HomeMy WebLinkAboutC-2013 - Agreement (for 32nd Street Property Exchange)RECORDING REQUESTED BY AND
WHEN RECORDED MAIL&: 30734
+ � City Clerk
3300 Newport Boulevard
City of Newport Beach rC EMPT
California 92663 3
AGREEMENT
. . • B6I3376PS 685
RECORDED AT REQUEST OF
FIRST AMER. TITLE INS. CO.
IN OFFICIAL RECORDS OF
ORANGE . -ORNIA
8:01 AA1 MAR 21 1979
LEE A. BRANCH, County Recorder
a9d�
THIS.AGREEMENT is made and entered into this day of
1978, by and between SOUTHERN PACIFIC LAND COMPANY, a
California corporation, hereinafter referred to as "Southern Pacific ", and the
CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as
°City";
WITNESSETH:
WHEREAS, City has widened that portion of 32nd Street between
Newport Boulevard and Balboa Boulevard, as delineated on a parcel map recorded
in Book 32, Page 41 of Parcel Maps, in the Office of the County Recorder of
the County of Orange, State of California, marked Exhibit "A ", attached hereto
and made a part herein by this reference; and
WHEREAS, Parcels 1, 2 and 3 as described in Exhibit "B ", attached
hereto and made a part herein by this reference are owned by Southern Pacific;
and
WHEREAS, Parcels F and H of the aforementioned parcel map are owned
by City and are approximately equal in area to the sum of the areas of Par-
cels 1, 2, and 3 as described in Exhibit "B "; and
WHEREAS, it is mutually desirable to the parties hereto to exchange
their respective property;
NOW, THEREFORE, IT IS AGREED as follows:
I. For and in consideration of the covenants and conditions to be
kept and performed by City as set forth herein, Southern Pacific agrees:
A. To convey by Grant Deed to City Parcels, 1, 2 and 3 as
shown on the aforementioned Exhibit "B ", excepting therefrom that portion lying
below a depth of 500 feet; however, surface access rights are not retained;
B. To develop, or cause to be developed, Parcels F and H in
accordance with the deed restrictions shown on the Grant Deed for Parcels F
and H and those restrictions hereinafter listed:
1 . No structures or uses appurtenant to saidLlc;tGr.,e 111
be constructed within six (6) feet of the northwesterly prop \ lin�'.3t`Fj rr�
c1t. � fl
cels F and H.
£ N city OF19 a,
2':
411 011 C�
1
r'1'
130 -"6r'� 6 56
2. The aforementioned six (6) foot setback area shall
be landscaped and maintained in accordance with a landscape and irrigation
plan approved by the Director of Park, Beaches and Recreation of the
City of Newport Beach.
3. There shall be no entrance to the commercial structures
constructed on Parcels F and H from 32nd Street, Newport Beach, except as
may be required by the Uniform Building Code, unless a specific waiver of
this restriction is granted, in writing, by the City Council of the City
of Newport Beach.
4. No internally illuminated signs facing 32nd Street,
Newport Beach, should be constructed on Parcels F and H. All signs shall
be subject to review and approval by the Director of Community Development
of the City of Newport Beach.
5. The light source for on -site exterior illumination for
Parcels F and H shall be shielded and screened in such a manner that the
light source is not visible from the residences on the northwesterly side
of 32nd Street, Newport Beach.
6. Trash and storage areas constructed on Parcels F and H
shall be located within a building or within a masonry enclosure six (6)
feet in height.
7. Any structure to be constructed on Parcels F and H shall
be subject to site plan review by the Community Development Director of the
City of Newport Beach. The intent of review is to minimize the adverse
affect of any commercial development on the residential development on
the northwesterly side of 32nd Street, Newport Beach. The site plan review
shall include, but not be limited to, the following:
(a) A review of the buildings, structures and signs
to assure that they are properly related to their sites and are in keeping
with the character of the neighborhood and surrounding sites, and are not
detrimental to the orderly and harmonious development of their surroundings
and of the City.
-2-
a 13076es 687
1
(b) A review of the open spaces, parking areas,
pedestrian walks, illumination and landscaping, including sufficent
irrigation facilities, to insure they are adequately related to the site
and are arranged to achieve a safe, efficient and harmonious development
to accomplish the objectives set forth in Title 20 of the Newport Beach
Municipal Code, the Zoning Regulations of the City of Newport Beach.
(c) A review to insure the sites are developed to
achieve a harmonious relationship with existing and proposed adjoining
developments.
(d) A review to insure, when feasible, electrical and
similar mechanical equipment and trash and storage areas have been effec-
tively concealed.
(e) The site plan review process shall endeavor to
insure that the proposed improvements will not impair the desirability of
investment or occupancy nearby. Originality and site planning and
landscaping will not be suppressed.
(f) The site plan review will insure that the site
plan and layout of the building, parking areas, pedestrian and vehicular
access ways, and other site features give proper consideration to the
functional aspect of the site development.
8. Covenants, conditions, restrictions, rights, rights-
of -way and easements of record, if any.
9. All deed restrictions shall be deemed covenants,
conditions and restrictions and shall be binding on Southern Pacific Land
Company, its successors, heirs and assigns.
C. That this agreement shall run with the real property herein
described as Parcels F and H in favor of and enforceable by the City of
Newport Beach, and shall be recorded in the Office of the County Recorder
of Orange County.
II. For and in consideration of the covenants and conditions to
be kept and performed by Southern Pacific as set forth herein, City agrees:
A. To convey by Grant Deed to Southern Pacific Parcels F
and H as shown on the aforementioned parcel map marked Exhibit "A"
- 3 -
N4%
aK 13.3 76ee 688
B. That the improvements constructed in conjunction with the
widening of 32nd Street across and adjacent to the aforementioned parcels
were constructed at no cost to Southern Pacific,and no obligation exists for
Southern Pacific to repay City for said improvements.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date first above written.
APPROVED AS TO FORM:
General Attorney
Cnuthprn Pacific
ATTEST:
By: 4� L-4,
City Clerk
SOUTHERN PACIFIC LAND COMPANY
By :' j
Title Senior Vice President
ivgBT �� 04mi
Title Assistant Secretary
STATE OF Cq ' F )
City and County of San Francisco 1} ss.
