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ORANGE COUNTY WATER DISTRICT - 2002-09-16
Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder Recording Renitec� ted by anti when (NI�111111111111111N 11111111111111111111 NO FEE Recorded Mail this Deed and Mail 2005000909445 04:15pm 11/10/05 Tax Statement to- 212 143 D10 9 ORANGE COUNTY WATER DISTRICT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10500 Ellis Avenue P.O.Box 8300 Fountain Valley,CA 92728-8300 Exempt from Fee—Public Agency Government Code Section 6103 SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT DEED Well Sites I-35 & I-36 1 FOR A VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged,the t CITY OF HUNTINGTON BEACH, a municipal corporation ("Grantor"herein), hereby GRANTS AND CONVEYS to the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California("Grantee"herein), and its successors and assigns, a non-exclusive perpetual easement and right-of-way, an access and pipeline easement, and a maintenance easement to install, construct, reconstruct, redevelop, remove and replace, inspect, maintain, operate, improve and relocate a water well(s) and pipeline(s) with incidental appurtenances, connections and structures (the "Well Site"herein), in, on, along and under the real property situated in the City of Huntington Beach, County of Orange, State of California, and more particularly described in Exhibit "A," which exhibit is attached hereto and made a part hereof, including ingress and egress to the Well Site (hereinafter, the "Easement Area"). A plat depicting the Easement Area is attached hereto as Exhibit"B." The rights being granted herein include the right to enter upon and to pass and repass over and along the Easement Area, and to deposit tools, implements and other materials thereon by Grantee or its successors and assigns, its officers, agents and employees, and by persons or entities under contract with Grantee, its successors and assigns, wherever and whenever necessary for the purpose of laying, constructing, reconstructing, redeveloping, renewing, inspecting, maintaining, repairing, using and operating the Well Site. It is understood and agreed that the easements and right-of-way granted herein is subject to the rights of Grantor, its successors and assigns to use the surface of the land within the boundaries of the Easement Area in any and all ways not inconsistent with the non-exclusive rights granted hereby, provided, however, that no buildings or structures shall be constructed, installed or situated RECORD NO. 4 n 5 OCWD Doc. F157 15- Rva-- ro-I-f'Cv 41. within the Easement Arca; and provided further, that no earth be removed from the cover of the Well Site. In the event that the Well Site is above ground and fenced, Grantor shall not access the Well Site in the interest of safety. The Maintenance Easement is for the purpose of redeveloping or refurbishing the well. It is anticipated that the well will periodically require the use of a well development/pump rig to perform this maintenance. The maintenance easement is required approximately every five years, however due to the nature of water wells, this period may be more or less. Grantee shall notify Grantor at least 30 days in advance of any maintenance using a well development/pump rig. The Maintenance and Access Easements are entirely on Grantor's property and cover the portions of the Grantor's property referenced in Exhibit "A" attached hereto. Access to the Easement Area and Well Site is from a public right-of-way. Grantee shall indemnify, defend and hold Grantor, its agents, representatives, directors, officers, or employees harmless from and against any actions, claims, damages to persons or property, obligations or liabilities that may be asserted or claimed by any person or entity in connection with any of the rights granted to Grantee under this Easement Deed, including payment of reasonable attorney and legal expenses. Grantee shall restore any area disturbed during construction or well redevelopment to that condition that existed prior to the construction or well redevelopment. Grantee shall fence all above ground facilities. This Deed shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Grantor and Grantee. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Deed, and signed by all of the parties hereto. This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor, Grantee, and their respective heirs, executors, administrators, personal representatives, successors and assigns. ]SIGNATURES ON NEXT PAGE] 2 IN WITNESS WHEREOF, this instrument has been executed on Al, 2005. "GRANTEE" APPROVED AS TO FORM ORANGE COUNTY WATER DISTRICT a political subdivision of the State of By: California organized under Chapter 924 of en Al tounsel, drange the Statutes of 1933, as amended County Water District ley Phili L. Anthony, Presiden By: Vi is Grebbien,General Manager APPROVED IEh,,',NIp1ER rtrt.IRATtt.City Attorn" 11GRANTQM Ey AjD•Aless•ndro CITY OF HUNTINGTON BEACH, paAsat City Attorney a municipal corporation By: Ji ardy, r ATTEST TO: B J .� J L. F ynn, C ity Jerk EASEMENT 113 OWRS RECORD NQ EXHIBIT A TI40SE PORTION OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH RECORDED JUNE 25. 1971, IN BOOK 9692, PAGE 55 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS; PERMANENT EASEMENT NO. 1 THE NORTH 30.00 FEET OF THE SOUTH 80.68 FEET OF THE EAST 18.00 FEET OF THE. WEST 43.53 FEET OF SAID DEED. CONTAINING 540 SQUARE FEET PERMANENT EASEMENT NO. 2 THE SOUTH 18.00 FEET OF THE NORTH 19.87 FEET OF THE EAST 30.00 FEET OF THE WEST 189.52 FEET OF SAID DEED. CONTAINING 540 SQUARE FEET. MAINTENANCE EASEMENT NO. I THE NORTH 40.00 FEET OF THE SOUTH 90.00 FEET OF THE WEST 82.00 FEET OF SAID DEED. EXCEPTING THEREFROM THE ABOVE DESCRIBED PERMANENT EASEMENT NO. 1. CONTAINING 2740 SQUARE FEET. MAINTENANCE EASEMENT NO. 2 THE NORTH 40.00 FEET OF THE EAST 125.00 FEET OF THE WEST 215.00 FEET OF SAID DEED. EXCEPTING THEREFROM THE ABOVE DESCRIBED PERMANENT EASEMENT NO. 2. CONTAINING 4460 SQUARE. FEET. ACCESS AND PIPELINE EASEMENT. THE WEST 15.00 FEET OF SAID DEED LYING NORTH OF THE ABOVE DESCRIBED MAINTENANCE EASEMENT NO. 1. TOGETHER WITH THE NORTH 15.00 FEET OF SAID DEED LYING BETWEEN THE ABOVE DESCRIBED ACCESS AND PIPELINE EASEMENT AND THE WEST LINE OF THE ABOVE DESCRIBED MAINTENANCE. EASEMENT NO. 2. CONTAINING 9675 SQUARF FEET. PREP D BY c�ID�N a SUC,14Aa s LEONARD C. STILES w No.PLS 5o23 tr05 LICENSE EXPIRES DECEMBER 31, 2005 SEPTEMBER 22, 2003 REVISED AUGUST 18, 2005 0FCA4�F EXH1131 I "B n • rN'f_Y LINE 0_R 9692/55 �n °O N89'29'00"E 380.00' r--------iob9.5718L3D_J of I + � j PERMANEN MAINTENANCE EASEMENT N0.2 EASEMENT No.2 + U 540 S-F. 4460 S.F. i I I M z i o W CITY OF HUNTINGTON BEACH ,► z � 'LL BK. 9692 PG. 55 O.R. A) z co U ol_aiILO O �I�' f° 0 cnl ~ �D1wr LAND Q c Z sly LSO I^I N0_ PLS 5023 i I ---XP-12-3t-OS 1 I I Ac) OF C Al�F I + I ' I�3 5 MAINTENANCE PREPAREDPREPAREDUNDERDER THE b6RECT10N OF I � = 100' ~ EASEMENT Nol II 2740 S_F- I r I i PERMANENT I + I $2'_ EASEMENT No1 _ Lt NA STILES LS r ' , 540 S. .F 0c4181/ of ! LICENSE EXPIRES 12/31/2005 Srr2' — r REV!SED AUGUST 18, 2005 tn I � co ADAMS AVE_ ton rf Ln r N 89'29'00" E 217-28'- S_ LINE SECTION 5, T6S. R 10 W RANCHO LAS BOLSAS & C/L ADAMS ST. PREPARED BY- TETRA TECH INC. IRVINE 714) 727--7099 BARRIER WELLHEAD FACILITIES PNTARD 909 390-8000 WELL 1 AND 1A KEY PLAN 17770 CArRTWRIGHT ROAD PALM DCSERT 7605 674-0629 SUITE 5-00. IRVINE. CA- 92614 PASAD NA 91 B 683-0066 949-250-6788 SAN DIE30 (6119, 673-5505 EXHIBIT B ,24nA\L%( -pG Gadd Gw �BP! Scurce�R v-GRy-RIv it- RQI�CT d�a STATE OF CALIFORNIA ) ss ORANGE COUNTY ) On ��7-1-m &.42- 61 2005 before me,the undersigned,a Notary Public in and for said State, personally appeared -1244nt A44ozz y and sTDA,.1 L. A mpi — E proved to me on the basis of satisfactory evidence to be the persona whose namEo Pslare subscribed to the within instrument and acknowledged to me that ; they executed the same in fief/their ,authorized capaci its , and that by fs+ceMltheir signature�on the instrument the person or the entity upon behalf of wh—ich the person0 acted, executed the instrument. WITNESS my hand and official seal- F L EIIh M Camr+WkM•18"179 Nway}soft-COMOMM Oorge Carry MV Comm.Lq*u/kq r. Sign ture Folotary [Seal) 5 STATE OF CALIFORNtA ) ) ss COUNTY OF ORANGE ) On OCTV I N , 2005 before me,the undersigned,a Notary Public in and for said State, personally appeared v ally known to me OR [ ] proved to me on the basis of satisfactory evitl6nce to be the person(s) name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the some in his/tw/their authorized capacity(ies), and that by hislher/the+r signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted, executed the instrument. JAi=M.DtRt NT WITNESS my hand and official sea]. "tea+#1394901 Nc1ory KM-camomim 9 OWW COU* 1QMMCbenLli 4"Jan20.2W7 / Signature of Notary Ly JMfe fK#C DURANT f"M- 'pion#1•59MI Nolm v tea-Caftmia comm.bPMftJon20.2M7 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE } On « vZ() 2005 before me,the undersigned, a Notary Public in and for said State, personally appeared Vi RC- M A G . 5 51 &"J personalty 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 helshe/they executed the same in hishrer/their authorized capacity(ies), and that by hisRzerAtm*signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)acted,executed the instrument. MMM M.DMANT COMMON 139M) WITNESS my hand and official seal. HMMV l4Aft-Canwr* OgM COU* MVCOaML bpba Jan 20.200 Signature of Notary [seat] 6 CE T8sCATE ELF ACCEPTANCE (Government Code Section 27281) THIS IS TO CERTIFY that the interest in real property conveyed by Deed or Grant dated ^02 2005 from the COUNTY OF ORANGE, a body corporate and politic, to the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California, is hereby accepted by the undersigned officer on behalf of the BOARD OF DIRECTORS OF THE ORANGE COUNTY WATER DISTRICT, pursuant to the authority conferred by resolution of the BOARD OF DIRECTORS OF THE ORANGE COUNTY WATER DISTRICT adopted on _- ^ �— _ , 2005 and the Grantor consents to recordation thereof by its duty authorized officer. Dated: .2005 BY- 7 LC �.c L/!5;72 Gar 7 Directors Q Oflrcets PHILIP L.ANTHONY PHILIP L ANTHONY WES BANNISTERKATHRYN L-BARRDENIS R_BILODEAU a JAN DEBAY 0First Trice Presx1ent RICHARD CHAVEZJAN DEBAY KATHRYN L BARR Q�/OF+µme Second lace President SHAM NELSON STEPHEN R_SHELDON ORANGE COUNTY WATER DISTRICT JOSE SOLORIO Oran Court S Groundwater Authority VICww ManagGREBBer ROGEREN C.YOH � ry ty Genarat Manager November 21 , 2005 Ms. Joan Flynn City Clerk City of Huntington Beach _ - 2000 Main Street Huntington Beach, CA 92648 Re: Easement Deed for Well Sites 1-35 and 1-36 Enclosed is a copy of the recorded deed for Well Sites 1-35 and 1-36 for your records. Please contact me if you have any questions regarding this document transmittal. Sincerely, FJ nice Durant strict Secretary Enclosure PO_ Box 9300, Fountain Valley, CA 92728-8300 10500 Ellis Avenue, Fountain Valley,CA 92708 Telephone(714)378-3200 Fax(714)378-3373 Web Page www.ocwd.com RECORDING REQUESTED BY: City of Huntington Beach Real Estate Services Division j cA.t.ep-L1 & P.O. Box 