HomeMy WebLinkAboutDeeds & Easements_12-2001E�lRST A�WCAN TITLE
Recorded.in Official Records, County of
San Bernardino, Larry Walker, Recorder
RECORDING RE, QUESTED BY
AND WHEN RECORDED MAIL, TO;
CITY OF REDLANDS
Office of the City Clerk
P. O. Box 3005
Redlands, CA 92373
Doc No. 20010540625
3:00pm 11/29/01
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A.P.N.: 171-086-08 (Portion) Order No.: 422662 Escrow No.: 18178-JE
Res [Sub / Rio GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY NONE
[ j computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale,
[ J tuuncorporated area; [ ] City of _, and
FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged,
JAMES W. BARTON, a single man
hereby GRANT(S) to
CITY OF REDLANDS, a municipal corporation
the following described property in the City of Redlands, County of San Bernardino State of California;
Portion of Lot 5, Revised Map of Arcadia Addition, in the City of Redlands, County of San Bernardino, State of
California, more particularly described in Exhibit "A" attached hereto and made a part hereof.
Document Date: July 24, 2001
AMES W. BAr -
RYON
STATE OF CALIFORNIA )SS
COUN a `_o S (an G
On �J � 31 ac cl1 before me, 1 r t - 4& u—� a r� Notary Public
personally appeared "JC4 (yl4 W , P12 Y"rta 1
flex5errtn113awrr#e rueju imoved to me on the basis of sati;
and acknowledged to me the to s{tofthcy executed the same
the person] or the entity upon behalf of which the person}
WITNESS my hand and official seal.
Signature
I
M. FiAYWARQ
Coff=Wor1 # 1270510 f This area for official notarial seal.
z Notury Pt"TG - caif w*3
Eas Angeles County
MVCnrrrn.aVkMJui
evident to be the person whose nam�(s are subscribed to the within instrument
erltheir authorized capacity) and that byUl herkheir signature(* on the instrument
executed the instrument.
Mail Tax Statements to: SAME AS ABOVE or Address Noted Below
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property described on the Grant Deed conveyed to the
City of Redlands dated July 24, 2001 from James W. Barton is hereby accepted and the Grantee
consents to recordation thereof by its duly authorized officer.
Date: July 30, 2001
JOH AV SON
City r
Escrow No. 18178-JB
Exhibit "A"
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JAMES W. BARTON, A
SINGLE MAN, BY DEED RECORDED APRIL 6; 1994, AS INSTRUMENT.11110. 94_162926, OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT57, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE
37, RECORDS OF SAID COUNTY.
Agreement - Church Street Right -of -Way - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council unanimously
approved agreements regarding purchase of fee interest with James W.
Barton, Donald L. and Peggy Ann Christian, Daniel R. and Elaine M.
Flanigan, Trustees, and Lucille H. Gibson and authorized the Mayor and
City Clerk to sign the agreement on behalf of the City. This action is in
conjunction with the widening of Church Street from Redlands Boulevard
to Colton Avenue.
Resolution No. 5913 - NPDES Ins ector - The Clean Water Act was amended
by Congress in 1987 to require pen -nits for stornlwater discharges from the
municipal storm drain systems under the National Pollutant Discharge
Elimination System Program. The Enviromnental Protection Agency began
enforcing the new law in November 1990 and designated the State Water
Resources Control Board to administer the regulations and Clean Water Act in
California. At this time, the Public Works Department is requesting to add a
NPDES Inspector to the staff to be better able to comply with the requirements
of the NPDES Permit and Waste Discharge. The NPDES Inspector will
conduct site inspections all over the City on a daily basis. The estimated cost of
filling the position of the NPDES Inspector is $76,000.00 which includes the
cost of a vehicle. The funds necessary to pay for this position will be obtained
from the various revenue accounts of the Public Works Department,
Community Development Department and Municipal Utilities Department. On
motion of Councilmember George, seconded by Councilmember Haws, the City
Council unanimously approved Resolution No. 5913 authorizing approval of the
position of a NPDES Inspector position for the Public Works Department and
establishing fees for the inspections.
Senior Civil Engineer Position - Public Works Department - Currently, the
Public Works Department is responsible for the management of approximately
30 Capital Improvement Projects. Due to the limited staffing in the Engineering
and Administration Division, only a limited time can be spent on each of the
capital projects. Consequently only a limited number of projects can be brought
to completion during a fiscal year. The Senior Civil Engineer will be primarily
responsible for administering Capital Improvements Projects. On motion of
Councilmember Haws, seconded by Councilmember George, the City Council
unanimously approved a Senior Civil Engineer position for the Public Works
Department.
Release of Lien Agreement - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council unanimously authorized the
execution of a Release of Lien Agreement for improvements in front of 1514
South Center Street between Ridge Street and Benita Marie Crest.
Proclamation - German -American Youth SoccerExchange Program - On
motion of Councilmember George, seconded by Councilmember Haws, the City
July 3, 2001
Page 3
FIRST AMERICAN TITLE INSURANCE COMPANY
323 COURT STREET (P.O. BOX 6327)
SAN BERNARDINO, CA 92412
(909) 889-0311
5•41-FTan1
POLICY DATED: NOVEMBER 29, 2001 �/i'V o/I/--a& -Jef
INSURANCE POLICY NO. 422662
NOTE:
THIS CONTAINS IMPORTANT INFORMATION ABOUT THE REAL ESTATE TRANSAC-
TION YOU HAVE JUST COMPLETED. READ IT AND RETAIN IT WITH YOUR
OTHER VALUABLE PAPERS PERTAINING TO THE PROPERTY.
THE NEW HOME OR OTHER REAL ESTATE YOU HAVE PURCHASED IS PROTECTED WITH
A POLICY OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE
COMPANY. THIS IS YOUR GUARANTEE OF OWNERSHIP.
WE HAVE ASSIGNED THE ABOVE NUMBER TO YOUR RECORDS TO ASSURE PROMPT
PROCESSING OF FUTURE TITLE ORDERS INVOLVING THE PROPERTY. IF YOU SELL OR
OBTAIN A LOAN ON THIS PROPERTY WITHIN S YEARS, FIRST AMERICAN TITLE
INSURANCE COMPANY WILL REDUCE THE USUAL POLICY RATE BY 20
PERCENT.
TO OBTAIN THIS SAVINGS, IT WILL BE NECESSARY FOR YOU TO INFORM THE REAL
ESTATE AGENT AND/OR ESCROW HOLDER HANDLING FURTHER TRANSACTIONS THAT
SUCH POLICIES OF TITLE INSURANCE AS ARE REQUIRED SHOULD BE ISSUED BY FIRST
AMERICAN TITLE. YOU SHOULD REQUEST THAT THE ESCROW OFFICER REFER TO THE
ABOVE NUMBER WHEN OPENING THE ORDER WITH US FOR TITLE INSURANCE,
WE APPRECIATE THE OPPORTUNITY OF SERVING YOU AND WILL BE GLAD TO ASSIST
YOU FURTHER IN ANY WAY. REMEMBER THAT PROTECTION OF YOUR PROPERTY IS
YOUR NUMBER ONE CONSIDERATION -- AND OURS.
THANK YOU,
MARGO SWEET
TITLE OFFICER
RECORDING REQUESTED BY
THIS DOCUMENT IS APPROVED AS TO CONTENT AND FORM.
