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Contracts & Agreements_34-2007
AGREEMENT FOR PURCHASE AND SALE OF AN EASEMENT This Agreement foi Purchase and Sale of an Easement ("Agreement") is made and entered into this 20th day of February, 2007 ("Effective Date") by and between JOHN R HYMAN AND BARBARA A HYMAN, husband and wife, as joint tenants as to undivided 1/2 interest and JAMES L DICKERSON AND JEANNE E WEISS as undivided 1/2 interest as tenants in common (collectively, "Grantor") and the City of Redlands, a municipal corporation ("Grantee") Grantor and Grantee are each sometimes individually referred to herein as a "Party" and collectively as the "Parties " RECITALS A Grantoi owns certain real property located at 1549 West Redlands Blvd , Redlands, California, bearing County of San Bernardino Assessor's Parcel No 0292-182-15 (the "Property") B Grantee desires to purchase a permanent easement in a portion of the Property and Grantoi desires to sell and convey an easement in a portion of the Property as described in Exhibit "A" and depicted in Exhibit "B," both of which are attached hereto (the "Easement") C The Parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Easement In consideration of the mutual promises contained herein, the Parties agree as follows AGREEMENT 1 PURCHASE Grantee shall buy and Grantoi shall sell and convey the Easement, for the purchase price and upon the terms and conditions hereinafter set forth 2 ESCROW Within ten (10) days of the Effective Date of this Agreement, Grantee shall open an escrow (the "Escrow") with First American Title Company (the "Escrow Holder") for the purpose of consummating the purchase and sale of the Easement The Parties shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate this transaction Any such instructions shall not conflict with, amend or supersede any provision of this Agreement If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the Parties agree in writing otherwise The Escrow Instructions shall include the following terms and conditions of sale 2 1 Purchase Price The total purchase price for the Easement shall be the sum of Twenty -Four Thousand Seven Hundred Dollars ($24,700) (the "Purchase Price"), which shall be paid by Grantee to Grantoi through Escrow Holder in cash at Close of Escrow 1 2 2 Close of Escrow Escrow shall close on or before ninety (90) days following the Effective Date of this Agreement (the "Close of Escrow") If the Escrow is not in a condition to close by the Close of Escrow, any Party who is not then in default may, in writing, demand the return of its money and/or documents Thereupon, subject to the provisions of Section 3 hereof, all obligations and liabilities ofthe Parties under this Agreement shall cease and ternninate If no such demand is made, the City Manager of Grantee may, by written instrument to Escrow, authorize an extension ofthe Escrow Escrow shall be closed as soon as possible 2 3 Condition of Title to the Easement Grantoi shall convey title to the Easement to Grantee as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a title insurance company to be selected by Grantee in an amount equal to the Purchase Price The Title Policy shall show as exceptions with respect to the Easement only matters approved in writing by Grantee Any exceptions to title representing monetary hens or encumbrances are hereby disapproved by Grantee, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance or subordination, as the case may be, of any such monetary exceptions to Grantee's title to the Easement at or prior to the Close of Escrow 2 4 Escrow and Closing Costs Grantee shall pay the cost of the Title Policy, all Escrow fees (including reconveyance fees, trustee's fees or forwarding fees for any partial reconveyance or subordination of a deed of trust or mortgage), and all recording costs incurred herein All Parties acknowledge that Grantee is exempt from payment of documentary transfer taxes 2 5 Investigations Prior to the Close of Escrow, Grantee may, at its option, conduct, at Grantee's expense, any and all investigations, inspections, surveys and tests of the Property including, without limitation, soils, groundwater, wells, percolation, geology, environmental, drainage, engineering and utilities investigations, inspections, surveys and tests, which Grantee determines, in its sole discretion, are required to ascertain the suitability of the Easement for Grantee's intended use If Grantee determines that the Easement is not suitable for its intended use, Grantee may terminate this Agreement as provided in Section 2 2 hereof Grantor hereby grants to Grantee, and Grantee's employees, representatives, agents and independent contractors, a license to enter the Property for purposes of conducting such investigations, inspections, surveys and tests Grantee shall repair any damage to the Property resulting from such investigations, inspections, surveys and tests conducted by Grantee or Grantee's employees, representatives, agents or independent contractors Grantee's approval of any of such investigations, inspections, surveys 01 tests shall not alter or diminish Grantor's representations or warranties under this Agreement, and Grantor acknowledges and agrees that Grantee is relying upon Grantor's representations and warranties made herein, unless such representation or warranty is specifically waived in whole or in part by Grantor 2 2 6 Deposit of Funds and Documents A Prior to Close of Escrow, Grantee shall deposit into Escrow (i) all Escrow and Closing Costs as described above, (ii) the Purchase Price to be paid to Grantor through Escrow, and (in) such other documentation as is necessary to close Escrow in conformance herewith B Prior to the Close of Escrow, Grantor shall deposit into Escrow (i) the properly executed Grant of Easement Deed conveying the Easement, a copy of which is attached to this Agreement as Exhibit "C," and (n) such other documents and sums, if any, as are necessary to close Escrow rn conformance herewith 2 7 Grantee's Conditions Precedent to Close of Escrow The Close of Escrow is subject to the following conditions (a) All representations and wan-anties of Grantor set forth rn this Agreement shall be true and correct as of the Close of Escrow, and (b) Grantor shall timely perform all obligations required by the terms of this Agreement to be performed by it 2 8 Grantor's Conditions Precedent to Close of Escrow For the benefit of Grantor, the Close of Escrow shall be conditioned upon the timely performance by Grantee of all obligations required of Grantee by the terms of this Agreement 3 POSSESSION OF EASEMENT Grantee may take possession of the Easement and begin construction of the works of improvement thereon as of the Effective Date of this Agreement, prior to the Close of Escrow, if Escrow should not close for any reason, or under the conditions specified in Section 2 2 or in Section 7 hereof, Grantee shall have the right to continue in possession and construct the works of improvement, and the purchase price and terms shall be determined by agreement of the Parties, or absent an agreement, by a form of arbitration agreed to by the Parties, or if they cannot so agree, then Grantee may in its sole discretion, initiate an action in eminent domain rn which the issue will be to determine the amount of compensation to be paid 4 REPRESENTATIONS AND WARRANTIES OF GRANTOR Grantor makes the following representations and warranties, each of which shall survive the Close of Escrow (a) Grantor holds title to an indefeasible estate rn fee simple in the Property Grantor is the sole owner of the Property and has good, absolute and marketable title to the Property and has full power and authority to own and sell and convey the .Easement over, under and/or through the Property to Grantee and to enter into and perform its obligations pursuant to this Agreement, 3 (b) The execution and delivery of this Agreement by Grantor, Grantor's performance hereunder, and the consummation of this transaction will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Grantor is a Party, or by which Grantor is bound, (c) Grantoi shall not entei into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property without the prior written consent of Grantee, (d) To Grantor's knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened, (e) According to Grantor's knowledge, the Property is not in violation of any federal, state oi local statute, regulation or ordinance relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions underlying the Property which could affect the Easement or its use, and neither Grantor nor any other person oi predecessor in interest has used, generated, manufactured, stored or disposed of on, under or about the Property, 01 transported to or from the Property, any flammable materials, explosives, radioactive materials, hazardous 01 contaminated materials or substances, toxic or noxious materials, substances or related materials or substances ("Hazardous Materials") For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "extremely hazardous wastes," or "restricted hazardous wastes," or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U S C sections 9601, et seq, the Hazardous Materials Transportation Act, 49 U S C sections 1801, et seq, the Resource Conservation and Recovery Act, 42 U S C sections 6901, et seq, the Federal Water Pollution Control Act, 33 U S C sections 