190/ 2000 Main Streetk� Huntington Beach, CA 92648 WHEN RECORDED MAIL TO: Connie Brockway, City Cleric /A) City of Huntington Beach P.O. Box 190/ 2000 Main Street O �(0 Co L 0/6 e00�-I' Huntington Beach,CA 92648 APN(s): 157-343�-119�TEDAREA GRANT DEED �' T :°�'`+Fr Location: North side of E11Ls Av 0 Patterson Ln Signature of Declarant or detertt►in Mx 777/ - 909/ 45414-1s FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TUCKY MASTERSON, a single woman hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH,a municipal corporation, the real property in the City of Huntington Beach, County of Orange, State of Calftmia, described as foilows: See Exhibit"A-for legal description ARDated: 2 --, 2003 SON DEED CERTIFICATION—CITY OF MUNTINGTON BEACH APPROVED AS TO FORM BY THE OFFICE OF CITY ATTORNEY Thts Is(o fy tfrat the Interest In real property cvmeyed by the Deed dated o 2003, from TUCKY MASTERSON, a single By: woman to the CITY OF HUNTINGTON BEACH is hereby accepted by the ASsistatlVDtil mW CltY Attorney undersigned offloer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resokmon This document is solely for the official business of the City of No. 3537 of the City Counca of the City of Huntington Beach adopted on August 7, 1972,and the grantee wrisents to the recordation thereof Huntington Beach, as Contemplated urKW Gm nment Code Set. by its Quly authortred off1m. 6103 and should be reowded free of charge. CITY OF HUNTINGTON BEACH Dated: 10 ZALL 3 Tax Exempt Government Agency CITY OF HUNTINGTON BEACH Connie Brocirway,City Cleric CONNIE BROCKWAY,CMC CONNIE BROCKWAY,CMC CITY CLERK CITY CLERK MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE P. Project Name: Ellis Avenue Widening - CC891 APN(s): 157-343-19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C&L EoRim'4 County of - E On 'J, k-0 3 before me,A'�1� zw'rS'!!� A C//G_ Personally Date Name k Title or officer Q.e,Jane Doe Notary Pubtk) appeared v r_k)/ Z9±5&J S 0A/ Name(s)of SVner(s) ❑ personalty known to me -OR- ( proved to me on the basis of satisfactory evidence to be the personWwhose name(s)tVare subscribed to the within Instrument and acknowledged to me that he/ei they executed the sAev In hisAt�?their authorized capacltykse , and that by his/ their signature(g-on the Instrument the person(s), or the en MY upon behalf of which the person(s)acted,execiited the KELLY LOUISE MANDIC Instrument. tjk Commission a 1372899 z WITN y hand and Official seal. s _* Notary Public - California f_ 3 Orange County My Corm,Elea Sep 1.2008 signature of Notary ----------------------------------------OiMONAL--------------------------------------- Thor 9h b*&data bWw B not mqu#W by Am, &may pow vaAwbt m msarts rep ft an me document and could pvemt haudu f wt ISMOva/and rWt&khmeat of MIS harm W another document Descripliort of Attached Document n Title or Type of Document �J- 3-/9 ipr .. Document Date: 1.Q-7-o3 Number of Pages Signer(s) Other Than Named Above: Capadty(ies) Claimed by Sdier(s) Signer`s Name Signer's Name Individual - ❑ Individual ❑ Corporate oflfKer D Corporate Officer Titie(s): Tt*s): ❑ Partner ❑ Limited General ❑ Partner ❑ Limited El General ❑ Attorney-in-Fact Right Thumbprint of ❑ Amy-Irt-Fact Right Thumbprint of Signer SWW ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing: �� 'µ ', Signer Is Representing: Exhibit A Legal Description A portion of land located in the City of Huntington Beach, County of Orange, State of California, in the Rancho Las Bolsas, also being a portion of the southwest quarter, of the southwest quarter, of the northwest quarter, Section 36, Township 5 South, Range 11 West, San Bernardino Meridian, as shown on the map filed in Book 51 , page 13 of Miscellaneous Maps in the Recorders Office of said County more particularly described as follows: The southerly 10 feet of the land described in the deed to Earl E. Parker and Lois Parker, husband and wife as shown in the document titlted "Grant Deed Transfer to Revocable Trust", recorded as document number 94-0447426 of Official Records, in said County. Subject to all Covenants, Rights, Rights—of—Ways and Easements of Record. Exhibit "B" attached and by this reference made a part hereof. tea � � DV. 11-31-03 � LS 7340 �r Joseph G. Derleth or comO, PLS 7340 expires 12/31 /05 M:\Drcwings\5urwy\©limvnats\oiisROV&eo&dwg Legal Description for Right—of—Way Acquisition for 8091 Ellis Ave •-J, CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS N89°35'55'E,(60.00') ro 0 20� I 809� ELLIS i I APN 1557 -343 -19 1 „ SCALE r" = 20'� o o 0 0 o o N N O v O [f� o • > 3 .� �1 %D 1 I Doc, No 94-0447426 0 S u e iz U cn z ❑ffFciat Records I N V- o N89°35'55''E,C60.00`) 7/ 7 /f, 10,00 L r 20.00 324/193 Deeds 20.00' ��south line, north 1/2, W1/4 I I Sec 36 T5S, R11W Sec 6, CN89035'55'E1,(595.00') TSS f � Ellis Ave 1Q = N89°35'55-E, (535.00') ( )=record per Doc. No 94-0447426 D.R. [ ]=record per Parcel Map 85-330, filed in 246/45-47 of P.M. = Acquisition Area MI: drewin Stove EliisROYFata EilisROVFlotsE Mch.& FExhibit »B Right of Way acquisition plat for 8091 Ellis Ave j CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS /1 v C. i Y Or EtaFOR PURCHASE AND SALE OF REAL PROPERTY $9�� -Z0,3 OCI 21 0 AND ESCROW LNSTRUCT)IONS r� Date: September 30,2003 Escrow No. To: Chicago Title Company 16969 Von Karman Irvine,CA 92606 w sAttn: Margie Wheeler, Escrow Officer (9vlel) O A 3 t,'c THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS(this"Agreement") is made this day of 2003, by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation(`Buyer"), and TUCKY MASTERSON,a single woman ("Seller"). A. Seller is the owner of an undivided 100/100`s interest in that certain improved/unimproved parcel of real property located in the City of Huntington Beach, County of Orange, State of California(the"Property"), legally described as follows: A portion of the Southwest Quarter of the Northwest Quarter of Section 36, Township 5 South,Range 11 West, S.B.B. & M., more particularly described as follows: Beginning at a point in the southerly line of said Southwest Quarter of the Northwest Quarter of said Section 36; 535.00 feet easterly of the west quarter corner of said Section 36; thence northerly parallel to the westerly line of the Northwest Quarter of Section 36, 140.00 feet;thence easterly parallel to the southerly line of the said Southwest Quarter of the Northwest-Quarter of said Section 36, 60.00 feet;thence southerly parallel to said westerly line of said Northwest Quarter, 140.00 feet to the said southerly line of the Southwest Quarter of the Northwest Quarter,thence westerly along the said southerly line of the Southwest Quarter of the Northwest Quarter, 60.00 feet to the point of beginning. Excepting therefrom the southerly 20.00 feet; said exception being the northerly 20.00 feet of Ellis Avenue. Except therefrom 75% of all oil, gas, minerals and other hydrocarbons,below a depth of 500 feet, without the right of surface entry, as reserved in deeds of record. 1 B. Prior to the execution of this Agreement, Seller accepted Buyer's written offer to acquire Seller's undivided interest in the Property for the purposes of widening Ellis Avenue("Project"). NOW, THEREFORE, the parties to this Agreement agree to transfer fee simple title to Seller's undivided interest in the Property, from Seller to Buyer, in accordance with the following terms and conditions: ARTICLE I TERMS AND CONDITIONS 1.1 Purchase and Sale of Seller's Undivided Interest in the Property. In its written settlement offer, Buyer represented to Seller that,according to Buyer's calculations, Seller owned an undivided 100/1001h interest in the Property. However, it is the mutual intent of the parties that,pursuant to the terms of this Agreement, Seller conveys to Buyer, and Buyer acquires from Seller,in fee simple, title to all interest Seller may have had or currently holds and owns in the Property. 1.2 QQening of Escrow. Within ten(10)business days after the execution of this Agreement by Seller and Buyer, the parties shall open an escrow("Escrow") with the Escrow holder by causing an executed copy of this Agreement to be deposited with Escrow Holder. Escrow shall be deemed open on the date that Buyer delivers a fully executed Agreement to Escrow Holder. 1.3 Payment of Purchase Price. (a) Amount of Purchase Price. The purchase price for the conveyance and transfer of Seller's undivided interest in the Property to Buyer shall be Nineteen Thousand Dollars($19,000.00)("Purchase Price"). (b} Payment of Purchase Price. The Purchase Price shall be deposited by Buyer into Escrow within fifteen(15)business days following the opening of Escrow. Buyer shall deposit the Purchase Price with Escrow Holder in "good funds" payable to Seller at the time of closing. "Good funds"shall mean a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California, check from the City of Huntington Beach, or cash. (c) Interests Conveyed. It is understood and agreed by and between Buyer and Seller that the Purchase Price set forth above is paid as full and final consideration of all of the following: (i) A fee simple interest in and to the Property, for the purposes of the widening Ellis Avenue, including all uses incident to the use of the 2 Property as a public right of way, including but not limited to the placement of utilities on or over the Property, access ways for vehicular and pedestrian access, bus bays, signage, curbs, gutters, drainage facilities, traffic control devices or other roadway improvements; and (ii) All improvements, structures, landscaping, paving and any appurtenances to the Property, including but limited to any oil production facilities located on the Property. (d) Other Interests Included. Payment of the Purchase Price by Buyer to Seller represents total just compensation.for Buyer's acquisition of Seller's undivided interest in the Property,all damages for lost oil production or other economic damages due to interruptions of sewer, water, and electrical utility services, pre-condemnation damages, interest,attorney's fees or other litigation expenses, and any and all items of compensation or damage arising out of the planning, negotiation, and acquisition by the Buyer of Seller's undivided interest in the Property. 1.4 Additional Funds and Documents Required from Buyer and Seller. (a) Buyer. Before 12:00 noon on the date preceding the Closing Date, Buyer shall deposit with Escrow Holder all additional funds and/or documents(executed and acknowledged, if appropriate) which are necessary to close escrow and otherwise comply with the terms of this Agreement. (b) Seller. Within twenty(20)business days following the date that Escrow is opened hereunder, Seller will deposit with Escrow Holder an executed Grant Deed("Grant Deed")conveying a fee simple title to Seller's undivided interest in the Property,together with such funds and other instruments as may be necessary in order for the Escrow Holder to comply with this Agreement. Escrow Holder shall submit the executed Grant Deed to Buyer for review and acceptance, as may be required to put the Grant Deed in recordable form, whereupon Buyer shall immediately submit the Grant Deed, with the acceptance,to Escrow-Holder pending close of Escrow. 