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HomeMy WebLinkAboutDeeds & Easements_8-1997E6 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: June 5, 1997 t?scruw Officer: Dellise Casey, CSEO Escrow Number: 15693-DC City of Redlands, a municipal corporation, (hereinafter referred to as Buyer) agree to purchase from Esther J. Schott, Trustee of the Esther J. Schott Trust of 1997 , (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 into Escrow the sum of To Complete the Total Consideration of 7,300,00 $ 7,300.00 Furthermore, Me, 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 July 5, 1997, provided you hold a Policy of Title insurance issued through Commonwealth Land Title Co. (the title company selected by the parties), with the usual title company's exceptions, with a liability of not less than $7,300.00, covering property in the County of San Bernardino , State of California, described as follows: That porfion of Parcel No. 2 of Parcel Map No. 5659, in the City of Redlands, County ol, San Bernardino, State of California, more particularly described in Exhibit "A" aftached hereto and made a part hereof. COMMONLY KNOWN AS: Vacant, Redlands, CA 92374 ASSESSOR PARCEL NUMBER(S): Portion of 169-281-34 SHOWING TITLE VESTED IN: City of Redlands, a municipal corporation SUBJECT ONLY TO: (1) Current property taxes. (2) A lien of supplcmelztal taxes, if any, assessed pursuant to tite 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 file, 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 I . The undersigned Buyer and Seller acknowledge having received, read and approved a copy of the preliminary report issued by Commonwealth Land Title Co. in its Order No. 3704275-92, dated as of May 21, 1997, covering the subject property. Items A, B. I & 2, as set forth in this 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. 2. Seller will furnish a copy of Seller's Trust Agreement together with a Trust Certification as to the status of said trust, copies of which are to be delivered to Commonwealth Land Title Co.. 3. 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. 4. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. 5. Regardless of printed instructions contained herein to the contrary, all fees, costs and charges in this escrow will be paid by ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF Aly initials below represent my agreement and acknowledgm 7Pme foregoing. Buyer Initials: Page I Guardian Escrow, Inc, Date: ,June 5, 1997 Escrow No.: 15693-DC Buyer, including but not limited to title policy fee, escrow fee, 1099 reporting fees notarizing and recording documents. , reconveyance fees and costs of preparing, 6 • There are to be no adjustments or prorations between the parties in this escrow, PARTIES ARE AWARE THAT DUE TO PROVISIONS OF PROPOSITION 13 AND SENATE BILL 813 (1983), STATE OF CALIFORNIA, THERE MAY BE SUPPLEMENTAL TAX BILLS IN THE PROCESS OF BEING ISSUED DUE TO ANY RECENT CONSTRUCTION OR CONVEYANCE OF SUBJECT PROPERTY, AND IN ALL PROBABILITY THERE WILL BE A SUPPLEMENTAL BILL ISSUED DUE TO THIS CONVEYANCE. ESCROW HOLDER CANNOT ASCERTAIN AND WILL NOT BE CONCERNED WITH ANY SUCH MATTERS IN THIS TRANSACTION. 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" escrow holder shall have no responsibility therefor and shall not be concerned therewith. Documentary Transfer Tax escrow", as be computed on full value of property conveyed (or full value less retraining 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 loss 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 yott 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. 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. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MAPEA PART HEREOF' My initials below represent my agreement and acknowledgme the foregoing. Buyer Initials: Page 2 Guardian Escrow, Inc. Date: ,June 5, t997 Escrow No.: 15693-DC 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 dutics 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 lender, 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 [lie 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 file, transmit the loan documents to Buyer for execution and transmit the executed loan documents to Iender. 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. 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. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF Afy initials below represent ►ny agreement and acknowledgme t the foregoing. Buyer Initials: Page 3 Guardian Escrow, Iuc• Date: June 5, 1997 Escrow No.: 15693-DC 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. 