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HomeMy WebLinkAboutDeeds & Easements_H-29RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHER- WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: r NAME CITY OF REDLANDS ADrrn s P. 0. Box 3005 = Redlands, CA 92373 ZIP L Title Order No. Escrow No. 1 3589—DC I 1 FEE CHRG PCOR S NO FEE 4LNNT 2STFE 5 -OTT- •SPACE-ABOVE-THIS LINE FOR RECORDER'S USE A.P.N.0i1roSJ-0(-I1- 31-) GRANT DEED (9 t,4-oLI 1-u DC>CUMENT # 94448583 RECORDED IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY ERROL J MACKZUM RECORDER NcW/04/1994 9=55:26:AM The undersigned declares that .the documentary transfer tax is $ and is ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining theron at the time of sale. The land, tenements or realty is located in ❑ unincorporated area E city of Redlands and FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, BROOKSIDE EXCHANGE, INC., a California corporation hereby GRANT(S) to CITY OF REDLANDS, a municipal corporation the following described real property in the city of Redlands county of San Bernardino , state of California: A portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Range 3 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the Official Plat thereof, more fully described in Exhibit "A" attached hereto. Dated October 25, 1994 STATE OF CALIFORNIA ll COUNTY OF JJ Sari Bernardino J S.S. On ()(' TO he r 25 , 19 9, before me, Judith Tanner a Notary Public in and for said County and State, personally appeared Marl Ps S_ Man and Jeri Bray personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal _. Signaturg� BROOKSIDE EXCHANGE, INC.; a California corporation CHARLES S. CHAO, President BR K , Secretary JUDITH TANNER 7 Comm. #1005775 NOTARY PUBLIC CAUFORNIA SAN BERNARDINO COUNTY E Comm Expires Sept. 26. 1997 ; v✓.& FOR NOTARY SEAL OR STAMP rA\ STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State 94-448583 EXHIBIT "A" That portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Range 3 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the Official Plat thereof, described as follows: Commencing at the Northeast corner of the Southeast 1/4 of said Section 13, as said point is shown by Parcel Map No. 1124, as per map recorded in Parcel Map Book 12, Page 14, records of said County; thence South along the East line of said Section 13,E a distance of 945.34 ft. to THE TRUE POINT OF BEGINNING; thence South 89° 54' 37" West along the South line of Parcel 1, of Parcel Map 5442, as per map recorded in Parcel Map Book 62, Page 59, records of said County, a distance of 1011.00 ft. to the Southwest corner of said Parcel 1; thence South parallel with the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 13 a distance of 374.49 ft.; thence North 89° 51' 29" East along the South line of said Northeast 1/4 of the Southeast 1/4 of said Section 13 a distance of 1010.53 ft. to the Southeast corner of said Northeast 1/4 of the Southeast 1/4 of said Section 13; thence North along the east line of said Section 13 a distance of 373.60 ft. to The True Point Of Beginning. 94 448583 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Redlands dated October 25, 1994 from Brookside Exchange, Inc. a California Corporation to the City of Redlands, a governmental agency, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Date: November 2, 1994 Gary M. L'ebbers City Manager County of San Bernardino PRELIMINARY CHANGE OF OWNERSHIP REPORT (To be completed by transferee {buyer] prior to transfer of subject property In accordance with Section 480.3 of the Revenue end Taxation Code.) THIS REPORT IS NOT A PUBLIC DOCUMENT Seller/Transferor: BROOKSIDE EXCHANGE Buyer/Transferee: CITY OF REDLANDS Assessor's Parcel Numbers): Property Address or Location: VACANT LAND Mail Tax information To: Name CITY OF REDLANDS Address P. O. Box 3005, Redlands, CA 92373 FOR RECORDER'S USE ONLY FOR ASSESSOR'S USE ONLY Con Adj A Preliminary Change in Ownership Report must be filed with each convey- ance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Bernardino County Assessor. For further information on your supplemental roll obligation, please call the San Bernardino County Assessor at (714} 387-8307. PART I: TRANSFER INFORMATION Please answer all questions. YES NO ❑ 0 A. Is this transfer solely between husband and wife? (Addition of a spouse, death of a spouse, divorce settlement, etc.) ❑ 0 B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property? (For example, a name change upon marriage) O ❑ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? O 0 D. Is this transaction recorded only to create, terminate or reconvey a security interest (e.g., cosigner)? ❑ 0 E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? ❑ ❑ F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? ❑ ❑ G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: ❑ ❑ 1. to a trust for the benefit of the grantor, or grantor's spouse? O 0 2. to a trust revocable by the transferor? ❑ 0 3. to a trust from which the property reverts to the grantor within 12 years? ❑ ❑ I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? ❑ 0 J. Is this a transfer from parents to children or from children to parents? ❑ 0 K. Is this transaction to replace a principal residence located in County by a person 55 years of age or older? If you checked yes to "J" or "K," an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J or K, PLEASE SIGN AND DATE. OTHERWISE COMPLETE BALANCE OF THE FORM. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date 8. Type of transfer. Please check appropriate box. ❑ Purchase 0 Foreclosure ❑ Gift 0 Trade or Exchange ❑ Contract of Sale — Date of Contract ❑ Inheritance — Date of Death ❑ Other (Please explain) ❑ Creation of a Lease ❑ Assignment of a Lease 0 Termination of a Lease Date lease began Original term in years (including written options) Remaining term in years (including written options) C. Was only a partial interest in the property transferred? 0 Yes 0 No If yes, indicate the percentage transferred % Ut ASD AM 602-A {REV. 21681 15-17207-111 Aar. NOS PRELIMINARY CHANGE OF OWNERSHIP REPORT Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with "NIA." PART 111: PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing cost} B. FIRST DEED OF TRUST a % interest for years. Pymts./Mo. = $ ❑ FHA (exclude MIP) 0 Fixed Rate ❑ Conventional 0 Variable hate ❑ VA ❑ All Inclusive D.T. ($ Wrapped) ❑ Cal -Vet 0 Loan Carried by Seller Balloon Payment 0 Yes 0 No Due Date C. SECOND DEED OF TRUST 03 ❑ Bank or Savings & Loan ❑ Loan Carried by Seller Balloon Payment 0 Yes % interest for O Fixed Rate O Variable Rate ❑ No years, Pymts./Mo. = $ Amount $ (Prin. & Int. only) Amount $ New Loan Assumed Existing Loan Balance Bank or Savings & Loan Finance Company Amount $ (Prin, & Int, only) Amount $ ❑ New Loan ❑ Assumed Existing Loan Balance Due Date Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? 0 Type @ % interest for years. Pymts./Mo. ❑ Bank or Savings & Loan 0 Fixed Rate ❑ Loan Carried by Seller 0 Variable Rate Balloon Payment 0 Yes 0 No Yes ❑ No Amount $ $ (Prin. & Int. only) New Loan Assumed Existing Loan Balance Due Date Amount $ E. IMPROVEMENT BOND 0 Yes 0 No Outstanding Balance: F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.) Total Items A through E G. PROPERTY WAS PURCHASED THROUGH A 0 BROKER; 0 DIRECT FROM SELLER; or El OTHER (explain): Amount $ 304,500.00 $ 304,500.00 Please explain any special terms or financing and any other information that would help the Assessor understand the purchase price and terms of she. PART IV: PROPERTY INFORMATION A. IS PERSONAL PROPERTY INCLUDED IN THE PURCHASE PRICE? (other than a mobilehome subject to local property tax)? 0 Yes 0 No If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property.) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? 0 Yes 0 No If yes, enter date of occupancy 1 , 19 or intended occupancy Month Day Month Day C. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple -family residence (no. of units• i 0 Co-op/Own-your-own ❑ Mobilehome O Commercial/Industrial 0 Condominium ❑ Unimproved lot ❑ Other (Description- D. DOES THE PROPERTY PRODUCE INCOME? 0 Yes 0 No IF THE ANSWER TO QUESTION D IS YES, IS THE INCOME FROM: O Lease/Rent ❑ Contract 0 Mineral rights 0 Other -Explain: WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? 0 Good 0 Average 0 Fair ❑ Poor REMARKS: Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the property such as the physical condition of the property, restrictions, etc. E. F. 1 19 I certify that the fore CITY -- to November 3. 1994 SWEN LAR O fql)eiga! Representative/Corporate Offi r Please print name of new Owner/Legal Representative/Corporate Officer Phone number where you are available from 8:00 a.m. to 5:00 p m ( (NOTE: The Assessor may contact you for further information.! If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the recorder may charge an additional recording fee of twenty dollars ($20). The additional fee shall not be charged if the document is accompanied by an affidavit that the transferee is not a resident of California. AFFIDAVIT OF NON-RESIDENT TRANSFEREE The Transferee (buyer) named above is a resident of and not a resident of the State of California. Stare Signed New Owner/Lega! Representative/Corporate Officer Date Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 CITY OF REDLANDS P. 0. Box 3005 Redlands, CA 92373 Date . ,.. 7?,?4 2526 „ WOCT t Pubc�ft'ei 10 / 2 4 / 41 dePanents ; w Escrow No.: 13589-DC 1271101.6 Property Vacant Land Redlands, CA 168-041-36 (portion) -0gfr4.8 In connection with the above numbered escrow, we enclose the following_ items AS INDICATED for your review. (X) (X) (X) (X) Amendment datedl0/24/94 Amendment dated 10/25/94 Copy of Amended Preliminary Title Report for your review Assignment & Amendment to Escrow (sign in duplicate) Please furnish us with the following item(s): (X) (X) (X) (X) Funds in the amount of S 305,900.00 payable in the form of BANK CASHIERS CHECK PAYABLE TO GUARDIAN ESCROW, INC. CERTIFICATE OF ACCEPTANCE FOR TO BE ATTACHED TO GRANT DEED Escrow Instructions and forms contained in package dated September 19, 1994. If satisfactory, ail instructions and documents should be signed by you exactly as your names are typed thereon. If your names are mispelled, SIGN YOUR NAMES CORRECTLY and attach a note to the papers when you return them. On any other matters reauirinq changes, please advise immediately. We require only one set of instructions, the additional copies enclosed are to be RETAINED BY YOU FOR YOUR RECORDS. If you have any questions, or require assistance, please call our office. A self-addressed envelope is enclosed for your convenience. Sincerely, enise Casey /SEC Manager V • • O 0 • J 4 O TIGIV w fat •w O. = I o ? J J If u r... C ("Di• O }-. t 4Z W 41, O 4 ; a cc� Q,, • s a 4 u' se 1' Q¢ x (l.14LL 4411-platcresi 4,7 x Z� a " 4 or. . •T 0 1' d I1 •R• r•.. a 1 LLA NO. 339 EXHIBIT "C" 10/25/94 Noa BY:. To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc. is licensed by the Department of Corporations, State of Califirnia Date Escrow No.: Officer Property . 