1.5 Closing Date: Time of Essence. (a) Closing Date. Unless otherwise terminated by Buyer as provided below, Escrow shall close within sixty(60)days from the date Escrow is opened. The terms"the Close of Escrow", and/or the "Closing"as used herein shall mean the time Seller's Grant Deed is filed for recording by the Escrow Holder in the Office of the County Recorder of Orange County, California, the Title Company has issued the Title Policy provided for in subsection(c)below, all closing costs and other costs are paid in full, and all disbursements of any remaining funds in Escrow, or other disbursements as may be required to close Escrow, are made by Escrow Holder to the appropriate parties. 3 (b) Time of Essence. Buyer and Seller specifically understand and agree that time is of the essence and Buyer and Sellers specifically agree to strictly comply and perform their obligations herein in the time and manner specified,and waive any and all rights to claim such compliance by mere substantial compliance with the terms of this Agreement. The time for Closing may be extended, but only by way of a writing signed by all parties. (c) Title Policy. Upon Seller's deposit of the Grant deed in favor of Buyer in recordable condition covering Seller's undivided interest in the Property, and prior to Close of Escrow, Escrow Holder shall cause to be issued and delivered to Buyer as of the Closing a C.L.T.A. standard coverage policy of title insurance("'Title Policy") issued by Chicago Title Company("Title Company"), with liability in the amount of the Purchase Price, covering the Property and reflecting the fee simple title to Seller's undivided interest in the Property in favor of Buyer free of encumbrances; except: (i) The standard printed exceptions and exclusions contained in the CLTA form policy; and (ii) Any exceptions created by or consented to in writing by Buyer, including without limitation, any exceptions arising by reason of Buyer's filing of an eminent domain action,or securing of an order for possession of or entry on the Property. 1.6 Conditions Precedent To Close Of escrow. (a) Condition to Buyer's Obligations. The obligations of Buyer under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent: (i) Issuance by Title Company of the Title Policy reflecting a fee simple undivided interest in the Property granted to Buyer. (ii) Deposit by Seller of all instruments and funds provided for in this Agreement, necessary to the Closing. (b) Conditions to Seller's Obligations. The obligations of the Seller under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part,by the Seller of each of the following conditions precedent: (i) Delivery by Buyer of all instruments and funds provided for in this Agreement necessary to the Closing. 1.7 Escrow Provisions. (a) Escrow Instructions. This Agreement, when signed by Buyer and Seller, shall also constitute escrow instructions to escrow Holder. If required by Escrow 4 Holder, Buyer and, Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict,the provisions of this Agreement shall prevail. (b) General Escrow Provisions. Upon Close of Escrow, Escrow Holder shall deliver the Title Policy to Buyer and instruct the County Recorder of Orange County, California to mail the recorded Grant Deed, to Buyer at the address set forth in Section 3.2 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Orange County,California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be made by Escrow Holder's check. 1.8 Amendments_and Counterparts. This Agreement and any modifications, amendments,or supplements thereto may be executed in counterparts and shall be valid and binding as if all of the parties' signatures were on one document. 1.9 Payment of Costs. Buyer shall pay Buyer's and Seller's Escrow fees, any premium charges for the Title Policy, the charge for drawing the Grant Deed,and the charges for recording the Grant Deed. Clearing of all existing encumbrances,judgments, or liens, including any fees or charges incurred, shall be the sole responsibility of Seller. 1.10 Termination and Cancellation of Escrow. 1f Escrow fails to close as provided above,any party who then shall have fully complied with their instructions and met their conditions to Close of Escrow may, in writing, demand of Escrow Holder the return of their money,documents, instruments, or property deposited into escrow. If no party has so complied, no demand for return of any money, documents, instruments, or property will be recognized by Escrow Holder until five(5)business days after Escrow Holder has mailed written notice of such demand to all other parties at their respective addresses shown in these instructions, and if any party raises any objection to such return, Escrow Holder is authorized to hold all such money, documents, instruments, or property until instructed by a court of competent jurisdiction or joint instruction of the parties. 1.11 Brokerage Commissions. Seller represents to Buyer that no third party is owed any payment or commission as a result of the transfer of the property interests provided hereunder, and Seller indemnifies and holds the Buyer harmless from and against all liabilities,costs,damages and expenses, including, without limitation, attorneys' fees,resulting from any claims of fees or commissions. 1.12 Hazardous Substances Disclosure. The Property, and Seller's undivided interest therein,are subject to a disclosure as designated under Section 25359.7 of the California Health& Safety Code (as may be amended); whereby a Seller is required to disclose the presence of any hazardous substances that have come to be located on or beneath the Property before Close of Escrow. It is understood and agreed between Buyer and Seller that closing of this Escrow is subject to and contingent upon receipt and approval of said Disclosure Statement by Buyer, and that Buyer may, in its sole 5 discretion,cancel this Escrow as a result of the information provided by Seller to Buyer concerning Contamination on the Property, without any further liability of Buyer to Seller. Review and approval of the Disclosure Statement shall not be unreasonably withheld or delayed by Buyer. 1.13 Contamination Defined. The term "Contamination"as used in this Agreement shall mean and refer to any environmental contamination of any type or nature including but not limited to the following substances, whether in the soil,air, surface water, perched water or groundwater, or in any other medium: any "hazardous substance", as defined under Title 42 U.S.C. Section 9601(14)or under California Health & Safety Code Section 25281(g); any"hazardous waste", as defined under Title 42 U.S.C. Section 6903(5)and under California Health&Safety Code Section 251 I7; any "hazardous substance",as defined under California Health& Safety Code Section 25281 and 25316; any"hazardous material",as defined under California Health & Safety Code Section 25260(e); any chemical listed pursuant to California Health & Safety Code Section 25249.8;any petroleum hydrocarbon material or petroleum byproduct, refined and unrefined, including but limited to any crude oil or any fraction thereof, and any additive to any refined petroleum product, as well as any asbestos or asbestos containing material. 1.14 Buyer Reservation of Rights. Buyer expressly reserves all rights and remedies under the law against Seller and any prior owner, operator or other responsible party to seek damages, injunctive relief or other remedies in connection with any investigation, remediation,or other obligations Buyer incurs or may incur as a result of Contamination(other than the levels of contamination currently known by Buyer to exist on or in the Property) potentially existing on, in,or under the Property, including but not limited to any action under CERCLA(42 U.S.C. §§ 9601,et seq.),the California Hazardous Substance Account Act(California Health& Safety Code §§ 25300,et seq.), the Hazardous Waste Control Law(California Health & Safety Code §§ 25100,et seq.), the Porter-Cologne Act(California Water Code §§ 13000, et seq.), California Health& Safety Code §§ 25280, et seq. and 33459 et seq., California Civil Code § 850, et seq., California Civil Code §§ 3479 and 3480, et seq. and other common laws of the State. 1.15 Disclosure of Test Results on Contamination to Buyer. Seller shall disclose any and all laboratory results, test results and any and all other information concerning the assessment, investigation, monitoring, removal and/or remediation of Contamination on or from the Property to Buyer, in writing, within two (2) days of his or her receipt of such information. The disclosure of this information is in accordance with and a part of the disclosure obligations of said Seller under the above Section 1.12,the Hazardous Substances Disclosure obligation_ 1.16 Buyer's Written Purchase Offer. To the extent not inconsistent herewith, the terms of Buyer's written purchase offer to Seller, dated September 30, 2003, are incorporated herein by reference into this Agreement. fi ARTICLE rl REPRESENTATIONS AND WARRANTIES 2.1 Repayment of Purchase Price Deposit to Buyer. In the event Escrow does not close, for whatever reason, and Buyer does not acquire Seller's undivided interest in the Property as provided for in this Agreement, any and all amounts deposited into Escrow as the Purchase Price by Buyer and all other amounts deposited into Escrow by Buyer shall be returned by Escrow Holder, less costs incurred by Escrow Holder, to Buyer. 2.2 Possession. Possession of the Property shall be delivered to Buyer at Close of Escrow. Pending Close of escrow, Seller grants to buyer and Buyer's Contractor a right of entry on the Property, for the purposes of coming onto such Property and effectuating the construction of the public right of way improvements,utilities, and other improvements contemplated thereon as part of Buyer's implementation of its public improvement project. 2.3 Acquisition Using Powers of Eminent Domain. In the event Escrow does not close, for whatever reason, and Buyer does not acquire Seller's undivided interest in the Property as provided for in this Agreement, Buyer may proceed with acquisition of the Property through condemnation using its powers of eminent domain. It is understood and agreed by Buyer and Seller that the total just compensation, as identified in the condemnation documents, is the Purchase Price set forth under the above Section 1.3(a), the Purchase Price. in addition, Seller specifically waives any rights to challenge the Buyer's right and necessity for the Property required for the public improvement project. ARTICLE III MISCELLANEOUS 3.1 Attorney's Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow,or in connection with the Property, the prevailing party in such action shall be entitled to and recover from the other party, its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs. 3.2 Notices. Any notice which either party may desire to give to the other party or to the Escrow Holder must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, postage prepaid,to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate: 7 To Buyer: Michael L. Heineke, Real Property Agent Real Estate Services Division City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 To Seller: Tucky Masterson 8091 Ellis Avenue Huntington Beach,CA 92646 To Escrow Holder: Chicago Title Company 16969 Von Karman Irvine, CA 92606 Attn: Margie Wheeler,Escrow Officer Any notice given by mail shall be deemed received forty-eight(48)hours after such notice is deposited in the United states mail, addressed as provided above,with postage fully prepaid. 