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HomeMy WebLinkAboutMarguerite Avenue, 801 (Grant Howald Park)See File for Grant Howald Park Plans CITY CF 11EWPG T BEA-'I CITY ATTOM-M DE AI THENT To: City Cler'; August 30, 1962 From: City Attorney Subject: Acquisinioin of real property ai Grant Uovald Par',,- Transmitted herewith is the original of the grant deed from The Irvine Company to the City conveying Grant Hovmld Par'_:. This is doc °anent No. 14303, recorded August 21, 1962, in 3oo.k 6219, page 537, of Official Records of orange County. Also transmitted are the original and one copy of the policy of title- insurance issued by First American Title Insurance Trust Company through orange County Title Company under 17 "61; ; 54 . This completes the ac lUisi -ion of t'ie property. r U� halter "'. Cizaranza i- +'•,:'C :mec City Attorney 6nC_ . i ct - City Manager 2 Director of Finance ` REEEIVE3 N AUG ao ly62 CITY cLFlg( CITY OF NEWP ORT �CN� August 30, 1962 The Honorable Dowd of Supervisms orange County Courthouse Sixth and North Broadway Santa Ana, California Gentlemen3 The City of New Beach, by corporation grant deed from The Irvim Company Cfed August 2. 1962 recorded as Document No. 15303 in Book 621910 ps a 587 Offic ;al Records of Or e County hes acquired tgge foli - described p �tay2 the City ek'Newport Beach,hCounty of saga, State of Calif rniat A portLon of Block 93 of Irvine's Subdivision, as shown on a Map recorded in Book 1, page 88 of Kecel- laneous Mips records of Orange Comty, CaliforuMl mare particularly described as follows at the intersection of the center line of 80 Avow= (formerly 33rd Avenue) with the Northeasterly boundary line of Corona del Mar Tract, as 33rd Avenue and the said Northeasterly boundary line are shown on a Map of Corona del Mar recorded in Book 3 pages 41 and 42 of Miscellaneous 1 , records of Orange County California; thence DOSth 32' 27' 08" Bast 191.55 feet* thence South 50° 14' 20" Rest 967.50 feet to a point distant North 52° 34' 20" East 194.85 feet from the intersection of the center line of Jasmine Avenue (formerly 36th Avenue) with the Northeasterly boundary line of said Corona del Mar as said 36th Avenue and Northeasterly line are shown on said "; thence South 52' 341 20" Wiest 194.85 fat; thenco along the said Northeasterly boundary of Corona del Mar to the point of beginning. Subject too a) 1 General and Special Taxes for the fiscal year b) Rights of way, easements, reservations and other matters of record. RESERVING unto the Grantor its successors and assigns, for road drainage and utility purposes the following dsscrFQ parcels: The Honorable Board of Sqpesvisors -2- August 30, 1962 Parcel 1s A strip of land 30 feet in width along the entire Northwesterly and Southeasterly boundaries of the above described parcel. Parcel 21 A strip of land 35 feet in width alooes� the entire Southwesterly bowWary of the above described parcel. The intersection of the inside lines of the above described strips of land on the Northwesterly and Southwesterly side limes with the strip of land as the Southwesterly side line to be rounded off with curves tangent to said insi6o lines and having a radius of 20 feet. V=PT1VQ and RRSERVZMO unto the Grantor, its successors and assigns all oil, gas and other hydrocarbon, substances to and under the soperty couveyed, together With the right toe�p lore , devel extract and remove the $awe therefrom by slant dril1W or other like methods, with derricks or drill rip located outside of the boundaries of said property. On behalf of the Citys the undersigned hereby s-equssts that, comesnci� with the fiscal year 1ti3 -1964, no farther assessment of tax" 5e made on said property. Provision has already be®n made in the real estate transaction for payment of the 1%2- 1963 taxes. Thank you for your consideration in this matter. very truly you" a Walter W. Cheram$a City Attorns of the City of WWC:mac Newport Beach cc - City MenaS�er City Clark � Don S. Mosley Orange County Tax Collector P. 0. Draver 1438 Santa Ana, California V c 0 • POLICY OF TITLE INSURANCE ISSUED THROUGH THE OFFICE OF Orange County Title Company FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations; together with Schedules A, B, and C are hereby made a part of this policy. In Witness Whereof, First American Title Insurance & Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, on the date shown in SCHEDULE A. FirstAntaicmt Title Insurance �-'- Trust Company By PRLSIDI HI ATTCST b � SECRETARY i COUNTERSIGNED AUiH 7 SIGNATURE. Fo,m No. 10841 • • , CLTA Standard Coverage Policy Form Copyright 1961 SCHEDULE A Total Fee for Title Search. Examination and Title Insurance $ ------ 88.00_ -------------- _ Amount $ 10,175.00 Policy No. 864765 Effective Date August 21, 1962 at 9'00 A. M. Insured CITY OF NEWPORT BEACH, a Municipal Corporation. I. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF NEWPORT BEACH, a Municipal Corporation. 2. The estate or interest in the land described or referred to in schedule c covered by this policy is: A Fee. Page 2 Form No 1004 -3' • • CLTA Standard Coverage Policy Form Copyright 1961 SCHEDULE B 864765 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: I. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Part Two: 1. Taxes for the fiscal year 1962 -1963, not yet payable. 2. An Easement over a portion of said land for pole lines and incidental purposes, as conveyed to Southern California Edison Company by deed recorded February 14, 1918 in Book 318, page 90 of Deeds and as modified by instrument recorded May 18, 1949 in Book 1845, page 120 of Official Records. 3. The Right of Way for pipe lines over a portion of said land as conveyed to the City of Newport Beach, a municipal corporation, by deed recorded November 29, 1924 in Book 548, page 354 of Deeds. 4. An Easement for street and highway purposes over the Southwesterly 25 feet of said land as conveyed to the City of Newport Beach, a municipal corporation, by deed recorded December 5, 1961 in Book 5934, page 125 of Official Records. 5. Easements for road drainage and utility purposes the following described parcels: Parcel 1: A strip of. land 30 feet in width along the entire Northwesterly and Southeasterly boundaries of said land. Parcel 2: A strip of land 35 feet in width along the entire Southwesterly boundary of said land. The intersection of the inside lines of the above described strips of land on the Northwesterly and Southwesterly side lines with the strip of land on the Southwesterly side line to be rounded off with curves tangent to said inside lines and having a radius of 20 feet as reserved by The Irvine Company, a corporation organized under the laws of the State of West Virginia in the deed recorded August 21, 1962. (continued) Page 3 • • 864765 6. The Covenants, conditions and restrictions as contained in the deed from The Irvine Company, a corporation organized under the laws of the State of West Virginia, recorded August 21, 1962. Said deed provides that said real property, (except the easements described in Item 5 above) shall be used for public park and playground purposes and for no other use or purpose; and should grantee or its successors and assigns cease to use said property, or any part thereof, for the purposes hereinabove specified, or should attempt to use said property, or any part thereof, for any other purpose, then and thereupon this conveyance shall be rendered null and void and said real property and the whole thereof shall revert to grantor, its successors and assigns, each of whom shall have the right to re-enter and take possession of said real property and the whole thereof and remove all persons therefrom; provided, however, that grantee, its successors and assigns, may dedicate streets across said property, and provided further that other uses may be made of said property with the written consent of the grantor or its successors or assigns. Page 4 Form No. 1084 -4 • • CLTA Standard Coverage Policy Form Copyrighf 1961 SCHEDULE C 864765 The land referred to in this policy is situated in the County of Orange, City of Newport Beach, State of California, and described as follows: A portion of Block 93 of Irvine's Subdivision, as shown on a Map recorded in Book 1, page 88 of Miscellaneous Maps, records of Orange County, California, more particularly described as follows: Beginning at the intersection of the center line of Goldenrod Avenue (formerly Thirty -third Avenue) with the Northeasterly boundary, line of Corona del Mar Tract, as Thirty -third Avenue and the said Northeasterly boundary, line are shown on a Map of Corona del Mar recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, records of Orange County, California; thence North 32` 27' 08" East 191.55 feet; thence South 50° 14' 20" East 967.50 feet to a point distant North 52' 34' 20" East 194.85 feet from the intersection of the center line of Jasmine Avenue (formerly Thirty -sixth Avenue) with the Northeasterly boundary, line of said Corona del Mar as said Thirty -sixth Avenue and Northeasterly line are shown on said Map; thence South 520 34' 20" West 194.85 feet; thence along the said Northeasterly boundary, of Corona del Mar to the point of beginning. Excepting therefrom all oil, gas and other hydrocarbon substances in and under the property conveyed, together with the right to explore for, develop, extract and remove the same therefrom by slant drilling or other like methods, with derricks or drill rigs located outside of the boundaries of said property as reserved in the deed from The Irvine Company, a corporation organized under the laws of the State of West Virginia. AAR:jr Page 5 I ZO z C 0 0 Z z n 0 3 - c 0 z w TO 0 0 0 0 3: Z Cl Fo,T 1106 W ACACIA 14 • BEG6*'A 'C�Aiw F.._,. - rIO It, I