Loading...
HomeMy WebLinkAbout90-153WHEREAS, Government Code Section 25526.5 authorizes the County of Butte to sell property having a value of less than $10,000; and WHEREAS, it has been determined that the property identified as AP 06-37-9 has a value of less than $10,000; and WHEREAS, Land's End Real Estate, Inc. has submitted an offer of $9,000, plus $300 in reimbursable cost to the County of Butte which was accepted at their meeting of February 27, 1990. NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Butte County Board of Supervisors is authorized to sign the attached Agreement for Sale and Deed conveying the subject property to Land's End 12ea1 Estate, Inc. PASSED AND ADOPTED by the Butte County Board of Supervisors this 6th day of November,. 1990 by the following vote: AYES: Supervisors McIntarf> Dolan, Fulton and Chairman ~icl.augh7in NOES: None ABSENT: Supervisor Vercruse NOT VOTING: None ED MC LAUGHLIN, Chairman Board of Superv sors ATTEST: WILLIAM H. RAN LPH, Chief Administrative Officer and lerk of Board of the Supervisors By RESOLUTION APPROVING SALE OF' REAL PROPERTY AP 06-87-9 LOCATED ON THE WEST SIDE OF ESPLANADE, BETWEEN HENSHAW AND LASSEN AVENUES, CHICO i r,'j ~ , .3 3 . ~ r :~- Itt?COlIn1N0 #tt•KiTlD /Y 1" °' ,:,v ~ r't,~ ~. 13~VELti RZ'II.iE & ESQ~+I fb, i ~! •,~~C ~l . - d~ } ORDER. +5- -S., ~ r`~,;~ ~,• ~ ~ ~ J ~"'~ ~ ~ ~`:i r fir! a . f. 3 ~ {~~~~ "~ ;~ . z_~sisa5 -r~r . ~~f~'~ ~ ~t~ro rrt+att necoRDm EuR. to ..4~ '~~ . ,;~. ~. ::,~• r-. ,r~' "~"' Leuxi's Fwd Read. Estate ,~ ~: , . •. ~; t`~"' , ~ ,~ ~" 5 Goveittors Lute Suite B i n~~. F Chico CA 95926. 90-034094 i Rec Fee 7.00 Vie=, ~':. L:= ~., i nac Q. so ' '~" ,~-~. - J Recorded i Clteck 16.90 ' . }~ ~ +' ., 0lfioisil Reccrda i ;'~,~~ , . ` ':;~ ~ trAn.r~xetatF.stENtaTO Count of i £ Y ,~: ~~ ~ ,: >. r ~ ~ Butte i ~ ,~. i N""a : ~" ~ Candace J. Grubbs i -'~} '' ~~~ y ~'.. $A~ A5 ~,BWE Recorder i ~`Y,~:~',,, ~. 8sO0am 20-Deo-90 1 CA 2 ' ~r~ 7 4d' ~ i ,,. SPACE ABDVE THIS LINE FOA f3ECQADER'8 USE ~,~, • ~~ ~. oas 3~o-oos ~. Individual Grant Deed ~ r TkRt; FORM FURNISHED BY BlDWEIL 7it'i.E 8 ESCROW COMPANY ~~-r~, * ~ .~` ~~ ' The undersigned grantor(s) dedare(s): p,~ `~`'' `~~ Dacumentsry transfer tax is S' 9.90 i- .. ~t ,T,"rg • " `~.~~ n~ , ~ { x) 'computed on feiEl value of pxopcrty conveys , or. :: , j,; c S ( `~:,) ~, computed on full'value less value of liens and enclsmbrances remaining at tithe of sale. '. .~ , (:x) Umncoxporated area: (' ") City of ~ y utd `~~ ~ ,' ~,~ ' ~r~ 1 FOR Ar VALVABtE~CON5IDERAI'IdN, receipt of which is hereby acknowledged, -~~. r * 'ft y - '- .ttiS~ Y 4 r r" '~ sa 4 E .- .. ~~~Y' v A~Sl, , '.ht:rCl~ l=RL1~(.])~ta yy~y~/~S ~4'W iV~;rtY! ! ~^~~- ~ ~' i'~, ~'_ ~) ~ ~ ,~ ~ { FbTATE, ]PIC s ° si t ~ ~ ~ ti " .::'At. ~~~ 5 ~` F,3( ..-r fas -~-, .; kyi~~Jtri~r rye `~ -- c ~~. P~E'i a~ ~at r~7st". ti: ,k~:t ~~~,, ~, r ~ the following described real property m~the - `,r,`~ t ~''vs~l1~ ,~ f r, :.y~~r -~ r~. ~ ~~~~ ~ County of ~ butte ~, State of California ~~ `' ~r t F ti 1 1 n ii~~ ~ft E [13, rt r~ ~}.. °r~ } 5 ,. t __ `~ S , 14i - ,r r~~ r. ;~~+xk ~ X r 1 ~~ -~ i r 7 , -~i i~ 1 iaf'vrL 7`S~}'°~ Ssv'r ~ ~i~+ i3 a~° ^i`,S^~., ~ ~F~ ~ r,~ ~' h~'i}rfrl } i ' ~ '~ :_ . ";- -._ '~"-~ ~"~' ~. 5. ~ ~ n 1 w'7C i~! ~}f' ~s ~~.t ~r P7"~ywh- '; ,,{r ~ I ~ '; ~,~ SEE'Ii~ AZ`I`A~iEI} SCfI1~QLE C FL71t LFX-JSY,~AESCRYY'Z'I~1 _ Si,~'r.>,y ~~, ~ *~~,,1 Y}~,±}" t Y~.^'sL 7~Ix'"' r 3'`' _ ~ - ~~ ig ~~'yJ °~~Fy' .r~ .Il~,i y ° ,~ ~~ 5N ! "~' r~y f, ~ j.