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HomeMy WebLinkAboutDeeds & Easements_D-2INDEMNIFICATION (HOLD HARMLESS) AGREEMENT THIS AGREEMENT is made this 5th day of September, 2000, by and between the City of Redlands, a municipal corporation (hereinafter "Owner") and the Operating Engineers Training Trust, (hereinafter "Trust"). RECITALS t . Owner represents that Owner has title, possession and control of certain real property described as follows: The 120-acre Redlands Sport Complex located generally north of San Bernardino Avenue, west of Wabash Avenue, south of Sessums Drive and east of Dearborn Street ex}vended, further identified as APN's 168-031-21,22; 168-041-4�,46; 168-071-02; 168-091-02,05,09; (hereinafter "Property"), and that Owner has the right, authority and interest to design, commence and complete certain work (hereinafter "Earthwork") on the Property according to specifications set forth in the grading plan(s) prepared by registered civil engineers and approved by the City of Redlands (hereinafter "Plan") as may be conveyed from time to time to the Trust. 2. The Trust is willing to conduct an apprentice training exercise in which apprentices available for training by the Trust will do the Earthwork generally in accordance with the aforementioned Plan. 3. Owner has provided a copy of the Plan to the Trust, and will provide for all surveying of the site and the setting of grade stakes to be performed by others. Owner will also provide for inspection of the Earthwork to be performed under the City's supervision. Owner will have soil compaction tests performed by a certified testing laboratory. C:1RCM\Projects\Sports Complex\Op Enrs Agreement.wpr I To: Guardian Escrow, Inc. 101 East Redlands Blvd„ Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc, it licensed by the Department of Corporations, State of California Date : 01/24/94 Escrow No.: 12967-DC Officer Denise Casey Property Redlands, CA Vacant Land MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED - SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: 1. Seller will cause to be handed you a Certificate for 34 shares of stock in Mentone Acres Mutual Well Company, which is to be transferred to the Buyer at the close of escrow or upon your receipt of the certificate, whichever later occurs. All parties acknowledge that in the event existing certificate is held by a lender in pledge, said certificate may not be released until after the close of escrow. Any indebtedness incurred in connection with said water stock shall be paid by the Seller, together with transfer fees and closing water bills, as charged by the water company. 2. Seller herein approves payment of billing from Kenneth R. King, Civil Engineer, 10 E. Vine Street, Suite 214, Redlands, CA 92373, in the amount of $800.00. 3. As an additional memorandum agreement between the parties with which escrow holder is not to be concerned, Buyer accepts the acreage of the subject property as defined in survey dated January 21, 1994 from Kenneth R. King, Civil Engineer, and both parties agree the purchase price of the subject property shall remain unchanged. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SELLER: BUYER: SION SHOOSHANI, Trustee, of the Sion Shooshani Family Trust, a Trust Agreement dated 6/18/90 FOROUGH SHOOSHANI, Trustee, of the Sian Shooshani Family Trust, a Trust Agreement dated 6/18/90 SHAMONEIL SHOOSHANI, Trustee of the, Shamoneil Shooshani Family Trust, a Trust Agreement dated 6/18/90 MAHIN SHOOSHANI, Trustee of the, Shamoneil Shooshani Family Trust, a Trust Agreement dated 6/18/90 HESHMAT TAYEBI AFAGH TAYEBI CITY Op ED S, nicipal corporation Swe Larson a or ATTEST J 1 City-'C rk, Ci f Redlands 2000 S. Alameda Street Los Angeles, CA 90058 P.O, Box 3005 Redlands, CA 92373 To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc, is licensed by the Department of Corporations, State of California Date 1/18/94 Escrow No.: 12967-DC Officer . Denise Casey Property Redlands, CA Vacant Land BUYER'S SEPARATE INSTRUCTIONS MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED - SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: The contingency in this escrow regarding Buyer securing approval from the City Counil of the City of Redlands for the acquisition Hof the subject property has been satisfied and is hereby waived; you are directed to proceed with the processing and closing of this escrow without furuther regard to said contingency. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. CITY OF Rq LANDS , a By: Swen'Larson Mayor P.O. Box 3005 Redlands, CA 92373 cipal corporation ATTEST:/ y Lorrie oyzer, C' J.erk 77 Ilt'f � County of San Semardino PRELIMINARY CHANGE OF OWNERSHIP REPORT �� (To be completed by transferee (buyer} prior to transfer of subject property �`\` in accordance with Section 460.3 of the Revenue and Taxation Code.) THIS REPORT IS NOT A PUBLIC DOCUMENT SellerlTransferor: SHOOSHONI, ET AL Buyer/Transferee: CITY OF REDLANDS Assessor's Parcel Number(s): 168-091-09 FOR RECORDER'S USE ONLY FOR ASSESSOR'S USE ONLY Con Adj Property Address or Location: Citrus Acreage A Preliminary Change in Ownership Report must be filed with each convey - Mail Tax Information To: Name CITY OF REDLANDS ante in the County Recorder's office for Address P-.O. Box 3005, Redlands, CA 92373 the county where the property is located; this particular form may be used in all 58 counties of California. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Bernardino County Assessor. For further information on your supplemental roll obligation, please call the San Bernardino County Assessor at (714) 387-8307. PART 1: TRANSFER INFORMATION Please answer all questions. YES NO ❑ ❑ A. Is this transfer solely between husband and wife? (Addition of a spouse, death of a spouse, divorce settlement, etc.) ❑ ❑ B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property? (For example, a name change upon marriage) ❑ ❑ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? ❑ ❑ D. Is this transaction recorded only to create, terminate or reconvey a security interest (e.g., cosigned? ❑ ❑ E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? ❑ ❑ F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? ❑ ❑ G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: ❑ ❑ 1. to a trust for the benefit of the grantor, or grantor's spouse? ❑ ❑ 2. to a trust revocable by the transferor? ❑ ❑ 3. to a trust from which the property reverts to the grantor within 12 years? ❑ ❑ 1. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? ❑ ❑ J. Is this a transfer from parents to children or from children to parents? ❑ ❑ K. Is this transaction to replace a principal residence located in County by a person 55 years of age or older? If you checked yes to "J" or "K," an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J or K, PLEASE SIGN AND DATE. OTHERWISE COMPLETE BALANCE OF THE FORM. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of transfer. Please check appropriate box. ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Contract of Sale — Date of Contract ❑ Inheritance — Date of Death ❑ Other (Please explain) ❑ Creation of a Lease ❑ Assignment of a Lease ❑ Termination of a Lease Date lease began Original term in years (including written options) Remaining term in years (including written options) C. Was only a partial interest in the property transferred? ❑ Yes ❑ No If yes, indicate the percentage transferred %. M ASI) AH 502-A {REV. 21021 Is-17267.111 par. 3089 PRELIMINARY CHANGE OF OWNERSHIP REPORT Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with "N/A.'•' PART III, PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing cost) B. FIRST DEED OF TRUST a ❑ % interest for years. Pymts./Mo. _ $ Amount $ (Prin. & Int. only) Amount $ � FHA (exclude MIP) ❑ ❑ Fixed Rate ❑ New Loan Conventional ❑ ❑ Variable Rate ❑ Assumed Existing Loan Balance VA ❑ ❑ All Inclusive D.T. 0 Wrapped) ❑ Bank or Savings & Loan Cal -Vat ❑ Loan Carried by Sailer ❑ Finance Company Balloon Payment ❑ Yes ❑ No Out Date Amount $ C. SECOND DEED OF TRUST ® ❑ % interest for years. PymtsdMo. _ $ (Prin. & Int, only) Amount $ Bank or Savings & Loan ❑ Fixed Rate ❑ New Loan ❑ Loan Carried by Seller ❑ Variable Rate ❑ Assumed Existing Loan Balance Balloon Payment ❑ Yes ❑ No Due Data Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? ❑ Yes ❑ No TYPO ❑ Bank or Savings & Loan % interest for years. PYmtsJMO. ❑ Fixed Rate = $ ❑ Amount $ lPrin. & Int. only) New ❑ Loan Carried by Seller ❑ Variable Rate ❑ Loan Assumed Existing Loan Balance Balloon Payment ❑ Yes ❑ No Due Date Amount $ E. IMPROVEMENT BOND ❑ Yes ❑ No Outstanding Balance: Amount S F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.) Total Items A through E $ G. PROPERTY WAS PURCHASED THROUGH A ❑ BROKER; ❑ DIRECT FROM SELLER; or ❑ OTHER (explain): Please explain any special terms or financing and any other information that would help the Assessor understand the purchase price and terms of sale PART IV: PROPERTY INFORMATION A. IS PERSONAL PROPERTY INCLUDED IN THE PURCHASE PRICE? (other than a mobilehome subject to local property tax)? ❑ Yes ❑ No If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property.) B. 1S THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes ❑ No If yes, enter date of occupancy Month / Da Month Day 19or intended occupancy C. TYPE OF PROPERTY TRANSFERRED: y ❑ Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple -family residence (no. of units: ) ❑ Co-op/Own-your-own ❑ Mobilehome ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other (Description: D. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No E. IF THE ANSWER TO QUESTION D IS YES, IS THE INCOME FROM: ❑ Lease/Rent ❑ Contract ❑ Mineral rights ❑ Other -Explain: F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good ❑ Average ❑ Fair ❑ Poor REMARKS: Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the property such as the physical condition of the property, restrictions, etc. I certify that CITY - Signed--B-1� and.cq�mplete to the best of my Swen Lai!9't'ii; E" rrepresentatwe/Corpor Lo rie Please print name of new Owner/Legal Representative/Corporate Of -cer Phone number where you are available from 8.00 a.m. to 5:00 p.m. () d belief. Date/ Januar 27, 1994 , City Clerk (NOTE: The Assessor may contact you for further information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the recorder may charge an additional recording fee of twenty dollars ($201. The additional fee shall not be charged if the document is accompanied by an affidavit that the transferee is not a resident of California. AFFIDAVIT OF NON-RESIDENT TRANSFEREE The Transferee (buyer) named above is a resident of and not a resident of the Slate of California. State Signed Data New Owner/Legal Representative/Corporate Officer Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 CITY OF REDLANDS Attn: Daniel Rodriguez Community Services Director P. 0. Box 3005 Redlands, CA 92373 Date : 01/06/94 Escrow No.: 12967-DC Property Redlands, CA Vacant Land 168-091-050789707 o Re 0 COMM��e'Ved IN CONNECTION WITH THE ABOVE REFERENCED ESCROW, WE ENCLOSE THE FOLLOWING: Estimated Settlement Statement; Amendment re release of contingency. When you are in position to close this transaction, I will need the following from the City: 1, Executed and completed Escrow Instructions & Forms, prepared 12/29/93; 2. Buyer's Separate Instruction (enclosed); 3. Certificate of Acceptance; 4. Funds in the form of a Bank Cashiers Check payable to GUARDIAN ESCROW, INC. in the amount of $980,650.00. IF YOU SHOULD HAVE ANY FURTHER QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT THE UNDERSIGNED. Sincerely, eriise Casey certified Senior, scrow Officer CC: ROBERT ALLEN ROBERTS, BROKER Guardian Escrow, Inc. 1O1 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 CITY OF REDLANDS P.O. Box 3005 Redlands, CA 92373 Date . 