1317, et seq, sections 25115, 25117, 25122 7, 25140, 25249 5, 25249 8, 25281, 25316 or 25501 of the California Health and Safety Code, or any substances so defined 01 stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time, (f) In the event Grantee discovers Hazardous Materials, contaminated soil and/or water in, on or under the Property, Grantor shall be solely responsible for the removal and disposal of any and all such Hazardous Materials, contaminated soil and/or water, (g) In the event Grantor fails to remove said Hazardous Materials, contaminated soil and/oi water, Grantee oi its designee shall have the right to remove and dispose of said Hazardous Materials, contaminated soil and/or water at Grantor's sole cost and expense Grantor shall immediately reimburse Grantee for costs and expenses incurred by Grantee for the removal and disposal of any Hazardous Materials, contaminated soil and/or water upon receipt of a bill or invoices therefor Grantor shall defend, indemnify and hold Grantee, its elected officials, officers, employees, consultants and agents, harmless from any and all liability, costs, fines, penalties, charges and/oi claims of any kind whatsoever related to the existence and removal of any Hazardous Materials, contaminated soil and/or water, and 4 (h) Grantor has and shall have paid before Close of Escrow any and all current and past due taxes, assessments, penalties and interest levied and assessed against the Property If not paid prior to Close of Escrow, Grantor hereby authorizes Escrow Holder to disburse to the taxing authority from funds otherwise due to Grantor an amount sufficient to discharge said taxes, assessments, penalties and interest Unless the Easement is assessed separately, Grantor shall also keep current, year -by -year, all taxes, assessments, penalties and interest levied and assessed against the Easement and the larger Property of which it is a part These representations and warranties shall survive the Close of Escrow 5 REPRESENTATIONS AND WARRANTIES OF GRANTEE A Grantee shall repair and restore any improvements or land (othei than the Easement and any improvements located thereon) belonging to Grantor that may be damaged by Grantee or Grantee's contractor during construction of the works of improvement for which the Easement is conveyed, or, at Grantee's option, pay to Grantor the market value of such improvements, provided that this Section shall not be construed to require Grantee to pay foi the use for which the Easement is intended B Grantee shall save harmless and indemnify Grantor against any and all claims, demands, suits, judgments, expenses and costs on account of injury to, or death of, persons, or loss of, or damage to, property of others incurred during or proximately caused by acts or omissions of Grantee or Grantee's contractor in the performance of any work by Grantee or Grantee's contractor to construct the works of improvement for which the Easement is conveyed 6 ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A By execution of this Agreement, Grantor, on behalf of itself and its respective successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Easement by Grantee, and Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other compensation or benefits, othei than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities or benefits of any type or nature whatsoever relating to or in connection with Grantee's acquisition of the Easement B This Agreement arose out of Grantee's efforts to acquire the Easement through its municipal authority The Parties agree that this Agreement is a settlement of claims in order to avoid litigation and shall not in any mannei be construed as an admission of the fair market value of the Easement or of the Property or of liability by any Party to this Agreement Grantor, on behalf of itself and its successors and assigns, hereby fully releases Grantee, its successors, agents, representatives, and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Grantee's efforts to acquire the Easement or to construct works of improvement thereon, or any preliminary steps thereto, except as set forth in Section 5 above Grantor further releases and agrees to hold Grantee harmless from any and all claims by reason of any leasehold interest in the Property This release shall survive the Close of Escrow 5 C Grantor expressly waives the rights afforded to Grantor under Civil Code section 1542 which provides that A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor 7 REMEDIES If Grantor defaults under this Agreement, then Grantee may, at Grantee's option, terminate the Escrow or initiate an action for specific performance of this Agreement, or pursue any other rights or remedies that Grantee may have at law or in equity If Grantee defaults under this Agreement, then Grantor may, at Grantor's option, terminate the Escrow or pursue any rights oi remedies that Grantor may have at law or in equity 8 MISCELLANEOUS A Notice Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered m person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows Grantor Grantee JOHN R and BARBARA A HYMAN JAMES L DICKERSON JEANNE E WEISS 605 VIA VISTA ROAD REDLANDS, CA 92373 City of Redlands PO Box 3005 Redlands, CA 92373 Attn City Manager Any Party hereto may, from time to time, by written notice to the other Party, designate a different address, which shall be substituted for the one specified above Any notice or other documents sent by registered oi certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other documents in the United States mail B Time of Essence Time is of the essence with respect to each and every provision hereof C Assignment Neither this Agreement, nor any interest herein, shall be assignable by any Party without prior written consent of the other Party 6 D Governing Law All questions with respect to this Agreement, and the rights and liabilities of the Parties hereto, shall be governed by and construed in accordance with the laws of the State of California E Inurement This Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors m interest, personal representatives, estates, heirs and legatees of each of the Parties F Attorneys' Fees If any action, arbitration or other proceeding is brought for the interpretation or enforcement of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with the Agreement, the successful orprevailmg Party shall be entitled to recover actual attorneys' fees and other costs it incurs in that action or proceeding, in addition to any other rehef to which it may be entitled, including fees for any in-house counsel of the Parties G Entire Agreement This Agreement contains the entire Agreement of the Parties, and supersedes any prior written of oral agreements between them concerning the subject matter contained herein There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement which are not fully expressed herein H Additional Documents The Parties agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement I No Admissions This Agreement is a compromise and settlement of outstanding claims between the Parties relating to Grantee's acquisition of the Easement and shall never be treated as an admission by either Party to the Agreement for any purpose in any judicial, arbitration or administrative proceeding between the Parties This paragraph shall not apply to any claim that one may have against the othei for breach of any provision or covenant of this Agreement J No Merger All representations, warranties, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the permanent easement K Broker Grantor and Grantee each represent and warrant to the other that no broker, agent or finder has been engaged by it in c^'viection with the transaction contemplated by this Agreement and that all negotiations relative to these instructions and this transaction have been earned out by such Party directly with the other Party without the intervention of any person in such a manner as to give rise to any valid claim against either of the Parties for a broker's commission, finder's fee or other like payment Each of the Parties shall indemnify and defend the other Party and hold it harmless from any and all loss, damage, liability or expense, including costs and reasonable attorneys' fees, which the other Party may incur or sustain by reason of or in connection with any misrepresentation 01 breach of warranty by the indemnifying Party with respect to the foregoing L Counterparts This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes 7 Attest EXECUTED on the date or dates set forth below DATED Grantor DATED �— 3 ( 7 DATED- Q //O V6 7 DATED 2 0i DATED February 20, 2007 John R Hyman Grantor VieLd Pa Barbara A. Hyman Grantor James L. Dickerson Grantor. Irrug- Grantee. By nne E Weiss CITY OF REDLANDS 8 on Harrison, Mayor RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO MrRAU, EDWARDS, CANNON & LEWIN A Professional Corporation (RWC) Post Office Box 9058 Redlands, CA 92375 DURABLE POWER OF ATTORNEY A Appointment of Attorney In Fact. 1 Appointment 1, Barbara Ann Hyman, hereby make, constitute and appoint the following to act as my attorney in fact (hereafter "agent") in the priority indicated First Vickie Lee Plunkett Second My agent shall act for me and in my name, place and stead and for my use and benefit 2 Inability or Unwillingness to Act. The inability or unwillingness to act of an above