HomeMy WebLinkAboutContracts & Agreements_73-1998_CCv0001.pdf AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
MWD No. ENFED I-27-820TEA I
APN 0297-111-05 and 07
TO: Chicago Title Co.
560 E. Hospitality Lane
San Bernardino, CA 92408
Attn: Ms. Christy Munsey
L4
Sr. Escrow Officer Escrow No.
This Agreement is made as of December I-, 1998, between CITY OF
REDLANDS, a municipal corporation (Seller), and THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (Buyer).
In consideration of the mutual covenants herein contained, it is agreed as follows:
I. Seller shall sell, and Buyer shall buy, a Temporary Easement in land in the
County of San Bernardino, State of California, which interest is hereinafter referred to as
"Property," and is described in Exhibit A and shown on Exhibit B, attached hereto and
incorporated herein by reference. Said exhibits are contained in the attached grantino,
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instrument(s) (Exhibit Q of said interest(s) to be executed pursuant to paragraph 3 herein for
$17,538, payable at the close of escrow referred to hereinbelow.
2. The sale shall be completed through an escrow to be opened at Chicago Title Co.,
560 E. Hospitality Lane, San Bernardino, CA, 92408, Attention Ms Christy Munsey. Such
escrow shall be 60 days, and shall include the following terms in addition to those set forth
hereinabove:
a. Buyer shall pay reasonable closing costs of the transaction.
b. Possession of Property shall be given to Buyer at the close of escrow;
however,during the term of the escrow, Buyer's agents may enter Property for the
purpose of doing any engineering work.
C. At the close of escrow, title to the Temporary Easement described
hereinabove shall vest in Buyer subject to those title matters that have been approved by
Buyer '
in writing. Such vesting shall be insured by a standard Policy of title insurance in
the amount of the purchase price herein.
Agreement
(Easement)
MWD Parcel No.INFED 1-27-820TEA I
APN 0297-111-05 and 07
d. Buyer shall require that all liens evidencing 1 encumbrances (other
monetary
than liens for nondelinquent property taxes) be subordinated to Buyer's interest.
e. No escrow instructions other than those contained herein shall be required.
3. Seller shall execute the deed(s) necessary to effectuate this Agreement
concurrently with the execution of this Agreement, which documents, after acceptance by Buyer
as required by law, shall be transmitted immediately thereafter to escrow
company, at its address set forth hereinabove with a copy of this Agreement and instructions
Z-- to
open an escrow for the sale of Property in accordance with the terms thereof.
4. Exhibits A and B attached hereto are exhibits to this Agreement as well as to the
deed attached as Exhibit C.
6. Time is of the essence of this Agreement.
CITY OF REDLANDS, a municipal corporation
ByAL111,
William `E. Cunni- rnyor
frgha ,
1I or
—
Seller's Mailing Address: Attest: Seller
--City of Redlands
P. O. Box 3005
Redlands, CA 92373 By i
City Clerk
Attention: )r�IeP yy�,,,-� Jerk
Buyer's Mailing Address: THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, CA 90054-0153 John R. Wodraska
Engineering Division General Manager
Attention. Mr. Ronald Maculans
12
B
y
Wally M. Li N-
Assistant Chief Engineer
RGM/271F21801wstaD327 Buyer
Attachments
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 1,
1998, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared William E. Cunningham and Lorrie Poyzer
{ X} personally known to me - or - f I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
OF
LORRIE POYZER, C-ITY CLERK
NN
By:
16% Beatrice Sanchez, Deputy City Clerk
% (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Agreement of Purchase and Sale and Joint Escrow Instructions
Date of Document: December 1, 1998
Signer(s) Other Than Named Above: Wally M. Lieu, Asst. Chief Engineer, M.W.D.
EXHIBIT A
rNFEDI-27-820TEAI
(Temporary Easement)
City of Redlands,
a Municipal Corporation
A strip of land 100 feet wide in the County of San Bernardino, State of
California, lying within Lots I and 2, Block 14, as shown on map recorded in Book 8,
page 81 of Maps in the Office of the County Recorder of said County and lying within
the northwest quarter of the northwest quarter of Section 18, To,.,v-,iship I South, Range 2
West, San Bernardino Meridian, the southwesterly line of said 100 foot wide strip is
parallel with and 100 feet southwesterly of, as measured at right angles to, the
southwesterly line of that certain parcel of land conveyed to The Metropolitan NVater
District of Southern California by Grant Deed recorded September 25, 1995 as Document
No.19950')J3 1797 Official Records of said County.
