HomeMy WebLinkAboutProperty Acquisition - Grant Deed - Ellis Avenue right-of-wa Order No. 9436607-JP
Escrow No. 9846523-JM
WHEN RECORDED MAIL TO:
THIS ORIGINAL DOCUMENT WAS��ANNED
CONNIE BROCKWAY, CITY CLERK AND ELECTRONICALLY N
OFFICE OF THE CITY CLERK JUL16 19J3
MAIN STREET HUNTINGTON
Document N
HUNTINGTON BEACH, CA 92648 Fr$t AmOdcan Me JnSU2nC® cb�
AP #157-341-09
GRANT DEED �vs
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TERRY A. CANAVELLO, AS TRUSTEE OF THE TERRY CANAVELLO LIVING TRUST,DATED NOVEMBER 28, 1994
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 California, described as
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This document is solely for the
official business of the City
�� of Huntington Beach, as contem-
Dated plated under Government Code
Sec. 6103 and should be recorded
fired of chG:
A.PPPOIT AS TO F02.L'i:
G t_L 1-F 7'TO!T, City At
TERRY A. LL R STEE
By:. Deputy City Attcrney
T t
6/z sJ4'3
Tax-Exempt-Government Agency
CITY OF HUNTINGTON BEACH
Connie Brockway,City Clerk
MAIL TAX STATEMENTS AS DIRECTED TO:
BY: e�6""_
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Deputy City Clerk
i -
OR-9436604
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
HUNTINGTON BEACH, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 11 WEST, S.B.B. & M., BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 36, DISTANT THEREON 282.86 FEET EASTERLY FROM THE WEST
QUARTER CORNER OF SAID SECTION 36; RUNNING THENCE NORTH, PARALLEL WITH THE WEST
LINE OF SAID SECTION 36, 140 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, 82 FEET; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 36, 140 FEET TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE WEST,
ALONG SAID SOUTH LINE 82 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 75 PERCENT OF ALL OIL, MINERALS, GAS AND OTHER HYDROCARBON
SUBSTANCES IN, ON AND UNDER SAID LAND, AS RESERVED IN THE DEED FROM TARVER
MONTGOMERY AND WIFE, TO L. G. PATTERSON AND WIFE, RECORDED DECEMBER 17, 1943 IN
BOOK 1216, PAGE 259 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM AN UNDIVIDED 51/80 INTEREST IN A WELL AND PUMPING PLANT
LOCATED ON THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 36.
a
CALIFORNIA ALL-PURPC._e ACKNOWLEDGMENT
State of California
County of Orange
George M Kay, Notary Public
On Tu k -e 9. 19 9k before me, h
DATE NAME.TITLE OF OFFICER•E.G..-jANE DOE.NOTARY PUeLIC-
personally appeared Te Y y`) u V U b
NAME(SI OF SIGNER(S)
❑ personally known to me - OR -lam proved to me on the basis of satisfactory evidence
to be the person(&) whose name(*) is/as.&
subscribed to the within instrument and ac-
knowledged to me that lae/she/tMmy executed
the same in h,g/herlltl�r authorized
capacity(i*s), and that by h#s/her/tlow+r
GEORGE M. KAY '0 signature(4?) on the instrument the person(S),
Comm.#1045923
NOTARY KkIC CAuFOSNA or the entity upon behalf of which the
0. iyO,,,, 3o.iy9e person(#) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY �1
OPTIONAL
Though the information below is not recuired 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.
