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Approve Garfield Avenue and Delaware Street Intersection Imp
PH 3: 2 Council/Agency Meeting Held: cA 'p . a Deferred/Continued to: CI s y GF 10Approved ❑ Conditionally Approved ❑ Denied ity Jerk' ignature "' f}~= Council Meeting Date: 2/6/06 Depart ent ID Number: ED 06-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU CIL MEMBERS SUBMITTED BY: PENELOPE LBLGRA TY AD INISTRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT ROBERT F. BEARDSLEY, PE, DIREC OR OF PU IC WORKS SUBJECT: APPROVE GARFIELD AVENUE & DELAWARE STREET INTERSECTION IMPROVEMENT PROJECT LAND PURCHASE (7761 GARFIELD AVENUE) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: An agreement in the amount of $900,000 with Helen M. Gabrielson for the purchase of her real property at 7761 Garfield Avenue (northeast corner of Garfield Avenue and Delaware Street) is submitted for approval (Attachment #1). Acquisition of this property is necessary to complete improvements to the Garfield Avenue and Delaware Street intersection. Funding Source: The property cost exceeds the budgeted amount for the project; however, funds in the amount of $900,000 are available in the Traffic Impact Fund, Street Widening, Land Purchase, Account No. 200690001.81100. Should additional funding be required for other projects in this business unit, amounts will be appropriated from the fund balance at that time. Recommended Action: Motion to: 1. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions in the amount of$900,000 between the City of Huntington Beach and Helen M. Gabrielson for the real property located at 7761 Garfield Avenue; and 2. Authorize the Mayor and City Clerk to execute the agreement. Alternative Action(s): Do not approve the purchase agreement for 7761 Garfield Avenue and direct staff to renegotiate the acquisition terms with Helen M. Gabrielson. Analysis: The intersection of Garfield Avenue and Delaware Street is unimproved and requires widening to allow four lanes of vehicular traffic and additional right-of-way on Hecoraea at tree request of Chicago Title This Document was electronically recorded by Chicago Title Commercial RECORDING REQUESTED BY: Recorded in Official Records,Orange County City of Huntington Beach Tom Daly,Clerk-Recorder Real Estate Services P.O. Box 190/2000 Main Street Huntington Beach, CA 92648 SIN NO FEE WHEN RECORDED MAIL TO: 110 27 G02 7 2006000148071 03:38pm 03/06/06 Joan L. Flynn, City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach �,0 P.O. Box 190/2000 Main Street _ f Huntington Beach, CA 92648 INCORPORATED AREA DOCUMENTARY TRANSFER TAX$EXEMPT APN(s): 159-121-20 GRANT DEED THE UNDERSIGNED GRANTOR Location:Garfield/Delaware Signature of Declarant or Agent determining tax FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HZLEN M. GABRII;I,SON SUCCESSOR TRUSTEE OF THE CARL ESKIL GABRIELSON .AND HELEN M. GABRIELSON FAMILY LIVING TRUST to hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, the real property in 0 the City of Huntington Beach, County of Orange, State of California, described as follows: See Exhibit"A"for Legal Description C� R & T Code 11911 Dated: 2006 Shall be exempt from any tax imposed because agency is acquiring title R & T Code 6103 Shall be exempt from any recording fee Signed in raiintprpart glen M. Gabrielson,SUCCESSOR TRUSTEE DEED CERTIFICATION—CITY OF HUNTINGTON BEACH APPROVED AS TO FORM BY THE OFFICE OF THE CITY ATTORNEY This is to certify that the interest in real property conveyed by the Deed O 4 dated oZ 2006, from THE CARL E. GABRIELSON TRUST to the CITY OF HUNTINGTON BEACH is hereby accepted by the Assistant/Deputy City Attomey undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution This document is solely for the official business of the City of No. 3537 of the City Council of the City of Huntington Beach adopted Huntington Beach, as contemplated under Government Code Sec. on August 7, 1972,and the grantee consents to the recordation thereof 6103 and should be recorded free of charge. by its duly authorized officer. 9 CITY OF HUNTINGTON BEACH Dated: Tax Exempt Government Agency CITY OF HUNTINGTON BEACH . D Joan L.Flynn,City Clerk By: 071 Joan FlynnU /,-�A� City Irk oan Flynn,City Clerk MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLO G LINE Joan L. Flynn City Clerk City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach CA 92648 Project Name:Garfield/Delaware Improvement APN(s):159-121-20 CAU"RNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofAt '1)l County of ( 1 Ont"lL'�C�.t a i ibefore me, IY�t(�t' ,"N 1 UlKpersonatty Dated Name&rrde�of officer(.