~ "'} x^u t~°' ~4 A ~t~ 4 '~~y J ~`y~~ ~.' ~t ..~;~ n ~ ~f~>rt. r -' f a}~J~r~a }: rtikf. ~' "r.tyl~h~iJ t~~"y~ a ;. ~v ~ C? ~r~hFi;Sf f ~i ~ -i- ~~ ~ 'tl i ~ _r ~u'C ha", i~~Y "'~ - k4+. _ l C A s r s t r ti~ r s <' . ,$'j r S}C. p ~Y ~ f`iL ~~ ~.Sa' ~.I~r~~~~, S r-r~ E ~ r ? ','h r ~ro~"it~ -,~.~C; 1 i "~~ +~rfw a ' ~: 3 ~ 4 _ . _ya~ - - - if .., Lr .f - ~ ~ ~' Dared ~ C ` ~ ~` A . ' - - : ~ K e . r a" .. STATE OF CALIFORNIA ~~lY Of Butte Chairman~$oard 0 ~ ; •.> SuDervisora ~ .1 ~ ~ ~ tii. `'~'~~, COO OF Butte ~ , ~ ' ~ .% ~ On camber 11 1990 ef re me h d - ~ '~+ ~ '~" ~ '' r s , t e un c cd, a Naury 8ub[ic in a or laid Snte, ~ t; ' b ~' t ;~ ~~ personalty appears E cL u ' , . v~'~~ " ,; ~ ~u re stn dv ~r~~1} ?~l~i~r ~ :~. - . personally known to me or tome Dn the buffs of tat- Isfacto e ld b ~'~~' ' ~ t; ' ~ ` " ~ F' "?~' i°~ ry v enec to et person- hox name subscribed to the in Instrument d aeknowled cd h h 8 OFI:ICIAL SEAL ~ ` • ~*° r ~ ,r ~~'''~~}w ~„{,~7'~'~ ` •- '; }~~'• ~. t at " ex cdrhesama WITNESS my nd and officta[ a `~'R~ ~'~~ m NOTARY PUBLIC - CAtIfORNIA , "h.~~~~a"w ~' :j ' >' ~ " ; • ` •" ,.k „ - EU1TE COUNTY +, ~ .. ; ,w . ~ • } •. 1 ~. ;~ ,~' $1~11atuK ~! e7rtfRL axpicas AITO 3'i,1991 ;~ ~~.` 3 j }Lr~~~ye". fi ~ i'i~ IthA area for olRclal notarial seat? ,~~ i~'~` '~',`~`r"~ `~: . ~~~~~ I '~'~ roRU,srs+tEtwsa~aorrool JHA1L TAX 5TATEMENTS AS DIRECTED ABOYE ~~~~~t tra. ., . . ~4:6.+r r~. ;k:.: f Y ~s r .~ . ' ,ti: t~`~ i ri, :' y ~ !' v 4 ~~ ;.fV l "1' 1 s ~ Paula c ' 90'5# 080 ..~ ~: ~~ The land referred to herein is described as follows: ~ ~~ ~'~ 7~ , ~ fj ~ ~r s'r All th8t Certgin rag], P~.h' a3itvataa 3!1 the CpLVa . .California, deecr~,bed as foliawa: tY of Hutbe State of .A poartiar~ of Lets 15 end 16 a# the ltrens Tract 4 ,i1 , , ~ ethereof as filed •NOVettlbe>:• 16, 1894, iri Bolds 3 of ~~ b7 initha Offpicg !~ '•~ follows of the Colmty of Butts Brad ~ early described as . r t ~~•~J at the intersectiars Point of the eouttx,~egttrlY bp~~daxy o£ Higtisray 99E, fgarnerly kraotan as Shasta Road, egad thg sauthaastex~l ~atsriy one-half of said Lot lb, said in 1' y line of thQ: . .. at: a distaraoa of 330 feet more oa~ less fxtam tha~ mint bears N 37'. 30' W ... i , .161, theraor3 S 52•.- 3p' W~. along tl~e sau~ly bauY]asY of the ~~ Y Lot .one-ha3.f of said lots 15 and 16, a distance of 680,00 feet mors ar iess to a y `~ , .' Line that is 20.00 feet scuthwesterly fran arld houax7azy of said Lot 161 th2raog S 37. 30' 8 ~ parallel with, -the :. feet/ theare N 52. 30' E, a d~.stat'aoa of 680.0 fe~c~:t mar~alor less to~I~ . saortYaeastea-ly ;;r ~ 1 boun3a~r of said I4t 16; them N 39. 30' W : ": .,'i r ~,~ r d3ist8race of _ 20 00 feet more or less to the point of begiavtirg~~ ~ r1'• a r ~, ,: ~, 'T~: ~~~~1~,,,>r-'17~e CaaCatjr pf' Hijtte ,. .: .~, ;- >:- {; ~ t,5{ ~~, ~.e ~~ ~Y reserves a naratclusiva peipetusl.~`easement ovez'ttae '1, °~a ` n ;~' aP i ~' with the right of ingrlass Arad -; ~~,~ ,. ,. eY~, installing, mainta3ntxac3 ,'~,"~~~ xr~+~~ f Hotta will ~l~ ~' Wither witt~appux-bA~q thereof ,•.. ~ ~,,~1r~,,b0 the BLx.IVa ~~ ~ ~ ~ ~~ ~ 't1', should thae Stan ~' tents ilede . ,>', "~i.;specified in that certain tY exeirise these rights as:, ,;`. ~~''"~',~`K`~~.'r.'~ Cow7ty of Hotta ss ~an89'r>~nt for~tl~e sale of real property executed ~7~~~i,¢ tf ~~ Novea~ 6., 1990.*{'la • ,~o ~ Larsd s Y~'ad Rea]. Estate. 7nC, a8 Grantaaa, hJl % Y t~, t Ali ~ } e -•- ACKNOWLEDGMENT EXECUTED BY A PUSLIC CORPORAfiION BSrf'I~Y. OR POLITICAL SUBDIVISION (Civil Code Section 1191? ~,'} - ~~~~... ~~~~~~`~ ,'~+~~, ~ •,.I ~ .