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HomeMy WebLinkAbout4210 RIVER AVE 215_03_INSURANCE DOCUMENTS03_INSURANCE DOCUMENTS 0 0 GUARANTEE fc AMER v First American Title Insurance Company HOME OFFICE: 421 NORTH MAIN STREET, SANTA ANA, CALIFORNIA 92701 • (AREA 714) 547-6892 Form 1283.1 QG .a TA VO1, Part Form No. i, 1 LIABILiTY $2,000.00 FEE $ 50.00 LITIGATION GUARANTEE ORDER NO. OR 1132786 YOUR REF. A.P. NO. 45-193-01 PURCHASE ORDER 9453 First American Title Insurance Company a corporation, herein called the Company, GUARANTEES CITY. OF NEFIPORT BEACH herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below, 1. The title to the herein described land was vested in the vestee named, subject to the mat- ters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. The necessary parties defendant in an action to ELIMINATE RESTRICTIONS SHOW AS ITEM #2 OF THIS REPORT are as herein stated. All subject, however, to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. Dated: February 15, 1973 at 7:30 A.M. First American Title Insurance Company BY ''`�'/R"1� PRESIDENT BY IrTJ V V' ASSISTANT SECRETARY Frank D. Luer Page 2 FCLTAorm Gua,o • Form 1283.2 c Form No, I, Part 2 OR 1132786 VESTEE: City of Newport Beach by Final Judgment in the Superior Court of the State of California for the County of Orange, Case No. 37526 entitled "City of Newport Beach vs. L. G. Goyette et.al.," a certified copy of which Judgment was recorded February 17, 1940 in book 1029, page 275 of Official Records. EXCEPTIONS: 1. General and Special Taxes for the fiscal year 1972-1973, exempt. Code Area 07-001, A.P. No. 045-193-01. 2. The Covenant against the vending of intoxicating liquor as contained in the deed from the Orange County Improvement Association, a corporation, to L. G. Goyette, recorded September 17, 1923 in book 151, page 384 of Deeds, but deleting restrictions, if any, based on race, color, religion or national origin. Note 1: The reversionary interest under said instrument recorded in book 151, page 384 of Deeds is now vested in Eleanor Mize, as to an undivided one-half interest, and Robert C. Mize, Junior and Marjorie Mize LeGaye, in equal shares, as to the remainder, by mesne instruments of record. Note 2: quitclaim Deeds from Eleanor Mize, Robert C. Mize, Junior and Marjorie Mize LeGaye will be required to eliminate this item. 3. An Easement for ingress and egress and'public recreation purposes and incidental uses including but not limited to parking, fishing, picnicking, general viewing, public protection and policing and erosion control. Page 3 Farm .m CUG A uammce Form No. 1, Part 3 OF 1132786 Said necessary parties (other than those having a claim or interest by reason of matters shown in Exceptions numbered 1 and 3 to be made defendants in said action to be brought by City of Newport Beach, as plaintiff, are as follows: Eleanor Mize Robert C. Mize Jr. Marjorie Mize LeGaye Mize, Larsh, Mize & Hubbard, Attorneys 1666 North Main Street Santa Ana, California 92701 The land referred to in this Guarantee is situated in the State of California , County of Orange, City of Newport Beach, and is described as follows: Lot 6 in Block 242 of Canal Section, Newport Beach, as shoran on a Map recorded in book 4, page 98 of Miscellaneous Maps, records of Orange County, California. FLtld Page 4 1 i POR. SEC. 28 & 29, T6S, R.IOIN. I 45-19 `y vx 9-Il 1 20 1 a 2 2 15� .t _ 13 L BALBOA ARCM H 1949 1 CANAL MARCH 1972 46 - 01 AVENUE THE RIVO ALTO $ ' a4 J, at CA L i t� to @ 1 3' I 3 W a vP 2a� e ® 2 2 „ w \ - s (SAY SECTION AIN 4-98 Yt R/VER r �• of O � • �17 es• « 9 19 11 10 ` A.s 6ak._ IJ`• sso AVENUE se• r' 13 IS � 12 : Io u Q Q O U • f 1 I3f AVENu£) BOULEVARD } �� F-2oi I N07E - ASSESSORS BLOCK B ASSESSOR'S MAP PARCEL NUMBERS BOOK 45 PAGE 19 SHQWN /N CIRCLES COUNTY OF ORANGE CLTA Guaranteo (5-10-67) . GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Guarantee mean: (a) 'land": The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (e) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of This Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) Unpatented mining claims; reservations or exceptions in pat- ents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly ddescribed in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements ire expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title is guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. (a) "Any'consumercredit protection,"truth in lending' or similar law." 