HomeMy WebLinkAboutContracts & Agreements_200-2006_CCv0001.pdf AGREEMENT
FOR CONVEYANCE OF PROPERTY
THIS AGREEMENT is entered into by and between Eid Moursi and Iman Moursi, Husband
and Wife, as joint tenants ("Grantor") and the City of Redlands, a municipal corporation
("Grantee"). Grantor and Grantee are each sometimes individually referred to herein as a "Party"
and collectively as the "Parties."
RECITALS
A. Grantors own certain real property located at 1405 West Colton Avenue, Redlands,
California, bearing Assessor Parcel No. 0169-391-01 (the "Property").
B. Grantee desires to purchase a permanent easement in a portion of the Property and
Grantors desire to sell and convey an easement in a portion of the Property as described in
Exhibit"A" and depicted in Exhibit "B", both of which are attached hereto (the "Parcel").
C. The Parties desire by this Agreement to provide the terms and conditions for the
purchase and sale of the Parcel.
AGREEMENT
The Parties therefore agree as follows:
1 PURCHASE:
Grantee agrees to buy and Grantors agree to sell and convey the Parcel for the
purchase price and upon the terms and conditions hereinafter set forth. The Purchase Price,
defined below, is acknowledged by both Parties to be the fair market value for the Parcel.
2. ESCROW.
Upon execution of this Agreement by all Parties, Grantee shall open an escrow(the
"Escrow") with First American Title Company (the "Escrow Holder") for the purpose of
consummating the purchase and sale of the Parcel. The Parties hereto shall execute and deliver
to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to
consummate this transaction. Any such instructions shall not conflict with, amend, or supersede
any provision of this Agreement. If there is any inconsistency between such instructions and this
Agreement, this Agreement shall control unless the Parties agree in writing otherwise. The Escrow
Instructions shall include the following terms and conditions of sale:
2.1 Purchase Price.
The total purchase price for the Parcel shall be the lump sum of Five Hundred
Dollars ($500.00), which shall be paid by Grantee to Grantors through Escrow Holder in cash at
Close of Escrow.
2.2 Close of Escrow.
Escrow shall close on or before ninety (90) days following the execution of this
Agreement (the "Close of Escrow"). If the Escrow is not in a condition to close by the Close of
Escrow, any Party who is not then in default may, in writing, demand the return of its money and/or
documents. Thereupon, subject to the provisions in paragraph 3, all obligations and liabilities of
the Parties under this Agreement shall cease and terminate. If no such demand is made, the City
Manager of Grantee may, by written instrument to Escrow, authorize an extension of the Escrow.
Escrow shall be closed as soon as possible.
2.3 Condition of Title to the Parcel.
Grantors shall convey title to the Parcel to Grantee as evidenced by a CLTA
Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a title insurance
company to be selected by Grantee in an amount equal to the Purchase Price. The Title Policy
shall show as exceptions with respect to the Parcel only matters approved in writing by Grantee.
Any exceptions to title representing monetary liens or encumbrances are hereby disapproved by
Grantee, and Escrow Holder is hereby authorized and instructed to cause the reconveyance,
partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to
Grantee's title to the Parcel at or prior to the Close of Escrow.
2.4 Escrow and Closing Costs.
Grantee shall pay the cost of the Title Policy, all Escrow fees (including
reconveyance fees, trustee's fees or forwarding fees for any partial reconveyance or subordination
of a deed of trust or mortgage), and all recording costs incurred herein. All Parties acknowledge
that Grantee is exempt from payment of documentary transfer taxes.
2.5 Investigations.
Prior to the Close of Escrow, Grantee may, at its option, conduct, at Grantee's
expense, any and all investigations, inspections, surveys, and tests of the Property including,
without limitation, soils, groundwater, wells, percolation, geology, environmental, drainage,
engineering and utilities investigations, inspections, surveys, and tests, which determines, in its
sole discretion, are required to determine the suitability of the Parcel for Grantee's intended use
thereof. If Grantee determines that the Parcel is not suitable for its intended use, Grantee may
disapprove this item and terminate this Agreement as provided at Section 2.2 above. Grantor
hereby grants to Grantee, and Grantee's employees, representatives, agents and independent
contractors, a license to enter the Property for purposes of conducting such investigations,
inspections, surveys, and tests. Grantee shall repair any damage to the Property resulting from
such investigations, inspections, surveys, and tests conducted by Grantee or Grantee's
employees, representatives, agents or independent contractors. Grantee's approval of any of
such investigations, inspections, surveys, or tests shall not alter or diminish Grantor's
representations or warranties under this Agreement, and Grantor acknowledges and agrees that
Grantee is relying upon Grantor's representations and warranties made herein, unless such
representation or warranty is specifically waived in whole or in part by Grantor.
