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HomeMy WebLinkAboutDeeds & Easements_N-5Itll"I INSTRUCTIONS Date Q "St 9, 1973 Escrow No, 4871 REDLANDS ESCROW, INC. '..e.'d0nd s T ie previous. 'irisEi�ite iods;.'iri:'Lhi lJscrery :are''hereby' aidended.in the fallowing particulars only:. . Cnncellat.ion instructions: The undersigae d here y authorize and direct Eacrow Holder to cancel the above UUMbe:re d escrow, between 0ity of aadlanc s, a; municipal corporation buyer. a d. w'h�rlea A Parker and Juanita Bs marker, sellers, covering 181.66 acres more or less. Qga rqceiptof signed cancellation in4tructions Zrom all partleo 99merned,an ere herebi Authorized and instructed to return aany documents depoaiLed in escrow to persona rdenositing same. Further, the $1,000.00 now on deposit in said escrow, is to he disbursed as follows: It: Aeuiands Locrow Inc., cancellation Yee 35.00 It: Gity of kcdlaaas 965.00 $1000.00 lbua buyers anti sellers hereby relieve can other and Aedlands sacrQw Inc., from any W all liability in connection with this cancellations Y ead cancellat.ic iaipal comorati,on. r ( -.:harms 0. Parker ita A. Parker) FMM 125 Address REDLANDS ESCROW, INC. 306 EAST CITRUS AVENUE REDLANDS, CALIFORNIA - 92373 PHONE 793.2939 p.o. box 6 August 16, 1973 Escrow No. 4871 City of Redlands City Hall Redlands, California 92373 Attn: Mr. R.P. Merritt Jr. City Manager Gentlemen: Enclosed are the following in connection with our above numbered escrow, which has been cancelled: I. Copy of signed cancellation instructions 2. Our check no. 29365 in the amount of $965.00 May we request that you please acknowledge receipt of said enclosures by signing and returning the carbon copy of this letter. Sincerely yours, Lenora L McCluskey manager I 1 1973 TO: Redlands Escrow, Inc. 306 East Citrus Avenue Redlands, California 92373 Attention: Lenora K. McCluskey Re: Escrow No. 4871 Cancellation of Instructions Gentlemen: You are instructed that all previous instructions submitted by Buyer or Seller relating to the consummation of the above numbered escrow are canceled as to such purpose, and you are to return forthwith all deposited materials made by Seller or Buyer, to the appropriate party. You may deduct any appropriate charges for billings paid or services performed from the City of Redlands' $1, 000.00 deposit. CITY OF REDLANDS Jack B. Cumml:ng Mayor s C. Parker ( t - - e- - L - AL 3q nita Parker RESCISSION AGREEMENT Preamble WHEREAS, CITY OF REDLANDS, hereinafter called "City", is a municipal corporation organized and existing under and pursuant to the laws of the State of California, which is located within San Bernardino County, California; WHEREAS, CHARLES Co PARKER and JUANITA B. PARKER, hereinafter called "Seller", are individuals and residents of San Bernardino County; WHEREAS, City and Seller entered into a contractual agreement dated June 8, 1973, which is attached hereto and incorporated herein as Exhibit "A". Said City and Seller, as parties to this agreement of mutual rescission, desire to rescind that agreement attached as Exhibit "A", and hereby rescind it, Consideration In consideration of said City's and Seller's mutual rescission of said agreement attached hereto and incorporated herein as Exhibit "A", said City hereby gives up and waives its right to sue or to pursue any of the benefits or burdens under the agreement attached as Exhibit "A" and said Seller hereby gives up and waives his right to sue or to pursue any of the benefits or burdens of the agreement attached hereto as Exhibit "A -1- Surrender of Rights All rights arising out of failure to comply with the terms of said agreement, whether failure to comply occurs before or after this Rescission Agreement, are surrendered as consideration for the rescission of said agreement. Dated: (f % 1973 9 CITY OF REDLIANDS By: (J ck B. Cummings, mayor/ „City" Charles C. Parker JuAita Parker "Seller" -2- REDLANDS ESCROW, INC. 306 FAST CITRUS AVENUE REDLANDS, CALIFORNIA- 92373 N9 11746 Date 4_/O..... Tlrn. ---- Escrow No. .... Recelygd of ... 