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HomeMy WebLinkAboutRES 1990-15 - Board r� 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: f}GUE.�i9 G�-O�B�TT G'tJ.�.Pf�i�/, eSlJ77l,/I/ If" /l7ffi9.5�5 NOES: /rp�yE- ABSENT: /YpiyC, TRUCKEE DONNER PUBLIC UTILITY DISTRICT B J es A. Maass, President ATTEST: Susan M. Craig, Deputy Dis ct Clerk �,,,, smc Fidelity National Title VEC D A p R 3 01990 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)587-2947• PA.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 anv documents enclosed are self-explanatory, but if you wish further information we shall be pleased to furnish it. PLEASE SIGN AN!) RETURN THE FOL11X%7ING: [x] Escrow Instructions PLEASE SIGN EXACTLY AS YOUR NAMES APPEAR AND HAVE ACRKMI EDGED BEFORE A NOTARY PUBLIC: [x] Deed If the enclosed are in order, please sign where indicated and return to us at your earliest convenience. The duplicate copies (if any) are for your files. If you have any questions regarding the enclosed, please do not hesitate to contact the undersigned. Very truly yours, V ALT MC CUBBIN ESCROW OFFICER (916) 587-3845 Fidelity National Title 0 INSURANCE COMPANY SELLER'S ESCROW INSTRUCTIONS 11400 Donner Pass Road DATE: April 30, 1990 Truckee, CA ESCROW NO.: 75104-W4 ' (916) 587-3845 ESCROW OFFICER: HALT 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 commencing , 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 ,r•� 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 FROM 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, 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. 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, attached hereto and made a part hereof. INITIAL: 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: W-MISSION: BOICE COUNTRYSIDE 9,600.00 SKYLO PROPERTIES 12,900.00 LENDER CHARGES: LOAN PAYOFFS: ADDITIONAL DISBURSEMEWS: ADDITIONAL SEW104E TP 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 _ lr,..hirv„-.A �.... n-..,a. - _..-.-.....L...1 1._.. . • i r T,-�.,..�� / ='.". Fidelity National Title INSURANCE COMPANY ESCROW INSTRUCTIONS (continued) DATE: April 30, 1990 ESCROW NO: 75104-%M ESCROW OFFICER: WALT MC CUBBIN GENERAL PROVISIONS 1.DEPOSIT OF FUNDS required to expend or mcur in such interpleader action,the amount thereof to be fixed Insurance Code Section 12413 mandates all funds must be•'available as a matter and judgment therefor b be rendered by the court.Upon dte f fing of such action,you • of right"prior to disbursement.DELAYS IN CLOSING will occur if dosing funds are shall theroupon be fully released and discharged from all.obligations to further pairs other than bank wire,cashiers check or similar type items drawn on a Calibmia bank. form any duties or obligations otherwise imposed by the terms of this escrow. AN pads 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 If mare is no action taken on this escrow within six(6)months after the 1kno limit COMPANY,with any slate or national bank,and may be transferred to any other such data"as set forth in the escrow Instructions or written extension thereof,your agency general escrow account or accounts.Said funds will riot earn merest unless other- obligation shall terminate at your option and all documents,monies or other items held wise specifically stated Herein.NI disbursements shag be made by check of FIDELITY by you shall be returned to the ponies depositing same.In the event of cancellation of NATIONAL TITLE INSURANCE COMPANY. INS escrow,whether it be at he request of any of the principals or otherwise,the lees It 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$10.00 expendilures incurred and/or authorized shalt be borne equally by the parties hereto per month. (unless otherwise agreed to specifically). 