10/25/94 13589-DC Denise Casey, CSEO Redlands, CA Vacant Land MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: 1. The legal description of the property to be conveyed through this escrow is hereby amended to read: Portion of the Nnortheast 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Rrange 3 West, San Bernardino Base and Meridian, 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. 2 As a matter of record, Seller hereby exercises privilege of introducing a tax -deferred exchange under I.R.S. Code 1031; it is the intent of the Seller that the sale of subject property is to be part of that exchange. You are instructed to Proceed with the processing and closing of this escrow without further regard thereto. Seller assumes all responsibility therefor with the distinct understanding escrow holder is not advising as to same and assumes no responsibility as to the legal affect or tax consequences thereof. Seller acknowledges they have been advised to seek legal counsel regarding this transaction and Seller specifically indemnify Guardian Escrow. Inc. from any loss which said party may sustain in the event this transaction is audited by the Internal Revenue Service and disallowed. 3. Seller ROY G. HASKINS AND BEVERLY J. HASKINS hereby assigns all their right, title and interest in this escrow to BROOKSIDE EXCHANGE, INC., a California corporation, and you are to accept all further instructions of the Seller in this escrow from BROOKSIDE EXCHANGE, INC.. a California corporation, without consideration to ROY G. HASKINS AND BEVERLEY J. HASKINS. 4. BROOKSIDE EXCHANGE, INC., a California corporation hereby accepts the assignment of Seller's interest in this escrow and acknowledges having received and read copies of all instructions to escrow. including Sale Escrow Instructions dated September 14, 1994 and Amended Commission Instructions dated October 5, 1994, concurs therewith and agrees to be bound by all the terms and conditions contained therein. 5.' Buyer herein consents to the above assignment of the Seller's interest in this escrow. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SELLER: ROY G. HASKINS BEVERLEY J. HASKINS BROOKSIDE EXCHANGE, INC., a California corporation By: CHARLES S. CHAO President JERI BRAY Secretary 101 E. Redlands Blvd, Suite 230 Redlands, CA 92373 BUYER: CITY OF EEDI, DS, nicival corporation / f/ S EN LARSON A "OR By. ATTEST: CITYJLERK, P, 0, Box 3005 Redlands, CA 92373 OF REDLANDS GUARDIAN ESCROW, INC. Escrow No. 13589-DC October 25, 1994 EXHIBIT "A" That portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Range 3 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the Official Plat thereof, described as follows: Commencing at the Northeast corner of the Southeast 1/4 of said Section 13, as said point is shown by Parcel Map No. 1124, as per map recorded in Parcel Map Book 12, Page 14, records of said County; thence South along the East line of said Section 13, a distance of 945.34 ft. to THE TRUE POINT OF BEGINNING; thence South 89° 54' 37" West along the South line of Parcel 1, of Parcel Map 5442, as per map recorded in Parcel Map Book 62, Page 59, records of said County, a distance of 1011.00 ft. to the Southwest corner of said Parcel 1; thence South parallel with the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 13 a distance of 374.49 ft.; thence North 89° 51' 29" East along the South line of said Northeast 1/4 of the Southeast 1/4 of said Section 13 a distance of 1010.53 ft. to the Southeast corner of said Northeast 1/4 of the Southeast 1/4 of said Section 13; thence North along the east line of said Section 13 a distance of 373.60 ft. to The True Point Of Beginning. To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc. is licensed by the Department of Corporations, Stare of California Date 11/02/94 Escrow No.: 13589-DC Otficer Denise Casey, CSFO Property Redlands. CA Vacant Land MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED - SUPPLEMENTED IN THE FOLLOWING PARTICULARS ONLY: 1. This supplemental instruction amends and supersedes supplemental instruction dated October 25, 1994. 2. Paragraph 1. under the Continaency Section of original Escrow Instruction reaardina Seller securing approval of lot line adjustment from the City of Redlands has been satisfied and the contingency is hereby waived. You are directed to proceed with the processing and closing of this escrow without further regard thereto. 3. Paraaraph 2. under Miscellaneous Instruction section of original Escrow Instruction is hereby corrected to read: ThP narties hereto acknowledge that it is Seller's intent to disnose of the suhiect property in a tax-deffered exchange which qualifies for non -recognition of gain 41ndPr SPrtion 1031 of the Internal Revenue Code of 1986. The manner and format for Sgirl Pxchanae shall be as desianated by Seller and/or Seller's Attorney, Buyer hall roonprate with Seller in effecting said exchange, provided that all additional rIncina costs and charaes attributable to the exchange shall be paid for by Seller; and. nrnvided further. that buyer shall not be required to contract for or acauire any other property to effect the exchange. Further, all warranties and covenants set forth in these escrow instructions between buyer and seller shall not be affected or abrogated by the use of a third party exchanger to effect the exchanae. 