�Jane Doe P"c) appeared PTO n �V 111n C&ti �.J -rf .,. / Name(t of Signer(s) ,PS,) personally known to me -OR ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that IWshe/they executed the same in his/her/their authorized capacity(les),and that by L BIN ROBERTS his/her/their signature(s)on the Instrument the person(s),or the ;I1652700 entity upon behalf of which the person(s)acted,executed the MlltlC•G1tIFOI1iNA 0 instrument. j FI:1a'M SS' y hand go ollicial seal. Signature of Notary --- ----------- --- ------- -----OPTIONAL- ---------- ----------- ------ --- -- Though the data below Is not required by law,it may prove valuable to persons relying on the doaanent and muldpremm f audulent removal and reattxtyne utofbw;farm to another document Description of Attached Document (�„ C a Title or Type of Document rGyl k�iCilYi — Document Date: '0-A— C(o Number of Pages 3 tt Ic lt)� iht5p � Signer(s)Other Than Named Above: i 1 f t k5 Capadty(ies)Claimed by Seller(s) Signer's Name A t) Signer's Name Individual ❑ Individual ❑ Corporate qc i/ ❑ Corporate Officer Title(s): C:L t L4 T. Titie(s): Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney-in-Fact Right Tt ar4rint of ❑ Attomey-in-Fad Right ThumbprUH or Signer Signer Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other ❑ Other Signer I RLLe��presentinng: Signer Is Representing: GOVERNMENT CODE 27361 .7 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: ROBIN ROBERTS DATE COMMISSION EXPIRES: FEB 14, 2009 COUNTY WHERE BOND IS FILED: ORANGE COMMISSION NO.: 1552700 MANUFACTURER/VENDOR NO.: VS11 PLACE OF EXECUTION: IRVINE, CA DATE: 3/6/06 SIGNATURE: A-v� 0),-" CH ICA 0 TI LE Recorded request of Chicago Title RECORDING REQUESTED BY: City of Huntington Beach Real Estate Services P.O. Box 190/2000 Main Street Huntington Beach,CA 92648 WHEN RECORDED MAIL TO: Joan L, Flynn, City Clerk City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach,CA 92648 APN(s); 159-121-INCORPORATED AREA GRANT DEED DOCUMENTARY UNDERSIGNED GRANTOR location:GarfreldtWaware nature of Declarant or Agent deterrnm tax FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HELEN M. GABRIELSON SUCCESSOR TRUSTEE OF THE CART, ESKIL GABRIELSON AND HELEN M. GABRIELSON FAMILY LIVING TRUST t� 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 Califomia,described as follows: �- See Exhibit"A"for Legal Description �J _Zr- Dated: , 2006 R & T Code 11911 Shall be exempt from any tax imposed because agency is acquiring title R & T Code 6103 Shall be exempt from any recording fee _ ^ Helen M. Gabrielson, SUCCRSSOR T STEE DEED CERTIFICATION—CITY OF HUNTINGTON BEACH APPROVED AS TO FORM BY THE OFFICE OF THE CITY ATTORNEY This is to certify that the interest in real:property conveyed by the Deed dated . 2006, from THE CARL E. GABRIELSON By: signed in counterpart TRUST to the CITY OF HUNTINGTON BEACH is her y hereby accepted fry the Assistant/Deputy City Attorney undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution This document is solely for the official business of the City of No.3537 of the City Council of the City of Huntington Beach adopted Huntington Beach, as contemplated under Government Code Sec. on August 7,1972,and the grantee consents to-the recordation thereof by its duly aulhorized officer. 6103 and should be recorded free Of charge. CITY OF HUNTINGTON BEACH Dated: _,. Tax Exempt Government Agency CITY OF HUNTINGTON BEACH signed in counterpart Joan L.Flynn,City Clerk By' -- )flan L.Flynn Ely. City Clerk Joan L.Flynn,City Clerk MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE Joan L. Flynn,Cray Clerk Oty of Huntington Beach P.Q. Box 190./2000 Mjin Stre : Hurst ington Beach,CA 926M Project Narne:Garfield/Delaware Improvement 7 (s):Z-0 uI-zO CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of �.Ol'1 rp✓Y1�A County of—Ova~ On ��Zy 1 Z0aifO before me, I � P persotraliy Date 11 Name a Tre Core D�Notary Pic) Names)or Sigrrer(s) ❑ personally known to me -OR- A proved to ne on the b1sis of satisfactory evidence to be the person(s)4and e( bed w,Tinai instrument to me that executed EMW ILY ROMM the same i :*.on W authorized and that by COmrNs dmi t 14M19 his/her/the the instrument the personN,or the NotCry Pub1c'-CdlfCfrliO i Instrument behalf of why the pers�acted,executed the OrwQe County Comity Mpy31.2OB WITNESS my hand and official seal. signadae of Notary 77wtgh the data belory/snotrepo/rcidbylax;ll mays vahlaDde m puts regtirty on n�dAa�rt�dCotdt?�veaentfiau�itle�t! removal and mattadynw of Ws form to x7offiff doaffnertt Description ofAttacleed Document .