3.3 Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared equally by all parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in- effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Orange County, California. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 3.4 No Waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, agreements restrictions or conditions hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants,agreements,restrictions or conditions hereof. 3.5 Modifications. Any alteration,change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. R 3.6 Severability. If any term, provision, condition or covenant of this Agreement or application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable,the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 3.7 Merger of Prior Agreements and Understandings,, This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 3.8 Covenants to Survive Escrow. The covenants and agreements contained herein shall survive the Close of Escrow and shall be binding upon and inure to the benefit of the parties hereto and their representatives, heirs, successors and assigns. 3.9 I.R.S. Form"W-9". It is further understood and agreed by Seller that closing of this Escrow is subject to and contingent upon Seller executing an Internal Revenue Service Form W-911 and 1099-S Form, and depositing same with Escrow Holder no later than one(1)day prior to the Close of escrow. 3.10 Notice of Tax Withholding Requirements. It is further understood and agreed by Buyer and Seller that closing of this Escrow is subject to and contingent upon Seller executing a"Transferor's Affidavit of Non-Foreign Status" and California Form 590 (Withholding Exemption Certificate)and depositing a copy of same with Escrow Holder no later than one(1)day prior to the Close of Escrow. In the event Sellers cannot executed the above-referenced Transferor's Affidavit or California Form 590, Seller shall provide written instructions to Buyer. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 9 3.11 Counterparts. This Agreement and any modifications,amendments,or supplements thereto may be executed in counterparts and shall be valid and binding as if the signatures of all parties were on one document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Purchase and Sale of Real Property an Escrow Instructions as of the date first above written. "SELL ' Dated: (� jTcky t rson "BUYER" CITY OF HUNTINGTON BEACH, Dated: By: By: APPROVED AS TO FORM: Office of the City Attorney City of Huntington Beach t� CHICAGO TITLE COMPANY PRELIMINARY REPORT Dated as of- April 7, 2003 at 7:30 AM Reference: 8091 ELLIS AVE. — 30� Order No.: 33808189-M08 Regarding: 8091 ELLIS AVE. ��/� sr ���raa•�6 HUNTIGTON BEACH,CA — CHICAGO 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 Tide 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the attached list 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. It Is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. 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_ The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN EXTENDED COVERAGE POLICY Visit Us On The Web:westemdjWsion.ctt.com ����• �.,t1e oepar�ment:/ CHI'CAG6 TITLE COMPANY 16969 VON KARMAN IRVINE,CA 92606 (949)263-0123 fax. (949)263-1022 BILL RUSH TITLE OFFICER PFP-08/03/99bw SCHEDULE A Order No: 33808189 M08 Your Ref: 8091 ELLIS AVE. 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: TUCKY MASTERSON, A SINGLE WOMAN 3. The land referred to in this report is situated in the State of California,County of ORANGE and is described as follows: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 11 WEST, S.B_B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, 535.00 FEET EASTERLY OF THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 36, 140.00 FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF THE SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, 60.00 FEET; THENCE SOUTHERLY PARALLEL TO SAID WESTERLY LINE OF SAID NORTHWEST QUARTER, 140.00 FEET TO THE SAID SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, 60.00 FEET TO THE POINT OF BEGINNING. r EXCEPTING THEREFROM THE SOUTHERLY 20.00 FEET; SAID EXCEPTION BEING THE NORTHERLY 20.00 FEET OF ELLIS AVENUE. EXCEPT THEREFROM 75% OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEEDS OF RECORD. PIEA-i0,7:;97nk /1 SCHEDULE B Page 1 Order No: 33608189 MOB Your Ref: 8091 ELLIS AVE. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2003-2004 THAT ARE A LIEN NOT YET DUE. a 2. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 2002-2003 1ST INSTALLMENT: $331.33 2ND INSTALLMENT: $331.33 EXEMPTION: $NONE CODE AREA: 04-010 ASSESSMENT NO: 157-343-19 C 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. a 4. THE USE AND CONTROL OF CIENEGAS AND NATURAL STREAMS OF WATER, IF ANY, NATURALLY UPON, FLOWING ACROSS, INTO OR BY SAID DESCRIBED TRACT, AND THE RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH SAID TRACT TO IRRIGATE OR DRAIN THE ADJACENT LAND. E 5. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT_ RECORDED: JULY 6, 1915 IN BOOK 152, PAGE 283, DEEDS F NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956 .1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. PREB•10/31/47bk SCHEDULE B Page 2 (continued) Order No: 33808189 M08 Your Ref: 8091 ELLIS AVE. c 6. THE RIGHTS OF WAY FOR AND THE RIGHT TO USE AND MAINTAIN THE PIPE LINE AS HERETOFORE CONVEYED BY JAMES MC KINNEY AND WIFE IN A DEED RECORDED JANUARY 5, 1921 IN BOOK 381, PAGE 316 OF DEEDS. x 7. ANY EASEMENTS AND RIGHTS OF WAY REMAINING A CHARGE ON SAID LAND ACCORDING TOT HE PROVISIONS OF THE OIL LEASE RECORDED OCTOBER 27, 1939 IN BOOK 1017, PAGE 182, OFFICIAL RECORDS, SAID LAND HAVING BEEN RELEASED FROM LEASE BY INSTRUMENTS OF RECORD. z 8 . AN OIL AND GAS LEASE FOR THE TERM THEREIN PROVIDED WITH CERTAIN COVENANTS, CONDITIONS AND PROVISIONS, TOGETHER WITH EASEMENTS, IF ANY, AS SET FORTH THEREIN, EXECUTED BY AND BETWEEN THE PARTIES NAMED HEREIN. LESSOR EARL E. PARKER AND LOIS GRANDY PARKER LESSEE CHEVRON U.S.A. , INC. RECORDED OCTOBER 3, 1978 IN BOOK 12868, PAGE 316, OFFICIAL RECORDS 7 NO ASSURANCE IS MADE AS TO THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE, NOR AS TO OTHER MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR OR LESSEE IN SAID LEASE. x 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $266,400.00 DATED: MARCH 26, 2003 TRUSTOR: TUCKY MASTERSON, A SINGLE WOMAN TRUSTEE: FIELDSTONE MORTGAGE COMPANY BENEFICIARY: FIELDSTONE MORTGAGE COMPANY RECORDED: MARCH 28, 2003 AS INSTRUMENT NO. 2003000345134, OFFICIAL RECORDS ORIGINAL LOAN NUMBER: NOT SHOWN L 10. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. r► END OF SCHEDULE B x NOTE NO. 1: TO COMPLETE THIS REPORT, WE WILL NEED TO KNOW THE NAME OF THE BUYER(S) IN ORDER TO SHOW POSSIBLE MATTERS AFFECTING SAID BUYER(S) AND ANY NECESSARY REQUIREMENTS. PLEASE PROVIDE THIS INFORMATION AS SOON AS POSSIBLE AFTER RECEIPT OF THIS REPORT IN ORDER TO ASSURE THAT THERE ARE NO DELAYS IN CONSUMMATING THIS TRANSACTION. PAEUM8"-23i93bk SCHEDULE B Page 3 (continued) Ordcr No: 33808189 M08 Your Ref- 6091 ELLIS AVE. e NOTE NO. 2: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA LOAN POLICY, WHEN ISSUED_ p NOTE NO. 4: THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS: 8091 ELLIS AVENUE, HUNTINGTON BEACH, CALIFORNIA. 0 NOTE NO. 4: THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS: GRANTOR: EARL E. PARKER AND LOIS GRANDY-PARKER, AS TRUSTEES OF THE PARKER FAMILY TRUST GRANTEE: TUCKY MASTERSON, A SINGLE WOMAN RECORDED: MARCH 28, 2003 AS INSTRUMENT NO. 2003000345133, OFFICIAL RECORDS R NOTE NO. 5: WHEN THIS TITLE ORDER CLOSES AND IF CHICAGO TITLE IS HANDLING LOAN PROCEEDS THROUGH SUB-ESCROW, ALL TITLE CHARGES AND EXPENSES NORMALLY BILLED, WILL BE DEDUCTED FROM THOSE LOAN PROCEEDS (TITLE CHARGES AND EXPENSES WOULD INCLUDE TITLE PREMIUMS, ANY TAX OR BOND ADVANCES, DOCUMENTARY TRANSFER TAX AND RECORDING FEES, ETC. ) . s ROTE NO. 6: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL) , THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE-OUT) ONLY COLLECTED FUNDS OR FUNDS RECEIVED BY CONFIRMED WIRE (WIRE-IN) . THE FEE FOR EACH WIRE-OUT IS $25.00. THE COMPANY' S WIRE-IN INSTRUCTIONS ARE: WIRE-IN INSTRUCTIONS FOR UNION HANK: BANK: UNION BANK 2001 MICHELSON DRIVE IRVINE, CA 92714 PFREuNBG9/T3/93br SCHEDULE B Page 4 (continued) Ordcr No: 33808189 M08 Your Ref: 8091 ELLIS AVE. HANK ABA: 122 000 496 ACCOUNT NAME: CHICAGO TITLE COMPANY C&I/SUBDIVISION-IRVINE ACCOUNT NO. : 9120052915 FOR CREDIT TO: CHICAGO TITLE COMPANY 16969 VON KARMAN IRVINE, CA 92606 FURTHER CREDIT TO: ORDER NO. : 033808189 T KE 04/18/03 LPREUAA8C-9/73/93ew W roftWPNAaPAPAROFOROS MO!CONery owo ��oaw"m"TOm„~ POR. SW.114,N.W.114,S£C.J6, 15S,R.!!W. 15r-34 LO roan" ' oouo Alt o 00 tiCatlrOM1 OMAM�C0U1RT Attst1011 teal 35 f TR4& ALLEY a< la O "I e A 2 i r • � P I w er s M 6 ir - = s • V t (� `a vasty, DRIVE 21 g f4RELLE A t57•Ss ,°•t' •w ~ 2 tf ft' * !t a• AS' • tf' e•°a• '• ° K!' S7 S! Y isea' ••..°• Sf + i ' a PAR J , ao0 4J �n f O • 19 - 45 341 t 16 No " 75M ALLEr s Q O , s aewbe 46 l,llb so f . .°'. �1 • � d p °O o rR.4cr 0 zs 0 343 r , o In 29 27 t�6 I. • 11 Z w t' C PMR! 14 r 6 5 to w O w •� `t * � O f� 13 Is LA3A4LM4 AVENUE s. s � � Pr.z a•a IN lit' �uw' so' . is. $ 13 9 �tOr rr J PY S9•t t, e e �•e ; f ap•IBM FI09?7 M12e r S jAc.. 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CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies'Privacy Statement July 1,2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws We believe that making you aware of how we use your non-public personal information ('Personal information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws_ In the course of our business,we may collect Personal Information about you from the following sources. * From applications or other forms we receive from you or your authorized representative: * From your transactions with, or from the services being performed by, us, our affiliates, or others: * From our internet web sites: From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affif ales or others; and From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Securfty Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion_ We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates. such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Informatiorr * to agents, brokers or representatives to provide you with services you have requested, • to third-pa" contractors or service providers v:ho provide services or perform marketing or other functions on our behalf. and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest In addition, we will disclose your Personal Information when you direct or gr:e us permission. when we are required c: law to do so. or when we suspect fraudulent or criminal actrvities we a:so may disclose your Personal Informatior• when otherwise permitted by applicable privacy laws such as. for example -.