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HomeMy WebLinkAboutProperty Acquisition - Acceptance of Easement Deed from B.G. a P l ,� Esc �� 't°p"5 Council/Agency Meeting Held: eo// /,--/ n.4 . ""-d'DPc.I Deferred/Continued to: , � 1 ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 16, 1997 Department ID Number: AS 97-026 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator ' PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator ✓ SUBJECT: PROPERTY ACQUISITION - GOLDENWEST RIGHT-OF-WAY Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status, ,frt Attachment(s) Statement of Issue: Under the terms of the Holly-Seacliff Development Agreement, dated April 11 , 1991, it is the City's responsibility to acquire the public right-of-way for all street widening within the Holly-Seacliff project. The parcel, as described below, needs to be acquired through escrow for the Goldenwest Street right-of-way widening between Ellis Avenue and Clay Street. Funding Source: Acquisition costs are to be paid by the Developer (PLC Land Company). No City Funds are required. Recommended Action: Approve the acquisition of AP #111-130-14, a necessary portion of the parcels needed for the Goldenwest Street right-of-way. Authorize approval of the escrow instructions. Accept the attached easement deed for the parcel described herein and authorize acceptance by the City Clerk with recording to follow through indicated escrow. Alternative Action(s): Do not authorize the escrow and the acquisition of this parcel and delay the widening and improvement of the Goldenwest street right-of-way. Analysis: The widening of Goldenwest Street right-of-way is an integral part pf the implementing of the Holly-Seacliff Development Plan from Ellis Avenue to Yorkto\;en Avenue. The precise street alignment was approved by Council on December 16, 1991 bycOrdinart #3217. cID • 1-4 ;. m CD 7=1. REQUEST FOR ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: AS 97-026 The Real Estate Services Division, together with outside legal services, Rutan and Tucker, has been actively negotiating with the owners of parcels within the various right-of-ways for the required parcels for several years since the inception of the Holly-Seacliff Project. Negotiations are based on independent appraisals. Since all costs are paid by the Developer, approval of financial terms by representatives of the developer is required. Finally, the City Council's approval of the terms of each purchase is required. Herein, an easement interest for public street purposes is being acquired in the amount of$31,700 Environmental Status: n/a City Clerk's Page Number 1. Escrow Instructions, Page 1 and 2. 2. Deed for acceptance, including legal and plat map. RCAGWRW4.DOC -2- 05/21/97 4:05 PM AUTHOR: !ma User In CITY OF HUNTINGTON BEACH `1' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 25, 1997 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find Deed No. 5639 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please conform the enclosed copy of the deed and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Deed 5639 - Williams Received by: < Date: Q c - -- �? (Telephone:714-536-5227) • 'iretkERICAIMIRE mum=CompAsw Order No. 9762636-11 Escrow No. 9762636M This office is exempt trom filing fee*under Government Code§6103. Recorded in the County of Orange,California No Tax Due Per cods 11922 Gary L.Granville, Clerk/Recorder WHEN RECORDED MAIL TO: 1111111111111111111111111111111111111111111111111111111 No F e e CONNIE BROCKWAY, CITY CLERK 19970357081 08:00am 07/29/97 004 389597 14 19 IB6 R OFFICE OF THE CITY CLERK E01 5 04 0.00 7.00 12.00 0.00 0.00 0.00 0.00 2000 MAIN STREET 0.00 0.00 HUNTINGTON BEACH, CA 92648 AP #111-130.14 + too/de4COPSfi /�I1 1/6/fT dF LthlY WM &W,V g EASEMENT DEED COLe r,I kiesr/E Js/ci y FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BOBBIE G.WILLIAMS AND VALLEE J. WILLIAMS, TRUSTEES OF THE BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS TRUST, UNDER TRUST DATED 10/20/77 hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated April 4, 1997 This document is solely, for the official business of the City of furt?r.,:'.on Beach, as oontem- ' ` plated undo: ;ov;rnuent Code lc . Williams rustee Sac. 6103 and should be recorded free of charge, Vallee J. Willie , Ttustee MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 APPROVED A S TO FORM: `r 2 LI GAIL iHUP'!'02.1. City Attorney Tax-Exempt-Government Agency By:. Deputy City Attorney CITY OF HUNTINGTON BEACH Connie Brockway, CMC BYi 44CierktiLer) (eclty uty City Clerk WC RENEWED 9Y "�� 'h1tB iitp{IpAli(`E t;QItPJ1ifY Order No. 9762636-; Escrow No. 9762636M This office is exempt trom tiling fees Under Government Code§6103. Recorded in the County of Orange,California NO Tax Due Per code 11922 Gary L.Granville, Clerk/Recorder WHEN RECORDED MAIL TO: II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII II III III No F e e CONNIE BROCKWAY, CITY CLERK 19970357081 08:00am 07/29/97 004 389597 14 19 IB6 R OFFICE OF THE CITY CLERK E01 5 04 0.00 7.00 12.00 0.00 0.00 0.00 0.00 2000 MAIN STREET 0.00 0.00 HUNTINGTON BEACH, CA 92648 AP #111-130T'14 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS, TRUSTEES OF THE BOBBIE G. WILLIAMS AM)VALLEE J. WILLIAMS TRUST, UNDER TRUST DATED 10/20/77 hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated April 4, 1997 This document is solely for the official !raciness of tho City of Hurtin5:;or. Bon.ch, as contem- plated undo:- :ovtrrrae.nt Code ie . limnsrustee Sec. 6103 and should be recorded free of charge. Vallee J. Willia , 4' ustee MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 APPEOVFJ) pS TO FORM: `r 2 LI 7 GAIL lib'Pr O?d. City- AttornuY Tax-Exempt-Government Agency By;, Deputy City Attorney CITY OF HUNTINGTON BEACH Connie Brockway, CMC pity City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-130-14 BEING THAT PORTION OF LOT 13 IN BLOCK "D" OF THE GARFIELD STREET ADDITION TO THE CITY OF HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST,SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP. CONTAINING AN AREA OF 2700 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. Q i0i0 04,1;, fr 1 f o. 19402 `' r I -- ALDEN & EXHIBIT "A" LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 111-130-14 CIV1I.ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-273-8 Date 11/18/93 18012 COWAN,SUITE 210 • IRVINE.CA 92714 714/660-0110 FAX:660-0418 Engr. D.C. Engr. D,W. Sheet 1 of 2 a EXtf1B1 T 73" p,• ) ,J ,r' ,..c..J.- .• 0 GARFIELD AVENUE NW GOR. SEC. 2, T. G 5., R. 11 W. S.B.B.M. 1 /30/ 12 11 10 9 8 ., ,+A., GO' iii. N28 �(,tJ. n • 13 J ! V' r 4 , \' f30X t•a WEST LINE OF NW 1/4 GC `V ` SEC. 2, T. G 5., R. 11 W., , '� 14 �,c ���`��r�� S.B.B.M. r (1 IAA 1 ICI . At) , il 1-- s?..s ,. ,, , v SCALE: 1'=100' z 15 1u LEGEND O 1 j// INDICATES AREA (.3 ,DESCRIBED HEREIN 16 I 1 1 Nykk,L. D EN SC EXHIBIT 'B' SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES AP. NO. 111-130-14 18012 COWAN. SUITE 210, IRVINE, CA 92714 W.O. No 0879 273-$ Date 11/18/60 (714) 860-0110 FAX: 660-0418 Engr. D.C. Chk. D.W. Sheet 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Yr'=�:-_ _ :•i:,:/_.-r._' ' ' .. G_ .^i-.:_•�� -..�::. :•_ _= :,---cG•. State of f� - ::4d'f /I t'� 0 0 (r' `i 8 County of . .� dile , ti OnL-b / 1e /997 before me,( /VZ/i7 K.. W S e� I D o Date / Name and Title of Office (e.g.,-Jane Doe,N ry P Ic') • 6 personally appeared 6.r/hb/ :, 6• et)r/�i rice S )- u0 /le f �,//i#-,i �s Name(a)of Signer(s) l 8 ❑personally known to me-OR- veal to me on the basis of satisfactory evidence to be the person(s) Q 0 whose name(s)is/ subscribed to the within instrument and acknowledge to me that he/sh: + -*executed the 0 0 same in his/he heir uthorized capac ' =s),and that by 8 0 - his/he heir igna igna ure(s)on the instrument the person(s), o. Art; or the nttf}+upon behalf of which the person(s) acted, 8 k\ ,j r ovit—� executed the instrument. o '. • / for A nprlrr t 8 miCalm Spivs Feb 19.WO WITNESS my hand and official seal. 8 0 1 it.f)Vhea,(- 5 ' /-ad_aipa &O i Signature of Notary Public k' I_I OPTIONAL it Though the infomration below is not required by law,it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. t Description of Attached Do ument A �� ,� ji ,. Title or Type of Document: L�c!C�/1W it: / itCLe L ti ` /`Document Date: 444L/ � Number ofages: 3 6 P - Signer(s)Other Than Named Above: A-! `� 0L 1 tl t\ Capacity(ies) Claimed by Signer(s) 0 Signer's Name: Signer's Name: o ❑ Individual ❑ Individual 0 0 Corporate Officer II Corporate Officer 6 0 Title(s): Title(s): 6 0 0 Partner—❑ Limited ❑General 0 Partner—❑ Limited ❑General 0 ❑ Attorney-in-Fact 0 Attorney-in-Fact 6 1 CI Trustee 0 Trustee 0 Rini I II ,N1161t1"TINT Rini- Ti itI k1RPE•ilr•ll' © Guardian or Conservator ,., Cl Guardian or Conservator ,I. ;i,l it 1 CIOther: Top of thumb here 0 Other: Top of thumb here t i \ Signer Is Representing: Signer Is Representing: o 1 oi 01094 National Notary Aesxciedon•8236 Rennet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7194 - Prod.No,5907 Reorder.Cat ToII.Free 1-800.876-6927 in CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK W J DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated April 4, 1997 from Bobbie G.Williams and Vallee J.Williams to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972. and the grantee consents to the recordation thereof by its duly authorized officer. Dated: June 23, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY ERK By. puty City Clerk g:lfollowup\deedcett 6/25/972deedcert:Williams/5639:jc (Telephone:714-536-52271 [, , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated April 4, 1997 from Bobbie G. Williams and Vallee J. Williams to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: June 23, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY C ERK exte By: puty City Clerk g:\followup\deedcert 6/23/971deedcert:Williams/5639:jc (Telephone:714-536-5227) EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-130-14 BEING THAT PORTION OF LOT 13 IN BLOCK "D" OF THE GARFIELD STREET ADDITION TO THE CITY OF HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP. CONTAINING AN AREA OF 2700 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. 0.4 Ifl� �=r ' rho. 19402 liAALDEN & EXHIBIT "A" LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 111-130-14 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-273-8 Date 11/18/93 18012 COWAN,SUITE 210 • IRVINE, CA 92714 714/660-0110 FAX:660-0418 Engr. D.C. Engr. D.W. Sheet 1 of 2 EXHIBIT, t. 13"..°tip , ,+,,., —3\/Cys ) et, r_ l' �'jJ A J J• �l�, GARFIELD A VENUE _J NW GOR. SEG. 2, T. G 5., R. 11 W. 5.B.B.M. I j 0/ 12 11 10 9 8 , lCJ• r+ �` 13 r.: !'`SJ\• co- �. i /l/, A`' 30' / / c) WEST LINE OF NW 1/4, G)' r`5J\ SEG. 2, T. 6 5., R. 11 W., , / 14 �,�� ��<��� 5.B5.M. I _��, ,c ` ��� ILI 4_1 }-- NI lac S o < nJ `nl <N. , ,\ ,, /v � . J \< SN \O \ ' \V 1CX`J \ $ l 8 15 SCALE: 1'=100' Q LEGEND �/ INDICATES AREA 00 16 / DESCRIBED HEREIN E a a 1 EXHIBIT 'B' ALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S O.CIATE S FOR ROAD PURPOSES AP. NO. 111-130-14 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-273-8 Date 11/18/93 (714) 660-0110 FAX: 660-0418 Enar. D.C. Chk. D.W. Sheet2__Of�_ • CALIFORNIA ALL-PURPO: ACKNOWLEDGMENT (�f�l./Jll.�llltllllllJlllJIl��ll/./lJ//lJJiflllll.