� � i Title or Type of Document &VAM l�Q`' N 151-r2f- 2O Document Date: Number of Pages Signer(s)Other Than Named Above. Capacity(ies)Claimed by Seller(s) Signer's Name Signer's Narne ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer T dws): Title(s): ❑ Partner ❑ United ❑ General ❑ Partner ❑ United Q General ❑ Attorney-hn-Fact idght of ❑ Attorney-in-Fact RWTkffnWnt0f ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ other Signer Is Representing: Signer Is Representing: GOVERNMENT CODE 27361 .7 1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: EMILY ROBERTS DATE COMMISSION EXPIRES: MAY31 , 2008 COUNTY WHERE BOND IS FILED: ORANGE COMMISSION NO.: 1492919 MANUFACTURERNENDOR NO.: NNA1 PLACE OF EXECUTION: IRVINE, CA DATE: 3/6/06 SIGNATURE: 3 tl-WC�AG Tl LE Order No.:43 815081-M 10 LEGAL DESCRIPTION THE WEST 1/2 OF THE SOUTH 1/2 OF LOT NO. 12, BLOCK G OF TRACT 7, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form(Rev l/l/95) Page 3 PRELIMINARY CHANGE OF OWNERSHIP REPORT FOR ASSESSOR'S USE ONLY (To be completed by Transferee(buyer).prior to transfer of subject property in accordance with Section 480.3 of the Revenue&Taxation Cale•!A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located;this particular form may be used in all 58 counties of Caltfomia. THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: HELEN M. GABRIELSON, TRUSTEE BUYER/TRANSFEREE: CITY OF HUNTINGTON BEACH ASSESSOR'S PARCEL NUMBER(S): PROPERTYADDRESS OR LOCATION: 7761 GARFIELD AVENUE, HUNTINGTON BEACH, CALIFORNIA MAILTAX INFORMATION TO' Name(' CITY OF HUNTINGTON BEACH Notice: A lien for property taxes applies to your property o nary 1 of each year for the taxes owing in the following fiscal year,July 1 through June 30. One-half of these taxes is due November 1,and one-half is due.February 1.The first installment becomes delinquent on December 10,and the second installment becomes delinquent on April 10.One tax bill is mailed before November 1 to the owner of record. IF THIS TRANSFER OCCURS AFTER JANUARY 1 AND ON OR BEFORE DECEMBER 31,YOU MAY BE RESPONSIBLE FOR THE SECOND INSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor.For further Information on your supplemental roll obligation,please call the County Assessors's Office. PART I:TRANSFER INFORMATION Please answer all questions. Yes No C] a A is this transfer solely between husband and wife(Addition of a spouse,death of a spouse,divorce settlement,etc.)? C] ® B. Is this transaction only a correction of the name(s)of the persons)holding title to the property(For example,a name change upon marriage)? C7 0 C. Is this document recorded to create,terminate,or reconvey a lender's Interest in the property? C7 M D. Is this transaction recorded only as a requirement for financing purposes of to create,terminate,or reconvey a security interest ® fe.g,cosigner)?O 0 ® E. Is this document recorded to substitute a trustee under a deed of trust,mortgage,or other similar document? F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor)remains as one of the joint tenants? 0 N G. Does this transfer return property to the person who created the joint tenancy(original transferor)? 0 M H. Is this transfer of property: O a 1)to a trust for the benefit of the grantor,or grantor's spouse? E3 ® 2)to a trust revocable by the transferor? E3 N 3)to a trust from which the property reverts to the grantor within 12 years? O ! 1. lf this property is subject to a lease,Is the remaining lease term 35 years or more including written options? Q E *J. Is this a transfer between parent(s)and chfld(ren)? p or from grandparent(s)to grandchtid(ran)? p p i *K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county?OYesl7 No p 0 *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? Within the same county? O Yes E3 No *If you checked yes to J,K or 1.,you may quality for a property tax reassessment exclusion,which may result in lower taxes on your property.Failure to Me a claim results in the reassessment of the property. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED*YES'TO ANY OF TIME ABOVE QUESTIONS EXCEPT J,K OR L,PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OFTHE FORM. PART If.OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date S. Type of transfer.Please check appropriate box. Purchase © Foreclosure E3 Gift C3 Trade or Exchange Q Merger,Stock or Partnership Acquisition C7 Contract of Sale-Date of Contract C7 Inheritance-Date of Death 0 Other.Please explain: C7 Creation of Lease C 3 Assignment of a Lease C7 Termination of a Lease C7 Sale/Leaseback 0 Date lease began 0 Original term in years(inducing written options) O Remaining term In years Gnoluding written options) C. Was only a partial interest in the property transferred?C7Yes Ile No M yes,indicate the percentage transferred % tom,.3f2ere9-1. Page 1 of 2 PRELIMINARY CHANGE OF OWNERSHIP REPORT Please answer,to the best of your knowledge,all applicable questions,sign and date.H a question does not apply,Indicate with"N/A". PART HI:PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR Value of Trade or Exchange(excluding closing costs) Amount$ 1di00 0 B. FIRST DEED OF TRUST Q_ %Interest for years. Pymts./Mo.