HomeMy WebLinkAboutDeeds & Easements_D-5Commonwealtli Land Title Company
275 W. Hospitality I one, Suitc 200
San Bernardino. Calilimiia 92412
((XW) 888-7541 / 983.2511? t;ax- (tX)9) 895.2465
Issuing Policies Of
Commonwealth.
LNLand Title Insurance Company
Guardian Escrow
101 East Redlands Boulevard, #180
Redlands, California
Attn: Denise
Your Ref: 14264-DC
//U ci-s 0 , C,
Our No: 3405514-92
Title Officer:
RICHARD KNOWLTON
PRELIMINARY REPORT
Dated as of September 14, 1995 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Commonwealth
Land Title 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 he 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 l 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 insuranoe, a Binder or
Commitment should be requested.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit I of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title .
Insurance policy and should be carefully considered.
It is important to note that this &elhninary report is not a written representation as to the
condition of title and may not list all liens, defects, and encumbrances affecting title to the
land.
CLTA Preliminary Repnrl Form (Rev. ! 1118/82)
TO: GUARDIAN ESCROW, INC.
Redlands, CA
Escrow No. 14264-DC
This report is approved and the contingency in the above referenced escrow
regarding Buyer's approval of the preliminary report is hereby satisfied
and waived. You are directed to proceed with the processing and closing of
this escrow without further regard thereto. Current property taxes and items
F and l through 10, as set forth on Schedule B, are specifically approved to
remain of record and may show on the policy of title insurance to be issued
in conjunction with this escrow.
CITY 0, IM)LAN, ' , a rrun3 eipal corporation
SWEN RSON , yla. _
ATTEST
Cit Clerk, of Redlands
Dat/ October 12, 1995
3405514
Page 2
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
CLTA Form and/or ALTA Form
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
Rossmore Investments,
a California corporation as to an undivided 50% interest; and
F.M.K. Inc.,
a California corporation, as to an undivided 50% interest
The land referred to in this Report is situated in the State of California, County of San Bernardino,
and is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form (Rev, 11/)8182)
3405514
Page 3
EXHIBIT "A"
Parcel A:
Lots 14 and 15, Tract No. 12083-1, in the County of San Bernardino, State of
California, as per Map recorded in Book 176 of Maps, Page(s) 63 and 64, in the Office
of the County Recorder of said County.
Parcel B:
All of the North one-half of the South one-half of Section 13, Township 1 South, Range
3 West, San Bernardino Base and Meridian, City of Redlands, County of Riverside,
State of California, according to the Official PIat thereof.
Except the East 988.20 feet of the Northwest one -quarter and all of the Northeast one -
quarter both of the Southeast one -quarter of said Section 13.
Also except that portion of the North one-half of the Southwest one -quarter conveyed
to the City of Redlands by deed recorded August 3, 1964, in Book 6202, Page 956,
Official Records of said County, described as follows:
Beginning at the Northwest corner of the Southwest one -quarter of Section 13; thence
Easterly along the North line of said Southwest one -quarter, North 89' 30' 34" East
1800 feet; thence South 86' 19' 17" West 1802.78 feet to the West line of Section 13;
thence along the West line of said Section 13, North 0° 32' 14" West 100 feet to the
Northwest corner of the Southwest one -quarter of Section 33 and the point of
beginning.
Also except that portion of the South one-half of said Section 13 conveyed to the City
of Redlands by deed recorded February 1, 1974, in Book 8360, Page 34, Official
Records and re -recorded May 17, 1974, in Book 8433, Page 1042, Official Records of
said County, described as follows:
All that portion of the South one-half 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 Northwest corner of the South one-half of said Section; thence
Easterly along the North line of the South one-half of said Section North 89' 54' 45"
East 1800 feet (recorded as North 89' 30' 34" East 1800 feet by deed recorded in Book
6202, Page 956, Official Records of said County) to the true point of beginning; thence
continuing along the North line of the South one-half of said Section, North 89' 54'
45" East 1132.56 feet to a point which is South 89' 54' 45" West 2305.45 feet from the
Northeast corner of the South one-half of said Section; thence South 87' 03' 23" West
1134.05 feet; thence South 84' 19' 30" West 1810.30 feet to a point on the West line of
CLTA Preliminary Report Form (Re%. 11/18182)
3405514
Page 4
said South one-half of Section 13; thence North 0° 21" 07" East along the West line of
said South one-half of Section 13, 132.47 feet to the Southwest corner of that certain
parcel of land conveyed to the City of Redlands by the aforesaid deed recorded in
Rook 6202, Page 956, Official Records of said County; thence North 86' 43' 28" East
along the Southerly line of the aforesaid parcel deeded to the City of Redlands,
1803.56 feet (recorded by said deed as South 86' 19' 17" West 1802.78 feet) to the
point of beginning.
Also except, that portion of the North one-half of the South one-half of Section 13,
lying within the boundaries of Tract No. 12083-1, as per map recorded in Rook 176 of
Maps, Page(s) 63 and 64, Records of said County.
Note: Said land is shown as the remainder parcel of Tract No. 12083-1, as per
map recorded in Rook 176 of Maps, Page(s) 63 and 64, Records of said County.
CLTA Preliminary Resort Form (Rev. 11118/82)
3405514
Page 5
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. General and special taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1995-1996, which are a lien not yet payable.
B. General and special taxes for the fiscal year 1994-1995 have been paid.
Total: $72.02
First Installment: 36.02
Second Installment: 36.00
Homeowners' Exemption: $NONE
Code: 5000
Parcel: 168-041-45
Affects: Lot 14 of Parcel "A".
C. General and special taxes for the fiscal year 1994-1995 have been paid.
Total: $82.57
First Installment: 41.29
Second Installment: 41.28
Homeowners' Exemption: $NONE
Code: 5000
Parcel: 168-031-21
Affects: Lot 15 of Parcel "A".
D. General and special taxes for the fiscal year 1994-1995 have been paid.
Total: $259.40
First Installment: 129.72
Second Installment: 129.68
Homeowners' Exemption: $NONE
Code: 5000
CLTA Preliminan, Repon Form (Rev. 11118J82)
3405514
Page 6
Parcel: 168-031-22
Affects: A portion of Parcel "B".
E. General and special taxes for the fiscal year 1994-1995 have been paid.
Total: $77.41
First Installment: 38.72
Second Installment: 38.69
Homeowners' Exemption: $NONE
Code: 5000
Parcel: 168-041-46
Affects: A portion of Parcel "B" .
F. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. Rights of the public in and to any portion of said land lying within the street as same
now exist.
