Loading...
HomeMy WebLinkAbout3800 RIVER AVE FILE 215*NEW FILE* 3800 River Ave File 215 +i o CORRESPONDENCE PERTAINING TO SALE OF LOT Q �gW PpRr O 6' u i cK Cg4Fp FtN�P CITE OF NEWPORT B�ACH oQ� OFFICE OF THE CITY ATTORNEY C P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 November 16, 2000 Marilyn Sauter Mariners Escrow 4 Civic Plaza Suite 100 Newport Beach, CA 92660 RE: ESCROW NO.2-2361-MS Dear Ms. Sauter: As I informed you by telephone on November 14, 2000 the City of Newport Beach has discovered that the legal description of the property intended to be sold to Bruce Simurda and Diana Simurda is incorrect. The result of the incorrect legal description has continued into the title insurance and the escrow documents. Enclosed is the correct legal description of the property to be sold. I will be providing you an amendment to the vacant land purchase contract dated October 11, 2000 to reflect the correction of the legal description of the property. Could you please provide the City with a revised Grant Deed with the corrected address I will proceed to have the Grant Deed signed and returned to you to be held until closing of escrow. I also intend to provide a new Grant of Easement to be signed by the Buyers and notarized after the date of the Grant Deed with instructions for recording the Grant of Easement after the recordation of the Grant Deed. If you have any questions please do not hesitate to contact me. Very rs, ROBI CLAUSON Assistant City Attorney RLC:mI c: Dave Kiff, Deputy City Manager f:\users\cat\shared\maryMetter\robin\2000Msescrow22351 ms.doc 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 18, 2000 TO: FROM: SUBJECT: TENANTS: EFFECTIVE: The last billing Thank you, Shirley Oborny CITY OF NEWPORT BEACH u October 18, 2000 Ms. Beulah Doyle and Ms. Beverly Borchers P.O. Box 876 Three Rivers, CA 93271 RE: Termination of Lease Agreement for Lot at 38th and Lake Street Dear Ms. Doyle and Ms. Borchers: Please be advised that the City of Newport Beach is in the process of selling the above -mentioned lot which we lease to you for parking purposes. As per our lease agreement (Section 6), the City is required to give you "30 days' prior written notice." This letter shall serve as that notice. The 30-day period will commence on November 1, 2000, and terminate on December 1, 2000. If you have any questions please call Shirley Oborny at 644-3002. We have appreciated working with you these past years. Sincerely, DAVID A. KIFF Deputy City Manager City Hall 9 3300 Newport Boulevard • Newport Beach, California 92663-3884 CITY OF NEWPORT BEACH u �G! FORN% October 18, 2000 Ms. Beulah Doyle and Ms. Beverly Borchers P.O. Box 876 Three Rivers, CA 93271 RE: Termination of Lease Agreement for Lot at 381" and Lake Street Dear Ms. Doyle and Ms. Borchers: Please be advised that the City of Newport Beach is in the process of selling the above -mentioned lot which we lease to you for parking purposes. As per our lease agreement (Section 6), the City is required to give you "30 days' prior written notice." This letter shall serve as that notice. The 30-day period will commence on November 1, 2000, and terminate on December 1, 2000. If you have any questions please call Shirley Oborny at 644-3002. We have appreciated working with you these past years. Sincerely, DAVID A. KIFF Deputy City Manager City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884 CITY OF NEWPORT BEACH October 18, 2000 Ms. Beulah Doyle and Ms. Beverly Borchers P.O. Box 876 Three Rivers, CA 93271 01 RE: Termination of Lease Agreement for Lot at 38th and Lake Street Dear Ms. Doyle and Ms. Borchers: Please be advised that the City of Newport Beach is in the process of selling the above -mentioned lot which we lease to you for parking purposes. As per our lease agreement (Section 6), the City is required to give you '"30 days' prior written notice." This letter shall serve as that notice. The 30=day period will commence on November 1, 2000, and terminate on December 1, 2000. If you have any questions please call Shirley Oborny at 644-3002. We have appreciated working with you these past years. Sincerely, DAVID A. KIFF Deputy City Manager City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884 N APR-05-00 08:35 AM d WRIGHT PUBLISHING • 1714979-0998 • P.01 Bruce & Diana Simurda 3711-1/2 Lake Ave. • Newport Beach. CA 92663 (949) 548.6250 (home) a (714) 979.2560, x-108 (office) 1 April 5, 2000 s f,►o �1 �iC. 4- �1 Marion Brockman City of Newport Beach Marlon, The e-mail from Dave Of I mentioned yesterday is to follow. 1 realize that it has been nearly two year since this was all started, but I'm sure that Dave must remember the offer, as it is what I am basing our entire remodeling project upon. We are on a tight budget (unlike others in or area), and it was the offer of a reduced price for the lot at 38th/Lake that made us decide to remodel our home so extensively. I would appreciate hearing from you as soon as you find out anything In regards to the price of the lot, as I'm now getting a little worried' Thank You, i' Bruce M. 51murda ILI APR-05-2000 09:59 96% P.01 APR-05-00 08:35 AM WRIGHT PUBLISHING ............................. -- ------------------------ PRODIGY(k) Services Messages 10/04 ET 8.04 PM ------------------------------------------ ---0------------- > When the Council approved my "i"e properties" item in late August, > they directed us to follow Council Member Thomson's suggestions > regarding a City -owned vacant parcel at 38th and Lake. > In short, the "deal" was to sell the parcel to the neighboring > property owner, Bruce Simurda (979-2560 x108) at a somewhat reduced > price as long as he agrees to submit plans for a reconstruction of his > home. It's kind of convoluted, but the thinking was that we can't do > much with .the parcel and that Bruce could use it to make his home > better. Given that he wants to make improvements to his home at 3711 > Lake, we decided to tie the two thoughts together. > Bruce is a nice guy who owns the publishing company that puts out Hot > Rod and VW magazines. He called me earlier this week and I left a > message with him telling him that I'd talk to you about a follow-up > with you or one of your planners. > Is this OK if I cleverly get out of the process and let you and your > staff take it from here? Feel free to rope me back in of iecessary -- > esp on the issue of the sale price. I have to go back to :ouncil for ► an OK once the terms of sale for that property are tentatively agreed • to anyway. Final note -- Don Webb had an early memo in the property File that suggested that the City "swap" a few square feet of our )arcel for a few square feet of Bruce's property in order to make the :ransition off Newport Island a bit smoother. Bruce has agreed to :hat action, too, Thanksl 1 T14979e-998 • P.02 96% P.02 H" -" —b0 08:3S AM WRIGHT PUBLISHING 17149793999 rrun ICMrLC, rAIII: • ,.Have 'nim call Genio Garcia •�0-3200 and set up an appointment. If he wants to cross the property line he'll need a lot line adjustment, and she'll also be able to go over his plans to see if he needs any other approvals. > ---------- > From: Kiff, Dave > Sent: Thursday, October 01, 1998 9:05 AM > To: Temple, Patty > Cc: Wood, Sharon; Webb, Don > Subject: 38th and Lake > Patty -- P.0—e APR-05-2000 10:00 961/ P.03 Orange Coast Association of REARS, INC. 401 N. Newport Blvd. 'Newport Beach, CA 92663 Sold Mr, ROBERT BROCKMAN To: BROCKMAN INVESTMENT CO P.O. BOX 2355 NEWPORT BEACH, CA 92659 • Invoice. 2'0751 No. INVOICE. Ship Mr. ROBERT BROCKMAN. TO: ' . BROCKMAN, INVESTMENT CO P.O. BOX 2355 NEWPORT BEACH; CA 92659 Account No. Purchase Order No. Order Date Order'Number Terms Invoice Date Order Type 11,016 03/3V2000 22238 , Check 03/31/2000 ' city Qty Back- • Item Code Unit Price Extended Ordered Shipped Ordered Description • Price 1 1 F-VLD14S• 3.00 3:00• VLD-14 SINGLE • Line Item Total Freight, 9 He Reatockingl Cancellation Fee . Tax Subtotal:. Amount'Received Amount, Due, 3.00 0.23 3.23 3.23 0.00 ALL SALES ARE FINAL!!!!! CITY OF NEWPORT BEACH August 25,1999 Mr. Trent B. Smith 3714 Park Lane Newport Beach, California 92663 Dear Mr. Smith: Thank you for your letter of August 11,1999 relating to the City's property at the corner of 38th and Lake. I have conferred with the City Council's ad hoc subcommittee on real estate issues (Mayor pro Tern Tom Thomson and Council Members Debay and Ridgeway) regarding your interest in purchasing the property. They have concurred with my recommendation not to sell this parcel at this time. I will keep your letter and address on file should circumstances warrant a change in this course of action. Please contact me at 949/644-3002 with any questions about this information. Sincerely, David A. Kiff Assistant to the City Manager cc: Homer Bludau, City Manager Mayor pro Tern Tom Thomson Council Members Jan Debay and Tod Ridgeway City Hall • 3300 Newport Boulevard 9 Post Office Box 1768 • Newport Beach, California 92659-1768 Bruce & Diana Simurda 3711-1/2 lake Ave. • Newport Beach, CA 92663 (949) 548-6250 (home) • (714) 979-2560 X-108 (office) May 19, 1998 Dave Kiff Assistant to the City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Ref: 38th & Lake Triangle Purchase Dear Dave, After talking to several independent appraisers regarding the City -owned vacant parcel on the corner of 38th Street and Lake Avenue, it has become apparent that this is an extremely difficult, and expensive, piece of property to appraise. Due to the small size and limited utility of this parcel (unbuildable as is; per City code), there are simply no similar style "Comps" to determine price. As they put it, the only real value is to an adjacent landowner, which would be myself. In order to try and avoid a drawn -out and very costly appraisal, I would like to submit an offer to the city on the 38th and Lake Triangle parcel, based between the value of my adjoining property (land only), and the current income value of the parcel. As per the Orange County Tax Collectors appraisal when purchased in 1994, the value of my adjoining 3,000 square foot parcel was $262,200, or $87.00 per square foot. As per City Council item No. 10, dated 10/25/93 (see attachment), the value of the 780 square foot Triangle parcel, using the income approach at a 7% rate of return, would be $34,300, or $44.00 per square foot. Since the 38th and Lake Triangle parcel neither qualifies as a buildable lot, or as a residential rental parking lot (again per City codes), I would like to offer the City of Newport Beach a price of $55.00 per square foot for this parcel. This offer includes. the exchange of 44 square feet of my current property for 44 square feet 1 Bruce & Diana Simurda 3711-1/2 lake Ave. • Newport Beach, CA 92663 (949) 548-6250 (home) • (714) 979-2560 X-108 (office) of the City's parcel, for an easement to widen the sidewalk and preserve the sight distances at the intersection, as per the Public Works Department recommendation (see attachment). The total usable amount of land being transferred will be 780 square feet, minus the 44 square feet which I will grant to the city, for a net purchase of 736 square feet, at the price of $40,480.00 I do hope that this offer is looked upon favorably. Besides wanting to expand my own dwelling, the current parking lot usage of the parcel is an eyesore for all who live in this neighborhood. I have spent considerable time repairing my own building since it was purchased in 1994, but paint and plants will only go so far when you live next door to a unkept parking lot. Thank you very much for your consideration! Sincerely, Bruce M. Simurda 2 LAxE st O �9 • M.I�PCGCS XkZVG4E RIAVO K W - SI CITY OF NEWPORT :p P,4,eA,' 38T'~ Z7RjFWT PM-*k DRAWN -t' C. DATE APM MD cirr OWAZO oaaoE, 7-)- AT 38 u''ST. � LAKE ,4YE. PUKJC WOR1q "ECTM RE. ND. DRAWING NO.,P/K/ • •- CITY COUNCIL AGENDA ITEM NO. io CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER OCTOBER 25, 1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: 38TH AND LAKE TRIANGLE ACTION: If desired, terminate existing lease and authorize Mayor and City Clerk to execute the sale of this property for the price of $50,000 reserving however an easement for sidewalk and landscaping purposes. BACKGROUND: This parcel is left over from a lot purchased to ease access onto Newport Island. It is currently leased to a nearby property owner for parking on a month -to -month basis at a rate of $200 per month. The adjacent property is in escrow, and the buyer wishes to purchase the City -owned triangle, combine the parcels and build a residential structure. If this property is sold, the Public Works Department recommends retaining an easement to widen the sidewalk and preserve sight distances at -the intersection. Also, a similar easement is required over the corner of the adjacent property. This easement is depicted on the attachment. The prospective buyer has agreed to the retention and granting of these easements. The Public Works Department would draw up the easement for recording. DISCUSSION: The sales price was negotiated based primarily on the limited utility of this parcel. At the current 7% rate of return, the $2400 per year is worth $34,300. The usable amount of land transferred to the buyer is 780 square feet minus the 44 square feet which he will grant to the City for a net of 736 square feet. The adjacent full sized, buildable lot sold for $100 per square foot and this sale would be $68 per square foot which is reasonable considering its limited use. RECOMMENDATION: Direct the City Manager to terminate the existing lease on the subject property and authorize the Mayor and City Clerk to execute the documents necessary to transfer this property at a price of $50,9tP I KJD:mb Kenneth J. mlino Attachment UV APPROVED BY CH Y COUNCIL DATE lD-Z.S-y3 ORANGE COUNTY SUITE 255 3 CIVIC PLAZA NEWPORT BEACH. CALIFORNIA 92660 AREA CODE 714 TELEPHONE 644.4040 FULLER & ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS RICHARD A. FULLER.- MAI Mr. Kenneth J. Delino Deputy City Manager City of Newport Beach 3300 Newport Blvd P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Delino: TELECOPIER (714) 644 065 January 9, 1991 Re: Market Avenue Newport SAN DIEGO COUNTY SUITE B 5122 AVENIDA ENCINAS CARLSBAD. CALIFORNIA 92008 AREA CODE 619 TELEPHONE 43470SO Data Study 3709 Lake Beach, California Based upon your request, I am submitting this proposal for the preparation of a market data study of vacant sites, to be utilized in comparison to the above -referenced site. The purpose of this assignment is to prepare this market data study as of current date. The market data study will be submitted in summary form and will include a market data map. The fee for this assignment will be $1,250. Meetings, conferences and changes as required by the client. will be billed at an hourly rate of $200/hour for Mr. Fuller and $100/hour for senior associates. This fee will include two copies of the market data study. This proposal assumes that written authorization to proceed will be received by January 16, 1991. ►M Mr. Delino January 9, 1991 Page 2 If these terms are acceptable, you may authorize me to proceed by returning the signed copy of this proposal. I look forward to being of service to you and The City of Newport Beach on this assignment. les ctfully submitted, Richard . F r, RAF:blb 90-P APPROVED: Da+a-: Responsible Party -- FULLER & ASSOCIATES CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER NOVEMBER 289 1990 TO: DON WEBB, CITY ENGINEER FROM: DEPUTY CITY MANAGER SUBJECT: . CITY PROPERTY, 38TH & LAKE The City Council indicated they prefer improving 38th Street as you suggested, acquiring the corner of the adjacent lot for sight distance, selling any remaining land to the adjacent owner, and paying for the improvements with the net proceeds from the land sale or exchange. If you will generate the necessary drawings and the estimated costs for the improvements to 38th Street, I will have the property appraised and will contact the adjacent owner. Also, please advise if an easement or fee simple purchase of the adjacent corner is required. Kenneth J. ino KJD:mb CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 27, 1990 TO: DEPUTY CITY MANAGER FROM. City Manager SUBJECT: SALE OF CITY OWNED PROPERTY LAKE AVENUE & 38th The City Council on November 26th authorized the sale of the City property at 38th and Lake. The Council agreed that the Public Works Department request for additional land be honored and that the City acquire 144 sq.ft. from the adjoining lot. This leaves a net available area for building of 507 sq.ft. It would be my suggestion that you make contact with the neighbors who are seeking the lot and if the concept is agreeable to the potential purchaser have the two net parcels appraised. The City could than take a document to the Council authorizing the transaction. This concept is in accordance with your memo dated November 13, 1990 on this subject. If it appears that the adjacent property owner is agreeable, the current leasee should be notified of the City's intent to terminate his lease. As a suggestion, it may be that the appraisal could be paid by both the City and the purchaser of the City's property on the same ratio that 144 sq.ft. relates to the City's 651 sq.ft. If you have any questions, please contact me. Attached is all of the material that I have kept on this subject matter. ROBERTL. WYNN RLW:kf _"A, • ^� 1 l a� CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER NOVEMBER 139 1990 TO: MAYOR AND CITY COUNCIL STUDY SESSION ITEM NO, S.0- FROM: DEPUTY CITY MANAGER SUBJECT: SALE OF CITY PROPERTY - R It 38th AND LAKE The Council considered this item at the Study Session of October 8, 1990 (see attached recycled staff report) and requested additional information regarding any deed restrictions on the property and an estimate of its value. An examination of the Grant Deed indicates the City acquired the property free and clear with no covenants or restrictions. The value of the property is estimated .at $75 per square foot based on information contained in the appraisal of the nearby City property known as 4210 River Avenue. This is an estimate by staff and a full appraisal would be required before the City could complete any sale. The land area available for sale needs to be determined. , The attached staff report indicates a lot size of approximately 1200 sq. ft. At $75 per sq. ft. this would yield $90,000. However, the Public Works Department requests that additional land be reserved on the parcel for the eventual widening of 38th Street from its current 32' right-of-way to a 40' right-of-way. Additionally, the Public Works Department would like to preserve a line of sight from the alley on 38th Street to Lake Avenue. (See attached drawing.) This would necessitate not only reserving additional land on the subject parcel but also acquiring another triangular parcel from the adjoining lot. The reservations requested by the Public Works Department Page 2 • would reduce the total available area on the subject parcel to 651 sq. ft. The additional parcel requested from the adjoining lot amounts to approximately 144 sq. ft. which when subtracted from the 651 sq. ft. leaves a net available area for sale of [507 sg. ft. At $75 per sq. ft. this would yield $38,025. Lease revenue from the parcel is now $720 per year which has not changed since 1973. An increase in the rent consistent with an increase in the Consumer Price Index would yield $2280. An annual rent of $2400 per year can reasonably be expected. This would be a 6.3% annual return on the $38,025. Considering the requirements of the Public Works Department it appears that the better financial alternative is to retain ownership of the property and raise the lease payments to market value. 11 KJD:mb Attachments • Kenneth J. elino . 1 • .No � 4�4 • ' //i/n' LAKE Sfi. r 0k • • • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER OCTOBER 8, 1990 TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: SALE OF CITY PROPERTY STUDY SESSION ITEM NO b The triangular parcel of land depicted on the attached map was originally acquired by the City in 1959 as part of a larger parcel required to improve 38th Street to make an easier transition onto Lake Avenue. The triangular parcel remaining is the residual parcel left over after the 38th Street improvements were constructed. In April 1964 the City of Newport Beach entered into a lease with Mr. V. E. Schauppner to lease the property as a private parking lot with no structures or improvements other than landscaping to be erected on the property. In 1973, the property was re -leased to Rolland A. and Thelma L. Prehn who are now deceased, and the lease has been taken over by • their daughter, Beverly Borchers. The rent is $60 per month on a month -to -month basis and the property is used for parking by the residents of a duplex located at 3800 River Avenue which is directly across 38th Street from the parcel. Recently the Mayor received a letter from Dionne Davis who is the trustee of the property immediately adjacent to the triangular residual parcel. Ms. Davis inquired about buying the property from the City to combine the parcels and create a larger building site. The Mayor asked that the concept of selling the property be placed on the Study Session Agenda. The residual triangular parcel has not been precisely surveyed nor parceled. From aerial photos the parcel appears to be approximately 1200 square feet which would be a building site and which would allow a single dwelling unit of 1350 square feet including two parking spaces. If the triangle were added to the adjoining R-2 lot, no more than two units could be built but the two units could have an additional 1536 square feet. The City does not have an appraisal of the lot and therefore has no value for the 1200 square foot parcel. I have obtained an opinion from the City Attorney that the property does not front • upon a waterway and is not 'subject to the provisions of Section 1602 of the Charter. In other words, the City Council can make the decision to sell the subject property without placing the matter on a ballot for a vote. R awyr%A, RLW:mb Robert L. Wynn r CJ • MARCU S A/iENUE M R/v0 OWNERS OF THIS LOT NOW LEASE THE PARCEL RNMeR C AffNUE' AL TO LANE A`MW �✓ K iOWNERS OF THIS LOT INTERESTED IN BUYING PARCEL ffoe, tI �) I --- O,a,PN LANE 3 8 r"' STREET AMOAC BL!✓D. to n BEACH C/TY OWNED PROPE,PTY AT 3e re r If LAKE AYE. DRAWN a C• DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. ACCCRCl!A� fO PfAXM1A� �-kiS ; S lot &voo Y iE q 6';ld"`t y �o►2 Ia,B$ ' elwe[kn (iv lu4inl Iwoe4(,Kiml 'T � ire to 46 cuo i to i Y I ho MORE 'i'W) '0 WERE nbj ,A 10-fl U �J;+S C`ou 1� loe bU" If � dot JF Q 5 ()Nif& coufd i�o r hmE a4dfl / ior, � Or/ /6 � �.o _ 37,7/ / )A `� T,4« STUDY SESSION Item No. 6 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER September 24, 1990 Po + MAI � TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT. SALE OF CITY PROPERTY • On April 16, 1964 the City of Newport Beach (lessor) entered into a lease with Mr. V.E. Schauppner (lessee) to lease a triangular shaped parcel on the corner of Lake Avenue and 38th Street. Attached you will find an assessor's map depicting the parcel and a second map showing the dimensions of the parcel to be 37' x 60' x 70'. The lease provisions stipulated that the lot would be used as a private parking lot with no structures or improvements other than landscaping to be erected on the property. The lease amount was $60/month. The lease provides for a month -to -month tenancy with either party having the right to terminate with thirty days notice. The City originally acquired the entire parcel for street improvements to permit 38th Street to have an easier transition onto Lake Avenue. The triangular parcel remaining is the residential • parcel left over after the 38th Street improvements were constructed. -2- • The lessee owns Parcel 2 of Block 137 shown on the attached assessor's map, and has expressed a desire to purchase said parcel. The purpose for this memo is to determine if the City should sell- the subject parcel to the current lessee. The current lessee has contacted Mayor Plummer and has inquired about the sale, and she in turn has requested that I place this on a Study Session. The City does not have an appraisal of the lot and, therefore, has no value for the 1170 sq.ft. parcel. I have obtained an opinion from the City Attorney that the property does not front upon a waterway and is not subject to the provisions of Section 1602 of the Charter. In other words, the City Council can make the decision to sell the subject property without placing the matter on a ballot for a vote. ROBERTL. WYM RLW:kf Attachments 11 POOR QUALITY ORIGINAL (,S) 1 tH WATEMAY 7W AW am DIRMNIM 38th SIREEr 1 1 1 s or 07 It - -BLK_ W W AL " • 9, _ �' i^ 1 1 � 3 •. �t ( J(D �' '• ",'vs:;i`•'o V:^•:' :y§4_!�; •".• 'ei `''-.a"S.<�`. �.�,w`r'�'-i . >i;• ' � � •Y^: IAT//bYC lAOIL >..ri:s.:.siS�i,.2}-1� �,;.. �•4, _K tit%: 37 ' x LAKE i.:•1•i...'ts O ��Y _p a d 0 364 r��ti. . O •_ ems'.- j' •��h; II ��F ,•t 5 • ti �+/� ��1n • - .-_ -`"jai...-.. - - �.'y r-�•- -.,.:_ �.�. .: :='.:-, " � �-, ' , .; - -i-;r.-=,r..;'-BOULEVARDS; E:4LBU4�� '_�•;•e` :?k=fix•=;'•u•:.`:;i.Jy"`-t `-� �!S_�.:. _ .. . -. :.J }S 32.33 M. /L 4-AY NOTE -ASSESSOR'S BLOCK i e-Z, MARCH AaA'W4 -• LAKE TRACT RI MR SECTION. M. s-25 _' :•: PARCEL NUMBERS `'•' °i;.: :. .'",<' BOOK423PAGI _' PARCEL. MAP ,.`� : `, , , P. AR/ y3 - . •"' `_--='-•f�:::.: - - SHOWN M CIRCLES O c•: _ _COUNLX.OF AN :. t: ':.- -. c4''t.:••.P.a`�;.bue:... 5:: _•t _,: •_ - f'))`�.-• :•.eWO.-C Y.d/yam t7H. • STUDY SESSION ITEM NO. 10 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER NOVEMBER 13, 1990 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: SALE OF CITY PROPERTY - 38th AND LAKE The Council considered this item at the Study Session of October 8, • 1990 (see attached recycled staff report) and requested additional information regarding any deed restrictions on the property and an estimate of its value. An examination of the Grant Deed indicates the City acquired the property free and clear with no covenants or restrictions. The value of the property is estimated at $75 per square foot based on information contained in the appraisal of the nearby City property known as 4210 River Avenue. This is an estimate by staff and a full appraisal would be required before the City could complete any sale. The land area available for sale needs to be determined. The attached staff report indicates a lot size of approximately 1200 sq. ft. At $75 per sq. ft. this would yield $90,000. However, the Public Works Department requests that additional land be reserved on the parcel for the eventual widening of 38th Street from its current 32' isDepartment to a 40' right-of-way. Additionally, the Public Works Department would like to preserve a line of sight from the alley on 38th Street to Lake Avenue. (See attached drawing.) This would necessitate not only reserving additional land on the subject parcel but also acquiring another triangular parcel from the adjoining lot. The reservations requested by the Public Works Department .0 �Q Q. • �� QWy LaKE 5fi. r �I CI • • • Page 2 would reduce the total available area on the subject parcel to 651 sq. ft. The additional parcel requested from the adjoining lot amounts to approximately 144 sq. ft. which when subtracted from the 651 sq. ft. leaves a net available area for sale of 507 sq. ft. At $75 per sq. ft. this would yield $38,025. Lease revenue from the parcel is noN changed since 1973. An increase increase in the Consumer Price Index rent of $2400 per year can reasonably 6.3% annual return on the $38,025. 1 $720 per year which has not n the rent consistent with an would yield $2280. An annual be expected. This would be a Considering the requirements of the Public Works Department it appears that the better financial alternative is to retain ownership of the property and raise the lease payments to market value. Kenneth J. elino KJD:mb Attachments STUDY SESSION/ ITEM NO O CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER OCTOBER 8, 1990 TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: SALE OF CITY PROPERTY The triangular parcel of land depicted on the attached map was originally acquired by the City in 1959 as part of a larger parcel required to improve 38th Street to make an easier transition onto Lake Avenue. The triangular parcel remaining is the residual parcel left over after the 38th Street improvements were constructed. In April 1964 the City of Newport Beach entered into a lease with Mr. V. E. Schauppner to lease the property as a private parking lot with no structures or improvements other than landscaping to be erected on the property. In 1973, the property was re -leased . to Rolland A. and Thelma L. Prehn who are now deceased, and the. lease has been taken over by their daughter, Beverly Borchers. The rent is $60 per month on a month -to -month basis and the property is used for parking by the residents of a duplex located at 3800 River Avenue which is directly across 38th Street from the parcel. Recently the Mayor received a letter from Dionne Davis who is the trustee of the property immediately adjacent to the triangular residual parcel. Ms. Davis inquired about buying the property from the City to combine the parcels and create a larger building site. The Mayor asked that the concept of selling the property be placed on the Study Session Agenda. The residual triangular parcel has not been precisely surveyed nor parceled. From aerial photos the parcel appears to be approximately 1200 square feet which would be a building site and which would allow a single dwelling unit of 1350 square feet including two parking spaces. If the triangle were added to the adjoining R-2 lot, no more than two units could be built but the two units could have an additional 1536 square feet. The City does not have an appraisal of the lot and therefore has no value for the 1200 square foot parcel. I have obtained an opinion from the City Attorney that the property does not front • upon a waterway and is not subject to the provisions of Section 1602 of the Charter. In other words, the City Council can make the decision to sell the subject property without placing the matter on a ballot for a vote. f-<-,�, ea any RLW:mb Robert L. Wynn • • E MA�PC�' �JfiENUE RIYO OWNERS OF THIS LOT NOW LEASE THE PARCEL R/MeR W Ll C ,4MVl/E W �I AL TO /V OWNERS OF TRIS LOT 87 INTERESTED IN BUYING PARCEL 1� PA�Pk LANE 3 8 !:,v 47 ?EET oPMRK BLloO. til ti� to n c/TY OWNED RRORIE.PTY AT 38 �"ST. €LAKE ,4YE. DRAWN C- DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. - DRAWINO 0 0 October 15, 1990 TO: KEN DELANO FROM: Public Works Department SUBJECT: CITY PROPERTY AT 38TH AND LAKE If the City elects to sell the property at 38th and Lake Avenue the following should be considered: 1. 38th Street should have a minimum 40' right-of-way. 40' is the Lake Street right-of-way. 2. A right-of-way exchange should be made to guarantee that adequate vehicular sight distance is maintained when the property is redeveloped. 3. The new nth Street right-of-way line and 4' setback should be limited to fence height of 31. using this as a guideline, attached is a drawing that shows our recommendation for the right-of-way exchange and sale. We should ask for approximately 144 sq. ft. of their property in exchange for 651 sq. ft. of City property. Of this they should be charged for 507 sq. ft. of property. Gwa Don Webb City Engineer DW:so CITY OF NEWPORT BEACH MEMORANDUM: FrOM DEPUTY CITY MANAGER TO ..... ..... CI...TY ... MANAGER OCTOBE.. 11 �18 90 .................................................... RE: 38TH STREET RESIDUAL PARCEL You asked me to appraise this lot and put a report on the Study Session. Public Works has informed me they need to have more land dedicated for future traffic improvements. The item should be ready for the November 12th Study Session. Reply wanted ❑ Reply not necessary ❑ N6•P4 &y.........Y..................... ...•!�- KENNETH J. ELINO CITY OF NEWPORT BEACH MEMORANDUM: From DEPOTY CITY MANAGER CITY ENGINEER, DON AEBB Tp..... ............................................................ RE: CITY PROPERTY AT 38th 5 LAKE OCTOBER 9 19-2!L I have been asked to appraise the value of this residual triangular parcel. You indicated that additional right-of-way may need to be reserved. Please provide a map indicating your recommendations. Thanks. Reply wanted 0 Reply not necessary ❑ NS.a} By............................................................ KENNETH J. DELINO CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 9, 1990 TO: KEN DELINO FROM: City Manager SUBJECT: SALE OF CITY PROPERTY The City Council on October 8th considered the sale of the triangular residual parcel at Lake Avenue and 38th Street. They requested the following information at the time that this item is recirculated: 1. Is there a deed restriction on the residual parcel forbidding sale or development? 2. An estimate of the value of the triangular parcel performed in-house. Since you are the resident real estate appraiser in the City, please examine your crystal ball and prepare an estimate range of value for the triangle. When you have this information, I will recycle the memo and the map for further consideration at a Study Session. Please let me know if you can have this information available for the Study Session of October 22nd or November 13th. R2 -wL�' ROBERTL. WYNN RLW:kf STUDY SESSION ITEM NO CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER OCTOBER 8, 1990 TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: SALE OF CITY PROPERTY The triangular parcel of land depicted on the attached map was originally acquired by the City in 1959 as part of a larger parcel required to improve 38th Street to make an easier transition onto Lake Avenue. The triangular parcel remaining is the residual parcel left over after the 38th Street improvements were constructed. In April 1964 the City of Newport Beach entered into a lease with Mr. V. E. Schauppner to lease the property as a private parking lot with no structures or improvements other than landscaping to be erected on the property. In 1973, the property was re -leased to Rolland A. and Thelma L. Prehn who are now deceased, and the lease has been taken over by their daughter, Beverly Borchers. The rent is $60 per month on a month -to -month basis and the property is used for parking by the residents of a duplex located at 3800 River Avenue which is directly across 38th Street from the parcel. Recently the Mayor received a letter from Dionne Davis who is the trustee of the property immediately adjacent to the triangular residual parcel. Ms. Davis inquired about buying the property from the City to combine the parcels and create a larger building site. The Mayor asked that the concept of selling the property be placed on the Study Session Agenda. The residual triangular parcel has not been precisely surveyed nor ,parceled. From aerial photos the parcel appears to be approximately 1200 square feet which would be a building site and which would allow a single dwelling unit of 1350 square feet including two parking spaces. If the triangle were added to the adjoining R-2 lot, no more than two units could be built but the two units could have an additional 1536 square feet. The City does not have an appraisal of the lot and therefore has no value for the 1200 square foot parcel. I have obtained an opinion from the City Attorney that the property does not front upon a waterway and is not subject to the provisions of Section 1602 of the Charter. In other words, the City Council can make the decision to sell the subject property without placing the matter on a ballot for a vote. RLW:mb Robert L. Wynn Mq�pCGCS AliENUE ,?/!i0 OWNERS OF THIS LOT I NOW -LEASE THE PARCEL W CITY o4f lll/E PORT :p W! N dC.1cE: AL TO L.4AT .4mewa" OWNERS OF THIS LOT INTERESTED IN BUYING PARCEL' P,gpc� LANE 3 8' A' STREET 00"R.4C . BLl00. hl ti� n C/TY 0lfYNEO p,Q0RlFRTY AT 38 W.ST. € L.4kE APPROVED DATE PUBLIC WORKS DIRECTOR R.E. NO. - DRAWING NO. STUDY SESSION Item No. 6 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER September 24, 1990 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: SALE OF CITY PROPERTY •On April 16, 1964 the City of Newport Beach (lessor) entered into a lease with Mr. V.E. Schauppner (lessee) to lease a triangular shaped parcel on the corner of Lake Avenue and 38th Street. Attached you will find an assessor's map depicting the parcel and a second map showing the dimensions of the parcel to be 37' x 60' x 70'. The lease provisions stipulated that the lot would be used as a private parking lot with no structures or improvements other than landscaping to be erected on the property. The lease amount was $60/month. The lease provides for a month -to -month tenancy with either party having the right to terminate with thirty days notice. The City originally acquired the entire parcel for street improvements to permit 38th Street to have an easier transition onto Lake Avenue. The triangular parcel remaining is the residential • parcel left over after the 38th Street improvements were constructed. 0 • • CJ -2- The lessee owns Parcel 2 of Block 137 shown on the attached assessor's map, and has expressed a desire to purchase said parcel. The purpose for this memo is to determine if the City should sell the subject parcel to the current lessee. The current lessee has contacted Mayor Plummer and has inquired about the sale, and she in turn has requested that I place this on a Study Session. The City does not have an appraisal of the lot and, therefore, has no value for the 1170 sq.ft. parcel. I have obtained an opinion from the City Attorney that the property does not front upon a waterway and is not subject to the provisions of Section 1602 of the Charter. In other words, the City Council can make the decision to sell the subject property without placing the matter on a ballot for a vote. ROBERTL. WYNN Y RLW:kf Attachments I kv WATERWfAY MEAW .am 1 1 1 1 >r' 07 'Isr::'•' :.r.ul: sr� VERB9i- --BLK. /37 j W L / li � rr Ixy.r ner is• »' p y sJr "cer- za as :1 11 I I' Ib 3 8 O7 •aE O .'s O bvCl a s er -• - PART - - -utrc .. .i.. r • •;�r ai 0363 •. ' ;r .. :... yam,�{{, :iawl"-:ate::+:$:r,. • ^ : t-^'••_• s . " _•_t: ✓Lint�.,"��'. ' .- ate" �'i�j[�ryyyi�, �'a _'4D'w"aFu '.�!-i:�u`•`-�' . R' ,�,- `7k5�••s. .v n,:)�i:: Nnr ., t_ y >:.'`': ,'v y � h`J fir+.. O t•%a�.S {t'�%i 1 3.IZ r = 5-.:.�':, '. ,-.i:'=. ;�4ti Fv }:�'�'..:'-! �` �i �yl�iCJ'/�,y�,`- - `'4'•.?-�i-:�'6ti ,.' b h - .` tit.. � 4,a,..+":';; a:t•^`5t•=` r°�`„i -.'�M• ""`a' i -; A m YF JAJ)A41G /OaY a'f`,'z...r�µy#• .:'ir n,, •Y- 37 LAKEO"' A?I �Lif?� M O ,.tea p 4 bs,c_ 6 i 2 AVEME :.i ' ' BOULEVARD 8ALBQ4• - • : y_'�` �,�- +. . Iii "`a::�^ : M`,'`�z,: +''_:..`.: •,3.N�t`: � }3 -33 32 LAKE TRACT M.AE 4-/3 n r NOfE-ASSESSOR'S'BLOCK i _.-',�� .. - ;'�,x�..ASSESSOR'S 1 RIVER SECTKW. _ A( At 4-25 - ..: PARCEL NUMBERSSOOK423►A - 'PARCEL lMAP{ P. M. 3/;3 SHOWN IN CIRCLES:"`:?". A::G C�fAJiX.OF - CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM January 10, 1990 TO: Robert L. Wynn, City Manager FROM: Robert H. Burnham SUBJ: City -Owned Property at the Corner of Lake Avenue and 38th Street You have asked if City -owned property at the corner of 38th Street and Lake should be considered "waterfront" for purposes of §1602 of the Charter. In my opinion, the parcel is not "waterfront property" and may be sold without voter approval. However, my opinion is not based upon binding legal precedent and may not be consistent with sound policy. The term "waterfront" as defined in Webster's Third New International Dictionary as "land, land with buildings, or a section of a town fronting or abutting on a body of water." The definition of "fronting" is not particularly helpful, but the term "abut" means to "touch at one end" or "border on." The property in question abuts on a public street which is thirty feet removed from the bulkhead. The term "waterfront" has been defined to exclude the harbor bayward at the bulkhead (City of Long Beach v. Lizenbv (1917) 175 Cal. 575). Lizenbv suggests that the term waterfront applies to property from which piers or wharves can be constructed. The term waterfront is similar to "littoral" or the shoreline. A person who owns property abutting navigable waters has the "littoral right" to construct piers and wharves. The owner of the property in question does not have the right to construct any pier pursuant to current City ordinances and policies. In summary, I believe the property is not "waterfront" because it does not touch on the bulkhead and the owner has no right to construct a pier/wharf. My opinion is limited to the specific facts - a full width City -maintained public street. Many parcels in the Lower Bay do not directly abut the water, but are separated by City sidewalks or a City -owned bulkhead. In these cases, the property owner boundary or the the construction and slips. Isle bulkhe RHB:jg - a - either owns the underlying fee to the tidelands strip of City -fee property was intended to permit of a bulkhead to facilitate construction of piers PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: January 3, 1991 TO: Ken Delino, Deputy City Manager FROM: William R. Laycock, Current Planning Manager SUBJECT: Parcel Located at 38th Street and Lake Avenue The existing parcel located at 3709 Lake Avenue is in the R-2 District, and has an area of 3,000 square feet. The Municipal Code permits a maximum of two dwelling units to be constructed on lots in the R-2 District with at least 2,000 square feet of land area. The total gross floor area, including garages, shall not exceed two times the buildable area of the site. Therefore, the existing lot may contain up to 4,368 square feet of gross floor area, when excluding the 3 foot front yard setback (designated on Districting Map No. 3), the required 4 foot side yard setbacks, and the required 5 foot rear yard setback adjacent to a 10 foot wide alley. The Municipal Code requires 1.5 parking spaces for each dwelling unit, or 3 parking spaces for a duplex. However, the Coastal Commission requires 2 parking spaces for each dwelling unit, or 4 parking spaces for a duplex. The proposed parcel (including the City -owned triangular parcel at the comer of 38th Street and Lake Avenue, and the deletion of a triangular portion of the property located at 3709 Lake Avenue for sight distance purposes) has an area of approximately 3,506 sq.ft. Only two dwelling units could be constructed on the enlarged parcel. The total gross floor area, including garages, cannot exceed 5,182± square feet of floor area, when excluding the same front, side and rear yard setback requirements as the existing lot discussed above. The required number of parking spaces on the proposed parcel would also be consistent with the parking standard for the existing lot. Please contact me if you desire additional information. WRL:11 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DECEMBER 26, 1990 TO: BILL LAYCOCK, PLANNING FROM: DEPUTY CITY MANAGER SUBJECT: PARCEL AT 38th AND LAKE A City owned triangular parcel at the corner of 38th Street and Lake Avenue has been the subject of recent City Council action. A proposal to sell the parcel to the adjacent property owner was modified at the request of the Public Works Department to reserve a portion of the parcel for street improvements and, further to acquire a corner of the adjacent parcel to improve the line of sight between traffic on both streets. This arrangement would reconfigure the existing parcel (outlined in yellow on the attached map) into a proposed ,parcel (outlined in red on the attached map). In order to properly evaluate this transaction, the entitlements granted by existing zoning ordinances will need to be determined for both parcels. Please provide in memo form the number of units, the square footage, the number of parking spaces and the applicable setbacks for development on both the existing parcel and the proposed parcel. . Please contact me if you have KJD:mb cc: Attachment i CITY OF NEWPORT BEACH OFFICE OF THE MAYOR Mayor July 12, 1990 Ruthelyn Plummer Mayor Pro Tem Phil Sansone Council Members John C. Cox, Jr. Evelyn R. Hart Ms. Dionne Davis Donald A. Strauss 676 Mystic View Clarence J. Turner Laguna Beach, CA 92651 Jean H. Watt Dear Ms. Davis: I have received your letter and offer to purchase the City of Newport Beach's property adjacent to the Leone Sumner Trust property. Before pursuing any sale of the City's property, I would like to discuss your plans for future improvements. Please give me a call (714)644-3004, or if you are in Newport Beach, come to my office in City Hall. I look forward to working with you. Kidest regardsLJ4VVY� RUIIiELIT PL Mayor RP:cd City Hall • 3300 Newport Boulevard • P.O. Box 1768 0 Newport Beach, California 92658-8915 r June 20, 1990 Mayor Ruthelyn Plummer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Plummer: As one of the trustees for my mother's property located at 3711 Lake Ave., Newport Beach, I am writing to you to inquire into the possibility of purchasing the city owned property adjacant to 3711 Lake Ave. Robert Wynn suggested I contact you as the Council Member representing the district where the property is located. The property is currently zoned R-2, is triangular in shape, and is bounded by 38th Street, Lake Avenue, an alley, and the property located at 3711 Lake Ave. It has an approximate area of 1170 sq. ft. In the notes for a City Manager's Meeting on April 9, 1973, the parcel was discussed as follows: Sale or Lease of Parcel: If the City Council determines that the property has no present or future potential public use, it should be returned to private ownership. Since the parcel by itself is too small to constitute a legal building site under present law, it is assumed that only the adjacant property owner can justify offering fair market value for the property. The property should be offered for sale subject to a condition that no structures can be erected unless the land is consolidated with the adjacant R-2 lot. I wish to submit an offer of $50,000 to purchase the above named property for the Leone Sumner Trust.I look forward to hearing from you in the near future. Thank.you very much for your consideration of this matter. ,Sf/incerely,,J /"-Ki Dionne Davis 2AayN�.ap 1] I'll, 0 January 19, 1990 Mrs. Dionne Davis 676 Mystic View Laguna Beach, CA 92651 Dear Mrs. Davis: CITY OF NEWPORT BEACH (714) 644-3000 Thank you for your letter of January 18th concerning the possibility of acquiring the property adjacent to 3311 Lake Avenue. The property is currently zoned R-2 and could accommodate a structure of 1288 sq.ft. including two parking spaces as required by the City's zoning code. If it is combined with the adjoining property, an additional 1581 sq.ft. could be constructed. It is triangular in shape and bounded by 38th Street, Lake Avenue and an alley. It has an approximate area of 1170 sq.ft. If you are interested in acquiring the property, you should give the City a pro al for its acquisition. The property is located in Councilmatic DistricLpand I think it would be appropriate for you to contact Mayor Ruthelyn Plummer who is the Council Member representing this district. Thank you. Since ely, ROBERTL. WYNN City Manager cc: Mayor Plummer V City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92658-8915 Yew January 18, 1990 Mr. Robert Wynn City Manager, Newport Beach 3300 Newport Blvd. Newport Beach, CA 9258-8915 Dear Mr. Wynn, JAN 1 91990► City Manager City of tic: porl Beach I am writing on behalf of the Leone Sumner Trust, which owns the property located at 3711 Lake Ave., Newport Beach. The property adjacant to 3711 Lake Ave. is a small parcel owned by the City.of Newport Beach. I would like to know of the possibility of aquiring the property for future improvement of the property at 3711 Lake Ave. Thank you very much for your consideration of this matter. Very truly yours, Dionne Davis Trustee The Leone Sumner Trust CITY OF NEWPORT BEACH q (714) 644-3000 cgCl Fp 0.0.�`P January 19, 1990 Mrs. Dionne Davis 676 Mystic View Laguna Beach, CA 92651 Dear Mrs. Davis: Thank you for your letter of January 18th concerning the possibility of acquiring the property adjacent to 3311 Lake Avenue. The property is currently zoned R-2 and could accommodate a structure of 1288 sq.ft. including two parking spaces as required by the City's zoning code. If it is combined with the adjoining property, an additional 1581 sq.ft. could be constructed. It is triangular in shape and bounded by 38th Street, Lake Avenue and an alley. It has an approximate area of 1170 sq.ft. If you are interested in acquiring the property, you should give the City a pro al for its acquisition. The property is located in Councilmatic District l and I think it would be appropriate for you to contact Mayor Ruthelyn Plummer who is the Council Member representing this district. Thank you. Since ely, ROBERTL. WYNN City Manager cc: Mayor Plummer .N cn y J Pam.• Lsn� City Hall 0 3300 Newport Boulevard • P.O. Box 1768 0 Newport Beach, California 92658-8915 r U January 18, 1990 Mr. Robert Wynn City Manager, Newport Beach 3300 Newport Blvd. Newport Beach, CA 9258-8915 Dear Mr. Wynn, E11�1a, �'�fY ED P JAN 1 91990#- City Manager City at Navport Beach I am writing on behalf of the Leone Sumner Trust, which owns the property located at 3711 Lake Ave., Newport Beach. The property adjacant to 3711 Lake Ave. is a small parcel owned by the City of Newport Beach. I would like to know of the possibility of aquiring the property for future improvement of the property at 3711 Lake Ave. Thank you very much for your consideration of this matter. Very truly yours, Dionne Davis Trustee The Leone Sumner Trust Referred to: lip SERVICE REQUEST From: Date: Time: Type of Request: [] Water [f Street ❑ Sewer ❑ Alley [] Drainage ❑ Harbor Q' Traffic [] Street Light Other C 'TP, Request Involves: Contractor name [] City Forces name ❑ Other name Person making request: Name I ti )(=FFffA1IZ Address Phone Method of Request: Phone [] Letter ❑ In Person ❑ Memorandum ❑ Nature of Request: ro 'f- 38 S �rCH Ylvw d+ L)e,41LA(--$ 10 3 �✓ �te eo �� t`vt le)-f— 7LJ-- v1� ute 2 is -f Cegw ❑ Photo v F I ems Gs i LU JLL I (gc� Required Action Taken: %.t e, t L-U be, CcAtf 0 o ✓` (signed) Send white copy to Administrative Assistant - Public Works. Send yellow and pink copies to person or department "Referred to". After "Action Taken",return pink copy to Administrative Assistant - Public Works. SERVICE REQUEST Referred to: ,VF r j D5�r� From: �� i-� Date: 4/11 /56) Time: Type of Request: Request Involves: n Water ❑ Street ❑ Traffic Contractor name ❑ -Sewer ❑ ' Alley ❑ Street Light ;❑ City Forces ❑ Drainage ❑ Harbor Other C?J9XIO. _ name ❑Y Other name Person making request: Name P 0-,,:> J r=FFEl I5-S Address Phone Method of Request: Phone [] Letter ❑ In Person ❑ Memorandum Nature of Request: io t, j S 5tn*, yiow¢ece '�/1 VIA 38 Od I U r A v f V1 LZtvt (� C�C�� rl1�S r✓ic _ _, �� u2a:�VI IF Ttte. C! C 1 V MCaM ey'S C,z SE —Yr; 2 tt 'Z ( _S Photo Required , eMs is af 0 to JLi l f989. Action Taken: t 't, r o o4 of r Jro (signed) Send white copy to Administrative Assistant - Public Works. Send yellow and pink copies to person or department "Referred to". After "Action Taken",return pink copy to Administrative Assistant - Public Works. 4srI L is April 11, 1989 THE LEONE SUMNER TRUST TRUSTEES DORIS MARIE JEFFRIES BARBARA DIONNE DAVIS 858 West 18th Street Costa Mesa, CA 92627 (714) 642-1136 Robert L. Wynn City Manager City of Newport Beach 3300 W. Newport Blvd. Newport Beach, CA 92663 Dear Mr.Wynn: RECEIVED � APR181989'' City 67anager City of Newpod Beach Enclosed please find a letter dated 2/27/64, received by my mother, E.Leone Sumner, from the City of Newport Beach, offering to sell her the triangular parcel adjacent to her property at 3711 Lake Avenue. The letter spells out that by re -subdivision into two parcels it would be possible to in- crease the number of residences on the combined properties to three units. Another letter outlined a way it would be possible to have four units (2 duplexes). On May 6,1964, mother responded with a cash offer of $2,000. On May 21, 1964, she wrote again, as she had received no response. I accompanied mother to City,Hall several times trying to get answers as to why she was getting no response and what the City planned on doing with the property. It was not until August 19,1964 that mother received a letter from Mr Coop stating the City had agreed to lease the property to Vern Schauppner for $12.56 per month. There was no explanation for having ignored her offer to buy, her letter of inquiry or her phone calls and personal visits to City Hail. At first we were going to pursue the issue as we felt the City had not dealt fairly in not responding and ignoring requests for a response. Mother was not in good health at that time and we had no immediate plans for using the property, so in spite of the fact that we felt the issue had not been treated in a fair and equitable manner, we decided to go along with the City's plan to lease the parcel as a parking lot. Page one of three pages. Mother has asked me to work as her agent in doing a feasibility study regarding the availability of the parcel for sale; what can be done with the property under current zoning and planning laws; can the combined properties be resubdivided as suggested in Mr. Coop's letter of 2/27/64? We would like to know the current purchase price and what the current planning department requirements are regarding what square footage*of land is required for what square footage of building, set -backs, etc. Also, is there a recent survey of the parcel? Various documents in mother's records show the area of the triangle to range between 1170 sq ft to 1219 sq ft. We need to know the legal description and correct square footage thereof,as well as how much of the property would actually be usable in conjunction with the property already owned by the Trust. In other words, would it be cost/effective to purchase said parcel? In the notes for a City Manager's Meeting April 9, 1973, the parcel was discussed as follows: Sale or Lease of Parcel. If the City Council determines that the property has no present or future potential public use, it should be returned to private ownership. Since the parcel by itself is too small to constitute a legal building site under present law, it is assumed that only the adjacent property owner can justify offering fair market value for the property. The property should be offered for sale subject to a condition that no structures can be erected unless the land is consolidated with the adjacent "R-2" lot. The present use as a parking lot has caused severe damage to the Sumner Trust's fence. As a matter of fact, I am presently in the process of finding out if the City or the Lessee is responsible for the Liability Insurance to cover necessary repairs to our fence. The blacktop is in need of repair, weeds are growing through the cracks, litter abounds and it has become a very popular "stopping place" for people out walking their dogs. No one is taking responsibility for the upkeep of the lot. The few cars it keeps off the street does not seem a significant tradeoff for the eyesore that has been created. Page two of three pages I just now spoke to Don Webb, in Public Works, who told me the lease on the lot is in the names of Thelma and Rolland Prehn, both of whom have been deceased for several years. He could find no record of their having held liability insurance, which I had understood was a requirement of the lease. I will further address that issue in a forthcoming letter as we are most interested in getting our fence repaired. Please provide me with the requested information regarding the purchase price of the property, the legal description and square footage, as well as the planning department's rules and regulations. I look forward to hearing from you at your earliest convenience. Thank you for your prompt attention to this matter. Truly yo s` Doris M. Jef2e cc: Dionne Davis Enclosures: Coop letter 2/27/64 Two Sumner letters 5/6/64 & 5/21/64 City Manager Report 4/9/73 Page three of three pages n r 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 9, 1973 TO: MAYOR AND CITY COUNCIL FROM: City Manager STUDY SESSION ITEM NO. 8 COUNCIL AGENDA ITEM NO. G-7 SUBJECT: CITY -OWNED REAL PROPERTY ON 38TH STREET BETWEEN RIVER AND LAKE AVENUES RECOMMENDATION: If desired, instruct the City Manager and the City Attorney to prepare specifications to either: 1. Offer the property for sale to the highest responsible bidder, or; 2. Lease the property for limited use to the highest responsible bidder. DISCUSSION: The subject parcel (please see attached exhibit) was acquired March 5, 1959, and contains approximately 1170 square feet. It is triangular in shape and was residual from the acquisition of property for the access road to the Newport Island Bridge. It was leased on October 10, 1964, for ten years to Mr. & Mrs. Vernon E. Schauppner of 3714 Park Lane (Lots 7 and 8) as a private off-street parking lot for $12.50 per month. The lessees were not permitted to construct any improvements on the property except paving and landscaping. Maintenance was a lessee responsibility. Mr. & Mrs. Schauppner have now sold their Park Lane property to Mr. H. Burdell Mathis. The lease with the Schauppners provided as follows at Section 10: "Nonassi nabil'it . Lessee shall not assign this lease or any interest therein without the prior written approval of lessor. Should lessee sell and convey said Lots 7 and 8 this lease shall t ereu on terminate unless lessor consents to the assignment of the lease to the successor of lessee . . . . Such consent shall lie entirely within the discretion of lessor." (Emphasis supplied) Public Interest in the Parcel. Although two small public beach areas adjacent to the entrance to Newport Island are nearby, there does not appear to be any I Page - 2 - prospective public use for this parcel due to its limits and irregular size and lack of adjacency to other publicly owned lands. The Parks, Beaches and Recreation Director believes that the City would incur an unjustified maintenance obligation if the parcel was converted to a land- scaped public area. Sale or Lease of Parcel. If the City Council determines that the property a\ as no present or future potential public use, it should be returned to private ownership. Since the parcel by itself is too small to constitute a legal building site under present law, it is assumed that only the adjacent property owner can justify offering fair market value for the property. The property should be offered for sale subject to a condition that no structures can be erected unless the land is consolidated with the adjacent "R-2" lot. If the City Council believes that the property may have some future public use, it could be leased. Mr. Mathis has requested to lease the parcel (please see attached letter). If it should be leased, the following specifications are recommended: 1. Lease term to be five years subject to termination by the City or lessee without cause upon 30 days written notice; 2. No structures or improvements other than landscaping to be erected on the property; 3. Care and maintenance to be the responsibility of lessee; 4. Minimum monthly rental of $45.00. CONCLUSION: The subject parcel appears to be of questionable value to retain in public ownership. It should, therefore, be sold or leased to provide at least some more realistic income return to the City. UOROL. WYNN RLW:PFB:cs Attachments MARCAS CITY 40E NME ST.?EET .3CA4&: / 00 /ODD .4IKEN!/E BL!/O. to �n C/TY d jWAGW OQQ*QE.PTY AT 38 wi r � LAKE ,4YE. MAIIC WORNG DMEC"R R.E. 00. DRAWING NO. 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall February 27, 1964 3300 W. Newport Blvd. Area Code 714 673-2110 Mrs. Edith L. Sumner 3711 Lake Newport Beach, California Dear Mrs. Sumner: You will recall our discussion concerning the small lot which the City owns and which is adjacent to your property. I indicated to you that the City desired to either dispose of the lot or lease it and you expressed some interest. Our Planning Department has reviewed the matter with ref- erence to application to your other two lots. It appears that if you were to acquire the triangular piece now owned by the City, it would be possible for you to resubdivide into two parcels. Parcel designated as "A" on the attached sketch would be large enough for you to legally put two units on it and the parcel marked "B" would permit one unit, so that by acquir- ing the City -owned lot you could increase the present number of units by one. I would think that the City could sell the property to you for somewhere around $2,500.00. The property has approxi- mately 1,219 square feet. It is definitely not a building site as it stands by itself. As I mentioned to you, the owner of the new home across the alley has expressed an interest in leasing the property for private parking and, of course, this opportunity is open to you as well. If you do not wish to*consider purchasing the property we will negotiate with Mr. Schauppner, the owner of the new home across the alley. Could I hear from you at your convenience as to whether or not you have any interest in the acquisition or lease of this property. Cordially, ABERT COOP 1/m City Manager 0 3711 Lake Avenue Newport Beach, California May 6, 1964 Mr. Robert Coop, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Mr. Coop: This is to notify you of my desire and intent to purchase from the City of Newport Beach the tri- angular parcel of land at 38th Street and Lake Avenue, directly adjoining my property at 3711 Lake Avenue, being portions of Lots 9 and 10 of Block 137, River Section, City of Newport Beach, County of Orange, State of California. I hereby offer the am of $2,000.00 for the above - described parcel of land. Your consideration in this matter is appreciated. Very truly yours, (Edith Leone Sumner) I C 3711 Lake Avenue Newport Beach, California May 21, 1964 Mr. Robert Coop, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Mr. Coop: To date I have received no reply from the City of Newport Beach concerning my notice of intent and offer, dated May 6, 1964, to purchase property at 38th Street and Lake Avenue immediately adjacent to my property at 3711 Lake Avenue, Newport Beach. I feel that this parcel logically belongs with my ,property rather than with other property not directly adjoining, and also that my purchase of said parcel would provide future protection of my investment in my presently -owned property. Also, it would appear to be to the advantage of the City and/or County from the standpoint of a probable future higher tax revenue by sale of the property to me, since I understand that the triangular parcel could be resubdivided with a portion of my present property and later improved with at least a single dwelling unit. Since I am prepared to go ahead with the purchase, I am en- closing a copy of the offer, and would appreciate your advising me as to its acceptance and what action is necessary on my part to proceed in the matter. Thank you for your attention in regard to this transaction. Very truly yours, (Edith Leone Sumner) o HE LEONE SUMNER TRUS TRUSTEES DORIS MARIE JEFFRIES BARBARA DIONNE DAVIS 858 West 18th Street Costa Mesa, CA 92627 (714) 642-1136 Mr. Robert L. W City Manager City of Newport 3300 W. Newport Newport Beach, I am a Trustee for The Leone Sumner property located at 3711 Lake Avenue triangular property next door on the and 38th Street. The City parcel has parking lot since 1964. As a result damaged many times over the years. RED WED ` APP,1 81989r,' Oily htaneger City of t7on rit Beach Trust which owns the The City owns the corner of Lake Ave. been leased out as our fence has been In 1984, a family friend replaced all of the posts and re- set them in concrete. He also replaced all of the boards that had been damaged by cars in the parking lot. He painted the fence and put several concrete barriers on the parking lot, hoping to prevent further damage to the fence. Unfortunately, the concrete barriers have disappeared and the fence is again in a severe state of disrepair as the result of numerous encounters with cars. I am seeking information as to whom to direct a claim damages. Does the City or the Lessee carry liability insurance on that parcel. As I mentioned in my letter regarding purchasing the Thelma and Rolland Prehn, the lessees of record,have ceased since 1983 and 1985, respectively. Their daughter, Beverly Borchers, stays at the River Avenue home sometimes. The phone number there is (714) 650-0820.I have another (714) number which may be here home in San Dimas: 593-6624. police. The person was a tenant in a nearby apartment whom she recognized, but has moved away since the incident occurred and before Beverly told me about having seen the accident. Since the City is the legal owner of the property, I feel it is the City's responsibility to provide The Leone Sumner Trust with the necessary information to file an insurance claim for damages to our fence. Thai Tru: Dor: a 0 EMAILS PERTAINING TO SALE OF LOT • From: Oborny, Shirley Sent: Tuesday, January 16, 2001 11:46 AM To: Carney, Seanne Subject: RE: 38th & Lake That would be better - we'll include a little happy cover letter -----Original Message ----- From: Carney, Seanne Sent: Tuesday, January 16, 2001 11:38 AM To: Oborny, Shirley Subject: RE: 38Lh & Lake S-DI [Vq iMe iK =(. slim I Wi14 Thanks Seanne... It will reference their account number only. The system does not allow comments. I will be happy to give the check to you to mail if there is some sort of paperwork or explanation that you would like to include. -----Original Message ----- From: Oborny, Shirley Sent: Tuesday, January 16, 2001 1134 AM To: Carney, Seanne Subject: RE: 38th & Lake Oh good - thanks so much. Do you automatically put a memo on the check so they'll know what it's for? -----Original Message ----- From: Carney, Seanne Sent: Tuesday, January 16, 2001 11:31 AM To: Oborny, Shirley Subject: RE: 38th & Lake Yes I have. I process refunds every Thursday. I received your e-mail last Friday so I will process the paperwork this Thursday and the check will be mailed 1 week after. -----Original Message ----- From: Oborny, Shirley Sent: Tuesday, January 16, 2001 11:30 AM To: Carney, Seanne Subject: FW: 38th & Lake Seanne, have you had a chance to read the below email I sent? -----Original Message ----- From: Oborny, Shirley Sent: Friday, January 12, 2001 10:39 AM To: Carney, Seanne Subject: 38th & Lake Seanne, we recently sold this lot. The tenants who parked on it were the Doyle & Borchers. Their last day to park there was Nov. 30th. IT 1 I didn't realize that their lease ran from the 15th to the 15th. When they paid their last bill of $200, it covered them through Dec. 15th. We owe them $100. 1 want to see if your records show we refunded it or not. The tenant was instructed to send me a letter requesting a refund but I've never received it... Shirley Oborny 644-3002 2 Oborny, Shirley From: Kiff, Dave Sent: Thursday, January 11, 2001 12:05 PM To: Oborny, Shirley Subject: RE: Beula Borchers - 38th & Lake Use this e-mail as authorization from me to send her the refund. ----Original Message ----- From: Oborny, Shirley Sent: Thursday, January 11, 2001 12:01 PM To: Kiff, Dave Subject: Beula Borchers - 38th & Lake She came in a couple months ago asking Revenue to give her a refund of $100 because she had paid the entire $200 for a full month, during the time we gave her a vacating notice. Robin happened to be here and had me tell her to send me a letter explaining the above. I did and I got the feeling from her that it was too much of a hassle (she said she doesn't write letters and I could tell that she was annoyed). I never received a letter from her either. If Revenue did not send a refund (I doubt they received a letter), is there a way we can get her paid without a letter? She hasn't called to complain but I kept a post -it to remind me to follow up. Shirley Oborny 644-3002 1 Oborny, Shirley From: Kiff, Dave Sent: Tuesday, January 09, 2001 8:39 PM To: Oborny, Shirley Subject: FW: Asphalt FYI. Celebration pending. -----Original message ----- From: Kiff, Dave Sent: Tuesday, January 09, 2001 8:38 PM To: 'bsimurdaomail.hotvws.com' Subject: RE: Asphalt Bruce -- Asphalt should be removed Friday, with pothole punches on Wed. Guy doing it is Tommy Anderson (City's General Services Dept) -- nice guy, does good work. He may be doing a bit of filling to make sure that we don't create a trip -and -fall hazard there by the sidewalk. Let him know if you DON'T want the filling to occur. Dave -----Original Message ----- From: Bruce Simurda[mailto:bsimurda@mail.hotvws.com] Sent: Friday, January 05, 2001 10:36 AM To: Kiff, Dave Subject: Re: Asphalt Dave, Thanks a lot for the FYI. I guess I'll now have to get busy with the remodeling! Actually, the "easy" part is over!!! One last thing, do you remember who I should contact regarding the lot -line adjustment? Was it Marina? Thanks again for everything. Bruce ---------- Original Message ---------------------------------- From: "Kiff, Dave" <DKiffWcity.newport-beach.ca.us> Date: Thu, 4 Jan 2001 19:04:31 -0800 Bruce -- just an FYI here -- Leon Hart from the City's General Services Department (asphalt removers & more) will be at the Triangle tomorrow (Fri) Q 8;45 a.m. to get a guesstimate on how & when we can rip that out. No need to be there unless you really want to be. Dave 1 0 Oborny, Shirley From: Kiif, Dave Sent: Thursday, January 04, 2001 7:05 PM To: 'bsimurda@mail.hotvws.com' Cc: Oborny, Shirley Subject: Asphalt Bruce --just an FYI here -- Leon Hart from the City's General Services Department (asphalt removers & more) will be at the Triangle tomorrow (Fri) @ 8;45 a.m. to get a guesstimate on how & when we can rip that out. No need to be there unless you really want to be. Dave 0 Oborny, Shirley From: Sent: To: Subject: Hi Shirley, Coulter, Susan Wednesday, January 03, 2001 9:37 AM Oborny, Shirley Calc of Prnnorhi Thanks for the paperwork on Murphy in GIS know so they Thanks again) Have a nice c Susan iIr Oborny, Shirley From: Lacey, Mary Sent: Tuesday, January 02, 2001 3:47 PM To: Oborny, Shirley Subject: RE: 38th & Lake - SOLDIII Shirley - Give a copy of the agreement to the parties listed in your seconded paragraph. They will have to put it in their department files as a flag for the property that the lot line adjustment needs to take place. If they have questions then can talk with Robin, Dave or Paul Medina as they would be able to explain the situation much better than I would be able to. Mary :-) -----Original Message ----- From: Oborny, Shirley Sent: Tuesday, January 02, 2001 3:43 PM To: Clauson, Robin Cc: Locey, Mary Subject: 38th & Lake - SOLD!H Hi Robin, we finally closed Escrow... I had asked you which departments needed to co know th t we sold this lot - You said t give a copy of the grant deed to the Clerks',, Pub[ i orks, Paul M ina and Fin ice, which I will do. AD `� Then you said I need to tell Patty Te ple, Don - ebb, and Jay EWettar about the lot - line adjustment, so they wouldn't be confused. What exactly am I telling them? Jcakl�'+�"' ! i ► e�� Pa [000 Shirley Oborny E �aW � �! 