2.PRORATIONS AND ADJUSTMENTS 10.CONFLICTING INSTRUCTIONS AN proration and/or adjustments called for in this escrow are to be made on the upon receipt of any conflicting instructions other than cancellation instructions,you basis of a thirty(30)day mash unless otherwise instructed in wring.The phrase"close are no longer obligated to take any further action in connection with his escrow until of escrow"(COE or CE)as used in INS escrow means the date on which documents runner consistent instructions are received from the principals to this escrow except are recorded and relates only in proration and/or adjustments unless otherwise speared. as provided in Paragraph 7 of these General Provisions. You are to use information contained on Iasi available tax statement,rental statement 11.DELIVERYIRECEIPT as provided by the seller,beneficiary's statement and fire insurance policies delivered Delivery to Buyer and/or Seller as used in these instructions is to be by regular into escrow for the prorates provided for herein. mail.and receipt is delefmxned to be 72 hours after such mailing unless otherwise 3.RECORDATION OF INSTRUMENTS stated herein. Recordation of any Instruments delivered through INS escrow.if necessary ofproper 12.STATE/FEDERAL CODE NOTIFICATIONS for,the issuance of the policy of title insurance called for,is authorized. Pursuant to Section 460.3 of Revenue and Taxation code of the Slate of Califomia 4.AUTHORIZATION TO FURNISH COPIES prior to the close of escrow.Buyer will provide Escrow Holder with a PreNminary Change You are authorized to bmish copies of these instructions,supplements,amendments, of Ownership Report.In the event said report is riot handed to Escrow Holder for sub- or notices of cancellation and dosing statements in this escrow.to the Real Estate mission to the County in which Subject property is located,upon recording of the Grant Brokers(s)and Lenders(s)named in this escrow. Deed.Buyers acknowledge that the applicable fee will be assessed by said county S.AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD and Escrow Holder shall debit the account of Buyer W San*at close of escrow Further. INSURANCE POLICIES Buyers acknowledge that this lack of submission may impact certain provisions under Either Buyer,Seller and/or Lender will hand you insurance agent and insurance pol- the Owners Policy of Title Insurance issued at dose of this escrow. icy information and you are to execute,on behaff of the principals hereto,form assign- Pursuant to Foreign Investors in Real Property Tax Act,the Internal Revenue Code. mars of interest in arty insurance policy(other than title insurance)called for in this Sections 1445 and 6039 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 a k>ss payable clause and/or such other endorse- and will take all slaps in order to comply with such requirements and agree to hod you man as may be required,and,forward such policy(s)to the principals entitled thereto. harmless relative to their Compliance therewith. it is rot your responsibility to verity the information handed you of the assignability,of 13.ENCUMBRANCES said insurance,your sole duly is to forward said request to insurance agent al close you are authorized to pay all encumbrances necessary to place title in condition called of escrow. for herein,including bud not limited fo prepayment penalties,without further approval 6.PERSONAL PROPERTY of the undersigned. No examination or Insurance as to the amount or payment of personal property taxes 14.USURY is required unless specifically requested. You are not to be concerned with any question of usury in arty ban or encumbrance 7.RIGHT OF CANCELLATION involved in the processing of this escrow and you are hereby released of any respon- Any principal instructing you to cancel INS escrow shall file notice of Cancellation in Sibiliry of liability therefor. your office in writing.You shall within two(2)working days thereafter mail,by candied 15.DISCLOSURE mail one copy of such notice to each of the other principals at the addresses stated Your knowledge of matters affecting the property,provided such facts do not pre- in this escrow.UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN rant 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 to your responsibility under these instructions. MAILING,YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND 16.COUNTERPARTS PAYMENT OF YOUR CANCELLATION CHARGES.0 written objection is riled,you are These instructions,and any amendments or supplements thereto,may be executed auetorizad to hold all money and instruments in this escrow and take no further action in any number of counterpane,each of which shall be deemed an original,regardless until otherwise directed,either by the principals'mutual written instructions,or final of the dale of execution and delivery.NI such counterpane shall constitute one and order of a court of competent jurisdiction. the same document. 