-.,hen disclosure is needed to enforce ou- rights arising out of anv agreement. transaction or relationship wdn you_ One of the important responsibilities of some of our affiliated companies is :o record documents in the public domain Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information ano .:nder certain circumstances. to find out ;c whom your Personal information has been disclosed Also. cerarn states a"lord you the right to request correcti^n amendment or deletion of your Personal information. 'Pie resenfe the r g ; where permitted by law. to charge a reasonable fee to cover the costs incurred in responding to such requests Ali requests must be made in writing to the following address. Privacy Compliance Officer Fidelitv National Financial, Inc 4050 Calle Real, Suite 220 Santa Barbara CA 931 10 Multiple Products or Services- if vie pro-..,ide you •r:ith more than one financial product or SEr: _? you ma. celve more Ihan one privacy notice us We apo4ogize fo- any inconvenience this may cause you i • *hed to Order No. DG i CLTA PRELIMINARY REPORT FORM E Exhibit A (Revised 01/04/02) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement there of or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy_ 2 (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens. encumbrances, adverse claims or other matters- (a) whether or not recorded in the public records at Date of Policy. but created, suffered_ assumed or agreed to by the insured claimant. (b) not known to the Company, not recorded in the public records w Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant. (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured had paid value for the insured mortgage or for the estate or interest insureo by this policy. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent ovmer of ;r e indebtedness. to comely riith the applicable doing business lays of the state in which the land is situa!ed Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof which arises out of the transact o;' evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending la•r: �. Any claim which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender_ by reason of the operation of federal bankruptcy, state insolvency or similar creditors rights lass i *Attached to Order No. DG CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 (Continued) EXCEPTIONS FROM COVERAGE -SCHEDULE 8, PART 1 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records_ Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records- 2- Any facts, rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspection of the land which or which may be asserted by persons in thereof. 3. Easements,liens or encumbrances, or claims thereof, which are not shown by the public records- 4 Discrepancies. conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5 (a) Unpatented mining claims. (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights, claims or title to water. whether or not the matters excepted under (a), (b) or (c) are shown by the public records I • Wuachcd to Ordcr No DG CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/96) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS 'In addition to the Exceptions in Schedule B. You are not insured against loss, costs, attorneys' fees, and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning a- building b. zoning c- Land use d improvements on the Land e Land division If environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date- This Exclusion does not limit the coverage described in Covered Risk 14, 15. 16. 17 or 24 2 She failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date- 3 The right to take the Land by condemning it, unless a notice of exercising the right appears in the public records at the Policy Date, or b the taking happened before the Policy Date and is binding on You if You bought the land without Knowing of the taking 4 Risks a that are created, allowed, or agreed to by You, whether or not they appear in the Public Records, b that are Known to You at the Policy Date. but nol to Us. unless they appear in the Public Records at the-Policy Date. that result in no loss to You_ or d that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7.8.d. 22. 23. 24 or 25 s Failure to pay value for YOUR Title s. Lack of a right a to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A: and in streets atlevs or•::atera•:ays that'.oucn the La'ld This Exclusion does not limit the coverage described it Co.,ered P,:s'r. I ' or 18 . . Attached is Order No. DG ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage costs, attorneys fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land,- (h) the character, dimensions or location of any improvements now or hereafter erected on the Land -, (iii) a separation in ownership or a change in the j dimensions or areas of the Land or any parcel of which the Land is or was a part; or (ii)environmental protection, or the effect of any violation of these laws, ordinances or { governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This excl,sion does not ' limit the coverage provided under Covered Risks 12. 13. 14, and 16 of this policy. I (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge 3 Defects,liens, encubrances,adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the insured Claimant. (d) attaching or created subsequent to Date of Policy (this paragraph does limit the coverage provided under Covered Risks B, 16, 18. 19. 20. 21. 22 .23, 24. 25 and 26). or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the tnsured Mortgage f 4 Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the Land is situated- S. Invalidity or unenforceability of the lien of the Insured Mortgage. or claim thereof, which arises out of the transaction evidenced by the insured Mortgage and is based upon usury. except as provided in Covered Risk 27 or anv consumer credit protection or truth in lending law . Attached to Order No.DG ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) (Continued) 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7_ Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8_ 8- Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at- (a) The time of the advance;or (b) the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8 9_ The failure of the residential structure, or any portion thereof to have been constructed before. on or after Date of Policy in accordance with applicable building codes_ This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy . . Attached to Order No.DG AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against foss, costs attorneys'fees,and expenses resulting from: 1_ Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning. land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date This exclusion does not limit the zoning coverage described in Items 12 and 13 d Covered Title Risks 2 The right to take the land by condemning it. unless a notice of exercising the right appears in the public records on the Policy Date the taking happens prior to the Pot-icy Date and is binding on you if you bought the land without knowing of the taking 3_ Title Risks that are created, allowed. or agreed to by you that are known to you, but not to us. on the Policy Date - unless they appear in the public records that result in no loss to you that fist affect your tale after the Policy Date - this does not h mit the labor and material lien coverage in item 8 of Covered Title Risks a. Failure to pay value for your title. 5- Lack of a right to any land outside the area specifically described and referred 'o in Item 3 of Schedule A OR in streets.alleys.or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. • Attached to Order No. DC; AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE. The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses which arise by reason of- t, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was part; or (iv) environmental protection, or the effect of any violation of thes laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy- 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens. encumbrances, adverse claims or o;her matters: (a) created. suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Data of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or Ereated subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services. labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy)_ or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4 Llnenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with applicable doing business laws of the state in which the land b situated 5 Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof vihich arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law • 0 Attachcd to Order No.DG AMERICAN LAND TILLS ASSOCIATION OWNER'S POLICE'(10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: = i 1- (a) Any taw, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)restricting, regulating, prohibiting or relating to @ the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan. or (iv) environmental protection, or the eeect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged affecting the land has been recorded in the pubic records at Date of Policy. 2. (b) Any governmental police power not excluded by (a) above, except to the extent notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be biding on the rights of a purchaser for value without knowledge 3- Defects- liens, encumbrances,adverse claims or other matters. (a) created, suffered, assumed or agreed to by the insured claimant. (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to ;he Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant. (d) attaching or created subsequent to Data of Policy-, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws, that is based on (1) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer. or (0) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure (aj ;o,irriely record the Lnstrument of transfer or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien,crecitor a_'a_�_• _3 2: C7 *Attached to Order No.DG AMERICAN LAND TILLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLO OWNER'S POLICY(10-17-92) (Continued) The above policy forms may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Instructions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will nor pay costs, attorneys' fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof- 3- Easements. liens or encumbrances, or claims thereof,which are not shown by the public records. a. Discrepancies. conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. and which are not shown by the public records 5 (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights. claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records A-- Z-2 C3 2-_'t7iA Attached to Order NO.DG AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE (CONTINUED) 6. Any statutory lien for services. labor or materials (or the claim of priorhy of any statutory lien for services. labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the (and which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance- 7- Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors' rights laws, that is baaed on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the doctrine of equitable subordination,or the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor The above policy forms may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs attorneys' fees or expenses] which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices, of such proceedings, whether or not shown by the records of such agency or by the public records 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof- 3- Easements. liens. or encumbrances. or claims thereof. which are not shown by the public records a. Discrepancies conflicts in boundary lines. shortage in area encroachments. or any other facts which a correct survey•,mould disclose.and .-.hrCh are not 5hQ,.vn by the public records 5 (a) Unpatented mining claims (b) reservations o exceptions in patents or in Acts authorizing the issuance thereof. (c) Eater rights. claims or title to v`ater, whether or not the matters excepted under (a), (b) or (c) are Shown by the public records '=' r- -. RECORDING REQUESTED B ORANGE COUNTY WATER DISTRICT y - ------- AND WHEN RECORDED MAIL THIS DEED AND, i Recorded in Official UNLESS OTHERWISE SHOWN BELOW.MAIL TAX ; Tom Daly, Clerk-Recordefrds, County of Orange STATEMEUT?TO: ! 1 f )tom. �ange County Water District +( �+� 10500 Ellis Avenue =_- -- __ $". Fountain Valley CA 92728-9509 I' 917 9 20040000924691 �!�'1lNO FEE ' Z D10 a �2.o$pm 02/05/04 r Attn: Donald Jackson � 0 00 I ca I Property Manager ' 4 0.00 0.00 0.00 0.00 0.()0 0.00 0.00 Ta lc Order No. EscrawNo. Ff) CAD Py ^"-�--- --- � A) �`>� 1`-1 C_E Quitclaim Deed 1ACE ABOVE THIS LINE FOR RECORDERS USE 7`/lLJ7' This form furnished by United Title Company F.�E 600..ts r-Z-d 9i The undersigned declare(s)that the documentary transfer tax is$ �— and is ❑computed on full value of property conveyed.or is 0 computed on full value less value of liens and encumbrances remaining thereon at the time of sale.ne Land,tenements or realty is located in 0 unincorporated area Mcityof Huntington-Beach, County of Orange, of Calif FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, The Orange County Water District, a political subdivision of the State of California d6K does hereby rernise,release and forever quitclaim to The City of Huntington Beach, a municipal corporation The following described real property in the City of Huntington Beach C(Hmtyof Orange State of California: O SEE EXHIBIT A This doaurunt Is x Wy for V*ttAcW arakun d Vw City d Ks*Vlcn AhNK E M.DUPAM BMdt as tx>rtorrlplaoad under Cart n*don 0 1394901 Qovenw set Cods Sac 6103 and shouid b i neo ded tse d elmm Nokary hMc-CditnW oratrps Cou* LO&IMp Canal.Elsa Jon COL Date ( -N-63 STATE OFCALffaORN[A � SS. COTIM 1'Y OF Orange ORANGE COUNTY WATER DISTRICT on 6-18-03 befowmi.the ianod a Public in and for said Stars, personally appeued - - _ owt.rtlrl�rtwie� persondlyknowntoone(orprovedtomean the basisofsatisfacmeyrvi&=) By to be the persons) whose rmm0s)is/tre subu6bed to the witttam inuttw=t and aclmowWged to me drat Wsbelthey executed the same in hisr w tbdr D s B i l o d e au, P r e s i d e n t sudmued apaclty(im).and that by W wNcd w signanttn(s)an the insult- meat the pemon(s),or the entity upon bebalf of whicb the penat(s)v=44. By exeauedtbeinSUUMenL Virgi Gre bien, General Manager my d and official seal Dated: In Si [This area for official notarial seal) b1A T STATEMENTS TO PARTY SHO WN. ON FOLLOWING LINE:IF NO PARTY SO SHOWN,MAIL AS DHtECIFD ABOVE. Name Sliest Address City and State UT-D14(rev.9195) AdOL Exhibit A Legal Description Parcel 1 , of Lot Line Adjustment No. 02-08, recorded as document numbero Q oZ7`tf in Orange County Records, located in the City of Huntington Beach, County of Orange, State of California, in the Rancho Las Bolsas, also being a portion of the southwest quarter, of the southwest quarter, of the northwest quarter, Section 36, Township 5 South, Range 11 West, San Bernardino Meridian, as shown on the map filed in Book 51 , page 13 of Miscellaneous Maps, in Records, of said County more particularly described as follows: The Northerly 60.00 feet of that land as described in the Grant Deed to the City of Huntington Beach, a municipal corporation, recorded as document number 19980455450, in Records, of said County and the Northerly 60.00 feet of that land as described in the Grant Deed to the Orange County Water District, a political subdivision of the State of California, recorded as document number 20020132845, in Records, of said County. Subject to all Covenants, Rights, Rights—of—Ways and Easements of Record_ See exhibit "B" attached hereto and by this reference is made a part hereof. ID_1:7 LANp SG� car � 1 E)P. 12-31-0? o Joseph G. Derleth PL5 7340, expires 12/31/05 �l1tF S. l Or CAL+f M:\D+-owings\Survey\OlisROYM ets\E]lisROV&eco&dwg Legal Description Parcel 1 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 3 N89°35'55'E, 150.00' CY 131.50' Ln ri .5o, %D Parcel 1 a� Qj 0 .o� 0 7,890.00 o F o o` Sq feet CD o o Q � 3 J ` .00' _ v ---27.50' 3 91% N89'35'55'E, 131.50' 3.00 0 1174 ;D 3 L �� m 1 0 0 R1 o Z s U �o Parcet 2 0tt0 0_ U CD CDtZ S,89fq e e t `0 -�- pa c3., 20.00' 20.00' Ct zz,5n•I 131.50' E 0 N89.35'55'E, 1 150.00' � r \ �[N69.35'55'E]),j 437.36' ` 324/193 W1/4 Cor Del-ds Sec 36, south line, north 1/2, T5S, R11W. Ellis Ave Sec 36 T5S, R11W LEaE ND =Deeded to the City or Huntington Beach per 4667/327 of OR Q =[CN89"35'55'E]],(282.86') < >=record per Doc. No 20020132845 of D.R. 15 0 30 t }=record per Doc. No 19980455450 of OR t ]=record per Book 4667, page 327 of D.R. H 33=record per Parcel Map 65-330 filed in SCALE 1' = 30' Book 246, page 45 thru 47 of P.M. Exhibit 'B" PARCEL 1 CITY OF HUNTINGTON BEACH 10 DEPARTMENT OF" PUBUC WCRKS CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated JUNE 18, 2003, from THE ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California to THE CITY OF HUNTINGTON BEACH, a municipal corporation is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: January 29, 2004 CITY OF HUNTINGTON BEACH dw i owl' CONNIE BROCKWAY CITY CLERK By: � u eput#ity erk 9;folrowuprdeedstdeedeertM2*x Govemment Code 527281 procedure#16 (Telephone: 714-53"227) �-Y) RE CORDING REQUESTED BY� CITY OF HUNTINGTON BEACH AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW,MAIL TAX Recorded to Official Records, County of Orange i STATEMENTS TO: Tom Daly, Clerk-Recorder Connie Brockway � �'lllllill�lll??III++�illlllllll?Il�ill??Illr+l!I?Ile?I!?IIIIIIIIIINO FEE � Office of the City Clerk s"" 2000 Main Street 2004000092468 02:08pm 02/05104 Huntington Beach CA 92648 117 92 D10 4 G"a 0-00 0.00 0.00 0-00 0 00 0.00 0.00 0.00 ZP TitleO�tdlerNo. NIA Escrow No. N/A I,°A' - 1 S 5" —`341 -0 9 Quitclaim Deed SPACE ABOVE THIS LINE FOR RECORDERS USE 44 ThLs form hwnbhed l) United Ti le Co (000,15, The undersigned declare(s)that the documentary transfer tax is S and is 0 computed on full value of property conveyed,or is 0 computed on full value less value of liens and encumbrances retraining dlereoa at the time of sale.Tire land,tenements or realty is located in 0 unincorporated area fficityof Huntington Beach, County of Orange, State of Cali FOR A VALUABLE CONSIDERA770N,zeceipt of which is hereby acknowledged, The City of Huntington Beach, a municipal corporation dbx does hereby rernise,release and forever quitclaim to The Orange County Water District, a political subdivision of the State of California The following described real property in the City of Huntington Beach County of Orange _ State of California: l/j i�L f SEE EXHIBIT A APPROVED AS TO FORM ---� This doaarlent Is WWy for the afedai JENNIFHR MaGRATH,Qty An... kolnees of the C31Y of Huntlnpson Beech'as cm%w ptsfad under y.� Govenrnsnt Code Sec-6103 and stXX as recorded tree of cNirge. Ambtstiti C*Aamney CITY OF HUNTINGTON BEACH Date a municipal corporation - STATE OF CAL 1 SS. `&MIVLA� Dart t�CiriYL� COUNTY OF ORANGE J Mayor M1el�j 9 ) AL ty ._� before me,the U—0 a N(gtary pub' trod fa U4 State. persoeaA +PP= City Clerk Opp le i^e personally basown to me(or proved to me on the basis of satisfactory evidence) m be the penat(s) whose rameisl islan subscribed to the within immanent and acknowledged to the that he/sheldwy executed the same in disfha/their KEiLY LOU15t: MANIaIC autbodzed apaory(ies),and that by bis/bahbeir siV ature(s)an the irfft<ll- Commission, 4 1372899 meat the pemoo(s).or the entity upon behalf of which the person(s)rid S exeaed,the instrttment 'F0MyComm_Ex.cwes5ep NOtOry PubltC COlifOtnioaOronge County wrFNESS my handand official seal. 1.2006 r Signateue 67 (This area for atrtcial notarial xal) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE:IF NO PARTY SO SHOWN.MAIL AS DME-T D ABOVE Name Sucet Address City arld State UT-D 14(rev.9M) Exhibit A Legal Description Parcel 2, of Lot Line Adjustment No. 02--08, recorded as document number hzk-�Jq in . Orange County Records, located in the City of Huntington Beach, County of Orange, State of California, in the Rancho Las Bolsas, also being a portion of the southwest quarter, of the southwest quarter, of the northwest quarter, Section 36, Township 5 South, Range 11 West, San Bernardino Meridian, as shown on the map filed in Book 51 , page 13 of Miscellaneous Maps, in Records, of said County more particularly described as follows: That land described in the Grant Deed to the City of Huntington Beach, a municipal corporation, recorded as document number 19980455450, in Records, of said County and that land described in the Grant Deed to the Orange County Water District, a political subdivision of the State of California, recorded as document number 200201 32845, in Records, of said County. Excepting the Northerly 60.00 feet thereof. Subject to all Covenants, Rights, Rights—of—Ways and Easements of Record. See exhibit "B" attached hereto and by this reference is made a part hereof. tj C-)�� u A Joseph G. Derleth PLS 7340. expires 12/31/05 sr S 7340 �~ Y:\Drawings\Sarver\I]IisROWPlats\EJIisROV&egals-drg Legal Description Parcel 2 •J I CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 3 N89"35'55'E, 150,00' 131.50' in .50' - Parcel 1 aE^ 7,890.00 0 t a. C o� Sq feet o _► CDC %D I o 3.00` � v N89'35'55'E, 131.50' o � 3 LA D L 0 s Z Ea Parcel 2 aka L U � 7,890.00 z Sq feet (� 20.00' 20.00' lia.501) Ar : 131.50' O N89'3555'E, 150,00' / [[N89'35'55'E]], 437.36' ' I 324/193 W1/4 Car Deeds Sec 36, south Une, north 1/2, T5S, R11W. E«1s Ave Sec 36 T5S, R11W LEGEND Deeded to the City of Huntington Beach per 4667/327 of OR 1Q =[[N89°35'55'El),(282.86') < >=record per Doc. No 20020132845 of D.R. 15 0 J0 }=record per Doc. No 19980455450 of OR [ 3=record per Book 4667, page 327 of O.R. [[ 3l=record per Parcel Map 85-330 filed in SCALE 1" = 30' Book 246, page 45 thru 47 of P.M. Exhibit "B" PARCEL 2 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALI FOR NtA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated MAY 9, 2003, from THE CITY OF HUNTINGTON BEACH, a municipal corporation to THE ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: January 29, 2004 CITY OF HUNTINGTON BEACH d)Wi aav�4�41—CONNIE BROCKWA CITY CLERK By: f C Deputy C g rfcllam;p deeds'ueedcert2002 xc Government Code§27291 procedure V8 I T aephone:714-536-6227) Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder III I!III{ Ilill IIlII 1{IN II II IIII(IIIII IiNI lIII!11111111111111!NO FE E 2003000678490 09:07am 06/11/03 117 75 Los 8 Mall reolld copies to: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 tiVIJCITY OF HUNTINGTON BEACH /11- , ' ,�-,4 3 a DEPARTMENT OF F6ANNW6 AV 2000 Main Street C oc 6,) 4 is -3y`- Huntington Beach, CA 92648 space above reserved for County Recorder's use L fee: $ CITY OF HUNTINGTON BEACH �-� LOT LINE ADJUSTME ,bus' s*wOW of Huntington Beach. as COMM& No. OZ • Q plated under-Gmemmerr!colt 61-3 and eho%* be 1000 W tree of charge. RECORD OWNER(S):PARCEL PARCE I ID- — — - 8a51 _8c�) .A NAME: 'ILA • QML Dqs W,s ADDRESS: ?,too. M+.tN mule, M"ll 4 uMwG=LJ rA, %,Gta; DOOM" ktoett.g4 .