1w11�i� 1of Ifs 644-3002 5 I . WC - d✓�� p MA01t, - �IY Go .ee''''NI�rc 1 0 Oborny, Shirley From: Oborny, Shirley Sent: Tuesday, January 02, 2001 8:52 AM To: 'bsimurda@mail.hotvws.com' Cc: Kiff, Dave Subject: RE: 38 & Lake Triangle purchase Congratulationsl I'll try to get some info. today about the asphalt, now that more staff is back from vacation. _-Original Message ---- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.com] Sent: Tuesday, January 02, 2001 8:24 AM To: Oborny, Shirley Subject: RE: 38 & Lake Triangle purchase Shirley, Hope your holidays were great! II According to escrow, we closed last week, and we now own the 38th and Lake triangle ..... thanks you very much for all your help! And tell Dave Kiff thanks too, I know it was a lot of work for both of you. I would appreciate it if you could let me know ahead of time when the asphalt is going to be removed, I'd like to be there. Thanks again! Bruce Simurda ---------- Original Message ----------------------------- From: "Oborny, Shirley" <soborny@city.newport-beach.ca.us> Date: Wed, 27 Dec 2000 15:40:35 -0800 Hi Bruce. Unfortunately, because of the holidays, we are somewhat short-staffed. I'll be contacting the appropriate staff to get an estimate of when this can be done and IT let you know as soon as I know anything. Thanks. ---Original Message ----- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.com] Sent: Friday, December 22, 2000 4:07 PM To: Shirley Subject: 38 & Lake Triangle purchase Shirley, It looks like we will be able to close escrow on the property next week. Is there any chance that the City will remove the asphalt before that time? It would be very beneficial to us, not having to worry about that part of it. Thank you, and have a great Christmasl Bruce Simurd 0 Oborny, Shirley From: Oborny, Shirley Sent: Wednesday, December 27, 2000 3:48 PM To: Webb, Don Subject: Asphalt Removal for 3700 Lake Hi Don, as part of the deal to sale this lot, we agreed to remove the asphalt. Escrow will probably close next week. Who do I need to talk to in order to find out when the City can do this? 1 Oborny, Shirley From: Oborny, Shirley Sent: Wednesday, December 27, 2000 3:41 PM To: 'bsimurda@mail.hotvws.com' Subject: RE: 38 & Lake Triangle purchase Hi Bruce. Unfortunately, because of the holidays, we are somewhat short-staffed. I'll be contacting the appropriate staff to get an estimate of when this can be done and I'll let you know as soon as I know anything. Thanks. -----original message ----- From: Bruce Simurda[mailto:bsimurdaMmail.hotvws.comj Sent: Friday, December 22, 2000 4:07 PM To: Shirley Subject: 38 & Lake Triangle purchase Shirley, It looks like we will be able to close escrow on the property next week. Is there any chance that the City will remove the asphalt before that time? It would be very beneficial to us, not having to worry about that part of it. Thank you, and have a great Christmas! Bruce Simurd 1 0 Oborny, Shirley From: Kiff, Dave Sent: Thursday, December 14, 2000 6:23 PM To: Clauson, Robin Cc: Oborny, Shirley Subject: FW: 38th & Lake We've been bad again. The minutes won't reflect the authorization (at least I think they won't) so instead I'll sign a letter saying they authorized me to sell the property. If this is NOT ok w/you, please e-mail us back. -----Original Message ----- From: Oborny, Shirley Sent: Wednesday, December 13, 2000 1:39 PM To: Kiff, Dave Subject: FW: 38th & Lake Dave, Robin is asking for minutes - see below. I think we talked about this before - the fact that this was approved in a closed session on May 23, 2000, according to the emails between you and Marion. Now what??? —Original Message — From: Clausen, Robin Sent: Wednesday, December 13, 2000 12:10 PM To: Oborny, Shirley Subject: RE: 38th & Lake Shirley please get from file or Dave the date of approval by the Council and then get from clerk a copy of the minutes. -----Original Message ----- From: Oborny, Shirley Sent: Wednesday, December 13, 200012:04 PM To: Clausen, Robin; Kiff, Dave Subject: 38th & Lake Dave/Robin: Per the escrow officer, she'll need something that says Council approved this sale because the contract said it was null & void without it. She said a letter would suffice. Also, the contract reads: "This offer is subject to the processing and approval of a lot -line adjustment which would combine said lot with the adjacent lot at 3711 Lake Avenue." She said this needs to be clarified that the buyer will do the lot -line adjustment after the close of Escrow. Robin, maybe we should reiterate in this letter that the easement should be recorded on or after the date of the grant deed??? Shirley Oborny 644-3002 1 Oborny, Shirley From: Oborny, Shirley Sent: Wednesday, December 13, 2000 12:04 PM To: Clauson, Robin; Kiff, Dave Subject: 38th & Lake Dave/Robin: Per the escrow officer, she'll need something that says Council approved this sale because the contract said it was null & void without it. She said a letter would suffice. Also, the contract reads: "This offer is subject to the processing and approval of a lot -line adjustment which would combine said lot with the adjacent lot at 3711 Lake Avenue." She said this needs to be clarified that the buyer will do the lot -line adjustment after the close of Escrow. Robin, maybe we should reiterate in this letter that the easement should be recorded on or after the date of the grant deed??? Shirley Oborny 644-3002 i E 0 Oborny, Shirley From: Lacey, Mary Sent: Thursday, November 16, 2000 4:05 PM To: Oborny, Shirley Subject: 3700 Lake Avenue Importance: High /,jti' Robin wants you to prepare the new Grant of Street and Highway Easement, but hold that and the Amendment to Agreement, you received today, until after we have received the new Grant Deed from Mariners Escrow. What has to happen is this: 1. We get the new Grant Deed and have the Mayor sign and then we return to escrow. 2. Before the close of escrow we have the Simurda's come in to sign and notarize the Grant of Street and Highway Easement and Amendment to Agreement. 3. Our office will transmit the items in No. 2 to Marilyn Sauter at Mariners Escrow. If you have any questions please let me or Robin know. Thanks, Mary:-) $I, Oborny, Shirley From: Oborny, Shirley Sent: Wednesday, November 15, 2000 8:34 AM To: Kiff, Dave Subject: FW: 38th & Lake Triangle -UPDATE Ms. Borchers, one of the 2 parking tenants came in yesterday, not because of the 30-day notice, but because she felt we owed her $100 (half the monthly rent of $200). Her lease runs from the 15th to the 15th of each month, not from the 1st to the 1st as I assumed. She paid the full amount of $200 for Nov./Dec. so we owe her 2 weeks of rent. Robin was here and she told me what to say to her. Ms. Borchers will send me a letter and copy of her statement. I will then do a payment authorization to reimburse her. So... I don't think what you told Bruce Simurda in your email is accurate anymore9?? -----Original Message ----- From: Oborny, Shirley Sent: Tuesday, November 14, 2000 9:23 AM To: Kiff, Dave Subject: RE: 38th & Lake Triangle Dave, I understand about the easement needing to be redone. What I'm not understanding is the part about the 30-day notice we did. We gave the Borchers until Dec. 1st to vacate. -----Original Message ----- From: Kiff, Dave Sent: Monday, November 13, 2000 5:29 PM Cc: Oborny, Shirley Subject: RE: 38th & Lake Triangle Bruce -- A few updates: -- We've notified the Borchers that the parcel will no longer be allowed for parking after November 18, 2000. You can enter into an agreement for parking with them for the time between 11/18 and construction (good income producing idea), but you need to be aware that the Borchers will need to hear from you either way after 11/18 to avoid what our Assistant City Attorney refers to as an "unlawful detainer" problem. If they don't hear from the new owner (you), they can continue to authorize parking there and argue at a later date that they have some right to continue to do so. Because I'm not an attorney, I don't understand this as well as I should, but either way you should send them up a little letter saying either stop parking or enter into an agreement w/you. Shirley can give you the Borcher's address. -- We'll need to re -do the Easement Agreement (that one -pager whereby you give us the street easement). The date of the Agreement has to be AFTER the date at which you hold title to the property, since you cannot give an easement for property that you don't own. Shirley will help you there, too. We'll want to make the date on the new easement the same date as the date of sale. Dave ---Original Message ----- From: Bruce Simurda[mailto:bsimurda@mail.hotvws.com] Sent: Friday, October 06, 2000 6:42 AM To: Dave Kiff Subject: 38th & Lake Triangle How are things proceeing on the sale of the property? Haven't heard from you since last Friday, and I was hoping to have some paperwork to send the Coastal Commission this week. Can I expect the purchase agreement shortly (I can pick it up at City Hall)? Thank You, Bruce M. Simur Oborny, Shirley From: Oborny, Shirley Sent: Tuesday, November 14, 2000 9:23 AM To: Kiff, Dave Subject: RE: 38th & Lake Triangle Dave, I understand about the easement needing to be redone. What I'm not understanding is the part about the 30-day notice we did. We gave the Borchers until Dec. 1st to vacate. -----Original Message ---- From: Kiff, Dave Sent: Monday, November 13, 2000 5:29 PM Cc: Oborny, Shirley Subject: RE: 38th & Lake Triangle Bruce -- A few updates: -- We've notified the Borchers that the parcel will no longer be allowed for parking after November 18, 2000. You can enter into an agreement for parking with them for the time between 11/18 and construction (good income producing idea), but you need to be aware that the Borchers will need to hear from you either way after 11/18 to avoid what our Assistant City Attorney refers to as an "unlawful detainer" problem. If they don't hear from the new owner (you), they can continue to authorize parking there and argue at a later date that they have some right to continue to do so. Because I'm not an attorney, I don't understand this as well as I should, but either way you should send them up a little letter saying either stop parking or enter into an agreement w/you. Shirley can give you the Borcher's address. -- We'll need to re -do the Easement Agreement (that one -pager whereby you give us the streeteasement). The date of the Agreement has to be AFTER the date at which you hold title to the property, since you cannot give an easement for property that you don't own. Shirley will help you there, too. We'll want to make the date on the new easement the same date as the date of sale. Dave --Original Message ---- From: Bruce Simurda (mailto:bsimurda@mail.hotvws.com] Sent: Friday, October 06, 2000 6:42 AM To: Dave Kiff Subject: 38th & Lake Triangle Dave, How are things proceeing on the sale of the property? Haven't heard from you since last Friday, and I was hoping to have some paperwork to send the Coastal Commission this week. Can I expect the purchase agreement shortly (I can pick it up at City Hall)? Thank You, Bruce M. Simur Oborny, Shirley From: Coulter, Susan Sent: Monday, October 30, 2000 9:50 AM To: Oborny, Shirley Subject: Tax ID # Hi Shirley, Our tax ID # is 95-6000751. Have a nice dayl Susan Oborny, Shirley From: Kiff, Dave Sent: Monday, October 16, 2000 10:36 AM To: Oborny, Shirley Subject: Letterhead Shell.doc Letterhead Shell.doc Shirley -- Here's my "letterhead shell" that I use as a template for my letters. Why don't you take a crack at a letter to the Borchers (address below) stating stuff like: 1-- City intends to sell property 2 -- According to terns of our lease with the Borchers, notice is required. 3 -- this letter serves as that notice 4— please call you or me with questions about the letter. You may want to ask Leilani to dig up the Lease with the Borchers and read it (maybe even add the relevant section to the letter). It may even require 60 days notice. I don't think we have a copy around here unless its in my "38th and Lake" file. Fair warning — this is all part of the "empowering others" stuff that I learned at my training last week. But another thing they told me is that I don't give clear direction. So I'm working on all of this at once -- please bear with me... Dave Buelah Doyle and Beverly Borchers Post Office Box 876 Three Rivers, California 93271 (209)561-3273 9 • Oborny, Shirley From: Kiff, Dave Sent: Thursday, September 28, 2000 4:47 PM To: Oborny, Shirley Cc: Ohl, Daniel Subject: RE: 38th & Lake Triangle Let's add two terms to the Contract Supplement/Addendum: 4. This offer is subject to the processing and approval of a lot -line adjustment which would combine said lot with the adjacent lot at 3711 Lake Avenue. The lot line adjustment covers the issue of whether or not he can do two units, because he can't if the lots are co -joined. -----Original Message ---- From: Oborny, Shirley Sent: Thursday, September 28, 2000 1:22 PM To: Kiff, Dave Subject: RE: 38th & Lake Triangle I went up to talk to Dan on Monday, I think. He showed me what to give Bruce, but he said I needed to find the language (maybe in previous email to you) about line -point adjustment, and add that to the contract Marion had started. As you said, it's been busy and I haven't had a chance to bug you about that. I need your help with this part, as I'm nervous to do anything because I don't know too much about Real Estate. Do you think I should take a class or something or maybe get licensed like Marion? ----Original Message ----- From: Kiff, Dave Sent: Thursday, September 28, 2000 12:46 PM Cc: Ohl, Daniel; Oborny, Shirley Subject: RE: 38th & Lake Triangle Bruce -- Council gave me direction to sell the property for $35K once the City's public works staff and City attorney's office agreed to the easement issues. When you sent your last e-mail, I forwarded it to Dan Ohl of our City Attorney's Office. Dan offered to write something up that would give the Coastal Commission the assurance it needs to allow you to process your Coastal Development Permit. I talked with him on Tuesday about this. Its been a busy week for a variety of other matters, but I do want us to get this done and done quickly. Dave ---Original Message ---- From: Bruce Simurda[mailto:bsimurda@mail.hotvws.com] Sent: Thursday, September 28, 2000 9:44 AM To: Dave Kiff Subject: 38th & Lake Triangle Dave, We must know whether the City intends to sell the property at 38th and Lake to us at this time or not. Marion stated back in May that it was approved by Council, although I have been unable to locatate any refference in the minutes. I'd appreciate an answer either way. Thank You, • • Bruce M. Simurda 3711-1/2 Lake Ave. Newport Beach, CA 92663 (714) 979-2560 x-108 (office) (949) 548-6250 (home) 2 • 0 Oborny, Shirley From: Oborny, Shirley Sent: Tuesday, September 26, 2000 10:38 AM To: Ohl, Daniel Subject: RE: 38th & Lake Triangle Sounds good. -----Original Message ----- From: Ohl, Daniel Sent: Tuesday, September 26, 2000 10:36 AM To: Oborny, Shirley Subject: RE: 38th & Lake Triangle this afternoon about 330pm. ----Original Message ---- From: Oborny, Shirley Sent: Monday, September 25, 2000 3:48 PM To: Ohl, Daniel Subject: FW: 38th & Lake Triangle I have found the file(s). Let me know when you're available and I'll bring them to you. -----Original Message ---- From: Kiff, Dave Sent: Monday, September 25, 2000 8:56 AM To: Oborny, Shirley Subject: FW: 38th & Lake Triangle Another mess for you to help fix, Shirley! Somewhere between Dan Ohl's office, Marion's stuff, and Don Webb's office is a file or other documentation regarding this property which we agreed to sell to Bruce Simurda. He's been extraordinarily patient with us — if I were him, I'd have blown my top months ago. Could you please try and track down whatever paperwork exists and get it to Dan? I'd try Marion's files first, then Don's files. Dave -----Original Message ----- From: Ohl, Daniel Sent: Monday, September 25, 2000 8:49 AM To: Kiff, Dave Subject: RE: 38th & Lake Triangle do you know where the file is? I will go through it and give them some document if you want. -----Original Message ---- From: Kiff, Dave Sent: Monday, September 25, 2000 8:48 AM To: Ohl, Daniel Subject: FW: 38th & Lake Triangle Hi Dan -- I've got to get this off our plate. Helpl Dave • ----'Original Message ----- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.com] Sent: Sunday, September24, 2000 2:23 PM To: Dave Kiff Subject: 38th & Lake Triangle Dave, As you can see from the attached document, the Coastal Commission has denied my application pending proof of legal interest in the City -owned property at 38th & Lake. A signed offer to purchase would suffice at this point, so there anything you can do to help in get this transaction moving? Perhaps this week? Maroin stated back in May that the City Council had already approved the sale (although at the higher $35,000 price), so are we simply waiting for the docs to be drawn? Thanks again, Bruce Simurda -v Oborny,'Shiriey From: Oborny, Shirley Sent: Monday, September 25, 2000 3:48 PM To: Ohl, Daniel Subject: FW: 38th & Lake Triangle I have found the file(s). Let me know when you're available and I'll bring them to you. ---Original Message -- From: Kiff, Dave Sent: Monday, September 25, 2000 8:56 AM To: Oborny, Shirley Subject: FW: 38th & Lake Triangle Another mess for you to help fix, Shirley! Somewhere between Dan Ohl's office, Marion's stuff, and Don Webb's office is a file or other documentation regarding this property which we agreed to sell to Bruce Simurda. He's been extraordinarily patient with us -- if I were him, I'd have blown my top months ago. Could you please try and track down whatever paperwork exists and get it to Dan? I'd try Marion's files first, then Don's files. Dave -----Original Message ----- From: Ohl, Daniel Sent: Monday, September 25, 2000 8:49 AM To: Kiff, Dave Subject: RE: 38th & Lake Triangle do you know where the file is? I will go through it and give them some document if you want. ---Original Message ---- From: Kiff, Dave Sent: Monday, September 25, 2000 8:48 AM To: Ohl, Daniel Subject: FW: 38th & Lake Triangle Hi Dan -- I've got to get this off our plate. Helpl Dave —Original Message ---- From: Bruce Simurda[maiito:bsimurda@ma!i.hotvws.com] Sent: Sunday, September 24, 2000 2:23 PM To: Dave Kiff Subject: 38th & Lake Triangle Dave, As you can see from the attached document, the Coastal Commission has denied my application pending proof of legal interest in the City -owned property at 38th & Lake. A signed offer to purchase would suffice at this point, so there anything you can do to help in get this transaction moving? Perhaps this week? Maroin stated back in May that the City Council had already approved the sale (although at the higher $35,000 price), so are we simply waiting for the docs to be drawn? Thanks again, 0 • Ohorny, Shirley From: Bruce Simurda lbsimurda@mail.hotvws.comj Sent: Wednesday, July 12, 2000 9:47 AM To: MARION-NPB Subject: 38th & Lake Triangle Marion, We have just received Approval in Concept from the NPB Planning Dept. on our remodel at 3711 Lake Ave., and are proceeding with the Costal Comission application. However, they will require us to complete our purchase of the City -owned property at 38th & Lake, and do lot -line adjustment, before the application can be completed. I understand that Dave Kiff is out of town this week, so is there anything you can do to hurry this transaction along? Thank You, Bruce M. Simurda 3711-1/2 Lake Ave. Newport Beach, CA, 92663 (949) 548-6250 (home) (714) 979-2560 x-108 (office) Oborny,'Shirley From: Bruce Simurda [bsimurda@mail.hotvws.comj Sent: Wednesday, June 21, 2000 11:25 AM To: Dave Kiff Cc: MARION-NPB Subject: 38th & Lake Triangle Dave/Marion, Has there been any movement toward the sale of the property at 38th & Lake? I would appreciate any feedback on its progress. Also, the City Planning Department wants a letter of intent on the purchase in order to proceed with the Approval In Concept. Can you help with this? Thank you, Bruce & Diana Simurda 3711 -1/2 Lake Ave. Newport Beach, CA 92663 (714) 979-2560 (days) (949) 548-6250 (eves) Oborny, Shirley From: Bruce Simurda [bsimurda@mail.hotvws.comj Sent: Wednesday, May 24, 2000 11:37 AM To: Brockman, Marion Subject: RE: 38th/Lake Triangle Marion Thank you for getting back with me. While $35,000 is a bit more than the original offer from the City, we will probably be able to swing it. But what I need to know now is the conditions that the City will put on that offer. In other words, is there a time requirement for the remodeling of my property? By the way, just last night I found the e-mail where Dave acknowledged the City's offer of $25,000 in 1998. Ironic, isn't it. Bruce Simurda ----- Original Message ------- From: "Brockman, Marion" <MBrockman@city.newport-beach.ca.us> Date: Wed, 24 May 2000 09:11:36 -0700 Dave took your offer to the City Council last night and they authorized the sale at $36,000. This is their "best and final" offer, and the City will pull out the asphalt. -Thanks Marion --Original Message ----- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.comj Sent: Tuesday, May 23, 2000 8:03 AM To: MARION-NPB Subject: 38th/Lake Triangle Mrion, Haven't talked to you in a while, so I'd like to touch bases to see how the sale of the property is proceeding. Also, as I mentioned in a previous e-mail, is there any possibility of having the asphalt removed from the lot prior to the purchase. The City is currently resurfacing the streets in my neighborhood, and it wouldn't take much for them to pull the asphalt up from that lot and reycle it while they're there. Sure would help me out. Let me know. Thank You, Bruce Simurda Oborny,'Shirley From: Bruce Simurda [bsimurda@mail.hotvws.com] Sent: Wednesday, May 24, 2000 1:21 PM To: Kiff, Dave Cc: MARION-NPB Subject: RE: 38th/Lake Triangle Dave/Marion, That sound very good. I've already spoken with my wife, Diana, and we're in agreement that the $35,000 is an acceptable amount (yes, prices have risen since 19981). No problem on either lot line adjustment the easement modifications. We're ready to sign the purchase agreement, just let me know when it's ready and we'll be therel Thanks for everything, Bruce & Diana Simurda Oborny, Shirley From: Kiff, Dave Sent: Wednesday, May 24, 2000 12:54 PM To: Brockman, Marion;'bsimurda@mail.hotvws.com' Subject: RE: 38th/Lake Triangle Marion and Bruce -- I told the City Council about the $25K -- they believe, and I do as well, that the property has appreciated over time AND it's still a significant chunk less than the 1993-era near sale (at $50K). I think $35K is a fair price given that its May 2000. There is no specific time limit on the remodeling of Bruce's property -- the only conditions are that we make a lot line X adjustment to combine the two parcels, that he use the new parcel for his remodel and not a separate new unit, and that 1� the City and he agree upon the easement modifications suggested by Public Works. Dave ----Original Message ---- From: Brockman, Marion Sent: Wednesday, May 24, 200011:42 AM To: Kiff, Dave Subject: FW: 38th/Lake Triangle Would he get his answers from the building department? ---Original Message ----- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.com] Sent: Wednesday, May 24, 2000 11:37 AM To: Brockman, Marion Subject: RE: 38th/Lake Triangle a Marion • Thank you for getting back with me. While $35,000 is a bit more than the original offer from the City, we will probably be able to swing it. But what I need to know now is the conditions that the City will put on that offer. In other words, is there a time requirement for the remodeling of my property? By the way, just last night I found the e-mail where Dave acknowledged the City's offer of $25,000 in 1998. Ironic, isn't it. Bruce Simurda ------- Original Message From: "Brockman, "Brockman, Marion" <MBrockman@city.newport-beach.ca.us> Date: Wed, 24 May 2000 09:11:36 -0700 Bruce, Dave took your offer to the City Council last night and they authorized the sale at $35,000. This is their "best and final" offer, and the City will pull out the asphalt. Thanks, Marion -----Original Message ----- From: Bruce Simurda[mailto:bsimurda@maii.hotvws.com] Sent: Tuesday, May 23, 2000 8:03 AM To: MARION-NPB Subject: 38th/Lake Triangle Mrion, Haven't talked to you in a while, so I'd like to touch bases to see how the sale of the property is proceeding. Also, as I mentioned in a previous e-mail, is there any possibility of having the asphalt removed from the lot prior to the purchase. The City is currently resurfacing the streets in my neighborhood, and it wouldn't take much for them to pull the asphalt up from that lot and reycle it while they're there. Sure would help me out. Let me know. Thank You, Bruce Simurda z Brockman, Marion From: Kiff, Dave Sent: Tuesday, May 23, 2000 6:44 PM To: Brockman, Marion Subject: RE: 38th/Lake Triangle Marion -- Please tell Bruce that Council authorized a sale of the property at $35,000. That's their "best and final" offer. If he agrees to it, we're off and running. And we'll pull out the asphalt. Dave -----Original Message ----- From: Brockman, Marion Sent: Tuesday, May 23, 2000 8:20 AM To: Kiff, Dave Subject: FW: 38th/Lake Triangle Dave, Anything happening with this lot? What should I tell Bruce? ---Original Message -- From: Bruce Simurda[mailto:bsimurda@mail.hotvws.comj Sent: Tuesday, May 23, 2000 8:03 AM To: MARION-NPB Subject: 38th/Lake Triangle Mrion, Haven't talked to you in a while, so I'd like to touch bases to see how the sale of the property is proceeding. Also, as I mentioned in a previous e-mail, is there any possibility of having the asphalt removed from the lot prior to the purchase. The City is currently resurfacing the streets in my neighborhood, and it wouldn't take much for them to pull the asphalt up from that lot and reycle it while they're there. Sure would help me out. Let me know. Thank You, Bruce Simurda 2000 Main St Huntington Beach, CA 92648 or e-mailed to: beardslr@surfcity-hb.org Our phone number is 536-5437. Thanks for your help. Caren Ferrera (ferrerac@surfcity-hb.org) Oborny, Shirley From: Kiff, Dave Sent: Tuesday, May 23, 2000 8:57 AM To: Brockman, Marion Subject: RE: 38th/Lake Triangle I've got it on closed session tonight. ----Original Message ---- From: Brockman, Marion Sent: Tuesday, May 23, 2000 8:20 AM To: Kiff, Dave Subject: FW: 38th/Lake Triangle Dave, Anything happening with this lot? What should I tell Bruce? ---Original Message --- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.com] Sent: Tuesday, May 23, 2000 8:03 AM To: MARION-NPB Subject: 38th/Lake Triangle Mrion, Haven't talked to you in a while, so I'd like to touch bases to see how the sale of the property is proceeding. Also, as I mentioned in a previous e-mail, is there any possibility of having the asphalt removed from the lot prior to the purchase. The City is currently resurfacing the streets in my neighborhood, and it wouldn't take much for them to pull the asphalt up from that lot and reycle it while they're there. Sure would help me out. Let me know. Thank You, Bruce Simurda 0 Oborny; Shirley From: Bruce Simurda [bsimurda@mail.hotvws.comj Sent: Tuesday, May 23, 2000 8:03 AM To: MARION-NPB Subject: 38th(Lake Triangle Mrion, Haven't talked to you in a while, so I'd like to touch bases to see how the sale of the property is proceeding. Also, as I mentioned in a previous e-mail, is there any possibility of having the asphalt removed from the lot prior to the purchase. The City is currently resurfacing the streets in my neighborhood, and it wouldn't take much for them to pull the asphalt up from that lot and reycle it while they're there. Sure would help me out. Let me know. Thank You, Bruce Simurda Oborny, 'Shirley From: Bruce Simurda [bsimurda@mail.hotvws.com] Sent: Wednesday, May 10, 2000 2:05 PM To: Brockman, Marion Subject: RE: 38th & Lake Triangle Marion, Thank you. I'll wait until I hear from you on the Council's approval. Bruce --------- Original Message ------------ From: "Brockman, Marion" <M Brockman@city. newport-beach.ca, us> Date: Wed, 10 May 2000 12:03:16 -0700 my paperwork is complete, but Dave told me told hold off until he goes to council for approval. _-Original Message ---- From: Bruce Simurda [mailto:bsimurda@mail.hotvws.com] Sent: Wednesday, May 10, 2000 12:00 PM To: MARION-NPB Cc: Dave Kiff Subject: 38th & Lake Triangle Marion, Sorry to bother you, but I was wondering if there has been any progress on the paperwork for my purchasing of the City -owned lot on the corner of 38th & Lake Ave. It has been some time since we last spoke, and things are pretty much on hold until the property is acquired. Thank You, Bruce Simurda Oborny, 'Shirley From: Bruce Simurda [bsimurda@mail.hotvws.comj Sent: Wednesday, May 10, 200012:00 PM To: MARION-NPB Cc: Dave Kiff Subject: 38th & Lake Triangle Marion, Sorry to bother you; but I was wondering if there has been any progress on the paperwork for my purchasing of the City -owned lot on the corner of 38th & Lake Ave. It has been some time since we last spoke, and things are pretty much on hold until the property is acquired. Thank You, Bruce Simurda Oborny, Shirley From: Bruce Simurda [bsimurda@mail.hotvws.comj Sent: Tuesday, April 04, 2000 6:26 PM To: Brockman, Marion Subject: RE: 38th & Lake Triangle Marion, Unfortunately, I did not save the e-mail where Dave referred to the sale price for the lot at 38th & Lake. That was back in October of 1998, and I had a completely different internet system at that time. I did print the e-mail where Dave reffers to the August 1998 City Council meeting where Council Member Thomson suggested selling the the parcel at a reduced price ($25,000) if I agreed to submit plans to reconstruct my residence, and agreed to the City easements. I do remember that Dave called me at my office, to inform me of that offer. If you e-mail me your fax number, I will send this document over. Perhaps the minutes from that August 1998 City Council Meeting will indicate that this was the price I was offered. Thank You, Bruce Simurda 3711-1/2 Lake Ave. Newport Beach, CA 92663 (949) 548-6250 (home) (714) 979-2560 x-108 (office) --------- Original Message From: 'Brockman, Marion" <MBrockman@city.newport-beach.ca.us> Date: Tue, 4 Apr 2000 15:01:05 -0700 >Bruce, > Dave asked me to send you an e-mail requesting a copy of the e-mail >in which Dave referred to a sales price for the lot on 38th and Lake. After >we establish a sales price I will need a deposit check to open escrow. >thanks, Oborny, Shirley From: Bruce Simurda [bsimurda@maii.hotvws.coml Sent: Wednesday, March 29, 2000 8:26 AM To: Brockman, Marion Subject: Re: 38th & Lake Triangle Marion, Thank you very much for your reply. If it helps, I have (uncompleted) deeds that were prepared by the City of Newport Beach for the 38th/Lake Triangle property back in 1993, when another gentleman was considering purchasing the property (before I bought the house next door). It has the legal description, as well as an exhibit drawing of the parcel showing the easement the City wants to retain. I could fax it to you thins afternoon, if needed. Thanks again, Bruce Simurda -- Original Message From: "Brockman, Marion" <MBrockman@city.newport-beach.ca.us> Date: Wed, 29 Mar 2000 08:10:33 -0800 >Sorry for the delay, but I have reviewed the files on this piece of property >and spoken with the City Attorneys office and our next step is enter into a i >Purchase Agreement. I will obtain 10forms from the O.C. Board of Realtors • >and complete our portion. I will give you a call when this is completed and >ready for your review and signature. If you have additional questions I can >bereached at644-3002. Thanks, Marion Brockma Oborny, Shirley From: Kiff, Dave Sent: Tuesday, March 28, 2000 5:59 PM Cc: Brockman, Marion Subject: RE: 38th & Lake Triangle Bruce -- Sorry for being out of communication -- been out of town for four full workdays. I've asked my assistant, Marion Brockman, to help get the sale going -- she's an expert at it. I'll check in with her tomorrow to find out how we're doing -- my guess is that I'm the stumbling block somewhere, somehow. But we'll get right on it. Dave ---Original Message ----- From: Bruce Simurda[mailto:bsimurda@mail.hotvws.com] Sent: Tuesday, March 28, 2000 4:15 PM To: Dave Kiff Subject: 38th & Lake Triangle Dave, Submitted our plans for the improvements at 3711 Lake Avenue to the NPB Building Department for "Approval in Concept." One stumbling block, though, Marina, of the planning Dept., informed us that before we can receive approval, we will need documentation that the City is in the process of selling us the parcel in question, which part of the improvement will be on. I guess they can't approve us building on someone else's land. She also stated that the purchase may have to be compete before Coastal Commission approval is granted. Please advise. Thank You, Bruce Simurda 3711-1/2 Lake Ave. Newport Beach, CA 92663 (949)548-6250 (714) 979-2560 x-108 (off f - � Oborny, Shirley . From: Kiff, Dave Sent: Monday, March 20, 2000 2:36 PM To: Brockman, Marion Subject: RE: 38th & Lake Triangle Property Actually, the Council item doesn't talk about what happened next -- the subcommittee (debay, thomson, edwards) agreed that they would sell it to the adjacent property owner IF he agreed to expand his own home. They said, too, that we'd give it to him at a lower price (thus the $25K) IF he agreed to share a bit of it with Don Webb for an easement. He's done all of this and is now ready to "make good" on the deal. It IS way below market, but we can't get market given that we don't want someone to come in there and jam a too -large building on a too -small site. We can and should take it to Council w/termination of existing lease -- but we'll make it so that the termination is pending upon the close of escrow, so if he backs out, we don't lose the parking revenue. --Original Message ---- From: Brockman, Marion Sent: Monday, March 20, 2000 2:15 PM To: Kiff, Dave Subject: RE: 38th & Lake Triangle Property In researching the file .... in August of 1999 the ad hoc submcommittee concurred not to sell this property. Since 1993 and 1998 the property has only gone up in value and $25,000 is way below market value (now this is only if you want my two cents worth). Before I get back in touch with Bruce Simurda, (did he offer only $25,000?) when are you taking this to Council? Termination of the existing lease and approval of the offer by Council should be done before we open escrow. —Original Message ----- From: Kiff, Dave Sent: Monday, March 20, 20001:48 PM To: Brockman, Marion Subject: RE: 38th & Lake Triangle Property It does have to go to Council -- a Council subcommittee in late 1998 OK'd the pricing, but I want to take it back to them. I don't need to meet with them -- they should be able to proceed on schedule if we can get the matter to Council. Dave ---Original Message ---- From: Brockman, Marion Sent: Monday, March 20, 2000 1:47 PM To: Kiff, Dave Subject: RE: 38th & Lake Triangle Property Do you want to meet with him and his architect? Does this have to go back to Council since we are offering it at $25,000 and it was before Council in 1993 at a selling price of $50,000 and was approved at that price? ----Original Message --- From: Kiff, Dave Sent: Monday, March 20, 2000 11:21 AM To: Brockman, Marion Subject: FW: 38th & Lake Triangle Property Helpl Could you work with whomever (Robin?) to prepare to sell the property we own at 38th and Lake? I have the file. The selling price will be $25,000. We'll need to "notice" the two sisters to whom we currently lease the property for parking. 1 Thanksl Dave ----Original Message -- From: Bruce & Diana Simurda [mailto:nbsimurda@earthlink.net] Sent: Saturday, March 18, 200012:55 PM To: Dave Kiff Subject: 38th & Lake Triangle Property Dave, Sorry to bother you once again, I know you must be quite busy in your position with the City, but I was wondering if there was anythng I could do To streamline/hurry along the process of purchasing the City -owned lot on the corner of 38th Street and Lake Ave. My architect, Gary Maxwell, who has been working with Marina on setback and such for the plans, suggested a short meeting where we could get together and discuss the process. He would be much more in -tune with what is needed than me. If this is a possibility, please give me a call. And if there is any thing else you need, or someone else I need to speak with, please don't hesitate to nofity me. I have given notice to my downstairs tenants, and would like to begin work this June. Thank Youl Bruce M. Simurda 3711-1/2 Lake Ave Newport Beach, CA 92663 (949) 548-6250 (home) (714) 979-2560 X-108 (office) Oborny, Shirley From: Kiff, Dave Sent: Monday, March 20, 2000 1:48 PM To: Brockman, Marion Subject: RE: 38th & Lake Triangle Property It does have to go to Council -- a Council subcommittee in late 1998 OK'd the pricing, but I want to take it back to them. I don't need to meet with them -- they should be able to proceed on schedule if we can get the matter to Council. Dave --Original Message -- From: Brockman, Marion Sent: Monday, March 20, 20001:47 PM To: Kiff, Dave Subject: RE: 38th & Lake Triangle Property Do you want to meet with him and his architect? Does this have to go back to Council since we are offering it at $25,000 and it was before Council in 1993 at a selling price of $50,000 and was approved at that price? --Original Message --- From: Kiff, Dave Sent: Monday, March 20, 2000 11:21 AM To: Brockman, Marion Subject: FW: 38th & Lake Triangle Property I Help] Could you work with whomeve*tobin?) to prepare to sell the property we 0 at 38th and Lake? I have the file. The selling,price will be $25,000. We'll need to "notice" the two sisters to whom we currently lease the property for parking. Thanksl Dave -----Original Message --- From: Bruce & Diana Simurda (mailto:nbsimurda@earthlink.net] Sent: Saturday, March 18, 2000 12:55 PM To: Dave Kiff Subject: 38th & Lake Triangle Property Dave, Sorry to bother you once again, I know you must be quite busy in your position with the City, but I was wondering if there was anythng I could do To streamline/hurry along the process of purchasing the City -owned lot on the corner of 38th Street and Lake Ave. My architect, Gary Maxwell, who has been working with Marina on setback and such for the plans, suggested a short meeting where we could get together and discuss the process. He would be much more in -tune with what is needed than me. If this is a possibility, please give me a call. And if there is any thing else you need, or someone else I need to speak with, please don't hesitate to nofity me. I have given notice to my downstairs tenants, and would like to begin work this June. Thank Youl Bruce M. Simurda 3711-1/2 Lake Ave Newport Beach, CA 92663 (949) 548-6250 (home) (714) 979-2560 X-108 (office) Oborny, Shirley From: Kiff, Dave Sent: Monday, March 20, 2000 11:21 AM To: Brockman, Marion Subject: FW: 38th & Lake Triangle Property Help] Could you work with whomever (Robin?) to prepare to sell the property we own at 38th and Lake? I have the file The selling price will be $25,000. We'll need to "notice" the two sisters to whom we currently lease the property for parking. Thanksl Dave ---Original Message -- From: Bruce & Diana Simurda (mailto:nbsimurda@earthlink.net] Sent: Saturday, March 18, 200012:55 PM To: Dave Kiff Subject: 38th & Lake Triangle Property Dave, Sorry to bother you once again, I know you must be quite busy in your position with the City, but I was wondering if there was anythng I could do To streamline/hurry along the procese purchasing the City -owned lot on the corner of 38th Street and Lake Ave. My architect, Gary Maxwell, who has been working with Marina on setback and such for the plans, suggested a short meeting where we could get together and discuss the process. He would be much more in -tune with what is needed than me. If this is a possibility, please give me a call. And if there is any thing else you need, or someone else I need to speak with, please don't hesitate to nofity me. I have given notice to my downstairs tenants, and would like to begin work this June. Thank Youl Bruce M. Simurda 3711-1/2 Lake Ave Newport Beach, CA 92663 (949) 548-6250 (home) (714) 979-2560 X-108 (office) .a ESCROW DOCUMENTS I nT Sni n 1 ?/?q/nn a 01/05/01 10:51 MARINERS ESCROW CIVIC PLAZA 4 96443008 01/05/01 10:10 FAX 714835400J� 7148354093— FATCO TITLE ds: -„ sd QI 0 0 1 / 0 0 4 FM Amaf" Tftl1 falrat w- Cm my • RICONMG 220traaf® an Arm WIMI RMICOU >m MAI47o: Bra" M. Stow" OIsM SlaarMa 37it 1/2 Late Aveaua Nawpon Beth, CA 92663 Racording Ilagui oud By First American Title Insurance Company Recorded In Official Recards,Caunty of Orange Gary L Granville Clerk -Recorder a1110 32.00 20000708239 04:30pm 12/28/00 108 28 G02 4 19.25 19.25 20.00 0.00 B.00 0.00 0.00 0.00 Abw "is Gr b WMdsr's Ur 019y Escrow No.: 2-2MI-MS GRANT DEED THa VNGitism aD ORAMrolto)D8O.AM)THATDO(,TrrMARYTMN9M TAX 19: COUNTY,g38•SO X l rmpned on lull value of ooavayad, or oomf e W it ( I City of N�` amslotaa u titre of Sale. p0R A VALUABLE COMMMATiON, Ruelpt of wiioh is baeby aelnowladgad, The City of Newpaa )oaaelt, a 6fwktpal Carpa'atioa hereby ORANT(S) to Bruce Ma. Sawdt and Dim C. Sawi ds, k-Mband and wife, as Jolat txaaata the following der rg3cd pnmartY in the City of Newport Bash. County of OMW Stau of Cailiontia; That perdoa of Ow Noethwa e; Lalf or Las 9 and Si is Bioelt 137 or Rive Swami to dw MY of Natrprt Baath, CeuW of Oange, Burr as CWJMMis, ae pair nup Bearded In Book 4, Pager 25, of M 0011—sober Maps In the Office of the County Rsordar of said County. (Cawflo a 4w dawdom an awbit 'Al, attadad Ita wA and trade a port MrwtL) The Ciry of Newport nowh. a MuaieW 'WMrst American 7fitle r a papas ► Corporatiod ib — flan 9y:� Caf 1Co. O.pt. Phone% __-- STATBOP aN CouRry oP O. 6 p,neuby ireerdj$ pcnmal% 1aoft ro 01 sad sttaaWtwsd m av eu palo.Km n1 an wrrN6ta toy bud sod olau.l sW. dr ebb wbnss rabsebd o ter n.Nas W eaostn ta,brd cspKatQ end dW by ltlnr "Nauru on tle amunwa 7tdr saw Ax ankisl nod., ssu. Mail Tut Stuermots to: SAMB AS ABOV B or Addrad Nowd Below order: alleea Description: 2000. 700239 Page 1 of 4 Co®ant: " 01/05/01 10:51 MRRINERS ESCROW CIVIC PLRZA 4 96443008 7148354093 - — Ol/05/01 10:10 FAX 7148354093 • _FATCO TITLE ■ LSC 'LG GL 0 0002/004 Alm his Lgw■r Ceemim EXHIBIT (A) OR 2014302 AIL THAT CGITAD( LAND rrrt;Am IN Tl® tr'ATS O► CAI.ROR1Ub COUNTY Op ORANGE, CITY OF NEWPORT BEACH, OWC119M AS FOLLOW■: THAT PORTION OF THE NORTHWEST HALF OF LOTS 9 AND 10IN BLOCK 137 OF RIVER SECTION. AS SHOWN ON A MAP RECORDED IN BOOK A. PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS POLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID NORTHWEST HALF OF SAID LOT 9; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 9 NORTH 37013130" WEST 37.00 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE SOI.MHEASTERLY LINE OF SAID LOT 9 NORTH 5294630" EAST 6.07 FEET TO A LINE PARALLEL WITH AND 17.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES, FROM THE CEN18RLM OF 38W BIREET, AS SAID CENTERLINE IS SHOWN ON RECORD OF SURVEY MAP NO, 88.18W FILED IN BOOK 118, PAGE 39 OF RECORD OF SURVEYS, IN THE OFFICE Op THE COUNTY RECORDER OF SAID ORANGE COUNTY. SAID LAST MENTIONED PARALLEL LINE BEING THE SOUnIERLY RIOW OF WAY LINE OF 38T" STREET; THENCE ALONG SAID LAST MENTIONED PARALLEL LIiS AND RIGHT OF WAY LINE NORTH 86.5700" BAST 65.50 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTHWESTERLY ALONG THE SO TTHBASMRLY LINE OF THE NORTHWESTERLY HALF OP SAID LOTS 9 AND 10 SOUTH 52046030• WEST 60.00 FEET TO THE POINT OF BEGINNING. Order: ai.Laan Draoript:lan: 2000. 708239 Papa 2 c0- 4••. Cwetant:— —�- - 01/05/01 10:52 MARINERS ESCROW CIVIC PLAZA 4 96443008 7140354093 01/05/01 10:10 FA.T 7148354 ! FATCO TITLE ■ ..7 'LLB .7 2003/004 tits* of OaNlorrlis N. cow%y d _(LA� .3=►::1 :. �rr-",n s , y lFJU, V.INfi rL4j;;ozft Commlulan Y 11701Q0 No*cry NOR-'-Cdllornlo Grange CaunN MYGanyn•dP�bn?3.7tn1 n.o,rrrsw» jS(psrson►fy known tc mo ❑ proved to me on the be" of eatisfactary ovkisnu to be ft Pets W Wtwso nomex ackmowirinse l an d ana+frtadgsd to the some In orlthNr zed apadty end that CY sr r *f stxwe iM ktabwwt" or lha sMib "half of whl the Pet J� gated, examnod tM ktetlUmaM. WITNESS my hand and oflkisl seat. OP77ONAL 7nwo dw kMf■Won b�" k not nWAVd by *A r rfryve" V"mbf■ a p� MbMC ran Me abouerant p,obwap wa*WA*Avnll mvo end,'M■arf■MW*I" k7n roao■w dmunanf. Description of Aft chfed Docu"wll TPoe a Type W Cxcmant: DocumafM DaM: ftneds) o0orThen Named Abw&: _ Capoomiss) clabnsd by slpnar signer's Name: a lfrdtvid0al C Corwiftogger—TItk+(s): Ll p~—❑ UmW O Gonarsl CJ Attorney In Feet 0 Trwtes GuerAsn or Conservator Ottw. BOW Is Reprf.eentina: ♦ irlf MMW rtl.ry,ula�r..• ■71Da. i/M..a a�r.� • MUMe. G .rn NwTiw of Pe9W 7 Of w.r.wr■ar n..wrrc�w►rw.,sasnanr Ordwr: 014"n • D0acripti0u: 2000. 70""--Pa9W' 3- or V CZ�ts': I _ 01/05/01 10:52 _ MARINERS ESCROW CIVIC PLAZA 4 96443009 7148354033 01/05/01 10:11 FAX 7148354003 FATCO TITLE • NO.008 P005/005 Z004/004 GOVERNMENT CODE 27361.7 I CERTIFY PENALTY THAT THESEAL ON THE DOCUMENT TODER WH CH THIS STATEMENT SOATTACHED READS AS FOLLOWS: NAME OF NOTARY: LEILANI V. INES DATE COMMISSION EXPIRES: JANUARY 25, 2002 COUNTY WHERE BOND IS FILED: ORANGE COMMISSION NUMBER: 1170960 VENDOR NO: NNA1 PLACE OF EXECUTION. SANTA ANA, CALIFORNIA DATE: December 27, 2000 SIGNAT A COMPANY Order: ai.2ega • Dwmariyti=: 2000.708239 --P=yr'4'"ar 4' Ccwmwnt= 14 01/05/01 10:51 MARINERS ESCROW CIVIC PLAZA -> 96443009 ND.008 P001/005 0 • MARINERS ESCROW 4 CIVIC Mu,,, Sane ln(1 CIVIC PLAZA Noapon Beach, Cidifbm,q 92660 f'Iwnc(949) 729.0199 Fu(949) 729-01911 FAX TRANSMITTAL DATE : January 5, 2001 TO: : Shirley Oborny FAX NO : 644-3008 FROM : Jennifer for Marilyn Sauter SUBJECT: RE: 3700 Lake Ave. A copy of the recorded Grant Deed, per your request. TIME: 10:02 AM TOTAL NUMBER OF PAGES: _ S _ (INCLUDING THIS PAGE) IPA SIGNATURE IS REQUIRED, PLEASE FAX BACK TO: %9-729-0190 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CONTACT US AT: 949-729-0199 IMPORTANT NO'PE: Should any of these papers require an ORIGINAL SIGNATURE, Please take a XEROX COPY BEFORE SIGNING. We will not accept an Original Signature an FAX paper. Thank you for your cooperation In this matter. THIS MESSAGF. IS INTENDED ONLY FOR THE; USE OF'I'HE INDIVIDUAL OR ENTITY'1'0 WHICH IT IS ADDRI{SSF.D, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED Ok CONFIDENTIAL. IF THE RrADER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGE -NI- RFSPONSIBLE FOR DELIVERING THE MESSAGE TO THE INThNDFD RECIPIENT YOU ARE, HERESY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRIC I'I.Y PRO11191TED, IP YOU HAVE READ THIS COMMUNICATION IN ERROR, PLEASE NO'i'IFY US IMMEDIATELY DY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE: ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE 2-2351-MS A 01/05/01 10:51 MARINERS ESCROW CIVIC PLAZA -> 96443009 O1/OS/Ol 10:10 PAXV71483540930. 7146954093 E r .-. FATCO TITLE — • � adC 'era 7e� (2I001/004 • Revutlae W. ftm MA" iti/ 1111)tHaeN Cattpow • RICOWWO INQUASM BY AyW WUN RICORM MAM TD: 911'ce M. 9loands Dian Sleattds 3711 1/2 Lalto Avaus Newport Baah, CA 92663 Recordlnp Raataaisd By First American Tills Insurance Company Recorded In Official Recorde,County of Orange G L Granville Clerk -Recorder �INq i�NlailliNithIll 32.00 108 2s 0000708239 04:30pm 12/28/00 19.25 19.25 20.00 0.00 8.00 0.00 0.00 0.00 GRANT DEED Lim a" RecmW's Ur 019y Eaetow No.: 2-ml-Mt; THS VNDRRmMM CRANIVW)D11CLAIe4) THAT DOWMAWARY TRAMM TAX 3: COUNTY,�'!B• ( X J omuted an full VAIN or pro�esY ooaveyed. a r ] valve Mw" valve of I1we err " usl6aeeee 1ns1RiRt a tlme of ale. [ 1 STM I X 1 Cityof Naweoet RgIt, and POR A VALUABLE COH=MRATION, XvAi t of wldoh Y halaby tobtowledtad. Tits City or Newport Bead, a MuaklDal Cerpors" hereby GRANT(S) to Brute M. 31"Wda &" Dim C. Shade, htuhand and wife, w Joiot twats the foiWwiat deecrihad property in the City of Newport Now&, County of OeaW State of California: That portim of Ox Notthwas half of Lab! wed lI IN Block 137 of ideer Bectfmt In the City of Nawpa4 Bath. County of oftalk beta of Cali male, a par Iap recorded In Boot I, Yale 25, of bumodI eeoaa Maps In the Office of the County Record& or eaW County. (Complete letd domed" an Ytdd4lt "A" aaathed hoer and merle a Patt hereof.) Ths City of Newpon Boarh, a Mueiclpal Carparetlan By: By: STATe OF w ) r ff 27« �xn"natty taOWA to-, w he sw wlots erhrcrhd o tmr nNiln lacaauem rand selaoNdeN m err dot dMIM a�etrd err toe. NeM aexstl ante duo M laver rytaanIA on de I MAMA eu proonKmr as sdry wpm b"" of.hich an pu*mwAum& wawa low Iwauamm wrrNats ey bud And w w "0' SiOa,lnx,�1 4� Y. -QMJY� Thu era Ax mRkw saw ul awl, Mail Ter Staterrmis to: SAME AS ABOVE or Addrer Noted Below Osdar: allow Description: 2000.100239 Payer 1 of 4 Coma»C: 01/05/01 10:51 MARINERS ESCROW CIVIC PLAZA 4 9644300B NO.008 P003/005 01/05/01 M 10 FAX 7148354098- 7148354093 — _ FATCO TITLE • Q 002/004 "~'~ E�WIBIT (A) ' oR Zoiasoi lTIt,1IQR1[m!•)088TftTti9 M. tAleZ ALL TW,T CRRTAD( LAND X"AlU IN To STAT8 of cmmo mm. COUNTY OF GRAMS, CITY OF NBWPORT BEACH, DS/CUMAE WI1.0'MY: THAT PORTION OF THE NORTHWEST HALF OF LOTS 9 AND 10IN BLOCK 137 OF Rrtrm SECTION. AS SHOWN ON A MAP RECORDED IN BOOK A, PAGE 25 OP MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAL)FORNLA. DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNMt OF SAID NORTHWEST HALF OF SAID LOT 9; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 9 NORTH 37013'30" WEST 37.00 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE 30"IBASPBRLY LINE OF SAID LOT 9 NORTH 52.4630" BAST 6.07 PE'ET TO A LINE PARALLEL WITH AND 11.00 PEET SOUTHERLY MEASURED AT RIGHT ANGLES, FRom THE CERmR1.B'18 OF 38m S IREBT, AS SAm CENTERLINE IS SHOWN ON RECORD OF SURVEY MAP N0, 88-1006 FILED IN BOOK 118, PAGE 39 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. SAID LAST MENTIONED PARALLEL LINE BMO 'THE SOUTHERLY RIGHT OF WAY LINE OF 38TH STREET; TRENCB ALONG SAID LAST MENTIONED PARALLEL LINE AND RIGHT OF WAY LINE NORTH 866ST00" EAST 65.50 FEET TO ITS WTERSECPION WITH THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LENS OF THE NORTHWESTERLY HALF OF SAID LOTS 9 AND LO SOUTH 52.463V WEST 60.00 FEET TO THE POINT OF BEGIlVA M' order: ailoon Draoaiptlon: 2000. 70*239 Pape 2 os'• 4••. RaOt*nt:---�-- "' 01/05/01 10:52 MRRINERS ESCROW CIVIC PLRZR 4 96443008 714B3SdO93 01/05/01 10:10 FAX 7148354093 • _ FATCO TITLE ,_ • 0003/004 8lete of c4Mojnnle C4tm of �'"�N U. rLio�p {11WV. Imesomllfi0n a 1170e40C Wvcay euoFe-Cdilolnia C�Jon2s.7R1t j(pwaoft ty known to Ina O pMV d to me on the be" of 1804filetorY fuldenca to be the pom* whoa* 1`111IM j I r. eubeetf»d b the inttlumeen d adIA A"Id to tnp the same In erlthalr thorized gpacky and met by Orar Wr ■l9mak" "Inetannantthe Pon or Ma aMib boalf of whirl+ the par J�) noted, e:eouted the ftUUrtHM. MYNNESSSMMY haM and GMdBl sael. OP770MAL TllaphsrNAvmoonbaewknornsuwdbyMltanv!'Dm+wN.aeraFw �s4M0ona■doaaswra ■III eouN p■►w11 kwdiM Iaelolwl ■ W lass■ Mopw or ela km ID owNwr Jo■Iwwnr. DesotipNen of Athohed Doamwnt Title or Type or DOMMI 0k. Doc~ Der: Nw11b■r of Pages: si9nat(s) other Than Nomad Atlwe: - Capt1aMles) CWwad by Meer S "'e Nerve: a uwwcduel G colporab after — TWO O Panda—O),Ilnlled OOrwul O Affonley in Fact O Trunw Ouerdan or conoorvstor O 01tw. spar Is RWOOMPA5rlp: ~�-- tltlb /w M,.10 Miw1•D7aMV.G IgU.t1M r+.l.waar uw.rewwll�..l.eooalnr Ordar: all"A • 3iaseriptl0n- 2000.70d2 --Payer' 3' 09 V ' L2ii f—' 01/05/01 10:52 MARINERS ESCROW CIVIC PLR2A 4 96443008 7148354093 01/05/01^ 10:11 FAX 7146354093• _ _FATCO TITLE ■ LL7 'S5 G7 Z004/004 GOVERNMENT CODE 27361.7 I CERTIFY PALTY THAT THESEAL ON THE DOCUMENT TODER WH CH THIS STATEMENT SOATTACHED READS AS FOLLOWS: NAME OF NOTARY: LEILANI V. INES DATE COMMISSION EXPIRES: JANUARY 25, 2002 COUNTY WHERE BOND IS FILED: ORANGE COMMISSION NUMBER: 1170960 VENDOR NO, NNA1 PLACE OF EXECUTION: SANTA ANA, CALIFORNIA DATE: December 27, 2000 1141 FIRST AMERICAN TITLE IN RANCE COMPANY Osdor: ailawa • Daaoriyt:i=: 2000. 708239 —P=qr' Q'oT' y' C=Mwnt:: MARINERS ESCROW CIVIC PLAZA The City of Newport Beach Attn: Shirley Oborny City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 RE: 3700 Lake Avenue, Newport Beach, CA 92663 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone(949) 729.0199 Fax(949) 729.0190 Date : December 29, 2000 Escrow No.: 2-2351-MS We are pleased to inforni you that the above referenced escrow was closed on December 28, 2000 and we enclose the following for your records: In the amount of $35,000.00 representing your proceeds was wired per your instructions. Final HUD I and Closing Statement. Any recorded documents which you are entitled to will be forwarded to you directly from the County Recorder's office. We hope this transaction has been handled to your satisfaction, and that we may serve you again in the future. MARINERS ESCROW `.� CIVIC PLAZA Escrow No. 2-2351-MS Reference: 3700 Lake Avenue Newport Beach, CA 92663 Seller CLOSING STATEMENT SELLER: The City of Newport Beach City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 Consideration: Total Consideration Check Herewith Totals 4 Civic Plain, Suite 100 Newport Beach, California 92660 Phone (949) 729.0199 Fax (949) 729.0190 Closing Date: December 28, 2000 Page 1 - - DEBITS - - - - CREDITS - - II SAVE FOR INCOME TAX PURPOSES 35,000.00 35,000.00 35,000.00 $ 35,000.00 0 This is to certify that the interest in real property conveyed by the deed or grant dated December 26, 2000, from Bruce and Diana Simurda, individuals, to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the 28th day of December 2000, and the grantee consents to its being recorded by the duly authorized officer. HOMER BLUDAU, City Manager Dated: December 28, 2000 V r� 0 0 ®�' MARINERS ESCROW 4 Civic Plaza, Suite 100 0" Newport Beach, California 92660 CIVIC PLAZA Phone(949) 729.009 Pax (949) 729-0190 The City of Newport Beach Date : December 27, 2000 Attn: Shirley Oborny Escrow No. : 2-2351-MS City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 RE: 3700 Lake Avenue, Newport Beach, CA 92663 In connection with the above referenced escrow, we enclose the following: Amended preliminary title report. PLEASE CALL ME WITH YOUR APPROVAL OF THIS PRELIM ASAP AND WE WILL BE IN A POSITION TO CLOSE ESCROW. Please also sign one copy of the prelim as indicated 'READ AND APPROVED" and return same for my file. Please do not hesitate to call should you have any questions. Mariners Escrow Civic Plaza 4 Marilyn Sauter Escrow Officer jh 9 Oil-2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ Commitment For Title Insurance First.American Title Insurance Company Alm Plain ' rLanguage Commitment 0 OR-2014302 TITLE OFFICER -JOSEPHINE M. LOPEZ First American Title Insurance Company 2 First American Way, Santa Ana, California 92707 (P.O. Box 267, Santa Ana, California 92702) (714)800-3000 The Title insurance Commitment is a legal contract between you and the company. it is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and die Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY CONDITIONS SCHEDULEA 1. Commitment Date 2. Policies to be issued, Amounts and Proposed Insureds 3 Interest in the Land and Owner 4. Description of the Land SCHEDULE B•1 — Requirements SCHEDULE B•2 — Exceptions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing once. Page 1 2 3 3 3 3 r Alta Plain • Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY 0 OR-2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Dale shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months utter the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the policy. Our obligation under this Commitment is limited by the following: The Previsions in Schedule A. The Requirements in Schedule B-l. The Exceptions in Schedule B-2. The Conditions on Page 2. The Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company By ' .._._��/ PRESIDENT ATTEST � kll,� SECRETARY COUNTERSIGNED BY JOSEPHINE M. LOPEZ, TITLE OFFICER DIRECT TELEPHONE NUMBER-714-8004862 FAX NUMBER - 714.800-4956 PAGE �q� Iryf �yl4t \4�%�EdLE aq�J•.. � w 4pP ae x e o SEPTEMDER 24, ; y dam '. 1560 ........•' • yP ^lrlth Alta Plain ,Language Commitment CONDITIONS i OR-2014302 TITLE OFFICER- JOSEPHINE M. LOPEZ 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting die title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Secdon 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbr noes existing at Commitment Dale are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy mfered to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section l or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. PAGE Alta Plain 'Language Conuninnen[ RE: 2-2351-MS SCHEDULE A 1. COMMITMENT DATE: DECEMBER 14, 2000 AT 7:30 A.M. 2. POLICY OR POLICIES TO BE ISSUED: OWNERS POLICY: • OR-2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS (R9 ON COMMITMENT COVER) POLICY AMOUNT: PREMIUM AMOUNT: PROPOSED INSURED: BRUCE M SIIvIURDA AND DIANA SIMURDA. $35,000.00 $(TO BE DETERMINED) 3.(a) THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN TIES COMMITMENT IS: A FEE. 3. (b) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: .7 PAGE AIWPIain 0 OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST HALF OF LOTS 9 AND 10 IN BLOCK 137 OF RIVER SECTION, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID NORTHWEST HALF OF SAID LOT 9; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 9 NORTH 37013'30" WEST 37.00 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 9 NORTH 52046'30" EAST 6.07 FEET TO A LINE PARALLEL WITH AND 17.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF 38T" STREET, AS SAID CENTERLINE IS SHOWN ON RECORD OF SURVEY MAP NO. 88-1006 FILED IN BOOK 118, PAGE 39 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID LAST MENTIONED PARALLEL LINE BEING THE SOUTHERLY RIGHT OF WAY LINE OF 38TH STREET; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE AND RIGHT OF WAY LINE NORTH 86057'00" EAST 65.50 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY HALF OF SAID LOTS 9 AND 10 SOUTH 52046'30" WEST 60.00 FEET TO THE POINT OF BEGINNING. PAGE Alta Plain OR-2014302 ' Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON, YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAMEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". PAGES Alla Plain Language Conunlnnent SCHEDULE B - SECTION 1 REQUIREMENTS OR 2014302 TIME OFFICER - JOSEPHINE M. LOPEZ THE FOLLOWING REQUIREMENTS MUST BE MET: (A) PAY THE AGREED AMOUNTS FOR THE INTEREST IN THE LAND AND/OR THE MORTGAGE TO BE INSURED. (B) PAY US THE PREMIUMS, FEES AND CHARGES FOR THE POLICY. (C) DOCUMENTS SATISFACTORY TO US CREATING THE INTEREST IN THE LAND AND/OR THE MORTGAGE TO BE INSURED MUST BE SIGNED, DELIVERED AND RECORDED. ST (D) YOU MUST TELL US IN THE LAND OR WHO WILWRITING MTAKE A LOANN THE LAND. WE MAY THEN MAKE ADDITIONALONE NOT REFERRED TO IN TIES COMMITMENT REQUIREMENTS OR EXCEPTIONS IN (E) RELEASE(S) OR RECONVEYANCE(S) OF ITEM(S) . (F) OTHER- (G) YOU MUST GIVE US THE FOLLOWING INFORMATION: X 1. ANY OFF RECORD LEASES, SURVEYS, ETC. X 2. STATEMENT(S) OF IDENTITY, ALL PARTIES 7. OTHER — a PAGE6 Alto Plain .Language Commitment SCHEDULE B - SECTION 2 EXCEPTIONS 0Y2-2014302 TITLE OFFICER-JOSEPHINE M. LOPEZ ANY POLICY WE ISSUE WILL HAVE THE FOLLOWING EXCEPTIONS UNLESS THEY ARE TAKEN CARE OF TO OUR SATISFACTION. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS COMMITMENT. 1. TAXES, BONDS AND ASSESSMENTS NOT EXAMINED. TAX AND BOND REPORT TO FOLLOW. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK •151, PAGE 74 OF DEEDS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42 U.S.C. § 3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955. 4. AN UNRECORDED EASEMENT OVER A PORTION OF SAID LAND FOR PUBLIC ROAD PURPOSES (RE -ALIGNMENT OF THIRTY-EIGHTH STREET) AS DISCLOSED BY PHYSICAL INSPECTION. JW PLATS (CC&RS, IF ANY) ENCLOSED. PAGE Alta Plain 0 OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ NOTE: WIRING INSTRUCTIONS FOR SUB -ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST COMPANY ACCOUNT #15020 ABA #122241255 114 E. FIFTH STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA, CA 92701 TITLE COMPANY CREDIT TO FIRST AMERICAN TITLE COMPANY OR-2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT — CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS PAGE Alm Plaui • 'Language Commitment NOTICE OR-2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB -ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE -TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. «r ««r«r«rr«r« NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE 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 DE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 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 ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100.0DO). OR 2. 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 3. 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 ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE • .fi WATERWAY MC RIM ALTO p— LAKE RIVER ~ 41 1 _ op N Q h W ti 9LK. 9 FA? 12 / a /37 3 h 02403-4-9 •P S. NB-J9 h s ALL u L Ye 2 ♦n' I I 0 ' I11 OB 7 O6 SO SISd Lyle 19 `t91Y 21. n' 23' 23' MARCH /984 4 SALBOA —�—� 2 A —Q 3 $— 4 " 9 BLK. /Z /36 A I� I� �+ I a el u l Ib jQ e Q O sQ 363 THIRTY-EKi//TH 57RaT PARK O SATN/NB POOL I ,ti l 32 LAKE TRACT M. M 4 -I3 RIVER SECT/ON M. M 4 - 25 PARCEL MAP P. M. 5/ - 3 PARCEL MAP P.M. 243-49 37 423 -36 1� AVENUE y LAKE' . I P z O/o 3 O B BLK. 364' 7 O 3 O3 e 9 O ' 10 J A I I 9s• P 33 NOTE • ASSESSOR'S BLOCK d PARCEL NUMBERS SHOWN IN. CIRCLES /3 +s• ' 0 a /9 21 a � 20 /B 19 v /35 16 /9 I6 ZO IS 2i, l4 - PZ 13 PJ 12 RACTc� 93 BOULEVARD S �� IF-----] F T ASSESSOR'S MAP SOCK423PACE36 ,� COUNTY OF ORANGE Form No. 1069-2 (rev. 10/17/921 EXHIBIT A Exhibit A to Commitment LIST CANTED EXCEPTIONS AND EXCLUSIONS (By . icy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULEB EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing (lens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land, (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a nonce of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; M not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; to) resulting in no loss or damage to the insured claimant; (it) attaching or created subsequent to Date of Policy; or (a) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage or for the estate or interest Insured by this policy. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. g. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an insured hereunder; (a) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value (or the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not Insure against loss or damage by reason of the matters shown in pens one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. g. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AN AN LAND?ITLE ASSOCIATION LOAN POIR - 1970 H A.L.T.A. ENDORSEMENT FORM 1 COVE E SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enloyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects, hens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy or acquired the insured mortgage and not disclosed In writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the Insured 5aimenU (d) attaching or created subsequent to Data of Policy (except to the extent Insurance Is afforded herein as to any statutory lien for labor or material or to the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). 4. Unenforce ability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable 'doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the fallowing exceptions -to coverage appear In the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 5. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental' regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land, bg the character, dimensions or location of any Improvement now or hereafter erected on the land, IIII) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or IN) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. M Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation of alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business' laws of the state in which the land is situated. 5. Invalidity 'at unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. g. Any statutory lien for services, labor or materials (or the claim of priority of any statutory Ilan for services, labor or materials over the lien of the Insured mortgagel arising from an Improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the,indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (it) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Ili) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not Insure against loss or damage end Aloe Company will not pay costs, attorneys' fees or exposes) which arise by reason of: 1. Taxes or assessments which are not shown as existing (lens by the records of,any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. B. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a loan, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees at expenses which arise by reason of: 1. (a) Any low, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land, (Ili) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien nor encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. M Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: III the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (oil the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real�proparty or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, of right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears In the public records on the Policy Data • the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date . unless they appeared In the public records • that result In no loss to you • that first affect your title after the Policy Date . this does not limit the tabor and material Ilan coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to In Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Form No. 1491.EAGLE (10198) • Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 EXCLUSIONS In addition to the Exceptions In Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use it. Improvements on the land , e, land division I. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears In the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any pan of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears In the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a, a notice of exercising the right appears in the Public Records at the Policy Date;.or b, the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a, that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Data — this does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. In streets, alleys, or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 of 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this.policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (it the occupancy, use, or enjoyment of the Land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the Land; (III) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the Public Records.at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, lions, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (it) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under Insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (et resulting In loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabllity of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land Is situated. 