2
2.6 Deposit of Funds and Documents.
A. Prior to Close of Escrow, Grantee shall deposit into Escrow(i)all Escrow and
Closing Costs as described above; (ii)the Purchase Price to be paid to Grantors through Escrow;
and (iii) such other documentation as is necessary to close Escrow in conformance herewith.
B. Prior to the Close of Escrow, Grantors shall deposit into Escrow (i) the
properly executed Grant of Easement Deed conveying the permanent easement, a copy of which
is attached to this Agreement as Exhibit"A" (ii) and such other documents and sums, if any, as
are necessary to close Escrow in conformance herewith.
2.7 Grantee's Conditions Precedent to Close of Escrow,
The Close of Escrow is subject to the following conditions:
(a) All representations and warranties of Grantors set forth in this Agreement
shall be true and correct as of the Close of Escrow; and
(b) Grantors shall timely perform all obligations required by the terms of this
Agreement to be performed by them.
2.8 Grantors' Conditions Precedent to Close of Escrow.
For the benefit of Grantors, the Close of Escrow shall be conditioned upon the timely
performance by Grantee of all obligations required of Grantee by the terms of this Agreement.
3. POSSESSION OF PARCEL.
Grantors hereby agree that Grantee may take possession of the Parcel and begin
construction of the works of improvement thereon as of the date of execution of this Agreement,
prior to the Close of Escrow; if escrow should not close for any reason, or under the conditions
specified in paragraph 2.2, or in paragraph 7, or in any other paragraph hereunder, Grantee shall
have the right to continue in possession and construct the works of improvement, and the
purchase price and terms shall be determined by agreement of the Parties, or absent an
agreement, by a form of arbitration agreed to by the Parties, or if they cannot so agree, then
Grantee may in its sole discretion, initiate an action in eminent domain in which the issue will be to
determine the amount of compensation to be paid.
4. REPRESENTATIONS AND WARRANTIES OF GRANTORS.
Grantors make the following representations and warranties, each of which shall
survive the Close of Escrow:
(a) Grantor holds title to an indefeasible estate in fee simple in the Property.
Grantor 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 Parcel over, under and/or
through the Property to Grantee and to enter into and perform his/her/its obligations pursuant to
this Agreement;
3
(b) The execution and delivery of this Agreement by Grantors, Grantors'
performance hereunder, and the consummation of this transaction will not constitute a violation of
any order or decree or result in the breach of any contract or agreement to which Grantors are at
present Parties, or by which Grantors are bound;
(c) Grantors will not enter into any agreements or undertake any new obligations
prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property
without the prior written consent of Grantee;
(d) To Grantors' knowledge, no litigation and no governmental, administrative or
regulatory act or proceeding regarding the environmental, health and safety aspects of the
Property is pending, proposed or threatened;
(e) According to Grantors' knowledge, the Property is not in violation of 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 Parcel or its use, and
neither Grantors nor any other person or predecessor in interest have 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.
sections 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et
seq; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq; the Federal
Water Pollution Control Act, 33 U.S.C. sections 1317, et seq-, 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 regulations adopted and publications promulgated
pursuant to said laws as they may be amended from time to time;
(f) In the event Grantee discovers Hazardous Materials, contaminated soil
and/or water in, on or under the Property, Grantors shall be solely responsible for the removal and
disposal of any and all such Hazardous Materials, contaminated soil and/or water;
(g) In the event Grantors fail to remove said Hazardous Materials, contaminated
soil and/or water, Grantee or its designee shall have the right to remove and dispose of said
Hazardous Materials, contaminated soil and/or water at Grantors' sole cost and expense.
Grantors shall immediately reimburse Grantee for costs and expenses incurred by Grantee for the
removal and disposal of any Hazardous Materials, contaminated soil and/or water upon receipt of
a bill or invoices therefor. Grantors further agree to indemnify and hold Grantee, its officers,
employees, consultants and agents, harmless from any and all liability, costs, fines, penalties,
charges and/or claims of any kind whatsoever related to the existence and removal of any
Hazardous Materials, contaminated soil and/or water; and
4
N Grantors have and shall have paid before Close of Escrow any and all
current and past due taxes, assessments, penalties and interest levied and assessed against the
Property. If not paid prior to Close of Escrow, Grantors hereby authorize Escrow Holder to
disburse to the taxing authority from funds otherwise due to Grantors an amount sufficient to
discharge said taxes, assessments, penalties and interest. Unless the Parcel is assessed
separately, Grantors also covenant and agree to keep current, year-by-year, all taxes,
assessments, penalties and interest levied and assessed against the Parcel and the larger
Property of which it is a part.