00vo � for. ......................... .... .. ... ............... . .... .... ... `�, Check )-75 ....... ....... . t) E] Cash I-pp6ji Form No. 27 v 14z" (dollars) $/11 Db—p— --- — .. REDLANDS ESCROW, INC. By �/AMI—A�� ....... RE€1LAND'S ESCROW, INC. ESCROW INSTRUCTIONS 306 EAST CITRUS AVENUE REDLANDS, CALIFORNIA PHONE: 793-2939 1. 1 hand you re h with $.. '� 000*00 .., will hand you $ ho _oatDrcas :-- 2. before.___...o..........___ _-.__-....._ ..-.._-.__.._.._------------- _.__.-- .r . aw r .. .. .. s r . ® r w r . 3. and broker will hand you $-_..................__-._..--._..___.._..__.._-_.-._.__-._-.-----...__-.. 4. for use of buyer in closing this escrow. I have paid s T- w- r-- M•- m w 5._.......:__-_-__....____._-__-._--_----------------------outside of escrow with which you 6. are not to be concerned. I will deliver to you instruments and additional funds 7. required, to enable you to comply with these instructions, which 1 authorise and 8. instruct you to use and deliver provided that within the time here4P r ei fter ea d, 9. instruments have been filed for record en�tistling you 90 procure a __.-......__-____... 10. Policy of Title Insura f . agi.;i ......Title Co. �.S _. ............................. 11. with r I! bill of $ , 7 a .................................... ............ covering Berhd4�dsao 12. property io_., ,,,, -. _.. _ _..... County, California, ,described a -fellows_ 13. 14. ESCROW NO 4071 DATE._.. *' a St I.asora i�. �iclEte� Escrow Officer Paid Outside of Escrow.---. Cash Through Escrow --.-_--- Encumbrances of Record -.. Purchase Money Deed of Trust TOTAL CONSIDERATION ------ MEMO 15. as per map recorded innM Brr000pos�k hk-.4__._ - s_s-an__--Page-..._._i-_ .-------f._ i .-------. Records f said County, Showing 41TY 1+. F 1 Wes4�3rV �i W.' . 8,6 si�� rs�yy$h " i.�« - _ 16. TITLE VESTED IN ._--.._. --__._ ...._...=_ .-.....-_ p .-.-.__'s` -__ W its !@ji'ig8 isiis'$ b" : t �'`i` a= 17. atr et i9i ala baty _f 87C1e6 - Gt._ Parker_ et -'S ivtaors ;gads .ty _of ]R d a_6do 'fF@t31' a .-. 18. Property Address181* acres mft or less}-_ _ _ ._ ...- __ ._-.. -.- __ _ .... -Al .__ _ 19. SUBJECT TO: QJ "� _._ -.._ .._. -._ .General and Special taxes for the fiscal year 19 S--- 19___. 20. INCLUDING ANY SPECIAL DISTRICT LEVIES, FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH. 21. (2) Assessments and Bonds not delinquent, unpaid balance §_.._ ------------ .-_------------- __._---------- and any personal property foxes of any farmer owner. 22. (3) Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file. 23. J/1j3�}nr r$J)+jj _ .$ ______ - - ______ - _ _____ _ _ ._... _ _ ____._ , - - f DBE$ 1 #RUS --_... _.__ 24. 4 T, as per its terms now of record, unpaid principal balance of a � ( p p p po approximately $ ___ __., the terms of which are known 25. to the parties hereto. Obtain STATEMENT of unpaid principal and interest balances on Deeds of Trust now of record, and if different from amounts 26. shown herein or if amount of NEW ENCUMBRANCE proceeds to be deposited herein are different from amount shown herein you are to keep 27. the total consideration the same as shown herein by adjusting the CASH THROUGH ESCROW, unless instructed otherwise. 28. (5).___Oo8.-__------- DEED OF TRUST on your usual form, executed by VESTEES, and . -------- __--- _________................_.__..___-.-.-----._._..._------__ -_._._.....__. 29_ securing note for $_.___.-.-..._--------- .------ infavor of ------------------------------- _....______.________..._......_._..________._..._..._.___.._-__-.__.........._-__.__ 30. dated -------------------- ------ due (if straight note( on or before ------- _-_.____- __---- _.--._--------------- after dale, with interest af_______._._-. 31. per cent per annual, from _.-____-._._-_----------.-___._.______-__._-payable __.__..__.-._..__--------------- no" 32. principal and interest due and payable in installments of $___-_-____-_...OR MORE, each on the ------------------------------- _---------- ----------- _--- _day of every 33. me 34. ._ 35. 