HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 06/04/2001East Valley Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA.
SPECIAL BOARD MEETING June 4, 2001 2:00 P.M.
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. Approval of Agenda
2. Public Comments
NEW BUSINESS
3.Review and approval of Property Acquisition
Documents for Well Site 120.
4. Review and approval of Resolution 2001.09 for acceptance of Real
Property Grant Deed.
ADJOURN
CHICAGO TITLE COMPANY
560 EAST HOSPITALITY LANE, SAN BERNARDINO, CALIFORNIA 92408
(909)884-0448 Fax (909)384-7855
May 30, 2001
ATTN: ROBERT MARTIN. GENERAL MANAGER
EAST VALLEY WATER DISTRICT
1155 DEL ROSA AVENUE
SAN BERNARDINO, CALIFORNIA 92413
RE: AP#1210-261-41, "Well" Lot A of Tract 13936-3
Escrow No: 12045218-K53
Dear Mr. Martin,
In connection with the above referenced escrow, we enclose the following items:
PLEASE SIGN AND RETURN THE FOLLOWING, RETAINING ADDITIONAL COPY FOR YOUR RECORDS:
1. 1. Escrow instructions.
If we can provide any additional information or answer any questions you may have, please give us a call
Thank you for choosing Chicago Title Company.
Sit'ely, __
Sue Klyce
Sr. Escrow Officer
cc: Jim Cimino, with enclosures
B1LTR -,08/22/96bk
ESCROW INSTRUCTIONS
TO: CHICAGO TITLE COMPANY, licensed by the California Department of Insurance
560 EAST HOSPITALITY LANE, SAN BERNARDINO, CALIFORNIA 92408
(909)884-0448 Fax (909)384-7855
Escrow No. 12045218 - K53 Escrow O['fi¢cr Sue Klyce Date May 30, 2001
On or before the TIME LIMIT DATE of June 15, 2001
2,
3. Jose Aquino, Seller, herein will hand you a Grant Deed conveying the property described herein to vestee named
4. below; and, East Valley Water District, a County Water District, buyer herein; will deposit into escrow, the sum of
$. $1,000.00, representing the buyer's initial deposit and wilt hand you prior to date of close of escrow the sum of
6. $5,000.00, making a total purchase price of $6,000.00;
7
8. said funds are to be used for the account of the seller herein, PROVIDED, you can obtain a CLTA Standard Owners
9~ Policy of Title insurance, which policy of title insurance will contain the insuring clauses, exceptions, exclusions,
~0~ provisions and stipulations customarily contained in the printed provisions of such form with liability not less than
~ 1.$6,000.00 describing said land in County of San Bernardino, State of California, as follows:
EXACT LEGAL DESCRIPTION WILL BE FURNISHED PRIOR TO THE CLOSE OF ESCROW AND IS SUBJECT TO
APPROVAL BYTHE PARTIES.
16. Assessor Parcel Number: 1210-261-41
showing title in said land vested in: EAST VALLEY WATER DISTRICT, a County Water District
22. Subject to:
23,
24. 1. Real Property General and special taxes for the fiscal years 2001/2002, and subsequent years, including
25. reassessments if any and including any special district levies or personal property taxes, payment for which are
26. included therein and collected therewith and improvement bond assessments, when applicable.
27.
28. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with
29. Section 75) of the Revenue and Taxation Code of the State of California.
30.
3~.
32. 3. Covenants, conditions, restrictions, rights of way, easements and reservations of record. Subject to buyer's
33. approvalas hereinafter provided.
34
35.
37.
38.
39. PRORATE as of the date of close of escrow the following:
40.
41. a} Real Property Taxes for the fiscal year 2000-2001 and any Supplements thereto, based on the latest available tax
43.
44. The parties acknowledge that the buyer is an tax exempt entity and subsequent the close of escrow will petition the
~1~5. County of San Bernardino to eliminate such tax lien from subject property based on buyer's tax exempt status.
46.
47
ESCROW INSTRUCTIONS (Continued)
TO: CHICAGO TITLE COMPANY EscrowNo. 120452t8- K53
Date May 30, 2001
3. THE CLOSE OF THIS ESCROW iS CONTINGENT UPON THE FOLLOWING:
S. a} Buyer's written approval or disapproval of the Preliminary Report of Title issued by Chicago Title Company, prior
6. to the close hereof.
