HomeMy WebLinkAboutApplebury, James - Trustee of John Charles Applebury Trust - 1988-09-19 CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT CON1MUNICATION
HUNTINGTON BEACH
To From
Connie Brockway Douglas N. La elle
City Clerk Deputy City Ad 'nis ator
Subject APPLEBURY ACQUISITION Date July 24, 1989
(HUNTINGTON MAIN—PIER
PROJECT AREA)
Pursuant to your request, please be advised that it will not be possible to obtain all of the
signatures on the Applebury acquisition because various parties are no longer available.
Accordingly, this acquisition has closed and the property has been recorded in the name of
the Huntington Beach Redevelopment Agency.
It would now be appropriate to file the document, due to the inability of obtaining the
remaining signatures, and the fact that the acquisition ias been satisfactorily completed.
Should you have any questions regarding this item, please feel free to contact me at your
convenience.
DLB:ip
xc: Pat Spencer, Housing & Redevelopment Director
4965h
REQUEST FCC ED. &ENCY ACTICN
�pPR.O�1��17 Ii
19� RH 88-46
September 19, 1988
Honorable Chairm redevelopment Agency Members
Submitted to: L-. ),(�L6� 'S
Paul E. Cook, Chief Executive Offices �e,
Submitted by:
Douglas N. La Belle, Deputy City Administrator/Economic Developmen
Prepared by: t4
AUTHORIZE THE ACQUISITION AND APPROVAL OF CONTRAC OF 5XLE
Subject: FOR PARCEL LOCATED ON THE SOUTHSIDE OF EDINCER 'I;TWEEN
BEACH BLVD. AND PARKSIDE - APPLEBURY PARCEL APN 142-081-06
Consistent with Council Policy? [A Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On August 1, 1988 the Ag ncy authorized the preparation of an agreement for the
purchase of approxi,nately 0.41 acres within the Huntington Certer Commercial
"istrict Redevelopment Project Area. The property is owned by the Applebury family.
The owners of the property have agreed to sell the property for tile amount stated in
the contract. Staff requests the Agency's authorization to proceed with the land
purchase and the appropriation of needed funds.
RECOM'✓IENDATION:
It is recommended that the Redevelopment Agency
1.) Appropriate $666,000 from the Huntington Center Commercial District
Redevelopment Tax Allocation Bond Fund to purchase APN 142-081-06 and
P authorize the execution of Contract of Sale in the amount of $662,925.
ANALYSIS:
The property being recommended for t -hase lies within a block consisting of
fragmented ownerships and businesses (i..._, a tire distributor, a vacated pie shop, a
bank, fast food, a service station, a car mash, and auto detail shop; a day nursery and
office use).
The purchase of this site affords the Agency an opportunity to actively pursue a more
comprehensive redevelopment proposal for the entire block.
FUNDING SOURCE:
The funding source for the proposed land acquisition will be from the Huntington Center
Commercial District Redevelopment Project's Tax Allocation Bond Fund.
IF
P l 0/1/85
L
RH 88-46
September 19, 1988
Page Two
ALTERNATIVE ACTION:
An alternative action would be to not purchase the land in question. This alternative
would cause a delay in solving traffic circulation issues in the area and in bringing about
integrated development within the block.
ATTACHMENTS:
1. Map of area to be purchased.
2. Contract of Sale.
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MARCH 1962 TRACT NO. 417, M. M. 16- 47
PARCEL MAP P. M 90-4/, /04
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AGREEMENT FOR SALE OF REAL PROPERTY
BETWEEN CHARLES LEONARD APPLEBURY AND CAROL ELIZABETH
APPLEBURY, TRUSTEES UNDER DECLARATION OF TRUST,
JAMES APPLEBURY, MARY CECILE APPLEBURY ORNDORFF,
CAROL ELIZABETh APPLEBURY HEFLIN, GERTRUDE PAULINE
APPLEBURY MC CLYMONDS AND JAMES APPLEBURY, SUCCESSOR
TRUSTEE TO THE JOHN CHARLES APPLEBURY TRUST,
AND THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
This Agceement made this day of
1988, by and between THE RED?VELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, California, a municipal corporation agency
("BUYER" ) , and CHARLES LEONARD APPLEBURY AND CAROL ELIZABETH
APPLEBURY, TRUSTEES UNII]R DECLARATION OF TRUST, JAMES APPLEBURY,
MARY CECILE APPLEBURY ORNDORFF, CAROL ELIZABETH APPLEBURY HEFLIN,
GERTRUDE PAULINE APPLEBURY MCCLYMONDS AND JAMES APPLEBURY,
SUCCESSOR TRUSTEE TO THE JOHN CHARLES APPLEBURY TRUST ("SELLER" ) ,
for the purchase by BUYER of certain real property.
Whereas, SELLER is the owners, in fee, of certain real
property located in the City of Huntington Peach, California, more
fully described as:
Lots 19 and 20 in Tract 417, as shown on a map thereof
recorded in Book 16, Page 47, Miscellaneous Maps, of the
Office of the County Recorder, County of Orange, California.
Excepting therefrom the north 20 feet thereof.
BUYER desires to purchase said Property for cash and SELLER
desires to sell Property to the BUYER:
n
NOW THEREFORE, the parties agree as follows:
1 . PURCHASE PRICE. The purchase price for the real property,
is Six Hundred Sixty-Two Thousand Nine Hundred Twenty-Five and
no/100 dollars ($662,925 .00) .
2. ESCROW. BUYER and SELLER agree to execute the escrow
instructions and do all things necessary to complete said escrow
-1-
in conformance therewith as attached hereto and incorpor•ited
herein by this reference as Exhibit "A" .
3 . CONDITIONS OF CLOSING . The close of escrow is
conditioned upon:
a. Conveyance to the BUYER of good and marketable title
subject to the approval of BUYER's Attorney.
b. Delivery of California Land Title Association (CLTA)
title insurance policy in the amount of the full purchase ILice
subject only to such .liens, encumbrances, clouds or conditions as
may be approved in writing by the BUYER's Attorney.
C. Delivery of possession of said Property to BUYER or
its nominee, immediately on close of escrow, free and clear of all
uses and occupancies except as BUYER may agree in writing.
4. FAILURE OF CONDITIONS. Should any of the conditions
specified in Paragraph 3 of this Agreement fail to occur within
thirty (30) days after the date hereof, BUYER shall have the
power, exercisable by BUYER, to give written notice to the escrow
holder and to SELLER to cancel such escrow, terminate this
Agreement and recover any amounts paid to escrow holder on account
of the purchase price of said Property. The escrow holder shall
be, and is hereby, irrevocably instructed by BUYER on any such
failure of conditions and receipt of such notice from BUYER to
immediately refund to BUYER all monies and instruments deposited
by him in escrow pursuant to this Agreement at BUYER's option only.
5. PRORATIONS. Insurance, Insurance Premiums, and
Possessory Interest Tax . There shall be prorated between SELLER
and BUYER on the basis of thirty (30) day months as of 12 :00
midnight on the date of the close of escrow pursuant to this
contract:
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a. Real property taxes levied or assessed against said
Property (including any water tax or water rate levied against
sa-d Property for the furnishing of water thereto) as shown on the
.Latest available tax bills. The County of Orange by law will
refund all tax paid by SELLER covering periods subsequent to title
vesting in BUYER.
b. Premiums on insurance policies acceptable to BUYER
insuring the improvements and b,:ildings, if any, on said Property
dgainst damage or destruction by fire, theft, or the elements.
6. BONDS AND ASSESSMENTS. Any bonds or improvement
assessments which are a lien on said Property shall, on close of
escrow, be ,paid by SELLER, except those liens imposed by the City
of Huntington Beach or the Redevelopment Agency of the City of
Huntington Beach.