4. Paraaraph h. under Memorandum Section of original Escrow Instruction regarding the Possibility of a "necessity taking" is hereby rescinded. 5. The legal description of the property to be conveyed through this escrow is hereby amended to read: Portion of the Northeast 1/4 of the Southeast 1/4 of Section 13. Township) South, Range 3 West, San Bernardino Base and Meridian, 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. 6. As a matter of record, Seller hereby exercises privilege of introducing a tax -deferred exchange under- I.R.S. Code 1031; it is the intent of the Seller that the sale of subject property is to be part of that. exchange. You are instructed to proceed with the processing and closing of this escrow without further regard thereto. Seller assumes all responsibility therefor with the distinrt understanding escrow holder is not advi.sina as to same and assumes no responsibility as to the legal affect or tax conseauences thereof. Seller acknowledges they have been advised to seek legal counsel regarding this transaction and Seller specifically indemnify Guardian Escrow, Inr.. from any loss which said party may sustain in the event this transaction is audited by the Internal Revenue Service and disallowed. 7. Seller ROY G. HASKINS AND RE.VERLEY 3, HASKINS hereby assigns ail their right, title and interest in this escrow to BROOKSIDE EXCHANGE, INC., a California corporation. and you are to accept all further instructions of the Seiler in this escrow from BROOKSIDE EXCHANGE, INC., a California corporation, without consideration to ROY G. HASKINS AND RF.VERLEY 3. HASKINS. ESCROW INSTRUCTIONS (continued) Page 2 ESCROW NO :13589-DC DATE :11/02/94 8. BROOKSIDE EXCHANGE. INC.. a California corporation hereby accents the assignment of Seller's interest in this escrow and acknowledges having received and read copies of all instructions to escrow, inc)udina Sale Escrow Instructions dated September 14, 1994, Amended Commission Instructions dated October 5, 1994, Seller's Separate Instructions dated October 74. )994 and Amendment to Escrow dated October 74, 3994, concurs therewith and agrees to be bound by all the terms and conditions contained therein, 9. Ruver herein consents to the above assignment of the Seller's interest in this escrow. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SELLER: ROY G. HASKINS BEVERLEY J. HASKINS BROOKSIDE EXCHANGE. INC., a California rnrnnrafilfln Rv: CHAPr,ES S . C'HAO President Rw• ,)F.RI BRAY Secretary 101 E. Redlands Blvd, Suite 230 Redlands, CA 92373 BUYER: CITY OF RFiBLAN4.=i. SWEN LARSON MAYOR uni ci pal corporation , CITY OF REDLANDS P. O. Box 3005 Redlands, CA 92373 TO: GUARDIAN ESCROW, INC. Escrow No. 13589-DC November 2, 1994 EXHIBIT "A" That portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Range 3 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the Official Plat thereof, described as follows: Commencing at the Northeast corner of the Southeast 1/4 of said Section 13, as said point is shown by Parcel Map No. 1124, as per map recorded in Parcel Map Book 12, Page 14, records of said County; thence South along the East line of said Section 13, a distance of 945.34 ft. to THE TRUE POINT OF BEGINNING; thence South 89° 54' 37" West along the South line of Parcel 1, of Parcel Map 5442, as per map recorded in Parcel Map Book 62, Page 59, records of said County, a distance of 1011.00 ft. to the Southwest corner of said Parcel 1; thence South parallel with the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 13 a distance of 374.49 ft.; thence North 89° 51' 29" East along the South line of said Northeast 1/4 of the Southeast 1/4 of said Section 13 a distance of 1010.53 ft. to the Southeast corner of said Northeast 1/4 of the Southeast 1/4 of said Section 13; thence North along the east line of said Section 13 a distance of 373.60 ft. to The True Point Of Beginning. Office of the City Attorney City of Redlands November 2, 1994 TELICQPIED AND MAILED Denise Casey Guardian Escrow, Inc. 101 E. Redlands Blvd. Suite 180 Redlands CA 92373-4700 Daniel J. McHugh, Esq. Re: City of Redlands - Escrow No. 13589-DC (Haskins Property) Dear Ms. Casey: The City of Redlands has received and reviewed the proposed escrow instructions for the above -referenced escrow and requests that the following amendments be made: All references to a lot line adjustment for the property proposed to be purchased should be deleted. The necessary lot line adjustment has now been approved. 2. All references to the possibility of a "necessity" taking should be deleted. 3. A sentence should be added to the end of paragraph 2 which discusses the sellers' intention to dispose of the property in a tax deferred exchange. That sentence should read as follows: "...Seller; and, provided further, that buyer shall not be required to contract for or acquire any other property to effect the exchange. Further, all warranties and covenants set forth in these escrow instructions between buyer and seller shall not be affected or abrogated by the use of a third party exchanger to effect the exchange." 