Description of Attached Document
Title or Type of Document: �(Cln� �Yc�2J2, 9t(3C�o0��J � � OR-CN366 0 y
Document Date: /� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: I-e-VV y ff
Signer's Name:
❑ Individual ❑ Individual '
❑ Corporate Officer ❑, Corporate Ofticer K
Title(s). Title(s):
❑ Partner—❑ Limited ❑ General ; Partner—- Limited ❑ General
❑ Attorney-in-Fact _ Attorney-in-Fact
(y" Trustee r- Trustee
❑ Guardian or Conservator ,n =- = Guardian or Conservator
i0G of thumb here
❑ Other: 77 Other: I goo cT:-w^c here
Signer Is Representing: Signer Is Representing:
I
5
.j.j"j& CITY OF HUNTINGTON BEACH
e 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION
CITY OF HUNTINGTON BEACH
This is to certify that the interest in real property conveyed by the Deed dated
June 9, 1998 from TERRY A. CANAVELLO AS TRUSTEE OF THE TERRY
CANAVELLO LIVING TRUST DATED NOVEMBER 28, 1994 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: July 7, 1998
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CITY CLERK
By:
Carrol Gibbons
Deputy City Clerk
gAfollowup\deedcert
(Telephone:714-536-5227)
Council/Agency Meeting Held: 1) lG /98
Deferred/Continued to:
dApprc�vend ❑ Conditionally Approved ❑ Denied I)-,.O w-4?,-City Clerk's Signature
Council Meeting Date: July 6, 1998 Department ID Number: AS:08-LM8
Ell
c_ n
CITY OF HUNTINGTON BEACHrlJ
`'` '
REQUEST FOR COUNCIL ACTION �`�
_Fl
c-
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE '
)"
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: ROBERT J. FRANZ, Deputy City Administra r
SUBJECT: APPROVE ACQUISITION OF PROPERTY FOR ELLIS AVEN E
RIGHT-OF-WAY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The parcel known as 8051 and 8051 1/2 Ellis Avenue,
Huntington Beach, CA, (aka AP #157-341-09) needs to be acquired for the Ellis Avenue
right-of-way widening between Beach Boulevard and Patterson Street in Huntington Beach.
Funding Source: Acquisition costs of$235,000 are budgeted in the Gas Tax Fund.
Recommended Action:
1. Motion to approve the acquisition in fee of AP #157-341-09 (Canavello).
2. Authorize execution of the escrow instructions by the Deputy City
Administrator/Administrative Services.
3. Accept the attached 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 Ellis Avenue right-of-way.
Analysis: The widening of Ellis Avenue, designated a secondary arterial right-of-way is an
integral part of the City and County Street Right-of-Way Development Plan.
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: AS 98-018
Public Works, on February 9, 1998, requested the Real Estate Services Division to acquire
the Canavello parcel in fee. The property contains two rental structures. The front house
rents for $1,100 per month on a six month lease. The back house rents at $400 per month
on a six month lease. Agreement has been reached with the property owner for acquisition
of this parcel for $235,000 which is consistent with the appraisal of the property.
This will be the purchase of the first of the five parcels needed for this street widening
project.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
. • - Number No. Description
.........
....... -........ - _.....
1. Map of Area and Parcel to be Acquired
.
2. Escrow Instructions, Page 1 and 2
3. Deed for Acceptance, Including Legal and Plat Map
RCA Author: P. Larkin
0032204.01 -2- 06/24/98 10:55 AM
ATTACHMENT # 1
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PROJECT: , INDIANAPOLIS AVE.
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DEPARTMENT OP PUBLIC WOQKS
FILE: G.\ACA0\CC891\LM.DWG
S W. 114, N. W. 114, SEC.36, 1.
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SEC.36-5-// TRACT NO. 4027 M. M. 156- /5,l6
MARCH 1973- TRACT NO. 7512 M.M 297-20,21
PARCEL MAP - P M.- 2.4-4 4
ATTACHMENT #2
CITY OF HUNTINGTON BEAI
P.O.BOX 190,HUNTINGTON BEACH,CALIFORNIA 92W
07-08-1998 227686 9946523H ESXPC891610 236843.05 236843.05
236843.05 .00 236843.05
Do not cash ibis check unless the MICR numbering below has bled thru PINK on the reverse side-This document has an artificial watermark on the reverse side.
CITY OF HUNTINGTON BEACH 16-49/1220
GENERALACCOUNT NUMBER
P.O.BOX 190
HUNTINGTON BEACH,CALIFORNIA 92648 480563
PAY TO THE ORDER OF
DATE NUMBER NETAMOUNT
FIRST AMERICAN TITLE INSURANCE CO 07-08-1 99 84 80 5 63 S**236843.05
114 E FIFTH ST _
SA NT A AN A CA .