7. BROKER'S COMMISSIONS - ATTORNEY 'S FEES. Any and all
finder 's fees or commissions due to real estate or other brokers
and all attorney's fees as a result of this sale of said Property
shall be paid by SELLER,
8. EXPENSES OF ESCROW. The following expenses of the escrow
described in this Article shall be paid by BUYER:
a. The full cost of securing the title insurance policy
described in this Agreement.
b. The cost of preparing, executing, and acknowledging
any deeds or other instruments required to convey title to BUYER
or his nominees in the manner described in this Agreement.
C. The cost of recording a grant deed required to
convey title to said Property to BUYER or his nominees as
described in this Agreement.
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d. Any escrow fee charged by the escrow holder in
addition to the cost of the title insurance policy.
9. OWNER/S' REPRESENTATIONS, COVENANTS AND WARRANTIES. As
an express condition precedent to the Close of Escrow for BUYER's
benefit, and in addition to any other representations, covenants
and warranties contained in this Agreement, SELLER makes the
following representations and warranties, each of which is true in
all respects as of the date of this Agreement, ano shall be true
in all respects as of the closing date (as 0-fined i^ the Escrow
Instructions) :
a. Authority to Sign. This Agreement and all the
documents executed by the SELLER that are to be delivered to the
BUYER at closing are, and at the closing will be, duly authorized,
executed and delivered to the BUYER; are, and at the closing will
be, to the best of the SELLER's knowledge, suff:_cient to convey
title if they purport to do so; and do not, and at the closing
ilw not, ':o the best of SELLER's knowledge, violate any
provisions of any agreement to which the SELLER is a- party or to
which SELLER is subject, including without limitations any prior
options, purchase agreements and/or escrow instructions.
b. Existing Contracts. At the closing, there will be
no outstanding contracts made by the SELLER for any improvements
to the Property that have not been fully paid, and the SELLER
shall cause to be discharged (in such a mariner that the Title
Company will. not show the lien(s) as an exception(s) to title
under the Title Policy) , all mechanics' or materialmen 's liens
arising from any labor or materials furnished to the Property
prior to the closing.
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C. Title. SELLER has, and will convey to BUYER, good
and marketable fee simple title to the Property free and clear of
all liens, encumbrances, claims, rights, demands, easements,
.leases, licenses, agreements, covenants, conditions, and
restrictions of any kind or character (including, without limiting
the generality of the foregoing, liens or claims for taxes,
mortgages, conditional sales contracts or other title retention
agreements, deeds of trust, security agreements and pledges)
except for those exceptions to title shown in the assessor's
Parcel IJumber 1.42-081-06 Litigation Guarantee as items 3 and 4
attached hereto as Exhibit "B" dated April 20, 1988, which shall
be replaced by a title insurance as provided hereinabove during
escrow hereof. SELLER shall not encumber, modify or diminish
title to all, or any portion of or interest in, the Property
without BUYER's written consent.
d. Litigation. SELLER is not involved in, nor does
SELLER have knowledge of, any claim, proceeding or threatened
litigation, administrative or governmental proceeding or
investigation, relating to or otherwise affecting the Property or
the ability of SELLER to deliver good and marketable fee simple
title to the Property to BUYER.
e. Tenants. There are no tenants on the Property
except those approved in writing by BUYER.
f. Hazardous Waste. Neither SELLER nor, to the best of
SELLERS' knowledge, any previous owner, tenant, occupant or user
of the Property has used, generated, released, discharged, stored
or disposed of any hazardous waste, toxic substances or related
materials ("Hazardous Materials" ) on, under, in or about the
Property, or transported any Hazardous Materials to or from the
Property. SELLER shall not cause or permit the presence, use,
generation, release, discharge, storage or disposal of any
Hazardous Materials on, under, in or about, or the transportation
of any Hazardous Materials to or from, the Property. The term
"Hazardous Material" shall mean any substance, material, or waste
which is or becom regulated by any local governmental authority,
the State of California, or the United States Government,
including, but not limited to, any material or substance which is
(i) defined as a "hazardous waste, " "extremely hazardous waste" or
"restricted hazardous waste" under Sections 25.115, 25117 or
25122.7, or listed pursuant to Section 25140 of the California
Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law) , (ii) defined as a "hazardous substance" under
Section 25316 of the California Health and Safety Code, Division
20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance
Account Act) , (iii) defined as a "hazardous material," "hazardous
substance" or "hazardous waste" under Section 25501 ,of the
California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory) , (iv)
defined as a "hazardous substance" under Section 25281 of the
California Health and Safety Code, Division 20,, Chapter 6.7
(Underground Storage of Hazardous Substances) , (v) petroleum,
(vi) asbestos, (vii) polychlorinated bypheny.ls, (viii) listed
under Article 9 or defined as "hazardous" or "extremely hazardous"
pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as a
"hazardous substance" pursuant to Section 311 of the Clean Water
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Act, (33 U.S.C. §1317) , (x) defined as a "hazardous waste"
pursuant to Section 1004 of the Resource Conservation and Recovery
Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) , or (xi) defined as
a "hazardous substance" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, and Liability
Act, 42 . U.S.C. §6901 et seq. (42 U.S.C. §9601) .
g. Compliance with Environmental Laws. The Property
and its intended use complies with all applicable .lass and
governmental regulations including, without .limitation, a-L'
applicable federal, state and .local .laws pertaining to air and
water quality, hazardous waste, waste disposal and other
environmental .matters, including, but not limited to, the Clean
Water, Clean Air, Federal Water Pullution Control, Solid Waste
Disposal, Resource Conservation Recovery and Comprehensive
Environmental. Response Compensation and Liability Acts, and the
California Environmental Quality Act, and the rules, regulations
and ordinances of the City of Huntington Beach, the California
Department of Health Services, the Regional Water Quality Control
Board, the State Water Resources Control Board, the Environmental
Protection Agency and all applicable federal, state and local
agencies and bureaus,
h, Indemnity. SELLER shall indemnify, defend and hold
BUYER harmless from and against any claim, action, suit,
proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage or expense (including, without
limitation, attorneys ' fees) , resulting from, arising out of, or
based upon (i) the presence, release, use, generation, discharge,
storage or disposal of any Hazardous Materials on, under, in or
-7-
ACT
about, or the transr� :catiin of any such materials to or from, the
Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment or
.license relating to the use, generation, release, discharge,
storage, disposal or transportation of Hazardous ,Materials on,
under, in or about, to or from, the Property , This indemnity
shall include, without limitation, any damage ,, '.liability, fine,
penalty, punitive damage, cost or expense arising from or out of
any claim, action, suit or proceeding for personal injury
(including sickness, disease or death) , tangible or intangible
property damage, compensation for lost wages, business income,
profits or other economic loss, damage to the natural resources or
the environment, nuisance, pollution, contamination, leak, spill,
release or other adverse effect on the environment.
10 . ATTORNEY 'S FEES. In t'je event of any controversy, claim
or dispute arising out of or relating to this Agreement or the
escrow or any breach of either, the prevailing party shall be
entitled to attorney's fees.
li. THREAT OF CONDEMNATION. The parties agree that the
Property being conveyed is under threat of condemnation by the
BUYER. BUYER agrees to supply SELLER with a letter evidencing its
intention to condemn.