6JH 155P W P.Q. Box 3005, Redlands, CA 92373-1505 • (909) 798-7595 • FAX (909) 798-7503 Denise Casey November 1, 1994 Page Two 4. There is a description My understanding Sale Agreement executed information from the City me a telephone call. cc: Gary Luebbers Marjie Pettus DJM 155PW minor typographical error regarding the word "range" in the legal of the initial escrow instructions. is that the City will be delivering to you a copy of the Purchase and by the City's Mayor and the Haskins. If you require any further to complete this transaction, please feel free to give Marjie Pettus or Very truly yours, Th>3.S2-YAC Daniel J. McHugh City Attorney To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc. is licensed by the Department of Corporations, State of California Date : 09/14/94 Escrow No.: 13589-DC Officer : Denise Casey, CSEO MEMO Cash through Escrow TOTAL CONSIDERATION 304,500.0C 304,500.0C SALE ESCROW INSTRUCTIONS I/WE, the undersigned Buyer, prior to close of escrow, will hand you the sum of $304,500.00, and will deliver to you any instruments which this escrow requires shall be executed by me, all of which you are instructed to use provided that ON OR BEFORE NOVEMBER 15, 1994 you hold a policy of title insurance through Union Land Title Company, with the usual title company's exceptions, with a liability in the amount of the total consideration covering the following described real property: Portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 1 South, Rrange 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, the full and complete legal description for which will be furnished by the parties prior to the close of this escrow. COMMONLY REFERRED TO AS: Vacant Land, Redlands, CA (not verified) Assessor's Parcel Number 168-041-36 (portion) SHOWINf: TITLE VESTED IN: CITY OF REDLANDS, a municipal corporation SUBJECT ONLY TO: (1) rurrent property taxes. (2) The !den of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, SB813, (1983), State of California. (3) Assessments and Bonds, not delinquent, unpaid balance to be assumed by Buyer. (4) Any covenants, conditions, restrictions, reservations, rights, 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. * * * * * * * * * * * * * * * THE CLOSING OF THIS ESCROW IS CONTINGENT ON THE FOLLOWING: 1. Seller securing approval of the lot -line adjustment from the City of Redlands; Seller's deposit of Certificate of Compliance from the City of Redlands sufficient to Union Land Title Company for the issuance of its title insurance policy covering property to be conveyed through this escrow shall constitute waiver of this contingency, without further instructions required from either Buyer or Seller herein. 2. Buyer's approval of preliminary title report covering the subject property to be issued by tjni on Tit! Land .. Title Company. MISCELLANEOUS INSTRUCTIONS: 1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. ESCROW INSTRUCTIONS (continued) Page 2 ESCROW NO : 13589-DC DATE : 09/14/94 2. The parties hereto acknowledge that it is Seller's intent to dispose of the subjec property in a tax-deffered exchange which qualifies for non -recognition of gain under Section 1031 of the Internal Revenue Code of 1986. The manner and format fo said exchange shall be as designated by Seller and/or Seller's Attorney. Buyer shall cooperate with Seller in effecting said exchange, provided that all addition closing costs and charges attributable to the exchange shall be paid for by Seller 3. NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, THE PARTIES HERETO, JOINTLY AND SEVERALLY, AGREE THAT IN THE EVENT OF EXPIRATION OF THE PERFORMANCE DATE OR CANCELLATION OF THIS ESCROW, GUARDIAN ESCROW, INC. IS INSTRUCTED TO WITHHOLD ITS ESCROW HOLDOPEN FEE OF $25.00 PER MONTH BEGINNING NINETY (90) DAYS FROM THE DATE 01 LAST KNOWN PERFORMANCE DATE OR DATE OF PREPARATION OF CANCELLATION INSTRUCTIONS, WHICHEVER IS EARLIER, TO BE DEDUCTED FROM FUNDS ON DEPOSIT AND DISBURSED TO GUARDIU ESCROW, INC. IF SIGNED MUTUAL CANCELLATION INSTRUCTIONS OR EXTENSION OF THE PERFORMANCE DATE ARE RECEIVED BY GUARDIAN ESCROW, INC. PRIOR TO SAID NINETY DAYS THEN THERE SHALL BE NO HOLDOPEN FEES INCURRED. PARTIES ARE FULLY AWARE OF THE CALIFORNIA ESCHEAT LAWS IN WHICH REMAINING FUNDS ON DEPOSIT ARE REQUIRED TO GO TO THE STATE OF CALIFORNIA IF PARTIES DO NOT MUTUALLY AGREE TO ANY DISBURSEMENT WITHIP THE TIME PERIOD ALLOWED. IF, AT ANY TIME, THE FUNDS DEPOSITED IN THIS ESCROW HAVI BEEN DEPLETED, EITHER BY DEDUCTION OF YOUR HOLDOPEN FEES OR BY ESCHEAT, THEN YOU Af RELEASED FROM YOUR OBLIGATIONS AS ESCROW HOLDER, AND YOU ARE TO CONSIDER THIS ESCRC IMMEDIATELY CANCELLED BY THE PARTIES, ALL WITHOUT FURTHER INSTRUCTIONS REQUIRED ANT WITHOUT FURTHER RESPONSIBILITY ON YOUR PART AS ESCROW HOLDER. 4. Prior to close of escrow, Buyer will hand you Certificate of Acceptance, which is t he, attached to the Grant Deed when delivered for recording. PRORATE AND/OR ADJUST THE FOLLOWING AS OF DATE OF CLOSE OF ESCROW: Real Property Taxes for fiscal year using as a basis for said prorations the latest tax figures available as disclosed by preliminary title report and subsequent verification of same with 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 IN THE PROCESS OF BEING ISSUED DUE TO ANY RECENT CONSTRUCTION OR CONVEYANCE OF SUBJECT PROPERTY, AND IN ALL PROBABILITY THERE WILL BE A SUPPLEMENTAL BILL ISSUED DUE TO THIS CONVEYANCE. ESCROW HOLDER CANNOT ASCERTAIN AND WILL NOT BE CONCERNED WITH ANY SUCH MATTERS IN THE PRORATIONS TO BE MADE HEREIN. * * * * * * * * * * * * * * * AS A MEMORANDUM ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED, IT IS UNDERSTOOD BETWEEN THE PARTIES THAT THESE INSTRUCTIONS ARE ENTERED INTO BY THEM IN ORDER TO ENABLE ESCROW HOLDER TO PROCESS