36. 37. _ 38. 1 39. ..; 40. 41 42 43 69. Tt `tDJi I#Gg OKNJJ ' Yy 040t �(,,* WE ESCROW INSTRUCTIONS. 70. X �g Signature of Telephone Mailing Address FAN Signature of Telephone Moiling Address (Page Two) 72. THE FOREGOING INSTRUCTIONS ARE APPROVED, CONCURRED IN AND ACCEPTED IN THEIR ENTIRETY, and I will supply you with funds, notes and 73. instruments required from me to enable you to comply "wwith theses instructions which you are authorized to use and deliver, provided you hold for my 74. account any instruments accruing to me and the sum of +., [:gSE�lsY-alit-- plus any aanpy adjustments ,pdue {mmee and minus any adjustments due from me hereunder. 75. 1 shall pay for U.S.I.R. Stamps in the amount of $_-11142 $.---- _._._._..-1*W1# sp fM1A44AVA1 tg: 76. Pay all encumbrances necessary and obtain and record instruments to place title in the condition called for. 77. Pay commission of $__-_==1'Sl--__-_------- ___ ta--- ---- ___--- _---- _.___...____ --___---------- _..__....._.._._._..._.___------ _ _- 78. Pay commission of $_ --- _______-------- ............... to_ --- ___--- _________---- ______...__.__._...----- 79. Pay commission of $----- ...------ -.---------------------- to__ ------- _---- ________._. 80_ EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" AS SET FORTH HEREIN 81. AND APPROVES, ACCEPTS AND AGREES TO BE BOUND THEREBY. 82. THE UNDERSIGNED SELLER ACKNOWLEDGES RECEIPT OF A COPY OF THESE ESCROW.: INSTRUCTIONS, 83. X snyi,,�� ♦ yf ryYr mp� �.„,�. �uAf6rdk�iGrNb1'e aaRa+l�s Telephone Telephone "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" Mailing Address Mailing Address 85. TO REDLANDS ESCROW, INC. 86. Unless otherwise provided, make all adjustments on basis of 30-day month based on latest available figures in case of taxes,assessments or bonds, principal 87. and interest on encumbrances of record based on statements by mortgages, beneficiaries or holders of notes for collection, interest on new encumbrances by endorse- 88. ment on notes, and rents on basis of statement presented into escrow by seller and approved by buyer, and assume seller will collect all rents due prior to close of 89. escrow. Assume that insurance premiums are paid and transfer on behalf of parties hereto any fire insurance policies handed you. Forward such policies, upon close 90. ofescrow, to agent with the request that insurer consent to such transfer or attach Loss Payable or Mortgagee's Clause or other additions or corrections, and that 91. Agent thereafter forward such policies to parties entitled thereto. 92. The expression "close of escrow;' if written in these instructions, shall mean the date first instrument is filed of record. 93. You shall in no event be liable for forgeries or false personation in connection with these instructions, instruments of record, or those handled in this escrow. 94. You need make payment to or for or deliver documents to any party only H' in your exclusive judgment such may be made without your incurring any liability. 95. If any controversy arils between the parties hereto, or with any third person, you shall not be required to determine the same or take any action but you may await 96. the settlement of any such controversy by final appropriate legal proceedings or otherwise as you may require and/or file s suit in interpleader and obtain an order 97. from the court requiring the parties to interisland and litigate in court their several claims and rights among themselves, notwithstanding anything in these printed or 98. typed instructions to the contrary. In the event such interpleader suit is brought, you shall lose facto be fully released and discharged from all obligations to further 99. perform any and all duties or obligations imposed upon you in this escrow and the parties jointly and severally agree to pay you all costs, expenses and attorneys' 100. fees expended or incurred by you, the amount thereof to be fixed and a judgment thereof to be rendered by the court in such suit. In either event, you shall not 101. be liable for interest or damage. 