12/27/93 Escrow No.: 12967-DC Property . Vacant Land Redlands, CA 168-091-09 In connection with the above numbered escrow, we enclose the following items As INDICATED for your review. (X) Escrow Instructions (sign and return) (X) Change of Ownership Form (X) Notice to Buyer (2) (X) Copy of Grant Deed for your approval Please furnish us with the following item(s): (X) CERTIFICATE OF ACCEPTANCE (X) If satisfactory, all instructions and documents should be signed by you exactly as your names are typed thereon. If your names are mispelled, SIGN YOUR NAMES CORRECTLY and attach a note to the papers when you return them. On any other matters requiring changes, please advise immediately. We require only one set of instructions, the additional copies enclosed are to be RETAINED BY YOU FOR YOUR RECORDS. If you have any questions, or require assistance, please call our office. A self-addressed envelope is enclosed for your convenience. Sincerely, Denise Casey Certified Senior Escrow officer To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-470D (909) 793-3147 FAX (909) 798-4606 Guardian Fscrow, Inc. it lirented by the Department of Corporations. State of'california Date : 12/22/93 Escrow No.: 12967-DC Officer : Denise Casey MEMO Initial Deposit 51000.0 Additional Cash through escrow 975,000.0 TOTAL CONSIDERATION $ 980,000.0 SALE ESCROW INSTRUCTIONS I/WE, the undersigned Buyer, prior to close of escrow, will hand you the sum of $975,000.00, and a check for $5,000.00 will be deposited upon deposit of executed Escrow Instructions and will deliver to you any instruments which this escrow requires shall be executed by me, all of which you are instructed to use provided that ON OR BEFORE JANUARY 05, 1994 you hold a policy of title insurance through First American Title Insurance, with the usual title company's exceptions, with a liability in the amount of the total consideration covering the following described real property: The South 1/2 of the Southeast 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof. COMMONLY REFERRED TO AS: Vacant Property Assessor's Parcel Number 168-091-09 SHOWING TITLE VESTED IN: CITY OF REDLANDS, a municipal corporation SUBJECT ONLY TO: (1) Current property taxes. (2) The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, SB813, (1983), State of California. (3) Assessments and Bonds, not delinquent, unpaid balance to be assumed by Buyer. (4) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file, and any EXCEPTION of water, minerals, oil, gas, and kindred substances, on or under said land, now of record, or in deed to file. THE CLOSING OF THIS ESCROW IS CONTINGENT ON THE FOLLOWING: I. Seller securing approval for the acquisition of the subject property from the City Council of the City of Redlands; prior to close of escrow, Seller will hand you further written instructions regarding the waiver or non -waiver of this contingency. 2. Buyer approving preliminary title report covering the subject property to be issued by First American Title company; prior to close of escrow, Buyer will hand you further written instructions providing the approval or disapprove any items disclosed by said report and waiver or non -waiver of this contingency. MISCELLANEOUS INSTRUCTIONS: 1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. 2. NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, THE PARTIES HERETO, JOINTLY AND SEVERALLY, AGREE THAT IN THE EVENT OF EXPIRATION OF THE PERFORMANCE ➢ATE ESCROW INSTRUCTIONS (continued) Page 2 ESCROW NO 12967-DC DATE 12/22/93 CANCELLATION OF THIS ESCROW, GUARDIAN ESCROW, INC. IS INSTRUCTED TO WITHHOLD ITS ESCROW HOLDOPEN FEE OF $25.00 PER MONTH BEGINNING NINETY (90) DAYS FROM THE DATE OF LAST KNOWN PERFORMANCE DATE OR DATE OF PREPARATION OF CANCELLATION INSTRUCTIONS, WHICHEVER IS EARLIER, TO BE DEDUCTED FROM FUNDS ON DEPOSIT AND DISBURSED TO GUARDIAN ESCROW, INC. IF SIGNED MUTUAL CANCELLATION INSTRUCTIONS OR EXTENSION OF THE PERFORMANCE DATE ARE RECEIVE➢ BY GUARDIAN ESCROW, INC. PRIOR TO SAID NINETY DAYS THEN THERE SHALL BE NO HOLDOPEN FEES INCURRED. PARTIES ARE FULLY AWARE OF THE CALIFORNIA ESCHEAT LAWS IN WHICH REMAINING FUNDS ON DEPOSIT ARE REQUIRED TO GO TO THE STATE OF CALIFORNIA IF PARTIES DO NOT MUTUALLY AGREE TO ANY DISBURSEMENT WITHIN THE TIME PERIOD ALLOWED. 3. Seller will furnish a copy of Seller's Trust Agreement, a copy of which is to be delivered to First American Title Insurance together with Trust Certification as to the status of said trust. 4. Seller will cause to be handed you Quitclaim Deed covering the subject property executed by Sion Shooshani and Forough Shooshani in favor of Sion Shooshani and Forough Shooshani, Trustees and their successors, as trustees of the Sion Shooshani Family Trust, a Trust Agreement dated June 18, 1990, which document is to be recorded with other documents through this escrow at the expense of the Seller. 5. Prior to close of escrow, Buyer will hand you Certificate of Acceptance, which is to be attached to the Grant Deed when delivered for recording. 