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HomeMy WebLinkAboutDeeds & Easements_F-4 CIARG 2 MSYS 7 GlfvtS I:•-. CHICAGO TITLE COMPANY (� !►J AND WHEN RECORDED MAIL TO 3 PCOR � �� RECORDED IN � NT 9 ST F��F[EEJJJ OFFICIAL R CORDS NAME The City of Redlands 4 LI ADDRESS Municipal Utilities Department 91 N011 -5 Phi 3. 52 CITY a P• 0 Bax 3005 5 5VY STATE Redlands, CA 92373 c f3£�ttR Attn: Mr. Gary Phelps —I 5 f'�AftDlf�� Title Order No 9111710-15Escrow Not 752$2-24 DTTCOB-1,Y, CALIF. SPACE ABOVE THIS .LINE FOR RECOADER'S USE MAIL TAX:STATEMENTS TO 1 C NAME ■ yyy ea Y� 91-423163 STREET WAIL L X grATEMMS AS DI.�'ECrED ABOVE: ADDRESS OTv a STATE L Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is S--EXEMPT per Government Code 6103 1-1 _ ._ unicn�orated area Xi City of RedlaadE_. Parcel No 02-y1•-•172_-06 _ T CJ computed on full value of property conveyed or 1 7 computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MADELINE SUE EUBANKS hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE CITY OF REDLANDS, a Municipal Corporation the following described real property in the City of Redlands county of San Bernardino slate of California AS PER EXHTBTT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated __October 29, 1991 ✓�'j� �� � STATE OF CALIFORNIA 11 MADELINE SUE EUBANKS COUNTY OF 5S On this .ZA -_x*--day of_ _-tr_ _ m the year �-___,before me the undersigned a NotaryPublic in and for said County and State personally appeared __'^�'1C1���-1_L+a�- `��e. �.•t Iran Inks --- personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name .+�++.. 1subscribed to the within instrument and OFFICIAL SEAL. acknowledged that _. st '- - executed the r' SANDRA S PRICE same r NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN VENTURA COUNTY Signature ___ (•v�4t/ fly Commission Expnes lune 26. 1932 Name(Typed or Printed) Notary Public in and for said County and State (THIS area for official notuwl scall MAIL TAX STATEMENT AS DIRECTED ABOVE 1 103 REv 003 PRINTCO EXHIBIT A 91--423163 ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, WHICH IS NORTH 417.5 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE AT RIGHT ANGLES, EAST 116 FEET; THENCE SOUTH 86° 14' EAST 164.28 FEET; THENCE SOUTH 770 54' 30" EAST 353 23 FEET; THENCE SOUTH 590 30' EAST 40 27 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, THENCE ALONG SAID LINE, NORTH 396 FEET, MORE OR LESS, TO A POINT WHICH IS 708.8 FEET NORTH FROM THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE PARALLEL WITH SAID SOUTH LINE, WEST 660 FEET, MORE OR LESS, TO AFORESAID WEST LINE OF THE WEST ONE-HALF OF THE SOUTH ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE SOUTH 291.3 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF PROPERTY HEREIN DESCRIBED, CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 6, 1948 IN BOOK 2302 PAGE 175 OFFICIAL RECORDS. 91--423163 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the City of Redlands is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the City of Redlands; and the grantee consents to the recordation thereof by its duly authorized officer. Property Address: Assessor' s Parcel #: 291-167--006 Escrow # 75282-24 Date: October - 191 Eames Whea on City Manager City of Redlands 1 DPP77104 t,. ' -`��•_�+, xae».z-.a E .:.�. _. rte:=. ;�_"'.'is^:.T.�.,,r-`.-._,.�_.-.__._.� _. . .,r s. .. - _ _ s TRW Real EstateY .,,: . e_ Information Services 11 = f 41 6i 1.800.527.9663 ; N!/2,See15, T.l;i,, R 3W., S.B B & M Redlands Unified °t 291 I7 1o�2te Area 4 r� Y i �k . 41 Ost51 +Af [;3a 4t r Lu Lu I L H O in SB C. C r' U r8 - 1 s7 ° 666e 4'-x{/L � 75.26 AC. 02 17 i l D7DSEE BILW.MO4 .00 ` ,.fscffm REDLArIDf fS4AL. I e - - ''• !67 ary r16 7 04 �5 �.� © 168 149 AC.WL 39 p O �?-M u.WL '.•Tt.!LLk! 4 4C-Y/L * 464 36,;.WL = " ' PAFL wD.7 167 167 167 r16-7' <�S �:J1 07 78 \28 8s A essor s Note ,rsseasors 8Ik 8 Lot Book 291 PoQe 17 snve9l.r� Numbers Shorn n Girds San Bernardno County'-',i: .Au¢- e � -,,� r --' r �ti% -- -.-• -.: •� w. ' „e �s' h.+..- '.,_.- '; - -• ;..1oi :'_..:. r .rsta�xf75 `:_�..+�..y i�::ru a'tt1' sra�:�'crJ: = i.. xx� fs:'G�.ti.r tEx.z; r'C...-.r +,ua.=:':u-.Y::.l,.......