On this 14th day of February in the year One Thnomnd Nine Hundred and Seventy Eight
before me, GINNEIL R. KENNEDY, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared
(One Market PWa n Robert E. Brewer and T. F. O'Donnell
R. {;E ^;P;ECY 'j W!N&
S.1C�Gnu FURNIA "E Or BUSINESS IN ,� COUNTY OF RANCISCO Ezplrn 11Ine 2, 1981
Corporation
My Commission Expires June 2, 1981
known to me to be the Senior Vice President and
Assistant Secretary
of the corporation described in and Mot exendrd the within inslnmrcnt, and also known
to me to be the person R_who executed it on behalf Of the corperalion_ therein named
and the_y—acknowledged to me that such corporation eeeculed the same.
IN WITNESS WHEREOF, I have J
at my Office i a City and Cb�utt�t�/ San
abov ri _ /^/ V / `
- 4 -
set my hand and alfixed my official seat
r, the day and year in this certificate first
1
STATE OF CALIFORNIA
SS
County of Orange
0 ax ! 3376n 689
On MP,RCN 29 , 197$ before me, the undersigned,
a Notary Public in and for said State, personally appeared Milan M. Dostai,
known to me to be the Mayor, and Doris George, known to me to be the City
Clerk of the municipal 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 me that such corpora-
tion executed the within Instrument pursuant to a resolution of its City
Council.
WITNESS my hand and official seal.
OFFICIAL SEAL
DONALD L. WEBB JR.
• rfr
NO PUBLIC - CALIFORNIA o
♦ PRINCIPAL OFFICE IN
ORANGE COUNTY i
i My Commission Expires Oct 26, 1979
STATE OF CALIFORNIA
SS
County of
C :i11a/ z 4� 1�
Notary Public in and for said State
On , 197 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
known to me to be the ,
and , known to me to be
of 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 me that such corporation
executed the within Instrument pursuant to its by -laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Notary Public in and for said State
1 '.
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EXHIBIT "A"
EXHIBIT "B" • 3X 113076FG 691
PROPERTY DESCRIPTION OF PARCELS OWNED BY SOUTHERN PACIFIC
Real property situated in the City of Newport Beach, County of Orange,
State of California, being those portions of the lands described in that certain deed
dated July 11, 1974, from Southern Pacific Company to Southern Pacific Land Company
recorded September 6, 1974, in Book 17237, Page 1894 of Official Records in the of-
fice of the County Recorder of said County, described as follows:
PARCEL 1
A strip of land 28 feet in width lying northeasterly of and contiguous to
that portion of the southwesterly line of the land described in said deed lying
northwesterly of a line that is parallel with and distant 30.00 feet southeasterly,
measured at right angles from the original southeasterly line of 32nd Street, 30
feet wide.
uuarri 9
A strip of land 10 feet in width lying southeasterly of and contiguous to
the above - mentioned line that is parallel with and distant 30.00 feet southeasterly,
measured at right angles, from the original southeasterly line of 32nd Street, 30
feet wide and extending northeasterly from the above - mentioned southwesterly.1 ne of
the land described in said deed to the southwesterly line of "PARCEL C" as shown on
a parcel map recorded in Book 32, Page 41, of parcel maps in the office of the County
Recorder of said County.
oaorri n
That portion of the land described in said deed lying southeasterly of the
northwesterly line of 30th Street.
EXCEPTING from said parcels those portions thereof lying below a depth of
five hundred (500) feet measured vertically from the contour of the surfaces thereof;
provided, however, that Grantor, its successors and assigns, shall not have the right
for any purpose whatsoever to enter into, upon or through the surfaces of said parcels
or any part thereof lying between said surfaces and five hundred (500) feet below
said surfaces.
I
B( I13076Pu 692
a� 113076PG 693
RESOLUTION NO. 9297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF NEWPORT BEACH AND THE SOUTHERN
PACIFIC LAND COMPANY IN CONNECTION WITH THE
32ND STREET PROPERTY EXCHANGE
WHEREAS, there has been presented to the City Council'
of the City of Newport Beach a certain agreement between the
City of Newport Beach and the Southern Pacific Land Company
in connection with the 32nd Street Property Exchange; and
WHEREAS, the City Council has reviewed the terms aM
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to.execute the same on behalf of the City of
Newport Beach.
ADOPTED this 27th day of March 1978.
Naryor
ATTEST:
T
s
ity Clerk
CFRTIF D AS A TRUE ND CORRECT COPY DPO /bC
.........� [r� . ..............._......_. _.r 3/21/78
CITY WEE( OF THE CITY OF wwpoR EACH
MAR 2 9 1978
DATE:
RECORDING REQUF� ED BY AND
WHEN RECORDED MVURN TO: •
City Clerk
3300 W. Newport Boulevard
Newport Beach, California 92663
Mail Tax Statements to:
General Tax Commissioner
Southern Pacific Transportation Co.
1 Market Street
San Francisco, California 94105
Space Above tnis Line.TOr Recorder's Use
City Cfe� �k_�`
CORPORATION GRANT DEED Deed
No.
For a valuable consideration, receipt of which is
hereby acknowledged, the CITY OF NEWPORT BEACH, a municipal
corporation organized under the laws of the State of California,
hereby grants to SOUTHERN PACIFIC LAND COMPANY, a California
corporation, the following described real property:
Parcels F and H in the City of Newport Beach,
County of Orange, State of California, as
shown on a Parcel Map recorded in Book 32,
Page 41, of Parcel Maps in the office of the
County Recorder of said County
Subject to the following deed restrictions:
1. The northwesterly six (6) feet of Parcels F and
H shall be used for landscaping and other screening to provide
a barrier between residential and commercial zoning;
2. Covenants, conditions, restrictions, rights,
rights of way and easements of record, if any.
IN WITNESS WHEREOF, said municipal corporation has
caused its corporate name and seal to be affixed hereto and
this instrument to be executed by its Mayor and City Clerk
thereunto duly authorized.
DATED: AtL-'C'Z . � j , 1978.
CITz-jar .NE ORT BEACH
BY
Ma or
ATTEST:
City Clerk
REQUESTED By =LL - 2/2/77 - VI - 36000/31!-3
AND WHEN RECORDED MAILTO
Name F
Street
Address
City
State f
Zip L
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT
SOUTHERN PACIFIC LAND 8 MPANlijr a California corporation, Grantor,
hereb
y grants to CITY OF NEW RT BEACH, a municipal corporation of the
State of California, Grantee, that certain real property situated in 1.
the County of ange, State o California, and more particularly
described in xh it a,\a*tached and hereby made a part hereof.
This gra t is subject to easements, covenants, conditions,
reservations and tractions of record.
-IN WITNESS WHEREOF, Grantor has caused these presents to be
executed this 271L day of — � 1978.
LAIQD ,
(Titre) 0 etc �.
r
Attest_ ri,
Assistant Secretarv,
e
it
s
STATE OF CALIFORNIA 1
City and County of San Francisco
On this 14th day o / teary in the year One Thousand Nine Hundred and Seventy E? gut..
before me, GINNEIL R. KENNEDY, a Notary Public in and for the City and County of San Francisco, Slate of California, personally appeared
(One Market Playa) Robert E. Brewer and T. F. O'Donnell
. Xly Commission Expires June 2, 1981
known to me to be
of the corporation described in and that executed the within instrument, and also known
to me to be the person--$ —who executed it on behalf of the corporation therein named
and theY_ acknowledged to site that such corporation executed the same.
IN WITNESS WHEREOF, I Gave here mto set my hand and affixed my official seat
at myq#,i a inAhe City and CnuM of Sr Fouiisco, the spry and year in this certificate first
This is to certify that the interest in real property conveyed by the
deed or grant dated February 7, 1978 from
Southern Pacific Land Company, a California corporation
to the City of Newport Beach, a municipal corporation, is hereby accepted
by order of the City Council on the 27th day of March ,
19 78 and the grantee consents to recordation thereof by its.duly
authorized officer.
Dated: March 28, 1978 By :`
Resolution No. 9299 City Clerk of the .ity
of Newport Beach
{ Sale by exchange to City of Newport Beach
EXHIBIT A
Real property situate in the City of Newport Beach, County of
Orange, State of California, being those portions of the lands
described in that certain deed dated July 11, 1974 from Southern
Pacific Company to Southern Pacific Land Company recorded September 6,
1974 in Book 11237 page 1894 of Official Records in the office of the
County Recorder of said County, described as.follows:
PARCEL 1
A strip of land 28 feet in width lying northeasterly of and
contiguous to that portion of the southwesterly line of the land
described in said deed lying northwesterly of a line that is parallel.
with and distant 30.00 feet southeasterly, measured at right angles
from the original southeasterly line of 32nd Street, 30 feet wide.
PARCEL 2
A strip of land 10 feet in width lying southeasterly of and
contiguous to the above mentioned line that is parallel with and
distant 30.00 feet southeasterly, measured at right angles, from the
original southeasterly line of 32nd Street, 30 feet wide and extending
northeasterly from the above mentioned southwesterly line of the land
described in said deed to the southwesterly line of "PARCEL C" as shown
on a PARCEL 11AP recorded in.Book 32, Page 41, of Parcel Maps in the
office of the County Recorder of said County.
EXHIBIT A (cont.)
PARCEL 3
That portion of the land described in said deed lying south-
easterly of the northwesterly line of 30th Street.
EXCEPTING from said parcels those portions thereof lying below
a depth of five hundred (500) feet measured vertically from the contour
of the surfaces thereof; provided, however, that Grantor, its successors
and assigns, shall not have the right for any purpose whatsoever to
enter into, upon or through the surfaces of said parcels or any part
thereof lying between said surfaces and five hundred (500) feet below
said surfaces.
Form No. 1 1 84
S i A M E R Y
• C
0/73)
�
N. 9
California L O tie Awoclation
Stantlaro Co era Policy Form
4 "� t° 1- 2
Copyright 19 3
.: a�i' _ t w`;�,-
Y -
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POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE
INSURANCE 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.
IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
J,� uU yry
B1373238
First American Title Insurance Company
aY PRESIDENT
ATTEST 6� SECRETARY
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- palgapu, led!ouud leuol!ppe Aue apnloui iou pegs
lunowe flans papinojd 'uoalayl lsalalw snld 'ssau
- palgaput p!M to led!amid p!edun aqi to tunowe
ayi 'luew!elo palnsui ayl s1 jauMO p!es pap!Aoid
pue'a6e61jow pamsu! aqi Ag pawoas ssaupalgapu!
aql to jaumo aqi sainsw Aa!lod s!41 1! Ipi)
jo loaja4 (e) Z 4del6wed ui pou!tap se aouejns
-u! to tunowe a41 'algeopdde ti 'io 'V alnpayaS
ui panels aoueinsui to lunowe Bill (!!)
10
'Iuew!elo palnsu! Bill to ssol l enwe aqi (!)
