HomeMy WebLinkAboutProperty acquisition for Goldenwest St right-of-way widening Order No. 9636368-JM
Escrow No. 9762784M
mown REOPESTM Sy �{
WHEN RECORDED MAIL TO: THIS CRiEI ALLTC II 6 ,CA
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CONNIE BROCKWAY, CITY CLERK SEP 2 6
OFFICE OF THE CITY CLERK Document No. /99-o�7ga9/
2000 MAIN STREET First American Title Insurance 66:
HUNTINGTON BEACH, CA 92648
42/ 417 ' 0`�' J ` EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BARTON A. KUBELKA, DDS, INC., MONEY PURCHASE PENSION PLAN 003, AS TO AN UNDIVIDED 76.47%
INTEREST,AND HARBOR BANK AS CUSTODIAN FBO:JOHN R.SNYDER BPS#483540582A31,AS TO AN UNDIVIDED
23.53% INTEREST
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 27, 1997 This document is solely for t!
official business of the City
of Huntington peach, as conteo
BARTON A. KUBELKA, DDS, INC., MONEY PURCHASE PENSION PLAN 003 plated undor Gov.rn:aent Code
Sec. 6103 and should be recori
free of chard.
Tax-Exempt-Government Agency
By: Barton A. Kubelka , DDS iCITY OF HUNTiNGTON BEACH
Connie Brockway, CMO
HARBOR BANK AS CUSTODIAN FBO: JOIN R.•SNYDER BPS#483540582A31 City Cierl
Lincoin Trust Ccmpcn f, Succeccor `ustodian
FBO ��
30h rl �n��i Qk�_ eputy City Clerk
By:
By:
Anpi?OT?:J ;" i
(gin L i71i+ .. ,
Deputy i..i f Loot.,, .
MAIL TAX STATEMENTS AS DIRECTED TO:
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
•
EXHIBIT "A"
LEGAL DESCRIPTION '
FOR ROAD PURPOSES
A.P. NO. 110-2IG-02 i
I
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 LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY LYING EASTERLY OF A LINE 55.00 FEET WESTERLY, MEASURED AT
- RIGHT ANGLES, FROM THE EAST LINE; OF SAID SOUTHEAST QUARTER. OF SECTION
34.
EXCEPTING THEREFROM THE SOUTH 231 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED t VITHIN THE
RESERVATION FOR ROADS, ETC. CONTAINED IN THE DEED RECORDED JULY 19,
1905 IN BOOK 91, PAGE 134 OF DEEDS.
CONTAINING AN AREA OF 2475 SQUARE 1'E.1'.1, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART ;i{EREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATION, RESTRICTION, RIGHTS-OF-
WAY, EASEMENTS AND LEASE, OF RECORD, IF ANY.
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ALDEN & EXHIBIT "A"
LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPOSES
A.P. NO. 110-210-02
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-273-8 Date 11/15/99
18012 COWAN,SUITE 210 • IRVINE, CA 92714
.714/660-0110 PAX:66o-0418 Engr. D.C. Chk. D.W. ,Sheet _1,_ of 2
. t ,
s_— EXHIBIT "B"
NE GOR., SE 1/4,
SEC. 34
ELLIS \ AVENUE
0
N I K
Y."5'
h
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. $ I ('
✓' `?",.
't ",. I
_ 50'
CNI `
.) 30'
/
25'
I / / EASEMENT FOR ROAD F►'MOSES
PER BOOK q1, PAGE 134, DEEDS
J55,
EAST UNE 0r SE 1/4,
SEG. 34. T. 5 5., : . 11 W.,
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EXHIBIT 'D'
lilkik,:eIDEN & SKETCH To AGCOMPANr A LEGAL DE5CRFT1oN
SS 0 CIATE S FOR ROAD PURPOSES
AP, NO. 110-210-02
18012 COWAN. SUITE 210, IRVINE, CA 92714 W.O. No.O819-273-8 Date 01/2cV13
(714) 680-0110 FAX 680-0418 Engr. D.G. Chk. Q.W. Sheet 2_Of 2
T AME R1 -
600,ff _ „.. r.eiii— ,,‘,_
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-- ,i, -!-T7lreo.'i.::-, Ai° .,_:.,-41/4 .-
STATE OF GALF6RNIA GC /c?- ial }ss.