�:�r Gr n. �.nr 41 RECORDING REQUE�TED(B�(� CHICAGO TITLE COMPANY AND WHEN RECORDED MAIL THIS DEED AND RECOP-MED 1,N UNLESS STATEMENTSERWISE SHOWN BELOW MAIL TAX 1 FEE 6 01 I f I r f TO CHRGt ^�� 2 MSYS 7 G{MS �� NO —� �ii� �: �� THE CITY OF REDLANDS Municipal Utilities Department 3 POOR 11 NO FE'' VI�'l � !f f„LI7 taLII FJ P. O. Box 3005 G0�'��"Y, ��L��. Redlands, CA 92373 4 LNNT 9 ST FEE t �Attn. Mr. Gary Phelps —15 5VY 91z423162 ESCROW NO 75252-24 5 E TITLE ORDER NO 9111710-15 OTT SPACE ABOVE THIS LINE FOR RECORDER S USE GRANT DEED Tltc undersicned graittor(s) det.lare(s) Documentary transfer tax is SEXEMPT per Government Code 6103 A P N 0291-172-06 ( ) c.amputed on hill value of property conveyed, or ( ) e.omputed on full value less value of liens and encumbrances remaining at time of sale ( ) Unincorporated area ( X ) City of REDLANDS , and By 011S instrument dated THIRD DAY OF OCTOBER, 1991 for a valuable consideration GERALD R. EUBANKS, A MARRIED MAN hereby GRANTS to THE CITY OF REDLANDS, A MUNICIPAL CORPORATION the fallowing described real property in the CITY OF REDLANDS County of SAN BERNARDINO , State of-CALIFORNIA AS PER LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". STATE OF RVM NEVADA COUNTY OF DoujZlas On October 4, 1991 before me 55 GERALD R EUBANKS the undersigned, a Notary Public in and for said County and State, personally appeared Gerald R. Eubanks proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/aw subscribed to the within instrument, and acknowledged to me that executed the saim ERRI GFIRiSTENSEN wITNEs� hand and official 1 t NOTARY PUBLIC - NEVADA r QMy DOUGLAS COUNTY Appl. Expires May 29. 1905 MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE, if' NO PARTY IS SHOWN, MAIL AS DIRECTED ABOVE APD730 Name Street Address City & State EXHIBIT A 91 .423162 ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS- ALL THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, WHICH IS NORTH 417.5 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE AT RIGHT ANGLES, EAST 116 FEET; THENCE SOUTH 860 14' EAST 164 28 FEET, THENCE SOUTH 770 54' 30" EAST 353 23 FEET; THENCE SOUTH 590 30' EAST 40.27 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE ALONG SAID LINE, NORTH 396 FEET, MORE OR LESS, TO A POINT WHICH IS 708.8 FEET NORTH FROM THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE PARALLEL WITH SAID SOUTH LINE, WEST 660 FEET, MORE OR LESS, TO AFORESAID WEST LINE OF THE WEST ONE-HALF OF THE SOUTH ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE SOUTH 291 3 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF PROPERTY HEREIN DESCRIBED, CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 6, 1948 IN BOOK 2302 PAGE 175 OFFICIAL RECORDS. e '401.1+423162 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the City of Redlands is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the City of Redlands; and the grantee consents to the recordation thereof by its duly authorized officer. Property Address: Assessor' s Parcel #: 291-167-006 Escrow # 75282--24 Date: October ame W Cit Manager Ci of Redlands DPP77104 CHICAGO TITLE 3880 LEMON STREET, RIVERSIDE, CA 42501 • (714) 686-4180 THE CITY OF REDLANDS ESCROW NO 75252-24 Municipal Utilities Department DATE DECEMBER 5 19')1 P 0 Box 3005 Redlands, Calitornia y2373 4ttn Mi . Gary Phelps RE APN 0291-172-0b, Redlands, Purchase from Eubanks Dear Mr. Phelps. The above numbered escrow has been closest and the items indicated below are enclosed herewith Title Insurance Policy Anv recorded documents to which you may be entitled will be mailed to you from the County Recorder's Ottice Please accept my thanks for this opportunity to serve you Sinceiely, Kandv Knotts, Esciow Officer cc Best, Best & Kisegei , Attn Mi . David Phippen ea a + �J CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1990 i IN N. CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE r, INSURANCE COMPANY,a Missouri corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Sche ule A, sustained or incurred by the insured by reason of y 1 Title to the estate or interest described in Schedule A being vested other th st #� therein, 2 An defect in or lien or encumbrance on the title, IP ;. 