These representations and warranties shall survive the Close of Escrow.
5. REPRESENTATIONS AND WARRANTIES OF GRANTEE.
A. Grantee shall repair and restore any improvements or land (other than the
Parcel and any improvements located thereon) belonging to Grantors that may be damaged by
Grantee or Grantee's contractor during construction of the works of improvement for which the
Parcel is conveyed, or, at Grantee's option, pay to Grantors the market value of such improve-
ments, provided that this Section shall not be construed to require Grantee to pay for the use for
which the Parcel is intended.
B. Grantee shall save harmless and indemnify Grantors against any and all
claims, demands, suits, judgments, expenses, and costs on account of injury to, or death of,
persons, or loss of, or damage to, property of others, incurred during or proximately caused by
acts or omissions of Grantee or Grantee's contractor in the performance of any work by Grantee or
Grantee's contractor to construct the works of improvement for which the Parcel is conveyed.
6. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE.
A. By execution of this Agreement, Grantors, on behalf of themselves and their
respective heirs, executors, administrators, successors and assigns, hereby acknowledge that this
Agreement provides full payment for the acquisition of the Parcel by Grantee, and Grantors hereby
expressly and unconditionally waive any and all claims for damages, relocation assistance
benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or
unreasonable pre-condemnation conduct, 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 Grantee's acquisition of the Parcel,
B. This Agreement arose out of Grantee's efforts to acquire the Parcel through
its municipal authority. The Parties agree that this Agreement is a settlement of claims in order to
avoid litigation and shall not in any manner be construed as an admission of the fair market value
of the Parcel or of the Property or of liability by any Party to this Agreement. Grantors, on behalf of
themselves and their respective heirs, executors, administrators, successors and assigns, hereby
fully release Grantee, its successors, agents, representatives, and assigns, and all other persons
and associations, known or unknown, from all claims and causes of action by reason of any
damage which has been sustained, or may be sustained, as a result of Grantee's efforts to acquire
the Parcel or to construct works of improvement thereon, or any preliminary steps thereto, except
as set forth in Section 5 above. Grantors further release and agree to hold Grantee harmless from
any and all claims by reason of any leasehold interest in the Property.
This release shall survive the Close of Escrow.
5
7. REMEDIES
If Grantors default under this Agreement, then Grantee may, at Grantee's option,
terminate the Escrow or initiate an action for specific performance of this Agreement, or pursue
any other rights or remedies that Grantee may have at law or in equity. If Grantee defaults under
this Agreement, then Grantors may, at Grantors'option, terminate the Escrow or pursue any rights
or remedies that Grantors may have at law or in equity.
8. 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:
Grantors: Eid and Iman Moursi
1405 West Colton Avenue
Redlands CA 92374
Grantee: City of Redlands
PO Box 3005
Redlands, CA 92373
Attn: City Manager
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. Any notice
or other documents sent by registered or certified mail as aforesaid shall be deemed to have been
effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of
said notice or other documents in the United States mail.
B. Time of Essence. Time is of the essence with respect to each and every
provision hereof.
C. Assignment. Neither this Agreement, nor any interest herein, shall be
assignable by any Party without prior written consent of the other Party.
D. Governing Law. All questions with respect to this Agreement, and the rights
and liabilities of the Parties hereto, shall be governed by and construed in accordance with the
laws of the State of California.
E. Inurement. This Agreement shall inure to the benefit of, and shall be binding
upon, the assigns, successors in interest, personal representatives,estates, heirs and legatees of
each of the Parties hereto.
6
F Attorneys' Fees. If any action, arbitration or other proceeding is brought for
the interpretation or enforcement of this Agreement, or because of any alleged dispute, breach,
default or misrepresentation in connection with the Agreement, the successful or prevailing Party
shall be entitled to recover actual attorneys' fees and other costs it incurs in that action or
proceeding, in addition to any other relief to which it may be entitled, including fees for any in-
house counsel of the Parties.
G. Entire Agreement. 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.
H. Additional Documents. The Parties hereto agree to execute any and all
additional documents and instruments necessary to carry out the terms of this Agreement.