3. An easement for the purpose shown below and rights incidental thereto as set forth
in a document
Purpose: pipelines
Recorded: September 19, 1914, in Boob 550, Page 231, of Deeds
Affects: The exact location and extent of said easement is not disclosed of
record.
4. An easement for the purpose shown below and rights incidental thereto as set forth
in a document
Purpose: pipelines
Recorded: October 5, 1928, in Book 418, Page 23, of Official Records
Affects: Right of way 10 feet in width through a portion of the Southwest one -
quarter of Section 13, Township 1 South, Range 3 West, the
centerline of said right of way being described as follows:
Beginning at a point North 97 feet and West 11 feet from the
Southeast corner of the Southwest one -quarter of Section 13. thence
CLTA Preliminary Report Form (Rev. 1111$!$2)
3405514
Page 7
11 feet West from and parallel with the East line of said Southwest
one -quarter of Section 13 North I ° 28' West 233 feet, thence North
2 ° 02' West 1020 feet to a point North 30 feet and West 21 feet from
the Southeast corner of the North one-half of said Southwest one -
quarter of Section 13.
5. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
Grantor: Louise Spoor Mac Queen
Purpose: roadway and pipelines
Recorded: December 31, 1941, in Book 1512, Page 320, Official Records
Affects: The West 15 feet of the following described property:
The Northwest one -quarter of the Southwest one -quarter of Section
13, Township 1 South, Range 3 West, San Bernardino Base and
Meridian, as per Government Survey, excepting therefrom the East
988.20 feet thereof.
6. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Southern California Edison Company, a corporation, its successors
and assigns
Purpose: public utilities
Recorded: December 4, 1961, in Book 5601, Page 194, Official Records
Affects: A strip of land 10 feet in width lying within the North one-half of the
Southwest one -quarter of Section 13, Township 1 South, Range 3
West, San Bernardino Base and Meridian, according of Government
Survey.
Saving and excepting therefrom, all streets and highways.
The centerline of which 10 foot strip is described as follows:
Beginning at a point on the North Iine of Pioneer Street, as the same
now exists, distant West 300 feet from the Northerly prolongation of
the West line of Cortez Street; thence North and parallel with the East
line of said North one-half of said Southwest one -quarter of said
Section, a distance of 530 feet.
The Grantee, its successors and assigns, and its and their respective agents and employees.
shall have the right to trim or top such trees as may endanger or interfere with said electric
CLTA Preliminary Report Form (Rev. 11/18/82)
3405514
Page 8
line, and shall have free access to said electric line and every part thereof, at all times, for
the purpose of exercising the rights herein granted.
7. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Land Conservation Contract
Dated:
February 17, 1971
Executed by:
Sam Perricone and Mary Perricone, husband and wife as to a one-
third interest;
Louis Romoff and Ruth Romoff, husband and wife as to a one-third
interest; and
Ernest R. Larsen and Dorothy A. Larsen, husband and wife as to a
one-third interest and
The City of Redlands, a political subdivision of the State of California
Recorded:
February 25, 1971, in Book 7615, Page 481, Official Records
Reference is made to said document for full particulars.
An amendment thereto having been recorded May 17, 1974, in Book 8433, Page 1031,
Official Records.
A document subject to all the terms, provisions and conditions therein contained.
Entitled: Certificate of Tentative Cancellation of Agricultural Preserve
Dated: Not Set Forth
Executed by: The City of Redlands
Recorded: March 10, 1983, as Instrument No. 83-051173, Official Records
Reference is made to said document for full particulars.
8. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: The City of Redlands, a municipal corporation
Purpose: pipeline and right-of-way purposes, including the construction.
maintenance, repair and use of a pipeline, and ingress and egress
Recorded: October 25, 1983, as Instrument No. 83-250093, Official Records
Affects: The easement being the South 10 feet of all the North one-half of the
South one-half 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, according to the Official plat
thereof.
CLTA Preliminan• Report Form fRev. 11119/82)
3405514
Page 9
Except the East 988.20 feet of the Northwest one -quarter and all of
the Northeast one -quarter both of the Southeast one -quarter of said
Section 13.
Also except that portion of the North one-half of the Southwest one -
quarter conveyed to the City of Redlands by deed recorded August 3,
1964, in Book 6202, Page 956, Official Records of said County.
Also except that portion of the South one-half of said Section 13
conveyed to the City of Redlands by deed recorded February 1, 1974,
in Book 8360, Page 34, Official Records and re -recorded May 17,
1974 in Book 8433, Page 1042, Official Records.
9. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Lien Agreement to Secure Construction of Public Improvements
Dated: October 10, 1984
Executed by: The City of Redlands, a municipal corporation snf
Rossmore Investments FMK
Recorded: November 26, 1984, as Instrument No. 84-281755, Official Records
Reference is made to said document for full particulars.
10. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Southern California Edison Company, a corporation, its successors
and assigns
Purpose: public utilities
Recorded: December 5, 1990, as Instrument No. 90-479476, Official Records
Affects: All streets, highways and public places, and within 6 feet of all front
lot lines, also within 3 feet of all side lot lines, as shown on the Tract
No. 12083-1 on file in Book 176, Page 63 of 64 of maps, in the
Office of the County Recorder of said County.
The Grantor agrees for itself, its successors and assigns not to erect, place or maintain, nor
to permit the erection, placement or maintenance of any building, planter boxes, earth fill
or other structures except walls and fences on the above described real property. The
Grantee, and it contractors, agents and employees shall have the right to trim or cut tree
roots as may endanger or interfere with said systems and shall have free access to said
systems and every part thereof, at all times, for the purpose of exercising the rights herein
granted; provided, however, that in making any excavation on said property of the
Grantor(s), the Grantee shall make the same in such a manner as will cause the least injury
to the surface of the ground around such excavation, and shall replace the earth so removed
CLT'A PreliminaD, Report Form (Rev. 13:I8182)
3405514
Page 10
by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
11. A deed of trust to secure an indebtedness in the amount shown below:
Amount:
$1,500,000.00
Dated:
August 3, 1992
Truston
FMK, Inc., a California corporation and
Rossmore Enterprises, a California corporation
Trustee:
American Securities Company, a corporation
Beneficiary:
Wells Fargo Bank, National Association
Recorded:
September 25, 1992, as Instrument No. 92-397290, Official Records
Affects: The herein described land and other land
12. Before issuing its policy of title insurance, this Company will require evidence,
satisfactory to the Company, that the vestee corporation named herein:
(a) was duly incorporated on the date of acquisition of title hereinafter set forth and
(b) is now of good standing in the state where it was formed:
Date of Acquisition: June 16, 1981
13. This report is incomplete as to the effect of documents, proceedings, liens,
decrees, or other matters which do not specifically describe said land, but which, if
any do exist, may affect the title or impose liens or encumbrances thereon.
This Company will require statement(s) of information from buyer, seller, and/or
borrower, in order to complete this report.
Note No. 1: The premium for a policy of title insurance, if issued, will be based on 80 %
of Basic Rate.
fn
09-28-95
CLTA Preliminary Report Form (Rev. 11118182)
Commonwealth Land Title Company
275 West Hospitality Lane, Suite 100, P.O. Box 5789
San Bernardino, California 92412
(909) 888-7541/983-2519 Fax:(909) 885-2465
Issuing Policies of
Commonwealth.
Land Title Insurance Company
PIIPORTANT NOTICE
AS OF JANUARY 1, 1990, CHAPTER 598. CALIFORNIA STATUTES OF 1989, (AB
512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE LAWS
REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMENT OF ANY FUNDS.
ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY
UPON DEPOSIT.
CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAYBE
AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT,
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF
FUNDS ON THIS ORDER,
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE V�'IRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABILITY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR COMMONI EALTH LAND TITLE INSURA.N`CE
COMPANY, SAN BERNARDINO COUNTY, IS AS FOLLO'V\'S:
IST PkTERSTATE BAND
290 NORTH "D" STREET
S %\ 1317RN.kR17IN�(). CALIT-01Z\I % 924(11
ACCOUNT TO CREDIT: COMMONWEALTH TRUST ACCOUNT
ACCOUNT NO. 2061-55227
Mi % 01' R0 1'T1 No 1220002I8
SPLCIAL INSTRI'CTIO\S PLEASE BE' SL'RL TO REFERENCE OUR ORDER No.
EXHIBIT "I"
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not
by reason or: pay loss ofdamage, cost, attorneys' fees or expenses which arise
!. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use. or enjoyment of the land; (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 lath or any parcel of which the land is or was a part: or (!v) environmental protection, or the efTect
of any violation of these laws. Ordinances or governmental regulations, except to the extent
encumbrance resulting from a violation or alleged violation affecting ththat a notice of the enforcement thereof or a notice of a deices lien a
e land has been recorded in the public records at Date of Policy,
(b)Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2 Right of eminent domain unless mice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occumd 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 mitten:
(a) whether or not recorded in the public retards at Date of Policy, but created, suffered, assumed or agreed to by the insured claimahl;
(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 insured mortgage or for the estate or interest insured
by this policy.
Unenfort:eability of the lien of the insured mortgage because of the inability or failure of the insured tit Date of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. invalidity or unenforccability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending Iaw,
6 Any claim, which arises out of the trarimction.vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' right laws.
EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I)
This policy does now insure against loss or dam
I. Taxes or assessments which are not shown ge (and the Company will not pay costs, attorneys' fees or expenses) which arise by reasonor;
as existing liens by the records of any taxing authonly that levies taxes or assessmenU on rts3 Property by public
records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, public records. whether or not Shawn by the records of such agency or by the
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted br
persons in possession thereof.
3. Easement, liens or encumbrances, or claims thereof, which are not shown by the public records.
4 Discrepancies, conflict in boundary lines, shortage in area, encroachments, or any other fact
public records which a correct survey would disclose, and which are trot shown by the
5. (a) Unpatented mining claims; (b) reservations cc exceptions in patent or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
be y reason of ; following matters art expressly excluded from AK coverage of this policy and the Company will not pay loss or damage, cost, allorrieys' fees or expenses which arise
]. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrictin , regulating.
or relating to 0) the occuparrcy, arse, or enjoyment of the land; 00 the character, dimensions or location of any improvement now or hereafter geprohibiting
(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) environinentair ected on the fah, (iii) a
Of any violation of these laws, ordinances or governmental regulations. except to the exeenr that a notice of the enforcement thereof or a notice ofp a die tion.le for e��t
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(6)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
p j `':' rf --rnt domain unirss notict of the exercise the rrcf has been recoraca in thr pub'.ic records at Datc of PoijcN, but not excluding from coverage any taking,
which has occurred prior to Date of Policy which would be binding on the rights ors purchaser for val
4 Defects, liens, encumbrances. adverse claims or other matters: ue Without knowledge
(a) created, suffered, assumed or agreed to by the insured claimant:
N nor known to the Company, riot recorded in the public records at Date of Policy, but known to the insured claimant and sot disclosed in writing to the Company b.
the insured claimant prior to the date the insured claimant became an insured under this policy
(c) msulung in no loss or damage to the insured claimant;
Ids attaching Or created subsequent to Date of Polio, or
tit, resulting in loss or damage which could not have been sustained if the insured claimant had paid value for the esialt or iniertst ensured by this pouts
An% (laim which ansrs out of the transaction vesting in the Insured the estair or interest insured by this polio, by reason of the operation of federal bankrup ic) star
insolvency. or similar ercdnors nghts laws, thal is based on
a, thr transaction creating the estair or inirresi insured by this poljcs being deemed a fraudulent conveyancr or fraudulent transfer or
ir, [he transaction creating the rstntt or interest insured by the pvolrcv being deemed a preferrntia) transfrr rxccp,t µherr the prefrrrmial transfer rrsuits fro, tt,r fa
:r_ timek record the matrumeni of uansfer br
or srh necordatior, 10 smear• notice to a purthascr for value or a fudgmeni or lien credoor
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE (10-17-92)
AND A.L.T.A. LEASEHOLD LOAN POLICY (10-17-92)
EXCLUSIONS FRONT COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, ■tiorneys' fees or expenses which onse
by reason of
1 (a) Any law, ordinance or govermnental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land: (ill the character, dimensions or location of any improvement now or hereafter erected on the land; (iii i 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
fb) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of s defect. lien or encumbrance
resulting from a violation or alleged vioiation 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.
Defects• liens. encumbrances, adverse claims or other matters -
fa) 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 b.