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 ally of the parties to Illis escrow of glny sate, 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, f rm 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 tine 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 file title company named in this escrow. For information and assistance in completing the Change of Ownership Dorm, 13uyer [,lay coutacl the County Recorder arc) Assessors offices ill 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 continence 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 spit to 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. In consideration of your undertaking to act hereunder, I agree to pay, when caIIed 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 written instructions herein 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 tine 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 net proceeds any amount I may owe you ill any other matter. If the parties do npay any fees, costs or expenses due you not my 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. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF MY initials helow represent my agreement and acknowledgme o he foregoing. Buyer Initials: Page 4 Guardian Escrow, Inc. Date: June 5, 1997 Escrow No.: 15693-DC The 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 lye cntilled, the parties, ,jointly and severally, agree that if this escrow is not consummated within ninety (90) days of [lie 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 (hereof, you are lievertheless to complete the escrow as soon as the conditions, except as to time, have been complied With, unlass written demand shall have been made upon you not to complete it. Your escrow -holder Agency shall terminate six (6) 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 lint limited to, attorneys' fees, arbitration fees and costs and reasonable escrow fees for the services rendered by you; the parties agree that such costs ,ind expenses shall be paid and deposited in escrow before any cancellation or other lernlinalioll of this escrow is effective. The parties agree that said charges for expenses, costs and Ices rtlay 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 judgement of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments, you are instructed to disburse file 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. 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 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(cs), 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. ADDITIONAL, INSt'RUCTiONS ATTACHED HERETO AND MADE A PART HEREOF lify initials below represent ray agreement and acknowledgme o he foregoing. Buyer Initials: Page 5 Guardian Escrow, Inc. Date: June 5, 1997 Escrow No.: 15693-DC 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 rive (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 IIAVE READ, UNDERSTTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, IN THEIR ENTIRETY. Buyer's Signature: City of Redlands, a municipal corporation B S► en Larson, yor, Att t: ittiii ity dl, nds Address. At Pettus, 1". O. 13ox 3005 Redlands, CA 92373 The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by tile. I will hand you necessary documents called for on my 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: Esther J. Schott, Trustee of the Esther J. Schott Trust of 1997 Address: 11448 Terracina, Redlands, CA 92373 = - END OF INSTRUCTIONS - - Page 6 EXHIBIT "A" That portion of Parcel No. 2 of Parcel Map No. 5659, as recorded in Parcel Map Book 53, pages 90 and 91, records of said County, described as follows: Commencing at the centerline intersection of Eureka Street and the westerly prolongation of the north line of Parcel No. 2 of Parcel Map No, 14891, as recorded in Parcel Map Book 181, pages 86,87 and 88, records of said County, said point being an angle point in the boundary line of said Parcel Map No. 14891; thence north 89046' 37" cast along the northerly boundary of said Parcel Map No. 14891 49.82 feet to an intersection with the east right-of-way line of Eureka Street as shown by said Parcel Map, said point being the northwest comer of said Parcel No. 2 of said Parcel Map, said point being also on a curve concave to the east and having a radius of 360.00 feet; thence northerly along said curve from an initial tangent that bears north 40 20' 30" west with a radius of 360.00 feet through a central angle of4° 03' 25" an arc distance of 25.49 feet; thence north 00" 17' 05" west 14.16 feet to the true point of beginning; thence continuing north 000 17' 05" west 52.99 feet to a tangent curve concave to the west and having a radius of 450.66 feet; thence northerly along said curve through a central angle of 6" 11' 49" an arc distance of 48.74 feet; thence north 6028' 54" west 28.89 feet to a tangent curve concave to the southeast and having a radius of 25.00 feet; thence northeasterly along said curve through a central angle of 96. 11' 0 1 " an arc distance of 41.97 feet to a point which is 00. 