I. No Admissions. This Agreement is a compromise and settlement of
outstanding claims between the Parties relating to Grantee's acquisition of the Parcel and shall
never be treated as an admission by either Party to the Agreement for any purpose in anyjudicial,
arbitration or administrative proceeding between the Parties. This paragraph shall not apply to any
claim that one may have against the other for breach of any provision or covenant of this
Agreement.
J. No Merger. All representations, warranties, acknowledgments, releases,
covenants and obligations contained in this Agreement shall survive delivery and recordation of the
permanent easement.
K. Ratification. This Agreement is subject to approval and ratification by the
City Council of the City of Redlands.
L. Broker. Grantor and Grantee each represent and warrant to the other that no
broker, agent or finder has been engaged by it in connection with the transaction contemplated by
this Agreement and that all negotiations relative to these instructions and this transaction have
been carried out by such Party directly with the other Party without the intervention of any person in
such a manner as to give rise to any valid claim against either of the Parties for a broker's
commission, finder's fee or other like payment. Each of the Parties shall indemnify and defend the
other Party and hold it harmless from any and all loss, damage, liability or expense, including costs
and reasonable attorneys' fees, which the other Party may incur or sustain by reason of or in
connection with any misrepresentation or breach of warranty by the indemnifying Party with
respect to the foregoing.
7
M. 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.
EXECUTED on the date or dates set forth below. This Agreement shall be effective
as of the date signed by all parties.
DATED:
Grantors:
Eid Moursi and Iman Moursi, Husband and Wife,
As Joint Tenants
m Eid Moursi
By:
Iman Moursi
DATED: September 5, 2006 Grantee:
CITY OF REDLANDS
V
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Jon Harrison, Mayor
Attest:' f.
City r erk Lor (' zer
8
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State of_ ��� - or,, t r
County of�j 3e nCtjInQ
On I Dom' _--before me,IJOAj
Nance end nue of�`i«r +.5. Jams fie,Woty wutdic)�
Personally appeared CA fy10 oc x. I b4etn pno 0
Narre(a)of svner(r)
R— proved to me on the basis of satisfactory evidence to be the persor('S
whose name& ar subscribed to the within instrument
and acknowledto me that iisfzh he executed the
same in�+ic/hrw ei authorized capact ie ,and that by
hei ign re&$n the instrument the person;),
or the enIty upon behalf of which the person s�acted,
executed the instrument.
r LINDSEY HOPKINS
COMM. official mM.#1582002 WITNESS my hand and ocial seal.
t� �rc +a
OPTIONAL
Though the information below is not required by law,ft may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fort to another document.
Description of Attached Document
Title or Type of Document: ic
re 04
Document Date:
Number of Pages,
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: Signer's Name:
t
❑ Individual
❑ Individual
❑ Corporate Officer
Title(s): ❑ Corporate Officer
Title(s): 55
❑ Partner Lj Limited <.
❑ General ❑ Partner Limited
'- ❑ Attomey-in-Fact ❑ General t
❑ Trustee ❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other:
T ❑
om,"ftnlb Other:
Top or thumn tie ;
d
Signer is Representing: Signer is Representing:
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EXHIBIT A
LEGAL DESCRIPTION
EASEMENT ACQUISITION, PARCEL X
REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE EAST ONE HALF OF THE NORTHEAST ONE
QUARTER OF BLOCK. 19, OF THE MAP OF BARTON RANCH, LYING
NORTHEASTERLY OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6
OF MAPS, PAGE 219, RECORDS OF SAID COUNTY.
TOGETHER WITH THE WESTERLY ONE HALF OF KANSAS STREET, 80 FEET
IN WIDTH, AS VACATED BY THE CITY COUNCIL OF REDLANDS,
RESOLUTION NO. 2300, RECORDED JULY 31, 1963, IN BOOK 5959, PAGE 405,
OFFICIAL RECORDS.
EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF THE
NORTHERLY 44 FEET AS CONVEYED TO THE CITY OF REDLANDS IN A
DECLARATION OF DEDICATION RECORDED JUNE 26, 1998, INSTRUMENT
NO. 98-246973, OFFICIAL RECORDS.
SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE HEREINBEFORE
DESCRIBED LAND; THENCE NORTH 89'34'18" EAST ALONG THE
NORTHERLY LINE OF SAID LAND, A DISTANCE OF 20.46 FEET, TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 159.00 FEET; THENCE LEAVING SAID NORTHERLY
LINE AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FROM AN
INITIAL RADIAL BEARING OF NORTH 11034'35" WEST, THROUGH A
CENTRAL ANGLE OF 04026'48" AND A DISTANCE OF 12.34 FEET, TO THE
NORTHEASTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE
NORTH 71047'27" WEST ALONG SAID NORTHEASTERLY LINE, A DISTANCE
OF 8.93 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 28 SQUARE FEET, MORE OR LESS.
