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HomeMy WebLinkAboutSale of Property - Deferred Compensation Program - 1.11 Acre A 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION TO: Connie Brockway, City Clerk FROM: Dan M. Brennan, Director Real Estate Services SUBJECT: Sale of Property in Hesperia - (Ochoa) DATE: March 7, 1997 Enclosed, per your request, copy of above referenced recording information on property in Hesperia, Calif. IF C -0 2 CD cr—<'c�m► nz ri r - cc: Ray Silver, Assistant City Administrator c� RobertFranz, Deputy City Administrator OCHOATD.DOC 03/07/97 9:26 AM DATE: FROM: Connie Brockway, City Clerk SUBJECT: COMPLET/ON BY YOUR DEPARTMENT OF C/TY COUNCIL APPROVED AGENDA ITEM ITEM: Date Approved: The above item can be officially filed if the following requirements are met: 7Z 4NSvlte- Ira 7' 74KC �no�++��/ 1S /7 o /017 el- /n 1 - j-70"*2 o1Q 7%t Cell o-1(-1 A/45 -2-')vve /'t j7'4w1 jl—�e741 7a,oAirciL&WP lie cc- i lhJ�M�n�7id>-, .1^' `Ig�� /107 le7 o0e ceiv10p 7%< /7 ., 71 ►t In order for the City Clerk's Office to proceed, please check (,/) as applicable: 417 ( ) The necessary requirements will be provided by Date OR ( ) Completion of this item is no longer necessary. Department Head Signature City Attorney Deputy City Attorney cc: City Attorney City Administrator CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Robert Franz, Deputy City Administrator FROM: Connie Brockway, City Clerk SUBJECT: SALE OF CITY PROPERTY IN CITY OF HESPERIA- (DEFERRED COMPENSATION PROGRAM) DATE: April 18, 1996 Attached at the request of Dan Brennan, Real Property Manager, is the original deed and contract relative to the City Council approved Agenda item on April 15, 1996 regarding sale of city property in the City of Hesperia- Ochoa- 1.11 acres Main Street-Hesperia-APN 408-152-01 - San Bernardino County. Please ensure that a copy of the recorded deed is returned to the Huntington Beach City Clerk. 91 96-003 mh CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Ia - TO: Robert Franz, Deputy City Administrator FROM: Connie Brockway, City Clerk SUBJECT: Attached 4/18/96 Memo DATE: October 1, 1996 Please provide a copy of the recorded deed as requested in the attached 4/18/96 memo. This is required to complete the City Council records. 96-9341n.doc Ia Wu_.- 4.4"A& CITY OF HUNTINGTON BEACH ; INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Robert Franz, Deputy City Administrator FROM: Connie Brockway, City Clerk SUBJECT: SALE OF CITY PROPERTY IN CITY OF HESPERIA- (DEFERRED COMPENSATION PROGRAM) DATE: April 18, 1996 Attached at the request of Dan Brennan, Real Property Manager, is the original deed and contract relative to the City Council approved Agenda item on April 15, 1996 regarding sale of city property in the City of Hesperia- Ochoa- 1.11 acres Main Street-Hesperia- APN 408-152-01 - San Bernardino County. Please ensure that a copy of the recorded deed is returned to the Huntington Beach City Clerk. 96-003mh e Recorded in Official Records, County of ' San Bernardino, F 11 MackzLmt, Recorder • Continental Lawyers Title Comp, -, Doc No . 199 0137340 RECORDING REOUESTED BY: @ g ; 0 0 am @ 4/2 2/9 6 AND WHEN RECORDED MAIL TO: r }� City of Huntington Beach Vol Itl}�l I�I n Itil lal. ers Dan Brennan / Real Estate Services WJC J 2000 Main Street 2 3 4 5 6 7 B 9 0 Huntington Beach, CA 92648 PG API GIMS PN CPY CRT CPY ADD NM PEN PR PCOR a 5 6 NON ST LN SVY CIT-CO TRANS TAX DA NRG EXAM A.P.N.: 408-152-01 Title Order No. 402602 Escrow No. 14655-PM SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS THIS DEED OF TRUST, made this Nineteenth day of March, 1996, between TRUSTOR: OVIDIO A. OCHOA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AND ARNULFO OCHOA, A SINGLE MAN, AS JOINT TENANTS whoseaddressis 10362 8th Avenue, Hesperia, CA 92345, and TRUSTEE: Continental Lawyers Title Company; a California Corporation, and BENEFICIARY: CITY OF HUNTINGTON BEACH, A MUNICIPAL Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the City of Hesperia, San Bernardino County, State of California, described as: =- Lot 38, Tract 4725, as per plat recorded in Book 59 of Maps, Pages 72 to 75, inclusive, records of said County. This Note is given and accepted as a portion of the purchase price. This Deed of Trust is given and accepted upon the express provision that should the property hereinbefore described, or any part hereof, be conveyed or alienated by Trustor, either voluntarily or by operation of law,.without Beneficiary's written consent, then all sums secured hereby shall, at Beneficiary's option, become immediately due and payable. TOGETHER WITH the rents,issues,and profits thereof,SUBJECT,HOWEVER,to the right,power and authority given to-a9d conferred upon Beneficiary by paragraph 10 of the provisions incorporated by reference to collect and apply such rents,issues and profits. FOR THE PURPOSE OF SECURING: 1.Performance of each agreement of Trustor incorporated by reference or contained herein. 2.Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension o of $80,000.00 executed by Trustor in favor of Beneficiary.or order. 