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HomeMy WebLinkAboutDeeds & Easements-NT 1-04_CCv0001.pdf µ Recorded In official Records, County of San Bernardino 5/18/2004 � LARRY WALKER 3:45 PM AC RECORDING REQUESTED BY *^ Auditor/Controller — Recorder CM00FALTN LAND ff" J A,ND wIIEN RECORDED MAIL TO: 604 Commonwealth Title REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS DOC#: 2004-0349086 Titles: 1 Pages: 5 Office of the City Clerk Fees e.e9 P. O. Box 3005 Taxes 6.90 Redlands, CA 92373 Other 0.00 11illil I 1111111111111111111111 PAID $e.ee Space Above This Line for Recorder's Use Only A.P.N.: 169-281-19 Order No.: 6066518-92 Escrow No.: 20480-JB GRANT DEED THE UNDERSIGNED GRANTOR(s)DECLARE(s)THAT DOCUMENTARY TRANSFER TAX IS:COUNTY$484.00 [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] unincorporated area; [ X] City of Redlands , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, THE MOORE GROUP, a California general partnership hereby GRANT(S) to REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic the following described property in the City of Redlands, County of San Bernardino State of California; Portions of Block C of Amended Map of Central Townsite, in the City of Redlands, County of San Bernardino, State of California, more particularly described in Exhibit"A" attached hereto and made a part hereof. Document Date: July 11, 2003 THE MOO GROUP a California general partners 'p By: JO NY MOORE, Partner ner By: DAVID GRANT DEED CONTINUED ON NEXT PAGE Mail Tax Statements to: SAME AS ABOVE or Address Noted Below A.F.N.: 169-281-19 CONTINUATION OF GRANT DEED STATE OF CALIFORNIA )SS COUNTY OF,— San-Bernardino _ ) On July 22, 2003 before me,j -Q=ie D. Tcmrns Notary Public personally appeared -Moore_ personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that4tekbefthey executed the same in hisAmrttheir authorized capacity(ies)and that by 19*4w/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal. Signature V This area for official notarial seal. TO&CgUo MSM0 CMM ommissision# 12296"07 NottsPuDac-CoRkmb SM 80TKn*V cotA* MVCM"-BVbMJL422.2= CALIFORNIA NOTARY/ ILLEGIBLE NOTARY SEAL/ILLEGIBLE DOCUMENT 3-In-One Form STATE OF CALIFORNIA }SS COUNTY OF } On before me, Personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea! Signature {This area for official notary seal) GOVERNMENT CODE 27361.7 1 certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF NOTARY: DATE COMMISSION EXPIRES: COUNTY WHERE BOND IS FILED: COMMISSION NUMBER: PLACE OF EXECUTION: 7'7 - DATE: SIGNATURE: I certify under penalty of perjury under the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: PLACE OF EXECUTION: DATE: SIGNATURE OF DECLARANT (08/12f99):TC (s-W dlfomisW3 in 1) Escrow No. 20480-JB Exhibit "A" Parcel No. 1: The South 24"8 feet of Lot 17 and all of Lots 19, 27, 28, 29, 30, 31 and 32, of Block "C", Amended Map of Central Townsite, In the City of REDL.ANDS, County of SAN BERNARDINO, State of California, as per Map recorded In Book 8, page 57, of Maps, In the office of the County Recorder of said County. Parcel No. 2: This 15 foot alley between Lot 19 of Block "C" on the North and Lots 27 to 32, inclusive, Block "C" on the South, as shown on Amended Map of Central Townsite, in the City of REDLANDS, County of SAN BERNARDINO, State of California, as per map recorded In Book 8, page(s) 57, of Maps, In the office of the County Recorder of said County. Redevelopment Agency of the City of Redlands 1 � CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property, described on the Grant Deed conveyed to the City of Redlands from The Moore Group, a California general partnership,dated July 11, 2003, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. -el Date: April 7, 2004 ohn avids , Executive—D-i rector Susan Peppler, Chair/ ATTEST: o; Lor Poyzer, r tart' P.O.Boy 3405,Redlands,CA 92373-1505 (909)798-7510 FAX(909)798-7503 Commonwealth Land Title Company 275 West Hospitality Lane, Ste 200 San Bernardino, CA 92408 Phone: 909-888-75411=ax: 909-885-6371 LandAmerica Commonwealth Jeri Bray Guardian Escrow 101 East Redlands Boulevard, Suite 180 Redlands, CA Your Reference No: 20480-JB Our File No: 6066518-92 Title Officer: Richard Knowlton Telephone: 909-888-7541 FAX: 909-885-2465 PRELIMINARY REPORT Dated as of,lune 20, 2003 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 be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which Issued this report. This report (and any supplements or amendments hereto) Is issued solely for the purpose of facilitating the Issuance of a policy of title Insurance and no liability Is assumed hereby. If It Is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Please read the descriptions shown or referred to below and the exceptions and exclusions set forth In Exhibit 8 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. Xt Is Important to note that this preliminary report Is not a written representation as to the condition of tide and may not list all liens, defects, and encumbrances affecting title to the land. CLTA Preliminary Report Form (Rev 1/1/95) TQ20001CA(07/00) Page 1 of 7 File No.: 6066518 SCHEDULE A The form of policy of title Insurance contemplated by this report is: CLTA Owners or Loan Policy- 1990 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: The Moore Group,a general partnership The land referred to herein is situated in the County of SAN BERNARDINO, State of California, and is described