• a ~~: ~;yf 7 y~~' , i STATE OF CALIFORNIA) ) ss. COUNTY OF 9UTTE ) On this 11th day of Decembez~, 1990, before ma personally appeared Ed McLaughlin, personally known to me to bs the person who executed this instrument as Chairman, County of Butts and acknowledged to me that he executed said instrument on behai! o~ e t of Hutte.'_ pFFICIAL SSAL CAROL ROACH ' • ROTARY PUBLIC -CALIFORNIA °~ CO~~ Carol Roac , Notar publ c Np Q~ pO~CUMENT iih ~ u. prpln~ AUO 7. 1942 Y ~ ;' ' _ ,'k ~7`,: ,,: ~,ja`: t ~: f+ ., r ~~ ~, ,, ti . c~ti~: ti~:~, x" ~ 4 1_~ M :~; . ~iy ~a>.~" ~. ~ ; ~~ Lr ~~~~_ ': ~: s. ~I\' a1.....' _~, ,,~.. -- BIDWELL TITLE & ESCROW L,' 500 Wail Street Chico, CA 9592$ SELLERS ESTIMATED SETTLEMENT STATEMENT Seller: County of Butte Buyer: Land's End Real Estate Property Address: Order Number: 2-157.805 -LMN Debits Credits Sales Price.. ............................. 9,000.00 Reimburse for costs ............................. 300.00 Sub-totals 0.00 9,300.00 Balance due to Seller ESTIMATED 9,300.00 Totals 9,300.00 9,300.00 Approved by: G County of Butte pFC i ~ 190 AGREEMENT FOR SALE COUNTY OF HUTTE SURPLUS REAL PROPERTY TO LAND'S END REAL ESTATE, INC. This agreement entered in this 6'~=:_th day of November, 1990 by and between the County of Butte, a political subdivision of the State of California and Land's End Real Estate, Inc,, a California corporation. WHEREAS, the County of Butte awns that certain real property in Chicn identified as AP OsS-37-9; and WHEREA5, the County of Butte has determined that the real property, excepting therefrom a drainage easement, is surplus to the needs of the County. Further, Land's Ertd Real Estate, Inc. is desirous of purchasing the subject praperty from the County, subject to said drainage easement to be reserved by the County. W I T N E S S I T H The parties to this agreement hereby agree as foilowsa 1, The County of Butte hereby agrees to sell and Land's End Real Estate, Inc. agrees to buy that certain praperty in Chicn identified as AP Ob-S7-9, and mare particularly described in Exhibit "A" attached hereto and incorporated herein by reference for the sum of nine thousand doiiars 09,000), plus ether incidental costs of three hundred doiiars 0300), excepting therefrom a perpetual drainage easement, as described in said Exhibit "A". B. The County of Hutte reservras said nonexclusive perpetual easement over the property with the right of ingress and egress, for the purppse of laying, installing, maintaining, repairing, protecting, and replacing underground storm drain facilities, together with appurtenances thereof. 3. The Caunty of Butte will not be responsible far damage to arty improvements an the property which may result Pram the County's exercise of its rights in connectinrt with said easement. 4. Land's End Real Estate, Inc. hereby agrees to purchase the property from the •County of Butte subject to the restrictions Hated herein and to accept responsibility for any such damages. COUNTY OF HUTTE ~~~, ~Y? c Gov a ~ t~~~ EDWARD C. MC LAUGH N, Chairsrran DATED Butte County Board of Supervisors -~- i_AND'5 REA E, INC. - -------------- ~ ~ Z ~ ~~d ___ RICHARD CDL T DA ED 04~~? A~ TO ~O[~A Butte County Cou~1~1 ' ~': ~ '~< `a/~~~~~ "EXHIBIT "A" BUTTE COUNTY TO LAND'S END REAL ESTATE, INC, A California Corporation The following described real property situate in the County of Butte, State of California, and described as follows; . A portion of Lots l5 and 16 of the Evans Tract according