COUNTY OF _�� ��/ }
On .7.-/// 7 , before me, >i'iE' ,/ ��� %�i /OA)/ ,i./c,
personally appeared ,W,:yr" / / -z:
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name( isare
subscribed to the within instrument and acknowledged to me that he she they executed the same
in hi er their authorized capacity(ies), and that by hi er t heir signature(s) on the instrument the
person(s) or the entity upon behalf of which the persons) acted, executed the instrument.
WITNESS my hand and official seal.
)
2.,(
Signature " �.�
0
My Commission ExpfteS ,/i 7
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
a
rr AMER I
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_.--'refr,01' jfe,b4f#4-2-.4 ::- :47, ,..\\ - .c.:s1s1/4..
400,
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STATE OF CALIFORNIA }ss.
COUNTY OF ORANGE }
On JULY 11, 1997, before me, KATHERINE M. SOTO, personally appeared
BARTON A. KUBELKA, DDS, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official sea
Signature
S C KATHERINE
? rie Nutsry Public-Calilomla
x ...,, ORANGE COUNTY 9
y - MY Commission Expires
AUC. 4, 1998
(This area for official notarial seal)
Y
•
[ ,, - 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
May 27, 1997 from Barton A. Kubelka, DDS 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: September 19, 1997
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CITY CLERK
By: L(�L
puty City Clerk
g:\followup\deedcert
9/19/972deedcert/5648Renner:jc
(Telephone:714-536-5227)
n CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 19, 1997
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find Deed No. 5647 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.
5weAufzet
Connie Brockway, CMC
City Clerk
Enclosures
g:\followup\deedltr:Deed 5647 - Kubelka
Received by: `-2
Date: 0 9 - - 1
Escrow No. 9762784-M
G:\followup\dccdltr:5 647/Kubelka
(Telephone: 714-536-5227)
s ' G 50.8
Fi+e -.,e..9/frik �., o 9/3o/q 7
fj' � .:, ,
Council/Agency Meeting Held: g1, 19-7 ` `y
Deferred/Continued to: `77)
Approved ❑ Conditionally Approved ❑ Denied Le City Clerk' Signature
7-c
Council Meeting Date: August 18,1997 Department ID Number: AS 97-034
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER'. S
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr. 4,/ �f
PREPARED BY: ROBERT J. FRANZ, Deputy CityAdministrate re i��
p Y �,�i- ��
SUBJECT: PROPERTY ACQUISITION - GOLDENWEST RIGHT-6 -WAY
Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis,yvironmental Status,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
widenings within the Holly-Seacliff project. The parcel, as described below, needs to be
acquired 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: 1) Motion to approve the acquisition of AP #110-210-02. 2)
Authorize approval of the escrow instructions. 3) Accept the attached easement deed for
the parcel described herein and authorize acceptance by the City Clerk with recording to
follow through indicated escrow. 6<a-rhryn
Alternative Action(s): Do not authorize the escrow and the acquisition of this parcel and
delay the widening and improvement of the Goldenwest Street.
Analysis: The widening of Goldenwest Street is an integral part of the implementing of the
Holly-Seacliff Development Plan from Ellis Avenue to Yorktown Avenue. The precise street
alignment was approved by the City Council on December 16, 1991 by Ordinance #3217.
The Real Estate Services Division, together with outside legal services, Rutan and Tucker,
has actively been negotiating with the owners of parcels within the various right-of-ways for
I.IQUEST FOR COUNCIL AC'i iuN
MEETING DATE: August 1$,1997 DEPARTMENT ID NUMBER: AS 97-034
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$29,700.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1. Escrow Instructions, Page 1 and 2.
2. Deed for acceptance, including legal and plat map.
RCA Author: Paul Larkin
RCAGWRW5.DOC -2- 07/24/97 2:38 PM
ATTACHMENT # 1
AME
First American Title Insurance Company
PROPERTY
114 EAST FIFTH STREET.(P.O.BOX 267)SANTA ANA,CALIFORNIA 92702•(714)558-3211
ESCROW INSTRUCTIONS JUL 1 4 1997
BUYER (JUN / 0 199?