=$ (Prin.&int.only) Amount$ ❑ FHA (____Discount Points) Q Fixed Rate ❑ New Loan ❑ Conventional ❑Variable Rate ❑Assumed Existing Loan Balance ❑VA( Discount Points) ❑All inclusive D.T.($ Wrapped) ❑ Bank or Savings&Loan ❑ Cal-Vat ❑ Loan Carried by Seller ❑ Finance Company Balloon Payment ❑ Yes ❑ No Due Date Amount$ C. SECOND DEED OF TRUST Q_%interest for years. Pyrnts./Mo._$ (Prin.&inL only) Amount$ ❑ Bank or Savings&Loan ❑ Fixed Rate ❑ New Loan ❑ Loan Carried by Seller ❑Variable Rate ❑ Assumed Existing Loan Balance Balloon Payment ❑Yes ❑ No Due Date Amount$ D. OTHER FINANCM* Is other financing involved not covered in(b)or(c) above? ❑ Yes ❑ No Amount$ Type %interest for years. Pymts./Mo.=$ (Prin.&InL only) ❑ Banker Savings&Loan 13 Fixed Rate ❑ New Loan ❑ Loan Carried by Seller ❑Variable Rate ❑ Assumed Existing Loan Balance Balloon Payment ❑Yes ❑ No Due Date Amount$ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ❑ No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE(or acquisition price,H traded or exchanged,include real estate commission if paid.) p Total Hems Athrough E t +GO/a0 0 G. PROPERTY PURCHASED ❑ Through a broker N Direct from Seller ❑ From a family member ❑ Other(explain) H purchased through a broker,provide broker's name and phone number: Please explain any special terms,seller concessions,or financing and any other information that would help the Assessor understand the purchase price and terms of sale. PART M.PROPERTY INFORMATION A TYPE OF PROPERTY TRANSFERRED: Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple-family residence(no.of units: ) ❑ Co-op/Own-your-own ❑ Manufactured)-iome ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other(Description: 1 S. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? (1 Yes M No H yes,enter date of occupancy or intended occupancy month day year month day year C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (i.e.,furniture,farm equipment,machinery,etc.) (other than a manufactured home subject to local property tax)? ❑ Yes ■ No H yes,enter the value of the personal property included in the purchase price$ (Attach itemized list of personal property) 0. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? © Yes ® No H yes,how much of the purchase price is allocated to the manufactured home?$ Is the manufactured home subject to local property tax? ❑Yes ❑ No What is the Decal Number? E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ®No H yes,is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral Flights (] Other-Explain: F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? 0 Good Q Average , Fair ❑ Poor Please explain the physical condition of the property and provide any other information(such as restrictions,etc.)that would assist the Assessor in determining the value of the property. I certify that th oing is true,correct and complete to the best of my knowledge and belief. / Signed MAI0 Date SLll`rJ ER/ RPORATE OFFICER At Please Print Name of New Owner/Corporate Officer E �A*) Phone Number where you are available from 8:00 a.m.-5:00 p.m.( 71!f )s 3 to— !!r"6 (NOTE: The Assessor may contact you for further information) H a document evidencing a change of ownership is presented to therecorder for recordation without the concurrent filing of a preliminary change of ownership report,the recorder may charge an additional recording fee of twenty dollars($20.00). PCOM-8/5/99-4c Page 2 of 2 APPROVED AS TO FORM JENNIFER MCGRATR CAYA"OlSey By Paul D'Alessanam Aaoistant City Attotnoy REQUEST FOR ACTION MEETING DATE: 2/6/06 DEPARTMENT ID NUMBER:ED 06-06 Garfield Avenue and two lanes of vehicular traffic and additional right-of-way on Delaware Street. The intersection improvement project includes the construction of curbs, gutters, sidewalk, pavement restoration, and relocation of traffic signals and street lights as necessary to enhance pedestrian, bicycle, traffic circulation, and public safety. The subject property is one of five parcels required for this project. Offers to purchase have been made to the other real property owners by the City, but these other offers have not yet been accepted. At such time as the remaining real property purchase offers are accepted, those agreements will be submitted for City Council approval. The amounts of all offers to purchase made by the City for this project are consistent with real estate market values as described in appraisal reports provided by Netzer and Associates dated April 11, 2005, May 4, 2005, and May 16, 2005. Subsequently, real estate market values have increased and the City accepted the seller's counter of $900,000, which is a 7% increase above the original offer of$840,000. Award of the project construction contract is slated for May 2006 with construction scheduled to begin in June 2006. A map showing the subject property is attached as Exhibit 2. Public Works Commission Action: Not required. Environmental Status: Not applicable to property purchase. Attachment(s): NumberCity Clerk's Page . Description 1. Agreement for Purchase and Sale of Real Property and Escrow Instructions between the City of Huntington Beach and Helen M. Gabrielson for the real property located at 7761 Garfield Avenue. 