appointed agent shall be evidenced by such agent's written declination to act, or a certificate of a physician as to his or her incapacity to act, or a court order appointing a conservator for him or her, or a certified copy of his or her death certificate 3 Revocation of Prior Durable Power of Attorney I hereby revoke all of my prior durable powers of attorney, including the one signed by me on March 15, 1995 B Powers of Attorney. The agent appointed above shall have the following powers 1 Summary Powers To exercise any and all of the powers relating to a Real property transactions as specified in California Probate Code §4451 b Tangible personal property transactions as specified in California Probate Code §4452 §4453 Code §4454 U2159 001/DPA c Stock and bond transactions as specified in California Probate Code d Commodity and option transactions specified in California Probate e Banking and other financial institution transactions specified in California Probate Code §4455 f Business operating transactions as specified in California Probate Code §4456 g Code §4457 Insurance and annuity transactions as specified in California Probate h Estate, trust, and other beneficiary transactions as specified in California Probate Code §4458 Claims and litigation as specified in California Probate Code §4459 Personal and family maintenance as specified in California Probate Code§4460 k Governmental programs as specified in California Probate Code §446I 1 Retirement plan transactions as specified in California Probate Code §4462 m Tax matters as specified in California Probate Code §4463 n General matters as specified in California Probate Code §4450 2 Estate Planning Powers To exercise any and all of the following powers as to the principal's estate planning, so long as, in the agent's discretion, the actions taken are consistent with the pnncipal's estate plan a Annual Exclusion Gifts To give annually to each of the principal's children and their issue for any purpose, amounts equal to the annual federal gift tax exclusion (presently $11,000 per donee under Internal Revenue Code section 2503(b)) All such gifts may be made outright, in trust, or to any legal guardian or custodian under any applicable Uniform Gifts to Minors Act, as the agent deems appropriate, even if he or she is such trustee, guardian, or custodian b Tuition and Medical Expenses. To make direct payments to the provider for tuition and medical care for persons in the class composed of the principal's issue under Internal Revenue Code section 2503(e) which excludes such payments from gift tax liability c Disclaimers. To execute and deliver disclaimers under Internal Revenue Code section 2518 and California Probate Code sections 260 through 295 or any successor statute d Transfer Assets to Living Trust. To transfer assets to any existing or future revocable living trust of which the principal is or becomes the settlor, so long as such act 2 does not substantially alter distribution of the principal's estate during the principal's lifetime or on the principal's death, and so Iong as such acts do not cause adverse tax consequences for the principal's estate or the agent's estate e Remove Assets from Living Trust. To remove assets from any revocable living trust of which the principal is a settlor for purposes of making gifts authorized above f Terminate Joint Tenancy To terminate, on the principal's behalf, joint tenancies in which the principal has an interest g Prohibited Powers. Notwithstanding any other possible language to the contrary in this document, the agent is specifically NOT granted the following powers to use the principal's assets for the agent's own legal obligations, including but not limited to support of the agent's dependents, to exercise any trustee powers under an irrevocable trust of which the agent is a settlor and the principal is a trustee, to exercise incidents of ownership over any life insurance policies which the principal owns on the agent's life, or to make any beneficiary designations as to life insurance, retirement plans, or gifts which are inconsistent with the estate plan of the settlor as indicated by preexisting wills, revocable or irrevocable trusts, or other instruments of transfer 3 Self Dealing Authorized The agent is authorized to purchase any of the pnncipal's assets at fair market value and to engage in any transactions the agent considers in the principal's best interest, irrespective of any concurrent interest or benefit to the agent personally Fair market value shall be determined by independent written appraisal by a licensed professional person or organization qualified to appraise such property The agent is authorized to select such appraiser and to pay for such appraisal from the principal's assets over which the agent holds management authority My agent shall have full power and authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully to all intents and purposes as I might or could do if personally present, hereby ratifying all that my said agent shall lawfully do or cause to be done by virtue of these presents The powers and authority hereby conferred upon my agent shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by me and wherever situate My agent is empowered hereby to determine in my agent's sole discretion the time when, purpose for and manner in which any power herein conferred upon my agent shall be exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by my agent pursuant hereto THIS DURABLE POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE SUBSEQUENT INCAPACITY OF THE PRINCIPAL AND SHALL REMAIN EFFECTIVE FOR AN INDEFINITE PERIOD OF YEARS AFTER THE DISABILITY OR INCAPACITY OCCURS 3 C General Provisions 1 Applicable Law. This is a Durable Power of Attorney pursuant to the Uniform Durable Power of Attorney Act and Power of Attorney Law as set forth in the California Probate Code beginning with Section 4000 2 Agent. When the context so requires, the masculine gender includes the feminine or neuter and the singular number shall be presumed to include the plural The term "agent" as used herein shall include "agents," "co -agents" and "successor agents and co -agents " 3 Power to Revoke. 1 have the right to revoke or terminate this durable power of attorney at any time 4 Definitions "Principal" means a natural person who executes a power of attorney "Attorney in fact" means a person granted authority to act for the principal in a power of attorney "Durable power of attorney" means a power of attorney that becomes effective or remains effective upon incapacity of the principal "Third person" means any person other than the principal or attorney in fact Executed on Barb araY Pman 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS ) On j b 1 b i o ,S# , before me, 20 2 ' t- Ltd 6416101 personally appeared Barbara Ann Hyman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal . -.-r ROBERTW CANNON Comm #1531492 m *; • " ROTARY PUBLEC CALIFORNIA U[ San Eemamino Cooly +1f+ Ey Com Ewes Doc 3,200i ROBERT W CANNON Comm #1531492 NOTARY PUBLIC CAuIFORmA San Bernardino Coonly My Comm Expires Dec. 3, NOS T 5 Notary Public in and for said County and State i•'Z°i\• C �1>#`t�� .x11^"1 ti,'''"' • ''`�1 �,dv{s CERTIFICATION OF VITAL RECORD,y COUNTY of SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH 351 MT VIEW AVENUE, SAN BERNARDINO, CALIFORNIA 92415 0010 , CERTIFICATE OF DEATH 39036008777 STATE OF CALIFORNIA STATE FILE NUMBER IA NAME John OF DECEDENT—FIRST IGIYENI 4 RACE Caucasuan ECEDENT 8 STATE BIRTH aF 9 CICOUNTRY OF WHAT ERSONAL USA N 1 12 MILITARY SERVVICEI 19 J= To 191v. NONE O TAN USUAL ESIDENCE SSA LISIJ CLOCCUPA i 1 I 12 stat Clerk I Civil SerVace I Redlands Post Office' 11820 OTY I I,aG ZIP CODE 11 MIDDLE Robert USE BLACK INK ONLY — - IC LAST 2A DATE OF DEATH --M0 DAY YR121 HOUR Hyman L of2 !November 24, 1990 `0032 IF UNDER 24 HOUN5 LOCAL REGISTRATION DISTRICT AND CERTIFICATE NUM61:R 5 HISP-N.L SPECIFY -I L5 ❑ o 3 SEX 6 DATE OF BIRTH --MO DAY YR 7 AGE IN IF UNDER 1 TEAR YEARS 1 MONTHS 1 DAYS ] 1 _ rvD December 10, 1929 61 I ] IDA FULL NAME OF FATHER 110B STATE of 11A FULL MAIDEN NAME OF MOTHER 1 BIRTH ' PA Mathilda Bauman AME OF SURVIVING SPOUSE OF WIFE ENTER MAIDEN NAMEI HOURS MINUTES Harry W Hyman 13 SOCIAL '1C=11R1TY NO 2-20_2922 158 U6;AL KINE. r F 84,51N SS ON LNLUS FAY 1 118 STATE OF 1 BIRTH I NY 14 MARITAL STATUS Married 11T ti5UAL I=MPLOTER 15 Barbara A. McNabb —116o YEARS 15 17 EDUCATION—YEARS COUFI Fl re O(•CNPATIOrl 1IA RESIDENCE—STREET AND NUMBER OR LOCATION 520 W. LU i 75E NUMBER OF YEARS 119F STATE OR FOREIGN COUNTRY 1 BD COUNTY 115 COUNTY L67lVl ' California San Bernardino PLACE OF DEATH 1°RedElandS DEATH Kos�ita1 191) 515E61 ADDRESS --STREET AND NUMBER CAUSE OF DEATH PHY51 CIAN'S CERTIFICA TION CORONER'S use ONLY —' 75ES IF HOSPITAL SPECIFY 1 ONE: IP ER/OP DOA E.R.l0 P. OR LOCATION 1198 CITY ONE CAUSE PER LINE FOR 350 Terracina Blvd 21 DEATH LYAS CAUSED ■Y TENTER ONLY IMMEDIATE CAUSE TAI Pending DUE TO (8) 19C COUNTY ;San Bernardino Redlands A 1 AND C1 I Redlands 192 37 20 NAME, RELATIONSHIP MAILING ADDRESS AND 21P CODE OF INFORMANT Barbara A Hyman - Wife 520 W. Lugonia : s .iA 2 4 TIME INTERVAL BETWEEN ONSET AND DEATH 22 WAS DEATH REPORTED YO CORONER? REFERRAL NUMRER YES 9n -5750S '11 23 WAs BIOPSY PENFORMED? ❑ YES ® N0 24A WAS AUTOPSY PERFORMED? DUE TO ICI 25 OTHER SIGNIFICANT CON01110ns CDNTR1UWl lG TO DEATH BUT NOT RELAYED TO CAUSE I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE DEATH OCCURRED AT THE HOUR DATE ANO PLACE STAYED FROM THE CAUSES STATED 27A DECEDENT ATTENDED SINCE! DECEDENTI� 0 SEENY_ VE MONTH DAY YEAR 1 YEAR1 I CERTIFY THAT IN MY OPINION DEATH OCCURRED AT THE HOUR. DATE AND PLACE STATED PROM THE CAUSES STATED NO YE5 NO 248 WAS 1T USED IN DETERMINING CAUSE DF DEATH? YE5 NO GIVEN IN 21 26 AYE5 1181 TYPE OFD ERATID AND DATE CONDITION IN ITEM 21 OR 251 278 SIGNATURE AND DEGREE OR TM.E OF CERTIFIER1 27C CERTIFIER'S LICENSE NUMBER 270 DATE SIGNED 1 1 ` 1 I 27E TYPE ATTENDING PHYSICIAN'S NAME AND ADDRESS 1 .,Arif#04111WI COR7OTNER "'--"— 308 INJURY AT WORE 30C DATE OF INJURY 31 HOUR I 1 I � MONTH DAY YEA" 1 ] YES ND I DESCRIBE HOW INJURY OCCURRED IEVENTS WHIC11 RESULTED IN INJURY) 269 DATE SIGNED ut Coroner ! 