Or 11 N ON bPR.BjAtE ,- 7 th N) 05 .ftR (A 0 ObN'4 LA m-m 7r- Io Uj ^> a La :� ^ t-8' 14 O P brangro- Aunty Title Comj&n This Map Is a Copy of the Map Prepared by the County Awuey of th County of Orange and Is Not to be Construed as a Part of This T c.aerma Lane rent Arsoe;anon • • Standard Coverage Polity Form foavrigM 1961 form to8a CONDITIONS AND STIPULATIONS (Includes those in the American Title Association- O.wner's. Policy -Standard Fortis B- 19611) 1. DEFINITION OF TERMS The following toes when used in this policy mean: (a) Ind the land described, specifically or byy refer - nu , in Schedule C and mp o ements affixed thereto which by law constitute real propem; (b) "public records": those records which impart non- strietivu notice of matters relating to said land; (e) -knowledge": actual knowledge; not constructive knowledge or mfiee which may be imputed to the Insured by reason t any public records; (d) "date'? Inc- cifeetwu date; (e) i-rtgng mortgages deed of bast, trust deed, or others t n tru e L and (5). "insured"; pity or parties herein designated as Insured, and if the . owner f the indebtedness sccciad by a. mortgage shown ; Schedule B is named as:. art Insured in .SChed,di,. A, the Insured shill include (1) each successor in interest in ownershillof such indebtedness. (2) any s Fauh o who acquires the T t or interest referred tom this policy by foreclosure, trustees sale or other legal manner sn sahsfachmi of said indebtedness, and (3) stay federal 'agency or instrumen- tality which is a Insurer or granulator under an insurance, our- tract or guaranty insuring or gran. it ng. said i idebtedness, m. any pit thereof, whether named as an Insure{l herein or not. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness seenned by rt- g g,dcc bed Schedule H acquires d estate o nt e,t, or Tq pat thereof, by f ed trustee's sale or other legal inarmer fir satisfaction of said Indebtedness, or acry part thereof, or if federal agency or rest i tatty acquires said estate interest. or ny pan thereof, s' a ermequente of art nourantic contract o guaranty nsu n6 or guaranteeing the indebtedness seemed b mortgage entered bj this policy, or Any Part tl neon, tp policy shelf continue in force in .favor of such Insured, agency or histmincentislity, subject to all of Bond -- Iions.:md stipulations Iieneef. 3, EXCLUSIONS FROM THE COVERAGE OF THIS POLICY Thus polics chains polio not insum against loss or damage by reason of the following; (a) Any law, cofillame or governmental regulation (in. chiding but not I cl d to building o d zoning ordm c s). etneticg or g lating or p t bits g the occupancy, u or enjnnae t f the lad; r r g l d g the character, dimensions, or location of any unproscrient now or hereafter fe eeted on said Intel, prohibiting a separation as ownership or a reduc- tion in the direCaShalo o area of any lot or parcel of land. (Ink Cs tdl bbht of police p e -ut do- e in fl,- 1 T suds al retle. to .... con ych rights appears in the p dila records Fit the date forced. (:c) title to y property beyond the lines of the hand pressby do I d Schedule C, r title to street -ads, a amts lanes, ys. or tcmays o which h land ib t or the right to maintain the aunts, tut nets, ramps or am. other shnctuc d{ u. i t iY tgllh easements therein red nn This Policy specific Ily provides that such property, rights or easements are insured, c.sc pt tl ne if the land al as coca one or more physically Open streets highwass . this policy cy inures the o c y Tight of I tt g.o e s for aces to one of such tre t o r, highways, unless otherwise executed or l.elected herein. ( -d) D fette 1' e, rectindiramers, adverse claims against the title as insured or adan matters (I treated, suffc ed s coed o agreed to by the Insured; r (2) lam t the Io. s ced, either t the date of this policy Or t the such trained acquired art estate or t s[ insured Fee this p l y slid not shown by the public ec d unless dorlesme . thereof in writing by tire Ireland shall base la cre made to the Company Prior to the date of this puly , or (3) resulting in no loss to tie Ins ed or attaching r c atel b' gaeca to the date Intend. (e,) Los, Or drainage w huh would tin bee sustained if the Insured ,. e a pmcl ss m a hbman... for value without k uwludg 4. DEFENSE AND PROSECUTION OF ACTIONS NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (:a) Tire C a p any, I it stn a0l and without undue delay shall Provide ( I ) for the defense of the Insured in all litigtion cons commenced actions or Proceedings c mmeinced again It . fit'. heated, la o dfor neo- restraining orders, indebtedness j tonsrnI 1 it a ntla , foreclosure sale of the eofil. secured by o n said emend J y this P I Y o :sale d the estate er interest nabaid la d r (P) for such te action rs any be xppmpn let age shi d title hi the tigaic or mtemrt m the ofsuch f the event, is e as insured, which alleged de