(,At 92'iDSh .� DAYTIME o = 0 5�to 5Z�"�„ 14� 3I)8 1 3Z (a s s TELEPHONE: C1!4„ • 40 S O (l/We) hereby certify that: 1) (i am/We are).the record owner(s)of all parcels proposed forw " adjustment by this application: 2) (Iffle) have knowledge of and consent to the fling of� this application: and 3) The information submitted in connection with this application is true and correct: PARCEL PARCEL 10r Signature S nature Denis Bi l odeau: � Narne: & -' wya��_ Marne: President A Signature SlghatUbb Virginia Grebbi en Name: r�� 1 Name: General MAnanar RECORD NO- ocWD DOG. FILE WIOCWD NO. CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT • No. b2 - o$ r.,. KELLY LOUISE ru1AND+C Commission N 1372899 STATE OF CALIFORNIA Notary PubliC - Cobfornia SS Orange County COUNTY OF ORANGE my Comm Expires Sep 1.2006 8 ON THIS Ljj4DAYOF , 2001, BEFORE ME, Ldril S-e- d?a�d�� A NOTARY PUBLIC N AND FOR SAI STATE, PERSONALLY APPEARED c Idn i. 491 PERSONALLY KNOWN TO ME OP. TO BE THE PERSON(S) WHOSE NAME(S) IS VCR' SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAEISH EYEY EXECUTED THE S IN HIS/HER HE�I RD AUTHORIZED CAPACTITIES, A THAT BY HISIHE EIR IGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BE H OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES: Ad MY PRINCIPAL PLACE OF BUSINESS IS IN NOTAR UBLIC IN AND FOR ©Y`(2 j' !a AOL& COUNTY. SAID STATE. Ilk ' di` KELLY LOUISE NtANDIC PRINT AME Commission +372800 Orange County STATE OF CALIFORNIA My Comm.Expires Sep 1.M SS COUNTY OF NGE ON THIS r 1,.. DAY MVC k , 2003 BEFORE ME, A NOTARY PUBLIC IN FOR SAID STATE, PERSONALLY APPEARED av PERSONALLY KNOWN TO Y <-EitIDE� TO BE THE PERSO S) WHOSE NAME S) E SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNO EDGED TO M HAT HEISHE_ EE EXECUTED THE SA IN HISIHEEI A ORIZ CAPACTITIES, �kiVD THAT BY HIS/HE El IGNATURE(S) ON THE IN ENT THE PERSON(S), OR THE ENTITY UPON BE ALF OF WHICH THE PERSON( C D, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMIS N EXPIRES: Flu ? OUrJ MY PRINCIPAL PLACE BUSINESS IS IN ARY PUBLIC IN D FOR M.DURW AID STATE. r 1"4901 A lYt U94NT "°'°ry PRINT NAMEc'0^'"L �. G:Forms\LLA 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT o • No. OZ - CONTACT PERSON: C kj►mjftm�j ADDRESS: - _ _ _ _ —2boo f MIJ Sr¢nm N DAYTIME TELEPHONE NO: This document consisting of S pages was prepared by me or u N H S/I direction. v oy�p ER��F<0 No_ NO = 30,Gv -� � � �' �' L.S. � 3'�C� motes iz,�3,z MY REGISTRATION 1 LICENSE EXPIRES: EXAMINED AND APPROVED 4 APPROVED AS TO FORM C IENNIFER McGRATH,City Aummy By: Robert F. Beardsley, R.C.E. 22876 Sy Rul D'A1..Adw Director of Public Works oF4-4 C*y of 9wYhlwibnTw64 i' 'City Atb ndy My Registration 1 License Expires on 12/31/05 DATED THIS 977% DAY OF MQ� , 200 3 DATE FILED: ZONE: PLANNING DEPARTMENT ACTION DATE: l G:FormslLLA 0 CITY OF HUNTINGTON BEACH 0 LOT LINE ADJUSTMENT • No. — off_ LEGAL DESCRIPTION Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: a �bN 1-0 1HR e 4hs fT A A* YItRT WSUVOrr G:FormsU-LA Exhibit A Legal Description A portion of land located in the City of Huntington Beach, County of Orange, State of California, in the Rancho Las Bolsos, also being a portion of the southwest quarter, of the southwest quarter, of the northwest quarter, Section 36, Township 5 South, Range 11 West, San Bernardino Meridian, as shown on the map filed in Book 51 , page 13 of Miscellaneous Maps, in Records, of said County more particularly described as follows: Parcel 1 - The `North-erly-60:00- feet -of-that land 'as described -in--the- Grant' -Deed to the City of Huntington Beach, a municipal corporation, recorded as document number 19980455450, in Records, of said County and the Northerly 60.00 feet of that land as described in the Grant Deed to the Orange County Water District, a political subdivision of the State of California, recorded as document number 20020132845, in Records, of said County. Parcel 2 That land described in the Grant Deed to the City of Huntington Beach, a municipal corporation, recorded as document number 19980455450, in Records, of said County and that land described in the Grant Deed to the Orange County Water District, a political subdivision of the State of California, recorded as document number 20020132845, in Records, of said County. Excepting the Northerly 60.00 feet thereof. Subject to all Covenants, Rights, Rights-of-Ways and Easements of Record. See exhibit "B" attached hereto and by this reference made a part hereof. SAND sG�L ` U Eli. 12-37-05 � tr � Joseph G. Derleth s, S 73 It PLS 7340, expires 12/31/05 �TF Or CX\-Xl � M:\Dra win gs\Survey\EWsROWPIcts\EIIisROWLegols.dwg Legal Description Parcels 1 & 2 for Lot Line Adj. 02-08 (8051 and 8061 Ellis Ave) •� ,� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS . i • CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. o2 - oa MAP Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: C e { _ - I - jr - 1rID- �t1TRG{kED �TD IbJD 8�( T}h5 T�F�YBIJC� Mh-b� Q Pf�(ZT G:FormMLLA rNOW 3 N89°3555'E, 150.00' 131.50' V, _ <68.001> LO (82.00') 49.50' -� .50' Parcel 1 � iis.5o'r � CD _ 7,890.00 �' o`.� N M o o Sq feet o CD. o J 0 0 V Lcl ti v v ---8 7.5 0' N89°35'55'E, 131.50' o LA ° o f a W Z Z O � � I S o o C3 O Parcel 2 C5 CD Z � � . z-A6.00- � 7,890.00 c�., 20.00' Sq f eet 20.00' =1!8.501. .50' or (82.00') _ <68.00'> L 131.50' 49.50 O \ N89°35'55'E, � 150.00' J \ \[N89-35'55'E13, 437.36' W1/4 Cor -724/193 a�o �A�+a SG�4 Deeds lb Sec 36, south line, north 1/2, TSS, R11W. Ellis Ave Sec 36 T5S, R11W UP. 12_31_0 LEGEND indicates Lot Line to be deleted S_ 7340 �. indicates proposed Lot Line rF of CALM indicates existing Lot Line to remain =Deeded to the City of Huntington Beach per 4667/327 of OR =CCN89°35'55"E11,(282.86') 15 0 30 < >=record per Doc. No 20020132845 of D.R. ( )=record per Doc. No 19980455450 of D.R. [ ]=record per Book 4667, page 327 of D.R. SCALE l" = 30' CC ]]=record per Parcel Map 85-330 filed in Book 246, page 45 thru 47 of P.M. EXh I bi ; B" Lot Line Adjustment 02-08 (8051 & 8061 Ellis Ave) CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS . - CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT • No. 02 - off► STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS lqA DAY OF K)n kcc , , 200 3, BEFORE ME, yAO ce U A2 NOTARY P BLIC IN AND FO AID STATE, PERSONALLY APPEARED f1�s �i�ea-� 4NC iA; ulnr 9ZFQ8iE �) PERSONALLY KNOWN TO ME�OR PR Y E'atBEi�fCE TO BE THE PERSO[LS WHOSE NAME(S) IS/ B� SUBSCRIBED TO THE WITHIN INSTRUMENT AND OWLEDGED TO ME THAT HE/SH HE EXECUTED THE SAME— IN HIS/HER1 E AUTHORIZED CAPACTITIES, AND— THAT BY HIS/HERt�I SIGNATURES) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. J%4M M.DMANI WITNESS MY HAND AND OFFICIAL SEAL Q0Comrtdseion#1394901 Notwy Pubic•CaNlomnla lMVcomm.fqftsj*n20.20D7 (qN , ARY PUBLIC .NMNCE M.DMAW Commission# 1394901 Notary Public-California Orange County I—RMy Comm.Expires Jan 20,2007 G:FormslLLA e , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL, OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: September 24, 2002 TO. Orange County Water -District ATTENTION- Shivagi Deshmukh Name 10500 Ellis Avenue DEPARTMENT: Street Fountain Valley, CA 92708 REGARDING- Agreement re: City,Stan,Zip Groundwater Replenishment System Injection Barrier Wells and . . . See Attached Action Agenda Item _ E-10 Date of Approval 9 L1 _/� 02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks Please send executed copy to the above address, attn: Jeffrey Hughes Connie Brockway City'Clerk Thank you. Attachments- Action Agenda Page x Agreement 2x Bonds Insurance RCA Deed Other CC: R. Beardsley DPW x tiame Depaflment RCA agm=.em Insurance Other T. Broussard DPW x Dame Department Ageerren! Imurance Other !name RCA Agrcerrent Insurance Other Dame Department RCA Agreemcm Insurance Other Name Department RCA Insurance {Telephone,714-536-5227) CITY OF HUNTINGTON BEAC4 '� MEETING DATE: September 16, 2002 DEPARTMENT I N MBER: PW 02-072 Council/Agency Meeting Held- _--84-k6-02 Deferred/Continued to: X Approved J Cond itio?l It Approved U Denied >-�dCi y C I e r s ignature Fh Council Meeting Date: September 16, 2002 Department ID Number.. PW 02-072 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION .. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratoraie-2-;� =c r : REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works •.� _ w SUBJECT: APPROVE OCWD AGREEMENT FOR THE GROUNDWATER REPLENISHMENT PROJECT AND THE ELLIS AVENUE WIDENING PROJECT, CC-891 Statement of Issue,Funding Source,Recommended Action,Alternative Actron(s),Analysis,Environmental Status.Attachments) Statement of Issue: A cooperative agreement between the City and the Orange County Water District (OCWD) has been drafted to describe the respective agency's responsibilities regarding the OCWD's Groundwater Replenishment Project and the City's Ellis Avenue Widening Project, CC-891. Funding Source: Funds in the amount of $250,000 are budgeted Measure M funds, Ellis Avenue Widening, CC-891, Account 21390005.81100. Recommended Action: Motion to: Approve the agreement with the Orange County Water District for the Groundwater Replenishment System Injection Barrier Wells and Pipeline Property Exchange with the City of Huntington Beach and authorize the Mayor and City Clerk to execute the agreement. Alternative Action(s): Do not approve the cooperative agreement and direct staff on how to proceed. Analysis: Public Works staff has prepared plans and specifications for the widening of Ellis Avenue, east of Beach Boulevard with the intention of making improvements once all right-of-way is acquired. The Orange County Water District (OCWD) has expressed interest in constructing an injection well over the City's parcel on the northwest corner of Ellis Avenue and Patterson Lane with a distribution line for the well in Ellis Avenue. 