6. In the event Buyer or Seller utilize "facsimilie" transmitted signed documents (via Panafax, Telefax, Nefac, etc.), Buyer and Seller hereby agree to accept same and instruct you as escrow holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to you, within 72 hours of transmission, any such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that any promissory note, document required by a third party in conjunction with this escrow, or document in this escrow which is to be recorded in an office of a County Recorder, must be the original of such document, bear original signature(s) and be deposited with escrow holder prier to the close of this escrow. PRORATE AND/OR ADJUST THE FOLLOWING AS OF DATE OF CLOSE OF ESCROW: Real Property Taxes for fiscal year using as a basis for said prorations the latest tax figures available as disclosed by preliminary title report and subsequent verification of same with title company at close of escrow. PARTIES ARE AWARE THAT DUE TO PROVISIONS OF PROPOSITION 13 AND SENATE BILL 813 (1983), STATE OF CALIFORNIA, THERE MAY BE SUPPLEMENTAL TAX BILLS IN THE PROCESS OF BEING ISSUED DUE TO ANY RECENT CONSTRUCTION OR CONVEYANCE OF SUBJECT PROPERTY, AND IN ALL PROBABILITY THERE WILL BE A SUPPLEMENTAL BILL ISSUED DUE TO THIS CONVEYANCE. ESCROW HOLDER CANNOT ASCERTAIN AND WILL NOT BE CONCERNED WITH ANY SUCH MATTERS IN THE PRORATIONS TO BE MADE HEREIN. AS A MEMORANDUM ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED, IT IS UNDERSTOOD BETWEEN THE PARTIES THAT THESE INSTRUCTIONS ARE ENTERED INTO BY THEM IN ORDER TO ENABLE ESCROW HOLDER TO PROCESS AND CLOSE THIS ESCROW, BUT ARE IN NO WAY INTENDED TO CANCEL OR SUPERSEDE THAT CERTAIN REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT AND COUNTER OFFER(S) THERETO, EXECUTED BY THE UNDERSIGNED PRIOR TO OPENING OF ESCROW, AND THE FOLLOWING ARE ADDED TO THESE INSTRUCTIONS AT THEIR REQUEST, AND AS AN ACCOMMODATION ONLY: a, Buyer is aware the sale of the subject property does not include current crop as there exists a farming lease that has not been renewed for the next year. Escrow holder is to have no further concern with regard to said lease. b. Seller has the option to secure a survey covering the subject property to determine the total acreage. In the event the acreage is more or less than 27 acres, both parties agree to adjust the price per acre. Purchase price is based on $35,000.00 per acre. C. All terms and conditions set forth in Real Estate Purchase Contract and Receipt for Deposit executed by the parties outside of and prior to oneninc of ����._ ► /� ESCROW INSTRUCTIONS (continued) Page 3 unchanged. ESCROW NO 12967-DC DATE 12/22/93 I/we, Seller, agree to the foregoing instructions and prior any funds or documents necessary for us to comply therewith, Provito said date will hand you the funds and instruments deliverable to us. Pay any encumbrancesded neceYoussaryltofplacus e title in the condition called for and any bonds, assessments, delinquent taxes and/or liens and encumbrances now of record, except for those provided for herein. THE GENERAL PROVISIONS ATTACHED HERETO ARE BY REFERENCE THERETO INCORPORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY BET FORTH HEREIN Each of the undersigned states he has read the foregoing instructions and agrees to them, and hereby acknowledges receipt of a copy hereof, SELLER: BUYER., SION SHOOSHANI, Trustee, of the Sion Shooshani Family Trust, a Trust Agreement dated 6/18/90 FOROUGH SHOOSHANI, Trustee, of the Sion Shooshani Family Trust, a Trust Agreement dated 6/18/90 SHAMONEIL SHOOSHANI, Trustee of the, Shamoneil Shooshani Family Trust, a Trust Agreement dated 6/18/90 MAHIN SHOOSHANI, Trustee of the, - Shamoneil Shooshani Family Trust, a Trust Agreement dated 6/18/90 HESHMAT TAYEBI AFAGH TAYEBI CITY OFrDLANDS, a nicipal corporation Swe Larson Mayor ATTEST: yl Lorrie / vyzer, C' erk 2000 S. Alamade Los Angeles, CA 90058 P.0. Box 3005 Redlands,. CA 92373 TO: GUARDIAN ESCROW, INC. December 22, 1993 EXHIBIT "A" Escrow No. 12967-DC THE SOUTH 1/2 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN CONVEYANCE EXECUTED BY AIRPORT INDUSTRIAL, A CALIFORNIA LIMITED PARTNERSHIP IN FAVOR OF BIG BEAR MUNICIPAL WATER DISTRICT, RECORDED SEPTEMBER 27, 1988, INSTRUMENT NO. 88-323072, OFFICIAL RECORDS, DESCRIBED THEREIN AS FOLLOWS: WELL SITE NO. 2: ALL THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13 IN THE CENTERLINE OF 66 FOOT WIDE SAN BERNARDINO AVENUE; THENCE ALONG SAID CENTERLINE, SOUTH 89 DEG. 13' 16" WEST 1620.00 FEET; THENCE AT RIGHT ANGLES LEAVING SAID CENTERLINE, NORTH 0 DEG. 46' 44" WEST 44.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING, CONTINUING NORTH 0 DEG. 46' 44" WEST 50.00 FEET; THENCE NORTH 89 DEG. 13' 16" EAST 50.00 FEET; THENCE SOUTH 0 DEG. 46' 44" EAST 50.00 FEET; THENCE SOUTH 89 DEG. 13' 16" WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. WELL SITE NO. 3: ALL THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE'SOUTHEAST CORNER OF SAID SECTION 13 IN THE CENTERLINE OF 66 FOOT WIDE SAN BERNARDINO AVENUE; THENCE ALONG SAID CENTERLINE, SOUTH 89 DEG. 13' 16" WEST 620.00 FEET; THENCE AT RIGHT ANGLES LEAVING SAID CENTERLINE, NORTH 0 DEG. 46' 44" WEST 44.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING; CONTINUING NORTH 0 DEG. 46' 44" WEST 50.00 FEET; THENCE NORTH 89 DEG. 13' 16" EAST 50.00 FEET; THENCE SOUTH 0 DEG. 46' 44" EAST 50.00 FEET; THENCE SOUTH 89 DEG. 131 16" WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. Escrow No. 12967—DC Guardian Escrow, Inc. GENERAL PROVISIONS 1. All funds received In this escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check: checks not presented for payment within six months after date are subject to service charges in ac- cordance with your schedule in effect from time to time. Make all adjustments and proratings on the basis of a 30 day month. "Close of Escrow" is the day Instruments are recorded. All documents and funds due the respective parties herein are to be mail- ed to the addresses set out below their respective signatures, unless otherwise instructed, Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made herein for the payment of any sum, the delivery of any instrument or the performance of any act "Outside of escrow," you as escrow holder shall have no responsibility therefor and shall not be concerned therewith. 