BUYER'S DEPOSIT INTO ESCROW OF FUNDS DEEMED NECESSARY TO CLOSE THIS ESCROW SHALL BE
DEEMED AS SUFFICIENT EVIDENCE OF BUYER'S FULL APPROVAL THEREOF.
~1. IN THE EVENT BUYER SUBMITS TO ESCROW HOLDER A WRITTEN DISAPPROVAL, ESCROW HOLDER IS
INSTRUCTED NOT TO PROCEED UNTIL SUCH TIME AS MUTUAL WRITTEN INSTRUCTIONS ARE RECEIVED
13. FROM ~ PARTIES HERETO AS TO THE DISPOSITION OF THIS ESCROW.
?5.
19. All costs in connection with this transaction are to be paid by seller including but
~-0. not limited to: policy of title insurance fees; escrow fee in the amount of $500.00,
--21. completion of documents, recording fees, and property transfer tax on deed as
22. required.
25.
2s,
27.
28.
32,
34,
35.
3s.
38.
44.
(Page 2 )
GENERAL PROVISIONS
TO: CHICAGO TITLE COMPANY EscrowNo. 12045218 - K53
Date May 30, 2001
t. Time is of the essence of these instructions, if this escrow is not in a condition to close by the TiME LIMIT DATE as provided for herein and
written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with paragraph
7 of the General Provisions. If no conflicting instruction or demand for cancellation is made, you wifl proceed to close this escrow when the
principals have complied with the escrow instructions. In the event one or more of the General Provisions are held to be invalid, those
remaining will continue to be operative. Any amendments of or supplements to any instructions affecting escrow must be in writing. You are
authorized to order demands for, and pay at the close of escrow any encumbrances of record necessary to place title in the condition called
for without further authorization. You are further authorized, prior to the close of escrow, to pay from funds on deposit any fees necessary to
obtain any demand and/or report as may be required in this escrow and at the close of escrow charge the parties as appropriate. The
principals will hand you any funds and instruments required from each respectively to complete this escrow, interest on any new financing
may begin to accrue on the date loan funds/proceeds are disbursed by the new lender, and borrower agrees to pay same in accordance with
lender's instructions.
2. You are instructed to deliver and/or record all documents and disburse all funds when you can comply with these instructions and issue any
title insurance policy as called for herein. These instructions, together with any amendments and/or supplements, may be executed in
counterparts and together shall constitute one and the same document. If these instructions relate to a sale, and if there is no other written
agreement between the parties pertaining thereto, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof.
documents, balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise
directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents, all parties hereby agree to accept and
hereby instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that
any documents to be recorded bearing non original (facsimile) signatures will not be accepted for recording by the county recorder.
3. The phrase "close of escrow" {or COE) as used in this escrow means the date on which documents are recorded, unless otherwise specified.
Assume a 30 day month in any proration herein provided, and unless otherwise instructed, you are to use the information contained in the
latest available tax statement, including any supplemental taxes of record, rental statement as provided by seller and beneficiary's or
association statements delivered ~nto escrow for proration purposes.
5. Upon close of escrow you are instructed to charge our respective accounts the costs ahributable to each, including but not limited to costs as
provided for herein and/or in accordance with our respective estimated statements attached hereto and made a part hereof.
6. Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy of title insurance called for,
is authorized. No examination or insurance ss to the amount or payment of personal property taxes is required unless specifically requested.
7. If demand to cancel is submitted after the Time Limit Date, any principal so requesting you to cancel this escrow shalt fi~e notice of demand to
cancel in your office in writing. You shall within three (3) working days thereafter mail by certified mail one copy of such notice to each of the
other principals at the address stated in this escrow. Unless written objection thereto is filed in your office by a princlpal within fifteen (15)
calendar days after the date of such mailing, you are instructed to cancel this escrow. If this is a sale escrow, you may return the lender's
papers and/or funds upon lender's demand.
8. In the event that this escrow is canceled, any fees or charges due Chicago Title Company including cancellation fees and any expendltutes
incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent
jurisdiction. Upon payment thereof, return documents and monies to the respective parties depositing same, or as ordered by the court, and
void any executed instruments.