2. Site Map. p 3. 1 Certificate of Trust. D:\Documents and Settings\bazantd\Local Settings\Temporary Internet Files\OLK87\RCA for 7761 final 1-23.doc -2. 1/25/2006 7:44 AM Agreement for the Purchase and Sale of Real Property and Escrow Instructions for 7761 Garfield Avenue AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS Escrow No. To: Attn: THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (this "Agreement") is made by and between THE CITF HUNTINGTON BEACH, a California municipal corporation (`Buyer"), and HELEN GABRIELSON, Trustee of the CARL E. GABRIELSON TRUST dated IV o4? !F3 ("Seller"). A. Seller is the owner of an undivided 100/100th interest in that certain portion of the improved parcel of real property located at 7761 Garfield Avenue (A.P.N. 159-121-20) in the City of Huntington Beach, County of Orange, State of California, including all buildings and improvements located thereon, as more particularly described in Exhibit A attached to this Agreement(the "Property"): SEE EXHIBIT"A" B. Prior to the execution of this Agreement, Seller accepted Buyer's written offer to acquire the Seller's undivided interest in the Property for the purposes of street widening and related improvements ("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 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 100/100th 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 Opening 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 Nine Hundred Thousand Dollars ($900,000.00) ("Purchase Price"). (b) Payment of Purchase Price. The Purchase Price shall be deposited by Buyer into Escrow within fifteen (15) business days following the receipt of the Estimated Closing Statement. 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 fill and final consideration of all of the following: (i) A fee simple interest in and to the Property, for the purposes of street widening and related improvements, including all uses incident to the use of the 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) Buffer. 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 2 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 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 ninety (90) 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. (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 er 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.i� 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: 3 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 (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 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. If 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 4 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 r 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 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 25117; 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 j 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 5 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 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 Bum 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 te7 f Buyer's written purchase offer to Seller, dated ,��►a,� ( , 200b, are incorporated herein by reference into this Agreement. ARTICLE II 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 thirty (30) after the 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. 6 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 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 not be entitled to recover from the other party its reasonable attorney's fees. Each party shall bear its own attorney's fees. 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: To Buyer: Steven Holtz, Real Estate Services Manager Economic Development Department City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 To Seller: (2P . of 2 To Escrow Holder: 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 7 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 A 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. 