Loading...
HomeMy WebLinkAboutAgenda Is Truckee Donner Public Utility Df trict Post Office Box 309 ® 11570 Donner Pass Road ® Truckee, California 95734 (916) 587-3896 General Manager Board of Directors Peter L, Holzmeister Joseph R.Aguera John L. Corbett Richard K.Curran James A. Maass SPECIAL MEETING Patricia S.Sutton 4:30 P.M. - THURSDAY, MAY 10, 1990 TDPUD BOARD ROOM A G E N 0 A 1. Call to order 2 . Roll Call 3 . Consideration of execution of agreement with Finance supervisor 4 . Authorization to close escrow on 1.9 acre parcel located on the corner of Highway 89 and Donner Pass Road, and to record deed to Richard Burge 5. Adjournment C E R T I F I C A T 1 0 N I hereby certify that the foregoing agenda has been posted in the District office and Government Center, provided to the U. S. Post office a, County Library for posting, and mailed to the TDPUD DirZectr- and/Other erested parties on May 8, 1990. Susan M. Craig, Deputy.--tistrict Clerk ............... SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release is entered into by and between PAUL COLBURN ("Colburn") and the TRUCKEE DONNER PUBLIC UTILITY DISTRICT (the "District") with respect to the following facts: A. Colburn is an existing employee of the District, in good standing, and holds the position of Finance Supervisor. The District is in the process of considering a reorganization of its departments which might, if implemented, eliminate or otherwise reduce Colburn's current responsibilities. The proposed reorganization is not in response to any past or contemplated disciplinary action. B. As a result of the proposed reorganization, Colburn has decided to consider other employment which would maximize his professional skills. WHEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties mutually agree that Colburn shall terminate his employment with the District effective at close of business on May 22, 1990. Until termination, he shall continue to work full time and fulfill all of his responsibilities to the District. 2. The District agrees that prior to such termination, it will provide favorable letters of reference, and after such termination it will provide favorable letters of reference and favorable verbal references to any individuals or entities inquiring concerning Colburn or Colburn's performance while employed by the District. 3. The District agrees that it shall pay to Colburn, prior to close of business on SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 1 ........... ....... May 22, 1990, the following amounts of compensation, in addition to any other regular compensation Colburn earns as an employee through May 22, 1993: Description Amount Approximately 3 months of salary $ 15,000.00 and deferred compensation benefits The cost of 3 months of premiums on $ 2,543.46 the various types of medical, dental, and other Insurance maintained by the District on behalf of Colburn. The value of Colburn's accumulated $ 2,449.51 vacation time. Total $ 19,992.97 All of the amounts set forth above shall be treated as compensation paid by the District to Colburn, and the District shall withhold all regular amounts for federal income tax, state income tax, social security, and any other payroll taxes or deductions required by law. 4. As consideration for payment of such compensation, Colburn hereby releases and forever discharges the District, its attorneys, agents, servants and/or employees, and all other persons, firms, or corporations, of and from any and all claims, demands, actions and causes of action, arising out of or which are in any way related to the employer/employee relationship that has existed between the parties. Colburn agrees that this release shall not be deemed or treated as an admission of liability or responsibility by the District in any manner whatsoever, and Colburn warrants that no promise or inducement has been offered except as herein set forth; that he is of legal age, legally competent to execute this release, SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 2 under no coercion whatsoever, accepts full responsibility therefor, and is aware of his right to be advised by legal counsel prior to executing this release. Colburn agrees that this is a full and final release of and from any and all claims, demands, actions and causes of action of any kind and every kind or nature whatever, present or future, known or unknown, contemplated or uncontemplated,arising out of or connected with the parties employer/employee relationship and for any and all damages of any kind whatsoever which have been or which might hereafter be