition to the notices required under Paragraph 3(b)of these ner which discharges the lien of the insured mortgage,and if such insured is a corporation, its transferee of the estate or interest so Conditions and Stipulations,a proof of loss or damage,signed and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant, at the written request of the Company,shall furnish such interest thereon, as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 Gays time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy, in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided, however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense f an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the o such litigation involves a of alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against this policy. payment therefor as herein provided. Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured,is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such insured all liability of the Company shall cease and terminate in h the amount of insurance stated in Schedule A,or,if applicable, t regard to the matter or matters for which such prompt notice is the amount of insurance as defined in paragraph 2(a) hereof;required; provided, however,that failure to notify shall in no case (iii) if this policy insures the owner of the indebtedness securedd prejudice the rights of any such insured under this policy unless the the insured mortgage,and provided said owner is the insured claim Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness,plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured, and all costs, attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect,lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect,lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage, as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid(1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue, com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an Insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage, except as provided in paragraph 2(a) hereof. the Company,in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount,if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a)a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any,attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim, shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for 10. Subrogation Upon Payment Settlement endorsement of such payment unless the policy be lost or destroyed, 9 P y in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,6300 estate or interest from the lien of the insured mortgage,or release Wilshire Boulevard, P.O. Box 92792, Los Angeles,California 90009. any collateral security for the indebtedness,provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z c Z LL A D o 3 n 9 m a y z Z v M c Ln Schedule A No. Date of Policy: 573308—M JANUARY 11 1977 AT 8 : 00 A.M. Amount of Insurance: Premium 5 3 , 000 . 00 `' 100 . 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION . 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. TO 1991 B (10-75)California Land Title Association Standard Coverage Policy-1973 schedule m This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part II 1 . GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977. FIRST INSTALLMENT $31 . 42 PLUS PENALTY OF $1 . 38 SECOND INSTALLMENT: $31 . 42 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER. OVINERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED iJANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER. DEEDS OF RECORD. AFFECTS LOTS 1 TO 156, INCLUSIVE. I lottvU ko-/oJ nnity luali �anu I 'uc naaw,.., -.,— • --j ,.- .,. -., , -". --.-_ _..__.. Land Title Association Owner's Policy Form B-1970 or California Land Title Association Standard Coverage Policy-197.V Schedule C The land referred to herein is described as follows: LOTS 109 AND 110 OF TRACT NO. 185 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 167 �2. /l /e •g 8 7 6 J' f 3 T. /•�.' lot 4 13 1+ /r /6 /7 18 19 RO z/ 2z 23 2LIL �3b q3' ?f 33 92 3/ 3o z9 28 2? 26 21 ,37 3 8 39 *0 ( 42• ¢3 ¢f �s fG f7 �`8• 6,0 •sy so .07 06 S•s ✓r¢ -4 7 ✓5,z .9/ Jo -09 (f GS 4b (¢7 G9 69 70 71 7z 84. 89 $z 8/ 86 79 78 77 176 7.r 7¢ 73. •Ss 86 87 38 99 9 9/ 9Z 93 911 95- 91, /03 107 /06 /o 10¢ 103 /02 /0/ /"0 99 9 99 7 Q a � V 109 J//1 //I //,Z /(3 1114 //r //6 1117 (/8 /19 Izo /.7,Z /31 170 Id9 1d$ d ZG 7 1. /2.?12¢ I23 122 /Z( 133 13¢ t7 131, 177 /74 1?9 /4'0 /$Z/ /1(,2 /s(o IS' /rf(S3 .3 z !J'/ •r /¢9 ¢,f If7 !4b /fS 1l� •. �. ., •. .. 2.d` z •• 6 6.03 h 330•03 ' F7-0) S7. � K Cie- v 0 N This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. JJr TITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; S. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and.4,rust Company `�4 b ,Paresident Copy of Pdlicy No additional Ilablll.ty assu;rned TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained, by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a) of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage": a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge'':actual knowledge, not constructive knowledge sentatives,next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term"insured"also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving,however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property;provided, however,the term''land''does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) ''public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and (2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- ner which discharges the lien of the insured mortgage, and if such In addition to the notices required under Paragraph 3(b) of these insured is a corporation,its transferee of the estate or interest so Conditions and Stipulations,a proof of loss or damage,signed and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant,in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. b. Continuation of Insurance After Conveyance of Title P Options to Pay or Otherwise Settle Claims and Options to ( ) Y Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves an alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against a this policy. payment therefor as herein provided.Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in (a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such insured all liability of the Company shall cease and terminate in (ii)the amount of insurance stated in Schedule A,or, if applicable, regard to the matter or matters for which such prompt notice is the amount of insurance as defined in paragraph 2(a) hereof;or required; provided, however,that failure to notify shall in no case (iii) if this policy insures the owner of the indebtedness secured prejudice the rights of any such insured under this policy unless the the insured mortgage,and provided said owner is the insured claim- Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness, plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b. The Company will a to establish the title to the estate or interest or the lien of the ) , Y pay, in addition to any loss insured against insured mortgage, as insured;and the Company may take any appro- by this policy,all costs imposed upon an insured in litigation carried priate action,whether or not it shall be liable under the terms of on by the Company for such insured,and all costs,attorneys'fees and expenses in litigation carried n by such insured with the this policy, and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. pro (c.)When the amount of loss or damage has been definitely fixed in Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien.or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the Insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction, and disposition of all appeals therefrom, adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage, as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction df Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which kuch insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss, but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy, but gage, except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any, attached hereto by the Company is the entire policy by this policy,or(b) a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except The provisions of this paragraph 9 shall not apply to an owner of by writing endorsed hereon or attached hereto signed by eitherthe President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street, P.O. Box 2586, Los Angeles, California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z to C Z ozLL5 3 ^ 9 m D y z Z C Ln iO n r Schedule A No. Date of Policy: 573308—M JANUARY 11 1977 AT 8 : 00 A.M. Amount of Insurance: Premium 000 . 00 S 100 . 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, .A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. TO 1991 B ?0,75)C81ifornia Land Title Association Standard Coverage Policy-1973 � t Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part II 1 . GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977. FIRST INSTALLMENT $31 . 42 PLUS PENALTY OF $1 . 38 SECOND INSTALLMENT: $31 . 42 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER. OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS LOTS 1 TO 156, INCLUSIVE. I lbtbb G ln-/b).HmerlCdrl Ldnu i Iuc —Y--I --111 -- - I - ..y.. ... - Land Title Association Owner's Policy Form B-1970 or California Land Title Association Standard Coverage Policy-1973 Schedule C The land referred to herein is described as follows: LOTS 109 AND 110 OF TRACT NO. 185 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. lot :23 ;t5" •2J' • •• •• Z!' 2G 2� Goa .2 /l /+ Ix /6 /7 is !9 R O z/ 21- 29 2!V 4 � �34 3r 9f 33 32 3/ 3o 29 z8 27 26 2-f •37 3 8 3 9 *0 / 4Z ¢3 ¢f�•s fG f7 0'8Z •60 .S9 SS -47 16 s1 ✓`¢ -43 sz 9/ so -49� �L/ 62 dy 4f G.r 46 &7 69 69 70 7/ 7z, 84 89 92 8/ 86 79 79 77 76 r.s 71, 73. ,$5' 84 87 88 89 90 9/ 9z 93 .9 IL 95" 96 i !o3 107 /06 /05/od t03 /02 Ia( iaa 99 98 -9 /./09 //0 /�/ /I,2 /13 /If /is //4 //7 I'("S /19 Iz0v /7.Z I71 /70 Id•9 /.28 1,27 /-Z& /,Z•g/.2f 112-7 /22 /2( ~ 133 177 /? /"o /fir /f t (43 /-f9 q � 1 1-10 I09 riq 110, 0) S 77 47 v 0 N This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. JTITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; i 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and j-rust°Company by h U' President k Copy of Pdl,icy� J� . , ir No additionaltllablli.ty assumed' •ab *'` TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or asse§sments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct surveywould disclose,and which are not shown bythe public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, cnvenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a)of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) ''insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term "insured" also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land'':the land described specifically or by reference in such indebtedness(reserving,however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property; provided,however,the term"land" does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) "public records":those records which by law impart con- whether named as an insured herein or not,and (iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirab�e to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- In addition to the notices required under Paragraph 3(b)of these ner which discharges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so Conditions and Stipulations,a proof of loss ni damage,signed and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished rt the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or of of l or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company - basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. b. Continuation of Insurance After Conveyance of Title P cha Options d Pay or Otherwise Settle Claims and Options to ( ) Y Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy, in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company, at its own cost and without undue delay, shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves an alleged defect,lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against by this policy. payment therefor as herein provided.Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgaqe,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be Liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy, or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured,is rejected as unmarketable. If such (i)the actual loss of the insured claimant; or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or,if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is (iii) if this policy insures the owner of the indebtedness secured by required;provided, however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim- prejudice the rights of any such insured under this policy unless the ant,the amount of the unpaid principal of said indebtedness,plus Company shall be prejudiced by such failure and then only to the interest thereon, provided such amount shall not include any addi- extent of such prejudice. tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable pay, in addition to an loss insured against to establish the title to the estate or interest or the lien of the (b.)The Companywill a y g by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried n by such insured with the this policy, and shall not thereby concede liability or waive any ro written authorization of the Company. provision of this policy. pro (c.)When the amount of loss or damage has been definitely fixed in Whenever the Company shall have brought any action or inter posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect,lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding, and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. I (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness whichisuch insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy, but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any,attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby, or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except The provisions of this paragraph 9 shall not apply to an owner of by writing endorsed hereon or attached hereto signed by eitherthe President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for 10. Subrogation Upon Payment Settlement endorsement of such payment unless the policy be lost or destroyed, 9 P y in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction,of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street,P.O.Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m \` z 1 D C $ n o Z 3 m a y z Z v c to No. Date of Policy: 573308—M JANUARY 11 1977 AT 8 : 00 A.M. Amount of Insurance: Premium 5 3 000 . 00 ' 100 . 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. TO 1991 B (10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part 1 All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part II 1 . GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR. 1976-1977 . FIRST INSTALLMENT : $31 . 42 PLUS PENALTY OF $1 . 38 SECOND INSTALLMENT: $31 . 42 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY ' 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS LOTS 1 TO 156, INCLUSIVE. Land Title Association Owner's Policy Form B-1970 or California Land Title Association Standard Coverage Policy-1973 Schedule C The land referred to herein is described as follows: LOTS 109 AND 110 OF TRACT NO. 185 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. lot 23 23' •2J • • •• •• 23 2a " 24' 6-09 9 8 7 6 s' f 3 X / Q YJ3 /+ /s /6 /7 /8 19 RO ,2/ 2 2 29 R..F,' O a 3.f, ?t 73 9z 3/ 30 19 z8 27 2.6 2J ,3-7 3 8 39 *0 ( 42- t3 fg -fs f6- f7 /`g` 60 9.9 sJ S7 sb Ss ✓`IC s3 Sz 9/ So 49 ' �!o/ 62 /ice 6f 6S GG 47 GB 69 70 7/ 7Z 8¢ 87 92 8/ Bo 79 79 77 76 ?s ?¢ 72. •85' 8G 97 88 89 90 Ig/ 97- 93 91, 95 96 /og /off /oG /o !04 !0.7 /02 /0/ jlddj9_q 99 97` V !7Z !?/ 170 !d9 1.2$ d7 /.ZG /23 122 /2/ /33 !3f t.7 136 177 /78 179 <s-o /¢< /fZ /¢3 /tA Q a Ir'21 Y:g"T7"• � AR C E_ K I' 1 � N C� Ale ,✓' This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. IF JJ�TITLE INSURANCE AND TRUST . ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack.of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and- rust drripany by u President m Copy of Policy n; No additional Ilab'llity assumed _ §t x E y t: TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 f Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown bythe public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a)of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage": a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term "insured" also includes (i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving,however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property;provided, however,the term"land''does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part 1 of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) ''mortgage": mortgage,deed of trust,trust deed,or other which is--an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or-guaranteeing said indebtedness,or any part thereof, (h.) ''public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2)in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- In addition to the notices required under Paragraph 3(b)of these ner which discharges the lien of the insured mortgage,and if such Conditions and Stipulations,a proof of loss or damage,signed and insured is a corporation,its transferee of the estate or interest so sworn to by the insured claimant shall be furnished to the Company acquired, provided the transferee is the parent or wholly owned subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss on interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in, b lien or encumbrance guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, bass es the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. , the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. b. Continuation of Insurance After Conveyance of Title P Options to Pay or Otherwise Settle Claims and Options to (b.) Y Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided,the owner of such (a.)The Company,at its own cost and without undue delay,shall indebtedness shall transfer and assign said indebtedness and the provide for the defense of an insured in litigation to the extent that mortgage and any collateral securing the same to the Company upon such litigation involves an alleged defect, lien,encumbrance or other payment therefor as herein provided.Upon such offer being made matter insured against by this policy.- by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing (i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in (a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgaqe,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or,if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is (iii) if this policy insures the owner of the indebtedness secured by required; provided, however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim- prejudice the rights of any such insured under this policy unless the ant,the amount of the unpaid principal of said indebtedness, plus Company shall be prejudiced by such failure and then only to the interest thereon, provided such amount shall not include any addi- extent of such prejudice. tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do.any other act which in Its opinion may be necessary or desirable _ (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'.fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (d.)Whenever the Company shall have brought any action or inter- (c.)When the amount of loss or damage has been definitely fixed in accordance with the conditions of this policy,the loss or damage posed a defense as required or permitted by the provisions of this shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, l to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom, adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage, as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. i (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy, but gage, except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any, attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the. under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby, or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured bythe insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street,P.O. Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z c $ D o Z n m D D z Z v c to CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 1 , 1986 0. C. Recorder's Office P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find Agreement between City and Leon and Roslyn Menkes for Acceptance of Deposit in Lieu of Satisfaction of Conditions of Development to be recorded and returned to the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92646. Also enclosed is a copy of the Agreement to be conformed with document number and recording date. Thank you. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714-536-5227) J, AGREEMENT BETWEEN CITY AND LEON AND ROSLYN MENKES FOR ACCEPTANCE OF DEPOSIT IN LIEU OF SATISFACTION OF CONDITIONS OF DEVELOPMENT THIS AGREEMENT, made and entered into this . e day of - "r`"' 198 6 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY" , and Leon and Roslyn Menkes, owners and sole proprietors , hereinafter referred to as "DEVELOPER" . WHEREAS, DEVELOPER is required by Huntington Beach Ordinance Code (hereinafter HBOC) §9730 .4 to dedicate to CITY a portion of 7752 Speer Avenue in the City of Huntington Beach for public street and sidewalk purposes and to make the required public improvements (herein " Improvements" ) thereon; and, DEVELOPER has dedicated said real property but desires to delay the construction of said Improvements; and CITY is empowered by its ordinances to grant to DEVELOPER permission to delay said Improvements upon the terms and conditions set forth herein; and The Improvements required by CITY to be completed by DEVELOPER on the above described parcel are: curbs and gutters , sidewalks , driveways , paving and pavement removal . NOW THEREFORE, in consideration of the promises and conditions herein set forth, the parties agree as follows: 1 . DEPOSIT Pursuant to HBOC §9730 . 14, DEVELOPER, upon execution of this Agreement, will deposit with the City Treasurer the (MENKES ) 1 . sum of Five-thousand one-hundred and fifteen Dollars 45, 115.00, which sum is equal to 150% of CITY'S estimated cost for Improvement construction required hereunder . The deposit may be in cash, by cashier 's check, or by corporate surety bond. 2 . NOTICE TO CONSTRUCT IMPROVEMENTS Upon notice in writing from CITY to proceed DEVELOPER will construct all required Improvements to the CITY' s speci- fications and to the satisfaction of its inspectors . All work shall be performed within 90 days of the date of the notice to proceed, but shall in any case, with or without notice from CITY, be completed within two (2 ) years of the date of execution hereof . No work shall be deemed complete until formally accepted by CITY. CE OF IMPROVEMENTS - RETURN OF CASH DEPOSIT 3 . ACCEPTA�T�T If DEVELOPER has made cash deposit with the City Treasurer under Section 1 hereof, upon CITY' s acceptance of the Improvements the DEVELOPER may demand return of said deposit which shall be returned, with legal interest, within 30 days of said demand. 