3 Unmarketability of the title, 4 Lack of a right of access to and from the lands and in addition as to an insured lender only145 %"N7,'n S The invalidity or unenforceability of the lien of the insured mortgage upon the title, , ®" 6 The priority of any lien or encumbrance over the lien ci the=insured mortgage, said mortgage being shown in Schedule B in the order of its priority, ` 7 The invalidity or unenforceability of piny ssignment of the i s"fired mortgage,provided the assignment is shown in Schedule B,or the.„aiure aftke'. ssignment shown in Schedule B to vest title to the insured ea+ mortgage in the named insure a�signee feand clear of all liens 1 �CA The Company will also pay the costs, attorneys' feand expenses incurred in defense of the title or the lien of the insured mortgage, inwred, but onlt provided in the Conditions and Stipulations 44 _. # In Witness Wht� f CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Poli � hown in iedule A, the policy to become valid when countersigned by an authorized signatory , CHICAGO TITLE INSURANCE COMPANY Issued by- By R' CHICAGO TITLE COMPANY •,� 625 Carnegie Drive-Suite 100 San Bernardino, CA 92408 `� �/' '• (714) 884 0448 President By }5N f Secretary 1 SCHEDULE A Policy No 9111710 - 15 Premium $400.00 Amount of Insurance: $50,000.00 Date of Policy November 5, 1991 at 3.52 PM 1. Name of Insured. THE CITY OF REDLANDS, A MUNICIPAL CORPORATION 2 The estate or interest m the land which is covered by this policy is: A FEE 3. Title to the estate or interest m the laud is vested in: THE CITY OF REDLANDS, A .MUNICIPAL CORPORATION 4 The land referred to in this policy is situated in the State of California,County of SAN BERNARDINO and is described as follows: SEE ATTACHED DESCRIP'T'ION MTAMIA-11 Pmlm This Policy valid only if Schedule B is attached 1 Policy No 9111710 --15 Page 1 { DESCRIMON ALL THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST ONE-HALF OF THE SOUTHWEST S ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, WHICH IS NORTH 417.5 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE AT RIGHT ANGLES, EAST 11.6 FEET; THENCE SOUTH 860 14' EAST 164 28 FEET; THENCE SOUTH 770 54' 30" EAST 353.23 FEET, THENCE SOUTH 590 30' EAST 40.27 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, THENCE ALONG SAID LINE, NORTH 396 FEET, MORE OR LESS, TO A POINT WHICH IS 708 8 FEET NORTH FROM THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE PARALLEL WITH SAID SOUTH LINE, WEST 660 FEET, MORE OR LESS, TO AFORESAID WEST LINE OF THE WEST ONE-HALF OF THE SOUTH ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15; THENCE SOUTH 291.3 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF PROPERTY HEREIN DESCRIBED, CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 6, 1948 IN BOOK 2302 PAGE 175 OFFICIAL RECORDS. 4 � 9 Pohcy No 9111710 _ 15 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against Ioss or damage(and the Company will not pay costs,attorneys'fees or expenses) which arise by reason of PARTI 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 Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records 2 Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3 Easements,hens 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,whether or not the matters excepted under(a),(b),or(c) are shown by the public records PART H 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1991--92 FIRST INSTALLMENT. $144.46 SECOND INSTALLMENT: $144.43 CODE AREA, 005038 ASSESSMENT NO. , 0291-172-06 EXEMPTION. NONE 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA 3. RESERVATIONS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA, RECORDED IN BOOK "P" PAGE 283 OF PATENTS, AS FOLLOWS. "SUBJECT TO ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACTURING OR OTHER PURPOSES, AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER RIGHTS AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY LOCAL CUSTOMS, LAWS AND DECISIONS OF COURTS, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY AUTHORITY OF THE UNITED STATES." 4. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: OCTOBER 6, 1948, IN BOOK 2302 PAGE 175 OFFICIAL CLTAOM- 11/29/88 r Policy No. 9111710 -15 Page 2 SCHEDULE B (CONT. Part II RECORDS AFFECTS. WESTERLY LINE OF SAID LAND SAID DEED FURTHER CONTAINS A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA OF ANY CLAIMS FOR DAMAGES TO SAID LAND BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF A HIGHWAY OR FREEWAY CONTIGUOUS THERETO. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL WHERETO AS SET FORTH IN A DOCUMENT GRANTED TO. SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: POLE LINES RECORDED: FEBRUARY 25, 1957 IN BOOK 4164 PAGE 146 OFFICIAL RECORDS AFFECTS: SAID PROPERTY IS DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FEET IN WIDTH LYING WITHIN THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO GOVERNMENT SURVEY, AS CONVEYED TO THE GRANTORS HEREIN BY DEED DATED MARCH 8, 1956 AND RECORDED OCTOBER 1, 1956 IN BOOK 4052, PAGE 403, OFFICIAL RECORDS WITH THE CENTER OF THE 10 FOOT STRIP OF LAND BEING DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE EAST LINE OF THE PROPERTY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 6, 1948 IN BOOK 2302, PAGE 175, OFFICIAL RECORDS, DISTANT 640 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15; THENCE NORTHERLY TO A POINT THAT IS 15 FEET EAST OF THE EAST LINE OF THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, MENTIONED HEREINABOVE, AND 680 FEET NORTH OF AND MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15 END OF SCHEDULE B GT/TM AUTHORIZED SIGNATORY CUA88C- 12/16/88 Policy No. 9111710 -15 Page 3 i SCHEDULE B (CONT.) Part 11 CLTA88C-12/16/88 RIDER TO CHICAGO TITLE INSURANCE COMPANY POLICY NO. C?I&WO ND ENDORSEMENT ISSUED IN CONNECTION WITH THE POLICY AND RELATING TO COVENANTS, CONDITIONS OR RESTRICTIONS PF=IDES COVERAGE FOR ENVIRONMENTAL PROTECTION. tis. c �p�F rr�..;Y"'-� ��F-•-..- ��:` ..v: _. .. T _. .......... i .. ..• rte..._. .Ih - TRW Real Estate-y; 1111 .Mlli Itllllf II1�,11II,Ilyl,y alll 11�ill 1111111 111 1!, 111!111 111 111 II11111 .�.�L k"'�+-iM• :1 .'pan '{�.•i:-6 information Services �= - !� 1 -866.527.9663:' c-.-•!ri= z �- :,T.�[7nr'.""�'T.. ._. ...,,...ro ,r.,_ .- - -.a 1 „••-p��.� '•.•.•ev,.:..�.--s+_.,..•.c._y.-.. �,. `i,—.�.n.e`�- ..... - - -a.;,r. � {' • __ _ '=_'f' Y'`.`�:`eT':4.R-.�iF.�.,..."s �j�.��.rlc, _ .+'�y''t..1 .. ..... - _ __ �-� - .ee.+�r`.;y 1 i� i•: �. - - N.1l2,Sec15; T.1S R M SB•@. a.M Redlands=t Uttlf�ed, * 291; �7_ F10400ate Ares a;ic_ a (1697 �r_c 06a K'WL - T51 - -' , 171 J 7 -: 4WX a ..��'.r «7-ham ry de'--'--^a• -_ _ _ - _.--.c-_- .. - _ _ elsll�i��. O^�� r.,•5� 1'� R~l Y .- - - _ •'� (-_- __ iL his SES a.Ljs?.PQ04 333 A- 167 0 0� 4 + © 168 1 y S,B Acwi 39 , kSAc' ;s YLF lIaf-3S•i10�i1 i � 1 � � ,n �/�✓ s�� FIA}LN0.3 16� 167 I67 167� 78 Assessor's Mop Note Amsnes Bk x,�w-4.l9SZv _ -:;�;_z�yt _N�-. � k`•F- c•-.r'.9 .t a.�Rs��6..;.w.�y+'a' -4 r+.�* _ F h1.*,,y r.s. iA;�+m�_r.�. 8, Lost -Book 29Y 1 �.tP._.�arg.•�e-1�.7 Son;Beardno r.C�ou,rtly;bsrs;Sa . r_ C±r t"X ' �... ,A�,,,/ ,r_.r�..2 �.i �•f�. Trs'.. ,a_'.•c ,...::�.,.''• '�.y.'' ..1•s _,�rsl�-�v-�+e'8i9EN'�t7�:t�1L-i�.r"tiAtf-Si'rxd`:�ti:�E��citj'•.rria.3�F.k�'t�3�Yi+'bt' T.-eiA�ir�e.��'..w�,:.�fSL.k"ie�.''^•�i's�l.'s�:4/ a ' s a � z PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is dated for reference only as of July 26, 1991, and is entered into by and between THE CITY OF REDLANDS, a Municipal Corporation (the "City") and GERALD R. EUBANKS ("Owner") . RECITALS A. Owner owns certain improved real property located in the City of Redlands, including the well site, which is described in Exhibit "A" attached hereto (the "Property") . C. The City desires to acquire the Property and Owner desires to sell the Property. D. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property and for settlement of all claims and causes of action, if any, arising out of or related to City's acquisition of the Property AGREEMENT The parties therefore agree as follows: 1. PURCHASE. The City agrees to buy and Owner agrees to sell the Property for the purchase price and upon the terms and conditions hereinafter set forth 2. ESCROW. Within five (5) days after the execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with the Redlands office of Redlands Escrow, Inc (the "Escrow Holder") for the purpose of consummating the purchase and sale of the Property as described herein The parties hereto shall execute and deliver to Escrow Holder, within five (5) days of receipt, such additional escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such additional escrow instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such additional escrow instructions and this Agreement, this Agreement shall control unless the parties expressly agree in -1- DPPb01Z1 ' 4 writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2 1 Purchase Price The total purchase price for the Property shall be the lump sum of Fifty Thousand Dollars ($50, 000) , plus closing costs as hereinafter provided. In addition, the City will agree to connect certain other properties owned by Owner and identified generally as 21.25 North Orange, Redlands, to the City's domestic water system without payment of the following A. The Water Source Acquisition Charge B. The Water Capital Improvement Charge C. The Watermain Frontage Charge D. The Water Meter Installation Charge E. The Service Billing Deposit F. Any Other Charge relating to the water connection noted in this paragraph. Two separate water meters shall be installed by City in accordance with this paragraph to serve owner's properties generally identified above. Said meters shall separately meter charges for the skeet club and mobile home & gun shop respectively City shall install said water hookups and meters within twenty (20) days of Close of Escrow. The city shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow Escrow to close 2 .2 Future Water Use. A. Owner acknowledges that in the future the City may rehabilitate the well site which is the subject of this Agreement and make available to Owner non--potable water. Owner has at the present time a water distribution system which is capable of being adapted to deliver the non-potable water for irrigation purposes on the Property. If such non-potable water is made available to Owner in the future, Owner shall, at his sole cost and expense, construct all .improvements to his present system necessary to provide for delivery of the non--potable water B. In the event Owner establishes any new or intensified use of the Property, Owner shall be responsible for payment of all applicable water charges associated with the establishment of such new and/or intensified uses only. -2- DPP60121 2. 3 Close of Escrow. Escrow shall close on or before the execution of this Agreement (the 116. n Date n Escrow" ,�aYs following • If the Escrow is not/ � I u g ' or Close of ' 1h 11 —�—tthe Nothing in this sect ton shall a construed or -o°i��e or affect •the rights or obligat2,on of the performance. mPair parties to specific 2 . 4 Condition of Title to Prooerty. Owner shall cause the conveyance of good and marketable fee title to the Propertv to the Cit Standard Form Policy or Binder of Titley as Insuranceenced b issued by Chicago Title Com an �� Y an ALTA Company (the Title Company")Title POliCyrr) equal to the purchase price. The Title policy in an amount exceptions with respect to the Property only shall show as writing by the City. the the foregoingaters approved in to title representing monetary , any exceptions disapproved by the Cit liens or encumbrances are hereby Close of Escrow to cause theremoval is and/Der by authorized orized at the monetary exceptions to title from funds otherwise satisfaction of such at Close of Escrow, unless objections to payable to Owner exceptions or liens have been made bspecific monetary the City within ten (10) days of receipt oOwner co and communicated to Title Report from the Title Company, P PY of a Preliminary 2 . 5 Prorations. All real property taxes shall be p of Escrow. Insurance otherwpolicies shall not be transferredh uniess Close ise agreed between the parties prior to Close of Escrow. 2. 6 Escrow and Closing Costs. The City shall be responsible for the cost of the ALTA Title Policy or binder in favor of the City on the Property.Escrow fees for the consummation of the purchase and sale shall paid b P Y• The y the City. The City also shall be responsible for fall recording costs and other costs and expenses incurred in connect ' with effecting the transfer of the Property The Parties hereto acknowledge that as a ion exempt from documentary transfer taxes. as herein provided. Public entity, the City is 2 . 7 Deposit of Funds and Documents. A. At least two (2) days prior to Close of Escrow, the City shall deposit into Escrow (i) all closing costs and costs of 0PP60121 —3— Escrow as described above; (ii) the purchase price to be paid to Owner through Escrow; (iii) such other documentation as is necessary to close Escrow in conformance herewith. B. At least two (2) days prior to the Close of Escrow, Owner shall deposit into Escrow (i) the Grant Deed(s) in recordable form for transferring of the Property to the City; and (ii) such other documents F �,� .