12. NOTICES. Any and all notices or other communications
required or permitted by this Contract or by law to be served on
or given to either party hereto, BUYER or SELLER, by the other
party hereto, or by the escrow holder shall be in writing and
shall be deemed duly served and given when personally delivered to
i
any of the parties, BUYER or SELLER, to whom it is directed, or
S
in .lieu of such personal service when deposited in the United
States mail, first-class postage prepaid, addressed to the parties
at the addresses shown below. SELLER may change his address for
the purposes of this section by giving written notice of such
change to the BUYER a.n the manner provided in this section.
Address: (SELLER) Address: (BUYER)
Charles Leonard Applebury and Redevelopment Agency of the
Carol Elizabeth Applebury City of Huntington Beach
P.O. Box 56 c/o Office of the City Attorney
Westminster, CA 92683 of the City of Huntington Beach
P.O. Box 2740
James Applebury Huntington Beach, CA 92647
9032 Bestel
Garden Grove, CA 92802
Mary Cecile Applebury Orndorff
F
1878 Gail Lane
Anaheim, CA 92802
Carol Elizabeth Applebury Heflin
5451 Las Lomas
Long Beach, CA 90815
Gertrude Pauline Applebury McClymonds
978 Venus Way
Livermore, CA 94550
REST OF PAGE NOT USED
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13. ENTIRE ACREEMENT. This instrument contains the entire
agreement between BUYER and SELLER respecting said Property, and
any agreement or representation respecting said Property or the
duties of either BUYER or SELLER in relation thereto not expressly
set forth in this 'nstrument is null and voic
EXECUTED on , 1988, at Orange County,
California,
SELLER: BUYER:
The REDEVELOPMENT AGENCY OF THE
CHARLES LEONARD APPLEBURY, TRUSTEE CITY OF HUNTINGTON BEACH, a
municipal corporation of the
State of California
CAROL ELIZABETH APPLEBURY, TRUSTEE
Chairman
JAMES APPLEBURY
MARY CECILE APPLEBURY ORNDORFF
CAROL ELIZABETH APPLEBURY HEFLIN
GERTRUDE PAYLINE APPLEBURY MC CLYMONDS
JAMES APPLEBURY, SUCCESSOR TRUSTEE
TO THE JOHN CHARLES APPLEBURY TRUST
ATTEST: APPR D AS TO ORM:
C-
City Clerk Agen At orney
REV D D APP VE INI IA D AMPEDC
ity Admani:strator Depu City Administrator/
Dire or, Community Development
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FORM - AAA3
OWNER/OIL/F&E
PARCEL NO: 142-081-06
TITLE REPORT NO: OR-1494807
PROJECT: HUNTINGTON CENTER REDEVELOPMENT PROJECT AREA
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this A) / day of L561ef 198 5 , by and
between the Redevelopoment Agency of the City of Huni` ngt n Beach (hereinafter
called "Buyer"), and the undersigned owner(s) (hereinafter called "Seller") for
acquisition by Buyer of certain real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the term:a and for the consideration set forth
in this agreement, all that certain real property (hereinafter called "Property")
situated in the City of Huntington Beach, County of Orange, State of California,
and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Excepting and reserving all oil, hydrocarbon substances and minerals of every kind
and character lying more than 500 feet below the surface of said land, together
with the right to drill into, through, and to use and occupy all parts of said land
lying more than 500 feet below the surface thereof for any and all purposes
incidental to the exploration for and production of oil, gas, hydrocarbon
substances or minerals from said or other lands but without, however, any right to
use either the surface of said land or any portion of said land within 500 feet of
the surface for any purpose or purposes whatsoever.
It is understood and agreed that the real property conveyed shall include all
Improvements Pertaining to Realty (fixtures and equipment) owned or claimed by
Seller which are, either generally or for purposes of this transaction, a part of
the above described realty, specifically including but not limited to the items
contained in the list of "Improvements Pertaining to Realty" attached hereto as
Exhibit 'B" and incorporated herein as part of this Agreement.
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow,
shall be the sum of:
SIX fIIJNDRM SDay B0 1f r_AND NINE MUM B+IE a FIVE AND 10/100............DOUARS ($662,925.00)
3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer
marketable fee simple title to the Property, including Improvements Pertaining to
Realty, free and clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases and taxes EXCEPT:
A. Taxes: FISCAL YEAR 1988-89, a lien not yet due or payable.
B. Quasi--public utility, public alley, public street easements and rights of way
of record.
C. Items numbered 3 & 4 of the above numbered title report issued
by First American. Title Company dated APRIL 20, 1988
D. s
4. =fLE INSURANCE POLICY. Escrow Agent shall, following recording of deed to
Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the
amount of $662,925.00, issued by First American Title Company, showing the title to
the property vested in Buyer, subject only to the exceptions set forth in Paragraph
3 xtx ��cxxYUKxx
t
5, ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at
First American Title Company, Santa Ana, California . This Agreement constitutes
the joint, escrow instructions of Buyer and Seller, and Escrow Agent to whom these c
instructions are delivered is Hereby empowered to act under this Agreement. The
parties hereto agree to do all acts necessary to close this escrow in the shortest
possible time.
Page 1 of 5
Exhibit "A"
AAA3
PAGE 2 OF 5
Seller has executed and handed a deed to Buyer, concurrently with this Agreement.
As soon as possible after opening of escrow, Buyer will deposit the executed deed,
with Certificate of Acceptance attached, w`_th Escrow Agent on Seller's behalf.
Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and
Seller agree to deposit with Escrow Agent any additional instruments as may be
necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller will
cancel his own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a
general escrow account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of 6alifornia.
All disbursements shall be made by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX
ADJUSTMENT PROCEDTTRE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or
bonds against the property;
B. Escrow is not to be concerned with proration Seller's taxes for the current
fiscal year if this escrow closes between July 1 and November 1 unless current
tax information is available from title insurer. In the event said tax
information is available, Seller's taxes shall be prorated in accordance with
Paragraph C below. From July 1 and ensuing period, when tax information is
not available, Seller's prorata portion of taxes due to close of escrow, shall
be cleared and paid by Seller, outside escrow, pursuant to provisions of
Section 5082 through 5090 of the Revenue and Taxation Code of. the State of
California;
C. From the date that tax information is available, as per Paragraph B abovD, up
to and including June 30th, Seller's current taxes, if unpaid, shall be
prorated to date of close of escrow on the basis of a 365 day year in
accordance with Tax Collector';s proration requirements, together with
penalties and interest if said current taxes are unpaid after December 10
sand/or April 10. At close of escrow, check payable to the County Tax
Collector for Seller's prorata portion of taxes shall be forwarded to Buyer
with closing st,.itement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between Buyer and Seller, but Seller shall have the sole
right, after close of escrow, to apply to the County Tax Collector of said
county for refund. This refund would apply to the period after Buyer's
acquisition, pursuant to Revenue and Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller for any amount necessary to place title in the condition
necessary to satisfy Paragraph 3 of this Agreement;
F. Pay and charge Buyer and Seller for any escrow fees, charges and costs payable
under Paragraph 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer end Seller.
H. If requested in writing by separate document by Buyer: Publish Notice to
Creditors pursuant to the Bulk Sales Law of the State of California and
procure a report from the Secretary of State's Office as to filing of security
interest as co only those items of Improvements Pertaining to Realty shown on
the last of same attached hereto as Exhibit "B", on thI following:
The term "close of escrow", if and where written in these instructions, shall mean
the date necessary instruments of conveyance are recorded in the office of the
County Recorder. Recordation of instruments delivered through this escrow is
authorized if necessary or proper in the issuance of said policy of title
insurance.
F
5
limits within which any matter herein specified is to be performed may be
by mutual agreement of the parties hereto. Any amendment of, or
t to, any instructions must be in writing.
OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS
POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer
upon demand of Escrow Agent before close of escrow) this escrow is not in condition
to close within 30 days from date of these instructions, any party who then shall
have fully complied with his instructions may, in writing, demand the return of his
money or property; but if none have complied no demand for return thereof shall be
recognized until five (5) days after Escrow Agent shall have mailed copies of such
demand to all other parties at the respective addresses shown in these escrow
instructions, and if any objections are raised within said five (5) day period,
Escrow Agent is authorized to hold all papers and documents until instructed by a
court of competent jurisdiction or mutual instructions. If no demands are made,
proceed with closing of this escrow as soon as possible.
Responsibility for Escrow Agent under this Agreement is expressly limited to
Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 15, and to its liability under any
policy of title insurance issued in regard to this transaction.
6. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Sellers
usual fees, charges and costs which arise in this escrow.
7. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current
and correct statement of rentals on form furnished to Seller and deliver same to
Buyer within fifteen (15) days hereof with copies of any written leases or rental
agreements attached. All rents will be prorated as of the close of escrow on the
basis of a 30-day month consistent with that Statement, subject to approval of
Buyer. Seller hereby agrees not to rent any units on the premises which are now
vacant, or which may be vacated by present occupants prior to close of escrow.
Seller hereby warrants that the rental statement referred to shall include the
terms of all rental agreements, tenancies and leases (written, unwritten, recorded
or unrecorded) agrees to hold Buyer harmless from all liability from any such
leases or agreements. Seller also warrants that there are no oral or written
leases on all or any portion of property exceeding a period of one month, and
Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of
its losses and expenses occasioned by reason of any lease of said property held by
any tenant of Seller for a period exceeding one month, except: None
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times
prior to close of escrow for the purpose of making necessary or appropriate
inspections.
9. COUNTERPARTS. This agreement may be executed in counterparts, eacla of which
so executed shall, irrespective of the date of its execution and delivery, be
deemed an original, and all such counterparts together shall constitute one and the
same instrument.
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of
Sellers's statement to Buyer and to John Cutler and Associates, 3711 Long Beach
Blvd., Suite 1016, Long Beach, California 90807-3315; purpose being to ascertain if
any reimbursements are due Seller.
11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any
improvements thereon, by fire or other casualty, occurring prior to the recordation
of the Deed shall be at the risk of Seller. In the event that loss or damage to
the real property or any improvements thereon, by fire or other casualty, occurs
prior to the recordation of the Deed, Buyer may elect to require that the Seller
pay to Buyer the proceeds of any insurance which may become payable to Seller by
reason thereof, or to permit such proceeds to be used for the restoration of the
damage done, or to reduce the total price by an amount equal to the diminution in
value of said property by reason of such loss or damage or the amount of insurance
payable to Seller, whichever is greater.
F
"i
AAA3
PAGE 4 OF 5
12. afINENT DOMAIN DISMISSAL. Buyer and Seller acknowledge that this agreement is
the result of a negotiated settlement in lieL of condemnation, and that Seller
hereby agrees and consents to the dismissal or abandonment of any eminent domain
action in the Superior Court of the State of California in and for the County of
Orange wherein the herein described property is included and also waives any and
all claims to any money or: deposit in said action and further waives all attorney's
fees, costs, disbursements and expenses incurred in connection therewith.
13. POSSESSION AND DISPOSITION OF SELLER'S FURNITURE. Possession of real property
shall be given to Buyer upon the recording of Seller's deed. All Seller's
furniture and furnishings that are not included in the list of Improvements
Pertaining to the Realty shown on Exhibit "B" attached hereto shall remain the
property of Seller and Seller shall have the right at any time to remove or
otherwise dispose of all or any portion of same, provided that all tenants
occupying the premises at the time Seller's deed is recorded shall be entitled to
continue to use the furniture and furnishings then being used by them until they
vacate each of their respective apartments or living spaces, and provided that
within ten (10) days after notice from Buyer that the premises have been vacated,
Seller will remove or otherwise dispose of all such furniture and furnishings. All
furniture and furnishings remaining on the premises after ten (10) days shall
become the property of Buyer and Buyer may di-pose of same without liability as it
alone s::es fit. Buyer shall not be liable for any loss of or damage to said
furniture or furnishings, regardless of when such loss or damage occurs.
14. CERTIFICATION OF OWNERSHIP. Seller hereby warrants and certifies under
penalty of perjury that he is the owner of the subject Improvements Pertaining to
the Realty and that no document has been signed by or on behalf of Seller for the
purpose of creating any lien, encumbrance or security interest in any of the items
of improvements pertaining to the realty included in this agreement, and that the
Seller does not know of any claim of lien, encumbrance or other security interest
therein, EXCEPT: a) Trust Deeds on the real property, duly recorded; b) Realty and
personal property taxes; c) Street and utility easements of record.
15. BULK SALE. In order to establish proof of clear title to the Improvements
pertaining to the Realty shown on Exhibit "B", Buyer may publish Notice to
Creditors pursuant to the Bulk Sales Law of the State of California and procure a
report from the Secretary of State's Office as to filings of security interest
covering only those certain items Improvements Pertaining to the Realty as set
forth in Exhibit "B" attached hereto in the name of the Seller.
16. CONFLICTING INTERESTS. In event any conflicting claim of title or any
security interest or lien of any kind shall be discovered or asserted as to any
item of Improvement Pertaining to the Realty listed in Exhibit "B", attached
hereto, Buyer shall, upon receiving notice or knowledge thereof, withhold such an
amount otherwise distributable to Seller as is reasonably necessary, in the sole
opinion of Buyer, to protect Buyer against such claim of interest or lien. The
withholding of such funds shall not prevent closing of this transaction if the
total funds to be withheld from Seller does not exceed the net amount to be paid to
Seller through this transaction. Buyer will not pay out the fund withheld or
disburse any withheld funds to any claimant or other party (except upon court order
or levy) without the consent of Seller from who such funds are withheld.
A general creditor's claim shall not be deemed to be a claim against any specific
item of Improvements Pertaining to the Realty, and Seller hereby agrees to accept
all responsibility therefore.
17. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's Knowledge, any
previous owner, tenant, occupant or user of the Property used, generated, released,
discharged, stored or disposed of any hazardous waste, toxic substances or related
materials ("Hazardous Materials") on, under, in or about the; Property, or
transported any Hazardous Materials to or from the Property. Seller shall not
cause or permit the presence, use generation, release, discharge, storage or
disposal of any Hazardous Materials on, under, in or about, or the transportation
of any Hazardous Materials to or from, the Property. The term "Hazardous Material"
shall mean any substance, material, or waste which is or becomes regulated by any
local governmental authority, the State of California, or the United States
Government, including, but not limited to, any material or substance which is (i)
defined as a "hazardous waste," "extremely hazardous waste" or "restricted
L25316
ous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
n 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
dous Waste Control Law), (ii) defined as "hazardous substance" under Section
of the California Health and Safety Code, Division 20, Chapter 6.8
Eno
AAA3
PAGE 5 OF 5
(Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a
"hazardous material," hazardous substance" or "hazardous waste" under Section 25501
of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Materials Release Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" udder Section 25281 of the California Health and Safety Code,
Division 4200, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under
Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 7'
of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
designated as a "hazardous substances" pursuant to Section 311 of the Clean Water
Act, ( 33 U.S.C, S1317), (x) defined as a "hazardous waste" pursuant to Section
1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sag. (42
U„S'.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101
of the Comprehensive Environmental Response, Compensation, and Liability Act, 42.
U.S.C. S6901 et sec . (42 U.S.C. S9601).
