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HomeMy WebLinkAboutProperty Acquisition - Acceptance of Easement Deed from Mich (2) Order NO. 9636369-J Escrow No. 9762704M i;E:�.'aat4ii,".i;: E,t? PM AMMAN itiMIANKECOUPPO WHEN RECORDED MAIL TO: TES ORIMAL DRUM WAS SCAM 4,0 ELEC-TRRnM;.:; qr.f..10r:Cirrd CONNIE BROCKWAY, CITY CLERK JUL 1 4 1997 OFFICE OF THE CITY CLERK 1QO �� G 2000 MAIN STREET Document No. ! l 1 7 0 32 0 Z D T First American Title Insurance Co HUNTINGTON BEACH, CA 92648 AP JI110-.210-03,10 This othse is exec toes ding EASEMENT DEED -s/ E7� c '-�t .."'�- tea.under G e nment Code§6103. No Tax Due Per code 11922 C FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 4 T`6/3 MICHAEL WAYNE NICCOLE AND PENNY D. NICCOLE, AS TRUSTEES-_OF THE NICCOLE FAMILY TRUST CREATED U.T.D. NOVEMBER 13, 1995; GARY RICHARD NICCOLE, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY; GARY R. NICCOLE AS TRUSTEE OF THE GARY R. NICCOLE SEPARATE PROPERTY TRUST DATED SEPTEMBER 11, 1996 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 May 5, 1997 This document is solely for 'the official b,.? iiness of the City of iluntin; tcn ;each, as contem- plated L. ::;.G.r C )v, rnsvant Code ael Wayne Niccole rus1� Sec. 6103 and should be recorded free of charge. • Penny D. Nicco t- ` APPROVED AS TO FORM: ' GAIL IHUT.TO_,,, City Attorney C -ary ' I dM By Deputy, City Attorney Gary ' ' iccole, Trustee c�Z 3. !1-7 Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH MAIL TAX STATEMENTS AS DIRECTED TO: Connie Brockway, CMC City Cler 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 By: eputy City Clerk r EXHIBIT "A" 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 A 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 DEED TO MICHAEL WAYNE NICCOLE AND GARY RICHARD NICCOLE FROM VIOLET MCKEE AND GRANT LLEWELLYN MCKEE, TRUSTEE, 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, LYING EASTERLY 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. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR ROADS, RAILROADS AND DITCHES, RECORDED JULY 19, 1905, IN BOOK 91, PAGE 134 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. CONTAINING AN AREA OF 1760 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. EXHIBIT "8" NE cog., SE 1/4, SEC. 34 —\ _ ELLIS A VENUE ti N 1 i 4 .3 bS.. 00 ..s., r cy I ` 55 i, 50 I' / 30'/ , 25' 1 / / EASEMENT FOR ROAD PURPOSES PER BOOK al, PAGE 134, DEEDS BOOK 40G, PAGE 284, FAST LINE OF SE 1/4, DEEDS 25' 5EG. 34, T. 5 5., R. 11 W., ���• -. INST. NO. 34265, f 55� I ' `)�.N. .�L'4 ' " 12482/637, OR. .iv �•a '� INST. NO. 25687, 17�tr !I • 13987/1113, OR. gam I ,7" INDICATES AREA a DESCRIBED HEREIN M i-- .--�' v J w �4 I I i I g I ; N 0 1 ,!, SCALE: 1'=100' , I MINT 'B' AWIDEN Sc SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S FOR ROAD PURPOSES ' 'AP. NO. 110-210-03, 10 18012 COWAN. 9UiTE 210, IRVINE, CA 92714 W.O. No 0879 273-4 Date 04/24/43 1 (714) 680-0110 FAX: 860-0418 . Engr. D.G. Chk. DM, Sheet_g_Of 2 , (L} California All-Purpose Acknowledgment State of California County of Orange On / 4? " /c 5) before me, James T. Duncan, Notary Public, DATE personally appeared, % `t• Aid C FNAME(S)OF SIGNER(S) ❑ personally known to me- or- ® proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) i / are subscribed to the within instrument and acknowledged)o-me that '/ she / they executed the same in Otis)/ er / their authorized capacity j A A n-�n_ivA.A.�„. (ies), and that by ks /her/their signature (s) on the JAMES T. DUNCAN instrument the person (s), or the entity upon behalf ` NOTAROY P B Cl CALIFORNIA of which the person (s) acted, executed the ORANGE COUNTY• •• My Comm xpi Eres Feb.9,z000 instrument. Witness my hand and official seal. (1):1 SIGNATURE OF NOTARY PUBLIC OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and prevents fraudulent reattachment of this form. Capacity Claimed by Signer Type or Title of Document Individual(s) LISP--.-11/ ❑ Corporate TITLE OR TYPE OF DOCUMENT Number of pages: TTTLE(s) Date of Document: il' ❑ Partner(s) El General ❑Limited Signer(s) Other Than Named Above: ❑ Attorney-in-Fact /Yc '((uei .p /Y c r0 ❑ Guardian/Conservator ' /v c ` c if ❑ Trustee(s) ❑ Other: Signer is Representing • Name of Person(s)or Entity(ies) I • CALIFORNIIAALL-PURPO:_ ACKNOWLEDGMENT . v/�q, ,LL,•S. . . .: /� _ ... - .- ,..C,•:!Cr,w,.. - :. ... - .^.Y.'t T-.r•I, l� 4 State of Clut Flo t -PI . p G 9 4 County of 0 • �e g (q7 q Vorapo/Suppipat Notary On µ�� before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") < personally appeared M(ellil— \N ' to e f2-e*e i-12o4Ct ell'• t el- A • P LL1.E ,z) 4 Name(s)of Signer(s) 9 4 ❑ p rsonally known to me .4 4 proved to me on the basis of satisfactory evidence >> ai i to be the person(s) whose name(s)jat'are subscribed to the A within instrument and acknowledged to me thatfxe/kh /they executed the same in,is/laer/their authorized capacity(ies), 'k << i VORAPOJ SUPPIPAT/ and that by.1*s/I�er/their signature(s) on the instrument the ri) [7 person(s), or the entit u on behalf of which the erson s � 4 I- a,:� �,�.>`: r:. COMM...1046108 COn Y P O �� �� `- Jv• NOTARY PUBLIC-CAUFORNIA -I acted, ex ted the ins u ent. m ' ' ORANGE COUNTY (,l sA iMy Term Exp.Dec.1 1998 1 1 aA q _ _ WITNE m hand and o icial seal. �� <<. Signature of N a Pu tic Ce OPTIONAL ? 4 Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 'A ifraudulent removal and reattachment of this form to another document. :: Cc t 4 Description of Attached Document 4 Title or Type of Document: •E_-Re4-5 _D=e> e,, q Document Date: tidi ' ! t 't1 Number of Pages: Vie':. 4 Signer(s) Other Than Named Above: 0:4 R-- Ntee°d 9e. >j fie, Capacity(ies) Claimed by Signer(s) K i !, J � Teo ��. Signer's Name: K(CK {- �. N(c'eo E Signer's Name: � ''t-'� I'k 'i i<; ❑ Individual ❑ Individual (t ❑ Corporate Officer ❑ Corporate Officer ,14 4 Title(s): Title(s): 4 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General k Ce. 0/Attorney-in-Fact 0/Attorney-in-Fact e (. © Trustee g7 Trustee 4<< ❑ Guardian or Conservator RIGHT THUMBP OF SIGNERRINT SIGNERRIM El Guardian or Conservator RIGHTOFSIGNERRINT P 4 ❑ Other: Top of thumb here ❑ Other: Top of thumb here 4� ri % Signer Is Representing: Signer Is Representing: Ce s 9 e.,.•.�._... `,..‹. .. yti .K S `�% ' ._ y - - - ^ .' ��- `- .� - �_..,,_.. - - - t b 1996 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 rb 7,, in CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 1t`5 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated May 5, 1997 from Micahel Wayne Niccole and Penny D. Niccole, as Trustted of the Niccole Family Trust and Gary Richard Niccole, of the Gary R. Niccole Separate Property Trust 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 25, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY -RK eit-LeJ By: !- . •uty City Clerk 6/25/971 deedcert:Niccole/5640:jc (Telephone:714-536-5227) in CITY OF HUNTINGTON BEACH `0) 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. 5640 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. 671-g-it 141(jr Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Deed 5640 - Niccole Received by: Jy Date: 06 - 2 E 9'1 (Telephone: 714-536-5227) • !A\ l City Clerk's Office -- Records Division e- _1 7 -, File Guide --New and Existing Files ' = Category Label Meeting Date: 9• 7 so.go Pro pe,r+ u 'o n — -cc -a,nc_e, &SC m e rri" (Alpha) (Numeric) / e241 DYVI mi All`e� n /�ar W /e - Co denc0e-CF rt �,fi-o�-Wa W 16ia 1d enw�Sfi 9 \\ puYc,u0\nfi d �1` 4�� . 1)\.e.\/ r -- eLL caliblg7 Existing File: New File - See: After File Folder is Completed, please check here 0 and return this form to Evelyn. i (9) 06/16/97 - Council/Ag y Agenda - Page 9 r E-14. (City Council) Final Tract Map No. 14740 Of Tentative Tract Map No. 14740. With Bonds And Agreements - Seabridge Subdivision - Beach Boulevard. s/Adams Avenue - 1. Approve Final Tract Map No. 14740 and accept the offer of dedication and improvements and bonds (Insurance Company of the West) pursuant to findings and requirements Attachment No. 1 To The Request For Council Action dated June 16, 1997; and 2. approve Subdivision Agreement between City and Seabridge Group, LLC and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] E-15. (City Council) Notice Of Completion -C.T.& F.. Inc. -Traffic Signal At Florida Street And Garfield Avenue -CC-1025 -Accept the improvements to the Florida Street and Garfield Avenue Traffic Signal completed by C.T.& F. Inc.; ftir.a final contract cost of$57,662.89 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)J E-16. (City Council) Property Acquisition -Acceptance Of Easement Deed From B.G. &V.J. Williams - Goldenwest Street Right-Of-Way - Pursuant To Holly- Seacliff Development Agreement- PLC Land Company -AP No. 111-130-14 & Approval Of Escrow Instructions -Approve the acquisition of AP No. 111-130-14, • e/Goldenwest s/Garfield, 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. Submitted by the Deputy City Administrator-Administrative Services Director • [Approved 6-0 (Harman: Absent)] E-17. (City Council) Property Acquisition -Acceptance Of Easement Deed From Michael/Penny/Gary Niccole - Goldenwest Street Right-Of-Way w/Goldenwest, s/Ellis - Pursuant to Holly-Seacliff Development Agreement -(PLC Land Company) -AP No. 110-210-03.10 &Approval Of Escrow Instructions -Approve the acquisition of AP No. 110-210-03,10, a necessary portion of the parcels needed for the Goldenwest Street right-of-way. Authorize approval of the escrow instructions by Real Estate Services. Accept the attached easement deed for the parcel described herein and authorize acceptance by the City Clerk with recording to following through indicated escrow. Submitted by the Deputy City Administrator-Administrative Services Director [Approved 6-0 (Harman: Absent)] E-18. (City Council) Resolution No. 97-37 -Supports Legislative Initiatives & Other Policies Regarding Waste Diversion Resource Reduction & Recycling - Pursuant to AB 939 -Adopt Resolution No. 97-37 - "A Resolution Of The City Council Of The City Of Huntington Beach As A Member Of Southern California Association Governments To Support Legislative Initiatives And Other Policies Pertaining To Waste Diversion, Resource Reduction And Recycling." Supports the recommendations of the SCAG Solid Waste Task Force. Submitted by the Public Works Director [Removed from Agenda] IYl (9) C .4547 ,1) 41Le 'F j Council/Agency Meeting Held: G//4/97 Deferred/Continued to: 7 0 Approved ❑ Conditionally Approved ❑ Denied , a City Clerk's Signature -o Clx - a� �2_ . Council Meeting Date: June 16, 1997 Department ID Number: AS-97-045 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, , 'N(. Attachment(s) 426Z? 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 #110-210-03,10, a necessary portion of the parcels needed for the Goldenwest Street right-of-way. Authorize approval of the escrow instructions by Real Estate Services. 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 pit c the implementing of the Holly-Seacliff Development Plan from Ellis Avenue to Yorktowg�4v nue. The precise street alignment was approved by Council on December 16, 1991 by Ordinc #3217. 3 r- \ REQUEST FOR ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: AS-97-045 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$21,100 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. RCAGWRW2.DOC -2- 05/27/97 11:56 AM AUTHOR: Ima User 1-1 g CITY OF HUNTINGTON BEACH 311 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. 5640 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 5640 - Niccole Received by: Date: (Telephone:714-536-5227) [,, , . CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK JuneX n 997 aitly4 I Gary L. Granvi e, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 9.702 Enclosed please fin. Deed No. 5640 to be recorded and returned to the'City of Huntington Beach, Of 'ce of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please conform the enclo'ed copy of the deed and return to this office in the enclosed self-addressed stamped en elope. 6z,/, 0,6e Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Deed 5640 - Niccole (Telephone:714-536-5227) d 7, tin.. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated May 5, 1997 from Micahel Wayne Niccole and Penny D. Niccole, as Trustted of the Niccole Family Trust and Gary Richard Niccole, of the Gary R. Niccole Separate Property Trust 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 25, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY C ERK By: gtzte puty City Clerk g:\followup\deedcert 6/25/ c (Telephone:714-536-5227) n' Order No. 9636369-AS Escrow No. 9762704M WHEN RECORDED MAIL TO: ' CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 AP .#110-.210-03,10 EASEMENT DEED (1/401 ' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL WAYNE NICCOLE AND PENNY D. NICCOLE, AS TRUSTEES OF THE NICCOLE FAMILY TRUST CREATED U.T.D. NOVEMBER 13, 1995; GARY RICHARD NICCOLE, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY; GARY R. NICCOLE AS TRUSTEE OF THE GARY R. NICCOLE SEPARATE PROPERTY TRUST DATED SEPTEMBER 11, 1996 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 May 5, 1997 This document is solely for the official b«r•,.ness of the City (�� of Hunti^ ;tcn Poach, as contem— plated i---:::cr C v :rnment Code we' Wayne Niccole rus� Sec. 6103 and should be recorded J, /' . , free of chard©. • U c l �a Penny D. Nicco - r / .0, APPROVED AS TO FORM: , -.. GAIL HUTTON,,, City Attorney aryP. Ard 411111Pv By,.:i Deputy, City Attorney .. -- G. ' . •'iccole, Trustee cp-3 1 17 Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH MAIL TAX STATEMENTS AS DIRECTED TO: Connie Brockway, CMC City Cler 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Bp eputy City Clerk ' •1 , EXHIBIT "A" 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 A 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 DEED TO MICHAEL WAYNE NICCOLE AND GARY RICHARD NICCOLE FROM VIOLET MCKEE AND GRANT LLEWELLYN MCKEE, TRUSTEE, 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, LYING EASTERLY 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. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR ROADS, RAILROADS AND DITCHES, RECORDED JULY 19, 1905, IN BOOK 91, PAGE 134 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. CONTAINING AN AREA OF 1760 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. ' ' 4 • Y' EXHIBIT "B" NE COR., SE 1/4, SEG. 34—\ ._ ELL1S AVENUE '41\ I .1 • tbo •1.c,,, c,`x I / 55' j, .4,t,fir,• 1 50' I `'`,',3 a, ` / �►' /0/ 25' I / EASEMENT FOR ROAD PURPOSES PER BOOK 91, PAGE 134, DEEDS BOOK 40G, PAGE 284, EAST LINE OF SE 1/4, DEEDS 2 5 r SEG. 34, T. 5 5., R. 11 W., 5.B.B M. lk• INST. NO. 39265, ��, V. • 'ri '3'` 12952/G37, OR. `'� \ j3o' 55/INST. NO. 25687, '�' `'#'I 0_ % 13987/1113, OR. \ 8' LEGM 'jj � OVIGATES AREA �� DESCRIBED HEREIN MI l v z J 4 r - g t .. 1 I �� ivo , il , SCALE: 1'=100' f7Ji15IT 'B' NylitALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S FOR ROAD PURPOSES ' 'AP. NO. 110-210-03, 10 18012 COWAN. SUITE 210, IRVINE, CA 92714 W.O. No O879-27,3--0 Date OV2v93 RR\ M t dl aan—n i in Faze en0-0418 . c.,.,.. D_C_ rht, D_W_ Sheet 2 Of 2 C) California All-Purpose AcknrT�'edgment ' ' .'F 1 , - State of California County of Orange On -'d-? 'd. /5 S 7 before me, James T. Duncan, Notary Public, DATE personally appeared, �. e,7 fC. /V cc,4 , AME(S)OF SIGNER(S) ❑ personally known to me- or- E proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) iJ/ are subscribed to the wi in instrument and acknowledged o-me that (late'/ she / they executed the same in this)/ er / their authorized capacity N A��-��� A. ..., A A A (ies), and that by /her/their signature (s) on the ' JAMES T. DUNCAN k ii instrument the person (s), or the entity upon behalf �° COMM.#1080832 NOTARY PUBUC-CALIFORNIA g of which the person (s) acted, executed the :� My Com .Expires Feb.9,2000 ORANGE COUNTY • instrument. Witness my hand and official seal. 9" SIGNATURE OF NOTARY PUBLIC OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and prevents fraudulent reattachment of this form. Capacity Claimed by Signer Type or Title of Document iil' Individual(s) C21Se 4c,i ❑ Corporate TITLE OR TYPE OF DOCUMENT Number of pages: , TITLE(S) Date of Document: ,-, f 1 ❑ Partner(s) ❑General ❑Limited Signer(s) Other an Named Above: / ❑ Attorney-in-Fact ❑4, b• ,A.J.ccu(e Guardian/Conservator ❑ Trustee(s) ❑ Other: Signer is Representing • Name of Person(s)or Entity(ies) 0 1\11 . CALIFORNIA ALL-PURPO..... ACKNOWLEDGMENT ( State of u.Fc' PI�!. ( l County of 0o 11 ( On r`� ' (cl 7 before me, Vorapoj Suppipat Notary ) Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") j personally appeared MIP.�( S- \N ' ° 1'E t2o4(t - t-43.9 ef.EUI _D• P(2CIDI.E t0sc4 t Name(s)of Signer(s) ❑ pflsonally known to me ) ( Vproved to me on the basis of satisfactory evidence ( ) to be the person(s)whose name(s)Ware subscribed to the ) ( within instrument and acknowledged to me thathe/i e/they ( -- executed the same in,1 s/laer/their authorized capacity(ies), ( a� VORAPOJ SUPPIPATI and that by la;s/her/their signature(s) on the instrument the a COMM...1046108 owperson(s), or the entity u on behalf of which the person(s)rj U r� r,J 0 NOTARY PUBLIC"CALIFORNIA -I acted, ex ted the ins u ent. GOt„T My erm GE COUNTY 8 (O ) 9 _ _ WITNE m hand and o icial seal. ( , Signature of N a Pu lic OPTIONAL ( Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ) ( fraudulent removal and reattachment of this form to another document. ( ) 1 _ Description of Attached Document 3, F• Me ( Title or Type of Document: ( ) Document Date: Ril b ) tRect Number of Pages: J. Signer(s) Other Than Named Above: 01. R' N(edob.t Ca acit ies Claimed bySigner(s) ( p Y�• ) ) Signer's Name: K(eR - 'j N(CeokE Signer's Name: (FL-1 ° V►eeol:k J. ( l ❑ Individual LI Individual J ❑ Corporate Officer ❑ Corporate Officer j Title(s): Title(s): ( ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 0/Attorney-in-Fact ❑,Attorney-in-Fact ( © Trustee 2" Trustee ) RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER ) i ❑ Other: Top of thumb here ❑ Other: Top of thumb here ) ( ) ( ( ) Signer Is Representing: Signer Is Representing: 1 ( ) ( ) ( - ) ©1996 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 ib & [11: 1 UI{N c. A e '` , Firs American Title Ins , .,rnce Company •'* . 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 (714Z558-3211 Ns�Ater- ESCROW INSTRUCTIONS BUYER RECEIVED � TO: FIRST AMERICAN TITLE INSURANCE COMPANY %Tr t I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOT•''', a NSIDERA OI OF$21,100.00 AND WILL ON OR BEFORE JUNE 23, 1997 HAND YOU SAID CONSIDERATION W- lierairjaPP. E AS FOLLOWS: ESCROW SUMMARY BUYER HAS DEPOSITED BROKER HAS DEPOSITED FOR ACCOUNT OF BUYER BUYER WILL DEPOSIT WITH SIGNED ESCROW INSTRUCTIONS BUYER WILL HAND YOU PRIOR TO CLOSE OF ESCROW $21,100.00 BUYER PAID SELLER OUTSIDE ESCROW(RECEIPT ACKNOWLEDGED BY SELLER) DEED OF TRUST OF RECORD DEED OF TRUST OF RECORD DEED OF TRUST TO RECORD DEED OF TRUST TO RECORD PURCHASE MONEY ENCUMBRANCE • 1, TOTAL CONSIDERATION $21,100.00 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: Michael W. Niccole, Trustee, Penny D. Niccole, Trustee and Gary R. Niccole and when you can issue your standard coverage form policy of title insurance with liability of$21,100.00 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: Seller's proceeds shall tie distributed by check to each owner as their interest appears of record. ESCROW OFFICER ESCROW NO.: 9762704M KATHERINE M. SOTO DATE: April 22, 1997 PAGE 1 C'1�. n.r i . .N " .1, t1-''N S (, ;t ESCROW INSTRUCTIONS 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 (lie policy of title insurance premium. TINI1s 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. THE GENERAL PROVISIONS SET OUT IN SCITEDULE "A" A'I-FACIIED 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. CITN--0 y 1IN' INA;PbNXACH, a municipal corporation By: Nsayer# t-na n/j- Ca A6,,I" MAILING: 2000 Main Street, untington Beach, CA h2648 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 SELLER a71e,5 /2,9YeR-7-e e- /fE�Ry C4� Cl,,-K 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 consumtnati rrt of this escrow. SELLERS 03NATVRE: \ -41:`` ESCIZOW OFFICER KATIIERINE M. SOTO ESCROW NO.: 97627044 DATE: April 22, 1997 PAGE 2 }3 L Order No. 9636369-AS Escrow No. 9762704M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 • AP ##110-.210-03,10 EASEMENT DEED (0 i D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,' MICHAEL WAYNE NICCOLE AND PENNY D. NICCOLE, AS TRUSTEES OF THE NICCOLE FAMILY TRUST CREATED U.T.D. NOVEMBER 13, 1995; GARY RICHARD NICCOLE, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY; GARY R. NICCOLE AS TRUSTEE OF THE GARY R. NICCOLE SEPARATE PROPERTY TRUST DATED SEPTEMBER 11, 1996 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 May 5, 1997 This document is solely for the j,,.. official bur5ness of the City �i of Hunt3^.:;tcn Boesch, as contem— i�r �� plated L.- ::cr ;:,,vz:rnme.nt Code -••ael Wayne Niccole rus� Sec. 6103 and should be recorded LtillikI c /' I- ,a free of charge. Penny D. Nicco : 4i / �• APPROVED AS TO FORM: 4 GAIL HUTTON,,, City Attorney imomrd ON By,.:] Deputy, City Attorney i -- G. ' . iccole, Trustee 'cf 1 3!c', Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH MAIL TAX STATEMENTS AS DIRECTED TO: Connie Brockway, CMC City Cler 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 By: eputy City Clerk - EXHIBIT "A" 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 A 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 DEED TO MICHAEL WAYNE NICCOLE AND GARY RICHARD NICCOLE FROM VIOLET MCKEE AND GRANT LLEWELLYN MCKEE, TRUSTEE, 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, LYING EASTERLY 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. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR ROADS, RAILROADS AND DITCHES, RECORDED JULY 19, 1905, IN BOOK 91, PAGE 134 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. CONTAINING AN AREA OF 1760 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS AND LEASES OF RECORD, IF ANY. • •• _. , EXI-tIDIT " NE COR., SE 1/4, SEG. 34----\ _ ELLIS AVENUE ''N .I c • On 4 "ay5.. a �^• 4. , .,. t„ 0 `' 30' , / / 25' I / ! EASEMENT FOR ROAD PURPOSES / PER BOOK 91, PAGE 134, DEEDS BOOK 406, PAGE 284, EAST UNE OF 5E 1/4, SEG. 34, T. 5 5., R. 11 W.,DEEDS 25' • 00 i / 5.8.BM. �� '`.•, INST. No. 39265, ., / 64 '��' 12982/637, OR. I,' 4�. I-•i• �� 41, 495' 30 I-- 5�^�� � co 'a�J, 0 INST. NO. 25687, 12 17 �' ,/t .. 13g87/1113, OR. 8 N 1EG , _ 7 / INDICATES AREA • o /�/ DESCRIBED HERLTN l i i • , i N o - 0 , s SCALE: 1%100' EXtflNT '8' iiikke,LDEN & SKETCH To ACCOMPANY A LEGAL DESCR 11ON S S 0 CIATE S Fog ROAD PURPOSES ' 'AP. NO. 110-210-03, 10 18012 COWAN. SUITE 210. IRVINE, CA 92714 W.O. No 0879 273-15 Date Ov2`0 Nn‘ 171A) Ran—ill 111 x'ex. nfn-n418 . c..... nr._ ntii nW chApt 2_ Of 2 il California All-Purpose Acknowledgment • ..___ State of California County of Orange On '° /4'5) before me, James T. Duncan, Notary Public, DATE /� personally appeared, (�.�I,e fC /U c<o flIAME(S)OF SIGNER(S) ❑ personally known to me- or- E. proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) i0/ are subscribed to the whin instrument and acknowledged e-me that '/ she / they executed the same in ( s1/ er / their authorized capacity A A��n�n n A A_ (ies), and that by uh/her/their signature (s) on the o. * JAMES T. DUNCAN" instrument the person (s), or the entity upon behalf sr COMM.#1080832 �° "�' ` NOTARY PUBLIC.CALIFORNIA§ of which the person (s) acted, executed the ORANGE COUNTY• e•' My Comm.Expires Feb.9,2000 instrument. Witness my hand and official seal. 9)-e SIGNATURE OF NOTARY PUBLIC OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and prevents fraudulent reattachment of this form. Capacity Claimed by Signer Type or Title of Document Individual(s) El Corporate T1TLE OR TYPE OF DOCUMENT Number of pages: TIME(s) Date of Document: ❑ Partner(s) El General ❑Limited Signer(s) Other Than Named Above: f 7 —�C/)'( � ,P /V c co El Attorney-in-Fact // ❑ Guardian/Conservator �' c c ;�lP ❑ Trustee(s) ❑ Other: Signer is Representing Name of Person(s)or Entny(ies) , . CALIFORNIA ALL-PURPO... ACKNOWLEDGMENT . K.4.:t &KTs S!�t!',:a .:1;Ax.23,:.a��-.a ?S!-4v';'1$4,41_ .;a.:,:a. 1 SG.T. S�S,• t< .mac v!%vti -4SK,I\:La ! x� 45%�!s1K•T.•�:e,! S!-,..S!^-,,g (, ( I a ) State of CAlti -tui tk 0 L , h1 � K County of A ( On Kii g qI before me, , Vorapo/Supprpat,Notary 9 ( 1 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") j personally appeared Ml kR- "N • to l l-E t Rips• t 1�``3p Toll 3). P(e024E� 9' c•,.l Name(s)of Signer(s) ' :0 ❑ �p rsonally known to me ( Q'proved to me on the basis of satisfactory evidence ( 9. to be the person(s) whose name(s)is/are subscribed to the e„ ( within instrument and acknowledged to me thatiie/>r/they ,� ( executed the same in axis/tier/their authorized capacity(ies), " - VORAPOJ SUPPIPAT1 and that bytes/her/their signature(s) on the instrument the COMM...1046108 n person(s), or the entity u•on behalf of which the person(s) � a `d !.J7;111 NOTARY PUBLIC-CALIFORNIA -I acted, ex- ted the ins ,ent. ( ;t CO - 0 My Term Exp.t::.1 ORANGE CDec.1Y1998 CII O WITNE" hand and • 'dal seal. �� ( • \ I J ) ( Signature of N.a Pu.lic j i OPTIONAL ( Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ) ( fraudulent removal and reattachment of this form to another document. 1 S Description of Attached Document ? ( �E:R Title or Type of Document: , ( Document Date: Roll ' , korl Number of Pages: l ( J Signer(s) Other Than Named Above: n R' Nf F'Cn>r S Capacity(ies) Claimed by Signer(s) i c' Signer's Name: x«'KkE)- �' Ntee-°k- Signer's Name: '�'� 4 Preeol-k 1 ( ) ( ❑ Individual ❑ Individual ) ( ❑ Corporate Officer ❑ Corporate Officer ( Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ( 0/Attorney-in-Fact ❑zAttorney-in-Fact ) ( © Trustee Yg Trustee ) RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER ❑ Other: Top of thumb here ❑ Other: Top of thumb here i ) ( Signer Is Representing: Signer Is Representing: ( ) ( ) ( ) ( ) i ©1996 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 lb ' & i'i I UItf�J i4 A NI E '` , Firs American Title Ins .: Jnce Company 4. , , ;h• > .'� :•. 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714Z558-3211 ESCROW INSTRUCTIONS 1, g� {/ed BUYER RECEJVED — �Y1 1997 .. TO: FIRST AMERICAN TITLE INSURANCE COMPANYilli a I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOT '",••NSIDERA 64'`' OF$21,100.00 AND WILL ON OR BEFORE JUNE 23, 1997 HAND YOU SAID CONSIDERATION W lierfautitOrt E AS FOLLOWS: ESCROW SUMMARY BUYER HAS DEPOSITED BROKER HAS DEPOSITED FOR ACCOUNT OF BUYER BUYER WILL DEPOSIT WITH SIGNED ESCROW INSTRUCTIONS BUYER WILL HAND YOU PRIOR TO CLOSE OF ESCROW $21,100.00 BUYER PAID SELLER OUTSIDE ESCROW (RECEIPT ACKNOWLEDGED BY SELLER) DEED OF TRUST OF RECORD DEED OF TRUST OF RECORD DEED OF TRUST TO RECORD DEED OF TRUST TO RECORD PURCHASE MONEY ENCUMBRANCE • �. TOTAL CONSIDERATION $21,100.00 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: Michael W. Niccole, Trustee, Penny D. Niccole, Trustee and Gary R. Niccole and when you can issue your standard coverage form policy of title insurance with liability of$21,100.00 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) SI•IOWING 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: Seller's proceeds shall be distributed by check to each owner as their interest appears of record. ESCROW OFFICER ESCROW NO.: 9762704M KATHERINE M. SOTO DATE: April 22, 1997 PAGE 1 .II.�1`d I I . ; . ; ;, i. • ESCROW INSTRUCTIONS 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. I-Iotneowners 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. THE GENERAL PROVISIONS SET OUT IN SCHEDULE "A" ATTACKED HERETO HAVE BEEN READ ANT) 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 CIT N N 4ACH, a municipal corporation MAILING: 2000 Main Street, Tiuntington Beach, CA. 1)2648 "9YB22C e , '. /71-EdRy FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 l 61 Cl-K 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 consummatio of this escrow. SELLE S SIG AT E: Michael W. ice c, Tr tee Penny D. Niccole, Trus Gary e ESCROW OFFICER ICER ESCROW NO.: 9762704M KATHERINE M. SOTO DATE: April 22, 1997 PAGE Attachment #2 with Exhibits A & B