HILLWIG-GOODROW, LLC ;pL LA�r�
PREPAREDt UNDER THE SUPERVISION OF: , G. H/�
ALAN C. HILLWIG, PLS 5137
..
DATE: No. a 7
EXP. 6- Q-07
_ _ - - EXHIBIT B -
COLTON
AVENUE
- '3
N1 134
d=0426'48"
R=159.00'
=6117'
POINT OF
-,_L=12.J4' ,APAI
139 1-0169�
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"/ 11/%, 169�39
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AAS A10. 169�,391_0.;,
ACQUISITION X
LANp APN NO. 169-391-01
PREPARED FOR PARSONS BRINCKERHOFF PAR:
THIS PLAT IS SOLELY AN AID IN LOCATING P.N.#317-01
THE PARCEL(S) DESCRIBED IN THE
No. 5137 No. DOCUMENT. IT IS NOT A PART PREPARED BY: H-G, LLC
EXP. 6-30-07 OF THE WRI17,EY-DESCRIPTION THEREIN,- SCALE: 1"=30'
_7
OF, c it PREPARED BY:, DATE: SEPTEMBER 2005
DATE: vc-)L SHEET 1 OF 1
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First American
2 First American Way,
Santa Ana CA 92707
Tel:7142503000 Fax:
San Bernardino
11111111111
* 2857801 *
Transmittal
Order No: 2561319
Dated: 9/13/2007
Attention: City Clerk's Office
City of Redlands a Municipal Corporation
PO Box 3005
Redlands , CA 92373
Enclosed please find 2 attached documents.
Orange Title
Page Count 8
a
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Order Number: OSA-2561319
Form No, 1402.70 Page Number: 1
Owner's policy(Amended 10-17-70)
Poly is of Title Insurance
ti
ISSUED BY
First American Title Insurance Company
herein called the
SUBJECT TO THE EXCLUSIONS FROM
COVERAGE,THE
ERICANTITTLE IINSURANNCE COMPANY,SCHEDULE
a CaliforniaTcorporation ONS OF THE
CONDITIONS AND STIPULATIONS HEREOF, mage,not exceeding the amount of insurance stated in
Company,insures,as of Date of n in Schedule A,against loss or dafees and expenses which the Company may become obligated to Pay hereunder,sustained or incurred by
Schedule A,and costs,attorneys'
the insured by reason of:
1. tide to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. any defect in or lien or encumbrance on such title;
3, jack of a right of access to and from the land;or
4, unmarketability of such title its duly authorized
IN WITNESS WHEREOF,First American Title Insurance Company has caused this policy to be signed and sealed by
officers as of Date of Policy shown in Schedule A.
Fi^rT (11jelil111) Title 11illtI'll tore( C]�JJ IYIIti'
rir
First American Title
Carder Number: OSA-2561319
Form No. 1402.70 Page Number: Z
OANner`s Policy(Amended 10-17-70)
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SCHEDULE A
Premium: $360.00
Amount of Insurance: $504.00
Policy Number:C3SA-2561319
Date of Policy: May 08, 2007 at 8:00 A.M.
1. Name of insured:
City of Redlands, a Municipal Corporation
2. The estate or interest referred to herein is at Date of Policy vested in:
City of Redlands, a Municipal Corporation
3. The estate or interest in the land described in Schedule C and which is covered by this policy is:
An easement.
"
f
First American Tittle
a
Order Number: OSA-2561319
Form No, 1402.70 Page Number: 3
Owner's Po{icy(Amended 10-17-70)
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or
payable.
2. The lien of supplemental taxes,
if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California
3. Water rights, claims or title to water, whether or not shown by the public records.
4. An easement for construction and maintenance of Deeds, Page 115.
Ppes, ditches and conduits and incidental
purposes, recorded in Boo 202 o
In Favor of: Barton Pipe Line and Water Company
Affects: As described therein
5. The terms and provisions contained in the document entitled "Agreement" recorded May 5, 1970
as Book 7437, Page 367 of Official Records.
6. A deed of trust tosecure an original
indebtedness o f $180,000.00 recorded August 2,
2004 as Instrument No. 04-552600
s.