3.Payment of such further id property hereafter may borrow from Beneficiary,when evidenced by another note(or notes)reciting it is ,County Book Page County Book Page Coun Book Page Coun rok Page Alameda 435 684 Imperial 1091 501 Merced T 7 538 San Ber - 8 181 Alpine 1 250 Inyo 147 598 Modoc 184 951 San Bet 05 182 Amador 104 348 Kern 3427 60 Mono 52 429 San Fra 51 689 Butte 1145 '1 Kings 792 833 Monterey 2194 538 San Joa 15 456 Calaveras 145 152 Lake 362 39 Napa 639 86 San Lui 2 297 Colusa 296 617 Lassen 171 471 Nevada 305 320 San Ma' 1 289 Contra Costa 3978 47 Los Angeles 12055 899 Orange 5989 611 Santa B 366 Del Norte 78 414 Madera 810 170 Placer 895 301 Santa C...... ___ -- ------ __94 275 E1 Dorado 568 456 Marin 1508 339 Piumas 151 5 Santa Cruz 1431 494 Tuolumne 135 47 Fresno 4626572 Mariposa 77 292 Riverside 3005 523 Shasta 684 528 Ventura 2062 386 Glenn 422 184 Mendocino 579 530 Sacramento 4331 62 Sierra 29 335 Yolo 653 245 Humboldt 657 527 San Diego Series 2 Book 1961,Page 183887 Yuba 334 486 (which provisions,identical in all counties,are printed on page 3 of this document)hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length;that he will observe and perform said provisions;and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property,obligations,and parties set forth in this Deed of Trust. In accordance with Section 2924b,Civil Code,request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale be mailed to Trustor at Trustoes address hereinbefore set forth,or if none shown,to Trustor at the property address. PAGE 1 OF 4 A.P.N.: 408-152-01 N'OTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES,A NEW REQUEST MUST BE RECORDED. Signature of Trustor(s) Ovidio A. Ochoa Arnulfo Othoa Document Date: March 19, 1996 STATE OF CALIFORNIA )SS COUNTY OF /{y 5e't-14"'K6 ) // ,,,,// �� -/ / r �G / ,C On 94Q.,` 2Z y /g before me, A4,1 1Ri 10le if l �41911P /I IQ�`P (� personally appeared 0'-G6 0 ok y /9rrrU p O mo a (or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s}*are subscribed to the within instrument and acknowledged to me that he4he they executed the same in his fly/their authorized capacity(ies)and that by hi-Acs/their, signatures) on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. VkTI'NTSS my hand and official se/all.. Signature tR U'do t/�`16k This area for official notarial seal. r �y�F'•. ^Mathilde Kirkland Comm.#1066616 �+ 2 NOTARY PUBLIC•CALIFORNIA y SAN BERNARDINO COUNTY Fo N` Com- Exp.July 27,1999 PAGE 2 OF 4 fr J� 4' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION C` HUYTIkGTO.V BEACH TO: Robert Franz, Deputy City Administrator FROM: Connie Brockway, City Clerk SUBJECT: SALE OF CITY PROPERTY IN CITY OF HESPERIA - (DEFERRED COMPENSATION PROGRAM) DATE: April 18, 1996 Attached at the request of Dan Brennan, Real Property Manager, is the original deed and contract relative to the City Council approved Agenda item on April 15, 1996 regarding sale of city property in the City of Hesperia- Ochoa- 1.11 acres Main Street -Hesperia - A_ PN 408-152-01 -. San Bernardino County. Please ensure that a copy of the recorded deed is returned to the Huntington Beach City Clerk. 96-003 mh •JJ CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MUNnNGTON BEACH III TO: Robert Franz, Deputy City Administrator FROM: Connie Brockway, City Clerk SUBJECT: Attached 4/18/96 Memo DATE: October 1, 1996 Please provide a copy of the recorded deed as requested in the attached 4/18/96 memo. This is required to complete the City Council records. 96-9341n.doc . Auu.,_.. Page 22 - Council/Agency Minutes - 04/15/96 (City Council) Final Tract Map No. 14134 -A Portion Of Tentative Tract-Map No. 14134 - (Phase 8) - Sunfcrest South - South East Seapoint Street And Palm Avenue - Seacliff Partners -Approved (420.60) - Approved Final Tract Map No. 14134 and accepted the offer of dedication and improvements, and bonds pursuant to the following findings and requirements; Findings for Acceptance: Final Tract Map No. 14134 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission; offer of dedication and improvements are subject to completion of requirements shown on the tentative map; the City Clerk is instructed to file the bonds with the City Treasurer: (Faithful Performance and Labor and Material Bond B-96-013266 and Monument Bond No. B96- 013267; instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until Conditions 3a through 3d have been complied with; and approved and authorized execution of the Subdivision Agreement. (City Council) Final Tract Map No. 14653 -A Portion Of Tentative Tract Map No. 14134 - (Phase 7) - Sunfcrest South - South East Seapoint Street And Palm Avenue - Seacliff Partners- Approved (420.60) - Approved Final Tract Map No. 14653 and accepted the offer of dedication and improvements, and bonds pursuant to the following findings and requirements; Findings for Acceptance: Final Tract Map No. 14653 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Ordinance and Tentative Tract Map No. 14653 conditions of approval as approved by the Planning Commission; offer of dedication and improvements are subject to completion of requirements shown on the tentative map; the City Clerk is instructed to file the bonds with the City Treasurer. (Faithful Performance and Labor and Material Bond B-96-013268 and Monument Bond No. B96- 013269; instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until Conditions 3a through 3d have been complied with; and approved and authorized execution of the Subdivision Agreement. (City Council) Sale Of Property - Deferred Compensation Program- Accepted & Ratified (1.11 Acres - Main Street - City Of Hesperia (650.70) 1. Accepted offer to purchase in amount of $93,300 with buyer