AND CLOSE THIS ESCROW, BUT ARE IN NO WAY INTENDED TO CANCEL OR SUPERSEDE THAT CERTAIN REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT AND COUNTE] OFFER(S) THERETO, EXECUTED BY THE UNDERSIGNED PRIOR TO OPENING OF ESCROW, AND THE FOLLOWING ARE ADDED TO THESE INSTRUCTIONS AT THEIR REQUEST, AND AS AN ACCOMMODATION ONLY: a. Buyer and Seller agree the total consideration of the subject property shall be calculated at a price of $35,000.00 per acre. In the event the acreage of the subject property is determined to be more or less than 8.7 acres, the Buyer and Seller agree to furnish escrow holder with written instructions adjusting the TOTAL CONSIDERATION accordingly prior to the close of escrow. b. All parties acknowledge the City of Redlands may elect to do a "necessity taking." c. All terms and conditions set forth in Real Estate Purchase Contract and Receipt for Deposit executed by the parties outside of and prior to opening of escrow remain unchanged. I/We, Seller, agree to the foregoing instructions and prior to said date will hand you any funds or documents necessary for us to comply therewith, provided you old fo-us ESCROW INSTRUCTIONS (continued) Page 3 ESCROW NO : 13589-DC DATE : 09/14/94 I/We, Seller, agree to the foregoing instructions and prior to said date will hand you any funds or documents necessary for us to comply therewith, provided you hold for us the funds and instruments deliverable to us. Pay any encumbrances necessary to place title in the condition called for and any bonds, assessments, delinquent taxes and/or liens and encumbrances now of record, except for those provided for herein. THE GENERAL PROVISIONS ATTACHED HERETO ARE BY REFERENCE THERETO INCORPORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH HEREIN Each of the undersigned states he has read the foregoing instructions and agrees to them, and hereby acknowledges receipt of a copy hereof. SELLER: ROY G. HASKINS BEVERLEY J. HASKINS 144f, La Linda Drive Lake San Marcos, CA 92069 BUYER: CITY OF R •LA 1S, a . icipal corporation SWE L CIT , CLERK T' OF REDLANDS P. 0. Box 3005 Redlands, CA 92373 Escrow No. I3589—DC Guardian Escrow, Inc. GENERAL PROVISIONS I. All funds received in thls escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check: checks not presented for payment within six months after date are subject to service charges in ac- cordance with your schedule in effect from time to time. Make all adjustments and proratings on the basis of a 30 day month. "Close of Escrow" is the day Instruments are recorded. All documents and funds due the respective parties herein are to be mail- ed to the addresses set out below their respective signatures, unless otherwise Instructed. Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision Is made herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow," you as escrow holder shall have no responsibility therefor and shall not be concerned therewith. 2. Seller in a sale escrow or borrower in a loan escrow guarantees and you shall be fully protected In assuming that, as to any in- surance policies handed you, each policy is in force, has not been hypothecated, and that all necessary premiums therefor have been paid. You will, as my agent, assign any fire and other insurance policies, handed you or that Beneficiaries Inform you they hold. Deliver assurances of title, and fire or other insurance policies, if any, to holder of senior encumbrance or his order, or if there be no encumbrances, then to the order of buyer or lender. Any policy of title insurance called for herein may be Issued for the benefit of all parties in interest, may be procured by you from any title company operating in the county where the property is located, and will be subject to exceptions and conditions in such company's regular printed form. These Instructions may be exe- cuted in counterparts. Ali such counterparts together shall constitute one and the same document. You are hereby authorized to deposit any funds or documents handed you under these Escrow instructions, or cause the same to be deposited, with any other escrow, company, bank, lending Institution, or title company in the event such deposit shall be necessary or convenient to carry out the instructions set forth In this escrow, subject to your order. You are hereby given a lien upon any property held by you for me, whether held in this escrow or otherwise, for any and all escrow fees, expenses, costs, attorney's fees, losses and other liabilities incurred by you and arising out of, connected with or Incidental to this escrow or any other escrow to which we are a par- ty. You may deduct from my net proceeds any amount I may owe you in any other matter. You may destroy these instructions and ail other instructions and records in this escrow at any time after five years from the date of the close of this escrow. 3. In consideration of your undertaking to act hereunder, 1 agree to pay, when called upon by you so to do, for: all services per- formed for me, together with all charge, expenses and costs incurred or paid for me by you as customarily allocated, unless the written instructions herein provide to the contrary. Should either party revoke, or fall to complete this escrow in accordance with the terms, such party shall pay and hereby agrees to pay all fees, costs, expenses and charges for both of the parties hereto, and such payment by such party shall not prejudice any other rights or causes of action which might be vested in the other party hereto, except that should an escrow with a contingency not be completed because of the failure of the contingency then each party agrees to pay one half of the escrow costs and expenses. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a reasonable fee for attorney's services which may be required to collect such fees or expenses. 4. You shall be under no obligations or liability for failure to inform me regarding any sale, loan, exchange, or other transaction, or facts within your knowledge, even though same concern the property described herein, provided they do not prevent your com- pliance with these instructions. You are not to be held liable for the sufficiency or correctness as to form, manner or execution, or validity of any instrument deposited in this escrow, nor as to Identity, authority, or rights of any person executing the same, nor for failure to comply with any of the provisions of any agreement, contract or other instrument filed herein or referred to herein; and your duties hereunder shall be limited to the safekeeping of such money, Instruments or other documents received by you as escrow holder, and for the disposition of same In accordance with the written instructions accepted by you in this escrow. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. 5. If the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any exten- sion thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not to complete It. 6. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any actions or proceedings for the determination of such conflict. The parties hereto jointly and severalty agree to pay ail costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you, arising out of, connected with, or incidental to this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpieader, you shall ipso facto be fully released and discharg- ed from ail obligations further to perform any and all duties imposed upon you In this escrow. 7. If a party to this escrow unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order shall be subordinate to the expenses of this escrow, liens of record on the subject proper- ty, and payments, directed to be made by original parties together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless, and to pay such assignments or orders only out of the net proceeds due except for such assignments or orders, and to pay them in the order In which such assignments or orders are received by you. 8. Any pro -ration of rentals is to be based on rental statement handed you by the SellerlGrantor. You are to consider that Seller/Grantor will collect ail rents which fall due prior to the close of escrow, unless he instructs you in writing to the contrary. No adjustment against the Buyer/Grantee on uncollected rents Is to be made. Any pro -ration of taxes Is to be based on latest tax statement available. You are not responsible for any personal property tax andlor supplemental taxes which may be assessed to the SellerlGrantor or any former owner of the property described herein, nor for the corporation or license tax of any corporation as former owner. If this escrow provides for the transfer of water stock at close of escrow, unless otherwise stated herein, all en- cumbrance holders at close of escrow shall be named as pledgee, as their interests appear, and said stock, upon reissue after close of escrow, is to he delivered to the first pledgee, and if no pledgee, to the new record owner. 9. We, jointly and severally, agree to save and hold you harmless by reason of arty misrepresentation or omission by Seiler oc Buyer or his agent as to Seller's compliance with rules andlor regulations of any governmental agency, Federal, State, County Municipal, or otherwise. You shall make no physical examination andlor representation of the real andlor personal propert} described in any document deposited in this escrow. You are instructed to furnish to any broker or lender identified with thi: transaction, or anyone acting on behalf of such lender, any Information concerning this escrow, copies of all instructions, arnend ments and statements upon request. 10. Each BuyerlGrantee will furnish a Preliminary Change of Ownership Report covering this transaction, which is to be forward ed to the title company for delivery to the appropriate County Recorder at time of recordation of documents, without your furthe responsibility. Seller/Grantor will complete and deposit forms required by escrow holder to produce 1099 forms pursuant to anc as required by Internal Revenue Service Code Section 6045(3), 6676, 6722, 6723 and 7201 Cocumuntery Transfer Tax is to be scorn puted on full value of property conveyed (or full value less remaining encumbrances, If appticabie) and will be paid by Seller/Gran tor unless otherwise stated. CITY OF REDLANDS, municipal corporatior SIGNATURES: 13 ROY G. HASKINS bEV1r(L1;Y ,3. 11ASK1NS TY LERK, t , ) OF REDLANDS To: Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 Guardian Escrow, Inc. is licensed by the Department of Corporations, State of California Date 10/24/94 Escrow No.: 13589-DC Officer Denise Casey, CSEO Property Redlands, CA Vacant Land MY PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODIFIED - SUPPLEMENTED IN THE FOI,I,OWING PARTICULARS ONLY: 1. You are authorized and instructed at close of escrow to charge the account of the Seller and pay all 1994/1995 property taxes for Assessor Parcels No. 168-041-48 in the amount of $1,249.17, 168-041-36 in the amount of $246.17 and 168-0477 in the amount of $437.86. 