92 701
CITY OF HUNTINGTON BEACH
VOID UNLESS PRESENTED FOR ENCASHMENT
WITHIN 90 DAYS FROM DATE OF ISSUE
UNION BANK OF CALIFORNIA
17122 BEACH BLVD.
HUNTINGTON BEACH,CA 92647
11648056311' 1: 1 2 20004961: 27400134 L9111
SST AMER,C
ti 9
First American Title Insurance Company
114 EAST FIFTH STREET, (P.O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714)558-3211 FAX(714)647-2235
t
BUYER/BORROWER CLOSING STATEMENT
ESCROW STATEMENT OF: Escrow: 9846523M
CITY OF HUNTINGTON BEACH Escrow Officer: KATHERINE M. SOTO
Date: June 18, 1998
Closing Date: 07/06/98
Estimated
Seller: TERRY A. CANAVELLO
Property Address: 8051 ELLIS AVENUE
HUNTINGTON, CA
TOTAL CONSIDERATION 235,000.00
PLUS CHARGES
TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMPANY
OWNERS ALTA POLICY FOR $235,000.00 783.80
ESCROW CHARGES TO FIRST AMERICAN TITLE
ESCROW FEE 809.25
PAD FOR MISC. CHARGES 250.00
TOTAL DEBITS 236,843.05
LESS: CREDITS
TOTAL CREDITS
BALANCE DUE ESCROW 236,843.05
SIGN & RETURN
HAVE READ AND DO HEREBY
APPR VE TH FOLLOWING.
BY
BY G
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
July 14, 1998
Katherine Soto, Escrow Officer
First American Title Insurance Company
114 East Fifth Street
P. 0. Box 267
Santa Ana, CA 92702-9975
Re: Escrow No. 9846523M
Dear Ms. Soto:
Enclosed please find Deed No. 5675 to be recorded and returned to Connie Brockway,
City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, CA 92648.
When your company records the deed, please have our enclosed deed copy conformed
by the Orange County Recorder and returned to us in the enclosed, self-addressed
stamped envelope.
Sincerely,
Connie Brockway, CIVIC
City Clerk
Enclosure: Deed No. 5675—Terry A. Canavello
Received by:
g Afollowup\deeds\deedescr
(Telephone:714-536-5227)
Order No. 9436607-JP
Escrow No. 9846523-JM
WHEN RECORDED MAIL TO:
CONNIE BROCKWAY, CITY CLERK
OFFICE OF THE CITY CLERK
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
AP #157-341-09 GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
TERRY A. CANAVELLO, AS TRUSTEE OF THE TERRY CANAVELLO LIVING TRUST,DATED NOVEMBER 28, 1994
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 California, described as
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This document is solely for the
official business of the City
Dated C� of Huntington Beach. as contem-
plated under Government Code
Sec. 8103 and should be recorded
free of cha: �.
APPROVED AS TO Ot i:1:
CAiL iiTJTTON, City Attorney
TERRY A. ELL STEE By:. Deputy City Attorney
T-'� , .
6�z sJq�
Tax-Exempt-Govemment Agency
CITY OF HUNTINGTON BEACH
Connie Brockway,C4 Clerk
MAIL TAX STATEMENTS AS DIRECTED TO:
BY:
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Deputy City Clerk
E✓ L:
Cyr�
V
First American Title Insurance Company
A subsidiary of The First American Financial Corporation
OR-9436604
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
HUrTTINGTON BEACH, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 11 WEST, S.B.B. &M., BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 36, DISTANT THEREON 282.86 FEET EASTERLY FROM THE WEST
QUARTER CORNER OF SAID SECTION 36; RUNNING THENCE NORTH, PARALLEL WITH THE WEST
LINE OF SAID SECTION 36, 140 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, 82 FEET; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 36, 140 FEET TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE WEST,
ALONG SAID SOUTH LINE 82 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 75 PERCENT OF ALL OIL, MINERALS, GAS AND OTHER HYDROCARBON
SUBSTANCES IN, ON AND UNDER SAID LAND, AS RESERVED IN THE DEED FROM TARVER
MONTGOMERY AND WIFE, TO L. G. PATTERSON AND WIFE, RECORDED DECEMBER 17, 1943 IN
BOOK 1216, PAGE 259 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM AN UNDIVIDED 51/80 INTEREST IN A WELL AND PUMPING PLANT
LOCATED ON THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 36.
CALIFORNIA ALL-PURPG_c ACKNOWLEDGMENT
Iq CI
State of California
County of Orange
,11
George M Kay, Notary Public
On �u�' e 9. 9 9k before me, §I
DATE �7- �' NAME.TITLE OF OFFICER•E.G..'JANE DOE,npiARr PUBLIC-
personally appeared r e- )(Y') �-cl hu V-P l( b
NAMES)OF SIGNER(S)
❑ personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(&) whose name(e) is/asp
subscribed to the within instrument and ac-
knowledged to me that toe/she/theq executed
the same in has/her/t#efr authorized
GE capacity(iss), and that by his/her/t4*r
ORGE M. KAY '0 signature(,e) on the instrument the person(g),
Comm.#1045923
NOTARY ROX CxFoRmA or the entity upon behalf of which the
ll - *Com��, � person(g) acted, executed the instrument. �S
(
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the infcrmation below is not required by law, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Gl n4:94 OV OR-cf 436 0 y k
Document Date: 66 Number of Pages:
Signer(s) Other Than Named Above: Al dN--e r
Capacity(ies) Claimed by Signer(s)
Signer's Name: I�,V yy 4. (AH*Ve- Il d Signer's Name: ��I
r
❑ Individual M, Individual
❑ Corporate Officer _; Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—_ Limited ,_ General
❑ Attorney-in-Fact _ Attorney-in-Fact
Trustee - rustee y
❑ Guardian or Conservator0 1 2&C,i n ,- , Guardian or Conservator
❑ Other: Too of thumb here Other IToo or;-umo here
Signer Is Representing:
9 Signer Is Representing: J �„
I
r
�;._. - - _ _ mac:.-�=:;- - - - .�._ ..�... _ --=�---='�^--- - - _ :_�:- _ _ -..-c;.- _ _ - -.�•
CITY OF HUNTINGTON BEACH
Lj2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION
CITY OF HUNTINGTON BEACH
This is to certify that the interest in real property conveyed by the Deed dated
June 9, 1998 from TERRY A. CANAVELLO AS TRUSTEE OF THE TERRY
CANAVELLO LIVING TRUST DATED NOVEMBER 28, 1994 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: July 7, 1998
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CITY CLERK
By: i�.2o
Carrol Gibbons
Deputy City Clerk
gAfol lowup\deedcert
(Telephone:714-536-5227)
ATTACHMENT #3
.i � - - �• •••,ea VI11Y
t
First American Title Insurai ice Company
114 EAST FIFTH STREET, (P. 0. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211
�V' 40
ESCROW INSTRUCTIONS PRO P E R I.X
BUYER JUN 1 9 1998
TO: FIRST AMERICAN TITLE INSURANCE COMPANY
I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION
OF$235,000.00 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 $235,000.00
TOTAL CONSIDERATION $235,000.00
FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE
OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIF,ORNIA 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 a Grant Deed executed by:
TERRY A. CANAVELLO, AS TRUSTEE OF THE TERRY CANAVELLO LIVING TRUST, DATED NOVEMBER 28,
1994
and when you can issue your standard coverage form policy of title insurance with liability of$66,100.00 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 98-99.
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.: 9846523M
KATHERINE M. SOTO DATE: June S, 1998
PAGE 1
By:
MAILING: 2000 Main Street, Huntington Beach, CA 92648
FORWARDING: 2000 Main Street, Huntington Beach, CA 92648
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:
Y/�'/ZZ -
TERRY CANA LO, TRUSTEE
APPPOVE11►KS TO FORI-1:
GAIL HUTTON;,, City Attorney.
Z;,j.1 L`epidy, City Attorney.