5. Invalidity or unanfordeability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the insured Mortgage and is based upon: (a) usury, except as provided under Insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transact eating the Interest of the mortgage Insured by this poll r• reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) 'the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the instrument of transfer; or (i) of such recordation of Impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vistas shown in Schedule A Is no longer the owner of the estate or Interest covered by this policy. This exclusion does not limit the coverage provided under Insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all Interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or M The time a modification is made to the terms of the Insured Mortgage which changes the rate of Interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY — 1902 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part Ono: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or in acts authorizing the Issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. Environmental protection hens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. ®MARINERS ESCROW }�,'� 4 Civic Plaza, Suite 100 Newport Beach, California 92660 CIVIC PLAZA �, Phone (949)7290199 Pn (949)729.0190 SALE ESCROW INSTRUCTIONS TO: Mariners Escrow Civic Plaza Date: October 19, 2000 Escrow Officer: Marilyn Sauter Escrow Assistant: Deborah Johnson Escrow Number: 2-2351-MS MARINERS ESCROW CORPORATION, IS LICENSED BY THE STATE OF CALIFORNIA DEPARTMENT OF CORPORATIONS, LICENSE NO. 963-1009, BRANCH NO. (863 1181). Terms of Transaction I have Deposited into Escrow the sum of $ 5;000.00 I will Deposit, prior to close of escrow, the sum of $ 30,000.00 To Complete the Total Consideration of The title is presently vested in The City of Newport Beach, (hereinafter referred to as "Seller"). 35,000.00 Bruce M. Simurda and Diana Simurda, (hereinafter referred to as "Buyer") has handed Mariners Escrow Civic Plaza, (hereinafter referred to as "Escrow Holder") an initial deposit of $5,000.00 and, prior to the close of escrow, will deposit the balance of the cash down payment and any additional funds and instruments necessary to enable Escrow Holder to comply with these instructions, all of which Escrow Holder is instructed to use provided that on or before December 1, 2000, the closing date of escrow, Escrow Holder holds an Owners Policy of Title Insurance with the usual title company's exceptions, with a liability of not less than $35,000.00, covering property in the County of Orange, State of California, described as follows, The Northwest half of Lots 9 and 10 in Block 137 of River Section, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4, Page 25, of Miscellaneous Maps in the Office of the County Recorder of said County. COMMONLY KNOWN AS: 3700 Lake Avenue, Newport Beach, CA 92663 (NOT VERIFIED BY ESCROW HOLDER) SHOWING TITLE VESTED IN: Bruce M. Simurda and Diana Simurda, (complete vesting to be advised) SUBJECT TO: (1) General and Special County and City (if any) Taxes for the current fiscal year, not due or delinquent, including any special levies, payments for which are included therein and collected therewith. (2) Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Covenants, Conditions and Restrictions, reservations easements for public utilities, districts, water companies, alleys and streets, rights and rights of way of record, if any; also exceptions of oil, gas, minerals and hydrocarbons, and/or lease, if any, without the right of surface entry. ALL CASH TRANSACTION: This is an "All Cash" transaction and no financing will be secured on the subject property. Additionally, Escrow Holder is instructed to close this escrow without regard or concern about fire insurance or liability coverage, if applicable for the subject property. Buyer is to obtain their own insurance coverage outside of escrow and release Escrow Holder from any responsibility in connection therewith. ESCROW INSTRUCTIONS/VACANT LAND PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT: We, the undersigned hand you a copy of the Vacant Land Purchase Contract and Receipt for Deposit dated October 11, 2000 and Contract Supplement/Addendum. These escrow instructions have been taken from the Vacant Land Purchase Contract and Contract Supplement/Addendum, hereinafter referred to as the "Agreerllent". Except for these escrow instructions, escrow holder is expressly deemed to not have any knowledge, actual, constructive or otherwise, of the contents of same. Escrow Holder may retain a copy of the Agreement in their file strictly as an accommodation to the principals. However, the duties of the escrow holder are strictly and solely limited to the performance of the instructions set forth below. These instructions are Continued on Page 2 ApPffONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowierlgwent of the foregoing. Seller Initials: L41 Buyer Initials: Page 1 Wl�10D fhafIlvrs arled-G* WQvwdfo�ew al . inSi ud�bos back wm N16/Do 6SMn- 2A Mariners Escrow Civic Flaza Date: October 19, 2000 Escrow No.: 2-2351-MS Continued from Page 1 not intended to amend, modify, cancel or supersede the Vacant Land Purchase Contract and Receipt for Deposit and any Counters/Addenda thereto. INSTRUCTIONS TO ESCROW: The following paragraphs in the Agreement shall constitute instructions to escrow holder, and escrow holder shall have no duty nor liability with respect to all other provisions of said Agreement. In the event there is a conflict between these escrow instructions (or amendments hereto) and the Agreement, the terms of the Agreement shall control. 1. PARAGRAPH 1. FINANCING: 1.11 Buyer's Deposit: In the amount of $5,000.00 LD Balance of Downpayment: In the amount of $30,000.00 1.I Total Purchase Price: In the amount of $35,000.00 2. PARAGRAPH 2. ALLOCATION OF COSTS: CLOSING COSTS: A. Escrow holder is authorized and instructed to charge the account of Buyer with the County Transfer Tax. B. Escrow holder is authorized and instructed to charge the account of Buyer with the City Transfer Tax. D. Escrow holder is authorized and instructed to charge the account of Buyer with the Owner's title insurance policy. E. Escrow holder is authorized and instructed to charge the account of Buyer with the base escrow fee. OTHER COSTS: J. Escrow holder is authorized and instructed to charge the account of Buyer with the cost of reports identifying whether Property is located within a Geologic, Seismic, Flood Hazard Zone or State Fire Responsibility Area. K. Escrow holder is authorized and instructed to charge the account of Buyer with cost, if any, of identifying Property corners. 3. PARAGRAPH VESCROW: The close of escrow shall be on or before December 1, 2000. 4. PARAGRAPH 5/TITLE & VESTING: Escrow holder is authorized and instructed to open title with First American Title Company. 5. PARAGRAPH 61PRORATIONS: Escrow holder is authorized and instructed to prorate (1) Taxes, based upon the latest available tax figures furnished by the title company. 6. PARAGRAPH IS/TIME PERIODS; SATISFACTION/REMOVAL OF CONTINGENCIES;DISAPPROVAL/CANCELLATION RIGHTS: Buyer and Seller have elected the "Passive Method" for contigency removal. Escrow holder is to be concerned with (1) Preliminary Title Report contingency. 7. CONTRACT SUPPLEMENT/ADDENDUM: A. City to reserve and record an easement on the Northeasterly 6 feet of said Lot and on adjoining property located at 3711 Lake Avenue as depicted on attached drawing. See Exhibit "A" attached hereto and made a part hereof, titled "Grant of Street and Highway Easement". By signing these instructions Buyer and Seller hereby acknowledge they have received, read and approved a copy of said document and Escrowholder's only concern therewith shall be to record same on behalf of the parties hereto as an accommodation only, at the close of the above numbered escrow. B. It is agreed between the parties hereto that this transaction is subject to the approval of the City Council and is null and void without such approval. Buyer and Seller hereby agree to mutually sign written cancellation instructions in the event of a cancellation of this Escrow in the event the City Council does not approve the sale. C. This transaction is also subject to the processing and approval of a lot -line adjustment which would combine said Lot with the adjacent Lot at 3711 Lake Avenue. INSTRUCTIONS NOT INCLUDED IN THE AGREEMENT: 1. PRELIMINARY TITLE REPORT: The closing of this escrow is contingent upon Buyer's approval of an up-to-date Preliminary Title Report, issued by First American Title Company, within 5 calendar days of receipt of same by Buyer. Buyer to notify escrow holder pursuant to ttte "Passive Method" within the time limit specified herein, of Buyer's approval or Continued on Page 3 TONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My taitlats below represent nu, agreement and acknowledgatent of the foregoing. Seller Initials: Buyer Initials: _ _ Page 2 Mariners Escrow Civic Raza Dat•ctober 19, 2000 Escrow No.: 2-2351-MS Continued from Page 2 disapproval of the condition of title. 2. BUYER'S FINAL DEPOSIT: All conditions of this escrow will be deemed to be satisfied or waived by Buyer upon Buyer's deposit into escrow of sufficient funds to close this escrow, and Buyer's deposit of said funds shall be deemed Escrow Holder's unconditional authorization to proceed with closing this escrow. AS A MATTER OF MEMORANDUM ONLY: THE FOLLOWING IS ENTERED AS A MEMORANDUM ONLY, AT THE REQUEST OF THE PARTIES, WITH WHICH ESCROW HOLDER SHALL HAVE NO DUTY. A. NOTICE: 30-day notice to be given to present Lessees, Beulah Doyle and Beverly Borchers, by the City of Newport, a copy of which attached hereto and made a part hereof. EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS, GENERAL PROVISIONS AND INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF AND APPROVES, ACCEPTS AND AGREES TO BE BOUND THEREBY AS THROUGH SAID CONDITIONS, PROVISIONS AND INSTRUCTIONS APPEARED OVER THEIR SIGNATURES. The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. The undersigned hereby agrees to pay on demand, charges for drawing, recording and notarizing documents, charges of title company, if any, charges of lender institution, if any, and the Buyer's and/or Borrower's customary escrow fees, necessary to complete this escrow. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. Buyer's Signatures: Bruce M. Simurda Simurda The foregoing terms, provisions, conditions, and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. Seller's Signature: The City of Newport Beach, a Municipal Corporation By: i7 � - - END OF INSTRUCTIONS - - Page 3 EXHIBIT "A" • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Blvd. P.O.Box 1768 Newport Beach,Ca.92659-1768 Attn: Public Works Dept. GRANT OF STREET AND HIGHWAY EASEMENT Bruce and Diana Simurda owner(s) of certain real property situated in the City of Newport Beach, County of Orange, State of California, described as portions of Lot 9 and 10, Block 137 of the River Section Tract per map filed in Book, 4 Page(s) 25'of Miscellaneous Maps in the Office.of the County Recorder of said County, hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, an exclusive street and highway easement in, over, across and along said certain real property. Said easement is described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by this reference. SUBJECT TO easements and rights of way of record or apparent. Should Grantee, in exercising the rights hereinabove granted; disturb or damage the surface of the easement area, Grantee shall, at its own expense, return said surface to its original condition. Dated: C�c �'���' �� , 2000 EwEqufflaam 11. I EXHIBIT "A" That certain real property in the City of Newport Beach, County of Orange, State of California, described as follows: Commencing at the most southerly corner of Lot 9, Block 137 of the River section Tract filed in Book 4, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along the southwesterly line of said lot N 37°13'30" W 76.00 feet to the True Point of Beginning; thence continuing along said southwesterly line N 37013'30" W 11.00 feet; thence northwesterly along a line parallel with the southeasterly line of said Lot 9 N 52046130" E 6.07 feet to a line parallel with and 17.00 feet southerly, measured at right angles, from the centerline of 38s' Street as said centerline is shown on Record of Survey Map No. 88-1006 filed in Book 118, Page 39 of Record of Surveys, in the office of said County Recorder, said last mentioned parallel line being the southerly right of way line of 38 h Street; thence along said last mentioned parallel line and right of way line N 86057'00" E 65.50 feet to its intersection with the northeasterly line of Lot 10, Block 137 of said River Section Tract; thence along said northeasterly line S 37°13'30" E 7.24 feet to a line parallel with and 23.00 feet southerly, measured at right angles, from said centerline of 38"Street; thence along said parallel line S 86°57'00" W 58.65 feet; thence S 52°46'30" W 11.77 feet to the True Point of Beginning. N s sz^a 11.17, T. © EASEMENT HEREBY DEDICATED EXHIBIT "B" t/- 37 VICINITY MAP SECTI -O (butherly corner o of 9, 137, River Section Nct 37 _76 0 TRACT IYN •TsTt N• This is to certify that the interest in real property conveyed by the deed or grant dated October 11, 2000, from Bruce and Diana Simurda, individuals, to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the 11'' day of October 2000, and the grantee consents to its being recorded by the 11 duly authorized officer. HOMER BLUDAU, City Manager J Dated: �v o CITY OF NEWPORT BEACH ICI Fo FN; October 18, 2000 Ms. Beulah Doyle and Ms. Beverly Borchers P.O. Box 876 Three Rivers, CA 93271 RE: Termination of Lease Agreement for Lot at 38th and Lake Street Dear Ms. Doyle and Ms. Borchers: Please be advised that the City of Newport Beach is in the process of selling the above -mentioned lot which we lease to you for parking purposes. As per our lease agreement (Section 6), the City is required to give you "30 days' prior written notice." This letter shall serve as that notice. The 30-day period will commence on November 1, 2000, and terminate on December 1; 2000. If you have any questions please call Shirley Oborny at 644-3002. We have appreciated working with you these past years. Sincerely, DAVID A. KIFF Deputy City Manager City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884 GENERAL INSTRUCTIONS AND ADDITIONAL ESCRO•ONDITIONS t 1. You are Instructed to deposit all funds received by you with any state or national bank, state or federal savings bank, or'state or federal savings and loan association, in a trust account in the name of Escrow Holder, without any liability for payment of interest. The funds may be withdrawn by you and disbursed according to the instructions of the parties. All deposits made by personal check, cashier's check, certified check or deposit other than cash or wire transfer are subject to clearance and payment by financial Institution on which drawn. All disbursements are to be made by check of Escrow Holder from the trust account. Neither you nor any of your employees will Identify any payee or guarantee signatures of any person or entity at any financial institution. Funds deposited into escrow in the form of a check, draft, or similar instrument will be identified as collected funds when the escrow holder's financial institution confirms that the funds are available for disbursement. 2. Your duty is to act as Escrow Holder only, and does not continence and escrow shall not be deemed opened until mutual escrow instructions signed by all parties are received by you. However, release of Buyer's funds will require mutual signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. 3. All proration and adjustments are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing by all parties. For proration purposes, the Buyer will have ownership of the real property which is the subject of this escrow for the entire day, regardless of the hour of recording. The "close of escrow" with reference to proration, adjustments and all purposes in this escrow shall be the day the instruments of conveyance are recorded or filed with the county recorder. 4. Any funds disbursed during or on the close of escrow will be issued jointly to the parties designated as payees unless you are instructed otherwise in writing by all designated payees. The funds representing loan and/or sale proceeds will be disbursed jointly to all person who were the record owners of the real property which is the subject of the escrow. All disbursements of funds and/or delivery of other documents or instruments concerning this escrow will be mailed to the entitled parties by regular first-class mail, postage prepaid, at their respective addresses shown on file. However, at your discretion, you may send funds and/or other instruments or documents by certified or registered mail, Federal Express, messenger or facsimile machine, In which case the party for whom the delivery was made agrees to pay the costs. The provision of this paragraph include, but are not limited to, requests for demand statements, requests for beneficiary statements, requests for homeowners' association statements, or any other requests as you may deem necessary for the timely closing of dils escrow. You are to instruct the county recorder to mail recorded documents to the entitled parties at their respective addresses. You are to Instruct die title company to mail the title pollcy(s) to the Lender(s) or Buyer(s) as appropriate. S. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY CONTAINED IN THESE ESCROW INSTRUCTIONS OR SUPPLEMENTS OR AMENDMENTS, ESCROW HOLDER SHALL NOT BE RESPONSIBLEFOR THE SUFFICIENCY, VALIDITY OR CORRECTNESS OF ANY SIGNATURE OF ANY PRINCIPAL TO THIS ESCROW OR ANY THIRD PARTY TO THIS ESCROW, NOR FOR THE SUFFICIENCY OR CORRECTNESS AS TO FORM, MANNER OF EXECUTION OR VALIDITY OF ANY DOCUMENTS DEPOSITED IN THIS ESCROW, NOR AS TO THE IDENTITY, AUTHORITY, OR RIGHT OF ANY PERSONS EXECUTING THE SAME, EITHER AS TO DOCUMENTS OF RECORD OR THOSE HANDLED IN THIS ESCROW. SHOULD THE PARTIES DESIRE THAT YOU VERIFY THE SIGNATURES ON INSTRUCTIONS RECEIVED BY YOU, THE PARTY(IES) WITHOUT FURTHER INSTRUCTIONS AUTHORIZE THE PAYMENT OF ANY ESCROW FEE COMPUTED AT TWO TIMES YOUR REGULAR ESCROW FEE AND WILL DELIVER SEPARATE WRITTEN ESCROW INSTRUCTIONS SPECIFICALLY INSTRUCTING YOU TO DO SO. IF A LOAN ESCROW, BORROWER AGREES TO PAY CHARGES FOR TITLE POLICY, SPECIAL MESSENGERS, EXPEDITED MAIL, OFFSET STATEMENTS BENEFICIARY STATEMENTS AND/OR DEMANDS, PREPARATION OF, NOTARIZING AND RECORDING OF DOCUMENTS NECESSARY AND ON HIS BEHALF, AND ESCROW FEE AND OTHER COSTS AS CHARGED. 6. You shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in this escrow; (2) the identity, authority, or right of any person executing the same, either as to documents of record or dtose handled in this escrow; or (3) the failure of any parry to comply with any of the provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in these escrow Instructions. Your duties shall be limited to the safekeeping of money and documents received by you as Escrow Holder and for the disposition in compliance with the written instructions accepted by you in this escrow. You shall not be required to take any action regarding the collections, maturity, or apparent outlaw of any obligations deposited with you unless otherwise instructed in writing. 7. Where the assignment of any insurance policy from Seller to Buyer is concerned, Seller guarantees to you any insurance policy handed you in this escrowAs a policy in force, the policy has not been hypothecated and that all necessary premiums have been paid. You are authorized to execute on behalf of the parties assignments of Interest In any insurance policy (other than tide insurance policies) called for in this escrow. You are authorized to transmit for assignment any insurance policy to the insurance agent requesting that the insurer consent to such assignment, to request that a loss payee clause or such other endorsements as may be required be issued and to forward such policy to the Lender(s) and entitled party(ies). You shall not be responsible for verifying die acceptance of die request for assignment and policy of Insurance by the insurance company. The parties mumally agree that you will make no attempt to verify die receipt of the request for assignment by the issuing insurance company. All parties are placed on notice that if the insurance company should fail to receive the assignment, the Issuing company may deny coverage for any loss suffered by Buyer. IT IS THE OBLIGATION OF THE INSURED OR THE INSURED'S REPRESENTATIVE TO VERIFY THE ISSUING COMPANY'S ACCEPTANCE OF THE ASSIGNMENT OF THE POLICY. If fire Insurance Is provided through the Homeowners' Association, Escrow Holder is to assign the existing fire insurance coverage and charge the Buyer the cost of issuance of Certificate of Insurance, if any. Buyer understands that fire coverage provided through the Homeowners' Association Is for die structure only, and Buyers are advised to contact their own agent for further coverage. S. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any former or present owner of the subject property described In these escrow instructions, nor for the corporation or license tax of any corporation as a former or present owner. 9. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, handed you under these escrow instructions with any duly authorized sub -escrow agent, including, but not limited to, any bank, trust company, tide insurance company, title company, savings and loan association, or licensed escrow agent, subject to your order at or before close of escrow in connection with closing dtis escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 10. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any law regulating land division, zoning ordinances or building restrictions which rpay affect the land or improvements that are die subject of this escrow. You, as Escrow Holder, are relieved of all responsibility and liability in connection with such laws, ordinances, restriction or regulations and are not to be concerned with any of their enforcement. 11. If any form of Purchase Agreement or amendment or supplement (collectively "Purchase Agreement") is deposited in this escrow, it is understood that such ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My lnidals below represent ray agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: _ Page 1 document shall be effective only as between the parties signing the Purchase Agreement. You, as escrow hold re not to be concerned with the terms of any Purchase Agreement and are relieved of all reapon and liability for the enforcement of its terms. Your Duty Is to comply with the instructions set forth In ire escrow instructions You are not responsh le for interpreting or acting on any provision of any Purchase Agreement on which these escrow Instructions may be based and you shall not rely on any knowledge or understanding you may have of any such Purchase Agreement in ascertaining or performing your duties as escrow holder. In connection with any loan transaction, you are authorized to deliver a copy of any Purchase Agreement, supplement or amendment and a copy of all escrow instructions, supplements or amendments to the Lender. 12. You are not to be concerned with the giving of any disclosures required by federal or state law, including, but not limited to, Real Estate Settlement Procedures Act, Regulation Z - Truth -In -Lending, condition of the subject property or other warnings, or any other warranties, express or implied. 13. You are authorized to deliver copies of all escrow instructions, supplements and amendments, estimated and final closing statements, preliminary title reports, and notices of cancellation, if any, to the real estate broker(s), real estate sales agent(s), Lender(s), Lender's agent(s) and/or auomey(s) for the parties, upon the parties' oral or written request. You shall not incur any liability to the parties for delivery of the copies. 14. You shall make no physical inspection of the real property or personal property described In any instrument deposited in or which is die subject of this escrow. You have made no representations or warranties concerning any such real property or personal property and are not to be concerned with nor liable for the condition of -real property or personal property. 15. The parties authorize the recordation of any Instrument delivered through this escrow if necessary or proper for the issuance of the required policy of title Insurance or for the closing of this escrow. Funds, instructions or instruments received in this escrow may be delivered to, or deposited with any title Insurance company or title company to comply with the terms and conditions of this escrow. 16. You are authorized to deduct from Seller's net proceeds or Buyer's net proceeds any amount which either Seller or Buyer may owe you in any other matter or transaction. You are authorized to charge, and the parties agree to pay additional escrow fees for extraordinary services not within die range of customary escrow processing, including, but not limited to, the verification of signatories to escrow instructions. 17. You are to use your usual document forms or the usual forms of any title insurance company or title company and in our instructions insert dates and terms on die instruments if Incomplete when executed. 18. If the date by which Buyer's or Seller's performances are due shall be other than your regular business day, such performances shall be due on your next succeeding business day. 19. You shall conduct no lien or title search of personal property regarding die sale.or gansfer of any personal property through this escrow. Should die party(ies) desire that you conduct a lien or title search of personal property, the party(ies) requesting the same shall deliver separate and specific written escrow instructions to you along with an agreement to pay your additional escrow fees. 20. You shall not be responsible in any way whatsoever nor are you to be concerned with any question of usury in any loan or encumbrance, whether new or of record, which may arise during the processing of this escrow. 21. The parties agree to deliver to you all documents, instruments, escrow instructions and funds required to process and close this escrow in accordance with its terms. 22. You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by die parties. You are not responsible for die contents or accuracy of any beneficiary demands and/or beneficiary statements delivered to you by the existing lienholders. You are not required to submit any such beneficiary statement and/or beneficiary demand to the parties for approval before the close of escrow unless expressly instructed to do so in writing. Should the party(ies) desire to pre -approve any such beneficiary statement and/or benefhciarydemand, die party(ies) requesting the same shall deliver separate and specific written escrow instructions to you. 23. You are not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any loan documents obtained by any parry in connection with this escrow except to order such loan documents into the escrow file, transmit the loan documents to the Buyer for execution and transmit the executed loan documents to the Lender. The parties understand and agree that you are not involved nor concerned with the approval and/or processing of any loan or the contents and effect of loan documents prepared by a Lender. 24. The parties expressly indemnify and hold you harmless against third -party claims for any fees, costs or expenses where you have acted in good faith, with reasonable care and prudence and/or in compliance with these escrow instructions. 25. The parties agree that you have the responsibilities of any escrow holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection with this escrow: (1) you shall have no duty or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2) you shall have no responsibility or duty to disclose any benefit, Including, but not limited to financial gain, realized by any person, firm or corporation involving any of the subject real property or personal property; and (3) you shall have no responsibility or duty to disclose any profit realized by any person, firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escrow, In connection therewith, although such other transaction may be handled by you in this escrow or in another escrow transaction. If, however, you are Instructed in writing by any parry, Lender or other entitled person to disclose any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person, firm or corporation to any party to this escrow, you shall do so without incurring any liability to any party. You shall not be liable for any of your acts or omissions done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 26. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may be entitled, the parties, jointly and severally, agree that if this escrow is not consummated within ninety (90) days of the date set for closing, you are instructed to, and without further Instructions, withhold your escrow hold -open fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties, jointly and severally, further agree that if you are, for any reason, required to hold funds after close of escrow, you are instructed to, and without further Instructions shall, withhold a hold -open fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties irrevocably Instruct you to automatically cancel this escrow file without further instructions when all funds on deposit have been disbursed. 27. Your Escrow Holder agency shall terminate six (6) months following the date last set for close of escrow and shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow was not closed or canceled within the described six (6) month period, you shall have no further obligations as Escrow Holder except to disburse funds and documents pursuant to written escrow instructions and to interplead or otherwise dispose of funds and documents In accordance with a validly issued and validly served order from a court of competent jurisdiction. If the conditions of this escrow have not been complied with at the expiration date in these escrow instructions, you are instructed to complete the conditions at the earliest possible date, unless Buyer or Seller have made written demand upon you for the return of the funds and/or instruments deposited by Buyer or Seller and/or for cancellation of this escrow. Should demands be made upon you, you may withhold and stop all further proceedings in this escrow without liability for interest on funds held or for damages until mumal cancellation instructions signed by all parties shall have been deposited with you. The parties, jointly and severally, agree that if this escrow cancels or Is otherwise terminated and not closed, the parties shall pay for any costs and expenses which you have incurred or have become obligated for under these escrow instructions, including, but not limited to, attorneys' fees, arbitration fees and costs and reasonable escrow fees for the services rendered by you. The ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My ImBals below represent illy agreement and acknowledgment of the foregoing. Seller Initials Buyer Initials: — — Page 2 parties agree that such costs and expenses shall be paid and deposited in escrow before any cancellation or oche urination of this escrow is effective. The parties agree that said charges for expenses, costs es may be apportioned between Buyer and Seller in a er which, in your sole discretion, you consider equitable, and that your decision will be bin ling and conclusive upon the parties. Upon receipt of mutual cancellation instructions or a final order or judgment of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments, yoware Instructed to disburse the escrow funds and instruments in accordance with such cancellation instructions, order or judgment and accompanying writ and this escrow shall, without further notice, be considered terminated and canceled. 28. The parties shall cooperate with you in carrying out the escrow instructions they deposit with you and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items that are reasonably necessary to enable you to comply with demands made on you by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. If conflicting demands or notices are made or served upon you or any controversy arises between die parties or with any third person arising out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and in performance of, this escrow until you receive written notification satisfactory to you of the settlement of the controversy by written agreement of the parties, or by the final order ofjudgment of a court of competent jurisdiction. All of the parties to this escrow, jointly and severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all administrative governmental investigation, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees, arbitration costs and fees, expenses, obligations and liabilities of every kind (collectively "costs") which in good faith you may incur or suffer in connection with or arising out of this escrow, whether said costs arise during the performance of or subsequent to this escrow, directly or indirectly, and whether at trial, on appeal, In administrative action, or in an arbitration. You are given a lien upon all the rights, titles and Interest of the patties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attorneys' fees incurred in any litigation, administrative action and/or arbitration, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial, on appeal or in arbitration. 29. ALL NOTICES, DEMANDS AND INSTRUCTIONS MUST BE IN WRITING. No notice, demand, instruction, amendment, supplement or modification of these escrow Instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. AS SET FORTH ABOVE, YOU HAVE NO DUTY TO AND SHALL NOT VERIFY THE SIGNATURES OF ANY PARTIES OR NON-PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported oral Instruction, amendment, supplement, modification, notice or demand deposited with you by the parties or either of them shall be ineffective and invalid. You are to be concerned only with the directives expressly set forth in the escrow instructions, supplements and amendments thereto, and are not to be concerned with nor liable for Items designated as "memorandum Items" in the escrow instructions. 30. These escrow Instructions may be executed in counterparts, each of which shall be deemed an original regardless of the date of its execution and delivery. All such counterparts together shall constitute the same document. 31. If any check submitted to you Is dishonored upon presentment for payment, you are authorized to notify all parties to the within escrow, their respective real estate broker(s) and real estate agent(s) and any other person or entity you deem in your sole discretion necessary to notify. 32. You are authorized to accept oral instructions from the parties' real estate broker(s), real estate agent(s), Lender(s) or Lender's agent(s) concerning the preparation of escrow Instructions, amendments or supplements. However, you are not to act upon any instruction so delivered until you have received the same in writing signed by all parties to this escrow. 33. In these escrow Instructions, wherever the context so requires, the masculine gender includes the feminine and/or neuter and the singular number includes the plural. 34. The parties acknowledge and understand that you, as escrow holder, are not authorized to practice the law nor do you give financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences, financial effects or tax consequences of the within escrow transaction. 35. You are authorized to destroy or otherwise dispose of any and all documents, papers, escrow instructions, correspondence and records or other material constituting or pertaining to this escrow at any time after five (5) years from the date of: (1) the close of escrow; (2) the date of cancellation; or (3) the date of the last activity without liability and without further notice to the parties. 36. The parties agree to release you from any and all liability of any kind or nature and to indemnify you from any loss, damages, claims, judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur In the future which release or discharge is in violation of law, in excess of any state and/or federal standards, permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The patties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 37. All patties to this transaction instruct escrow holder to accept signatures forwarded herein via facsimile (faxed signatures) to close escrow, with the original thereof signed to be forwarded to Escrow Holder directly upon such faxing. WE THE UNDERSIGNED WILL FORWARD THE ORIGINAL SIGNATURES VIA REGULAR MAIL, acknowledging the Corporate Commissioner of the State of California requests original signatures on all files. 39. The parties signatures on all escrow instructions and instruments pertaining to the within escrow indicates their unconditional acceptance and approval of same and you are entitled to rely on the parties execution. 39. Prior to the close of escrow, Grantee shall cause to be handed to Escrow Holder a fully completed and executed "Preliminary Change of Ownership Report" pursuant to the requirements and In accordance with Section 480.3 of the Revenue and Taxation Code, State of California. If Grantee so chooses, Grantee may elect not to complete and execute said form prior to the close of escrow. In such event Grantee is aware that a $20.00 charge will be assessed by the County Recorder's Office and Escrow Holder will charge the account of Grantee accordingly. Said form will then be nin led directly to die Grantee after closing by die Assessor's Office for completion outside of escrow. Escrow Holder's sole duty shall be the delivery of said form to die County Recorder at the time of recordation of transfer documents, " 40. Buyer and Seller are aware that Mariners Escrow Civic Plaza may incur certain expenses during the course of processing this escrow which may be paid prior to the close of escrow. Such costs may include, but are not limited to, courier fees, overnight mail service, Homeowner's Association documents/transfer fees and City Building Reports, if applicable. Escrow Holder is authorized and instructed to release funds for payment of such costs, prior to the close of escrow, from funds deposited into escrow by Buyer. In the event Escrow Holder advances funds for certain costs described above, Escrow Holder is authorized to reimburse Escrow Holder's general account upon receipt of these signed escrow instructions from both Buyer and Seller. At close of escrow, Escrow Holder is authorized to charge the appropriate party for costs Incurred, and is released from any and all liability in connection with complying with this instruction. 41. Buyer is aware that the property will be reassessed upon change of ownership and that a supplemental tax bill will be received which may reflect an increase or decrease In property taxes based on property value. Tax bills received after close of escrow will be handled directly between Buyer and Seller, outside of this escrow. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent nay agreement and acknowledgment of the foregoing, Seller Initials: L Buyer Initials: L /J/ Page 3 Mariners Escrow Civic Dim page 4 Dattober 19, 2000 Escr o.:2-2351-MS 42. All conditions of this escrow will be deemed to be satisfied or waived by Buyer upon Buyer's deposit into escrow of sufficient funds to close this escrow, and Buyer's deposit of said funds shall be deemed Escrow Holder's unconditional authorization to proceed with closing this escrow. We jointly and severally, acknowledge receipt of a complete copy of the within escrow instructions and by our signatures set forth below, acknowledge that we have read, understood and agreed to the same in their entirety. BUYER(S): Bruce M. Simurda Diana Simurda SELLER(S): The City of Newport Beach, a Municipal Borg on Y ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of ilia foregoing. Seller Initials: 27� Buyer Initials: _ • MARINERS ESCROW CIVIC PLAZA 11 4 Civic Plaza, Suite 100 Newport Beach, Califomia 92660 Phone (949) 729-0199 Fax (949) 729.0190 CAL-FIRPTA NOTICE AND DISCLOSURE Property: 3700 Lake Avenue, Newport Beach, CA 92663 Escrow No.: 2-2351-MS In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a Buyer may be required to withhold an amount equal to 3 1/3% 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 authorized the proceeds to be sent to a financial intermediary of the Seller, OR, 2. A Seller is a Corporation, 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 Percent (10%) of the amount required to be withheld or Five Hundred Dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no Buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The Total Consideration of subject property is $100,000.00 or less, OR 2. 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 3. 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 undersigned parties acknowledge that the Escrow Holder is required to provide to Buyer(s) written notification of California withholding requirements. This notification instructs Buyer(s) to withhold 3 1/3 % of the Total Consideration of the California real property herein, when CAL-FIRPTA is applicable. The Buyer(s) acknowledge that is his responsibility to instruct the Escrow Holder to withhold 3 1/3% of the Total Consideration from the Seller(s) proceeds when CAL FIRPTA is applicable. The Seller(s) acknowledge that if all of the above conditions are met, the Seller(s) may apply for a Withholding Certificate to waive all or a portion of the withhold requirement. The Seller(s) can apply for the Withholding Certificate at the address provided below. If the Withholding Certificate to waive has been received prior to the close of escrow, the withhold amount will be waived at the close of escrow. FRANCHISE TAX BOARD - WITHHOLDING AT SOURCE UNIT P.O. BOX 651, SACRAMENTO, CA 95812-0651 (916) 845-4900 FAX (916) 845-4831 If the Withholding Certificate has not been received prior to the close of escrow, the parties shall sign an instruction to escrow to withhold proceeds pending the Seller's receipt of the Certificate. The funds will be held by Escrow Holder for a period of not more than 45 days after the close of escrow. If the Withholding Certificate has not been received within the 45 day time limit, the withhold amount shall be forwarded to the State of California. If the Withholding Certificate is received either prior to the close of escrow or prior to the expiration of the 45 day holding period, the withhold amount shall be disbursed pursuant to the direction of the Withholding Certificate. If the Certificate waives the whole withhold amount, the Seller will receive the complete withhold amount; if the Certificate waives a portion of the withhold, the Seller will receive a portion of the amount and that portion required by the State will be forwarded to the State of California. In any event, if all of the above withhold conditions are met and instructions are received from the Buyer to withhold, this escrow will not close unless the instructions to withhold is signed by both Buyer and Seller or a Withholding Certificate waiving the Withhold has been delivered to the Escrow Holder by the Seller prior to the close of escrow. The City of Newport Beach, a Municipal Corporatio By: F Bruce M. Simurda Diana Simurda By: MARINERS ESCROW CIVIC PLAZA ESCROW NUMBER 2-2351-MS * * *IMPORTANT NOTICE* * * To avoid any delays at close of escrow, please be advised of the following: 1. CLOSING FUNDS: Escrow will contact Buyer regarding the balance of funds needed, representing balance of down payment and closing costs. 4 Civic Plan, suite 10o Newport Beach, California 92660 Plione (949) 729-0199 Fax (949) 729.0190 DATE: October 24, 2000 If funds needed to close are LESS THAN $100,000.00, Buyer may deposit funds in the form of a CASHIER'S CHECK, drawn on a California Bank or a WIRE TRANSFER. If funds needed to close are $100,000.00 or GREATER, Buyer must deposit funds via WIRE TRANSFE, R. WIRE TRANSFER INSTRUCTIONS: First Security Bank, Newport Beach Branch Account No. 016305073 Civic Plaza Branch Fed Routing No. 122237683 Account of Mariners Escrow Civic Plaza REF: Escrow No. 2-2351-MS CASHIER'S CHECK: Payable to Mariners Escrow Civic Plaza. All other forms of funds such as drafts, escrow checks, money orders, association checks, bank/teller checks, money market checks and non -local checks must be deposited in escrow in time to clear the account on which they are drawn, which may take up to 7-10 working days from date of deposit. 2. WIRE TRANSFER OF SELLER'S NET PROCEEDS: Seller hereby acknowledges that in the event escrow holder is instructed, in writing, to wire. transfer net proceeds at the close of escrow, funds may not be received by Seller's bank until the business day following the close of escrow. Seller acknowledges that funds will not be wire transferred until escrow holder is in receipt -of all funds from the title company after the close of escrow. Seller acknowledges that if the close of escrow occurs in the afternoon, "special recording", funds will not be received by escrow until the following day, Therefore, funds may not be wired out until the business day following receipt of funds from the title company. 3. NOTARY: If there are any documents requiring a Notary Public acknowledgement/jurat at any time during this escrow, parties will be required to have VALID IDENTIFICATION. Acceptable identification is limited to a driver's license, military I,D., passport or State I.D. with photo. Name on I.D. must.match name as shown on the document(s) to be notarized. 4. NON-ENGLISH SPEAKING BUYER: Any Buyer who is unable to read, write and speak the English language will be required to have a translator accompany him/her when signing loan documents at escrow. The translator must be of legal age and have the same form of identification as used by a Notary Public for identification. RECEIPT OF A COPY OF THIS NOTICE IS HEREBY ACKNOWLEDGED BY THE UNDERSIGNED. BUYER(S): SELLER(S): Bruce M. Simurda Diana Simurda The City of Newport Beach, a Municipal Corporation / By; �c✓,4. �i ESCROW NO. 2.2351-MS SJATEMENT OF INFORMATIIf TITLE NO. 2014302 MY FULL NAME First Name Full Middle Name - if none,indhcate Last Name If married, complete the following: Full Name of Wife/Husband First Name We were married on Date Wife's Maiden My Social Security Number Driver's License N numoer ana street City I have lived continuously in the U.S.A. since Full Middle Name - if none, indicate SHE/HE has lived continuously in the Number and Street City _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Husband's Firm Name Firm Name Wife's Firm Name City and State Year Year of Social Security Number Last Name fiver's License N ---------------------- PAST 10 YEARS (Date) TO (Date) r FROM (Date) TO (Date) IS DURING PAST 10 YEARS Location Location Location - - - -Firm Name- - -/ _ _ - - _-Locallon- - - - - - - - - - - - - - - - - - - - - - - - - - - ANY FORMER MARRIAGE OR MARRIAGE(S), IF ANY If no former marriages, write Name of former wife Deceased [ ] Avorced [ ] Name Otherwise, please complete die following: Deceased [ Divorced [ ] When Where � Jt, � 0 D D _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date )� " The Street Address of die property in this transaction is p (Indicate Street, Avenue or D9.yy,,,,yZ. Home Phone / �9 �y� 30 d Signature Business Phone 7 f Signature (If married, both Husband and Wife should sign) PURPOSE OF THIS FORM It is necessary to fill out this form completely, as the information contained herein will assist us to process your escrow more accurately and avoid timely delays. The growing population of California has greatly affected the processing of real estate transactions, in that there are many people with names that are the same or similar to your own. When the title company searches the tide of the property in this escrow, they want to make sure that they there are no judgements, bankruptcies, Income tax liens or any other situation that may effect you or the property. The information on this form allows them to reject all matters that do not effect you. (A a MARINERS ESCROW CIVIC PLAZA 4 Civic Plaza, Suitc too Newport Beach, California 92660 Phone (949) 729.0199 Fax (949) 729-0190 Date : October 24, 2000 Escrow No.: 2-2351-MS NOTICE TO ALL BUYERS AND SELLERS OF REAL ESTATE The Foreign Investment in Real Property Tax Act (FIRPTA) FOR YOUR INFORMATION..... BUYER'S RESPONSIBILITY TO WITHHOLD - Effective January 1, 1985, Internal Revenue Code 1445 requires all buyers who purchase real property in the United States frdm foreign sellers to withhold ten percent (10%) of the purchase price from the -sale proceeds and to pay that amount to the Internal Revenue Service (IRS) within ten (10) days of the date 'the escrow closes unless an exemption from withholding applies. IF THE BUYER FAILS TO WITHHOLD AND PAY TO THE IRS THE CORRECT AMOUNT OF TAX ON A NON-EXEMPT SALE, THE BUYER WILL BE LIABLE TO THE INTERNAL REVENUE SERVICE FOR THE AMOUNT OF THE TAX OWED. WHO IS A FOREIGN SELLER? - In general, a foreign person is a non-resident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate, but not a resident alien individual. EXEMPTION CERTIFICATES: BUYER - The Internal Revenue Service has adopted temporary regulations which provide that a buyer will not be liable to the Internal Revenue Service for the tax owed if he obtains from the seller in duplicate a certificate of affidavit under ,penalties of perjury stating the seller's United States taxpayer identification number or social security number and that the seller is not a foreign person,unless the buyer has knowledge that the affidavit is false. These regulations also provide that the buyer must retain this affidavit until the end of the fifth taxable year following the taxable year in which the sale takes place and to make the affidavit available to the IRS when requested. FOREIGN SELLERS - Foreign sellers should consult with an attorney familiar with FIRPTA before entering into any negotiations or contracts for the sale of their property. If you act promptly, you may be able to have the IRS: (1) determine your maximum tax liability; (2) reduce the amount which the buyer must withhold; (3) issue a withholding certificate; (4) make an early refund of the amount withheld; (5) establish that not gain is recognized under pertinent provisions of the Internal Revenue Code. NO WITHHOLDING REQUIRED IF: 1. The buyer is purchasing the property for his use as a residence and the amount paid for the property is $300,000.00 or less; 2. Either buyer or seller obtains a "withholding certificate" from the Internal Revenue Service that: (1) the seller is exempt from paying taxes on the gain; (2) the seller has agreed, with the IRS to pay the tax owed, or (3) the IRS has agreed to reduce the amount of withholding required to the amount stated in the certificate; 3. Gain on the sale is not recognized under certain provisions of the Internal Revenue Code. BUYERS AND SELLERS ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY ON THE QUESTION OF WHETHER ANY GAIN IS RECOGNIZED UNDER THE PROVISIONS OF THE INTERNAL REVENUE CODE AND AS TO THE PROCEDURE THAT MUST BE FOLLOWED IF THE BUYER DOES NOT WITHHOLD BASED ON THE FACT THAT NO GAIN IS RECOGNIZED. Neither NO BROKERS/AGENTS! or nor it's agents are qualified to determine the rights and obligations of any particular individual under the Foreign Investment in Real Property Tax Act. If you have any questions regarding the applications of FIRPTA, your obligations under the act or whether you are a foreign person as defined in the act, please seek the advice of an attorney. Receipt of a copy of this Notice is hereby acknowledged. Date: lstr.Lc� D O O The City of Newport Beach, a Municipal on Corpo By: I`��� Bruce M. Simurda Diana Simurda I/ A& • • ®� MARINERS ESCROW CIVIC PLAZA 4 Civic Pima, Suite 100 Newport Beach, California 92660 Phone(949) 729.0199 Pax(949)729-0190 TO: Mariners Escrow Civic Plaza Date : October 24, 2000 Escrow No. : 2-2351-MS SELLER'S AFFIDAVIT OF NONFOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee/buyer of a U.S. real property interest must withhold tax if the transferor/seller is a foreign person. To inform the transferee/buyer that withholding of tax is not required upon the disposition of a U.S. real property interest. Property located at: 3700 Lake Avenue, Newport Beach, CA 92663 by The City of Newport Beach. I hereby certify to the following (if an entity transferor, on behalf of the transferor): INDIVIDUAL TRANSFEROR(S): 1. I am not a nonresident alien for purposes of U.S. income taxation; 2. My U.S. taxpayer identification number (Social Security number) is: 3. My home address is 69— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — CORPOORATION, P^ArRTNERSHIP, TRUST OR ESTATE TRANSFEROR(S): l 1. I+V D+ New)y+BeAGk I ameoftransferor) is not a forbign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); U.S. empl yer is 3. office addr ss is number of transferor) and; of transferor) The City of Newport Beach (name of transferor) understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statements I have made here (or, for entity transferor, contained herein) could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete (and, for entity transferor, I further declare that I have authority to sign this document on behalf of The Citv of Newnor��t Beach (name (''name of transferor). Date: �yTsr�wr�✓ I f ZD `� ��� NOTICE TO TRANSFEROR/SELLER AND TRANSFEREE/BUYER: An affidavit should be signed by each individual or entity transferor to whom or which it applies. Before you sign, any questions relating to the legal sufficiency of this form, or to whether it applies to a particular transaction or to the definition of any of the terms used, should be referred to a certified public accountant, attorney, or other professional tax advisor, or to the Internal Revenue Service. MARINERS ESCROW CIVIC PLAZA 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949)729.0199 Pax(949)729.0190 DISBURSEMENT OF SELLER'S NET PROCEEDS Escrow holder is authorized and instructed to disburse net proceeds due the undersigned Sellers as follows: (Please check one of the following) Escrow Trust Account Check, payable Wire Transfer to: ADDRESS OF BANK 7� IIG/ ABA/ROUTING NO. ^1 r/(� .� 0/ — U III �D - l0 ACCOUNTNO. O�Jr V'IVlB�`) ACCOUNT OF SELLER HEREBYACXNOWLEDGES THAT IN THE EVENT ESCROW HOLDER IS INSTRUCTED TO WIRE TRANSFER NET PROCEEDS AT THE CLOSE OF ESCROW, FUNDS MAY NOT BE RECEIVED BY SELLER'S BANK UNTIL THE BUSINESS DAY FOLLOWING THE CLOSE OF ESCROW. SELLER ACKNOWLEDGES THAT FUNDS WILL NOT BE WIRE TRANSFERRED UNTIL ESCROW HOLDER IS IN RECEIPT OF ALL FUNDS FROM THE TITLE COMPANYAFTER THE CLOSE OF ESCROW. SELLER ACKNOWLEDGES THAT IF THE CLOSE OF ESCROW OCCURS IN THE AFTERNOON, "SPECIAL RECORDING", FUNDS WILL NOT BE RECEIVED BY ESCROW UNTIL THE FOLLOWING DAY. THEREFORE, FUNDS MAY NOT BE WIRED OUT UNTIL THE BUSINESS DAY FOLLOWING RECEIPT OF FUNDS FROM THE TITLE COMPANY. Escrow holder is instructed to deliver Seller's closing package as follows: (Please check one of the following) Mail Closing Package to: Deliver Closing Package Overnight Closing Package mu. SELLER(S): The City of Newport Beach, a Municipal Corpo ion By: ?��, `® MARINERS ESCROW 4 Civic pine, Suite 100 `� CIVIC PLAZA Newport Beach, CaliFomia92660 Phone (949) 729.0199 Fax (949) 729-0190 RE: Escrow No.: 2-2351-MS Date Officer Property: 3700 Lake Avenue, Newport Beach, CA 92663 INFORMATION REQUEST October 24, 2000 Marilyn Sauter In order for us to obtain statements of account from your existing lender(s) or homeowner's association, please provide us with the following information on your accounts. We must have accurate and complete information on your accounts, as some take up to 30 days to return our request. Please fill out and return this form as soon as possible. Federal Regulation 545-132D requires authorization in writing from you before a lender can release any payoff information to an escrow holder. A delay in returning this signed and completed form could delay the close of this escrow. FIRST TRUST DEED Lender Name Address Loan Number SECOND TRUST DEED Lender Name Address Loan Number ATTACH A SEPARATE PAGE FOR ADDITIONAL LOANS/LIENS. HOMEOWNER'S Association Name Management Co. Address Account Number Under penalty of perjury, Seller warrants that the above described liens are the only liens affecting subject property. Our signatures below are to be considered instructions for obtaining statements; to comply with the instructions of the above named companies; and our authorization to pay from funds due us at the close of escrow said companies' fees, including, but not limited to: Statement Fees, Transfer Fees, Late Fees, Prepayment Penalties, Impound Account Shortages without our further approval. This is also a FREEZE AUTHORIZATION LETTER if one of the aforementioned payoffs require said letter. Seller's forwarding address: The City of Newport Beach, a Municipal Corpor n / By: .t . By:_ MARINERS ESCROW CIVIC PLAZA The City of Newport Beach Attn: Shirley Obomy City Hall * 3300 Newport Blvd. Newport -Beach, CA 92663-3884 Property: 3700 Lake Avenue, Newport Beach, CA 92663 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949)729.6199 Fax (949)729-0I90 Escrow No.: 2-2351-MS Date: October 24, 2000 * * * SELLER'S CERTIFICATION FOR REAL ESTATE REPORTING REQUIREMENTS * * * In connection with the above numbered escrow that has been opened with us, we request the following tax information be completed and returned to this office prior to the close of escrow. This information is required by the Internal Revenue Service under the 1986 Tax Reform Act. Any failure to complete this form fully and promptly return to escrow may result in delaying the close of your escrow. :F1Z IN NUMBER IN ITEM 113 BELOW IF A SOCIAL SECURITY NUMBER IS USED WE WILL HAVE TO REPORT TAXPAYER AS AN INDIVIDUAL AT CLOSING FOR THE PURPOSE OF THIS IRS REPORTING REQUIREMENT ONLY. 1, Taxpayer Name Line 1: _ lb. Social Security/TIN/FEIN#: 95- (0000-75 ) 2. Taxpayer Name Line 2: 2b. Social Security/TIN/FEIN #: 1c. % of Ownership: O 2c. % of Ownership: 3, Forwarding Street ddress: 4. City, State, Zip: U) 5. Contract Sales Price: $ DO 6. Is this an Exchange? Yes No 7. Taxpayer Type: _Individual _Trust _Estate _Partnership Other NOTE: The information on this form is being furnished to the Internal Revenue Service. Under penalty of perjury, I/We certify that the taxpayer I.D. number shown on this form is my/our correct Social Security or Federal Employer Identification Number. I/We understand that I/We am/are required by law to provide my/our correct taxpayer identification number and I/We may be subject to civil or criminal penalties if I/We provide incorrect information. Date '4b t) w.�l.� Zf..10A CP Date The City of Newport Beach, a Municipal Corporation B::� YEAR Withholding Exemption Certificate and CALIFORNIA FOR 2000 Nonresident Waiver Request for Real Estate Sales 597-W P"rt I Seller's Information Name Soaal Secuiy NumberlCaldoiNa Corpurabon No/FEIN Ci� q 6- 1 StroelAdBoss 3300 'w U . PMO no G Stale, ZIP Code i PhoneOwcm1ag O�/O PropertyAdiess) rw shot address, provide parcel mmibe and county) ^ � ("fA 3 0o e If there is more than one seller, attach a separate sheet listing additional seller's Information. Read the following and check the boxes as they apply to the seller (see General Information C, Exemptions from Withholding (Part 1) for definitions and details for each area): YES NO 1. Is the total sales price of this property $100,000 or less? ............................................. X ❑ 2. Are you a resident of California?............................................................... ❑ 3. Does the property being sold qualify as your principal residence? ...................................... ❑ �( 4. Are you a corporation registered In California or that has a permanent place of business in California? .......... �Sj ❑ 5. Are you a partnership or a limited liability company with recorded title to the ❑ property In the name of the partnership or limited liability company? ................................... 6. Are you a tax-exempt entity?.................................................................. ❑ 7. Are you an Irrevocable trust with at least one trustee who is a California resident? ................. ....... ❑ 8. Are you an estate where the decedent was a California resident at the time of death? ...................... ❑ 9. Are you a bank or a bank acting as a fiduciary for a trust? ............................................ ❑ 10. Are you an Insurance company, IRA, or qualified pension/profit sharing plan? ............................ ❑ Under penalties of perjury, I hereby certify that the Information provided above is, to the best of my knowledge, true and correct. If conditions change, I will promptly inform the withholding a ant. I understand that completing this forth does not exempt me from filing a California income tax return to report this sale. Settees Sign Date 2 6D If you answered "YES" to any of the above questions, STOP HERE. You are exempt from the nonresident withholding requirements. Provide this forth to your escrow company or the buyer (withholding agent). If you answered 'NO" to all of the above questions, you are subject to the nonresident withholding requirements. The required withholding is 3113% of the total sales price. Do you believe that your estimated tax liability from the sale of this property will be less than the required withholding amount? Yes. Complete the WalverRequest Section on Side 2 and send this forth to the Franchise Tax Board. No, STOP HERE. Your escrow person will withhold 3113% of the total sales price and send it to the Franchise Tax Board on your behalf. Obtain the seller's copy of Form 597, Nonresident Withholding Tax Statement for Real Estate Sales, to attach to your California Income tax return when you file and claim the withholding amount. For Privacy Act Notice, get form FTS 1131. 597W99109 Form 597-W (NEW 1999) Reproduced by SMS woo Page 1 Nonresident Withholdinq Waiver Request Stale in detail your reason for requesting a withholding waiver or reduced withholding. Attach additional sheets if needed. The Franchise Tax Board (FTB) cannot make a determination on your request unless you provide all required information and documentation. See instructions. Part 11 Property nform nifon Escrowlnformatfon [)ale SellerAcqured. Nanwand AddressOfEsaowCompmy- Mariners Escrow Civic Plaza selterruWred PropodyBy(check one) ❑ Purchase ❑ IMentance ❑ Faredosue/Repossesdon 4 Civic Plaza, Suite 100 ❑ Gil ❑ 1031Exchange can (883)972-4900U.S.tell-free Newport Beach, CA 92660 or(916)845-4900 ❑ other Use ofRopedy at Bare of sale: LengN ofhme Used for Ws pupose: ❑ Rental/Commercial Cl Socondary/Vacahonhome Yews _Months Name of Escrow officer: Escrow Number. ❑ 01her(allachaxptanabon) Marilyn Sauter 2-2351-MS Seller's Aciusled Bads Escrow Telephone Nuaer- Escrow FAX Number Purchase Price S Add Improvements Less•Dopedahon (949) 729-0199 (949) 729-0190 Adiusted Bads S Contract Pace (total sales pace)* Estimated Close of Escrow Data: Provide all required documentation listed In the instructions. Attach any other $35,000.00 December 1, 2000 documents necessary to verify the adjusted basis. Instructions for Form 597-W Withholding Exemption Certificate and Nonresident Waiver Request for Real Estate Sales Roferencosan these instructons we to the Internal Rovermo Code(IRC) as of January 1, 1998, and mo California Roverue and Taxation Code(RBTC) General Information Preparer Tax Identification Number (PTIN) B What is Real Estate Tax preparers now have the option of using a Withholding? Forth 597-W, Withholding Exemption unique identification number (PTIN) instead of Real estate withholding: Certificate and Nonresident Waiver Request a social security number when signing tax a Is a prepayment of the amount of income for Real Estate Sales, replaces Forth 590-RE returns. Withholding Exemption Certificate for Real Estate Sales and Form 597-A, Nonresident Withholding Waiver Request for Real Estate Sales. Requirement to File a California Tax Return A completed Form 597-W relieves the buyer of the requirement to withhold but does not eliminate the requirement that the seller must file a California tax return and pay the tax due. Private Mailbox (PMB) Number If you lease a mailbox from a private business rather than from the United States Postal Service, enter your PMB number In the field labeled "PMB no." A Purpose When California real estate is sold by a nonresident, buyers are required by law (R&TC Section 18662) to withhold 31/3% of the total sales price unless a withholding exemption is met or the Franchise Tax Board (FTB) authorizes a waiver or reduction in the withholding amount. • Use Part I of Form 597-W to certify that you meet a withholding exemption for the sale of California real estate; or • Use Part II of Form 597-W to request a waiver or reduction of the required withholding for the sale of California real estate. tax due from the gain on the sale of California real estate; • Is not an additional lax on the sale of real estate; • Is primarily intended to ensure that the income tax owed on the taxable gain from the sale will be paid; • Reduces the likelihood that the seller will be subject to penalties for underpayment of estimated tax; and • is similar to wage withholding. As with wage withholding, the amount withheld is claimed as a credit against the income tax liability computed at the end of the taxable year. If the amount withheld is more than the income tax liability, the difference will be refunded when a tax return is filed after the end of the taxable year. Page 2 Form 597-W (NEW 1999) Reproduced bysMs 3= 597W99209 F' C Exemptions from Withholding (Part 1) The seller Is exempt from the withholding requirements if they have answered "Yes' to any of the questions in Part 1. The completed Form 597-W should be signed by the seller and given to the buyer or other withholding agent. The buyer, or other withholding agent, should retain the form for five years following the close of the transaction. The buyer, or other withholding agent, will be relieved of the real estate withholding requirements if the buyer relies in good faith on a completed and signed Forth 597-W. A completed Form 597-W certifying an exemption of withholding does not eliminate the requirement that the seller must file a California income fax return and pay the tax due. The seller should answer "Yes" in Part I when: 1. The total sales price of the California real property Is $100,000 or less. 2. The seller is a California resident on the date escrow closes. A California resident is any individual who is in California for other than a temporary or transitory purpose or any individual domiciled In California who is absent for a temporary or transitory purpose. Sellers who are uncertain of their residency status can get assistance by calling the FTB at (800) 852-5711 or by getting FTB Pub 1031, Guidelines for Determining Resident Status, for more Information. 3. The property qualifies as the seller's principal residence under IRC Section 121. The home in which you live is your principal residence. You can only have one principal residence at a time. If you have two homes and live in both of them, the principal residence is the one you lived in most of the time. Even though you do not currently live in the property, it may still qualify as your principal residence for purposes of the withholding exemption. An example is a former California resident who moved out of state prior to the close of escrow. The property can qualify for the withholding exemption if the seller still considers it to be the principal residence, or if It qualifies for the exclusion of income under IRC Section 121. An individual can exclude up to $250,000 (up to $500,000 for a married couple) of the gain on the sale of a principal residence. Sellers can qualify for this exclusion if, during the 5-year period ending on the date of the sale they owned and lived in the property as their principal residence for at least 2 years. For examples and more details, get federal Publication 523, Selling Your Home, by accessing the Internal Revenue Service's (IRS) website at www.irs.gov or by calling the IRS at (800) 829.3676. 