9. If there is no written activity by a principal to this escrow within any six-month period after the Time Limit Date set forth herein, Chicago Title
Company may, at its option, terminate its agency obligation and cancel this escrow, returning all documents, monies or other items held, to
the respective parties entitled thereto, less any fees and charges as provided herein.
10. If, for any reason, funds are retained or remain in escrow after the closing date, you may deduct therefrom a reasonable charge as custodian,
of not less than $25.O0 per month, unless otherwise specified.
(Continued)
GENERAL PROVISIONS
(Continued)
TO: CHICAGO TITLE COMPANY Eso¢owNo. 12045218 - K53
Date May 30, 2001
1 t. In the event that you should receive or become aware of contlicting demands or claims with respect to this escrow, or the rights of any of the
padies hereto, or any money or property deposited herein, you shall have the absolute right at your option to discontinue any or all further acts
until such conflict is resolved to your satisfaction.
12. In the event that any Offer to Purchase, Deposit P~ceipt, or any other form of Purchase Agreement is deposited in this escrow, you, as escrow
holder, are not to be concerned with the terms of such document and are relieved of all responsibility in connection therewith. The foregoing is
not applicable in any transaction in which Chicago Title has specifically agreed to accept an Offer to Purchase, Deposit Receipt or other form
of Purchase Agreement as escrow instructions, in any event, you are not to be concerned or liable for items designated as "memoranda" in
these escrow instructions nor with any other agreement or contract between the parties.
13. The parties hereto, by execution of these instructions acknowiedge that the escrow hoider assumes no responsibility or tiability whatsoever for
the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow.
14. In the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight, next day, or other expedited
delivery services (as opposed to the regular U.S. Mail) and to charge the respective party's account accordingly.
15. Concerning any real property involved in this transaction you are released from and shall have no liability, obligation or responsibility with
respect to (a) withhoiding of funds pursuant to Section 1445 of the internal Revenue Code of 1986 as amended, and to ~ections 18662 and
18668 of the California Revenue and Taxation Code, (b) advising the parties as to the requirements of said Section 1445, (c) determining
whether the transferor is a foreign person or a non-resident under such Section, nor (d) obtaining a non foreign affidavit or other exemption
from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the
transaction.
V18. If you pay a demand to pay in full a revolving line of credit or equltyline loan, you are hereby instructed on my behalf and for my benefit, to
request that the lender issuing said demand cancel said revolving line or equityline of credit.
You are authorized to furnish to any affiiiate of Chicago Title Company, any attorney, broker or lender identified with this transaction or any
one acting on behalf of such tender any information, instructions, amendments, statements, or notices of cancellation given in connection with
this escrow, if any check submitted to escrow is dishonored when presented for payment, you are authorized to notify all principals and/or
their respective agents of such non payment.
18. mi notices, change of instructions, communications and documents are to be delivered in writing to the office of Chicago Title Company, as
set forth herein.
19. All funds received in this escrow shall be deposited with other escrow funds in one or more non-interact bearing demand accounts of Chicago
Title Company in any state or federal bank or any state or federal savings and loan association ("the depository institutions") and may be
transferred to any other such accounts.
The parties to this escrow acknowledge that while these accounts do not bear interest, because of these and other banking relationships with
the depository institutions, Chicago Title Company and its affiliates may receive from some of the depository institutions an array of banking
services, accommodations or other benefits. Chicago Title C~mpany and its affiliates also may elect to enter into other business transactions
with or obtain loans for investment or other purposes from some of the depository institutions. All of such services, accommodations and other
benefits shall accrue, directly or indiractly, to Chicago Title Company and its affiliates and they shall have no obligation to account to the
parties to this escrow for the value of such services, accommodations or other benefits. All disbursements shall be made by Chicago Title
Company check, unless otherwise instructed.
Chicago Title Company shall not be responsible for any delay in closing if funds received by escrow are not available fei' immediate
withdrawal. Chicago Title Company may, at its option, require concurrent instructions from all principals prior to release of any funds on
deposit in this escrow.