ESCROW OFFICER ESCROW NO.: 9846523M
KATHERINE M. SOTO DATE: June 5, 1998
PAGE 2
OR-9436604
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF ORANGE, CITY OF
HUNTINGTON BEACH, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 11 WEST, S.B.B. & M., BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 36, DISTANT THEREON 282.86 FEET EASTERLY FROM THE WEST
QUARTER CORNER OF SAID SECTION 36; RUNNING THENCE NORTH, PARALLEL WITH THE WEST
LINE OF SAID SECTION 36, 140 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, 82 FEET; THENCE
SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 36, 140 FEET TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE WEST,
ALONG SAID SOUTH LINE 82 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 75 PERCENT OF ALL OIL, MINERALS, GAS AND OTHER HYDROCARBON
SUBSTANCES IN, ON AND UNDER SAID LAND, AS RESERVED IN THE DEED FROM TARVER
MONTGOMERY AND WIFE, TO L. G. PATTERSON AND WIFE, RECORDED DECEMBER 17, 1943 IN
BOOK 1216, PAGE 259 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM AN UNDIVIDED 51/80 INTEREST IN A WELL AND PUMPING PLANT
LOCATED ON THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 36.
GENERAL PROVISIONS
1. DEPOSIT OF FUNDS & DISBURSEMENTS
Escrow Holder shall deposit all funds received in this escrow in any financial institution insured by a federal
agency of the United States Government, including financial institutions affiliated with Escrow Holder's
company, in one or more general escrow demand accounts. Unless Escrow Holder is handed a W-9 form and
specific investment instructions from the Buyer and Seller, all funds delivered to Escrow Holder pursuant to
these instructions will be deposited in a non-interest bearing fiduciary account. All disbursements shall be made
by Escrow Holder's check unless otherwise instructed in writing. Escrow Holder is authorized not to close
escrow or disburse until collected funds have been confirmed in escrow.
2. GOOD FUNDS LAW
The parties understand that ALL funds to close escrow and/or to be released early must be deposited into
escrow prior to the date of closing or early release to allow sufficient time for clearance of the funds prior to
disbursement. In the event such funds are not in the form of a cashier's, certified or teller check drawn on a
financial institution, sufficient time must be allowed for clearance to comply with any "good funds" law which
is in effect. (For escrows conducted in California, the "good funds" law is Section 12413.1 of the California
Insurance Code.) Funds may be wired directly into First American's depository bank account to avoid waiting
for clearance.
3. PRORATIONS AND ADJUSTMENTS
The expression "close of escrow" used in this escrow means the date on which documents referred to herein are
recorded and relates only to prorations and/or adjustments unless otherwise specified.
All prorations and/or adjustments are to be made on the basis of a 30-day month unless otherwise instructed in
writing.
4. RECORDATION OF DOCUMENTS
Escrow Holder is authorized to record any documents delivered through this escrow, the recording of which is
necessary or proper in the issuance of the requested policy of title insurance.
5. AUTHORIZATION TO FURNISH COPIES
Escrow Holder is to furnish a copy of these instructions, amendments thereto, closing statements and/or any
other documents deposited in this escrow to the lender(s), the real estate broker(s), the attorney(s) and/or the
accountant(s) involved in this transaction upon request of the lenders, brokers, attorneys, or accountants.
6. PERSONAL PROPERTY TAXES
No examination, UCC Search or insurance as to personal property and/or the amount or payment of personal
property taxes is required unless otherwise instructed in writing.
7. RIGHT OF CANCELLATION
Any party instructing Escrow Holder to cancel this escrow shall file notice of cancellation in Escrow Holder's
office, in writing. Within a reasonable time, Escrow Holder shall mail, by certified and regular mail, one copy
of the notice to each of the other parties at the addresses stated in this escrow. Unless a written objection to
cancellation is filed in Escrow Holder's office by a party within ten (10) days after date of mailing, Escrow
Holder is authorized at its option to comply with the notice and demand payment of Escrow Holder's
cancellation charges as provided in these General Provisions. If a written objection is filed, Escrow Holder is
authorized at Escrow Holder's option to hold all the money and documents contained in this escrow and take no
further action until otherwise directed, either by the parties' mutual written instructions, or final order of a court
of competent jurisdiction.