11-28-90 29 MANNER OF DEATH---spKdi 01e. 0.111431. }rtdcni 30A PLACE o INJURY intode S80icid3 Waft Bralegllidn E.1 cod& sd se Meowed Pending Investigation 32. LOCATION !STREET AND NUMBER OR LOCATION AND CITY) FUNERAL DIRECTOR AND LOCAL REGISTRAR STATE REGISTRAR 34A DISPOSITION'S) ' 340 PLACE OF FINAL DISPOSITION --^NAME ANO ADDRES5 'Hillside MemorialPark RRU1 1�i4O Alessandro Rd, , Redlands, 38A NAME OF FUNERAL DIRECTOR 108 PERSON ACTING A5 SUCH) 358 LICENSE NO 1 t? 698 linmerson-Bartlett Redlands I-5 5.11 IREV 1 DO) 1111111 MAKE NO ERASURES WHITEOUTS OR OTHER ALTERATIONS 33 34C DATE SSA SIGNATURE OF EMBALMER 3358 LICENSE NUMBER Mo DAT YEAR JJ 5783 Dec. 4,1990 Cr CU- !L§''e�/�J�.!"/{e0 REG157764,11ON DATE SIGNATURE OF LOCAL REGISTRAR 37 George R. Pettersen, MD CENSUS TRACT Dgb61 ov 29,1990 CERTIFIED COPY OF VITAL RECORDS- - --_- - STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ).ss DATE ISSUED This Is a true and exact reproduction of the document officially registered and placed on file in the VITAL RECORDS SECTION SAN BERNARDLNO DEPARTMENT OF PUBLIC HEALTH 1 GEORGE R PETTERSEN, M.D COUNTY HEALTH OFFICER REGISTRAR OF VITAL STATISTICS This copy not valid unless prepared on engraved border displaying seal and signature of Registrar ��t'iulu t:A9 $ rA �' xL 4 't S �La� �'i fin CERTIFICATION OF VITAL RECORD COUNTY of SAN BERNARDINO 90-1 7 R R 1 7 DEPARTMENT OF PUBLIC HEALTH 351 MT VIEW AVENUE, SAN BERNARDINO, CALIFORNIA 92415-0010 AMENDMENT OF MEDICAL AND HEALTH SECTION DATA—DEATH-V 39036008777 USE BLACK MK ONLY -MAKE NO ERASURES WHITEOUT OR OTHER ALTERATIONS LOCAL REGISTRATION DISTRICT AND CERTIFICATE NUMBER 1FICATION F THE CORD 1A NAME --FIRST [GIVEN) John 18 MIDDLE Robert 1C LAST ?FAMILY) Hyman 2 SEX 14 3 DATE OF EVENT -m(5,4 . DAY YEAR November 24, 1990 4A CITY OF OCCURRENCE Redlands INCORRECT INFORMATION 413 COUNTY OF OCCURRENCE San Bernardino ON ORIGINAL CERTIFICATE 5 DATE ORIGINAL FILED--Ino*1H DAY YEAR November 29, 1990 FAN LRRECT RMATION TIFICATE i 21 DEATH WAS CAUSED BY RENTER ONLY ONE CAUSE PER LINE FOR A. B AND C) I TUE elrn4Fw D"£E1 B E14`1h 22 WAS DEATH REPORTED TO CORONER? p S7 5f1SF IMMEDIATE r,yyf� [X YES nkrERRAI NWMEA ❑ Na J( CAUSE l RAI PendingI•I 23 WAS BNrsY PER1ORIAEQ1 1 �. f YES W NO DUE TO IBI � C 24A W� AUIOPST P RTOR11101 DUE TO ICJ 1 YES 0 No .ls USED OH CETERNWG CAUSE_ R 248 OF DEATH? Cyd YES ❑ NO 28 OTHER SGNi1CANI CONDITIONS CONTR DUIUEG TO DEATH BUT H01 RELATED TO CAUSE WEN W $i 26 TYPE Of OPERATI0H w PMED FOR CATF ANY CONDITION K ITEM 21 a 350 R YES LST 29 1A11NF.A OF DEATH -.SPECIFY ONE NATURAL. ACLIMNT SUICIDE 110PRODS PLLNOING1y� Z PerralWA'NWgtigg' Ridn 304 PLACE DE 11711 -HIT 30B /RIMY AT WOno ❑YES ©NO 30C WE Or NAM- MOWN DAY YEAR 31 HOUR 32 COCAINxI L5:N£ET AND WEARER OR LOCATION ANO CITY! 33 DESONSE HOW WARIT OCCIMRFP FFYENTS WHICH RESULTED KI ROURYI • RMA71GN SHOULD • STATED INFORMATION AS IT SHOULD E3E STATED 21 DEATH WAS CAUSED BY [ENTER ONLY ONE CAUSE PER UNE FOR A, 8 AND C) I 4l,R lE+T' , 22 WAS §A(30 F PlT D TO RCORONER? - s I IMMEDIATE 1 E! YES REFERRAL Mn.IRER 0 NO ,,f,., CAUSE 7 (A) Massive pulmonary thrombo --embolism ►11117nutes 23 WAS BIOPSY FERF{O-1RMED) l El YES RTI Np DUE TO 1B) Thrombosis of right femoral vein 1 days days 24A WAS AUTOPSY PERFORMED? out To (C) Blunt trauma from a feall ► days 121- YES ❑ NO 248 WAS IT USED R1 Dk1ER*RNHIG CAUSE _ DEATH! 14 YES 0 NO 2S oMFR SIGIAF1CANl CONDITIONS CONTRIBENR?G 10 DEATH DUI NOT RELATED TO CAUSE CMN W 21 (1) Cardiac hypertrophy, (2) Pulmonary emphysema 26 WAS OPERATION PERFORMED FOR AHI LONO110N IN I1EM 21 w +51 R 1E5 *151 TYPE OF OPERATION ATR] DATE No 29 ATANS#P OF OEATPI..SPECIRY ONE NATURAL IDE ACCiOk NT DACHO.LKIDE PENDING ST1 Al DR COULD ROT EF DETERMWED �"cci�ent 30A PLACr OF K+R/Rr 1306 INJURY AT WORKN 1 1 at home ❑ YE5 Xi P10 /A 30C DATE OF P1RY-pNTiI. LAY YEAR 11-7-90 31 HOUR Approx 21•1 32 LOCATION 151REET 4114 NUMBER 011 LOCATION ANO CITY/ 520 W Lugonia. Redlands 33 DESCRIBE IOW Kum.. OCCURRED IEYEIT10 WHICH RESULTED IN IN)URTI Decedent fell at home 5750SF RATION OF T)FY1NG SICIAN DRONER 6 1 THE CERTIFYING PHYSICIAN OR CORONER HAVING PERSONAL KNOWLEDGE OF SUP 7A SIG li t PHY 10 A OR CORP ER 'w 111"%.*.i di i e A . 78 •ATE SIGNED —, `" • PLEMENTAL INFORMATION WHICH MODIFIES THE INFORMATION ORIGINALLY REPORTED DECLARE UNDER PENALTY OF PERJURY THAT 8A NAME 0 P SICIAN WIVIWPPPE I, •: Edward E Harter, Jr. SB DEGREE OR TITLE Deputy Corone A Tnsp,prynr THE ABOVE INFORMATION 1S TRUE AND COR RECT TO THE BEST OF MY KNOWLEDGE 80 ADDRESS—STREET AND NUMBER 011 LOCATION CITY AND STATE 175 South Lena Road, San Bernardino, California 3ISTRAR tE ONLY SA SIGNATURE FOF STATE SO6j 4E F fa�l6�RiF trar Qr ce nf• Ifi t 1 Statis%ica S 98 DATE ACCEPTED FOR REGISTRATION FEB 2 8 1991 STA E OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES OFFICE OF STATE REGISTRAR 212299 CERTIFIED COPY OF VITAL RECORDS .- - STATE OF CALIFORNIA DATE ISSUED 11.111 O• " 1991 } ss COUNTY OF SAN BERNARDINO This is a true and exact reproduction of the document officially registered and placed on file in the VITAL RECORDS SECTION SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH GEORGE R PETTERSEN M.D COUNTY HEALTH OFFICER REGISTRAR OF VITAL STATISTICS This copy not valid unless prepared on engraved border displaying seal and signature of Registrar 1454424.4* I,YfI 0 r EXHIBIT A LEGAL DESCRIPTION EASEMENT ACQUISITION, PARCEL R REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS THAT PORTION OF THE WEST ONE HALF OF THE NORTH ONE HALF OF BLOCK (OR LOT) 19 OF THE BARTON RANCH, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19 RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE EAST LINE OF ALABAMA STREET, 80 00 FEET WIDE, WITH THE SOUTH LINE OF COLTON AVENUE, 82 5 FEET WIDE, AS SHOWN ON SAID MAP, THENCE SOUTH 01°00'01" EAST 9 95 FEET ALONG SAID EAST LINE OF ALABAMA STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY NO 99, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 23, 1935 IN BOOK 1061, PAGE 214, OFFICIAL RECORDS, THENCE CONTINUING SOUTH 01°00'10" EAST 250.00 FEET ALONG SAID EAST LINE OF ALABAMA STREET, THENCE NORTH 89°35'20" EAST, 300 00 FEET PARALLEL WITH THE SOUTH LINE OF SAID COLTON AVENUE, TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 01°00'10" EAST, 222 98 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY 99, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 2750 00 FEET AND WHOSE INITIAL TANGENT BEARS SOUTH 82°07'47" EAST, THENCE EASTERLY 100 00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°50'00", THENCE SOUTH 01°00'10" EAST, 222 98 FEET PARALLEL WITH SAID EAST LINE OF ALABAMA STREET, A POINT IN THE SOUTH LINE OF SAID LAND CONVEYED TO R H VAN DORIN, BE DEED RECORDED JANUARY 13, 1959 IN BOOK 4701, PAGE 452, OFFICIAL RECORDS, THENCE NORTH 79°12'45" WEST 100 00 FEET TO THE TRUE POINT OF BEGINNING SAID LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE MOST NORTHERLY POINT OF THE HEREINBEFORE DESCRIBED LAND; THENCE SOUTHEASTERLY ALONG THE SAID SOUTHERLY LINE OF CALIFORNIA STATE HIGHWAY NO 99, BEING A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2750 00 FEET, THROUGH AN ANGLE OF 02'05'18" AND AN ARC LENGTH OF 100.22 FEET, A RADIAL TO WI -HCH BEARS NORTH 09°55'28" EAST, TO THE EASTERLY LINE OF THE HEREINBEFORE DESCRIBED LAND, (THE INITIAL RADIAL LINE BEARS NORTH 071'50'10" EAST); THENCE SOUTH 01'00'10" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 8 00 FEET, TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 3073 79 FEET, (THE INITIAL RADIAL LINE BEARS NORTH 09°13'25" EAST), THENCE NORTHWESTERLY ALONG SAID NON -TANGENT CURVE THROUGH AN ANGLE OF 01°51'54" AND AN ARC LENGTH OF 100.05 FEET, A RADIAL TO WHICH BEARS NORTH 07°21'31" EAST, TO THE WESTERLY LINE OF THE HEREINBEFORE DESCRIBED LAND; THENCE NORTH 00°56'43" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 9 04 FEET, TO THE POINT OF BEGINNING SAID DESCRIPTION CONTAINS $45 SQUARE FEET, MORE OR LESS HILLWIG-GOODROW, LLC PREPARED UNDER THE SUPERVISION OF ALAN C HILLWIG, PLS 5137 DATE A70V, 7`(. A 40' H aW EXHIBIT "B" COLTON c PONT or `r) BEG/NN/NO N00'56 43'W 9 04' APN NO 292-182-32 N89 J5201- 300.00' co REDLANDS 501'00'10"E `' 8 00' C2 -03 4W 444O AVENUE LARD o APN NO 292-182-15 off'' ‹�' '�� •o•\ • 10 N 0 CV Z OD Z3 �� ¢N CURVE TABLE CURVE ARC RADIUS DELTA C1 100 22' 275000' 02'05'18" C2 100 05' 307379' 015154" APN NO 292-182-27 ACQUISITION R APN NO. 292-182-15 PREPARED FOR PARSONS BRINCKERHOFF PAR THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT IT IS NOT A PART OF THE WRI �+�'ESCRIPTION THEIN PREPARED BY. DATE. /‹./0" D P N #317-01 PREPARED BY H -G, LLC SCALE. 1"=100' DATE SEPTEMBER 2005 SHEET 1 OF 1 1 First American Title Company 2 First Amencan Way • Santa Ana, CA 927( Buyer's Estimated Settlement Stat Property 1549 West Redlands Boulevard, Redlands, CA Buyer City of Redlands Address Attn City Manager, PO Box 3005, Redlands, CA 92373 Seller Barbara A Hyman, James L Dickerson, Jeanne E Weiss Address. 605 Via Vista Road, Redlands, CA 92373 File No ,LJavu Officer Robert Benavente/EDR New Loan No Settlement Date - Disbursement Date• 05/21/2007 Print Date. 51412007, 4 01 PM Charge Description Buyer Charge Buyer Credit Consideration. Total Consideration Title/Escrow Charges to. Escrow Fee First American Title Company Owners Policy - First American Title Company _........_. __ _ Cash (X From) ( To) Borrower 24,700 00 600.00 360.00 25,660 00 Totals 25,660 00 25 660 00 BUYER(S) City of Redlands, a municipal corporation Appointment - Historic and Scenic Preservation Commission - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved Mayor Harrison's recommendation to reappoint Michael Burke to serve a four-year term on the Historic and Scenic Preservation Commission ending January 18, 2011 Proclamation - Crafton Hills College - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved issuance of a proclamation congratulating Crafton Hills College upon the occasion of their 35th anniversary and commending the faculty and staff for their continuing dedication to serve our community and for then attainment of excellence in education Agreement - Granite Homes - Tract No 16586 - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved the purchase and sale agreement and the escrow instructions with GH Redlands, LLC (Granite Homes) for sale of City property along Wabash Avenue, adjacent to Reservoir Road, to be included in the development of Tract No 16586, authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City, and authorized deposit of the receipts from this sale into the Local Transportation Fund Easements - Redlands Boulevard Right -of -Way - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an agreement egarding the purchase of an easement for Redlands Boulevard right-of-way acquisition with James L. Dickerson and Jeanne E. Weiss and an agreement regarding the purchase of an easement for Redlands Boulevai d right-of-way acquisition with Barbara A Hyman, James L Dicker son and Jeanne E Weiss for the Redlands Boulevard, Alabama Street and Colton Avenue Improvement Project and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City Resolution No 6571 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No 6571, a resolution of the City Council of the City of Redlands establishing the following traffic regulation pursuant to Title 10 of the Redlands Municipal Code install a multi -way stop at Palm Avenue and Lytle Street Resolution No 6572 - Speed Studies - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No 6572, a resolution of the City Council of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code establish speed zones for Cajon Street between Vine Street and Garden Street, for Tennessee Street and San Mateo Street between February 20, 2007 Page 3 First American Title Company 2 First American Way,. Santa Ana, CA 92707 Phone - (714)250-4721 Fax - (714)913-6358 ESCROW INSTRUCTIONS TO, First American Title Company ("First American") Attn • Robert Benavente (Escrow Officer) Property. 1549 West Redlands (Easement Acquisition) Redlands, CA Date March 12, 2007 File No OSA- 2723360 (RCB) This escrow has been opened pursuant to that certain real estate purchase agreement entitled "Agreement for Purchase and Sale of an Easement" dated as of February 20, 2007 ("Purchase Agreement") by and between Barbara A Hyman, James L Dickerson, Jeanne E Weiss ("Seller") and City of Redlands ("Buyer") with regard to that certain real property commonly described as 1549 West Redlands (Easement Acquisition), in the City of Redlands, County of San Bernardino, State of California ("State") as further legally described on Exhibit 'AT attached hereto and incorporated herein by reference (the "Real Property") The terms and conditions of the Purchase Agreement are incorporated herein by reference First American has been requested to act as escrow agent for the Buyer and Seller (jointly referred to as the "Parties" and individually as a "Party") under the Purchase Agreement First American is willing to act as escrow agent ("Escrow Agent") for the parties pursuant to the Purchase Agreement subject to the following terms and conditions. 1. Obligations of Escrow Agent. Escrow Agent shall be responsible only for the applicable portions of Purchase Agreement dealing with financing, escrow, allocation of costs, title and vesting, prorations, property taxes, title insurance, delivery of documents and Seller's assignment of proceeds to pay the broker commission, if any. 2 Satisfaction of Executory Terms: Pursuant to the Purchase Agreement, the consummation of the escrow is subject to satisfaction of certain executory terms and provisions which are not the responsibility of Escrow Agent The Parties shall be solely responsible for determining such satisfaction and shall notify Escrow Agent in writing in a form reasonably satisfactory to Escrow Agent when such executory terms have been fully satisfied or are otherwise waived Escrow Agent's receipt of such written acknowledgment shall constitute a direction to Escrow Agent to close the Escrow 3 General Provisions: Escrow Agent's duties and responsibilities in this escrow are subject to the General Provisions To the extent that the Purchase Agreement is inconsistent with the General Provisions, the terms of the General Provisions shall control as to Escrow Agent's rights, duties and responsibilities 4 Clarification of Purchase Agreement Terms (a) Sales Price The sales price of the Real Property is $24,700 00 (b) Close of Escrow Close of escrow shall occur on 05/21/2007 Closing Funds: Funds to close escrow must be received in a form sufficient to satisfy applicable good funds laws of the State All funds in excess of $100,000 must be wire transferred to Escrow Agent First American Title Company File No OSA-2723360 (RCS ) Requirements for Interest Bearing Accounts: In the event that Escrow Agent is requested to deposit funds in an interest-bearing account, Escrow Agent shall not be obligated to open such account until Escrow Agent has received an executed Form W-9 with appropriate taxpayer information from the Party to whose benefit the interest will accrue The Parties acknowledge receipt of a form entitled "Notice of Opportunity to Earn Interest" delivered concurrently with this Escrow Instruction The Parties acknowledge that Escrow Agent shall be entitled to a fee of $50 00 for opening any interest bearing account Funds Held Fee: If the event that funds remain in escrow for any reason more than 90 days after the close of escrow, or if escrow has not closed 90 days after the estimated closing date set forth in the existing escrow instructions to Escrow Holder ("Dormancy Period"), Escrow Holder will make reasonable efforts to notify the parties regarding same If funds remain in escrow beyond the Dormancy Period, a monthly "funds held fee" of $25 00 shall accrue for each month or fraction of a month thereafter that the funds, or any portion thereof, remain in escrow Escrow Holder is instructed to deduct the monthly funds held fee directly from the funds held in escrow on a monthly or other periodic basis (I e quarterly, semi-annually, etc) The parties agree to pay these sums to compensate Escrow Holder for administering, monitoring, accounting, reminders and other notifications and processing of the funds so held in accordance with this provision Document/Funds Delivery After close of escrow, all documents, funds and statements are to be sent to the undersigned at the addresses provided to Escrow Agent Escrow Fees Escrow Agent shall allocate fees and costs between the Parties in accordance with the Purchase Agreement The Parties understand that in the event of cancellation of this Escrow, Escrow Agent shall be entitled to a cancellation fee and reimbursement of any direct costs incurred at the request of a Party SELLER Barbara A Hyman James L Dickerson Jeanne E Weiss BUYER: City of Redlands, a municipal corporation By ,don Harrison, Mayor Attest /7D Lorne Poyzer, City Clerk ,� AGREEMENT FOR PURCHASE AND SALE OF AN EASEMENT This Agreement for Purchase and Sale of an Easement ("Agreement") is made and entered into this 20th day of February, 2007 ("Effective Date") by and between JOHN R HYMAN AND BARBARA A HYMAN, husband and wife, as joint tenants as to undivided 1/2 interest and JAMES L DICKERSON AND JEANNE E WEISS as undivided 1/2 interest as tenants in common (collectively, "Grantor") and the City of Redlands, a municipal corporation ("Grantee") Grantor and Grantee are each sometimes individually referred to herein as a "Party" and collectively as the "Pasties " RECITALS A Grantor owns certain real property located at 1549 West Redlands Blvd , Redlands, California, bearing County of San Bernardino Assessoi's Parcel No 0292-182-15 (the "Property") B Grantee desires to purchase a permanent easement in a portion of the Property and Grantor desires to sell and convey an easement in a portion of the Property as described sn Exhibit "A" and depicted in Exhibit "B," both of which are attached hereto (the "Easement") C The Parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Easement In consideration of the mutual promises contained herein, the Parties agree as follows AGREEMENT 1 PURCHASE Grantee shall buy and Grantor shall sell and convey the Easement, for the purchase price and upon the terms and conditions hereinafter set forth 2 ESCROW Within ten (10) days of the Effective Date of this Agreement, Grantee shall open an escrow (the "Escrow") with First American Title Company (the "Escrow Holder") for the purpose of consummating the purchase and sale of the Easement The Parties shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate this transaction Any such instructions shall not conflict with, amend or supersede any provision of this Agreement If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the Parties agree in writing otherwise The Escrow Instructions shall include the following terms and conditions of sale 2 1 Purchase Price The total purchase pnce for the Easement shall be the sum of Twenty -Four Thousand Seven Hundred Dollars ($24,700) (the Purchase Price"), which shall be paid by Grantee to Grantor through Escrow Holder in cash at Close of Escrow 1 2 2 Close of Escrow Escrow shall close on or before ninety (90) days following the Effective Date of this Agreement (the "Close of Escrow") If the Escrow is not in a condition to close by the Close of Escrow, any Party who is not then in default may, in writing, demand the return of its money and/oi documents Thereupon, subject to the provisions of Section 3 hereof, alI obligations and liabilities of the Parties under this Agreement shall cease and terminate If no such demand is made, the City Manage' of Grantee may, by written instrument to Escrow, authorize an extension of the Lsci ow Escrow shall be closed as soon as possible 2 3 Condition of Title to the Easement Grantor shall convey title to the Easement to Grantee as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a title insurance company to be selected by Grantee in an amount equal to the Purchase Price The Title Policy shall show as exceptions with respect to the Easement only matters approved in writing by Grantee Any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Grantee, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance or subordination, as the case may be, of any such monetary exceptions to Grantee's title to the Easement at or prior to the Close of Escrow 2 4 Escrow and Closing Costs Grantee shall pay the cost of the Title Policy, all Escrow fees (including reconveyance fees, trustee's fees or forwarding fees for any partial reconveyance or subordination of a deed of trust or mortgage), and all recording costs incurred herein All Parties acknowledge that Grantee is exempt from payment of documentary transfer taxes 2 5 Investigations Prior to the Dose of Escrow, Grantee may, at its option, conduct, at Grantee's expense, any and all investigations, inspections, surveys and tests of the Property including, without limitation, soils, groundwater, wells, percolation, geology, environmental, drainage, engineering and utilities investigations, inspections, surveys and tests, which Grantee determines, in its sole discretion, are required to ascertain the suitability of the Easement for Grantee's intended use If Grantee determines that the Easement is not suitable for its intended use, Grantee may terminate this Agreement as provided in Section 2 2 hereof Grantor hereby grants to Grantee, and Grantee's employees, representatives, agents and independent contractors, a license to enter the Property for purposes of conducting such investigations, inspections, surveys and tests Grantee shall repair any damage to the Property resulting from such investigations, inspections, surveys and tests conducted by Grantee or Grantee's employees, representatives, agents or independent contractors Grantee's approval of any of such investigations, inspections, surveys or tests shall not alter or diminish Grantor's representations or warranties under this Agreement, and Grantor acknowledges and agrees that Grantee is relying upon Grantor's representations and warranties made herein, unless such representation or warranty is specifically waived in whole or in part by Grantor 2 6 Deposit of Funds and Documents A Prior to Close of Escrow, Grantee shall deposit into Escrow (i) all Escrow and Closing Costs as described above, (n) the Purchase Price to be paid to Grantor through Escrow, and (in) such other documentation as is necessary to close Escrow in conformance herewith B Prior to the Close of Escrow, Grantoi shall deposit into Escrow (i) the properly executed Grant of Easement Deed conveying the Easement, a copy ofwhich is attached to this Agreement as Exhibit "C," and (n) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith 2 7 Grantee's Conditions Precedent to Close of Escrow The Close of Escrow is subject to the following conditions (a) All representations and warranties of Grantor set forth in this Agreement shall be true and correct as of the Close of Esciow, and (b) Grantor shall timely perform all obligations required by the terms of this Agreement to be performed by it 2 8 Grantor's Conditions Precedent to Close of Escrow For the benefit of Grantor, the Close of Escrow shall be conditioned upon the timely performance by Grantee of all obligations required of Grantee by the terms of this Agreement 3 POSSESSION OF EASEMENT Grantee may take possession of the Easement and begin construction of the works of improvement thereon as of the Effective Date of this Agreement, pnor to the Close of Escrow, if Escrow should not close for any reason, or under the conditions specified in Section 2 2 or in Section 7 hereof, Grantee shall have the right to continue in possession and construct the works of improvement, and the purchase price and terms shall be determined by agreement of the Parties, of absent an agreement, by a form of arbitration agreed to by the Parties, or if they cannot so agree, then Grantee may in its sole discretion, initiate an action in eminent domain in which the issue will be to determine the amount of compensation to be paid 4 REPRESENTATIONS AND WARRANTIES OF GRANTOR Grantor makes the following representations and warranties, each of which shall survive the CIose of Escrow (a) Grantor holds title to an indefeasible estate in fee simple in the Property Grantor is the sole owner of the Property and has good, absolute and marketable title to the Property and has full power and authority to own and sell and convey the Easement over, under and/or through the Property to Grantee and to enter into and perform its obligations pursuant to this Agreement, 3 (b) The execution and delivery of this Agreement by Grantoi, Grantoi 's performance hereunder, and the consummation of this transaction will not constitute a violation of any order or decree or result in the breach of any contract oi agreement to which Grantor is a Party, or by which Grantor is bound, (c) Grantoi shall not entei into any agreements 01 undertake any new obligations prior to Close of Escrow which will m any way burden, encumber or otherwise affect the Property without the prior written consent of Grantee, (d) To Grantor's knowledge, no litigation and no governmental, administrative or iegulatory act or proceeding iegarding the environmental, health and safety aspects of the Property is pending, proposed oi threatened, (e) According to Grantor's knowledge, the Property is not in violation of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions underlying the Property which could affect the Easement 01 its use, and neither Grantor nor any other person or predecessor in interest has used, generated, manufactured, stored or disposed of on, under or about the Property, or transported to or from the Property, any flammable materials, explosives, radioactive matenals, hazardous 01 contaminated materials or substances, toxic or noxious materials, substances or related materials or substances ("Hazardous Materials") For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "extremely hazardous wastes," or "restricted hazardous wastes," or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U S C sections 9601, et seq, the Hazardous Materials Transportation Act, 49 U S C sections 1801, et seq, the Resource Conservation and Recovery Act, 42 U S C sections 6901, et seq, the Federal Water Pollution Control Act, 33 U S C sections 1317, et seq, sections 25115, 25117, 25122 7, 25140, 25249 5, 25249 8, 25281, 25316 or 25501 of the California Health and Safety Code, or any substances so defined or stated rn any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time, {f) In the event Grantee discovers Hazardous Matenals, contaminated soil and/or water rn, on or under the Property, Grantor shall be solely responsible for the removal and disposal of any and all such Hazardous Materials, contaminated soil and/or water, (g) In the event Grantor fails to remove said Hazardous Materials, contaminated soil and/or water, Grantee or its designee shall have the right to remove and dispose of said Hazardous Materials, contaminated soil and/or water at Grantor's sole cost and expense Grantor shall immediately reimburse Grantee for costs and expenses incurred by Grantee for the removal and disposal of any Hazardous Materials, contaminated soil and/or water upon receipt of a bill or invoices therefor Grantor shall defend, indemnify and hold Grantee, its elected officials, officers, employees, consultants and agents, harmless from any and all liability, costs, fines, penalties, charges and/or claims of any kind whatsoever related to the existence and removal of any Hazardous Materials, contaminated soil and/or water, and 4 (li) Grantoi has and shall have paid before Close of Esciow any and all current and past due taxes, assessments, penalties and interest levied and assessed against the Property If not paid prior to Close of Escrow, Grantor hereby authorizes Escrow Holdei to disburse to the taxing authority from funds otherwise due to Grantor an amount sufficient to discharge said taxes, assessments, penalties and interest Unless the Easement is assessed separately, Grantor shall also keep current, year -by -year, all taxes, assessments, penalties and interest levied and assessed against the Easement and the larger Property of which it is a part These representations and warranties shall survive the Close of Escrow 5 REPRESENTATIONS AND WARRANTIES OF GRANTEE A Grantee shall repair and restore any improvements or Iand (other than the Easement and any improvements located thereon) belonging to Grantoi that may be damaged by Grantee or Grantee's contractor during construction of the works of improvement for which the Easement is conveyed, or, at Grantee's option, pay to Grantoi the market value of such improvements, provided that this Section shall not be construed to require Grantee to pay for the use for which the Easement is intended B Grantee shall save harmless and indemnify Grantor against any and all claims, demands, suits, judgments, expenses and costs on account of injury to, or death of, persons, or loss of, or damage to, property of others incurred during or proximately caused by acts or omissions of Grantee 01 Grantee's contractor in the performance of any work by Grantee or Grantee's contractor to construct the works of improvement for which the Easement is conveyed 6 ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A By execution of this Agreement, Grantor, on behalf of itself and its respective successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Easement by Grantee, and Grantor hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other compensation or benefits, other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities or benefits of any type or nature whatsoever relating to or in connection with Grantee's acquisition of the Easement B This Agreement arose out of Grantee's efforts to acquire the Easement through its municipal authority The Parties agree that this Agreement is a settlement of claims in order to avoid litigation and shall not in any manner be construed as an admission of the fair market value of the Easement or of the Property or of liability by any Party to this Agreement Grantoi, on behalf of itself and its successors and assigns, hereby fully releases Grantee, its successors, agents, representatives, and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Grantee's efforts to acquire the Easement or to construct works of improvement thereon, or any preliminary steps thereto, except as set forth in Section 5 above Grantor further releases and agrees to hold Grantee harmless from any and all claims by reason of any leasehold interest in the Property This release shall survive the Close of Escrow 5 C Grantoi expressly waives the rights afforded to Grantoi under Civil Code section 1542 which provides that A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the tune of executing the release, which if known by him must have materially affected his settlement with the debtor 7 REMEDIES If Grantor defaults under this Agreement, then Grantee may, at Grantee's option, terminate the Escrow or initiate an action for specific performance of this Agreement, or pursue any other rights or remedies that Grantee may have at law or in equity If Grantee defaults under this Agreement, then Grantor may, at Grantor's option, terminate the Escrow 01 pursue any rights or remedies that Grantoi may have at law or in equity 8 MISCELLANEOUS A Notice Any notice to be given or other document or documents to be delivered to either Party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows Grantor Grantee JOHN R and BARBARA A HYMAN JAMES L DICKERSON JEANNE E WEISS 605 VIA VISTA ROAD REDLANDS, CA 92373 City of Redlands PO Box 3005 Redlands, CA 92373 Attn City Manager Any Party hereto may, from time to time, by written notice to the other Party, designate a different address, which shall be substituted for the one specified above Any notice or other documents sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other documents in the United States mail B Time of Essence Time is of the essence with respect to each and every provision hereof C Assignment Neither this Agreement, nor any interest herein, shall be assignable by any Party without prior written consent of the other Party 6 D Governing Law All questions with respect to this Agreement, and the rights and liabilities of the Parties hereto, shall be governed by and construed in accordance with the laws of the State of California E lnuiemcnt This Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the Parties F Attorneys' Fees If any action, arbitration or other proceeding is brought fon the interpretation of enforcement of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with the Agreement, the successful or prevailing Party shall be entitled to recover actual attorneys' fees and other costs it incurs in that action or proceeding, in addition to any other relief to which it may be entitled, including fees for any m -house counsel of the Parties G Entire Agreement This Agreement contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement which are not fully expressed herein H Additional Documents The Parties agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement I No Admissions This Agreement is a compromise and settlement of outstanding claims between the Parties relating to Grantee's acquisition of the Easement and shall never be treated as an admission by either Party to the Agreement for any purpose in any judicial, arbitration or administrative proceeding between the Parties This paragraph shall not apply to any claim that one may have against the other for breach of any provision 01 covenant of this Agreement J No Merger All representations, warranties, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the permanent easement K Broker Grantor and Grantee each represent and warrant to the other that no broker, agent or finder has been engaged by it in connection with the transaction contemplated by this Agreement and that all negotiations relative to these instructions and this transaction have been earned out by such Party directly with the other Party without the intervention of any person in such a manner as to give rise to any valid claim against either of the Parties for a broker's commission, finder's fee or other like payment Each of the Parties shall indemnify and defend the other Party and hold it harmless from any and all loss, damage, liability or expense, including costs and reasonable attorneys' fees, which the other Party may incur or sustain by reason of or in connection with any misrepresentation or breach of warranty by the indemnifying Party with respect to the foregoing L Counterparts This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes 7 Rp%NDS PUBLIC WORKS DEPARTMENT Engineering Administration Division MEMORANDUM TO: Lorne Poyzer, City Clerk FROM: Tom T Fujiwara, Assistant Public Works Director YL DATE: April 19, 2007 SUBJECT: Escrow Instructions for Right-of-way Acquisition- Redlands Boulevard, Alabama Street, Colton Avenue Improvement Project (Hyman, Dickerson, Weiss) Attached are Escrow Instructions (Hyman, Dickerson, Weiss) for right-of-way acquisition for the Redlands Boulevard, Alabama Street and Colton Avenue Improvement Project, which include a copy of the executed Purchase Agreements approved by City Council Please have the Mayor and City Clerk sign on page two of the Escrow Instructions and return the original documents back to me Thank you TTF tf Attachment FILE REDLANDS ALABAMA COLTON PROJECT - RIGHT -OF WAY ACQUISITION-HYMAN DICKERSON WEISS 3i1-67 ‘0,1 A l E R+ C-1 First American 2 First American Way, Santa Ana CA 92707 Tel 7142503000 Fax San Bernardino iIiii iroui1u 0u11nii1iuAOH Dated 10/1/2007 Attention City Clerk's Office City of Redlands PO Box 3005 Redlands , CA 92373 Enclosed please find 2 attached documents Orange Title Transmrtta1 Order No 2723360 Page Count 10 Form No 1402 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions Order Number OSA-2723360 Page Number 1 Policy of Title Insurance 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 TIRE 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 Fnit iruetr an Title TrrS•rrrrtrrt Onnpain ST AsetVe-d- i2ZY.7�,Y F'ri/� r TR ;7 E:aY First American Title Form No 1402 92 (10/17/92) ALTA Standard Owner's Policy Western Regtonai Exceptions SCHEDULE A Order Number OSA-2723360 Page Number 2 Premium. $360 00 Amount of Insurance $24,700 00 Policy Number. OSA-2723360 Date of Policy September 24, 2007 at 8 00 A M 1 Name of insured City of Redlands, a Municipal Corporation 2 The estate or interest in the land which is covered by this policy is An Easement 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 Real property in the City of Redlands, County of San Bernardino, State of California, described as follows THAT PORTION OF THE WEST ONE HALF OF THE NORTH ONE HALF OF BLOCK (OR LOT) 19 OF THE BARTON RANCH, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SMD COUNTY, DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE EAST UNE OF ALABAMA STREET, 80 00 FEET WIDE, WITH THE SOUTH LINE OF COLTON AVENUE, 82 5 FEET WIDE, AS SHOWN ON SAID MAP, THENCE SOUTH 01°00'01" EAST 9 95 FEET ALONG SAID EAST LINE OF ALABAMA STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY NO. 99, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 23, 1935 IN BOOK 1061, PAGE 214, OFFICIAL RECORDS, THENCE CONTINUING SOUTH 01°00'10" EAST 250 00 FEET ALONG SAID EAST UNE OF ALABAMA STREET, THENCE NORTH 89°35'20" EAST, 300 00 FEET PARALLEL WITH THE SOUTH LINE OF SAID COLTON AVENUE, TO THE TRUE POINT OF BEGINNING, THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 01°00'10" WEST, 222 98 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY 99, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 2750 00 FEET AND WHOSE INITIAL TANGENT BEARS SOUTH 82°0747" EAST, THENCE EASTERLY 100 00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°05'01", THENCE SOUTH 01°00'10" EAST, 222 98 FEET PARALLEL WITH SAID EAST LINE OF ALABAMA STREET, A POINT IN THE SOUTH UNE OF SMD LAND CONVEYED TO R H VAN DORIN, BY DEED RECORDED JANUARY 13, 1959 IN BOOK 4701, PAGE 452, OFFICIAL RECORDS, THENCE NORTH 79°12'45" First American Title Form No 1402 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions WEST 100 00 FEET TO THE TRUE POINT OF BEGINNING SAID LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS Order Number OSA-2723360 Page Number 3 BEGINNING AT THE MOST NORTHERLY POINT OF THE HEREINBEFORE DESCRIBED LAND, THENCE SOUTHEASTERLY ALONG THE SAID SOUTHERLY LINE OF CALIFORNIA STATE HIGHWAY NO 99 BEING A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2750 00 FEET, THROUGH AN ANGLE OF 02°05'18" AND AN ARC LENGTH OF 100 22 FEET, A RADIAL TO WHICH BEARS NORTH 09°55'28" EAST, TO THE EASTERLY LINE OF THE HEREINBEFORE DESCRIBED LAND, (THE INITIAL RADIAL UNE BEARS NORTH 07°50'10" EAST); THENCE SOUTH 01°00'10" EAST ALONG SAID EAS 1 bRLY LINE, A DISTANCE OF 8 00 FEET, TO THE BEGINNING OF NON -TANGENT CURVE CONCAVE SOUTHWES 11_RLY HAVING A RADIUS OF 3073 79 FEET, (THE INITIAL RADIAL UNE BEARS NORTH 09°13'25" EAST), THENCE NORTHWESTERLY ALONG SAID NON -TANGENT CURVE THROUGH AN ANGLE OF 01°51'54" AND AN ARC LENGTH OF 100.05 FEET, A RADIAL TO WHICH BEARS NORTH 07°21'31" EAST, TO THE WESTERLY LINE OF THE HEREINBEFORE DESCRIBED LAND, THENCE NORTH 00°56'43" WEST ALONG SAID WE51 LRLY LINE, A DISTANCE OF 9 04 FEET, TO THE POINT OF BEGINNING APN 0292-182-15-0-000 First American Title Form No 1402 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions SCHEDULE B EXCEPTIONS FROM COVERAGE Order Number OSA 2723360 Page Number 4 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of PART ONE 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 heretofore or hereafter furnished, imposed by law and not shown by the public records SECTION TWO 1 General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or payable 2 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3 5 commencing with Section 75 of the California Revenue and Taxation Code. 3 A perpetual easement for a pipe line and the use of the existing pipe lines over said land as contained in the agreement made by Wilfred Tillotson, as executor of the last will and testament of Isaac F Tillotson, deceased, recorded November 4, 1954 in Book 3499, Page 205, Official Records The map attached, if any, may or may not be a survey of the land depicted hereon First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Form No 1902 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions EXCLUSIONS FROM COVERAGE Order Number OSA-2723360 Page Number 5 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 (1) the occupancy, use, or enjoyment of the land, (ii) 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, hen 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 CONDXTXONS 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 representatives, 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 any 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 include environmental protection liens fled 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 money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty 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 (ii) an indebtedness secured by a purchase money mortgage given to an insured 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing First American Title Form No 1402 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions Order Number OSA-2723360 Page Number 6 (1) in case of any litigation as set forth in Section 4(a) below, (u) 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 (hi) if title to the estate or interest an 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 encumbrance 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 an 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 Toss or damage to an 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 (b) 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 (c)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 for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (11) 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 loss 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 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 contin ue any litigation wi th 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 representat ive of the Company and shall produce for examination, inspectionand copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Polity, 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 representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or contro I 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 information from third parties as required in this paragraph 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 Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations to insured under this policy, other than to make the payment required shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation (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 autho rized by the Company up to the time of payment and which the Company is obligated to pay, or (if) 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) (f) or (ii), the Company'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 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE Mrs 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 First American Title Form No 1402 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions Order Number OSA-2723360 Page Number 7 (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, (11) 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, Tien 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 (1) 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 Sch edule 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 8. 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 subsequent 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 completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable 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, attorneys fees and expenses, shall reduce the amount of the insurance pro tanto 11 LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance 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 5 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 The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim 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 First American Title Form No 1902 92 (10/17/92) ALTA Standard Owner's Policy Western Regional Exceptions Order Number OSA 2723360 Page Number 8 Unless prohibited by applicable law, either the Company 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 Arbitrator(s) 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 interpreting 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 furnished the Company shall include the number of this policy and shall be addressed to the Company at 1 First American Way, Santa Ana, California 92707, or to the office which issued this policy First American Title First American IMPORTANT - PLEASE READ THIS LETTER CONTAINS INFORMATION ABOUT THE PROPERTY YOU HAVE RECENTLY PURCHASED. READ IT THOROUGHLY AND RETAIN IT WITH YOUR OTHER VALUABLE PAPERS PERTAINING TO THE PROPERTY. Policy No OSA-2723360-08 Property 1549 West Redlands Boulevard, Redlands, CA Title to the above referenced property is protected with a Policy of Title Insurance issued by First American Title Insurance Company This insures your ownership of the property We have assigned the policy number referenced above to assure prompt processing of any future title orders involving the property If you sell your home within the next Five (5) years, First American Title Company will reduce the Base Policy Rate by Twenty percent (20 %). To take advantage of these savings, instruct your real estate agent, loan agent and/or escrow holder to open the order for title insurance with First American Title Company and reference the policy number above We appreciate the opportunity to serve you and will be glad to assist you in any way we can, remembering that protection of your property is your first consideration - and ours Sincerely, Larry Buster Vice President County Manager