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or con- firm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cvses,where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be fur- nished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time heretnbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged deflect, lien or encumbrance not shown as an Excep- tion or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorneys fees as provided for in paragraph 6(b) hemof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for indorsement of such payment unless the Guarantee be lost or destroyed, in which case Froof of such loss or destruction shall be furnished to the satis- faction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or Changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 421 North Main Street, Santa Ana, California 92701, or to the office which issued this Guarantee. 10. Fee The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. � S•S AMERlC r i �4 92 4 r First American Title Insurance Company 421 NORTH MAIN STREET . SANTA ANA, CALIFORNIA . 547-6892 q�-7©1 City of Newport Beach 3300 Newport Boulevards City Hall Newport Beach, California 92660 Attention: Phillip F. Duttencourt Assistant City Manager Your No. Purchase Order No. 9453 A.P. No. 45-193-01 Our Order No. OR-1132786 Form of Policy Coverage Requested: California Land Title Association Standard Coverage Policy In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment shoulues Dated as of January 23: 1973 at 7:30 a.m. —TTITLE OFFICER Frank D. Luer Title to said estate or interest at the date hereof is vested in: CITY OF NEWPORT BEACH a municipal corporation. The estate or interest in the land hereinafter described or referred to covered by this Report is: A klee. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1972-1973, exempt. Code Area 07-001) A. P. No. 045-193-01- 2. The Covenant against the vending of intoxicating liquor as contained :3 in the deed from the Orange County Improvement to L. G. Goyette, recorded September 17, 1923 1 Deeds, but deleting restrictions, if any, base or national origin. ox-1132786 Association, a corporation, n Book 151, page 384 of d on race, color, religion 3. An Easement for ingress and egress and public recreation purposes and incidental uses including but not limited to parking, fishing, picnicking, general viewing, public protection and policing and erosion control. Page 2 oR-1132786 DESCRIPTION: All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: Lot 6 in Block 242 of Canal Section, Newport Peach, as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Plats enclosed. Copies of covenants, conditions and restrictions enclosed. FDL:gr Page 3 I• L BALBOA 18 � ARCM H /949 ' CANAL MARCH I972 L� POR. SEC 28 8 29, T6S., R/OW AVENUE as-19 THE RIVO ALTO � L e CA L s je �6 10 @ 1 Lh 3� 1 1 s W tu 2 Q O 243 h 22,•,1 ~RIVER AVENUE o fe B5 v eri (t� :14 i /a 19 12 ♦ I I—�-� 19 11 s — O —_�43 e� Je 13 s ss , - 12 ♦ i 9 J /o u 1� 9 OQ • /, n ♦ O O ♦ ` I &AY AVENUE I BOULEVARD - M. M 4 - 9B NOTE - ASSESSOR'S BLOCK 9 ASSESSOR'S .NAP SECTION • PARCEL NUMBERS BOOK 45 PAGE 19 . 3! SHGWN /N CIRCLES COUNTY OF ORANGE I Fust Wmercan Title Thia Map Is For Information Qn1y And Is Not A Part Of Thla uue . "U.rlu+ POOR.�, QUALITY ORIGINAL (S) „ � n:�-_,.1+r.n..1.tw.v.,sr,ne'Kii.-•yt'•-L,.Ir lt•-H-.�'ma�rti Y�h�t.-r,y-^w-a t