18. FULL AND COMPLETE SETTLEMENT, Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement
of any and all claims against Buyer, by reason of Buyer's acquisit-lon of the
property and any dislocation of Seller from same, specifically inclurtga,, but not
limited to, any and all rights to participation in the redevelopment o_ %roperty in
the Redevelopment Project Area, the value of improvements pertaining to the realty,
relocation benefits, leasehold improvements, any and all claims for rental or
leas0old value, loss of business goodwill, if any and all claims in inverse
condemnation and for precondemnation damages, and any and all other claim that
Seller may have, whether or not specifically mentioned here, relating directly or
indirectly to the acquisition by Buyer of this subject property, however Seller and
Buyer, and each and all of their individual collective agents' representatives,
attorneys, principals, predecessors, successors, assigns, administrators,
executors, heirs, and beneficiaries, hereby release the other party, and each of
them f;.-om any and all obligations, liabilities, claims, costs, expenses, demands
debts, controversies, damages, causes of action, including without limitations
those relating to just compensation, damages, relocation assistance, which any of
them now have, or might hereafter have by reason of any matter or thing arising out
or in any way relating to any condemnation action affecting the subject property.
The terms and conditions, covenants, and agreements set forth herein shall apply to
and bind the heirs, executors, administrators, assigns and successors of the
parties hereto.
This Agreement contains the entire agreement between both parties, neither party
relies upon any warranty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed th:'s Agreement the day and
year yet forth hereinabove.
MAILING ADDRESS OF SELLER SELLER
P.O. BOX 56
IM
WESTMINSTER, CA 92683 PLEBYRY -nnl/
MARY CECILE APPLEBURY'ORNDERFF 61
CAROL ELIZABETH APPLEBURY HEFLIN
G RTRUDE P ULINE APPLEBURY McCLYMONDS
J
fES APP UR -UCCE RUSTEE TO
THE JOHN CI•IARLE APPLEBU TRUST
MAILING ADDRESS OF BUYER BUYER REDEVELOPMENT AGENCY OF THE CITY
OF EACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648 _
LEGAL DESCRIPTION
LOTS 19 AND 20 IN TRACT 417, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16,
PAGE 47, MISCELLANEOUS TEMPS, RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE NORTH 20 FEET THEREOF.
EXHIBIT "A"
APPLEBURY PROPERTY
MARIE CALLENDERS PIES,
7880 Edinger
Huntington Beach, CA
IMPROVEMENTS PERTAINING TO THE REALTY
VALUE SALVAGE
QUANTITY IN PLACE VALUE
EQUIPMENT
SEATING BOOTHS, 6 650.00 200.00
2—single sided, vinyl
upholstery, tufted and
studded,
3—Double sided, as previous,
with leaded bevelled edge
glass partitions, oak wood
frame, 46"x23".
TABLES, wood, 28"x48", wall 5 100.00 25.00
mounted
Attached
LAMPS, hanging, glass crystals, 9 180.00 45.00
metal and glass shade, chain
hung
(1 glass shade missing).
BOOTH SEAT (SPARE), vinyl 1 10.00 5.00
upholstered
SALAD BAR, wood formica cabinet 1 100.00 10.00
base, metal top ice basin, 4
doors eched glass sneeze guard,
78"x30", built—in
(Attached)
AS PREVIOUS, 78"x24" 1 100.00 10.00
(Attached) '
COUNTER, wood, formica, 1 150.00 25.00
8'x2'x37" high with cash
drawers, 2 wells, 2 shelves
COFFEE SHOP COUNTER, wood, 1 250.00 40.00
formica clad, 13'3"x2130"
high, with 2 formica shelves
BACK -BAR COUNTER UNIT, "L" ]. 750.00 250.00
shape, 21'9"x3l" high and
8'6"x30", 14 door, 1 sink,
stainless steel, 2 tray well
holders, 4 tier each, ice bin
with drain, water station well
with ice cream freezer, 32"x21"x35"
double hole, Kelvinator, electricals,
3 receptacles, 220 and 110 volt
Built In
Attached
PASS THROUGH STAINLESS STEEL, 51"x18" 1 40.00 5.00
with 2 overhead heat lamps 150 watts
each, builtin, canopy.wood
Attached
BAR STOOLS, wood, swivel, vinyl 6 120.00 35.00
upholstery seats,, set in floor
Attached
EXHIBIT "B"
APPLEBURY PROPERTY
PAGE 2
VALUE SALVAGE
QUANTITY IN PLACE VALUE
EQUIPMENT
CONTINUED
EXHAUST HOOD, ceiling mounted 2 400.00 100.00
stainless steel, to include
1-101x41"x19",high,
2 lights, vapor proof
1-57"x35"xl9", no lights.
Attached
EXHAUST HOOD, stainless steel, 1 150.00 30.00
54"x48"x26" high
Attached
ICIDDE FIRE EXTINGUISHER SYSTEM, 1 400.00 20.00
_ Sentinel control, piping
fittings, fire sprinkler heads,
dry chemical system
Attached
REFRIGERATOR, Traulsen 11 1,500.00 250.00
stainless steel, 2 glass doors,
68"x36"x75 1/2" high, roll-in
floor entry, handles missing.
including remote compressor
CONDENSER COILS, diffusers, 2 1,500.00 200.00
Bohn, single fan each, mdl #
1200EL-2, ser. #415049, ser #
390943, with piping.
Installed
Attached
WALK-IN COOLER DOORS, metal 2 500.00 60.00
clad 37 1/2"08"x3 3/4" with
furniture
Attached
WALL MIRROR, wood framed, 1 40.00 5.00
24"x54"
Attached
TELEPHONE BOOTHS, wall mounted 2 40.00 10.00
wood formica clad
Attached
COUNTER "L" SHAPED, built-in, 1 100.00 10.00
wood formica clad, 88"x24"x
36"x24"
(Attached)
WALL SHELF UNIT, wood, 2 and 3 tier 1 20.00 0.00
"U" shape, 16'x314"xl5"
Attached
ROOF AREA
REMOTE COMPF_;SSOR UNITS, Tecumseh, 2 1,500.00 300.00
IM E505S, 5 h.p. motor, Fairbanks F
Morse
i
Attached
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I
APPLEBURY PROPERTY
PAGE 3
VALUE SALVAGE
QUANTITY IN PLACE VALUE
ROOF AREA
CONTINUED
RUSSEL COIL COMPANY, condenser 1 1,500.00 250.00
coil unit, doable fan, mdl #
RACC R, ser # 2287
Attached
REMOTE COMPRESSOR, make unknown 1 750.00 150.00
double fan, estimated 2 h.p.
Installed
Attached
EXHAUST FAN UNITS, for hoods, 2 700.00 200.00
1/3 h.p. Donaldson, mdl #
EDLS-I5-B, ser.#8421/ser
#8420, galvanized metal enclosure
Installed
Attached
ROOF EXHAUST UNIT, squirrel cage ? 300.00 100.OG
blower, 5"xl4", 1/5 h.p. Dayton
motor, with 23"x23"30" plenum box
Installed
Attached
AS PREVIOUS, 18"x30" squirrel cage 1 325.00 100.00
blower ductwork to hood, estimated
2-3 h.p.
Installed.
Attached
REMOTE COMPRESSOR UNIT, Copeland, 1 750.00 1.50.00
Unit, mdl.# ser.#FPAM-0051-lAA-002,
with galvanized metal box enclosure
Installed
Attached
TOTAL IMPROVEMENTS PERTAINING $12,925.00 $2,585.00
TO THE REALTY --
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LITIGATION GUARANTEE OR-1494807
•(CLTA - REV. 5-3-73)
L I T I G A T I O N G U A R A Yv T E E
LIABILITY $5,000.00
FEE $125.00 YOUR REF: 142-081-06 7880 EDINGER
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND
OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED
AND MADE A PART OF THIS GUARANTEE.