to the Official Map thereof as filed November 16, 1$94, in Book 3 of Maps at Page 67 in the Office of the Recorder of the County of Butte and more particularly described as follows: Beginning at the intersection point of the southwesterly boundary of Highway 99E, formerly known as Shasta Road, and the southwesterly boundary line of the northwesterly one-half of said Lot J.6, said intersection point bears North 37°30' West at a distance of 330 feet more ar less from the most easterly corner of said Lot 16; thence South 52°30' West along the southeasterly .baunday of the northwesterly one-half of said Lots l5 and lb, a distance of 680.00 feet more or less to a line that is 20.00 feet southwesterly from and parallel with the southwesterly boundary of said Lot 16; thence South 37°30' East along said line a distance of 20.00 feet; thence North ~2°30` East, a distance of 680.00 feet more or less to the northeasterly boundary•of said Lot 16; thence North 37°30' West along said boundary a distance of 20.00 feet more or less to the point of beginning. The County of Butte hereby reserves a nonexclusive perpetual easement over the above described property with the right of ingress and egress, for the purpose of laying, installing, maintaining, repairing, protecting, and replacing underground storm drain facilities, together with appurtenances thereof. The County of Butte wi11 not be responsible for damage to any improvements made to the above described property, should the County exercise these rights as specified in that certain agreement far the sale of real property executed by the County of Butte as Grantor and Land's End Real Estate, inc. as Grantee, dated November 6, 1990. BidvveIl ~~~~f ,, W I Stn'IrtR rhr nnnh smrt nnct 1919 Vern E. llrane C'nuni~~ Manaecr Authorized Agent for Ticor Titic Insurance Company of California Dec~lEber 4, 1990 County of Butte Administration Center 25 County Center Drive Oroville CA 95965- Attn: Mike PyeattlGeneral Services Administrator Escrav No: 2-151805 -LMN For the efficient handling of your escrow, we are enclosing the follcx~Ting dQCUments which rt~uire your attention: PLEASE SIGN THS F1~LLQnTIl~ IF SATISFAC'T'ORY: Escrow Instructions Estimated Sett3e>:nent Statgnent PLEASE SIGN ALVC} HAVE ACI4QQnILIDGED BY A NC7I'ARY RIB IC Grant Deed Ywr prolttpt delivery to us of the above will be appreciated. If you have arFy questions, please feel free to contact one at (916} 894--2512. Sincerely. Linda Npnnayle, Escr(7w Officer f~ ~~ Aawiw~aal+~ ~~ GEC J ~~~~ ~~ ~S 7~ ~~~+1 01~Y1~LL~ ~ . o atsn>~/.C~t^sat t;. ~J Main Oflice C Ornriife ^ Paradise ,r Gridley SOO Waif St. 1835 Robinson 5t. 6038A Clark Rd. 650 Kentucky St. P.O Box 5173 P.U. Bax 811 P.U. Bnx 490 P.U. Box 449 Chico. CA 95927 Urn~~ille, CA 95965 Paradise. CA 95967 Gridley. CA 95948 (9161894-2662 (9161533-?4fA {9161877-6262 {9161846~i)US (9E61 533-?553 FAX {9161 533-1589 FAX (9161 872-5129 FAX !9161 K46-OSHA {9161 877-573A {9 i 6) 846-158? FAX {9161 R9A-0713 ~~dwell Title ~ ESCIIDW . ESCROW INSTRUCTIONS TO: BIDWELL TITLE AND ESCROW COMPANY The unaeiaic~~.:rl here':.~~ acknw~lcyiges i~aviru: reccivecl, read arxi approved a corm of: t,~-.c preiimiru:.ry title report elated 10/18/°U. County c~ I:utte By :d [ C w DES i ~. i Lanai' ~~ End Item >;state By: Date 11/28/°0 Office C~iico Escrow No. 2-151805 Escrow Officer Ltd :~ ESCROW INSTRUCTIONS T0: BIDWELL TITLE AND ESCROW COMPANY Date 11/28/90 Office Chicp Escrow No. 2-151805 Escrow Officer LbTd E::cent for ~,ECI'ROPdIC PAY:IENI' or .