�l�Jl./,-,..�.„./lll.C�lJf.�llll-1 1 ti State of ed4/, og4 £) County of ,(X �� "?1 (9 ) o On YI7ay / / , /�97 before me,�I"/M/ //� /S e. ID , 811 Date // // ,, Name and Title of Officer(e.g.,"Jane Doe,Notary Public") 1 tol personally appeared &tV6I/�. S. a.) f///arm S ). 0/lee_ t U,/�/n,--/y.'S k , Name(s)of Signer(s) 0 ❑personally known to me—OR— ved to me on the basis of satisfactory evidence to be the person(s) `1 whose name(s) is/ - subscribed to the within instrument and acknowledge• to me that he/sh-40executed the same in his/her uthorized capaci V es),and that by 0 his/he heirigna ure(s)on the instrument the person(s), 0 ''. CT?4U'MR.PMlCAIc,O or the tt y upon behalf of which the person(s) acted, 0 ; " '�� � executed the instrument. . Notcry Pubic—Calicsn1/41 MYO rrtrn•Expires Feb 119.2000 WITNESS my hand and officia \) - ,v_1:11;. -a,% /9l seal. a.\ \\ , 0 \ Signature of Notary Public 1 111 OPTIONAL ,0, Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent `1 1 fraudulent removal and reattachment of this form to another document. lllllll 0 L 8 Description of Attached Do ument o �.n^ G t Title or Type of Document: G /fa-mot.✓ /I 0 Document Date: ' ' / '9'q Number of Pages: V 0 Signer(s) Other Than Named Above: ✓ 01 Capacity(ies) Claimed by Signer(s) 00 Signer's Name: Signer's Name: ❑ Individual '❑ Individual 0 ❑ Corporate Officer ❑ Corporate Officer 0 Title(s): Title(s): 0 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 8 ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT 0l ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER 0l ❑ Other: Top of thumb here ❑ Other: Top of thumb here ll 1 0l 0 1 1 Signer Is Representing: Signer Is Representing: 0 k.11./l/Ill.�fl�lllfltl�lrlllllll. ./lllllfflJ./llrlllfllll�lllll.�J�l./llfllffoo, ©1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Order No. 9762636-AS Escrow No. 9762636M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 AP #111-130P14 EASEMENT DEED - t 0 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, -•.r-- BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS, TRUSTEES OF THE BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS TRUST, UNDER TRUST DATED 10/20/77 hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated April 4, 1997 This document is solely for the official business of the City of Huntin>;'.on Bosch, as contem— � • plated u`dor government Code Z[ ri o ie Williams. rustee Sec. 6103 and should be recorded `'G%��-f� 'free of charge. Vallee J. Willia , stee MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 (1\,.._, APP:RovHD AS TO FORM: `S L 7 7 GAIL HUT TON, City Attorney Tax-Exempt-Government Agency By:. Deputy City Attorney CITY OF HUNTINGTON BEACH Connie Brockway, CMC Clerk(BYE (ècitY �uty City Clerk 4 A '`J First American Title Insurance Company 114 EAST FIFTH STREET, (P. 0. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 a�0 /Offs ESCROW INSTRUCTIONS BUYER TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF $31,000.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY BUYER WILL HAND YOU PRIOR TO CLOSE OF ESCROW $31,700.00 TOTAL CONSIDERATION $31,700.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for us an Easement Deed executed by: BOBBIE G. WILLIAMS and VALLEE J. WILLIAMS and when you can issue your standard coverage form policy of title insurance with liability of$31,700.00 as issued through FIRST AMERICAN TITLE INSURANCE COMPANY, on the following described property situated in the City of Huntington Beach, County of Orange, State'of California: (legal attached) SHOWING TITLE VESTED IN: The City of Huntington Beach, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. ALL General and Special Taxes for fiscal year 97-98. 2. The lien of supplemental taxes which may be assessed as a result of revised assessed values. 