or action. in nn' of aueh c oinsuas bungled upon an alleged defeat, 'lien or cis- c hca t c l against l y tI s P Lc> a d s ay am a. any Ltigaha t fiaosan i to the ot of last (b) In Laos n h u protesting dull nc b g p r defense : d ni si te e 1 Igo shall Once tre. the ins red f t I 'n 'of title interest 1 eh is adverse e to the a, of the rata o rte , o 1 C II r s u eh ge as insured, or which gF, • to damage far , n, the Company shall F, av Le little Ip virtue sell IN, pub ela cif the mrrtay n sL dm b good tli contract t II the 'ref Madness snav� by a c h leases tr by Ili 1 ulna, m, if A. Insured n goer faith lea cis o t rot it ell Ic ester sale. the ire Or a in, ued u t( 1 rider t f Qtsue l u de : m rag g everted by e t paisley, ate or to purchase. and m any such event (he title m said n'tate or interest is mjec[ed as unmacket- able, the Insured shall Tandy the Company thicraf in writing. flying cauticestrall nut be given to tho Co m p i s within ton days of the receipt of process or pleadings or if the Insured .hall not, in writing, promptly i oCC the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or ( the Insured shall not, nr writing, promptly notify the Co parry of coy such ojectiun by reason of claimed unmarkeeability of title, then all Lability of the Com- o notify stall in no unless the Comonnv such fa 1 nc and then only to 11c extent of such pueiiahre. (c) the Company shall have the right at its own cost to Institute and prosecute any athmn or Proceeding or do any other act which IF] its opinion u aY be e iry or desirable to estah. fish the htheof the crate irr interest Far the Gen of the mortgage is' husnutd, , and the Cluallany rely Pike my appropriate pit Lion n ode II t s s of this Policy whether of t shall I India, thereunder and. iliall not thereby :cumeede liability of waive any provision of this poltcy. (d) In all case wherru this policy pannas or requires the Cnnipany or pmeeehte or provide for the defense of any action T proceedmg the Insured ,hall sear, to it the right to sir ptoscm tc or ptdvid, defense in such action or proceeding+ and all appeals therein, d permit it to live, at its option. the name Of the I l for 'l i pose Wherever requested by the Comp y the Insured slut I g the Cconparly 211 assistance any such action or limenediak, In eff Gtr g lottlergent, securing unidc c Obtaining ins, itr esses, or prosecuting or defending such arts on or protruding, and the Company shall gimlma'e the Insured for any esper.- so incurred. S. NOTICE OF LOSS LIMITATION OF ACTION In addition to the t c s required under paragraph 4(h) ' a statement writing Of y loss or I erg which Inch it is Inin pd the Company is liable r,d this pope, eh it he ( o- islied to the Curlpary within sixty days After such loss or damage shall have re en he ' rind no fight of not u shalf accrue to the Insured under this pop, ml thirty class after h smtr nt shall h been (aie d red rot y 'Dt lI be had tl Insured do this pol y unless ref hall be o e re d er aeon within 3e Etc U of d thirty day period. Failure [o ( `h such totenn," t (los Or d gc u to co n ud ry thin fit, time bureau- before erl sall bear unrlive bar against maintenance by tli Insured of any action under Wes policy: 6. OPTION TO PAY., SETTLE OR COMPROMISE CLAIMS' The Company hall have the ptio to pay it settle or u prom for or iu the came of tire Insured y der n insured against u t lay tli (II must f. this Pubes, - n : c se lass is la claimed under tills pulse' by the owner of theciudchtedness secured ley d w e ortq g covered by thus Policy; tine Company shall have the option to jourchase said d btrib r,,, such Pin, - dloc,e, jusynFunt irr truth" Of Lasater of the fill tit of ties policy together tl II costs, attorneys' fees and ap rs Bich the Co npany is obligated hereunder to pay, $h all to ma- ate all liability of If c Co i party hereunder. In the event, aft .notic of claim has been given to the Company_ by file Instruct and the iortgage s"Firing We aume to tike Compauy upon pay meat of the peolux- price. 7 PAYMENT OF LOSS (a) Tire liability of the Contents under this poky Ball in i in cexceed, in . 11 the actual less of tire Insured and cost, and attomcys ins which the Comps ry may be obligated here- under to pay. ( b) the Company "ill pay, 'n addition to , . leis milled gain by this policy 11 ... t .. mitered pp tire I s ed 1 tigat n carried on by the Company for the Insnrod, and all Cost, and attorneys' 1 litigation earned ire by tip' Imu red with the written nallorii,tien of tire- Company. (o) NO alams for daulagcs shall a `c lie ma t hie under this policy ( I) if fire Cornli , ft r having unj,,d or cal den herein removes salell defect, 1 -cis or emend,nago _ within reasonable : time fte colt of such rotates or ( 2 ) for labil y voluntactiv assumed by the Insured in selliWb any clout or solit "id mat written connnt of the Courpany, or (3) in the c a tile . hilt is rejected a nimadetalih Increase of a defect her or elaurubr,luo not l dutered , csclvda in this puree, until Iliac has been a Bmel d termination by v emaa of i'mnpetent , l g t` int sustainng imp election. (d) All Pay ents under this ,> except ti n do for alienates in and e xpense shall euce tire it Of fill. a mo relju (auto and no payment hall 11c made, out p o c oli tin policy fo r vcdo ere t of h fly naant unless the policy ey b lost or `deist eye 1 1 ch case t root of mach loss destruction tell] be him 1 ed to the ' t1, i action of the CO irr n>, provided, loosest, if the owner of a i e l I tc4l ess rc,aval by a nm Ig age been tra Sehedi h, B is Insured herein then such pasaa,nt, still riot rilleco pro t to the ,men nt of the me attended hereunder Fus to such insured swept to the extent that s di payments r duce, the remnant' ir l ( the indebtedness ti led y ch mrtguby t. y nt t in fall y any person , Fqalltrry latelf,lutur oecase by the Insured of a lum1g.go err. a ed by this print h ll terminate all 1 at 1 ty of the Company to the insured Owner of tire deheedhe .. need by .rich meregagc, cleri t as provided in paragraph 2 hereof. (r) thh-m liability has been definitely fixed in ccordance with the conditions of this policy the loss or damage shall be payable .within thirty days thereafter. 8, LIABILITY NONCUMULATIVE It is expressly understood that the amount of than polity is reduced by any amount the Company may pay under any Policy notiong the validity or priority of any mortgage shown or referred to in Schedule B hereof or any nexpl i6 . h eaftcc tuned by the Insured which is a charge or lien on the estate or interest described err eferced to in Schedule A. The pro- visions of this Pa g pph. numbered B shall not apply to an Insured owner of a debeedne ;s seerand by a mortgage shown in Shed lead ludes, such Inured acQq es title to said estate or interest msahefm n tmof said indebtednessor hnyprt thereof. 9, COINSURANCE AND APPORTIONMENT (a) In the nt that a partial loss occurs after air ahmn t on o n t o ire subsequent t d date C this policy, and Only that event, the Insured becomes a coinsurer to the ex- tent he mmafter set forth. If the mist of the alteration or improvement exceeds twenty per nt of the amoi ut of this policy. such proportion only Of any partial loss ntabhshed shall lie borne by the Company is one hundred twenty. Per ventral of the amount of this Policy be,,, to the Sala of the amount of this polity and the amount expanded f the alteratirul or iniproseneent The f a gongg Ii i o ball t Illy to costs d tto c,, f s 5e cd by the Cumilemy in proscanteng or providing for tl c defense of v t Or p day 1 df of the Insured pursuant to rise to s of this 1 1'e Or to cost, iii P ed no fl', Insisted in such induct, 0, arme,dFrig and sInch Out apple t lusse, which do . not i cud, in file aggregate, ail allaullat equal to out per ,nit ,nitual of d5 far, account of this pope, provided. however, tlitfi- lo gong, coinsurance provisions sl ll n I Ll, to y to, f. at tire I of :tli o c ice of such to t a, then value of the premises, . o unposed, does riot peed the i t of this policy, and provided further that file foregoing coinsurance provisions shall not apply to' an in- sired Loner of v n indebtedness secured by a mortgage shown n Sul cdde B Prior In aegaoltron of title to said estate or interest irr satisfaction Y said indebtedness Or any part thereof (I) If fill land de,enflied or referred . to S,Iled.le C is divisildo into separate and rioncoutinolis parcels, or if . con. fiVicals and 'cl Inicals are not used as o ngl e site, and a loss is estalil ded alicetng one or more of said Parcels hit not dl the loss shall lit computed and settled on it pro Fatal Inns asif the face amount of the onlicy was divided pro rata as to the value on the data of tires policy of each separate nedelicrident p eel to the whole L,Llrniv, - of any improvement, mach ed, sequitur to the data of this policy y. uel h of I't o d 1 a : cal aelnet agcl Po ate 'n'll soon n ilytire C p my ,led tire In Fall at tire time of the s ut c of this Policy 'i d slarost b. in express statement fount or Ip in endorsement attached Lento. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever e the Company shall have. waluct a claim under tl Policy, all right of uLmuto tall vest ( the Countle, . n fiectcd by any act of tl - Insured and it sliall be I gated to 7 I entitled t all ralltv and remedies which the Insured old hav, herd against any person or Property - in respect to such eluim had thustiolicy not been issued. If the payment does riot the loss f da, Insured, the Company shall be sellux, rated to , llali t and rentrinS In tli prI 1 el stad 1 a ut bear, to the amount d loss f loss should aspi :c brain a y t of ti poured. such it al net this om y her file Couniany. i i that event, be required to pay mN rival pact of ' insured against hereunder which sha ll o ped the o o ti t y lost t ti pry by f ties ru [ M tie ( llue ga Th e I l on- quested s lens d shall transfer t Ili C o 1 ivy all eµ h aridmedis v against any person or property necessary t Order f Perfect such SI of subornation. ad % hall pc t In Co mpuny to a u this n ine of the Insurer[ Ina 9 transaction r f fie I litigation fired is involving sock rights Or remedies. n rt tli Insured s the this of the dented le by mortgage heere r h policy, inch In.' c 1 ,say n e or : a l t ers t . the rwi odify liry of y f payer gout Or pRC 1 u otherwise e no m t the to he 1. ymeu to u akael. , patio of the estate Copts from the I lioftls ptvi gd tre any pull tend t i nla fur the f priority Of the Per uarch tat does not insult in any Igss of priority of the. lien of the mortgage. 11. POLICY ENTIRE CONTRACT Auv action or actions or gktof. action that the I ed may Inoe Or lilts bring against the CQmPaTlV arising ,ol t of the status f tire c u of the u ortga g, covered by tl policy or the lithe of t I li, estate ror interest invited larein must he ba.ed. on the pro- vision, of they Icy. No Provision O o d't of'this policy can be waived or changed c rcpt try sitting endorsed hereon or attached hereto signed by the Presad,rg. Vic, President , till. Secretary ni Assistant Secretary or other validating officer of the CO., pnny 12 NOTICES WHERE SENT All notares required to lie given the, Company d any : t tie- ant in writing required to ba famished the Con parry s -hall be addressed to it at the office which issued this policy. Ic ••. T4'A]0.'OPUrN' a :eae M a in"n.5j. g t zr�k" - .. tit.• �.SF�m kY N r n.wi W i +n i x a .. a iJA 0 City Clark City Attorney City Clerk Agenda Item 1 -12 0 August 16, 1962 In accordance with your memorandum of August 13. 1 am forwarding herewith a certified copy of Resolution No. $655, accepting the Corporation Grant Deed from The Irvine Company in connection with the purchase of Grant Howald Park. Will the Deed be recorded through the escrow, or will it be sent to me for recordation at a later date? We are now filing all the deeds to the City in files identified by the Orange Counts Official Records book and page number. Margery 5chrouder City Clerk MS:mv Enc. G r 16164- (l2) 2 A $S t+t t; I€:1 CA! ^ski +CIi ",' t;aJ.'+ u OF TkYE Curl .4W 3 1 ACH e►C &?TM di CORPORATIM G MIX-I F DE 4 { 8. , The Irvine C014mmy, a West `JisgisiA Corprtation* 5 has : .' a trq►s at s atxaaf daeetd psastttag to the City of 6 HVIWOrt S 2 the follot deaserLL*W real arty in the city of 7 `? port Beach, :._ sy of Drone, Scat ,--. of CaliforaUr 8 A puUm of Block 93 of Irvine's SubdivLsi en � as skown on a Slap reaco d :L''a Book 1 s pap is of 9 ii4eallsommus maps, recoxds of Orauge C j►s <e1i,fbmts, worse particularly deascri. bed as folloms 10 Be gimming at the iater",ttion of the canter Tine 11 of Goldenrod Avenue (forasrasrly 33rd Avg) with thin Northeasterly boundary Una of Cesare del Mar. $!rest, 12 as 33rd Aetewas and the a.r ld Northeasterly boundary 1-as a shown on a Map of Corona del Hw revord" 13 La k 3 41 and 42 of e11e mApso rr= California; rec cari3 c County" thence North 14 920 27° 03'' apt 191,3S feet; theme Bouth 56° o 20" East 967.30 feet to a t aitsumt Womb 52� 15 341 20"' East 194.55 feet from the iantersectiou of the Canter fins of Jame .eve (f riy 36th 16 .Avg) with the sortheasterly boundary Ljvm of said Corom deal Mar as said 36th Avenue aad ste rl 17 Gina are slot on said pi theme South 52* �= s 20" West 194°85 feet; theme alang the said m%-,rth +rtsrly is wry of Corom deal Mat to the point of beginning. 19abt to 20 (a) General and Special 'faxes for the fiscal year 1962 ®1963 21. �) hts of dray, aasraaa sta, reservations and Other 22 matters of record. 23i 99MInM unto the Grantor: its successors mW ass Lgns u foc road, drainage and utility purposes the foUmA nb 24 described parcelis 25 Parcel lr A strip of Land 34 fmst is width along the entire rttamatearly end Southeasterly dariew of 26I tbo above dazeribed parcal, 27 Parcel 2: A strip of leod 35 fast !s width al� the antirt Southwesterly bomelary of the above 3essccr#3aad 28 Parcel* 29 The intersection of the inside Lima of she above 3o i demoribed strLps cat lanai on the Hort tealy said Southwesterly side lines Wi.l h the strip of land *a the Southwesterly side liae to be road off with 31icurves tangent to said inside lines and havin a 321 radius of '40 feet„ 1 2 3 iI4 5 6 "d 7 9 10 11 12 13 14 15 16 17 18 19 a ad - 0 0 -:.K XFTLM and 'stag the Grantor its stw— ;: "Sorrs O'Ud aasi4PAS all oil, gias w hydro- carbon substances in and un4er the prq 6rty comayed. togeth4 with the r to wWlora� r` +el0p, extrasct and wswve' �sa� therefrom VSy aiant drilling r *,ther like meth, with derrick or drill rig, located outside of the boundaries c.117 aiiv ( M i'• saia3 A��4�R >4a1 ..T 4 U:u;,,a4ASx said corporation grant siaad also