paying delinquent back taxes in the amount of S6,700; 2. further, accepted buyer's down payment in the amount of S13,300; pay selling commission of 5% and accept all other terms and conditions of offer, and ratified "Lots and Land Sales Contract and Receipt of Deposit" dated March 12, 1996, previously approved by Deputy City Administrator and Deferred Compensation Administrator; 3. authorized the Mayor and City Clerk to sign Ratification of referenced "Lots and Land Sale Contract and Receipt of Deposit;" 4. authorized Robert Franz, Deputy City Administrator and Deferred Compensation Administrator, to sign the Escrow Instructions; 5. authorized Mayor and City Clerk to execute Grant Deed and forward to Escrow; 6. accepted carry back purchase money note and trust deed in the amount of S80,000 at 8.50% interest per annum, all due and payable in 8 years with no prepayment penalty. Monthly payments to be $615.14 including principal and interest. 2�s - 04/15/96.- City Council/Redevelopment Agency Minutes - Page 23 Request For List Of Out Of The City Properties- Owned By The City Of Huntington Beach Councilman Garofalo requested a list of any other properties located out of the city that are owned by the City. (City Council) Resolution No. 96-32 - Street Renaming Request - Clay Avenue To Summit Drive From Goldenwest Street To Seapoint Street - Adjacent To Tentative Tract No. 14700 - Resolution No. 96-32 - Adopted (800.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE CHANGE OF THE STREET NAME OF CLAY AVENUE TO SUMMIT DRIVE." Renaming of Clay Avenue from Goldenwest Street, west to Seapoint Street adjacent to Tentative Tract No. 14700. Requested by PLC; PLC company to pay all associated costs. (City Council) Junior Lifeguard Program Budget Revision -Approved (320.20) Approved an Amendment to the fiscal year 1995-96 Budget to increase Program Number 348, Junior Lifeguard Program, from $183,147 to $250,000 and increase the revenue projection to $250,000. (City Council) Yorktown Avenue Widening Project From Delaware Street To Beach Boulevard - CC-1017 - Acquisition Of Property - 505 Yorktown Avenue -Authorized (650.20) - 1. Authorized the Real Estate Services Director to acquire for the city the property at 505 Yorktown Avenue for an amount not to exceed $75,000, including Relocation Benefits, and an amount not to exceed S15,000 to cover asbestos mitigation and demolition, for a total of $90,000; 2. authorized the opening and closing of escrow in the amount of $66,100 plus costs; and 3. authorized acceptance and recordation of said deed by the City Clerk on behalf of the City at such time said deed is provided and approved by the City Administrator and the City Attorney. (City Council) Settlement Of Claims - Anthony And Langford, Architects For Construction Of Library Children's Wing And Parking Lot - Appropriation Approved (630.40) - Appropriated $25,000 from Library Services Fund unappropriated reserve and make $25,000 check payable to both Anthony and Langford, Architects, and the insurance company. This would settle Anthony and Langford's previously unresolved architectural service claims arising out of the Huntington Beach Library construction and parking lot change orders. (City Council) Financing Unfunded 800 MHz System for Police, Fire, Public Works And Marine Safety Operations And Pier Plaza Project Direction Provided (330.10) - 1. Authorized staff to notify the County-wide Public Financing Authority that the City will not be participating in the Authority's 1996 Revenue Bond financing for the 800 MHz System, and 2. Instructed the City Administrator to request proposals from Financial Advisor firms to assist the City in the planning and issuance of debt in 1997 to finance the City's unfunded costs for the 800 MHz System and the unfunded costs for Pier Plaza Project. CITY OF HUNTINGTON BEACH 17" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Robert Franz, Deputy City Administrator FROM: Connie Brockway, City Clerk SUBJECT: SALE OF CITY PROPERTY IN CITY OF HESPERIA- (DEFERRED COMPENSATION PROGRAM) DATE: April 18, 1996 Attached at the request of Dan Brennan, Real Property Manager, is the original deed and contract relative to the City Council approved Agenda item on April 15, 1996 regarding sale of city property in the City of Hesperia- Ochoa- 1.11 acres Main Street-Hesperia- APN 408-152-01 - San Bernardino County. Please ensure that a copy of the recorded deed is returned to the Huntington Beach City Clerk. 96-003mh Council/Agency Meeting Held: Deferred/Continued to: Ug(Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re Council Meeting Date: April 15, 1996 Department ID Number: AS 96-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION 0 SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL 0 a SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator/Ex e i o G� PREPARED BY: ROBERT FRANZ, Deputy City Administrator SUBJECT: SALE OF PROPERTY - DEFERRED COMPENSATIO PROG w o Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),AnalysisAV Envir nmental Status,Attachment(s) O G� Statement of Issue: The City Deferred Compensation Program acquired the property in question through a bankruptcy/foreclosure on February 2, 1996 due to the death of a Trustor of a 1 st Trust Deed owned by the City. The Trust Deed and Note was acquired in March, 1989 at a discount using City of Huntington Beach Employee Deferred Compensation Plan