incurred or sustained by Colburn in connection therewith; and it is further understood and agreed that this release shalt apply to any and all claims for unknown, unsuspected or unanticipated claims, and/or results from claims, which might be asserted by Colburn, as well as to those now disclosed. Colburn further agrees to waive all rights given by Section 1542 of the Civil Code of the State of California which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 5. The District hereby releases and forever discharges Colburn of and from any and all claims, demands, actions and causes of action, arising out of or which are in any way related to the employer/employee relationship that has existed between the parties. The District agrees that this release shall not be deemed or treated as an admission of liability or responsibility by Colburn in any manner whatsoever, and the District warrants that no promise or inducement has been offered except as herein set forth; that the District is legally competent to execute this release, under no coercion whatsoever, accepts full responsibility therefor, and has been SETTLEMENT AGREEMENT AND MUTUAL.RELEASE Page 3 advised by legal counsel prior to executing this release. The District agrees that this is a full and final release of and from any and all claims, demands, actions and causes of action of any kind and every kind or nature whatever, present or future, known or unknown, contemplated or uncontempiated, arising out of or connected with the parties employer/employee relationship and for any and all damages of any kind whatsoever which might have been or which might hereafter be incurred or sustained by the District in connection therewith; and it is further understood and agreed that this release shall apply to any and all claims for unknown, unsuspected or unanticipated claims, and/or results from claims, which might be asserted by the District, as well as to those now disclosed. The District further agrees to waive all rights given by Section 1542 of the Civil Code of the State of California which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 6. The parties agree that in the event any litigation is necessary in order to enforce the provisions of this Settlement Agreement and Mutual Release, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees as fixed by the court. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Dated: U ` Q By: a mes A. Maass, President Dated: )to 9 k) By: 0 1� Paul Colburn SETTLEMENT AGREEMENT AND MUTUAL RELEASE Page 4 t RESOLUTION NO. 9015 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZATION TO SIGN AND RECORD DEED TO CONSUMMATE SALE OF AP NO. 18-570-10 WHEREAS, by Resolution No. 8824 adopted August 15, 1988 , the Board of Directors of the Truckee Donner Public Utility District accepted a real estate purchase contract and receipt for deposit from Richard G. Burge on Assessor' s Parcel No. 18-570-10 ; and WHEREAS, appropriate documents to consummate the sale of the property have been prepared; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that the sale of the property be consummated, and Escrow No. 75104-WM be closed, by taking the following action: 1. That the Escrow Instructions be signed. 2 . That the deed be signed and acknowledged before a notary public. 3 . That the deed transferring the property to Richard G. Burge be recorded with the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within the District on the loth day of May 1990 by the following roll call. vote: AYES: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT B iiiies A. Maass, President ATTEST: Susan M. Craig, Deputy Dist4ftat Clerk sac =_ Fidelity National Title K�D APR 0 1990 ' INSURANCE COMPANY OF CALIFORNIA ❑ (916)273-7264• FAX(916)477-6330• P.O.BOX 1187•GRASS VALLEY,CA 95945 REPLY To: ❑ (916)587.3845• FAX(916)567-2947• P.O. BOX 1089 •TRUCKEE,CA 95734 ❑ (916)432.3320• P.O.BOX 417 • PENN VALLEY,CA 95946 April 30, 1990 Truckee Public utility Dist. Box 309 Truckee, CA 95734 Re: Escrow No. 75104-M property Address: APN 18-570-10 Truckee, CA 95737 To assist us in completing this transaction, please attend to the matters checked on this sheet and forward to us as soon as possible. we believe any documents enclosed are self-explanatory, but if you wish further information we shall be pleased to furnish it. PLEASE SIB AND RETURN THE FOLL"N-I vG: [x] Escrow Instructions PLEASE SICK EXACTLY AS YOUR NAMES APPEAR ANC HAVE ACKNOWLEDGED BEFORE A NOTARY PUBLIC: [x] Deed If the enclosed are in order, please sign where indicated and return to us at vor earliest convenience. The