�. any, as are necessary to close Escrow in conformance herewith.0 2. 8 The Citv's Conditions Precedent to Close of Escrow. The Close of Escrow and the City's obligations hereunder are expressly subject to satisfaction of the following conditions ("City' s Conditions") on or prior to the date set forth as the Close of Escrow: (a) The City to obtain (at its own cost) a Preliminary Title Report from the Title Company setting forth therein those exceptions to appear in the Title Policy, which exceptions City will approve or disapprove in accordance with paragraph 2 . 3 above. (b) All representations and warranties of the Owner set forth in this Agreement shall be true and correct as of the date of the Close of Escrow. (c) Within five (5) days after opening of Escrow, Owner shall deliver to City for its approval legible copies of all service and other contracts, if any, pertaining to the Property. (d) The Owner shall timely perform all obligations required by the terms of this Agreement to be performed by Owner. 2 . 9 Owner's Conditions Precedent to Close of Escrow. For the benefit of Owner, the Close of Escrow shall be conditioned upon the timely performance by the City of all obligations required by terms of this Agreement to be performed by the City. 3 . REPRESENTATIONS AND WARRANTIES OF OWNER. Owner makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) Owner holds title to an indefeasible estate in fee simple in the Property. Owner is the sole owner of the Property and has good, absolute and marketable title to the Property and has full power and authority to own and sell and convey the Property to --4- DPP60121 City and to enter into and perform his obligations pursuant to this Agreement. (b) The execution and delivery of this Agreement by Owner, Owner's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Owner is at present a party, or by which Owner is bound, (c) There are no tenants or occupants of the Property; (d) To Owner' s knowledge, no litigation and no govern- mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened with respect to the Property or Owner's ownership thereof as of the Close of Escrow; (e) Owner will enter into no agreements, including rental agreements, or undertake any new obligations, other than those permitted by this Agreement, prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property without the prior written consent of the City; and (f) Violation of Law; Hazardous Materials According to owner's actual knowledge, the Property and any contiguous real property owned by Seller is not in violation if any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, underlying the Property which could affect the Property or its use or development, and neither Owner nor any other person or predecessor in interest has used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property any flammable materials, explosives, radioactive materials, hazardous or contaminated materials or substances, toxic or noxious materials, substances or related materials or substances ("Hazardous Materials") . For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as "hazardous substances" , "hazardous materials" , "toxic substances" , "hazardous wastes", "extremely hazardous wastes" or "restricted hazardous wastes" , or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et sea. ; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et sea. ; the Resource Conservation and Recovery Act, 42 U S.C. Section 6901 et sea. ; the Federal Water Pollution Control Act, 33 U. S.C. Section 1317 et secs; Sections 25115, 25117, 25122 .7, 25140, 25249 . 5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the -5_ DPP60121 regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time. (g) The representations and warranties of Owner set forth in this Agreement shall be true on and as of Close of Escrow. 