:to iseal aql paaaxa area ou u! pegs A011od
sill japun Auedwoo all to Al!I!geil ayi (e)
SS0110 LN3WAVd(INV NOILVNIWH3130 '9
-poleu!wlal aie'4deifieied s!yi o1
wensind ssaupalgapu! p!M ne43jnd of uoue6pgo
a41 ueyl jagio 'a6e6ilow pamsu! pies Aq paman
ssoupalgapw a41 to jaumo aqi of japunajay Aued
-woo a41 ;o suole6pgo pue Al!I!ge!I lie 'Auedwoo
a41 Aq apew Wart lotto flans !.odll pap!noid
waja4 se jo;aia41 luawAed uodn Auedwoo 041
on awes a41 6uun3M lelalelloa Aue pue a6e61jow
ayi pue ssaupaigapui pigs u61sse pue jalsuen IIe4s
ssaupaigapu, gans to jaumo 941 'pap!Ao3d u!aiaq
se ssaupalgapui p!es asegomd of sia ; ;o Auedwoo
D41 11 'Aed o1 japunajay pale6pgo s! Auedwoo
aql 4314M sasuadxa pue seal sAawone 'slsoo Ile
4l!m layio6ol uoalayl 6u!mo lunowe Dill lot ssau
- palgapul yons asegomd w uondo iagljnt ayi aney
Heys Auedwoo agl'a6e6now palnsu! Bill Aq palnaas
ssaupaigapui aql to jaumo aql Aq A3tIOd s!41 japun
pow!ela si a6ewep 3o Mol area ul Auedwoo 041 Aq
paz!loyine pue nuew!ela pamsu! a41 Aq 1uawAed ;o
lapuai jo wawAed gans to awl aqi of on panne
-ui sasuadxa pue soot sAawolle 'sisoa Aue 4pm
laWafloi Ao!Iod s!yl japun 9auejnsui to lunowe
aqi to wawAed 6u!japuoi io 6u!Aed Aq japunajay
Auedwoo aqi to suo!Ie6pgo pue An!I!ge!I Ile Bleu
-!wean of jo 'lsu!e6e pamsu! w!elo Aug wow!elo
pamsui ue to aweu a41 u! jo 30; aplas asWA410
jo Aed on uondo a41 aney (legs Auedwoo aq1
SS3N031930
—NI 3SVHOund Ol SNOIldO ONV SWIV10
31113S 3SIMH31,410 HO AVd Ol SNOIldO '9
a6ewep jo Mol gans of se Aa!lod s!41
japun Auedwoo aqi to A3!I!ge!I Aue aleu!wial IIe4s
a6ewep jo not 10 looid yaps gs!wnt of am!!e1
-pagswin; uaaq aney (legs a6ewep
jo ssol to looid gans jal ;e steep O£ Ilun luew!elo
pamsut w annoe Ileys uogae 10 114611 ON
'uo!leu!wialop flans 94ew of Ajmsaaau
aq Algeuoseaj Aew se uo!lewjo ;ui leuoq!ppe gans
ys!wnt Heys 'Auedwoo to isanbai uail!jm aql lie
'luew!elD pwnsu! 'japunajay Al!I!gep sl! au!wjalap
Ol Auedwoo a141 atgeuo Ol lua!a!tlns sloel aiels
of I!el a6ewep jo ssol to looid gans pinOgS
'a6ewep jo ssol gans to lunowe ay1 6upelnolea
to s!seq a41 Diets 'aleudojdde uaym 'pue '96e
-wep jo Mol to s!seq 941 satnt!isuoe 14314m Aogod
s!yl Aq 1su!e6e pajnsui jallew ja4to jo 'apn aqi uo
aDueigwnoue jo uap jo 'u! loalap aqi aquosap !legs
a6ewep jo ssol to looid yons a6ewep jo ssol gans
01 nIJ 6u!A!6 sloe; aqi au!wjoiap jo u!eliaose Heys
luewielD pamsui aql jade sAep OO u!yllm Aued
-woo ayi 01 pays!wnl aq IIe4s wew!eto pamsu!
ayl Aq of looms pue pou6!s 'abewep jo ssol ;o;oojd
a'suo!lelnd!1S pue su0!t!puoO asagi 10 (q) E gdei6
ajed japun pannbai soolou ayi of uol!ppe u!
N0113V 10 NOI1V11WIl
30VWVO HO SSOI 10 10OHd 11
swawnoop 30410 jo angaaj
-ioa 6ulnoaxe o1 pal!wp iou 1nq 15mpnlou! 'pains
-u! se 'a6e6ljow pajnsu, a41 to ua!I aql 3o lsajalu!
Weise all of aln aql gspgelsa of atgensap
jo Ajesseoeu aq hew Auedwoo 9q1 to uo!u!do ayi
u. 434m im 3ayio Aug w (Z) pue '6u!paaaoid io
uollae Bans 6u!pualop jo 6ugnoasoid lo'sassaupm
6u!u!elgo 'aouap!Aa fiuunon 'wawapnas 6un3alla
u! 6u!paaaoid jo uoloe Bons Aug In (t) p!e alge
- uoseai Ile'nuadxa s Auedwoo aqi ne'Auedwoo aqi
am6 pegs pamsw gans 'Auedwoo ayi Aq poisanb
a ianauayM 'asodind yons jot pamsu! vans 10
aweu a43'uo!ido s1! le'asn o1 Auedwoo Bill i!wjad
pue 'u!wagn sleadde Ile pue '6u!paaaoid jo uo!lae
gans u! asuatap ap!nojd jo aimasoid os of ig6u
ayi Auedwoo ayi of amDas IIe4s japunajay pains
-u! aqi '6u!paaooid jo uonae Aug to asuatap aqi
jot ap!Aoid jo alnonold of Auedwoo aqi sannb
aj jo sl!wad Aogod s!qi ajagm saseo Ile ul (a)
vapio jo luaw6pnl avanpe Aug woil leadde ol'uo!1
-aias!p BIDS sl! w '14611 a41 sa"maj Alsswdxa pue
uogo!psunl lueladwoo to linoo a Aq uoneu!wjaiap
leu!l of uo!le6n!I gans Aug onsind Aew Au dwoo
ayi 'Ao!lod sill to SUO!s!noid all Aq paii!wad
jo paj!nbaj se asualap a pasodiwu! jo Do!noe Aue
IgBnojq aney pegs Auedwoo Bill ianauayM (p)
-AD!lod s!yl to uo!S!Awd Aue aA!eM 30
Al!I!ge!l apaauOD Agajagi IOU IIe4s pue 'Aogod s!q1
10 swial ayi japun algep aq Ilegs 1! iou jo jaglagm
'uo!loe aleudojdde Aue aNel Aew Auedwoo 041 pue
'pamsw so'a Wijow pamsu! 941 to u0p 041 io ISO
-ialu! jo allow 841 01 91111 041 gsggelsa of algensap
jo Ajessaoau aq Aew uo!u!do sl! u! 4o!gm lae jagt0
Aue op of jo 6wpaaoaid jo uo!iDe Aug ainaasoid
Aelap anpun lno4i!M pue alnipsul of isoo umo
Sl! ie w61j 047 aney lleys Auedwoo aq1 lo)
'ao!pnlaid gans to waixa ayi of Aluo uagl pue
ajnl!e; yens Aq PeD!pnfajd aq Heys Auedwoo aqi
ssalun Amlod s!ql japun pamsu! gans Aug to sig6u
aql aa!pnfaid area ou u! Heys At!lou of ainHe; le4l
'i9AOMOy'pap!nojd'pannbaj si ao!iou ldwojd gans
ga!gm jot S3a44ew j0 Jallow aql of piefiw u! aleu
-!wjai pue aseeo lleys Auedwoo aqi to Ai!I!9e!I Ile
pamsui gans of se ua41 'Auedwoo ayi of uan16 aq
iou Heys 8D!wu ldwojd gans tl -algelo1jewun se
poloafai s!'painsu! se'a6e6i3ow pamsut aqi to uap
94110 Isajolul j0 alelsa aql of all!l ;! (m) jo'Ao!lod
s!41 to anij!n Aq al9e!I aq Aew Auedwoo aql g3!4M
jot abewep jo ssol asneo 146!w gD!4m pue 'pajnsu!