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 crested subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lie -
for services, labor or material *(or to the extent insurance is afforded hereto as to assessments for street improvements under construction or completed at hate of
Policy)); or
(e) resulting in Foss cc damage which would not have been sustained if the insured claimant had paid value for the insured mortgage
4 Unt riforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequcni
owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated
5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6 Any statutory hen for services, labor or materials (or the claim of priority of any statutory lien for services, labor or matenals over the hen of the insured mortgage)
ansing from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part
proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7 Any claim which arises out of the transaction creating the interest of the mortgagee insured by this policy. by reason of the operation of federal bankruptcy. state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or
N the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or
(c) Ott transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure
(i) to tamely record the instrument of transfer, or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor
Inner Brackets denote coverage not contained in Leasehold Loan Policy
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
PRINTED POLICY EXCEPTIONS AND EXCLUSIONS
The Exclusions and the Exceptions of the ALTA Residential Policy Form recite that you are not insured against loss or damage, costs. attorneys' fees and expenses
resulting from
Exclusions
I. Governmental police power, and the existance or violation of any taw or 3. Title Risks:
government regulation. This includes building and zoning ordinances • that are created, allowed, or agrctd to by you
and also laws and regulations concerning- • that are known to you, but not to us, on the Policy Date — unless they
• land use appeared in the public records
• improvements on the land • that result in no loss to you
• land division
• environmental 'that first affect your title otter the Policy Date —this does not limit the
protxuon labor and material hen coverage in Item 8 of Covered Title Risks
This exclusion dons not apply to violations or tic enforcemeni of these
matters which appear in the public records at Policy Date
71, rr,:rvn^. d-,c% r.,i Lr: the 2or"rf co,r,,cr tr•rr.!r I c „
and 13 of Covered Title Risks V
The right to take the land by condemning it, unless
• a notice of exercising the right appears in the public records on the
Policy Date
• the taking happened prior to the Policy Date and is binding on you if
you bought the land without knowing of the taking
4 Failure to pay value for your title.
• to any land ouiside the area specifically described and referred to tr
Item 3 of Schedule A
or
• in streets, alleys. or waterways that touch your )and
This exclusion does not limit the access coverage in Item 5 of Co%crr,a
Tide Risks
SLandard Exceptions
{a, Any nghts, interests or claims of parries in possession of the land not shown b% the public rccor&
i? l Any easements or liens not shown by the public records
This does not limit the lien eoyerage in teem 6 of the Covered Title Risks
Am facts about the land which a correct sure:, would disclose and 4nich are not shown bN the puhlir record,
Tnii doe% trot lima the forrrd re mnv al cotitn Fr in Ilan 12 of Cc" errd bale R I s I
An% water rights claims or tale to water on m unoer the Sand
r•.^^<n R
TO: Guardian Escrow Inc.
101 East Redlands Blvd, Suite 180
P.O. Box 8428
Redlands, CA 92375.1628
(714) 793-3147 FAX (714) 798-4606
ESCROW NO.: 14264-DC
DATE
OFFICER
PARCEL f
Grantor's Valuation i 605,484.00
Encumbrance of Record A --0-
September 8, 1995
Denise Casey
PARCEI. 11
$605,484.00
-0-
1. To effect an exchange of properties Equity Conveyed rD
600 484.00 ov-) 404 v
Z. harinafter described, 1........... Ta Balance Equities: First Party Second Party
a. HU.DSON.00MPANY.,..a........ Cash from .,,..., Party ! -0- -0-
4. California. general....... New TID from..... Party on Parcel . .
b. partnership•, • somet•imes • .....
TOTALS $ 605,484.00 $605,484.00
s• refe•r•red •to- •herein •as .. _ ..._�.-._
7• "•HUDH0W k; - designated- -as- -FIRST PARTY,- will- hand- -you - deed to
8. ..................................................................
g CITY OF.REDLANDS, a_municipal.corporation, of.the..real.prop.er�y described as Parcel I.
l0.
11 ....... PARCEL.I.:. In the County of San Bernardino, State of California, viz.:
See. legal ri.escrin_tigr. _se,t,.crt' • itt. E.�;.. .a.s tacked .kie.reC.a.and
13, .............. , .. .
14. ........ ..............
16, and I,, .QIT.Y .Ok:.REDLANDS., . a .municipal .corporation, . sometimes referred t.o. herein as
16. %ITY'.'.,..de.signat:ed. as. SECOND. .P.ARTY,..will. hand .you . deed to
is. HUDSON -COMPANY,. -a - Cal.i:fornia- gener.al• partnership, --of, -the. reaI property described as
.................... ....... I
20.................................................................... .............. I ...................
. ....
21. .......PARCEL •lli • • -In- -the. -Court of. -San Bern-ard•ino., ,St -ate •of• ,Ca-liforniay- ,viz:
22. ............ See • l.ega•l • d-ese•r-ip,tion •set f•orth • in •Exhibit• •'WB .at•tached- -hereto and.. ..........
made, •a • part, •he•reo•f.......... ..... . ........................ ... .
.. . .
.....................................................................................
26. ............... .......... . .. ..........
27.
28. PRIOR TO P(;0ber 20 , . , ... 19 95 each party will also hand you any inntruments and funds neceannry on his part to enabir you
29. to cmn pfy with these lnatructkmn, which you are to use prnvkkd on or before the date art forth on One shove. pm qunilfad by Like irrovh „t on pn1,•r+ 4
3o. hereof. you hold any nwney and instruments deliverable under these instructions and hnatsunents have been tiled for record entiWig you to prmure
3l. title policies issued by or through ..... Caipmppwg.altb. baud .Tit1e..In-sQrar)ce..Company .. ....as follows:
32. Parcel I ................... • • • • • . • • • • • • . • Standard Coverage Form policy of title insurance with liability of S . 6.05., 484..00 . .
33. Parcel 11 .................................Standard Coverage Form policy of title insurance with liability of $. 605.,.484 .00.
94...................................................................... .....
35. showing title to each Parcel vested In the respective grantee above named, free of encumbrances, except .. ..
38. ......... I ............... I ....... Cleneral and Special faxes not delinquent, anti taxes which are a lien not
37. yet payable. tNclMMG MMC1A1, nlumicr tt IM AAVyArt r or w11101 m It$MAMM TIMMIN AMn cotiymrn mmitEwml. covenants, conditions, and reetrda
38. dons, now of record, if any; and rights. right@ of way, and weema nts for public utikties. water companies, alleys and aLroetx now of record, if any
39. PARCEL 1.........................................................................................................
40. ......................................................... ... ........................................... .
41. Mortgage or Trust Deed securing an Indebtedness as per its tmnN now of record it ndera' statements to show unpaid bakuxos of prbxiprd of
42. 8.... none ... • , ... , , „ g , , , • ,none.. , . , • , , . but If some should show to be more or less than said amount, then you are to keep
43. the total consideration the same as shown above, by accordingly adjusting the cA311 rlfltouoll ESCROW .............................
44.......................................................................................................................
45. 796ort deed on your .................... usual................ form, securing Note for i .................... , dated during escrow,
46. inf&vor of............................................................................................................
47. ....?�.........................................................................................................or order
48, payabg at ............................................ . due (it straight note) ...........................................
.
49. interestytrom ....................... atthe rate of ....................,..percent per annu m,payable .....................
50. .X...............:principalendinterest payable i .......,................or more on the ........................day
51. of each ...................... month, beginning on the ........................day of ....................... .19....
52. .......... ............................'........................................................... ........ .......
63. ............ X..... ....... ,................................ .............. ....... I .................
,........ .......,.
64, and contlnuing�ntll said principal and interest have been paid, executed by above grenteefs# of Parcel I ......... ..........
0
EXCHANGE ESCROW INSTRUCTIONS ESCROW NO.: 14264-DC
(Continued) Page 2 DATE: 9/8/95
2. ...... .... ... .. .... .............. ...................
4. ....... .. ...................
S. . . .. .........
6. .. ., ... . . . ......
7. ... ...................................... .. .....
8. PA RCEL11......................................................................................... ..........
9. ...... . .............. .......... I .... I...... ... ............ ,.....,.............. I .... I .......
........ .....
10. Mortgage or Trust Deed securing an indebtedness as per Its terms, now of record )Lender's statements to show unpaid balances of principal of
11. 6 X.......... ........., i ........................ but If same should show to be mare or lees than said amount, then you are to keep
12. theXotat consideration the same as shown above, by accordingly adjusting the CASH THROUGH ESCROW) .............. ................ .
13, ....X... ................................................................................... ...... ...
14, X. ........
15. Trust Drrd on ynur....... ....... .. ... usual ... ... . form. securing Note for S. .............. .... , dated during escrow.
16, infavor o ...... ... ..... ... ..... ............. ..................................... .. ..
17. X ......... ... or order
18. paynble at X due (if straight note}
19. interest from X .. at rate of per cent per annum, pnyable
20• X ; principal and interest payable S or more on the day
21. of each X month, beginning on the .1 day of - .19
22.
23.
24. and continuing until s�d principal and Interest have been paid; executed by above granteelsl of Parcel 11.
26. .HUDSON will. furnish- .you-St-atemen-t or £er•ti-fic-ate, -of. -HUDSON's partnership to be recorded
27. -with other documents in -this -escrow-at the expense of HUDSON; -whi•ch •statement is to' be'
28. .sufficient -a& required by -Commonwealth Land Title Company' to insure, -the conveyance' herein.
30• HUDSON will furnish you corporate -resolutions for Rosstiore 'InveSt'meii[s, a California '
31• -corporation, -and F.M.K. -Ind.-, a- California corporation,' 'authorizing officers required'to
32•-sign for the -corporation,'together with their names and titles. .
34. As a memorandum of agreement between the parties with which escrow holder is not to be
35• concerned, all terms and conditions set forth in Agreement-for'fhe Exchange of Properties
36. -and Escrow Instructions executed 'by"the parties outside' of and prior to opening of escrow
. .... ........................
37. remain unchanged.
..... .... . ....
42.
.. . .. ........
........... ....... ..... ...
..................
.............. .....
43.
44.
46.
............
47. .
.................... ............ .. ...
....
49. ....
60. :.................. .....
51, ... ......................................................................................
53. ...... _ ........I ...................... ... ......................... . .. .......
64. ..
55.
..........
....... ........
.....
Hfs•E ,�`
EXCHANGE ESCROW ius'rRUCTIONS rSCROW NO.: 14264-DC
(Continued) Page 3 [DATE: 9/8/95
I.......................................................................................................................
2.......................................................................................................................
a. .......... I.......................................................................................................
4...............................................
6. Prior to the date set out an Pagel. Line 28 hereof, each party will hand you funds sufficient to pay its
8, costs.
7. FIRST PARTY authorises you to charge him and pay:
8. Commission of S... CIon)�..............to...............................................................................
p.................... ......... ...................... I ........... ....................... ......:........................
.
10. Any liens and encumbrances necessary to place title to Parcel 1 In the condition called for.
11. .................. ..... ................ I ....... .................... .......................... .., ................
12. .....................................................................................................................
13.................................................................................................................... ..
14. ..................................................................................................................
I5..................................................................................................... .. .............
16:................................................................................ ............. .....,....... .........
17. ........ .........................................................................................................
IS. SECOND PARTY authorizes you to charge him and pay'
19. Commission of8... P:PPP..............to-................................._........................................... .
..............................................................
21. Any liens and encumbrances necessary to place title to parcel 11 ........................In the condition called for.
22. .......... .... ......I ................... .......... I .........
..................., ............ ..........
23.....................................................................................................................
24................ ....... ............. .......................................
.............................................
25....................................................................................................................
26......................................................................................................................
27....................................................................................................,..................
28. The following adjustments and prorations are required In this escrow:
29. Interest on Mortgages endlor Trust Deeds of records, and F.H.A. Mortgage Insurance Premium to .....none • • • . • • . • • . • • . • . • • . • • . ..
30. and funds shown Impounded for future payment of taxes. Insurance, etc.; all based on Beneficiary's statement.
31. interest to accrue on new encumbrances by endorsements on notes from . , .... none • • • .. • • • "' . ' . ' ...close of escrow
32. Taxes. Including all tax bill items except taxes on pereonai property not conveyed through this escrow to .......... . ....... .
33. based on current year's taxea, except between July I and the date you are furnished currant year's taxes iapproximately November 11 bored on
34. hrunediataly prvcoding yesr's taxes- In each case use the figures frwrt the tax biib handed you by the Fwaora Or figure_+ hunlwhed you by title cnrnr
35- pany, without FinbWty on your part as to their correctness. Each grantor agrasa to pay prior to daquency, any taxes on noel and personal property not
36. being sold herein, which tax is a lien on the real property being conveyed. You are not to be concerned therewith.
37. ltenlib on PAItCE:F..... none ... . ................. . ................ ... ...... .. ............. .
. on hunts of statement--t
38. fsunishrxl by m-Imictive grontnr, to ....... none ........................ ,and you are to rnnskler on baeb of Said rent staterssent, that grarkux
39. will collect all rests which ISO due prior to the dose of this escrow. unless he Instructs you In writing to the contrary. No adjustment against grantee on
40, uascolioctal rentaia Charge a Ikr and credit buyer with deposits poll 6 advam.% 0 any arc shown on re gw"ve rent statements ................