FIRST AMERICAN TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
THE CITY OF HUNTINGTON BEACH
HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY
AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY
INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT,
ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW,
1. THE TITLE TO THE HEREIN DESCRIBED ESTATE OR INTEREST WAS
VESTED IN THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS
EXCEPTIONS HEREIN WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN
IN THE ORDER OF THEIR PRIORITY;
2. THE NECESSARY PARTIES DEFENDANT IN AN ACTION TO CONDEMN LAND
ARE AS HEREIN STATED.
DATED: APRIL 20, 1988 AT 7:30 A.M.
FIRST AMERICAN TITLE INSURANCE COMPANY
BY D. P. KENNEDY PRESIDENT
BY
DEVIN L. BAKER - ASSISTANT SECRETARY
Exhibit "B"
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AM £R�C
LITIGATION GUARANTEE OR-1494807
(CLTA - REV. 5-3-73)
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CHARDS LEONARD APPLEBURY AND CAROL ELIZABETH APPLEBURY, TRUSTEES
UNDER DECLARATION OF TRUST ESTABLISHED FESRUI-RY 27, 1967 BY CHARLES
LEONARD APPLEBURY AND CAROL ELIZABETH APPLEBURY, TRUSTEES.
AN APPARENT ATTEMPT HAS BEEN MADE TO DISSOLVE THE TRUST AS EVIDENCED
BY THE FOLLOWING DEEDS RESPECTIVELY ALL DATED MARRCH 7, 1988 AND
RESPECTIVELY ALL RECORDED MARCH 22, 1988 AS DOCUMENTS NOS. 88-129204,
88-129205, 88-129206 AND 88-129207 IN OFFICIAL RECORDS.
JAMES APPLEBURY AS TO AN UNDIVIDED 1/9TH INTEREST, MARY CECILE
APPL,�BURY ORNDERFF AS TO ART UNDIVIDED 1/9TH INTEREST, CAROL ELIZABETH
APPLEBURY HEFLIN AS TO AN UNDIVIDED 1/3 INTEREST AND GERTRUDE PAULINE
APPLEBURY MC CLYMONDS AS TO AN UNDTVIDED 1/3 INTEREST.
THE INTEREST IF ANY OF SANWA BANK CALIFORNIA, TRUSTEEE UNDER THE
TRUST AGREEMENT DATED FEBRUARY 27, 1967 AS AMENDED FEBRUARY 8, 1983
GRANTOR IN EACH OF THE ABOVE GRANT DEEDS IS NOT DISCLOSED BY
INSTRUMENTS IMPARTING CONSTRUCTION NOTICE.
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS GUARANTEE IS:
A FEE.
EXCEPTIONS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1988-1989, A LIEN
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURS(TANT TO CHitPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED
IN BOOK 480, PAGE 103 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A
VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE I.-TEN OF MANY
MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT
DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR
NATIONAL ORIGIN.
PAGE 2
S
� A MERlc
4 R
LITIGATION GUARANTEE OR-1454807
(CLTA — REV. 5-3-73)
4. AN UNRECORDED LEASE DATED FEBRUARY 28, 1967, EXECUTED BY CHARLES
L. APPLEBURY AND CAROL APPLEBURY AS LESSOR, AND MARIE CALLENDER PIE
SHOPS, INC. , A CALIFORNIA CORPORATION AS LESSEE, FOR THE TERM, AND
UPON THE TERMS, COVENANTS AND CONDITIONS PROVIDED, AS DISCLOSED BY
"ASSIGNMENT OF LEASE" RECORDED IN BOOK 8477, PAGE 434 OF OFFICIAL
RECORDS.
VARIOUS INSTRUMENTS APPEAR OF RECORD AFFECTING OR PURPORTING TO
AFFECT THE INTEREST OF THE LESSORS AND LESSEES UNDER SAID LEASE, BUT
THIS GUARANTEE DOES NOT COVER AN EXAMINATION OF OR INSURANCE AS TO
THE EFFECT THEREOF, OR THE PRESENT OWNERSHIP OR CONDITIONS OF SAID
LEASEHOLD.
5. ANY RESTRICTIONS COVERING THE FUTURE USE OF SAID LAND, AS
DISCLOSED BY A "STATEMENT FOR A REDEVELOPMENT PROJECT", RECORDED AS
INSTRUMENT NO. 84-494382 OF OFFICIAL RECORDS, COVERING THE HEREIN
DESCRIBED AND OTHER LAND.
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PAGE 3 F
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4
k
LITIGATION GUARANTEE OR-1494807
(CLTA — REV. 5-3-73)
SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM! OR INTEREST
BY REASONS OF MATTERS SHOWN IN EXCEPT-ONS NUMBERED 1 TO 3 AND 5) TO
BE MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT BY THE CITY OF
HUNTINGTON BEACH, AS PLAINTIFF, ARE AS FOLLOWS:
CHARLES LEONARD APPLEBURY AND
CAROL APPLEBURY, AS TRUSTEES
P.O. BOX 56
WESTMINSTER, CA 92683
JAMES APPLEBURY
9032 BESTEL
GARDEN GROVE, CA 92802
MAI'Y CECILE APPLEBURY ORNDORFF
s 1878 GAIL LANE
ANAHEIM, CA 92802
CAROL ELIZABETH APPLEBURY HEFLIN
5451 LAS LOMAS
LONG BEACH, CA 90815
GERTRUDE PAULINE APPLEBURY MC CLYMONDS
978 VENUS WAY
LIVERMORE, CA. 94550
SANWA BANK CALIFORNIA
1622 NORTH MAIN STREET
SANTA ANA, CALIFORNIA
MARIE CALLENDER PIE SHOPS, INC.
7880 EDINGER AVE.
HUNTINGTON BEACH, CA
DESCRIPTION
THE Ll-NND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS
DESCRIBED AS FOLLOWS:
LOTS 19 AND 20 IN TRACT 417, AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 16, PAGE 47,MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE NORTH 20 FEET THEREOF.
PAGE 4
C
LITIGATION GUARANTEE OR-1494807
(CLTA — REV. 5-3-73)
EXCEPTIWG THEREFROM ALL WATER AND/OR WATER RIGHTS APPURTENANT TO
AND/OR CONNECTED WITH AN/OR UNDER SAID LAND, AS SET FORTH IN AN
INSTRUMENT TO BOULEVARD GARDENS WATER COMPANY RECORDED JUNE 2, 1926
IN BOOK 652, PAGE 253, DEEDS.
DLB o PW
PAGE 5
S
10 7-78 �— /„ 142=08 /
STARK
i \ A+44tF
8EAC.1l ( YUHT11V610)V BCACH1 BLVD.
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P:� vJ , •. Q � ` � � �_ 27 R z � 4 J 2JQ •
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>g 0/_1!+ a ' PAR/ PAR 7 t �]8 61 +.,. {$ 1 94 97
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PARKS(OE k ; LAhIE'
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NOTE-ASSESSORS BLOCK 8 ASSESSOR'S MAP
MARCH 1962 TRACT NO. 417, M. M 16-47 PARCEL NUMBERS 80OK142 PAGE 08
PARCEL MAP P. M. 90-44 104-44 SHOWN/N CIRCLES COUNTY OF ORANGE
- , — '+E+t: l,llMIMIiy
.•o tw;011tj and is Not a Purl of Thug True L
GUA TEE CONDITICINS. AND STIPULATI
11
1. Definition of Terms in loss to the Assured within the coverage of this Guarantee,or to
The following terms when used in this Guarantee mean: pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage,the Company shall
(a) "land": The land described, specifically or by reference, in have the option to purchase the indebtedness secured by said
this Guarantee and improvements affixed thereto which by law mortgage. Such ptiretiase, payment or tender of payment of the
constitute real property; fill amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has been
(b)"public records": those records which impart constructive notice given to the Company by the Assured the Company offers to
of matters relating to said land; purchase said indebtedness, the owner of such indebtedness shall
transfer and assign said indebtedness and the mortgage securing
(c) "date": the effective date; the same to the Company upon payment of the purchase price.