se 'a6e61jow pajnsuo aqi to u911 ayi jo lsajalu! to
alelsa 343 of app aql w av9Ape s! 401gM lsajalu! 10
all!110 w!elD Aue to japunajay pamsu! On o1 awoo
IIe4s a6paIMOUtt MUD u! (9) 'anoge (e) u! gijol In
se uo!1e61!I Aue 10 aseo u! (q 6ulpm u! Apdwoid
Auedwoo ayi Atlou Heys pajnsu! ay1 (q)
AD!tod
sigl Aq isu!e6e pajnsui jallew jayjo jo aoueiq
-wnoua 'ua!I 1oatap pa6ape ue Sanlonu! uo!1e6
Alit gans tell lualxa 841 01 U011e6!111 u! pajnsu1
ue to wualap all jot ap!Aoid Heys ' Aelap anpun
lnogl!m pue isoo umo sl! to 'Auedwoo a41 (e)
1NVWIVIO 03HOSNI NV AS N3A10
39 Ol WIV10 10 331ION — SN0113V
10 N011033SOHd ONV 3SN3d30 '£
'pamsui yons of uaA16 a6e61jow Aauow
asegaind a Aq pamDn ssaupalgapul a41 io ]sajawl
jo alelsa pies jagl!a to pamsu! 4ans wojt jase4wnd
Aue 10 jone; u! ODJO; u! anu!luoo IOU pegs Aagotl
s!41 vanamoq 'pap!noid tnsajaw, jo aleisa yens
to aoueAanuoa jo jolsuejl Aue in pamsu! gans Aq
apew Aluejjem to slueuaADD to uoseai Aq AiH!gey
aney pegs pamsw gans se 6uol os jo 'pamsus gans
woj; iasegojnd a Aq UOA16 BBe61jow Aauow Mego
dnd a Aq painDas naupolgapu. ue sumo jo'puel ayi
u, lsajalui jo alelsa ue swelaj pamsul dons se 6uol
os pamsul ue ;0 jonel u! 'AD110d to aled to se awot
w anu!1uoo Heys Aagod 5141 to a6ejaAOD ayi
31111 i0 33NVA3AN03 H313V
3ONVHf1SN1 10 N0uvn NI1NOO (9)
'Aluejen6 jo wejwoa aaue
-insu! sl! to uoloelsles ui isajawi jo aleisa dons
to uol!s!nboe u! 'luew!ela pajnsui aqi s! Avleivaw
- nilsu! jo Aoua6e 4ans )!'Al!leivawnjtsu! jo A3ua6e
lewawujaA06 Aue Aq pied lunowe aqi (!!!I
SNOT vindllS 0NV SN01110NOO
• 3o !puel a4l u! lsajww jo alelsa yaps
to uo!1!s!nbDe to awn 041 le a6e6ljow pwnsu! pies
Aq painon pue a6e6liow palnsm aqi to ua)l 341
laalold Ol paDUeApe slunowe pue wnsol3ai0l to
sasuadxa 'toaja4 (!q) (e) 9 gdei6eied japun pau!w
-lalap se'uoaiayt lsaiawn snld ssaupoigapw a4t to
led!Du!id piodun ayl to lunowe a41 (g)
'V alnpayaS
u! polels aa0einsw to tunowe aq) (!)
: ;o iseal a41 paaaxa iou Heys 'Aed
of pole6pgo aq Aew Auedwoo 04) 4D!4m snuad
-xa pue seal sAawone 'SIS03 10 an!snpxa 'japun
-oja4 aDu insw to lunowe a4t uop!s!nbae gans Aug
jallV 'aWijom pajnsu! a41 Aq pwnaas ssaupalgap
-u! all 6u!aawejen6 jo 6u!jnsu! Aiucien6 jo aaue
-msw to loenuoD a of luensind ]sajawi jo alelsa
aqi to lied Aue jo lie sai!nbae g314m Al4eluawwlsw
jo Aoua6e )etuawwaAD6 Aue to jone] u! pue :pains
-u1 gans to Aimpfsgns paumo Apogm io wajed 041
S! aajatsuejl Bill papinoid 'paj!nboe os ]sajaw! jo
alelsa Bill ;o nuatsu it st!'uo!lejodjoa a s! pajnsu!