2. Seller in a sale escrow or borrower Ina loan escrow guarantees and you shall be fully protected in assuming that, as to any in- surance policies handed you, each policy is in force, has not been hypothecated, and that all necessary premiums therefor have been paid. You will, as my agent, assign any fire and other insurance policies, handed you or that Beneficiaries inform you they hold. Deliver assurances of title, and fire or other insurance policies, if any, to holder of senior encumbrance or his order, or if there be no encumbrances, then to the order of buyer or lender. Any policy of title insurance called for herein may be issued for the benefit of all parties in interest, may be procured by you from any title company operating in the county where the property is located, and will be subject to exceptions and conditions in such company's regular printed form. These instructions may be exe- cuted in counterparts. All such counterparts together shall constitute one and the same document. You are hereby authorized to deposit any funds or documents handed you under these Escrow instructions, or cause the same to be deposited, with any other escrow, company, bank, lending institution, or title company in the event such deposit shall be necessary or convenient to carry out the instructions set forth in this escrow, subject to your order. You are hereby given a lien upon any property held by you for me, whether held in this escrow or otherwise, for any and all escrow fees, expenses, costs, attorney's fees, losses and other liabilities incurred by you and arising out of, connected with or incidental to this escrow or any other escrow to which we are a par- ty. You may deduct from my net proceeds any amount I may owe you in any other matter. You may destroy these instructions and all other instructions and records in this escrow at any time after five years from the date of the close of this escrow. 3. In consideration of your undertaking to act hereunder, 1 agree to pay, when called upon by you so to do, for: all services per- formed for me, together with all charge, expenses and costs incurred or paid for me by you as customarily allocated, unless the written instructions herein provide to the contrary. Should either party revoke, or fail to complete this escrow in accordance with the terms, such party shall pay and hereby agrees to pay all fees, costs, expenses and charges for both of the parties hereto, and such payment by such party shall not prejudice any other rights or causes of action which might be vested in the other party hereto, except that should an escrow with a contingency not be completed because of the failure of the contingency then each party agrees to pay one half of the escrow costs and expenses. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a reasonable fee for attorney's services which may be required to collect such fees or expenses. 4. You shall be under no obligations or liability for failure to inform me regarding any sale, loan, exchange, or other transaction, or facts within your knowledge, even though same concern the property described herein, provided they do not prevent your com- pliance with these instructions. You are not to be held liable for the sufficiency or correctness as to form, manner or execution, or validity of any instrument deposited in this escrow, nor as to identity, authority, or rights of any person executing the same, nor for failure to comply with any of the provisions of any agreement, contract or other instrument filed herein or referred to herein, and your duties hereunder shall be limited to the safekeeping of such money, instruments or other documents received by you as escrow holder, and for the disposition of same in accordance with the written instructions accepted by you in this escrow. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. 5. If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any exten- sion thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not to complete it. 6. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any actions or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you, arising out of, connected with, or incidental to this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharg- ed from all obligations further to perform any and all duties imposed upon you in this escrow. 7. If a party to this escrow unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order shall be subordinate to the expenses of this escrow, liens of record on the subject proper- ty, and payments, directed to be made by original parties together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless, and to pay such assignments or orders only out of the net proceeds due except for such assignments or orders, and to pay them in the order in which such assignments or orders are received by you. 8. Any pro -ration of rentals is to be based on rental statement handed you by the SellerlGrantor. You are to consider that SellerlGrantor will collect all rents which fall due prior to the close of escrow, unless he instructs you in writing to the contrary, No adjustment against the Buyer/Grantee on uncollected rents is to be made. Any pro -ration of taxes is to be based on latest tax statement available. You are not responsible for any personal property tax and/or supplemental taxes which may be assessed to the SellerlGrantor or any former owner of the property described herein, nor for the corporation or license tax of any corporation