(d) "the Assured": the party or parties named as the Assured in
this Guarantee, or in it supplemental writing executed by the 6. Limitation of Liability—Payment of Loss
Company; (a) The liability of the Company trader this Guarantee shall be
limited to the amount of actual loss sustained by the Assured
(e) "mortgage": mortgage, deed of trust, trust deed, or other because of reliance upon the assurances herein set forth, but in
security instrument. no event shall such liability exceed the amount of the liability
stated on the face page hereof.
2. Exclusions from Coverage of This Guarantee (b)The Company will pay all costs imposed upon the Assured in
The Company assumes no liability for loss or damage by reason litigation carried on by the Company for the Assured, and all
of the following: costs and attorneys fees in litigation carried on by the Assured
(a)Taxes or assessments which are not shown as existing liens by with the written authorization of the Company.
the records of any taxing authority that levies taxes or assessments (c) No claim for damages shall arise or be maintainable under
on real property or by the public records. this Guarantee (1) if the Company after having received notice
of an alleged defect,lien or encumbrance not shown as an Exeep-
(b) Unpatented mining claims; reservations or exceptions in pat- tion or excluded herein removes such defect, lien or encumbrance
ents or in Acts authorizing the issuance thereof; water rights, within it reasonable time after receipt of such notice, or (2) for
claims or title to water. liability voluntarily assumed by the Assured in settling any claim
(c) Title to any property beyond the lines of the land expressly or suit without written consent of the Company.
described in the description set forth in this Guarantee, or title (d) All payments under this Guarantee, except for attorney's fees
to streets,roads,avenues,lanes,ways or waterways on which such as provided for in paragraph G(b)hereof, shall reduce the amount
land abuts, or the right to maintain therein vaults, tunnels, ramps of the liability hereunder pro tanlo, and no payment shall be
or any other structure or improvement; or any rights or easements made without producing this Guarantee for indorsement of such j
therein unless such property, rights or casements are expressly payment unless the Guarantee be lost or destroyed, in which case i
and specifically set forth in said description. pproof of such loss or destruction shall be furnished to the satis-
(d) Defects, liens, encumbrances, adverse claims against the title
flction of the Company.
as guaranteed or other matters (1) created, suffered, assumed or (e)When liability has been definitely fixed in accordance with the
agreed to by one or more of the Assured; or (2) resulting in no conditions of this Guarantee, the loss or damage shall be payable
loss to the Assured, within thirty clays thereafter.
3. Prosecution of Actions 7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this
(a)The Company shall have the proceeding
at its own cost to institute Guarantee, all right of subrogation shall vest in the Company
and prosecute any retie.ce proceeding or le any other act which unaffected by any act of the Assured, and it shall be subro ated
in its opinion may be necessary or desirable to establish or con- g
firm the matters herein g ara to eed; and the Company may take to and be entitled to all rights and remedies which the Assured
any appropriate action under the terms of this Guarantee whether would have had against any person or propert in respect to such
or not it shall be liable thereunder and shall not thereby concede claim had this Guarantee not been issued. IfY the payment does
liability or waive any provision hereof. not cover the loss of tlue Assured,the Company shall be subrogated
to such rights and remedies in the proportion which said payment
(b)In all cases where the Company does so institute and prosecute bears to the amount of said loss. The Assured if requested by the
any action or proceeding, the Assured shall permit the Company Company, shall transfer to the Company all rights and remedies
to use, at its option, the name of the Assured for such purpose. against any person or property necessary in order to perfect such
Whenever requested by the Company, the Assured shall give the right of subrogation, and shall permit the Company to use the
Company all reasonable aid in prosecuting such action or pro- name of the Assured in any transaction or litigation involving such
ceeding, and the Company shall reimburse the Assured for any rights or remedies.
expense so incurred.
8. Guarantee Entire Contract
4. Notice of Loss—Limitation of Action Any action or actions or rights of action that the Assured may have
A statement in writing of any loss or damage for which it is or may bring against the Company arising out of the subject
claimed the Company is liable under this Guarantee shall be fur- matter hereof most be based on the provisions of this Cuarantec.
nished to the Company within sixty days after such loss or damage N provision or condition of (his Guarantee can be waived or I
shall have been determined, and no right of action shall accrue changed except by a writing endorsed or attached hereto signed I
to t'•e Assured under this Guarantee until thirty days after such by the President, it Vice President, the Secretary, an Assistant
statement shall have been furnished, and no recovery shall be Secretary or other validating officer of the Company.
had by the Assured under this Guarantee unless action shall be
commenced thereon within two years after expiration of said 9. Notices, Where Sent
thirty day period. Failure to furnish such statement of loss or All notices required to be given the Company and any statement
damn c or to commence such action within the time hercinbefore in writing required to be furnished the Company shall be addressed
specified, shall be a conclusive bar against maintenance by the, to it at 421 North Main Street, Santa Ann, California 92701, or to
Assured of any action under this Guarantee. the office which issued this Guarantee.
5. Option to Pay,Settle or Compromise Claims 16. Fee
The Company shall have the option to pay or settle or compromise The fec sttecifcd on tile,face of this Guarantee is the total fee for
for or in the name of the Assured any claim which could result title search and examination and for this Cuarantec,
Awr 3 4 C? f I `f ,
.. , .TLE ORDER NO. OR-1.49'__.
R RCEL NO. 142-081— 66 RECORDING REQUESTED BY
A. P. NO. 142-081-06 FIRST AMERICAN TITLE INS. CO.
PROJECT: HUNTINGTON CENTER REDEVELOPMENT PROJECT AREA
RECORDED IN OFFICIAL RECORDS
RECORDING REQUESTED BY: OF ORANGE COUN.IY,CALIFORNIA
CITY OF HUNTINGTON BEACH �� �;� 4:00 OCT 2 4 1988
WHEN RECORDED MAIL TO: PM
CITY OF HUNTINGTON BEACH EXEMPT �»
DEPARTMENT OF COMMUNITY DEVELOPMENT Q 5;5 RECOU
2000 MAIN STREET
RM
HUNTINGTON BEACH, CA 92648 FREE RECORDING REQUESTED Essential to acquisition by
CITY OF HUNTINGTON BEACH, CALIFORNA See Govt. Code 6103
GRhl•t'i' DEED •- ---
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JAMES APPLEBURY SUCCESSOR TRUSTEE TO THE JOHN CHARLES APPLEBURY TRUST AS TO AN
UNDIVIDED 1/9TH INTEREST, JAMES APPLEBURY AS TO AN UNDIVIDED 1/9TH INTEREST, MARY
CECILE APPLEBURY O RN DOP FF AS TO AN UNDIVIDED 1/9TH INTEREST, CAROL ELIZABETH
APPLEBURY HEFLIN AS TO AN UNDIVIDED 1/3 INTEREST AND GERTRUDE PAULINE APPLEBURY
McCLYMONDS AS TO AN UNDIVIDED 1/3 INTEREST
hereby GRANT(S) to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A
PUBLIC BODY, CORPORATE AND POLITIC
a the following described real property in the City of Huntington Beach, County of
Orange, State of California:
SEE MIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
Excepting and reserving all oil, hydrocarbon substances and minerals of every kind
and character lying more than 500 feet below the surface of said land, together
with the right to drill into, through, and to use and occupy all parts of said land
lying more than 500 feet below the surface thereof for any and all purposes
incidental to the exploration for and production of oil, gas, hydrocarbon
substances or minerals from said lands but without. however, the right to use
either the surface of said land or aay portion of said land within 500 feet of the
surface for any purpose or purposes whatsoever.
it is understood and agreed that the property conveyed by this Grant: Deed includes
all Improvements Pertaining to the Realty which are, either generally or for
purposes of acquisition by Grantee, a part of the real property, described above,
specifically including but not limited to the list of Improvements Pertaining to
the Realty attached hereto as Exhibit "B" and incorporated herein as a part, of this
Grant Deed.