17' 53" east 27.00 feet from the centerline of Stuart Avenue; thence north 89. 42' 07" east parallel with the centerline of said Stuart Avenue 10.00 feet; thence north 000 17' 53" west 27.00 feet to a point on the centerline of said Stuart Avenue, thence south 890 42' 07" west along the centerline of said Stuart Avenue 93.08 feet to an intersection of said Stuart Avenue and the existing centerline of Eureka Street; thence south 06" 28' 54" east along the centerline of said Eureka Street 89.54 feet to a tangent curve concave to the west and having a radius 398.66 feet; thence southerly along said curve through a central angle of 6" 1 l' 49" an arc distance of43.12 feet; thence south 000 1705" east along the centerline of said Eureka Street 43.03 feet to a tangent curve concave to the east and having'a radius of 399.79 feet; thence along said curve through a central angle of 1.25' 43" an arc distance of 9.97 feet to a point which is south 89.42' 12" west 51.88 feet from the point of beginning; thence north 89" 42' 12" east 51.88 feet to the point of beginning. Excepting therefrom any portion of Eureka Street or Stuart Avenue previously dedicated to the City of Redlands. r'- 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, Redlands, CA 92374 Escrow No.: 15693-DC I. •fIIE UNDERSIGNED BUYERS AND SELLERS HEREIN ACKNOWLEDGE THAT IN COMPLIANCE WITH CALIFORNIA STATE LAW, THIS ESCROW WILL NOT CLOSE, NOR WILL DOCUMENTS BE RECORDED, UNTIL BUYER'S FUNDS, INCLUDING NEW LOAN PROCEEDS, HAVE BEEN COLLECTED, AS DEFINED BY LAW. 2. PER DIEM INTEREST WILL BE CHARGED TO SELLER BY THEIR LENDER UNTIL THE DATE LENDER RECEIVES PAYOFF FUNDS (or as directed in lender's demand statement) AND PER DIEM INTEREST WILL BE CHARGED TO BUYER BY THEIR LENDER FROM DATE OF FUNDING. IN THE EVENT BUYER ORIGINATES A NEW FI1A-INSURED LOAN OR VA -GUARANTEED LOAN, THE BORROWER (BUYER) MAY ONLY BE CHARGED INTEREST FROM THE DATE OF RECORDING PER GOVERNMENT REGULATIONS: THEREFORE, THE LENDER MAY REQUIRE THE SELLER BE CHARGED WITH INTEREST FROM THE DATE OF FUNDING TO THE DATE OF RECORDING. 3. IN THE EVENT THE TITLE COMPANY DOES NOT HOLD SUFFICIENT FUNDS TO PAY ALL LIENS AS REQUIRED, ESCROW HOLDER IS HEREBY AUTHORIZED TO DISBURSE FUNDS EQUAL TO THE DEFICIT TO T'11E TITLE COMPANY AFTER BUYER'S FUNDS ARE CLEARED BY THE BANK AND PRIOR TO RECORDING. a. TO MINIMIZE DELAYS IN RECORDING, ALL CLOSING DEPOSITS TO ESCROW SHOULD BE: a. IN THE FORM OF A BANK CASHIER'S CHECK MADE PAYABLE TO GUARDIAN ESCROW, INC. OR h. NVIRED 'TRANSFERRED 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. 15693-DC (MAKE CERTAIN WIRE TRANSFER REFERENCES NAME OF DEPOSITOR) THE UNDERSIGNED 14EREIN ACKNOWLEDGES RECEIPT OF A COPY OF THE ABOVE NOTICE. Esther J. Schott, Trustee of the Esther J. Schott Trust of 1997 City of Redl ds, a municipal corporatio S en Larson, Mayor i est:, Ci Clerk Guardian Escrow, Inc. �:" J 'tl - 101 East Redlands Blvd., Suite 180 >> Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 NOTICE AND DISCLOSURE Property: Vacant, Redlands, CA 92374 Escrow No.: 15693-DC 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: I . 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 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). 1 iowever, 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: I . 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 Seiler, 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 hercin, 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(q) acknowledge that if all of the above conditions are met, the Seller(s) may apply for a Withholding Certificate to waive all or it 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 (916) 845-4900 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 [Ile 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 anv event, if all of the above withhold conditions are inet and instructions are received from the Buyer to withhold, this escrow will 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. Esther J. Schott, Trustee of the Esther J. Schott Trust of 1997 City of Redlands, a municipal SAN BERNARDINO COUNTY ASSESSOR 172 W. THIRD STREET SAN BERNARDINO, CA 92415-0310 Escrow: 15693-DC PRELIMINARY CHANGE OF OWNERSHIP REPORT THIS REPORT IS NOT A PUBLIC DOCUMENT (To be completed by transferee (buyer prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. SELLER/TRANSFEROR: Esther J. Schott, Trustee BUYER/TRANSFEREE: City of Redlands, a municipal corporation ASSESSOR'S PARCEL NUMBER(S): Portion of 169-281-34 and,(if applicable) LEGAL DESCRIPTION: UNIT: LOT: TRACT: PROPERTY ADDRESS: OR LOCATION: Vacant Redlands, CA 92374 Mail Tax Information To: (Name): City of Redlands, a municipal corporation (Address): Attn: Marjie Pettus P. O. Box 3005 Redlands, CA 92373 FOR RECORDER'S USE ONLY FOR ASSESSOR'S USE ONLY CLUSTER OC1 OC2 DT INT RC SP$ DTT$ #PCL A preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all counties of 58 California. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Bernardino County Assessor. For further information on your supplemental tax roll obligation, please call the San Bernardino County Assessor at (909) 387-6740. PART I: TRANSFER INFORMATION Please answer all questions [ ]Yes [ ]No A. Is this transfer solely between husband and wife? (addition of a spouse, death of a spouse, divorce settlement, etc.) [ ]Yes [ ]No B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property? (For example,a name change upon marriage.) [ ]Yes [ ]No C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? [ ]Yes [ ]No D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g. consigner)? [ ]Yes [ ]No E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or similar document? [ ]Yes [ ]No F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? [ ]Yes [ ]No G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: [ ]Yes [ ]No 1. to a trust for the benefit of the grantor, or grantor's spouse? [ ]Yes [ ]No 2. to a trust revocable by the transferor? [ ]Yes [ JNo 3. to a trust from which the property reverts to the grantor within 12 years? [ ]Yes [ ]No I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options: [ ]Yes [ ]No J. Is this a transfer from parents to children or from children to parents? [ ]Yes [ ]No K. Is this transaction to replace a principal residence by a person 55 years of age or older? [ JYes [ ]No L. Is this transaction to replace principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? If you checked yes to J, K, or L, an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J, K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FORM. PART H: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date: B. Type of transfer. Please check appropriate item. [ ]Purchase [ ]Foreclosure [ ]Gift [ ]Trade or Exchange [ ]Merger, Stock, or Partnership Acquisition [ ]Contract of Sale - Date of Contract [ ]Inheritance - Date of Death [ J Other (please explain): [ ]Creation of a Lease [ ] Assignment of a Lease [ ]Termination of a Lease Date Lease Began Original term in years (including written options) Remaining term in years (including written options) C. Was only a partial interest in the property transferred? [ ]Yes [ ]No If 'Yes' indicate the percentage transferred: AS-SV25 SBE-ASD AH 502-A FRONT 1-8-92 °s PRELIMINARY CHANGE OF OWNERSHIP REPORT" Escrow: 15693-DC Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with 'N/A'. PART III: PURCHASE PRICE & TERMS OF SALE A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost) Amount $ B. FIRST DEED OF TRUST 0 % Interest for years. Payments/Mo.=$ (Prin. & Int.) Amount $ [ ] FHA [ ] Fixed Rate [ ] New Loan [ ] Conventional [ ] Variable Rate [ ] Assumed Existing Loan Balance [ ] VA [ ] All Inclusive D.T. $ Wrapped) [ ] Bank or Savings & Loan [ ] Cal -Vet [ ] Loan Carried by Seller [ ] Finance Company Balloon Payment [ ] Yes [ ] No Due Date Amount $ C. SECOND DEED OF TRUST ® Yo Interest for years. Payments/Mo. =$ (Prin. & Int.) Amount $ [ ] Bank or Savings & Loan [ ] Fixed Rate [ ] New Loan [ ] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment [ ] Yes [ ] No Due Date Amount $ D. OTHER FINANCING - Is other financing involved not covered in (B) and (C) above? [ ] Yes [ ] No Amount $ Type ® % Interest for years. Payments/Mo.= $ (Prin. & Int. only) [ ] Bank or Savings & Loan [ ] Fixed Rate [ ] New Loan [ ] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment [ ] Yes [ ] No Due Date Amount $ E. IMPROVEMENT BOND[ ] Yes [ ] No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid). Total Items A through E I $ G. PROPERTY PURCHASED: [ ] Through a broker: [ ] Direct from seller: [ ]Other If purchased through a broker, provide broker's name and phone no.: Please explain any special terms or financing and any other information that would help the assessor understand purchase price and terms of sale. PART IV: PROPERTY INFORMATION A. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (other than a mobilehome subject to local property tax)? [ ] Yes [ ] No If 'Yes', enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property). B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [ ] Yes [ ] No If 'Yes', enter date of occupancy I 19_ or intended occupancy I 19 month day month day C. TYPE OF PROPERTY TRANSFERRED: [ ] Single -Family Residence [ ] Agricultural [ ] Timeshare j ] Multiple -family residence (no. of Units: ) [ ] Co-op/Own-your-own [ ] Mobilehome [ ] Commercial/Industrial [ ] Condominium [ ] Unimproved lot [ ] Other (Description: D. DOES THE PROPERTY PRODUCE INCOME? ( )Yes ( )No E. IF THE ANSWER TO QUESTION 'D' IS YES, IS THE INCOME FROM: [ ] Lease/Rent [ ] Contract [ ] Mineral Rights [ ] Other -explain