duplicate copies (if any) are for vour .files. if you have any questions regarding the enclosed, please do not hesitate to contact the undersigned. Very truly yours, KALT MC CUBBIN ESCROW OFFICER (916) 587-3845 0�, Fidelity National Title u•- INSURANCE COMPANY SELLER'S ESCROW INSTRUCTIONS 11400 Donner Pass Road DATE: April 30, 1990 Truckee, CA ESCROW NO.: 75104-4$+'1 (916) 587W-3845 ESCROW ©FUICER: WALT MC CUBBIN I/We hand you herewith; X Deed from Truckee Public utility to Burge Approved copy of Note Approved copy of Deed of Trust which you are authorized to deliver and/or record when; You are in a position to disburse sale proceeds in accordance with the estimated closing statement contained herein (subject to adjustment), You hold for my account the following: original, executed promissory note corresponding to the above referenced copy, with interest corm encing , first payment beginning with all principal and accrued interest due in its entirety on Evidence of Hazard Insurance and when you can procure/issue a CLTA Standard coverage form Policy of Title Insurance from Fidelity National Title Ins. with a liability of $375,000.00 on the property described in your preliminary report no. 75104, dated December 5,1989, a copy of which I/We have read and hereby approve. Seller/Transferor states that property address is: APN 18-570-10 ,. SHOWING TITLE VESTED IN: Richard G. Burge, a married man, as his sole and separate property FREE PROM ENCUMBRANCES EXCEPT: 1. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing year, if any, a lien not yet due and payable; 2. The lien of supplemental taxes, of anv, assessed pursuant to the provisions of Chapter 3.5 (conttwencing with Section 75) of the Revenue and Taxation Code of the State of California; 3. Bonds and Assessments with no delinquent payments, if any; 4. Covenants, conditions, restrictions, reservations, easements and rights of way now of record, if any; 5. Exceptions numbered. 1 THROUGH 7 as shown in your preliminary report above referenced; Continued on Page 2, part hereof. INITIAL. attached Dlereto and made a SELLER'S INSTRUCTIONS (Continued) Escrow No. 75104 Date: April 30, 1990 ESTIMATED CLOSING STATEMENT DEBITS CREDITS TOTAL CONSIDERATION 375,000.00 PRORATIONS/ADJUSTMENTS: FROM TO: TITLE CHARGES- County Documentary Transfer Tax 412.50 RECORDING CHARGES: ESCROW CHARGES: COMMISSION: BOICE COUNTRYSIDE 9,600.00 SKYLO PROPERTIES 12,900.00 LENDER CHARGES: LOAN PAYOFFS: ADDITIONAL DISBURSEMEWS: ADDITIONAL SETILET,� CHARGES AS FOLLOWS: BALANCE DUE YOU (ESTIMATED) 352,087.50 TOTALS 375,000.00 375,000.00 PRORATIONS: Prorate as of , on the basis of a 30 day month: Taxes Fire Insurance Premium Rents Homeowner's Association Dues Interest on Existing Loan Existing Loan Trust Funds F.H.A. Mortgage Insurance f Fidelity National Title INSURANCE COMPANY ESCROW INSTRUCTIONS (continued) ® DATE: April 30, 1990 ESCROW NO: 75104-41M ESCROW OFFICER: WALT MC CUBBIN GENERAL PROVISIONS 1.DEPOSIT OF FUNDS required to expend or trier in such interpleader action,the amchipt thereof to be fixed Insurance Code Section 12413 mandates all funds mast be"avaltahia as a matter and judgment Iherotor to be rendered by the court-Upon the filing of such action,you - of right"prior to disbursement.DELAYS iN CLOSING will occur if closing funds are shaft thereupon be fully released and discharged from all obligations to further per- I other than bank wire,cashiers Check or similar type items drawn on a California tank. form any duties or obligations otherwise imposed by the terms of this escrow. All funds received in this escrow shall be deposited with other escrow funds in a gen- 9.TERMINATION OF AGENCY OBLIGATION oral escrow account or accounts of FIDELITY NATIONAL TITLE INSURANCE It there is no action taken on this escrow within six(6)months after the"time limit COMPANY,with any slate or national bank,and may be transferred to any other such dale,,as set lode in the escrow instructions or written extension thereof,your agency general escrow account or accounts.Said funds Will not earn interest unless other- ob€igahon shall terminate at your option and all documents,monies of other items held wise specifically stated herein,All disbursements shall be made by check of FIDELITY try you shall be returned to the patties depositing same-In the event of cancellation of NATIONAL TITLE INSURANCE COMPANY. €his escrow,whether it be at fee request of any of the principals or otherwise,the fees If for any reason funds are retained or remain in escrow.you are to deduct there- and Charges due FIDELITY NATIONAL TITLE