You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material
pertaining to this escrow at the expiration of six (6) years from the close of escrow or cancellation thereof, without liability and without further
notice. (Continued)
GENERAL PROVISIONS
(Continued)
TO: CHICAGO TITLE COMPANY Esc,ow No. 12045218 - K53
Date May 30, 2001
IMPORTANT NOTICE
Except for wire transfers, funds remitted to this e~crow are subject to availability requirements imposed by Section 12413,1 of the California
Insurance Code. CASHIER'S, CERTIFIED or TELLER'S checks, payable to CHICAGO TITLE COMPANY are generally available for
disbursement on the next business day following the date of deposit.
Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law.
(Wire transfer information available upon request)
ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE
LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES
WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY
TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES
OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS.
THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE SEEN READ AND ARE
UNDERSTOOD AND AGREED TO BY EACH OFTHE UNDERSIGNED.
SELLER: BUYER:
EAST VALLEY WATER DISTRICT
V JOSE AQUINO a County Water District
BY:
ROBERT MARTIN, General Manager
CurrentAddress: CurrentAddress:
P.O, BOX 1166 1155 DEL ROSA AVENUE
BLOOMINGTON, CALIFORNIA 92316 SAN BERNARDINO, CALIFORNIA 92413
Telephone; Telephone:
CHICAGO TITLE COMPANY
560 EAST HOSPITALITY LANE
SAN BERNARDINO, CA 92408
(909) 884-0448 FAX: (909) 384-7855
ESCROW RECEIPT
Receipt/Document No.: 000000044820
EscrowNo.: 05740-012045218 001 K53 Date: May 30, 2001
OheekPayor: East Valley Water District
Description: INITIAL DEPOSIT
Properly Address: CALIFORNIA
Deposit on Behalf of EAST VALLEY WATER DISTRICT
Receipt $ 1,000.00
,ooo.oo
Received by~
ALL CHECKS RECEIVED SUBJECT TO COLLECTION.
East Yalley Water District - u,~ ~,~,~
016931 W2181-052901 5/29/01 1000.00 1000.00 1000.00
East Water District ,.~ EAST.,~...OAVE. '~ 1 8 5 2 3 5
F~O. BOX 3427
SAN BERNARDINO, CA 92413
(909) 889-9501
05/29/01 185235 $ *******1000.00
One Thousand and 00/100 .................................................. US Dollars
CHICAGO TITLE
~OTHE 560 E HOSPITALITY LANE
SAN BE~{NARDINO, CA 92408
Recording Requested By:
When Recorded Mail To:
East Valley Water District
1155 Del Rosa Avenue
Post Office Box 3427
San Bernardino, CA 92413
Space above this line for Recorder'$ use
RESOLUTION NO. 2001.09
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
AUTHORIZING PURCHASE OF PROPERTY
AND ACCEPTANCE OF GRANT DEED
WHEREAS, the East Valley Water District (hereinafter referred
to as "EVWD") is a County Water District organized and operating
pursuant to California Water Code Section 30000 et seq.; and
WHEREAS, EVWD is statutorily authorized under its enabling
legislation to accept real and personal property interests in order
to accomplish its lawful purposes.
NOW, THEREFORE, BE IT RESOLVED by EVWD's Board of Directors as
follows:
1. EVWD is hereby authorized to purchase fee title to
.certain real property located in the County of San Bernardino,
State of California, which is more particularly described as
Assessors Parcel Number 1210-261-41 (hereinafter referred to as
"the Property'), from JOSE AQUINO for the price of $6,000.00;
2. EVWD's General Manager is hereby authorized to execute
any and all documents and perform any and all acts necessary for
EVWD to acquire the Property as set forth above through Escrow No.
12045218-K53 opened with Chicago Title Company (hereinafter
referred to as ~Escro~');
3. Upon the close of Escrow, EVWD is hereby authorized to
accept a Grant Deed satisfactorily conveying full title to the
Property to EVWD; and
4. This Resolution and said Grant Deed shall be recorded in
the Office of the San Bernardino County Recorder.
EVWD Resolution No. 2001.09
June 4, 2001
ADOPTED this 4th day of June, 2001.