F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? [ ] Good [ ] Average [ ] Fair [ ] Poor Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the property such as the physical condition of the property, restrictions, etc. that Wforegoing is correct andI771Wlete to the best of my knowledge and belief. Date June 20, 199, Please Print Name of New Owner/Corporate Officwen n Ma or • Lorrie Po zer Ci t Clerk Phone Number where you are available from 8:00 a. m. - 5:00 p. m. ( 9 0 9 ) 7 9 8 — 7 5 4 5 — (NOTE: The Assessor may contact you for further information) IF A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS PRESENTED TO THE RECORDER FOR RECORDATION WITHOUT THE CONCURRENT FILING OF A PRELIMINARY CHANGE OF OWNERSHIP REPORT, THE RECORDER MAY CHARGE AN ADDITIONAL RECORDING FEE OF TWENTY DOLLARS ($20.00). AS-SV25 SBE-ASD All 502-A BACK 1-8-92 Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 AMENDED ESCROW INSTRUCTIONS Escrow No. 15693-DC Re: Vacant,_ Redlands, CA 92374 To: Guardian Escrow, Inc. - Denise Casey, CSEO Date August 20. 1997 MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED AND/OR SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: I The legal description of the property to be conveyed through this escrow is hereby amended to read: That portion of Parcel No. 2 of Parcel Map No. 5659, in the City of Redlands, County of San Semardino, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof. 2 Escrow holder is authorized and instructed to correct the Grant Deed and/or the Note and Deed of Trust, as applicable, over signatures accordingly. ALL OTHER TERMS AND CONDMONS REMAIN UNCHANGED. All parties signing this instruction acknowledse receipt of a copy of same. • SELLER(S): Esther J. Schott, Trustee of the Esther J. Schott Trust of 1997 BUYER(S): City of Redlands, a municipal corporation v: ' '�— Swen Larson. Mayor Attest: Ci y C rk Escrow No. 15693-DC Exhibit "A" That portion of Parcel No. 2 of Parcel Map No. 5659, City of Redlands, County of San Bernardino. State of California, as recorded in Parcel Map Book 53, pages 90 and 91, records of said County, described as follows: Commencing at the centerline intersection of Eureka Street and the westerly prolongation of the north line of Parcel No. 2 of Parcel Map No. 14891, as recorded in Parcel Map Book 181, pages 86, 87 and 88, records of said County, said point being an angle point in the boundary line of said Parcel Map No. 14891; thence north 897 degrees 46' 37" east along, the northerly boundary of -said Parcel IVi:ap No. 14891 49.82 feet to an intersection with the east right-of-way line of Eureka Street as shown by said Parcel Map, said point tieing the northwest corner of said Parcel No. 2 of said Parcel Map, said point being also on a curve concave to the east and having a radius of 360.00 feet; thence northerly along said curve from an initial tangent that bears north 4 degrees 20' 30" west with a radius of 360.00 feet through a central angle of 4 degrees 03' 25" an arc distance of 25.49 feet; thence north 00 degrees 17' 05" west 14.16 feet to the true point of beginning; thence continuing north 00 degrees 17' 05" west 52.99 feet to a tangent curve concave to the west and having a radius of 450.66 feet; thence northerly along said curve through a central angle of 6 degrees 11' 49" an arc distance of 48.74 feet; thence north 6 degrees 28' 54" west 4 28.89 feet to a tangent curve concave to the southeast and having a radius of 25.00 feet; thence northeasterly along said curve through a central angle of 96 degrees I 01 " an arc distance of 41.97 feet to a point which is north 00 degrees 17' 53" east 27.00 feet from the centerline of Stuart Avenue: thence north 89 degrees 42' 07" east parallel with the centerline of said Stuart Avenue 10.00 feet; thence north 00 degrees 17' 53" west 27.00 feet to a point on the centerline of said Stuart Avenue; thence South 89 degrees 42' 07" west along the centerline of said Stuart Avenue 93.08 feet to an intersection of said Stuart Avenue and the existing centerline of Eureka Street; thence south 06 degrees 28' 54" east along the centerline of said Eureka Street 89.54 feet to a tangent curve concave to the west and having a radius 398.66 feet; thence southerly along said curve through a central angle of 6 degrees 11' 49" an arc distance of 43.12 feet; thence south 00 degrees 17' 05" east along the centerline of said Eureka Street 43.03 feet to a tangent curve concave to the east an having a radius of 399.79 feet; thence along said curve through a central angle of 1 degree 25' 43 " an arc distance of 9.97 feet to a point which is south 89 degrees 42' 12" west 51.88 feet from the point of beginning; thence north 89 degrees 42' 12" east 51.88 feet to a point of beginning. Excepting therefrom any portion of Eureka Street or Stuart Avenue previously dedicated to the Cite of Redlands.