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 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-91 1 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 8 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 r � one (1) day prior to the Close of Escrow. In the event Sellers cannot execute the above- referenced Transferor's Affidavit or California Form 590, Seller shall provide written instructions to Buyer. 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 and Escrow Instructions on /CE�t3l2u.A2V�n , 2006. "SELLER" "BUYER" CITY OF HUNTINGTON BEACH, A California municipal corporation Helen Gabrielson, Trustee Mayor City OTerk z/4/® APPROVED AS TO FORM: ✓ � y A City Attorney lot REVIEWED AND APPROVED: itty AdAinistrator INITIATED AND APPROVED: ;5:� Director of Econ is Development 9 2006 Agree:Gabrielson PSA(7761 Garfield) RLS 2006-026 Exhibit A A PORTION OF THOSE LANDS LYING WITHIN THE WEST HALF, OF THE SOUTH HALF OF LOT 12, BLOCK G, TRACT NUMBER 7, LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE MAP FILED IN BOOK 9, PAGE 8 OF MISCELLANEOUS MAPS IN THE RECORDERS OFFICE OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK G, TRACT NUMBER 7, THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89'59'53" EAST, 75.00 FEET, TO THE EAST LINE OF THE WEST 1/2 OF SAID LOT 12; THENCE LEAVING SAID SOUTH LINE, NORTH 00'00'16" EAST, 22.00 FEET ALONG THE EAST LINE OF THE WEST 1/2, OF SAID LOT 12, TO THE BEGINNING OF A LINE PARALLEL WITH AND 22.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID LOT 12; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 89'59'53" WEST, 38.00 FEET, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 27.00 FEET; THENCE ALONG SAID CURVE WESTERLY, NORTHWESTERLY AND NORTHERLY THROUGH A DELTA OF 90'00'16", AN ARC LENGTH OF 42.41 FEET, TO THE BEGINNING OF A LINE PARALLEL WITH AND 10.00 FEET EASTERLY OF THE WEST LINE OF SAID LOT 12; THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 00'00'23" EAST, 101.11 FEET TO THE NORTH LINE OF THE SOUTH 1/2, OF SAID LOT 12; THENCE LEAVING SAID PARALLEL, NORTH 89'59'26" WEST, 10.00 FEET ALONG THE NORTH LINE OF THE SOUTH 1/2, OF SAID LOT 12, TO THE WEST LINE OF SAID LOT 12; THENCE SOUTHERLY ALONG THE WEST LINE, OF SAID LOT 12, SOUTH 00'00'23" WEST, 150.11 FEET TO THE POINT OF BEGINNING. CONTAINING 3087.5 SQUARE FEET MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. y�0 LAND sv� L U O � EXP.12-31-05 o 1c R JOSEPH G. DERLETH I-S. 734O PLS 7340 EXPIRES 12/31/05 9TF OF CALNF� Legal Description for Ri ht--of—Way Acquisition 7761 Garfield Avenue ? APN 159-- 121 —20 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Site Map ATTACHMENT #2 , a CD E� `ate;:.• „�::�s.�£i3 e. Certificate of Trust ATTACHMENT #3 S RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: JANE BAUER ATTORNEY AT LAW 1131 E. MAIN #107 TUSTIN, CA 92780 -CERTIFICATE OF TRUST I, HELEN M. GABRIELSON, hereby declare under penalty of perjury under the laws of the State of California and certify that: On 10/06/93, CARL ESKIL GABRIELSON AND HELEN M. GABRIELSON, as Trustees and Trustors, signed an Agreement of Trust which established a revocable living trust known as the CARL ESKIL GABRIELSON AND HELEN M. GABRIELSON FAMILY TRUST. This Certificate is a true and correct representation of the terms of the Trust instrument. CARL ESKIL GABRIELSON died on 01/14/06 and HELEN M. GABRIELSON is now the sole currently acting Trustee of the Trust. The Trust is not of record in any court of law and has not been recorded in the real property records of any county. The Trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect. Title to assets of the Trust should be taken in substantially the following form: HELEN M. GABRIELSON as Trustee of the CARL ESKIL GABRIELSON AND HELEN M. GABRIELSON FAMILY TRUST, dated 10/06/93 G. This Certificate is intended to serve as a "Certification of Trust" under California Probate Code §18100 .5, as amended. Its purpose is certify the existence of the Trust, the identity and powers of the Trustee, the manner of taking title to assets, and to summarize some of the more important provisions of the Trust so that the Trustee can deal with third parties, such as financial institutions, stock transfer agents, brokerage houses, title companies, insurance companies and others, without disclosing the entire Trust, which is a private and confidential document . This Certificate is intended to serve as a "Certification of Trust" under California Probate Code section 18100 . 