AYES:
NOES:
ABSENT:
Glenn R. Lightfoot, President
Board of Directors
ATTEST:
Robert E. Martin, General Manager
Secretary to the Board of Directors
2
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Recording Requested By:
When Recorded Mail To:
East Valley Water District /
1155 Del Rosa Avenue /
Post Office Box 3427 /
San Bernardino, CA 92413 /
Spac~ above this lihe for Recorder's use
RESOLUTION NO. 2001.09
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
AUTHORIZING PURCHASE OF PROPERTY
AND ACCEPTANCE OF GRANT DEED
WHEREAS, the East Valley Water District (hereinafter referred
to as "EVWD") is a County Water District organized and operating
pursuant to California Water Code Section 30000 et seq.; and
WHEREAS, EVWD is statutorily a~thorized under its enabling
legislation to accept real and personal property interests in order
to accomplish its lawful purposes.
NOW, THEREFORE, BE IT RESOLVED by EVWD's Board of Directors as
follows:
1. EVWD is hereby authorized to purchase fee title to
certain real property located in the County of San Bernardino,
State of California, which is more particularly described as
Assessors Parcel Nuraber 1210-261-41 ("the Property'), from JOSE
AQUINO for the price of $6,000.00;
2. EVWD's General Manager is hereby authorized to execute
any and all documents and perform any and all acts necessary for
EVWD to acquire the Property a.s set forth above through Escrow No.
12045218-K53 opened with Chicago Title Company ("the EscroW');
3. Upon close of the Escrow, EVWD is hereby authorized to
accept the Grant Deed attached hereto as Exhibit "A" and incorpo-
rated herein by this reference; and
4. This Resolution ~nd the Grant Deed attached hereto as
Exhibit "W' shall be recorded in the Office of the San Bernardino
County Recorder.
EVWD Resolution No. 2001.09
June 4, 2001
/
ADOPTED this 4th day of June, 2001. /
/
AYES: //
NOES: /
ABSENT:
Glenn R. Lightfoot, President
Board of D~rectors
ATTEST:
Robert E. Martin, General Manager
Secretary to the Board of Directors
LAW OFFICE
~ f SOMERS & SOMERS~ LLP
~ ~ ~: .... ' .....~'] 1801CENTURYPARKEAST, SUITE900
Robert H. Somers LOS ANGELES, CALIFORNIA 90067
Richard B. Somers (310)556-0900
FAX (310)556-0918
June 1, 2001
Robert Martin
East Valley Water District
P.O. Box 3427
San Bernardino, CA 92413
Re: Jose Aauino/Tract 13936-3, "Well" Lot A
Assessors Parcel No. 1210-261-41-0-000
Dear Mr. Martin:
This letter is written with reference to our conversation of June 1, 2001, regarding the potential sale
of the above captioned property. I have since discussed this matter with East Valley Water District's
(the "District") agent, Jim Cinino, and once again indicate my ignorance as regards valuation of sites
such as this.
Accordingly, to assist in our clients analysis, and mine, of this site, I would appreciate if you could
provide the following information, to the extent it is reasonably available, and relevant:
1. Does the Distr/ct own the water fights?
2. Does the District own the well, pumping, and ancillary equipment?
3. Does the District own or have any rights to gain access upon the property, including the right
to place its equipment upon the site (i.e., ingress and egress, pumping equipment, utilities,
pipes, etc.)?
4. What is the quality of the ground water, and quantity of the water being produced from the
well? For example, if the Department has had surveys, investigations, monitoring, inspec-
tions, and reporting records, that would be helpful.
5. Without this site what alternatives are reasonably and readily available to the District?
D:\I 213\WWELL\LETTERS~A001A.LTR
LAW OFFICE
SOMERS ~C SOMERS~ LLP
Robert Martin
June l, 2001
Page 2
Mr. Martin, I recognize that you are not compelled to provide any answers to our inquiries, however,
I am hopeful that your response will assist our client in more quickly analyzing the $6,000 offer
proposed by District. If this process is not acceptable to the District we would respectfully request
the right to inspect the records maintained at your office with regard to this well site.
Finally, I can only assume that the District has condemnation rights in the event Aquino refuses to
voluntarily transfer title at the price offered. If that is the case much of the information, and
considerably more, would then be available. But, the amount of money involved does not seem to
warrant anything more than cooperation in resolving the valuation issue as efficiently and
economical as possible. Hopefully, you will agree.
Your early response will be appreciated.
Very truly~.~o~
~~~LP
RHS :brw
cc: Jose Aquino
D:\ 1213\WWELL\LETTERS~A001 A.LTR