INSURANCE COMPANY,including from a reasonable monthly charge as Custodian thereof of not less than$10.UO expenditures mCurred andror authortzed shall be borne equaiiy by the parties hereto- per month. {unless otherwise agreed to specifiCatlyl- 2.PROBATIONS AND ADJUSTMENTS 10,CONFLICTING INSTRUCTIONS Alt pmrabons andfor adjustments Called for in this escrow are to be made on the Upon recepp€at any ronflichrg instructions other than cane€lahon instructions,you basis of ath€rty(30)day month tuttess otherwise instructed in writing.The phrase"close are no longer obligated to lake any further action in connection with this escrow until Of escrow"(COE or CE)as used in this escrow means the date on which documents further consistent instructions are received from the principals to this escrow except are recorded and relates only in proration and dr,adjustments unless otherwise spertlf*0 as provided in Paragraph 7 of these General Provisions. You are to use information contained on last available tax statement,rental statement 11,DELIVERYIRECEIPT a$provided by the seller,beneficiary's statement and lire insurance policies delivered Delivery to Buyer and.-or Seller as used in these instructions is to be by regular into escrow lot the prorates provided for herein. mail,and receipt is determined€o be 72 hours after such mailing unless otherwise 3.RECORDATION OF INSTRUMENTS slated heroin, Recordatlunol any insttomantsdativeredthrough this escrow,,ifnecessa yorproper 12.STATETEDERAL CODE NOTIFICATIONS for the issuance of the policy of title insurance called for,is authorized- Pursuant to Section 480.3 of Revenue and Taxation cede of the Slate of California 4.AUTHORIZATION TO FURNISH COPIES poor tolhec!oseofescrow.Buyer will provide Escrow Holder w6thaPreliminaryCnange You are authorized lo fumishcopiesof these instructions,supplementS,amendments, or Ownership Report.In the event said repon is not handed iu Escrow Holder for sun. or notices of cancellation and Closing Statements in this ascrow,to the Real Estate mnssion to the County in which subject properly is located,upon recoroing of the Grant Brokers(s)and Lenders(s)named in this escrow. Deed.Buyers acknowledge that the applicabie€ee will be assessed by said county S. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD and EscrowHo€dershatldehittheaccounlofBuyerforsameatcloseolescraw.Further. INSURANCE POLICIES Buyers acknowledge that this lack Of submission may impact certain provisinnsunder Either Buyer,Seller and/or Lender WIII hand you insurance agent and insurance poi[- the Owners Policy of Title Insurance issued at(Jose of this escrow icy information and you are to execute.on behalf of the principals hereto,form assign- Pursuant to Foreign Investors in Real Property Tax Act,the internal Revenue Code, manes of interest in any insurance policy(other than title insurance)called for in this Sechons 1445 and 6035 C.Buyer and Seller herein represent and warrant that they escrow,forward assignment and policy to the insurance agent,requesting that insurer will seek and obtain independent legal advice and counsel relative to their Obligations consent to such transfer and/or attach aloss payable clause andlor such other endorse- and will take all steps in order to comply with such requirements and agree to told you meats as may be inquired,and.forward such poficy(s)to the principals entitled thereto harmless relative to their compliance therewith. It is not your responsibility to verity the information handed you or the assignability of 13.ENCUMBRANCES said insurance,your sole duty is to forward said request to insurance agent at Close Youateauthohzedw pay all enumbi ancas necessary toplace litleincondillon called of escrow, for herein,including but not limited to prepayment penalties,without further approval 6.PERSONAL PROPERTY of the utulersigned. No examination m insurance as to the amount or payment of personal properly taxes 14.USURY is required unless specifically requested. You are not to be concerned with any question of usury in any loan or encumbrance 7.RIGHT OF CANCELLATION involved In the processing of this escrow and you are hereby released of any respan' Any principal'instructing you to cancel this escrow shall file notice of came€laton in sibiiity or€iabiiny therefot. your office in writing.You shall within two(2)working days thereafter mail,by certified 15.DISCLOSURE mail,one copy of such notice to each of the other principals at the addresses stated Your knowledge at matters affecting the property.provided such fads do not pre- in this escrow.UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN vent your compliance with these instructions,does not create any liability or duty in YOUR OFFICE BY A PRINCIPAL WITHIN TEN(10)DAYS AFTER DATE OF SUCH addition la your msponsibility under these instruc€ions. MAILING.YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND 16.COUNTERPARTS PAYMENT OF YMR GANCELLATION CHARGES,it written objection is bled,you are These instructions,and any amendmerils or supplementslheretd,maybe executed authorized io hold all money and instruments in this escrow and lake no further action in any number of counterparts,earl€of which shall be deemed an original,regardless until otherwise directed,either by the principals'mufua!written instructions,or final of the date of execution and delivery.All such counterparts shall Constitute one and order of a court of competent jurisdiction. the same document, a.ACTION IN INTERPLEADER ALL DOCUMENTS,BALANCES AND STATEMENTS DUE THE UNDERSIGNED ARE The pfincipals hereto expressly agree that you.as escrow holder,have the abso. TO BE},,FAILED TO THE ADDRESS SHOWN BELOW lute right at your election b fits an action in interpleader requiring the principals fo answer MY SIGNATURE HERETO CONSTrTUTES INSTRUCTION TO ESCROW HOLDER and fitigate their several claims and rights among themselves and you are authorized to deposit with the Clark of the court all documents and funds hold in this escrow.In OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING the event such action is filed,the principal*jointly and severalty agree to pay your can- cellationHAVE charges and costs.expanses and reasonable stfomey's fees which you are GENERAL PROVISIONS. BUYER(S): One Kaiser Plaza, Ste 1010 Richard G.Burge Oakland, CA 94612 �i}I I�ES2(S) Tinuckee Public Utility Dist. 3Box 309 Truckee, CA 95734 MAILIWG ADDRESS: CITY: STATE: ZIP: _ RECEIVER BY FIDELITY NAT'L TITL' F(Y:_ DATE: FEGP 0)(Row 7-87)PAGE 3 RECORDING REGUESTEO BY E FIDELITY NATIONAL TITIZ INSUt3RKE MAIL TAX STATEMENT TO SAME; AS Mal WHEN AECONDEU MAIL TO NHMN r $IreRl RI 1. ARD G. BURGE Add.. 1,1,9 300 Lakeside Dr., 1301 51"® L-f)a .and,CA 94612 SPACE ABOVE RECORDER'S USE ONLY ORDER NO. 5104 ESCROW No GRANT DEED INDIVIDI AL EscRo The undersigned grantor(s)decla a s): Documentary transfer tax is$ 4r)•50 ( X Computed on full value of property conveyed,or ( ) Computed on full valueless value Of liens and encumbrances remaining at time of sale. ( ) Unincorporated area( )Dly of Tax Parcel No_ 18-570-'10 TiRUCKEZ PUBLIC UTILITY DXSMICr,r a body Po1itiC FOR A VALUABLE CONSIDERATION, HEREBY GRANT TO RlalARD G• BURGS, a married man, as his sale and separate property the real property in the County of State of California,described as: AS PER LD3AL DESCRIMON ATTACHM HERuM AS EXXUBIT "A" AND MADE A PART HERE)OF: TTuX= PUBLIC UTILITY DISTRICT Dated STATE OF ss. ON couNtY before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the the Corporation that executed the within Instrument, known to me to be the p rson who _.. OFFICIAL St"' executed the within Instrument,on behalf of the Corporation,therein named,and acknowledged SUSAN M CRA!0 to me that such Corporation executed the some. rdoTARY PMUC^CA': AtEYt(M COUNTY Nly oun m.expires MAY x2,i;;3 WITNESS my hand and official seal. Notary Public in and far said Stai CORPORATION ACKNOWLEDGMENT FORM 71M 061 � "' AL NOTARY ASSOCIATION•23012 Vsntwa BNd.4 Woodla+d"IK CA 91364 EXHIBIT „A„ The lard referred to in this report is situated in the sty of Nevada, State of California and is described as follows: A portion of the South half of the Northwest quarter of Section 16, Township 17 North, Range 16 East, M.D.B. & M. EXCEPTIl G THEREFRCM (a) That portion thereof correyed by Reed dated January 7, 1947, recorded January 14, 19 47, in Book 112 of Official Records at Page 209, executed by Truckee Public Utility District, a body politic, to Cecil Fdmunds and Margaret Edmurads. (b) 'That certain portion thereof cormeyed by Deed dated. October 1, 1927, recorded Octcbpr 27, 1927, in Book 144 of Deeds at Page 292, executed by Pacific Fruit Express Car DFuy, a corperation to the State of California. (c) That portion thereof conveyed by Deed dated March 4, 1958, recorded April 30, 1958, in Book 245 of Official Records at Page 272, to the State of Cal.i forma. ALSO EMC EPTII\)3 'SHEREPRCM all that portion them described in the Dead recorded January 13, 1961, in Book 291 of Official Records at Page 160. ALSO EXCEPI'Il\IG MREFRCM all that portion thereof lying Westerly of the land described in the Deed recorded January 13, 1961, in Book 291 of Official Records at Page 160.