recites as "gain real propertyv axcgpt the "Samats above descrtbe4, shell b,�, Used ZOX P,Llfc park sad p]arg- &�v;uW purposes and for no other, xwe or Peargassei, and aho9'. d grrx ese ar a .e'4 4Success"drs and �:i ig LC �!.Olvso to use said proyart7j; Or any Part z- reoi, for x'`14u purposes hor*iambov a sp w; Zfi.e4, or shcoula3 a3tc x: t-10 use said pronta.ty2 axr alter part thereof, ,s�7• any ott peep ;.. a lad %:T.serata at this coxweyF hwe shall be rQra*rad null ar44 void zmd said real pr`eperty and the Otola thereof ah al.l revert to grantort. its sucae sGO' s a, &.I ,A s each j,�f iftra attall have the rift to z9= enter attd ,.ems possaasioa of said real property rAd tto. ale thareof and remove all persons th4wefram; pro- vided, fiver, that graantea, its stcc &OWS a'd aabsi as, may diedicata &treat# acxcoaa said property and providC,d furt&er that other uses wolf be made 0t satd property with the sarittes couseni. of the grave -tw Or its 5ucVOSA.cV5 or aasi ,<`$ 20 wffjtm, ia: its to the Laterest ©t the City to accept 21i aaid for aeti+os gran deed; BE IT iir "St?i.M by the Cfti y C L' C1 rhO 231 City of auwport beach that said corporati= grant dead be saccepr'ad 24 and t% - i.ty CiorU. is aotherized .c;a4 di teal to sraacut a ��d st9 at&, 25 a Corti - fiesta of acceptance and oo nasat to the r ordi% of saaid 26 corporation grant dew in the County kocordar4fs off a;a. 27 ADOPM this 13th ray of August,, 191 0 28 3211 City Clark 20 0 -I cz ' 3c I a21 CITY »» �'*2 Abp «N 0 August 13, 19 � � � To: c± e1 «E d w» »] From City atm ey Subject: Agenda Item I1: Transmitted a2:?«ed resolution acce :Ka Corporation »: Deed from The Irvine :A atica copy =f ?n proposed deed o-Il Grant ala Park. Upon a;op: :m of 'Che z« £m, acertified _=should be prepared and Lo t,soffice Gz traiismLttil to tic escrow, in order '.'la t :\ may be atta ed to tlae er gI a! of 2. deed and recorded. o :_e w. cc City Manager «- «� mwer <,:G-a c£ z wee ey F ilt:�aeatod']� . Y %ur3 `t ioilded Mail To - Space shove this liae for Recarder s use YOi3 A VALUABLE CQJSS:1F ;1L'I�;i, receipt of which :L!; Hereby a tledf;ed, `iUE L'�'+�i; CObiiW Y, a tomporation organized under the lava cif the Stat47 ad! test Yirginlap hereby d33U2.; to the CITY QV -01P= B� dy a Atai9.eipal Carpoaation, the folio€ la described real property in the City of iSewport ;'3cach; County of Uisnde, 3tw%e of California. A portion of )lode 93 of Irvine's Gubdivision, as slxnm on a VAp recorded In Hook 1, go4p &> of iiis^ollaneous NAps, records of Orange County, California, pore particularly described as follows: Beginning at the Latcrsc etion of the center lino of (knldenrod Avemue (for®erly 33rd Avenue) with the Pdort$asaterly boundary line of Cordes del Mar Tracts sa 33rd Avenue and the =1d northeasterly boundary line are shown on a Any of Coro4a. del :ear recorded in Book: 3, pages 41 and 42 of miscellaneous hops, mcor s of Orange County, California; tlicuce ola U 32` 217' 0" 1" Test; 191.55 feet; thence South 50" 14' 2W x::aot 961.5.) feet ;,o a point distant : Sorth W 344 20" East 11k•=',5 feet IVa�)m the intersection of the Center line of Ja m nog Avenue (f Orly 36th Avenue) with the Northeasterly- touackuy line of said Carom del Her as said 36th Avenue and Hortheasterly line are abotm on said.Pap; thence South 52° ;4' 20" West 194.35 feet; thence along the said Northeasterly bcnmdary of Corom del i "iar t:o the paint of hegimUnj. Oubject to: a) General and Special Tra::ez for the a'iocal year 1962 -1153 b Bights of way, essemoute, reaervat:ions and other matterz of record. !M=Y1W unto the Grantor, its succcoaarc and as si au, for road drainap and utility purposes the foT).oving describer) parcels: par"l 1: A stl't, of lend 30 feet au width along the eAtlre r='t l4aterV and mutt bo uadaries of the above 8escribed f7PL1Y`eaor A Strip o' land. 35 feet in widtta elong the cnU 5�rut:l�n a r]y boundary of the above described parcel. The intm -t.e :tion of the inside lases of t-;ne ebotee &a(w bed strips Of 1"ad (a the axn6. uouth"Otcw1,y side 11mes with t?e strip of d dY the 3outimsterly Side 11M to be:xwju1Q4 off frith crux -Jar. i ii3 seat to said inside lirteo and hang a raaitue of 20 �cet.. B.2: 2' mrfi ad MwWriG wi *.o the Grsaitor, its successors rlui assigns all oil, gas and other _ 7-drocss' n subst -mices in and under the Property t_=Med, tosetaes with the rlkt it to eXPU M for.