MANAGEMENT
TO• FIRST AMERICAN TITLE INSURANCE COMPANY
I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION
OF$29,700.00 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 $29,700.00
TOTAL CONSIDERATION $29,700.00
FIRST AIIIERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE
OF AUTIIORUTY NO.2787 ISSUED BY TILE 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:
BARTON A. KUBELKA, DDS, INC., MONEY PURCHASE PENSION PLAN 003, AS TO AN UNDIVIDED 76.47%
INTEREST, AND HARBOR BANK AS CUSTODIAN FBO: JOHN R. SNYDER BPS//483540582A31, AS TO AN
UNDIVIDED 23.53% INTEREST, AS TENANTS IN COMMON.
and when you can issue your standard coverage form policy of title insurance with liability of$29,700.00 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:
:I RECEIVED c)t
The City of Huntington Beach, a municipal corporation .I JUL 11 1997
FIRST AMERICAN 4/23
FREE OF ENCUMBRANCES EXCEPT: TITLE COMPANY
SANTA ANA,CA
I ALL General and Special Taxes for fiscal year 97-98. ''�.• I �-i;i�
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.
ESCROW INSTRUCTIONS
ADDITIONAL TERMS AND CONDITIONS:
Prorate and/or adjust the following as of close of escrow only as to Item(s)No. (N/A).
I 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
ancellation instructions contained in the General Provisions set out in Schedule "A" attached hereto. If no demand for
ancellation is made,you will proceed to close this escrow when the principals have complied wills the escrow instructions.
TILE GENERAL PROVISIONS SET OUT IN SCHEDULE"A"A'VFACIIED HERETO HAVE BEEN READ ANI)
ARE HEREBY AI'PROVEI)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
By:
MAILING: 2000 Main Street, Huntington Beach, CA 92648 L,f-t L(szoK
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:
BARTON A.�KUBELKA, DDS, INC.
By:
HAIRBOR BANK AS CUSTODIAN FRO:JOIIN R.SNYDER IIPS/483540582A31
Lincoln Trust Company, Successor Custodian
t:BCL4CXht\ �rn�rle.r
By: Bv: (1) �i_�
ATTACHMENT #2
II ,_
IIDIDID1' I11rnll�`..�'."`UInI __ i
PARCEL Lrr1I�LILIL Li .Lr 1U_1,_ L� t,
PARCEL 3 11141111J�l�II-�1 ELLIS AV U t J J
111111114 Illll N!!!1111111 I 7 — \\= ♦a tir\vim;.titit '`� ��-:PARCEL 7A rumippri -
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f t 110 I )0.IV\ y.�.li
- i' `$\\`,�` t --.«___•._ HOLLY-SEAC.IFF MASTER
$ 0 N t ' PLAN AREA
;'` 4 ;, \ \ j PROPERTIES COVERED BY
� *` N ; ��?1I
DEVELOPMENT AGREEMENT
3 :,\ W N0. 90-1
it.s‘z—Nt �� Z € •
\\\\�� PROPERTIES TO BE SOLD
��\� ,a` �v\ o \� 6-\\ TO PLC/MSREF
0*it", .,,,•
,5,K
V � �e�i . °ram / YORKTOWN AVENUE ,f 41 t dd l
v".
atilt� / Iviik......,A„ r alr suc 1;iYSIL PLAN AA ui
..10 � ; \. N _
' ;, in- CITY OF HUNTINGTON BEACH
`l U 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 19, 1997
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find Deed No. 5647 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.