Funds. A Realtor in Hesperia has brought an offer to purchase the property for an accumulated value of $100,000. ($93,300 offer with buyer paying delinquent taxes of $6,700.) x Fundinci Source: No cost to City. H U) z Recommended Action: H 1.) Accept offer to purchase in amount of $93,300. with Buyer paying delinquent back taxes in the amount of $6,700. Further, accept buyers down payment in the amount of $13,300, pay selling commission of 5% and accept all other terms and conditions of offer. U2.) Ratify "Lots and Land Sales Contract and Receipt of Deposit" dated March 12, 1996, previously approved by Deputy City Administrator and Deferred Compensation Administrator. a 3.) Authorize the Mayor and City Clerk to sign Ratification of referenced "Lots and Land o Sale Contract and Receipt of Deposit." E now 4.) Authorize Robert Franz, Deputy City Administrator and Deferred Compensation Administrator to sign the Escrow instructions. REQUEST FOR c:OU NCI L/REDEVELOPMENT AGENCY ACTION MEETING DATE: April 15, 1996 DEPARTMENT ID NUMBER: AS 96-012 5.) Authorize Mayor and City Clerk to execute Grant Deed and forward to Escrow. 6.) Accept carry back purchase money note and trust deed in the amount of $80,000. @ 8.50% interest per annum, all due and payable in 8 years with no prepayment penalty. Monthly payments to be $615.14, including principal and interest. Alternative Action(s): Do not accept offer to purchase and further, do not accept purchasers proffered $80,000.00 Note and Trust Deed. Retain the ownership and management of this distant property. Analysis: In March of 1989, the City, using Employee Deferred Compensation Funds, purchased a first Trust Deed, at discount, in the amount of $73,500. The Trust Deed balance is approximately $54,500±. Due to the Trustors death, his estate became bankrupt, the City's Trust Deed became delinquent and the property was foreclosed upon. Subsequent to the City becoming owner in this manner, a Realtor has presented an offer for purchase of the property in question. Staff is suggesting the offer be accepted and the City Deferred Compensation Program capitalize on this financially attractive opportunity. Environmental Status: n/a Attachment(s): City Clerk's Page Number _. 1. Copy of Brokers Purchase Contract RCAHESP.DOC -2- 04/03/96 11:52 AM iy.LOTS ANQ �ANDi.PURCHASE;CONTRACT;AND RECEIPT FOR DEPOSIT: T..r ?'I`. T 1S•'I$.MO A EIPFFONrMONEy.'!T'I- --NDED'70 BE'A'LEGALLY BINDING CONTRACT.READ IT CAMFULLY..- CA IFQ�MA ASSOCik A REALTORS.'(CAR.)STANDARD FORM. 1�r t ,; ;� ', �'r5'N:T"1L.- � .:..... . .. .... DATE.. f 6 y � ItECLIVLU TI/Iy}�pp��+1/ -—/ VI, ,�U�rr J��'/70�I �51Gt-(�-l/� G'� HIE sum of( 6 h UL -Q/_n.G+VVVVVV_.....-._.---- - _ _ -- -_--------------. uollars s,OD 0. ...BY F)Cash (.(Call or:s check Personal Ch'o-ck J Or jJ_— PAYABLE TO Su.N_Sxi7e. G/'p r^� TO BE HELD UNCASHE NTI51/,J�/pCC-PT N E of olllle,as�a�Jo�posri/)to�}y�{��ptiod lowyAr�d�thef n 1 j PURCHASE PFlICE OF .r W'_•iw^Y/` ' •/Y Dollars f ��✓�D [ FOR PURCHASE OF PROPERTY S TUATED IN___ �'�/��� COUNTY OF_ California DESCRIBED AS J� oti ASSESSOR'S PARCEL a 1.FINANCING:The obtaining of Buyer's financing Is a contingency of this Agreement. A. DEPOSIT upon acceptance,to be deposited into f 000 B. INCREASED DEPOSIT within calendar days from acceptance to be deposited into f B- C. BALANCE OF DOWN PAYMENT to be deposited into on or before D. BALANCE OF PURCHASE PRICE AS FOLLOWS: ff O /." or moAJ GGG1 d� -4 D u eV �i _�/` /'i9-T/c�/�• �GG_efl2's—rtn� �r {zcx .C)e,e_yi cam. .. t E g0 00 0 E. TOTAL PURCHASE PRICE:....................................................................................................................................................... f 3 30 f F. Buyer agrees to act diligently and In good faith to obtain all applicable financing. G. ADDITIONAL FINANCING TERMS: i r1. . 2.BONDS AND ASSESSMENTS:IF ASSUMED BY BUYER: OF RECORD❑NOT YET A LIEN............................................ 3.ASSUMPTION OR"SUBJECT TO":In the event Buyer assumes or takes title subject to existing loan(s),bond(s)or assessment(s)•Seller shall prov[d Buyer with copies of applicable nobs.Deeds of Trust,and bond schedules.A loan may contain a number of features which affect the loan,such as Intent: rate changes,monthly payment changes,balloon paymont(s).etc.Buyer shall be allowed calendar days alter receipt of such copies to noli Sailor in writing of disapproval.Buyer's approval shall not be unreasonably withheld.Diltorence In existing loan balances shall be adjusted in❑Casl or❑ Paragraph 16 Is Incorporated here[ 4.SUPPLEMENTS:The ATTACHED supplements are Imorporelod heroin: ❑ ❑ ❑ ❑ ❑ ❑ S.ESCROW:Buyer and Seller shall deliver signed Instrucli ns to /.({,�sC./'ow the Escrow Hold.,within calendar da- Ilom acceptance which shall provide for closing within Calendar ys Irgp1;5,plenc strew es ba Id as follows: Buyer and Seiler acknowledge racerpl of copy of this page,which cons' as of J Pages. Buyer's Initials(�)( ) Seller's Initials( ( I B[ Q):ID.ABDIE - B,1(1T31ECrUJFORNUA$SOCUYION D€Rf,/J•ri'OjtS!(O;JL'R:)JN, p L1?NORECRE�ENT/,TIONIS MADE ASTOTHEAPPROV, G E,D.PM DE �uD B NT4��I}B,41yrFQey lie Roq ` VALIDVJOA AQFPOUAG l(�{Y P�pVIS�IF(�f�Ak�BPECffMpTllAfISACTgN.IT 5f10111 I S rj:���t:t•I -J[i,i l �1 �y�'1' T1�F-23;1F)�. :`.{ 1.. 1:. -y1V-I:a.)