Dated: July 23, 2004
Trustor: Eid Moursi and Iman Moursi, husband and wife as joints tenants
Trustee: 1st Centennial Bank
Beneficiary: 1st Centennial Bank
The terms and provisions
s�Instrument No. 04552601 oentitled
Offi cal Records.ssignment of Rents"
recorded August 2, 2004 a
A document recorded May 08, 2007 as Instrument No. 2007-0279409 of Official Records
provides that the abovedo. 20ent was subordinated 8 oto al hedsocument recorded August
14, 2006 as Instrument
7. An easement for irrevocable oad ofeasement ad incidental purposes, recorded August 14,
2006 as Instrument No. 06-553898
s.
In Favor of: City of Redlands, a Municipal Corporation
Affects: As described therein
8. Rights of parties in possession.
a,
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly diexcept to
sclaims any {lability for ordamageisss or age which may re
express Y provided
suit
the terms and proance on visions ons of the title
the extent coverage for such loss g
insurance policy, if any, to which this map is attached.
First American Title
� order Number: OSA-2561319
Form No. 140270 Page Number: 4 |
owner's Policy(Amended u0-o-7o �
�
SCHEDULEC
The land referred tDiDthis policy isdescribed a5follows:
Real property in the city ofRedlands, County ofSan Bernardino, State of California, described as
follows:
THAJ'PORTION OF THE GAST,=^L1/I OF THE NORTHEAST 1/4 OF BLOCK 19, OF THE MAP OF
BARTON RANCH, LYINGNO.^— EASTERLYOFTHERIGHTOFVV/0'OFTHEATCHISON, TOPEKA
AND SANTA FE ` VVA� ^E CITY OF REDLANUS, COUNTY{}F SAN BERNARDINQ, 5T/TE
OF CALIFORNIA, PER
I ` '^EC0RDEDINBOOK6OFMAPS, PAGEZ19, RECDRDSOF5AID
COUNTY.
TOGETHER WITH THE WESTERLY 1/2 OF KANSAS STREET, 80 FEET IN WIDTH, AS VACATED BY
THE CITY COUNCIL[}F REDLANDS, RESOLUTION NO. 2300, RECORDED JULY 31, 1963, IN
BOOK 5959, PAGE 4U5, OFFICIAL RECORDS.
EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF THE NORTHERLY 44 FEET AS
CONVEYED TDTHE CITY{}FREDLANDSINADECLARATION OF DEDICATION RECORDED JUNE
26, 1998, INSTRUMENT NO. 98-246973, OFFICIAL RECORDS.
SAID LAND BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS:
BEGINNING ATTHE NORTHWEST CORNER[}FTHE HEREINBEFORE DESCRIBED LAND; THENCE
NORTH 89u34'18" EAST ALONG THE NORTHERLY LINE {}F SAID LAND, ADISTANCE [)F2O.4G
FEET,TDTHE BEGINNING OFANON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF159UO � � B
FEET; � NORTHERLY ��E� R�
THE OF SAID CURVE FROM ANINITIAL RADIAL BEARING OFNORTH 11v]4'3S~
WEST,THROUGH ACENTRAL ANGLE OFO4«26'48" AND ADISTANCE QF12.34FEET, TOTHE
RIGHT OF WAY LINE OF SAID RAILROAD;' THENCE NORTH 71m47'27" WEST
NORTHEASTERLYY
ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF8.93 FEET,TOTHE POINT OF BEGINNING
APN: O169-391-01-D-U0O
|
First American Title
Order Number: OSA-2561319
Form No. 1402.70 Page Number: 5
owner's Policy(Amended 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY:
1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting
the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the
land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,
ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date
of Policy.
3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant; (b)not known
to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired
an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant
became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy or(e)
resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a)"insured": the insured named in Schedule A,and,subject to any rights or defenses the Company may have had against the named insured,those
who succeedto the interest of such insured by operation of law as distinguished from purchase including,but not limited to,heirs,distributees,
devisees,survivors,personal representatives,next of kin,or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage hereunder.
which may be imputed to an insured by reason of any public records.
constructive knowledge or notice
(c) "knowledge": actual knowledge,not
(d) "land": the land described,specifically or by reference in Schedule C,and improvements affixed thereto which by law constitute real property;
Schedule C,nor
provided,however,the term"land"does not include any property beyond the lines of the area specifically described or referred to in
any right,title,interest,estate or easement in abutting streets,roads,avenues,alleys,lanes,ways or waterways,but nothing herein shall modify or
limit the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage,deed of trust,trust deed,or other security instrument.