4ans t! pue 'a6e61jow pamw s 641 10 uap 041 sDBAe4a
-sip gD!4M jauuew le6al jaglo jo 'ajnsolaajol 10
nail u! aDueAgAUOD 'ales s,awsnil 'amsolDajot Aq o
alnpayaS w paq!j0sap puel aqi u! ]sajaw, jo alelsa
ayi to lied Aue jo Ile sannboe oym pajnsul gans to
jone; w Aa60d to 91e0 to se aojol u! anunuoo pegs
Aagotl s!gt'a6e6liow pamsu! ayi Aq pamaas ssaupa
- igepui ag1 to jaumo aql sainsu! Aagotl si41 tl
1:130N31 03unsm
AS 31111 10 N011lslfloOV H311V
30NVunSNl 10 NoiiVn NI1NOO let 'Z
'puel a41 w
6u!lelai siatlew, to aD!1DU aAll OnJISUD3 lledw! Mel
Aq 4o!4M SpjoDaj OS044 :, spjooai o!ignd„ 14)
luawnitsu! Anjnon layto jo 'poop tsnil
'lsnji to poop 'a6e64jow :, a6e6tjow„ (6)
-Aoilod s141 to 9 alnpayaS to I lied
)0 9 'opt 4del6wed Aq papntoxa ewe Aue apnla
-u! IOU soup ,puel„ w1Di aql 'janamoy 'pap!nDjd
:Aijadaid leaf alwlsuOD met Aq ga!gm olwagl pax4
-)e sluawanoidw! pue 'o alnpayaS u! aDuajalaj Aq
jo Apemt!oads'pa9uosap puel all :,,puel,, bt
spjoaaj o!)gnd Aug to uoseai Aq pajnsui ue o1 pwnd
-w! aq Aew 4D!gM aa!lou JO a6palMOUJ 3AII30JIS
-uoa iou 'a6palmoul lenlae :, a6palMou>I„ (a)
-V awpaguS u! pains
-ui ue se paweu s! 4o!gm to jaumo a41 '9 alnpag3S
w umogs a6e6tjow a :, a6e6tjow pajnsu!„ W)
a6e6tjow,
pwnsup ue to jaumo Bill :,,japual pajnsu!„ (0)
japunajay a6ewep jo ssol
6Ulwlela pajnsu! ue :,,IUew!eta pajnsu!„ (q)
'suolelndUS pue suOWPuOo Ma41
to Jul Z 4dw6eied m poleu6!sap saljed ayi (n!)
pue 'IOU jo u!ajaq pamsu! ue se paweu jagtagm
'toajagt lied Aug jo'naupalgapu! pies 6u!aaluejen6
jo 6uimsw /auejen6 jo loenuoa aauejnsui ue japun
jolueien6 jo jainsw ue s! 43!4m Al!lewawnitsw
io Aauafie lewawwano6 Aue I!!) sapn)au! jegljnt
pue 'polopuejI s jossMDns a4t isu!e6e pey aney
ptnom Auedwoo ayi tell (et ydw6ejedgns s!gl to
aaualuas lsi!; aql u! paq!jDsop se Mel to uonejado
Aq ssaupalgapw aqI saj!nbie 04M joss90011s 4ans
Aug of se sasualop pue s1y6!j lie 9anaMO4 '6u!nj85
a) ssaupaigapu! 43ns 10 d!gsjauMo U. jossaaans
gDea pue obel5vow pwnsu! aqt Aq pwnaas ssaupa
.Igapu! By to jaumo aqi pi sapnlau! osle „pajnsu!
wjat 941 'sjossaaans Aje!anp!) jo alejodJOD jo 'U11
10 lxau 'sanllewasaidai leuosjad 'SJOAI"ns 'SOMIA
ap'saalnq!ns!p'sj!aq'ot pauwg IOU 1nq'6u1pnpu!
ase4njnd wait pa4s!n6u!]s!p se Mel to uopejado Aq
pajnsui yons to ]sajaw! a41 of paaaons oym asoyl
'pajnsu, paweu ayl lsu!e6e pey ane4 Aew Aued
-woo all sasua ;ap jo ng6u Aue of loalqns 'pue 'V
alnpayaS ul paweu pajnsw alt :,,pwnsu!„ (e)
ueaw
Aogod Sgt u! pasn uaym slow 6u1mollo) 041
SWH31 10 NOI11N1330 "l
iCONDITIONS AND STIPULATIOPS
(Continued from inside front cover)
the Company for such insured, and all costs,
attorneys' fees and expenses in litigation carried
on by such insured with the written authorization
of the Company.
(c) When the amount of loss or damage has
been definitely fixed in accordance with the con-
ditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under
this policy (a) if the Company, after having received
notice of an alleged defect, lien or encumbrance in-
sured against hereunder, by litigation or other-
wise, removes such defect, lien or encumbrance or
establishes the title, or the lien of the insured mort-
gage, as insured, within a reasonable time after
receipt of such notice; (b) in the event of litigation
until there has been a final determination by a
court of competent jurisdiction, and disposition of
all appeals therefrom, adverse to the title or to the
lien of the insured mortgage, as insured, as pro-
vided in paragraph 3 hereof; or (c) for liability
voluntarily admitted or assumed by an insured
without prior written consent of the Company.
8. REDUCTION OF INSURANCE; TERMINA-
TION OF LIABILITY
All payments under this policy, except pay-
ment made for costs, attorneys' fees and expenses,
shall reduce the amount of the insurance pro tanto;
provided, however, if the owner of the indebtedness
secured by the insured mortgage is an insured here-
under, then such payments, prior to the acquisition
of title to said estate or interest as provided in
paragraph 2 (a) of these Conditions and Stipula,
Lions, shall not reduce pro tanto the amount of the
insurance afforded hereunder as to any such in-
sured, except to the extent that such payments
reduce the amount of the indebtedness secured
by such mortgage.
Payment in full by any person or voluntary
satisfaction or release of the insured mortgage shall
terminate all liability of the Company to an insured
owner of the indebtedness secured by the insured
mortgage, except as provided in paragraph 2 (a)
hereof.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of
insurance under this 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
under any policy insuring (a) a mortgage shown or
referred to in Schedule B hereof which is a lien
on the estate or interest covered by this policy,
or (b) a mortgage hereafter executed by an insured
which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under
this policy. The Company shall have the option to
apply to the payment of any such mortgage any
amount that otherwise would be payable hereunder
to the insured owner of the estate or interest cov-
ered by this policy and the amount so paid shall be
deemed a payment under this policy to said insured
owner.
The provisions of this paragraph 9 shall not
apply to an owner of the indebtedness secured by
the insured mortgage, unless such insured acquires
title to said estate or interest in satisfaction of said
indebtedness or any part thereof.