AND WIIEN RECORDED MAIL TO:
CITY OF REDLANDS
Office of the City Clerk
P. O. Box 3005
Redlands, CA 92373
A.P.N.: 171-086-08 (Portion)
CITY OF-REDLANDS, a municipal corporation
PAT GILBREA.Th j Mayor
Attest:.:
By:
orrie Po , City Clerk
-Space AbL s ' e for Rccor ier's Use Only
Order No.: 422662 Escrow No.: 18178-JB
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY NONE
[ J computed on full value of property conveyed, or
computed on full value less value of liens or encumbrances remaining at time of sale,
unincorporated area; [ l City of _, and
FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged,
JAMES W. BARTON, a single man
hereby GRANT(S) to
CITY OF REDLANDS, a municipal corporation
the following described property in the City of Redlands, County of San Bernardino State of California;
Portion of Lot S, Revised Map of Arcadia Addition, in the City of Redlands, County of San Bernardino, State of
California, more particularly described in Exhibit "A" attached hereto and made a part hereof.
Document Date: July 24 2001
JAMES W. BARTON
STATE OF CALIFORNIA )SS
COUNTY OF )
Ott before me, Notary Public
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the penon(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
This area for official notarial seal.
Mail Tax Statements to: SAME AS ABOVE or Address Noted Below
Escrow No. 18178-JB
Exhibit „A"
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JAMES W. BARTON, A
SINGLE MAN, BY DEED RECORDED APRIL 6, 1994, AS INSTRUMENT NO. 94-162926, OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 6, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE
37, RECORDS OF SAID COUNTY.
NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND
SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID
LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE
OF CALIFORNIA.
Form No. 1.402.92
(10/17/92)
ALTA Owner's Policy
POLICY OF TITLE INSURANCE
y, AN1I._1;,
ISSUED BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
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 Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
First American Title Insurance Company
4,Fi Y PRESIDENT
ATTESTZ
SECRETARY
ei
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(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.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
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 would have
had against the named insured, those who succeed to the
interest of the named insured by operation of law as
distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representa-
tives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage.
(c) "knowledge" or "known": actual knowledge, not
constructive knowledge or notice which may be imputed to
an insured by reason of the public records as defined in this
policy or any other records which impart constructive notice
of matters affecting the land.
(d) "land": the land described or referred to in
Schedule (A), and improvements affixed thereto which by law
constitute real property. The term "land" does not include any
property beyond the lines of the area described or referred
to in Schedule (A), nor 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": records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge. With respect to
Section 1(a)(iv) of the Exclusions From Coverage, "public
records" shall also incude environmental protection liens filed
in the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alleged or
apparent matter affecting the title to the land, not excluded or
excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A to be released
from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as
of Date of Policy in favor of an insured only so long as the
insured retains an estate or interest in the land, or holds an
indebtedness secured by a purchase monev mortoaoe given
by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating
the amount of the loss or damage. If the Company is
prejudiced by the failure of the insured claimant to provide the
required proof of loss or damage, the Company's obligations
to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or, matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall produce
for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized
representative of the Company, all recordsr books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized
representative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized rep-
resentative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and mem-
oranda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary informa-
tion from third parties as required in this paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
To pay or tender payment of the amount of insurance
under this policy together with any costs, attorneys' fees and
expenses incurred by the insured claimant, which were
authorized by the Company, up to the time of payment or
tender of payment and which the Coinpany is obligated to
pay.
Upon the exercise by the Company of this option, all
liability and obligations to the insured under this policy, other
than to make the payment required, shall terminate, including
for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by
the Company or with the Company's consent, the Company
shall have no liability for loss or damage 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.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed by the
insured in settling any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments made
for costs, attomeys' fees and expenses, shall reduce the
amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the Amount of In-
surance under this policy shall be reduced by any amount the
Company may pay under any policy insuring a mortgage to
which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a
payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this
policy for endorsement of the payment unless the policy has
been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has
been definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within 30
days thereafter.
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a
claim under this policy, all right of subrogation shall vest in
the Company unaffected by any act of the insured claimant,
Tha Cmmnanv shall ha s;uhmnntnd to and he antitlarl to all
made by the insured in any transfer or conveyance of the
estate or interest, This policy shall not continue in force in
favor of any purchaser from the insured of either (i) an estate
or interest in the land, or (4) an indebtedness secured by a
purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section 4(a)
beloyr, (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 prompt notice shall
not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless
the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to
the options contained in Section 6 of these Conditions and
Stipulations, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those
stated causes of action alleging a defect, lien or en-
cumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice
(subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs
or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured against by
this policy.
(b) The Company shall have the right, at its own cost,
to institute and prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the
insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive
any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted by the
provisions of this policy, the Company may pursue any
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,
(d) in all cases where this policy permits or requires
the Company to prosecute or provide for the defense of any
action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured forthis
purpose. Whenever requested by the Company, the insured,
at the Company's expense, shall give the Company all
reasonable aid (1) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or
interest as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of lass or damage signed and
sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the defect in, or lien
or encumbrance on the title, or other matter insured against
company Tor canceiiauon.
(b) To Pay or Otherwise Settle With Parties Other than
the Insured or With the Insured Claimant,
(i) to pay or otherwise settle with other parties for
or in the name of an insured claimant any claim insured
against under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment
and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured
claimant the loss or damage provided for under this policy,
together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company
is obligated to pay.
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the Com-
pany's obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to
be made, shall terminate, including any liability or obligation
to defend, prosecute or continue any litigation.
DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by reason
of matters insured against by this policy and only to the extent
herein described.
(a) The liability of the Company under this policy shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
or
(ii) the difference between the value of the insured
estate or interest as insured and the value of the insured estate
or interest subject to the defect, lien or encumbrance insured
against by this policy.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected
on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is subject to
the following:
(i) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata in the proportion that the Amount of Insurance
at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or (ii) where a subsequent
improvement has been made, as to any partial loss, the
Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule
A bears to the sum of the Amount of Insurance stated in
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to
costs, attorneys' fees and expenses for which the Company
is liable under this policy, and shall only apply to that portion
of any loss which exceeds, in the aggregate,' 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulations.
S. APPORTIONMENT.
If the land described in Schedule (A)(C) consists of two
or more parcels which are not used as a single site, and a loss
is established affecting one or more of the parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the Amount of Insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made sub-
sequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an
endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the land, or cures the claim of
unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the comple-
tion of any appeals therefrom, it shalt have fully performed its
obligations with respect to that matter and shall not be liable
had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in
order to perfect this right of subrogation. The insured
claimant shall permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name
of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover
the loss of the insured claimant, the Company shall be
subrogated to these rights and remedies in the proportion
which the Company's payment bears to the whole amount
of the loss.
If loss should result from any act of the insured
claimant, as stated above, that 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 by this policy which
shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against non-insured
Obligors.
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Com-
pany or the insured may demand arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any
service of the Company in connection with its issuance or
the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of either
the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the
insured. Arbitration pursuant to this policy and under the
Rules in effect on the date the demand for arbitration is made
or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which
the land is located permit a court to award attorneys' fees to
a prevailing party, Judgment upon the award rendered by the
Arbitrators) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY,
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any,
attached hereto by the Company is the entire policy and
contract between the insured and the Company. in interpret-
ing any provision of this policy, this policy shall be construed
as a whole.
(b) 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 by any
action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy
can be made except by a 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.
16. SEVERABILITY.
In the event any provision of the policy is held invalid
or unenforceable under applicable law, the policy shall be
deemed not to include that provision and all other provisions
shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement
in writing required to be famished the Cory shall include the
number of this policy and shar be addressed to the Company at
I First American way, Santa Ana, Caiifomia 92707, or to the office
which issued this policy.
First American Title Insurance Company
323 Court Street (P.O. Box 6327)
San Bernardino, CA 92412
(949) 889-0311
�' :l.D!11VaDF.1
POLICY NO. 422662 MS
AMOUNT OF INSURANCE: $1, 800.00
DATE OF POLICY: NOVEMBER 29, 2001 AT 3:00 P.M.