02-072 Sep 16 Broussard(0CWD Agreement) ?a- IM27/2002 5:08 PM ' s REQUEST FOR COUNCIL ACTIOV MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER: PW 02-072 An agreement has been drafted, which describes each Agency's responsibilities for the two projects to be constructed concurrently, thereby limiting the disruption to the residents. Both agencies have a mutual interest in reconfiguring the parcels_ This reconfiguration would result in the OCWD's parcel gaining frontage along Ellis Avenue to better isolate the well site from the surrounding residents. The City's property would have its frontage along Patterson Lane, making that property more desirable for residential use. In addition, the agreement allows for the dedication of a utility easement to the OCWD across a City owned property, near Adams Avenue and the Santa Ana River. This easement allows for the construction of an additional OCWD injection well and the associated distribution line across the property. The City Attorney's office has approved the agreement as to form and approval by the City Council would allow these projects to move forward. Public Works Commission: Not required for this action. Environmental Status: Not applicable for this action. Attachment(s): City Clerk's Page Number No. Description 1 Agreement for Groundwater Replenishment System Injection Barrier Wells and Pipeline Property Exchange with the City of Huntington Beach RCA Author: T Broussard:jm 02-072 Sep 16 Broussard(OCWD Agreement) ;7= 8127/2002 5:08 PM C2.. ATTACHMENT #1 Directors `NCE s d�4,5 Officers PHILIP L.ANTHONY 9 33 �' JERRY A.KING President WES BANNISTERKAT L.BARR KATHRYN L.BARR 0, Fr NstiVicePresident DENIS R.BILODEAU Z LAWRENCE P.KRAEMER JR. DA JAN DEBAY A 0 Second Vice President • C _ JAN M.FLORY rpN of�Nrl0 VIRGINIA GREBBIEN BRETT FRANKLIN General Manager JERRY A.KING CLARK IDE General Counsel LAWRENCE P.KRAEMER JR. JANICE DURANT IRVPICKLER ORANGE COUNTY WATER DISTRICT District Secretary October 23, 2002 Mr. Jeffrey Hughes City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Agreement for Groundwater Replenishment System Injection Barrier Wells and Pipeline Property Exchange with City of Huntington Beach Enclosed is a fully executed original of the referenced agreement for your files. Sincerely, anice Durant District Secretary Enclosures � c a N —i C7 tU L L✓J L� P.O.Box 8300, Fountain Valley,CA 92728-8300 10500 Ellis Avenue,Fountain Valley,CA 92708 Telephone(714)378-3200 Fax(714)378-3373 Web Page www.ocwd.com _ • AGREEMENT FOR GROUNDWATER REPLENISHMENT SYSTEM INJECTION BARRIER WELLS AND PIPELINE PROPERTY EXCHANGE WITH CITY OF HUNTINGTON BEACH THIS AGREEMENT ("AGREEMENT') is made and entered into this" day of Ta` 4 rut , 2002, by and between The ORANGE COUNTY WATER DISTRICT, hereinafter referred to as "WATER DISTRICT', and The CITY OF HUNTINGTON BEACH, a Municipal Corporation, hereinafter referred to as "CITY" RECITALS: A. WATER DISTRICT and the Orange County Sanitation District ("SANITATION DISTRICT") are planning the development of a water reclamation project called the Groundwater Replenishment System, and hereinafter referred to as "SYSTEM". The SYSTEM will produce highly purified reclaimed water for the purpose of injection and/or percolation into the groundwater basin of the Santa Ana River Basin for the protection and augmentation of the existing water supplies in the County of Orange. B. WATER DISTRICT and SANITATION DISTRICT have agreed that WATER DISTRICT will perform as Lead Agency for implementation of SYSTEM. C. CITY is a groundwater producer that will benefit from development of SYSTEM. D. As a part of SYSTEM, WATER DISTRICT proposes the construction of pipelines and wells over a CITY owned parcel of land {shown on attached - 1 - RECORD NO. to/ ocwa DOC. _ Exhibit A, entitled "BARRIER WELLHEAD FACILITIES WELL 1 AND 1A KEY PLAN"). Additionally, WATER DISTRICT proposes a potable water service connection from CITY's Adams Avenue water main near Lexington to provide a temporary source of injection water until SYSTEM product water becomes available. E. Also as a part of SYSTEM injection wells construction, WATER DISTRICT is acquiring Lot 10 (shown on attached Exhibit B, entitled "SITE LAYOUT PATTERSON LANE ABOVE GRADE"), a portion of which will be needed by CITY for Ellis Avenue improvements. F. CITY owns Lot 9 (shown on Exhibit B) over which WATER DISTRICT proposes to construct pipelines and wells as a part of SYSTEM. G. WATER DISTRICT and CITY have a mutual interest in exchanging property rights on a negotiated basis for the development of their respective projects. TERMS OF AGREEMENT 1. PURPOSE The purpose of the AGREEMENT is to establish the terms and conditions for the exchange of property rights, demolition and clearing of property. - 2 - 2. AGREEMENT COORDINATION a. WATER DISTRICT's General Manager, or an authorized designee, shall be WATER DISTRICT's representative in all matters pertaining to this AGREEMENT. b. CITY's Director of Public Works, or an authorized designee, shall be CITY's representative in all matters pertaining to this AGREEMENT. 3. WATER DISTRICT and CITY mutually agree to the following: a. WATER DISTRICT will prepare legal descriptions for easements to be granted by CITY as shown on Exhibit A. b. CITY shall prepare and record a Lot Line Adjustment revising property lines as shown on Exhibit B. Lots 9 (a) and 10 (a) will be consolidated into a single ownership of CITY. Lots 9 (b) and 10 (b) will be consolidated into a single ownership of WATER DISTRICT. c. CITY shall prepare and record documents on behalf of the WATER DISTRICT in order to dedicate portions of Lots 9(b) and 10(b) in fee simple for street improvements. d. CITY will provide WATER DISTRICT an Easement on the property owned by CITY (shown on attached Exhibit A, entitled "BARRIER WELLHEAD FACILITIES WELL 1 AND 1A KEY PLAN") free of charge in exchange for a one (1) time relocation of the GAP line that currently bisects CITY property - 3 - 0 • from its current location to the new easement as shown on attached Exhibit "A"_ The relocation of the GAP line shall not occur sooner than twenty five (25) years after full execution of this Agreement when the new WATER DISTRICT Groundwater Replenishment System fine is fully depreciated, unless mutually agreed upon by CITY and WATER DISTRICT. The GAP line relocation shall be relocated solely at CITY discretion and at no cost to CITY, should the CITY decide to lease, sell or improve the property. e. WATER DISTRICT shall not interfere, in any way, with the existing ingress/egress and on-site service roads serving the CITY owned parcel. 4. WATER DISTRICT RESPONSIBILITIES a. As a part of SYSTEM design, WATER DISTRICT'S engineers shall prepare separate plan sets for construction of West Barrier pipeline including all injection wells and Southeast Barrier pipeline and wells. b. Plans and specifications relating to West Barrier pipeline including all injection wells and Southeast Barrier pipeline and wells construction shall be submitted by WATER DISTRICT for approval by CITY prior to advertising for bids. c. Advertise for bids, award contract and complete construction of West Barrier Injection Wells including therewith construction of CITY's Ellis Avenue street improvements. d. Upon completion of West Barrier Wells construction, invoice CITY for actual costs of Ellis Avenue street improvements. - 4 - e. Prepare legal description for easement to construct Southeast Barrier pipelines and wells over CITY owned parcel of land (shown on attached Exhibit A, entitled "BARRIER WELLHEAD FACILITIES WELL 1 AND 1A KEY PLAN"). f. Pay CITY within 30 days of invoice receipt the demolition costs invoiced in accord with Paragraph 5.d. below. 5. CITY's RESPONSIBILITIES a. Prepare Lot Line Adjustment, present to WATER DISTRICT for approval, and process for recordation by the office of County Recorder. b. Grant to WATER DISTRICT the easement described in paragraph 4.e. above. c. Concurrent with preparation of Lot Line Adjustment, CITY shall prepare plans and specifications for demolition and clearing of all buildings, sheds and garages from Parcel 9 (a & b) and 10 (a & b). 1. Demolition to include any required analysis and compliance with legal requirements for hazardous substances or wastes removals. 2. "Hazardous Substances or Wastes" means any hazardous or toxic substance, material or waste, including, without limitation, petroleum products, lead paint, and asbestos, which is or becomes regulated by any local governmental authority, the State of California or the United States Government. - 5 - d. Solicit quotes, select demolition contractor, and upon relocation of existing tenants, complete demolition within six (6) months of execution of this agreement and, upon completion of demolition, invoice WATER DISTRICT for actual costs of demolition for Lot 10. e. Permit WATER DiSTRICT's construction contractor the use of Lot 9(a) and 10(a) for construction staging during the construction of West Barrier Injection Well on Lot 9(b) and 10(b), including Ellis Avenue improvements, for a period of twelve (12) months upon execution of this agreement. Any use of this property after this time shall be on a negotiated basis. a. Within 30 days of invoice receipt, pay to WATER DISTRICT the actual costs of Ellis Avenue street improvements in accord with Paragraph 4.d. above. - 6 - IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. CITY OF HUNTINGTON BEACH By: Mayor Date: 09/23/2002 By: doelcoo- City Clerk ef Date: 09/23/2002 APPROVED AS TO FORM: City Attorney �v r L60 NGE COUNTY WATER DISTRICT By: Jerry ing, P si t, Board f Directors Date: C) By: - Virgi rebbien, General Manager Date: APPROVED AS TO FORM: Clark Ide General Counsel Orange County Water District - 7 - I F 9.696.75 SF , L6 I - I I I e 1 I 1 v 2 52 SF 1J J�917 ;�:19JP1� hY,l� �����-� �Ji � !540. ' - � LEGEND y EXISTING GAP LF PIPING \\ x ABOVE GRADE E PIPING C - BELOW GRADE v�______ PIPING e ----- PROPERTY LINE f O PROPOSED MAINTENANCE EASMENT PROPOSED PERMANENT EASEMENT d H O PROPOSED ACCESS/PIPELNE EASEMENT DRAFT 30 0 60 omrdAev BARRIER WELLHEAD FACILME8 p WELL I AND IA KEY PLAN ev wlu.wmlroxrowan.adrorrr,uweulllln C•1 LEGEND 4 ABOVE GRADE PIPING BELOW GRADE N PIPING EXISTING RIGHT OF WAY IJu,I PROPOSED PROPERTY LINE V, = 30' 15 0 30 LOT LINE TO BE ADJUSTED AS SHOWN --------------- � I o' EXISTING PRIVACY I I WALL x I 11 LOT 9 LOT 10 I I m 4 3 o I 9(a) 10(a) a I F I 5Z x I I x x w g --____________________ _ E - PROPOSED- -------35-----I 27• I I I - ❑ I 1 o(b) I --- i I I ' I I of I — — —-- ---- EXISTING RIGHT OF WAY TO BE ------_-R-/-W-�------------------- -- i � -* DEDICATEtYTO CITY- - — — — — — — — — — — — — — — — —— — — -L .. _ IMPROVEMENTS TO BE— _ — - INSTALLED UNDER ANOTHER Y CONTRACT BY WATER DISTRICT. ----------------------------------- -------------------- n A Cvolndnater SITE LAYOUT PATTERSON LANE ,: ABOVE GRADE RSA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: EXECUTE OCWD AGREEMENT FOR THE GROUNDWATER REPLENISHMENT PROJECT AND THE ELLIS AVENUE WIDENING PROJECT, CC891 COUNCIL MEETING DATE: September 16, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full b the CityAttome Attached Subleases, Third Party Agreements, etc. LApproved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) -. Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial Cit Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below SpaceFor RCA Author: T. Broussard