Grantor for himself, his heirs, representatives and assigns covenants and warrants
that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the
Realty conveyed by this Grant Deed free from all liens and encumbrances, and 2)
Grantor will defend the title and quiet enjoyment of the real property described
above, including all Improvements Pertaining to the Realty, against all demands and
claims of all persons.
Date-,�U-�- Z(} �Q8'y
AMES EB
hiA`RY CECIj E APPIMURY4R*#Bf�RW/ C`,R N 7 oil F
C�..,�-mac�.Y>c..Ll-{f'..:L• fL Z�C'.A.•. �-Z ' ..n-�,,•
C - OL ELIZAB TH APPLEBUXY
G TRUDE"A�fESLEBJM�
APP McC YM SSUC TRUSTEE TO THE
ES APPLEBUR UST
State of California
County of mange }ss
On July 21st, t� before me, the undersigned a Notary Public in and
for the State, personally appeared * mps �ppl�huzT
personally
known to me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) its subscribed to the within instrument
and acknowledged that he executed sam
OFFICIAL SEAL
AN
WITNESS my d a Id off' ial seal NOTAR�YPUGUCJ. -CIALIFORNIA
ORANGE COU,%qy
Signature My Comm Expirest cy 26,1991
88-543781
LEGAL DESCRIPTION
LOTS 19 AND 20 IN TRACT 417, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16,
PAGE 47, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE NORTH 20 FEET THEREOF.
x
r5
EXHIBIT "A"
01 -NMI
88--543781
APPLEBURY PROPEM'
MARIE CALLENDERS PIES,
7880 Edinger
Huntington Beach, CA
IMPROVEMENTS PERTAINING TO THE REALTY
VALUE SALVAGE
QUANTITY IN PLACE VALUE
EQUIPMENT
SEATING BOOTiS, 6 650.00 200.00
2-single sided, vinyl
upholstery, tufted and
studded,
3-Double sided, as previous,
with leaded bevelled edge
glass partitions, oak wood
frame, 46"x23".
TABLES, wood, 28"x48", wall 5 100.00 25.00
mounted
Attached
LAMPS, hanging, glass crystals, 9 180.00 45.00
metal and glass shade, chain
hung
(1 glass shade missing).
BOOTH SEAT (SPARE), vinyl 1 10.00 5.00
upholstered
SALAD BAR, wood formica cabinet 1 100.00 10.00
base, metal top ice basin, 4
doors eched glass sneeze guard,
78"x30", built-in
(Attached)
AS PREVIOUS, 78"x24" 1 100.00 10.00
(Attached)
COUNTER, vood, .formica, 1 150.00 25.00
8'x2'x37" high with cash
drawers, 2 wells, 2 shelves
COFFEE SHOP COUNTER, wood, 1 250.00 40.00
formica clad, 13'3"x2'30"
high, with 2 formica shelves
BACK BAR COUNTER UNIT, "L" 1 750.00 250.00
shape, 21'9"x31" high and
8'6"x30", 14 door, 1 sink,
stainless steel, 2 tray well
holders, 4 tier each, ice bin
with drain, water station well
with ice cream freezer, 32"x21"05"
double hole, Kelvinator, electricals,
3 receptacles, 220 and 110 volt
Built In
Attached
PASS THROUGH STAINLESS STEEL, 51"x18" 1 40.00 5.00
with 2 overhead heat lamps 150 watts
each, builtin, canopy wood
Attached
BAR STOOLS, wood, swivel, vinyl 6 120.00 35.00
upholstery seats,, set in floor
Attached
EXHIBIT "B"
APPLEBURY PROPERTY 88-54378 f
PAGE 2
VALUE SALVAGE.
UA1Q 4TITY IN PLACE VALUE
7,QUIPMENT
CONTINUED
EXHAUST HOOD, ceiling mounted 2 400.00 100.00
stainless steel, to include
1-10'x41"x19",high,
2 lights, vapor proof.
1-57"x35"x19", no lights.
Attached
EXHAUST HOOD, stainless steel, 1 150.00 30.00
54"x48"x26" high
Attached
KIDDE FIRE EXTINGUISHER SYSTEM, 1 400.00 20.001
Sentinel control, piping
fittings, fire sprinkler heads,
dry chemical system
Attached
REFRIGERATOR, Traulsen 11 1,500.00 250.00
stainless steel, 2 glass doors,
68"x36"x75 1/2" high, roll-in
floor entry, handles missing.
Including remote compressor
CONDENSER COILS, diffusers, 2 1,500.00 200.00
Bohn, single fan each, mdl #
1200EL-2, ser. #415049, ser #
390943, with piping.
installed
Attached
WALK-IN COOLER DOORS, metal 2 500.00 60.00
clad 37 1/2"x78"x3 3/4" with
furniture
Attached
WALL MIRROR, wood framed, 1 40.00 5.00
24"x54"
Attached
TELEPHONE BOOTHS, wall mounted 2 40.00 10.00
wood formica clad
Attached
COUNTER "L" SHAPED, built-in, 1 100.00 10.00
wood formica clad, 88"x24"x
36"x24"
(Attached)
WALL SHELF UNIT, wood, 2 and 3 tier 1 20.00 0.00
"U" shape, 16'x3'4"x15"
Attached
ROOF AREA
REMOTE COMPRESSOR: UNITS, Tecumseh, 2 1,500.00 300.00
114 E505S, 5 h.p. motor, Fairbanks
Morse
Attached
ArPLEBURY PROPERTY
Pi iGE 3
VALUE SALVAGE
QUANTITY IN PLACE VALUE
ROOF AREA
CONTINUED
RUSSEL COIL COMPANY, condenser 1 1,500.00 250.00
coil unit, double fan, mdl #
RACC R, ser # 2287
Attached
REMOTE COMPRESSOR, make unknown 1 750.00 150.00
double fan, estimated 2 h.p.
Installed
Attached
EXHAUST FAN UNITS, for hoods, 2 700.00 200.00
1/3 h.p. Donaldson, mdl #
EDLS-I5-B, se•r.#8421/ser
#8420, galvanized metal enclosure
Installed
Attached
ROOF EXHAUST UNIT, squirrel cage 1 300.00 100.00
blower, 5"xl4", 1/5 h.p. Dayton
motor, with 23"x23"30" plenum box
Installed
Attached
AS PREVIOUS, 18"x3O" squirrel cage 1 325.00 100.00
blower ductwork to hood, estimated
} 2-3 h.p.
I Installed
Attached
REMOTE C014PRESSOR UNIT, Copeland, 1 750.00 150.nO
Unit, mdl.# ser.#FPAM-0051-lAA-OO2,
~ with galvanized metal box enclosure
Installed
Attached
TOTAL IMPROVENE11TS PERTAINING $12,925.00 $2,585.00
TO THE REALTY ____--- _------_
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