ej-)titzL 5Weee-iiiit
Connie Brockway, CMC
City Clerk
Enclosures
g:\followup\deedltr:Deed 5647 - Kubelka
Received by:
Date:
Escrow No. 9762784-M
G-\followup\deedltr:5647/Kubelka
(Telephone: 714-536-5227)
°A, in- 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
May 27, 1997 from Barton A. Kubelka, DDS 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: September 19, 1997
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CITY CLERK /
By: L� /(��1
puty City Clerk
g:\followup\deedcert
9/19/972 deedcert/5648Renner:j c
(Telephone:714-536-5227)
•
•
Order No. 9636368-JM
Escrow No. 9762784M
WHEN RECORDED MAIL TO:
CONNIE BROCKWAY, CITY CLERK
OFFICE OF THE CITY CLERK
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
'-% ` EASEMENT DEED
/QI6 T or F ,
4-i
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BARTON A. KUBELKA, DDS, INC., MONEY PURCHASE PENSION PLAN 003, AS TO AN UNDIVIDED 76.47%
INTEREST,AND HARBOR BANK AS CUSTODIAN FBO:JOHN R.SNYDER BPS#483540582A31,AS TO AN UNDIVIDED
23.53% INTEREST
hereby GRANT(S) to
'1'ifE 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 27, 1997 This document is solely for tJ
official business of the City
of Huntington Beach, as contei
BARTON A. KUBELKA, DDS, INC., MONEY PURCHASE PENSION PLAN 003 plated under Go anent Code
Sec. 6103 and should be recorc
free of charge.
S Tax-Exempt-Government AgenE�
By: Barton A. Kubelka , DDS !CITY OF HUNTINGTON B1=ACb
Connie Brockway, CMO
HARBOR BANK AS CUSTODIAN FBO: JOHN R.,SNYDER BPS#483540582A31 City Der
Lincoln Trust Company, Successor Custodian iBy�
FBO 3oh 'n ------- eputy City Clork
By:
By:
runt OTTD A3 TO -,(,M
By. Dera� �.. J:tt:.;�:,.T
MAIL TAX STATEMENTS AS DIRECTED TO: :•i % ,
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
1 _ -,
.4•6
EXHIBIT "A"
LEGAL DESCRIPTION
FOR ROAD PURPOSES
A.P. NO. 110-2IU-02
BEING THAT PORTION OF THE SOUTH'ONE-HALF OF THE NORTHEAST;QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OFSECTION 34,
TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 13 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY LYING EASTERLY OF A LINE 55.00 1 U r WESTERLY, MEASURED AT
RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTEfI. OF SECTION
34.
EXCEPTING THEREFROM THE SOUTH 231 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED ►VITHIN THE
RESERVATION FOR ROADS, ETC. CONTAINED IN THE DEED RECORDED JULY 19,
1905 IN BOOK 91, PAGE 134 OF DEEDS.
CONTAINING AN AREA OF 2475 SQUARE Iit'hl, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHEI) HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATION, RESTRICTION, RIGHTS-OF-
WAY, EASEMENTS AND LEASE, OF RECORD, IF ANY.
/�" tea\ �`�'•'-'':
. 19402 � ;
r
,r9 CrVII
�CF CA1.�E�4
EXHIBIT "A"
AVIK.LDEN & LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPOSES
A.P. NO. 110-210-02
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0879-273-8 Date 11/15/9,,'1
18012 COWAN,SUITE 210 • IRVINE, CA 92714 Of?714/660-01 t0 PAX:660•0418 Engr. DIC. Chk. D.W. ,Sheet
- -
EXHIBIT "B"
NE GOR., SE 1/4, •
5EG. 34—\
6.
0 ELLIS \ AVENUE
I.
i
=-C)�
„y' `•.�. I
;� ram. -, I 53'
= `'t' it. I SO'
w
'G, J Si IL`--'---V
.) 30'
/ /
25'
I / i' EASEMENT FOR ROAD FLRPOSES
PER BOOK Ql, PAGE 134, DEEDS
55'/
EAST LINE OF 5E 1/4,
25' SEG. 34, T. 5 5., 11 W.,
.a'•,'�,. �' S.B.51'1.
A.
1 v' ••`.. h Co
}��• LL 44e1 v
, coI tn
INDIG. TE5 AREA
' �`° / DE5( IBED HERESY
-
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z 1
t I GA
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o
SCALE: 1'=100'
lt
1
EXHIBIT 'D'
ALD E N & swag ro ACCOMPANY A LEGAL DESCRIPTION
SSOCIATES FOR ROAD PURPO5E5
AP. NO. 110-210-02
18012 COWAN. SUITE 210, IRVINE. CA 92714 W.O. No�0879-2734i Date D`1/24/93
(714) 880-0110 FAX: 000-0410 Engr. D.C. Chk. Q.W. _ Sheet 2 Of 2
AMERI
0
,(_
STATE OF GAL �G]'CfC7U }ss.