5, as amended. Its purpose is to certify the existence of the trust, the identity and powers of the Trustee, the manner of Prepared by Law Office of JANE BARER, 1131 E. Main 8t. #107 Tustin, CA 92780 Telephone (714) 730-9522 CERTIFICATE OF GABRIELSON FAMILY DATED 10/06/93 Page 2 taking title to assets, and to summarize some of the more important provisions of the Trust so that the Trustee can deal with third parties, such as financial institutions, stock transfer agents, brokerage houses, title companies, insurance companies, and others, without disclosing the entire Trust, which is a private and confidential document. All third parties dealing with the Trustee may rely on this Certificate as a true statement of the provisions of the Trust described herein as of the date this Certificate is presented to such third party (regardless of the date of execution of this Certificate) , unless the third party has actual knowledge that the representations contained herein are incorrect. The Trustee are expressly authorized to sue a third party who fails to rely on this Certificate and demand damages, including punitive damages, on Trustor' s behalf for such non-reliance. Under the terms of the Trust, the Trustee' s powers include the following: A. To hold, purchase, or acquire, and to invest and reinvest the trust principal (and income if accumulated) in, any of the following: (i) any form of securities, including, common or preferred stock, mutual funds, index funds, shares of investment trusts and investment companies, bonds, debentures, stock options, financial and commodities future contracts, forward and leverage contracts, publicly traded limited partnership interests, and securities providing tax-free or partially tax-free income, as well as any securities received upon reorganization, split-up, stock dividend, or other like occurrence; (ii) deeds of trust, notes, mortgages, and pooled mortgage funds or mortgage participation; (iii) real property of any residential, commercial, agricultural, or other nature, including, but not limited to, undivided interests, life estates, term interests, and remainder interests; (iv) business interests, including interests in sole proprietorships, partnerships (general or limited) , corporations, joint ventures, or other form of business entity; (v) tangible personal property, including, but not limited to, precious metals, jewels, foreign currency, works of art, antiques, and coins, stamps, rare books, fine wine, or other collectibles; and (vi) any other property, real, personal or mixed, that the Trustee may select; B. To open and maintain such bank and other similar accounts with any financial institution, including checking, savings, and money market accounts, certificates of deposit, and margin accounts, and to hold moneys in such accounts for such periods, and at such rates of interest, as the Trustee may determine, without liability for any loss Prepared by Law Office of JAME BAUER, 1131 E. Main SZ #107 Tustin, CA 92780 Telephone (714) 730-9522 CERTIFICATE OF GABRIELSON FAMILY DATED 10/06/93 Page 3 of income to the trust or any beneficiary; C . To exercise all the rights, powers, and privileges of an owner of any securities, including, but not limited to, the power to: (a) vote, give proxies, and 'to pay calls or assessments; (b) participate in voting trusts, pooling agreements, reorganizations, consolidations, mergers, and liquidations; (c) deposit securities with and transfer title to any protective or other committee under such terms as the Trustee may deem advisable; (d) exercise or sell stock subscription or conversion rights; (e) accept and retain as an investment any securities or other property received through the exercise of any of the foregoing powers; and (f) hold a security in the name of a nominee or in other form without disclosing the trust so that title may pass by delivery; D. To do any of the following without court approval: (a) sell, exchange, or liquidate any trust real or personal property, for cash or on terms, at public or private sale; (b) lease trust property or contract for terms within or beyond the term of the trust and for any purpose, including oil leases and pooling, unitization, re-pressurization, community, or other types of agreements relating to the exploration, development, and conservation of gas, oil, timber, and other minerals or natural resources; (c) abandon any trust property or interest therein; (d) grant an option involving disposition of any trust property and take or purchase an option for the acquisition of any asset; (e) partition, divide, subdivide, assign, develop, and improve any trust property; (f) adjust boundaries and create easements and servitude; and (g) dedicate land or easements to public use with or without consideration; E. To manage, control, improve, remodel, and repair any trust property, and to remove, demolish, or otherwise dispose of any improvements to trust real property; F. To pay taxes, assessments, and all other reasonable expenses incurred in connection with trust property or in administering the trust; G. To execute and deliver all instruments which are needed to accomplish or facilitate the exercise of the powers