as former owner. If this escrow provides for the transfer of water stock at close of escrow, unless otherwise stated herein; all en- cumbrance holders at close of escrow shall be named as pledgee, as their interests appear, and said stock, upon reissue after close of escrow, is to be delivered to the first nlednFA, and if no n1aHa o ,: ehe rocor-' ov;nar. 9. We, jointly and severally, agree to save and hold you harmless by reason of any misrepresentation or omission by Seller or Buyer or his agent as to Seller's compliance with rules and/or regulations of any governmental agency, Federal, State, County, Municipal, of otherwise. You shall make no physical examination and/or representation of the real and/or personal property described in any document deposited in this escrow. You are instructed to furnish to any broker or lender Identified with this transaction, or anyone acting on behalf of such lender, any information concerning this escrow, copies of all instructions, amend- ments and statements upon request.. 10, Each BuyerlGrantee will furnish a Preliminary Change of Ownership Report covering this transaction, which is to be forward- ed to the title company for delivery to the appropriate County Recorder at time of recordation of documents, without your further responsibility. SellerlGrantor will complete and deposit forms required by escrow holder to produce 1099 forms pursuant to and as required by Internal Revenue Service Code Section 6045(3), 6676, 6722, 6723 and 7201 Documentary Transfer Tax is to be com- puted on full value of property conveyed (or full value less remaining encumbrances, if applicable) and will be paid by SellerlGran- tor unless otherwise stated. SIGNATURES: CITY OF RED ND �municipal corporation Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 NOTICE TO BUYERS AND SELLERS I. THE UNDERSIGNED BUYERS AND SELLERS HEREIN ACKNOWLEDGE THAT IN COMPLIANCE WITH CALIFORNIA STATE LAW, THIS ESCROW WILL NOT CLOSE, NOR WILL DOCUMENTS BE RECORDED, UNTIL BUYER'S FUNDS, INCLUDING NEW LOAN PROCEEDS, HAVE BEEN COLLECTED, AS DEFINED BY LAW. 2. PER DIEM INTEREST WILL BE CHARGED TO SELLER BY THEIR LENDER UNTIL THE DATE LENDER RECEIVES PAYOFF FUNDS (or as directed in lender's demand statement) AND PER DIEM INTEREST WILL BE CHARGED TO BUYER B.Y THEIR LENDER FROM DATE OF FUNDING. IN THE EVENT BUYER ORIGINATES A NEW FHA -INSURED LOAN OR VA -GUARANTEED LOAN, THE BORROWER (BUYER) MAY ONLY BE CHARGED INTEREST FROM THE DATE OF RECORDING PER GOVERNMENT REGULATIONS: THEREFORE, THE LENDER MAY REQUIRE THE SELLER BE CHARGED WITH INTEREST FROM THE DATE OF FUNDING TO THE DATE OF RECORDING. 3. IN THE EVENT THE TITLE COMPANY DOES NOT HOLD SUFFICIENT FUNDS TO PAY ALL LIENS AS REQUIRED, ESCROW HOLDER IS HEREBY AUTHORIZED TO DISBURSE FUNDS EQUAL TO THE DEFICIT TO THE TITLE COMPANY AFTER BUYER'S FUNDS ARE CLEARED BY THE BANK AND PRIOR TO RECORDING. 4. TO MINIMIZE DELAYS IN RECORDING, ALL CLOSING DEPOSITS TO ESCROW SHOULD BE: a. IN THE FORM A BANK CASHIER'S CHECK MADE PAYABLE TO GUARDIAN ESCROW, INC. b. WIRE TRANSFERRED TO OUR BANK AS FOLLOWS: Guardian Bank 800 South Figueroa Street Los Angeles, CA 90017 Routing Number: 122040427 Account No. 001-721941 FOR DEPOSIT TO GUARDIAN ESCROW REDLANDS TRUST ACCOUNT CREDIT ESCROW NO. 12967-DC CITY OF REDLANDS Depositor's name THE UNDERSIGNED HEREIN ACKNOWLEDGES RECEIPT OF THE ABOVE NOTICE. CITY OF RE Swen Larson, May ATTEST: City � Ci a an s Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 P.Q. Box 8428 Redlands, CA 923754628 (714) 793-3147 FAX (714) 798-4606 Escrow No.12967—Oe NOTIFICATION TO BUYERS This is a notice of a withholding requirement (California Revenue and Taxation Code Sections 18805 and 26131) on sales of real property. In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a Buyer may be re- quired to withhold an amount equal to 3-'/3 percent of the sales price, in the case of a disposition of California real property interest by either: 1. A Seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the Seller, OR 2. A corporate Seller which has no permanent place of business in California. For failure to withhold, the Buyer may become subject to a penalty in an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no Buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hun- dred thousand dollars ($100,000.00), OR 2. The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The Seller, who is an individual, executes a written certificate, under penalty of per- jury, that the California real property being conveyed is the Seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis. The Seller may request reduction/waiver by contacting: FRANCHISE TAX BOARD WITHHOLD AT SOURCE UNIT P.O. Box 651 Sacramento, CA 95812-0651 (916) 369-4900 THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OFT E ABOVE NOTICE. CITY OF RFALANNS 27/94 (Date) Swen arson, Mayor (Date) ATTES' : /94 (Date) y�d ` o a(Date) To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc. it Iicemrd by the Department of Corporatiom, State of California Date : 01/24/94 Escrow No.: 12967-DC Officer Denise Casey Property Redlands, CA Vacant Land MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED - SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: 1. Seller will cause to be handed you a Certificate for 34 shares of stock in Mentone Acres Mutual well Company, which is to be transferred to the Buyer at the close of escrow or upon your receipt of the certificate, whichever later occurs. All parties acknowledge that in the event existing certificate is held by a lender in pledge, said certificate may not be released until after the close of escrow. Any indebtedness incurred in connection with said water stock shall be paid by the Seller, together with transfer fees and closing water bills, as charged by the water company. 