4. The seller Is a corporation that is registered in California or has a permanent place of business In Callfornia immediately after the transfer. A corporation has a permanent place of business in California if it is organized and existing under the laws of California or if it is a foreign corporation qualified to transact intrastate business by the California Secretary of State's Office. A corporation that has not qualified to transact intrastate business, such as a corporation engaged exclusively in interstate commerce, will be considered as having a permanent place of business in California only if it maintains a permanent office In California and the office is permanently staffed by Its employees. 5. The seller is a partnership or LLC and the recorded title to the property is In the name of the partnership or LLC. A partnership Includes a syndicate, group pool, joint venture, or other unincorpo- rated organization through which the business operation is carried on and which is not a corporation, trust, or estate. A partnership or LLC may be required to withhold on distributions of California source income to nonresident partners or members. For more information, get FTB Pub 1017, Nonresident Withholding - Partnership Guidelines. 6. The seller is exempt from tax under either California or federal law. 7. The seller is a California irrevocable trust. For withholding purposes, an Irrevocable trust is considered a California trust if at least one trustee is a California resident. Irrevocable trusts are required to withhold on distributions of California source income to their nonresident beneficiaries. Note: If the seller is a revocableigrantor trust and one or more of the grantors is a nonresident, with- holding is required. If all of the grantors of a revocable/grantor trust are residents of California, no withholding is required. 8. The seller Is a California estate. For withholding purposes, an estate is considered a California estate if the decedent was a California resident at the time of death. Estates are required to withhold on distributions of California source income to their nonresident beneficiaries. 9. The seller Is a bank or a bank acting as the fiduciary for a trust. 10. The seller is an Insurance company or a federally qualified pension or proftt- sharing plan. D Nonresident Withholding Waiver Request (Part II) This section should be completed if you do not meet any of the exemptions to withholding as shown in Part I and you believe that your estimated tax liability from the sale will be less than the required withholding. W ' is h did b giver reques are an a on a case- y- case basis. Generally, the FTB will reduce or eliminate the withholding amount when: • The 31/3% withholding amount exceeds the estimated California tax liability from the sale; for example: Selling Price ............... $250.000 Withholding Rate ............ x3.33% Withholding Amount........ $8,325 Gain on Sale ............... $ 50.000 Maximum Tax Rate ........... 9.3%` Estimated Tax Liability ....... $4,650 "The maximum tax rates are 9.3% for individuals and 8.84% for corporations. In this example, the withholding amount would be reduced to $4,650. If the documen. tation provided shows that the estimated tax liability will be $0 tram the sale, a full waiver will be granted. • The transaction involves an IRC Section 1031 exchange, a foreclosure, or an installment sale; or • The transaction involves multiple sellers, some of whom are nonresidents of California. Note: The withholding amount is 31/3% of the total sales price regardless of the percentage of interest owned in the property. To receive a prompt determination, include all required information and documentation to support your request. Failure to include the required information, signatures and documents can result in either a delay or denial of your request. Below is a list of the minimum documentation required for the FTB to make a determination. Do not send original documentations. This is a general guide. Additional information may be requested on a case -by -case basis. • Loss or Small Gain ❑ The current sales escrow document (estimated closing statement, sales contract, or closing statement). El Purchase escrow document (closing statement) from the original transaction. ❑ List of any improvements and related costs. • Inherited Property ❑ The curentsales escrow document (estimated closing statement, sales contract, or closing statement). ❑ The court documents showing the fair market value of the property at the time of inheritance, or the death certificate If the death occurred less than one year ago. If the properly was inherited more than two years ago, also: ❑ Stale whether the property was a rental. If yes, state how long It was rental property. Farm 597-W (NEW 1999) Repmdocedbysms3mPage 3 10 ❑ List any improvements since the date of inheritance and related costs. IRC Section 1031 Exchange ❑ Completed and signed California Form 597-E, Nonresident Withholding Exchange Affidavit. ❑ The current sales escrow document (estimated closing statement, sales contract, or closing statement). ❑ On Forth 597-E indicate the basis of the property being sold. ❑ On Form 597-E indicate the state where the replacement property is located. Installment Sales ❑ Completed and signed California Forth 597-I, Nonresident Withholding Installment Sale Agreement. ❑ The current sales escrow document (estimated closing statement, sales contract, or closing statement). ❑ Purchase escrow document (closing statement) from the original transaction. ❑ The note agreement. ❑ List of any improvements and related costs. Reacquired Property (Foreclosure or Repossession) ❑ The current sales escrow document (estimated closing statement, sales contract, or closing statement). ❑ The original sales escrow document from the first time you sold the property prior to foreclosure. ❑ The original purchase escrow docu- ment (closing statement) from when you originally purchased the property. ❑ Statement of the amount of cash (down payment) received on the original sale prior to foreclosure. ❑ Statement of the amount of notes received or carded prior to foreclosure. Provide a copy of the note carried. ❑ Statement of the balance due remaining on the note. ❑ List of the foreclosure costs (the costs to get the property back). ❑ List of any improvements and related costs. ❑ The calculation of the gain from the original sale. ❑ A copy of federal Forth 6252, Installment Sale Income, or California forth FTB 3805E, Installment Sale Income, filed with your tax return in the year of the original sale. ❑ Deed in -lieu of foreclosure or trustee's deed upon sale. E When to File This Form When requesting a waiver or reduction in withholding, the Form 597-W should be completed and sent to the FTB as soon as you enter into a contract of sale. The FTB will determine if the withholding should be eliminated, reduced or if the request should be denied. The FTB usually processes applications within 45 days after receipt of all necessary information. If a response from the FTB has not been received by the time title Is transferred, the parties to the transaction may direct the escrow person to hold funds for withholding in trust up to 45 days from the date 6tie is transferred. If Form 597-W is not filed timely with the FTB and titre passes to the buyerltransferee before the application can be processed, withholding of 3113% of the total sales price is required. There is no provision to authorize an early refund after title has passed to the buyer/ transferee and the withholding has been remitted to the FTB. Any withholding waiver issued by the FTB applies only for the limited purpose of determining the vnthholding obligation under R&TC Section 18662. The withholding waiver would not apply for other issues that may arise in connection with the transfer. The FTB may accept evidence submitted with a waiver request for the purpose of issuing the withholding waiver; however, this evidence may not be adequate for other issues related to the transfer. If you receive a determination letter from the FTB reducing the amount of withholding, you must enter the confirmation number from the FTB determination letter on Form 597, Nonresident Withholding Tax Statement for Real Estate Sales, when payment is sent to the FTB. Payment must be sent with Forth 597. F Where to File This Form If you meet one of the exemptions to withholding in Part I, the form should not be sent to the FTB. The Forth 597-W should be given to the buyer or escrow company. Be sure to sign the forth to certify that you meet the exemption. If you are requesting a waiver or reduction in the withholding (and do not meet one of the exemptions in Part 1), the completed Form 597-W should be filed with the FTB to request an authorized determination. Fax Forth 597-W to (916) 845A831 or mail to: NONRESIDENT WITHHOLDING SECTION FRANCHISE TAX BOARD PO BOX 651 SACRAMENTO CA 95812-0651 If you send your request by fax, do not send the original request by mail. Please wait 10 working days after faxing your request and 13 working days after mailing before contacting us. G Additional Information To order California Tax forms not related to nonresident withholding or for more information you may contact us: By Internet: If you have access you may download, view, and print California tax forms and publications. Go to our websile at: www.ftb.ca.gov By automated phone service: Use this service to order 1997,1998, and 1999 California tax fortes and 1999 federal fortes. Have paper and pencil ready to lake notes. From within the United States .......... (800) 338-0505 (toll -free) From outside the United States ...........(916) 845-6500 (not toll -free) Follow the recorded instructions. This service is available 24 hours a day, seven days a week. By mall - Please allow two weeks to receive your order. If you live outside of California, please allow three weeks to receive your order. Write to: TAX FORMS REQUEST UNIT FRANCHISE TAX BOARD PO BOX 307 RANCHO CORDOVA CA 95741.0307 In person - Most libraries, post offices, and banks provide free California personal income tax booklets during the filing season. Many libraries and some quick print businesses have forms and schedules for you to photocopy (you may have to pay a nominal fee). Note that employees at libraries, post offices, banks, and quick print businesses cannot provide tax information or assistance. Assistance for persons with disabilities The FTB complies with provisions of the Americans with Disabilities Act. Persons with hearing or speech impairments, call: From voice phone.......... (800) 735-2922 (California Relay Service) From TTY1TDD............ (800) 822.6268 (Direct line to FTB customer service) For all other assistance or special accommo- dations, call (800) 852-5711. Page 4 Form 597-W (NEW 1999) Reproduced by SMS 3100 'Mariners Escrow Civic P19a 1099 S INPUT COMPANYNO. OFFICE NO. TYPE ERICSCROWIFILE NUMBER CTUAL CLOSING DATE 0004 0003 [ ] Add [ ] Change [ ] Delete I 2-2351-MS r SUBJECT PROPERTY INFORMATION STREET ADDRESS OR BRIEF FORM OFLEGAL DESCRIPTION (for vacant land, use APN, county, and state) [6] 3700 Lake Avenue CITY STATE ZIP CODE Newport Beach, CA 92663 TRANSACTION DATA CONTRACT SALES PRICE NO. OF 1099-S 2 OR MORE 1099-S BUYERS PART OF CONTINGENT TRANSACTION EXCHANGE Line 401 of HUD-1 Form) Note: forms required FORMS REAL ESTATE TAX Is this a contingent transaction Was (or will f this is an exchange, provide for the sale of If 2 or more 1099-S forms Show any real estate tax, wherein gross proceeds cannot there be) other otal dollar value of cash, notes this property. are required for this trans- on a residence, charged be determined with certainty at property or ser- nd debt relief received by action, record the dollar to die buyer at time of closing? vices received? his exchanger, amount for this seller basec settlement. � [8] on the seller's declaration. P35,000.00 Yes Yes 3s 000.0o .4FLLF.R INFORMATION - PLEASE PRINT CLEARLY' fELLER'S LAST NAME FIRST NAME M.I. 91 SELLER'S FORWARDING STREET ADDRESS Attn: Shirley Oborny 177 STATE ZIP CODE (or county if not USA) City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 SOCIAL SECURITY [10] NUMBER You are required by law to provide your closing agent with your correct Under penalties of perjury, I certify that the number Taxpayer Identification Number. If you do not provide your closing shown above h my correct Taxpayer Identification Number. agent with your correct Taxpayer Identification Number, you may be / subject to civil or criminal penalties imposed by law under the Tax f11� lyl4/� /,z� �10 Reform Act of 1986 under Internal Revenue Code Section 6045(B). 6676, 6722, 6723, and 7203. Seller's Signature Date LLYSI ICUGI IULYJ I Make sure all data fields and areas indicated by numbers are accurately completed. If there is more than one seller In this transaction, each seller must have a separate 1099-S form. In most cases a husband and wife are considered one seller and only, one name and corresponding Social Security Number or Tax Identification Number can appear on this farm. I Also, if more than one seller, indicate die total number of 1099-S formirequired for the transaction and report the correct dollar value for this seller in area number (8]. I Make sure all seller's information (name, forwarding address, Social Security or Taxpayer Identification Number, and seller's signature) is obtained. Missing or incorrect information may be subject to IRS penalty. i Double check all information for completeness and accuracy before submitting to SMS for processing. SMS - 1099S(1193) r" RECORDING REQUESTED BY • AND WHEN RECORDED MAIL TO: Bruce M. Simurda Diana Simurda 3711 1/2 Lake Avenue Newport Beach, CA 92663 rlw= Order No.: 2014302 GRANT DEED This Line for Recorder's UseOnly Escrow No.: 2-2351-MS THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $38.50 [ X ] computed on full value of property conveyed, or L[ 1J computed on full value less value of liens or encumbrances remaining at time of sale, unincorporated area; [ X ] City of Newport Beach , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, The City of Newport Beach, a Municipal Corporation hereby GRANT(S) to Bruce M. Simurda and Diana Simurda the following described property in the City of Newport Beach, County of Orange State of California; The Northwest half of Lots 9 and 10 in Block 137 of River Section, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4, Page 25, of Miscellaneous Maps in the Office of the County Recorder of said County. The City of Newport Beach, a Municipal Corporation By: 0] PLEASE -SIGN AND ACKNOWLEDGE THIS- INSTRUMENT'BEFORE A ,'•NOTARY PUBLIC: - [�] Y !UR'•NAME MU;STB'E SI•G'NED' - n :l WRI°T .T EXACi=N'ON'.' TLYAS, IT IS THIS DOCU.MENTe,' sons) whose name(s) is/are subscribed to the within instrument city(ies) and that by his/her/their signature(s) on the instrument CALff,0RNLk, ` `C0U rWS,` This area for official notarial seal. T C TIT'U OMPANY . = pled'seRequest'UsWlien,YoUtGo;X0o'Escrdw 1 or Address Noted Below �AWN% MARINERS ESCROW ��► CIVIC PLAZA December 14, 2000 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663-3884 Attention: Shirley Oborny Re: Escrow No. 2-2351-MS 3700 Lake Avenue, Newport Beach, CA Dear Shirley: 4 Civic Pine, Suite 100 Newport Beach, Cali rnia 92660 Phone(949) 729.0199 Fux (949) 729-0190 in connection with the sale of the above described property we enclose the following: 1. Grant Deed - re -drawn to include the corrected legal description. Must be signed before a Notary Public. 2. Amended escrow instructions eliminating the lot -line adjustment as a condition of this transaction and advising the Buyer that they will need to complete the lot -line adjustment after the close of escrow. It is my understanding that you will prepare a new Grant of Easement to be signed by the Buyer and notarized after the date of the Grant Deed. Please include the re -drawn Grant of Easement with the return of the executed Grant Deed and signed Amendment. CITY OF NEWPORT BEACH December 18, 2000 Ms. Marilyn Sauter Mariners Escrow 4 Civic Plaza, Ste. 100 Newport Beach, CA 92660 RE: ESCROW NO. 2-2351-MS 3700 Lake Avenue, Newport Beach, CA 92663 Dear Ms. Sauter: As per your conversation with my assistant Shirley, this letter shall serve as verification that the City Council approved the sale of this lot on May 23, 2000, and directed our office to process the necessary paperwork. We are returning to you: ■ Two signed Amended Escrowlnstructlons (dated December 8 and 14) ■ Amendment to Agreement ■ Notarized Grant Deed ■ New Grant ofEasement to be signed/notarized a&er date of Grant Deed If you have any questions, please call me (949)644-3002. Sincerely, `�e�. Da e Kiff Deputy City Manager Enclosures City Hall ■ 3300 Newport Boulevard ■ Newport Beach, California 92663-3884 MARINERS ESCROW CIVIC PLAZA AMENDED ESCROW INSTRUCTIONS t Escrow No. 2-2351-MS Re: 3700 Lake Avenue, Newport Beach, CA 92663 To: Mariners Escrow Civic Plaza - Marilyn Sauter 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone(949) 729.0199 Fax(949) 729.0190 Date: December 8. 2000 My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only: THE COMPLETE LEGAL DESCRIPTION IS AMENDED AS FOLLOWS: See Exhibit "A" attached hereto & made a part hereof All other terms and conditions of this escrow shall remain the same. All parties signing this instruction acknowledge receipt of a copy of same. SELLER(S): The City of Newport Beach, a Municipal Corporation,/ By: 1�7�s✓�s M. BUYER(S): Bruce M. Simurda Diana Simurda Exbibi ', " 1. ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST HALF OF LOTS 9 AND 10 IN BLOCK 137 OF RIVER SECTION, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OI' MISdELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: 11 BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID NORTHWEST HALF OF SAID LOT 9; THENCE ALONG TILE SOUTHWESTERLY LINE OF'SAID LOT 9 NORTH 370 13' 30" WEST 37.00 FEET; T14ENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 9 NORTH 520 46' 30" EAST 6.07 FEET TO A LINE PARALLEL WITH AND 17.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF 38TII STREET, AS SAID CENTERLINE IS SHOWN ON RECORD OF SURVEY MAP NO. 88- 1006 FILED IN BOOK 118, PAGE 39 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAIL) LAST MENTIONED PARALLEL LINE BEING THE SOUTHERLY RIGHT OF WAY LINE OF 38'I'11 S'I'Rf•:E'I'; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE AND RIGHT OF WAY LINE NORTH 860 57' 00" EAST 65.50 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 1.0; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY HAI.,F OF SA11) LOTS 9 AND 10 SOUTH 520 46' 30" WEST 60.00 FEET TO THE POINT OF' BEGINNING. 07 euu//uo . ?�• 2 Lme WATERWAY h W. R 7WAYV0 ALm a - pe ti RIVER Pn 9 r\ --.j. PAV 1•j / 61.K aa69AG: x.Sl/! J9 243-49 �IIVR 99A1'1/-J wn' I � a 11 0 9 . l I 1O9 361 7 © OS nsd n i. I =asr =a n• xs• as' k M as K .0 " BLK. /36 A =-'�J z - a 0 0 0 asaa'I n I am u u• 363 1xlRn'•EIaMH S7REE'r P.aR,f O eAn/wc Pao(. SECT/ON '= BALBOA rear AVE! $ ad ti a1� • 8 Clntl 37. 7 423 - 36 ' m AVENUE ; Lp c Q� a /f 21 a / 20 !6 19 /35 18 /e IT ' ro 16 Za IS P� 14 •• PY 13 PJ Iz RACTy rs BOULEVARD 0 ~ r y V o r y o z y m C rZ� 0 Y 2 Vf O ac ao � 32 33 MARCH /984 LANE TRACT M.14 4-I3 NOTE• ASSESSOR'S BLOCK 6 ASSESSOR'S MAPw RIVER SECT/ON M.M. 4-25 PARCEL NUMBERS SOOK423PAGE36 PARCEL MAP P. M. 5/-3 SHOWN IN ORCLES COUNTY OF ORANGE PARCEL MAP P.M. 245-49 ,9() �� ��' MARINERS ESCROW CIVIC PLAZA AMENDED ESCROW INSTRUCTIONS Escrow No. 2-2351-MS Re: 3700 Lake Avenue, Newport Beach, CA 92663 To: Mariners Escrow Civic Plaza - Marilyn Sauter 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone(949) 729.0199 Fax (949)729.0190 Date: December 14, 2000 My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only: Contract Supplement Addendum dated October 11, 2000, Item No. 4. regarding the lot -line adjustment is hereby eliminated from this transaction. The lot -line adjustment will be the responsibility of the Buyer after the close of escrow, a matter with which escrow holder is not to be concerned and/or have any duty. Buyers shall hold title to the subject property as follows: Bruce M. Simurda and Diana C. Simurda, husband and wife, as joint tenants. All other terms and conditions of this escrow shall remain the same. All parties signing this instruction acknowledge receipt of a copy of same. SELLER(S): The City of Newport Beach, a Municipal Corporation By: BUYER(S): Bruce M. Simurda Diana C. Simurda C AMENDMENT TO AGREEMENT ` WHEREAS, this Amendment to the Vacant Land Purchase Contract dated October 11, 2000 between the City of Newport Beach and Bruce Simurda and Diana Simurda for the purchase of property described as 3700 Lake Avenue in the City of Newport Beach, is made with regard to the following. RECITALS WHEREAS, the October 11, 2000 Vacant Land Purchase Contract and Receipt for Deposit and Contract Supplement/Addendum was entered into for the sale of property legally described as the northwest half of Lots 9 and 10 in Block 137. WHEREAS, the parties have discovered that the legal description did not accurately describe the property to be sold and wish to correct the legal description. NOW THEREFORE, the parties agree as follows: The October 11, 2000 Vacant Land Purchase Contract and Contract Supplement and Addendum shall be amended solely to reflect a corrected legal description as provided on the attached Exhibit A and depicted on Exhibit B. Except as specifically agreed to in this Amendment all other terms and conditions of the Vacant Land Purchase Contract and Contract Supplement/Addendum shall remain in full force and effect. Dated: 2000 Dated: 2000 Dated: 2000 RLC:ml f:lusers\catlshared\aglcityproperty\3700iake.doc HOMER BLUD U, City Manager City of Newport Beach EXHIBIT "A" Those certain portions of the northwesterly half of Lots 9 and 10, Block 137 of the River Section Tract in the City of Newport Beach, County of Orange, State of California, described as follows: Commencing at the most southerly corner of Lot 9, Block 137 of the River Section Tract filed in Book 4, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along the southwesterly line of said lot N 37°13'30" W 50.00 feet to the True Point of Beginning; thence continuing along said southwesterly line N 37013'30" W 37.00 feet; thence northwesterly along a line parallel with the southeasterly line of said Lot 9 N 52°46'30" E 6.07 feet to a line parallel with and 17.00 feet southerly, measured at right angles, from the centerline of 38'" Street as said centerline is shown on Record of Survey Map No. 88-1006 filed in Book 118, Page 39 of Record of Surveys, in the office of said County Recorder, said last mentioned parallel line being the southerly right of way line of 38" Sheet; thence along said last mentioned parallel line and right of way line N 86057'00" E 65.50 feet to its intersection with the northeasterly line of said Lot 10; thence southwesterly along the southeasterly line of the northwesterly half of said Lots 9 and 10, S 52°46'30" W 60.00 feet to the True Point of Beginning. \R,� �GD IN SEC--------- � � SU JE&r, PAR L �i S i �\ 2r% i \ \ \ \ BL \ 137 CT'\ VICINITY MAP i SECTIO i R UER i �\ N 86"ST00"-E------------- ----381--•-- N 526 - E\ g �\ i 6.07' •\ N 86°57'00" E "" 65.50' �\ _ O`Y \ \ T.P.O.B. \ O�.\1 -O i .\ �Or. •, SOUTHEASTERLY L E OF 19 `•, NORTHWESTERLY H F 'QF LOTS 9 AND 10 0 ` \ Mos outherly corner o of 9, \ \ ck 137, River Section ct \ \ P.O.C. \ © SUBJECT PARCEL ZBLO I 37 EXHIBIT IIBII \ NENA'QIRT � TRACT ,\ N[W xOI,T IMTO[�'/YTIOM SYTi[x{ 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Bruce M. Simurda Diana Simurda 3711 1/2 Lake Avenue Newport Beach, CA 92663 A.P.N.: No.: 2014302 Above This Line for Recorder's Use Only Escrow No.: 2-2351-MS GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $38.50 [ 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 Newport Beach , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, The City of Newport Beach, a Municipal Corporation hereby GRANT(S) to Bruce M. Simurda and Diana C. Simurda, husband and wife, as joint tenants the following described property in the City of Newport Beach, County of Orange State of California; That portion of the Northwest half of Lots 9 and 10 in Block 137 of River Section, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4, Page 25, of Miscellaneous Maps in the Office of the County Recorder of said County. (Complete legal description on Exhibit "A" attached hereto and made a part hereof.) The City of Newport Beach, a Municipal Corporation 'N / Document Date: December 14, 2000 STATE OF C. COUNTY OF us personally appeared EWMEF L- EWPEVIA personally (mown to me ( ) to be the personAwhose name(i(f aze subscribed tothe within instrument and acknowledged to me thatoshe/they executed the same ' i er/thea authorized capacityy and that by s er/their signamref�i on the instrument .the personor the entity upon behalf of which the person acted, executed the instrument. WITNESS myfhand /�and official seal. "Signature t/—d/tMi V . —Q/KO> This area for official notarial seal. Mail Tax Statements to: SAME AS ABOVE or Address Noted Below Exhibit,; nQn ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST HALF OF LOTS 9 AND 10 IN BLOCK 137 OP RIVER SECTION, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCIELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID NORTHWEST.' HALF OF SAID LOT 9; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 9 NORTH 370 13' 30" WEST 37.00 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 9 NORTH 520 46' 30" EAST 6.07 FEET TO A LINE PARALLEL WITH AND 17.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF 38TH STREET, AS SAID CENTERLINE IS SHOWN ON RECORD OF SURVEY MAP NO. 88- 1006 FILED IN BOOK 118, PAGE 39 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID LAST MENTIONED PARALLEL LINE BEING THP 'SOUTHERLY RIGHT OF WAY LINE OF 38'I'1I STREET; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE AND RIGHT OF WAY LINE NORTH 860 57' 00" EAST 65.50 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY HALF OF SAID LOTS 9 AND 10 SOUTH 520 46' 30" WEST 60.00 FEET TO THE POINT OF' BEGINNING. ALL-PURPOSE ACKNOWLEDGMENT State of California �v ss. County of Dr a� On before me, LCI IMIy • 1 f1Q , �Wry R(b) I U Date Name and Title of Officer (eq..'Jane oe. Notary Public') personally appeared LEIIANI V. IN Commission # 1170960 No -cry Puck - California Orange County My Comm, expires Jan 25, 2(l02 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is are subscribed to the with' instrument and acknowledged to me��he/they executed the same in 1 er/their thorized capacity(i� and that by �Iji r/their 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. Place Notary Seal Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT Or SIGNER 0 1997 National NoleryAuoaebon - 9350 De Solo Ave., P.O. Boa 2a02 - Chatsworth, CA 91313-2402 Prod. No $907 Reorder.. Call Toll -Free 1-800-876-6827 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Blvd. P:O.Box 1768 Newport Beach, Ca. 92659-1768 Attn: Public Works Dept. GRANT OF STREET AND HIGHWAY EASEMENT Bruce & Diana Simurda, owner(s) of certain real property situated in the City of Newport Beach, County of Orange, State of California, described as portions of Lot 9 and 10, Block 137 of the River Section Tract per map filed in Book, 4 Page(s) 25 of Miscellaneous Maps in the Office of the County Recorder of said County, hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, an exclusive street and highway easement in, over, across and along said certain real property. Said easement is described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by this reference. SUBJECT TO easements and rights of way of record or apparent. Should Grantee, in exercising the rights hereinabove granted, disturb or damage the surface of the easement area, Grantee shall, at its own expense, return said surface to its original condition. Dated: 2000 EXMIT "A" EASEMENT DESCRIPTION That certain real property in the City of Newport Beach, County of Orange, State of California, described as follows: Commencing at the most southerly corner of Lot 9, Block 137 of the River section Tract filed in Book 4, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along the southwesterly line of said lot N 37°13130" W 76.00 feet to the True Point of Beginning; thence continuing along said southwesterly line N 37°13'30" W 11.00 feet; thence northwesterly along a line parallel with the southeasterly line of said Lot 9 N 52046'30" E 6.07 feet to a line parallel with and 17.00 feet southerly, measured at right angles, from the centerline of 38's Street as said centerline is shown on Record of Survey Map No. 88-1006 filed in Book 118, Page 39 of Record of Surveys, in the office of said County Recorder, said last mentioned parallel line being the southerly right of way line of 381e Street; thence along said last mentioned parallel line and right of way line N 86057'00" E 65.50 feet to its intersection with the northeasterly line of Lot 10, Block 137 of said River Section Tract; thence along said northeasterly line S 37°13'30" E 7.24 feet to a line parallel with and 23.00 feet southerly, measured at right angles, from said centerline of 38ie Street; thence along said parallel line S 86157'00" W 58.65 feet; thence S 52046'30" W 11.77 feet to the True Point of Beginning. MARINERS ESCROW CIVIC PLAZA AMENDED ESCROW INSTRUCTIONS Escrow No. 2-2351-MS Re: 3700 Lake Avenue, Newport Beach, CA 92663 To: Mariners Escrow Civic Plaza - Marilyn Sauter 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729.0199 Fax (949) 729.0190 Date: December 14, 2000 My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only: Contract Supplement Addendum dated October 11, 2000, Item No. 4. regarding the lot -line adjustment is hereby eliminated from this transaction. The lot -line adjustment will be the responsibility of the Buyer after the close of escrow, a matter with which escrow holder is not to be concerned and/or have any duty. Buyers shall hold title to the subject property as follows: Bruce M. Simurda and Diana C. Simurda, husband and wife, as joint tenants. All other terms and conditions of this escrow shall remain the same. All parties signing this instruction acknowledge receipt of a copy of same. SELLER(S): The City of Newport Beach, a Municipal Corporation COPY BUYER(S): Bruce M. Simurda Diana C. Simurda 'o (49%00))* MARINERS ESCROW CIVIC PLAZA AMENDED ESCROW INSTRUCTIONS t Escrow No. 2-2351-MS Re: 3700 Lake Avenue, Newport Beach, CA 92663 To: Mariners Escrow Civic Plaza - Marilyn Sauter 4 Civic Plaza, Suite 100 Beach, California 92660 9) 729.0199, Fax (949) 729.0190 Date: December 8. 2000 My previous instructions in the above numbered escrow are hereby modified - supplemented in the following particulars only: THE COMPLETE LEGAL DESCRIPTION IS AMENDED AS FOLLOWS: See Exhibit "A" attached hereto & made a part hereof All other terms and conditions of this escrow shall remain the same. All parties signing this instruction acknowledge receipt of a copy of same. SELLER(S): The City of Newport Beach, a Municipal Corporation By: to BUYER(S): Bruce M. Simurda Diana Simurda I/ Exhibit.;;,'"Q:' 0 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST HALF OF LOTS 9 AND 10 IN BLOCK 13-7 OP RIVER SECTION, AS SHOWN ON A MAP RECORDED IN BOOT( 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID NORTHWEST' HALF OF SAID LOT 9, THENCE ALONG THE SOUTHWESTERLY LINE OF'SA•ID LOT 9 NORTH 370 13' 30" WEST 37.00 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WITH TF12 SOUTHEASTERLY LINE OF SAID LOT 9 NORTH 520 46' 30" EAST 6.07 FEET TO A LINE PARALLEL WITH AND 17.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF 30'I'll STREET, AS SAID CENTERLINE IS SHOWN ON RECORD OF SURVEY MAP NO. 00- 1006 FILED IN BOOK 118, PAGE 39 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID I,AST MENTIONED PARALLEL LINE BEING THE SOUTHERLY RIGHT OF WAY LINE OF 38TH ST'RRI'T; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE AND RIGHT 01' WAY LINE NORTH 860 57' 00" EAST 65.50 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY HALF OF SAID LOTS 9 AND 10 SOUTH 520 46' 30" WEST 60.00 FEET TO THE POINT OF BEGINNING. =I ,r ' WATERWAY /'7 W. WA7 7NE RIW AL7b a — T/c RL � M F: LAKE KI�10016q. * a s ALL s "WR� AVE M ad B y T. B IJSaaMJZ " BLK. B z3 3 2° 4 J 2 '01 .wI 1f y 1 aya' a3• a3• PARK z3o 363 TH/RTl'-E/GNlN STREET PABR Z O • 0 M BATN/NB POOL MARCH (984 37 .AVENUE 34, Q• y h a0' 'g 8ALRO4 BOULEVARD (BAY AVEJ � • 32 33 LAKE TRACT MAC 4 -13 NOTE - ASSESSOR'S BLOCK 3 RIVER SECT/ON M. M. 4-25 PARCEL NUMBERS PARCEL MAP P. M. 5/-3 SHOWN IN. CIRCLES PARCEL MAP P.M. 243-49 ' SECT/ON 3O' aa• LAKE ,.1 " ///��� z to O Q /O 3 O 9 BLK. ) � 364 O BQ 7 Os O 4 • 10 J a II la 93' /J )3• O � /4 21 a 20 /B 19 n /35 19 /B 17 • /9 16 20 IS 1, 1A - 12 13 1J 12 TRACTy 93' to AP M ASSESSOR'S BOOK 42R,s MAP WCOUNTY OFORANGE• 9 mv� fo)a MARINERS ESCROW %„-W CIVIC PLAZA The City of Newport Beach Attn: Shirley Oborny City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 RE: 3700 Lake Avenue, Newport Beach, CA 92663 In connection with the above referenced escrow, we enclose the following: Pease sign and return the enclosed item(s) and retain a copy for your records: Amended legal description amendment Plat map not hesitate to call should you have any questions. Escrow Civic Plaza JJ 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949)729.0199 Pax(949) 729.019G Date : December 8, 2000 Escrow No. : 2-2351-MS y • • FAX COVER SHEET DATE: 12/5/00 NO. OF PAGES: 1 plus cover TO: Josie Lopez FAX NUMBER: 714-800-4956 FROM: Shirley Oborny LOCATION: NEWPORT BEACH CITY HALL BUSINESS PHONE: (949) 644-3002 FAX NUMBER: (949) 644-3008 Here's the revision that needs to be made on the lot description. Thanks. • Because the record description of the property is "The Northwest and in order to maintaint he record half of Lots 9 and 10 is suggested: controls, the following modified description All that certain land situated in the State of California, County Newport Beach, described as follows: of Orange, City of recorded in book 4, page 25 of That portion of the Northwest half of Lots 9 and 10 in Block 137 0 River Section, as shown on a Map California, described Miscellaneous Maps, records of Orange County, as follows: Beginning at the most Southerly corner of said IT, half of thence along the Southwesterly line of said Lot 9 North said Lot 9; thence Northwesterly 461 370 13' 30" West 37.00 feet; line of said Lot 9 North 00 °feet parallel with the southeasterly parallel with and 30" East 6.07 feet to a les, from the centerline of 38th measured at right ang No. 88- southerly, in the Office Street, as said centerline is39ho° ofRecordsurveys, map 1006 filed in BReco der ofge39 Orange County, said last mentioned of the county the Sosaidutherly right of way line of 38th Street; parallel line being parallel line and right of way thence along said last mentioned p to its intersection line North 860 57' with the 00" East Lot 1 feet thence Southwesterly along the Northeasterly line of said Lot l0; half of said Lots 9 and'10 Southeasterly line of the Northwesterly beginning. South ast 46' line West 60.Oo feet to the point of beg' S• the fight of w line of 38 Street, Also N e: By g An along ing „out f,,, If thi is not 1 fee to the treet is line" sh ld be underly' g then the rds "and fight of your inte t, removed. NOU-29-2000 09:03 7148354093 96: P.02 i TRANSMISSION REPORT zxx:xxs:::xx:�xx�:�x�xx (TUE) DEC 5 2000 11:28 DOCUMENT # ITIME STORED I TIME SENT I DURATION JPAGE(S)l MODE RESULT 4860040-229 12. 5 11.27 112. 5 11:27 1 28-1 2 JECM OK DESTINATION I DST.TEL # 917148004956 1917148004956 FAX COVER SHEET DATE: 12/5/00 NO. OF PAGES: 1 plus cover TO: Josie Lopez FAX NUMBER: 714-800-4956 FROM: Shirley Oborny LOCATION: NEWPORT BEACH CITY HALL BUSINESS PHONE: (949) 644-3002 FAX NUMBER: (949) 644-3008 Here's the revision that needs to be made on the lot description. Thanks. 11/29/00 18:22 MARINERS ESCROW CIVIC PLAZA 4 9G443008 NO.329 P001/004 • • MARINERS ESCROW CIVIC PLAZA DATE : November 29, 2000 TO: : Shirley Ohorny FAX NO : 644-3008 FROM : Jan for Marilyn #2-2351-MS SUBJECT: 4 Civic Plvc, Sinn Inn NgwpnA lleual,, Culifnmia 92660 Phone (949) 729•0199 Fax (949) 729J)190 FAX TRANSMITTAL TIME: 5:29 PM TOTAL. NUMBER OF PAGES: 4 (INCLUDING THIS PAGE) Copy of Fax Cover and legal with map we received from the Title Company. IF A SIGNATURE IS RhQUIRED, PLEASE. FAX BACK TO: 949-729-0190 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE; O:ONTACT US AT: 949-129.01" IMPORTANT NOTE: Should any of these papers require an ORIGINAL. SIGNATURE, Please take a XEROX CONY BEFORE SIGNING. We will not accept an Original Signature on FAX paper. Thank you for your cooperation In this matter. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL. OR ENTITY TO WHICH IT IS ADDRESSED. AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL, IF THE READER OF TIAS MMSAGE IS NOT TIIC INTFNDF.D RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE. INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICNI ION IS STRICTLY PROHIRYPED. IF YOU HAVE READ THIS COMM UNI(:ATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RCTURN THE ORIGINAL MESSAGE TO US A'r THE. ABOVE ADDRESS VIA'I HE I).S. POSTAL SERVICE. 2-23.5 i -MS 11/29/00 18:22 MRRINERS ESCROW CIVIC PLRZR 4 96443008 _ 11/28�00, 09:47 FAX 7146354093� FATCO TITLE NO.329 P002/004 Q001 7 First American Title Insurance Company 2 FnW AMERICAN WAY, (P. O, 80X 267) SANTA ANA. CALIFORNIA 92707 • (714) 600.3000 FAX TRANSMITTAL DATE: November 29, 2000 TO: MARINERS ESCROW ATTN: MARILYN SAUTER FROM: JOSEPHINE LOPEZ, TITLE OFFICER FIRST AMERICAN TITLE. INSURANCE YOUR REF: 2 2351-MS BORROWER: OUR NO. 2014302 HIS COR IFIDIFFICULTIES OARISE, PLEASE CONTACT USN CONTAINS 3 PAGES, NATU(714)DING T800-4862PAGE- IF RETURN FAX NO. 714-800-4956 SENDING; COPY OF LEGAL DESCRIPTION WHICH HAS BEEN APPROVED, COPY HAS BEEN FAXSD TO ROBIN, CITY ATTORNEY, I AM WAITING FOR THEIR COMMENTS... FAX NUMBER BEING SENT T0: 949 729-0190 11/29/00 18:22 MRRINERS ESCROW CIVIC PLAZA -� 96443009 NO.329 P003/004 714H354093 )1/28/00 08:47 FAX 71483540i* - FATCO TITLE IZ002 Because the record description of the Property is "The Northwest half of Lots 9 and 10 ...", and in order to maintain the record controls, the following modified description is suggested: All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: That portion of the Northwest half of Lots 9 and 10 in Block 137 of River Section, as shown on a Map recorded in book 4, page 25 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the most Southerly corner of said Northwest half of said Lot 9; thence along the Southwesterly line of said Lot 9 North 374 13, 30" West 37.00 feet; thence Northwesterly along a line parallel with the Southeasterly line of said Lot 9 North 520 46' 30" East 6.07 feet to a line parallel with and 17.00 feet Southerly, measured at right angles, from the centerline of 36th Street, as said centerline is shown on Record of Survey Map No. 88- 1006 filed in Book 118, page 39 of Record of Surveys, in the Office of the county Recorder of said orange County, said last mentioned parallel line being the Southerly right of way line of 38th Street; thence along said last mentioned parallel line and right of way line North 860 57' 00" East 65,50 feet to its intersection with the Northeasterly line of said Lot 10; thence Southwesterly along the Southeasterly line of the Northwesterly half of said Lots 9 and 10 South 520 46' 300 West 60.00 feet to the point of beginning. Also Note: By going along the right of way line of 38th Street, underlying fee to the Street is being "cut off". 2f this is not your intent, then the words "and right of way line" should be removed. � ii-ate-6ZC1 07 w "Put? MY I b iRAMO ALN r' f LAAT ✓ IP/i/ElR - �T�ti� si � gFAV - LiLK. ar s �iw� M •.. w�i-A d —� MOO OtOj0D0,111 0 m III Mxr Al '3 BKAW 1AW AW i ' '�S 4Z3' 36 37 AWAW j s Y 0 M . O lama z M w 3 r 4J ACG[EIo/A0 = �_ 32 A 33 AAAACH )AM LAW TRXr AWWR SEMAW ALA( 4-0 MAL 4-25 MOIL, .ASUSSMS Roo i /ARCH MAoin ASS[SSCRS MM 00OK423►AG936 PARCEL MAP P. AI 51-1 SHOWN !4 CN M COLWW Or CUNC[- PAAC'E! MAP P.N. "-49 ro �DblvI COMMI Title • OR-2014302 TTTLE OFFICER - JOSEPHINE M. LOPEZ dent For urance First American Title Insurance Company ' Alta Plain • • OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ First American Title Insurance Company 2 First American Way, Santa Ana, California 92707 (P.O. Box 267, Santa Ana, California 92702) (714) 800-3000 The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 CONDITIONS 2 SCHEDULEA I. Commitment Date 3 2. Policies to be issued, Amounts and Proposed Insureds 3 3. Interest in the Land and Owner 3 4. Description of the Land 3 SCHEDULE B-I -- Requirements SCHEDULE B-2 — Exceptions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing once. Alta Plain • OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY we agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after die Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule ➢-I. The Exceptions in Schedule B-2. The Conditions on Page 2. The Commitment is not valid without SCHEDULE A and Sections I and 2 of SCHEDULE B. First American Title Insurance Company BY � PRESIDENT ATTEST ��'LTi Qt..n/ SECRETARY �altt LE INS 9; ti COUNTERSIGNED oP P B'P 9EPEEMBEA 24, 6� •'•• 196E .t BY JOSEPHINE M. LOPEZ, TITLE OFFICER •.... DIRECT TELEPHONE NUMBER - 714-800.4862 ttthhAN\P FAX NUMBER - 714-800456 PAGE } Alta Plain • OR-2014302 Language Commitment TITLE OFFICER - IOSEPIIINE M. LOPEZ CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Rcords" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or eneumbances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have melts Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Sectionl or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liallity is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its temis. PAGE Alto Plain • • OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ RE: 2-2351-MS SCHEDULE A I. COMMITMENT DATE: OCTOBER 16, 2000 AT 7:30 A.M. 2. POLICY OR POLICIES TO BE ISSUED: OWNERS POLICY: AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS (H9 ON COMMITMENT COVER) POLICY AMOUNT: PREMIUM AMOUNT: PROPOSED INSURED: BRUCE M SIMURDA AND DIANA SIMURDA. $35,000.00 $(TO BE DETERMINED) 3. (a) THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS COMMITMENT IS: A FEE. 3. (b) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS' PAOE3 Alta Plain 0 • OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: THE NORTHWEST HALF OF LOTS 9 AND 10 IN BLOCK 137 OF RIVER SECTION, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PAGE 0 Alm Plain Language Commitment WARNING • OR-2014302 TITLE OFFICER - IOSEPHINE M. LOPEZ "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". PAGE Alta Plain • OR-2014302 Language Conunitment TITLE OFFICER - JOSEPHINE M. LOPEZ SCHEDULE B - SECTION 1 REQUMMENTS THE FOLLOWING REQUIREMENTS MUST BE MET: (A) PAY THE AGREED AMOUNTS FOR THE INTEREST IN THE LAND AND/OR THE MORTGAGE TO BE INSURED. (B) PAY US THE PREMIUMS, FEES AND CHARGES FOR THE POLICY. (C) DOCUMENTS SATISFACTORY TO US CREATING THE INTEREST IN THE LAND AND/OR THE MORTGAGE TO BE INSURED MUST BE SIGNED, DELIVERED AND RECORDED. (D) YOU MUST TELL US IN WRITING THE NAME OF ANYONE NOT REFERRED TO IN THIS COMMITMENT WHO WILL GET AN INTEREST IN THE LAND OR WHO WILLMAKE A LOAN ONTHE LAND WE MAY THEN MAKE ADDITIONAL REQUIREMENTS OR EXCEPTIONS. (E) RELEASE(S) OR RECONVEYANCE(S) OF ITEM(S). (F) OTHER- (G) YOU MUST GIVE US THE FOLLOWING INFORMATION: ANY OFF RECORD LEASES, SURVEYS, BPC. 2. STATEMENT(S) OF IDENTITY, ALL PARTIES. X 3. OTHER- 1. PRIOR TO CLOSE, THIS OFFICE WILL REQUIRE A CORPORATE RESOLUTION FROM CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION AUTHORIZING THIS TRANSACTION AND DESIGNATING WHICH CORPORATE OFFICERS SHALL HAVE THE POWER TO EXECUTE ON ITS BEHALF. (OUR NORMAL REQUIREMENT IS TWO CORPORATE OFFICERS AND CORPORATE SEAL WITH APPROPRIATE ACKNOWLEDGMENTS.) PAGE Alta Plain • • OR-2014302 Language Commitment TITLE OFFICER - JOSEPHINE M. LOPEZ SCHEDULE B - SECTION 2 EXCEPTIONS ANY POLICY WE ISSUE WILL HAVE THE FOLLOWING EXCEPTIONS UNLESS THEY ARE TAKEN CARE OF TO OUR SATISFACTION. THEPRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICEWHICH ISSUED THIS COMMITMENT. 1. TAXES, BONDS AND ASSESSMENTS NOT EXAMINED. TAX AND BOND REPORT TO FOLLOW. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK 151, PAGE 74 OF DEEDS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42 U.S.C. § 3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955. 4. AN UNRECORDED EASEMENT OVER A PORTION OF SAID LAND FOR PUBLIC ROAD PURPOSES (RE -ALIGNMENT OF THIRTY-EIGHTH STREET) AS DISCLOSED BY PHYSICAL INSPECTION. 5. MATTERS AFFECTING THE ISSUANCE OF OUR ALTA POLICY OF TITLE INSURANCE WILL FOLLOW UPON RECORDING OF A VALID NOTICE OF COMPLETION. 6. THE A.L.T.A. POLICY TO BE ISSUED AFTER COMPLETION OF IMPROVEMENTS WILL INCLUDE C.L.T.A. NO. 100 ENDORSEMENT, PROVIDED THERE THEN EXISTS (1) NO VIOLATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, (2) NO ENCROACHMENTS UPON EASEMENT OF ANY IMPROVEMENTS, AND ONLY INSOFAR AS SUCH ENDORSEMENT RELATES TO MATTERS IN THIS REPORT. AC PLATS (CC&RS, IF ANY) ENCLOSED. NOTE 1: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS COMMITMENT WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE. PAGE C� Alta Plain Language Commitment • OR-2014302 TITLE OFFICER - JOSEPIIINE M. LOPEZ NOTE 2: PREMIUM CHARGED FOR TITLE POLICY WILL BE BASE RATE. NOTE 3: WIRING INSTRUCTIONS FOR SUB -ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST COMPANY ACCOUNT #15020 ABA #122241255 114 E. FIFTH STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA, CA 92701 TITLE COMPANY CREDIT TO FIRST AMERICAN-TITLE COMPANY OR-2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT -- CONTACT ESCROW OFFICER FOR WRUNG INSTRUCTIONS PAGE Alta Plain Language Commitment NOTICE • OR 2014302 TITLE OFFICER - JOSEPHINE M. LOPEZ SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB -ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. •tM***0****** NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE 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 BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NONPERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 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 ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. 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 3. 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 ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS, THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE Is A BULKHEAD ]O WATERWAY h MEMO ALTO M b p-- a LAKE n �u� W9-Op fl 4Q, — 9 P Al s ~ y 00 69AC CR.SB 243-49 39 h s' ALL RIVER, l AVE 0 ti M B �• T�'i VC r II R PRJ O M13/-3 R.2 9 i �W/ 1 8O 361 7 O6 OS x(Sd nib 'mn• z�n' xs x]' 37. i --� AVENUE y ]d h el/Fv i^ IKa9 `I 36 r ll IeI b �O B O O O 363 THIRTY-E/GHTN STREET PARK O BATH/NO POOL 'g BALBOA /BAY AVEI 32 MARCH I964 LAKE TRACT M M. 4 - I3 RIVER SECTION M. M. 4 - 25 PARCEL MAP P M. 5I - 3 PARCEL MAP P.M. 243-49 dd .30r 093 /2 /3 - 9S W /4 2i � h /o u 9 4O Is I9 /T IB BLK. KO /35 T /B 17 364 j M • SQ/9 7D 0 s O zo 15 4 O 2/ 14 3 22 b10 13 r , M R I I 2 Id 2J Iz TRACTi SECT/ON36 " 'sr BOULEVARD S —� • T 33 NOTE. ASSESSOR'S BLOCK d ASSESSOR'S MAP PARCEL NUMBERS BOOK423PAGE36 9U SHOWN IN CIRCLES COUNTY OF ORANGE 51 First American Title Insurance Company THIS MAP IS FOR INFORMATION ONLY AND IS NOT APART OF THIS TITLE EVIDENCE Form No. 1066.2 (rev. 10117192) • EXHIBIT A Exhibit A to Commitment LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By P011cy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which .are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii),a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (lv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. lb) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: , (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the data the Insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or Interest Insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. 5. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest insured by their policy or the transaction creating the Interest of the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 'B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed In writing by the Insured claimant to the Company prior to the date such insured.clalmant became an Insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of'ony taxing authontythat levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMSAN LAND TITLE ASSOCIATION LOAN POLO - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to budding and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy or acquired the Insured mortgage and not disclosed in writing by the Insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Insurance Is afforded herein as to any statutory lien for labor or material or to the extent insurance -is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). 4. Unenforce ability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does notlnsure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing (lens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. S. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land, (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by �(a) above, except to the extent that a notice of the exercise thereof ,or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; M resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance Is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. S. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed In whole or In part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Ill) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 0 above are used and the following exceptions to coverage appear in the policy. ' • SCHEDULE • This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. B. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land, (III) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been -recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be.binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; M resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest Insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: I) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (II) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or lb) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Data ' • the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared In the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. Form No. 1491.EAGLE (10198) • Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'SPOLICY OF TITLE INSURANCE - 1998 EXCLUSIONS In addition to the Exceptions In Schedule 8, you are not Insured against loss, costs, attorneys' fees, and expanses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division I. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Data; or b. the taking happened before the Policy Date and is binding an You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c, that result in no loss to You; or d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5, Failure to pay value for Your Title. 6, Lack of a right: a, to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the Land; (111) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof of a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under Insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Insuring provisions 14, 16, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy tints paragraph (d) does not limit the coverage provided under Insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (a) resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4, Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises -out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under Insuring provision 10 of this policy; or lb) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transactionoing the Interest of the mortgage insured by this policy, *son of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the instrument of transfer; or , Od of such recordation of Impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of Invalidity, unenforceabflfty or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A Is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided underinsuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification Is made to the terms of the Insured Mortgage which changes the rate of Interest charged, if the rate of Interest Is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under Insuring provision 7. SCHEDULES This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY — 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULES This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing (lens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records, Part Two: 1. Ervironmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: LONE. mv� fo,)MARINERS ESCROW CIVIC PLAZA The City of Newport Beach Attn: Shirley Oborny City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 RE: 3700 Lake Avenue, Newport Beach, CA 92663 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729.0199 Fax (949) 729.0190 Date : October 24, 2000 Escrow No. : 2-2351-MS Thank you for selecting Mariners Escrow Civic Plaza to process your escrow. The enclosed items are required in your escrow, please review and comply as noted below and return to us as soon as possible. Please sign and return the enclosed item(s) and retain a copy for your records: Escrow Instructions Commission Instructions Complete in full, sign and return the enclosed items: CAL-FIRPTA 590 Form and/or Certificate Sellers Affidavit of Non -Foreign Status Sellers Certification for Real Estate Reporting Requirements Disbursement of Seller's net proceeds Statement of Information Loan Information Sheet IRS 1099 Reporting Form Sign and acknowledge before a Notary Public Exactly as your name(s) appear on the enclosed items: Grant Deed All documents should be signed EXACTLY as your name(s) appear. Should your name(s) be misspelled, sign them correctly and advise us in writing when you return these papers. We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the telephone number(s) referenced above. 4®r� UjMARINERS ESCROW to CIVIC PLAZA The City of Newport Beach Attn: Shirley Obomy City Hall * 3300 Newport Blvd. Newport Beach, CA 92663-3884 RE: 3700 Lake Avenue, Newport Beach, CA 92663 In connection with the above referenced escrow, we enclose the following: Please sign and return the enclosed item(s) and retain a copy for your records: Preliminary report Please do not hesitate to call should you have any questions. Mariners ,Escrow Civic Plaza JJ 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date :,October 24, 2000 Escrow No. : 2-2351-MS 1 OMARINERS ESCROW CIVIC PLAZA 4 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CALIFORNIA 92660 CITY OF NEWPORT BEACH u Office of City Manager (949)644-3002 October 19, 2000 Ms. Marilyn Sauter Escrow Officer Mariners Escrow/Civic Plaza 4 Civic Plaza, Suite 100 Newport Beach, CA 92660 Re: Sell of City -Owned Lot at 38th and Lake Street to Bruce & Diana Simurda Dear Ms. Sauter: Enclosed please find the following documents: $5,000 Check Deposit Vacant Land Purchase Contract Grant of Street and Highway Easement . 30-Day Notice. Please call if you have any questions or need additional information. so Enclosures City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884 13RUCE M. SIMURDA DIANA SIMURDA 5699 3711 1/2 LAKE AVE (949) 548.625o NEWPORT BEACH, CA 926M �, 1 a DateLX7 // 7.d'77 16-66/17.20 Pay to they 617 ,•,1p Order of--m�e�CBCE'oP =3 j,'; '--Dollars 13aitkOf.-Atii¢riCa' Costa mesa Brana6 #0617' Custoin'ersince _ + 64a Wast 101K Strna! �1 C� R 5 m For A',y--r';/— 1: 12 200066 i1:'46`99�0'S'i7711 36 i rt, CALIF O R N I A =1 VACANT LAND PURCHASE CONTRACT ASS 0CIATION AND RECEIPT FOR DEPOSIT Of RREAALTORO" DATE: C.�C;'�/./fi ,�l a;'L?0 at California, RECEIVED FROM 'Buyer').._...,.".,.�o6�ua/ 4to1__a A DEPOSIT OF -- - ._ r -� ._y, ..- ,� f .. - - Dollars'$ + TOWARD THE PURCHASE PRICE 6 F'�"o'"%T..• Dollars $ FOR PURCHASE OF PROPERTY SITUATED IN COUNTY OF California, DESCRIBED AS_ 77'1-_'_ ASSESSORS PARCEL N Y("Property"), ❑ (it Checked:) The attached Manufactured Housing Addendum is Incorporated into this Agreement. 1, FINANCING: THE OBTAINING OFTHE LOANS BELOW IS A CONTINGENCY OFTHIS AGREEMENT. Buyer shall act diligently and in good faith to obtain the designated loans. A. LOAN CONTINGENCY shall remain in effect until; (Check only ONE of the following:) ❑ (1) The designated loans are funded and/or the assumption of existing financing is approved by lender and completed. ❑ (2) _days from acceptance, by which time Buyer shall give to Seller written notice of Buyer's election to cancel this Agreement because of Buyer's inability to obtain: (I) The designated loans, or (II) The approval of assumption of existing financing. If Buyer does not give Seller such notice, the contingency of obtaining the designated loans shall be removed by the method specified in paragraph 15. B. BUYER'S DEPOSIT In the form of 9, personal check, ❑ cashier's check, ❑ other ..$ .<; IA- t I W.- % PAYABLE TO shall be deposited ❑ with Escrow Holder, ❑ into Broker's trust account, or 0- TO BE HELD UNCASHED UNTIL the next business day after acceptance of the offer or ❑ C. INCREASED DEPOSIT within days, shalhbe depositedwith D. BALANCE OF DOWN PAYMENT to be deposited with Escrow Holder within sufficient time to close escrow ............ $ E. FIRST LOAN IN THE AMOUNT OF ..... ................................................. I ............. I ....$ ❑ NEW First Deed of Trust in favor of ❑ LENDER, ❑ SELLER; OR ❑ ASSUMPTION of Existing First Deed of Trust; encumbering the Property, securing a note payable at approximately $ per month, at maximum interest of % fixed rate, or % initial adjustable rate with a maximum lifetime interest rate cap of balance due in years Buyer shall pay loan fees/points not to exceed F. SECOND LOAN IN THE AMOUNT OF...................................................................... $ ❑ NEW Second Deed of Trust in favor of ❑ LENDER, ❑ SELLER; OR ❑ ASSUMPTION of Existing Second Deed of Trust; encumbering the Property, securing a note payable at approximately $ per month, at maximum interest of % fixed rate, or % initial adjustable rate with a maximum lifetime interest rate cap of %, balance due in years. Buyer shall pay loan fees/points not to exceed G. ❑ (If Checked:) MANUFACTURED HOME LOAN In the amount of .................................. On the terms and conditions described in the attachedi Manufactured Housing Addendum (MHA-14). H. ADDITIONAL FINANCING TERMS: ......... �.S $?? +i 1 Y L'`v I, TOTAL PURCHASE PRICE, not including costs of obtaining loans and other closing costs ...... . ......... I ..........$, ;R-4 /1 -./ 1 OBTAINING DEPOSIT, DOWN PAYMENT, and OTHER CLOSING COSTS by Buyer is NOT a contingency, unless otherwise agreed in writing. K. IF THIS IS AN ALL CASH OFFER, Buyer shall, within 5 (or ❑ _) days from acceptance, provide toSellerwritten verification of sufficient funds to close this transaction. Seller may cancel this Agreement in writing within 5 (or ❑ _) days: (1) after receipt of the funds verification, If Seller disapproves it; or (2) after the time to provide the funds verification expires, if Buyer fails to provide it. L. LOAN APPLICATIONS; PREQUALIFICATION: (1) For NEW and ASSUMED lender financing: Within 10 (or❑days from acceptance, Buyer shall provide to Seller a letter from lender stating that, based on a review of Buyer's written application and credit report, Buyer Is prequalified for the NEW and/or ASSUMED loans Indicated above. If Buyer fails to provide such letter within that time, Seller may cancel this Agreement in writing. (2) For SELLER financing: Within 5 (or ❑ ) days from acceptance: (a) Buyer shall submit to Seller a completed loan application on FNMA/FHLMC Uniform Residential Loan Application; (b) Buyer authorizes Seller and/or'Brokers to obtain, at Buyer's expense, a copy of Buyer's credit report; and (c) Buyer shall provide any supporting documentation reasonably requested by Seller. Seller may cancel this Agreement in writing if Buyer fails to provide such documents within that time, or if Seller disapproves the application, credit report, or supporting documentation within 5 (or ❑ _) days from receipt of those documents. M. EXISTING LOANS: For existing loans to be taken over by Buyer, Seller shall, within the time specified in paragraph 15, provide to Buyer copies of all applicable notes and deeds of trust, loan balances, and current Interest rates. Buyer shall, within the time specified in paragraph 15, provide written notice to Seller of any Items reasonably disapproved. Differences between estimated and actual loan balances shall be adjusted at close of escrow by ❑ cash down payment, ❑ seller financing, or ❑ Impound accounts, if any, shall be assigned and charged to Buyer and credited to Seller, (or if checked:) ❑ N. ❑ (If Checked:) SUBORDINATION: Seller financing shall be subordinate to a subsequent loan, to be -obtained by Buyer, in an amount not to exceed $ . NOTE: Buyer and Seller are advised to consult legal counsel to discuss the details arid -consequences of a Subordination Agreement. Buyer and Seller acknowledge re�pt of -cop gLthis page , which constitutesJ°age 1 of Pages. Buyer's Initials 4~:, Seller's Initials --fir- THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.AR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROILER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means, Including facsimlie-orcomputerized formats. Copyright Q 1996-1997, CALIFORNIA ASSOCIATION OF REALTORSO ®i Published and Distributed by: OFFICE USE ONLY REAL ESTATE BUSINESS SERVICES, INC. Reviewed by Broker a subsldlaryofthe CALIFORNIA ASSOCIATION OFREALTORS'm or Designee 525 South Virgil Avenue, Los Angeles, California 90020 Date ° ENALUNSING PRINTDATE R MAY 97SELLER'S COPY A", Property Property Date feo/ L) 0. ADDITIONAL SELLER FINANCING TERMS: The following termg apply ONLY to financing extended by Seller under this Agreement. The maximum interest rate specified In paragraphs 1E and/or 1F above, as applicable, shall be the actual fixed interest rate for Seller financing. Buyer's promissory note, deed of trust, and other documents, as appropriate, shall Incorporate and Implement the following additional terms: (1) Deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (2) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to close of escrow and at any future time if requested by Seller; (3) Note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law, at Seller's option, upon the sale or transfer of the Property or any Interest in it; (4) Note shall contain a late charge of 6% of the installment due, (or ❑ ), if the Installment is not received within 10 days of the date due; (5) Title Insurance coverage in the form of a joint protection policy shall be provided Insuring Seller's deed of trust Interest in the Property. Any increased cost over owner's -policy shall be paid by Buyer; (6) Tax Service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid; (7) The addition, deletion, or substitution of any person or entity under this Agreement, or to title, prior to close of escrow, shall require Seller's prior written consent. Seller may grant or withhold consent in Seller's sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the originally named Buyer. Seller and/or Brokers may obtain a credit report, at Buyer's expense, on any such person or entity; (8) Buyer and Seller shall each provide to the other, through escrow, their Social Security Numbers or Taxpayer Identification Numbers. 2. ALLOCATION OF COSTS: (Check boxes which apply) CLOSING COSTS: A.y,i(��(. Buyer, ❑ Seller, to pay County transfer tax or transfer fee. B. Buyer, Buyer, ❑ Seller, to pay City transfer tax or transfer fee. C./ ` Buyer, ❑ Seller, to pay Owner's Association transfer fee. D. Buyer, ❑ Seller, to pay for owner's title insurance policy. E./��� Buyer, ❑ Seller, to pay Escrow 91V Escrow Holder shall be SEPTIC/SEWER/WELL COSTS: F. ❑ Buyer, ❑ Seller, to pay to have existing septic system(s) Inspected. G. ❑ Buyer, ❑ Seller to pay for costs of testing to determine the suitability of soil for sewage disposal (example: profile hole, percolation test, leach lines, etc.). H. ❑ Buyer, ❑ Seller, to pay for sewer connection, if required by law in effect prior to close of escrow. I. ❑ Buyer, ❑ Seller, to pay to have existing well(s) tested for productivity, recovery rate and.potabllity. OTHER COSTS: J. V Buyer, ❑ Seller, to pay for costs of reports Identifying whether Property is located within a Geologic, Seismic, Flood Hazard Zone or State Responsibility Area. r K. �('a' Buyer, ❑ Seller, to pay costs, if any, of identifying Property corners. L. ❑ Buyer, ❑ Seller, to pay 3. ESCROW., Escrow shall close ❑ _ days from acceptance, or ❑ on , 19 _.This Agreement shall, to the extent feasible, constitute escrow Instructions of Buyer and Seller. Escrow instructions consistent with this Agreement shall be signed by Buyer and Seller and delivered to the designated Escrow Holder, ❑ within days from acceptance, ❑ at least days before close of escrow, ❑ or . Escrow instructions may include matters required to close this transaction which are not covered by this Agreement. The omission from escrow instructions of any provision ip this Agreement shall not constitute a waiver of the provision or the contractual rights or obligations of any party. Any change in terms or provisions of this Agreement requires the mutual, written consent of Buyer.aud Seller. Buyer and Seller hereby jointly Instruct Escrow Holder and Brokers: (a) That Buyer's deposits placed Into bscrow or Into Broker's trust account shall be held as a good faith deposit toward the completion of this transaction; and (b) To pay compensation due Brokers under this Agreement. Release of Buyer's funds will require mutual, signed release Instructions from both Buyer and Seller, judicial decision, or arbitration award. 4. POSSESSION AND KEYS: Seller shall deliver possession and occupancy of the Property to Buyer, ❑ on the date of close of escrow at AM/PM, or ❑ no later than days after date of close of escrow at AM/PM, or ❑ ..� Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all Property locks and mailboxes. 5. TITLE AND VESTING: Buyer shall be provided a current preliminary (title) report covering the Property. Buyer shall, within the time specified in paragraph 15, provide written notice to Seller of any Items reasonably disapproved. At close of escrow: A. Title to the Property shall be transferred by grant deed (or, for stock cooperative, by assignment of stock certificate), and shall Include OIL, MINERAL, and WATER rights, if currently owned by Seiler, unless otherwise agreed In writing. B. Title shall be free of liens, except as provided in this Agreement. C. Title shall be subject to all other encumbrances, easements, covenants, conditions, restrictions, rights and other matters, which are either: (1) Of record and shown In the preliminary (title) report, unless disapproved in writing by Buyer within the time specified in paragraph 15: or (2) Disclosed to or discovered by Buyer prior to the close of escrow, unless disapproved in writing by Buyer within the time specified in paragraph 15. D. Buyer shall be provided a standard coverage owner's policy (CLTA or ALTA with regional exceptions). Seller makes no representation regarding the existence of (1) Unpatented mining claims, (2) Reservations or exceptions In patents or in Acts authorizing the Issuance thereof, or (3) Water rights or claims to title to water. NOTE: (a) A preliminary (title) report Is only an offer by the title Insurer to Issue a policy of title insurance and may not contain every Item affecting title. (b) An American Land Title Association (ALTA) owner's policy may provide greater protection for Buyer at a higher cost than either CLTA or ALTA with regional exceptions title policies. (c) The designated title company can provide information, at Buyer's request, about availability and desirability of various title Insurance coverages. (d) If Buyer desires an ALTA owner's policy or other title coverage, Buyer shall so instruct Escrow Holder and pay the increased cost, if any, over either CLTA or ALTA with regional exceptions policies. (a) ALTA LENDER'S title insurance policy, if required, shall be paid by Buyer. (f) Seller financing provides for a joint protection policy. (g) Title shall vest as designated in Buyer's escrow Instructions. (THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. BUYER SHOULD GIVE THIS MATTER SERIOUS CONSIDERATION.) 