- 1 .: ',.. .. t E.kUTEB[10KFA IS. DU FJEOTDADVLSEON RFjLL ESTATETRANSAGTIONS.IF.YOU DESIRELEDALORTA%ADVK;E.CONSULT AN APPRpvRUITE vI'tOFESSgw 1M nAmkyA lAxrFMIhe U,iled SlneF IIr U.G.Gx1Al bhldlM vnAlAMired OFFICE USE ONLY .WIVicImMaY bmpTAll[.moaru^rlEx9lacf�IdeacmPlnn•'vedbmrl{. L CmY•9M11. 1!NI!r 1"5,CAI.Irnr1NIA AS[fICIAMN pF IWAI 10VI S• Ravimrsd by B,ekA,r 1#DaSinnee _ !.)5:'+xm,V VA— ,I—A—..,.CWb,xAJWJO -- Ieobv Subject Property Address: ���- .19�>L 6.,TITLE:Title is to be free of liens,encumbrances,easements,r Its,rights and conditions of record or known to Seller,other than the following: (a)current property taxes,(b)covenants,conditions,restrictions,and p. .ity easemems of record,if any,provided the same do not adversely affect the continued use of the Property for the purposes for which it is presently being red,unless reasonably disapproved by Buyer in writing within calendar days from receipt of a current preliminary report furnished at =�/ - l = expense.and(c) Seller shall furnish Buyer at expense a % fir, �/�/ ���" title policy issued by ( /)I ';F/�•=/r I r-�� expert Company, showing title vested in Buyer subject only to the above.If Seller is unwilling or unable to eliminate any title matter disapproved by Buyer as above,Buyer may terminate this Agreement.It Seller fails to deliver title as above,Buyer may terminate this Agreement;in either case,the deposit shall be returned to Buyer.Paragraph 16 is Incorporated herein. - - 7.VESTING:Unless-opgrwise designated in.the escropww instruction;�,.If 130 title shall vest as follows: (The manner of taking title may have significant legal and tax consequences.Therefore,give this matter serious consideration.) 8.PRORATIONS:Property taxes.payments on bonds and assessments assumed by Buyer,interest.rents,association dues.premiums on insurance acceptable to Buyer and shall be paid current and prorated as ofrE�.the day of recordation of the deed: or ❑ Bonds or assessments of record shall be\0 paid current by Seller,payments not yet due to be assumed by Buyer;or "paidln fully Seller,including payments not yet tl�uu or ❑ .County transfer tax shall be paid by -��!�� The /i���/7-/ �I r` transfer tax or transfer fee shall be paid by ! PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP.THIS WILL AFFECT THE TAXES TO BE PAID.A supplemental tax bill will be issued,which shall be paid as follows:(a)for periods after close of escrow,by Buyer(or by final acquiring party if part of an exchange),and(b)for periods prior to close of escrow,by Seller.TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 9.POSSESSION:Possession shall be delivered to Buyer„, on close of escrow,or ❑not later than calendar daysafter close of escrow, or ❑ 10.SECURITY DEPOSITS:Security deposits,it any,to the extent they have not been applied by Seller in accordance with the rental agreement and current law,shall be transferred to Buyer on close of escrow. - 11.TAX WITHHOLDING:(a)Under the Foreign Investment in Real Property Tax Act(FIRPTA),IRC§1445,every Buyer of U.S.real property must,unless an exemption applies,deduct and withhold from Seller's proceeds 10%of the gross sales price.The primary FIRPTA exemptions for non-residential property are:No withholding is required if(i)Seller provides Buyer with an affidavit,under penalty of perjury,that Seller is not a"foreign person;'or(ii)Seller provides Buyer with a"qualifying statement"issued by the Internal Revenue Service.(b)In addition,under California Revenue and Taxation Code§18662.every Buyer must,unless an exemption applies,deduct and withhold from the Seller's proceeds 31/3%of the gross sales price if the Seller has a last known street address outside of California,or it the Seller's proceeds will be paid to a financial intermediary of the Seller.The primary exemptions for non-residentiat property are: No withholding is required it(i)the property is selling for E100,000 or less,or(ii)the Franchise Tax Board issues a cenificale authorizing a lower amount or no withholding,or(iii)the Seller signs an affidavit stating that the Seller is a California resident or a corporation qualified to do business in California. (c)Seller and Buyer agree to execute and deliver as directed any instrument,affidavit,or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 12.MULTIPLE LISTING SERVICE:It Broker is a-participant of an Association/Board multiple listing service("MLS"),the Broker is authorized to report the sale,its price,terms,and financing for the publication,dissemination,information,and use of the authorized Association/Board members,MLS participants and subscribers. 13.FLOOD HAZARD AREA DISCLOSURE:11 the subject Property is situated in a-Special Food Hazard Area'as set forth on a Federal Emergency Management Agency(FEMA)"Flood Insurance Rate Map"(FIRM)or"Flood Hazard Boundary Map"(FHBM)then Seller shall,within calendar days from acceptance, disclose this fact in writing to Buyer.The law provides that as a condition of obtaining financing on most structures located in a-Special Flood Hazard Area,"lenders require flpdd insurance where the property or its attachments are security for a loan. Buyer is allowed 2 calendar days from receipt of the disclosure,to make further inquiries at Buyer's lender,insurance agent,or other appropriate entities.When such inquiries disclose conditions or information unsatisfactory to the Buyer.Buyer shall give written notice of disapproval to Seller within this latter time period.Paragraph 16 Is Incorporated herein. 