8. ACTION IN INTERPLEADER
The parties hereto expressly agree that Escrow Holder has the absolute right at Escrow Holder's election to file
an action in interpleader requiring the parties to answer and litigate their several claims and rights between
themselves and Escrow Holder is authorized to deposit all documents and funds held in this escrow with the
clerk of the court. In the event such an action is filed, the parties jointly and severally agree to pay Escrow
Holder's cancellation charges and costs, expenses and reasonable attorney's fees which Escrow Holder is
required to expend or incur in the interpleader action, the amount thereof to be fixed and judgment therefore to
be rendered by the court. Upon the filing of the action, Escrow Holder shall thereupon be fully released and
discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of
this escrow.
GP(Rev. 2/97) Page 1 of 4
9. TERMINATION OF AGENCl JLIGATIONS
If there-is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the
escrow instructions or written extension thereof, Escrow Holder's agency obligation shall terminate at Escrow
Holder's option and all documents, monies or other items held by Escrow Holder shall be returned to the parties
depositing the same.
In the event of termination of this escrow, whether at the request of any of the parties or otherwise, all fees and
charges due in connection with this escrow including expenditures incurred and/or authorized shall be paid by
the parties hereto.
10. CONFLICTING INSTRUCTIONS
Should Escrow Holder before or after close of escrow receive or become aware of any conflicting demands or
claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein or affected hereby, Escrow Holder shall have the right to discontinue any or all further acts on Escrow
Holder's part until the conflict is resolved to Escrow Holder's satisfaction, and Escrow Holder shall have the
further right to commence or defend any action or proceedings for the determination of the conflict as provided
in the "Right of Cancellation" and "Action in Interpleader" paragraphs of these General Provisions.
11. USURY
Escrow Holder is not to be concerned with any question of usury in any loans or encumbrances involved in the
processing of this escrow and Escrow Holder is hereby released of any responsibility and/or liability therefor.
12. INDEMNITY FOR ATTORNEYS FEES AND COSTS
In the event suit is brought by any party to this escrow, including the Escrow Holder or any other party, against
each other, or others, including the Escrow Holder, claiming any right they may have against each other or
against the Escrow Holder, then in that event, with the exception of gross negligence by the Escrow Holder, the
parties hereto agree to indemnify and hold the Escrow Holder harmless against any attorney's fees and costs
incurred by it.
13. AMENDMENTS TO ESCROW INSTRUCTIONS
Any amendment or supplement to these escrow instructions must be in writing. These escrow instructions and
any written amendments, supplements or exhibits attached thereto constitute the entire escrow agreement among
the Escrow Holder and the parties hereto with respect to the subject matter hereof and supersedes all prior
understandings, with respect thereto.
14. PROPERTY TAXES SUBSEQUENT TO CLOSE OF ESCROW
Buyer and Seller herein acknowledge that there may be supplemental and/or additional taxes which may be
assessed by reason of a change in ownership or completion of construction. This will be reflected in the policy
of title insurance issued at the close of escrow. Escrow Holder shall not be concerned with any adjustment(s) of
supplemental taxes between the parties for bills received by the parties after the close of escrow. In the event
Seller has received Supplemental Tax Bills(s) prior to close of escrow, Seller will provide them to Escrow
Holder with an explanation of time periods covered by the tax bill(s) for proration purposes. (In California the
applicable provisions are found in California Revenue and Taxation Code Sections 75 and following.)
In the event Buyer or Seller has applied, or applies for a reduced assessment, and a refund of taxes is received
by First American Title Insurance Company as Agent, Escrow Holder is to retain the funds in one or more of
Escrow Holder's general escrow demand accounts until Escrow Holder has received mutual written instructions
from the parties directing Escrow Holder as to the proper disposition of the tax refund.