(f) "public records": those records which by law impart constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE or of an insured so long as such insured retains an estate or interest in the
The coverage of this policy shall continue in force as of Date of Policy in favor
land,or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured,or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest;provided,
however,this
policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase
money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTION-NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company,at its own cost and without undue delay,shall provide for the defense of an insured in all litigation consisting of actions or
proceedings commenced against such insured,or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or
interest in said land,to the extent that such litigation is founded upon an alleged defect,lien,encumbrance,or other matter insured against by this
policy.
(b) The insured shall notify the Company promptly in writing(i)in case any action or proceeding is begun or defense is interposed as set forth in(a)
above,(ii)in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or
interest,as insured,and which might cause loss or damage for which the Company may be liable by virtue of this policy,or(iii)if title to the estate or
interest,as insured,is rejected as unmarketable. If such prompt notice shall not be given to the Company,then as to such insured all liability of the
however,that failure to notify
Company shall cease and terminate in regard to the matter or matters for which prompt notice is required;provided,
shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the
extent of such prejudice. to do any o a
(c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or other act
which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured,and the Company may take any appropriate
action under the terms of this policy,whether or not it shall be liable thereunder,and shall not thereby concede liability or waive any provision of this
policy.
(d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy,the
Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right,in its sole
discretion,to appeal from any adverse judgment or order, prosecute or provide for the defense of any action or proceeding,the insured
(e) In all cases where this policy permits or requires the Company to u in such action or proceeding,and all appeals therein,and permit
hereunder shall secure to the Company the right to so prosecute or provide defense shall give the
the Company to use,at its option,the name of such insured for such purpose. Whenever requested by the Company,such insured
company all reasonable aid in any action or proceeding,in effecting settlement,securing evidence,obtaining witnesses,or prosecuting or defending
such action or proceeding,and the Company shall reimburse such insured for any expense so incurred.
4. NOTICE OF LOSS-LIMITATION OF ACTION )of these Conditions and Stipulations,a statement in writing of any toss or damage for which it
In addition to the notices required under paragraph 3(b sh n 90 days after such loss or damage shall have been
is claimed the Company is liable under this policy shall be furnished to the Company with!
determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been Furnished. Failure to furnish
such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage.
First American Ttle
Order Number: OSA-2561319
Form No. 140230 Page Number: 6
Owner's Policy(Amended 10-17-70)
S. OPTIONS To PAY OR OTHERWISE SETTLE CLAIMS of an insured claimant any claim insured against or to terminate all
The Company shall have the option to pay or otherwise settle for or in the nameamount of insurance under this policy together with any
liability and obligations of the Company hereunder by paying or tendering payment of the
costs,attorneys'fees and expenses incurred up to the time of such payment or tender of payment,by the insured claimant and authorized by the
Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no case exceed the least of:
(i) the actual loss of the insured claimant;or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay,in addition to any loss insured against by this policy,all costs imposed upon an insured in litigation carried on by the
Company for such insured,and all costs,attorneys'fees and expenses in litigation carried on by such insured with the written authorization of the
Company.
(c) When liability has been definitely fixed in accordance with the conditions of this policy,the loss or damage shall be payable within 30 days
thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy(a)if the Company,after having received notice of an alleged defect, lien or encumbrance
insured against hereunder,by litigation or otherwise,removes such defect,lien or encumbrance or establishes the title,as insured,within a reasonable
time after receipt of such notice;(b)in the event of litigation until there has been a final determination by a court of competent jurisdiction,and
disposition of all appeals therefrom,adverse to the title as insured,as provided in paragraph 3 hereof;or(c)for liability voluntarily assumed by an
insured in settling any claim or suit without prior written consent of the Company.
8. REDUCTION OF LIABILITY
All payments under this policy,except payments made for costs,attorneys'fees and expenses,shall reduce the amount of the insurance pro tanto. No
payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed,in which case proof of
such loss or destruction shall be furnished to the satisfaction of the Company.
9. LIABILITY NON-CUMULATIVE under this policy shall be reduced by any amount the Company may pay under any policy
It is expressly understood that the amount of insurance und which is a lien on the estate or interest covered by this policy,or(b)a
insuring either(a)a mortgage shown or referred to in Schedule B hereof described or referred to in Schedule A,and the amount
mortgage hereafter executed by an insured which is a charge or hen on the estate or interest d
so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount
that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be
deemed a payment under this policy to said insured owner.