10. SUBROGATION UPON PAYMENT OR
SETTLEMENT
.Whenever the Company shall have paid or
settled a claim under this policy, all right of sub-
rogation shall vest in the Company unaffected by
any act of the insured claimant, except that the
owner of the indebtedness secured by the insured
mortgage may release or substitute the personal
liability of any debtor or guarantor, or extend or
otherwise modify the terms of payment, or re-
lease a portion of the estate or interest from the
lien of the insured mortgage, or release any
collateral security for the indebtedness, provided
such act occurs prior to receipt by such insured
of notice of any claim of title or interest adverse
to the title to the estate or interest or the priority
of the lien of the insured mortgage and does not
result in any loss of priority of the lien of the in-
sured mortgage. The Company shall be subrogated
to and be entitled to all rights and remedies which
such insured claimant would have had against any
person or property in respect to such claim had this
policy not been issued, and the Company is here-
by authorized and empowered to sue, compromise
or settle in its name or in the name of the insured
to the full extent of the loss sustained by the Com-
pany. If requested by the Company, the insured
shall execute any and all documents to evidence
the within subrogation. If the payment does not
cover the loss of such insured claimant, the Com-
pany shall be subrogated to such rights and reme-
dies in the proportion which said payment bears to
the amount of said loss, but such subrogation shall
be in subordination to an insured mortgage. If loss
should resultfrom anyact of such insured claimant,
such act shall not void this policy, but the Com-
pany, in that event, shall as to such insured
claimant be required to pay only that part of any
losses insured against hereunder which shall exceed
the amount, if any, lost to the Company by reason
of the impairment of the right of subrogation.
A
11. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorse-
ments and other instruments, if any, attached here-
to by the Company is the entire policy and con-
tract between the insured and the Company.
Any claim of loss or damage, whether or not
based on negligence, and which arises out of the
status of the lien of the insured mortgage or of the
title to the estate or interest covered hereby, or
any action asserting such claim, shall be restricted
to the provisions and conditions and stipulations of
this policy.
No amendment of or endorsement to this
Policy can be made except by writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an
Assistant Secretary, or validating officer or author-
ized signatory of the Company.
No payment shall be made without producing
this policy for endorsement of such payment un-
less the policy be lost or destroyed, in which case
proof of such loss or destruction shall be furnished
to the satisfaction of the Company.
12. NOTICES, WHERE SENT
All notices required to be given the Company
and any statement in writing required to be fur-
nished the Company shall be addressed to it at its
home office at 421 North Main Street, Santa Ana,
California, 92701, or to the office which issued
this policy.
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TO TJ )4 -73)
NOTICE OF RETURNED DOCUMENTS
J
TITLE INSURANCE
AND TRUST
City of Newport Beach Our No. 595046 AT
Public Works Department
3300 Newport Blvd. Your No. So. Pacific Land
Newport Beach, CA 92663
Attn: City Clerk Date 4 -9 -79
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.
Abbie Taylor
Escrow or Title Officer
Orange
County
-:, - ATICOR COMPANY.,
CLTA Form N A
Standard tlartl C overage PoIICY •
Copyright — 1973
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $ 659.75
Amount ofInsurance: $200,500.00 cy No. OR- 1212570 -1
Date of Policy: February 28, 1979 at 8:00 At M.
1. Name of Insured:
CITY OF NEWPORT BEACH, a municipal corporation of the
State of California.
2. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF NEWPORT BEACH, a municipal corporation of the
State of California.
3. The estate or interest in the land described in Schedule C and which is covered by this policy is:
A Fee.
Page 2 - -a
Form No. 1084 — 6 .
CLTA Standard Coverage Policy
Copyright — 1974
SCHEDULE B OR- 1212570 -1
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 One:
t. 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 fads, 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) restrict-
ing 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 govern-
mental regulation.
S. 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 in-
sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the
insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this
policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not
have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge.
Part Two:
See following attached pages for part two..
Page 3
jR- lziz570 -1
1. second installment Generai ._,ld special Taxes coveriny the
herein ae5cribed and other lana for the fiscal year 1978 -i979,
Amount 2,03.4z, Code Area 07 -OU1, A. P. NO- 047- U8l -z4; 047-
060-09; 045- i74 -05.
Y'
Taxes shown above may be spb3ect to reassessment and increase.
Z.
"lie right reserved Dy w. S:.Coliihs and indorsed upon the
map of Newport Beach, recorded�iuue lU, 19UZ in book s, page
8 of Miscellaneous Maps, records of Orange County, Caiifornia,
and the right reserved by the Newport Beach Company and indorsed
upon the map of Newport beach, recorded Feoruary lb, 1904 in
book 3, page zh of Miscellaneous Maps, records of Orange
County, California, "to use dll streets ana alleys for railroads,
telephone, telegraph and elctric l,,pes, sewer and water pipes,
conduits and all other public util*iies." (Affects Parcel l.)
3. An Easement for street purposes over that portion or the
said Pracel 1 includea within Thirty - second Street as shown
on maps or Newport Beach, recordea in nook 3, pages 8 and zb
of Miscellaneous Maps, records. of Uranye County, California.
4. An Easement for alley purposes over those portions of said
land incluaed within the alley extending in a Northeasterly
and southwesterly direction through 'block 3z as shown on iiaps
of Newport, Beach recor'dea in nook 3, rages d and cb of
Miscellaneous maps, records or orange County, California.
(Artects Parcel 1).
5. The rights or the City of Newport beach in the Northeasterly
extension of Thirtieth Street as Sala Thirtieth street is
shown on the map of the Lake Tract recorded in book 4, page
13 of Miscellaneous Maps, records of Orange County, California.
(AifectS Parcel 2).