6. PRORATIONS: A. Real property taxes and assessments, Interest, rents, and premiums on Insurance assumed by Buyer shall be PAID CURRENT and prorated between Buyer and Seller, as of the date of close of escrow, (or if checked:) ❑ B. THE PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECTTHE TAXES TO BE PAID. Any supplemental tax bills shall be paid as follows: (1) For periods after close of escrow, by Buyer (or by final acquiring party, If part of an exchange); and (2) For periods prior to close of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. C. Payments on Mello -Roos and other Special Assessment District bonds and assessments, and Owners' Association special assessments: (1) Which are of record, whether or not they are currently a lien, and are not yet due, shall be assumed by Buyer; or (2) Which are now a lien, and are currently due, shall be PAID CURRENT and prorated between Buyer and Seller as of the date of close of escrow. OFFICE USE ONLY Buyer and Seller acknowledge rec Jpt o py�of this page. which constf- Pages. Reviewed by itut Y age 2pBroker Buyer's Initials �( Y? ) Seller's lnitals� or Designee Date Pom"I° NITYv PRINT DATE R MAY 97 SELLER'S COPY W,."fM erope&ty Address Date 10/JI2000 7. BUYER'S INVESTIGATIONS: Buyer's acceptance of the condition of the Property Is a contingency of this Agreement. Buyer shall have the right to conduct inspections, investigations, tests, surveys, and other studies ("Inspections") at -Buyer's expense. Buyer shall, within the time period specified In paragraph 15, complete these Inspections and notify Seiler in writing of any items disapproved. Buyer is strongly advised to exercise lhese.rights and to make Buyer's own selection of professionals with appropriate qualifications to conduct Inspections of the entire Property. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO,LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS WHICH ARE NOT READILY APPARENT AND WHICH MAY AFFECTTHE VALUE OR DESIRABILITY OFTHE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. Seller shall make -the Property available for all Inspections. As to these Inspections, Buyer shall: (a)•Keep the Properly free and clear of liens; (b) Indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs; and, (c) Repair all damages arising from the Inspections. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of, liability, worker's compensation and other applicable Insurance protecting Seller from injuries occurring during any work done on the Property at Buyer's direction, prior to close of escrow. Seller Is advised that certain protections may be afforded Seller by recording a notice of non -responsibility for work done on the Property at Buyer's direction. No Inspections may be made by any governmental building orzoning Inspector or government employee without the prior written consent of Seiler, unless required by local law. Buyer shall provide to Seller, at no cost,.upon request of Seller, complete copies of all inspection reports obtained by Buyer concerning the Property. - BUYER IS STRONGLY ADVISEDTO INVESTIGATETHE CONDITION AND SUITABILITY OF ALL ASPECTS OFTHE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OFTHE PROPERTY, INCLUDING, BUT NOT LIMITEDTO,THE FOLLOWING: A. SIZE: Square footage and lot size. (Any numerical statements regarding these items are APPROXIMATIONS ONLY, and have not been and will not be verified, and should not be ratted upon by Buyer.) B. LINES AND BOUNDARIES: Property lines and boundaries, septic and leach lines. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily Identify true Property boundaries. Property lines may be verified by survey.) C. ZONING AND LAND USE: Inquiries, Investigations, studies or any other means, concerning past, present, or proposed laws, ordinances, referendums, initiatives, voles, applications and permits affecting the current use of the Property, Buyer's Intended use of the Property, future development, zoning, building, size, governmental permits and Inspections. D. UTILITIES AND SERVICES: Avallabllily, costs, and restrictions of utilities and services, Including but not limited to, sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage. E. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including but not limited to, asbestos, formaldehyde, radon, methane, other gases, lead -based paint, other lead contamination, fuel or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products or conditions. F. PROTECTED SPECIES OR PROPERTIES: Presence of endangered, threatened, "candidate" species or wetlands on the Property. G. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage. H. PROPERTY CONDITION: Any structural and non-structural systems and components and any personal property Included in the sale. I. RENT AND OCCUPANCY CONTROL: Some cities and counties Impose restrictions which may limit the amount of rent that can lawfully be charged, and/or the maximum number of persons who can lawfully occupy the Property. J. NEIGHBORHOOD, AREA, AND SUBDIVISION CONDITIONS: Neighborhood or area conditions including Agricultural Use Restrictions, Right To Farm laws, proximity to commercial, industrial or agricultural activities, fire protection, other governmental services, existing and proposed transportation, construction, and development which may affect noise, view, traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, facilities and condition of common areas of common interest subdivisions and possible lack of compliance with any Owners' Association requirements, proximity and adequacy of school and/or law enforcement and crime statistics. K. PERSONAL FACTORS: Conditions and influences of significance to certain cultures and/or,religions, and personal needs,.requirements, and preferences of Buyer. L. VERIFICATION: Brokers have not and will not verify any of the items above, unless otherwise agreed in writing. 6. A. RENTAL AND SERVICE AGREEMENTS: Within the time specified in paragraph 15, Seller shall make available to Buyer for Inspection and review, all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation or use of the Property. Buyer shall notify Seller in writing, within the time specified in paragraph 15, of Buyer's disapproval of such documents. B. ESTOPPEL CERTIFICATES: Seller shall immediately send to all tenants written requests for estoppel certificates acknowledging that tenant's rental or lease agreements are unmodified and In full force and effect, or if modified, stating all such modifications. Seller shall provide Buyer, within the time specified In paragraph 15, with all such estoppel certificates received back from tenants. Buyer shall notify Seiler in writing, within the time specified in paragraph 15, of Buyer's disapproval. C. CHANGES DURING ESCROW: Prior to close of escrow, Seller agrees not to: (1) Rent or lease any part of the Property; (2) Alter, modify or extend any existing rental or lease agreement; or (3) Enter Into, alter, modify or extend any service contract(s), without first having obtained Buyer's written approval, which shall not be unreasonably withheld. S. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (A) Federal, stale, and local legislation Impose liability upon existing and former owners and users of real property in applicable situations for certain legislatively defined environmentally hazardous substances; (B) Broker has made no representation concerning the applicability of any such law to this transaction to Buyer or Seller, except as otherwise Indicated In this Agreement; (C) Broker has made no representation concerning the existence, testing, discovery, location and evaluation of or for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and, (D) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location, and evaluation of or for, and risks posed by, environmentally hazardous substances, if any, located an or potentially affecting the Property. 10. CODE AND LEGAL VIOLATIONS: Seller represents that Seller has no actual knowledge of any notice filed or issued against the Property, or of violations of city, county, state, or federal building, zoning, fire, or health laws, EXCEPT: . If Seller receives notice, or is made aware of any such violations prior to close of escrow, Seller shall Immediately notify Buyer In writing. Buyer shall, within the time specified in paragraph 15, provide written notice to Seller of any Items disapproved. 11. PROPERTY DISCLOSURES: When applicable to the Property and required by law, Seller shall provide to Buyer the following disclosures, and Information within the time specified In paragraph 15. Buyer shall then, within the time specified in paragraph 15, investigate the disclosures and Information, and provide written notice to Seller of any item disapproved. A. GEOLOGIC, EARTHQUAKE AND SEISMIC HAZARD ZONES DISCLOSURE: Whether the Property i& located in an Earthquake Fault Zone (Special Studies Zone)(EFZ), (Public Resources Code §§2621-2625); Seismic Hazard Zone (SHZ), (Public Resources Code §§2690.2699.6), or in a locally designated geologic, seismic, or other hazard zone or area where disclosure is required by law. (Geologic, Seismic and Flood Hazard Disclosure (C.A.R. Form GFD-14) shall satisfy this requirement.) Construction or development of any structure may be restricted in such zones. Disclosure of EFZs and SHZs is required only if maps, or information contained in such maps, are "reasonably available" (Public Resources Code §§2621.9(c)(1) and 2694(c)(1)). OFFICE USE ONLY f Buyer and Seller acknowledge cefpt of cop pd:Ibis.page, which consJitgt s of Pages. Reviewed by Broker ` or Designee Buyer's Initia� i) Seller's Initais (1� (—� x=NG Date Drew uxm PRINT DATE r, L R MAY 97 SELLER'S COPY VACANT LAND PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT (VLD-14 PAGE 3 OF 6) REVISED 10/96 P � Yf rY Property.Address fit `` 1 'e'-•—� / Date 0/w/lzo B. SPECIAL FLOOD HAZARD AREAS: Whether the Property is located in a Special Flood Hazard Area designated by the Federal Emergency Management Agency (FEMA). (Geologic, Seismic and Flood Hazard Disclosure (C.A.R. Farm GFD-14) shall satisfy this requirement.) Government regulations may impose budding restrictions and requirements which may substantially impact and limit construction and remodeling of Improvements in such areas. Flood insurance may be required by lender. In addition, Seller will notify Buyer if Seller has received federal flood disaster assistance on the Property, in which case, Buyer will be required to maintain flood insurance. Buyer is responsible for making further Inquiries at Buyer's lender, Insurance agent, or other appropriate entitles. C. STATE FIRE RESPONSIBILITY AREAS: Whether the Property is located in a State Fire Responsibility Area, (Public Resources Code §4136) Government regulations may Impose building restrictions and requirements which may substantially impact and limit construction and remodeling of Improvements in such areas. Disclosure of these areas is required only if the Seller has actual knowledge that the Property is located in such an area or if maps of such areas have been provided to the county assessor's office. D. MELLO-ROOS: Whether the Property is in an area subject to a special tax levied pursuant to a Mello -Roos Community Facility Act. Seller's only obligation is to make a good faith effort to obtain a disclosure notice from any local agencies which levy such a special tax on the Property. E. COMMON INTEREST SUBDIVISION: if the Property is a unit in a planned development or other common interest subdivision: (1) The current regular Owners' Assoclation ("IDA") dues/assessments are $ , paid ❑ Monthly, or ❑ (2) Seller shall, within the time specified in paragraph 15, request and provide to -Buyer any known pending special assessments, claims, or litigation; copies of covenants, conditions, and restrictions; articles of incorporation; by-laws; other governing documents; most current financial statement distributed; statement regarding limited enforceability of age restrictions, if applicable; current CA statement showing any unpaid assessments; any other documents required by law; and the most recent 12 months of OA minutes, if available: Cost of obtaining those Items shall be paid by Seller. Buyer shall, within the time specified in paragraph 15, provide written notice to Seller of any items disapproved. (3) Buyer may be required to obtain OA approval for any proposed construction on the Property. 12. DISCLOSURE OF KNOWN MATERIAL CONDITIONS: Seller, within the time specified in paragraph 15, shall disclose to Buyer the existence of any of the Items below of which Seller has actual knowledge. Buyer shall, within the time.specified in paragraph 15, provide written notice of any items reasonably disapproved. A. Whether the Property Is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§51200-51295), B. Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code §3482.5 and §3482.6). C. Presence of endangered, threatened,'candidate'species, or wetlands on the Property. D. Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead - based paint, fuel or chemical storage tanks, and contaminated soil or water on lhe'Property. E. Features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, whose use or responsibility for maintenance may have an effect on the Property. F. Any encroachments, easements or similar matters that may affect the Property. G. Fill (compacted or otherwise), or abandoned mining operations on the Property. H. Any slippage, sliding, flooding, drainage, grading, or other soil problems. I. Major damage to the Property or any of the structures from fire, earthquake, floods, or landslides. J. Any zoning violations, nonconforming uses, or violations of "setback" requirements. K. Neighborhood noise problems, or other nuisances. L CC&R's, or other deed restrictions or obligations. M. Any lawsuits by or against Seller, threatening to or affecting Property, Including any lawsuits alleging a defect or deficiency in this Property. 13. SUBSEQUENT DISCLOSURES: In the event Seller, prior to close of escrow, becomes aware of adverse conditions materially affecting the Property, or any material Inaccuracy In disclosures, information, or representations previously provided to Buyer, Seller shall promptly provide a written supplemental or amended disclosure covering those Items. Buyer shall, within the time specified in paragraph 16, provide written notice of any Items reasonably disapproved. 14. CONDITION OF PROPERTY: Property shall be maintained.in substantially the same cone illori as on the date of acceptance. Buyer has the right and Is advised to inspect the Property prior to close of escrow to ensure that it has been so maintained. All debris and personal property not included In the sale shall be removed. 15. TIME PERIODS; SATISFACTION/REMOVAL OF CONTINGENCIES; DISAPPROVAWCANCELLATION RIGHTS: A. TIME PERIODS: The following time periods shall apply, unless otherwise agreed in writing: (1) BUYER has 21 (or 0 days from acceptance to complete all Inspections, Investigations, and review of documents and other applicable information, and to either disapprove in writing any items which are unacceptable to Buyer, or to remove the contingency associated with such disapproval right by the active or passive method, as specified below. (2) SELLER has 7 (or ❑ days from acceptance to provide Buyer the following Items, if applicable: Existing Loan Documents(paragraph 1); Property Corner Identification (paragraph 2); Septic System Report (paragraph 2); Soil Suitability Report (paragraph 2); Well System Reports (paragraph 2); Preliminary (Title) Report (paragraph 5); Rental and Service Agreements (paragraph 8); Estoppel Certificates (paragraph 8); Geologic/Earthquake/Seismic/Flood/State Fire Responsibility Zones or Areas Disclosures (paragraph 11); Mello -Roos Disclosures (paragraph 11); Common Interest Subdivision Documents (paragraph 11); and, Known Material Conditions Disclosures (paragraph 12). (3) Buyer has 7 (or 0 _� days from receipt of: (i) Each of the items in paragraph 15A(2) above; (if) Code And Legal Violations (paragraph 10); and, (ill) Subsequent Disclosures (paragraph 13); to either disapprove in writing or remove the contingency associated with such disapproval right by the active or passive method, as specified below. B. PASSIVE OR ACTIVE CONTINGENCY REMOVAL: (1) 0 ACTIVE METHOD (If checked): Contingencies and disapproval rights must be removed or exercised in writing by the party who has the contingency or disapproval right. If Buyer does not give to Seller written notice of Items reasonably disapproved, removal of contingencies, or cancellation (based on any cancellation right of Buyer), within the strict time periods specified, then Seller shall have the right to cancel this Agreement by giving written notice to Buyer. (2) PASSIVE METHOD (Applies UNLESS Active Method is checked): Contingencies and disapproval rights are removed automatically at the end of the time provided, unless a written notice of disapproval or of Inability to meet the contingency is given by the party who has the contingency or disapproval right. If Buyer does not give to Seller written notice of items reasonably disapproved, removal of contingencies, or cancellation (based on any cancellation right of Buyer), within the strict time periods specified, Buyer shall be deemed to have removed or waived the contingency, as well as the right to take those actions. (3) EFFECT OF CONTINGENCY REMOVAL: if Buyer removes or waives any contingency by the active or passive method, as applicable, Buyer shall conclusively be deemed to have: (a) Completed all Inspections, Investigations, review of applicable documents and disclosures pertaining to that contingency; (b) Elected to proceed with the transaction; and (c) Assumed all liability, responsibility, and expense for repairs or corrections pertaining to that contingency, (or for inability to obtain financing, if the contingency pertains to financing), except for any items which Seller has agreed in writing to assume the responsibility or expense of repair. OFFICE USE ONLY Buyer and Seller acknowledge rEc rpt of c��f- Is page, which constit t�s•� 4 of Pages. Reviewed by Broker Buyer's initial �- eller'sInitals( or Designee_PRINT rwuxawxx r Date erroeruerrr R MAY 97� SELLER'S COPY ,1 q Property Address Date (4) SELLER'S RESPONSE TO BUYER'S DISAPPROVALS (Applies to both active and passive method): Seller shall have 5 (or ❑ days from receipt of Buyer's written notice of Items reasonably disapproved to respond in writing. If Seller refuses or is unable to repair or correct any Items reasonably disapproved by Buyer, or does not respond within the strict time period specified, Buyer shall have 3 (or p _) days after receipt of Seller's response, or after expiration of the time for Seller to respond, whichever occurs first, to cancel this Agreement in writing. C. CANCELLATION OF SALEIESCROW; RETURN OF DEPOSITS: If Buyer or Seller gives written NOTICE OF CANCELLATION pursuant to rights duly exercised under paragraphs 1, 2, 5, 7, 8, 10, 11, 12, and 13, the deposits, less costs and fees as applicable, shall be returned to Buyer. In the event of cancellation, Buyer and Seller must sign mutual Instructions to cancel the sale and escrow and release deposits. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. 16. TAXWITHHOLDING: A. Under the Foreign Investment in Real Property Tax Act (FIRPTA), IRC §1445, every Buyer must, unless an exemption applies, deduct and withhold 10% of the gross sales price from Seller's proceeds and send it to the Internal Revenue Service, if the Seller Is a "foreign person" under that statute. B. Under California Revenue and Taxation Code §18662, every Buyer must, unless an exemption applies, deduct and withhold 3113% of the gross sales price from Seller's proceeds and send it to the Franchise Tax Board, if Seller has a last known address outside of California or If Seller's proceeds are to be paid to Seller's financial intermediary. C. Penalties may be Imposed on a responsible party for non-compliance with the requirements of these statutes and related regulations. Seller and Buyer agree to execute and deliver any Instrument, affidavit, statement, or Instruction reasonably necessary to carry out these requirements, and to the withholding of tax under those statutes, if required. (Seller's Affidavit of Non -foreign Status and/or California Residency (C.A.R. Form AS-14), or Buyer's Affidavit (C.A.R. Form AB-11), if applicable, shalleatisfy these requirements.) 17. MEDIATION OF DISPUTES: Buyer and Seller agree to mediate any dispute or claim arising between them out of this contract, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. In addition, Buyer and Seller agree to mediate disputes or claims Involving either or both Brokers, consistent with this provision, provided either or both Brokers shall have agreed In writing to such mediation prior to or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate In mediation shall not result in Brokers being deemed parties to the purchase and sale Agreement. IF ANY PARTY COMMENCES AN ARBITRATION OR COURT ACTION BASED ON A DISPUTE OR CLAIM TO WHICH THIS PARAGRAPH APPLIES WITHOUT FIRST ATTEMPTING TO RESOLVE THE MATTER THROUGH MEDIATION, THEN IN THE DISCRETION OF THE ARBITRATOR(S) OR JUDGE, THAT PARTY SHALL NOT BE ENTITLED TO RECOVER.ATTORNEY'S FEES, EVEN IF THEY WOULD OTHERWISE BE AVAILABLE TO THAT PARTY IN ANY SUCH ARBITRATION OR COURT ACTION. This mediation provision applies whether or not the Arbitration of Disputes provision is Initialed. Exclusions are listed In paragraph 19. 18. ARBITRATION OF DISPUTES: (If Initialed by Buyer and Seller:) Buyer and Seller agree that any dispute or claim In law or equity arising between them out of this contract or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. In addition, Buyer and Seller agree to arbitrate disputes or claims Involving either or both Brokers, provided either or both Brokers shall have agreed In wrl(ing to such arbitration prior to or within a reasonable time after the dispute or claim Is presented to Brokers. Any election by either or both Brokers to participate In arbitration shall not result In Brokers being deemed parties to the purchase and sale Agreement. The arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. Exclusions are listed in paragraph 19. "NOTICE: BY INITIALING IN THE SPACE BELOWYOU 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 INITIALING IN THE SPACE BELOWYOU ARE GIVING UPYOUR JUDICIAL RIGHTSTO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IFYOU 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 AGREETO SUBMIT DISPUTES ARISING OUT OFTHE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials _ I Seller's Initials _ I 19. EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration hereunder: (a) A judicial or non -judicial foreclosure or other action or proceeding to enforce 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, bankruptcy or small claims court; and, (e) 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 court 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 violation of the Mediation of Disputes and Arbitration of Disputes provisions. 20. LIQUIDATED DAMAGES: (If initialed by all parties:) Buyer's Initials _ . Seller's Initials _ I Buyer and Seller agree that If Buyer fails to complete this purchase by reason of any default of Buyer: A. Seller shall be released from the obligation to sell the Property to Buyer. B. Seller shall retain, as liquidated damages for breach of contract, the total deposit(s) actually paid. C. In the event of a dispute, funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. 21. OTHER TERMS AND CONDITIONS: 22. ATTORNEY's FEES: In any action, proceeding or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable atiorney's fees and costs from the non -prevailing Buyer or Seller, except as provided In paragraph 17. _ OFFICE USE ONLY Buyer and Seller acknowledge-recpipt o UoOls-page, which cons ituta P '5 of Pages. Reviewed by Broker Seller's orDesignee _ Buyer's initlaly s� Date `a DIMININ PRINT GATE a� R MAY`97^ SELLER'S COPY VACANT LAND PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT (VLD-14 PAGE 5 OF 6) REVISED 10/96 Property Address +� Date 23. DEFINITIONS: As used in this Agreement: A. "DAYS" means calendar days, unless otherwise requited by law; B. "DAYS FROM ACCEPTANCE" means the specified number of calendar days after acceptance of the offer or final counteroffer is communicated to the other party as specified in paragraph 26, not counting the calendar date on which acceptance Is communicated; C. "CLOSE OF ESCROW" means the date the grant deed, or other evidence of transfer of title, Is recorded; �D. SINGULAR and PLURAL terms each include the other, when appropriate. 24. 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 terms and that no extrinsic evidence whatsoever may be introduced in any Judicial or arbitration proceeding, if any, Involving this Agreement. This Agreement may not be extended, amended, modified, altered, or changed In any respect whatsoever except In writing signed by Buyer and Seller. 25. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent: is the agent of (check one): _ (Print Firm Name) ❑ the Seller exclusively; or ❑ both the Buyer and Seller. Selling Agent: (If -not same as Listing Agent) is the agent of (check one): (Print Firm Name) , ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. Real,Estate Brokers are not parties to lhe,purchase and sale Agreement between Buyer and Seller. 26. OFFER: This is an offer to purchase the Property. All paragraphs with spaces for Initials by Buyer and Seller are Incorporated in this Agreement only If Initialed by all parties. if at least, one but not all parties Initial, a counter offer is required until agreement is reached. Unless acceptance is signed by Seller, and a signed copy delivered in person, by mall, or facsimile, and personally received by Buyer, or by , who Is authorized to receive it, by , 19 _ at—AM/PM, the offer shall be deemed revoked and the deposit shall be returned. Buyer and Salter acknowledge that Brokers are not parties to the purchase and sale Agreement. Buyer has read and acknowledges receipt of a copy of the offer and agrees to the above confirmation of agency relationships. If this offer Is accepted and Buyer subsequently defaults, Buyer maybe responsible for payment of Brokers' compensation.Thls Agreement and any supplement, addendum, or modification, including any photocopy or facsimile, may be signed in two or more counterparts, all of which shall constitute one and the same writing. Buyer and Seller acknowledge and agree that Brokers: (a) Do not guarantee the condition of the Property; (b) Shall not be responsible for defects or adverse conditions that are not known to Broker(s); (c) Have not and will not identify Property corners or boundary lines; (d) Will not provide legal or tax advice; (a) Will not provide other advice or Information that exceeds the knowledge, education and experience required to obtain a real estate license; and (f) Have advised Buyer and Seller to seek legal, tax, and other desired assistance applicable to this transaction from appropriate professionals. 5� Receipt for deposit Is acknowledged, and agency relationships are confirmed as above. Real Estate Broker (Selling) (Print Firm Name) By Address _ Telephone Fax ACCEPTANCE The undersigned Seller accepts the above offer, agrees to sell the Property on the above terms and conditions (If checked: ❑ SUBJECTTO ATTACHED COUNTER OFFER), and agrees to the above confirmation of agency relationships. Seller agrees to pay compensation for services as follows: to , Broker, and to Broker, payable: (a) On recordation of the deed or other evidence of title; or (b) If completion of sale is prevented by default of Seller, upon Seller's default; or (c) If completion of sale is prevented by default of Buyer, only if and when Seller collects damages from Buyer, by suit or otherwise, and then in an amount equal to one-half of the damages recovered, but hot to exceed the above compensation, after first deducting title and escrow expenses and the unreimbursed expenses of collection, if -any. Seller hereby Irrevocably assigns to Brokers such compensation from Seller's proceeds and Irrevocably Instructs Escrow Holder to disburse those funds to�Brokers at close of escrow. Commission Instructions can be amended or revoked only with the prior written consent of Brokers. In any action, proceeding, or arbitration relating to the payment of such compensation, the prevailing party shall be entitled to reasonable attorney's fees and costs, except as provided In paragraph 17, The undersigned Seller has read and acknowledges receipt of a copy of this Agreement, and authorizes Brokers to deliver a signed copy to Buyer. SELLER SELLER Agency relationships are confirmed as above. Real Estate Broker (Listing) (Print Firm Name) _ By Address _ Telephone _ (-/_-j (Initials) Date Date Date Fax ACKNOWLEDGMENT OF RECEIPT: Buyer, or the person authorized in paragraph 26, acknowledges receipt of signed acceptance on (date) at AM/PM. This form Is available for use by the entire real estate Industry. It Is not Intended to Identify the user as a REALTOR& REALTORS Is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSS who subscdbe to Its Code of Ethics. Page 6 of Pages. RMnv eii6 SELLER'S COPY VACANT LAND PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT OFFICE USE ONLY Reviewed by Broker or Designee Dateo�oniu°n "I L ONTRACT SUPPLEMENT/ADDENt THIS IS INTENDEDTO'BEA LEGALLY BINDING CONTRACT: READ IT CAREFULLY. ❑ CALIFORNIA ASSOCIATION OF REALTORS's(CAR) STANDARD FORM The following terms and conditions are hereby incorporated in and made apart of the: O Real Estate Purchase Contract and Receipt for Deposit, ❑ Mobile Home Purchase Contract and Receipt for Deposit, ❑ Business Purchase Contract and Receipt for Deposit, ❑ other dated CI' 1 -00 S on property known as hart rri%t half of: lot:; 9 s lf., i n Ialr,c': 1 37 in which •fu�c csti00 ^r„n„ ^ir, frartAnrl 0140I.SlAtirrla.is referred to as Buyer and r i to of 17�-'P;frt 6Na+h is referred to as Seller. 7Lt )r i - ip'• wco =rty rit '�%11 La%c hcepuc n'3 r1ppi^te i on 117tn-•7c9 rlrimi n'. 'Thin ,EPer i^ ubjoet to t`,i2 31,proval of tNe f'it-r i^ null an-1 void TTithelit 'nlch approvnl •I "J-o olljjv�zz to a 30-4,11 tfTLnC^ t.) be J'yic1 to 01>✓ ors"e+l)7. 1, "•?•` reUti7j5 Tloy,le al-0 1" yc'rl^ :�orclsora_ 4-Thin off r i it,big,ot to t' Iu nn -i ni,prouril ar q 3-t^)iit i .•9i;'ka[16 }li3`8ee TToAd C,lhiap sAA lot with `hi a'lj•frp t lot at 3711 TAfro NAnyP The undersigned acknowledge receipt of a copy of this page, which, constitutes Page / of Pages. r , Date �t: ;� i GDate Buyer j"�•� Seller Buyer } I r: _ Seller OFFICE USE ONLY This form Is available for use by the entire real estate Industry. The Use of this form Is not Intended to Identify the user as a RFALTORe REALTORe FDOIdto by Broker or Designee Iaere9ielarad collective membership markwhlch maybe usedonlyby real Uf estate,1,S.t esa who are merebam of the NATIONAL ASSOCIATION OF ""I'MMINTY G REAL1ORSs and who subscribe to lb Code of Ethics. SELLER'S COPY Copyright © 198A CALIFORNIA ASSOCIATION OF REALTORSa DS-14 M-MO•Aug 90 525 S. Virgil Avenue, Los Angeles, California 90020 M ` RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Blvd. P.O.Box1768 Newport Beach,Ca.92659-1768 Attn: Public Works Dept. ----------------------------------------------------------------------------------------------------------------------------- GRANT OF STREET AND HIGHWAY EASEMENT Bruce and Diana simurda owner(s) of certain real property situated in the City of Newport Beach, County of Orange, State of California, described as portions of Lot 9 and 10, Block 137 of the River Section Tract per map filed in Book, 4 Page(s) 25 of Miscellaneous Maps in the Office of the County Recorder of said County, hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, an exclusive street and highway easement in, over, across and along said certain real property. Said easement is described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by this reference. SUBJECT TO easements and rights of way of record or apparent. Should Grantee, in exercising the rights hereinabove granted, disturb or damage the surface of the easement area, Grantee shall, at its own expense, return said surface to its original condition. Dated: �� �' / , 2000 By��j ��c i V , • • EXHIBIT "A" That certain real property in the City of Newport Beach, County of Orange, State of California, described as follows: Commencing at the most southerly corner of Lot 9, Block 137 of the River section Tract filed in Book 4, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said County; thence along the southwesterly line of said lot N 37°13'30" W 76.00 feet to the True Point of Beginning; thence continuing along said southwesterly line N 37013'30" W 11.00 feet; thence northwesterly along a line parallel with the southeasterly line of said Lot 9 N 52046'30" E 6.07 feet to a line parallel with and 17.00 feet southerly, measured at right angles, from the centerline of 38s' Street as said centerline is shown on Record of Survey Map No. 88-1006 filed in Book 118, Page 39 of Record of Surveys, in the office of said County Recorder, said last mentioned parallel line being the southerly right of way line of 38"Street; thence along said last mentioned parallel line and right of way line N 86057'00" E 65.50 feet to its intersection with the northeasterly line of Lot 10, Block 137 of said River Section Tract; thence along said northeasterly line S 37°13'30" E 7.24 feet to a line parallel with and 23.00 feet southerly, measured at right angles, from said centerline of 38a' Street; thence along said parallel line S 86°57'00" W 58.65 feet; thence S 52046'30" W 11.77 feet to the True Point of Beginning. 0 N . �\ \ / i EC EAS ENT REA, 38th i - _ -.� 0 8 / \ ---�' \ \ CIF\ \ BL \ 137 VICINITY MAP VER SECTIO ii XX 38pth i v�\ — 3CJ LI 1 N 86°57'0W.E----------- \ \ \ S 37-13-3 N 526 36° E\ $ 8 7.24' i 6.07' \ N 86057'00" E N 65.50' / S 52°46'3,0"o�� 11.77' of• \ T.P.O.B. \\ A �Or `\ z °-! 0110 \ Mos outherly comer o of 9, \ \ ck 137, River Section ct \ © EASEMENT HEREBY DEDICATED \ BLO 37 EXHIBIT "B" \ NE r TRACT �� ., I This is to certify that the interest in real property conveyed by the deed or grant dated October 11, 2000, from Bruce and Diana Simurda, individuals, to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the 11th day of October 2000, and the grantee consents to its being recorded by the duly authorized officer. HOMER BLUDAU, City Manager United Title Company 0 Page 1 of Y LOOOFF I V; , '� ls FFATLRPS ,f New Property Sales Print • HOME Search Profile Comps Details • ABOUT US Address: 3700 Lake Ave, Newport Beach CA 92663 • CONTACT US Ownership Information Parcel Number: 423 36101 • SUPPORT Owner: CITY OF NEWPORT BEACH Co-owner 1: N/A • NUSTAR TITLE POLICY Co -Owner 2: Site Address: N/A 3700 Lake Ave, Newport Beach CA 92663 Mall Address: PO Box 1768, Newport Beach CA 92658 INTE Phone Number: N/A I:CS Tenant Phone: N/A • PROPERTY SEARCH Vesting: Thomas Guide: N/A 888 G7 • PROPERTY PROFILE Census Tract: 6353 RIVER SECTION LOT 9 BLK 137 ALL -EX SELY1/2- Legal Description: AND ALL -EX SELYI/2 L OT • SALES COMPARABLES Sales & Loan Information Transfer Date: N/A • MY PROFILE Document Number: N/A Sales Price: N/A • UTwab HOME Prior Sales Price: N/A Deed Type: N/A QNLINE Lender: N/A RE 5 Loan Type: N/A Interest Rate Type: N/A • LINKS Assessment & Tax Information Assessed Year: 99-00 ' r CALCULATORS Land: $84,480.00 Structure: N/A • FORMS Other: N/A Total Assessed Value: $84,480.00 • WORKSHEETS Percent Improved: N/A Exempt Type: OTHER • SOFTWARE Tax Amount: N/A Tax Rate Area: 07001 Property Information ' Use Code: 31 COM-COMMERPIAL LOT Zoning: N/A Tract Number: N/A Year Built: N/A Year Built Effective: N/A Structure SgFt.: N/A Garage SgFt.: N/A Useable SgFt.: N/A Or SgFt.: N/A Room Count: N/A Bedrooms: N/A Bathrooms: N/A Number Of Units: N/A Number Of Stories: N/A Patio: N/A Fireplaces: 1 Pool: NO Cooling: NO Garage: N/A Garage Type: N/A Roof Type: N/A Sewer: N/A Underground Utilities: N/A Gas Service: N/A Water Type (Front): N/A Water Source: N/A HIII Slope: N/A hq://www.unitedtitle.com/prop_detd.asp?intAPN=42336101&strCounty=tblOrange 4/13/00 L CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER NOVEMBER 3, 1993 TO: PUBLIC WORKS DEPARTMENT FROM: DEPUTY CITY MANAGER SUBJECT: 38th AND LAKE TRIANGLE At the request of Don Webb, the sale of this property was conditioned on the reservation of an easement for curb, gutter and sidewalk per attached drawing. Please draw up the appropriate document and drawings for submission to escrow and for recordation. If you have any questions please call me. I ' Kenneth J. lino KJD:mb Attachment cc: City Manager ,L e s �' a4serv�¢art" eAwYc4 r s - �se�nzwT` (�cf cqV e.0 p�C Ci i`y( L1 O N9 NCE NEWPORT CENTER ESCROW, INC. 2430 WEST COAAHICHWAY NEWPORTBEACH, CA92663 (714) 6315863 FAX: (714) 631-7486 Escrow Officer Jan Reagan Escrow No. 3007-J Date December 6, 1993 City of Newport Beach Kenneth J. Delino Deputy City Manager 3300 Newport Blvd. Newport Beach, CA. 92663 Dear Mr. Delino 0 FC09 G� • e,n We enclose the forms listed below for your review. If they meet with your approval, please sign and return to our offices as soon as possible. A self-addressed envelope is enclosed for your convenience. Escrow Instructions Commission Instructions Amendment PLEASE SIGN AND RETURN ENCLOSED Acknowledgement for receipt of Preliminary Title Report INSTRUCTIONS (retain additional enclosed Smoke Detector Compliance copies for your files). Statement of Identity can form tion Letter / PLEASE FILL IN COMPLETELY, SIGN 1 n t Inf m ert3o or�r AND RETURN. x Deed SIGN AND ACKNOWLEDGE BEFORE A Trust Deed (and Note) NOTARY PUBLIC EXACTLY THE WAY NAME APPEARS ON DOCUMENTS AND RETURN. Preliminary Title Report - copy for you to keep. If you have any questions or if we can be of service to you in any way, please call on us. Sir Ne By En PLEASE SIGN AND ACKNOWLEDGE I M E\\T8TRUMMI\\TT BEFORE A NOTARY PUBLIC. pLrASE SIGI`1 YOUR r1AAM E�ACTLX AS a I-1 IS TYPEWRITTEN Or1 THIS DOCUMENT. ®Commonwealth. Land Title Company Fta, I"= RECORDING REQUESTEW E AND WHEN RECORDED MAIL THIS DEED AND. UNLESS WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME FTheodore C.C. King, Trustee ADDRESS CITY e STATE ite 1 J Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed The undersigned declares that the documentary transfer tax is8.................................................................................. and is ❑ computed on the full value of the interest or property -conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area ❑ city oL..................................................................................................... and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Newport Beach, a Municipal Corporation a corporation organized under the laws of the State of California hereby GRANT(S) to Theodore C.C. King, Trustee the following described real property in the City of Newport Beach County of Orange , state of California: THE NORTHWEST HAIFOF LOTS 9 AND 10 IN BLOCK 137 OF RIVER SECTION IN THE CITY OF NEWPORT BEACH AS PER MAP THEREOF RECORDED IN BOOK 4, PAGE 25 OF -MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. December 6, 1993 STATE OF CALIFORNIA SS. COUNTY OF On this the day of 19 _ before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known -to me -or proved to me on the basis of satisfactory evidence to be the President, and personally known to me or proved to me on the basis of satisfactory evidence to be Secretary of the corporation that executed the within Instrument, per- sonally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of Its board of directors. Signature of Notary The City of Newport Beach, a Municipal Corporation FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Street Addre.,s GD 401(4/86) City & Stale sms TRUST DEED SERVICE SMS TRUST DEED SERVICE P.O. Box 2709 . 7411 Lorge Circle . Huntington Beach, CA 92647 (714) 842-9111 � NCE � NEWPORT CENTER ESCROW, INC. ESCROW Escrow # 3007-1 Escrow officer: San Reagan Date: October 26, 1993 Cash through Escrow $ 50,000.00 TOTAL CONSIDERATION $ 50,000.00 Buyer has placed into escrow an initial deposit of $2,000.00 (said sum is a portion of the total consideration and not in addition thereto), and any additional funds and/or instruments from me to enable you to comply with these instructions, before the time limit hereinafter named, which you are to use and/or deliver, provided on or before December 20, 1993 instruments have been filed for record enabling you to procure a Policy of Title insurance from Chicago Title insurance Co. with the usual company's exceptions, with liability of $50,000.00 on real property in the City of Newport Beach, County of Orange, State of California described as: The Northwest half of Lots 9 and 10, Block 137 of River Section, as per map recorded in Book 4, Page(s) 25, in the office of the county Recorder of said county. FOR INFORMATION ONLY, PROPERTY ADDRESS IS: vacant land (corner of 38th and Lake), Newport Beach, CA 92663 (not verified) SHOWING TITLE VESTED IN: THEODORE C.C. KING, Trustee of the KING TRUST FREE FROM ENCUMBRANCES EXCEPT: la. General and special Taxes for current fiscal year not due or delinquent, including any special levies, payments for which are included therein and collected therewith. lb. Lien of supplemental taxes, if any, assessed pursuant to the prov�}sions of chapter 3.5 (commencing with Section 75) of the Revenue and Taxation code of the state of California. 2. Covenants, conditions and restrictions, reservations, easements, rights of way, of record, if any; also exception or reservations of oil, gas, or mineral rights, if any. CITY RESERVING EASEMENT: This escrow is subject to the City of Newport Beach reserving and recording, at the close of escrow, an easement on the Northeasterly 6.0 feet of subject property, and on adjoining property located at 3711 Lake Avenue, as depicted on attached Exhibit "A." Precise survey and easement to be completed at the expense of the City of Newport Beach, and handed to Escrow holder for recording at the close of escrow. The Seller, the City of Newport Beach, has agreed, as a condition of this transaction, to redevelop, at the City's expense, the curbsides, sidewalks, streets, and maintenance of landscaping in the easement. PRELIMINARY TITLE REPORT APPROVAL: Buyer shall have the right to approve or disapprove the condition of title to the subject property as disclosed by an up-to-date preliminary title report to be obtained by seller and furnished to (Continued on page 2) 1 FILE COPY 2430 WEST COASTHIGHWAy • NhwoRT BEACH, CA 92663 9 (714) 6315863 9 FAX: (714)631-7486 JrW RF.A,GAN y 1 V C PRESID 1 csEO NE O p14) 631-m63 CENTER FAX: (714) 631.7486 ', ESCROW, INC. M E`MCH CA 92663 (Continued from page 1) buyer promptly after the execution of these instructions provided, however, that unless buyer shall give the escrow holder written notice of such disapproval within five (5) calendar days after receipt of such preliminary title report, buyer(s) shall conclusively be deemed to have waived their right to approve the condition of such title. The Title Company shall provide copies of -all documents of record listed as exceptions to coverage in schedule B of preliminary title report to be issued. Buyer shall have five (5) calendar days after receipt of documents to disapprove title. Buyer's failure to disapproval shall be deemed approval. A preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. At close of escrow: (a) Title shall be transferred by grant deed; (b) title shall be free of liens, except as provided in this agreement; (c) title shall be free of other encumbrances, easements, restrictions, rights, and conditions of record or known to seller, except for: (1) all matters shown in the preliminary (title) report which are not disapproved in writing by Buyer and (d) Buyer shall receive a California Land Title Association (CLTA) policy at Seller's expense. (An ALTA-R policy may provide greater protection for Buyer and may be available at the same or slightly higher cost that a CLTA policy. The designated title company can provide information, at Buyer's request, about availability and desirability of other types of title insurance.) BUYER'S INVESTIGATION OF PROPERTY CONDITION: Buyer shall have the right to conduct inspections, investigations, test, surveys, and other studies ("Inspections") at Buyer's expense. Buyer shall within thirty (30) calendar days, complete these inspections and shall notify Seller in writing of any item(s) disapproved. Buyer is strongly advised to exercise this right and to make Buyer's own selection of professionals with appropriate qualifications to conduct Inspections of the entire Property. If Buyer does not exercise this right to conduct Inspections, Buyer is acting against the advice of Broker(s). In any event, Buyer is relying upon Inspections made or obtained by Buyer. BUYER AND SELLER ARE AWARE THAT THE BROKER(S) DO(ES) NOT GUARANTEE, AND IN NO WAY ASSUME(S) RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. Seller shall make the Property available for all Inspections. Buyer shall keep the Property free and clear of liens; shall indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs; and shall repair all damages arising from the inspections. No Inspections may be made by any building or zoning inspector or government employee without the prior written consent of Seller. Buyer shall provide to seller, at no cost, upon request of seller, complete copies of all Inspection reports obtained by Buyer concerning the Property. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: A. Built-in appliances, structural, foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa systems and components, and any personal property included in the sale. B. Square footage, room dimensions, lot size, and age of Property improvements. (Any numerical statements regarding these items are APPROXIMATIONS ONLY and should not be relied upon.) C. Property lines and boundaries. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) D. Sewer, septic, and well systems and components. (Property may not be connected to sewer, and applicable fees may not have been paid. septic tank may need to be pumped and leach field may need to be inspected.) E. Limitations, restrictions, and requirements regarding Property use, future development, zoning, building, size, governmental permits, and inspections. F. Water and utility availability and use restrictions. G. Potential environmental hazards including asbestos, formaldehyde, radon gas, lead -based paint, other lead contamination, fuel or chemical storage tanks, contaminated soil or water, hazardous waste, electromagnetic fields, nuclear sources,a nd other substances, materials, products, or conditions. H. Geologic conditions, soil and terrain stability, suitability, and drainage. I. Neighborhood or Property conditions including schools, proximity and adequacy of law enforcement, proximity to commercial, industrial, or agricultural activities, crime statistics, fire protection, other governmental services, existing and proposed transportation, construction and development, airport (Continued on page 3) 2 (continued from page 2) noise, noise or odor from any source, other nuisances, hazards, or circumstances, and any conditions or influences of significance to certain cultures and/or religions. J. Buyer is advised to make further inquiries and to consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning the use of the Property under applicable building, zoning, fire, health, and safety.codes, and for evaluation of potential hazards. TRANSFER DISCLOSURE STATEMENT: Unless exempt, a Real Estate Transfer Disclosure Statement ("TDS") (CAR Form TDS-14) shall be completed by seller and delivered to Buyer (civil code 1102-1102.15). Buyer shall sign and return a copy of the TDS to Seller or seller's agent: (a) Buyer has received a TDS prior to execution of the offer, OR (b) Buyer shall be provided a TDS within five (5) calendar days after acceptance of the offer. If the TDS is delivered to Buyer after the offer is executed, Buyer shall have the right to terminate this agreement within three (d) days after delivery in person, or five (5) days after delivery be deposit in the mail by giving written notice of termination to seller or seller's agent. DISCLOSURES IN THE TDS DO NOT ELIMINATE SELLER'S OBLIGATION, IF ANY, UNDER PARAGRAPH ENTITLED "CONDITION OF PROPERTY". PROPERTY DISCLOSURES: Buyer has received full disclosures,on property adjacent to subject property, and accepts said disclosures as applicable for subject property. GOVERNMENTAL COMPLIANCE: Seller shall disclose to Buyer any improvement, additions, or repairs ("Improvements") made by seller or known to Seller to have been made without required governmental permits, final inspections, and approvals. in addition, seller represents that seller has no knowledge of any notice of violations of City, County, state, or Federal building, zoning, fire, or health laws, codes, statutes, ordinances, regulations, or rules filed or issued against the Property. if Seller received notice or is made aware of any of the above violations prior to close of escrow, seller shall immediately notify Buyer in writing. Buyer shall, within five (5) calendar days, provide written notice to Seller of any items disapproved. CONTINGENCIES/COVENANTS: METHODS OF SATISFACTION/REMOVAL, TIME FRAMES, DISAPPROVAL/APPROVAL: A. Method of satisfying/removing contingencies: contingencies are to be satisfied or removed by one of the following methods: (1) Passive Method: If buyers fail to give written notice of disapproval of items or of cancellation of this agreement within the strict time periods specified in this agreement (except financing contingency, if applicable). Then Buyer shall conclusively be deemed to have completed all inspections and review of applicable documents and disclosures and to have made an election to proceed with the transaction without correction of any items which the Seller has not otherwise agreed to correct, or (2) Active Method: If buyer and seller initial this paragraph, then paragraph A(1) shall not apply. BUYER'S DISAPPROVAL OF ITEMS OR REMOVAL OF CONTINGENCIES SHALL BE IN WRITING (except financing contingency, if paragraph 1A(1) is checked). IF BUYER FAILS TO REMOVE OR WAIVE ALL CONTINGENCIES IN WRITING WITHIN THE STRICT TIME PERIODS SPECIFIED IN THIS AGREEMENT, THEN SELLER MAY CANCEL THIS AGREEMENT BY GIVING WRITTEN NOTICE OF CANCELLATION TO BUYER. B. TIME FRAMES: Buyer and seller agree to be bound by the following time periods: BUYER has the following number of calendar days to take the action specified, BEGINNING ON THE DATE OF ACCEPTANCE OF THE OFFER: 1. n/a_ Loan Application(s)(submit to lender(s) for new loan(s) and assumption(s), submit to Seller for seller financing)(Para 1) 2. _n/a_ Buyer Investigation of Property (complete PHYSICAL Investigation and give notice of disapproval (Paragraph entitled "Buyer's Investigation of Property Condition". 3. 30_ Buyer investigation of Property (complete GEOLOGICAL investigation and give notice of disapproval)(Paragraph entitled "Buyer's Investigation of Property condition"). BUYER has the following number of calendar days to DISAPPROVE the items listed below, BEGINNING ON THE DATE OF BUYER'S RECEIPT OF EACH ITEM: 5. _n/a_ Existing Loan Documents (for assumption/subject to) (Continued on page 4) M (Continued from page 3) 5 Preliminary (Title) Report n/a Condominium/Planned Development Documents Geologic/Seismic/Flood/State Fire Zones/Areas Governmental Notices Disclosure Governmental Notices Disclosure SELLER has the following number of calendar days to PROVIDE to Buyer, as applicable, the information listed below, BEGINNING ON THE DATE OF ACCEPTANCE OF THE OFFER: 7. n/a_ Geologic/Seismic/Flood/State Fire Zones/Areas Disclosures, if applicable, Homeowner's Guide to Earthquake Safety, and/or Commercial Property Owner's Guide to Earthquake Safety 8: _n/a_ Pest Control Report The items listed below, as applicable, shall promptly be requested and upon receipt provided to Buyer: 10. Existing Loan Documents (assumption/subject to loan) Preliminary (Title) Report Condominium/Planned Development Documents Mello -Roos Disclosure C. DISAPPROVAL/APPROVAL OF ITEMS: If, within the time specified, Buyer provides written reasonable disapproval to Seller of any item for which Buyer has a disapproval right, Seller shall respond in writing within five (5) calendar days after receipt of Buyer's notice. If Seller is unwilling or unable to correct the items disapproved by Buyer, then Buyer may cancel this Agreement by giving written notice of cancellation to Seller within five (5) calendar days (after receipt of Seller's response, or after expiration of the time for Seller's response, whichever occurs first), in which case Buyer's deposit shall be returned to Buyer. if Buyer does not provide written notice of cancellation, and paragraph A2 is initialled, then Buyer shall provide Seller with written notice of election to proceed. if Buyer elects to proceed with the transaction without seller's correction of items, Buyer shall assume all liability, responsibility, and expense for repairs or corrections, including the expense of compliance with governmental agency requirements. This does not, however, relieve the Seller of any contractual obligations to repair or correct items otherwise agreed upon. D. FOR ALL TIME PERIODS: Buyer and Seller understand that time periods can be changed only by mutual written agreement. CONCURRENT CLOSE: The closing of this escrow is subject to and is to close concurrently with Newport Center Escrow, Escrow No. 2965-J, wherein Buyer is purchasing adjoining property, commonly known as 3711 Lake Avenue, Newport Beach. The deposit of funds by Buyer as necessary to close this escrow shall be deemed the release of this contingency. LIQUIDATED DAMAGES: BUYER AND SELLER AGREE THAT IF BUYER FAILS TO COMPLETE THIS PURCHASE BY REASON OF ANY DEFAULT OF BUYER: A. SELLER SHALL BE RELEASED FROM OBLIGATION TO SELL THE PROPERTY TO BUYER. B. SELLER SHALL RETAIN, AS LIQUIDATED DAMAGES FOR BREACH OF CONTRACT, THE DEPOSIT ACTUALLY PAID LESS CANCELLATION FEES AND CHARGES. BUYER AND SELLER SHALL EXECUTE RECEIPT FOR INCREASED DEPOSIT/LIQUIDATED DAMAGES (CAR FOR RID-11) FOR ANY INCREASED DEPOSITS. HOWEVER, THE AMOUNT RETAINED SHALL BE NO MORE THAN 3% OF THE PURCHASE PRICE IF PROPERTY IS A DWELLING WITH NO MORE THAN FOUR UNITS, ONE OF WHICH BUYER INTENDS TO OCCUPY AS BUYER'S RESIDENCE. ANY EXCESS SHALL BE PROMPTLY RETURNED TO BUYER. C. SELLER RETAINS THE RIGHT TO PROCEED AGAINST BUYER FOR SPECIFIC PERFORMANCE OR ANY ANY OTHER CLAIM OR REMEDY SELLER MAY HAVE IN LAW OR EQUITY, OTHER THAN BREACH OF CONTRACT DAMAGES. D. IN THE EVENT OF A DISPUTE, FUNDS DEPOSITED IN TRUST ACCOUNTS OR ESCROW ARE NOT RELEASED AUTOMATICALLY AND WILL REQUIRE MUTUAL, SIGNEDRELEASE INSTRUCTIONS FROM BOTH BUYER AND SELLER, JUDICIAL DECISION, OR ARBITRATION AWARD. AS A MATTER OF RECORD ONLY, WITH WHICH ESCROW HOLDER IS NOT TO BE FURTHER CONCERNED, OR LIABLE, IT IS UNDERSTOOD BY AND BETWEEN THE PARTIES HERETO THAT: THE PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECT THE TAXES TO BE PAID. Any supplemental tax bills shall be paid as follows: (1) for (continued on page 5) 4 (continued from page 4) periods after close of escrow, by Buyer (or by final acquiring party, if part of an exchange), and (2) for periods prior to close of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. POSSESSION AND KEYS: Seller shall deliver possession and occupancy.of the Property to Buyer on the date of recordation of the deed at 12:OOPM. AS -IS CONDITION: Buyer is purchasing property in its present "AS IS" condition, without warranty. Seller shall not be responsible for making corrections or repairs of any nature. AGENCY CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction: Listing Agent: NONE; Selling Agent: Waterfront Homes, Inc. is the agent of the Buyer exclusively. NEWPORT CENTER ESCROW, INC. IS LICENSED UNDER THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY CONTAINED IN THESE ESCROW INSTRUCTIONS OR SUPPLEMENTS OR AMENDMENTS THERETO, ESCROW HOLDER SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR THE SUFFICIENCY, VALIDITY OR CORRECTNESS OF ANY SIGNATURE OF ANY PRINCIPAL TO THIS ESCROW OR ANY THIRD PARTY TO THIS ESCROW, NOR FOR THE SUFFICIENCY OR CORRECTNESS AS TO FORM, MANNER OF EXECUTION OR VALIDITY OF ANY DOCUMENTS DEPOSITED IN THIS ESCROW, NOR AS TO THE IDENTITY, AUTHORITY, OR RIGHT OF ANY PERSON EXECUTING THE SAME, EITHER AS TO DOCUMENTS OF RECORD OR THOSE HANDLED IN THIS ESCROW. Prorate or adjust the following items marked (x) as,of CLOSE OF ESCROW (X ) Taxes (See "NOTE" below) NOTE: You are instructed to base your tax prorations on the latest tax figures as reported to you by the title company, regardless of the fact that the taxing authority may re -assess subject property, and the tax information furnished you by the title company may not be considered final. if amount unavailable for current year, based upon 2nd half of last fiscal year. I agree to pay buyer's usual charges on demand, including, but not limited to: recording grant deed, buyer's escrow fee, drawing any trust deed and note executed by me, recording and drawing any other document necessary on my part, and loan tie-in fee. BY SIGNATURE BELOW, THE GENERAL PROVISIONS SET FORTH HEREIN ARE HEREBY APPROVED AND INCORPORATED WITHIN THE TERMS OF THIS ESCROW AS THOUGH THE SAME APPEARED OVER MY SIGNATURE. BUYER'S SIGNATURE Theodore C.C. King, Trustee 711 Church Hill Road, La Habra Heights, CA 90631 THE FOREGOING TERMS, CONDITIONS, CONSIDERATION AND/OR INSTRUCTIONS TOGETHER WITH THE GENERAL PROVISIONS SET FORTH HEREIN ARE HEREBY CONCURRED IN, APPROVED AND ACCEPTED BY THE UNDERSIGNED SELLER AS EVIDENCED BY SIGNATURE BELOW. I will hand you all instruments and money necessary for me to comply with the above including a grant deed to the property described, which you are authorized to record or deliver when you can comply with these instructions. You are authorized and instructed to pay all encumbrances on said property, except those which are to remain a lien at close of escrow as previously set forth, from the proceeds of this escrow. I agree to pay seller's usual charges including, but not limited to: sub -escrow (Continued on page 6) A (Continued from page 5) fee, policy of title insurance, documentary transfer tax, seller's escrow fee, drawing any deeds or other document executed by me or necessary on my part, our fee to request assignments of insurance, offset, beneficiary and demand statements and the lender's fees incurred as specified in said statements. SELLER'S SIGNATURE City of Newport Beach BY: 6 1. 2. 3. 4. 5. 6. 7. 8, 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48, 49, 50. 51. 52. 53. 54. 55. 56. 57, 58. 59. 60. 61. 62. 63. 64. 65, 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 63. 84. 85. 86. 87. 88. 89. 90. 91, 92. 93. 94. ,NEWPORT CENTER ES W. INC. • Escrow No. 3007- ,T Date oni-nhar 9.61F 1993 Page gF.NMN GENERAL PROVISIONS EXCEPT AS OTHERWISE SET FORTH HEREIN, IT IS MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVERALLY, THAT: The opening of this escrow shall be the day you receive these Instructions executed by all parties, and the close of escrow shall be the day documents deposited In this escrow are recorded. Time Is of the essence for the purposes of this escrow. If the conditions of this escrow have not been complied with at the time provided for In these Instructions, you are nevertheless to complete this escrow as soon as the conditions (except as to time) have been complied with, unless a written demand for cancellation or for the return of money and/or Instruments by a party to this escrow Is received by you prior to the recording of any Instrument provided for in these In. structions. Promptly following the receipt of any such demands, escrow shall mall a copy of such demand to the other party or parties by certified mall, return'receipt requested. Unless you receive a written objection to the demand within 10 days of receipt by the party or parties noticed, you may, at your election, upon payment of any and all sums due you hereunder, terminate the escrow and deliver all documents, money or other Items in escrow to the parties entitled thereto In accordance with the terms of these Instructions. No notice, demand, or change of instructions shall be of any effect unless given to you In writing and approved in writing by all parties affected by the same. If, before or after recording documents, you receive or become aware of any conflicting demands or claims (hereafter, "conflict") with respect to this escrow, the rights orobligations of any of the parties or any money or property deposited or affected, you shall have the right to discontinue further performance on your part until the conflict is resolved to your satisfaction. In addition, you shall have the right to commence or defend any action or proceeding you deem necessary for the determination of the conflict. A conflict shall be deemed to be your receipt of unilateral Instructions or mutual Instruc- tions from some, but not all of the parties to this escrow. Should any controversy arise between the parties to this escrow or with any third person, you shall not be liable to take any action of any kind, but may withhold all moneys, securities, documents or other things deposited into escrow until such controversy has been determined by agreement of the parties or by legal process. In the event any action is commenced to determine a conflict or otherwise to enforce or declare the provisions of these Instructions or to rescind them Including, but not limited to: a suit In Interpleader, whether or not the action is prosecuted to final judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party in any such action; or if it becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any matter or thing arlsing out of or in any way related to these Instructions, whether or not suit is actually commenced, the parties to this escrow jointly and severally agree to pay all of your costs, damages, judgments and expenses, Including attorneys fees, in- curred by you In connection with the same. It is understood that the fees agreed to be paid foryour services are for ordinary and usual services only, and should there be any extraordinary or unusual services rendered by you, the undersigned agree to pay reasonable compensation to you for such extraordinary or unusual services, togetherwith any costs and expenses which may be incurred by you In connection with the same; and you are hereby given a lien upon all documents, moneys and securities deposited in this escrow until you have been so compensated or reimbursed. It is understood that in the event this escrow is canceled, or this escrow fails to close as provided herein, you will receive compensation for such services as you have rendered in connection with this escrow, Including your expenses and a reasonable cancellation fee, and you may deduct from any funds In escrow a sum suf- ficient to compensate you therefore. Escrow holder shall not be held liable for sufficiency or correctness as to form, manner or execution or validity of any document deposited Into escrow, nor as to the identity, authority, or rights of any person executing them, nor for failure of any party to this escrow to comply with any of the provisions of any agreement, contract or other Instrument filed or referred to In these instructions. The duties of escrow holder shal I be limited to the safekeepl ng of money, Instruments or other documents received by escrow holder and for the disposition of them In, accordance with the written Instructions accepted by escrow holder. The knowledge of escrow holderof matters affecting the property, provided such facts do not prevent compliance with these Instructions, does not create any Ilabil ity or duty in addition to the responsibility of escrow holder under these Instruc- tions. Escrow holder shal I not be obil gated to make any physical examination of any real or personal property described i n any document deposited Into this escrow. The parties agree escrow holder is not making any representations whatsoever regard• Ing said property. Escrow holdershall be under no obligation or liability forfallure to Inform the parties to this escrow regarding any sale, loan, exchange, or other transaction orfacts within the knowledge of escrow holder concerning the herein described proper- ty, provided It does not prevent escrow holder's compliance with these Instructions. Escrow holder shall not be concerned with giving any disclosures required by Federal or State law, Including, but not limited to, anydisclosures required under Regulation Z pursuant to the Federal ConsumerCredit Protection Act, the effect of anyzonlng laws, ordinances or regulations affecting any other property described inthis escrow.The undersigned jointly and severally agree to Indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by either party or their respective agents or the failure of the parties to this escrow to comply with the rules andlor regulations of any govern• mental agency, state, federal, county, municipal or otherwise. Parties to this escrow have satisfied themselves outside escrow that this transaction Is not in violation of the Subdivision Map Act or any other law relating to the land division, and escrow holder is relieved of all responsibility and/or liability In connection with the same and is not to be concerned with the enforcement of said laws. You are authorized and Instructed to utilize the services of a sub -escrow agent, within the scope of Section 1738.4,.5 of the California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necessary. Escrow Is authorized and Instructed to furnish Information from this escrow to lenders and/or brokers as may be re- quested by them, Including, but not limited to coples of al I Instructions and closing statements In this escrow. Escrow holder shall obtain beneficiary statements from the beneficiaries with any encumbrances against the herein described property promptly following the opening of escrow and make any necessary adjustments or prorations relating to the encumbrances based on the f Ig ures set forth In such beneficiary statements. Escrow is authorized to accept funds deposited to our account by our broker or agent without further authorization. All deposits made by the parties to this escrow shall be deposited by escrow holder in an acc6uhi designed as "Escrow Trust Account" with any local bank, without any liability for Interest. All disbursements shall be made by check of escrow holder drawn on said account. Escrow holder shal I not be obligated to Identify or guarantee the signature of any payee on said checks. All documents and checks in favor of the parties shall be mal led, unregistered, to the addresses of the respective par. ties set forth In these instructions. These instructions, and any amendments or supplements thereto, may be executed In counterparts, each shall be deemed an original regardless of the date executed and delivered, and said counterparts shall constitute one and the same Instrument. „Cap The signature of the parties to this escrow on any document(s) and Instrument(s) to this escrow indicates the unconsIv, < tional acceptance and approval of the same, and acknowledgement of a receipt of a copy of these instructions. These instructions shall be governed by, and construed in accordance with, the laws of the State of California. J- M VadbN /.V ,o.Nb UV,NHV AF\N UiNJN N/\V VL 3\NR£L bOAtl A.G iubject: /The Foreign Investmer n Rea:. Property Tax Act (FIR 3ur's Resonszbi li,ty _to._Wzthhold - Effective January 1, .1985, IRS Code S 1445 requires all Buyers who purchase real property in the United States from foreign sellers to withhold 10% of the purchase price .from the sale proceeds and to pay :hat amount to the IRS within 10 days of the date the sale closes unless an exemption from withholding applies. IRTHE_BUYER,,,FASLS_TO WITHNOLA-_ANA_,PAY,-_T0, TH :RS THE CORRECT AMOUNT OF TAX ON.A NON-EXEMPT. SALES THE. -BUYER WILL BE LIABLE TO tho Is A Foreign_Seler1 - In general, a foreign person is a non-resident alien .ndividual, foreign corporation, foreign partnership, foreign trust or foreign :state, but not a resident alien individual. ldvice to_Buy@rs-Regarrdi)),g ,SRS,_Re,gulations - The IRS has adopted tempdr.ary :egulations which provide that a Buyer will not be liable to the IRS for the tax )wed if he obtains from the Seller in duplicate a certificate or affidavit under )enalties of perjury stating the Seller's United States taxpayer ID number or social security number and that the Seller is not a foreign person unless the )uyer has knowledge that the affidavit is false or the buyer receives notice from my agent in the transaction that the affidavit is false. These regulations also )rovide that the buyer must retain this affidavit until the end of the fifth :axable year .following the taxable year in which the sale takes place and to make :he affidavit available to the IRS when requested, jo_Withholdi.n,g_.Is_jig cmu xftLIf: 1. The Auyer is purchasing the property for his rise as a residence and the amount paid for the property is $300,000 or. less; 2. Either Buyer or Seller obtains a "withholding