41. ................................................................................................................
42. ............................................... ........................................PlrefrsnufAnce PolicieSon building,
43. Premiums to ... nont'............................. an ........ I ............. I ....... ... .
situated on either Parcel I or on premises known as No.
44. .... , endlor Policies an bulidinge
45.........................................
..... ........ . ............. situated sit har on parcel Ii; or on premises known on No.
46. ........
47.
48..................... ........ .........
..............P....................... thetated.
49. you may assume that premiums on sold policies have been aid and that the licies have not been hypo
5o. Each party agrees to pay on demand, charges and expenses Incurred for him by you; including charges for title policy, for offset statements
61. and beneficiaries' statements endlor demands on property he conveys; €or Ridng in and rroiara-h% documents im "wutee: fur rwor&'ng dw�
62. and your escrow fee as dwged ... xis .L be. -paid . as • customar-ily •allocated:....... ................. ........... .
54. ...................................................................................... ..............................
55. ....................................................... ............
66. .......I .... .............................................
i
ESCROW INSTRUCTIONS ESCROW NO 14264-DC
(continued) Paae 4 DATE 09/08/95
THE FOLLOWING INSTRUCTIONS APPLY TO PARCEL I ONLY;
1. Subject property is known as Assessor's Parcel Nos. 168-031-21, 168-031-22,
168--041--45 and 168-041-46.
2. Consummation of this escrow is contingent upon CITY's approval of the preliminary
report covering the subject property to be furnished by Commonwealth Land Title, a
copy of which report is to be delivered to CITY either by personal delivery or via
U.S. Certified Mail, return receipt requested. CITY agrees to hand you further
instructions regarding the approval or disapproval of said report and the waiver or
non -waiver of this contingency within 7 calendar days from CITY's receipt of a copy
of the said report, which date may be evidenced either by date of personal delivery
acknowledgment or date of delivery as shown on the U.S. Certified hail return
receipt.
3. Consummation of this escrow is contingent upon CITY's approval of physical
inspection, tests (including an environmental investigation), zoning and economic
feasibility and suitability studies covering the subject property, to be completed
at CITY's expense outside of escrow ; unless CITY has handed you written
instructions to the contrary before the close of business on October 5, 1995, you
are at that time to consider this contingency waived by CITY without further
instructions required and you are directed to proceed with the processing and
closing of this escrow without further regard thereto.
4. Escrow is not to be concerned with any fire or other hazard insurance covering
subject property.
5. HUDSON will cause to be handed you a quitclaim Deed covering the subject property
executed by ROSSMORE INVESTMENTS, a California corporation, and F.M.K. Inc., a
California corporation, in favor of HUDSON COMPANY, a California general
partnership; which document is to be recorded with other documents through this
escrow at the expense of HUDSON.
6. Prior to close of escrow, CITY will hand you Certificate of Acceptance, which is to
be attached to the Grant Deed covering subject property when delivered for
recording.
THE FOLLOWING INSTRUCTIONS APPLY TO PARCEL II ONLY:
1. Subject property is known as Assessor's Parcel Nos. 292-072-07 and 292-072-12.
2. Consummation of this escrow is contingent upon HUDSON's approval of the preliminary
report covering the subject proeprty to be furnished by Commonwealth nand Title, a
copy of which report is to be delivered to HUDSON either by personal delivery or via
U.S. Postal Service Express Mail, return receipt requested. HUDSON agrees to hand
you further instructions regarding the approval or disapproval of said report and
the waiver or non -waiver of this contingency within 7 calendar days from HUDSON's
receipt of a copy of the said report, which date may be evidenced either by date of
personal delivery acknowledgment or date of delivery as shown -on the U.S. Express
Mail return receipt.
3. Consummation of this escrow is contingent upon HUDSON's approval of physical
inspection, tests (including an environmental investigation), zoning and economic
feasibility and suitability studies covering the subject property, to be completed
at HUDSON's expense outside of escrow; unless HUDSON has handed you written
instructions to the contrary before the close of business on October 5, 1995, you
are at that time to consider this contingency waived by HUDSON without further
instructions required and you are directed to proceed with the processing and
closing of this escrow without further regard thereto.
4. Escrow is not to be concerned with any fire or other hazard insurance covering,,..--__
subject property.
ESCROW INSTRUCTIONS
(continued) Page 5
ESCROW NO 14264-DC
DATE 09/08/95
5. CITY will furnish you a copy of Minutes of the Redlands City Council authorisino the
conveyance of the subject property as required by Commonwealth hand Title Company to
insure the conveyance herein.
I/We, Seller, agree to the foregoing instructions and prior to said date will hand you
any tunds or documents necessary for us to comply therewith, provided you hold for us
the funds and instruments deliverable to us. Pay any encumbrances necessary to place
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
INCORPORATES) HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET 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.
FIRST PARTY:
HUDSON COMPANY, a California general
partnership
By:ROSSMORF INVESTMENTS, a California
corporation, general partner
BY:
PHIL SIRIANNI, JR., President
By:F.M.K. Inc., a California corporation
general partner
BY:
OSI, Pres1 ent
SECOND PARTY:
CITY OF R LANDS, a Mu pal corporation
SWEN LARSON Mayor
ATTEST .
Cit _ k, City of
Red r. s
Attn: R. Kosi or Phil Sirianni Jr. Attn: Administrative Services Director
23041 Avenida De La Carlota, #210 P. 0. Box 3005
Laguna Hills, CA 92653 Redlands, CA 92373
Guardian Escrow, Inc.
GENERAL PROVISIONS
Escrow No. 14264-DC
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 in a 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 aye 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, I 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.
S. 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 proration of rentals is to be based on rental statement handed you by the Seller/Grantor. You are to consider that
Seller/Grantor will collect all rents which fall due prior to the close of escrow, unless he Instructs you in writing to the contrary. No
adjustment against the Buyer/Grantee on uncollected rents is to be made. Any proration of taxes Is to be based on latest tax
statement available. You are not responsible for any personal property tax and/or supplemental taxes which may be assessed to
the Seller/Grantor or any former owner of the property described herein, nor for the corporation or license tax of any corporation
as former owner. If this escrow provides for the transfer of water stock at close of escrow, unless otherwise stated herein, all 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 pledgee, and if no pledgee, to the new record owner.
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, or otherwise. You shall make no physical examdoation andoor ;opresentation 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 7203. 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 Seller/Gran-
tor unless otherwise stated.