3. Assessments and/or bonds - None. 4. Covenants, conditions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. ADDITIONAL TERMS AND CONDITIONS: Prorate and/or adjust the following as of close of escrow only as to Item(s) No. (N/A). 1. Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow). Sellers are to forward to buyers any present or future tax bills on property herein. 2. Homeowners Association Dues. We hereby agree to pay charges including all of buyers escrow fee and any advances and expenses that are properly chargeable to us regardless of the consummation of this escrow. We also agree to pay the policy of title insurance premium. TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS: If this escrow is not in a condition to close and demand for cancellation is received by you from any party to this escrow after said date, you shall act in accordance with the cancellation instructions contained in the General Provisions set out in Schedule "A" attached hereto. If no demand for cancellation is made, you will proceed to close this escrow when the principals have complied with the escrow instructions. ESCROW OFFICER ESCROW NO.: 9762636M KATHERINE M. SOTO DATE: April 3, 1997 PAGE 1 ESCROW INSTRUCTIONS THE GENERAL PROVISIONS SET OUT IN SCHEDULE "A" ATTACHED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: THE CITY OF HUNTINGTON BEACH, a municipal corporation ACPIA121tA (47// 4 BY: iR4LPM 8,41.te2 ('^Avo2 MAILING: 2000 Main Street, Huntington Beach, CA 92648 a — /� �,�� �/z FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 C, SELLER We approve of the foregoing instructions and agree to sell and will deliver to you papers, instruments and/or funds required from us (within the "time limit date" specified herein), which you are authorized to deliver when you can issue your policy of title insurance as set forth above. We agree to pay any personal property taxes property chargeable to us. You are instructed to use the money and record the instruments, to comply with said instructions and to pay all encumbrances of record necessary without further approval to show title as herein provided. We agree to pay such charges which are advanced for my account regardless of the consummation of this escrow. SELLERS SIGNATURE: BOBBIE G. WILLIAMS VALLEE J. WILLIAMS ESCROW OFFICER ESCROW NO.: 9762636M KATHERINE M. SOTO DATE: April 3, 1997 PAGE 2 ro I/471 CI /11 d- OIL Ct7tx_, mc+- c.tk4v1 Eggs 4z reclin4t) T7G2 -711 `1L L �- ap w-t. . 0..11-„24911997 08:54 71437e --1 CITY OF HUNT OH PAGE e5 TEMPORARY CONSTRUCTION EASEMENT APN# 110-210-03,0 (Niccoli) Escrow 1F9762704-M This temporary construction easement permits City of Huntington Beach ("City"), and its officers, agents, employees and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description attached as Exhibit A, as deemed reasonably necessary for all purposes incidental to reconstructing and widening Garfield Avenue ("Project") in accordance with street improvement plans approved by City for the Project Such incidental purposes shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or meeting or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, constructing sidewalks, or such work as may pertain to on-site improvements. This temporary construction easement shall also include the right to perform any necessary excavation, grading, earth fill, compaction, installation of concrete forms, utility, fence and sign relocation, private drainage facilities, all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. The rights granted hereunder shall commence 2 days after notification to the property owner and shall continue in full force and effect until 12 months after notice, but in no event shall continue past May 1, 