15. CHANGE OF OWNERSHIP FORMS
Buyer will furnish Escrow Holder with a completed Preliminary Change of Ownership Report which Escrow
Holder is instructed to submit at time of recordation pursuant to Section 480.3 of the California Revenue and
Taxation Code. In the event this escrow is otherwise ready to close and Buyer has not provided the above
report, Escrow Holder is instructed to close this escrow and collect from Buyer for the County Recorder any
additional fee required for recordation when a Preliminary Change of Ownership Report does not accompany
the documents being recorded. Buyer is aware that if the above report is not submitted at time of recordation as
required, a Change of Ownership Statement must be filed by the Buyer directly with the County Assessor not
later than 45 days after recordation and failure to do so will result in additional penalties. Buyer acknowledges
that Escrow Holder shall have no responsibility and/or liability for the County Recorder's acceptance or
rejection of the Preliminary Change of Ownership Report. For escrows involving property in states other than
California parties will provide Escrow Holder with applicable documents as may be required by the county
recorder or taxing authority to close this transaction.
16. INSURANCE POLICIES OTHER THAN TITLE INSURANCE
When dealing with real property and/or improvements located thereon it is advisable to obtain fire, hazard or
liability insurance coverage. In all acts in this escrow relating to insurance, including adjustments, if any,
Escrow Holder may assume that each policy is in force and that the necessary premium has been paid. Escrow
GP(Rev. 2/97) Page 2 of 4
Holder shall not be responsible for o Ing fire, hazard or liability insurance, unle- -scrow Holder has
received written instruction prior to close of escrow from the parties or their respect_ ,enders.
17. FACSIMILE INSTRUCTIONS
In the event the parties utilize "facsimile" transmitted signed documents, Buyer and Seller hereby agree to
accept and instruct the Escrow Holder to rely upon such documents as if they had original signatures. Buyer
and Seller hereby acknowledge and agree to provide to Escrow Holder, within seventy-two (72) hours of
transmission, such documents bearing the original signatures. Buyer and Seller further acknowledge and agree
that documents necessary for recording with other than original signatures (i.e., facsimiles) will not be accepted
for recording by the County Recorder thereby delaying the close of escrow.
18. EXECUTE IN COUNTERPART
These escrow instructions and any subsequent amendments 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.
IF THE TRANSACTION WHICH IS THE SUBJECT OF THIS ESCROW IS A SALE, THE PARTIES
TO THIS TRANSACTION MAY HAVE CERTAIN TAX REPORTING AND WITHHOLDING
OBLIGATIONS PURSUANT TO STATE LAW OR FEDERAL LAW REFERRED TO IN GENERAL
PROVISIONS 19-21 BELOW.
19. REPORTING TO THE INTERNAL REVENUE SERVICE
The Tax Reform Act of 1986 provides that Escrow Holder must report certain information regarding certain
real estate transactions to the Internal Revenue Service. This information includes, among other things, the
Seller's social security number and/or tax identification number and forwarding address, and the gross sales
price of the transaction. This is not a requirement generated by Escrow Holder, but rather a means of
complying with the tax law. This information must be provided to First American Title Insurance Company
upon the opening of escrow and neither can escrow be closed, nor can a deed or any other documents be
recorded until the information is provided and the Seller certifies the accuracy of the information in writing. By
execution of these escrow instructions, the parties acknowledge receipt of this notice.
20. TAX REPORTING AND WITHHOLDING OBLIGATIONS OF THE PARTIES
CALIFORNIA LAW: In accordance with Sections 18662 and 18668 of the California Revenue and Taxation
Code, a Buyer may be required to withhold an amount equal to three and one-third (3-1/3) percent of the sales
price, in the case of a disposition of California real property interest by either: (1) A Seller who is an individual
with a last known street address outside of California or when the disbursement instructions authorize the
proceeds to be sent to a financial intermediary of the Seller; OR (2) A corporate Seller which has no permanent
place of business in California. For failure to withhold, the Buyer may become subject to a penalty in an
amount equal to the greater of ten(10) percent of the amount required to be withheld or five hundred dollars
($500). However, notwithstanding any other provision included in the California statutes referenced herein, no
Buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: (a) The sales
price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000); OR (b)
The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a resident of
California, or if a corporation, has a permanent place of business in California; OR (c) The Seller, who is an
individual, executes a written certificate, under the penalty of perjury, that the California real property being
conveyed is the Seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The
Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the
withholding requirement. The California statutes referenced herein include provisions which authorize the
Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis.