as follows: SEE EXHIBIT""A"ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form (Rev 1/1/95) Page 2 of 7 File No.: 6066518 EXHIBIT "All Parcel No. 1: The South 24.8 feet of tot 17 and all of Lots 19, 27, 28, 29, 30, 31 and 32, of Block "C", Amended Map of Central Townsite, In the City of REDLAN©S, County of SAN BERNARDINO, State of California, as per Map recorded in Book 8, Page 57, of Maps, In the office of the County Recorder of said County. Parcel No. 2: This 15 foot alley between Lot 19 of Block "C" on the North and Lots 27 to 32, inclusive, Block"C" on the South, as shown on Amended Map of Central Townsite, In the City of REDLANDS, County of SAN BERNARDINO, State of California, as per map recorded In Book 8, page(s) 57, of Maps, In the office of the County Recorder of said County. Page 3 of 7 File No: 6066518 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. Property taxes, Including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, If any, assessed pursuant to 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. An easement for the purpose shown below and rights incidental thereto as set forth In a document Purpose: ditch and pipe line purposes Recorded: in Book 28, page(s) 233, of Deeds The exact location and/or extent of said easement is not disclosed In the public records. 3. An easement for the purpose shown below and rights Incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: pole lines and conduits Recorded: in Book 2502, page(s) 380, Official Records Affects: Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land. 4. A deed of trust to secure an Indebtedness In the amount shown below, and any other obligations secured thereby, Amount: $100,000.00 Dated: June 17, 1997 Trustor! The Moore Group, a General Partnership Trustee: Inland Brookside Services, Inc., a California Corporation Beneficiary: Donald Glen Wolf and Phyllis lean Wolf,Trustees of the Wolf Family Trust, dated April 1, 1987 Recorded: June 20, 1997 as Instrument No. 19970218840, Official Records REQUI ELEMEINTIS: REQ NO. 1: The Company will require a statement of Information from the parties named below In order to complete this report, based on 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. Parties: Buyers/Sellers CLIA Preliminary Report Form (Rev 1/1/95) Page 4 of 7 File No: 6066518 REQ NO. 2: The Company will require that It be provided with a full copy of the partnership agreement of the partnership named below, together with all supplements or amendments thereto, before Issuing any policy of title Insurance. Partnership: The Moore Group, a General Partnership INFORMATION NOTES: NOTE NO. 1: Property taxes, Including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2002 - 2003 1st Installment: $901.28 2nd Installment: $901.26 Exemption: $-0- Code Area: 005002 Assessment No.: 0169-281-19-0-000 NOTE NO. 2: The charge for a policy of title insurance, when Issued through this title order, will be based on BASIC RATE. NOTE NO. 3: THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING, If the demand Is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be In addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check Is provided, In which case there will be no hold). CLIA Preliminary Report Form (Rev 1/1/95) Page 5 of 7 Fife No: 6066518 NOTE NO. 4: California Insurance Code Section 12413.1 regulates the disbursement of escrow and subescrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashier's or teller's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are deposited with the Company by other methods, recording and/or disbursement may be delayed. All escrow and sub- escrow funds received by the Company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company may receive certain direct or Indirect benefits from the financial Institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the Company. Those benefits may Include, without limitation, credits allowed by such financial Institution on loans to the Company or Its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services In connection with the escrow or sub-escrow. Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following: 1. We have received confirmation of the respective incoming wire. 2. Collection of a deposited cheek. EFFECTIVE AS OF THE DATED DATE OF THIS REPORT, WIRING INSTRUCTIONS, MUST BE DIRECTED TO: COMMONWEALTH LAND TITLE COMPANY: UNION BANK 1980 SATURN STREET MONTEREY PARK, CALIFORNIA 91754 ABA NO. 122040496 ACCOUNT NO. 5970117565 CREDIT: COMMONWEALTH LAND TITLE COMPANY (OUR ORDER OR ESCROW NUMBER MUST ALWAYS BE REFERENCED) NOTE NO. 5: Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313): We collect nonpublic personal Information about you from information you provide on forms and documents and from other people such as your lender, attorney, real estate agent, escrow, etc. We do not disclose any nonpublic personal Information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal Information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. CLTA Preliminary Report Form (Rev. 1/1/95) Page 6 of 7 File No. 6066518 NOTE NO. 6: The charges which the Company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express Mail, etc.) are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges Include the cost of such messenger service and the Company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pickup or delivery of packages via the Company's regularly scheduled messenger runs. NOTE NO. 7; The information on the attached plat Is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat Is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. RW CLTA Preliminary Report Form (Rev. 1/1/95) Page 7 of 7 •o•+b� r � � Ott tat7T 001 3Zra'ill f>' ft C'ri 40 C> CA.-0 f `Q C C) E r V 11 ° R .�}} N 0 C 47"4'F,.•"S,t9 t T !# w ,, 1! ^ f eA4' ^tom Ca(/I ------------------ ' 1 � wto qtr' i9' fl K. t9' t i iac^ .^i !`" '°: iai ^ rt� _+y_-------- 1 an V4 �t''1°,� ' ^,3 rtf tz,4i i ft�4t 1 IIt� � i =� k Nt n 1 1 i C"f h.�[ ' t , ! ox F"�,++C�" '-_`�« rte..".- � i ,� t e �' 1 ! O[(I 'i"'a'. SI t•._«_ ..__...^tM1 � ; t 5 1 N 52' FL' GLS SL' SL - - ---H H K-W Ri ( _ - 13.31-15-- -4$1It- -'. _1cc 1 ., t s4tr -- 42 �ti X32 fft iit r[L�iL _ 95 h__-___, %a- ! i`" � i i i t � t — :; as o pfd t QV =LLfel Nl �f s F1« 't i -i � , I its N N N L3 laAtt ca^ u zu C`I it'yft GL_i4._sF_ 091 1. T �r.� 5't4i -1 CM ov. !._n..__...F'tfiT... .__ GS ! ! ! C3 1 rt : ul t toi +K ... M t r .....�.r+ C9 • rpt gqY R1 ts a.. t ... of t O' ,.. t y.�✓ + � � _`x115 O at a =w Description: San Bernardino,CA Assessor Map 169.28 Page: 1 of 9 t Order., 4049143 Comment: 'N L 101 East Rudl awls Bfwl, Some; i au Red/ands, CA 92373 1 (900) 793-3147 FAX(909)798-4606 Y SALE ESCROW INSTRUCTIONS TO:Guardian Escrou, Inc. Date:July 3,2M)3 Es ran ortwer:Jeri Bray,CSE0 U-sc:rom,Nmulwi;2048(1-.111 RF-'I)EVE1,01'1IU"N'I'A(,EN(,'Y OFTHE CITY OF REDLANDS, a public body, corporate and politic, (hereinafter referred to as fhjyer)agree to purchase from THE MOORE,GROUP,a California general partnership, (hereinafter referred to as Seller)tile real property set forth herein per tire terms,conditions,consideration and instructions hereinafter stated, The Seller and Buyer herein shall deliver these signed escrow instructions to Guardian Escrow,lite.,(hereinafter known as Escrow Holder). Terms of Transaction I will deposit,prior to close of escrow, tire suit,of $ 440,0(H),00 To Complete the Total Consideration of $ 440,000AX) Furthermore,LWe, tire undersigned Buyer,will execute and deliver any instruments and/or funds which this escrow requires of the Buyer to show title as called for,all of which you are instructed to use on or before August 2,2004,provided you hold a Policy of Title insurance issued through Commonwealth Land Title Company(the title company selected by the parties), with the usual title company's exceptions,with a liability ot'not less than$440,00.00,covering property in the County of San Bernardino,State of California, described as follows: Portions of Block C of Amended Map of Central Townsite,in the City of Redlands,County of San Bernardino, State of California,more particularly described in Exhibit"A"attached hereto and made a part hereof. COMMONLY KNOWN AS: 31 West Stuart Avenue,Redlands,CA 92373 ASSESSOR PARCEL NUMBER(S): 169-281-19 SHOWING TITLE VESTED IN: REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS,a public body, corporate and politic SUBJECT ONLY TO: (1) Current property taxes. (2) A lien of supplemental taxes,if any,assessed pursuant to the provisions of Chapter 3.5(commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Assessments and Bonds,if any,including all liens of assessment pursuant to the provisions of the Mello-Roos Community Facilities Act,not delinquent,unpaid balance to be assumed by Buyer. (4) Any covenants,conditions,restrictions,reservations,fights,rights of way and easements of record,or in deed to file, and any exception of water,minerals,oil,gas,and kindred substances,on or under said land,now of record,or in deed to file, ESCROW INSTRUC`I'IONS 1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. 2. Buyer will furnish resolution authorizing the acquisition of the subject property,together with Certificate of Acceptance of the Deed;which documents are to be sufficient,and are to accompany the grant deed when delivered,to Commonwealth Title Company for recording, 3 Regardless of Additional Escrow Instructions set forth hereinafter to the contrary,all fees,costs and charges in this escrow will be paid by Buyer,including but not limited to,title policy fee,escrow fee,documentary transfer tax and costs of preparing,notarizing and recording documents,excepting any costs required to secure reconveyance and releases of liens to place title in the condition called for hereinabove,which will be paid by the Seller. 4. Seller will hand you its Statement of Partnership and/or copy of its partnership agreement,as required by Commonwealth Title Company for the issuance of its policy of fifle,insurance. ADDITIONAL INSMUCTIONS ATTACHED,HERETO AND MADE A PART HEREOF Ate initiate below represent my agreement and acknowledgment of the foregoing, Seller Initials: Buyer Initials:05- Page I S) Guardian Escrow, Inc. [)are:July 3,2003 Escrow No.:20-1180-J11 6. if it is necessary,proper or convenient for file consultullation or this escrow,you are authorized to deposit or have deposited fluids or documents,or both, handed yon under these escrow instructions with any duly authorized sub-escrow agent, including, but not limited to,any bank,trust company, title insurance coulpally,title company,savings and loan association, or licensed escrow agent,subject to your order at or before close of escrow ill connection with closing this escrow, Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 7. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Mill)Act or any law regulation land division,zoning ordinances or building restrictions which may affect the land or improvements that are the subject of this escrow. You,as escrow holder, are relieved of all responsibility and liability in connection with such laws,ordinances, restrictions or regulations and are not to be concerned with any of their enforcement. .8. If any form of Purchase Agreement or amendment or supplement(collectively "Purchase Agreement")is deposited in this escrow,it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. You,as escrow holder,are not to be concerned with the terms of any Purchase Agreement and arc relieved of all responsibility for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You are not responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based,and you shall not rely on any knowledge or understanding you may have of any such Purchase Agreement in ascertaining or performing your duties as escrow holder. In connection with any loan transaction,you are authorized to deliver a copy of any Purchase Agreement,supplement or amendment deposited with you, to the lender. You are authorized and 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,amendments and statements upon request. 9. You shall make no physical inspection of the real property or personal property described in any instruments deposited in, or which is the subject of this escrow. You have made no representations or warranties concerning any such real property or personal property and are not to be concerned with nor liable for the condition of real property or personal property. 10. At close of escrow,a policy of title insurance is to be secured for benefit of Buyer as provided in Page I of the Escrow Instructions and,if applicable, for new encumbrance holder(s)in amount of the encumbrance from the same title company. The parties authorize the recordation of any instrument delivered through this escrow if necessary or proper for the issuance of the required policy of title insurance or for the closing of this escrow. Funds, instructions or instruments received in this escrow may be delivered to,or deposited with,any title insurance company or title company to comply with the terms and conditions of this escrow. In the event the Total-Consideration and/or the amount of new encumbrance(s) are changed by the parties during the term of this escrow,the liability of the policy(ies)of title insurance to be issued through this escrow are changed accordingly,without further instructions required. 11.If the date by which any party's performances are due shall be other than your regular business day, such performances shall be due on your next succeeding business day. 12.You shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property through this escrow. Should the parties desire that you conduct a lien or title search of personal property,the parties requesting the same shall deliver separate and specific written escrow instructions to you along with an agreement to pay your additional escrow fees. 13.You shall not be responsible in any way whatsoever nor are you to be concerned with any question of usury in any loan or encumbrance,whether new or of record,which may arise during the processing of this escrow. 14.The parties agree to deliver to you all documents,instruments,escrow instructions and funds required to process and close this escrow in accordance with its terms. 15.You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by the parties,which title condition shall be evidenced by that shown in the policy of title insurance secured from the title company selected by the parties,on which you may rely. You are not responsible for the contents or accuracy of any beneficiary demands and/or beneficiary statements delivered to you by the existing lienholders. You are not to be responsible in any way whatsoever not to be concerned with the terms of any new loan or the content of any loan documents obtained by any party in connection with this escrow except to order such loan documents into the escrow file, transmit the loan documents to Buyer for execution and transmit the executed loan documents to lender. The parties understand and agree that you are not involved nor concerned with the approval and/or processing of any loan or the contents and effect of loan documents prepared by a tender. ADDITIONAL INMUMONS ATTACHED HERETO AND MADE A PART IIERPOF My initials below represent my agreement and acknowledgment qfthe foregoing. Seller Initials: Buyer Initials:-61f Page 3 Guardian Escrow, Inc. Date: July 3,21W Escrow No.:lid-80AB In consideration of your undertaking to act hereunder, I agree to pay, when called upon by you so to do, for all services performed for me,together with all charges,expenses,and costs incurred or paid for Inc by you its customarily allocated, unless the Escrow Instructions set forth hercinabove provide to lite contrary. All of the parties to this escrow, jointly and severally,promise to pay promptly on demand,as well as to indemnify you and to hold you harmless from and against all administrative governmental investigations, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees,arbitration costs and fees,expenses,obligations and liabilities of every kind (collectively "costs") which in good faith you may incur or suffer in connection with or arising out of this escrow,whether said costs arise during the performance of or subsequent to this escrow,directly or indirectly,and whether at trial,or on appeal,in administrative action, or in an arbitration. You are given a lien upon all the rights,titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. You may deduct from my net proceeds any amount I may owe you in any other matter. If the parties do not pay any fees,costs or expenses due you under the escrow instructions or do not pay for costs and attorneys' fees incurred in any litigation, administrative action and/or arbitration,on demand,they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses,whether attorneys' fees are incurred before trial,at trial,on appeal or in arbitration. 