* C,(.Ymlap, extract and 1Vl WM the seam tbapesfrw 1XI slant drilling or other 1lice a &e Aodg, with derricsa or drill 2- s located outside of the b ->ia riea o2 maid property. Said Peal property.. except the eesewnts above gkweribedy ahall be used for public Park and plgyg.ound purpowe cad for no other use or purposoj and should grantee or its successors aad'asei:ns coasae to use said properCyr, or &W part thereof, for the purposes herclambave specified, or should ati,%Vt to use Said propertyr or m' Part tiwreaf, for ayy other puzvose, than sad CNnvupon this:Oonveyauce sb&U.be rendsrad nuU and void and said rml property and tae whole then shall loam to grantor, Its successors and aaaigna, each of uham shall heave the right to re -&WAw and taco poeseeason of said real property and the vhole thereof and remove all ;7arsaae therefrom; provided, havever' that grantees Its :3uccessors and assignse Lw dedioste Streets across said property# and protrided rurtwa that other uses asy ba zzW of said property with the written o awdat of the ;orator or its ausecese:ura ur• eausigay. a_. r a .v > ) yr :� .• OWX OF CALTirOF:eIA } OG9JIM OF ORA= On before m, the -,nd=9i5wJ—,aWt—aa-FMc in end for Said County and :Mate, personally vWDoared known to ms to be s`''fiE If,''YM C04PAIM Ay sident r the PreaMito and known to sae to be the Secretary of the Oorpouration tit exemr ed the vitliin Lwtrument, known to me to be the persauc -Jao executed the within Snstru t an 'belmOX of V'w Oorpolstion therein named, and acknowledged to me that ouch Oorporation ammuted the vithiu Instrument pursuant to its by-lava or a resolution of its board of directors. WIUMW wj hand and oc icial seal. g Secretary 6 6 July 3, 1962 Orange County Title Company Main Street at Fifth Santa Ana, California Attention: Harold R. Loomis Re: Your order No. 864765 -HL Gentlemen: We are returning the escrmq instructions in connection with the above subject which have been executed by the City of Newport Beach. It is suggested that the deed cow. eying the property to the City be prepared and a carbon copy be transmitted to this office in order that the matter may be submitted to the City Council and the deed accepted by resolution. We will then transmit a certified copy of the resolution to you as escrow holder to be recorded along with the grant deed. Wf ?C : mec Encs. cc - City Manager City Clerk Very truly yours, Walter W. Charamza City Attorney L. City Clark City :attorney Deputy City Clerk i I I July 2, 1962 r, r ittached are the two copies of the escrow instructions for the ourehase of Grant Ho,r ;ald Park which has been, aN,2cuted. by the Mayor and Deputy City Clerk. Execution of the escrow instructions was authorized by the adoption of "esolution No. 5633 on June 25, 1962. ITI : ph Encs. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (12) 6 0 w VWAPMT Ha z A wO Mam l won", the city of- lavort 'pia Its awressime its tusR to pumbass the property pr" aatly under law* fxoA The YYvr Como" iwludw Within a %%W14 !'mil ; *no GAc=m NO. U4765 iea t s C-a ty Title Company; saok .. " s said esexvw is eructio acme+ 8e!" M�L'Wwsd and to be in sir sad is ace4wdence with the C:Lt?' aapti€ u to ie 1 VMS a U IT Pi63iQ3 VED tdast the yo! and raty UWk be MMA saran bereby satcbosci sod and dixmated to texas said "Crow imstractiew an bdolf Ot 1>. w city of A> AVOrM this 25th do of .%sense 1962. 'MMMERY eat; By Maxine Vallee Deputy City Cleck CITY OF NEWPORT BEACH C ITY ATTORNE?f DEPARTMENT To: City Clerk L From: City Attorney Subject: Purchase of Grant Howald Park June 20, 1962 Transmitted herewith are two copies of the escrow instructions for the purchase of Grant Howald Par'.,-.c and a resolution which, if adopted by the City Council, will authorize their execution by the City. It is requested that the resolution be submitted to the City Council on June 25, 1962. If the resolution is adopted, please have the two copies of u-le escrow instructions executed and returned to this office for transmittal. 1,,1WC : me Encs. cc - City Manager Director of Finance 4la1ter [T. Charam a City Attorney r � CITY OF NEWPORT BEACH CITY AYTO^.NE DEPARTW"W June 20, 1462 To: Director of Finance From; City Attorney Subject; Appropriation to purchase Grant Howald Park On May 28, the City Council directed that the City exercise its option to purchase the land presently leased from The Irvine Company included within Grant :iourald Park. Escrow instructions have been prepared requiring the City to deposit $10,175 on or before Aug%w t 6 1962, to exercise the option. In addition, the City is obiigated to pay one- half of the escrow fee. It is, therefore, requested that an appropriation be obtained icthe City utldcot for le haae price and as the to he City of com ing the purchase. WWC:mec cc - City Manager City Clerk. Walter W. Charamza City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 29 30, 31 32 r.;, .t +. 1' CUl O IAFAVIW% ScWhA eOML:rz OgrafmaUt bOOP—Ma VIO City if d wfmt samb "A t ty uuth at"" o!' Fort vAtbw . for tbo deastmt:ian of sa eatw ica to oft vrtsl: A WOO *10% the nwtherly StAs of Irtflik AVWVA! Wield €fig wastarly Ali! C:h hatly p9*1040"ift of Iris Avamm #d *la the ball ,d'imm at tim carom sex �VAT Youth Goner; sad WAMOS the cur it bAw considw"d "0 term "d Attion1 of SSW earsaWat &W $eod tbom to belaiX' 1s� able$ direotted to ate► the meow e% be►maf e F the City of t