SIGNATURES:HUDSOM CPNPANY, a California g eneral muni� cCIT}}�� OF DLANll a
partnership
arption
By:ROSSMORI; ,IN�IESTMEN.T ��a Calif. By: F.M.K. Inc , a Calif
c�axporaz or��ezter -t-rrer corporation, General FarEner _.,:wen-Larsun. 12yo
BY: BY:
PHIL SIRIANNI, JR., Pres. RAYMOND J. KOSI, Pres.
TO: GUARDIAN ESCROW, INC.
September 8, 1995
Escrow No. 14264-DC
EXHIBIT "A"
Parcel A -
Lots 14 and 15, Tract No. 12083-1, in the County of San Bernardino, State of
California, as per Map recorded in Book 176 of Maps, Page(s) 63 and 64, in the Office
of the County Recorder of said County.
Parcel B•
All of the North one-half of the South one-half of Section 13, Township 1 South, Range
3 West, San Bernardino 'Base and Meridian, City of Redlands, County of Riverside,
State of California, according to the Official Plat thereof.
Except the East 988.20 feet of the Northwest one -quarter and all of the Northeast one -
quarter both of the Southeast one -quarter of said Section 13.
Also except that portion of the North one-half of the Southwest one -quarter conveyed
to the City of Redlands by deed recorded August 3, 1964, in Book 6202, Page 956,
Official Records of said County, described as follows:
Beginning at the Northwest corner of the Southwest one -quarter of Section 13; thence
Easterly along the North line of said Southwest one -quarter, North 890 30' 34" East
1800 feet; thence South 86° 19' 17" West 1802.78 feet to the West line of Section 13;
thence along the West line of said Section 13, North 0° 32' 14" West 100 feet to the
Northwest corner of the Southwest one -quarter of Section 33 and the point of
beginning.
Also except that portion of the South one-half of said Section 13 conveyed to the City
of Redlands by deed recorded February 1, 1974, in Book 8360, Page 34, Official
Records and re -recorded May 17, 1974, in Book 8433, Page 1042, Official Records of
said County, described as follows:
All that portion of the South one-half 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 Northwest corner of the South one-half of said Section; thence
Easterly along the North line of the South one-half of said Section North 89' 54' 45"
East 1800 feet (recorded as North 890 30' 34" East 1800 feet by deed recorded in Book
6202, Page 956, Official Records of said County) to the true point of beginning; thence
continuing along the North line of the South one-half of said Section, North 89" 54'
45" East 1132.56 feet to a point which is South 89° 54' 45" West 2305.45 feet from the
Northeast corner of the South one-half of said Section; thence South 87' 03' 23" West
1134.05 feet; thence South 84° 19' 30" West 1810.30 feet to a point on the West line of
said South one-half of Section 13; thence North 00 21 °' 07" East along the West line of
said South one-half of Section 13, 132.47 feet to the Southwest corner of that certain
parcel of land conveyed to the City of Redlands by the aforesaid deed recorded in
Book 6202, Page 956, Official Records of said County; thence North 86° 43' 28" East
along the Southerly line of the aforesaid parcel deeded to the City of Redlands,
1803.56 feet (recorded by said deed as South 86° 19' 17" West 1802.78 feet) to the
point of beginning.
Also except, that portion of the North one-half of the South one-half of Section 13,
lying within the boundaries of Tract No. 12083-1, as per map recorded in Book 176 of
Maps, Page(s) 63 and 64, Records of said County.
Note: Said land is shown as the remainder parcel of Tract No. 12083-1, as per
map recorded in Book 176 of Maps, Page(s) 63 and 64, Records of said County. �(�r
TO: GUARDIAN ESCROW, INC.
September 8, 1995
Escrow No. 14264-DC
EXHIBIT "B"
Parcel No. 1:
All that portion of the Southwest 1l4
San Bernardino Base and Meridian,
Southwest corner of said Section 16;
475.38 feet; thence South 0° 01' We
of beginning.
of Section 16, Township 1 South, Range 3 West,
beginning at a point 1419 feet East of the
thence North 1 ° 20' East 720.55 feet; thence East
st 720.34 feet; thence West 492.16 feet to the point
Except therefrom that portion conveyed to the State of California by Deed recorded
July 31, 1980, as Instrument No. 80-1701 9, in the Office of the Recorder of said
County.
Parcel No. 2:
That portion of the East half of the Southwest quarter of Section 16, Township i
South, Range 3 West, San Bernardino Base and Meridian, according to the Official
Plat thereof dated September 4, 1858, described as follows:
Beginning at (lie Northwest corner of that certain parcel of land conveyed to the State
of California by Deed recorded June 15, 1979, in Book 9708, Page 672, as Document
No. 375, Official Records of said County; thence along the West line of Said parcel,
South 0° 06' 23" East 522.6t feet to a point 49.67 feet Northerly of the South line of
said Section; thence North 89" 59' 13" East 74.74 feet to the beginning of a tangent
curve concave Northwesterly and having a radius of 30.00 feet; thence Course "A",
Easterly, Northeasterly and Northerly along said curve through an angle of 103' 22'
59", a distance of 54.13 feet; thence Course "B", North 13' 23' 46" West, 258.24 feet
to the beginning of a tangent curve concave Easterly and having a radius or 400.00
feet; thence Course "C", Northerly along said curve through an angle of 41 ° 07' 12", a
distance of 287.07 feet; thence Course "I)", North 27' 43' 26" East 412.24 feet to the
beginning of a tangent curve concave Northwesterly and having a radius of 905.00 feet;
thence Course "E", Northerly along said curve through an angle of 20' 25' 14", a
distance of 322.55 feet; thence Course "F", North 07' 18' 12" East, 143.68 feet to the
beginning of a nontanget curve concave Southerly and having a radius of 1070.00 feet;
thence Westerly along said curve from a tangent bearing North 77' 17' 30" Vest
through aii angle of 12' 38' 34", a distance of 236.10 feet; thence North 89°}56' 04"
West 100.00 feet; thence North QO° 03' 56" East 10.00 feet to the North line of that
certain parcel of land conveyed to the State of California by Deed recorded August 13,
1979, in Book 9748, Page 440, as Document No. 269, Official Records of said County;
thence along said North line North 89' 56' 04" West, 54.19 feet to the Northwest
corner of last said parcel; thence along the West line of last said parcel, South 00' 06'
23" East 894.13 feet to the poiut of beginning.
Guardian Escrow Inc.
TO. 101 East Redlands Blvd., Suite 180
P.U. Box 8428
Redlands, CA 92375-1628
(714) 793-3147 FAX (714) 798-4606
Escrow No.. ,14264 :DC... .
