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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, z' 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 r cc {� �C 4g 126166 1 G NF OF a 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 ��� :x:: Cl't N 'G'• r: M 140 LEGEND TEMPORARY EASEMENT INFEDi-27-820TEA1 -; (2.215 ACS. TOTAL) .... rs 4 LAND SU9 G Wf � fi 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 o 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