4. DEVELOPER BREACH OF COVENANT TO CONSTRUCT In the event that DEVELOPER fails to satisfactorily complete construction of the Improvements within ninety days after CITY ' s notice to proceed, CITY, at its sole option, may invade the deposit and utilize same to complete the construction Improvements as herein set forth . . Any monies remaining unspent shall be returned to DEVELOPER as provided in Section 3 hereof . (MENKES) 2. 5. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY: All Improvements hereby required will be constructed in accordance with the CITY' s plans , specifications and requirements applicable to similar work usually performed under contract to CITY and which are in effect at the time of construction. 6. INSPECTION: CITY shall control work in all public job sites and dedicated areas . CITY may inspect the construc- tion of Improvements at all reasonable times . CITY will cooperate with DEVELOPER to provide access to CITY-owned utilities and allow all necessary encroachments to public or CITY-owned property; provided, however , that the entire cost thereof shall be borne by DEVELOPER. 7. WARRANTY: All Improvements shall be fully and absolutely warranted by DEVELOPER as to materials and workman- ship for one ( 1 ) year after the date of their acceptance by CITY. 8. PUBLIC WARNING AND PROTECTION: DEVELOPER shall at all times until CITY'S final acceptance of the Improvements give good and adequate warning to the traveling public of each and every defective or dangerous condition within and adjacent to public streets and highways and the Improvement site and will protect the traveling public from such defective or dangerous conditions . It is understood and agreed that until the completion of all the Improvements herein agreed to be performed, the Improvement site and each of said streets and highways not accepted as improved shall be under the exclusive control of DEVELOPER for the purpose of this Agreement . With the consent of the City Engineer, DEVELOPER may close all or a (MENKES ) 3. portion of any or highway street whenever it is necessary to protect the traveling public during the making of the Improvements herein agreed upon . DEVELOPER hereby agrees to pay for such inspection of streets and highways as may be required by the City Engineer . 9 . INDEMNIFICATION-COVENANT TO SAVE AND HOLD HARMLESS : DEVELOPER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers , and employees against any and all liability, claims, judgments , costs and demands , however caused, including those.resulting from death or injury to DEVELOPER'S employees , contractors or subcontractors , and damage to property, arising directly or indirectly out of the obligations herein undertaken by DEVELOPER, or out of the operations conducted by DEVELOPER, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. DEVELOPER will defend any such suits at its sole cost and expense when so requested by CITY, and any costs of defense or attorney 's fees incurred by CITY in enforcing this obligation shall be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction . 10. WORKERS ' COMPENSATION: DEVELOPER shall comply with all of the provisions of the Worker ' s Compensation Insurance and Safety Acts of the State of California, and shall indemnify, defend and hold harmless CITY from and against all claims , demands , payments , suits , actions , proceedings and judgments of every nature and description, including (MENKES ) 4. attorney' s fees and costs , presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by DEVELOPER under this Agreement, and shall provide to CITY, on CITY'S form, evidence of Workers ' Compensation Insurance or self-insurance satisfactory to the City Attorney. 11 . GENERAL PUBLIC LIABILITY INSURA14CE : DEVELOPER shall maintain in force during the construction period and until CITY ' s final acceptance of the Improvements , at DEVELOPER' s sole expense, a general public liability policy in which CITY, its officers and employees are Additional Named Insureds . Said policy shall insure DEVELOPER against any and all loss , damage or expense by reason of any suits , claims , demands , judgments and causes of action arising out of or in consequence of DEVELOPER' s performance of this Agreement . The policy shall provide for not less than the following coverage: Combined single limit bodily injury and/or property damage including products liability and vehicles , owned and non-owned: t1, 000, 000 combined single limit per occurrence . Said policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Board of Casualty Underwriters , together with such endorse- ments as are required to cover the risks involved . DEVELOPER shall arrange for the policies to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. Evidence of such insurance shall be furnished to CITY on the CITY' s certificate form and shall be approved by the . City Attorney. Any such policy must contain a provision of (MENKES ) 5 written notice to the CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30 ) days before such expiration or cancellation is effective . 12 . LIABILITY FOR WORK: In addition to the covenants to hold and save harmless and to provide insurance set foth herein, the parties agree that neither CITY nor any officers or employees thereof shall be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same by CITY, nor shall CITY or any officer or employee thereof be liable for any person or property injured by reason of DEVELOPER' S work hereunder , but all of said liabilities shall be assumed by DEVELOPER. DEVELOPER further agrees to protect and defend CITY and the officers thereof from all liability or claim because of, or arising out of, the use of any patent or unpatented article in the construction of Improvements hereunder . 13 . ATTORNEY'S FEE: In the event suit is brought by CITY to enforce the terms and provisions of this Agreement or any bond given to secure the performance hereof, a reasonable attorney ' s fee, to be fixed by the court, shall be paid by DEVELOPER in CITY' s favor . 14 . NOTICES : All notices required or permitted here- under shall be delivered in person or by registered or certi- fied mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. (MENKES ) 6. 15. RECORDATION: Pursuant to California Government Code §66499(b) , this Agreement shall be recorded with the County Recorder of the County of Orange , California . 16. ENTIRETY: The foregoing represents the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized upon the day, month and year first above written. DEVELOPER: LEON & ROSLYN MENKES, CITY OF HUNTINGTON BEACH owners and sole proprietors a municipal corporation of the State of California By' feoii Menkes Robert P . Mandic, Jr By f -; Roslyn Me Pkes 7IT IATFn ANDAPPFOVED: APPROVED AS TO F i Paul '-Cook Gaitl Hutton , DIRECTOR OF PUBLIC WORKS CITY ATTORNEY REVI D & APPROVED ATTEST: arles W. Thomps n 41cia ntworth i�/,/ (01 CITY ADMINISTRATOR CITY CLERK (MENKES) 7. ANNING 7 SECTIONAL DISTRICT MAP - 5 -- 11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP M tt WARNER AVE FIR DR CAN aVF In CF—E (WIHTER33.R5 MGM SCIiDP) Ll 3 J CF-R ID CCDAA WE 3 ) M CF—E111� ETTY OR I ("A!c VIEW S::K':;:i) MUCREL1 DR IIY6TM 2 CF—C RARMN DR F- FORD DR J 5 Yy 8 AVE� 1—KEP.. TELEPHONE V.A.T.rTEE1.ANGE`YAW' nil P ER a F g C F—R � �Li J I:iJ1.TF!!G'CN CF.HT7Ai.n:,,�t;.) W AN AVE U t w m W 110H DR I 7 ` � O Z Q O W O t ? 0 f g Z lJ O u = 3 i TALSERT AVE u iroj Ajo-/cl L-aurornia 1-3no Iitle Association stanaara Coverage Policy-1973 or American Land Title Association Owners Policy Form r3-,970 Schedule A No. Date of Policy: 573308 SEPTEMBER 20, 1976 AT 8 : 00 A.M. Amount of Insurance: Premium $ 120,.904. 26 S 398 . 50 1. Name of Insured: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule S This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part 11 1 . GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, A LIEN NOT YET PAYABLE. 2. AN EASEMENT OVER SAID LAND FOR PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 105, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS LOTS 1 TO 156 INCLUSIVE. 3. AN EASEMENT FOR STREET PURPOSES AND FOR CONSTRUCTION AND MAINTENANCE OF PIPE LINES, TELEPHONE, TELEGRAPH AND POWER LINES ACROSS AND UNDER THE SOUTH 13 FEET OF LOTS 52 AND 53, THE NORTH 2 FEET OF LOTS 61 TO 71 INCLUSIVE, THE SOUTH 16 FEET OF LOTS 76 TO 84 INCLUSIVE, AND THE NORTH 4 FEET OF LOTS 37 TO 89 INCLUSIVE, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK., A CORPORATION, RECORDED JANUARY 30, 1922 IN BOOK 411 PAGE 398 OF DEEDS . 4. AN EASEMENT FOR STREETS AND INCIDENTAL PURPOSES, Ida FAVOR OF OTHER OWNERS IN THE TRACT, OVER THE NORTH 20 FEET OF THE SOUTH 110 FEET, THE NORTH 20 FEET OF THE SOUTH 210 FEET, THE NORTH 20 FEET OF THE SOUTH 310 FEET, THE NORTH 20 FEET OF THE SOUTH 410 FEET, THE NORTH 20 FEET OF THE SOUTH 510 FEET AND THE NORTH 20 FEET OF THE SOUTH 610 FEET OF SAID TRACT NO. 135, AS GRANTED IN DEED RECORDED IN BOOK 410 PAGE 404, DEEDS. 5. AN EASEMENT OVER THE SOUTH 20 FEET OF LOTS 27 AND 28 FOR STREET, POLE LINES, CONDUITS AND INCIDENTAL PURPOSES, AS RESERVED BY SECURITY TRUST AND SAVINGS BANK, A CORPORATION, (INTO WHICH THE LONG BEACH TRUST AND SAVINGS BANK, WAS MERGED ON DECEMBER 3, 1921) IN DEED RECORDED FEBRUARY 23, 1922 IN BOOK 413 PAGE 319, DEEDS. T0[99ZB0U=75) California Land Title ASSOClation aianaara .overage —iuy-Tara u ., e �en �cti ac .,�o.,.. caw v.• ca �v .,Schedule B (Continued) 6. AN EASEMENT FOR STREET PURPOSES AND FOR CONSTRUCTION AND MAINTENANCE OF PIPE LINES, TELEPHONE AND TELEGRAPH AND POWER LINES ACROSS AND UNDER THE NORTH 6 FEET OF SAID LAND, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK, A CORPORATION, RECORDED OCTOBER 25, 1923 IN BOOK 495 PAGE 271, DEEDS, AFFECTS LOTS 3 TO 10 INCLUSIVE, 17 TO 26 INCLUSIVE, 29, 31, 42, 43 TO 48 INCLUSIVE, 52 TO 60 INCLUSIVE, 61 TO 71 INCLUSIVE, 76 TO 84 INCLUSIVE, 87 TO 89 INCLUSIVE, 101 TO 108 INCLUSIVE, 112 AND 113, 123, 124, 129, 137 TO 139 INCLUSIVE, 142 AND 143. L_cnu I ILIV uwner s ruiicy rurm iaiu ur caMornia Land i itie Association Standard Coverage Policy-1973• - Schedule C The land referred to herein is described as follows: LOTS 3 TO 10 INCLUSIVE, 12 THROUGH 14 INCLUSIVE, 17 THROUGH 29 INCLUSIVE, 310 42 THROUGH 43 INCLUSIVE, 50 THROUGH 71 INCLUSIVE, 76 THROUGH 84, INCLUSIVE, 87 THROUGH 89 INCLUSIVE, 101 THROUGH 108 INCLUSIVE, 112 THROUGH 116 INCLUSIVE, 123 THROUGH 129 INCLUSIVE, 137 THROUGH 140 INCLUSIVE, 142 AND 143 OF TRACT 185 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE " 28, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. .EXCEPT 9/10THS OF ALL OIL, GAS, NAP.THA, OR OTHER KINDRED SUBSTANCES, DEPOSITED IN, LYING UNDER, OR FLOWING THROUGH SAID LAND, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR THE TOP 500 FEET OF THE SUBSURFACE. THEREOF, AS RESERVED IN THE DEED FROM P. R. CONRAD AND PAULINE M. CONRAD, HUSBAND AND WIFE, BY DEED RECORDED JULY 18, 1961 IN BOOK 5787 PAGE 34, OFFICIAL RECORDS, AFFECTING LOTS 13, 14, 27 AND 28. EXCEPT AN UNDIVIDED HALF OF ALL OIL, GAS, MINERALS AND OTHER HYDRO- CARBON SUBSTANCES LYING BELOW A DEPTH OF 200 FEET, AS RESERVED IN DEED FROM SAMUEL FREEMAN AND SARAH FREEMAN, HUSBAND AND WIFE, RECORDED" MAY 14, 1954 IN BOOK 2728 PAGE 78, OFFICIAL RECORDS AFFECTING LOTS 3 TO 10 INCLUSIVE, 17 TO 26 INCLUSIVE, 29, 31, 42, 43, 54 TO 60 INCLUSIVE, 101 TO 108 INCLUSIVE, 112, 123, 124, 129, 137, 138, 139, 142 AND 143 . ALSO EXCEPTING THEREFROM ANY INTEREST IN OIL, GAS AND OTHER HYDRO- CARBON SUBSTANCES WHICH MAY HAVE BEEN RESERVED BY ALBERTA