11,GEOLOGIC HAZARD ZONES:If the subject Property is situated in a Special Studies Zone as designated under§§2621-2625.inclusive,of the California Public Resources Code or in a focally designated geological hazard zone(s)or area(s)where disclosure is required by local ordinance,then Seller shall, within calendar days from acceptance,disclose this fact(s)in writing to Buyer.The construction or development of any structure for human occupancy located within a special studies zone may be subject to the findings of a geologic report prepared by a geologist registered in the State of California, unless such report is waived by the City or County under the terms of that act. - Buyer is allowed 2 calendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies concerning the use of the subject Property under the terms of the Special Studies Zone Act and local building,zoning,fire,health and safety codes.When such inquiries disclose conditions or information unsatisfactory to the Buyer,Buyer shall give.written notice of disapproval to Seller within this latter time period.Paragraph 16 is Incorporated herein. - - - - 15.ADDITIONAL TERMS AND CONDITIONS: ONLY THE FOLLOWING PARAGRAPHS A THROUGH M WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. nwx Wit".lnfnalx - ` i, A.PHYSICAL AND GEOLOGICAL INSPECTION:Buyer shall have the right,at Buyer's expense,to select licensed contractor(s)and/other qualified professional(s).to make"INSPECTIONS"(including tests,surveys,other studies,inspections.and investigations)of the subject Property including but not limited to sewer/septic system,well,soils,percolation,geologic conditions and environmental hazards,such as but not limited Ii to,any past or current generation,storage,release,threatened release,disposal,and presence and location of asbestos,PCB transformers,petroleum products, flammable explosives,underground storage tanks and other hazardous,toxic or contaminated substance or condition,on or about the Property.Buyer shall keep the subject Property free and clear of any liens,indemnity and hold Seller harmless from all liability,claims,demands,damages or costs,and repair i all damages to the Properly arising from the-INSPECTIONS."All claimed defects concerning the condition of the Property that adversely affect the continued use al the Properly or the purposes or which it is press being used(❑or as )shall be in writing,supported by written"reports,it any,and delivered to Seller within z calendar days from acceptance FOR'INSPECTIONS-OTHER THAN GEOLOGICAL,and within �� calendar days for GEOLOGICAL'INSPECTIONS."Buyer shall furnish Seller copies,at no cost,of all reports concerning the Properly obtained by Buyer.Paragraph 16 Is Incorporated herein. Bey1r i Inlnalx enter,Inns i ✓ S B.UTILITIES AND SERVICES:Within calendar days from acceptance,Buyer shall have the right to determine the availability and, Dsta of utilities and services including but not limited to sewerage,sanitation,water,electricity,gas,telephone,cable TV and drainage. When such inquiries disclose conditions or information whichare unsatisfactory to Buyer,Buyer shall give written notice of disapproval to Seller within the time period herein.Paragraph 16 Is Incorporated herein. Buyer and Seller acknowlellge�gceipl of copy of this page.which cgn'_It to Page 2 of J Pages. Buyer's Initials(!1(J 1( 1 Seller's Initials , ( 1 FOFFICE USE ONLY '"dM Brker or Desianea SELLER'S COPY A.NQ6A.NQP4�.SrI�AS€.�IQN FT DLL�APAGE Utlsl_.y-- - - -- ;''•:1� Address�%�% '10 -0 ' Sue a f#rdpeny / N.ARBITRATION OF DISPI my dispute or claim In law or equity between Buyer and Seller arising out of this contract or any resulting transaction which Is not st;ned through mediation shall be decided by neutral,binding arbitration and not by court action,except as provided by California law for judicial review of arbitration proceedings.In addition,if paragraph 15(0)is initialled by Broker(s),Buyer and Seller agree to arbitrate disputes or claims involving an initialling Broker,as defined by that paragraph, consistent with this provision.The election by Broker(s)to initial or not Initial paragraph 15(0)shall not affect the applicability of the arbitration provision between Buyer and Seller,and shall not result in the Broker(s)being deemed parties to the purchase and sale agreement. The arbitration shall be conducted in accordance with the rules of either The American Arbitration Association(AAA)or Judicial Arbitration and Mediation Services,Inc.(JAMS).The selection between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to an arbitration may agree in writing to use different rules and/or arbitrator(s).In all other respects,the arbitration shall be conducted in accordance with Part III,Title 9 of the California Code of Civil Procedure.Judgment upon the award rendered by the arbitrators) may be entered in any court having jurisdiction thereof.The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.The following matters are excluded from arbitration hereunder:(a)a judicial or non-judicial foreclosure or other action or proceeding to enforpe a deed of trust,mortgage,or installment land sale contract as defined in Civil Code§2985,(b)an unlawful detainer action, (c)the filing or enforcement of a mechanic's lien,(d)any matter which is within the jurisdiction of a probate or small claims court,and (a)an action for bodily injury or wrongful death,or for latent or patent defects,to which Code of Civil Procedure§337.1 or§337.15 applies. The filing of a judicial action to enable the recording of a notice of pending action,for order of attachment,receivership,injunction,or other provisional remedies,shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE:BY INITIALLING IN THE SPACEIBELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION-OF.DISPUTES'PROVISION TO NEUTRAL ARBITRATION:' - auy..