certificate" from the IRS. t "withholding certificate" is a written statement from the IRS that: (1) the Seller is exempt from paying taxes on the gain; (2) the Seller has agreed with :he IRS to pay the amount owed; or (3) the IRS has agreed to reduce the amount of withholding required to the amount stated in the certificate; 3. Gain on the sale is not recognized under certain provisions of the Internal Revenue Code. AUYERS_ANA-_SkLIEi2S„ARE„AnV1SED_TO_SEEK T...........OF AN 4TTORNEY ON THE QUESTIONS OF WHETHER_ANY_GAIN IS„RECOGNIZEDUNDER THE PROVISIONS., )F THE _INTEitNAI, _REVENUE CORE- AND _AS,,,, TO THfi-, PROCEnURE -THAT-_MUST AF,_ F Oi );OWED ,IFTHE, 3UYER DOES NOT WITHHOLD BASED ON THE FACT THAT NO_GAINIS RECOGNIZED;, advice-To.Foreign,Sellers,- Foreign Seller should consult with an attorney familiar with FIRPTA before entering into any negotiations or contracts for the sale of their property. If you act promptly, you may be able to have the IRS: (1) determine your maximum tax liability; (2) reduce the amount which the Buyer oust withhold; (3) issue a witbhol.di.ng certificate; (4) make an early refund of the amount withheld; or (5) establish that no gain is recognized under pertinent provisions of the. IRS Code. Neither. the Real Estate Brokers nor its agents are qualified to determine the rights and obligations of any particular individual under FIRPTA. if, you have any questions regarding the application of FIRPTA, your, obligations under the act or whether you are a foreign person as defined in the act, please seek the advice of an attorney. CAL-FIRPTA Withholding: Buyers in this escrow are hereby given notice by Escrow holder the Buyers may incur a liability or withholding provisions of California revenue and taxation code sections 18805 and 26,131 applicable on sale of non-exempt California real estate. Buyer is hereby notified of withholding provisions of California revenue and taxation code sections 18805 and 26131, applicable to certain sales of California real estate by non-resident Sellers. Buyer understands that in no event will Escrow holder undertake to advise'Buyer and/or Buyer's representative(s) on the possible application of the above code sections to this specific transaction. Unless expressly instructed by the Seller. and Buyer herein, Buyer understands that Escrow holder will not assist in obtaining a waiver from withholding from the Franchise Tax Board in the event that withholding is otherwise required in this transaction, not undertake to withhold funds and remit to the Franchise Tax Board in the event that no waiver is obtained. Should instructions by Buyer and Seller herein direct you to undertake activities pursuant to the withholding provisions in California, law, Buyer agrees to cooperate fully in providing necessary information and to indemnify Escrow holder and hold them harmless in the event of noncompliance resulting from information supplied by Buyer. Receipt of a Copy of. this Notice is -hereby acknowledged. Date: _ Buyer:,^_ T).iec7;Fcxe -CC, king, TS.uStee Seller:_. — City of Newport Beach k AlE S'f a� e rneA� T .e� c.R-\jzo • NCE NEWPORT CENTER ESCROW, INC. IMPORTANT NOTICE Due to new legislation effective as of January 1, 1985, Senate Bill 1550, funds must be available for withdrawal before escrow disburses those funds. It is suggested that you use California cashiers checks or wired funds for closing. All other forms of funds such as drafts, money market funds drawn on out of state banks, and out of state checks must be deposited in time to meet clearance period which is 10 working days from date of deposit. Please be advised that due to this legislation a delay in the closing of your transaction may occur if the above information is not taken into consideration by the lending institution(s) and buyer in this transaction. Buyer should inquire of the lender that the funds they will disburse will be drawn on a California bank. If funds are drawn on an out of state bank or disbursed by a draft this could cause a delay in the closing of this transaction or additional cost to the buyer for disbursement of funds at least 10 days prior to closing. Seller City of Newport Beach Seller Buyer Theodore C.C. King, Trustee Buyer Seller Buyer. Buyer 2430 WEST COAST MGHWAY • NEWPORT BEACH, CA 92663 • (714) 6315863 • FAX. (714) 631-7486 Date: October 26, 1993 INSTRUCTIONS TO PAY COMMISSION NCE NEWPORT CENTER ESCROW, INC. Escrow No. 3007-J Property Address: vacant land Newport Beach, CA 92663 You are advised that the commission to be paid for services in connection with this transaction is the sum of $1,500.00 WE HEREBY IRREVOCABLY ASSIGN TO: Waterfront Homes, Inc. 2436 W. Coast Highway Newport Beach, CA 92663 License No.: $1,500.00 I have read and hereby approve the foregoing, and you will pay said commission at the close of this escrow and charge my account with the amount thereof, or if necessary, I will hand you funds required to pay the same. WE HEREBY IRREVOCABLY DIRECT YOU TO PAY ASSIGNEE THE FUNDS ASSIGNED IMMEDIATELY UPON THE CLOSE OF ESCROW. NO CHANGE OR MODIFICATION IN THIS INSTRUCTION SHALL BE OF ANY EFFECT, UNLESS IT IS SIGNED BOTH BY THE UNDERSIGNED AS SELLERS AND BY EACH OF THE UNDERSIGNED BROKERS OR THEIR AGENTS. City of Newport Beach by: BROKER accepts and agrees to the foregoing. Waterfront Homes, Inc. BY BY: Broker/Manager Broker/Manager 243o WEST COASTMGHWAY • NEWPORT BRAC11, CA 92663 • (714) 6315863 • FAX: (714.)631-7486 AFFIDAVIT OF TRANSFEROR (SELLER) THAT HE IS NOT A FOREIGN PERSON *THIS FORM MUST BE SIGNED BY ALL OWNERS* I am the transferor (seller) of the real property'known as vacant land -. NW 1/2 Lots 9 and 10, Block 137� 1�jyer Section I am a United States person and I am not a foreign person within the definition of Internal Revenue Code, Section 1445 (see below). My United States Taxpayer Identification or Social Security Number is This Affidavit is made for the purpose of showing that I am exempt from the requirements of Internal Revenue Code, Section 1445, requiring the transferee of the real property to deduct and withhold a tax equal to ten percent(10%) of the amount realized on the disposition of this real property. This Affidavit was signed on (Date) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. City of Newport Beach CONSULT YOUR ATTORNEY OR TAX ADVISOR - NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE REALTY AS TO THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF THIS DOCUMENT. Internal Revenue Code, Section 1445, provides for the withholding of tax on dispositions of United States real property interests by a foreign person. IRC Section 1445 defines a "foreign person" as "any person other than a United States person". A United States person includes a United States citizen, a permanent resident alien, who holds a permanent resident visa, and resident aliens who meet the "substantial presence" test. Resident aliens who do not hold permanent residence visas should seek legal advice to determine if they are "foreign persons" or. "'United States persons" for purposes of Internal Revenue Code, Section 1445. POOR. QUALITY ORI'GI*NAL (S) COUNTER OFFER. M THIS IS I , DED TO BE A LEGALLY BINDING AGREEMENT— REA10AREFULLY. ❑ CALIFORNIA ASSOCIATION OF REALTORSO (CAR) STANDARD FORM This is acounter offer to theeeReal Estate Purchase Contract and Receipt for Deposit, El Mobile Home Purchase Contract and Receipt for De osit, ❑ usiness Purchase Contrac nd �leceipt for Deposit, ❑ Other dated -e i� , 1192a, on property known as: R i nlvS o E Ln k ` �f + J D 1 K i 3 7 in which « elel Qr is referred to as Buyer and C f AA 'C' 1 J +CFG C is referred to as Seller. Seller accepts all ofthe terms and conditions in the above designated agreementwith the following changes or amendments: The Seller reserves the rightto continue to offer the herein described property for sale•and acceptanyoffer acceptable to Seller at any time prior to personal receipt by Seller or , Seller's authorized agent, of a copy of this counteroffer, duly accepted and signed by Buyer. `Accept;' as used herein, includes delivery In person, by mail, or by facsimile, I_ Unless this counter offer is accepted on or before (��� nii{' {� /� 19i at a ( /PM, it shall be deemed revoked and deposit shall be returned to the Buyer. Seller's acceptance of another offer shall revoke this colmtr offer. This counteroffer and any supplement, addendum, or modification, relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the a e writing. Receipt of a copy is acknowledged. Date ��1913— Seller RW— o,•p� Time, n Seller ❑ The undersigned Buyer accepts the above counter offer, OR ❑ The undersigned Buyer accepts the above counter offer with the following changes or amendments: Unless the following changes or amendments are accepted and a copy duly accepted and signed by Seller is personally delivered to Buyer or , the agent obtaining the offer on or before , 19_at AM/PM,it shall badeemed revoked and depositshall be returnedto Buyer. Receiptofacopyis acknowledged. Date 19 Buyer Time Buyer Receipt of signed copy on 19^ at AM/PM, by Seller (initials) or Seller's authorized Agent (Initials) is acknowledged. THE FOLLOWING IS REQUIRED ONLY IF BUYER HAS MADE CHANGES OR AMENDMENTS ABOVE: Seller accepts Buyer's changes or amendments to Seller's counter offer and agrees to sell on the above terms and conditions. - Seller acknowledges receipt of a copy and authorizes,Broker(s) to deliver a signed copy to Buyer, Date 19 Seller Time Seller THIS STANDARDIZED DOCUMENT FOR USE IN SIMPLE TRANSACTIONS HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS'a INFORMONLY.NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY THE CALIFORNIA ASSOCIATION'OF REALTORS0 OR THE LEGAL VALIDITY ORADEQUACY OF ANYPROVISION IN ANYSPECIFIC TRANSACTION. IT SHOULD NOT BE USED IN COMPLEX TRANSACTIONS OR WITH EXTENSIVE RIDERS OR ADDITIONS. A REAL ESTATE BROKER IS THE PERSON QUALIFIED-TO'ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT.AN APPROPRIATE PROFESSIONAL. This form is available foruse bythearlike real estatelndustry. The use ofthis form is not lntendedto idemifythauseresa REALTDRm REALTDR®'Is•aregisteredcollectivemembomhip mark which maybe used only by real estate licensees who am-membam of the,NATIONAL ASSOCIATION OF REKIJORS'e tind.who subscribe toits Code of,Ethios. " OFFICE -USE ONLY +�TI)i000vdghtlMsollne Unllsaslatea(17U SCoda)foroidlheunaulhorixadrpprodualon � le of by any means Including laounle or computerized formals .ELL -E9,p COPY 19lQ,YA67, CALIWRNIA ASSOCIAT70N OF REALTOR3e ��'. O ln{ [Rev)e"W�edby Brokeror Designee rye 11, �VirgllAvenue,Lae Angeles, California g(1020 L.�•14 oeromuxm yyqgyy NScIPULAt REYIEED Ueg CALIFORNIA ASSJCIAfION OF REARORS DATE:•-� RECEIVED FROM THE SUM OF__M, REAL ATE h6RCHASE CONTRACT ANACEIPT FOR DEPOSIT THIS IS MORE THAN A REfEIPT.'FOR MONEY. IT IS INTENDED TO BE A LEGALLY BINDING CONTRACT. READ IT CAREFULLY. _ CALIFORNIA ASSOCIATION OF REALTORSt (CAR) STANDARD FORM . ri %✓fir /7 t;19AT 2,9C diPrZ"/ Dollars California, as a deposit to be applied toward the PURCHASE PRICE OF _ Dollars $rV l; /72775 • RJ FOR PURCHASE OF PROPERTY SITUAT D IN �aF L/r%/%%i�f�(�i/�.�/ , COUNTY OF ' , California, DESCRIBED AS rrlr- fI n I f r!!� L q r //> i,�[,� / / y A/ iE' l',�i ,"-.r..4'7ltJ/cn) ("Property"). 1. FINANCING: THE OBTAINING OF THE LOAN(S) BELOW IS A CONTINGENCY OF THIS AGREEMENT. Buyershall act diligently and In good faith to obtain all applicable financing. A. FINANCING CONTINGENCY shall remain in effect until (Check ONLY ONE of the following): 1. ❑ (If checked). The designated loan(s) is/are-funded and/or the assumption of existing financing is approved by Lender. OR2. ❑(Itchecked). —calendar days after acceptance of the offer. Buyer shall remove the financing contingency in writing within this time. If Buyer fails to do so, then Seller may cancel this agreement by giving written notice of cancellation to Buyer. B. OBTAINING bF DEPOSIT AND DOWN PAYMENT by the Buyer is NOT a contingency, unless otherwise agreed in writing. C. DEPOSIT to be deposited with Escrow Holder, Q into Broker's trust account, or ❑ BY ❑ Personal check, U Cashier's check, ❑ Cash, or ❑ PAYABLE TO TO HELD UNCASHED I ss day after of the , -1p. D.INCREASED DEPOSIT, within UNTIL r o❑ nbusing acceptance rl calendar days after acceptance of the offs b� a deposited ❑ with Escrow Holder, ❑ Into Broker's account, r E. A LOAN IN DOWN PAYMENT AMOUNT to be deposited with Escrow Holder on demand'of Escrow ,Holder /17. oli_ 'ifr`. F. FIRST ..................... ❑ NEW First Deed of Trust in favor of ❑ LENDER, ❑ SELLER; or ❑ ASSUMPTION of existing First Deed of Trust; or ❑ encumbering the Property, securing a note payable at approximately $ per, month (❑ or more), to include ❑ principal and Interest, ❑ Interest only, at maximum Interest of _% ❑ fixed rate, ❑ Initial adjustable rate, with a maximum lifetime interest rate increase of _°k over the initial rate, balance due in years. Buyer shall pay loan fees/points not to exceed G, SECOND LOAN IN THE AMOUNT OF ................................................. . ❑ NEW Second Deed of Trust in favor of ❑ LENDER, ❑ SELLER; or ❑ ASSUMPTION of Existing Second Deed of Trust; or ❑ Sc ........... ..... I.... $ encumbering the Property, securing a note payable at approximately $ per month (❑ or more), to include ❑ principal and Interest, ❑ Interest only, at maximum Interest of_% pfixkd rate, ❑ initial adjustable rate, with a maximum lifetime Interest rate increase of _% over the initial rate, balandehue in r / years. Buyer shall pay loan fees/points not to exceed J_ t' , H. TOTAL PURCHASE PRICE, not including costs of obtaining loans and other closing costs ........................ . ........ $ t2iZ MQ I. LOANAPPLICATIONS:Buyershall, within the time specifleqjn paragraph 26B(l), submit to lender(s) (orlp Seller for applicable Seller financing), a completed loan or assumption application(s),and provide toSellerwrltt n A'owledgmentofBuyer'scomyliarice.�orSellerfinancing:(1)Buyer shall submits completed loan application on FNMA Form 1003;(2) Buyer authorizrselerand/orBroker(s)3o�btain,ABuyer'sexpense, acopy ofBuyer's credit report; and (3)Seller may cancel,this purchase and sale agreement upon disapproval gf teliher t p. cation or the credit report, by providing to Buyer written notice within 7 (or ❑ _) calendar days after receipt of thpso dogUntents: r J. EXISTING LOANS: For existing loans to be take&er by Buyer -Se ler shall promptly requesl and upon receipt provide to Buyer copies of all applicable notes and deeds of trust, loan balances, and current interest rates. Buyer may give Seller written notice of disapproval within the time specified in paragraph 26B(S). Differences between estimated and actual loan balance(s) shall be adjusted at close of escrow by: ❑ Cash.downpayment, or ❑ Impound account(s), if any, shall be: ❑ Charged to Buyer and credited to Seller, or ❑ K. LOAN FEATURES: LOANSIDOCUMENTS CONTAIN A NUMBER OF IMPORTANT FEATURES AFFECTI NG THE RIGHTS OFTHE BORROWER AND LENDER. READ ALL LOAN DOCUMENTS CAREFULLY. L. ADDITIONAL SELLER FINANCING TERMS: The following terms apply ONLY to financing extended by Seller under this agreement. The rate specified as the maximum Interest rate in F or G above, as applicable, shall be the actual fixed Interest rate for seller financing. Any promissory note and/or deed of trust given by Buyer to Seller shall contain, but not be limited to, the•following additional terms: 1. REQUEST FOR NOTICE OF DEFAULT on senior loans. 2. Buyer shall execute and pay for a REQUEST FOR NOTICE OF DELINQUENCY in escrow and at any future time if requested by Seller. 3. Acceleration clause making the loan due, when permitted by law, at Seller's option, upon.tha sale or transfer of the Property or any Interest In, t. 4. A late charge of 6.0% of the installment due, or $5.00, whichever is greater, if the Installment is not received within 10 days of the -date itds due. S. Title insurance coverage in.the form of a joint protection policy shall be -provided insuring Seller's deed of trust interest in the Property. 6. Tax Service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. ., 7. Buyershall provide file and extended coverage Insurance during the period of the seller financing, in an amount sufficient to replace all Improvements -- onthe-Property, or t4total encumbrances against the Property, whichever is less, with a loss payable endorsement in favor of Seller. B. The addition, deletion, b substitution of any person or entity under this agreement, or to title prior to close of escrow, shall require Seller's written consent. Seller may grant brwithhold consentin Seller's sole discretion. Any additional orsubstituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or BroRer(s) may obtain a credit report on any such person or entity 9. If the Property contains 1 to 4 dwelling units, Buyer and Seller shall execute a Seller Financing Disclosure Statement (CAR FORM SFD-14) (Civil Cdde §§2956-2967), if applicable, as provided by arranger of credit, as soon as practicable prior to execution of security documents. + M.ADDITIONAL FINANCING TERMS: Buyer and Seller acknowledge'receipt of copy of this page, which con titut s age 1 of Pages. +Cl Buyer's Initials jO ( ) Sellers] ( ) ,,Wtt'rL4,' to 1 THIS STANDARDIZEDDOCUMENTFOR USEINSIMPLETRANSACTIONS HAS BEENA OVER BYTHECALIFORNIA ASSOCIATION OFREALTORS®INFO MONEY NCEESENTATION IS MADE AS TO THE APPROVALOFTHE FORM OFANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BYTHE CALIFORNIA ASSOCIATION OF REALMRSZ OR THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC 1 RANSACTION. IT SHOULD NOT BE USED IN COMPLEX TRANSACTIONS OR WITH EXTENSIVE RIDERS OR ADDITIONS AREALESTATE BROKER ISTHEPERSON QUALIFIEDTOADVISEON REALESTATETRANSACTIONS. IFYOU DESIRELEGALORTAXADVICE, CONSULTAN APPROPRIATE PROFESSIONAL.« The copyright laws of the United States(17 U S. Code) forbid the unauthorized - OFFICE USE ONLY repmducllon of this form by any means including facsimllo or computerized formats. Copyrigh[O 1993, CALIFORNIA ASSOCIATION OF REALTORS® FReviowodby Brokeror Designee 626 South Virgil Avenue, Los Angeles, California 90020 REVISED fi/83 ,a�'po"`muxnr SELLER'S COPY M-PM-7isa Drbperty Add(ess: /I /e./us CI I (J i S % /CJ elk. /3 70 Si!Pg7- /% , 19 i .z- 2. A'FTA HIED SUPPLEME�tTS: The toliowin A,QHED supplements are incorporated in this agreement: El 3. ESCROW: Escrow Instructions shall be sinned by Buyer and.Seller and delivered to d -m e-cc leow , the designated Escrow Holder, within a, calendar days afteracceptanceoftheoffer(or❑at least calendar days before close ofescrow). Buyerand Seller hereby jointly instruct Escrow Holder and Brokei(s)ihat Buyer's deposif(s) placed into escrow or into Broker's trust account will be held as a good faith deposit toward the completion of this transaction. Release of Buyer's funds will require mutual, signed releaseinstructionsfrom both Buyerand Seller, judicial decision, orarbitration award. Escrow shall close ❑ on , 19_, or El within _c6calendar days after acceptance of the offer. Escrow fee to be paid as follows: 5?,57 c i i 6,e iY,P! 4. OCCUPANCY: Buyer ❑ does, X do s not Intend to occupy Property as Buyer's primary residence. ,}� 5. POSSESSION AND KEYS: -Seller shall deliver possession and occupancy of the Property to Buyer It on the date of recordation of the deed at /� AMCM, or ❑ no later than _ calendar days after date of recordation at AM/PM, or ❑ Property shall be vacant unless otherwise agreed in writing. If applicable, Seller and Buyer shall execute Interim Occupancy Agreement (CAR FORM IOA-14) or Residential Lease AgreementAfter Sale (CAR FORM RLAS-11). Sellershall provide keys and/ormeans to operate all Property locks, mailboxes, security systems, alarms, garage door openers, and Homeowners' Association facilities. _ 6. TITLEAND VESTING: Buyershall be provided acurrent preliminary (title) reportat C�h l'S �°/ expense. Buyershall, within thetime specified In paragraph 26B(5), provide written notice to Seller of any items reasonably disapproved. (A preliminary report i only an offer by the title insurer to issue a policy of title Insurance and may not contain every item affecting title.) At close of escrow: (a) Title shall be transferred by grant deed; (b) title shall be free of liens, except as provided In this agreement; (c) title shall be free of other encumbrances, easements, restrictions, rights, and conditions of record or known to Seller, except for: (1) alfmatlers shown in the preliminary (title) report which are not disapproved in writing byBuyer as above, and (2) ; (d) Bu ,r shall receive a California Land Title Association (CLTA)policy Issued by ( - l e, e, T - Company, at / ,� expense. (An ALTA-R policy may provide greater protection.for Buyer and may be available at the ame or slightly higher cost than a CLTA policy. The designated title company can provide information, at Buyer`s request, about availability and desirability of other types of title Insurance.) For Seller financing, paragraph 1L(5) provides for ajointprotectlon policy. Title shalivest as designated in Buyer's escrow instructions. (THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES; THEREFORE, BUYER SHOULD GIVE'THIS MATTER SERIOUS CONSIDERATION.) 7. PRORATIONS: A. Real property taxes and assessments, Interest, rents, Homeowners' Association regular dues and regular assessments, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and shall be paid current and.prorated between Buyer and Seller, unless otherwise shown in paragraph 7B or 7C, as of: 0 date of recordation of the,deed, or ❑ B. Mello -Roos andotherSpecial Assessment District bonds and assessments which are now a lien shanbe: 0 paid current by Seller as of the date shown in paragraph 7A (payments that are notyet due shall be assumed. by Buyer without credit toward the purchase price); or ❑ • C. Homeowners' Assoclation special assessments, which are now alien, shall be: ❑ paid -current by Seller as of the date shown In paragraph 7A (payments that are not yet due shall be assumed by Buyer without credit toward the, purchase price); or ❑ D. l' Coup transfer tax orr transfer fee shall be paid by .C1�el( !/S• � "/�-�/ - . City transfer tax or transfer fee shall,be paid by l 'r' a/7-tf wners' As ociat)on transfer fee shall be paid by E. THE PROPERTY WILL BE R ASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL AFFECT THE TAXES TO BE PAID. Any supplemental tax bills shall be paid as follows: (1) for periods after close of escrow, by Buyer (or by final acquiring party, if part of an exchange), and (2) for periods prior to close r ? of escrow, by Seller. TAX BILLS ISSUED AFTER CLOSE•OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. % CON D OMINI UM/P. D.: I f the Property is in a condominium/plann ad development: (a) the Property has_ assigned parking space(s); (b) the current reg ular Homeowners' Association dues/assessments are $ ❑ monthly, or ❑ (c) Sellershall promptly disclose in writing to Buyerany known pending special assessments, claims, or litigation; and (d) Sellershall promptly request, and, upon receipt, provide to Buyer copies of covenants, conditions, and restrictions; articles of incorporation; by-laws; other governing documents; most current financial statement distributed (Civil Code §1365); statement regarding limited enforceability of age restrictions, if applicable;current Homeowners' Association statement showing any unpaid assessments (Civil Code §1368); any otherdocuments required bylaw; most recent six months Homeowners' Association minutes, if available; and . Buyer shall, within the time specified in paragraph,26B(5)„provide.written notice to Seller of any Items disapproved. READ PARAGRAPH 7 FOR PRORAT IONS AND TRANSFER FEES. - 9. BUYER'S INVESTIGATION OF PROPERTY CONDITION: Buyer shall have the right to conduct inspections, investigations, tests, surveys, and other studies I("Inspections") at Buyer's expense. Buyer shall, within -the times specified in paragraphs 268(2) and (3), complete these Inspections and shall notify Sefler writing of any Items)disapproved. Buyeris stronglyadvisetl to exercise this nghtand to make Buyer's own selection of professlonalswith appropriate qualifications tq conduct Inspections of the entire Property. If Buyer does notexercise this right to conduct Inspections, Buyer is acting against the advice of Broker's}, in any event, Buyeris>elyying uppon Inspections made or obtained by Buyer. BUYER AND SELLER ARE AWARE THAT THE BROKERS) DOES) NDT GUARANTEE, AND IN NO WAY ASSUMES) RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BUYER IS ALSO AWARE OF BUYER'S AFFIRMATIVE DUTYTo EXERCISE REASONABLE CARETO PROTECT I IMSELFOR HERSELF, INCLUDINGTHOSEFACTS WHICH ARE KNOWN TOOfl WITHINTHE DILIGENTATTENTItlN Seller shall make -the Property available -for all Inspections. Buyer shall keep the Property free and clear of liens; -shall indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs; and.shall repair all damages arising from the Inspections. No Inspections may be made by any building or zoning inspector or government employee without the prior written consent of Seller. Buyer shall provide to Seller, at no cost, upon request -of Seller, complete copies of all Inspection reports obtained by Buyerconcernmg the -Property. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OFTHEPROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF TEE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: A. Built-in appliances, structural, foundation, roof, plumbing, heating, air conditioning, electrical; mechanical, security, pool/spa systems and components, add any personal property Included in the sale. B. Square footage, room dimensions, lotsize,.and age of Property jmprovementsl (Any numerical statements regarding these items are APPROXIMATIONS ONLY and should not be relied upon.) C. Property fines andboundanes.(Fenoes,hedges,walls, and othernaturalorconstmctedbarriers ormarkersdonot necessarily identify true Property boundaries. Property lines may be verified by survey.) D. Sewer, septic, and well is and components. (Property may not be connected -to sewer, and ap)illcable fees may not have,been paid. Septic tank may need to be pumpedVnd leach field may need to be inspected.) E. Limitations, restrictions, and requirements regarding Property use, future development, zoning, building, size, governmental "permits, and inspections. F. Water and utility availability and use restrictions. G. PotentjalanvironmentalhazardsIncludingasbestos,formaldehyde,.radongas,lead-based paint, other lead contamination, fuel or chemicafstorage'tanks, contaminated soil or water, hazardous waste, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions, H. Geologio/seismic conditions, soil and terrain stability, suitability, and drainage. 1. Neighborhood or Property conditions including schools, proximity and adequacy of.law enforcement, proximity to commercial, industrial, or agricultural activities, crime statistics,.fire protection, othergovernmental services, existing and proposed transportation, construction,and development,, airport noise, noise or odor from any source, other nuisances, hazards, or circumstances, and anyronditions or influences of significance to certain culturesand/or religions. J. Buyer is advised to make further inquiries and to consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning the use of the Property under applicable building, zoning, fire, health, and safety codes, and for evaluation of potential hazards. K. Other: Buyer and Seller acknowledge receipt of copy of this page, which const'ty s Page 2 of --7—Pages y ioFJ FICE USE ONLY Buyer's Initials ( 1.{� ) ( Seller's Initials ( ` ) ( ) Ij �) Reviewed by Broker or Designee Date M-PM-7/93 SELLER'S COPY Property Address: Jr t- 16, CONDMON-OF PROPERTY: (Initial O ragraph-A or B; DO NOT Initial both.) s4er's Initials Seller's Initials , •. r A. SELLERWAgRANTY. QfA is Initialled, DO NOT Initial B.) Sellerwarrants thaton the date possession is made available to Buyer. (1) Roofs all bAree of KNOWN leaks; (2) built-in appliances (Including free-standing oven and range, if included in sale), plumbing, heating, air conditioning, electrical, water, sewer/septic, and pool/spa systpms, if any, shall be operative; (3) plumbing systems, shower perils), and shower enclosure(s) shall be free of leaks; (4) allbroken orcracked glassshall be replaced; (5) Property; including pool/spa, landscaping, and grounds, shall be maintained in substantially the same condition as on the date of acceptance of the offer; (6) all debris and all personal property not included in the sale shall be removed; (7) NOTE TO BUYER: This warranty is limited to items specified in this paragraph A. Items discovered in Buyer's Inspections which are not covered bythis paragraph shall be governed by the procedure in paragraphs 9 and 26. NOTE TO SELLER: Disclosures in the Real Estate Transfer Disclosure Statement (CAR FORM TDS-14), and items discovered in Buyer's Inspections, do NOT eliminate Seller's obligations under this warranty unless specifically agreed in writing. OR eruyer'41nelals soil nil Is Y LB. "AS•IS"CONDITION: (If B is initialled, DO NOT initial A.) Property is sold 'P,S•IS;' in its present condition, without warranty.Sellershalln t a responsible for making corrections or repairs of any nature except: (1) Structural pest control repairs, if applicable underparagraph 19, and (2) Buyer retains the right to disapprove the condition of the Property based upon items discovered in Buyer's Inspections under paragraph 9. SELLER REMAINS OBLIGATED TO DISCLOSE ADVERSE MATERIAL FACTS WHICH ARE KNOWN TO SELLER AND TO MAKE OTHER DISCLOSURES REQUIRED BYLAW. 11. TRANSFER DISCLOSURE STATEMENT: Unless exempt, a Real Estate Transfer Disclosure Statement ("TDS") (CAR FORM TDS-14) shall be completed by Seller and delivered to Buyer (Civil Code §§11Q2-1102.15). Buyer shall sign and return a ggpy of the TDS to Seller or Seller's agent: (a) ❑ Buyer has received a TDS prior to execution of the offer,OR(b) l�7Buyershall beprovided aTDS within J_calendar days after acceptance ofthe offer. Ifthe TOS Is delivered to Buyer after the offer is executed, Buyershall have the right to terminate this agreement within three (3) days after delivery in person, or five (5) days after delivery by deposit in the mail by giving written notice of termination to Seller or Seller's agent. DISCLOSURES IN THE TDS DO NOT ELIMINATE SELLER'S OBLIGATIONS, IF ANY, UNDER PARAGRAPH 10. 12. PROPERTY DISCLOSURES: When applicable to the Property and required bylaw, Sellershall provide to Buyer, at Seller's expense, the following disclosures and information. Buyer shall then, within the time specified in paragraph 26B(5) and (6),investigate the disclosures and information and provide written notice to Seiler of any item disapproved pursuant to A-C and El(b) below. A. GEOLOGIC/SEISMIC HAZARD ZONES DISCLOSURE: If the Property is located Ina Special Studies Zone (SSZ) (Public Resources Code §§2621.2625), Seismic Hazard Zone (SHZ) (Public Resources Code §§2690-2699.6), orin alocally designated geological, seismic, Brother hazard zone(s) or area(s) where disclosure is required bylaw, Seller shall, within the time specified in paragraph 26B(7), disclose in writing to Buyer this fact(s) and anyother-information requited bylaw. (GEOLOGIC, SEISMIC AND FLOOD HAZARD DISCLOSURE (CAR FORM GFD-14) SHALL SATISFY THIS REQUIREMENT.) Construction or development of,any structure may be restricted. Disclosure of SSZs and SHZs is required only where the maps, or information contained in the maps, are "reasonably available" as defined in Public Resources'Code §§2621.9(c)(1) and 2694(c)(1). B. SPECIAL FLOOD HAZARD AREAS; If the Property is located Ina Special Flood Hazard Area designated by the Federal Emergency Management Agency (FEMA), Seller shall, within the time specified in paragraph 26B(7), disclose this fact In writing to Buyer. (GEOLOGIC, SEISMIC AND FLOOD HAZARD DISCLOSURE (CAR FORM GFD44) SHALL SATISFY THIS REQUIREMENT.) Government regulations may impose building restrictions and requirements -- --wfrch-may substantially impact and limit construction and remodeling of improvements. Flood insurance may be required by.lender. C. STATE FIRE RESPONSIBILITY AREAS: Ifthe Property Is located In aState Fire Responsibility Area, Seller shall, Within thetimespecified Inparagraph 26B(7), - _ disclose this fact in writing to Buyer (Public Resources Code §4136). Disclosure may be made in the Real Estate Transfer Disclosure Statement (CAR FORM TDS-14). Government regulations may impose building restrictions and requirements which may substantially impact and limit construction and remodeling of improvements. Disclosure of these areas is required only if the Seller has actual knowledge that the Property is located in such an area or If maps of such areas have been provided to the county assessor's office. D. MELLO-ROOS: Seller shall make a good faith effort to obtain a disclosure notice from any local agencies which levy on the Property a special tax pursuant to the Mello -Roos Community Facilities Act, and shall deliver to Buyer any such notice made available by those agencies. E. EARTHQUAKE SAFETY: 1. PRE-1960 PROPERTIES: If the Propertywas built priorto 1960, and contains ONE -TO -FOUR DWELLING UNITS of conventional light frame construction, Sellershall, unless exempt, within the time specified in paragraph 26B(7), provide to Buyer: (a) a copy of "The Homeowner's Guide to Earthquake Safety," and (b) written disclosure of known seismic deficiencies (Government Code §§8897-8897.5). t, 2. PRE-1975 PROPERTIES: If the Property was built prior to 1975, and contains RESIDENTIAL, COMMERCIAL, OR OTHER STRUCTURES constructed of masonry or precast concrete, with wood frame floors or roofs, Seller shall, unless exempt, within the time specified in paragraph 26B(7), provide to Buyer a copy of "The Commercial Property Owner's Guide to Earthquake Safety" (Government Code §§8893-8893.5). 3. ALL PROPERTIES: If the booklets described in paragraphs Et -and E2 are not required, Buyer is advised that they are available and contain important Information that may be useful for ALL TYPES OF PROPERTY (Civil Code §§20798 and 2079.9). F. SMOKE DETECTOR(S): State law requires that residences be equipped with operable smoke delector(s). Local ordinances may have additional requirements. Unless exempt, Seller shall, prior to close of escrow, provide to Buyer a written statement of compliance and any other documents required, in accordance with applicable state and local law. (SMOKE DETECTOR STATEMENT OF COMPLIANCE (CAR FORM SDC-11) SHALL SATISFY THE STATE PORTION OF THIS REQUIREMENT.) Additional smoke detector(s), if required, shall be installed by'Seller at Seller's expense prior to close of escrow. G. ENVIRONMENTAL HAZARDS BOOKLET Thebooklet, "Environmental Hazards: Guide for Homeowners and Buyers," is published bythe California Department of Real Estate, and contains Information that may be useful for -ALL TYPES OF PROPERTY (Civil Code §2079.7). H. LEAD BASED PAINT:BuyersobtainingnewFHA-insuredfinancing onresidential properties constructed priorto1978are requiredtosignstood paintdisclosure form. (NOTICE TO PURCHASERS OF HOUSING CONSTRUCTED BEFORE 1978 (CAR FORM LPD-14) SHALL SATISFY THIS REQUIREMENT.) 1. OTHER: 13. GOVERNMENTAL COMPLIANCE: Sellershall promptly disclose to Buyer any improvements, additions, alterations, or repairs ("Improvements") made by Seller or known to Seller to have been made without required governmental permits, final inspections, and approvals. In addition, Seller represents that Seller has no knowledge of any notice of violations of City, County, State, or Federal building, zoning, fire, or health laws, codes, statutes, ordinances, regulations, or rules filed or Issued against the Property. If Seller receives notice or is made aware of any of the above violations prior to close of escrow, Sellershall Immediately notify Buyer In writing. Buyer shall, within the time specified in paragraph-26B(5), provide written notice to Seller of any items disapproved. 14. RETROFIT: Compliance with any minimum mandatory government retrofit standards, including but not limited to energy and utility efficiency requirements and proof of compliance, shall be paid for by ❑Buyer, Seller. 5:'^FIXTUREVAll existing fixtures and fittingsthatare attached to the Property or forwhich special openings have been made are INCLUDED IN THE PURCHASE PRICE (unless excluded below) and are to be transferred free of liens. These include, but are not limited to, electrical, lighting, plumbing and heating fixtures, fireplace Inserts, solar systems, built-in appliances, screens, awnings, shutters, window coverings, attached floor coverings, television antennas/satellite dishes and related equipment, private integrated telephone systems, aircoolers/conditioners, pool/spa equipment, water softeners (If owned by Seller), securitysystems/alarms (if owned by Seller), garage doormpeners/remote controls, attached fireplace equipment, mailbox, in -ground landscaping Including trees/shrubs, and ITEMS EXCLUDED: ' /V 1&-PERSONAL'PROPERTY: The following items of personal property, free of liens and without warranty of condition (unless provided Inparagraph 10A)orfitness Ei' for use, are Included: 'f:'IiOME'WARRA'NTY'PLANS: Buyer and Seller are informed that home warranty plans are available. These plans may provide additional protection and It _fit I t to Buyer and Seller. Broker(s) do not endorse, approve, or recommend any particular company or program. Buyer and Seller elect (Check ONLY ONE): ❑ To purchase a home warranty plan with the following optional coverage at a cost not to exceed $ , to bepaidby , and to be Issued by Company, OR ❑ Buyer and Seller elect NOT to purchase a home warranty plan. ry 8-SEPTIC SYSTEM:-(If•initialled by all parties.) / Buyer's Initials Seller's Initials ❑ Buyer, ❑ Seller shall pay to have septic system pumped and certified. Evidence of compliance shall be provided to the other party before close of escrow. ❑ Buyer, ❑ Seller to pay for sewer connection if required by local ordinance. •, OFFICE USE ONLY Reviewed by Broker or Designee Buyer and Seller acknowledge receipt of copy of this page, which consiM Page 3 of Pages. AN A ,HeBuyer's Initials rf .) ( F ) Seller's Initials ( ) ( ) Date MPM-7/93 LER'S COPY t. a . Li F)r party Address: �" u , 7104 S �G Tsj '� �Q ���c' / 3 % J'lP/.�i , 19_�i PE3'FCONfROL: (if Initialled by II party �ff eular'elnlllela Seller's Initials A. Seller shall, within the time specified in paragraph 26B(8), provide to Buyera current written Wood Destroying Pests and Organisms Inspection Report. Report shall be at the expense of ❑ Buyer, ❑ Seller, to be performed by , a registered Structural Pest Control Company, covering the main building and (If checked): ❑ detached garage(s) or carport(s); ❑ the following other structures on the Property: B. If requested by Buyer or Seller, the report shall separately identify each recommendation for corrective work as follows: "Section 1": Infestation or infection which is evident. "Section 2": Conditions that are present which are deemed likely to lead to infestation or infection. C. If no Infestation or infection by wood destroying pests or organisms is found, the report shall include a written Certification that on the inspection date no evidence of active infestation was found (Business and Professions Code §8519(a).) D. Work recommended to correct conditions described in "Section 1" shall be at the expense of ❑ Buyer, ❑ Seller. E. Work recommended to correct conditions described in "Section 2;' if requested by Buyer, shall be at the expense of ❑ Buyer, ❑ Seller. F. Work to be performed at Seller's expense may be performed by Seller or through others, provided that: (a) all required permits and final inspections are obtained, and (b) upon completion of repairs a written Certification is issued by a registered Structural Pest Control Company showing that the inspected property "is now free of evidence of active infestation or infection:' (Business and Professions Code §8519(b).) G. If Inspection of inaccessible areas is recommended in the report, Buyer has the optign to accept and approve the report, or request in writing within 5 (or ❑ _) calendar days of receipt of the report that further inspection be made. BUYER'S FAILURE TO NOTIFY SELLER IN WRITING OF SUCH REQUEST SHALL CONCLUSIVELY BE CONSIDERED APPROVAL OF THE'REPORT. If further inspection recommends "Section 1" and/or "Section 2" corrective work, such work, and the inspection, entry, and closing of the inaccessible areas, shall be at the expense of the respective party designated in paragraphs (A), (D) and/or (E). If no Infestation or infection is found, the inspection, entry, and closing of the inaccessible areas shall be at the expense of Buyer. H. Inspections, corrective work, and certification underthis paragraph shall not Include roofcoverings. Read paragraph 9A concerning Inspection of roof coverings. 1. Work shall be performed in a skillful mannerwith materials of comparable quality, and shall include repair of leaking shower stalls and pans and replacement of tiles and other materials removed for repair. Itis understood that exact restoration of appearance or cosmetic Items following all such work is not Included. J. Funds for work agreed in writing to be performed after close of escrow shall be held in escrow and disbursed.upon receipt of a written Certification that the Inspected property "is now free of evidence of active infestation or infection: `(Business and Professions Code §8519(b).) K. Other: — 0.-SAL -OP`BU PRO TY: (If Initialled by all parties.) Buyer's Initials Seller's Initials This agreement is contingent upon the close of escrow of Buyer's property described as situated in . Buyer's property is: ❑ Listed with Company, [I in escrow No. with Company, scheduled to close escrow on ,19_. A. (Check ONE:) ❑ Seller shall have the right to continue to offer the Property for sale, ❑ Seller shall NOT have the right to continue to offer the Property for sale (other than for back-up offers), ❑ Seller shall NOT have the right to continue to offer the Property for sale (other than for back-up offers) until _ calendar days after acceptance of the offer. B. If Seller has the right to continue to offer the Property for sale (other than for back-up offers) and Seller accepts another offer, Seller shall -give Buyer written notice to (1) remove this contingency in writing and (2) comply with the following additional requirements If Buyer fails to complete those actions within _ hours or_ calendar days after receipt of such Notice from Seller, then this agreement and any escrow shall terminate and the deposit (less costs Incurred) shall be returned to'Buyer. C. If Seller does not give the Notice above and Buyer's property does not close escrow by the date specified in paragraph 3 for close of escrow of this Property, then either Seller or Buyer may cancel this agreement and any escrow by giving the other party written notice of cancellation, and the Buyer's deposit (less costs incurred) shall be returned to Buyer. � NG66L-ATdeN-()F-PRIOR'SAL-E4BACK-UP OFFER: (If Initialled by all parties.) 1*4 Buyers Initials Seller's Initiate Buyerunderstands that Seller has entered Into one or more contracts to sell the Property to a different buyer(s). The parties to any prior sale may mutually agree to modify or amend the terms of that sale(s). This agreement is contingent upon the written cancellation of the previous purchase and sale agreement(s) andany related escrow(s). (Check ONLY ONE of the following.) ❑ CANCELLATION OF PRIOR SALE: If written cancellation of the previous agreement(s) is not received on or before 119_1 then either Buyer Or Seller may carrel this agreementand any escrow by giving the other party to this agreement written notice of cancellation. Buyer's deposit, less costs Incurred, shall then be returned to Buyer. ❑ BACK-UP OFFER: This is a back-up offer in back-up position No. . BUYER'S DEPOSIT CHECK SHALL BE HELD UNCASHED until a copy of the written cancellation(s) signed by all parties to the prior sale(s) is provided to Buyer. Until Buyer receives a copy of such cancellation(s), Buyer may cancel this agreement by provtdtng written notice to Seller. Buyer's deposit shall then be returned to -Buyer. AS RELATES TO A BACKUP OFFER, TIME PERIODS IN THIS AGREEMENT WHICH ARE STATED AS A N UMBER OF DAYS SHALL BEGIN ON THE DATE SELLER GIVES TO BUYER WRITTEN NOTICETHATANY PRIOR CO TRACT(S) HAS BEEN CANCELLED. IF CLOSE OF ESCROW OR ANY OTHER EVENT IS SHOWN AS A SPECIFIC DATE, THAT DATE SHALL NOT BE EX NDED UNLESS BUYER AND SELLER SPECIFICALLY AGREE IN WRITING; 22. COU T CONFIRMATION: (If t Itialled by all parties.)�//�j Buyer'ganillels seller's initial This greementiscontl ant c urt confirmation onorbefor - ,19 .Thecourtmayallowopen,compehuve i mg, resulting in the Property being sold to the highest bidder. Buyer has been advised to be in court when the offer is considered forconfirmation. Court confirmation maybe required Ina probate, conservatorship, guardianship, receivership, bankruptcy, or other proceeding. Buyer understands that the Property may continue to be marketed by Broker(s) and others, and that Broker(s) and others may represent other competitive bidders priorto and atthe court confirmation. if court confirmation is not obtained by date shown above, Buyer may cancel this agreement by giving written notice of -cancellation to Seller. 23: NOTICES: Notices given pursuant to thi agreement shall, unless otherwise required by law, be deemed delivered to Buyer when personally received by Buyeror '/ho is authorized to receive it for Buyer, or to Seller when personally received by Seller or , who Is authorized to receive itfor Seller, Delivery may be in person, by mail, or facsimile. 24. TAX WITHHOLDING: A. Under the Foreign Investment In Real Property Tax Act (FIR the gross sales price from Seller's proceeds and send it to B, Imaddition, under Callfornia.Revenueand Taxation Code §F of the gross sales price from Seller's proceeds and send it Seller's proceeds will be paid to a financial Intermediary of C. Penalties maybe imposed on aresponslmeparty tor r to execute and deliver any instrument, affidavit, staN under those statutes if required. (SELLER'S AFFIDAV AFFIDAVIT (CAR FORM AB•11), IF APPLICABLE, SI 25. RISK OF LOSS: Except as otherwise provided in this agreem has been transferred, or possession has been given to Buyer, which with paragraph 1Q if applicable. If the land or Improvements to the P pricerthen Buyer shall have the option to either terminate this agre orSailor for credit reports, appraisals, title examination, or Inspect! by insurance, Seller shall assign to Buyer all Insurance proceeds ct TO SEEK ADVICE OF THEIR INSURANCE ADVISORS as to the IRC §1445, every Buyer must, unless an exemption applies, deduct and withhold10% of ternal Revenue Service, if the Seller is a "foreign person" under.that statute. I and 26131, every Buyer must, unless an exemption applies, deduct and withhold 3.113% Franchise Tax Board if the Seller has a last known,address outside of California of if the eller. �- Icewith the requiremdnts of these statutesand related regulations. Sellerand Buyeragree Iruclion reasonably necessary to carry out these requirements, and to withholding of tax OREIGN STATUS -AND/OR CALIFORNIA RESIDENCY (CAR FORM AS•14), OR BUYER'S -Y THESE REQUIREMENTS.) )ss to the Property which occurs after the offer is accepted shall be borne by Seller until either the title 1. Any damage totalling 1.0(one) a/o or less of the purchase price shall be repaired by Seller in accordance /roved or materially damaged prior to transfer of title in an amount exceeding 1.0 (one)%of the purchase i that par y's responsibility. If Buyer elects to purchase the Property and the loss is covered If title andpossession do not occuratthesame time, BUYER AND SELLER AREADVISED thereof. Buyerand Seller acknowleoq receipt of copy of this page, which const't ge 4 of, Pages. �[- ICE U 1Y ,'� Buyers Initial )l�r ) (_�) Seller's Initials ( ) ( ) y V ,`-�y,1y, Reviewed by Broker or Designee rauuxauyiw Date OPPORTUNITY M-PM-7/93 COPY Property Address: 28. CONTINGE AND SELLER INITIAL NOT APPLY. Buyer's Initials Sell 'a liters � L- BUYER'S DISAPPROVAL OF ITEMS OR REMOVAL OF CONTINGENCIES SHALL BE IN WRITING (except financing cant gency, if paragr 1A(1) Is checked). IF BUYER FAILS TO REMOVE OR WAIVE ALL CONTINGENCIES IN WRITING WITHIN THE STRICT TIME PERIODS SPECIFIED IN THIS A EEMENT, THEN SELLER MAY CANCEL THIS AGREEMENT BY GIVING WRITTEN NOTICE OF CANCELLATION TO BUYER. B. TIME FRAMES: Buyer and Seller agree to be bound by the following time periods: BUYER has the following number of calendar days to take the action SELLER has the following number of calendar days to PROVIDE to specified, BEGINNING ON THE DATE OFACCEPTANCE OFTHE OFFER: Buyer, as applicable, the information listed below, BEGINNING ON THE 1. _ Loan Application(s) (submit to lender(s) for new loan(s) and DATE OF ACCEPTANCE OF THE OFFER: assumption(s), submit to Seller for seller financing), submit written acknowledgment to Seller (Para 11) 2. Buyer Inspections of Property(complete inspections, except GEOLOGIC, and give notice of disapproval) (Para 9) Buyer Inspections of Property (complete GEOLOGIC Inspections and give notice of disapproval) (Para 9) 4. BUYER has the following number of calehdar days to DISAPPROVE the items listed below, BEGINNING ON THE DATE -OF BUYER'S RECEIPT OF EACH ITEM: 5. _ Existing Loan Documents (Para 1J), Preliminary (Title) Report (Para 6), Condominium/Planned DevelopmentDocuments (Para 8), Geologic/Seismic/Flood/State Fire Zones/Areas (Para 12A-0), Governmental Notices Disclosure (Para 13) 7. �_ Geologic/Seismic/Flood/State Fire Zones/Areas Disclosures, if applicable (Para 12A-C), Homeowner's Guide to Earthquake Safety and/or Commercial Property Owner's Guide to Earthquake Safety (Para 12E) 8. /Q Pest Control Report (Para 19) 9. _ The items listed below, as applicable, shall promptly be requested and upon receipt provided to Buyer: 10. ;Existing Loan Documents (Para 1J), Preliminary (Title) Report (Para 6), Condominium/Planned Development Documents (Para 8), Mello -Roos Disclosure (Para 12D) 11. C. DISAPPROVAUJAPPROVAL OF ITEMS' (1) If, within the timelpecified, Buyer provides written reasonable disapproval to Seller of any item forwhich Buyer has a disapproval right, Seller shall respond in writing within -`,i' _ calendar days after receipt of Buyer's notice. If Seller is unwilling or unable to correct the Items disapproved by Buyer, then Buyer may cancel this agreement by giving written notice of cancellation to Seller within _,calendar days (after receipt of Seller's response, or after expiration of the time for Seller's response, whichever occurs first), in which case Buyer's deposit shall be returned to Buyer. If paragraph A2 is initialled, then Buyer shall provide Seller with a written notice of either cancellation or election to proceed. If Buyer elects to proceed with the transaction without Seller's correction of items, Buyer shall assume all liability, responsibility, and expense for repairs or corrections, including the, expense of compliancewith governmental agency requirements. This does not, however, relieve the Seller of any contractual obligations to repair or correct items otherwise agreed upon. (2) If a MELLO-ROOS DISCLOSURE notice under paragraph 12D is delivered to Buyer afterthe offer is executed, Buyer shall have three (3) days afterdelivery In person or five (5) days after delivery by deposit in the mall to give written notice.of termination to Seller. .D. FOR ALL TIME PERIODS: 1. Sbyer and Seller understand that time periods can be changed only by mutual written agreement. 2. If this is a back-up offer (paragraph 21), time periods which are shown as a number of days beginning on the date of acceptance of the offer shall instead begin on the,dale Seller gives to -Buyer written notice that any prior contract(s) has been cancelled. 27. FINAL VERIFICATION OF CONDITION:-BuyershallhavetherighttomakeafinalinspectionofthePropertyapproximately5(or❑_)calendardays prior [o close of escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm that: (a) Seller has completed alterations, repairs, replacements, or modifications ("Repairs") as agreed in writing by Buyer and Seller, and has complied with warranty obligations, if any, in paragraph 10, and (b) the Property Is otherwise in substantially the same condition as on the date of acceptance of the offer. Repairs under this agreement shall be completed prior to close of escrow unless otherwise agreed in writing, and shall comply with applicable building code and permit requirements. Materials used shall be of comparable quality to 28. Bed of a 29. to parties involved. of a isa a parties m the cc receivership, injunction, or 1 matters are excluded frorr (b) an unlewiul detainer action, (c) the filing or enforcement of a mechanic's lien, and (d) any an /IN THE 'ARBITRATION OF,DISPL Buyerp initials Seller's Initials an or claim in law or eUUuity between Buyer and Seiler arising out of this contract or any resulting mediation shall be debided by neutral, binding arbitration and not by court action, except as view of arbitration proceedings. In addition, if paragraph 30 is initialled by Broker(s), Buyer alms involving an initialling -Broker as defined by that paraggraph, consistent with this provision. litial paragraph 30 shall not affect i6e applicability of the -arbitration provision between Buyer and are or ARISING OUT OF THE MATTERS INCLUDED Buyer and Seller acknowledg%receipt of copy of this page, which cc s' Page 5 of ,Pages. �• 'Buyer's Initials ( lam) ( ) Seller's Initials ) () SELLER'S COPY OFFICE USE ONLY FDeate by Broker or Designee ur o,'neii x'in M-PM-7/a3 _e10.f­7-16rW_E for Lo:-i' t /d f3Jk / 3 7 . SP 7 is f Initialled.) Any Broker ho Is below agrees to -(a) mediate any dispute or with Buyer, Se ter, r other initialling Broker, of this contract or any res1111111111lig transaction, consistent with paragraph - , and (b) arbitrate any dispute or claim with ;'or other initialling Broker Arising dul'of this contract or any resulting transaction, consistent with paragraph 29. However, if the lely between the Brokers, It shall Instead be submitted for mediation and arbitration in accordance with the Board/Association of or MLS rules. If those entities decline to handle the matter, it shall be submitted pursuant to paragraphs 28 and 29. The initialling raph shall not result in any Broker being deemed a party to the purchase and -sale agreement. As used in this paragraph, "Broker" kerage firm -and any licensed persons affiliated with that brokerage firm. (Initials) (Iniusts) 31. LIQUIDATED DAMAGES Initialled by all parties.) A'S tlsWren I Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any default of Buyer: eller shall eased from obligation to sell the Property to Buyer. B. Seller shall , as liquidated damages for breach of contract, the deposit actually paid. Buyer and Seller shall execute RECEIPT FOR INCREASED DEPOSITILIQUIDATED DAMAGES (CAR FORM RID-11) forany increased deposits. However, the amount retained shall be no more than 3%of the purchase price if Property is a dwelling with no more than four units, one of which Buyer intends to occupyas Buyer's residence. Any excess shall be promptly returned to Buyer. C. Seller retains the right to proceed against Buyer for specific performance or any other claim or remedy Seller may have in law or equity, other than breach of contract damages. D. In the event of a dispute, Funds deposited in trust accounts or escrow are not released automatically and require mutual, signed release Instructions from, both Buyer and Seller, judicial decision, or arbitration award. 32. ATTORNEY'S FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, except as provided In paragraph 28, 33. MULTIPLE LISTING SERVICE: If Broker is aPar(icipantofamultiplelisiffigservlce,(MLS),Brokerisauthorizedtoreportthesale,price,terms,andfinancing for publication, dissemination, information, and yf�he MLS,, Items 'arena an�t1 authorized members,,participants�, an_d suonifars. 34.OTHER TERMS AND CONDITIONS: �L/�Tn (�7/ z;0�/I2a/V Q� �'/h/TS fG✓ CATS TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All prioragreements between the parties are incorporated in this agreement, which constitutes the entire contract. Its terms are intended by the parties as a final, complete and exclusive expression of their agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement The captions In this agreement are for convenience of reference only and are not intended as part of this agreement. This agreement may not be extended, amended, modified, altered, or changed in any respect whatsoever except by a further agreement in writing signed by Buyer and Seller. AGENCY CONFIRMATION: The following agency relatlonship(s).pre hereby confirmed for this transaction: Listing Agent: is -the agent of (check one): (Print Firm Name) ❑ the Seller exclusively; or ❑ both t e Buyer and Seller. Selling Age�!ta•)r! LE—W LVQZI ywl° c r.} n P (if not same as Listing Agent) is the agent of (check one): . (Print Firm Name) 0(the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seiler. (IFTHE PROPERTY CONTAINS 1.4 RESIDENTIAL DWELLING UNITS, BUYERAND SELLER MUST ALSO BE GIVEN ONE OR MORE DISCLOSUREREGARDING REAL ESTATE AGENCY RELATIONSHIPS FORMS (CAR FORM AD41).) OFFER: This is an offer to purchase the Property. All paragraphs with spaces for initials by Buyer and Seller are Incorporated in this agreement only If Initialled by both parties. If only one party Initials, a Counter Offerls required until agreement is reached. Unless acceptance is signed bySeller and a signed copy delivered in person, by mail, or face and and personally received by Buyer or by 7d M 1<<'✓E7r /tfy ,%yam �aY/`/E /Ci , who is authorized to receive it, byJ�/� ,1993 at AM/PM, the offer shall be deemed revoked and the deposit shall be returned. Buyer and Seller acknowledge that Broker(s) islare not a party(ies) to the purchase and sale agreement. Buyer has read and acknowledges receipt of a copy of the offer and agreestothe above confirmation of agency relationships. This agreement and anysupplement, addendum, or modification, including anyphotocopyorfacsimlle, may be executed in two or more counterparts, all of which shall constitute one and the same writin ! // ' Receipt fo d sit is acknowled�ye..d YB 1�YER Z2 �✓ ✓� �' �" 't" 1 BROKER'ME )1 ✓6Yi 1 TJY4��S )-�✓1� BUYER f`� The undersigned Seller accepts the above and agrees to sell the Property on the above terms and conditions and agrees,to the above confirmation of agency relationships (❑ subject to attached counter offer). Seller agrees to pay compensation for services as to-�ll99ws: _ '77/X1-F fP✓can f ?`� to 67Pf✓61W 19el• Broker, and payable: (a) on recordation ofthe deed or other evidence of title, or (b) if completion of sale is prevented bydefault of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of Buyer, only if and when Seller collects damages from Buyer, by suitor otherwise, and then in an amount equal to one-half•of the damages recovered, but not to exceed the above compensation, after first deducting title and escrow expenses and the expenses of coil�jct oi, if any. Seller hereby Irrevocably assigns to Broker(s) such compensation from Seller's proceeds in escrow. In any action, proceeding, or arbi A ttion re tldg to the payment of such compensation, the prevailing party shall be entitled to reasonable attorney's fees and costs, except as provided paragr ph' It un er gned Seller has read, acknowledges receipt of a copy of this agreement, and auutth�orizes Broker(s) to deliver a signed copy to Buy � Vt Date 6 C Telephone Fax `" y�' SELLER Real Estate Broker(s) confirm(s) agency relationshlp(s) as above. (Real Estate Brokers are not parties to the purchase and sale agreement between Buyer and Seller.): Real Estate Broker (Selling) By Date Address Telephone Fax Date Fax OFFICE USE ONLY use loam b available no for used t the entire real estateas Industry The r_ use CT thla loan Is not Intended to Identify Ihovspr as n nEALTond FDeate by Broker or Designee REAonly by laestateoocense s who are rshlpm kwhich moybou AL _ only CI reel °alai° licensees who oao members It the NATIONAL ASSOCIATION OP eEALTORS andwho eubscnba to ib Cado of Elhica. Page 60f Pages.01P°'" M-PM-T/93 �'_bISCLOSURE REGARDING L ESTATE AGENCY RELATION * C (As required by the Civil Code) CALIFORNIA ASSOCIATION OF REALTORSm (CAR) STANDARD FORM When you enter into a discussion with areal estate agent regarding areal estate transaction, you should from the outset understand what type ' of agency relationship or repres2ntation you wish to have with the agent In the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with'Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: (a) A Fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer &the Seller: �a) Diligent exercise of reasonable skill and care in -performance of the agent's duties. b A duty of honest and fair dealing and good faith. c A duty to disclose all facts known to the agent materially affecting the value ordesirablity of property that are not known to, or within the diligent attention and observation of, the. parties. An agent Is not obligated to reveal to either party any.confidenlial information obtained from the other party which does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with ALI er's consent, ag're et•asaageaUorahe•B yer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either In full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty, and loyally in dealings with the Buyer. To the Buyer & Seller: (a Diligent exercise of reasonable skill and care in performance of the agent's duties. b� A duty of honest and fair dealing and good faith. c) A duty to disclose all facts known tothe agent materially affecting the value or desirability ofthe property.that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER &BUYER A real estateagent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations -to both the Seller and the Buyer: a A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller,or,the Buyer. Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a priceless than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in areal estate transaction do not relieve a Seller or a Buyerfrom the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. Areal estate agent is a person qualified tR advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughl4ut your real property transaction you may receive more than one disclosure form; depending upon the numberof agents assisting in the transaction. The fhw requir6s each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of article 2.5 (commencing with Section 23731 of Chapter 2 of Title 9 of Part 4-of Division 3 of the Civil Code set forth•on the reverse hereof. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE. vfIME 2 AY/PM Date TIMEL.Q1_ j /PM CONFIRMATION REAL ESTATE AGENCY RELATIONSHIPS Subject Property Addres �i The following agency relationships) 's/are hereby confirmed for this transaction: n LISTING AGENT: r ' 4t%4 4 is the agent of (ch ck one): ❑ the Seller exclusively; or ❑ both the Buyer and Seller SELLING AGENT,�%/�,%1/�✓� (if not the same as Listing Agent) is the agent of (check one): the Buyer exclusively; or the Seller exclusively; or ❑ both the Buyer.and Seller I/WE ACK OWLED E E T A COPY OF THIS CONFIRMATION. -. Seller Date✓Buyer. �zz,_ yi rDale-9 /17'7 Seller Date Buyer Date Listing , Selling Date Dad �1y A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL'ADVICE, CONSULT YOUR ATTORNEY. This form is available for use by the entire real a@fate industry. The use of this form is not intended to identily the user as a REALTORS, REALTORS Is a registered collective membership mark which maybe used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to is Code of Ethics. ,[- OFFICE USE ONLY Copyrightc 1987, CALIFORNIA ASSOCIATION OF REALTORS@ FORM AD-11 /AC-6 Reviewed by Broker or Designee ,D,A,„awr 525 South Virgil Avenue, Los Angeles, California 90020 (combined) Date cvraxroein M SO-MAY•ea CHAPTER 2 OF LE 9 OF PART 4 OF 0IVrION 3 OF r- CIVIL CODE Arbefo 25 Agency Relammshlpn in R''dlnlnl Real Prupr. lo- -seen: 2373 As usedmlh's ariale.lNa la!Itlwmg tnrm9 hnvc this fanowuig nn:amng:, (n)Ir9p1 h,C'e°4nd-re-'h fir r91•1rrmen1mg wif, kctorl 101301 of Pad I,jNI, cc, Leith"Or,;hPndi,nUn ro3c,.mdula rth'; ac is mq, t -,Ld p .r, o5 err,. p,;n,ht-a"I,', d (bf k-r=i1C'1c n[ menn,Iron"ub whn,,hc^n•-,-d.e.nm it hJ„hir',-rnr ,-r•nund °tCN,q t-, 3(cnna^Cu•m;lA lr, 5, Cn t ol?Ql c lr,H i r rp,, Fa•5„tnn�CvAo..mdwhnr_rihrrUrcn,rdun', n<biio ,-rmh,,, 0., Intl.. tanry.n'Znin,t rdn +M•', fin 9rtt roar'., ,-,r,7nr nrnnr i.n„i'� rL'rr-r,na.rg �i-:d ;g'�V• ha rr', and to luncUnn under the beaker n ruprrv,,,lon m Ih'+rap:ir�hy of un ar;^ryriata In'cn^re Tr J)I1P:n mpPCal prapti Ky it;rn"aCt,,n 15,am rc,,,-On It, l fy fry Poy et h••r n• r Arta Prersrv`r,'whvr+4f6rm n5 ngrrt'r of thr Pr( rI 14hrn' n --+.ii 01'r' 1'Ne"du7/than/ PI. r,: (pit,Qr W any buyer Or' 2!!Cf Who 13 not prmctpal. In a real property hantaelmn, that duty 13 fqu,vek in lathe durJoh, d to lh.d pamj by Ira b,oi er for who -n tha ass,^'atn I.rcnsce falebons. (c) -Buyer"mcana afrm;lcre^Ina rc.l property transacted, and inc:udca a per:.cawho ex cutesanaffcrto pumhaccreal prepcdy from a-11rr lhm'r h an agent. or%he Scsxs the scrvices of an agent In more than a annual, transRory, or preliminary monnor, with the abject of entering into a real property tranoactton 'Buyer" �nricdrs vendee err Is: "eel Id) "Dual agent" means an egc t acting, either daccUy or through an asnecotc I cnnnm, r i, agf of fy broth the scl,-t and it; bIIy,r in e,eal puepe ry han:achon (a) "USUng agreement" means a contract between an owner of real property and an agent, by whichthn agent has bccn nuth oZI-4 la S9 the rcru Property, or to find orebtan a buyer (Q -Li-trig agent" means a person who has ahl t tied a Ic11fig of real property to act as on agent for c;mpencahon (g) "Llstmg price" is the amount axproGsad in dol,ars specified in the humg for which the xllcr 15 wilimg to u011 the lea] property through Ihf • Ictmq ;,gent (h) ' ar'creg pries' is the amount expmMcd in dollars tpecif ed In an ot'i r to percharo for which the buyer Is wArig to buy this reil property (Q '•Oftar to purchede" mains o wnttcn rontriel el ceuled by buyer acting through n `Mmg rgcntwhich beeamos Iho contract for the Sala of ]hn m, a property upon acceptance by the seller III "Rea! properly' means any cstala rpociLctl6y subdrv,»,on{t I orl2) of f erlion 761 in pmprnywhieh cc n;mulrq ons,mprovedwahono tofaurdwc Ing un S, any ifdseha'dm m stype of p,cpc try ezeeod,ng one year's dumton, and mabdeholnns, when offered for solo err sold through an agent pursuanttu the authority eonldmad in Section 101316 of the Buseci-S & Prolenn,ons Codo (k) ' Reolproporty hansneton" means a transaction lortho Sulu of real property in which tin agent is employed by one or mere of the, prmcipil^, to act in thattran:acton, and includes a linang or tin offer to purchoco 11) Sell. "care;' or' Sold" refers to a transacton for the transfer of real property from the Belle, to the buyer, and mcludrs o1changes of rr at piopamy betv,con the sc^cr and buyer. franl,ae mSfor the creation of areal property Gales contract wilhin the mcJning of Sechnn2195, and fransacflono for IhR ercolion of a Iea'chold e"ecedmg oneycar':• dural'on (m) •Sc+lar" means the tronsfcrortn areal property tronsocton, and ir'rludes an owner who I,dn real praprrty, mth an agent, whether or not a transfar renuli or who rect,vrs an offer to purrha a tell property of which he or she Is the owner from an agent on behalf of another ' Sol!rr` includes both a vendor end a lessor in) S_I',ngagrni'mCIIna ah^imgagr•nlwhdeCl'•alanC,aran;+gnntwmonctsinrrfiperal vnwiUlaiStnga•Jcnt.andwha5CII50r(nd3andGM.i neabpyerlCt(her.