2. Seller herein approves payment of billing from Kenneth R. King, Civil Engineer, 10 E. Vine Street, Suite 214, Redlands, CA 92373, in the amount of $800.00. 3. As an additional memorandum agreement between the parties with which escrow holder is not to be concerned, Buyer accepts the acreage of the subject property as defined in survey dated January 21, 1994 from Kenneth R. King, Civil Engineer, and both parties agree the purchase price of the subject property shall remain unchanged. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SELLER: BUYER: CITY OF ^DL a unicipal corporation SION SHOOSHANI, Trustee, of the Sion Shooshani Family Trust, a Trust Agreement dated 6/18/90 Swen Larson Mayor FOROUGH SHOOSHANI, Trustee, of the Sion Shooshani Family Trust, a Trust ATTEST:.!I' Agreement dated 6/18/90 City C rk, C f Redlands r SHAMONEIL SHOOSHANI, Trustee of the, Shamoneil Shooshani Family Trust, a Trust Agreement dated 6/18/90 MAHIN SHOOSHANI, Trustee of the, Shamoneil Shooshani Family Trust, a Trust Agreement dated 6/18/90 HESHMAT TAYEBI AFAGH TAYEBI 2000 S. Alameda Street P.O. Box 3005 Los Angeles, CA 90058 Redlands, CA 92373 FIRST AMERICAN TITLE INSURANCE COMPANY 323 COURT STREET (P.O. BOX 6327) SAN BERNARDINO, CA 92412 (909) 889-0311 ATTENTION: 177506 YOUR REFERENCE: TAYEBI OUR ORDER NO. 177506 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT "A" ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF DECEMBERR33, 1993 AT 7:30 A.M. SHERIDAN REID SR. TITLE OFFICER - SPECIAL PROJECTS PAGE 1 TO: GUARDIAN ESCROW, INC. December 27, 1993 Redlands, CA Escrow No. 12967-DC This report is approved. The legal description, current property taxes, and Items 2, 3, 4, 5, 8 & 9, as set forth therein are to show on policy of title insurance to be issued in conjunction with this escrow. The contingency in the escrow regarding Buyer's approval of the preliminary title report is hereby waived and you are to proceed with the processing and closing of this escrow without further regard thereto. CITY OF R DLAND cipal corporation F Swen Larson, Mayor 177506 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SION SHOOSHANI AND FOROUGH SHOOSHANI, TRUSTEES AND THEIR SUCCESSORS AS TRUSTEES OF THE SION SHOOSHANI FAMILY TRUST, A TRUST AGREEMENT DATED JUNE 18, 1990, AS TO AN UNDIVIDED 30% INTEREST; SHAMONEIL SHOOSHANI AND MAHIN SHOOSHANI, AS TRUSTEES OF THE SHAMONEIL SHOOSHANI FAMILY TRUST, A TRUST AGREEMENT DATED JUNE 18, 1990, AS TO AN UNDIVIDED 20% INTEREST; AND HESHMAT TAYEBI AND AFAGH TAYEBI, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 50% INTEREST, ALL AS TENANTS IN COMMON THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN CONVEYANCE EXECUTED BY AIRPORT INDUSTRIAL, A CALIFORNIA LIMITED PARTNERSHIP IN FAVOR OF BIG BEAR MUNICIPAL WATER DISTRICT, RECORDED SEPTEMBER 27, 1988, INSTRUMENT NO. 88-323072, OFFICIAL RECORDS, DESCRIBED THEREIN AS FOLLOWS: WELL SITE NO. 2: ALL THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13 IN THE CENTERLINE OF 66 FOOT WIDE SAN BERNARDIND AVENUE; THENCE ALONG SAID CENTERLINE, SOUTH 89 DEG. 13' 16" WEST 1620.00 FEET; THENCE. 4T RIGHT ANGLES LEAVING SAID CENTERLINE, NORTH 0 DEG. 46' 44" WEST 44.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM THE PAGE 2 177506 TRUE POINT OF BEGINNING, CONTINUING NORTH 0 DEG. 46' 44" WEST 50.00 FEET; THENCE NORTH 89 DEG. 13' 16" EAST 50.00 FEET; THENCE SOUTH 0 DEG. 46' 44" EAST 50.00 FEET; THENCE SOUTH 89 DEG. 13' 16" WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. WELL SITE NO. 3: ALL THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13 IN THE CENTERLINE OF 66 FOOT WIDE SAN BERNARDINO AVENUE; THENCE ALONG SAID CENTERLINE, SOUTH 89 DEG. 13' 16" WEST 620.00 FEET; THENCE AT RIGHT ANGLES LEAVING SAID CENTERLINE, NORTH 0 DEG. 46' 44" WEST 44.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING; CONTINUING NORTH 0 DEG. 46' 44" WEST 50.00 FEET; THENCE NORTH 89 DEG. 13' 16" EAST 50.00 FEET; THENCE SOUTH 0 DEG. 46' 44" EAST 50.00 FEET; THENCE SOUTH 89 DEG, 13' 16" WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1993-94: FIRST INSTALLMENT: $4,557.24 DELINQUENT. TOTAL AMOUNT $5,012.98 SECOND INSTALLMENT: $4,557.20 CODE 5001, PARCEL NO. 168-091-09 TAX BILL NO. 930119741 EXEMPTION: NONE 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. RIGHTS OF THE PUBLIC OVER ANY PORTION OF SAID LAND LYING WITHIN THE BOTjNDARIES OF ANY ROAD, STREET OR HIGHWAY. PAGE 3 177506 4. AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, RECORDED IN BOOK 825, PAGES 371 AND 372, OFFICIAL RECORDS. SAID EASEMENT IS FOR STREET PURPOSES AND IS LOCATED WITHIN THE SOUTH 33 FEET OF SAID LAND. SAID EASEMENT WAS CONVEYED TO THE CITY OF REDLANDS BY SUCH DOCUMENT. 5. TERMS, PROVISIONS AND CONDITIONS OF AN AGREEMENT BETWEEN DONALD S.C. ANDERSON AND THE COUNTY OF SAN BERNARDINO, RECORDED AUGUST 8, 1961, IN BOOK 5504, PAGE 448, OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $240,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 11, 1978, IN BOOK 9471, PAGE 462, OFFICIAL RECORDS. DATED: JANUARY 1, 1978 TRUSTOR: WABASH 28, A GENERAL PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: WILLIAM C. BURNS AND MARY R. BURNS, HUSBAND AND WIFE AS JOINT TENANTS COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN SAID DEED OF TRUST. REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO WILLIAM C. BURNS AND MARY R. BURNS, TRUSTEES OR SUCCESSOR TRUSTEE OF THE WILLIAM C. BURNS AND MARY R. BURNS TRUST DATED DECEMBER 22, 1989, BY ASSIGNMENT RECORDED JANUARY 8, 1990, INSTRUMENT NO. 90-007835, OFFICIAL RECORDS. Lr PAGE 4 177506 THE EFFECT OF A FULL RECONVEYANCE EXECUTED BY UNITED TITLE COMPANY, AS TRUSTEE, RECORDED MAY 13, 1993, INSTRUMENT NO. 93- 205913, OFFICIAL RECORDS. 