HomeMy WebLinkAbout1985-08-07; Municipal Water District; Resolution 467RESOLUTION NO. 467
RESOLUTION OF THE BOARD OF DIRECTORS OF
COSTA REAL MUNICIPAL WATER DISTRICT
AUTHORIZING EXECUTION OF AGREEMENT AND ESCROW INSTRUCTIONS CONCERNING HI-ROAD EASEMENT AND REPLACEMENT EASEMENT
WHEREAS, on May 15, 1985 the Board of Directors of
the Costa Real Municipal Water District approved execution
of an agreement to quitclaim and replace the Hi-Road Easement
to George Murai and the Daon Corporation, subject to review
by District counsel; and
WHEREAS, said agreement was duly executed on behalf
of the District; and
WHEREAS, it has become necessary to amend certain
r provisions of that agreement and to approve the general
I
i form of escrow instructions to effectuate the agreement;
NOW, . THEREFORE, THE BOARD OF DIRECTORS OF COSTA REAL
MUNICIPAL WATER DISTRICT DOES HEREBY DETERMINE AND RESOLVE:
1. The General Manager is hereby authorized and directed
to execute the form of escrow instructions attached hereto
as Exhibit A.
2. The General Manager is further authorized and
directed to execute any and all documents necessary to carry
out the "Agreement Abandoning Easements and Granting
Replacement Rights of Way" approved May 15, 1985, as
supplemented by the escrow instructions attached hereto. r
c ADOPTED, SIGNED AND APPROVED this 7th day of August,
1985.
TER DISTRICT
APPROVED AS TO FORM:
/’ /-
-ZY@ Counsel, Gregory V. Moser
-2-
l-
c-
First American Title Inslirance Company
Sen Dieno CALIFORNIA .TELEPHONE (619)238-1776
ESCROW INSTRUCTIONS ,
Eierow Officer Trish Erickson
Ref. Number 900655TE
Date July 26, 1985
To FIRST AMERICAN TITLE
A. The purp3se of this escm is to facilitate that certain mm
EAS- AND GRANPING FEP- RIQTL% OF MY entered into between the parties hereto on Nay 15, 1985.
Escrow shall be dear& to be open on July 26, 1985.
and record those docunents mentioned in paragraph 6 of said
as Escrm Holder has counterparts of each of the docunents correctly executed by the parties.
Escrow Holder shall be handed additional specific written instructions as to which dccuwnts are to be used in connection with paragraph 6.B of said BlRTl?. Said instructions shall cane fran m.
Zscrow Holder shall be handed additional specific hstructions fran all parties to
confirm the type of title insurance to be issued, the munt of title insurance to
be issued and the exceptions of First American Title order no. 900655-14 which are to stay of record at the close of escrow. If any exception in said title order is to be renoved prior to the close of escrow, the party effecting'said dccment or the party mning the property shall be responsible for obtaining the release of said exception, having the release delivered to escm and for the payment of any costs incurred in obtaining the release.
Escrow Holaer is ne- autnorized to alter any and all executed docunents to
correctly reflect the interest of MURAI as Triple M Packing, a California partnership etc. arid as George Murai, Trustee for btoi Murai and Kazuko Murai.
By their signatures below, all parties hereby approve of the General Prwisions of
B. Escm Holder shall trandt at such the
C.
D.
E.
F. the Esc_r?-WdE ats%hsd-h5Eto as-Wibit-"?i"z - - - - - - - - - - - - - - - - - -
IW DAViSCN as Trustee of the certain Trust knm as Ida
Dawson Trust 8 dated May 10, 1981
' TRIPLE M PACKIK, a California partnership consisting of George Murai, Roy mai and Paul Murai
BY:
ARIE DE Jckiy;, JR. and ANNA P.
DE JCNG, Trustees of the Arie De Jong, Jr. Family Trust
dated October 4, 1977
Arie De Jong, Jr.
Anna P. De Jong
FEDERAL SAVINGS AND LOAN INSURANCE WREOIVSTICCJ, as Receiver for San ~arino
, Savings and man
6Y :
BY :
BY:
THE REGENE OFTHE UNIvERSITYOFcALlFoIwIA
BY:
BY :
BY :
IlplcN H@?E, E., a California Corporation
BY:
BY:
1-
1-
..
9W55TE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
EXHIBIT “A”
GENERAL PROVISIONS
Deposit of Funds & Disbursements
All fundsreceivedin thisescrow shallbb deposited inoneormoreofyourgeneralescrowaccountswithany bankdoing busi-
ness in the State of Califomin and may be transferred to any other general escrow nccount or accounts. All disbursenlents shall
be made by your check. You are authorized not to close escrow or disburse until good funds have been confirmed in
escrow.
Prorations and Adjustments
and relates only to prorations and/or adjustments unless otherwise specified.
Recordation of Instruments
the issuaniz of the requested policy of title insurunce.