1. NAME OF INSURED:
CITY OF REDLANDS
MS 422662
PREMIUM $300.00
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS:
A FEE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
CITY OF REDLANDS, A MUNICIPAL CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO TAMES W. BARTON, A
SINGLE MAN, BY DEED RECORDED APRIL 6, 1994, AS INSTRUMENT NO. 94-162926, OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT S, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE
37, RECORDS OF SAID COUNTY.
ALTA OWNERS POLICY
(Regional Exceptions) PAGE 1
MS 422662
SCHEDULE B
►�L•[�h1;yYrU�'ICy�►,tUu'LK��I�►17re��1
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT
PAY COSTS, ATTORNEYS' FEES OR EXPENSE) WHICH ARISE BY REASON OF:
SECTION ONE:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE
RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL
PROPERTY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC
RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY
MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE,
AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS,
5. UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN
ACTS AUTHORIZING THE ISSUANCE THEREOF; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE
OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS,
SECTION TWO:
SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002,
FIRST INSTALLMENT: $592.33 (PAID)
SECOND INSTALLMENT: $592.29
CODE AREA: 5002
A.P. NO. 171-086-05
0
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
ALTA OWNERS POLICY
(Regional Exceptions) PAGE 2
MS 422662
3.
AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL
PURPOSES, RECORDED IN BOOK 29, PAGE 65, OF DEEDS,
SAID EASEMENT IS FOR IRRIGATING DITCHES OR PIPES, AND CANNOT BE LOCATED FROM
THE RECORD.
4.
AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL
PURPOSES, RECORDED IN BOOK 297, PAGE 355, OF DEEDS.
SAID EASEMENT IS FOR SEWER LINES AND CANNOT BE LOCATED FROM THE RECORD.
MS/PLL
ALTA OWNERS POLICY
(Regional Exceptions) PAGE 3
THIS HAP tS FOP. THE PURPOSE Pin . Redlands Town f- l a I IYI : i3 . - / 1 V T
or AD va1oIr11 lA%AFIOn Olrkv. Redlands City
__ _ Tax Rate Area
F1rat American
0l S A ®e",P - u� Thla map may oy may Mill he a sumov, of the land deplClod hotann. 5 0 0 2
♦ Y; 1!! s
0171 — 0 8
ampraml I r logu or damage
whrch maresult from raDa coon thl sp exeapt 10 the oxt nt
dovaragafor such fossofdamagOi5Wroaslyprovldadb thoterms D 16 9
and provlsiona of the title Insuroncb policy, If any, to which thla mep q Isattachod. L '
]853
C+HR-A1- -- ---- -- —*5,_— _--—--
I 1a.1'4P-'r. » aN .�. `" -1-
+ 2; 13- OI ^ts 4a i IB i tv , 4o- w ss.t $10 --`5- --- I.,.
t 45 -
RF� lz0 r;rf 4 14 as y36 1a =27 s 4e.1 is us £8 Its
i° 7AA'05 '`rl "03 _e p; ---- 08 " 66 6 07 .�
Lr., ._,40." - 10 4 0 $ 4 08 09 " is ---- -_ _ us Q
Ir
. 8 r{rz i » 9 ' r _ OJ 05 06 Ol s-- OS 19 5_
g tre i a
�10 tl i2 "•Js ss 8 r o, ID li 12 13 t4 SS POA ILOr 28 -- - -93 JAL l,so'SSe
07 sr _
D 1 1 a0 ra OIO 13 11 14 :t•}t tii i 02 1a � 2-i .� _ 2Q
� 085 --- ----- 45 1;4 n 4 09
pg 5 $ .4. 3 2 Yr°rr I 07 r J'B , tB 1 is , 1 ,g 1 us
p _ .tj J4 3 2 I r6 11 _30 95 03 2 3 f
r ..7 i O U 1� �` ` f a I QQJZ ' J 2 OI �' 15 --- ------ us 1 k0 0
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]o ; - e - 39_ __ _
I 12' 02 ^ 22 - 4t.4s-
OJ
1 "1 ' 40 10 ' 40 r ar.7 40 le J '^ 46 ,101 y°l, n� `32 13 'S��Ol r 1J 1 12 1f
1 s.li� rr s9.1 1 es 10 '30 Is r
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- - 34A4 [- — -- - — - - ---- - r5i \4 1
1 �gi - __--__.--------- � --
/f 1 - - - - ii R-E E-1
40 40 40 40 40
40 40 —
, `J 40 ; N Ike 1s 7i 4a e — -
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is jrC°la Is
to 41 i0 4a
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-08 09 10 i I1 12 1]- ' - = = =' _ �• - - _ i
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1 ea 4n 4B <v ' m Iv e0 1 OS _ 4 1 I �; 2, 3 4 5 6 7 8 9 14 ' 15
1 61.4 - 1 ry 10 11 12 13
i ea 4B 4a 4a toe
70 10 , 10 r f0 Iv [a I 40 /a 17 ' = ]t -10 /0 is 40 40 'I ]a 'I J0 'r 45.41
61.4
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o -
4
cspl �1B l0 16, to Sa t0 is '1a 3s J
i 40 10 tB s 40 ' al,t ' Ja.E is 1 r f0 i is ! 10 I ]]-3+ (]S�9i r(f s.lt 40.01�}S.Sfi l0 ' to
I e 1
� I
28 3d
Revised Mop of Arcadio; lf.g, 13/37
limmons' First Add., M-11. 8,76 Assessor's Map
JAN. 1990 NO. 2nd PfaIiminory Mop Of Redlonds, M.8. 512 Book_0171 Page o8
(!0
REv16Ep
01/08/90
01/10/96 PE
09/23/98 PE
yS r,Hk R!
First American Title Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We
understand that you may be concerned about what we will do with such information -particularly any personal or financial
information. We agree that you have a right to know how we will utilize the personal information you provide to us.
Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern
the use and handling of your personal information.
Applicability
This Privacy Policy governs our use to the information which you provide to us. It does not govern the manner in which we
may use information we have obtained from any other source, such as information obtained from a public record or from
another person or entity. First American has also adopted broader guidelines that govern our use of personal information
regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our
website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect
include:
Information we received from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including
the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as
quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information Iisted
above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title
insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate
services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide
all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing
agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access
to nonpublic personal information about you to those individuals and entities who need to know that information to provide
products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information
Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard
Your nonpublic personal information.
MS 422662
First American Title Insurance Company
323 Court Street (P.O. Box 6327)
San Bernardino, CA 92412
(909) 889-0311
FAX (909) 384-8464
GUARDIAN ESCROW
101 E. REDLANDS # 180
CENTENNIAL PLAZA
REDLANDS, CA 92373
ATTENTION: JERI BRAY
Your Reference:
18178 JB
Our Order No.
422662
Property Address:
115 N. CHURCH STREET, REDLANDS
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 or policies of title insurance 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 forms.
The printed exceptions and exclusions from the coverage of said policy or policies are set forth in Exhibit "A" found
inside the preliminary report jacket. Copies of the policy forms should be read. They are available from the office
which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit
A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is.not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) 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 should be requested.
DATED AS OF TUNE 28, 2001 AT 5.00 P.M.
MARGO SWE t3
TITLE OFFICER
r...� �
CITY OF REDLANDS, a municipal corporation
PAT CRILBREATH, Mayor
Attest:
By:
rr'e Poyz , City Clerk
Preliminary Report PAGE 1
MS 422662
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
(BASE RATE APPLIES)
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
JAMES W. BARTON, A SINGLE MAN
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
A FEE
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JAMES W. BARTON, A SINGLE
MAN, BY DEED RECORDED APRIL 6, 1994, AS INSTRUMENT NO. 94-162926, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 6, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE 37,
RECORDS OF SAID COUNTY.
NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND SHALL
NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID LEGAL
DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF
CALIFORNIA.
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, 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 REVENUE AND TAXATION CODE.
3.
AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL
PURPOSES, RECORDED IN BOOK 29, PAGE 65, OF DEEDS.
Preliminary Report PAGE 2
MS 422662
SAID EASEMENT IS FOR IRRIGATING DITCHES OR PIPES, AND CANNOT BE LOCATED FROM THE
RECORD.
4.
AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL
PURPOSES, RECORDED IN BOOK 297, PAGE 355, OF DEEDS.
SAID EASEMENT IS FOR SEWER LINES AND CANNOT BE LOCATED FROM THE RECORD.
5.
A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $92,339.00, AND ANY OTHER
AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 6, 1994, INSTRUMENT NO. 94-
162927, OFFICIAL RECORDS.
DATED: MARCH 28, 1994
TRUSTOR: JAMES W. BARTON, A SINGLE MAN
TRUSTEE: PLAZA HOME MORTGAGE BANK, FSB
BENEFICIARY: PLAZA HOME MORTGAGE BANK, FSB
ACCORDING TO THE PUBLIC RECORDS, THE BENEFICIAL INTEREST UNDER THE DEED OF TRUST
HAS BEEN ASSIGNED TO BANK UNITED, A FEDERALLY CHARTERED SAVINGS BANK, BY MESNE
ASSIGNMENTS.
Gel
STATEMENT OF INFORMATION FROM JAMES BARTON.
TAXES FOR PRORATION FOR THE FISCAL YEAR 2000-2001:
FIRST HALF: $579.01 PAID
SECOND HALF: $579.01 PAID
CODE AREA: 5002
A.P. NO.: 171-086-08
ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE
COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND A SINGLE FAMILY RESIDENCE
KNOWN AS 115 NORTH CHURCH STREET, REDLANDS, CALIFORNIA,
Preliminary Report PAGE 3
MS 422662
ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND
DESCRIBED HEREIN WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT
EXCEPT AS FOLLOWS:
0610
WIRE TRANSFER INSTRUCTIONS TO FIRST AMERICAN_ TITLE COMPANY
Receiving Bank: FIRST AMERICAN TRUST COMPANY, 421 N. MAIN ST., SANTA ANA, CA 92701
Federal Routing No: 122241255
Account Name: FIRST AMERICAN TITLE COMPANY
Special Trust Account
Account Number: 17004
MS/DRS
Preliminary Deport PAGE 4
EXHIBIT "A"
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO .FAMES W. BARTON, A
SINGLE MAN, BY DEED RECORDED APRIL 6, 1994, AS INSTRUMENT NO. 94-I62926, OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 6, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE
37, RECORDS OF SAID COUNTY.
NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND
SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID
LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE
OF CALIFORNIA.
is YAP 1S to
1U1 PURPOSE
AO VAIDAW IAZATiDn ONLYtit
0
Pin. Redlands Town plat, ..M:B. 5/10
ihla map may of maY not be a survey of the rend depleted hereon,
Feat Ams6co n expreasty disclaims my IW"ty for rasa w d.U.
which may reautt from ,W4nce on Ittls map except to the extent
coverage for such Ions or demege is exptet* prodded hyths t{mu
ored providons of the No inaurwua pol". It any, to which this map
Is attschod.
Redlands City
Tax Rate, Area
5002-
0171 — 08
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HMO
O3/O8I9O
RevisedDp of ArcDdia, V.B. 13131 t 1
t11O/96 PE
Assessors Map 09/23/98 PE
Timmons' Firsl Add., M.B. 6.76 Book 0171 Page 08
H. 1990 P1a. 2nd helimiAorl Map Of RedlOnds, U.B. 512 San Bernni-dinn ('ntinlu
First American Title Company
Privacy Policy
We :ire Committed to Safeguarding Customer information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We
understand that you may be concerned about what we will do with such information-parricularly any personal or financial
information. We agree that you have a right to know how we will utilize the personal information you provide to us.
'therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern
the use and handling of your personal information.
Applicability
This Privacy Policy governs our use to the information which you provide to us. It does not govern the manner in which we
may use information we have obtained from any other source, such as information obtained from a public record or from
another person or entity. First American has also adopted broader guidelines that govern our use of personal information
regardless of its source. First American calls these guidelines its Fair Information Yalues, a copy of which can be found on our
website at www.nrsmm-com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect
inc iude:
• Information we received from you on applications, forms and in other communications to us, whether in
writing, in person, by telephone or any other means;
e Information about your transactions with us, our affiliated companies, or others; and
e Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated parry.
Therefore, we will nor release your information to nonaffiliated parries extent: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including
the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as
quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed
above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title
insurers, properly and casualty insurers, and trust and investment advisory companies, or companies involved in real estate
se^:ices, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide
all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing
aereements.
Fortner Customers
i•: en if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access
to nonpublic personal information about you to those individuals and entities who need to know that information to provide
products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy and First American-s Fair Information
Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
JULY 16, 2001
GUARDIAN ESCROW
101 E. REDLANDS BLVD., STE #180
REDLANDS, CA. 92373
ATTN.: JERI
YOUR REFERENCE: 18178 JB
OUR ORDER NO.: 422662 MS
DATED AS OF IDLY 16, 20 7:30 A.M.
MARGO SWEET, TITLE OFFICER/SM
LENDER/ESCROW SUPPLEMENTAL REPORT
THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS
THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE
FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND
TITLE ASSOCIATION FORM POLICY AS FOLLOWS:
PLEASE BE ADVISED THAT IN PRELIMINARY TITLE REPORT DATED JUKE 28, 2001, WE
HEREBY AMEND THE LEGAL DESCRIPTION TO READ AS FOLLOWS:
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO TAMES W. BARTON, A
SINGLE MAN, BY DEED RECORDED APRIL 6, 1994, AS INSTRUMENT NO. 94-162926, OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 5, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE
37, RECORDS OF SAID COUNTY.
NOTE: THE ABOVE LEGAL DESCRIPTION I S MADE FOR PRO FORMA PURPOSES ONLY, AND
SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID
LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE
STATE OF CALIFORNIA.
Guardian Escrow; Inc.
101 East Redlands Blvd., Suite 180
Redlands, CA 92373
(909) 793-3147 FAX (909) 798-4606
PRIVACY POLICY
Escrow No.: 18178-JB
Our Commitment to Your Privacy: Guardian Escrow, Inc., has a long standing policy of protecting the confidentiality and
security of information we collect about our customers. We may from time to time ask you to provide us with certain
information. You may be concerned with what we will do with such information, particularly personal or financial
information. Therefore, Guardian Escrow, Inc., has adopted this "Privacy Policy" to govern the use and handling of your
personal information.
How We Collect Information: Guardian .Escrow, Inc., gets most of its information about your finances, employment, or other
personal characteristics from you or from other parties working for you. This privacy Policy deals with the information which
you provide to Guardian Escrow, Inc. It does not cover information which we receive from any other source, such as a public
record or from another person or entity. The types of information which Guardian Escrow, Inc., may collect includes, but it
not limited to, the following:
* information you provide on applications, forms and in other communications to us, whether in writing, in person,
by telephone, E-mail, electronic transfer, or any other means;
* information we develop as part of handling your transaction;
* information about your transactions with us, any affiliated companies, or others; and,
* information we receive from a consumer reporting agency.
Guardian Escrow, Inc., may verify this collected information or get additional information from other sources.
Why We Collect and How We Use Information: Guardian Escrow, Inc., Iimited the collection of information about you to a
minimum, but which still allows Guardian Escrow, Inc., to provide you with superior services. We request information from
you for legitimate business purposes related to the transactions we are handling for you, and not for the benefit of any party not
connected with the transactions.