^alprLptdy,Rranag:nt wh i lac, cs property for a buyer tar the property forwhah no IMarg cxr,l, and prencnts an Orr In purchaceto tho sellot (a) 'Subigenl' moan^apt:rsanlewhomoncgrnldelcg^,Inncgrncyp'rwcrsenpmvidM,n Articlo5(cammoneingw•ithSecPon234g)dfChapiarl However, eub3grnt"d+canatmcludp cm •?,,:o->,t9 teensco who is acting undnr the alpcm,aon at tin ,Sent in n reel property trap: 2040 2374, OJrg egenLn end rolimg ngnnls rhalt provide tho frlhl and buyer In) real property Ran-vion wdhacopy of the d1510nuraform rpecificd in Smt,cn 2375, and, mr:pt an promdr_din sutxdv�:, rn IQ,- hilt et'am a cigacd ocknowlMg^meal4l loccipl from that Sc Iler or buyer, e.tepl as pmvIdcd In this sceton of Sect on 23745, ap follows (a) The I ,hog agent. if any, shall prawdo the disclo5uro farm to [ho Seller prior to emoting into the listing agreement. to) The SclLng agent Shot] prowdo the dlctosuro form to the tenor is coon as prccPcab!o prior to prerrnUng the seller Will in offer to purchoco, un1rc5 the rr-citng agent prev,au:.fy prov,dcd the Geilcr with a copy of the dccmnuro form pursuant to subdivinton Ia) (rot rlhcre titer*U'ngnycnldorenstd%atonalace-IalarrobaG4wAhthocelior, thod�sclocuroformprcparrdbythosUhngngctitmaybofuminhcdtotho5ollcr{andocY.ncm9:dg^mantel r^_co'ptubtamedlorihosefingdgenlfrommasetinr)bylholetngagent. arihe Senmgagentmaydclwerrnodisclosuroform by cert4,etlmmi a?dressrdrnth^^ eaarmhisci her tatiknewn ;1HHrc•s, In which ease no S!gned aci nowledgement of receipt is requited Idl Thr selling agent shall prov,do the d,xfasuro form to the buyer as coon as practicable prior to euccuton ofthe buyer s offer to pureha: ercc ptlhat if the criteria purchasa is not papa m4bytho tolling agenLlhnsaUtng agenlshdiipnCenithe duclo^urciformtotho buyornotlalerthantho neA busncSsdayoffdrtopurehacafrom 23745 In enyC•reumntanbe In which the scl!erorbvyorretuces tosign on ocknowle0gemCrrlof rccoiplpursuantloSecllon2374,moagenl,crdnas; nc'pc Peenseooeling foran erg^nt,5hall set forth, sign and data a written dcclnfallon of the facts of the refusal 2375 5 ji,j As t c-on as pmcUcab'o, the snihng agent shall d¢clonn to the buyer, and sei'rr whi.lhcr ma s^_Itng,gont is acing in the raIIl property transacton erclualvrly as the buyer's agent. c) riurnaayasthe sci;cr s agenl,or ono dual agentfeprcrrntmg ly lathe buycrandthe Seller and thinrolatmnnb tothall tic eenfirmoi,nthe Conharlta purchascand Sell tc it property or in a•cpar:,tawrlUngexa edcaacknowlMgedbythescilor,thebuyer.andthesellingagentpriortoorcoincidentwaiterecuticnofthatcenlractbythebuyerandthesellyVespechvely Its) As canners pracUcabfo,mahttmgagcnl5hand',NaSn lothn•,allerwhrtherlhol,rhng. ganfr5xtrgmtho real propcdytr,onsachonexelun.e:yatho:^_I'.rsaannLnra;adualag^nl nfirearding both [he buyer end seller and thin rolmwnship ;hall baconfirmed in the confacitopurchasn and trill realproperty, or In asepamtawa erg exucutcdor ocknowt+dgedby the tic t'er c rd the lnstn9 agent poor to or to nerd^tit wdh the aveeullon of that contract by the t der fa} Thri confrmel on required by suMvivans In) and (b) t.hall be in the fdilowmg form 1�, iten+�s,rt •ice In the agent Of(ncprk ono) ( j lhn :r tzUu;rvniy, err ( jbatn qh2 buyprand :oiler is the otiera of (chak one) iNmPrl,z"fAj•t„YY:ItMEVM &-•Im l,^rt3 kN�il � j Iho buyer axetur.,valy: err j mo scllcr cvcwivofy. ar I be!h the buyer and surer (d) The dr crosures and conUrmalion required by this necton ;hall be in eddit,on to the disclosure required by Secten 2374 2376 fLe SCOnq agenim ardJi property lran:apai w�rruyart d•: tin aq,nHt+lho buyer nasty, when rh�c^I'ng ng.ntr;ar,u nebng as ilia hstng r;entm ilia transact on 2377 The±pnymemekamprn;otanurtnoobhgatmnla payrpmprns,fUnntoanngcnthylh!'^[ncrorbuyon;notneee;,anlydcl^rmnahvoatapamcWnrogenc7alitanth�pN..twcenanagpnt , end fn? ntlicr or buyer A nnUng agent and a uatng aj,-of to iy agrco to ^.hare any cempen;ed;on or ebmmWon pa•d, ,x cry tight to °my r-ompcnsance or ccmm'sn.on for which an ,td;gatGn arse:• as the r. A3 of a real C. rat lfan5acton, and the terms of any Mch agmomM I I,N,11 reel nocc;, Vdy, to determnatvc of a partcul'ar o0w cnah'p 2378 1, :hmn in this adcle ptevonlS on nq,nt from rrlr-cUng, as a cond'llon of the ngrnt srmploymeru.ospncihc form of erg, racy rd'It onshtp not cprr,Uea'ip prohlbded by th.s article it Inc. rrla¢,m-nG Of So.! Qn?3M and 5010n Z 47b 4 am ronalind with - - 2375 Adualnq:•nt^ehall notdi'oiosn to the Wyor liotthn,cdlrns w46ng losoli the proptirty ataprict•ii;strun the holing pnce,wrthoutihu c,pros v.,iaon Cons"tit aithe caller P dual agonmholl act de .'ow In the scllcr that the buys r is willing to pay a price groalnr than the offering pea.'), with out the cxprn;v wnbcn cbn.Ant of the buyer TBC - .t on dn^ , net ,,Iryr ,n •my wny the duty or tel: pra:,bd,ty of a du d ngant to any pnne'pnl V11 re`pert to eo,trtd •tit 11 infefrriat tin elh , than peen 23M rtolhm 7 in this urieio predudc•, a t;I nq agent from of-o bomg a :oltmn'igont and the combin-iton of them tunctons in ono agante,--.Oct, of it ,alb mete mat agent a dual ag^rd 2581 A�,vneocl1:04ccn lhepnreipef Ind lr rlm',y be mMif:dorolb'md to ehingrthe agency ,nlJltnm,hryat myLine before the tX•dormanr i' MIn" o-'f whch Ihaab;,cletin')rfgencyw tit 11,wnnPn cenrrntol the' padtns In thoagenry re lqn^hip 2?§;t NIN, 1gmthCnd,ele;hot, t:c„n• Ica- dtnmhor dtmin,-,hetoJulyofdewlo^or(,i,hed burer.acd cU'arc by agenf: and that a.paa abUc,'n.,..• •-t,bag.nr and rmp'0;a t nfile mUcve , agent nndihnr ns>aoealp Uron: eels, • uddg,:nt : ondrmpinyceshom liability forthnirconductinconneclmn with act -,governed by fho an,clu er far,aty bruru:h ora I disci ary duryer a duty A dCc {here miscm DOCUMENTS TRANSFERRED FROM OLD FILE s 1 t L' iYc LEASE THIS LEASE made and entered into this 22nd day of July , 1991, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "LESSOR", and Beulah Doyle and Beverly Borchers, hereinafter referred to as "LESSEES"; WHEREAS, Lessor is the owner of that certain parcel of property located at 38th Street between River and Lake Avenues, Newport Beach, California, more particularly described as the Northwest half of Lots 9 and 10 in Block 137 of River Section, as shown on a map recorded in Book 4, page 25 of Miscellaneous Maps, Records of Orange County, California, as depicted on the attached parcel map prepared by the Newport Beach Public Works Department, dated March 3, 1973 which has been marked as Exhibit A and made a part herein by this reference; and WHEREAS, Lessor has previously leased said real property on a month -to -month term to the Lessees as heirs to a Lease dated July 13, 1973 with Rolland and Thelma Prehn; and WHEREAS, Lessor has terminated the previous lease to the Prehns. WHEREFORE, in consideration of the lease of said property to Lessees and the payment of rent to Lessor the parties hereto agree as follows: 1. Term. This lease shall be on a month -to -month term to begin July 1.5, 1991. 2. Rent. Lessees shall pay to Lessor the sum of Two Hundred Dollars ($200) per month as rent. Said• rent to begin on July 15, 1991, and will become due and payable on the 15th of each month thereafter so long as this lease remains in effect. 3. Use. Lessees shall use said property only for the parking of automobiles, and no structures or improvements with the exception of landscaping and a boundary chain with posts shall be erected on said property. 4. Care and Maintenance. Lessees, at their own expense, shall maintain said property in good repair and free of debris. 5. Nonassignability-. Lessees shall not assign this lease, or any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege appurtenant to it, without first obtaining Lessor's written consent thereto. Any unauthorized assignment or sublease shall be void, and shall terminate this lease at the Lessor's option. 6. Termination. This Lease may be terminated by Lessor upon 30 days' prior written notice served on Lessees. The giving of such notice shall not release Lessees from full and faithful performance of all covenants of this lease during the period between the giving of notice and the effective date of cancellation and termination. 7. Hold Harmless. Lessees shall indemnify, and hold harmless, City, and its officers, employees, agents and representatives, from any and all claims, liabilities, loss, damage or expenses which arise out of, or in any way related to, the following: (a) the use of the premises by Lessees; (b) any act or omission of Lessees, or their officers, agents, employees, representatives, contractors or guests; and (c) any work or services performed on or to the premises or any material, equipment or supplies furnished to the premises by Lessees or their officers, employees, agents, representatives, contractors or guests. The duty of Lessees to indemnify, defend and hold harmless pursuant to this Section shall include, without limitation, claims, liability, losses, damages or expenses arising out of the death of, or injury to, any person or persons including Lessees or their officers, employees, agents, representatives, contractors, or guests and any damage to, or destruction of, any property, including that owned by Lessees or their officers, employees, agents, representatives, contractors, or guests. 8. Insurance. Lessees shall maintain in force at all times subsequent to the effective date of this Lease a policy of general liability insurance secured from a good and responsible company or companies, acceptable to City, and authorized as an insurance carrier in the, State of California, that provides combined single coverage in the amount of $500,000 with City named as additional insured. 9. Notices . Any notices required by this Lease shall be addressed to: Lessor: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: City Manager Lessees: Beulah Doyle Beverly Borchers P. O. Box 876 Three Rivers, CA 93271 Tel: (209) .561-3273 IN WITNESS WHEREOF, the parties hereto have executed -'this Lease as of the day and year first above written. ATTEST: u ��, CITY OF NEWPORT BEACH q� FO By, t4 ^^'^ City Clerk Mayor o LESSOR Appr ved as to form:!��/J Beulah Doyle City Attirney Beverl rchers LESSEES .0 CITY OF NEWPORT BEACH Office of City Manager (714) 644-3000 June 26, 1991 Roland A. & Thelma Prehn P.O. Box 2622 Newport Beach, CA 92663 Attention: Beverly Borchers Subject: Cancellation of Lease 38th St. & Lake Avenue Per the terms of the lease between you and the City of Newport Beach dated July 15, 1973, please be advised that the City wishes to and hereby does terminate this lease effective thirty (30) days from this date. For additional information, please contact Kenneth J. Delino, Deputy City Manager at 644-3002. Robert L. Wynn City Manager RLW:mb City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92658-8915 • FULLER & ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS SAN DIEGO COUNTY ORANGE COUNTY SUITE 255 RICHARD A FULLER, MAI SUITE B 3 CIVIC PLAZA TELECOPIER 5122 AVENIDA ENCINAS NEWPORT BEACH, CALIFORNIA 92660 (714) 644-4065 CARLSBAD, CALIFORNIA 92008 AREA CODE 714 AREA CODE 619 TELEPHONE 644-4040 TELEPHONE 434-7050 February 19, 1991 Mr. Kenneth J. Delino Deputy City Manager City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Market Data Study 3709 Lake Avenue Newport Beach, California Dear Mr. Delino: Based upon my proposal dated January 9, 1991 and your Purchase Order No. 36402, 1 have prepared a Market Data Summary and corresponding Market Data Map to be utilized in comparison to the above referenced site. Details of these 10 sale properties were obtained from public records and the Newport Harbor -Costa Mesa Multiple Listing Services. These sites were either vacant or improved with older residences at the time of sale. Estimated sale prices varied from $75 to $219/sq.ft. of land and sale dates ranged from April, 1988 to November, 1990. Please be advised that this market data has been obtained from public services and has not been verified as to its accuracy. If you haylany further please do not hesitate to call me. truly your Richard A.`tuller, MAI No. Address/Apn 1 123 29th St. 47-083-22 2 120 36th St. 423-332-04 3 107 32nd St. 423-343-08 4 122-124 24th St. 47-142-26&27 5 207 35th St. 423-364-14 6 213 38th St. 423-308-13 7 128 44th St. 423-022-02 8 4313 Channel PI. 423-295-01 9 3605 Lake Ave. 423-362-03 10 3709 Lake Ave. 423-361-03 MARKET DATA SUMMARY 3709 LAKE AVENUE NEWPORT BEACH, CALIFORNIA Size Sale Sale Price/ Land s .ft. Date Price sa ft. to Use 4,750 11-02-90 $689,500 $145 R2 2,470 04-19-90 $338,000 $137 R2 1,550 11-17-89 $340,000 $219 R2 4.750 09-12-89 $625,000 $132 R2 2,375 04-28-89 $289,000 $122 R2 2,375 04-20-89 $290,000 $122 R2 2,550 02-28-89 $259,900 $102 R2 1,931 10-11-88 $203,000 $105 R2 2,400 07-14-88 $229,500 $96 R2 3,000 04-29-88 $225,000 $75 R2 Remarks Older residential units of nominal value. 2 unit condominium project under construction. Improved with older residence. View of ocean. Subsequently improved with two duplexes. Improved with older residence. Old house across from park. Subsequently improved with new duplex. Corner lot, improved with older residence, channel views. Improved with single family residence. Subsequently approved with new residential units. View of waterway. • • If L =7 COV E PC Q SAN©S OAl-B� °-PC • OL /�1 � L/ G6N + C�H E R f ve I E ... 6 g�, • o Ty`r t -v77 7 �; 2J F I G] �y TURNING BASIN Q--�—_ L/DO 'O n g it oil 11 VCIH C� \ •t ER/D Q� CIN `SO >r \ q? q2 q2 ivy yaQ 6; b� P `�0 q2 q soh ? e s- G y S So w O�AI nk F Tb C AfM-DO,P7 914e MARKET DATA MAP CITY COUNCIL AGENDA ITEM NO. F-3(c) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER JULY 222 1991 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: LOT AT 38TH & LAKE STREET ACTION: If desired, approve lease for subject property BACKGROUND: In recent months, the City Council discussed selling this parcel to the adjacent owner. Initially interested, that owner now has moved away and is unresponsive to inquiries. This lease replaces the previous one which had passed to the heirs of the original lessees. The heirs will now be the new lessees. The recommended lease includes updated liability and insurance clauses and raises the monthly rent from $60 to $200. Kennet De ino KJD:mb MARc4u CITY OF N odACN!/E SCALE: /o•/00' .4mcw R` i FI h'I n nfi APPROVED DATE C/TY OAW NEO pA7,opE,2TY " AT .38 r&J;r. € LAKE AYE'. PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. 0 0 0 0 0 0 nn a. arv�.rn:coi�,.L•r:L� ISSUE DATE (MMIDD/Y ® 1L�.F���_J11VI1VI (0�1�3 4/27/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Supple Re r r'i i l l & Driscoll EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 2408 Pasadena, Ca. 91102 COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMPANY INSURED LETTER COMPANY c Rolland P.O.Box A. & Thelma Prehn 2622 COMPANY LETTER D Newport Beach, Ca. 92663 329�"' CETTOMPERANY L E Commercial Union THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (IRNDONY) POLICY EXPIRATION DATE (NINYDR'Y) LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE - 1 GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUGTSICOMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY Comprehensive p NAS650839 rsonalliability 6/5/88 6/5/89 Personial BODILY INJURY $ $ PROPERTY DAMAGE $ $ COMBINED $ $ PERSONAL INJURY liability $ 100 x AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS.) ALL OWNED AUTOS (PRIV RPAS?) HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY o -�� BCDLY IPERAPERSON) ( $ BODILY (PER AD'ADENR $ PROPERTY DAMAGE $ BI & PC COMBINED $ EXCESS LIABILITYPC UMBRELLA FORM OTHER THAN UMBRELLA FORM O 119 Jp C � ` Cu"bl; v 1 - BI & COMBINED $ $ i WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY db50,�7 i. Z2e;y? %j " N STATUTORY $ (EACH ACCIDENT) $ (OISEASEEPOLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPEHAI TUNS/WCAI IUNU/VtMIULtS/JPCUTAL I I CMJ r a rK T n g ) o T. a a j a Ce n T: -co re S T ae n C e a'D 3800 River Ave., Newport Beach, Ca. 92663 Account #0251500 City 0 f Newport r t Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- p PIRATIO1 ,PATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3 300 Newport Blvd. MAIL I U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT SUCH NOTICEIMPOSE NO OBLIGATION Newport Beach, C a . 92658 OF ANY KINDILURE UPO TO MACOMPANY, ITS AGENTS OR REPR StNTATIVES.R LIABILITY AU REP ES A IVE - Attn: Kenneth J. Dellno DATE OPENED YOUR TITLE OF.FICER IS iW11•`IIvL a.r 430*2SI-11 I:[ rtr cga ,g,vJz ;,,AtZ v Crx.tM a".c'i:i Zi:; DESCRIPTION Ut i,:=* elt #C� rii ¢St AMERjc F a v O-R-1105889 =7 er �d=r tcotfQn, rX 4125 of %P —�1 //N iffe MAR 2 0 1973 MANAGER CRY OF t,0. -.i1 �L1CN, CAL THANK YOU! WE SINCERELY APPRECIATE THE OPPORTUNITY TO SERVE YOU. YOUR ORDER FOR TITLE WORK IS RECEIVING OUR PROMPT AND CAREFUL ATTEN- TION. WHEN WE CAN BE OF FURTHER SERVICE TO YOU DO NOT HESITATE TO CONTACT US. First American Title Insurance Company 421 NORTH MAIN STREET • SANTA ANA. CALIFORNIA 547-6892 nip u � ` y 3 e � - 1 CITY OF NEWPORT BEACH MEMORANDUM From PHILIP Fs EETTENCOURT, Assistant City Manager, TO ........ DENNIS O'NEIL, CITY ATTORNEY MARCH E................. is 73 ............................................................ SUBJECT: CITY»OWNED LOT AT'43RD STREET AND RIVER AVENUE ON THE RIVO ALTO Attached is a litigation guarantee issued by First American Title Insurance Company to supplement the preliminary title report previously forwarded to your office. This guarantee could be utilized in a future quiet title action. - Attachment cc: City Clerk (w/Att.) Reply wanted p Reply not necessary ❑ N8•20- GUARANTEE T A M E R k,KI First American Title Insurance Company HOME OFFICE. 421 NORTH MAIN STREET, SANTA ANA, CALIFORNIA 92701 • (AREA 714) 547-6892 Form 1282 Form 1283.1 • • CLTA Guarantee Form No. 1, Part I LITIGATION GUARANTEE LIABILITY $ 2,000.00 ORDER NO. OR 1132786 FEE $ YOUR REF. SO.OQ A.P. N0, 45-193-01 PURCHASE ORDER 9453 First American Title Insurance Company a corporation, herein called the Company, GUARANTEES CITY OF NEWPORT BEACH herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below, The title to the herein described land was vested in the vestee named, subject to the mat. ters shown as Exceptions'herein, which Exceptions are not necessarily shown in the order of their priority; and 2. The necessary parties defendant in an action to ELII3INATE RESTRICTIONS SHOWN AS ITEM #2 OF'"HIS REPORT are as herein stated. I All subject, however, to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a partof this Guarantee. Dated: Bebruary 15, 1973 at 7:30 A.M. 9 ,$ ri' FEi1L':1LRZt, tr First American Title Insurance Company BY PRESIDENT BY ASSISTANT SECRETARY Frank D. Luer - Page-2 Form 1283.2 • CLTA Guarantee Form No. 1, Part$ OR 1132786 VESTEE: City'of Newport Beach by Final Judgment in the Superior CBuvt of the State of California for the County of Orange, Ca0e No. 37526 entitled "City of Newport Beach vs. L. G.'Goyette a certified copy of which Judgment was recorded February It, 1940 in book 10293 page 275 of Official Records. EXCEPTIONS: C 1. General and Special Taxes for the fiscal year 197Z-1973, exempt. Code Area 07-001; A.P. No. 045-193-01, 2. The Covenant against the vending of intoxicating liquor as contained in the deed from the Ora County Improvement Association, a corporation, to L. G. Goyette, record ptember 17, 1923 in book 151, page 384 0£ UEds, but deleting restr ctions, if any, based on race, color, religion or national origin. Note 1: The reversionary interest under said instrument recorded in book 151, page 384 of Deeds is now vested in Eleanor Mize as to an undivided one-half interest, and Robert C. Mize, Junior and Marjorie Ali" LeGaye, in equal shares, as to the remainder, by mesne instruments of record. Note 2% Quitclaim Deeds from Bleanor Mize, Robert C. Mize, Junior and Marjorie Mize LeGaye will be required to eliminate this item. 3. An Basement for ingress and egress and public recreation purposes and incidental uses including but'not limited to parking, fishing, picnicking, general viewing, public protection and policing and erosion control. Page 3 A Form I26M • '• CLTA Guarantee Form No. 1, Part 3 OR 1132786 Said necessary parties (other than those having a claim or interest by reason of matters shown in Exceptions numbered 1 and 3 ) to be made defendants in said action to be brought by City of Newport Beach, as plaintiff, are as follows: Eleanor Mize Robert C. Mixe Sr. Marjorie Mize LeGaye 1. Mize, Larsh, Mize 6 Hubbard, Attorneys 1666 North Main Street Santa Ana, California 92701 2 The land referred to in this Guarantee is situated in the State of California , County of orange, City of Newport Beach, and is described as follows: Q/J Lot 6 in Block 242 of Canal Section, Newport Beach, as shown on a Map recorded in �( book 4, page 98 of Miscellaneous Maps, records of Orange County, California. FL:ld Page 4 i • • N x L BALBOA AO 9 I CANAL MARCH 1972 POR. SEC 28 & 29,T65, R. IO ►N, AVENUE 45-19 THE RIVO ALTO R z C CA L 3 1 W A2� w 2 2 Zp ra• _ �.• �• y. Px aze $RIVER AVENUE 30* 13 � IS a � W s a n✓zi1 R y 19 it OZ 9 O ; 15 "IL q • 10 0 � o s � ,r C 144 5O a Y A_. O• T �. G�P�eI r go , se B 3 i (OAY AVENUE) BOULEVARD 2 1I�1I1 11 Norr - ASSESSORS BLOCK B ASSESSOR'S MAP SECT/ON M M 4- 98 PARCEL NUMBERS BOOK 45 PAGE /9 3) _ SHQWN /N CIRCLES COUNTY OF ORANGE CLTA Guarantee (6.10-67) • • GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Guarantee mean: (a) 'land": The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of This Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions in pat- ents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly ddescribed in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. (a) "Any'consumercredit protection,' `truth in lending' or similar law." 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or con- firm the matters herein guaranteed; and the Company map take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases.where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be fur- nished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damagge or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the behefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (�) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Excep- tion or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 0(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for indorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satis- faction of the Company. (e) When liability bas been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall e subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions pr rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 421 North Main Street, Santa Ana, California 92701, or to the office which issued this Guarantee. 10. Fee The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. "/ p 121971 UPAW$ By fhe CITY COUNCIL CITY Q-'A tarw;$nFXrt aEA4H CITY OF NEWP.ORT BEACH BEACHES AND RECREATION COMMISSION April 12, 1971 TO: CITY COUNCIL FROM: PB � R Commission RECOMMENDATION: Agenda Item F-1 Retain the City -owned vacant. lot .at•43rd $ River Avenue for future park purposes.. DISCUSSION: At the PB $ R Commission meeting of Tuesday night, April 6th, the Commissioners reaffirmed their poattion'that the.City of Newport Beach should hold on to the waterfront lot-at-43rd and.River. Previously, this particular lot had been referred'.to_as..49.th.and.Lake;.however; that address was erroneous. The lot in question on Rivex Avenue-is.immediately.adj.acent.to a street end and is separated from Channel,Park by..a private residence. The Commission realizes that .the City may not move to acquire that residence this year, next year, or maybe not for.ten.years; however, if the time ever came that that particular lot could be acquired, the retention of the 43rd and River lot, plus the street end plus the newly acquired lot would add tremendously to the open space and usability of Channel Park. Since waterfront property.in public ownership is becoming more scarce all the time, it would be advisabletoretain all that the City has in ownership at the present time. This fact,.coupled.with the fact that the lot could even- tually become contiguous:with Channel Park, leads the PB $ R Commission to make this above recommendation. �a,W� 'y 8�Ag, JAMES L. RUBEL, JR „ CHAIRMAN JLR:CCS:h "_� : 1 v v MAR 2R 'IT/I By the CITY COUNCIL CITY rrx h4rawpnc+* Ar-AgH CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION CO_MMISSION March 22, 1971 TO: MAYOR F, CITY COUNCIL FROM: PB & R Commission SUBJECT: SURPLUS CITY -OWNED LAND RECOMYEENDATION: br 440 Retain the City -owned lot at the intersection of.Lake and th Street for future park purposes. DISCUSSION: Recently, the City Manager discussed with the Director of Parks, Beaches & Recreation the disposition of several parcels of land that are now owned by the City of Newport Beach. One of the parcels that was discussed was the City -owned lot at the intersection of Lake and 44th Street. The Director was asked to analyze this parcel of property to see if it would ever become contiguous with the existing Channel Park, and if it did have value as a future potentional use for park purposes. The PB $ R Commission reviewed this subject at its regular meeting of March 2, 1971 and, after discussion, unanimously recommended that this particular lot be retained by the City at the present time because of its relative closeness to the existing Channel Park and its potentional of someday becoming a part of that park. Through this action, the PB $ R Commission recommended to the City Council that this parcel be retained by the City at this time. 9a�� y " (� JAMES L. RUBEL, JR., Chairman JLR:CCS:h G-q GUARANTEE SST AME,�rC y t- First American Title Insurance Company HOME OFFICE: 421 NORTH MAIN STREET, SANTA ANA, CALIFORNIA 92701 • (AREA 714) 547.6892 71 1�� t, i , I Form 1282 Form 1283.1 CLTA Guarantee Form No, I, Part I r LIABILITY $ 2,000.00 FEE $ 50.00 LITIGATION GUARANTEE ORDER NO. OR 1105889 YOUR REF First American Title Insurance Company a corporation, herein called the Company, GUARANTEES CITY OF NEWPORT BEACH A.P. No. 045-251-13 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below, 1. The title to the herein described land was vested in the vestee named, subject to the mat- ters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. The necessary parties defendant in an action to condemn said land are as herein stated. All subject, however, to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. Dated: March 28, 1973 at 7:30 A,M. First American Title Insurance Company BY PRESIDENT BY Frank D, Luer ASSISTANT SECRETARY Page 2 Form 1287.2 • CLTA Guarantee Form No. I, Part 2 OR 1105889 VESTEE: CITY OF NMRORT BEACH, by deed to it dated March 5, 1959 from Ross C. Owen and Lillian M. Owen, husband and wife, recorded March 26, 1959 as Instrument No. 46063 in book 4643, page 160 of Official Records. Stamps $8.25. EXCEPTIONS: 1. General and Special Taxes for the fiscal year 1972-1973, Exempt; Code Area 07-001, A. P. No. 065-251-13. 2. Covenants, conditions and restrictions in an instrument recorded in book 151, page,74 of Deeds, but deleting restrictions, if any, based on race, color, religion or national origin. 3, An unrecorded easement over a portion of said land for public road purposes (re -alignment of Thirty -Eighth Street) as disclosed by physical inspection. Page 3 T � Form 1283.3 . CLTA Guarantee Form No. I, Part 3 I� OR 1105889 Said necessary parties (other than those having a claim or interest by reason of matters shown in Exceptions numbered 1 to 3 ) to be made defendants in said action to be brought by City of Newport Beach, as plaintiff, are as follows: City of Newport Beach The land referred to in this Guarantee is situated in the State of California , County of Orange, City of Newport Beach, and is described as follows: The Northwest half of: Lots 9 and 10 in Block 137 of River Section, as shown on a map recorded in book 4, page 25 of Miscellaneous Maps, records of Orange County, California. FDL:ld Page 4 110 4s - 04 i THE RIVO � LAKE• W MARCN f949 MARCH f9B? BALBOA j - 24 ` TAX CODE AREAS r 00f as-2 L--(. { N, 10 IS ACT 1114 $ BO!/L£VARO i 27 RIVER sECTiON LAKE TRACT MA( .4-?5 NOTE — ASSESSOR'S BLOCK ASSESSOR'S MAP Q LOT NUMBERS BOOK45 A40£ 25 SHOWN 1N CIRCLES COUNTY OF ORANGE First American Title 0,- thi's Atap 1s Foi fnformatio4 QNY And Is Not A Part Of Tn,� •+• --••�e1G° 26 CLTA Guarantee (5-10.67) • . GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land": The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (a) "mortgage": mortgage, (iced of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of This Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions in pat- ents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, ri& its or casements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. (a) "Any'consumercredit protection,''tmth in lending' or similar law." 3. Prosecution of Actions (a) The Company sliall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or con- firm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases,where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be fur- nished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (1) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. ((b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in lit!gation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged deflect, lien or encumbrance not shown as an Excep- tion or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in Paragraph 0(b) hereof, shall reduce the amount of the liability hereunder pro trade, and no payment shall be made without producing this Guarantee for indorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satis- faction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company imaffected by any act of the Assured, and it sliall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 421 North Main Street, Santa Ana, California 92701, or to the office which issued this Guarantee. 10. Fee The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. GUARANTEE `S AMER-t d First American Title Insurance Company HOME OFFICE: 421 NORTH MAIN STREET, SANTA ANA, CALIFORNIA 92701 • (AREA 714) 547-6892 Form 1282 I Form 1283.1 CLTA Guaranta. Form No, I, Part 1 • .• LIABILITY $ 2,000.00 FEE $ 50.00 LITIGATION GUARANTEE ORDER NO. YOUR REF. First American Title Insurance Company a corporation, herein called the Company, OR 1105889 A.P. No. 045-251-13 GUARANTEES CITY OF NEWPORT BEACH herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public,records, on the date stated below, 19 The title to the herein described land was vested in the vestee named, subject to the mat- ters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. The necessary parties defendant in an action to ,condemn said land are as herein stated. �Z- All subject, however, to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. Dated: March 28, 1973 at 7:30 A.M. V4 First American Title Insurance Company BY PRESIDENT BY Frank D. Luer ASSISTANT SECRETARY Page 2 Form 1283.2 ^ • o CLTA Guaramea Form No. I, Part 2 OR 1105889 VESTEE: CITY OT Nmipon BEACH, by deed'to it dater March 5, 1959 from. Ross C. Oven and Lillian M. Owen, husband and wife, recorded March 26, 1959 as Instrument No. 46063 in book 4643, page 166 of Official Records. Stamps $8.25. II i I EXCEPTIONS: 1. General and Special Taxes for the fiscal year 1972-1973, Exempt; Code Area 07-001, A. P. No. 065-251-15. 2. Covenants, conditions and restrictions in an instrument recorded in book 151, page774 of Deeds, but deleting restrictions, if any, based on race, color, raligion or national origin. 3. An unrecorded easement over a portion of said land for public ivad purposes (re -alignment of Thirty -Eighth Street) as disclosed by physical inspection. P . Y Page 3 Form 1263.3 r CLTA Guarani.. Form No. 9, Part 3 OR 1105889 Said necessary parties (other than those having a claim or interest by reason of matters shown in Exceptions numbered I to 3 ) to be made defendants in said aition to be brought by City of Newport Beach, as plaintiff, are as follows: City of Newport Beach IM The land referred to in this Guarantee is situated in the State of California , County of Orange, City of Newport Beach, and is described as follows: The Northwest half of: Lots 9 and 10 in Block 137 of River Section, as shown on a map recorded in book U 4, page 25 of Miscellaneous Naps, records of Orange County, California. FAL:ld Page 4 • la 4a - 04 _ TH5 RIVO ALTO R i - DER i ' r• J� BALBOA F ' MARCH 1949 RIVER SECTION MARCH 1061 LAKE TRACT 24 0 I p�Piz I j I 2 a f r 7�J • s S T/ ' i� �. ; 1I0 �I i.131: z, 26 M M. 4-25 MM 4-IJ TAX CODE AREAS , 7 001 45-25 av-- t . 4AKEO t a @ / • ac P rr 14 H r ~ I' r © u la 5 ©J35 a a ro O C v Z ti 10 re IS o " ACT II t•„rs ,14 �. Z BOM"ARD 27• NOTE — ASSESSOR'S BLOCK ASSESSOR'S MAP Q LOT NUMBERS BOOK 45 PAGE 25 SHOWN IN CIRCLES COUNTY OF ORANGE m N F`t Wmeiican Title 051-,-..'... Zhls Map Is For Information Only And Is Not A Part Ot T6i. ,. - - --` CLTA Guarantee (s•10.67). 0 ` • GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land": The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by lasv constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (a) "mortgnge": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of This Guarantee The Company assumes no liability for loss or damage by reason of the following: (n) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies tares or assessments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions in pat- ents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, reads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description, (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. (a) "Any `consumercredit protection,' 4mth in lending' or similar law." 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do tiny other act which in its opinion may be necessary or desirable to establish or con- firm the matters herein guaranteed; and the Company map take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In till cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be fur- nished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. S. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Excep- tion or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in parasraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for indorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satis- faction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled it claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 421 North Main Street, Santa Ana, California 92701, or to the office which issued this Guarantee. 10. Fee The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. WeLs}#DniscoLL & SuppLotnc. roU / INSURANCE AGENTS AND BROKERS INVESTMENT TRUSTS 1092 EAST GREEN STREET / PASADENA, CALIFORNIA 91106 / (213) 793.6121 681-5661 DATE August 7, 1973 NAME City of Newport Beach c/o City Hall ADDRESS 3300 Newport Blvd. COMPANY Commercial Union ATTENTION Mr. Sinasek NO PA 21341-72 Newport Beach, California 92660 SUBJECTInsurance To Cover Parking Lot ATTENTION: MR, SINASEK. Leased By Mr. & Mrs. Rolland H. Prehn.. Dear Mr, Sinasek: Per our telephone conversation yesterday, I am returning the completed Certificate of Insurance Form that you sent us on the parking lot leased by Mr. and Mrs, Prehn. The copy of the endorsements from the insurance company will follow. Sincerely, WELSH-DRISCOLL AND SUPPLE, INC. Ms. Consie Ogle y enclosure. 0 Policy No. F A 21-1.1-72 � Name Insured ROLLAND A. PREHN ,ETAL. City -of Newport Beach CERTIFICATE OF INSURANCE FOR LEASE OF CITY PROPERTY This is to certify that the COM14ERCIAL UNION INSURANCE COMPANY (Name of Company or Organization) of 520 S PARK PLACE, LOS ANGELES, CALIFORNIA, of Company or Organization) has issued to ROT T ATM A.--PREHN AND THETMA L. PREHN (Name of Insured) 3800 RIVER AVENUE, NEWPORT BEACH, CALIFORNIA 92660 (Address of Insured) The policy of Liability Insurance described herein, which by the attachment of the City Property Endorsement has been changed in accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not less than: BODILY INJURY PROPERTY DAMAGE $100,000 each person $50,000 each person $300,000 each occurrence $50,000 each occurrence CITY PROPERTY ENDORSEMENT , This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the lease, rental or other agreement entered into between the insured as Lessee and the City of Newport Beach as Lessor. The Company or Organization amends the policy described herein as follows: 1. If the policy is cancelled or changed so as to affect the coverages, at least fifteen (15) days prior written notice of such cancellation or change will be sent to the Lessor, City of Newport Beach, c/o City Manager, 3300 Newport Boulevard, Newport Beach, California 92660. 2. The Lessor City of Newport Beach, its officers, and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leased premises including negligence of the city and the company waives any right of contripution which it may have against any other insurance carrier by the additional insureds. INSURANCE REQUIREMENT Lessee shall, at his own expense, take out and keep in force during the within tenancy, public liability insurance, in a company or companies to be approved by the Lessor, to protect the City of Newport Beach, its officers and employees against any liability, including negligence of the City, to any person incident to the use of, or resulting from injury to, or death of, any person occuring in, or about the demised premises, in the amount of not less than $100,000.00 to insure against the claim of one person; in the amount of not less than $300,000.00 against the claims of two or more persons resulting from any one accident; and $50,000.00 for damage to property. Said policies shall obligate the insurance carriers to notify the Newport Beach City Manager in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other changes affecting the coverage of the policies. Lessee shall furnish as proof of public liability insurance, a fully executed copy of City form, "Certificate of Insurance for Lease of City Property" and "City Property Endorsement." Lessee agrees that, if Lessee does not keep such insurance in full force and,effect, Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental. This endorsement countersigned by an authorized-representative-ofthe-Company-or Organ?zation becomes applicable endorsement number 2 Effective Date of Policy: 6-5-73 Expiration Date of Policy: 6-5-76 Dated: 7-10— .1973 at PASADENA, CALIFORNIA (City) (State) Name of Agent or Broker: WELSH—DRISCOLL AND SUPPLE, INC. Address of Agent or Broker 1092 EAST GREEN STREET, PASADENA, CALIFORNIA 91106 Countersigned By: •jPl (Authorized Representative) IMPORTANT — THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE-6 THE CITY OF NEWPORT BEACH OFFICE OF THE MANAGER August 1972 0 I. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER SUMMARY OF CITY'S LEASE TO ROLLAND & THELMA PREHN GENERAL INFORMATION Parties to Lease City of Newport Beach, a municipal corporation, Lessor Rolland A. and Thelma L Prehn, Lessee Date of Current Lease July 15, 1973, on a month to month basis with 30-day cancellation clause by either party t Lease Duration Month to month, indefinately Land Location On 38th;Street'between Lake and River Avenues - Source of City's Title Grant Deed from Ross C. Owen and Lillian M. Owen conveying the northwesterly half of Lots 9 and 10 in Block 137 of River section, as shown on a map recorded in Book 4, Page 25, of Miscellaneous Maps, -.Records of Orange County, California. Executed March 5, 1959. Approximate Area 1,170 square feet approximately Frontage Water - None Street - 70.30 sq.ft. Alley - 37.76 sq.ft. Current and Prior Lease Description Original lease was entered into on April 16, 1964, to V.E. Schauppner. Prior to the lease, the City had condemned Lots 9 and 10, Block 137, of River Section to be used as a continuance of 38th Street. Portions of Lots 9 and 10 were used as a street. Remaining portions of Lots 9 and 10 are involved in the lease agreement. Parcel Number 045-251-13 Legal Description The Northwesterly half of Lots 9 and 10 in Block 137 of River Section, as shown on a map recorded in Book 4, Page 25, of Miscellaneous Maps, Records of Orange County, California. II. LEASE PROVISIONS Purpose For use as a•private parking lot. No structures or improvements, other than landscaping, to be erected on the property. Rental $60.00 per month on or before th 15th of each month, Maintenance and Repairs Care and maintenance of subject property to be the responsibility of Lessee Assignability Lessee shall not assign lease or any interest therein without prior written consent of Lessor. Any unauthorized assignment or sublease shall be void, and shall terminate the lease at the Lessor's option. Renewal No provision other than month to month tenancy Terms of'Default No provision Taxes Lessee shall pay all taxes and assessments, if any, on said property during the term of lease. Insurance As required by Certificate of Insurance for Lease 8f'City'Property WeLslpDuiscoLl & Supplf Inc. YOU INSURANCE AGENTS AND BROKERS INVESTMENT TRUSTS 1092 EAST GREEN STREET / PASADENA, CALIFORNIA 91106 / (213) 793-6121 681-5661 DATE July 27. 1973 COMPANY Commercial Union NAME City of Newport Beach c/o City Hall ADDRESS 9300 Newport Blvd. ATTENTIOW MR. SINASEK NO. FA 21341-72 Newport Beach, California 92660 susJEcr Insurance to cover parking lot ATTENTION: MR. SINASEK leased by Mr, cc jYjj,b**R=and. Prehn Dear Mr, Sinasek: This is confirm our telephone conversation yesterday regarding coverage on the parking lot leased by Mr. and Mrs. Rolland A. Prehn. After checking again today with the Commercial Union, I was assured that the form you sent was completed, that the endorsements were prepared, and that we should receive them in our office by Tuesday of next week. As soon as we receive the form and endorsements we will forward them to you. In the meantime, coverage per your request,is in force. Sincerely, WELSH-DRISCOLL AND SUPPLE, INC. C/G CC: Mr. and Mrs. Rolland A. Prehn 3800 River Avenue Newport Beach, California 92660 Ms. Consie Ogles y 6 6 CITY OF NEWPORT BEACH City Clerk DEPARTMENT Date July 16, 1973 NO. TO: Jim Sinasek, License Inspector FROM: City Clerk SUBJECT: , City Property on 38th Street Between River and Lake Monthly Lease, C-1552 Enclosed is a fully executed copy of subject lease for transmittal to Mr. and Mrs. Rolland Prehn. We have retained the original for our files. The City Council authorized this lease on July 9 by the adoption of Resolution No. 8052. City Clerk LL:dg Encl. cc: Finance Director (w/cpy of lease) L E A S E THIS LEASE made and entered into this 1 3`il- day of July, 1973, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "LESSOR," and Rolland A. Prehn and Thelma L. Prehn, husband and wife, hereinafter referred to as "LESSEE"; WHEREAS, Lessor is the owner of that certain parcel of property located on 38th Street between River and Lake Ave- nues, Newport Beach, California, more particularly described as the Northwest half of Lots 9 and 10 in Block 137 of River Section, as shown on a map recorded in Book 4, page 25 of Miscellaneous Maps, Records of Orange County, California, as depicted on the attached parcel map prepared by the Newport Beach Public Works Department, dated March 3, 1973 which has been marked as Exhibit A and made a part herein by this reference; and WHEREAS Lessor has offered to lease said real property on a month -to -month term to the highest bidder; and Whereas, Lessee submitted the highest bid and was awarded the lease of said property. WHEREFORE, in consideration of the lease of said property to Lessee and the payment of rent to Lessor the parties hereto agree as follows: 1. Term. This lease shall be on a month -to -month term to begin July 15, 1973. 2. Rent.' Lessee shall pay to Lessor the sum of Sixty Dollars ($60.) per month as rent. Said rent to begin on July 15, 1973, and will become due and payable on the 15th of each month thereafter so long as this lease remains in effect. 3. Use. Lessee shall use said property for parking purposes and no structures or improvements with the exception of landscaping shall be erected on said property. 4. Care and Maintenance. Lessee, at his own expense, shall maintain said property in good repair and free of debris. -1- C i 5. Nonassignability Lessee shall not assign this lease, or any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege appurtenant to it, without first obtaining Lessor's written consent thereto. Any unauthorized assignment or sublease shall be void, and shall terminate this lease at the Lessor's option. 6. Insurance. Lessee will obtain the necessary in- surance as required by Certificate of Insurance For Lease of City Property. 7. '1fermination. This Lease Agreement may be terminated by Lessor upon 30 days"'prior written notice served on Lessee. The giving of such notice shall not release Lessee from full and faithful performance of all covenants of this lease during the period between the giving of notice and the effective date of cancellation and termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. -2- CITY OF NEWPORT BEACH i/� i M rynyA11 f/ E =. LESSOR ROLLAND A. PREEN THELMA L. PREIU LESSEE U.S. POSTAL SERVICE OFFICIAISINESS Postmark of PENALTY FOR PRIVAT USE TO AVOID PAY ME OF POSTAGE, Saag �� usxwL Office SENDER INSTRUCTIONS it in the space below your name, address, Including ZIP Code. • If special services are desired. check block(s) on other side. • Moisten gummed ends and attach to back of article. Jim Sinasek d3 City Ball 3300 Newport Blvd. Newport Beach, Ca. 92660 RETURN O G—i!� b AAY# PLEASE FURN�SAHd6WR,V`OWF INDICATED CHECKED BLOCK(S) r.. , Shaw w whom. 40 and warty n Od wr OWY ML 1 U.S. POSTAUERYICE OFFICIAL WESS PENALTY FOR PRIVATE USE 70 AVOID PAYMENT OF P0STAOE, $300 M W� M Postmark of Delivering Office o SENDER INSTRUCTIONS Print in the space below your name, address. Including LP Code. RETURN • If special services are desired, check block(s) on other side. TO z • Moisten gummed ends and attach to back of article. r�l N co coJim Sinasek € % City Hall s 3300 Newport Blvd. 9 Newport Beacho Ca. 92660 SENDER: Be wre to follow Instructions an other side PLEASE FURNISH SERVtIC�EIS)) INDICATED CHECKED BLOCKM ra, Show to whom. date end address n Denver ONLY PT FOR CERTIFIED MAI 00 STREET AND NO. c\j —3214 E P.O., STATE AND II Q Neuro ION RETURN 1. RECEIPT SERVICES D q Q DELIVER TO ADORE SPECIAL DELIVERY PS Form 3800 NO Apr. 1971 POSTMARK OR DATE JUL 10 W3 (Soo ofher side) 40P01 1e700401•40e EIPT FOR CERTIFIED MAI � rienr; �- STREET AND NO. 38o6 F�• P.O., STATE AND � Newp� Lr) __ OPTI � 0 [DELI aPECIAL A Apr. 1971 3000 POSTMARK OR DATE JUL 1 01s73 I NO INSURANCE COVERAGE PROVIDED— ' (Soo other side) NOT FOR INTERNATIONAL MAIL eero. 1e>0c.se7•+a0 DATE.1 / �✓ J TIME / J e 1 i FOR WHILE YOU WERE OUT 1� t%I PHONE NO. C ' 75 g eya EXT. TELEPHONED PLEASE CALL HIM RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE "� r'.-.c- �/ J o�(SL�'+"�i �++�►� BY / 2112�?,w 64 �� I •,.L'iEcc_%a' euiiuze c�izc�erson • x , i �► . �gERVIC �oPf M N . _ 16 " .•"'ter -rc c _ '- SENNOWER•USAI � f rt Misco DOCUMENTS NSFERRED FILE l `� sr �� \l`l:/ ' � . l► • �, tttpDDlll � s.' �r�' `•,y?'� . -..rg. ..,;; a.: x ��. xp \ �-"~ - :� -;'� - :�, N' - :' /• _ :-farts• f "-: / \1' "�� i • f-.. _ t..._ . - �" - .s.a - .< w '.ice �a.. cn _ TI c� t r �—� �:. � �— �`•}� a y c sr.. c �.a.: v t . "E _ _ � _ ,a � -..tee - t� ��� rIA O/ Ilk Ir t _ �y •@` a .t�.r._ii�P `C Y. t' n 4 1 r `',^'„ i�'�, \ _ a� ` ' � k �- O Wit' .;sx. '�.,. •� — N • � 0 �` — z x t) Vl / ki) ' � r 6 s, i �u� .� 1'•(•S yam... ' � / (`� /_ � •4 J�1 // • a. Yy tic �' %g / � (�1 0 000, C',ry fo fracle s 14zrce/ 40- PAC .porccl /abeled 3 I '17y 1°ta sell ttils parce/ o i I ,1 FEET f+a, od.;u:•,p;,:r-i6a:kedn?iiiur,k„y v V Nau r�� Gtjrlo Gar ---N{663- sl �ldwkA% L raj � �\fin t I \ :.ytirt§ Y� � �✓ J� <'-3, ,:. ', UY�•:• f _S .. �� ". �S��EF Y. �, i ]✓r� v t t� 1 i i r� � ..a1. Via' ' " -. � • I � '". g rX M 3Tc � � {. �.. . �� �y« ,¢��, S:_ -a ; �gq .-y,. �-� .�yCFs S,X f. Y` �. ,-s j� .�. �iaR5 Y.F � [ �• �a 3 y x N Ur i a n N _10 L151 h SS`• '*,� �Ni',[�� J4i.G��t� �T •s- _ _ _ c r .ems' Lk kj 6ry f40 t-agile 1��s parcel -for fAe .Pvrel labeled /93 I/rr �o Sell Nli prce/ O FEET 11V.{.NiH�'t�2,3k'u�t•lsli2l�li�:Rttii�`ck<q+4V Paurl��` curb Gsr ---NAIwy- A'pPromA �av�dSca�G x`t �L0 EC w 1 E i EAS ENT RE%1 38th--__----- O si \ -----` i \ X�� a / \ \ \ BL \ 137 C�\ VICINITY MAP VER SECTIO \ �. ; i �\-----38ll 1- N 86057,00"-E------------\• \ �< S 37013'3 ' " E\ 8 8 N 52° 7.24' •\,. i 6.07' `\ N 86057'00" E '" . N „65,50', S 52046'10" off i 11.77' 0 Mos outherly corner o of 9, \ \ ck 137, River Section ct \ © EASEMENT HEREBY DEDICATED \ BLO 37 EXHIBIT "B" •\ NUAWET TRACT NlW.O11T INY011 IGx 9YtTGMs •\ SEE DETAIL 3$� N VICINITY MAP to-r&_ �lLxVCj¢ 12ZZ.8 .T v 'Z K g t�,,wtl f� 38TH ST. r s1 14. L P.O.B. EASEMENT. 4zzz 2,( 1 t 3 ( 9<1u loss, .24' x10 T.P.O.B/., yo o� oa o s0 3 9 SOUTHERLY ORNER OF LOT 9, BLOCK 137, RIVER SECTION TRACT PARCEL TO BE SOLD BY CITY EASEMENT TO BE GRANTED TO CITY EASEMENT RESERVED FOR STREET, SIDEWALK AND LANDSCAPING PURPOSES N -.3°. 66 EXHIBIT B Ql,Z.—�[ ll ovsea uvv . 3Jb � �'PCY .c�Ci.�ie /8 0 ' � j •. y� 4 � '90a' •3�a�s.: y'o•,�• .ao• J '�!/E,VUE n ; f .. ram. �'� � 3 2 n1 `•�T-�''.p�' .. zasrtazr y is 6HANC � zes� 3aoe..3aa..3 a.,p. 4G'43 o� 3.fegss`a/7 �b'u� : 30,• 8, I >7�: �O' ,. _ • zs� 354aJ o4 3: 3 E 37c 2/10, 3 10. Crry oQ as % op9 •ery Bp � Live, a38c =10. 91.101 Q 3Q0 go n^ ' A QS 2 / :acia 3coa.. hs' . 7 �Z• � 7 ezr r eZs. i f :M . f?5• f f DRAWING NUMBER PLAN HOLD CORPORATION • IRVINE. CALIFORNIA REORDER BY NUMBER 075AR • 16 Agenda Item Pape 7 The City's Planning Director, Patricia Temple, agrees that the parcel is "large enough for a single family dwelling" but that the City would have to grant an encroachment into the setbacks if the owner wanted to build a larger unit than otherwise authorized. Temple views this as "doable." In May 1998, the owner of 207 34th Street and the owner of 205 34`h Street each offered $40,000 for the respective portions of the City's parcel directly behind their properties. In June 1998, the owner of 204 35`h Street made a verbal offer of $125,000 for the parcel. • 38rh and Lake Triangle. The City acquired Gidual uare foot lot at the corner of Lake and 38rh Street in March of 1959. The lot is property left over from the City's purchase of an adjacent property to provide the access road to the Newport Island Bridge. The property is zoned R-2. According to Planning Director Temple, the lot "has land area sufficient for a single family dwelling only." Temple also calls it "tough to design for, since it is triangular in shape..." Since the City's purchase of the property, the City has leased the lot as private, off- street parking to Ms. Beulah Doyle and Ms. Beverly Borchers. The City receives $200 per month for the lease — the lessees are current with their payments. The lease is month -to -month and can be terminated with 30 days' notice. In 1993, then -Deputy City Manager Ken Delino asked the Council to approve selling the property at $68/square foot (total price = $50,048) given "the limited utility of the parcel." The prospective buyer at the time was the prospective buyer of 3711 Lake Street. When the sale fell through, the City continued its lease with Doyle/Borchers. In May 1998, the new property owner at 3711 Lake Street (Mr. Bruce Simurda) offered to purchase the property for $55 per square foot (total price = $40,480). Simurda has propo eeting the terms of a recommendation by t ublic Works Department to "swap' 44 s uare feet of Simurda's current property fo 44 s uare feet of the Triangle to allo era wider sidewalk and to preserve sight dista at the intersection. 6(VA JM � Order No. Escrow No. Loan No. J WHEN RECORDED MAIL TO: City Clerk City of Newport Beach 3300 Newport Blvd. P.O.Box 1768 Newport Beach, Ca.92659-176 Attn: Public Works Dept. MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF NEWPORT BEACH, a municipal corporation hereby GRANT(S) to the real property in the City of County of Orange, State of California, described as Those portions of Lots 9 and 10, Block 137 of the River Section Tract in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 2, Page 17 of Official Maps in the Office of the Recorder of said County, described as follows: Commencing at the most southerly corner of said Lot 9; thence along the southwesterly line of said lot N 37*13130" W 50.00 feet to the True Point of Beginning, said True Point of Beginning being the most southerly corner of the northwesterly half of said lot; thence continuing along said southwesterly line N 37013130" W 40.76 feet; thence N 87016105" E 72.53 feet to a point in the northeasterly line of said Lot 10, said point being the most easterly corner of the northwesterly half of said Lot 10; thence S 52 46130" W 60.00 feet along the southeasterly line of said northwesterly half to the True Point of Beginning. RESERVING THEREFROM an easement for street, sidewalk and landscaping purposes described as follows: Beginning at a point along the southwesterly line of said Lot 9 distant northwesterly thereon 76.00 feet from the most southerly corner of said lot; thence continuing along said southwesterly line N 37013130" W 14.76 feet; thence N 87016105" E 72.53 feet to the most easterly corner of said northwesterly half; thence S 52°46130" W 10.68 feet; thence S 87 16'05" W 46.27 feet; thence S 52046130" W 11.05 feet to the Point of Beginning. ALSO RESERVING THEREFROM all vehicular access rights to 38th Street. No vehicular driveways will be allowed across said easement to 38th Street. Exhibit A attached hereto and made a part hereof by this reference for illustrative purposes. Dated STATE OF CALIFORNIA )as. COUNTY OF ) before me, personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/thelr authorized capacity(les), and that by his/her/their slgna- ture(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (1/91) SEE DETAIL ST. VICINITY � � N 38TH s' ST. 10.68' N 8716105" E 72.53 r 7.24' 14.761 IV ob � a.,. P.O.B. FO ��' IO EASEMENT A oo T.P.O.B. � O� O Df6�0 °o MO SOUTHERLY RNER OF LOT % BLOCK 137, RIVER SECTION TRACT ® PARCEL HEREBY GRANTED BY CITY EXHIBIT A EASEMENT HEREBY RESERVED FOR STREET, SIDEWALK AND LANDSCAPING PURPOSES rr.i.r.r�r.r�• EASEMENT TO BE GRANTED TO CITY v emrovv xtw ox ema vwvxc ovnnraxe cenesnoc.nnw a.xwnx xo>. OWNERS•NAME PHONE B (EARS LOT SIZE / ACRES / fI AMOUNT IYPE DAIL LAND - MAILING ADDRESS WITH STATISTICAL INF OflM DATE DOC NUMBER IMPRV YALU *PROPERTY LOCATION SAME IMPROVEMENT INFORM MORTGAGE INFORMATION OTHER VALU DESCRIPTION __ TOTAL TAXE ----- _____ -._---LEGAL ________________________ 423-362-01 _______________PHONE-A_-____________________-------TYPE-----------------AMOUNT_ 7-001 SINGLE FAM RESIDENCE 03-81 13978-1893 $300,4 E$99: EN0E1JP5/CP 03 3609 1/2 LAKE AVE NEWPORT BEACH CA 92663 $3,114:6 •3609 LAKE AVE NEWPORT BEACH CA 92663 RIVER SECTION LOT 9 BLK 136 NWLY1/2 AND NWLY1/2 LOT 10 BLK 136 __CITY 423-361'-01 031-85 ____________________________________________________________________________________________________ 7-001 EXEMPT CGOOOO-43447 $70.5 OF NEWPORT BEACH /KX 3300 NEWPORT BLVD P O BOX 1768 NEWPORT BEACH CA 92663 -3700 LAKE AVE NEWPORT BEACH RIVER SECTION LOT 9 BLK 137 ALL -EX SELY1/2- AND ' ALL -EX SELY1/2 L OT 10 BLK 137 -------- ---------------------'-------------------- 423-361-04 031-B5 ------------------------------------------------------------------------------' 7-001 X714-650-0424 10+ SINGLE FAM RESIDENCE 08-66 8031-697 $75, 0l $50,9 STATIA DONNA L EXEMPTION -HOMEOWNERS E24,C 3701 LAKE AVE NEWPORT BEACH CA 92663 E740.5- -3701 LAKE AVE NEWPORT BEACH CA 92663 _ RIVER SECTION LOT 11 BLK 137 SELY1/2 AND SELY1/2 LOT 12 BLK 137 ________________________________________________________________.-____7 423-361-03 031-85 7-001 MULTI FAM RESIDENCE $225 OOOF GRTD $245,7 E228,4 TAYLOR RAY /JT 308 38TH ST 19776 8B00PRIOR: NEWPORT BEACH CA 92663 PRIOR: 01-87 537.9 $2,537.9 -3709 LAKE AVE NEWPORT 'RIVER SECTION LOT 11 BEACH BLK 137 NWLY1/2 AND NWLY1/2 87000054758 LOT 12 EILK 137 423-361-02 031-85 7-001 MULTI FAM RESIDENCE GRID 10-87 87000562162 ^ E67,,4 E50.9 DAVIS BARBARA DIANE TR /TR 1 n 858 W 18TH Si COSTA. MESA CA, 92627 $713.E.6, r 3711 LAKE AVE NEWPORT BEACH NEWPO i ,RIVER SEECT-ION LOT 9 BLK 137 SELY1/2 AND SELY1/2 LOT 10BLK 137 ----- _____--'-----------------'--------------___--------'-------------------------------'---------------'---------------- ' 930-60-401 8-001 NORTH SUE ELLEN /SW CONDOMINIUM LIVING SOFT-1,123 $157 OOOF GRTD 04-89 $114,2 $57,6 700 E LAKE DR x1 YRBLT-1979 ROOMS- 5 89000329569 E56,6 ORANGE CA 92666 BEDRMS-2 PRIOR: $1,107.4 BUYER- DELANEY PATRICK JOHN BATHS- 1.5 $112 GOOF GRTD Ob-87 -700 E LAKE DR M1 ORANGE CA 92666 EXEMPTION -HOMEOWNERS TR 10566 LOT 1 UNIT 1 OF PROJECT LOCATED ON AP 390-031-23 TOGETHER WITH AN UND 1/142 INT IN LOT 87000308764 AVERAGE APPR 83/88 8% MORTGAGE INFORMATION $117,700 HOME FS&LA SO CSAV & LOAN ORANGE, CA. HI III { 800-327-1085 K 17 Oral I --state Data, Inc. Copyright CJ1 All Rights Rese ASSESSOR NO THOMAS NO TAX AREA 0 W N E R S LAND USE/PROPERTY CLASS OWNERS NAME PHONE N YEARS LOT S12E / ACRES / SOFT MAILING ADDRESS WITH STATISTICAL INFORMATION *PROPERTY LOCATION SAME IMPROVEMENT INFORMATION LEGAL DESCRIPTION PHONE x ------------------------------------------------------ 930E60-410 Dp 8-001 ar114-639-5892 1 CSONDOMINIUM KL Oii0NOE LAKE 9286610 YNBLT1G1979T_BROOMMS --4 -700 E LLAKE DR #10 ORANGE CA 92666 BATHS— 1.0 TR 10566 LOT 1 UNIT 10 OF PROJECT LOCATED ON AP 390-031-23 TOGETHER WITH AN UND 1/142 TNT IN LOT ____________________________________________________________________________________ 930-60-500 8-001 CONDOMINIUM HOLMES SALLY JEAN /UW EXEMPTION —HOMEOWNERS 700 E LAKE DR #100 ORANGE ECEA``92666 ?RANGE *700 TR 105fi6A`KOTDI UNIT 00CA 92666 OCATED ON AP 390-031-23 TOGETHER WITH AN UND 1/1�2 INT IN LOT ____________________________________________________________________________________ 930-60-501 8-001 M714-538-2996 10+ CONDOMINIUM PODAS HELEN R /EA PODAS, ROBERT E 612 E LOMITA AVE ORANGE CA 92667 -700 E LAKE DR #101 ORANGE Till 10566 4OT 1 UNIT 101 OF PROJECT :OCATED ON AP 390E031-2L TO GFTHER WITH AN UND 1/142 INT IN LOT ____________________________________________________________________________________ 930E60-502 8-001 C0ND0MlNlUM CA700YFKLAKE DR/#1102 gyI.. , ., n„f, VERIFIED SALES SALE AMOUNT TOTAL VALL AMOUNT TYPE DATE LAND VALL DATE DOC NUMBER IMPRV VALL MORTGAGE INFORMATION OTHER VALL TYPEAMOUNTTOTAL TAX[ TYPE ---TOTAL----' E4 000 OCD 11-88 $95,1 31�-gp6p 88000594543 E58,1 f8pb585 PRIOR:000P E98 $48.1 8 GRTD -86 86000616423 AVERAGE APPR 83/88 8% ----------------------------------------- OCO 03-87 $1111, 87000160649 E59,1 PRIOR: E52„ 10-83 E1,084.• 83000464749 AVERAGE APPR 83/88 8% . 04-84 $96, 84000153215 S49, �47910 E992. 14225 AVERAGE APPR 83/88 8% ________________________ $102 OOOF E1041• GRTD M-87 $51, 87000?96100 1" DATE / / Time FOR LE YOU WERE OUT --- n`R'�i m ( 71 PHONE TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT /Q N. MESSAGE y z60 — ns-q 7 }� �cPl�'c�P'Rt9 �ioNti1L �}VJ S -}(JnaiS'Te���ies 7a7 E.11040 �- �1t.i�iN-� DATE TO: EY MAYOR Q COUNCIL Q MANAGER Q ASST. TO MGR. _ U ATTORNEY Q BUILDING Q CITY CLERK 0 DATA PROCESS. Q FINANCE ❑ FIRE C7 GENERAL SERV, FOR: t2 ACTION & DISPOSITION Q FILE C3 INFORMiATION CI REVIEW & COMMENT tI RETURN REMARKS: Q LIBRARY a MARINE IQPARKS & REC. II PERSONNEL IT PLANNING ❑.POLICE n PUBLIC WORKS EI PURCHASING M TRAFFIC !] UTILITIES f�it� PUBL I C WORKS DIOAOMNT City of Newport Beach IRECTOR Init. Date ction NGINEER ENT ANALYST ENGINEER ENGINEER ENGINEER ISION ENGINEER ISECRETPRY PROJECT ENGINEER ENGINEER RRY ACTION 1. Handle 6. Review and Comment 2. See P.W.O. 7. Prepare Written Report 9. Read 8. Prepare Reply 4. File 9. Post on Atlas S. Sign 10. Attend 00 •! 14. VICINITY MAP 38TH SEE DETAIL PARCEL TO BE SOLD BY CITY 6' oV, ST. 10.68' .24' o�p 04 rMSOUTHERLY RNER OF LOT 9, LOCK 137, RIVER SECTION TRACT C1{L {{L {{4 EASEMENT TO BE GRANTED TO CITY EASEMENT TO BE RETAINED FOR STREET, SIDEWALK AND LANDSCAPING PURPOSES N j } 00 00 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Blvd. P.O.Box 1768 Newport Beach,Ca.92659-1768 Attn: Public Works Dept. ------------------------------------------------------------- GRANT OF STREET AND HIGHWAY EASEMENT , owner(s) of certain real property situated in the City of Newport Beach, County of Orange, State of California, hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, an exclusive street and highway easement in, over, across and along said certain real property. Said easement is described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by this reference. SUBJECT TO easements and rights of way of record or apparent. Should Grantee, in exercising the rights hereinabove granted, disturb or damage the surface of the easement area, Grantee shall, at its own expense, return said surface to its original condition. Dated: , 19 By. By. go go EXHIBIT A STREET EASEMENT That portion of Lot 10, Block 137 of the River Tract in the,City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 2, Page 17 of Official Maps in the Office of the Recorder of said County, more particularly described as follows: Beginning at the most easterly corner of the northwesterly half of said Lot 10; thence S 52*4613011 W along the south- easterly line of said northwesterly half of Lot 10 to a line parallel with and 6.00 feet, measured at right angles, from the southerly right of way line of 38th Street which has a bearing of N 87016105/1 E, said right of way line passes through a point in the southwesterly line of Lot 9 of said block and tract distant northwesterly 90.76 feet from the most southerly corner of said Lot 9 and which also passes through the most easterly corner of said northwesterly half of Lot 10; thence N 87*1610511 E 12.91 feet along said parallel line to a point in the northeasterly line of said Lot 10, said point being distant 7.24 feet southeasterly from the Point of Beginning; thence N 37013130/1 W 7.24 feet along the said northwesterly line to the Point of Beginning. !! VICINITY MAP 14.76' ST, SEE DETAIL 4�\ \N X L 38TH ST, r 6' 10.68' 0 IC4 PARCEL SOLD BY CITY EASEMENT HEREBY GRANTED TO CITY EASEMENT FOR STREET, SIDEWALK AND LANDSCAPING PURPOSES N P.O.B. MOST EASTERLY CORNER OF NORTHWESTERLY HALF OF LOT 10 77.241 ,+ o., M SOUTHERLY RNER OF LOT 9, LOCKE 137, RIVER SECTION TRACT EXHIBIT B N[MKAP IIQO ON LT6SM P®GIC O�M'R®S CPRWD0C.ORW I}InIMT avn. Extended Page 1, 1 ,tea -' • • APPRAISAL OF VACANT LOT LOCATED AT 4210 RIVER AVENUE NEWPORT BEACHo CALIFORNIA Date of Reports Submitted to: January 27, 1989 Mr. Ken Delino Assistant to the City Manager 3300 Newport Boulevard P.O. BOX 1768 Newport Beach, California 92638 Date of Value: submitted bys January 1, 1989 Richard A. Fuller, MAI 3800 East Coast Highway suite 6 Corona del Mar, California 92625 ORANOC COUNTY RICHARD A. FULLER, M A I RICHARD A. FULLER, M A I APPRAISER ANP CONSULTANT MEMBER FULLER & RSSOCIRTES TEL No.714-644-4065 Oct.24190 10:13 P.02 n AMLnICAN INSTMUTC Or • •' r„ S SUITE 6 • REAL t$TATC APPNwI$p R`3 SL" 36tl Y �... 00 EAST COAST HIGHWAYis AVENIOA PNCINAS CORONA OEI, MAR, CALIFORNIA 02025 CARLSOAD. CALIFORNIA 92006 AREA COOL 714 6 ARCA COOL 61�1 TELEPHONC C72-3772 January 27, 1989 TELEPHONC 434-7050 Mr. Ken Delino Assistant to the City Manager 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92638-8915 Re: Appraisal of a Vacant Lot located at 4210 River Avenue, Newport Beach, California Dear Mr. Delino: In accordance with your authorization of January is, 1989, we have made an examination of the above -referenced property, for the purpose of estimating the fair market value range, as of January 1, 1989. As a result of this investigation and an analysis of matters pertinent to the property's value, we have concluded that the fair market value range thereof, as of said date, was $325,000-350,000. THREE HUNDRED AND TWENTY FIVE THOUSAND DOLLARS to THREE HUNDRED AND PIPTY THOUSAND DOLLARS The scope of this assignment has been to physically inspect the subject site, complete a market data study of the comparable market data; analyze the physical characteristics of the subject site; compare the market data to the subject site; and form an opinion as to the fair market value range of the subject site. PARCEL MAP _ yego J VATERWAY KCVO ALTO Vacant lot located at r}%r% 4210 River Avenue AVENUG E 423-J Newport Beach, California January, 1989 \ ♦ ueYE Richard A. Fuller, MAI �2 \ s * 3 2 ! CAYVAL \ `\ \ `\ Q�,P 5lip �6 \ \ 292 W n \T ♦ K. 244 \ OBLK.243" y Q� CNtANN PG ACE\ PARK \ � \ a \� g RIVER AVENUE $ 1 \ BL .'145 ------tom s BAR. a� W •w 62r22 & �.._ BL 144 t j R.S 95- 41+— —t to 294 ,D % 0 ss ds• 12 ;� B 9 M 143 Jo a e !! Y " O M It — — — F 9p I42 � e !2 SECTION k t v �I -lid FAAFAM �:t A I -MAVI MR.♦ AM4•sF,as-as t SAYI BALBOA WILEVARD t v �I -lid FAAFAM �:t A I -MAVI MR.♦ AM4•sF,as-as t SAYI BALBOA WILEVARD MARKET DATA SUMMARY � VACANT LOT A LOCATED AT 4210 RIVER AVENUE SPORT BEACH, CALIFORNIA a 0 size sale Sale Price/ H Land No. Address fsg.ft.) Date Price 8.q.ft. m use Remarks 1 211 42nd. St. 2,437 1f11/$9 $ 190,000 $ 77.97:� v' R2 Vacant lot, 423-295-11 fry deducted � for osludge. m 2 4313 Channel Pl. 1,931 10f11j88 203,000 105.13 z R2• Corner lot, 423-295,-1 o improved with older residence, N channel views. A 3 100 41st- St 2.125 6/29/88 145,000 68.243 I A R2 Vaamt irregularly 423-311-23 A shaped lot. A O 4 4206 River Ave. 3,000 6107/88 300,000 100.00 Cq R2 maTmel frcts lot, 423-293-3 improvements of negligible value. 5 3600 Marcus Ave 3,000 4/29/88 225,000 75.00J R2 Improvements 423-371-5 CD demolished, �chahne7eiews. 6 207 43rd St. 2r428 12/18/87 182,500 75.15j A R2 Imppoved with 423-295-9 _ older single story 0 residence. 7 701 Lido Park Dr. 15,000 9/28/87 10500,000 100.00 0 R2 Lido channel 47-010-1 p fra Mor existing mes v removed, 4 SFRrs o constructed. w 3A� - LSsr 'p•4c%�iC O - : A _ .Z � - - � � - ='�-ja.5'/---"®-'- _'--- -"- - -- "--- � � 's` 3 Z / 0 7 r • � '9p" 3aa3.�� �• J 'Q//�jV��, "� ,o / _ 6 �- � � oR 3J6 � _ to .7I Q .� _�, ' /°J• Z / /3G5 � ��/i � '1 �Cy_'•G..9 `��/ qE B• ZS' ". ?1S 3S 3 Z � 3� reiG,y, _oc_ f � ���� z / 4S i — ii /Lb• ' 5" � i - •�'" 9#19• . 7 6 1 6�366 �•4Y � r � IQrm 3 � , B2S. ,q�/ � Z• .,q� J` Q �� f .� � Z / f B2S• i!'/q /+//�•. f.'By '34/Z" .34r0. � Z �/ - `/}O J� o % /7 b' nc/ICY �°C/Fj� Qyr 8 mM ° "APO B •39°6 3900• ;�902 39Ly. � 6 S 4 rr � pA /' �=Z— f Q �Z '� r � •'a 4 20 � 1[ •"� 6 /B � _ f r3 3 Z/ r� If M 5 9 y5" o � 7 .. B 38y,. .3g'�4�02 3Ry,• IGQ` t /p y7 9¢3/6p- 8 ,9���UCr sy e 1 ca 9 •a - /U "3jpr-•p v.- .3Go L,Q/�E• � " tiM /i � Z3 � r � r �� 3 / 2/ � : F tig O 50•f4 '9 9 f3. /II` `� fn ,�i 5 9 � ti 8 .o a ^ ac�Ey °• p o /b�/oo- •�:J�s! . /©p / �4 � ry -J • ^ Z 22 m : 1 /7 // � • `� 6 A /B ti zsa 3! f�'. �0 1 r 3 2 �► /� o ry� /2 0 1 �- q �4 \ y zipo P, Ob �'/i! 1�z r � S � � r •` �9 Njq�� •��. 39�,? a� "J l % 6i 5 , 0 ry ry %rfti 2 �E C { � / ' ram' •` ^°� GV' Zp nv �lJ z'" 3p" 2sa" •�"n 3a�� 99 3 Z / ^ ;' /0 tl ti , rye", / ° _ e 4• , ll C�ti9.2%! �.�-Z B f i .iii 3g10.'T n4 ° ``j •�;a�3- , �0' `�' : � �� �� "�'' �•v/ i 3�1_;, �o ZZ h � ,,��f� / �,. , _ ' zr ' ti 8 /6 � " /O /t! ,� . � . a ' pR°P. `y O oCQ y •O4o���y- ' it /7 ` ae/3Np 35O�yoy Qry M p, /Cg rn /6 \ ry 9a IS• ` ' Zp �9 p Z/ � � ti /3 /9 ��' 0 " /3 /� /5 /G 3/07 -J7OS J7oi -7.�• 9G• i ZZc O a /Z Zo 09 r-h�R 9 23 /a�90 FULLER & RSSOCIRTES TEL No.714-644-4065 "MSP4nT DATA MAP •wllD{, t `-Vadant lot located at 4210 River AVenue •�°� Newport Beach, California ���' n January, 1909 Csvy4 �C+n 0, Richard A. Fuller, MAX p¢ ' hi SA e 4'. I Oct. 4 P/6" 90 10:14 P.04 or IV. C� FAX COVER SHEET DATE: l I t I� I• NO. OF PAGES: TO: LOCATION BUSINESS PHONE: 16 C S (b 0 [7 FAX NUMBER: 760 — 05y 7 FROM: KENNETH J. DELINO LOCATION: Newport Beach City Hall BUSINESS PHONE: (714) 644-3002 FAX NUMBER: (714) 644-3339 COMMENTS: Ci a680 bll a b/rs y, �3 ., e,iabl�s S lEDO btdg eft 3S O 6 , AnAAals(j/ iA)drq' PS aua. lAJA (%OSt �Qdd'l Sly pti3/� x sob =v"s� /791 CITY OF NEWPORT BEACH MEMORANDUM: From DEPUTY ciTy MANAGER To -FINANCE ................... .............`�NE..27...........................19..91 .............. SUBJECT: LOT 38TH & LAKE Per the attached, do not accept lease payments for this property. They are normally paid six months at a time and are due again on July 15th. If you receive a check, do not cash but route to me. Thank you. Reply wanted ❑ Reply not necessary p Ne-20- Attachment 0 0 1 I'fufp�� ��Opc" n _ -- tJ NQQ- \ IV e 1.01 Bob- �7G 6 X x �Cl � 1 did • m �n: x t,-' .,<..'I It r r � / V- w: ar •i; .. .S s. I �� g Nam N. � m • � -. _ p ' '..N..� {it c ,ice -' j"s. o fiJ�;•' :.0: .{� ; . �=sue - �-•�...I-- .:..t. ;a ` ••.- ..,k� r•'',Ti1 `�«-". ,..r _z N V.:1-' NITS- t. .,V�. sv-6- L- Y :fV�'�"✓ lri C'iry fo frame Als -or t*e .POW61 i ,4%rce/ /abe/cc/ 141 B� Gurb G kr FJ A tb KJC'i �UN�ll* 11 00 Q M V OWNER ^ - ADDRESS / CARE OF EX-1IP PARCELMNo. YE,w SQ.F _ SITUS ADDRRE S _ CITY Cr ATE ,fp y HC/STS PHONE PARKINGG A P LOTSIZE DOCUMENT-X IMP VAL FULL VAL-YR CE '209 32ND ST ..� S* NEIWPO�RT c 2754 209 ST s BEEAACH. CA 42663 423- 353- 1 1978 10/11/85 160,377 60 5 LAKE TR LOT 20 BLK 132(AND SWLY 10 FT LOT 19 BLK (714) 6 3-0 11 85-392491-6 132,703 293,080-86 WALLACE CA *2412 OZONE CT 211 *HERMOSAWBEACH. 90254 4L 3-35 / 6 19L47 4-2�1 0 10/06/87 LAKE TR LOT 18 BLK 132(A* NELY 15 FT LOT 19 BLK 3,800 87-561772-G YEAR ROOM CT, SC.FT.-F UNITS YEAR ROOM CT. 1948 3-1-1.6 72D-1 ADDITIONAL STRUCTURE JACOBS JAMES A * JACOBS REALTY EA / q APT 7 1520 215 *2919 NEWPORT BLVD 1 aG To w v 127 1 nT 17 *NEWPORT BEACH, CA 92663 �i23-353- / 1961 6/13/86 *COSTA CAD J *240 E 16TH PL APT 2 217 I' MESAODE , LAKE TR BLK 132 LOT 16 92627 `f�3-3S3- / O 1936 (714) 642-1073 4-216 0 2,375 4/15/85 85-131305-G 151z 52ST 12,733 155 000�-F 164;485-85 BALAL*lEWPORISTCBEACH *3471 VIA LIDO, STE 213 �7 1 219 ST CA LAKE TR RLK 132 LOT 15 92663 423-353- 7 7 1RES 3-61 2,375 6/09/88 88-271821-G y32ND 13,701 180,000E 108:983-85 KAPELA *2742 N FLOWER Si 74-2 221 *SANTLAKE TANA CA 92706(714 3-�0 1961 5233250 39:659ST RWBLKIAM LOT 14 543-6604 60,66�75 D L*Ep�NTROSE, *17478 HWY 550 SOUTH 223 CO LAKE TR BLK 132 LOT 13 81401 423-353-2 7 1940 (303),,249-4605 3-1-11.0 10/28/77 124340792 73,933ST 19,023 135,000 F 92,956-78 ! YEAR ROOM CT. 1945 4-2-1.0 SG:FT.-F UNITS 760-2 ADDITIONAL STRUCTURE YEAR ROOM CT. SD.FT.