COUNTY OF �)' 517IC }
On .7�/ 7 , before me, ,yam* -' lf' cif . .� /Z'5'•
personally appeared
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(saare
subscribed to the within instrument and acknowledged to me that hADthey executed the same
in hi er)-their authorized capacity(ies), and that by hi er heir signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature C %2�
My Commission Expires
(This area for official notarial seat)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008 (1/94) (General)
First American Title Insurance Company
'-c AMERI
4
.y
4*\\,,N 4011-1, _1(1 11.'
STATE OF CALIFORNIA }ss.
COUNTY OF ORANGE }
On JULY 11, 1997, before me, KATHERINE M. SOTO, personally appeared
BARTON A. KUBELKA, DDS, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official sea
Signature
• c KATHERINE
#03 8T307
NutsrY Public-California C
_ �cs ORANGE COUNTY 0
MY Commission Expires
("This area for official notarial seal) AUG. 4' f 998
15 E " 'C First •American Title Insurance Company
4v�`:.; •.°`e..,,.. 114 EAST FIFTHSTREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211
OJV ESCROW INSTRUCTIONS
BUYER / 0 99)
TO: FIRST AMERICAN TITLE INSURANCE COMPANY
I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION
OF $29,700.00 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 $29,700.00
TOTAL CONSIDERATION $29,700.00
FTRST 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:
BARTON A. KUBELKA, DDS, INC., MONEY PURCHASE PENSION PLAN 003, AS TO AN UNDIVIDED 76.47%
INTEREST, AND HARBOR BANK AS CUSTODIAN FBO: JOHN R. SNYDER BPS//483540582A31, AS TO AN
UNDIVIDED 23.53% INTEREST, AS TENANTS IN COMMON.
and when you can issue your standard coverage form policy of title insurance with liability of$29,700.00 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) % \241- k
SHOWING TITLE VESTED IN: RECEIVED
The City of Huntington Beach, a municipal corporation JUL 11 1991
FIRST AMERICAN
FREE OF ENCUMBRANCES EXCEPT: TITLE COMPANY
SANTA ANA,CA
1. ALL General and Special Taxes for fiscal year 97-98. ; _., _f_�
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.
•
ESCROW OFFICER ESCROW NO.: 9762784M
KATHERINE M. SOTO SIGN o R ET U R N DATE: May 27, 1997
PAGE 1
SIGN 1?)( RF.ITURN
ESCROW INSTRUCTIONS
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.
THE GENERAL I'ROVISIONS 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 CIT ' OF HUNTINGTON B E ACII, a municipal corporation
APPROVED AS TO FORM:'
` GAIT I?UT'TON, City Attorney
By: `�/ By:i Deputy City Attorney.
MAILING: 2000 Main Street, Huntington Beach, CA 92648 �,
FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 9 /IC21 ? 1
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:
BARTON A. KUBELKA, DDS, INC.
By:
HARBOR BANK AS CUSTODIAN FBO: JOHN R. SNYDER I3PS#483540582A31
' Lincoln Trust Company, Successor Custodian
By: By: A.t-� _ (7.. . 1T Z
ESCROW OFFICER ESCROW NO.: 97627841\4
KATHERINE 14I. SOTO DATE: May 27, 1997
PAGE 2
141 g CITY OF HUNTINGTON BEACH ((-_- '2- 7oy
•� INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk +I"-,- - _ �.; t_17
Office of the City Clerk
y� f- V� 1GGCcC�LZ _ _
Dep CityClerklI—
E,f:."; ✓ : _� , �/
To: /. ���i� //�F/,�'n
1r
Date: �,- l 7 = Meeting Date: ,..� i Agenda Item: �—7
Gv — At.
Approved City Council Agenda Items: The City Clerk's Office is unable to proceed with the execution of the
attached Agenda Item due to the following requirements that have not been met. When your Agenda Item is
ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office.