4 . ACKNOWLEDGEMENT OF FULL BENEFITS. By execution of this Agreement, Owner, on behalf of himself, his family and his successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by the City, and Owner hereby expressly and unconditionally waives any claim for loss of goodwill, severance damages, inverse condemnation or unreasonable precondemnation conduct, litigation expenses, including attorney's fees, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this .is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property, including, but not limited to, any and all claims Owner may have against the City 5. TIME OF ESSENCE Time is of the essence with respect to each and every provision hereof. Unless the context otherwise requires, all periods terminating on a given day, period of days, or date shall terminate at 5; 00 p.m. on such date or dates and references to "days" shall refer to calendar days; provided, however, in the event that any period terminates on a Saturday, Sunday or legal holiday, under the laws of the State of California, the termination of such period shall be on the next succeeding business day. The time in which any act provided under this Agreement is to be done shall be computed by excluding the first day and including the last, unless the last is a Saturday, Sunday or legal holiday, under the laws of the State of California, and then it is also so excluded. 6. REMEDIES If any party defaults under this Agreement, then the non- defaulting party may, at its option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that it may have at law or in equity. DPP60121 7. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows. Owner: Gerald R Eubanks Route 1, Box 1.235 Homedale, Idaho 83628 City: The City of Redlands Municipal Utilities Department P. O. Box 0005 Redlands, CA 92373 Attention: Gary Phelps With Copy To• Best, Best & Krieger 400 Mission Square 3750 University Avenue Riverside, CA 92502 Attn• Daniel J. McHugh Any party hereto may, from time to time, by written notice to the other parties, designate a different address which shall be substituted for the one specified above. If any notice or other document shall be sent by registered or certified mail as aforesaid, the same shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice in the United States mail in the manner set forth above. B. Assianment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other. C. Governina Law All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California D. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefits of, and shall be banding upon, the assigns, successors an interest, personal representatives, estates, heirs and Legatees of each of the parties hereto. -7- DPP60121 E. Attornevs' Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys fees, and costs. F. Broker Commissions. Each party represents and warrants to the other that no broker, real estate agent or finder has been engaged in connection with this transfer of the Property. G. Confidentialitv. Owner will keep confidential the terms of this Agreement and refrain from disclosing or causing same to be disclosed to any person or entity not specifically released herein In no event, however, shall Owner be required to refrain from disclosing the terms of this Agreement where: (i) legally required to do so, whether by statute, court order, process or otherwise, or (ii) disclosure is required or necessary to enforce any right, duty, obligation or release arising under the terms of this Agreement; or (iii) disclosure is required or necessary in order for Owner or any of their agents or employees to maintain or compile their personal or business books or records; or (iv) disclosure is necessary or required in order for the Owner or any of their agents or employees to prepare and file income tax returns or any other forms required by any governmental, administrative or regulatory entities, boards or authorities. H. No Meraer All warranties, representations, covenants and other obligations contained in this Agreement shall survive recordation and delivery of the Grant Deed. I. Entire Aareement This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. J. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. K. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. .�g. DPP60121 r EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. Dated: August 26 1991 CITY. THE CITY OF REDLANDS, a Municipal Corporation Mayor City of -Re dlands ATTEST: zy Dated: August 26 , 1991 OWNER: GERALD R. EUBANKS -9- DPP50121(7/22/91) t � EXHIBIT "A" LEGAL DESCRIPTION [APN 291-167-06 Approximately 3.49 acres, more or less. ] -10- DPP60121(7/22/91)