6.ACTION IN INTERPLEADER ALL DOCUMENTS,BALANCES AND STATEMENTS DUE THE UNDERSIGNED ARE The principals hereto expressly agree that you,as escrow holder,have the also- TO BE MAILED TO THE ADDRESS SHOWN BELOW kAs right at your election to fee an action in inlerpleader requiring the principals to answer and Migate their several claims and rights among themselves and you are authorized MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER to deposit with the clerk of the court all documents and funds held in this escrow.In OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING the event such action is filed,the principals jointly and"varsity agree to pay your can. PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE ceration charges and costs,expenses and reasonable attorneys fees which you are GENERAL PROVISIONS. BUYER(S): One Kaiser Plaza, Ste 1010 Richard G.Burge Oakland, CA 94612 ,SELLt� T (S) ruruckee Public Utility Dist. 3Box 309 Truckee, CA 95734 MAILING ADDRESS: CITY• STATE: ZIP• RECEIVED BY FIDELITY NAT'L TITLE BY: DATE: FEGP(1)(Rev 7-e7)PAGE 3 --- RECORDING REQUESTED BY j FIDELITY NATIONAL TITLE INSURANCE MAIL TAX STATEMENT TO SAM AS BELIOVI WHEN RECORDED MAIL TO N.me r A°dren 1..i1YY]]iiVVJJ G. i.1lJiA3[' C;,yA 300 Lakeside Dr.,#1301 511a LCakland,CA 94612 ORDER NO. SPACE ABOVE RECORDER'S USE ONLY ESCROW MO. 75104 GRANT DEED INDIVIDUAL ES N The undersigned grantor(s)dec4 ilsl$o Documentary transfer tax is S ( X► Computed on full value of property conveyed,or ( ► Computed on full value less value of liens and encumbrances remaining at time of sale. ( ► Unincorporated area( )City of Tax Parcel No. 18-570-10 TRUCK PUBLIC UTILITY DISTRICT, a body politic FOR A VALUABLE CONSIDERATION, HEREBY GRANT TO RICI-IARD G. BURGE, a married man, as his sole and separate property the real property in the County of- NEVAi]A ,State of California,described as: AS PER LEGAL DESCRIPTION AZT.A MEI) I-IERMO AS MIIBIT "A" AND MADE A PART HERMF: TRU((C K�EE PUBLIC UTILITY DISTRICT Dated "'f f.0 C" .-s— -----1 Ineilvirfr,AI.Ac knowledomentl I STATE OF !!! � u, ON /!�A/� io COUNTY OF i✓E✓AIJA before me, the undersigned, a Notary Public in and for said State, personally appeared f,�,�1fJri A known to me to be the of the ,�� s� the Corporation that executed the within Instrument, known o me to be the person who OFFICIAL E F N executed the within Instrument,on behalf of the Corporation,therein named,and acknowledged SUSAN M CRAIG { to me that such Corporation executed the same. m `k- NOTARY PUBLIC-CAI: I� NEWOA COUNTY 1 xty Ixtmm expires MAY 25, :t53 WITNESS my hand and official seal. Notary Public in alb for said Stat CORPORATION ACKNOWLEDGMENT FORM 7120 041 AL NOTARY ASSOCIATION°23012%%.ke°BNd.°WooylAnd Mb,CA 91364 I�IT "All The land referred to in this report is situated in the County 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 Fast, M.D.B. & M. EXCEPTING 7HEREFRCM (a) That portion thereof conveyed by Deed dated January 7, 1947, recorded January 14, 1947, in Book 112 of Official Records at Page 209, executed by TrucRee Public Utility District, a body politic, to Cecil Edmunds and Margaret Fc minds. (b) That certain portion thereof conveyed by Deed dated October 1, 1927, recorded October 27, 1927, in Book 144 of Deeds at Page 292, executed by Pacific Fruit Express Conpamy, a corporation to the State of California. (c) That portion thereof conveyed by Deed dated March 4, 1958, recorded April 3 0, 195 8, in Book 24 5 of off icial Records at Page 272, to the State of California. ALSO r-4CEPTING M-EREFRCM all that portion thereof described in the Deed recorded January 13, 1961, in Book 291 of Off icial Records at Page 160. ALSO EXCEPTII\7G =REI'RCM all that portion thereof lying Westerly of the land described in the Deed recorded January 13, 1961, in Book 291 of Of f icial Records at Page 16 0.