granted to the Trustee; H. To purchase, maintain, modify, renew, or cancel any: (a) medical, hospital, accident, long-term care, or disability income insurance on any trust beneficiary; (b) general liability insurance protecting the Trustee and any trust against third party claims; and Prepared by Law Office of JANE RAVER, 1131 E. Main a. #107 Tustin, CA 92780 Telephone (714) 730-9522 CERTIFICATE OF GASRIELSON FAMILY DATED 10/06/93 Page 4 (c) casualty insurance insuring the trust property against any loss or damage due to fire, theft, flood, earthquake, or other commonly insured hazard or risk; I . To receive and thereafter hold as part of the trust any proceeds of any life insurance, annuity, or other policy or contract, or any benefits of any retirement plan or trust, or any other property which may be legally designated for payment to the Trustee or for addition to the trust; J. To employ and remove any accountants, attorneys, investment counsel, real estate brokers, property managers, bookkeepers, consultants, custodians, auditors, appraisers, or any other agents the Trustee deems reasonably necessary for the proper management and protection of the trust or maintenance of proper accounts and records of the trust; to employ investment managers, investment agents, or other investment specialists as the Trustee deems necessary or desirable; to appoint an investment manager to manage all or any part of the assets of the trust, and to delegate to such manager investment discretion which is not inconsistent with the Trustee' s duties under this instrument or applicable law, including the power to acquire and dispose of trust assets without first obtaining the consent of the Trustee, K. To prosecute or defend actions, claims, or proceedings for the protection of trust property and the Trustee in the performance of the Trustee' s duties. Specifically, the Trustee shall have the power to renew, extend, compromise, arbitrate, adjust, and settle or release (with or without consideration) , any claim, debt, or obligation held by or asserted against the trust or which affects the trust property; to foreclose, extend the time of payment for, assign, partially release, or discharge mortgages, deeds of trust, security interests, and other liens; and with respect to deeds of trust, to execute subordinations, acreage or lot releases, and requests for partial or full reconveyance; L. To borrow, alone or jointly with others, any money for any trust purpose from any person, corporation, or financial institution, on such terms and conditions as the Trustee deems reasonable; to encumber trust property by mortgage, deed of trust, pledge, security interest, or otherwise, and to replace, renew, refinance, and extend any encumbrance and to repay loans or other obligations; and the power to guarantee the obligations of the Trustor or others individuals or entities on such terms and conditions as the Trustee deems reasonable; M. To do all such acts, take all such proceedings, and exercise Prepared by Law office of JAME BAUER, 1131 E. Main A. #107 Tustia, CA 92780 Telephone (714) 730-9522 CERTIFICATE OF GABRIELSON FAMILY DATED 10/06/93 Page 5 all such rights and privileges as could be done, taken, or exercised by an absolute owner of the trust property, subject to any limitations expressly set forth in this Agreement and the faithful performance of their fiduciary obligations . The Trustee' s powers also include all other powers and authority granted to Trustee under the California Probate Code, as amended from time to time. Dated: January 19, 2006 HELEN M. GABR ELSON STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On January 19, 2006 before me, t.� C� , personally appeared HELEN M. GABRIELSON, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal . A VERMA Commission#1427730 [Notary] 61MY Notary Public-Calitomia Orange,County Comm.Expires Jul 1,2007 Prepared by Law Office of JAMS BAVER, 1131 E. Main S5. #107 Tustin, CA 92780 Telephone (714) 730-9522 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development/Public Works SUBJECT: Approve Garfield & Delaware Intersection Improvement Project Land Purchase COUNCIL MEETING DATE: February 6, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorne Attached El Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pp Y Y Y) Not Applicable ® ' Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (if applicable) Not Applicable Commission, Board or Committee Re ort If applicable Attached p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached ❑ Findin 9 pP Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial t City Administrator Initial City Clerk ( ) 'EXP . ATION FOR RETURN ITEM: Only)(Below Space For City Clerk's Use RCA Author: HOLTZ/PUNONGBAYAN (5183)