The sidelines of said 100 foot wide strip of land shall be lengthened or
shortened so as to terminate northwesterly, on the northwesterly line of that certain
parcel of land conveyed to the City of Redlands by Corporation Grant Deed recorded
September 26, 1966 in Book 6702, page 268 of Official Records of said County, and
southeasterly on a line parallel with and 1163.00 feet southeasterly of, as measured at
right angles to, said northwesterly line.
EXCEPTING therefrom the southeasterly 198.00 feet of the northwesterly
411 feet of said 100 foot wide strip as measured at right angles to said northwesterly line.
PREPARED UNDER MY SUPERVISION
-j CL
(;Peter . Wiseman P.L.S. 6241 4* 6241
Date OF
PGW,P:1,,\infedl\.271IegaIX820teal.doc August2l, 1993
Page I of I
EXHIBIT B Page 1 of 1
"THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION"
POR. LOT 1 AND POR. LOT 2, BLK 14, MB 8, PAGE 81
AND POR. OF NW 114NW 114, SEC.18, T. 1 S. ,R. 2 W. SBM
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
12 ; 7
13 18
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NF OF
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O.S.
R. N
MWD FEE PROPERTY
NOT TO SCALE f INFED1-27-102
DOC# 19950331797 O.R.
-- - -- ------- REC. 09/25195
C�
O.R. 67021268
REC. 09/26166
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140
LEGEND
TEMPORARY EASEMENT
INFEDi-27-820TEA1 -;
(2.215 ACS. TOTAL) .... rs
4
LAND SU9
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BADEN AVENUE(VACATED)_ --- - - - - - - - -
17911141 O.R. - - - - - - - " - v �, p
REC 618145 � EjC�}-��l�ZZ �
VICINITY MAP NO. 6241
-SITE OF °
BADEN AVENUE (VACATED) PREPARED UNDER
PERVISION THE METROPOLITAN WATER DISTRICT
SAN BERNtAtiDINO AVE. OF SOUTHERN CALIFORNIA
INLAND FEEDER
TEMPORARY EASEMENT
5Peto. emart P.L.S. 6241 CITY OF REDLANDS,
A MUNICIPAL CORPORATION
Tt I
o ?/ TO
c, NOTTO SCALE DATE 1NFEQ12�820TEA7
lsvrrwllnlandlrowlexh1bt271820teai.dgn 8121198 PGW
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Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles,California 90054
Attention R/E Services Escrow
DOCUMENTARY TRANSFER TAX $NONE
(Exempt--Section 11922, California
Revenue and Taxation Code)
TEMPORARY EASEMENT DEED
(pipeline/tunnel construction)
MWD Parcel INFED I-27-820TEA I
APN 0297-111-05 and 07
CITY OF REDLANDS a municipal corporation (Grantors),
hereby grants to
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
a public corporation (Grantee),
an exclusive Temporary Easement to use the Droperty in the County of San Bernardino, State of
California, described in Exhibit A, and shown' on Exhibit B,both attached hereto and by this
reference made a part hereof, for the construction of a capital improvement project by the
Grantee on land other than such described property.
Reasonable access to Grantors' property across this Temporary Easement shall be
maintained by Grantee at all times during the term of this Easement.
Such right shall be exercised for a period of three (5) years commencing on the
date this easement deed is recorded in the office of the San Bernardino County Recorder.
Temporary Easement Deed _2_
MWD Parcel No. INFED I-27-820TEA I
APN 0297-111-05 and 07
At the expiration of the Temporary Easement, Grantee shall restore such property
to a condition as near as practicable to the condition that existed immediately prior to Grantee's
operations. Grantee shall not be required to restore vegetation to the pre-existing condition, but
shall establish vegetation for erosion control on the property at the termination of this Temporary
Easement in accordance with the Environmental Impact Report and Grantee's specifications.
CITY OF REDLANDS, a municipal
corporation
Dated: By
RQM/271F820/wstaD326
ZA i