102. 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" the escrow 103. holder shall have no responsibility therefor and shall not be concerned therewith. 104. You are to cause no examination or report to be made on state, county or city taxes, either real or personal, orstate corporation taxes for the year stated i 105. paragraph it) line 19 on page one prior to date first installment payments are due and payable, and you are to order no special tax report except as herein otherwise 106. specifically instructed. You are to cause no examination of the title to personal property described herein unless specifically instructed herein. 107. All monies received in this escrow by you shall be deposited in a bank in an "Escrow Funds" account with other escrow funds, and all such monies received "Escrow this and other escrows and deposited into the same "Esow Funds" count shall constitute onGeneral Escrow Fund. All disbursements shall be made to 109. parties in interest, by your check, and checks and instruments will be mailed to one of the parties entitled thereto, if more than one, to address given. Instruct 1.1U. County Recorder to mail instruments in the same manner. ill. In the event it may be necessary or proper to comply with the conditions and instructions of this escrow, you are authorized to cause to be deposited, during 112. the pendency of this escrow, any funds or documents with any bank, building and loan association, abstract company, title company or o another escrow agency 113. Ec sed under the Escrow Act, to be credited to your account upon recordation' of the instruments required to be recorded to complete this escrow; said funds 114. and c documents shall be deemed to have been received byyou, prior to recording, even though the funds or documents are in the possession of a bank, building 715. and loan association, abstract company, title company, or licensed escrow agency. 716. If the property involved in this escrow is included in escrow instructions with a bank, building and loan association, abstract company, title company or another 117. escrow agency licensed under the Escrow Act, then you are authorized to make such arrangements with such bank, building and loan association, abstract company, 118. title company or licensed escrow agency, as to delivery to it of cash or instruments as will enable you to comply with the instructions in this escrow. 119. Recordation of any instruments delivered through this escrow, if -necessary or proper in the issuance of the policies of title or abstracts of title called for, 120. is authorized, and in connection therewith, funds/or instruments. received in this escrow may be delivered to or deposited into another escrow being handled 121. by you or deposited with any title or abstract company, or another escrow agency licensed under the Escrow Act, for the purpose or complying with the terms and 122. conditions of these escrow instructions. 123. The parties to these escrow instructions authorize you to destroy these instructions and all other instruments and records in this escrow at any time after 5 years 124. from the date of these instructions. 125. Order search of title. Deliver title policy to parties entitled thereto. Prepare documents for my signature. 126. I, as buyer and/or borrower, will pay an demand, regardless of the consummation of this escrow,,. all charges and costs incurred by you for me as buyer and:or 127. borrower, including but not limited to fee for preparing instruments I should execute, or have executed, fee for recording documents, insurance endorsements, your 128. buyer's escrow fee and all other expenses and costs incurred as is in this escrow provided. 129. I, as seller and/or lender, will pay on demand, regardless of the consummation of this escrow, all charges incurred by you for me as seller, including but 130. not limited to title charge, fee for preparing instruments I should execute or have executed, your seller's escrow fee, fee for obtaining beneficiaries' statements and 131. demands, and insurance endorsements and all other expenses and costs incurred as in this escrow provided. 