~IRc: TRT~~ISFT:ILS, fins remitted to tf,is escraa are Subject to availability require~r~:it~: in~osed by California Insurance Code Section 12413.1 (C:~apter 598, Statutes of 1989) effective January 1, 1990. CASHIER' S, CF~.TIFIID OR T~ LL~t' S CI~iLCKS, payable to Bidwell Title h Escrav Can~any, are ~nerally dvailable for disbursement on the next business day fo1la,~ing the date of de~::it. Other forms of payment may cause extended delays in the closing of your transaction. Bidwell Title & Escraa will not }re respon&ible for accruals of interest or other charges resulting from carg~Iiance with. the disbursement restrictions imposed k7y State law. County of Butte. Land's End F.eal Estate By : / t~B~ C~ tnJ Bar DEC ~ i X990 ~. . •~ ,, ; ' M1lain Office Oroville .^, Paradise Authorized Agem for SOO Wall St, 1835 Robinson Se. W38 A Clark kd. Timr 7i[IC Insurance P.O 6oz 5173 P.O. Box 811 P.O. Box C4U Company of California Chico. CA 45927 Orovilla CA 95965 Paradise, CA 95967 -; Gridley 650 Acntuckv St. P.O. box 94Y Gridlcv. CA 95948 nr rr+riP+fir (9161 894-261? (916) 533.24]4 (9157 877-b'fi' h amr.vm~ 19?v FAx (9161 894-0713 FAX (9l6) 533.1589 FAX [9161 872-5129 19161 646-COOS FAX (9161 846.0564 ESCI`tOW INSTRUCTIONS BUYEp DATE '`~ rn~t OFFICE.]-.CO ESCROW N0. ~-1 51 A{l -T,,,j~'IN ESCROW OFFICER T, i 71C3R Nn~„~~l p ESCROW SUMMARY PAID OUTSIDE ESCROW 5 CASH THROUGH ESCROW ENCUMBRANCE OF RECORD PURCHASE MONEY ENCUMB. TOTAL CONSFDERATION $ 9 r C700.O0 To: BIDWELL TITLE & ESCROW COMPANY I hereby agree to purchase the hereinafter described property for a total consideration of $9, 000.00 and will on or before close Uf escroe hand you said consideration which is payable as follows: $9, 000, 00 cas~i-1 to seller, I will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for me a deed executed by C'OUi`ii'Y OF' BUI'PE and when you can issue your standard coverage form policy of title insurance with liability of $ 9, 000.00 on the following described property situated in the City of County of Butte ,State of California, SEE Th'E A7.'TAC`IiED SCHEDULE C FOR LEC,AL DESCRIPTION showing title vested in LAND ~ S FS~ R~L LSihTE, INC, FREE OF ENCYIMBRANCES EXCEPT: General and special [axes for fiscal year 19 -19 2. The lien of supplemen[al taxes which may be assessed as a result of revised assessed values. 3. Assessments andlor Bonds 4. Convenants, conditions, res[rictions, rights of way, easements, and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. S.Itr~n 3 of the ~relimir3ary title refr~rt. Gage 2 ESCROW INSTRUCTfOkS (Continued) GENERAL PROVISIONS 1. All funds received in this escrow shall be deposited with other escrow funds in the general escrow account or accounts of Bidwell Title & Escrow Company, with any sate or national bank, and may be transferred to any other such general escrow account pr accounts. All disbursements shall be made by cheek of Bidweq Title & Escrow Company. Bidwell Title & Escrow Company will not be respon- sible for any delay in closing if funds received by escrow are not available for immediate w•i[hdrawal. 2. All proretions and adjustments celled for in this escrow are to be mode on the basis of a 30 day month unless otherwise instructed in writing. You arc not resptm- sible for any payment, adjuvmenl or proration of a Homeowner's Association (or similar) charge, fee or unrecorded lien unless seI forth in [he escrow instructions. 3. The phrase '-close ul' escrow" fur CpE ur CE) as axed in Ibis escrow ruuans the date on which documents are recorded, unless otherwise specifted. 