1998. Upon termination of this temporary construction easement, the temporary construction easement area shall be restored to a condition that is reasonably equivalent to its condition prior to the commencement of the work. This temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, or to block all vehicular access to the larger parcel of property of which this temporary construction easement is part. In connection with the exercise of this temporary construction easement rights hereunder, City shall protect and preserve all structures on the temporarytconstruction easement area in place, and shall protect or restore all improvements thereon to a condition that is reasonably equivalent to its condition prior to the commencement of the work. By: Date: L��C Signature of Owner C�� Print Name 'APPROVED AS TO FORM:i GAIL HUTTON,,, City Attorney By:. Deputy City Attorney �JZ2-I q? 04/2a11997 08: 54 71437, '1 CITY OF HUNT ---CH PAGE 06 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A.P.NO. 110-210-03 & 10 BEING THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34 TOWNSHIP 5 SOUTH,RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE RANCHO LOS BOLSAS, AS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 13, MISCELLANEOUS MAPS OF SAID COUNTY IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN DEEDS TO MICHAEL WAYNE NICCOLE AND GARY RICHARD NICCOLE FROM VIOLET MCKEE AND GRANT LLEWELLYN MCKEE, TRUSTEES, RECORDED DECEMBER 29, 1978 AS INSTRUMENT NO. 39265 IN BOOK 12982, PAGE 637 OF OFFICIAL RECORDS AND FROM DENNIS NICCOLE, RECORDED MARCH 19, 1981 AS INSTRUMENT NO. 25687 IN BOOK 13987, PAGE 1113 OF OFFICIAL RECORDS, BOTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, LYING WESTERLY OF A LINE PARALLEL WITH AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF_ ALDEN & EXHIBIT"A" -LEGAL DESCRIPTION SSOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 110-210-03 & 10 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-396-1 Date 4/23/97 18012 COWAN,SUITE 210 • IRVINE, CA 92714 Engr. D.C. Chic. D.W. Sheet 1 of 2 714/660-0110 PAX:660.0418 -04/29/1997 08:54 71437e 1 CITY OF HUNT OH PAGE 07 t — r EXHIBIT AB" NE GOR., 5E 1/4, SEC. 34---\s ELLIS AVENUE --\ ,:y rr� 53Y I / 5!5 j. 30' 25' f—/- BOOK 406, PAGE 284, EAST LINE OF SE 1/4, DEEDS SEG. 34, T. 5 5., R. 11 W., .� 5 b.81'1. ��U• INST. NO. 39265, I v. • ,4v ‘�TV 12982/637, OR. ")� --495' 1. �� ti �•a,, ,A'f INST. NO. 25687, 15. / f- ( 1•h �. • _ 13987/1113. O. 8 N kn '/ AREA J DESCRIBED HEREIN I I I 1 I 0 D ii <3 g 1 i 8 g SCALE: 1'=100' ExHIBIT 'I3 NytilALDEN & SKETCH TO AGGOHPANI' A LEGAL DE5CRIPTION SSOCIATES FOR TEMPORARY CONSTRUCTION EASEMENT AP. NO. 110-210-03. 10 r. 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-3%-1 Date 4/23/97 1714) 860-0110 FAX: 660-0418 cr,nr D.G. C:hk_ D.W. Sheet 2 .Of 2 fr AMER _3 ..._-:,-,,,;;;""eipiroi;-z . Ar 000 0, I R . � �„ ly.........e, O-� STATE OF CALIFORNIA }ss. COUNTY OF ©at6E } On 411 gI (`)I°t 7 , before me, Vorapoj.Suppipat,Notary personally appeared itteo L v Q Nt e& 1.i>.D , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name`) is/are subscribed to the within instrument and acknowledged to me that he/Ore/tlaey executed the same in hisilwiiithreir authorized capacity(ies), and that by his/lam/tlite'ir signature(*on the instrument the person(s)or the entity upon behalf of which the person(8racted, executed the instrument. WITNESS a d and o' :I seal. �"` , VORAPOJ SUPPIPAT4 Signature ,� ( 4 COMM...1046108 o 1 ,, NOTARY PUBLIC-CALIFORNIA —I I � � �� ORANGE COUNTY mJ 11 ��ns- My Term Bm.Dec.1 1998 (This area for official notarial seal) Title of Document fa e0�' Q oP fi1 Date of Document f S� �7 No. of Pages 3 signatures not ack owledged Na'bJe- 3008(1/94) (General) First American Title Insurance Company