22.All notices,demands and instructions must be in writing. No notice, demand, instruction, amendment, supplement or modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. All escrow instructions may be executed in counterparts,each of which shall be deemed an original regardless of the date of its execution and delivery. All such counterparts together shall constitute the same document. The parties acknowledge and understand that you,as escrow holder,are not authorized to practice the law nor do you give financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences, financial effects or tax consequences of the escrow instructions. 23. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may be entitled,the parties,jointly and severally,agree that if this escrow is not consummated within ninety(90)days of the date set for closing,you are instructed to,and without further instructions, withhold your escrow hold open fee of $50.00 per month front the funds on deposit with you regardless of who deposited such funds. The parties,jointly and severally, further agree that if you are, for any reason,required to field funds after close of escrow,you are instructed to, and without further instructions,withhold an escrow fee of$50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on deposit have been disbursed, 24.If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any extension 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. Your escrow-holder agency shall terminate six (6)months following the date last set for close of escrow and shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow has not closed or cancelled within the prescribed six-month period, you shall have no further obligations as escrow holder except to disburse funds and documents pursuant to written escrow instructions or to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. The parties,jointly and severally,agree that if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any costs and expenses which you have incurred or have become obligated for under these escrow instructions, including,but not limited to,attorneys' fees,arbitration fees and costs and reasonable escrow fees for the services rendered by you;the parties agree that such costs and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses, costs and fees may be apportioned between Buyer and Seller in a manner which,in your sole discretion,you consider equitable,and that your decision will be binding and conclusive upon the parties. Upon receipt of mutual cancellation instructions or a final order or judgment of a court of competent jurisdiction with accompanying writs of execution,levies or garnishments,you are instructed to disburse the escrow imids and instruments in accordance with such cancellation instruction,order or judgement and accompanying writ and this escrow shall,without further notice,be considered terminated and cancelled. 25. If any check submitted to you is dishonored upon presentment for payment,you are authorized to notify all parties to the within escrow,their respective real estate brokers/agents and any other person or entity you deem, in your sole discretion, necessary to notify, ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: Page 5 Guardian Escrow, Inc. Date: July 3,2(H)3 Escrow No.:20480-J R PRORATE ANIVOR ADJUST'THE FOLLOWING AS OF DATE OF CLOSE OF ESCROW: Real Property'faxes for the fiscal year using as a basis for said prorations the latest tax figures available as disclosed by the title company's preliminary report and subsequent verification of same with the title company at close of escrow. PARTIES ARE AWARE THAT DUE TO PROVISIONS OF PROPOSITION 13 AND SENATE BILL 813(1983),STATE OF CALIFORNIA,THERE MAY BE SUPPLEMENTAL TAX BILLS 1N THE PROCESS OF BEING ISSUED DUE TO ANY RECENT CONSTRUCTION OR CONVEYANCE OF SUBJECT PROPERTY,AND IN ALL PROBABILITY THERE WILL BE SUPPLEMENTAL BILL{S}DUE TO THE CONVEYANCE(S)IN THIS ESCROW.ESCROW HOLDER CANNOT ASCERTAIN AND WILL NOT BE CONCERNED WITH ANY SUCH MATTERS IN THE PRORATIONS TO BE MADE HEREIN. ,GUARDIAN ESCROW,INC.,A CALIFORNIA CORPORATION IS LICENSED AS AN ESCROW AGENT BY THE DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA. ALL PARTIES TO THIS TRANSACTION,JOINTLY AND SEVERALLY,ACKNOWLEDGE RECEIPT OF A COMPLETE COPY OF THE WITHIN ESCROW INSTRUCTIONS AND BY OUR SIGNATURES SET FORTH BELOW,ACKNOWLEDGE THAT WE HAVE READ,UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, IN THEIR ENTIRETY. Buyer's Signature: REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS,a public body,corporate and politic By:_ KARL N.HAWS,Chair By: —6�D ,Executive Director J04 N D VIDSO ATTEST: By: Lorrie Poyzer, Secretary Address: Attention: John Davidson,City Manager,P.O. Box 3005 Redlands,CA 92373 The foregoing