A. HAWTHORNE, WILLIAM N. THOMPSON, MURIEL THOMPSON, GEORGE RICHMOND, ANNIE RICHMOND, GROVER DIXON AND DOROTHY DIXON, BY DEED RECORDED MARCH 29, 1955 IN BOOK 3012 PAGE 404, OFFICIAL RECORDS, WHICH CONTAINS THE FOLLOWING RECITAL: AFFECTING LOTS 3 TO 10 INCLUSIVE, 17 TO 26 INCLUSIVE, 29, 31, 42, 43, 54 TO 60 INCLUSIVE, 101 TO 108 INCLUSIVE, 112, 123, 124, 129, 137, 138, 139, 142 AND 143 . "EXCEPTING THEREFROM THE FOLLOWING OIL RIGHTS : ALBERTA A. HAWTHORNE, A MARRIED WOMAN, AS HER SEPARATE PROPERTY, 16%; WILLIAM N. THOMPSON AND MURIEL THOMPSON, HUSBAND AND WIFE, AS JOINT TENANTS, 8%; GEORGE RICHMOND AND ANNIE RICHMOND, HUSBAND AND. WIFE, AS JOINT TENANTS, 8%; GROVER DIXON AND DOROTHY DIXON, HUSBAND AND WIFE, AS JOINT TENANTS 8%; BY DEED RECORDED MARCH 29, 1955 IN BOOK 3012 PAGE 404, OFFICIAL RECORDS, WITHOUT THE RIGHT TO ENTER UPON SAID LAND ABOVE A VERTICAL DEPTH OF 200 FEET THEREOFA" AFFECTING LOTS 3 TO 10 INCLUSIVE, 17 TO 26 INCLUSIVE, 29, 31, 42, 43, 54 TO 60 INCLUSIVE, 101 TO 108 INCLUSIVE, 112, 123, 124, 129, 137, 138, 139, 142 AND 143 . EXCEPT FIVE PERCENT OF ALL OIL, OTHER HYDROCARBONS, GAS AND ALL ASSOCIATED SUBSTANCES AND MINERALS, IN, UNDER AND/OR THAT MAY BE PRODUCED FROM ANY PORTION OF SAID REAL PROPERTY LYING BELOW A VERTICAL DEPTH OF 200 FEET BELOW THE PRESENT SURFACE THEREOF, BUT WITHOUT THE RIGHT TO ENTER UPON SAID LAND ABOVE A VERTICAL DEPTH OF 200 FEET THEREOF, AS RESERVED IN THE DEED FROM HARRY KUTLER AND WIFE, TO ALBERTA A. HAWTHORNE, ET AL. , RECORDED JUNE 211p 1954 IN BOOK 2753 PAGE 101, OFFICIAL RECORDS AFFECTING LOTS 44 TO 48 INCLUSIVE, LOTS 52 AND 531? LOTS 61 TO 71 INCLUSIVE, LOTS 76 TO 84 INCLUSIVE. EXCEPTING THEREFROM ANY INTEREST IN OIL, GAS AND OTHER HYDROCARBON SUBSTANCES WHICH MAY HAVE BEEN RESERVED BY ALBERTA HAWTHORNE, WILLIAM N. THOMPSON, MURIEL THOMPSON, GEORGE RICHMOND, ANNIE RICHMOND, GROVER DIXON AND DOROTHY DIXON, BY DEED RECORDED MARCH 29, 1955 IN BOOK 3012 PAGE 404, OFFICIAL RECORDS, WHICH CONTAINS THE FOLLOWING RECITAL: AFFECTING LOTS 44 TO 48 INCLUSIVE, LOTS 52 AND 53, LOTS 61 TO 71 INCLUSIVE, LOTS 76 TO 84 INCLUSIVE. "EXCEPTING THEREFROM THE FOLLOWING OIL RIGHTS: ALBERTA A. HAWTHORNE, A MARRIED WOMAN, AS HER SEPARATE PROPERTY, 34%; WILLIAM N. THOMPSON AND MURIEL THOMPSON, HUSBAND AND WIFE, AS JOINT TENANTS, 17%; GEORGE RICHMOND AND ANNIE RICHMOND, HUSBAND AND WIFE, AS JOINT TENANTS 17%; GROVER DIXON AND DOROTHY DIXON, HUSBAND AND WIFE, AS JOINT TENANTS, - 17%; BY DEED RECORDED MARCH 29, 1955 IN BOOK 3012 PAGE 404, OFFICIAL RECORDS WITHOUT THE RIGHT TO ENTER UPON SAID LAND ABOVE A VERTICAL DEPTH OF 200 FEET", AFFECTING LOTS 44 TO 48 INCLUSIVE, LOTS 52 AND 53, LOTS 61 TO 71 INCLUSIVE, LOTS 76 TO 84 INCLUSIVE. EXCEPT AN UNDIVIDED HALF OF ALL OIL, GAS MINERALS, AND OTHER HYDRO- CARBON SUBSTANCES LYING BELOW A DEPTH OF 200 FEET, AS RESERVED IN DEED FROM SAMUEL FREEMAN AND SARAH FREEMAN, HUSBAND AND WIFE, RECORDED MAY 14, 1954 IN BOOK 2728 PAGE 78, OFFICIAL RECORDS AFFECTUBG LOT 113 . EXCEPTING THEREFROM ANY INTEREST IN OIL, GAS AND OTHER HYDROCARBON SUBSTANCES WHICH MAY HAVE BEEN RESERVED BY ALBERTA HAWTHORNE, WILLIAM N. THOMPSON, MURIEL THOMPSON, GEORGE RICHMOND, ANNIE RICHMOND.. GROVER DIXON AND DOROTHY DIXON, BY DEED RECORDED MARCH 29, 1955 IN BOOK. 3012 PAGE 404, OFFICIAL RECORDS, WHICH CONTAINS THE FOLLOWING RECITAL: AFFECTING LOT 113 .. "EXCEPTING THEREFROM THE FOLLOWING OIL RIGHTS : ALBERTA A. HAWTHORNE, A MARRIED WOMAN, AS HER SEPARATE PROPERTY, 36%; WILLIAM N. THOMPSON AND MURIEL THOMPSON, HUSBAND AND WIFE, AS JOINT TENANTS, 18%; GROVER DIXON AND DOROTHY DIXON, HUSBAND AND WIFE, AS JOINT TENANTS 18%; GEORGE RICHMOND AND ANNIE RICHMOND, HUSBAND AND WIFE, AS JOINT TENANTS; 18%; BY DEED RECORDED MARCH 29, 1955 IN BOOK 3012 PAGE 404, OFFICIAL RECORDS WITHOUT THE RIGHT TO ENTER UPON SAID LAND ABOVE A VERTICAL DEPTH .OF 200 FEET", AFFECTING LOT 113 . EXCEPT ALL MINERAL OIL, GAS AND OTHER HYDROCARBON AND KINDRED SUBSTANCES IN AND UNDER SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND, TO A DEPTH OF 500 FEET THEREOF, AFFECTING LOTS 127 AND 128 . EXCEPT 50% OF ALL OIL GAS, ASPHALTUM OR ANY OTHER MATERIAL OR HYDRO- CARBON SUBSTANCES IN OR UNDER SAID LAND, AS RESERVED BY LOUIS MATTIS AND MINNIE MATTIS, HUSBAND AND WIFE, IN DEED RECORDED APRIL 21, 1954 IN BOOK 2713 PAGE 604, OFFICIAL RECORDS, AFFECTING LOT 141 . NOTE: SAID OIL EXCEPTION DOES NOT CONTAIN A WAIVER OF SURFACE RIGHT OF ENTRY. 1� 236.4 D (7-75) 25 21' Z1 •• 23' 2G 2�' c-o3 8 7 i m Q ` 13 l+ /s /G /7 /8 19 117-0 R./ zz z3 2t� ° a r�1,34 3.r ?t 33 72 3/ 3o 29 ze 27 2b 2J ,37 3 8 39 4-0 4( 42- IL ¢ fs fG f7 ¢0'9 •60 Sy s'f .37 56 5. -Sfi -63 JQ .5! -fo 49 Gf Gs 4(. 4?7 GB (99 TO 71 7Z 1B¢ 83 32 8/ 80 79 78 77 76 7s 7'1 7-3 Ss 8 6 197 88 89 9 0 9/ 92 93 911 9 s 9 /05 /07 /06 to /om 167 /02 /0/ /00 99 99 97` J /09 !!o /// /(z l/.3 //, //7 //4 //7 //8 //9 /zo /.72 13/ ( /d9 11.2 6 /.ZS/=¢ /2.7 12Z /1/ ~ ,/33 !9¢ /.7. /3r, !77 /Y'4 /39 Imo g/ /if; /4? /99 q "V I 5 Z s Z (D PE14 RCE. 9 90 . 09 ' - - .33D •o9 ' 0) ST. I v 0 N Al This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy _to which it may be attached. JJ�TITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and'- rust'Companby y tl P,r,resident c r Attest r �� `? w TO 1012 TI(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which We ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company - prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e).resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, cr)venants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a) of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term "insured" also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land'':the land described specifically or by reference in such indebtedness(reserving, however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property; provided, however,the term''land''does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) ''mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) "public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) ca =l (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desira le to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the ins-Ored mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, q. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- In addition to the notices required under Paragraph 3(b)of these ner which discharges the lien of the insured mortgage,and if such insured is a corporation,its transferee of the estate or interest so Conditions and Stipulations,a proof of loss damage,signed and acquired, provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished the Company subsidiary of such insured;and in favor of any governmental agency within days after the insured claimant shalt ascertain or deter- or instrumentality which acquires all or any part of the estate or mine thee facts giving rise to such loss or damage.Such proof of loss or damage shall describe the defect in, on interest pursuant to a contract of insurance or guaranty insuring or b lien or encumbrance - guaranteeing the indebtedness secured by the insured mortgage., the title, or other matter insured against , this policy which con After any such acquisition the amount of insurance hereunder, ass es the basis of loss or damage, and,when appropriate,state the b exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of•the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided, however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves an alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against by this policy. payment therefor as herein provided. Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in (a) above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage forwhich the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A, or, if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is required'provided,,however,that failure to notify shall in no case (iii) if this policy insures the owner of the indebtedness secured prejudice the rights of any such insured under this policy unless the the insured mortgage,and provided said owner is the insured claim Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness, plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right,in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect,lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage, as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom, adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage, as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy, but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a)a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any, attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim, shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or.substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street, P.O. Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. Z D C1 O Z o fZ1 � m D D < Z v z c k Schedule A No. Date of Policy: 573308—G JANUARY 17, 1976 AT 8 : 00 A.M. Amount of Insurance: Premium S 3, 000. 00 S 100 . 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part II 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, AMOUNT $17 . 82 . 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY- TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE. Schedule C The land referred to in this policy is described as follows: LOT 49 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 157 23 ,ZJ' •.2J � •• •• •• •• Z3• 2G •' 2�• G43 8 7 6 s 3 7- /. � k Q 113 /+ Ii /4 /7 /8 19 Z.e rk 0 q 30 x9 28 27 26 2? •37 3 8 39 *0 � ¢2 ¢3rf fs fG fT f81 •60 9y sd -47 56 J,J ✓`¢ -43 ✓r2 9/ So 49• �!./ 62 47 Gt GS G6 (e7 6B 69 90 T/ 7Z• 8f $9 8z 8/ 9-179 ?8 77 76 7s T¢ 73' •Ss 84 97 38 89 90 91 92 93 9-` 95 96 i 103 107 /06 /0 104 167 /oz /0/ /00 99 99 97 O /•/a9 //0 /// /1Z /13 /11' /17 1/9 /19 /z0 V 1,7,Z 131 170 /a9 /18 27 /-ZG /.Zs 1.2 f 12-7 122 1.2/ u� `139 !3f /7 /36 !A9 /38 /79 14O /it., \ . Q q w /.rb 1s /rf /s3 Sz /9'/ r /¢9 ¢,g 1�� !¢6 /fs • .. .. . .,• 2 1' 2 .• 6' 6.03 + Ra30.03 ' ' ,D) S77 To 1 N ('1 This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. JJr TITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Company by _Pe,,rr) , President Copy of Policy No additional liability assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms nated in paragraph 2(a) of these Conditions and Stipulations. 9 The following terms when used in this policy mean: b. "insured claimant":an insured claiming loss or damage ( ) 9 (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) ''insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term "insured"also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving,however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property;provided, however,the term"land"does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage'': mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) ''public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man ner which discharges the lien of the insured mortgage,and if such In addition to the notices required under Paragraph ,signed these damage, insured is a corporation,its transferee of the estate or interest so Conditions and Stipulations,a proof of boss gned and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii)hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination, the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. b. Continuation of Insurance After Conveyance of Title P Options to Pay n Otherwise Settle Claims and Options to (b.) Y Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves an alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against a ill policy. payment therefor as herein provided. Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing (i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in (a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or,if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is r (iii) if this policy insures the owner of the indebtedness secured by required; provided, however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness, plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage, as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- accordance with the conditions of this policy,the loss or damage posed a defense as required or permitted by the provisions of this shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide forthe defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage, as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue, com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any, attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street,P.O. Box 2586, Los Angeles, California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z C '0 LL $ D o Z 9 m D y z Z 0 C Schedule A No. Date of Policy: 573308-G UANUARY 17, 1976 AT 8 : 00 A.M. Amount of Insurance: Premium S 3, 000. 00 S 100. 00 1. Name of Insured CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. f Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part 11 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, AMOUNT $17. 82 . 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY- TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE. Schedule C The land referred to in this policy is described as follows: LOT 49 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 157 25 ;z5, •2.1 • •• •• 23 2G 2(,' Goa 4 '/3 /+ Ix /!o 17 /8 /9 RO 13 ;L 33 .92 3/ 30 z9 29 27 2.6 ?.l ' •37 3 8 39 *o ( ¢2. f3 ¢f -fj fG {7 049 •Go S9 sd 57 56 3,1 S¢ s3 ✓�z .S/ so `f9� �L/ G2 (e9 6t 6s GG !a7 GB !09 70 71 7Z 84L g9 6z 8/ 8a 79 79 77 76 rs 71L 73• •g5 8 b 87 88 89 940 9/ 92. 93 9`L 95' 9G' !og /07 /06 !o 5 104- 107 /02 /0/ !no 99 98 97 � •109 //0 9 /Zo 1?2 13/ 170 I,Z9 /28 ,t7 /-26 /zs /2f /23 I22 IZ( ~ �133 19f t9 /3G 177 /.75 179 /9.0 /¢" /fZ ♦ . Q R �1Po AI-O) ST. 0 ry Cie 4 WAR This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. JJ�TITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Company ;!�; 2_" �, President Copy of Policy No additional liability assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained, by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a)of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage'':a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives,next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term"insured"also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving, however,all rights and defenses as to Schedule C, and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property; provided, however,the term"land" does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) ''public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Comr)any may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured, including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, q. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man ner which discharges the lien of the insured mortgage,and if such In addition to the notices required under Paragraph damage, signed these insured is a corporation,its transferee of the estate or interest so Conditions and Stipulations,a proof of loss ni damage,signed and acquired, provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished rt the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter mine the facts giving rise to such loss or damage.Such proof of loss or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect In,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy, in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided, however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense f an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the o such litigation involves a of alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against this policy. payment therefor as herein provided. Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing (i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such the amount of insurance as defined in paragraph 2(a) hereof;the amount of insurance stated in Schedule A,or, if applicable, insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is the by required; provided, however,that failure to notify shall in no case (iii) if this policy insures the owner of the indebtedness securedd prejudice the rights of any such insured under this policy unless the the insured mortgage,and provided said owner is the insured claim Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness,plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b. The Company will a y g to establish the title to the estate or interest or the lien of the ) , Y pay, in addition to an loss insured against insured mortgage,as insured;and the Company may take any appro- by this policy,all costs imposed upon an insured in litigation carried priate action,whether or not it shall be liable under the terms of on by the Company for such insured,and all costs,attorneys'fees and expenses in litigation carried n by such insured with the this policy, and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. pro (c.)When the amount of loss or damage has been definitely fixed in Whenever the Company shall have brought any action or inter posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage policy,the Company may pursue any such litigation to final deter— mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage, as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or propeTrty in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy, but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount,if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any,attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim, shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except The provisions of this paragraph 9 shall not apply to an owner of by writing endorsed hereon or attached hereto signed by eitherthe President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street, P.O. Box 2586, Los Angeles, California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z D Ln 1 n Z 0 D o Zr) 3 Z D < Z 0 M c Schedule A No. Date of Policy: 573308-G JANUARY 17, 1976 AT 8 : 00 A.M. Amount of Insurance: Premium S 3, 000. 00 ` 100. 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. I The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule.B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part 1. Part II 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976--1977, AMOUNT $17. 82 . 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY- TRUST AND SAVINGS BANK CFORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 161, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE. Schedule C The land referred to in this policy is described as follows: LOT 49 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. lot 8 7 6 S t 3 7- m ' Q `/3 /•f /s' /G /7 IS /9 ALL 7-1 22- 23 R f� T /Y o p3� 3r ?t 33 �2 3/ 3o z9 28 27 26 2.1 ,37 -38 39 4-0 / 4z ¢3 ¢f fr fG f7 ¢g. G0 S9 sa S7 s6 ,fs 3¢ s3 Sz .9/ Jo 49� •/i! GZ /e? Gt GS 66. 4,7 /iB (99 70 T/ 7Z /8•F g9 92 19/ 90 79 79 77 176 7s' 7-A 73' 8s 86 $� 88 89 9v y/ 9Z 93 9¢ 95- 9G, log /07 /oG l0 5 104- 10-7 /02 /0/ /eo 99 98 97 ,/09 I/O 11A /13 Ile- //7 //G 117 //8 /19 /.Zo /,7,Z IN 170 /;S 118 r d7 /.ZG /.ZT/.2¢ /23 /2.2 ~ �19.9 191C ly 1_76 /77 /78 17.9 /4D If" /fZ /¢3 /t! w IR � /s6 IS /rf(r3 sz 19•/ r ✓�' .. . zJ" �00/e t 1-.¢ --,�J\ 'FAR C E . h `33D-03 ' t1PD /4-0) $77 � K ry This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. i J�TITLE INSURANCE AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Company by �J President Copy of Policy No additional liability assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated In paragraph 2(a) of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) ''insured claimant":an insured claiming loss or damage (a.) ''insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term "insured"also includes (i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving, however,all rights and defenses as to Schedule C, and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property; provided, however,the term "land''does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) "public records'':those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Comr)any may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insuled mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure, or other legal man- ner which discharges the lien of the insured mortgage,and if such insured is a corporation,its transferee of the estate or interest so Conditions and Stipulations,a proof of loss or damage,signed and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage, and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy, in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves an alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against a this policy. payment therefor as herein provided. Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing (i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in (a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or,if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is r (iii) if this policy insures the owner of the indebtedness secured by required; provided,however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness,plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured, and all costs, attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- accordance with the conditions of this policy,the loss or damage posed a defense as required or permitted by the provisions of this shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction, and disposition of all appeals therefrom, adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage, as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue, com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any,attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street,P.O. Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z c ri Z LL ° D 0 m a y z Z v c Ln Schedule A No. Date of Policy: 573308—E FEBRUARY 3, 1977 AT 8 : 00 A.M. Amount of Insurance: Premium $ 3, 000 . 00 $ 100 . 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part 11 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, AMOUNT $33 . 03. 2. AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS LOTS 1 TO 156 INCLUSIVE. Land Title Association Owner's Policy Form B-1970 or California Land Title Association Standard Coverage Policy-1973 Schedule C The land referred to herein is described as follows: LOTS 15 AND 16 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY . Sol F 23 23' •RJ' h 'h 8 7 6 •s f 3 7- /^ m 4 xl3 Pf Ix /6 17 /B 19 A-0 z/ zz, 23 2t� Q q 911 33 1-72 131 30 19 28 z7 2(612.1 •3-1 3 S 39 *0 ( ¢2 f•3 ¢f fs fG f7 t9• 60 S9 -sd -4 7 56 j1 St 33 .5'2 .91 .fo 49 �41 62 G3 41L GS 64 !e7 GB 619 70 7/ 7z, '8f 89 92 8/ 86 79 79 77 76 7.s 7¢ 7-7 ,Ss 8G 87 88 89 90 9/ 92 93 9¢ 95 9& h !og 107 /06 10 1 104. 107 /02 /o/ /so 99 98 97 � /•/09 //0 /1/ //v (IS /19 Izo !7Z !31 /70 I,ly /18 27 l.26 /z?/zf 123 12z 1-2/ 133 l.9f t7 IY6 17.7 /78 /79 /A•O If" /!.Z /¢3 /ff \ . Q 1s /rf/r9P tt7 !tb /fS JAR C E K o N t`1 This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. JTITLE INSURANCE AND TRUST ATICOR COMPANY v` " ( Policy of Title Insurance a SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Company by ;!�; �)_"� , President Copy of Policy No additional liability assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assgssments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct surveywould disclose,and which are not shown bythe public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a)of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term"insured"also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving, however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property;provided,however,the term"land" does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) ''mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) "public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirab e to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured, including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, q. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- In addition to the notices required under Paragraph 3(b)of these ner which discharges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so Conditions and Stipulations,a proof of loss or damage,signed and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect In,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title, or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (iii)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy, in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided, however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense f an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the o such litigation involves a of alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against this policy. payment therefor as herein provided. Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgaqe,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured,is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A, or, if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is r (iii) if this policy insures the owner of the indebtedness secured by required; provided, however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness,plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- accordance with the conditions of this policy,the loss or damage posed a defense as required or permitted by the provisions of this shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction, and disposition of all appeals therefrom, adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage, as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss, but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an Insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount,if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any, attached hereto by the Company is the entire policy by this policy,or(b) a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby, or any action asserting the payment of any such mortgage any amount that otherwise would such claim, shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street,P.O. Box 2586, Los Angeles, California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z to c Z LL n a y < Z v c to Schedule A No. Date of Policy: 573303—E FEBRUARY 3, 1977 AT 8 : 00 A.M. Amount of Insurance: Premium $ 3, 000. 00 $ 100. 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part I. Part II 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977, AMOUNT $33 . 03. 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS LOTS 1 TO 156 INCLUSIVE. Land Title Association Owner's Policy Form B-1970 or California Land Title Association Standard Coverage Policy-1973 Schedule C The land referred to herein is described as follows: LOTS 15 AND 16 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY . -- 23 21' •.21' .. .. .• .. .. 23• 2G 2�' 603 8 7 Q 113 /+ IJ- /6 17 !8 19 X0 X/ 2i. 29 2Lf� 4 a 3f 3-7 9z 3/ 30 R9 z8 27 2.6 2.1 �3-1 3 8 3 9 4-0 4z ¢3 ¢f fs fG f1 0`81 •Go .S9 Jd 37 56 ss .S¢ s3 Sz 9/ So 49� �4! GZ 6/47 6 & (a7 68 (09 70 71 7,Z 8¢ 89 92 9( 86 79 79 77 76 7.4' 71L 73' Ss 84 87 88 89 9C) 9/ 92- 93 9¢ .95- 96� " / log 107 /06 10 10m 107 /02 /0/ 1a0 99 99 97 /`/09 //0 /11 /1,Z 11-7 //f- 11�' /!G //7 1/8 119 1.Zo � _ v In 131 170 1,jg 11$ 1,17 /-Z1, /.29/2¢j,2-7 122 /d( ~ �13.7 191C /36 /77 1?5 /79 /� /:P/ q M 2r z .• b G.aa •�F'�1 Y.¢'7'",��\AFAR C E_ �.. ' ' ' 9 9 0 • o � -- •� - -- 330•D3 ' ST I � Cie- W1A17—,,-- R-57.Se1,C,:�-' N This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. J(r TITLE INSURANCE ��^� AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Company by President Copy of Policy No additional liability assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a)of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) ''insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge'':actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term ''insured"also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving,however, all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property; provided, however,the term"land"does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) "public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insi'red mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, 4. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- In addition to the notices required under Paragraph 3(b)of these ner which discharges the lien of the insured mortgage, and if such Conditions and Stipulations,a proof of loss or damage,signed and insured is a corporation,its transferee of the estate or interest so sworn to by the insured claimant shall be furnished to the Company acquired, provided the transferee is the parent or wholly owned subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter mine the facts giving rise to such loss or damage.Such proof of loss or instrumentality which acquires all or any part of the estate or on interest pursuant to a contract of insurance or guaranty insuring or the damage shall describe the defect in,or lien or encumbrance - guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against , this policy which con After any such acquisition the amount of insurance hereunder, bass es the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder, insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (III) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the No right of action shall accrue to insured claimant until 30 days time of acquisition of such estate or interest in the land;or after such proof of loss or damage shall have been furnished. (III)the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest;provided, however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided,the owner of such pro vide for the defense of an insured in litigation to the extent that The Company, its own cost and without undue delay,shall indebtedness shall transfer and assign said indebtedness and the pro mortgage and any collateral securing the same to the Company upon such litigation involves an alleged defect, lien,encumbrance or other payment therefor as herein provided.Upon such offer being made matter insured against by this policy. by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing (i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(III) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or, if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is r (III) if this policy insures the owner of the indebtedness secured by required; provided, however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness, plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage policy,the Company may pursue any such litigation to final deter— mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and.expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which'such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue, com- as provided in paragraph 2(a) of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss, but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any, lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring (a)a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any,attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street, P.O.Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z to c Z DLL5 m a y < Z v c Ul Schedule A No. Date of Policy: 573308-R JANUARY 24, 1977 AT 8 : 00 A.M. Amount of Insurance: Premium S 2, 932 . 00 S 100. 00 1. Name of Insured: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule S Part I. Part 11 1 . TAXES PAID IN FULL. 2 . AN EASEMENT OVER SAID LAND FOR PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK CFORMERLY LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE. Schedule C The land referred to in this policy is described as follows: LOTS 121 AND 122 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK. 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 10/ 23 R1' •T1 r .. w 29 ZG' " 2(•' Gd3 � A 8 7 6 Q -jj3 /•f /S /6 /7 /8 /9 A-0 ;w z z z3 ;L 33 79 3/ 3o x9 z8 27 Rt 2j •37 3 8 39 *0 41 47- f3 ¢f- ¢s fb f7 %0'91 •60 .f9 so 37 16 SJ Jf s3 Sz .S/ Jo 49 �L! 62 G9 Gf GS GG (e7 16,61 69 70 71 7Z i •84L 83 92 9/ Ba 79 79 77 76 7s' 71- 73. •Ss 96 87 88 89 90 9/ 92. 93 .9?l 95 96 i %og /07 /c6 /0 104- 10-7 Io,Z I0/ 9 99 97 R1 /•/09 //0 //d, /1.Z 113 //f ,If //G 1/7 //8 /19 /20 lv k /,7,Z 131 170 /dV 1a8 27 /-26 /2.s'12f /23 12Z 12/ 133 177 /38 /79 /-izo Ifl /f t /03 /tf 10 .• •, ., •• 2f- z .• 6.03 —33O.09 - 0) S77 -` - N R`1 f This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. Jr TITLE INSURANCE . AND TRUST ATICOR COMPANY Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Company by - � 2_" , President Copy of Policy No additional liability assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct surveywould disclose,and which are not shown bythe public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, cnvenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations �I 1. Definition of Terms ignated in paragraph 2(a) of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) ''insured claimant":an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) ''insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage'':a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors, personal repre- (e.) "knowledge":actual knowledge, not constructive knowledge sentatives, next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term "insured" also includes(i)the owner of the indebtedness public records. secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving, however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property;provided,however,the term"land''does not law as described in the first sentence-of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) "mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) ''public records":those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) (CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, q. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure, or other legal man ner which discharges the lien of the insured mortgage,and if such In addition to the notices required under Paragraph damage, signed these insured is a corporation,its transferee of the estate or interest so Conditions and Stipulations,a proof of loss ni damage,signed and acquired,provided the transferee is the parent or wholly owned sworn to by the insured claimant shall be furnished rt the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter mine the facts giving rise to such loss or damage.Such proof of loss or instrumentality which acquires all or any part of the estate or or lien or encumbrance on interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in, guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, bass es the basis of loss or damage, and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (III) hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land;or No right of action shall accrue to insured claimant until is days (III)the amount aid b an governmental agency or instrumentality, after such proof of loss or damage shall have been furnished. (��) P Y Y 9 9 Y if such agency or instrumentality is the insured claimant, in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy, in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided,however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves an alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against by this policy. payment therefor as herein provided.Upon such offer being made by the Company,all liability and obligations of the Company here- (b.)The insured shall notify the Company promptly in writing(i) in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in(a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(III) if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or, if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a) hereof;or regard to the matter or matters for which such prompt notice is required; provided, however,that failure to notify shall in no case (III) if this policy insures the owner of the indebtedness secured prejudice the rights of any such insured under this policy unless the the insured mortgage,and provided said owner is the insured claim Company shall be prejudiced by such failure and then only to the ant,the amount of the unpaid principal of said indebtedness,plus extent of such prejudice. interest thereon, provided such amount shall not include any addi- tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby, do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured, and all costs, attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (c.)When the amount of loss or damage has been definitely fixed in (d.)Whenever the Company shall have brought any action or inter- accordance with the conditions of this policy,the loss or damage posed a defense as required or permitted by the provisions of this shall be payable within 30 days thereafter. policy,the Company may pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a) if the or order. Company,after having received notice of an alleged defect, lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect, lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding, and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid (1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) 8. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which%jch insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue, com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss, but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any,lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a) a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any, attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage, unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street,P.O.Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. m z D L C Z 0 D o Z n m �� a D z Z O C Ln Schedule A No. Date of Policy: 573308—U FEBRUARY 23 1977 AT 8 : 00 A.M. Amount of Insurance: Premium 5 1, 500 . 00 $ 100 . 00 1. Name of Insured THE CITY OF HUNTINGTON BEACH. 2. The estate or interest referred to herein is at Date of Policy vested in THE CITY OF HUNTINGTON BEACH . 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Sctwduie B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part 1. Part II 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976- 1977, AMOUNT $ 17. 82 . 2 . AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO . 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK RECORDED JANUARY 16, 1922 IN BOOK 1+10 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS : LOTS 1 TO 156 INCLUSIVE . Schedule C The land referred to in this policy is described as follows: LOT 144 OF TRACT NO. 185, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED It'd BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE .OF THE COUNTY RECORDER OF SAID COUNTY. --- 23 RJ• •RJ � •' •• 23' 24• .. 26• G.o3 �2, it /e •9 8 7 6 s f- 3 7- /A Q 113 /•f /x /(- /7 /8 /9 XO A/ 2Z 29 St.* Q q • �34 3.r9f 33 32 31 30 z9 ZB 27 R.6 2J 39 *0 / 4z 1'3 ff fs fG f7 /-9 •60 .S9 sd -47 56 91 -st -43 SR• 91 So 49� �61 62 G9 Gf 65- 4(. 47 6B &9 70 7/ 7Z '8•F 83 82 9/ 84 7) 79 77 76 rs 71L 73' Bs 84 9 88 89 90 .9 92. 93 9f 95- 96 i !og /07 /06 I o 5 104• 10.7 /O.Z Jo/ /sO 99 98 97 /,/09 //0 !!/ //,Z 11-7 //f /!y //G //7 1/9 119 /•Zo ry^ 1.7.Z 131 1019 12$ 1.27 /•Z f /23 /22 1-2/ ~ 133 !3f /-,to If., 2a` z .• 6•03 + 11� 2 t _330•D3 �1E'D A;7-0) ST. 1 I a v o N G•v�/e .. This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which it may be attached. CITY OF HUNTINGTON BEACH r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 23, 1988 Lee A. Branch, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find Certificate for Compliance for Consolidation of Lots T. P. M. No. 87-421 to be recorded and returned to the Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92646. Also enclosed is a copy of the document to be recorded and returned to this office. Thank you. Alicia M. Wentworth City Clerk AMW:bt Enc. (Telephone:714-536-5227) Recorded at the request of: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 After Recording, return to: City Clerk This document is solely for the CERTIFICATE OF COMPLIANCE official business of the City FOR of Runtington Beach, as conteo}- plated under Government Cods CONSOLIDATION OF LOTS 3eo. 6103 aad should be recorded free of charge. T.P.M. No. 87-421 Northeasterly 1/2 of Lot No. 12 and all of Lot No. 14 Block No. 611 Huntington Beach Tract, 17th Street Section OWNER(S) Bette K. Baber ASSESSOR'S PARCEL NUMBERS 24-014-4 I , Director of Community Development, authorized to act on behalf of the City of Huntington Beach, hereby certify that the proposed consolidation of Northeasterly 1/2 of Lot No. 12 and all of Lot No. 14, Huntington Beach Tract, 17th Street Section described as Assessor' s Parcel Number 24-014-4 as shown in Exhibit "A" attached hereto, is exempt from the Parcel Map Requirements of the State Subdivision Map Act and conforms to the requirements as provided by Ordinance 2622 of the Huntington Beach Ordinance Code. This certificate is invalid unless Exhibit "A" , attached hereto, is properly signed by the Director of Community Development or an authorized representative. irector of Communi Development City of Huntington Beach STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On May 20 1988 before me, the undersigned, a Notary Public in and for said County and State, personally appeared _Thomas Rogers known to me to be acting for the Director of Community Development of the corporation that executed the within named and acknowledged to me that such corporation executed the same. OFFICIAL SEAL Notary Public in and for said County BETiE BARILLA and State. • Notary Pubnc—catifornra ORANGE COUNTY My Comm. Exp. Jan 8. +990 (064ld-2) �.POPERTj� OWiVEQ." F�PE,oq�PED BY' BErrE K 6 49E,e EME,P-4L D EN GWEER,11V /929/ SUlPFD41E LAI /8G04 M.4/N ST, STE./lO PZ1N7-/NGToN 6E4011, 04 '?A;� yUNT7N6'lON RE401; C.4. 92646 (7/4) (7/4) 848-455/ o \. '- P ��•pG= G --� a NO.4683 �xo 9 3D-9i % of Cao(3, lops l2 T� ST,PEET � �►....�.�� 205 T ' � v fVIV G' &AKER', L.S'9l083 '�i4M' ' 575 ' Ex. L EGEND.' ® INDICATES 1Pe0)02SEID .QDD/TIDN. s 5' i-—I _ /iva�C>9TES EYISTING '^ SCXL.E: L--J STRUCTU2E. LEGAL DESCR/PT/oN: I THE ,,vORTNEASrERLY I/2 OFLOT /2 ,IA/D 4ZL OF L D T 14, &oek G//, I1UNr1A(6'7arV BEAC-I 7 e,40 T /7 7;y L4STREET SECTION, 3 _ OF OR 4NGE CDUA/TY,7 0 9LL EY No TE•- r7-IE EXiSr1AV.qND P-e0,0MED USE of SU.B,JECT F'.�c'OPE2TY I.SS F.g119/LY RES/DEN71,4L. EXHIBIT "A" PLAT MAP 649' d 7-- 421 W ADDRESS loll 12 7- X7R4EEr ASSESSOR PARCEL B S) Z¢ — off _04 PREPARED BYN'b"' ' APPROVED ooN-4L>7 G�gKE2,L.S'9d83 DATE: off'' CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 4, 1990 Lee A. Branch, Recorder County of Orange 1 . C. Box 230 Santa Ana, CA 92702 Enclosed please firxl Ebae f('Lee(is/')Ocxxx itxZK)t � to be recorded and returned to the Office of the City Clerk, CiCy of Huntington Beach., 2000 Main Street, lhirit:ington Beach, California 92CA8. Ccmnie Brockway City Clerk CB:me D-ye-losure Eich #5197 Mullins #5198 Bovie #5199 Atlantic Richfield Co. #5200 (Telephone: 714-536.5227) RECORDING REQUESTED BY AP# 024--025-20 CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P,0.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use EASEMENT DEED Tax-Exempt-Government Agency ntor(s) Documentary The undersigned tt tax i declare(a): CITY OF HUNTINGTON BEADocumentaryetary transfer tax = CH Connie Brockway, CMC ( ) computed on full value of property conveyed,or CI Clerk ( ) computed on full value less value of liens and encumbrances remaining at time of We. r ( ) Unincorporated area: ( ) City of ,and arty Clty Gerk FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, James P. Eich and Dora F. Eich, husband and wife, as joint tenants. do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement :arid right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: The Southeasterly 2.5 feet of Lots 6 and 8 of Block 31.3 of Huntington Beach Tract as shown on a Map recorded in Book 3, Page 36 of miscellaneous Maps, Records of said County. This document is solely for the official business of the City of HurItington Beech, as contem- plated under Goverment Code See. 6103 and should be recorded free of eharge. Dated Eelz 96 1990 V'(//I/✓t�� pp 1 James PEich STATE OF Cols ORIAngeles )�' COUNTY OF ) on Fahriar�z 9F 199n before me,the undersigned,a Nog Publ' in and f $s,'d per. te, sonally appeared James P Eici an Doraich Dora Eich provW to Free on tM bash of satiafaetoryE OFFICIAL SEA! evidence) to be the person(s) whose names) ' n subscribed to theDOMINICA HO within instrument and acknowledged to me the they executed NOTARY PUBLIC CAUFORNIAPRINCIPAL OFFICE IN the tams. LOS ANGELES COUN7v y Cun�missio:I fxp.pee:.5, i59?WITNESS my hand and off' ielseal. Signature -�f�tt,'��t-tom - i• (This area for official notarial me]) 0 � —o RECORDING REQUESTED BY AP# 024-242-23 CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.0,Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use EASEMENT DEED - 3 The undersigned grantor(a)declare(a): Tax-Exempt-Government Agen fbclrmentary transfer tax is f CITY OF HUNTINGTON 5FAC ( ) computed on full value of property conveyed,or Connie Brockway, CMC ( ) computed on full value leas value of liens and encumbrances remaining at time of sale. Elerk ( ) Unincorporated area: ( ) City of and D pUty City Clerk FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Johnny B. Mullins and Elisabeth E Mullins , husband and wife do hereby GRANT to the CITY OF HUNTINGTON BEACHt a municipal corporation,a perpetual easement wid right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: The East 2.50 feet of Lot 18 and the East 2.50 feet of the North 18 feet of Lot 17 of Block 605 of the Vista Del Mar Tract as shown on a map recorded in Book 4, Page 5 of Miscellaneous Maps, Records of said County. ?h1t3 dppt>®Put is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sea. am and should be recorded free of charge. A--7- 1-7- qo Dated STATE OF CALIFQ�R{�I� COUNTY OF— On- }sue ^' before me,the undersigned,a Notary Public in and for said State,per- sonally appeared LI S k 6t^rN- t t u.t-c,( IJ •pananally_.k * Via-proved to me on the basis of satisfactory evidence) to be the Person(s) whose name(s) is/are subscribed to the OFFICIAL SEAL within instrument and acknowledged to me that he/she/they executed MARYBETH F. WKINNEY the same. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN { � ORANGE COUNTY WITNE qd and offiry I seal. /V ` o ley Commission EC Oct.11,1992 (This area for ofRclal notarial seal) 9C - t33 RECORDING REQUESTED BY AP## 024-215-04 CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.O.