Disclosures of Information: Guardian Escrow, Inc., will not release your information to nonaffiliated parties except: 1) as
necessary for us to provide the product or service you have requested of Guardian Escrow, Inc.; or 2) as required or permitted
by law. Such information may be used for any internal purpose, such as quality control efforts, audit purposes, to attorneys or
other professionals, customer analysis, or to law enforcement and regulatory agencies, for example, to help us prevent fraud.
Except for such limited situations, without your consent we will not .make any disclosures of information to other companies
who may want to sell their products or services to you. For example, Guardian Escrow, Inc., does not sell customer lists and
we will not sell your name to a catalogue company or telemarketer. Guardian Escrow, Inc., may provide such nonpublic
personal information listed above to an affiliated company of Guardian Escrow, Inc., if the affiliate is also involved in the
transaction. Guardian Escrow, Inc., may, however, store such information indefinitely, including the period after which any
customer relationship has ceased.
Former Customers: This Privacy Policy applies to you even if you are no longer a customer of Guardian Escrow, Inc.
How We Protect Information: Guardian Escrow, Inc., has taken steps to ensure that only authorized parties have access to
your information. We restrict nonpublic personal information about you to those individuals who need to know that
information in order to provide you with services. Guardian Escrow, Inc., will use its best efforts to traits and supervise its
employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy.
We currently maintain physical, electronic, and other safeguards to comply with all applicable guidelines to protect your
nonpublic personal information.
Further Information: We reserve the right to change this Privacy Policy. The examples contained within this Privacy Policy
are illustrations and are not intended to be exclusive. This notice complies with recently enacted federal law and regulations
regarding privacy. You may have additional rights under other foreign or state laws that may apply to you.
I/We have received and read a copy of this Privacy Policy notification as of the date below:
Date: July 27, 2001 Signature:
Pat Gilbrea Mayor
Date: July 27, 2001 � Signature:
orr e oya y er
Guardian Escrow/privacy policy.03
June 29, 2001
Guardian Escrow, Inc.
101 East Redlands Blvd., Suite 180
Redlands, CA 92373
(909) 793-3147 FAX (909)798-4606
NOTICE AND DISCLOSURE
Property: Vacant Land, Escrow No.: 18178-JB
In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a Buyer may be required to withhold an
amount equal to 3 1/3 % of the sales price, in the case of a disposition of California real property interest by either:
1. A Seller who is an Individual with a last known street address outside of California or when the disbursement instructions
authorized the proceeds to be sent to a financial intermediary of the Seller, OR,
2. A Seller who is a Corporation, which has no permanent place of business in California.
For failure to withhold, the Buyer may become subject to a penalty in an amount equal to the greater of Ten Percent (10 %) of
the amount required to be withheld or Five Hundred Dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no Buyer will be required
to withhold any amount or be subject to penalty for failure to withhold if:
1. The Total Consideration of subject property is $100,000.00 or less, OR
2. The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a resident of California, or
if a Corporation, has a permanent place of business in California, OR
3. The Seller, who is an Individual, executes a written certificate, under the penalty of perjury, that the California real
property being conveyed is the Seller's principal residence (as defined in ,Section 1034 of the Internal Revenue Code.)
The undersigned parties acknowledge that the Escrow Holder is required to provide to Buyer(s) written notification of
California withholding requirements. This notification instructs Buyer(s) to withhold 3 1/3 % of the Total Consideration of the
California real property herein, when CAL-FIRPTA is applicable.
The Buyer(s) acknowledge that it is his responsibility to instruct the Escrow Holder to withhold 3 1/3 % of the Total
Consideration from the Seller(s) proceeds when CAL-FIRPTA is applicable.
The Seller(s) acknowledge that if all of the above conditions are met, the Seller(s) may apply for a Withholding Certificate to
waive all or a portion of the withhold requirement. The Seller(s) can apply for the Withholding Certificate at the address
provided below. If the Withholding Certificate to waive has been received prior to the close of escrow, the withhold amount
will be waived at the close of escrow.
FRANCHISE TAX BOARD - WITHHOLDING AT SOURCE UNIT
P.O. BOX 651, SACRAMENTO, CA 95812-0651
(888) 792-4900
If the Withholding Certificate has not been received prior to the close of escrow, the parties shall sign an instruction to escrow
to withhold proceeds pending the Seller's receipt of the Certificate. The funds will be held by Escrow Holder for a period of
not more than 45 days after the close of escrow. If the Withholding Certificate has not been received within the 45 day time
limit, the withhold amount shall be forwarded to the State of California.
If the Withholding Certificate is received either prior to the close of escrow or prior to the expiration of the 45 day holding
period, the withhold amount shall be disbursed pursuant to the direction of the Withholding Certificate. If the Certificate
waives the whole withhold amount, the Seller will receive the complete withhold amount; if the Certificate waives a portion of
the withhold, the Seller will receive a portion of the amount and that portion required by the State will be forwarded to the
State of California.
In any event, if all of the above withhold conditions are met and instructions are received from the Buyer to withhold,
this escrow well not close unless the instructions to withhold is signed by both Buyer and Seller or a Withholding
Certificate waiving the Withhold has been delivered to the Escrow Holder by the Seller prior to the close of escrow.
.TAMES W. BARTON
CITY OF REDLANDS, a municipal
corporation
PAT GILBREATH, Mayor
Attest:
By
4Z�4 )
or ie Po City Clerk
Guardian Escrow, Inc.
101 East Redlands Blvd., Suite 180
Redlands, CA 92373
(909) 793-3147 FAX (909)798-4606
NOTICE, TO BUYERS AND SELLERS
Property: Vacant Land,
Escrow No.: 18178-JB
1. THE UNDERSIGNED BUYERS AND SELLERS HEREBY ACKNOWLEDGE BEING ADVISED THAT CALIFORNIA
STATE LAW REQUIRES THAT THIS ESCROW NOT CLOSE, NOR DOCUMENTS BE RECORDED, UNTIL ALL
FUNDS REQUIRED OF THE PARTIES (INCLUDING NEW LOAN PROCEEDS) HAVE BEEN COLLECTED, AS
DEFINED BY LAW.
IN ORDER TO MAINTAIN COMPLIANCE, WE SUGGEST THAT THE MOST EFFICIENT METHOD OF DEPOSITING
FUNDS IS TO TRANSFER BY WIRE. CASHIER'S CHECKS DRAWN ON A CALIFORNIA BANK WILL, IN MOST
CASES, BE ELIGIBLE FOR "NEXT -DAY" CLOSING.
ANY OTHER CHECK INSTRUMENTS, SUCH AS OFFICIAL CHECKS, BANK CHECKS, ETC., PURSUANT TO
DEPARTMENT OF CORPORATIONS GUIDELINES, WILL BE TREATED AS PERSONAL CHECKS AND MUST
BE CLEARED TO THE SATISFACTION OF GUARDIAN ESCROW, INC., WHICH CLEARANCE IS ESTIMATED
TO TAKE FROM 3 TO 5 BUSINESS DAYS.
2. TO MINIMIZE DELAYS IN DOCUMENT RECORDING AND THE CLOSING OF YOUR ESCROW:
a. Whenever the amount of funds required for closing is $100,000.00, or more, the closing funds should be transferred by
wire directly to our bank as follows:
City National Bank
5601 East Slauson Avenue
Commerce, CA .90040
Routing Number: 122016066
Account Number: 013007691
FOR DEPOSIT TO GUARDIAN ESCROW, INC., REDLANDS TRUST ACCOUNT
CREDIT TO ESCROW NO. 18178-JB
(MAKE CERTAIN WIRE TRANSFER REFERENCES NAME OF DEPOSITOR)
b. Whenever the amount of funds required for closing is less than $100,000.00, the closing funds should either be wired to
our account, as above instructed, or deposited to escrow in the form of a California Bank Cashiers Check payable to
Guardian Escrow, Inc. (Please be reminded that not all bank checks are Cashiers Checks).