4. Recordation of any instruments delivered through this escrow, i(necessary or proper for the issuance of the policy of title insurance called for, is authorized. 5. You are authorized to furnish copies ofescrow instructions, supplements, amend- ments or notices of cancellation and closing statements in this escrow to the real estate broker(s) and lender(s) referred to in this escrow. 6. You are authorized [o execute on behalf of the principals hcrem, form assignments of interest in any insurance policy (other than tide insurance) called far in this escrow; forward assignmcm and policy to the agent requesting that insurer cnn- sem to such assignmem and attach a loss payable clause nr such other endorscmcnls as may be required, and to toward such policy to the lenders and principals en- titled thereto. 7, if a demand to cancel is submiued after the time limit date, arty principal so re- questing you to cancel this escrow shall file notice of demand to cancel in your affcce in writing. You shall within three (3) working days thercafler mail by cer- tified mail one copy of such notice to each of the other principals ut the addresses stated in this escrow. Unless wri«en objection there to is filed in your office by a principal within fifteen (l5) calendar days after date of such mailing, you arc authorized to cancel this cscrow•. If writes objection is filed with you, you are authorized ut hold all money and documents in this escrow and take no further action until otherwise directed, tither by the principals' mutual written instruc- tions or by final order of n coon of competent jurisdiction. If this is a sale escrow, you may return lender's papers and/or funds upon lender's demand. 8. No examination or insurance as to the amount or payment o(pcrsonal property taxes is required unless specifically requested. 9. Delivery to escrow of all notices, communications and documents are required to be made timely at the office of Bidwell Title & Escrow Company set forth on page 1 of these instructions. 10. The principals hereto expressly agree that you, as escrow holder, have the ab- solute right at your clcction to file an action in intcrplcadur in a coon of compt- tcntjuristliction requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principalsjointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required ex- pend orincur insuch interpleader action, the amount thereof to be fixed and judg- ment to be rendered by the court. Upon the filing of such action, you shell thereupon be fully released and discharged from all obligations to further per- form any duties or pbligations otherwise imposed by the terms of this escrow. ] 1. In the even of cancellation of this escrow, the fens end charges due Bidweq Ti- tle & Escrow Company including expenditures incurred or authorized shall be borne equally by the panics hereto unless pdtorwisc specifically agreed [o or detcr- mincd by u court p( competcm jurisdiction. 12. In the cvcm of canccllatiun of this escrow, you arc authorized to demand puy- mcm of your charges and, on payment ihercof, return documents and monies tp the respective particx depositing some nr for whose benefit :m unconditional dc(xrsit wa.c made: and m void executed instrunttnts. 13. If there Is no written activity by a principal delivered to this escrow within any six-month period after the time Eimit date as se[ forth in the escrow instructions ar written extension [hereof, your agency obligation shall )etminatc at your up- tion and all documents, monies or other items held by you shall be returned to the respcctivc ponies emided thereto, less fees and charges herein provided. t4. Upon receipt of any conflicting instructions, other than cancellation instructions described in paragraph 7 above, you arc no longer obligated to take any further action in connection with this escrow until further concurring instructions arc received from the principals to this escrow. 1S. If fur any reason funds are retained in escrow, you may deduct therefrom S?5,00 as a monthly charge as custodian thereof. 16. You are hot to he concerned with any question of usury in any loan or encum- brance involved in the processing of this escrow and you ere hereby released from any responsibility or liability therefor. 17. You are to bu concerned only with the directives specifically sal forth in the escrow instructions and amendments hereto, and are not to be concerned ur liable for items designated as memoranda in the within escrow instructions nor with any other agreement ar comraci between the parties. 18. You are not required to submit any title report issued in connection with this escrow ue any party or agem unless directed to do so by written mwual inSlmc- tions. You may, however, do so without incurring liability to any pony for such submission. You are hereby authorized to submit such reports to any proposed lender. 19. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, corresppndence and other material pertaining tp this escrow at the expiration of coven years from the close of escrow or cancellation thereof, without liability and without further notice to panics to the transaction, 20. You are released from and shall have no liability, obligation or responsibility with respect to (a) withholding o[ funds pursuant to Scetivn 14-05 of the Irncmu] Revenue Code of 1953 as amended, (h) advising the panics us to the reyuire- mem ofsuch section, (c) determining whether the transferor fs a foreign person ender such Section, nor (d) obtaining a non foreign affidavit or other exemption from withholding under such Section nor otherwise making any inquiry canecr- ning compliance with such Scplion by any party to the transaction. Time is of the essence of these instructions. If this escrow is not in condition to close by the TIME LIMIT DATE of and written demand for cancellation is received b y p ' p. ~ !9._.` y you from an ~ rtnci a] to this escrow after said daft:, you shall act in accordance with Paragraph 7 of said General Provisions. In the event one or more of [he above General Provisions is held to be invalid in judicial proceedings, the remaining respective General Provisions will continue to he operative. Any amendments of or supplements to any instructions atlecting tills escrow must be in writing. Signatures on any documents and instructions pertaining to this escrow indicate the signer's unconditional approve] thereof. Principals will hand you any funds and instruments required from each respecticeiy to complcie this escrow. You arc authurizcd to charge our resptrlive accounts far costs attributable to each. If nn demand for caneellatian is made, yw will prcxeed la close this ucrnr+• when the principals have emnplied with the escrow instructions. All documents, balances and statements due the undersigned are to be mailed to the respective addresses shown beiox~, unless otherwise directed. In theca instructions, whenever [he context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals andlor