terms,provisions,conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf,my recording fees,charges for evidence of title as called for whether or not this escrow is consummated,except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes,and any liens of record,including prepayment penalties,if any,to show title as called for. Seller's Signatures: THE MOORE GROUP,a California genera[ partnership By: JOHNNY W.MOORE,Partner By: RONALD G.MOORE,Partner By: DAVID W.MOORE,Partner AddrLss., P.O. Box 790,Redlands,CA 92373 -- END OF INSTRUCTIONS-- Page 7 A°r+�►'"` ir;uarc fan Escrow, lire. 101 East Rudiands Blvd,State Vio 1> t c lands CA 92373 (909)191314? FAX(309)79# 4606 NOTICE AND DISCLOSURE tl'_.Itictiveli3ltt+}t1' Property:3I West Stuart Avenue, Redlands, CA 92373 Escrow No.:20480AR July-11,2003 In accordance with Section 18662 of the Revenue and Taxation Code,a Buyer may be required to withhold an amount equal to 3 1/3%of the sales price in the case of a disposition of California real property interest b•either 1. A Seller who is an Individual or when the disbursement instructions authorize the proceeds to be sent to it financial intermediary of the seller.OR 2. A corponne Seller(fiat has no permanent place of business in California. The Buyer may become subject to penalty for failure to w=ithhold in an amount equal to the greater of I0 per cent of the amount required to be withheld or five hundred dollars($500.00), However,notwithstanding any other provision included in the California statutes referenced above,no Buyer will be required to withhold any amount or be subject to penalty for failure.to withhold if: 1. The sales price of the California real property conveyed does not exceed One Hundred Thousand Dollars($100,000.00); OR 2, The.Seller executes a written certificate,under the penalty of perjury,certifying that.the Seller is it Corporation with a permanent place of business in California;OR 3, The Seller,who is an Individual,executes a written certificate,under the penalty of perjury,of any of the following: a, That the California real property being conveyed is the Seller's principal residence(within the meaning of Section 121 of the Internal Revenue Code); b. That.the California real property being conveyed is or will be exchanged for property of like kind(within the meaning of Section 1031 of the Internal Revenue Code),but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code; c. That the California real property has been compulsorily or involuntarily Converted(within the meaning of Section 1033 of the Internal Revenue Code)and that the Seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code; d. That the California real property transaction will result in a loss for California income tax purposes. The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax board to grant reduced withholding and waivers from withholding on a case-by-case basis for corporations or other entities, The Escrow Holder will not undertake to withhold or remit funds to any taxing authority unless specifically instructed in writing to do so. In the event Escrow Holder receives a withholding request,appropriate mutual and written instructions will he required from all parties prior to the close of this escrow, You are authorized to furnish a copy of Seller's Certificate,if applicable,to Buyer upon request,without further responsibility on your part as escrow holder. DUE TO THE COMPLEXITY OF THESE TAX LAWS,AND THE PENALTY PROVISIONS FOR FAILURE TO WI`l'HHOI,D, IT IS RECOMMENDED THAT THE BUYER CONSULT VITT/HIS/HER AT'T'ORNEY OR FINANCIAL ADVISOR AS TO BUYER'S OBLIGATION THEREUNDER,IF ANY,PRIOR TO THE CLOSE OF THIS ESCROW. THE MOORE GROUP,a California general REDEVELOPMENT AGENCY OF THE CITY O partnership REDLANDS,a public,body,corporate and Politic j By: JOHNNY W.MOORE, Partner By: — — hARL N. HAWS,Cbair RONALD G.MOORE, Partner By; JOH A 117SON, ecurive Director By: DAVID W. M66RF, Partner Anes i Louie,Poyzer�!fie retary lf'o�/ ! Guardian Escrow, Iris. z) / 101 East Redlands Blvd,Suite 180 ' ,{moi Redlands, CA 92373 i (909)793-3147 FAX(909)798-4606 PRIVACY POLICY Escrow No.:20480-.111 Our Commitment to Your Privacy: Guardian Escrow,Inc.,has a long standing;policy of protecting the confidentiality and security of information we collect about our customers. We may from time to time ask you to provide its with certain information. You may be concerned with what we will do with such information,particularly personal or financial information. Therefore,Guardian Escrow,lite.,has adopted this"Privacy Policy"to govern the use and handling of your personal information. How We Collect Information: Guardian Escrow, Inc.,gets most of its information about your finances,employment,or other personal characteristics from you or from other parties working for you. This privacy Policy deals with the information which you provide to Guardian Escrow, inc. it does not cover information which we receive from any other source,such as a public record or from another person or entity. The types of information which Guardian Escrow, Inc.,may collect includes, but it not limited to,the follow=ing: * information you provide on applications,forms and in other communications to us,whether in writing, in person, by telephone, E-mail,electronic transfer,or any other means; information we develop as part of handling your transaction; information about your transactions with us,any affiliated companies,or others;and, * information