3. PER DIEM INTEREST WILL BE CHARGED BY SELLER'S LENDER UNTIL THE DATE LENDER RECEIVES THE
PAYOFF FUNDS (OR AS OTHERWISE DIRECTED BY LENDER'S DEMAND STATEMENT). PER DIEM INTEREST
WILL BE CHARGED BY THE BUYER'S LENDER FROM THE DATE THE LENDER FUNDS THE LOAN.
THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THE ABOVE NOTICE.
JAMES W. BARTON
CITY OF REDLANDS, a municipal
corporation
By:
PAT GILBREATH, Mayor
Attest:
By:
Lorr e Poy City Clerk
Guardian Escrow; Inc.
101 East Redlands Blvd., Suite 180
Redlands, CA 92373
(909) 793-3147 FAX (909) 798-4606
TO: Guardian Escrow, Inc.
SALE ESCROW INSTRUCTIONS
Date: July 25, 2001
Escrow Ofricer. Jeri Bray, CSEO
Escrow Number: 18178-JB
CITY OF REDLANDS, a municipal corporation, (hereinafter referred to as Buyer) agree to purchase from JAMES W.
BARTON, (hereinafter referred to as Seller) the real property set forth herein per the terms, conditions, consideration and
instructions hereinafter stated. The Seller and Buyer herein shall deliver these signed escrow instructions to Guardian
Escrow, Inc., (hereinafter known as Escrow Holder).
Terms of Transaction
I will deposit, prior to close of escrow, the sum of
To Complete the Total Consideration of
1,800.00
1,800.00
Furthermore, I/We, the undersigned Buyer, will execute and deliver any instruments and/or funds which this escrow requires
of the Buyer to show title as called for, all of which you are instructed to use on or before August 24, 2001, provided you hold
a Policy of Title insurance issued through First American Title Insurance (the title company selected by the parties), with the
usual title company's exceptions, with a liability of not less than $1,800.00, covering property in the County of San
Bernardino , State of California, described as follows:
Portion of Lot 5, According to Revised Map of Arcadia Addition, in the City of Redlands, County of San Bernardino,
State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof.
COMMONLY KNOWN AS: Vacant Land (Portion of 15 Church Street, Redlands, CA 92374
ASSESSOR PARCEL NUMBER(S): 171-086-08 (Portion)
SHOWING TITLE VESTED IN: CITY OF REDLANDS, a municipal corporation
SUBJECT ONLY TO:
(1) Current property taxes.
(2) A 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) Assessments and Bonds, if any, including all liens of assessment pursuant to the provisions of the Mello -Roos Community
Facilities Act, not delinquent, unpaid balance to be assumed by Buyer.
(4) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to tile, and
any exception of water, minerals, oil, gas, and kindred substances, on or under said land, now of record, or in deed to file.
ESCROW INSTRUCTIONS
1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property.
2. Prior to close of escrow, Buyer will hand you Certificate of Acceptance, which is to be attached to the Grant Deed when
delivered for recording.
3. Prior to close of escrow, Seller will cause to be handed you a partial reconveyance from the holder of the encumbrance of
record, releasing the subject property; which document is to be recorded through this escrow.
4. The undersigned Buyer and Seller acknowledge having received, read and approved a copy of the preliminary report issued
by First American Title Insurance in its Order No. 422662, dated as of June 28, 2001, together with Supplemental Report
correcting the Iegal description, dated as of July 16, 2001, each covering the subject property. Current Taxes and Exception
Items 1 through 4, as set forth in the report, are specifically approved to remain of record and may show in the policy of title
insurance to be issued in conjunction with this escrow.
ADDITIONAL INSTRUCTIONS ATTACKED HERETO AND MADE A PART HEREOF
My initials below represent my agreement and acknowledgment a the foregoing.
Seller Initials: _ Buyer Initials:
Page l y
Guardian Escrow, Inc. Date: July 25, 2001
Escrow No.: 18178-JB
5. Regardless of Additional Escrow Instructions set forth hereinafter to the contrary, all fees, costs and charges in this escrow
will be paid by Buyer, including but not limited to title policy fee, escrow fee, documentary transfer tax, 1099 reporting fees
and costs of preparing, notarizing and recording documents.
6. There are to be no adjustments or pro -rations in this escrow between the parties regarding taxes or other matters.
7 In the event Buyer or Seller utilize "facsimile" transmitted signed documents (via Panafax, Telefax, Nefax, etc.), Buyer and
Seller hereby agree to accept same and instruct you as escrow holder to rely upon such documents as if they bore original
signatures. Buyer and Seller hereby acknowledge and agree to provide to you, within 72 fours of .transmission, any such
documents bearing the original signatures. Buyer and Seller further acknowledge and agree that any promissory note,
document required by a third party in conjunction with this escrow, or document in this escrow which is to be recorded in an
office of the County Recorder, must be the original of such document, bear original signature(s) and be deposited with escrow
holder prior to close of this escrow.
ADDITIONAL ESCROW INSTRUCTIONS
1. All funds received in this escrow shall be deposited with a State or National bank with other escrow funds. Make
disbursements by your check; checks not presented for payment within six months after date are subject to service charges in
accordance with your schedule in effect from time to time. Make all adjustments and pro -rations on the basis of a 30-day
month. "Close of Escrow" is the date instruments are recorded. All documents and funds due the respective parties herein are
to be mailed to the addresses set out below their respective signatures unless otherwise instructed. Our signatures on any
documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made
herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow", you as
escrow holder shall have no responsibility therefor and shall not be concerned therewith. Documentary Transfer Tax is to be
computed on full value of property conveyed (or full value less remaining encumbrances, if applicable) and will be paid by
Seller/Grantor unless otherwise stated.
2. The parties to this escrow are made aware that escrow holder has no obligation to verify signatures of any of the parties
involved.
3. You shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner of execution or
validity of any documents deposited in this escrow; (2) the identity, authority, or right of any person executing the same,
either as to documents of record or those handled in the escrow; or (3) the failure of any party to comply with any of the
provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in those escrow
instructions. Your duties shall be limited to the safekeeping of money and documents received by you as escrow holder and for
the disposition in compliance with the written instructions accepted by you in this escrow. You shall not be required to take
any action regarding the collection, maturity, or apparent outlaw of any obligations deposited with you unless otherwise
instructed in writing. Your liability as escrow holder shall be confined to the things specifically provided for in my written
instructions in this escrow.
4. Where the assignment of any insurance policy from Seller/Grantor to Buyer/Grantee is concerned, Seller/Grantor
guarantees to you any insurance policy handed you in this escrow is policy in force, the policy has not been hypothecated and
that all necessary premiums have been paid. You are authorized to execute on behalf of the parties assignments of interest in
any insurance policy (other than title insurance policies) called for in this escrow, you are authorized to transmit for assignment
any insurance policy to the insurance agent requesting that the insurer consent to such assignment, to request that a Ioss payee
clause or such other endorsements as may be required be issued, and to forward such policy to the lenders and entitled parties.
You shall not be responsible for verifying the acceptance of the request for assignment and policy of insurance by the insurance
company. The parties mutually agree that you will make no attempt to verify the receipt of the request for assignment by the
issuing insurance company. All parties are placed on notice that if the insurance company should fail to receive the
assignment, the issuing company may deny coverage for any loss suffered by Buyer. It is the obligation of the insured or the
insured's representative to verify the issuing company's acceptance of the assignment of the policy.
5. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any
former or present owner of the subject property described in these escrow instructions, nor for the corporation or license tax of
any corporation as a former or present owner.
ADDITIONAL, INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF
My initials below represent my agreement and acknowledgment of the foregoing.
Seller Initials: _ Buyer Initials:
Page 2
Guardian Escrow, Inc. Date: July 25, 2001
Escrow No.: 18178-JB
6. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have
deposited funds or documents, or both, handed you under these escrow instructions with any duly authorized sub -escrow agent,
including, but not limited to, any bank, trust company, title insurance company, title company, savings and loan association,
or licensed escrow agent, subject to your order at or before close of escrow in connection with closing this escrow. Any such
deposit shall be deemed a deposit under the meaning of these escrow instructions.
7. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in
violation of the Subdivision Map Act or any law regulation land division, zoning ordinances or building restrictions which may
affect the land or improvements that are the subject of this escrow. You, as escrow holder, are relieved of all responsibility
and liability in connection with such laws, ordinances, restrictions or regulations and are not to be concerned with any of their
enforcement.
8. If any form of Purchase Agreement or amendment or supplement (collectively "Purchase Agreement") is deposited in this
escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement.
You, as escrow holder, are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility
for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You
are not responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions
may be based, and you shall not rely on any knowledge or understanding you may have of any such Purchase Agreement in
ascertaining or performing your duties as escrow holder. In connection with any loan transaction, you are authorized to deliver
a copy of any Purchase Agreement, supplement or amendment deposited with you, to the lender. You are authorized and
instructed to furnish to any broker or lender identified with this transaction, or anyone acting on behalf of such tender, any
information concerning this escrow, copies of all instructions, amendments and statements upon request.
9. You shall make no physical inspection of the real property or personal property described in any instruments deposited in,
or which is the subject of this escrow. You have made no representations or warranties concerning any such real property or
personal property and are not to be concerned with nor liable for the condition of real property or personal property.
10. The parties authorize the recordation of any instrument delivered through this escrow if necessary or proper for the
issuance of the required policy of title insurance or for the closing of this escrow. Funds, instructions or instruments received
in this escrow may be delivered to, or deposited with, any title insurance company or title company to comply with the terms
and conditions of this escrow.
11. If the date by which any party's performances are due shall be other than your regular business day, such performances
shall be due on your next succeeding business,day.
12, You shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property
through this escrow. Should the parties desire that you conduct a lien or title search of personal property, the parties
requesting the same shall deliver separate and specific written escrow instructions to you along with an agreement to pay your
additional escrow fees.
13. You shall not be responsible in any way whatsoever nor are you to be concerned with any question of usury in any loan or
encumbrance, whether new or of record, which may arise during the processing of this escrow.
14. The parties agree to deliver to you all documents, instruments, escrow instructions and funds required to process and close
this escrow in accordance with its terms.
15. You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by the
parties, which title condition shall be evidenced by that shown in the policy of title insurance secured from the title company
selected by the parties, on which you may rely. You are not responsible for the contents or accuracy of any beneficiary
demands and/or beneficiary statements delivered to you by the existing lienholders.
You are not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any
loan documents obtained by any party in connection with this escrow except to order such loan documents into the escrow tile,
transmit the loan documents to Buyer for execution and transmit the executed loan documents to tender. The parties
understand and agree that you are not involved nor concerned with the approval and/or processing of any loan or the contents
and effect of loan documents prepared by a lender.
16. Any pro -ration of rentals is to be based on rental statement handed you by the Seller/Grantor. You are to consider that
Seller/Grantor will collect all rents which fall due prior to the close of escrow, unless he instructs you in writing to the
contrary. No adjustment against the Buyer/Grantee on uncollected rents is to be made. Any pro -ration of taxes is to be based
on latest tax statement available. You are not responsible for any personal property tax and/or supplemental taxes which may
be assessed to the Seller/Grantor or any former owner of the property described herein, nor for the corporation or license tax of
any corporation as former owner. if this escrow provides for the transfer of water stock at close of escrow, unless otherwise
stated herein, all encumbrance holders at close of escrow shall be named as pledgee, as their interests appear, and said stock,
upon reissue after close of escrow, is to be delivered to the first pledgee, and if no pledgee to the new record owner.
ADDITIONAL. INSTRUCTIONS ATTACHED HERETO AND MADE A FART HEREOF
My initials below represent my agreement and acknowledgment of the foregoing.
Seller Initials: _ Buyer Initials:
Page 3
Guardian Escrow, Inc. Date: July 25, 2001
Escrow No.: 18178 JB
17. The parties expressly indemnify and hold you harmless against third -party claims for any fees, costs or expenses where you
have acted in good faith, with reasonable care and prudence and/or in compliance with these escrow instructions.
18. The Federal Tax Reform Act of 1986, as amended, and the California Revenue & Taxation Code, require certain
transactions to be reported to the Internal Revenue Service and the California State Franchise Tax Board. In those transactions
Seller will furnish a correct tax identification number to you so you can report this transaction as required by law. Seller
understands that Seller may be subject to civil or criminal penalties for failure to do so. If requested, you are authorized to
furnish the Buyer with a copy of Seller's completed State of California Franchise Tax Board Withholding Exemption
Certificate and Nonresident Waiver Request for Real Estate Sales Form 597-W, or other applicable State of California
Franchise Tax Board Withholding Execption Certificate furnished by Seller.
19. The parties agree that you have the responsibilities of an Escrow Holder only and there are no other legal relationships
established in the terms and conditions of the escrow instructions. In connection with this escrow: (1) you shall have no duty
or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving
any of the subject real property or personal property; (2) you shall have no responsibility or duty to disclose any benefit,
including, but not limited to financial gain, realized by any person, firm or corporation involving any of the subject real
property or personal property; and (3) you shall have no responsibility or duty to disclose any profit realized by any person,
firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other
escrow, in connection therewith, although such other transaction may be handled by you in this escrow or in another escrow
transaction. If, however, you are instructed in writing by any party, Lender or other entitled person to disclose any sale,
resale, loan, exchange or other transaction involving any of the subject real property or personal property or any profit
realized by any person, firm or corporation to any party to this escrow, you shall do so without incurring any liability to any
party. You shall not be liable for any of your acts or omissions done in good faith nor for any claims, demands, losses or
damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful
neglect or gross misconduct.
20. Parties acknowledge that pursuant to the California Revenue & Taxation Code a Change of Ownership Report is required
by the county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of
title. The Change of Ownership Reports shall be furnished by you to the applicable parties for completion and execution.
Parties are aware that if forms are not completed in full, signed and returned to you prior to closing, penalties will be
assessed by the county recorder. If any Change of Ownership Report is not filed after the close of escrow within the time limits
set forth by the county recorder, or the report is rejected by the county recorder for any reason, severe penalties will be
assessed. Escrow holder's responsibility with regard to the Preliminary Change of Ownership Report(s) is limited to its
delivery of same, as deposited by the parties, to the title company named in this escrow.
For information and assistance in completing the Change of Ownership form, Buyer may contact the County Recorder and
Assessors offices in the county in which the subject property is located.
21. The parties shall cooperate with you in carrying out the escrow instructions they deposit with you and completing this
escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions,
authorizations, or other items that are necessary to enable you to comply with demands made on you by third parties, to secure
policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. Should you, before or
after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of
any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue
any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to
conuuence or defend any actions or proceedings for the determination of such conflict. The parties hereto jointly and severally
agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you,
arising out of, connected with, or incidental to this escrow, including but without limiting the generality of the foregoing, a
suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and
discharged from all obligations further to perform any and all duties imposed upon you in this escrow.
ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF
My initials below represent my agreement and acknowledgment of the foregoing.