2. Previous instruction regarding the proration/adjustment of real property taxes is hereby amended. At close of escrow, you are instructed to prorate Real Property Taxes for fiscal year on the basis of $1,183.05. 3. Buyer acknowledges receipt of and approves a copy of amended preliminary title report issued by Union Land Title Company, Order No. 605625-6, dated October 18, 19941 Items 3 through 8, as set forth on Schedule B, are to show on policy of title insurance to be issued in con6unction with this escrow and the contingency in this escrow regarding Buyer's approval of the preliminary title report is herein waived. You are directed to proceed with the processing and closing of this escrow without further regard thereto. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SELLER: BUYER: ROY G. HASKINS BEVERLEY J. HASKINS 1496 La Linda Drive Lake San Marcos, CA 92069 CITY OF REDLANDS, a myicipah corporation LARSON MAYOR. TTEST: C TY CLEfiiC ,/ CITY OF REDLANDS P. 0. Box 3005 Redlands, CA 92373 DATE: ESCROW #: OFFICER: PROPERTY: ASSIGNMENT AND AMENDMENT TO ESCROW TO: Guardian Escrow, Inc. 101 E. Redlands Blvd., Suite 180 Redlands, CA 92373 October 18, 1994 13589-DC Denise Casey APN 158-041-36 INSTRUCTIONS Escrow holder is hereby notified that pursuant to the terms of original instructions, ROY G. HASKINS and BEVERLEY J. HASKINS advise that they entered into an Exchange Agreement to effect their tax -deferred exchange and that they hereby assign all right, title and interest in and to the within numbered escrow to BROOKSIDE EXCHANGE, INC., a California corporation, and said BROOKSIDE EXCHANGE, INC., by its signatures affixed hereto, accepts said assignment and will complete said sale transaction pursuant to its terms, subject to the provisions of that certain Exchange Agreement by and between the parties hereto, dated: October 18, 1994. All parties agree any representations, guarantees and warranties which may have been or will be made by Exchangors shall remain the sole responsibility of the Exchangors as if made directly by the Exchangors to the Buyer. BROOKSIDE EXCHANGE, INC. shall be relieved of any and all liability in connection with this transaction and the parties hereto hereby hold harmless BROOKSIDE EXCHANGE, INC. from all such liability , costs or expenses of any nature. Your are further handed with the execution of this assignment, a deed from BROOKSIDE EXCHANGE, INC., to the Buyer in this escrow, and a deed deposited by the Exchangor to subject property drawn in favor of the Assignee (BROOKSIDE EXCHANGE, INC.) herein, with Preliminary Change of Ownership Report attached. Escrow holder is further instructed that if for any reason the Exchange Agreement is cancelled, Exchangor reserves his original right to negotiate for like property pursuant to the terms of your original escrow instructions. Escrow holder is instructed to charge the account of Exchangor the sum of $1,000.00 and disburse same by separate check to BROOKSIDE EXCHANGE, INC., at the address set forth below, at close of escrow. Forward all sale documents entitled to BROOKSIDE EXCHANGE, INC., and escrow closing statement to BROOKSIDE EXCHANGE, INC., at the address below. WIRE TRANSFER NET PROCEEDS OF SALE PER DATA GIVEN YOU BY BROOKSIDE EXCHANGE, INC. In addition to other title policy requirements in your escrow, secure a Title Policy in amount of total consideration in favor of BROOKSIDE EXCHANGE, INC. ASSIGNOR (Exch= gor RO HASKINS BEVERLEYI '. HASKINS ASSIGNEE: BROOKSIDE EXCHANGE, INC. a California corporation By: CHARLES S. CHAO, President ACKNOWLEDGED BY: By: CITY OF REDLANDS, a municipal JERI BRAY, Secretary corporation Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373-4700 (909) 793-3147 FAX (909) 798-4606 NOTICE TO BUYERS AND SELLERS 1. THE UNDERSIGNED BUYERS AND SELLERS HEREIN ACKNOWLEDGE THAT IN COMPLIANCE WITH CALIFORNIA STATE LAW, THIS ESCROW WILL NOT CLOSE, NOR WILL DOCUMENTS BE RECORDED, UNTIL BUYER'S FUNDS, INCLUDING NEW LOAN PROCEEDS, HAVE BEEN COLLECTED, AS DEFINED BY LAW. 2. PER DIEM INTEREST WILL BE CHARGED TO SELLER BY THEIR LENDER UNTIL THE DATE LENDER RECEIVES PAYOFF FUNDS (or as directed in lender's demand statement) AND PER DIEM INTEREST WILL BE CHARGED TO BUYER BY THEIR LENDER FROM DATE OF FUNDING. IN THE EVENT BUYER ORIGINATES A NEW FHA -INSURED LOAN OR VA -GUARANTEED LOAN, THE BORROWER (BUYER) MAY ONLY BE CHARGED INTEREST FROM THE DATE OF RECORDING PER GOVERNMENT REGULATIONS: THEREFORE, THE LENDER MAY REQUIRE THE SELLER BE CHARGED WITH INTEREST FROM THE DATE OF FUNDING TO THE DATE OF RECORDING. 3. IN THE EVENT THE TITLE COMPANY DOES NOT HOLD SUFFICIENT FUNDS TO PAY ALL LIENS AS REQUIRED, ESCROW HOLDER IS HEREBY AUTHORIZED TO DISBURSE FUNDS EQUAL TO THE DEFICIT TO THE TITLE COMPANY AFTER BUYER'S FUNDS ARE CLEARED BY THE BANK AND PRIOR TO RECORDING. 4. TO MINIMIZE DELAYS IN RECORDING, ALL CLOSING DEPOSITS TO ESCROW SHOULD BE: a. IN THE FORM A BANK CASHIER'S CHECK MADE PAYABLE TO GUARDIAN ESCROW, INC OR b. WIRE TRANSFERRED TO OUR BANK AS FOLLOWS: Mercantile National Bank 1840 Century Park East Los Angeles, CA 90067 Routing Number: 122239050 Account No. 003003655 FOR DEPOSIT TO GUARDIAN ESCROW REDLANDS TRUST ACCOUNT CREDIT ESCROW NO. 13589--DC , CITY OF REDLANDS Depositor's name THE UNDERSIGNED HEREIN ACKNOWLEDGES RECEIPT OF THE ABOVE NOTICE. CITY OF REDLAyDjDS, a mu cipal corporation ATTEST: