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HomeMy WebLinkAboutProperty Acquisition-Acceptance of Easement Deed-AP#111-130- �-. 94 • -APB , Council/Agency Meeting Held: S/97 o-6-C"` r 'r c`c Su m Deferred/Continued to: 7i•7 Q Approved ❑ Conditionally Approved CIDenied City Clerk's Signature G-o r -lL Council Meeting Date: September 2 , 1997 Department ID Number: AS 97-047 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, Attachment(s) Statement of Issue: Under the terms of the Holly-Seacliff Development Agreement, dated April 11, 1991, it is the City's responsibility to acquire the public right-of-way for all street widening within the Holly-Seacliff project. The parcel, as described below, needs to be acquired through escrow for the Goldenwest Street right-of-way widening between Ellis Avenue and Clay Street. Funding Source: Acquisition costs are to be paid by the Developer (PLC Land Company). No City Funds are required. Recommended Action: Approve the acquisition of AP #111-130-15 (a portion), 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 request execution by-Mayor--- -C.ity-Clerk with recording-to-follow Avid(`Ecf through indicated escrow. -,-i.� (-t+1 CA E.-Lc +he(. +-fs Acci9Ptanc Alternative Action(s): Do not authorize the escrow and the acquisition of this parcel and delay the widening and improvement of the Goldenwest street right-of-way. Analysis: The widening of Goldenwest Street right-of-way is an integral part of the implementing of the Holly-Seacliff Development Plan from Ellis Avenue to Yorktown Avenue. The precise street alignment was approved by Council on December 16, 1991 by Ordinance #3217. REQUEST FOR ACTION MEETING DATE: SEPTTYBER ;7, 1 Q97 DEPARTMENT ID NUMBER: AS 97-047 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 $53,710. Environmental Status: n/a City Clerk's Page Number 1. Escrow Instructions, Page 1 and 2. 2. Deed for acceptance, including legal and plat map. RCAGWRW4.DOC -2- 07/30/97 12:07 PM AUTHOR: Ima User Order No. 9636380-JM Exrow No. 9762748M WHEN RECORDED MAIL TO: THIS ORIGINAL DOCUMENT WAS SCMII EO AND ELECTRONICALLY RECOROCD Ord CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK SEP 1 7 1997 2000 MAIN STREET / 27 76��p Document No. HUNTINGTON BEACH, CA 92648 First American Title Insurance Co, This office is exempt from fling fees under Gotwrtrant die § 61.Oa Tax Due Per code 11922 , tW/Jr- i30-I5 EASEMENT DEED ° • 61-0 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILVIAN J. RENNER, AS TRUSTEE UNDER THAT CERTAIN DECLARATION OF TRUST DATED MAY 22, 1985, KNOWN AS THE WILVIAN J. RENNER TRUST hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for Public Street and Utility 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 June 10, 1997 *--42,14.11—J4e.e... ..;',- Wilvian J. Renner, ussttee APPROVED AS TO FORM GAIL HUTTON, City Attorney By' Deputy City Attorney This document is solely for Vila ��� official business of the City of Huntington Poach, as contem— plated urt'i e r Gov 'rn:oent Code Sec. 6103 and should be recorded free of charge. MAIL TAX STATEMENTS AS DIRECTED TO: Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Connie Brockway, CMG City Cler /('^ • By: eputy City Clerk yi EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC STREET AND UTILITY PURPOSES i�t.•\9 0 A.P. NO. 111-130-15 BEING THAT PORTION OF LOT 14 IN BLOCK "D" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AN) 28 OF MISCELLANFOTTS MAPS, IN THE OFFICE OF TILE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A T.TNF PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE. OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP. CONTAINING AN AREA.OF 4350 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD,IF ANY. .-0\ai S 1Q /'/w%0•/S N a� qq 19402 Its Exp.l,,d ,7- *, sf��Fi CA����4���' ALDEN & LEGAL DESCRIPTION SSOCIA�`ES FOR PUBLIC STREET AND UTILITY PURPOSES A.P. NO. 111-130-15 CIVIL ENGINEERS_PLANNERS-LAND SURVEYORS W.O. NO. 0867-273-8 Date 5/13/97 13012 COWAN,SUITE 210• IRVINE, CA 92714 Engr. D.0 Chic. D.W. Shcct 1 of 2 714/130.011u PAN.660.0413 - - . . ,„_. _, . T _ EXHIBIT 'B» `' LI Plk D r_ , . �`� !eJ CJ A r r GARFIELD A VENUE NW GOR. SEG. 2, T. G5., R. 11W. 55.B1'1, le 11 10 9 8 `v,., GO'A .N28 ` r:• / /�, rev• %. 30` 13 :\ / -DArhxv. AY WEST LINE OF NW 1/4, 14 `' `J�J!J\ SEG. 2, T. G 5., R. 11 W., Lam, J l�Jr 5B61r1. J�t1� 4. ` Lu 14.4 J ' .c J J' 4 ) �r a llL _ , )I G D' �1;�• �.J: i v I / I �C�� ��N \n \ 1. f) 1C uI . 15 SCALE: 1'=100' LEGEND -0 INDICATES AREA C3 1G DESCRIBED HEREIN g I EXHIBIT '8' IghirtAiy.LDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S O C IATE S ' rag' ROAD PURPOSES AP. NO. 111-130-15 ACKNOWLEDGEMENT 6 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On July 21, 1997, before me, C. WILLIAM CARLSON, JR., a notary public, personally appeared, WILVIAN J. RENNER, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r ., e -. C. William Carlson, Jr.� V tom► _ Comm. #1124743 _�i '_%q. NOTARY PUBLIC-CALIFORNI � III COUNTY I Y / >` Compm. Feb. 2001 NOTARY PUBLIC SIGNATURE (SEAL) gCITY 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 June 10, 1997 from Wilvian J. Renner 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 10, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY ERK By: putt' City Clerk g:\followup\deedcert 9/10/971 deedcert/5648Renner:j c (Telephone: 714-536-5227) .1• AMER , �~4 - First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 JROPERTY JUL "J 0 1997 July 29, 1997 1VIANAGEMEN1i CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTN: PAUL LARKIN Our Escrow No. 9762748M (APN 111-130-15) We are sending you the items checked below: [✓] Escrow Instructions - please sign and return one copy [✓] Easement Deed - for your acceptance [✓] Estimated Closing Statement - for your review and approval Please issue a check in the amount of$53,710.00 for closing of the above referenced escrow. If you have a question regarding this transaction, please contact the undersigned. Sincer a erine . Soto - Escrow Officer Direct Telephone Number - (714) 558-3211 x7292 Fax Number - (714) 647-2235 ks enc delivery . f G 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 PROVISIONS SET OUT IN SCHEDULE "A" ATTACHED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: :L IF VtFY.OF IIUNTINGTON BEACH, a municipal corporation APPROVED AS TO FORM • :•;•.•; . •. GAILR HUTTON , City Attorney • ' ' NIAILPNG: 2000 Main Street, Huntington Beach, CA 92648 By: Deputy City Attorney FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 7//z/77 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: Wilvian J. Renner, Trustee • _ ESCROW OFFICER ESCROW NO.: 9762748M KATIIERINE M. SO'I'O DATE: June 10, 1997 PAGE 2 1 • s' AMER , First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 • • ERQQE. R?y ESCROW INSTRUCTIONS BUYER MANAGEMENT TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER.DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF $52,700.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY BUYER SHALL DEPOSIT PRIOR TO CLOSE OF ESCROW $52,700.00 TOTAL CONSIDERATION $52,700.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for us an Easement Deed executed by: WILVIAN J. RENNER, AS TRUSTEE UNDER THAT CERTAIN DECLARATION OF TRUST DATED MAY 22, 1985, KNOWN AS TI"IE WILVIAN J. RENNER TRUST and when you can issue your standard coverage form policy of title insurance with liability of$52,700.00 as issued through FIRST AMERICAN TITLE INSURANCE COMPANY, on the following described property situated in the City of Huntington Beach, County of Orange, State of California: (legal attached) SHOWING TITLE VESTED IN: The City of Huntington Beach, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. ALL General and Special Taxes for fiscal year 97-98. 2. The lien of supplemental taxes which may be assessed as a result of revised assessed values. 3. Assessments and/or bonds - None. 4. Covenants, conc:itions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. • SIGN & RETURN ESCROW OFFICER ESCROW NO.: 9762748M KATHERINE M. SOTO DATE: June 10, 1997 4) PAGE 1 C� • SIGN nr r�� 1 �a•. r'-` - ‘4 AMER,e First American Title Insurance Company .re 114 EAST FIFTH ST.• P.O.BOX 267• SANTA ANA,CA 92702-0267 • rifisr-klyve424 43-41 /trig:TA/1S /-1 I es-5--Toct t6cAO-1,-?7‘,754e--/11 GA-1-fiff /-10A) 4- 9)-701 • gT - 0 ti - -9 t ` r first American Title Insurance Company 114 EAST FIFTH STREET,(P.O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714)558-3211 FAX(714)647-2235 PRQPERjy JUL 3 0 1997 BUYER/BORROWER CLOSING STATEMENT MGM ESCROW STATEMENT OF: Escrow: 9762748M CITY OF HUNTINGTON BEACH Escrow Officer: KATHERINE M. SOTO Date: July 29, 1997 Closing Date: 08/04/97. Estimated Seller: WILVIAN J. RENNER Property Address: PORTION OF APN 111-130-15 HUNTINGTON BEACH, CA TOTAL CONSIDERATION 52,700.00 PLUS CHARGES TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMPANY OWNERS POLICY FOR $52,700.00 360.00 ESCROW CHARGES TO FIRST AMERICAN TITLE ESCROW FEE 400.00 PAD FOR MISC. CHARGES 250.00 TOTAL DEBITS 53,710.00 LESS: CREDITS TOTAL CREDITS BALANCE DUE ESCROW 53,710.00 4. 4/ ), ( j, ) vet 1/, COPY FOR YOUR RECORDS • A " F. A First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 o� : ;- MRQPERTY 0 , Owe ESCROW INSTRUCTIONS Jill n 199/ BUYER MANAGE TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF $52,700.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY BUYER SHALL DEPOSIT PRIOR TO CLOSE OF ESCROW $52,700.00 TOTAL CONSIDERATION $52,700.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for us an Easement Deed executed by: WILVIAN J. RENNER, AS TRUSTEE UNDER THAT CERTAIN DECLARATION OF TRUST DATED MAY 22, 1985, KNOWN AS THE WILVIAN J. RENNER TRUST and when you can issue your standard coverage form policy of title insurance with liability of$52,700.00 as issued through FIRST AMERICAN TITLE INSURANCE COMPANY, on the following described property situated in the City of Huntington Beach, County of Orange, State of California: (legal attached) SHOWING TITLE VESTED IN: The City of Huntington Beach, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. ALL General and Special Taxes for fiscal year 97-98. 2. The lien of supplemental taxes which may be assessed-as a result of revised assessed values. 3. Assessments and/or bonds - None. 4. Covenants, comitions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. U SIGN & RETURN ESCROW OFFICER ESCROW NO.: 9762748M KATI-IERINE M. SOTO a LLa DATE: June 10, 1997 PAGE 1 9-14- /S/ 7Le'l/ irit) SIGN 't aa 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. TILE GENERAL PROVISIONS SET OUT IN SCIIEDULE "A" ATTACHED IIERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: THE CITY OF HUNT I►GTON BEACH, a municipal corporation � P r` s ,/r APPROVED AS TO FOP.A / / �.11` GAIL HUTTONm City Attorney By: / (((// By Deputy pity Attorney MAILING: 2000 Main Street, Huntington Beach, CA 92648 ‘P-'t-a ------1 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 / 1 Ll / 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:, .'"-le - ---X 4-te).•.2_,' -7.y.„,_ . ;21-2,--.1) %:7:-4e-fl ___Y Wilvian J. Renner, Trustee , 4 ESCROW OFFICER ESCROW NO.: 9762748M KATHERINE M. SOTO DATE: June 10, 1997 PAGE 2 ' SCHEDULE "A" 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 ally 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 attorneys) and/or the accountants) 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. RIGITT 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 htrther 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 T , ' 9: TEI,2MINATION OF AGEN(' TLIGATIONS 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 author,ty 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 ining fire, hazard or liability insurance, unl iscrow Holder has • received written instruction prior tc, of escrow from the parties or their respec.__ _ lenders. 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 he 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 I[older is not obligated to withhold or notify the parties of any withholding obligation they may have. FEDERAL LAW: In.erual 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 ar partnership controlled by non-residents or non-resident corporations or partnerships. 'Nith 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 attorney's, 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 TAXPAY IDENTIFICATION 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 reminders and other notifications, and processing of the funds so held in accordance with this "funds held" fee agreement. • '� Sellers initials Buyers initials • 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. • • • GP(Rev. 2/97) Page 4 of 4 1"..,,,.. p•Vr.i•nr•Y ' • EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC STREET AND UTILITY PURPOSES A.P. NO. 111-130-15 BEING THAT PORTION OF LOT 14 IN BLOCK "D" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOR.7, PAGES 27 AND 28 0.F MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A L1NF. PARALLEL WITH AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP, CONTAINING AN AREA OF 4350 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "13" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD,IF ANY. . i.toiS f0"".. PI�`� 0 0,1 ) ' 4\ 61) /;i1/1 ON . ‘;11 1. 19402 'I vt 4 Ex:11a if,/ to( \s :714: ,�� Alkirie.LDEN & LEGAL DESCRIPTION SaCIA'I`�S FOR PUBLIC STREET AND UTILITY PURPOSES A.P. NO. 111-130-15 CIVIL ENGINEERS�-PLANNERS-LAND SURVEYORS ` .O NO. 0867-273-8 Date 5/13/97 111012 COWAN,SUITE 210. IRVINE.CA 92714 Eingr. D.0 C.Iak. D.W. Shcct 1 of 2 714/660-0IIu 1•AX:00-04IR , EXHIBIT 1 J ►. , ) r;.,(�f6• J_ 1' e‘ C-• G A 3 �, 0 GARFI ELD AVENUEr . NW GOR. 5EG. 2, ' T. G 5., R. 11 W. 5.8B11, I 1;. 11 10 9 8 , A 6O' 'N 28 �i, n", / / (CJ' ., '� 30' 13 "J�_ r ����• / /30 FJ J�`), -yt•--/- x /1 X WEST LINE OF NW 1/4, / 14 r' �JJ��-Z, 5EG. 2, T. G 5., R. 11 W., �, r J v J (� r• SBB11. x C,c6.7 L. 1. ("- • � CJ - • 0 / / F-- v r,�C ,-, Iv �� 1 e SCALE: ]'=100' Z 15 c Q LEGEND 0 INDICATES AEA 0 1G 7 // DESCRIBED lit.WIN 1 NlitA,.LDEN 8C EXHIBIT SKETCH TO ACCOMPANY A•LEGAL DESCRIPTION SSOCIATES • roR ROAD PURPOSES A.P. NO. 111-130-15 18012 COWAN, SUITE 210, IRVINE, CA 82714 W.O. No .0879-273-8 Dote__.11L1D/`I.3 I.91 .\ Ann Alin i'••r nnn n• ,n ^ ^ ^... t :t. • "' CITY OF HUNTINGTON BEACH _ P.O.BOX 190,HUNTINGTON BEACH,CALIFORNIA 92641 • , 09-10-97 019991 9762748M ECFCD239610 53710.00 53710.0D 53710.00 • .00, 53710.00 Do not cash this 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 GENERAL ACCOUNT P. NUMBER 1 •' HUNTINGTON BEACH,CALIFORNIA 92648 445404 1 PAY TO THE ORDER OF - DATE NUMBER NETAMOUN FIRST ;AMERICAN TITLE- INS •- 094,-1.0-97; 445404- hc\4*Will\c\\*$***.5371O 00 PO BOX 267-: SANTA ,ANAiCA 92702 - -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 11'44.5.40411' 1: L 2 '20004961: 2 400 L 34 L911' • - ' • J, en CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 10, 1997 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find Deed No. 5648 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. 61(A,Lb YADei---tthtt Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Deed 5648 - Renner Received b : Date: Escrow N . 9762748M G.\followup\deedltr.5647/Kubelka (Telephone: 714-536-5227) [64, 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 June 10, 1997 from Wilvian J. Renner 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 10, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY ERK By: getd-e-Y eputy City Clerk g:\followupldeedcert 9/10/971 deedcert/5648Renner:j c (Telephone:714-536-5227) , r `,��' AME '` ' First American Title Insurance Company p y , 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 PROPERTY N,-�\ jlt—e- ESCROW INSTRUCTIONS JUL 0 199 BUYER MARAGEMEIaq TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF $52,700.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY • BUYER SHALL DEPOSIT PRIOR TO CLOSE OF ESCROW $52,700.00 TOTAL CONSIDERATION $52,700.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for us an Easement Deed executed by: WILVIAN J. RENNER, AS TRUSTEE UNDER THAT CERTAIN DECLARATION OF TRUST DATED MAY 22, 1985, KNOWN AS THE WILVIAN J. RENNER TRUST and when you can issue your standard coverage form policy of title insurance with liability of$52,700.00 as issued throigh 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: I. 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, conLitions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. vVl SIGN & RETURN ESCROW OFFICER . ESCROW NO.: 9762748M KATHERINE M. SOTO DATE: June 10, 1997 PAGE 1 umPA. pri-I10?. � y • ' 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 PROVISIONS SET OUT IN SCHEDULE "A" ATTACHED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: ;'I▪IE `LTY.OF HUNTINGTON BEACH, a municipal corporation ▪ •y.'4 APPROVED AS TO FORM ; ;•;•••;•••: ; GAIL HUTTON„ City Attorney •; ;• •• By: Deputy City Attorney 2000 Main Street, Huntington Beach, CA 92648 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 7/'z/77 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: Wilvian J. Renner, Trustee • .„ ESCROW OFFICER ESCROW NO.: 9762748M KATHERINE M. SOTO DATE: June 10, 1997 PAGE 2 ESCROW INSTRUCTIONS ADDITIONAL TERMS AND CONDITIONS: Prorate and/or adjust the following as of close of escrow only as to Item(s) No. (N/Al. 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 PROVISIONS SET OUT IN SC11EI)ULE "A" A'Vl'ACIIED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY TILE 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 HUNT GTON BEACH, a municipal corporation P c APPROVED AS TO FOP,I`4:l PE GAIL MUTTON,„ City Attorney By: By:: Deputy pity Attorney MAILING: 2000 Main Street, Huntington Beach, CA 92648 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 2/ 1 L/ /' 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: • Wilvian J. Renner, Trustee ESCROW OFFICER ESCROW NO.: 9762748M KATIIERINE M. gyro PAGE June 10, 1997 PAGE 2 AMER 'C' First American Title Insurance Company : --. 114 EAST FIFTH STREET, . O. BOX 267) SANTA ANA CALIFORNIA 92702 (714) 558-3211 _. .:' 2RQPERTY ESCROW INSTRUCTIONS JUL ba 0 1991 BUYER MANAG 'p TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF $52,700.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY BUYER SHALL DEPOSIT PRIOR TO CLOSE OF ESCROW $52,700.00 TOTAL CONSIDERATION $52,700.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for us an Easement Deed executed by: WILVIAN J. RENNER, AS TRUSTEE UNDER THAT CERTAIN DECLARATION OF TRUST DATED MAY 22, 1985, KNOWN AS THE WILVIAN J. RENNER TRUST and when you can issue your standard coverage form policy of title insurance with liability of$52,700.00 as issued through FIRST AMERICAN TITLE INSURANCE COMPANY, on the following described property situated in the City of Huntington Beach, County of Orange, State of California: (legal attached) SHOWING TITLE VESTED IN: The City of Huntington Beach, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. ALL General and Special Taxes for fiscal year 97-98. 2. The lien of supplemental taxes which may be assessed as a result of revised assessed values. 3. Assessments and/or bonds - None. 4. Covenants, conc:itions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. • SIGN & RETURN v. ESCROW OFFICER ESCROW NO.: 9762748M KATHERINE M. SOTO DATE: June 10, 1997 • �" Q-eI�r),%,,V lD / PAGE 1 SI(� 1 �'t PrT! ►ml . SCHEDULE "A" 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,Jo 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 ANI) 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 PROI'ERTY 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 expessly 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 • V. TERMINATION Oh AGEN OBLIGATIONS 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 l-Iolder'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 Molder 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 iIolder 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 ilolder 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 lie concerned with any question of usury in any loans or encumbrances involved in the processing of this escrow and Escrow Molder 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 aid 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 OIL 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 authur1ty 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 fo, gaining fire, hazard or liability insurance, ur' Escrow Holder has • received written instruction prior I )se of escrow from the parties or their respr;,_ a lenders. 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'TIE 'TRANSACTION WHICH IS THE SUBJECT OF TIIIS ESCROW IS A SALE, TIIE PARTIES TO TIIIS TRANSACTION MAY IIAVE CERTAIN TAX REPORTING AND WITIHIOLDING OBLIGATIONS PURSUANT TO STATE LAW OR FEDERAL DERAL LAW REFERRED TO IN GENERAL PROVISIONS 19-21 BELOW. 19. REI'ORl'ING '1'O 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 WITIIIIOLDING OBLIGATIONS OF'TIE 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 ptnalty 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 TITAN 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 Ilolder is not obligated to withhold or notify the parties of any withholding obligation they may have. FEDERAL LAW: imerual 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 3r 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 attorney's, 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 TAXPA1 ' IDENTIFICATION 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 I-Iolder 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 reminders and other notifications, and processing of the funds so held in accordance with this "funds held" fee agreement. • '� Sellers initials Buyers initials • PURSUANT TO CIVIL CODE SECTION 1057.7, FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY TIIE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. • GP(Rev. 2/97) Page 4 of 4 Pr ' `;�s EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC STREET AND UTILITY PURPOSES A.P. NO. 111-13'0-IS BEING THAT PORTION OF LOT 14 IN BLOCK ND" OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF TIIE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A I.TNF PARALLEL WITFI AND 60.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST I.TNE OF THE • NORTHWEST QUARTER OF SECTION 2, TOWNSII P 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND A[ERIDIAN, AS SHOWN OIV SAID MAP. CONTAINING AN AREA OF 4350 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY. ���w��0�', i ' Fyn;. .)19402 vi Exp 1 _. V PI-OF I CA0 : .dVykiM 4 LEGAL DESCRIPTION ALDr FOR PUBLIC STREET AND UTILITY PURPOSES SSOCIATES A.P. NO. 111-130-15 CIVIL ENGINEERS—PLANNERS--LAND SURVEYORS W.O. No 0867-273-8 Date 5/13/97 IT011 COWAN,SUITE 210• IRVINE. CA•92 14 i 3ngr. D.C. Chk. D.W. Shcct I of 2 7141660-01 I II I.AR:660.04111 ♦ EXHIBIT 'B" ,, \ \`,,, AA 1J. n N <\ C-. ) J .< J J (&,• At- GARFIELD AVENUE L__ . NW GOR. 5EG. 2, 1 T. G 5., R. 11 W. 5.5511, 1 11 10 q 8 A ,�., 6O' 28 )' nA\ _ / (CJ• ., \, 30' 13 C J.� `C`' 'b \• / / r_., \ 30' Cy, �/ / J -1 J. `• Z. / . F a WEST LINE 0f NW 1/4, / �`, `\, / SCC. 2, T. G 5., R. 11 W., 14 s`J 1-,„v (,cNv c 5B6l1. • LEI // rJ (�'.i . '• \ 1.1.4 / . \ G. NI / r� \v n�') GO' \ 17 v �1�' tug • SCALE: 1'=100' 15 c l LEGEND 0 -. // INDICATES AREA LI 16 / DESCRIBED h,_;eEIN 1 EXHIBIT •8' AVALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S ' fOR ROAD PURPO5E5 Al'. NO. 111-130-15 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No 0879-273-8 Dcte_ 11L15/%3 r-,1 r\ nnn n 1 1 n L^... nnn n11O .... 115_-'' l CITY OF HUNTINGTON BEACI-i_. P.O.BOX 190,HUNTINGTON BEACH,CALIFORNIA 926 09.10-97 019991 . 9762748M ECFCD239610 53710..00 53710.00, 53710.00 .00 53710.00 r.•.,;"3<'Do not cash.this 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 ;. .y GENERAL ACCOUNT ' NUMBER \ 4;1' P.O.BOX 190 "01 HUNTINGTON BEACH,CALIFORNIA 92648 445404 PAY TO THE ORDER OF DATE NUMBER 144#0WIS***53710.00 NET 371 FIRST , AMERICAN TITLE INS � �— 09-10-97 : 445404 3**f53770.00 PO BOX 267 SANTA ANA CA 927132 CITY OF HUNTINGTONINJ BEACH VOID UNLESS PRESENTED FOR ENCASHMENT L.�; - 77159.E ' / �;"X WITHIN 90.DAYS FROM DATE OF ISSUE /� UNION BANK OF CALIFORNIA / G/ 17122 BEACH BLVD. HUNTINGTON BEACH,CA 92647 ll'44 540411' I: L 2 2000 4 9 61: 2 7400 L 34 L9ti' c J.4 EA CITY OF HUNTINGTON BEACH � b INTER-DEPARTMENT COMMUNICATION '� L HUNTINGTON BEACH Connie Brockway, City Clerk •! Office of the City Clerk Ij J : 'i : 1_ Deputy City Clerk i To: 4 ,(//twiz Date: Dting Date: q/off/7 7 Agenda Item: G2, 2; , C ///- 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 es-eitert410 geD C Signed form notifying City Clerk that department will be responsible for obtaining insuranc certifica n 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 r ♦ CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Marginicettrirrr. JAr►e I I e Deputy City Clerk W _ To: Date: V/0/9 -7 tl/leeting Date: 9/4/7 7 Agenda Item: (.�/X.,-i e, /?r ///- /,.q: 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 r, � �- tG��' 44,A4,0Louti C Signed form notifying City Clerk that department will be responsible for obtaining insuranc certificdo 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/mrsc/rcartd • / S 1 AMER, 4 First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 PROPERTY JUL 5 0 1997 July 29, 1997 MANAGE/ EMI CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTN: PAUL LARKIN Our Escrow No. 9762748M (APN 111-130-15) We are sending you the items checked below: [✓] Escrow Instructions - please sign and return one copy [I] Easement Deed - for your acceptance [✓] Estimated Closing Statement - for your review and approval Please issue a check in the amount of$53,710.00 for closing of the above referenced escrow. If you have a question regarding this transaction, please contact the undersigned. Sincer a erine . Soto - Escrow Officer Direct Telephone Number - (714) 558-3211 x7292 Fax Number - (714) 647-2235 ks enc delivery ate/4_0 51 AMB .t10 ..cc �. 1i first American Title Insurance Company 'may; v 114 EAST FIFTH STREET, (P O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714)558-3211 DFAXX(714)647-2235 PRO.-. ERTY. JUL 3 0 1997 BUYER/BORROWER CLOSING STATEMENT WNAGEMEITI ESCROW STATEMENT OF: Escrow: 9762748M CITY OF HUNTINGTON BEACH Escrow Officer: KATHERINE M. SOTO Date: July 29, 1997 Closing Date: 08/04/97 Estimated Seller: WILVIAN J. RENNER Property Address: PORTION OF APN 111-]130-15 HUNTINGTON BEACH, CA TOTAL CONSIDERATION 52,700.00 PLUS CHARGES TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMPANY OWNERS POLICY FOR $52,700.00 360.00 ESCROW CHARGES TO FIRST AMERICAN TITLE ESCROW FEE 400.00 PAD FOR MISC. CHARGES 250.00 TOTAL DEBITS 53,710.00 LESS: CREDITS TOTAL CREDITS BALANCE DUE ESCROW 53,710.00 i 11)1 l 7 COPY FOR YOUR RECORDS -, AMER , First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 PROPERTY. JUL 0 1991 July 29, 1997 IANAGEMENI1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTN: PAUL LARKIN Our Escrow No. 9762748M (APN 111-130-15) We are sending you the items checked below: [✓] Escrow Instructions -please sign and return one copy [✓] Easement Deed - for your acceptance [✓] Estimated Closing Statement - for your review and approval Please issue a check in the amount of$53,710.00 for closing of the above referenced escrow. If you have a question regarding this transaction, please contact the undersigned. Sincer a erine . Soto - Escrow Officer Direct Telephone Number - (714) 558-3211 x7292 Fax Number - (714) 647-2235 ks enc delivery ' . Alba! 0 First American Title Insurance Company may; 114 EAST FIFTH STREET, (P O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714) 558-32 11 FAX(714) 647-2235PRQi ERT JUL 3 0 1997 BUYER/BORROWER CLOSING STATEMENT MAGJ ESCROW STATEMENT OF: Escrow: 9762748M CITY OF HUNTINGTON BEACH Escrow Officer: KATHERINE M. SOTO Date: July 29, 1997 Closing Date: 08/04/97 Estimated Seller: WILVIAN J. RENNER Property Address: PORTION OF APN 111-130-15 HUNTINGTON BEACH, CA TOTAL CONSIDERATION 52,700.00 PLUS CHARGES TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMPANY OWNERS POLICY FOR $52,700.00 360.00 ESCROW CHARGES TO FIRST AMERICAN TITLE ESCROW FEE 400.00 PAD FOR MISC. CHARGES 250.00 TOTAL DEBITS 53,710.00 LESS: CREDITS TOTAL CREDITS BALANCE DUE ESCROW 53,710.00 2,A; I � / vt.7 COPY FOR YOUR RECORDS