7. C)V� 11� G �c� c S A DEED F T TO SECUREXAN INDEBTEDNESS IN THE OFf IG I NAL PRI AL SUM OF $336,000.00, AND ANY OTHER AMOUNTS AND/OR I,IGATIONS SECURED THEREBY, RECORDED SEPTEMBER 9, 1980, INSTRUMENT NO. 80-202818, OFFICIAL RECORDS. DATED: AUGUST 11, 1980 TRUSTOFt: CHRIS PAIR, A SINGLE MAN TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: WABASH 28, A GENERAL PARTNERSHIP COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN SAID DEED OF TRUST. A DOCUMENT RECORDED FEBRUARY 11, 1986, INSTRUMENT NO. 86-035633, OFFICIAL RECORDS, SUBSTITUTES FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE IN SAID DEED OF TRUST. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO HESHMAT TAYEBI, BY ASSIGNMENT RECORDED MARCH 3, 1989, INSTRUMENT NO. 89-076920, OFFICIAL RECORDS. 8. AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 27, 1988, INSTRUMENT NO. 88-323072, OFFICIAL RECORDS. SAID EASEMENT IS FOR RIGHT OF ENTRY, PIPE LINES AND APPURTENANCES AS INFERRED TO BY SAID DOCUMENT AND CANNOT BE LOCATED FROM THE RECORD. SAID EASEMENT WAS CONVEYED TO BIG BEAR MUNICIPAL WATER DISTRICT BY SUCH DOCUMENT. NOTE: SAID DOCUMENT RECITES: THE RIGHT OF ENTRY TO THESE WELL SITES SHALL BE OFF OF SAN BERNARDINO AVENUE. PAGE 5 177506 M AN EASEMENT FOR ABOVE GROUND OR UNDERGROUND CONDUITS OR BOTH AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 2, 1989, INSTRUMENT NO. 89-039312, OFFICIAL RECORDS. SAID EASEMENT IS DESCRIBED AS FOLLOWS: A STRIP OF LAND, 12 FEET IN WIDTH, LYING WITHIN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN; THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE SOUTH 89 DEG. 13' 16" WEST, 558 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEG. 46' 44" WEST, A DISTANCE OF 65 FEET. EXCEPTING THEREFROM ANY PORTION LYING -WITHIN E. SAN BERNARDINO AVENUE, AS NOW ESTABLISHED. SAID EASEMENT WAS CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION BY SUCH DOCUMENT. REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. 10. c' nV'2 G`+�C e�4L A SHORT FORM DEED OF TRUS`i� AND ASSIGNMENT OF RENTS TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $283,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 7, 1989, INSTRUMENT NO. 89-124669, OFFICIAL, RECORDS. DATED: MARCH 20, 1989 TRUSTOR: SION SHOOSHANI AND FOROUGH SHOOSHANI, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 30% INTEREST AND SHAMONEIL SHOOSHANI AND MAHIN SHOOSHANI, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 20% INTEREST AND HESHMAT TAYEBI AND AFAGH TAYEBI, HUSBAND AND WIFE AS JOINT TENANTS, AS TO AN UNDIVIDED 50% INTEREST, ALL AS TENANTS IN COMMON TRUSTEE: UNITED TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: AIRPORT INDUSTRIAL, A CALIFORNIA LIMITED PARTNERSHIP PAGE 6 177505 11. THE REQUIREMENT THAT THE QUITCLAIM DEED EXECUTED BY SION SHOOSHANI AND FOROUGH SHOOSHANI, HUSBAND AND WIFE IN FAVOR OF SION SHOOSHANI AND FOROUGH SHOOSHANI, TRUSTEES AND THEIR SUCCESSORS, AS TRUSTEES OF THE SION SHOOSHANI FAMILY TRUST, A TRUST AGREEMENT DATED DUNE 18, 1990, RECORDED JULY 30, 1990, INSTRUMENT NO. 90-300657, OFFICIAL RECORDS, RE-RECORDING TO INCLUDE A FULL LEGAL DESCRIPTION ATTACH THERETO. 12. THE VALIDITY, TERMS AND CONDITIONS OF THE TRUSTS REFERRED TO IN THE VESTING AND THE EFFECT OF ANY FAILURE TO COMPLY THEREWITH. A COMPLETE COPY OF SAID TRUSTS AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR EXAMINATION PRIOR TO THE ISSUANCE OF FURTHER TITLE EVIDENCE. SR/AMF PAGE 7 0 &PE, Nov. 1949 SA/2 S E 1/4 Sea 13, T1S,R.3 W., S B.B & M. Redlands City Tax Rate Area 5001 This is not a survey of the lend but Is complM for Information by the First American Title Insun=o Company from data shown by the official records. 3 f Note Assessors Bt . a Lot Numbers Shown to circles. Aaaeaeor� Map Book 168 tape 09 Son Bernardino County 29 !2 168-09 r". too' REMEa 1/ryes r at AL CaNg Tsl vision FranchisQ Age - Following brief discussion, Council - member Larson moved to approve an extension of the Cable Television Agreement from January 28, 1994, to May 31, 1994, to allow the new owner, Tele Communications Incorporated (TCI) and the City staff to review the final draft of the franchise agreement prior to presentation to the City Council. Grove Maintenance Agreement - On motion of Councilmember Cunningham, seconded by Councilmember Foster, Council unanimously continued consideration of the termination of the grove maintenance agreement with the Smith Family for cultural practices to the existing grove at 916 West Olive Avenue. Mr. John Smith has submitted a revised agreement and would like to meet with the Citrus Committee prior to City Council action. Employee_ Vacancies - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, Council unanimously authorized the following positions be filled: Account Clerk II (Utility Billing), Equipment Operator (Street Division), Payroll Supervisor, and Police Records Clerk. Funds - Measure O Property - Councilmember Foster moved to approve an appropriation in the amount of $980,650.00 from the Measure O Funds for the acquisition of approximately 27 acres of real property (APN 168-091-09) located at the northwest corner of Wabash and San Bernardino Avenues. Motion seconded by Councilmember Gilbreath and carried with Council - member Cunningham voting NO. The purchase of this parcel, adjacent to City -owned property, makes a total of approximately 67 acres of land and will be the first City park of 50 acres of more. Adjournment - There being no further business, the City Council meeting adjourned at 8:01 P.M. to an adjourned regular meeting to be held on January 25, 1994, at 9:00 A.M. in the Redlands Plaza Conference Room, 2 East Citrus Avenue, Suite 15C, Redlands, California. t-� C� City Clerk January 18, 1994 Page 7