-F UNITS CITY OF NEWPORT BEACH *P 0.BOX 1768 -_ _ DAVIS BARBARA DIANE TR *858 W 18TH ST EA T 751 3711 LAKE AV NB *COSTA MESA, CA 92627 423-36 7 02 19 3 10/06/87 49,980 RIVFR SF[TTON I OT 9 Al r 1i7 SFI Y1/9 Akin cro V1n oro «�.,. .. ...._ -_ tEW ORTABEACH CA *308 38TH ST 92663 423-36 1 -L'3 1948 4 2-1.0 3709 RIVER SECTION LOT 11 BLK 137 NWLY1/2 AND NWLY1/2 3,000 4/29/88 88-197769-G *NEWWPORT DONNA '3701 LAKE AVE 3701 CH, CAL 92663 42 3-36 7 -04 ,949 2.0 8/26/66 RIVER SECTION LOT 11 BLK 137 SELY1/2 AND SELY1/2 (714) 6 3-0424 T 3,000 080310697 JRT BEACH, *3700 PARK LN 3700 *NEWPYESORT CCIAI 92663 423-36 7-0519i6 5-2-1.0 8/28/86 RIVER SECTION BLK 137 LOT 1 C714) 6 0-1554 1,Z50 86-390474-G PARCEL LIST" ORANGE COUNTY 1988-89 EDITION J 03 OWNER ADDRESS / CARE OF " EX -ZIP PARCEL NO. YEAR HC/STS PHONE PARKING A P ROon CT. LOTSIZE DATE SITUS DOCUMENT-X ADDRESS IMP VAL TAR CITY FULL VAL-YR **NEWPSS ORTIBEACH, CA *3702 PARK LN RIVER SECTION BLK 137 LOT 2 92663 423-36 7 -06 1924 5-2-11.0 1,750 6/20/86 3702 86-260481-G 142,284" 12,525 149,000 F 154,809-86 66 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER SUMMARY OF CITY'S LEASE TO ROLLAND & THELMA PREHN I. GENERAL INFORMATION Parties to Lease City of Newport Beach, a municipal corporation, Lessor Rolland A. and Thelma L. Prehn, Lessee Date of Current Lease July 15, 1973, on a month to month basis with 30-day cancellation clause by either party Lease Duration Month to month, indefinitely Land Location On 38th Street between Lake and River Avenues Source of City's Title Grant Deed from Ross C. Owen and Lillian M. Owen conveying the northwesterly half of Lots 9 and 10 in Block 137 of River section, as shown on a map recorded in Book 4, Page 25, of Miscellaneous Maps, Records of Orange County, California. Executed March 5, 1959. Approximate Area 1,170 square feet approximately Frontage Water - None Street - 70.30 sq. ft. Alley - 37.76 sq. ft. Current and Prior Lease Description Parcel Number Legal Description II. LEASE PROVISIONS Original lease was entered into on April 16, 1964 to V. E. Schauppnere Prior to the lease, the City had condemned Lots 9 and 10, Block 137 of River Section to be used as a continuance of 38th Street. Portions of Lots 9 and 10 were used as a street. Remaining portions of Lots 9 and 10 are involved in the lease agreement. 045-251-13 The Northwesterly half of Lots 9 and 10 in Block 137 of River Section, as shown on a map recorded in Book 4, Page 25, of Miscellaneous Maps, Records of Orange County, California. Purpose For use as a private parking lot. No structures or improvements, other than landscaping, to be erected on the property. Rental $60.00 per month on or before the 15th of each month) SUMMARY OF CITY'S LEASE TO ROLLAND AND THELMA PREHN -.4, s Maintenance and Repairs Car and maintenance of subject property to be the responsibility of Lessee Assignability Lessee shall not assign lease or any interest therein without prior written consent of Lessor. Any unauthorized assignment or sublease shall be void, and shall terminate the lease at the Lessor's option. Renewal No provision other than month to month tenancy Terms of Default No provision Taxes Lessee shall pay all taxes and assessments, if any, on said property during the term of lease. Insurance As required by Certificate of Insurance for Lease of City Property 38TH STREET PROPERTY f , Yo R �t 6 4 3/iG Rlz�o 7 ORT INORKS r_ P, l iv�i;.i e /4l, .�L 70 Ll,-f'x�' rp,�".+-C .i" , 9zPV. DATE 2' UE! IG 4GRX9 C1RcCTGR R.F i1G. _ /i -z a h... / .... CITY OF NEWPOR�*jm'ACH MEMORANDUM: FrOM City Attorney License Inspector Jul 6 73 TO............................................................................y...........................� 18........ RE: Lease of 38th Street Property by Rolland & Thelma Prehn Jim: Attached please find the original and one copy of the month -to - month lease agreement between the City and Rolland A. Prehn and Thelma L. Prehn pertaining to the 38th Street property. Would you please obtain the signatures of the Prehns on the original agreement and transmit it to the City Clerk for sig- nature by the Mayor. The original lease should be retained by the City Clerk for her files. The extra copy may be given to the Prehns for their records. I would appreciate being ad- vised when the document has been executed by the Prehns and transmitted to the City Clerk. Reply wanted ❑ Reply not necessary ❑ DON dm N1'20- Enc. DENNTS O'NE�L Y ��n t� 0 MAYOR Q COUNCIL ANAGER Q ATTORNEY Q BUILDING Q CITY CLERK Q FINANCE Q FIRE Q GEN. SERVICES O HARBOR & TIDELANDS 0 LIBRARY 0 MARINA PARK Q MARINE SAFETY Q PARKS & REC. Q PERSONNEL Q PLANNING Q POLICE Q PUBLIC WORKS PURCHASING Q TRAFFIC POR:O ACTION & DISPOSITION FILE INFORMATION Q REVIEW & COMMENT RETURN REMAR S:.........'--.... ;�-�.- p ._........ -rev-•-F�-•-•G*%�.c-�..1�- fi'-.. ...... e5tePP- •-•--•-` •--•-•-- ------------ ..................•-------•--•---------•--•--•------ ............................... ............•................._..•......•_ . films: -----------------------•-•-----------.......................---•-- ....................................... CITY CL--, '- FROM: 0,/ 4.,.0 Mgr. Copy RESOLUTION NO. 8 05 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A MONTH - TO -MONTH LEASE OF CITY -OWNED PROPERTY LOCATED ON 38TH STREET BETWEEN RIVER AND LAKE AVENUES AND AUTHORIZING THE EXECUTION OF THE LEASE AGREEMENT WHEREAS; the City owns a small parcel of property located on 38th Street between River and Lake Avenues; and WHEREAS, on April 9, 1973, the City Council authorized said property to be leased on a month -to -month term to the highest bidder;` and WHEREAS, Rolland A. and Thelma L. Prehn have sub- mitted the highest bid for a month -to -month lease of said property, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The month -to -month lease is hereby awarded to Rolland A. and Thelma L. Prehn; 2. The City Attorney is instructed to prepare a lease agreement between the City of Newport Beach and Rolland A. and Thelma L. Prehn incorporating all of the terms and condi- tions of the lease; 3. The Mayor and City Clerk are hereby authorized to execute said month -to -month lease agreement on behalf of the City of Newport Beach. ADOPTED this 9th day of . July , 1973. Mayor ATTEST: City Clerk DON dm 7/3/73 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER July 9, 1973 COUNCIL AGENDA ITEM NO. TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: CITY -OWNED REAL PROPERTY ON 38TH STREET BETWEEN RIVER AND LAKE AVENUES RECOMMENDATION: If desired, award a lease to Rolland A. and Thelma L. Prehn for $60 per month -on a month to month basis beginning August 1, 1973, or sooner, and direct City Attorney to prepare the lease agreement. DISCUSSION: On April 9, 1973, the City Manager and the City Attorney were instructed to prepare specifications to offer the subject property for sale or lease. After lengthy investigation, the staff decided to lease subject property rather than sell it because of the possibility of the property being classified as waterfront or beach.property. Two weeks prior to the opening of bid forms, forty-two (42) brochures were sent to surrounding property owners; the property was published for lease in the City's legal newspaper; further, the property was posted with a•public notice, The minimum monthly rental was not to be less than $45. On June 29, 1973, bid forms were opened at 10:00 A.M. The bids were as follows: 1. $60 from Rolland A. and Thelma L. Prehn, 3800 River Avenue, Newport Beach, 2. $49 from H. B. Mathis, 3714 Park Lane, Newport Beach, 3. $45 from Henry C. Abrams, 3806 River Avenue, Newport Beach. rt all, OBERT L. WYNN RLW:JMS:cs Attachment LEGAL NOTICt NOTICE INVITING BIDS FOR THE LEASE OF PROPERTY OWNED BY THE L CITY OF NEWPORT BEACH NOTICE IS HEREBY GIVEN, that the City of I7ewport Beach' intends to lease -to the highest' bidder, on a month -to -month basis; certain real property° owned by it which is located at: Commonly Known As: A tri- angular shaped parcel of prop- erty containing approximately 1170 sq. ft. on 38th Street t between River and Lake Ave- i nues. I Legally Described As: The i Northwest half of Lots 9 and ; 10 in Block 137 of River Sec- - tion, as shown on a Map re- f� corded in Book 4„ Page 25 : of Miscellaneous Maps, Rec- , ords of Orange County, Calif- j ornia. Any person desiring to lease said property may submit a bid to do so by letter addressed to the'Office of the City Man- ager, City Hall, 3300 Newport Boulevard, Newport Beach, California, prior to 10:00 a.m., June 29, 1973,' Bids ,will be opened as soon thereafter as Is practicable. Bids must be for a m nimum of $45.00 per month, Robert L. Wynn City Manager City of Newport Beach California Publish: June 14, 1973, in the Newport Harbor Ensign, PUBLIC NOTICE CITY PROPERTY AVAILABLE FOR LEASE ON MONTH FOR -MONT 3 BASIS SEALED BIDS WILL BE OPENED AT; ITT HALL COUNCIL CHAMBERS Oil JUNE 2% 1973 AT 90000 A, Mz FOR FURTHEF3 INFORMATION9, NEWPORT BEACH CITY HALL 3300 N&EW- P0j9i BLVD. N E W PO R T 3 E_ ,AX H , CALIF. NOTICE OF PROPERTY FOR LEASE Procedure: By sealed bid Date: June 29, 1973 Time: 10:00 A.M. Location: City Council Chambers, City Hall Type of Lease: Month to month tenancy Legal description: The Northwest half of Lots 9 and 10 in Block 137 of River section, as shown on a Map Recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County, California. The above description is given for general identification of the j �property only. It is not necessarily the legal description which i — will be used in -the lease agreement. — _Z_ • 0 Terms of Lease: 1. Tenancy from month to month; 2. No structures or improvements, other than landscaping, to be erected on the property; 3. Care and maintenance of subject property to be the responsibility of lessee; 4. Minimum monthly rental to be $45.00; 5. Lessee shall pay all taxes and assessments, if any, on said property during the term of this lease; 6. Nonassignability - Lessee shall not assign this lease or any interest therein without prior written consent of lessor. 7. Terms of option to lease - See Pages 9-12 8. -Insurance - As required by Certificate of Insurance for lease of City property. - 3 - M.4�pCGCS A/�ENIIlE ,2/v0 MIXER K W h AL TO u E:: a -4- C P,4R& 38''A'.STiQBFT 01IV& G'/TY OWN" opRaOE,pTY AT 38 ZNST. � LAKE ,41iE. PUMLIC WORKt DIRLCT" DRAWING NO. DATA SHEET Minimum Bid: $45.00 Required Deposit: Amount of bid Balance Due: As agreed each month Description: t, Size - '1170 sq. ft. app. Shape - Irregular triangle Topography - Level Zone - R-2 Utilities - None ` Access - From alley between Lake and Park Avenues-, Improvements - Paved surface Tenancy - Month to month Suitable for - Parking 1 -5- S The information contained in this brochure was obtained from sources deemed reliable, but is not guaranteed, and is furnished solely as an aid to prospective bidders. Bidding Procedure: Complete the bid form (option to lease). 2. Enclose the completed form and the required deposit (amount of bid) in an envelope using the "cut out" address at the bottom of this page. 3. Make the required deposit payable to "City of Newport Beach". 4. The bidder's name and mailing address should be shown in the upper left hand corner of the bid envelope. 5. Envelopes not properly marked and opened prior to the bidding may be disqualified. NOTE: In order to eliminate possible accidental opening of bid envelopes prior to the advertised time of the bid opening, it is very important that the notice below be affixed to the out- side of the envelope enclosing the bid. SEALED BID FOR OPTION TO LEASE CITY OWNED PROPERTY, TO BE OPENED JUNE 29, 1973, AT 10:00 AM IN THE CITY COUNCIL CHAMBERS. CITY MANAGER'S OFFICE CITY HALL 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. Limitations and Inspections: The leasing of subject property is subject to all matters of public record and any easements, claim of easements, or reservations not of record. Such information as the City of Newport Beach may have on this subject will be furnished upon request. Prospective bidders should consult local title companies if more complete information regarding the title of the property is required. Interested parties may inspect the subject property. -7- 0 0 BID FORM Option to Lease (30 day) Required Deposit: Amount of bid For the leasing of the following real property: The Northwest half of Lots 9 and 10 in Book 137 of River section, as shown on a Map Recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County, California. (See plat map) The undersigned bidder hereby agrees to the terms of this option, and further agrees to pay to the City of Newport Beach, Dollars ($ ), per month as payment for a tenancy from month to month commencing August 1, 1973, or sooner. Enclosed herewith is the sum of Dollars ($ ) which represents the first months rent, providing that this bid is accepted. It is further understood that the City of Newport Beach is not necessarily bound to accept the highest bid, but may, at the option of the City of Newport Beach, accept or reject the best bid. All provisions of the terms of option to lease are hereby specifically incorporated by reference into the terms of this option, and the bidder agrees to perform each of the said terms. The property shall be leased It is also agreed that all notices and matters arising in connection with this transaction will be given to bidder in person or by registered mail addressed to the bidder at Bidder may take possession of said property as soon as the lease has been signed by both parties. DATE SIGNED ADDRESS CITY 7To PHONE See terms of option to lease Terms of Option to Lease: 1. Bid - All bids shall be presented under sealed cover and shall be plainly marked on the outside of the cover as indicated by the description of the property. 2. Deposit - All bids must be accompanied by cashiers check or money order made payable to the City of Newport Beach in the amount of the bid. 3. Option Period - The option deposit will be the consideration for the option period the length of which is 30 days commencing on the first day following the date the bids are opened. There may be situations wherein the option holder may be unable to complete the terms of option within the time allowed for reasons beyond his control. Under these circumstances, the City may elect to extend the option period. Among other things, any extension shall include an additional option deposit of money, in consideration for the extension, which will be applied toward the lease agreement. Forfeiture of Deposit - The option deposit and any additional option deposit shall be nonrefundable in the event that the successful bidder fails to exercise the option within the option period or fails to comply with any and all the terms of the option period or fails to comply with any and all the terms of the option as herein provided. Bid Form - Bids must be submitted on a form issued by the City of Newport Beach. A copy of the bid form accompanies this notice. If the bid form is not signed by the bidder, the bid will be rejected. Option Agreement - The City of Newport Beach will notify the successful bidder, in writing, and inform him that his bid was accepted. Upon the mailing of the written notification, the bid form will become an option agreement and the successful bidder shall be bound to the terms specified in the terms of lease and the bid form. - 9 - 0 • Terms of Option to Lease (Cont.) 7. Tie Bids - In the event that two or more bids are equal in desirability, the option shall be awarded to the best bidder chosen by lot at the time the bids are opened. 8. Second Best Bidder - In the event that the best bidder fails to exercise his option within the option period or defaults in the terms of lease, the City of Newport Beach may, at its discretion, offer the option to the second best bidder. If the second best bidder accepts the option, the deposit requirement and terms of option to lease shall be the same as stated in this notice of lease except that the option period shall commence on the day the option is awarded by the City of Newport Beach. - 10 - The lease under this option is subject to the approval of the City of Newport Beach. Any assignments under this option must be made prior thereto, subject to the approval of the City. If the option to lease is not approved, the option deposit money will be re- funded without interest. The successful bidder may take possession when the lease is signed by both parties. When the option to lease is approved, the City of Newport Beach and the successful bidder elects to exercise his option to lease, the option deposit will be credited toward the lease period. The City of Newport Beach reserves the right to accept or reject any and all bids and to cancel the lease in part or in its entirety, at any time prior to the signing by both parties of the lease. In the event of cancellation of option to lease and/or rejection of any bids, the respective deposits of moneys shall be refunded without interest. The right, title and interest in the property to be leased shall not exceed that vested in the City of Newport Beach, and this lease is subject to all title exceptions and reservations whether or not of record. The successful bidder may obtain a policy of title insurance at his own expense, if he should so desire. Should the successful bidder desire a survey of the property, this may be accomplished by an independent survey at the bidder's own expense. No warranty is made by the City of Newport Beach relative to the ground locations of property lines other than those disclosed in the description of the property. The successful bidder shall be responsible for complying with all state and local laws and codes. All properties are leased in an "as is" condition, unless otherwise specified. All insurance policies shall be provided as specified under terms of lease if so stated. Limiting Conditions (Cont.) In the event there is a default on the payment of the agreed to lease amounts, at the discretion of the lessor, the lease may be cancelled with 3 days notice to pay rent or quit or by an unlawful detainer action at the discretion of the lessor. - 12 - x \0 July 2, 1973 Rolland A. and Thelma L. Prehn 3800 River Avenue Newport Beach, California 92660 SUBJECT: LEASE OF CITY -OWNED PROPERTY AT 38TH STREET AND RIVER AVENUE Dear Mr. Prehn: Thank you for your bid of $60 on the subject property. It is the recommendation of the City staff that your bid be accepted by the City Council at their meeting on July 9, 1973. You will be notified of the outcome of that meeting. Thank you again •for your consideration. Very truly yours, JIM SINASEK Finance Inspector JS:cs 0 • BID FORM Option to Lease (30 day) Required Deposit: Amount of bid For the leasing of the following real property: The Northwest half of Lots 9 and 10 in Book 137 of River section, as shown on a Map Recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County, California. (See plat map) The undersigned bidder hereby agrees to the terms of this option, and_ further agrees to pay to the City of Newport Beach, Siz ty Dollars ($ BD OD ), per month as payment for a tenancy from month to month commencing August 1, 1973, or sooner. Enclosed herewith is the sum of Sixty Dollars ($6o.00 ) which represents the first months rent, providing that this bid is accepted. It is further understood that the City of Newport Beach is not necessarily bound to accept the highest bid, but may, at the option of the City of Newport Beach, accept or reject the best bid. All provisions of the terms of option to lease are hereby specifically incorporated by reference into the terms of this option, and the bidder agrees to perform each of the said terms. The property shall be leased to Rolland A. and Thal= L. Prahn It is also agreed that all notices and matters arising in connection with this transaction will be given to bidder in person or by registered mail addressed to the bidder at 3soo River Avenue, Newport Beach, Bidder may take possession of said property as soon as the lease has been signed by both parties. DATE 6_95_ry3 SIGN :•• CITY .. .. .• See terms of option to lease W:11 Limitations and Inspections: The leasing of subject property is subject to all matters of public record and any easements, claim of easements, or reservations not of record. Such information as the City of Newport Beach may have on this subject will be furnished upon request. Prospective bidders should consult local title companies if more complete information- regarding the title of the property is required. Interested parties may inspect the subject property. -7- nd A. Prshn River Avsnus rt Beach, 0aliforni 92660 SEALED BID FOR OPTION TO LEASE CITY OWNED PROPERTY, TO BE OPENED JUNE 29, 1973, AT 10:00 AM IN THE CITY COUNCIL CHAMBERS. 22 9 CITY MANAGER'S OFFICE CITY HALL 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. a July 10, 1973 Mr. N. B. Mathis 3714-Park Lane Newport Beach, California 92660 SUBJECT: CITY -OWNED REAL PROPERTY ON 33TH STREET BETUEEN RIVER AND LAKE AVENUES Dear Mr. Mathis: Last evening -the City Council at their regular meeting awarded a lease to the highest bidder on the'above property. This award was recommended by the City staff. I would, again, like to thank you for your consideration and your bid on the subject property. ' Your check for $49 is returned herewith. If you have any comments or questions, you may contact me at 673-2110, Ext, 244, Very truly yours, JIM 9INASEK Finance Inspector JS:cs Enclosure 11 July 20 1973 Mr. H. B. Mathis 3714 Park Lane Newport Beach, California 92660 SUBJECT: CITY -OWNED PROPERTY AT 38TH STREET AND RIVER AVENUE Dear Mr. Mathis: Thank you for your bid of $49 on the subject City -owned property. There was, however, a higher bid on the property. It is the recommendation of the staff that the City Council accept the higher bid. Your check will be retained until the Council accepts the higher bid at the City Council meeting on July 9, 1973. There is the possibility that one of the other bids may be accepted. Regardless of the outcome, you will be notified of the City Council's decision. Thank you again for your consideration. Very truly yours, JIM SINASEK Finance Inspector JS:cs • 0 BID FORM Option to Lease (30 day) Required Deposit: Amount of bid For the leasing of the following real property: The Northwest half of Lots 9 and 10 in Book 137 of River section, as shown on a Map Recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County, California. (See plat map) The undersigned bidder hereby agrees to the terms of thi option, and further agrees Jo pay to the City of Newport Beach, - r Ni Dollars per month as payment for a tenancy frot month to month commending August 1, 1973, or sooner. Enclosed herewith is the sum of Dollars ($ 00 ) which represents the first months rent, providing that this bid i§'accepted. It is further understood that the City of Newport Beach is not necessarily bound to accept the highest bid, but may, at the option of the City of Newport Beach, accept or reject the best bid. All provisions of the terms of option to lease are hereby specifically incorporated by reference into the terms of this option, and the bidder agrees to perform each of the said terms. The property shall be leased to��q-�� j It is also agreed that all notices and matters arising in connection with this transaction will be givebidder in person or by registered mail addressed to the bidder at Bidder may take possession of said property as soon as the lease has been signed by both parties. DATE SIGN ADDRESS CITY PHONE � -V, _ g /9 See terms of option to lease nJ�r on y •• 4 Limitations and Inspections: The leasing of subject property is subject to all matters of public record and any easements, claim of easements, or reservations not of record. Such information as the City of Newport Beach may have on this subject Will be furnished upon request. Prospective bidders should consult local title companies -if mare -complete information regarding the title of the property is required. Interested parties may inspect the subject property. �EhIle- Meft., :// y !�pkNc�4ftd T4 SC g4(PPhv- �?Ierf �y 4�/<LceYK M"a shy �-Ccl pip,4�,,ly. JcJ, pq/ - My /dtQ �, o� 411d HA /�C1411 my 1� rnsQ, rM a,s� r ��iE �t' E a h J a Hf •!F%'�j�o AE G �he✓rc w�fl�o�- �-ry��nk���y c�,(1/./:� .�hEy pop/,cc.._. _L`�s� 4jlvyS is t-a-HeN At JA ar4a Now1-e ✓✓ t -7- rl M-Aeelas o4krNftr RAVO al JCALF: ALTO U.�E ,4f�EiYUE �eM9 � �✓ :o• W Ro4RA" - LANE Wt4 38VV STREET PMoe C h ' MAP CITY OF NEWPORT BEACH DRAWN P C• DATE-3 PUDUC WORKS DEPARTMENT APPROVED C/TY oiwwj D pRaoEk'TY , -�c woRN� MOM K.E. N0. AT 38 r'ST. � LAKE o4YE. . DRAWINO NO. e1Ag1.,j-27Z-L 6 0 Terms of Lease: I. Tenancy from month to month; 2. No structures or improvements, other than landscaping, to be erected on the property; 3. Care and maintenance of subject property to be the responsibility of lessee; 4. Minimum monthly rental to be $45.00; 5. Lessee shall pay all taxes and assessments, if any, on said property during the term of this lease; 6. Nonassignability - Lessee shall not assign this lease or any interest therein without prior written consent of lessor: 7. Terms, of option to lease - See Pages 9-12 8. Insurance - As required by Certificate of Insurance for lease of City property. - 3 - 'L. wd Am'- �q. t13. nARfltld 3714 PARK LANE l NEWPORT -BEACH, CALIF, 9260 • • n i SEALED BID FOR OPTION TO LEASE CITY OWNED CITY MANAGER'S OFFICE PROPERTY, TO BE OPENED JUNE 29, 1973, AT CITY HALL 10:00 AM IN THE CITY COUNCIL CHAMBERS. 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 926 0 ■ h July 10, 1973 Mr. Henry C. Abrams 3606 River Avenue Newport Beach, California 92660 SUBJECT: CITY-OVINED REAL PROPERTY ON,36TH STREET BETWEEN RIVER Dear Mr. Abrams: Last evening the City Council at their regular meeting awarded a lease to the highest bidder on the above property. This award was recommended by the City staff. I would, again, like to thank you for your consideration and ,your bid on the subject property. Your,chock for $45 is returned herewith. If you have any comments or questions, you may contact me at 673.2110, Ext. 244. _ Very truly yours, JIM SINARK Finance Inspector JS:cs Enclosure r , .0 -M-w July 2, 1973 Mr. Henry C. Abrams 3806 River Avenue Newport Beach, California 92660 SUBJECT: CITY -OWNED PROPERTY AT 38TH STREET AND RIVER AVENUE Dear Mr. Abrams: Thank you for your bid of $46 on the subject City -owned property. There was# however, a higher bid on the property. It is the recommendation of the staff that the City Council accept the higher bid. Your check will be retained until the Council accepts the higher bid at the City Council meeting on July 9, 1973. There Is the possibility that one of the other bids may accepted. Regardless of the outcome, you will be notified of the City Council's decision. Thank you again for your consideration. Very truly yours.. JIM SINASEK Finance Inspector JS:cs • BID FORM Option to Lease (30 day) Required Deposit: Amount of bid For the leasing of the following real property: The Northwest half of Lots 9 and 10 in Book 137 of River section, as shown on a Map Recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange County, California. (See plat map) The undersigned bidder hereby agrees to the terms oft s option, and further agrees tVo pay to the City of Newport Beach, ;; 6 4':e 0 e Dollars ($ % ), per month as payment for a tenancy fra month to month cogmencin August 1, 1973, or sooner. Enclosed herewith is the sum of 9 Dollars ($ <i`S"—`) which represents the first months rent, provirovi i� this bid is accepted. It is further understood that the City of Newport Beach is not necessarily bound to accept the highest bid, but may, at the option of the City of Newport Beach, accept or reject the best bid. All provisions of the terms of option to lease are hereby specifically incorporated by reference into the terms of this option, and the bidder agrees to perform each of the said terms. The property shall be leased to �1e"e!�4 (f �dYa.�rS It is also agreed that all notices and matters arising in connection with this transaction will be given to bidder in person or by registered mail addressed to the bidder at 380& /,2/vex auP— /Ya�c��o�T/3�deh Bidder may take possession of said property as soon as the lease has been signed by both parties. DATE 'Ilia CITY PHONE 03i' 0275-2 See terms of option to lease P 9ZG./' a M 0 Limitations and Inspections: The leasing of subject property is subject to all matters of public record and any easements, claim of easements, or reservations not of record. Such information as the City of Newport Beach may have on this subject will be furnished upon request. Prospective bidders should consult local -title companies if more complete information regarding the title of the property is required. Interested parties may inspect the subject property. -7- s /j � //jJ ( U �n i n .Yaw /1�0 � /fI �. �•� /Ii[+LL a H. C. Abrams 3806 River Ave. Newport Beach, Calif. 92660 SEALED BID FOR OPTION TO LEASE CITY OWNED PROPERTY, TO BE OPENED JUNE 29, 1973, AT 10:00 AM IN THE CITY COUNCIL CHAMBERS. �1 Im CITY MANAGER'S OFFICE CITY HALL 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92660 CITY OF NEWPORT BEACH Office of CITY ATTORNEY May 29, 1973 To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: City -owned Real Property located on 38th At their April 9 meeting the City Council referred the above - referenced matter to this office with the instructions to prepare bid documents for its sale or lease. Before bringing this matter before the Council, we examined the question as to whether or not the subject property was waterfront or beach property within the meaning of Section 1402 of the Charter. Said Section provides in part that: "The City Council shall not sell or convey any waterfront or beach property, excepting to the State or to the County for use as a public beach or park. "No such property owned by the City shall be leased by the City unless and until the leas- ing thereof shall have been approved by a majority of the electors . . .". it was out initial opinion that the subject property did not constitute waterfront or beach property because of the exis- tence of an intervening public street between the beach and the property. Upon further investigation, however, we have learned that in 1963 the City sought to sell a similar parcel of property located in the area of 19th and Bay Avenue. It was determined at that time that First American Title Insurance and Trust Company would not insure the title for the prospec- tive purchaser unless the Charter was amended to allow for the sale. It was decided by the Council that the appropriate course of action was to amend the Charter which subsequently occurred in May of 1964. Because of the precedence established by the 19th and Bay property being classified as waterfront or beach property by the Title Company, the Council's decision to sell or lease the similarly located 38th Street property becomes more dif- ficult. To resolve this apparent problem, three possible courses of action are suggested: Y LI 0 RE: 38th Street Property -2- May 29, 1973 1. Obtain a court determination as to whether Section 1402 does preclude the City Council from leasing or disposing of this parcel. t 2. Take the position that the property is not water- front and lease it on a month -to -month basis. Should the lease be challenged, the City could cancel it upon giving 30 days' notice, or in lieu thereof, seek a judicial determina- tion on whether or not the property comes within the meaning of Section 1402. 3. Retain ownership and install recreation zone parking meters. This would provide a few additional parking spaces for those visitors wishing to use the adjacent beach. In ad- dition, anyone who has purchased a parking permit could park on the lot without having to deposit a coin in the meter. r ?� � cic� t cc: City Manager City Clerk PB&R Director Public Works Director 40aOL4_011 DENNIS O'NEIL City Attorney I\-4 CITY OF NEWPORT BEACH DEMAND FOR PAYMENT Date May 15, 1973 Mrs. Vernon F. Schauppnpr Address: 1528 Keel Drive Corona del Mar 92626 In the amount of $ 100.00 ITEM OF EXPENDITURE BUDGET # AMOUNT Refund to Mr. & Mrs. Vernon E. Schauppner for their 1433 $100.00 prepa-y—mefff of rental or lease OT a surplus g- owned parcel of ground located at the north westerly OT LUZ$ 7 and cis in MCK 13/s River sec on, o Newport Beach (38th Street between River and Lake Avenues). Ineir rental payment was paid in advance through August 10, 1974. Their rights in the property rm ena e w a sae o their Omer ome a14 Park Lane across from the City parcel. Their lease agreement prov ,as, n par , a "should lessee sell or convey said Lots 7 and 89 this lease is thereupon teminare ... ppor ngdocumentation or e Schauppner claim of prepayment should be provided by epar n prior to reease OT lease. ' AnDroved For Pavment: TOTAL $100.00 Audited and Approved: Department Head Finance Director DATE..... .1.................... TO: ❑ MAYOR ❑ NCIL NAGE ANAGER ❑ ASST. MGR. ❑ ADMIN. ASST. ❑ ATTORNEY ❑ CITY CLER ❑ COMM. D /. ❑ FINANC ❑ FIRE FOR: EW REMARKS: ❑ GEN. SERVICES ❑ LIBRARY ❑ MARINE SAFETY ❑ PARKS & REC. ❑ PERSONNEL CM�ANyy,A �yGER D 9p'e'dlF4trema. ...................................................... ......................... ORMY 3st !fit To: From: Subject: The Honorable Mayor and Members of the City Council City Attorney City -owned Real located on 38th At their April 9 meeting the City Council referred the above -referenced matter to this office with the instructions to prepare bid documents for its sale or lease. Before bringing this matter before the Council, we examined the question as to whether or not the subject property was waterfront or beach property within the meaning of Section 1402 of the Charter. Said Section provides in part that: "The City Council shall not sell or convey any waterfront or beach property, excepting to the State or to the County for use as a public beach or park. "No such property owned by the City shall be leased by the City unless and until the leasing thereof shall have been approved by a majority of the electors ." It was our initial opinion that the subject property did not constitute waterfront or beach property because of the existence of an intervening public street between the beach and the property. Upon further investigation, however, we have learned that in 1963 the City sought to sell a similar parcel of property located in the area of 19th and Bay Avenue. It was determined at that time that First American Title 0 Insurance and Trust Company would not insure the title for the prospective purchaser unless the Charter was amended to allow for the sale. It was decided by the Council that the appropriate course of action was to amend the Charter which subsequently occurred in May of 1964. Because of the precedence established•by the 19th and Bay property being classified as waterfront or beach property by the Title company, the Council's decision to sell or lease the similarly located 38th Street property becomes more difficult. To resolve this apparent problem, two possible courses of action are suggested•: 1. Obtain a court determination as to whether Section 1402 does preclude the City Council from leasing or disposing of this parcel. 2.• Retain ownership and install recreation zone parking meters. This would provide a few additional parking spaces for those visitors wishing to use the adjacent beach. In addition, anyone who has purchased a parking permit could park on the lot without having to deposit a coin in the meter. DENNIS O'NEIL City Attorney DON dm 5/9/73 CC: City Manager City Clerk PB&R Director Public Works Director CITY OF NEWPORT BEACH MEMORANDUM: FrOM ROBERT L. WYNN, CITY MANAGER ASSISTANT CITY MANAGER April 10 73 To................................................................................................................, is........ SUBJECT: PREPARATION OF SPECIFICATIONS FOR LEASE OR SALE OF CITY PROPERTY ON 38th STREET The City Attorney was directed on April 9th to prepare bid documents for the sale or lease of City property on 38th Street. Please make yourself available to him to assist, if needed, in preparing these documents. Reply wanted ❑ Reply not necessary ❑ By................................................................ Ne.:a COUNCILMEN pn�<�� np N N.1 xo 3 e� y2 �G p ROLL CALL T v pu w (9( F CITY OF April 9, 1973 01 NEWPORT BEACH MINUTES INDEX 5. A letter to Mayor McInnis from the Chancellor of the UCI University of California, Irvine was presented Teaching requesting Council support for locating a Teaching Hospital Hospital on the UCI Campus. Councilman Dostal made a motion to receive the letter and order it filed. Motion x Councilman Kymla made a substitute motion to direct the staff to review and report back, and to invite the Chancellor to attend the next Council meeting. Carroll Beek addressed the Council in support of the campus facility. Ayes x x x x x x x A vote was taken on Councilman Kymla's motion, which motion carried. 6. A report was presented from the Marine Safety Outrigger Department regarding the request of the Imua and Canoe Newport Outrigger Clubs for a special permit to use Storage the beach street ends at 19th Street and Bay Avenue and at 10th Street and Bay Avenue for storage and workouts. Motion x The special permit for use of the street ends was Ayes x x x x x x x approved, subject to the conditions recommended by the staff. 7. A report was presented from the City Manager 38th St regarding City -owned real property on 38th Street Property between River and Lake Avenues. Motion x The City Manager and the City Attorney were in - Ayes x x x x x x x structed to prepare specifications to offer the pro- perty for sale or lease. 8. A letter was presented from M. A. Richley, Jr. Via San requesting a foot and one-half encroachment of roof Remo eaves and second story balcony on house under con- Encroach- struction at 208 Via San Remo, Lido Isle. ment A report was presented from the Public Works Director. Mel Richley addressed the Council. Motion x The eave and balcony encroachment was approved, Ayes x x x x x subject to an easement and a hold -harmless agreemen Noes x being submitted by the applicant and approved by the City Attorney. Volume 27 - Page 80 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 9, 1973 STUDY SESSION ITEM NO. 8 COUNCIL AGENDA TO: MAYOR AND CITY COUNCIL ITEM NO. G-7 FROM: City Manager SUBJECT: CITY -OWNED REAL PROPERTY ON 38TH STREET BETWEEN RIVER AND LAKE AVENUES RECOMMENDATION: If desired, instruct the City Manager and the City Attorney to prepare specifications to either: 1. Offer the property for sale to the highest responsible bidder, or; 2. Lease the property for limited use to the highest responsible bidder. DISCUSSION: The subject parcel (please see attached exhibit) was acquired March 5, 1959, and contains approximately 1170 square feet. It is triangular in shape and was residual from -the acquisition of property for the access road to the Newport Island Bridge. It was leased on October 10, 1964, for ten years to Mr. & Mrs. Vernon E. Schauppner of 3714 Park Lane (Lots 7 and 8) as a private off-street parking lot for $12.50 per month. The lessees were not permitted to construct any improvements on the property except paving and landscaping. Maintenance was a lessee responsibility. Mr. & Mrs. Schauppner have now sold their Park Lane property to Mr. H. Burdell Mathis. The lease with the Schauppners provided as follows at Section 10: "Nonassi nabilit . Lessee shall not assign this lease or y intre anest t erein without the prior written approval of lessor. Should lessee sell and convev said Lots 7 and 8 this lease sha1T thereu on terminate unless lessor consents to t e assignment of t e lease to the successor of lessee . Such consent shall lie entirely within the discretion of lessor." (EmphasissappTied) Public Interest in the Parcel. Although two small public beach areas adjacent to the entrance to ewport Island are nearby, there does not appear to be any Page - 2 - prospective public use for this parcel due to its limits and irregular size and lack of adjacency to other publicly owned lands. The Parks, Beaches and Recreation Director believes that the City would incur an unjustified maintenance obligation if the parcel was converted to'a land- scaped public area. Sale or Lease of Parcel. If the City Council determines that the property as no present or future potential public use, it should be returned to private ownership. Since the parcel by -itself is too small to constitute a legal building site under present law, it -is assumed that only the adjacent property owner can justify offering fair market value for the property. The property should be offered for sale subject to a condition that no structures can be erected unless the land is consolidated with the adjacent "R-2" lot. If the City Council believes that the property may have some future public use, it could be leased. Mr. Mathis has requested to lease the parcel (please see attached letter). If it should be leased, the following specifications are recommended: 1. Lease term to be five ,years subject to termination by the City or lessee without cause upon 30 days written notice; 2. No structures or improvements other than landscaping to be erected on the property; 3. Care and maintenance to be the responsibility of lessee,; 4. Minimum monthly rental of $45.00. CONCLUSION: The subject parcel appears to be of questionable value to retain in public ownership. It should, therefore, be sold or leased to provide at least some more realistic income return to.the City. W/)4� "RL RLW:PFB:cs Attachments 0 Mr. Robert L. Wynn, City Manager 3300 Newport Blvd., Newport Beach, Calif. SUBJECT: Dear Mr. Wynns March 26, 1°73 Parkin Lot at 18 Street and Lake Avenue trlp,:lA�-;.; aEElCE � MP.R 2719730► r,_, . ,J+CH •. CALIF. \i, \N ` I have recently purchased the home of Vernon Schauppner located at 3714 Park Lane. Mr. Schauppner had a lease for the City -owned property located at 38th Street and Lake Avenue for a private parking lot. I understand the lease terminated with the sale of the property. The lot is immediately across which are a part of the building. and blacktopped. the narrow alley from my garages Mr. Schauppner had the lot graded I beg of you let this lot be used for parking as in the past - either as a private parking lot on lease or for public parking. I would be happy to lease it direct or get two of my neighbors to share it with me one is the lady with the bad heart. Another reaDon,for letting this stay as a parking lot is that it has room for four cars with ease. Mr. Schauppner said they have had as many as six cars on it at one time. With the shortage of parking space in this area, this parking lot is badly needed. Three duplexes are being built next to me and many more in this area. Parking space is getting more acute every day. I thank you Mr. Wynn, for your consideration. Sincerely, H. B. Mathis 3714 Park Lane Newport Beach,Calif. 92660 9 04-,5- c2. - 0, I' 04 S - 234 - d� March U, 1973 Mr. 11. B. Mathis 3714 Park Lane Newport Beach, California 92660 Dear Mr. Mathis; Thank you for your letter of March 26, 1973, concern- ing the City-ovmed lot located at 33t4�)4reet and -Lake Avenue. The subject'of ultimate use of this l.ot will be presented to the City Council during the next Council meeting scheduled for April 9, 1973. Shortly thereafter you should hear from the staff concerning the proposed course of action. The staff wi11 recoftmend to the iOuncil that either the,City lease the property or that the City sell the property. if you have, any comments, please feel free to contact -either nyself or Mr. Philip Bettencourt, telephone 673-2110, Thank you, Sincerely, ROBERT L. WYNN City Manager RLW.mm CC; Mr. Philip Bettencourt, Assistant City Manager 0 0 STUDY SESSION AGENDA 4/9/73 1:30 P.M. 1. 1:30 - 3:30 P.M. Budget Review City Council City Clerk Administrative Personnel Finance 2. Council Standing Committee Reports Purchasing and Warehousing City Attorney Nondepartmental Retirement Committee Chairman Committee Chairman Appointments Kymla (Technical Oil Advisory Committee appointment) Environmental Quality Control Dostal Pending Legislation O'Neil Proclamation Underground Utilities Coor- dinating Water 3. Council Ad Hoc & Joint Governmental Committee Reports McInnis Devlin Croul Committee Chairman Committee Chairman Budget Kymla Board of Supervisors on Employee Group Insurance Dostal Coastal Development Croul . Land Development Responsibili- City -School Liaison Store ties Store Inter -City Relations Dostal Bicycle Trails Ryckoff Joint Harbor Kymla Off -Street Parking Rogers Public Cable Television Procedural Ethics Dostal (Progress Report Attached) Dostal Transportation Plan Rogers Greenbelt Plan Organization Dostal Charter Review McInnis Intergovernmental Coordinat- ing Council for Orange Co. McInnis 4. Matters not listed which Councilmen may wish to raise for question or discussion. 5. Matters for continuing review: (a) Air Transportation (b) Surface Transportation (c) Community Development 1. Report from Mayor McInnis concerning the Back Bay issue. 2. Report on precise plan for Newport Shores. Page -2- 5. Matters for continuing review: (d) Legislation 1. Report from Legislative Advocate 2. Status of AB 431 6. Report from Parks, Beaches and Recreation Director concerning Cliff Drive 7. Repor on the off-street pS*k facilities fund'. on property on ween River and Lake Avenues - Council Agenda Item G-7. 9. Review City Boards, Commissions and Committees. 10. Review list of City Council instructions or projects for staff. 11. Review reports concerning unusual situations which may have an impact upon 'the City's affairs. (a) Replacement of plumbing fixtures in beach front public restrooms. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 9, 1973 TO: MAYOR AND CITY COUNCIL FROM: City Manager STUDY SESSION ITEM NO. 8 COUNCIL 'AGENDA ITEM NO. G-7 SUBJECT: CITY -OWNED REAL PROPERTY ON 38TH STREET BETWEEN RIVER AND LAKE AVENUES RECOMMENDATION: If desired, instruct the City Manager and the City Attorney to prepare specifications to either: 1. Offer the property for sale to the highest responsible bidder, or; 2. Lease the property for limited use to the highest responsible bidder. DISCUSSION: The subject parcel (please see attached exhibit) was acquired March 5, 1959, and contains approximately 1170 square feet. It is triangular in shape and was residual fram'the acquisition of property for the access road to the Newport Island Bridge. It was leased on October 10, 1964, for ten years to Mr. & Mrs. Vernon E. Schauppner of 3714 Park Lane (Lots 7 and 8) as a private off-street parking lot for $12.50 per month. The lessees were not permitted to construct any improvements on the property except paving and landscaping. Maintenance was a lessee responsibility. Mr. & Mrs. Schauppner have now sold their Park Lane property to Mr. H. Burdell Mathis. The lease with the Schauppners provided as follows at Section 10: "Nonassi nabilt it Lessee shall not assign this lease or any interest erein without the prior written approval of lessor. Should lessee sell and convey said Lots 7 and 8 this lease l'_t_hereu on terminate unless lessor consents to the assignment of t e lease to the successor of lessee . . Such consent shall lie entirely within the discretion of lessor." (Emphasis supplied) Public Interest in the Parcel. Although two small public beach areas adjacent to the entrance to ewport Island are nearby, there does not appear to be any Page - 2 - prospective public use for this parcel due to its limits and irregular size and lack of adjacency to other publicly owned lands. The Parks, Beaches and Recreation Director believes that the City would incur an unjustified maintenance obligation if the parcel was converted to a land- scaped public area. Sale or Lease of Parcel. If the City Council determines that the property Fa- no present or future potential public use, it should be returned to private ownership. Since the parcel by itself is too small to constitute a legal building site under present law, it -is assumed that only the adjacent property owner can justify offering fair market value for the property. The property should be offered for sale subject to a condition that no structures can be erected unless the land is consolidated with the adjacent "R-2" lot. If the City Council believes that the property may have some future public use, it could be leased. Mr. Mathis has requested to lease the parcel (please see attached letter). If it should be leased, the following specifications are recommended: 1. Lease term to be five years subject to termination by the City or lessee without cause upon 30 days written notice; 2. No structures or improvements other than landscaping to be erected on the property; 3. Care and maintenance to be the responsibility of lessee; 4. Minimum monthly rental of $45.00, CONCLUSION: The subject parcel appears to be of questionable value to retain in public ownership. It should, therefore, be sold or leased to provide at least some more realistic income return to the City.XPIL-', "RTL RLW:PFB:cs Attachments Ma/,QCGGf nl RAVO R14v4 R AL TO 9 I i 1g 7 a es :! PMRA" 38TN ST.i?4FT f34.QAr K W h� C/TY OMMW A3ea04E�PTY " AT m wS% ! L AKE o4YE. eZvo PUBLIC WORK! DIRECTOR R.E. NO. — DRAWING NO. 77 0 0 March 26, 1?73 Mr. Robert L. Wynn, City Manager �*`� � 3300 Newport Blvd., ((MAR Newport Beach Cali£.'q 19%30- SUBJECT: Parkins Lot at - 38S�eet and Lake Avenue ACH IF. r;Ij Dear Mr. Wynn: 1N'� I have recently purchased the home of Vernon Schauppner located at 3714 Park Lane. Mr. Schauppner had a lease for the City -owned property located at 38th Street and Lake Avenue for a private parking lot. I understand the lease terminated with the sale of the property. The lot is immediately across the narrow alley from my garages which are a part of the building. Mr. Schauppner had the lot graded and blacktopped. I beg of you let this lot be used for parking as in the past - either as a private parking lot on lease or for public parking. I would be happy to lease it direct or get two of my neighbors to share it with me one is the lady with the bad heart. Another reanon•for letting this stay as a parking lot is that it has room for four cars with ease. Mr. Schauppner said they have had as many as six cars on it at one time. With the shortage of parking space in this area, this parking lot is badly needed. Three duplexes are being built next to me and many more in this area. Parking space is getting more acute every day. I thank you Mr. Wynn, for your consideration. 3714 Park Lane Newport Beach,Calif. 92660 Sincerely, H. B. Mathis 1] Hr. Robert L. Flynn, City Manager 3300 Newport Blvd., Newport Beach, Calif. lia.rcr 26, 1c73 � v� •1 IAR SUBJECT: Parkin gLot at S8 treet and Lake _ Avenue ,L+ CIILIE. Dear Mr. Wynn: �� i:� �V I have recently purchased the home of Vernon Schauppner located at 3714 Park Lane. Mr. Schauppner had a lease for the City -owned property located at 38th Street and Lake Avenue for a private parking lot. I understand the lease terminated with the sale of the property. The lot is immediately across the narrow alley from my garages which -are a part,of the building. Mr. Schauppner had the lot graded and blacktopped. I beg of you let this lot be used for parking as in the past - either as a private parking lot on lease or for public parking. I would be happy to lease it direct or get two of my neighbors to share it with me one is the lady with the bad heart. Another reason:,for letting this stay as a parking lot is that it has room for four cars with ease. Air. Schauppner said they have had as many as six cars on it at one time. 1111th the shortage of parking space in this area, this parking lot is badly needed.' Three duplexes are being built next to me and many more in this area. Parking space is getting more acute every day. I thank you Mr. Wynn, for your consideration. Sincerely, H. B. Mathis 3714 Park Lane Newport Beach,Calif. 92660 R; CBlO1 CITY OF NGWPORT aeACH 72-73 PARCCLS 7-03-72• ! -- C&A - - AP A - - LAND - -3LDG UTH IMP TREES LANDIIMPS H9EriLD UTH PeR EXEilP? Itiv VAL f 37-OOL �i5-2:1}-UI. CONT. - - RIVER 5`r'CiIOlJ LI?YATri$NG POOL tr5'2i1-:(F2 ROCHcs LOLA-t------- 3 $hNA A Ajli -- -- SKHAPA PAU LaT MC NWCf U ANEYN4tL'Y�i�--- —1 ftT 12 3LK 44500 118fk-- - - 7CZ8L'• 9Ysp , ram• -------------- ----- --------------- Q7-fiGl 0�5-251-1?3 STATIAa DONNA L 3701 LAKE AVE NEWPU T SCACH* CAL 92o6ll P UVER SECTION LOT 11 SLK I37 SYLY112 A14D SeLYIi2 LUT 12 BU( 137 W500 3710 i0210 Z968D r'�^ } -fJUi D=251-�1 -PIK s pNiLIP i — F fl-P�Rif IN -- ,`jk(lP�,T 3EACH, CAL. 97:60 --- - -- - - - --- - - R1VEit 3�5G SZG----- --- _-r--___._--�i3?t}'-b5bQ • - - ---� 72i 17-GL}I 04D-251-08 REYESY HILAA E lllaQ W 9TH ST POKUNA, CAL 917b6 RIVER SECTION LOT 2 84K 137 35" 81t} 4360 Oi=GJI r5=2�a2-Da i f! D4UISit I eCcT ii -- 37LS4 PACK 6Pd----- — tdE:IPbPT !.3EACiT,: CAL 9'b6ri 5_E_('rj_0W OT Y BLiC 1 ----- - --- - -_ -- ---.._------- - 375D 94Z1 k•�9c'3-`7$�>~ _._...__.___--- ----- - I4EI PALM SP-MNGSr CAL 921.::2 'b8v a3EG ..Y 90 Ton Ra�q� '� 40 erM1'CI� P1�A C,MTN mESA to W54-5-6 "PMOGM& 0) AWO 990-041 L E.. r r 't111, iC IT Y +1'r Po_tlFGkT -3EACH 72-73 PARCELS _ -03-72 —_ CLf1 ALAWD BLUG OTH LMP TREES LANG/IMP•5 HSEHLD EM4 PEP-, 7 I-G I-QE CONT. — ^1Vcs iECTIF-N ;.UT 3 ULK 13'* ___---- i11; 5 Q. JJ� -426n 1 vvOf) EXEMPT IMV VAL INV EXMP S HAUPP+,Er:, VFf'%N(M C 3714 PARK LA - - i3�t�P(Ft27- BE4�iip—CdL 926�C- - RIVEit ;rCTiON LOT 8 6Lr 137CA(ID �r r. c 5CHAU'PPNG;;p WILLIAM L RIVER S=.Cl ION LOT r, -BLK 137(AND S£LY112 LQT 7 BLK 0 4: n Eh713 27600 12 3U0:4Lt., _D-1T14 L a"IVri- '3'ECPaGFs L:fr-7-BLK-11 -3E�Y3I2-A5t� �Z[Y�/2 aai."x 313'a ------9b3TJ G�Q�iCj e• 2=1-13 C'TY OF h;';WP0AT !LEACH CITY HALL E IVF- ,CCTIItN L-DT 9 BLK 137 ALL -EX SELYI/2- AIM ,a12 39TH ST 1$7 PAGE # 192 NET - -- - - -12 5-i 6---- — — NEWP(ORT BEACH, CAL 925b0 NEUPi7R'# REACH,# CAL 92b6D ALL -LX SELYI/2 L OT 10 $LK 137 Eb5C 23:t2 AVt';EL ST APr -1�T. 155-AniGrt'eSs--CAi�-"90C39 . ' f A''^,B1CITY 3F td,:4/PORT REACH 72-13 ?ARC-ECSr-- 7-03-72 _^-----.�� _- - — —PAGE 0 275 CMA AP A AND 6LDG OTH IMP TREES LAUD/IMPS -HSEHLLi tlT)i PER FX -APi INV VAl 1P1V iX"1P NET CANAL SECT'1C)i LOT 3 P.LN, 236 ----.--..._____.--_----- ---- - -- -• _----- i Di-�JG1 3tiS-23[�-� PIiFNtr r:ULLAiro A (.lr) 39A-VVI5rA CANAL-- ti7-t,`1 !i_23•._{tR LAloROPr JUNE Er AL (MV) --834 K CATARACT -ST y - MNAL : F.CTIUM LOT 2. BLK 23c3 qUo 830 10050 6b4Lt 5AN DID)%Sr CAL 0177'3 9780 -----13U5V ' -- -- - 14D5L� 7 1G1 U55«33s-Crl HAtIM;p EDWARD w _-:- - k- Ef.n/tic 7-— - __ r ' CAN. AL-SCC1-10a-LjT 7-A(,K i4T 4-610 n7.�+, I r„g_23 •-r3 WIGHT.. JIiwi C IN(j)-------206 x - - -- CA14AL SECT ION LOT % SLK 1•iI 4tt,I'. . 202`. 663D _ ib1bl) NEWPORT SEA CAL 92660 750 588� 13m 20`1 if 2 . 2Mb S7 NFWAI riT 6F.AC 0 AS41.0101 CITY OF NnWl,'UkT BEACH 72-73 PARCELS 1w03-72 -- CrA AP LAND BLOG OTH IMP' TREES LA,NdliMP5 H5EHLq - £JTH PE- 0 EXEMPT 1NV UALIA{V PAGE t 182 - [X,}P P}Ei--- z� caraT. -;- - RIVER 3PC,ION LOT 17 GLK 138 `_—_ --- --- -- ---- - %_v.•1 �v.-43t3-its TAYLOk, JAMt.S t -- 157-71 UV51ff7z47 --- - -- - ---- — -- ::IVF R -;CCT jo; j----- 4}91} �31u KASPCR, ALcXANDER J {JT} - 1ts351 CUi BER4APen_RD_ ORANGE,- CAL 92W FIVER SECTION LOT 21 138 _, 1 ,-�'•l-±1 �ACtic?= WALT0 V JY (1C} - 3a1n MAntU � - - -- - _.. HEi;FU�--�I=AC€�, ;.'r5-236-36 6LACKETTP IIEL6L?.T J Y,IVER SPUMh Ulfr ALIC "138Y'FL-1�+�"�"i T!-7��(5itA7el?��CY��P7 �ECY �r5-FT-Li3T '� R'Ci -�45-; 3�-07 RAJLOIRP HE.LEN 821 ?•I BUNNY DR RIVER SrCTION LOT 2 3LK 138 z380 600 4980 4600 LDS ANGFLrS# CAL 9€ 049 ;' -C•1! 45-c3°-!I' HAr7KINS�, HARRISON - _4�I�M RdLA1 Si`----- 'AfPA ENAP CA L PIVEe S:CT, 10M LOT 23 t3LK 130 — -- '-- c•.. I 5,71v D!Fz-------- 0>75-238-11 YGR? Aft ED�.A G 19400 S A CYR3 Bi V0 CAL 92805 ----- _—__._ LIVER SEUTUN-L,07 22 BLK 138 - - -- —-------- H-t90 340---- a9e� 5330 L: ;,'1 C 5_2#F:-!'d iE.flETiv Jnr;E3 5"Et A# t"11Lt3S"�L'#"11!}a-1�—`—(R-C}Sfh1As U VER SFCT ION LOT 19 frLK 133 ---- t= u �r'� d ;a45-23A.-•14 KW)Q'UEJPAr R•ALPH I,lTI-- 213 38TH $T � tSFIIPpRT E3FACNt CAL 92q$0 -- r - UVER SgCTiI'rh4 LLIT 18 SLK 138 a90 - - 4930 —3520 - - ----- 14930 K•LFPPE., FIE:;.3F. T C 1a &L)CHEs LOLx, g - 3i}" SAI'AiA 9 14f:k SEC NDM LO7 TI SLI< 19 NRCY- f 2 5 r 1180 - - fi 1 .:YS-�:: j-•}3 ST,IT IAo 004NA L 3701 LAKE "i`dEi S"CTION LOT 11 SLK 117 SELY112 "1".) 3 10 -L 1 5-2i1-Cli PIXCs PHILIP L - - 3 ULT DARK RIVE? SECT 1GN L ijT 1 BLK 137 - WV -`-.---- --- — AHAi�A P�12R `_—__-__P7}Tii-aPIFiNG"�i CAS 32Z - - TRU- 14HLY17`4---WT— 1 - BLK 137 AVE N5wPG(£T 6CACtis CAL 92660 AN-D 5ELYI/2 _ 102I0-29@lll�r•. lir6Q LOT 12 BLK -1V T 750 —--------_ f1 T BE6�I�1 CALF tibt7 50 --- ---546Q---- _. —_ --- - �62 -- f - : t t:; -='• 1-+} % CY(5s HILOA E llr"a-W 9TH ST - ----- _ POMONAs CAI, 91766 --- - IVER SECTION LOT 2 BLK IV 3 �0 813 4360 6480 :':_., 1 .`•r:�_t•�1-CIo LfP:00UISir 6Oi:El�T ;1 37LI�'s PARK k.fid ---^-- id�l1Pi31� $�-ACHa ��i 423GC#—_------------ Lr, .. 1.14 .,yt i OLIS 137 355 941)-- ".'_1eGA;d. )X,Y (JT)- •------ 74`rf1 SANTA A14A AVM COSTA P?ESA: CAL 92626 — P I V.R SUf IUN LtlT 4 DLK 137 3 54 730 4280 5V,0 4 80 r (9 ) -C- 1 C',5-2._il-U$ Gr.11ilCH]I s JOHN E 0 AL T 26 >"SESSOR'S BLOCK & RCEL NUMBERS OWN /N CIRCLES 4•23 60' ®o t W 2 B h zs.s ze.sa' 30' AVENUE a� N M ' h . N BOULEVARD i ASSESSOR'S MAP ! I BOOK 45 PAGE 23 COUNTY OF ORANGE u 46 - 04 THE RIVO ALTO i 30, 0 W o to RIVER AVE a LAKE" 30' w M M Sol o Rl ER m /0 // 9 /P B shad 6 5 3 P/ °nCO, i If) (Q j��,4 07 r, O O 2 s' BALSOA MARCH 1949 RIVER SECT/ON MARCH 1972 LAKE TRAGT 8 ,A m Mas m IJ6Gs n 25' I 0 �c,��: i•=moo RIVER AVE N �4i- 0 4 THE R/VO p— LAKE' 30, w C h ALTO / o• pI i Sp. 4 % ER m /o // 37.76' o 4 65 P/ °n o zoo- 1 N l ' BALBOA lilA"rH 1949 RIVER SECT/O/Y M.M. 4-25 MARCH /965-66- 67 LAKE TRACT UM MARCH 1968 rIn I v CITY OF NEWPORT BEACH CALIFORNIA City Hall SM W. Newport Blvd. Area Code 714 67&2110 August 12, 1964 Mr. and Mrs. Vernon E. Schauppner 3714 Park Lane Newport Beach, California Dear Mr. and Mrs. Schauppner: In accordance with Resolution No. 6015, adopted by the Council of the City of Newport Beach on August 10, 1964, a lease has been executed between the City.of Newport Beach and you, an executed copy of which is attached hereto. The lease is a teri year lease for the City -owned property located at 38th Street and Lake Avenue for a private parking lot. MS:dg Encl. cc: City Attorney Very truly yours, Margery ScArouder City Clerk City of Newport Beach ti !I , 71��11�:,!�,!s 1 LEASE 2 .- 3 THIS LEASE, made and entered into this Jt3' &.Ay of 4 August, 1964, between the CITY OF E1LWORT BEACH, a municipal corpora 5 tion, hereinafter referred to as P1Lessor", and VEum E. SCHAWi'M 6 and RUTH A. SCHAUPPNER, husband and wife, 3714 Park.Lnne, Newport 7 Beach, California, hereinafter referred to as "Lessee"; 8 WHEREAS, lessor is the miner of the hereinafter described 9 real property; and 10 WBLRUS, lessee owns the northwesterly one-half of Lot 7 11 and Lot 8 in Block 137, River Section, of Newport Beach; and 12 WHEREAS, lessee desires to lease, improve and use the 13 -hereinafter described real property owned by lessor as hereinafter 14 'provided in this lease; and 15 WHEREAS, the lease of said property by lessee is agreeable 16 with lessor under the terms and conditions hereinafter provided; 17 NOW, THEREFORE, the parties agree as follows: 18 1, Descrintion. Lessor leases to lessee the following 19 described real property in the City of Newport Beach, County of 20 Orange, State of California: 21 A portion of Lots 9 and 10, Block 137, River Section; as shown on a Map thereof, recorded in Book 4, page 22 25 of Miscellaneous Maps Records of Orange County, California, described follows: more Particularly as 23 Beginning at the Southerly corner of the Northwest 24 sae -half of said Lot 9.-. thence North 37' 131 30" West, along the Southwesterly line of said Northwest ono•half 25 of Lot 9, 37.76 feet; thence North 52' 460 30" East, 5.00 feat; thence North 86' 330 50" East 58,49 feet 26 to the beginning of a curve, concave Southwesterly, having'a radius of 15.00 feet; thence Easterly along 27 said curve through an angle of 260 001 36" a distance in 28 of 6 8 feet to a point the Southeasterly line of the Northwest one-half of said Lot 10, said point being South 52' 46' 30" West, 1,99 feet, from the Easterlyy 29 corner of the said Northwest one-half of said Lot 10; thence South 52' 46' 30" West along the Southeasterly 30 line of the, Northwest one-half of Lots 10 and 90 a distance of 58.01 feet to the Point of Beginning; 31 EXCEPTING AND RESERVING unto lessor the right to 32 -,dedicate and improve for alley purposes the south- westerly five (5) feat of said property. • 0 1 21 3' 4 5I 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20I 211 22 23 24 25 26 27 28 29 30 31 32 2.' Term. This lease shall begin on thca data hereof and shall be for a tern: of ton (10) years. 3. Consideration. In consideration of this lease, lessee shall pay to lessor the scan of Fifteen hundred Dollars ($1500) as rent. Said sum is payable as follows: One hundred fift3 dollars ($150) upon execution of this lease and one hundred fifty dollars ($150) at the beginning of each succeeding year of the term hereof. Upon default in the .payment of any installment of rant which continues for thirty (30) days, the remainder of said rent shall immediately become due and payable. 4. Use. Lease* shall use said property only for private parking purposes in conjunction with lasses's residence on said Lots 7 and 8 in said Block 137. The use of said property for parking purposes does not relieve lessee from the obligation of providing parking for the use now or hereafter established on said Lots 7 and 8. 5. Access to Streets. Lessee shall have aecass'to the alley adjoining said property on the southwest at a location or locations approved by the Public Works Director of lessor. Lessee shall have no access to 38th Street from said property. 6. Taxes. Lessee shall pay all taxes and assessments, if any, on said property during the term.of this'loase. 7. Improvements. No improvements shall be constructed on said property except lessee shall grade said property and paw the same with asphaltic concrete surface. Lessee may also place' and maintain landscaping on said property. No improvements other than surfacing shall be placed on the southwesterly five (5) feet of said property and said five (5) foot shall be kept open and' unobstructed. Lessee shall not park vehicles on said five (5) feet or permit vehicles to be parked thereon. All improvements shall be constructed and maintained to the satisfaction of lessor. 8. Care and Maintenance. Lease* shall maintain said 2. ei 7777 0 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 prop'arty is a clean condition and shall remove all papers, dens, 2 bottles, and other debris which may accumulate thereon. 3I 9. Compliance with Laws Lessen shall comply with all 4-1 laws and ordinances applicable to the use and occupancy of said 5 Property during the term hereof. 10. Nssignability. Lessee shall not assign this t lease or any interest therein without the prior written approval of 3 lessor. Should lessee sell and:convay said Lots 7 and 81 this lease shalt thereupon terminate unless lessor consents to the assignment of this lease to the successor of lessee in•the ownerm ship of said Lots 7 and 8. Such consent shall lie entirely within the discretion of lessor. IN WITNESS WHEREOF$ the parties have ftecuted this agree• ment as of the day and year first above written. CITY OF N_ EWPOR " BEACH' 'By ,--� mayor Attest: ty er LISSO$ ; VERI�ON , LESSii - I 0 0 CITY OF NEWPORT BEACH CALIFORNIA city Ran 3300 W. Newport Blvd. Area Code 714 673.2110 August 12, 1964 Mr. and Mrs. Vernon E. Schauppner 3714 Park Lane Newport Beach, California Dear Mr. and Mrs. Schauppner: in accordance with Resolution No. 6015, adopted by.the Council of the City of Newport Beach on August 10, 1964, a lease has been executed between the City -of Newport Beach and you, an executed copy of which is attached hereto. The lease is a ten year lease for the City -owned property located at 38th Street and Lake Avenue for a private parking lot. MS:dg Encl. cc: City Attorney Very truly yours, 11_ ' & "e-k, Margery SArouder City Clerk City of Newport Beach 4 El (8) 0 LEASE 2 3 THIS LEASE, made and entered into this ,6 day of 4 August, 1964, between the CITY OF IMPORT BEACH, a municipal corpora 5 tion, hereinafter referred to as "Lessor", and VMR VE. SCHAUPPNM 6 and RUTH A. SCHAUPPNER, husband and wife, 3714 Park Lane, Newport 7 Beach, California, hereinafter referred to as "Lessee"; 8 WHEREAS, lessor is the owner of the hereinafter described 9 real property; and 10 WHEREAS, leases owns the northwesterly one*half of Lot 7 11 and Lot 8 in Block 137, River Section, of Newport Beach; and, 12 WHEREAS, lasses desires to lease, improve and use the 13 hereinafter described real property owed by lessor as hereinafter 14 provided in this lease; and 15 WHEREAS, the lease of said property by lasses is agreeable 16 with lessor under the terms and conditions hereinafter provided; 17 NOW, THEREFORE, the parties agave as follows: 18 1, Description. Lessor leases to leases the following 19 described real property in the City of Newport Beach, County of 20110range, State, of California: 21 22 23 24 25 26 27 28 29 3'0 31 A portion of Lots 9 and 10, Block 137, River Section;. as shown on a Map thereof, recorded in Book 4, page 25 of Miscellaneous Maps Records of Orange -County, California, more particuVarly described as fellows:" Beginning at the Southerly corner of the Northwest ons"half of said Lot 9;• thence North 37''131- 30" West, along the Southwesterly line of said Northwest one-half of Lot 9, 37.76 feet; thence North 52' 40 30" East, 5.00 feet; thence North 86° 530 50" East 58.49 feat to the beginning of a curve, concave Soui6e0eterl , having a radius of 15.00 fast; thence Easterly along said curve through an an$le of 260 000 36" a distance of 6,81 feet to a point in the Southeasterly line of the Northwest one-half of said Lot 10, said point being South 52° 46' 30" West, 1.99 feat from the Easterly corner of the said Northwest one-Lalf of said Lot 10;,,' thence South 520 461 30" West along the Southeasterly line of the Northwest one-half of Lots 10 and 9, a distance of 58.01 feet to the Point of Beginning; 32 EXCEPTING AND RESERVING unto lessor the right to dedicate and improve for alley purposes the south- itesterly five (5) feet of said property. u ! 6 1 2 3 4 5 6 7 8 9. 10!, 11l' 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. Torm. This lease shall begin on the data heraofc and shall be for a term of ten (10) years. 3. Consideration. In consideration of this leases lessee shall pay to lessor the sum of Fifteen Hundred Dollars ($1500) as rent. Said sum is payable as follows; One hundred fif dollars ($150) upon execution of this lease and one hundred fifty dollars ($150) at the beginning of each succeeding year of the term hereof. Upon default in the payment of any installment of rent which continues for thirty (30) days, the remainder of said rent shall immediately become due and payable. 4. Use. Lasses shall use said property only for private parking purposes in conjunction with lessee's residence on said Lots 7 and 8 in said Block 137. The use of said property for parking purposes does not relieve lessee from the obligation of providing parking for the use now or hereafter established on said Lots 7 and 8. 5. Access to Streets. Lessee shall have access to the .alley adjoining said property on the southwest at a location or. ' locations approved by the Public Works Director of lessor. Lessee shall have no access to 38th Street from said property. 6. Taxes. Lesser shall, pay all taxes and assesssuots, if any, on said property during the term: of this lasso. 7. Improvements. No improvements shall be constructed on said property except lessee shall grade'said property and paw the same with asphaltic concrete surface. 'Lasses may also place and maintain Landscaping on said property. No improvements other than surfacing shall be placed on the southwesterly rive (3) feet of said property and said five (5) feet shall be kept open and` unobstructed. Losses shall not park vehicles on said five (5) feat or permit vehicles to be parked thereon. All Imp ro romsnts shall be constructed and maintained to the satisfaction of lessor. 8. Care and Maintenance. Lessee shall maintain said 20 41 J V 17 1� 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ]. pFopert, In's clean condition and shall remove all papars, cons, 2 bottles, and other debris which may accumulate thereon. 3 9. Camlias�es a�it_ws. Lessee shall comply with all 4 laws and ordinances applicable to the use and occupancy of said 5 property during the term hereof. 5 109 Nonassi,aability, Losses shall not assign this r lease or any interest therein without the prior written approval of 3 lessor, Should lessee sell and convey said Lots 7 and 8, this lease shall thereupon terminate unless lessor consents to the assignment of this lease to the successor of lessee in the owner- ship of said Lots 7 and 8. Such consent shall lie entirely within the discretion of lessor. IN WITNESS WHEREOF, the parties have executed this agree_ Went as of the day and year first above written. CITY OF BEACH Attest: �h( ty C er LBSSM VER130N, , zly LESSBB 3. IIl