Seller Initials: _ Buyer Initials
Page 4
Guardian Escrow, Inc. q Date: July 25, 2001
Escrow No.: 18178-JB
In consideration of your undertaking to act hereunder, I agree to pay, when called upon by you so to do, for all services
performed for me, together with all charges, expenses, and costs incurred or paid for me by you as customarily allocated,
unless the Escrow Instructions set forth hereinabove provide to the contrary. All of the parties to this escrow, jointly and
severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all
administrative governmental investigations, audit and legal fees, litigation and interpleader costs, damages, judgments,
attorneys' fees, arbitration costs and fees, expenses, obligations and liabilities of every kind (collectively "costs") which in
good faith you may incur or suffer in connection with or arising out of this escrow, whether said costs arise during the
performance of or subsequent to this escrow, directly or indirectly, and whether at trial, or on appeal, in administrative action,
or in an arbitration. You are given a lien upon all the rights, titles and interests of the parties and all escrow papers and other
property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. You may deduct
from my net proceeds any amount I may owe you in any other matter. If the parties do not pay any fees, costs or expenses due
you under the escrow instructions or do not pay for costs and attorneys' fees incurred in any litigation, administrative action
and/or arbitration, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to
collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial, on appeal or in arbitration.
22. All notices, demands and instructions must be in writing. No notice, demand, instruction, amendment, supplement or
modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually
executed by all parties. All escrow instructions may be executed in counterparts, each of which shall be deemed an original
regardless of the date of its execution and delivery. All such counterparts together shall constitute the same document.
Tile parties acknowledge and understand that you, as escrow holder, are not authorized to practice the law nor do you give
financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these escrow
instructions. The parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences,
financial effects or tax consequences of the escrow instructions.
23. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may
be entitled, the parties, jointly and severally, agree that if this escrow is not consummated within ninety (90) days of the date
set for closing, you are instructed to, and without further instructions, withhold your escrow hold open fee of $50.00 per
month from the funds on deposit with you regardless of who deposited such funds. The parties, jointly and severally, further
agree that if you are, for any reason, required to hold funds after close of escrow, you are instructed to, and without further
instructions, withhold an escrow fee of $50.00 per month from the funds on deposit with you regardless of who deposited such
funds. The parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on
deposit have been disbursed.
24. If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any
extension thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to_time, have been complied
with, unless written demand shall have been made upon you not to complete it. Your escrow -holder agency shall terminate six
(5) months following the date last set for close of escrow and shall be subject to - earlier termination by receipt by you of
mutually executed cancellation instructions. If this escrow has not closed or cancelled within the prescribed six-month period,
you shall have no further obligations as escrow holder except to disburse funds and documents pursuant to written escrow
instructions or to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served
order from a court of competent jurisdiction.
The parties, jointly and severally, agree that if this escrow cancels or is otherwise terminated and not closed, the parties shall
pay for any costs and expenses which you have incurred or have become obligated for under these escrow instructions,
including, but not limited to, attorneys' fees, arbitration fees and costs and reasonable escrow fees for the services rendered by
you; the parties agree that such costs and expenses shall be paid and deposited in escrow before any cancellation or other
termination of this escrow is effective. The parties agree that said charges for expenses, costs and fees may be apportioned
between Buyer and Seller in a manner which, in your sole discretion, you consider equitable, and that your decision will be
binding and conclusive upon the parties. Upon receipt of mutual cancellation instructions or a final order or judgment of a
court of competent jurisdiction with accompanying writs of execution, levies or garnishments, you are instructed to disburse
the escrow funds and instruments in accordance with such cancellation instruction, order or judgement and accompanying writ
and this escrow shall, without further notice, be considered terminated and cancelled.
25. If any check submitted to you is dishonored upon presentment for payment, you are authorized to notify all parties to the
within escrow, their respective real estate brokers/agents and any other person or entity you deem, in your sole discretion,
necessary to notify.
ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF
My inidi ds below represent my agreement and acknowledgment of the foregoing.
Seller Initials: _ Buyer Initials:
Page 5
Guardian Escrow, Inc. Date: July 25, 2001
Escrow No.: 18178-JB
26, The parties agree to release you from any and all liability of any kind or nature and to indemnify you from any loss,
damages, claims, judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or
toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or
discharge is in violation of law, in excess of any state and federal standards, permit requirements and/or disclosure
requirements existing at this time or which may exist at a future time. The parties represent that they made their own
assessment of the condition of the subject property and have not .relied on any of your representations in making the
assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks
associated with potential hazardous or toxic wastes.
27. All parties to this escrow understand and agree that the title company named in these escrow instructions has been selected
by the parties. All parties understand and agree Guardian Escrow, Inc. assumes no responsibility for any loss or delay
encountered in the delivery of the loan funds to escrow holder, nor with the payoff of any existing loans and encumbrances, by
the said title company; Guardian Escrow, Inc., is hereby held to be harmless as to any such loss or delay.
28. All parties acknowledge being advised that Jeri Bray: (1) is an escrow officer and the general manager of Guardian
Escrow, Inc., and (2) is an officer and stockholder of Guardian Escrow, Inc., and Inland Brookside Services, Inc., each
California corporations.
29. In these escrow instructions, wherever the context so requires, the masculine gender includes the feminine and/or neuter
and the singular .number includes the plural.
30. The legal descriptions(s), street address(es), if any, and assessor parcel number(s) set forth in this escrow have been
furnished by the Seller/Grantor and approved by the Buyer/Grantee, on which you may rely.
31. You are authorized to destroy or otherwise dispose of any and all documents, papers escrow instructions, correspondence
and records or other material constituting or pertaining to this escrow at any time after five (5) years from the date of: (1) the
close of escrow: (2) the date of cancellation: or (3) the date of the last activity; all without liability and without further notice
to the parties.
GUARDIAN ESCROW, INC., A CALIFORNIA CORPORATION IS LICENSED AS AN ESCROW AGENT BY THE
DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA.
ALL PARTIES TO THIS TRANSACTION, JOINTLY AND SEVERALLY, ACKNOWLEDGE RECEIPT OF A
COMPLETE COPY OF THE WITHIN ESCROW INSTRUCTIONS AND BY OUR SIGNATURES SET FORTH
BELOW, ACKNOWLEDGE THAT WE HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS CONTAINED HEREIN, IN THEIR ENTIRETY.
ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF
My initials below represent my agreement and acknowledgment of the foregoing.
Seller Initials: _ Buyer Initials:
.Page 6
Guardian Escrow, Inc.
Date: July 25, 2001
Escrow No.: 18178-JB
Buyer's Signature:
CITY OF REDLANDS, a municipal
corporation
By: (5 `
PAT GILBREATH, Mayor
ATTEST:
city Jerk, Gty R dlands
Address: c/o Tom Fujiwara, Asst Public Works Director, P. O. Box 3005 Redlands, CA 92373
The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred
in by me. I will hand you necessary documents called for on any part to cause title to be shown as set out herein, which you
are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein
provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not
this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments,
taxes, and any liens of record, including prepayment penalties, if any, to show title as called for.
Seller's Signatures:
JAMES W. BARTON
Address: 115 N. Church Street, Redlands, CA 92374
- - END OF INSTRUCTIONS - -
Page 7
Escrow No. 18178-JB
Exhibit "A"
THAT PORTION OF THAT
ED RECORDED APRIL 6, 1994, AS
SINGLE MAN, BY DE INSTRUMENT NO.. 94 6 926, OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
SAID PORTION BEING THE EASTERLY 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 6, REVISED MAP OF ARCADIA ADDITION, IN THE CITY OF REDLANDSIN BOOK , COUNTY MAP OF PAGE
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
37, RECORDS OF SAID COUNTY.
NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND
SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID
LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE
OF CALIFORNIA.