their respective agents of such nonpayment. These escrow instrucions, and amendments hereto, may be executed in one or more coumerpans, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Lal-td' ~ Fad Re1I cstdt~ Address Phone SELLER I approve of the foregoing instructions and agree to sell and will deliver to you papers, instruments and/or funds required from me within the time: limit specified herein, which you arc authvrizcd w deliver when you can issue your policy nl title insurance as set forth above. I agree to pay any pursnnal property axes properly chargeable to me. Ynu arc instructed m use the stoney and record the instruments w comply wish said instructions and lv pay all encumbrances of record necessary without further approval including prcpa}'ment penalties to show tiAe as herein provided, 1 agree w pay your charges attributable to my account regardless of the consummation of this escrow. I also agree m pay documentary transfer tax in the amoum of S and affix your signature thereto, if required. [n the areal this amoum is incorrect you 00uuthnrizetl and instructed to enteh the cmreet am ant mttthe deed and dude I the additional cost therefore from funds accruing to my account. In the event an incortect amount is entered nn the decd and said decd is recorded, I hereby hold you harmless and agree to reimburse you for any loss you may sustain by said amoum being incorrect. At the cloxc of this Irunsaclit n you ur• a prized to pay comntissiun in the to: L COUnty Uf BUtLE Q aurnam of 8 (o-r1L'' 71PPAC1iL'U I5!'IAIATLD SLTI~,I~ff•~fr STAT~L'N!', IF APPLICP.BLE} Address Phone Schedule C The larr_i referred to Mein is described as follows: All that certain real proper.-ty situate in the County of Butte, State of California, described as follows: A portion of Its 15 and 16 of the Etrans Tract acoo~' ng to the Official I~3ap thereof as filed November 16, 1894, in Book 3 of Maps at page 67 in the Office of the Recorder of the County of Butte and more particularly described as follows: Binning at the intersection point of the southwesterly boundary of Highway 49E, formerly kra~m as Shasta Road, and the southeasterly bourriary line of tl~e nor-rhwesterly one-half of said Lot 16, said intersection point bears N 37° 30' W at a distance of 330 feet more or less fran the Trost easterly corner of said Lot 16; thenx S 52° 30' E along the southeasterly bourrlary of the northwesterly one-half of said Lots 15 and 16, a distance of 680.00 feet -mre or less to a line that i.s 20.00 feet southwesterly from and parallel with, the southwesterly boundary of said Lot 16; thence S 37° 30' E along said line, a distance of 20.00 feet; thence N 52° 30' E, a distance of 680.0 feet Rare or less to the northeasterly boundary of said Lot 16; thence N 37° 30' W along said boundary, a distance of 20.00 feet rrbre or less to the point of Beginning. The County of Butte hereby reserves a nonexclusive perpetual easement over the above described property with the right of ingress arr2 egress, for the purpase of layirx3, installing, maintainiuy~, repair ing, protecting, and replacing undergsround storm drain facilities, together with appurtenar][,es thereof. The County of Butte will not be responsible for damage to any improven~nts made to the above described property, should the County exercise these rights as specified in that c~-tain agreerrnnt for the sale of real property executed by the County of Butte as Grantor and Land's Etxi Real Estate, Inc, as Grantee, dated ivovembps 6, 1990.