• lolB,t. •`seuo�imna. - - - i 0.BROKERS:(If Initialled.)Any Broker who initials below agrees to(a)mediate any dispute or claim with Buyer,Seller,or other initialling Broker,arising out of this contract or any resulting transaction,consistent with paragraph 15(M),and (b)arbitrate any dispute or claim with Buyer,Seller,or\other Initialling Broker arising out of this contract or any resulting transaction,consistent with paragraph 15(N).However,if the dispute is solely between the Brokers,It shall Instead be submitted for mediation and arbitration in accordance with the Board/Association of REALTORS9 or MLS rules.If those entities decline to handle the matter,it shall be submitted pursuant to paragraphs 15(M)and 15(N).The Initialling of this paragraph shall not result in any Broker being deemed a party to the purchase and sale agment.As used in this paragraph,"Broker"means a brokerage firm and any licensed persons affiliated with that brokerage firm. a / Ll.11ny Bn,klr BY: \ npnmml pnul•Iq - 16,BUYER DISAPPROVAL:Whenever Buyer gives written notice of disapproval pursuant to paragraph(s)3,6.13,14,15(A),15(B),15(C),15(E).or 15(H).above. Seller shall have - calendar days from receipt of such notice to respond in writing to Buyer's disapproval.If Seller is unwilling or unable to correct the condition(s)disapproved of by Buyer.orif Seller does not respond by the time set forth herein.then Buyer may cancel this Agreement by providing written notice of cancellation to Seller within , calendar days from receipt of Iler's response or from expiration of the time am for Seller's response.BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OR CANCELLANION SHALL CONCLUSIVELY BE DEEMED APPROVAL. 17.OTHER TERMS AND CONDITIONS: Buyer and Seller acknowline sipt of copy of this page,which con'iWts ge 4 of Pages. Buyer's Initials( (^1( - J Seller's Initials - - OFFICE USE ONLY Rmiowad by Broker or D85ignae - _. - .. Dafe arielrninr SELLER'S COPY _—_LOTS AND_LAND PURCHASE CONTRACT(DLL,I4 PAGE 4.OF S3._____ Subj•r'mpfJyAddress:.•//'rl 18.ATTORNEY'S FEES:in any action,proceeding or arbitration arise of this Agreement,the prevailing party shall be entitled to reasonable attorney's rIfees and costs. - - - 19.ENTIRE CONTRACT:Time is of the essence.All prior agreements between the parties are incorporated in this Agreement which constitutes the entire contract.Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.The parties further intend that this Agreement constitutes the complete and exclusive statement of its tat me and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding,if any,involving I this Agreement. - 20.CAPTIONS:The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement. 21.AGENCY CONFIRMATION:The following agency_relationship(s)are hereby confirmed for this transaction: i LISTING AGENT: (Print Firm Name) is the agent of(check one): ' ❑ the Seller exclusively;or ❑both the Buyer and Seller SELLING)4GENT. /�' '1 (if not the same as Listing Agent)is the agent of(check one): r+,I - (PnM Firm NurN) LJ the Buyer exclusively;or ❑the Seller exclusively;or ❑both the Buyer and Seller. 22.AMENDMENTS:This Agreement may not be amended,modified,altered or changed In any respect whatsoever except by a further agreement in writing executed by Buyer and Seller. I 23.OFFER:This constitutes an offer to purchase 4 deacdbed Property.Unless acceptance is signed by Seller and a signed copy delivered in person,by mail,or facsimile,and received by Buyer at the address below,or by who is authorized to receive it.on behalf of Buyer,within calendar days rom the date hereof,this offer shall be deemed revoked and the deposit shall be returned.Buyer has read and acknowledges receipt of a copy of This eir.This Agreement and any supplement,addendum or modification relating hereto,including any photocopy or facsimile thereof;maybe-exeebTed in two or more counterparts,all of which Hall constitute one and the same writing. REAL ESTATE BROKER)/"/7Z 0 AJA/ �' � �� ' BUYER P" / By — - BUYER. Address b Z b �)th'' JO SH Tv (7 Address Telephone(� - "— Fax Telephone - Fax ACCEPTANCE The undersigned Seller accepts and agrees to sell the Property on the above terms and•conditions and agrees to the above confirmation of agency relationships(❑ subject to attached r offer1.