The Seller may request a reduction in withholding or waiver and the Buyer and Seller may obtain additional
information by contacting the Franchise Tax Board, Withhold at Source Unit, P.O. Box 651, Sacramento, CA
95812-0651 (916/845-4900).
LAW OF STATES OTHER THAN CALIFORNIA
If the parties are required to withhold by the law of a state other than California, the parties understand that the
withholding obligation is the exclusive obligation of the parties to this transaction and that Escrow Holder is not
obligated to withhold or notify the parties of any withholding obligation they may have.
FEDERAL LAW: Internal Revenue Code Section 1445 places special requirements for tax reporting and
withholding on the parties to a real estate transaction where the Seller (Transferor) is a non-resident alien, a
non-domestic corporation or partnership, a
domestic corporation or partnership controlled by non-residents or non-resident corporations or partnerships.
With respect to California law, the laws of states other than California and federal law referred to above, the
parties to this transaction should seek an attorneys, accountant's, or other tax specialist's opinion concerning
the effect of these laws on this transaction. The parties to this transaction should NOT act on or rely on any
statements made or omitted by the escrow officer, title officer, or other closing officer with respect to tax
reporting or withholding requirements. By execution of these escrow instructions, the parties acknowledge
receipt of this notice.
GP(Rev. 2/97) Page 3 of 4
21. DISCLOSURE OF TAXPAYE, JENTIFICATION NUMBERS
Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer
identification numbers in tax returns on the parties to a residential real estate transaction involving
seller-provided financing. The parties understand that the disclosure reporting requirements are exclusive
obligations between the parties to this transaction and that Escrow Holder is not obligated to transmit the
taxpayer identification numbers to the Internal Revenue Service or to the parties. Escrow Holder is not
rendering an opinion concerning the effect of this law on this transaction, and the parties are not acting on any
statements made or omitted by the escrow or closing officer. By execution of these escrow instructions, the
parties acknowledge receipt of this notice.
To facilitate compliance with this law, the parties to this escrow hereby authorize Escrow Holder to release any
party's taxpayer identification numbers to any requesting party who is a party to this transaction. The requesting
party shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding
their respective taxpayer identification numbers and agree to hold Escrow Holder harmless against any fees,
costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers.
22. FUNDS HELD FEE AGREEMENT
If funds remain in escrow on the date which is ninety (90) days after close of escrow (or in the event that
escrow has not closed, ninety (90) days after the estimated closing date as set forth in these instructions), then a
monthly "funds held" fee of$25.00 shall accrue for each month or fraction of a month thereafter that the funds,
or any portion thereof, remain in escrow. Escrow Holder is authorized to deduct the monthly "funds held" fee
directly from the funds held on a monthly, or other periodic basis (i.e. quarterly, semi-annually, etc.). By
initialling below, the parties acknowledge and agree to pay these sums to compensate Escrow Holder for the
administration, monitoring, accounting reminder other notifications, and processing of the fu o held in
accordance with this "funds held" fee agr �nt.
Sellers initial Buyers initial
PURSUANT TO CIVIL CODE SECTION 1057.7, FIRST AMERICAN TITLE INSURANCE COMPANY
CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY
THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE.
APPPOV D AS TO For,,.,,:
GAIL FUTTON„ City At.ccrro,�T
By;: T
GP(Rev. 2/97) Page 4 of 4
7
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administrative Services
SUBJECT: APPROVE ACQUISITION OF PROPERTY FOR ELLIS
AVENUE RIGHT-OF-WAY
COUNCIL MEETING DATE: July 6, 1998
. .
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
.
EXPLANATION FOR MISSING ATTACHMENTS
... __
REVIEWED RETURNED FOR RDED
......:... .........
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( )
City Clerk ( )
EXPL,4NATION FOR RETURN OF ITEM
(Below • . For Only)
RCA Author: P. Larkin