Date.. QjCohqI; .b, .1995.......
My previous Instructions In the above numbered escrow are hereby modified — supplemented In
go
following particulars only!
Whereever the name ROSSMORE INVESTMENTS, a California corporation, as general
partner for HUDSON COMPANY, a California general partnership, appears in this escrow,
said name is hereby amended to read ROSSMORE ENTERPRISES, a California corporation.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
HUDSON COMPANY, a California
General Partnership
BY: ROSSMORE ENTERPRISES, a California
corporation, general partner
BY: CITY OF REDLANDS, m.inicipal
PHIL SIRIANNI JR., President corpora n
Y : F . M. Y- ; , Inc., , a California Signature . $
5ignatur�.... i t. SUN; 'May .........
corporation
Signature. ... BY ...... Signature ... ATETEST : ....
RAYMOND 3. KOSI, President Ci Clerk,.. y of Redland
Address........................................ Address........................................
(CITY) (CITY)
Phone......................................... Phone .........................................
CITY OF REDLANDS r �'
AGREEMENT FOR THE EXCHANGE OF PROPERTIES
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR EXCHANGE OF PROPERTIES AND ESCROW
INSTRUCTIONS ("Agreement"), dated September 5, 1995, ("Effective Date") is made and entered
into by and between Hudson Company, a California general partnership ("Partners"), and the City
of Redlands ("City") (sometimes collectively referred to herein as the "Parties").
RECITALS
A. Whereas, Partners own approximately 18.47 acres of real property located southeast
of Sessums Drive in the City of Redlands (the "City"), San Bernardino County, California, which
is more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Partners' Property"); and
B. Whereas, City owns approximately 13.9 acres of real property known as the
Tennessee Grove and located at Route 30 and San Bernardino Avenue in the City of Redlands, San
Bernardino County, California, which is more particularly described in Exhibit "B" attached hereto
and incorporated herein by reference (the "City Property"); and
C. Whereas, Partners and City agree to exchange the Partners' Property for the City
Property subject to the terms and conditions contained herein;
NOW THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Hudson Company agree as follows.
AGREEMENT
TITLE AND DESCRIPTION OF PROPERTIES TO BE EXCHANGED
City and Partners shall exchange the Properties identified in Exhibits "A" and "B" upon the
Close of Escrow, and by grant deed convey to each other good and marketable fee title to the City
Property and Partners' Property, respectively, as evidenced by a Standard form A.L.T.A. Joint
Protection Policies of Title Insurance in an amount equal to the value of the City Property and
Partners' Property issued by Commonwealth Title Company (the "Title Company") showing title
vested in the City of Redlands and Hudson Company, subject to the exceptions to title approved by
the Parties pursuant to Sections 2.1 and 3.1 below. City and Partners shall be responsible for the
premium for the standard policy of title insurance for the respective Properties. Any additional
endorsements or policy coverage requested by either Party shall be at the Party's sole cost and
expense.
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IN THE CITY OF REDLAND3
TRACT NO. 12083-1
BRING A SUBDMSION Or A PORTION OT THE NORTH-RALp iF
S07M-HALIF OP SECTION 13, T1S, R3W, S-BYCOIIKI"Y
, SAN BMMAMDIO '�
NIC[s g MAJ<TIYrCK, fA'C, fMi1A'6iFJ1!-turraroxs ■ OAI..T1tDItI111IA
fiE7TF,MtEI. Ht!
SUMOW3 NOTES:
Gotis of Dearin : Month Line
bearing M e9'54430•E of the SE 1/4 of Set. Ll TM R S.IX.
. per Parce! slap No. 1124, PAS 12/14,
Ownardino County- records of Sae
2. • indicates found monument as h
ehoan on Survey detail Uri ereon.
3. o Ind[Ca•e9 set 1■ Iron Pipe T
4• ( ) ind:cgtes record dgto. ogged L.S. 2851 unless otN"Ise RhOM
5. (R) ind,cgtes rodloi bearirKL D'RC) Indicates Point of Reverse
indicates Point of Compound Curve. Curve. PW
6. Buiidrnq 5stback Lines shall con Form to City of Redt RetMmtkns
t, Th,s tract consists OF II lots and Lot A I& A in be awed n � c�wn by
the ornery of Lots 2, 3, !, 5. 6, T, a and 9.
oen Soil Report Wqs prepared bye fig
zRkMbZLML l4e3, and Filed With the 8u11�� R"E
of R Imrlam +n0 pepartmtmt of the City
••m &W rk Ar-i
ort.rs.
s++.srx3►
lL WSA'37r
I mirr ! v t $NlFgl!
s r^ THIS WAP IS FOR TH( PURPOSE
Or AD VA4oRru TAXATION ONIT
5AN B
x s
p,'%%1f1I41;�� 02
I
rBs3 SEC.
A 9
CO3
PH. N.1/2, S.E.1/4, Sec. 13, T.1 S., R.3
PIn. T r o c t ND. 12083-1, M B. 176163,64
Parcel Mop No. 5442 P.I. 62156
MAY 1989 PIn, Parcel uop No. 1 12 4 P.I. 12114
W., S.B.M.
Redlands City
Tax Rate Area
5000
0 irnportant, the instrument to which
starno is affixed is furnished this
courtesy onl by request, as a
intended is Y and no liability is assumed or
Y reason of reliance thereon.
Assessor's Map
Pin. S.E.1/4, Sec. 13 Book 0168 Page 04
T.1 S., R.3 W. San Bernardino Countv
= IF
0297
Q2,/)
REVISED
05/11/89
BLB
07/24/89
Bl3
03/26/93
Bl9
04/20/94
PE
02/02/95
PE
1N1S yAP IS FOR THE PURPOSE N.1/21 S.W.1/41 See. 13, T.1 S., R.3 W., S.B.M. Redlands city 0168 - 0 3
flF AO YALOREV TAXATION ONLY.
Tax Rate Area
5000 —
SAN a
(0 2 9 �1
SEC.
i'=200'
l 2.01 kC. TO i i13i.IS
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IN
•fir • Isis. Is
a�
Important, the Instrument to which this
stamp is affixed is furnished by request, as 8
courtesy only and no liability is assumed or
Intended by reason of reliance thereon. REVISED
05/12/89 810
03/26/93
Assessor's Map 04/20/94 PE8
Ph. S.W.1/4, Sec. 13 Book 0168 Page 03
MV ,non Ptn. Tract No. 12083-1. U.B. 176153,64 T.1 S., R. W. San Bernardino -County