we receive from a consumer reporting agency. Guardian Escrow, Inc.,may verify this collected information or get additional information from other sources. Why We Collect and How We Use Information: Guardian Escrow, Inc., limited the collection of information about you to a minimum,but which still allows Guardian Escrow, Inc.,to provide you with superior services. We request information from you for legitimate business purposes related to the transactions we are handling for you,and not for the benefit of any party not connected with the transactions. Disclosures of Information: Guardian Escrow, Inc.,will not release your information to nonaffiliated parties except: 1) as necessary for us to provide the product or service you have requested of Guardian Escrow, Inc.;or 2)as required or permitted by law. Such information may be used for any internal purpose,such as quality control efforts,audit purposes,to attorneys or other professionals,customer analysis,or to law enforcement and regulatory agencies,for example,to help its prevent fraud. Except for such limited situations,without your consent we will not snake any disclosures of information to other companies who may want to sell their products or services to you. For example, Guardian Escrow,Inc.,does not sell customer lists and we will not sell your name to a catalogue company or telemarketer. Guardian Escrow, Inc., may provide such nonpublic personal information listed above to an affiliated company of Guardian Escrow,Inc.,if the affiliate is also involved in the transaction. Guardian Escrow,Inc.,may,however,store such information indefinitely,including tire period after which any customer relationship has ceased. Former Customers: This Privacy Policy applies to you even if you are no longer a customer of Guardian Escrow, Inc. Hort We Protect Information: Guardian Escrow, Inc.,has taken steps to ensure that only authorized parties have access to your information. We restrict nonpublic personal information about you to those individuals who need to know that information in order to provide you with services. Guardian Escrow, Inc.,will use its best efforts to train and supervise its employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical,electronic,and other safeguards to comply with all applicable guidelines to protect your nonpublic personal information. Further Information: We reserve the right to change this Privacy Policy. The examples contained within this Privacy Policy are illustrations and are not intended to be exclusive. This notice complies with recently enacted federal law and regulations regarding privacy. You may have additional rights under other foreign or state laws that may apply to you. Me have received and read a copy of this Privacy Policy notification as of the date below- Date. b — — Signature: ------. ... Date: ?-t 7- 6.3 Signature: __6i I— Attest" Guardian Escrowlpovacy poticy.03 1 C!r Z ie OyZk'P, t r taZ y June 29,2001 ,.- m o Guardian Escrows Inc. 101 East Redlands Blvd_,Suite 180 Redlands, CA 92373 (909)793-3147 FAX(909)798-4606 ' t NOTICE TO BUYERS AND SELLERS Property:31 West Stuart Avenue,Redlands,CA 92373 Escrow No.:20480-JB 1. THE UNDERSIGNED BUYERS AND SELLERS HEREBY ACKNOWLEDGE BEING ADVISED THAT CALIFORNIA STATE LAW REQUIRES THAT THIS ESCROW NOT CLOSE, NOR DQCUMENTS BE RECORDED, UNTIL ALL FUNDS REQUIRED OF THE PARTIES (INCLUDING NEW LOAN PROCEEDS) HAVE BEEN COLLECTED, AS DEFINED BY LAW. IN ORDER TO MAINTAIN COMPLIANCE,WE SUGGEST THAT THE MOST EFFICIENT ME'T'HOD OF DEPOSITING FUNDS IS TO TRANSFER BY WIRE, CASHIER'S CHECKS DRAWN ON A CALIFORNIA BANK WILL, IN MOST CASES, BE ELIGIBLE FOR "NEYT-DAY"CLOSING. ANY OTHER CHECK INSTRUMENTS,SUCH AS OFFICIAL CHECKS,BANK CHECKS, ETC., PURSUANT TO I}EPARTMENT OF CORPORATIONS GUIDELINES,WILI.BE TREATED AS PERSONAL CHECKS AND MUST BE CLEARED TO THE SATISFACTION OF GUARDIAN ESCROW, INC.,WHICH CLEARANCE IS ESTIMATED TO TAKE FROM 3 TO 5 BUSINESS DAYS. 2. TO MINIMIZE DELAYS IN DOCUMENT RECORDING AND THE CLOSING OF YOUR ESCROW: a.Whenever the amount of funds required for closing is$100,000.00,or more,the closing funds should be transferred by wise directly to our bank as follows: City National Bank 5601 East Slauson Avenue Commerce,CA 90040 Routing Number:122016066 Account Number:013007691 FOR DEPOSIT TO GUARDIAN ESCROW,INC.,REDLANDS TRUST ACCOUNT CREDIT TO ESCROW NO.20480-JB (MAKE CERTAIN WIRE TRANSFER REFERENCES NAME OF DEPOSITOR) b.Whenever the amount of funds required for closing is less than$100,000.00,the closing funds should either be wired to our account,as above instructed,or deposited to escrow in the form of a California Bank Cashiers Check payable to Guardian Escrow,Inc.(Please be reminded that not all bank checks are Cashiers Checks). 3. PER DIEM INTEREST WILL BE CHARGED BY SELLER'S LENDER UNTIL THE DATE LENDER RECEIVES THE PAYOFF FUNDS(OR AS OTHERWISE DIRECTED BY LENDER'S DEMAND STATEMENT). PER DIEM INTEREST WILL BE CHARGED BY THE BUYER'S LENDER FROM THE DATE THE LENDER FUNDS THE LOAN. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THE ABOVE NOTICE. THE MOORE GROUP,a California general REDEVELOPMENT AGENCY OF THE CITY OF partnership REDLANDS,a Public body,corporate and politic By: r— , JOHNNY W.MOORE,Partner B_y:_ / KARL N.HAW9,dhair By: RONALD G. MOORE,Partner By: _ JOHN?!VPN . ee , utive Director By: 1. DAVID W.MOORE,Partner Attest: By: Lorr` Poyzer e retary Guardian Escrow, Inc. 101 East Redlands Blvd., Shite 180 Redlands, CA 92373 ✓ �tit (909)793-3147 FAX(909)798-4606 C� r 4 AMENDED/SUPPLEMENTED ESCROW INSTRUCTIONS Escrow No. 20480-JB Date July 21, 2003 Re: 31 West Stuart Avenue Redlands CA 92373 To: Guardian Escrow, Inc. - Jeri Bray, CSEO MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED AND/OR SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: The undersigned Buyer and Seller acknowledge having received, read and approved a copy of the preliminary report issued by Commonwealth Land Title in its Order No. 6066515-92, dated as of.lune 20, 2003, covering the subject property. Current Taxes and Exception Items A, B and I through 3 , as set forth in the report, are specifically approved to remain of record and may show in the policy of title insurance to be issued in conjunction with this escrow. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. All parties signing this instruction acknowledge receipt of a copy of same. SELLER(S): THE MOORE GROUP, a California general partnership By: JOHNNY W. MOORE, Partner By: RONALD G. MOORE, Partner By: _ DAVID W. MOORE, Partner BUYER(S): REDEVELOPMENT AGENCY OF TITE CITY OF REDLANDS, a public body, corporate and politic By: _ / ARI,N. HAWS, Chair JOHN DAVIDSON, Executive Director ATTEST: Ey : O Aril t'1S Cornrnunit4 Develcpmen� Deportment June 17, 2004 Gloria Baeza County of San Bernardino Auditor-Controller/Recorder 222 W. Hospitality Lane, 2' Floor San Bernardino, CA 92415-0018 Re: Assessor's Parcel No. 0169-281-19-0000 Dear Ms, Baeza: The Redevelopment Agency of the City of Redlands ("the Agency") recently acquired the real property located at 31 W. Stuart Avenue in the City of Redlands;Assessor's Parcel No. 0169-281-19-0000. Since the Agency is a governmental entity, we are respectfully requesting that this real property be removed from the Tax Roll and reflect an"exempt status". It is our understanding that taxes on this property have been paid through the 2003 Tax Year Assessments. The Agency intends to file for a refund of any taxes due the Agency and would like to receive the appropriate forms. Attached is a copy of the Deed of Trust for your reference. If you have any questions regarding this matter, I can be reached at(909)798-7562. Your prompt attention in this matter is greatly appreciated. Sincerely, (! 4, , Robert D. Dalquest, AICP Principal Planner/Project Manager City of Redlands Community Development Department CC: John Davidson, City Manager Jeff Shaw, AlCP, Community Development Director 'Preserving the Past, Protecting the Future" P.O. BOX 3005 - REDLANDS, CA 92373 - www.ci.redlands.ca.us Purchase and Sale Agreements and Escrow Instructions - Executive Director Davidson reported that on May 6, 2003, at its closed session, the Redevelopment Agency Board of Directors gave instructions to its negotiators regarding the proposed terms and price for purchase of real property located on Stuart Avenue. Mrs. Peppler moved to approve the agreement for purchase and sale and escrow instructions with The Moore Group authorizing the purchase of Assessor's Parcel No. 169-281- 1-9-4-- mated 6 .281- 19, mated at 31 West Stuart Avenue in the amount of $440,000.00 plus fees. Motion seconded by Mr. George and carried unanimously. Mrs. Peppler moved to approve the agreement for purchase and sale and escrow instructions with Santa Fe Annex authorizing the purchase of Assessor's Parcel No. 169-281-23 located at 205 West Stuart Avenue in the amount of $265,500.00 plus escrow fees. Motion seconded by Mr. George and carried unanimously. Mrs. Peppler moved to authorize the Chairman, Executive Director and Secretary to execute the documents on behalf of the Redevelopment Agency. Motion seconded by Mr. George and carried unanimously. Agreement- Funds - Core Block Development Strategy - Mr. Harrison reported the City Council and the Redevelopment Agency have previously considered a proposal to create a pro-active development strategy for the "core block" in downtown Redlands, an area bounded by 1-10 Freeway on the north, Orange Street on the east, Eureka Street on the west, and Redlands Boulevard on the south. The City Council and Redevelopment Agency approved the project in concept and agreed that it could be funded from the Park Once federal grant. At this time, Public Works staff estimates that authorization to expend funds subject to reimbursement from the federal grant will occur in September, 2003. Several proposed projects are creating new urgency for the City to come forward with a clear vision of how it wants its downtown to be developed. A Downtown Development Strategy team would be implemented through a change order to the existing memorandum of understanding with the Chamber of Commerce for a joint economic development program. Ralph Megna, Economic Development Director, would be designated as the team leader and would be responsible to the Redevelopment Agency's Executive Director (John Davidson) for the program and budget management. Mr. Megna was present to answer any questions or concerns. Mrs. Gilbreath moved to approve an agreement with the Redlands Chamber of Commerce to implement a pro- active development strategy of the downtown "core block" as proposed and authorized an additional appropriation of $50,000.00 from unallocated Redevelopment Agency funds for this purpose. motion seconded by Mr. Harrison and carried unanimously. PUBLIC COMMENTS None forthcoming. ADJOURNMENT Redevelopment Agency June 17,2003 Page 2