6. The Effect of the grants from Newport beach Company to w.
S. Collins, recorded September 26,'19U4 in boox 1U8, page t53
of Deeds and from W. S. Collins and others to Newport Lana
Company, recorded October 4, 1904 in book 1U8, page 313 of
Deeds, as follows:
said party of the first part grants to said party of the secona
part, his heirs and assigns, the right to lay and maintain
sucn pipe lines ror water, sewer and yas anu to erect and
maintain such electric light poles on a.Ly aiiey or public
street or highway, lain out on any property of said first
Page 4
y, +sue
. _
UH- 1t1L570 -1
party dtAtOwport beach, which may be necessary to reach any
propert*vwned by said second party, his heirs or assigns from
the source of supply but suce, pipe or electric liners shall
not be used by or shall not supply water, gas or electricity
to any occupant or occurants or grantee of sdia first party's
idrid without said first party's consist, and said first party
reserves the right to lay ana ;naintaia; pipe lines for water,
gas or sewer and erect and waintain pules for electric lines
along any alley or street or highway that is now laid out or
that may be hereafter laid out over ur upon the property herein
cuuveyed. ,(Aztects rarcel 1)
7. The Effect of the grant rrom the _Newport Land Company to
orange county Impruvement Association', recorded February 9,
1905 in nook 113, page 2z4 of Deeds of the right to construct
sewer system lying West of the railroaa right of way with the
sewer system lying Last of the railroad right of way. (Affects
Parcels 1 and t)
8. A License to construct, reconstruct, maintain and operate
pipe line or lines for conveying sewage and for incidental
purposes over a portion of said land lying within Thirty - Second
Street in the City of Newport beach, as provided in the
agreement between United States Railroad Administration, W.
F. McAdoo, Director General of Railroads, as first party, and
City of Newport Beach, as second party, recorded July 28, 1919
in book 341, page 155 or Deeds. (Affects Parcel 1)
9. The Ertect of a Map filed in Book 35, page 25 of Record
Of Surveys iru the office of the County Recorder of orange
County, Calirurnia, purporting to snow the herein oescrioed
and other land.
10. An Oil aria Gas Leases dated December 1, 1947, executed
by and between Pac111c electric Railway Company, as Lessor,
and Jergins 011 Company, as Lessee, recorded October b, 1955
in book 3.436, page 8S of Orticial Records, as dmendea by
instruments dated May 1, 1950, recorded October 6, 1955 in
book 3236, page 106 of Official Records, dated November 1,
1950, reccrdea October 6, 1955 in book 3136, page 32lb, page
113 of official Records, (said amendments adding other land
to said lease), further amended by an instrument dated October
1, 1953, recorded October 7, 1957 in book 4061, page 197 of
Official Records, and dated September 1, 1955 recorded October
7, 1957 in book 4061, page tai of Otticial Records, record
reference being made to said lease ana amendments thereto for
full particulars.
Page 5
9 0
^a
,.' OX- 111Z57U -1
Note: we find a Surrender (Pdrt al) and Quitclaim dated February
17, 1959, executed by Monterey oil Company, a Delaware
corporation, quitclaiming all rights under said leasehold
estate .insofar as it affects said land otner land, recorded
May c0, 1959 in book 4171, page 358 0X Orticial Records.
We find no a6s19111rients of record In the office of the County
Recorder et Oranye County, Ca'ornia executed by Jergins Oil
Company, d corporation, to sai- dKQuitclaimors, although various
instruments or record disclose said assignments.
"Said Lease proviaes among other things, as follows:
The possession by the Lessee of said land shall be sole and
exclusive, excepting only that the Lessor reserves all or the
surface rights of said land including the right to occupy said
land or to lease the same for other uses or railroad uses."
(AtreCts Parcel 1)
Page 6
0 0
UR- 1111570 -1
LJB:csg
SCHEDULE C
The land referrea to in this policy is situated in the State
of California, County of orange, City or Newport Beach, and
is aescribed as follows:
Those portions of the land described in that certain deed
dated July 11, 1914 from Southern Pacific Company to Southern
Pacific band Company recorded September 6, 1974 in Book 11137
page 1894 of Utficial Records in the office of the County
Recorder of said County, described as ruiiows:
PARCEL 1:
A strip of land l8 feet in width lying Northeasterly of and
contiguous to that portion of the Southwesterly line of the
lana described in saia deed lying Northwesterly of a line that
is yarallei with ana distant 3U.00 feet Southeasterly, measured
at right angles from the original Southeasterly line or 34nd
Street, 30 feet wide.
Excepting therefrom that portion thereof lying below a aepth
of five hunared (500) feet measured.verticaily from the contour
of the surface thereof, without the right for any purpose.
whatsoever to enter into, upon or through.the surface of saia
lana or any part thereof tying between said surface and rive
hubared (50U) feet below said surface.
PARCEL c:
A Strip of land lU feet in width lying Southeasterly or and
contiguous to the above mentioned line tnat is parallel with
and distant SU.UU feet Southeasterly, measured at right angles,
from the original Soutnesterly line of 31nd Street, 3U feet
wine and extending Northeasterly from the above mentioned
Southwesterly line of the land aescrinea in said deed to tae
Southwesterly line of "PARCEL C" as shown on a PARCEL MAP
recorded in book 3[, page 41, of Parcel Maps in the office of
the County Recorder of said County.
Excepting therefrom that portion thereof lying below a aepth
or five hundred (5UU) feet measurea verticaiiy from the contour
of the surface thereof, without the rignt for any purpose
I
Page 7
i
E
OR- 1212570 -1
LJH:csg
whatsoever to enter into, upon.or through t:ie surface of said
4and or any part thereof lying.between said surface and five
ht
dred (500) feet below said surface.
PARCEL J-
That portion of the land described in said ueea lying
Southeasterly of the northwesterly line of 30th street.
Excepting therefrom that portion thereof lying below a depth
04 five hundred (500) feet measured vertxcaily trom the contour
of the surface or said Tana or any purpose whatsoever to enter
into, upon or through the surface or saia land or any part
thereof.lying between said surface and rive hundred (SUO) reet
below said surface.
INDORSEMENT
Attached to Policy No.
Issued by
0
OR- 1212570 -1
First American Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said
Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to
the extent hereinafter specified.
2. "Adjustment Date " is defined, for the purpose of this Indorsement, to be 12:01 a. M. on the first January 1 which
occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse-
ment is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxi-
mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the
terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce
Composite Construction Cost Index (base period 1967) for the month of September immediately preceding ex-
ceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of
insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less
the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, re-
duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for
years in which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be
deemed to be the amount which is in force as of the date on which the insured claimant first learned of the
assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of
such claim, whichever shall first occur.
Nothing herein contained shall be construed as extending or changing the effective date of said Policy.
This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
First American Title Insurance Company
BY PRESIDENT
BY
C. L. Kirk ASSISTANT SECRETARY
NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges
(if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy.
FA-11 (9- 30 -74)
Owner Inflation
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