Authorization to Execute Assignme~lt of Insurance Policics
You are to execute on behulf of the pur ties hereto lorm assignmentr 01 interest in any insurance policies (other than titlc
insurance) called for in this escrow; forward assignments and policies upon close of escrow to the agent with the request, first.
that insurer consent to such transfer and/or attach n loss-payable clause and/or make such other additions or corrections as
may have been specifically required herein, and second, that the agent thereafter forward such policies to the lrarties
entitled to them.
In all acts in this escrow relating to insurance, including adjustments. if any, you shall be fully protected in assuming that
each policy is in force and thnt the necessary premium therefor has been paid.
Authorization to Furnish Copies
You are to furnish a copy of these instructions, amendments thereto, closing statements andfor any other documents
dcposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in
this transaction upon request of the lenders, brokers or attorneys.
Pcrsonal Property Taxes
requested.
Right of Cancellation
Any party instructing you to cancel this escrow shall file notice of cancellation in your office, in writing. You shall within a
rcasonablc time thereafter moil. by certified mail, one copy of the notice to each of the other part.ies at the utldresscs slatcd in
this escrow. Unless written olrjection to cnncellation is filed in your office by a party within ten (10) days after date of ninilinp.
you are authorized at your option to comply with the notice an demand payment olyour cancellation charges as provided in this
agreement. If written objection is filed, you are authorized at your option to hold n11 money and instruments in this escrow und
take no further action until otherwise directed, either by the parties’ mutunl written instructions, or final order of a court of
competent jurisdiction.
Action in Interpleader
The parties hereto expressly agree thnt you, as escrow holder, have the absolute right at your election to file an action in
interpleader requiring the parties to answer and litigate their several claims nnd rights among themselves nnd you are
authorized todepositwith theclerkofthe courtalldocuments and funds held in thisescrow. Intheevent suchactionis filed. the
parties jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney’s fees which
you are required to expend or incur in the interpleader oction, the amount thereol to hc fixed and judgment tliercfor to Ire ren-
dered by the court. Upon the filing of the oction. you shall thereupon be fully released and discharged from all obligations lo
further perform any duties or obligations otherwise imposed by the terms of this CSCIUW.
Termination of Agency Obligations
If there is no action taken on this escrow within six (6) months nfter the “time limit date” as set forth in the escrow instmc-
tions or written extension thereof, your ngency obligation shnll terminate at your option nnd all documents, monies or other
items held by you shall be returned to the parties depositing same.
In the eventof cancellationof thisescrow, whether it be attherequestofanyofthepartiesorothenuise, the feesandcharges
due First AmericanTiUc Insurance Company, includingexpendituresincurrod and/ornulhorizedshall be borneequally by the
parties hereto (unless otherwise agreed to specifically).
Conflicting Instructions ’
Should you before orafter closeof escrow receive or become awareofany conflicting demandsorclaims with respect to this
escrowor the rights of any of the pnrties hereto, or any money or property deposited herein or affected hereby, you shiill hnve
the right to discontinue any or all furthcr octsbn your part until the conflict is resolved 10 your sntisfaction, nnd you shall hwc
the further right to commence or deled my aclion or proceedings for the delcrniinntion of the conflict as Irroviclrrl in
paragraphs I and 8 of these Cencral Provisions.
Funds Retained in Escrow
as custodian thereof.
The expression “close of escrow”used in thie escrow means the date ofwhich instruments referred to herein are recorded
AU prorations and/or adjustments are to be made on the basis of a 30-day month unless othenvise instructed in writing.
You are authorized to record any documents delivered through this escrow, the recording of which isnecessary or proper in
No examination or insurance as to the amount or payment of personal property tnxes is required unless specifically
If for any reason funds are retained in escrow, you may deduct therefrom $20.00 as a monthly chargc
usury
You are not to be concerned with any question of usury in any loan or encumbrnnces involved in the processing of this
escrow and you are hereby released of any responsibility or liability therefor.
Indemnify for Attorneys Fces and Costs
In the event suit is brought by any party to this escrow, including the title company or any other party, asngninst eachothcr.
or others. including the title company, clainiingany right they may have asagninst enclr otlicror against the titlc compntry,iheii
any attorney’s ICr?; nncl WSIS
incurred by it.
Amendments to Escrow Instructions
entire escrow between the escrow holder and the Dnrlies hereto.
in thut event, the parties hereto agree to indemnify and hold harmless the title
ese escwructiq@nstitutc the Any Amendment or supplement to these escrow instructions must be in writing. ‘
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO I ss
I, FRED W. MAERKLE, Secretary of COSTA REAL MUNICIPAL
WATER DISTRICT and of the Board of Directors thereof, do hereby
certify that the foregoing Resolution was duly adopted by the
Board of Directors of said District at a regular meeting of the
Board held on the 7.'th day of Auqust 1985, and that it was
adopted by the following vote:
AYES : Directors:
NOES : Directors:
ABSENT: Directors:
Almack, Haasl, Kelly, Maerkle
and Bonas
None
None
Fre& W. Maerkle , wcretary of
COSTA REAL MUNI$F$L WATER DISTRICT
and the Board of Directors thereof