132. Each person signing these instructions on the reverse side hereof authorizes you to deduct all their expenses in this escrow from funds due them. 133. Each person signing these instructions on this side hereof authorizes you to deduct from their net proceeds in this escrow any amount they may owe IS4. you in any other matter. 135. The signing parties hereto jointly and severally agree to pay on demand all attorney's fees, costs and damages suffered or incurred by you in case o any 136. controversy or litigation, including but not limited to, a suit in interpleader brought by you, connectionin with o arising out of this es e , plus reasonable c - 137. pensation for time and expense in preparing for and/or attending court and you are hereby givn a lien upon all rights, titles and interest of each of the under- 138. signed in all assn,wed papers and other property or moneys deposited in this escrow, to protect your rights and to indemnify and reimburse you hereunder. 139. Whenever the context so requires, the masculine gender includes the feminine and neuter, the singular number includes the plural, and the plural number includes 140. the singular. 141. All parties agree that as far as your rights and liabilities are involved, this transaction is an escrow and not any other legal relation and you a.ts, an allow 142. holder only on the within expressed terms, and you shall have no responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange, 143. or other transaction involving any property herein described or of any profit realized by any person, firm or corporation (broker,. agent and parties to this and/or any 144. other escrow included) in connection therewith, regardless of the fact that such transaction(s) may he handled by you in this escrow or in another escrow. 145 One or more of the brokers named herein are shareholders of -Redlands Escrow, Inc 146 These instructions may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original and 147 said counterparts together shall constitute one and the some instrument. Any amended supplemental or additional instructions given shall be subject to the fore- 148 going conditions and instructions. �xr PARCEL is9. It (170 acrea-morn Or less) W;"Norttaaat quarter of the Swummat quarter; the noarthsaeat quarter of the South- east quartet; tht -- ssoUthuratt quarter Of the northeast quarter; the south ease -half o the northeast quarter of the northeast quarter; and the vest thirty acres of the southeast quarter of the northeast quarter, all of Section 9, township 2 south, ress a 3 west, Sass Bernardino Bosse and Meridian, "carding to the Gtfitial Flat of said land approved by the Survey Gaul, dated Wil 26, 18FCs. PARCEL s (4.46 acsresmmoro or less) asitorthwest *met Section 14 Township 2 South etangss 3 st, hest 416.5 feet, South 520 ' East 105.8 taet, math 360 59' hest 628 Peet, North 726 feet to the pant Of beginning. irAh s 0.2 acres -more or less) Commencing Southmsast corner Section I Township 2 South, hsefe 3 Est, torts 290 530 Feet 261 footsSouth 470 531 ;;set 363 test, Wast 416.5 fest to the point of beginning. PARCEL NO. eke (3.75®acres more or lass) Tb s w h f of the seuth oaa elf at the northeast quarter of the northeast quarter of the northeast saarter and the north sne-#elf of the oftth-half of the South one-half of the northeast quarter of the northeast quarter of the northeast quarter, motion 9, Township 2 South, Rafts 3 West. PARCEL MO. $s (1.25 screws" or less) 'i`bn -half of the South one -halt of the South one-half of the Northeast "art" of the northeast quarter of Aortheast quarter, Section to TowneUp 2 South, 8MBIT "A'' 3?Ai'aCEL No It (170 aaeres-more or leas) The evr €.:xtia]s31 sturu>-r,.er of the SaruthvaEat, gmaartar; the quarter Of the couth- east ctlartav; the zoutlaweet~ quarter Of thO UOrt1aenet: quarter; the Mouth one-half of the nOY7 1aaaat quaxtear of the northeast quarter; and the wet thirty aaarsasa 09 the acut;hoAnt quarter of the norttaem quarter, all of Section g, tc,,raaahip 2 Mouth, raarA. 