10. APPORTIONMENT e parcels which are not used as a single site,and a toss is established affecting one or more
If the land described in Schedule C consists of two or more basis as if the amount of insurance under this policy was divided pro
of said parcels but not all,the loss shall be computed and settled on a pro rata improvements made subsequent to Date of Policy,unless a
rata as to the value on Date of policy of each separate parcel to the whole,exclusive of any
liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and
shown by an express statement herein or by an endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT of subrogation shall vest in the Company unaffected by any act of the
Wheneverthe Company shall have settled a claim under this policy,all right
insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against
any person or property in respect to such claim had this policy not been issued,and if requested by the Company,such insured claimant 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 such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does to thea mounnot cover tht
e
loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment bears
of said loss. if loss should result from any act of such insured claimant,such act shall not void this policy,but the Company,in that event,shall be
required to pay only that part of any losses insured against hereunder which shall exceed the amount,if any,lost to the Company by reason of the
impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY. attached hereto by the Company is the entire policy and contract
This instrument together with all endorsements and other instruments,if any,
between the insured and the Company.
Any claim of loss or damage,whether or not based on negligence,and which arises out of the status of the title to the estate or interest covered
hereby or any action asserting such claim,shall be restricted to the provisions and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President,a
Vice-President,the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company.
13. 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 its main
office at 1 First American Way,Santa Ana,California 92707,or to the office which issued this policy.
First American Title
" First American
w
IMPORTANT - PLEASE READ
THIS LETTER CONTAINS INFORMATION ABOUT THE
PROPERTY YOU HAVE RECENTLY PURCHASED. READ
IT THOROUGHLY AND RETAIN IT WITH YOUR OTHER
VALUABLE PAPERS PERTAINING TO THE PROPERTY.
Policy No.: OSA-2561319-08
Property: 1405 West Colton Avenue, Redlands, CA
Title to the above referenced property is protected with a Policy of Title Insurance issued by First American Title
Insurance Company.This insures your ownership of the property.
We have assigned the policy number referenced above to assure prompt processing of any future title orders
involving the property. If you sell your home within the next Five (5)years, First American Title
Company will reduce the Base Policy Rate by Twenty percent(20 %).
To take advantage of these savings, instruct your real estate agent, loan agent and/or escrow holder to open the
order for title insurance with First American Title Company and reference the policy number above.
We appreciate the opportunity to serve you and will be glad to assist you in any way we can, remembering that
protection of your property is your first consideration - and ours.
Sincerely,
Larry Buster
Vice President
County Manager
First American Title Company
Z First American Way•Santa Ana,CA 42707
Buyer's Estimated Settlemetit Statetuent
Property: 1405 West Calton Avenue,Redlands,CA File No: OSA-2561319
Officer: Robert Benavente/EDR
New Loan No:
Settlement Date:
Disbursement Date: 12/2212006
Buyer: City of Redlands Print Date: 4/1812007, 10:47 AM
Address: attn: Tom Fujiwara,PO Box 3005, Redlands, CA 92373
Seller: Eid Moursi, Iman Moursi
Address: 1405 West Calton Avenue,Redlands,CA 92374
Char I escri tion BU er Char e Bu er Credit
Consideration: -.
Total Consideration _ 500.00
Adjustments:
Credit for Expenses_.._.. 100.00
_ 1�Title/Escrow Charges to:
Escrow Fee-First American Title Company 550.00
I
ALTA Owner w/Reg.Exc 10-17-92 1402.92-First American Title Company 360.00 �
Cash(X From)( To)Borrower 1,510.00
r r
Totals 1,510.00 1,510.00
Notice - This Estimated Settlement statement is subject to changes, corrections or additions
at the time of final computation of the Settlement Statement,
BUYER(S):
City of Redlands, a municipal corporation
.--,40 `
Y: Its, Authorized Signer
Jon Harrison, Mayor
At test,` C t
Lorry e Poyzer,,/Ci y Clerk
Page I of I
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\ X
FirstAmerican Title Company
2 FirstAmerican Way, Santa Ana, CA 92707
Phone - (714)250-4721 Fax- (714)913-6358
AMENDED/SUPPLEMENTAL ESCROW INSTRUCTIONS
To: First American Title Company January 25, 2007
File No: OSA-2561319 (RCB)
Re: 1405 west Colton Avenue, Redlands,CA
The above referenced escrow is hereby modified in the following particulars only:
Escrow Holder is herein authorized and instructed to debit the Buyer and credit the
Seller$100.00 for out of pocket expenses.
ALL OTHER TERMS AND CONDITIONS OF THIS ESCROW WILL REMAIN THE SAME,
Eid Moursi iman Moursi
City of Redlands, a municipal corporation
By*,fts, Authorized Signer
�" Jon Harrison, Mayor
Lorrie Poyzr ,°C ty Clerk
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