I. Signature(s)Needed
A On RCA
B On Agreement
C Other
2. Attachments
A Missing
B Not identified
C Other
3. Exhibits
A Missing
B Not identified
C Other
4. Insurance Certificate(Proof Of Insurance)
A Not attached
B Not approved by City Attorney's Office ,,,, c h „vUept zzep,t Zo ''7`z) /Z i.
C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached)
5. Wording On Request For Council Action(RCA)Unclear
A Recommended Action on RCA not complete
B Clarification needed on RCA
C Other
6. City Attorney Approval Required
7. Agreement Needs To Be Changed
A Page No.
8. Other
G agenda/misc/rcartd
97-704
Distribution:
White: Requesting Department
Yellow: Office Control File
Pink: Assigned Staff Member
REQUEST FOR LEGAL SERVICES FOLLOW-UP MEMORANDUM
To: Connie Brockway From: Office of the
City Attorney
Subject: Your Request for Legal Services Date: 9/5/97
This will acknowledge receipt of your Request for Legal Services,
below listed.
Dated: 9/4/97 Type of Legal Service Requested:
[ ] Ordinance [ ] Insurance
[ ] Resolution [ ] Bonds
[ ] Contract/Agreement [ ] Opinion
[ ] Other:
Description: approve to form escrow instructions : agenda item E-7
This Request for Legal Services has been assigned
to PAUL D 'ALESSANDRO for handling. He/she can be reached
through extension 5555.
The Control Number assigned to this request is: 97-704
Please reference this number when making any inquiries in regard to
this matter. Thank you.
0673L
Ir
•
JA en CITY OF HUNTINGTON BEACH
spa ta INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
•
Maybriee44eviry
Dew City Clerk—
To:
Date: -
7 7 7 Meeting Date: i, Agenda Item: -
l.*- ✓ — Aci
Approved City Council Agenda Items: The City Clerk's Office is unable to proceed with the execution of the
attached Agenda Item due to the following requirements that have not been met. When your Agenda Item is
ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office.
1. Signature(s)Needed
A On RCA
B On Agreement
C Other
2. Attachments
A Missing
B Not identified
C Other
3,. Exhibits
A Missing
B Not identified
C Other
4. Insurance Certificate(Proof Of Insurance)
A Not attached
B Not approved by City Attorney's Office - j�� �, , 7 �, - 1/e r'/
C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached)
5. Wording On Request For Council Action(RCA)Unclear
A Recommended Action on RCA not complete
B Clarification needed on RCA
C Other
6. City Attorney Approval Required
7. Agreement Needs To Be Changed
A Page No.
8. Other
G agenda/misdreartd
CITY OF HUNTINGTON BEACH
P.O.BOX 190,HUNTINGTON BEACH,CALIFORNIA 92648
09-17-97 020049 9762784M ECFCD23961O 30750_00 30750. 00
30750.00 .00 30750_00
Do.dot cash this check uniess.the.MICR numbering below.has'bledtthru,P,JNK,on'the everseside;:-This docuinent•hasan artificial watermark.on the reverse side a,i=`t,rt :_ ty?
CITY OF HUNTINGTON BEACH 16-49/1220
I1r).' GENERAL ACCOUNT
NUMBER
BOX 190
- kr
HUNTINGTON BEOACH,CALIFORNIA 92648 446267
PAY TO THE ORDER OF
DATE NUMBER \,* 1\ 1 ,�11J 30750..
07NET 5 NT
FIRST A�IERiCAN TITLE INS 09-17-97 446267 1*,1{1 1\y�11;***30750.D0
PO BOX 267
SANTA ANA CA
92702
CITY OF HUNTINGTON BEACH
VOID UNLESS PRESENTED FOR ENCASHMENT ,%_�n �Y_ 7 f 4 7,1 z'C!`,
WITHIN 90 DAYS FROM DATE OF ISSUE
UNION BANK OF CALIFORNIA
17122 BEACH BLVD.
HUNTINGTON BEACH,CA 92647
ll'446 26 711' ': L 2 2000496i: 2 7400 L 34 L9ll'