3 weasaty Sears Bernardino Brat and Morirltan, esc:cordi.ng to thaa C)f i aial plat of said laad approved by the Surveyor Ge.toral& dated April 26, 1880. Gommemiag Norr€;iemst corner See,tton 10 Township 2 South aaanga :t Wart:, Gsaot 4164 i'aeety South 521 40' East 1050 faeeG, South 360 591 West 823 fae, North 729 feat to the point of ah"€?ginaing. less) ARCj,QV2Qt (M acres -more or Um s aarung Vaathwnauk eearru e Sact€on 3 Township 2 ✓aautho Ranger 3 6.tasak, por:th 290 SY East 201 i"ssaat&outh 470 531 mat. 36 Mat, heat 416.5 Past to the point OR tzsaginni,m, PARC91. NO. tas (3m75-aaeress more or less) We 1;01rtft onaa,h alf or this Stauth same-- aig of the northeast quarter of the torthoamt 0.r.f4W 09 the n0rt&aaSk quarter, and the north arse -half at' the Month om-half of the South 01:>41-h4lk Gk the aanu`Z:txmmut quaartter. A the e:orttseMraast quarter 09 the northeast quaarter^, ;5ecti.ara ek, Inanwhip 2 ,bxputh, Lkatogm 3 Winat; ` ha MU ai'a€lt 09 thai. 054th Lw"e=+Il= Of the South E^.,%S4-h. H ok ?:hz Northeast qumor of: the Dl thaeut qura'ar'tev of Sao saor.^thaaotr quarter, Section Do Township 2 Southp U U �< la _.. ......._.._....,._....,_...,...,._IN nrni,nn'na__.........._... ®..., «Slrvy e,. e....e, 1-I"IT..,... ..r•_s r :.:` '....» : .... .»« A ] Ys n A _ y5 0� � o leas+- 1 .a � wvn.ve+wx.(Y11�P� Z�x -..6'AtA3MBA © I Y re /A. n �aJ Kul' /61'•mmmm_ .,._„ (^� >rro n 14 itt i7 A 9 a q 10 Q rt, sl� rrnp O ( N LOJO 30 A0,21, N 0 !2 51 /OtlO 20 AC. 1 �D!'JO G0UN1 ,SIDi? G UNTY m 14 AC. 4A0, q 0 Nro 3 rOOp . O Q 4 q esn N 6 r"i on ro n_... RIVERSIDES GOUfJ•iY �. M..__.. "• J,7 NEW BUSINESS On motion of Councilman DeMirjyn., seconded by Councilman Millen, Resolution No, 3046, declaring real property Resolution (the old Hall of Justice) no longer needed for municipal No. 3046 purposes, was unanimously adopted. Consideration of sale Sale of of this property was advertised for .Tune 19, 1973 at 7200 Old Hall P.M. Mr. Merritt brought the additional recommendation of Justice from the Board of Parking Place Commissioners that prior to Council consideration of the bid of the VFW on the Hall of Justice, a written commitment from a bona fide leader be furnished to City Council, CITY MANAGER On motion of Councilman Sewall, seconded by Councilman, SANBAG Miller, unanimous approval was given to the modification Amendment of the SANBAG Agreement, by permitting the Board of Supervisors and the city officials to have alternate delegates attend the meetings, City Manager Merritt presented a detailed study report and a recommendation for acquisition of land for an alter- nate disposal site for Redlands upon the closure of the California Street band Fill Alternative methods and sites were extensively studied and described, and Council members and staff were pro- vided opportunity to tour this site and study the 182- acre property at first hand, Disposal This matter was discussed by Council from all aspects, ­91te including cost comparisons. band prices from $50.00 to $3,500000 per acre were mentioned Director of Sanitation Mead urged Council to acquire this property now, and warned of escalating land prices and equipment costs, increase in number of regulatory agen- cies, and scarcity of sizable parcels of property. Attorney Brunick stated that condemnation, procedure could be used but would require three to five years. Council discussion continued. Ultimately, Councilman Miller moved to approve the following requests as out- lined by the City Manager 1a Purchase of the property subject to approval of applicable regulatory agencies, including approval of an Environmental Impact Report (EIR)o 20 Sales contract or agreement based upon the terms and conditions as presented, to be finalized between the City attorney and the seller of the property. Page seven June 5, 1973