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use - � F EASEMENT DEED _ The undersigned grantor(a)declare(a): Tax-Exempt-Government AgenC CITY OF HUNTINGTON BEACH Documentary transfer tax is= Connie Brockway, CMC ( ) computed on full value of property conveyed,or ( ) computed on full value leas value of limo and encumbrances remaining at time of sale. �^ tYClerk ( ) Unincorporated area: ( ) City of and ' uty C�8erk� FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, HARRY G. BOVIE, a single man do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement mid right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: The West 2.50 feet of Lot 6 and the West 2.50 of the North 14 feet of Lot 5 of Block 603 of the Vista Del Mar Tract as shown on a map recorded in Book 4, Page 5 of Miscellaneous Maps; Records of said County. This document is solely for tht official business of the City of Huntington Bench, as conte.-- plated tinder Government Code Sep. 6103 and should be record.. free of •barge. ''5 TO FORM: Dy: DOrL'+y C i Atto—r " DatedDecember 30, 1989 STATE OF CALIFQQRNIq COUNTY OF ORAME ) On December 30, 1989 before me,the undanigMd,_aY OC-PSsltlj4_iyipd tpr VId�tatf,pjr- sonally appeared HA�ZEZ t1�OVV ll��::'"` * * * * * * * * * * * * * * * * * * * yaX�GsYiiS'�fcSaXvYiXi?`(l&r Proved to me on the book of satisfactory evidence) to be the person( who" name(H is/aYeYeubscribed to the within instrument and acknowledged to me that he/tWIbW0xecuted the sae.. OFFICIAL SEAL ELEANOR J SMITH WITNESS tryand and off icial s"I. �_- NOTARY PUBLIC-CALIFORNIA Signature OIi1MGE COIMfiY /'Eleanor J. Smith my—M.exDine Iwkr 11, 1991 My Commission expires: 5/11/91 (This area for official notarial sea]) s 89-137 RECORDING REQUESTED BY AP# 149-262-06 CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.O.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use G , CORPORATION EASEMENT DEED Tax-Exempt-Government Ag -)Cy FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,CITY OF HUNTINGTON BEA H ATLANTIC RICHFIELD COMPANY, a Delaware corporation Connie Brockway, cMC 6 b Clerk z. o s 0PutY City Clerk Phereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of Califronia, described as follows: Those portions of Lots 11 through 17 of Tract 193, as shown on a Map recorded in Book 12, Page 49, Miscellaneous Maps, Records of Orange County, being described as follows: Parcel 1: The West 30.00 feet of said Lots 11 through 17 Parcel 2: That portion lying Southwesterly of a curve concave Northeasterly and having a radius of 32.00 feet, said curve being tangent on the West to the East line of said parcel 1 and non-tangent to the South line of said Lot 17. Excepting therefrom those portions previously dedicated for highway purposes. This document is solely !t,J . official business oi' t',e Cit. of Huntin€5ton Bea-;,Plated under ro t e Sec. 6103 and should be recorded free of ehar ge. lit Witness Whereof, said corporation his caused its corporate name and seal to be affixed hereto and this instrument to be executed by its vice President and Assistant Secretary lhereunto duly authorized. ATLANTIC RICHFIELD COMPANY, a Delaware corporation Dated: ,L SPATE OF CALIFORNIA By Ss. Sn.McDona�p vice ent ** COUNTY OF T,ns AnPal es On before me,the under- �.nne C. 7te ng � Ash sta 3etrelary signed, a Notary Public in and for said State, personally appeared S. L. McDonald we to me(or proved to to!on the basis of satisfactory evidence)to be the **ARCO Products Company, a Division of v President,and nne tenge known to me to be Atlantic Richfield Company cr Seeta�ysof'the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named,and acknowledged to sae that 0«!CiAL SEAL such Corporation executed the within Instrument ;por pursuant to its by-laws �t�.� _\ )gNf.T A. DESTAZIO or a resolutioo- f its board of directors. ') Nornev i-i;;ri.;C ;'Ai_1.rORNIA NITNES my and'offki seal. l zo� t'RiNC;vA:.OFi i^t IN " LOSANGELES CO'JNTy SKnature _ � "J,Cc:nmi,;:un Exp Feo 8. 1991 anet A. Destazio Name(Typed or Printed) (This arm for official notarial seal) __j 6060 L-1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 4, 1990 Lee A. Branch, Recorder County of Orange P. 0. Box 238 Santa Ana, CA 92702 Enclosed please find to De recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, 1A n ington .&-ach. Cati_for_nia 92648. Connie Brockway City Clerk CB:me Enclosure DeBoe #5201 Allstar Dev. #5202 Pantoja #5203 Doyle #5204 (Telephone: 714-536-5227) RECORDING REQUESTED BY AP,'r 023-1.35-08 CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.O.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use -t— EASEMENT DEED The undersigned grantor(s)declare(s) Tax-Exempt-Goverm-n:,-, -,\—Rqv Documentary transfer tax is S 'CY OF HUNTING T OI'� 'L''; H ( ) computed on full value of propaM conveyed,or Connie Brockway, CMC ( ) computed on full value leas value of liens and encumbrances remaining at rune of sale. C Clerk ( ) Unincorporated area: ( ) City of and pUty City Clerk FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Bart DeBoe, a Single Man Thomas Madigan and Annielie Madigan, Husband and Wife as Community Property All Tenants in Common do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement :utd right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: The Northwesterly 2.5 feet of Lot 13 of Block 1.22 of Huntington Beach, Seventeenth Street Sec. Tract as shown on a map recorded in Book 4 Page 10 of Miscellaneous Maps, Records of said County. This doatuoent is solely r or the official business of the City of Huntington Beach, as contem- plated tinder Government Cods Sec. 6103 and should be recorded free of shame. L Y�u ..i, y A y Dated STATE OF CALIFOftNIA ►sa. COUNTY OF 1 On- before rue,the undo Notry F)t Iic in and f"said State,per- sonally��appeared rn-J- �1)P/j/�//cJ e. 7'�i aid a f /411 personally known to me(or proved to me on the brio of satisfactory evidence) to be the person(s) whom name(s) k/are subscribed to the within instrument and acknowledged to me that he/she/they executed OFFICIAL SEAL the some. ROBERTA J LEE h\��o NOTARY PUBLIC-CALIFORNIA WITNESS my hand andofficialseal. �`rr �s'i'° ORANGE COUNTY My comm. expires MAY 2, 1988 Signature (Thu area for official notarial seal) 89-128 A.P. #165-282-03 RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.O.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use EASEMENT DEED -5?1" The undersigned grantor(s)declare(a): Tax-ExemptOCIerk Aaency Documentary transfer tax is S CITY OF H ',".:=.CF{computed on full value of property conveyed,or ConnieVICcomputed on full value lees value of liens and encumbrances remaining at time of axle.Unincorporated area: ( ) City of - and' FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, ALLSTAR DEVELOPMENT, LYNN H. and LESLIE SMITH do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way for public street and public utility purposes in, on, over, trader and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: The north 7.00 feet of the east 44.00 feet of the west 132.00 feet, of Lot 1, Block "E", of Tract 436, as shown on a map recorded in Book 16, Page 28, Miscellaneous Maps, Records of said County. This document is solely for r."e official business of the Cite Of Huntington Beach, as oonte.,,- plated under dovernment Code Sec. 61W and should be recordt,c free of eharge. ^tYJ^ti,or fey Dated September 21, 1989 oe ) tee STATE OF CALIFORNIA )a. COUNTY OF Orange ) max""""`-" 71� trustee On September 12, 1989 before me,the undersigned,a Notary Public in and for said State,per- sonally appeared T.;nn H_ and Leal l P Smith personally known to me(or proved to me an the basis of satisfactory evidence) to be the person(*) whose name(s) is/are subscribed to the SEAL within instrument and acknowledged to me that he/she/they executed ffm ROWN ALIFORNIA the same. UNTY , 1990 WITNESS m hand d f'eial seal. Signal e r L.U 1`I'f �. I•i•r (This area for official notarial seal), A.P. #165-282-06 RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.O.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use EASEMENT DEED -% The undersigned grantor(s)declare(a): Tax-Exempt-Government Agency Documentary transfer tax is$ CITY OF HUNTINGTON BEACH (-''_computed on full value of property conveyed,or Connie Brockway, CMC ( ) computed on full value lees value of liejf[ln'tl,,eneumbrancea re at time of sale. gyp., C tY Clerk ( ) Unincorporated area: ( ) City of �,,,,�f , f^i'-c' and ''''J: putt' City Clerk FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, r "u f� a� G`, , a widow 111 do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: The north 7.00 feet of the west 44.00 feet of the east 176.00 feet, of Lot 1, of Block "E", of Tract 436, as shown on a map recorder: in Book 16, Page 28, Miscellaneous Maps, Records of said County. This dotnanent is solely for the official business of the City of Huntington Breach, as contem- plfsted under Government Code Seel. 6103 and should be recorded free of ehar¢e. APPROVED AS TO POHL : GAIL HUTTON, City Attorney By: Deputy City Attorney DatedC) . STATE OF CALIFOF.NIA Lupe M. Pantoja COUNTY OF Uurange ) p" 9/25/80 before me,the undersitrvd,s Noury Public in and for said State,per- sonallyappeared U M. Yantoia /,try OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory �i CAR] MONROE/SMITH. evidence) to be the person(s) whose names) is re subscribed to the NOTARY PUBLIC-CALIFORNIA within instrument and acknowledged to me that he/6i they executed ORANGE COUNTY the same. MY COMM. EXP. APR. 20 i993 WITNE my d and ji *a . Signatur Cari Mon mith (This area for official notarial sea]) i ocak A.P. #165-283-04 RECORDING REQUESTED BY e CITY OF HUNTINGTON BEACH And when recorded mail to City Clerk City of Huntington Beach P.0.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use EASEMENT DEED - 1 Tax-Exempt-Governfnent Agency The undersigned merry transfer nsfer tograntor i declare(a): CITY OF HUNTINGTON BEACH Uocitmentary transfer tax is S Connie Brockway, GMC ( ) computed on full value of property conveyed,or Clerk ( ) computed on[WI value leas value of liens and encumbrances remaining at time of ode. Cf ( ) Unincorporated area: ( ) City of and uty City Clerk FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, JAMES C. DOYLE, a married man as to a undivided one-half interest, and DONALD P. JONES and ANDREA JONES, trustees of the DONALD P. JONES AND ANDREA JONES 1974 REVOCABLE TRUST DATED 7-26-74, as to an undivided one-half interest. do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way for public street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California,described as follows: those portions of Lot 1, of Block 'T", of Tract 436, as shown on a map recorded in Book 16, Page 28, Miscellaneous Maps, Records of said County, being described as follows: Parcel 1: The north 7.00 feet of the east 153.42 feet of said Lot 1. Parcel 2: That portion lying northeasterly of a curve concave southwesterly and having a radius of 28.00 feet, said curve being tangent on the north to the south line of said Parcel 1, and tangent on the east to the east line of said Lot 1. This document is solely for the official business of the City Of Huntington Beach, as contem- plated under Government Code Sao. 6103 and should be recordet free of ehnrnF_ APPROt.'ED AS TO PORi1 GAIL H TTON, City Attorney BY: Daputy City Attorney ,I'I j I Dated )) D JONES, T S EE STATE OF CALIFORNIA _[ V ss. COU_ryTV OF�ft�/�/�� /��I , STEE On 1111yn��ri�C1 N nCi/ 1 DREA ONES, before ,the undersigned,a Notary Public in and for said State,par- - so ally appearad personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/nrrtwbseribed to the within instrument and acknowledged to no that he/ahe/they exe-utedam OFF the same.WITN my he d and o iciol seal.Sig"at coUNTy M (Thu area for official notarial seal)