// n I - 7 Seller agrees to pay to Broker(s) � iU V N i7,1) Y rj /,� compensation for services as follows:. Payable:(a)on recordation of the deed or other evidence of title,or(h7l If completion of sale is prevented by default of Seller,upon Seller's default, or(e)if completion of sale is prevented by default of Buyer,only if end wheel Seller collects damages from Buyer,by suit or otherwise,and then in an amount not less than one-half of the damages recovered,but not to exceed the above fee,after first deducting title and escrow expenses and the expenses of collection,if any.Seller shall execute and.deliver an escrow instruction irrevocably assigning the compensation for service in an amount equal to the compensation agreed to above.In any action,proceeding,or arbitration between Bmkers)and Seller arising out of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and costs.The undersigned has read and acknowled a sip f.a Hof this Agreement and authorizes Broker(s)to deliver a signed copy to Buyer. Date .Telephone Fax - SELLER v Address SELLER Real Estate Brokera)agrr to the tong.,- - - - I ` ) Broker I'; }l,t;f1J�l l Gli(; /,(tl}.uc ��F r<<(ClfihC % Dme`'i���'l i '• 1�.i r Broker - .. By 1•i . ..Dais Listing Broker Telephone Fax RATIFICATION DATE: eig2l Z 44 199E CITY Or HUNTINGTON BEACH, a municipal cornotation of the State.of California ATTEST, _ �.,l�//7L/�GvG City Clerk C BRACI(G/A% Mayor �VEAPPROVED AS TO.PORM: IN 4 City Attorney >3 Dir for o dm'nistrative ices 10 Deferred Compensation Pla Ad nistrator i RE _��D D APPROV city ministra o TMabent y Ma for ova q Mia rpI aewa q y.TM ux at OFFICE USE ONLY 1-4nta1bm1,su REAMIM. - RE,4TO� _ � - _ Reviewed aY arOkelMOsapnbe I..r.pmr.e what,.n.n,e.m,y m.n,.Ncn m.v e.vv.e mry q rut REli[w ern an mempwa tl rM NxTx1NI,L ASSeCIM OF - Date OeeerlMrl ALIO •.r,e.lb a,mas.baceaaEul,v - - Page Sole Pages. SELOR'S COPY wuvca LOTS.AND,LAND PURCHASE CONTRACT_(DLL_14 PAGE 5 OF J. CITY OF HUNTINGTON 'ACH INTERDEPARTMENTAL COMMUNICA TION TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: MICHAEL T. UBERUAGA, City Administrato SUBJECT: DEFERRED COMPENSATION PROGRAM DATE: April 9, 1996 For many years, the City offered investments in trust deeds as one investment alternative for deferred compensation participants. No new trust deed investments have been made since 1991. A high of $3,301,000 was invested in trust deeds in 1989 to a low of appro)dmately $945,000 today. The amount in trust deeds will diminish to zero in about 5 years as the principal of the remaining notes amortize. The total employee deferred compensation investments were $34,021,803. as of December 31, 1995. In 1992 the City had to change its deferred compensation program since Glendale Federal, our depository for deferred compensation accounts,terminated its program. Employees now have a choice of depositing their funds with either ICMA (International City Management Association) Retirement Corporation, or with PEBSCO (Public Employees Benefit Service Corporation). Each program manages over $2.5 billion of public employee deferred compensation investments nationwide and offer a wide variety of investment choices for employees. Please let me know if there are any questions regarding this program. PLEASE SIC AND- ACKNOWLEDGE THIS INSTRUMENT BEFORE A NOTARY PUBLIC. PLEASE SIGN YOUR NAME EXACTLY AS IT IS TYPEWRITTEN ON THIS DOCUMENT, Commonwealth® E( t THIS FORM FURNISHED BY Land Tale Company •! ;q - + r _;r `-_ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Ovidio A. Ochoa Rosa Ochoa Arnulfo Ochoa 10362 8th Avenue Hesperia; CA 92345 Space Above This Line for Recorder's Use Only A.P.N.: 408-152-01 Order No.: 3603304-92 Escrow No.: 14655-PM GRANT DEED THE UNDERSIGNED GRANTOR(s)DECLARE(s)DOCUMENTARY TRANSFER TAX $102.85 CITY TAX x computed on full value of property conveyed,or computed on full value less value of liens or encumbrances remaining at time of sale, unincorporated area;[ X ] City of Hesperia , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, City of Huntington Beach, A Municipal Corporation hereby GRANT(S) to Ovidio A. Ochoa and Rosa Ochoa, husband and wife and Arnulfo Ochoa, a single man all as joint tenants The following described property in the City of Hesperia, County of San Bernardino State of California: Lot 38, Tract 4725, as per plat recorded in Book 59 of Maps, Pages 72 to 75, inclusive, records of said County. City of Huntington Beach, A Municipal Corporation BY: ""� L-PPROVFD A-S TO FORM: MAJOR J)AVE S 4 LLZV :'-=:IL HUTTOIN, City Attorney BY: ca y Cf E RK xway Document Date: March 19, 1996 STATE OF CALIFORNIA )SS COUNTY OF ) On before me, personally appeared personally known to me(or proved to me on the basis of satis 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 er/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)ac cuted the instrument. WITNESS my hand and official seal. Signature This area for official notarial seal. Mail Tax Statements to: Ovidio A. Ochoa and Rosa Ochoa and Arnulfo Ochoa - 10362 8th Avenue, Hesperia, CA 92345 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of &2Ap _ On aAA,�/,e before me, of od_,6 ..,W A�J� Date Name a d Tdle Otfj (e.g J na�Doe,Notary P personally appeared 4i iel , Name(s)of Signer(s) Ca-rersonally known to me- to be the person whose nameUs Ware subscribed to the within instrument and acknowledged to me that hekehe/they executed the same in hWhe0heir authorized capacity ies ,and that by hisAwl4their signature(s,�on the instrument the persons), or the entity upon behalf of which the persons) acted, executed the instrument. N MAYBRICE L.JOHNSON WITNESS my hand and official seal. COMM. 9918:5 , z e T Notary Public—Colifomla n O2ANGEcouNTY My Comm.Expires MAY 11,1997 ature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 29AiiL Document Date: 42 /2(, Number of Pages: Signer(s) Other Than Named Above: aLaAg _ Capacity(ies) Claimed by Signer(s) Signer's Name: a424A � Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator 5�-6ther: Top of thumb here 9-Other: Top of thumb here Signer Is Representing: Signer Is Representing: :si = O 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827