Kunkle/Montezuma Purchase 03AGREEMENT FOR
PURCHASE AND SALE OF REAL PROPERTY LOCATED
ALONG THE WEST LINE OF AVENIDA MONTEZUMA
(APNs 773-245-002, 774-020-0039 AND 773-31 1-027),
CITY OF LA QUINTA, CALIFORNIA
BY AND BETWEEN
WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF
THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED
25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN
UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA
GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST,
"SELLER"
AND
THE CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION
"CITY"
TABLE OF CONTENTS
1. Purchase and Sale.................................................................................. 1
2. Purchase Price........................................................................................ 1
3. Payment of Purchase Price...................................................................... 1
4. Escrow...................................................................................................1
5. Close of Escrow..................................................................................... 2
6. Costs and Prorations.............................................................................. 2
7. Conditions of Title.............................................................................. 0.. 2
8. City's Conditions Precedent to Closing ............................
....................... 3
9. Seller's Conditions Precedent to Closing ................................................. 3
10. Warranties and Representations of Seller ................................................ 3
11. Documents to be Delivered Prior to Close of Escrow ............................... 4
12. Escrow Holder's Instructions.................................................................. 5
13. Title Policy............................................................................................. 5
14. Broker's Commission............................................................................. 5
15. Waiver, Consent and Remedies............................................................... 5
16. Attorney's Fees...................................................................................... 6
17. Notices.................................................................................................. 6
18. Gender and Number............................................................................... 7
19. Entire Agreement................................................................................... 7
20. Captions................................................................................................ 7
21. Governing Law....................................................................................... 7
22. Invalidity of Provision............................................................................. 7
23. Amendments......................................................................................... 7
24. Counterparts......................................................................................... 7
25. Nonliability of City Officials.................................................................... 7
26. Written Notices...................................................................................... 7
27. Exhibits................................................................................................. 8
28. Cooperation on Termination.................................................................. 8
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
TO: Foresite Escrow Company ("Escrow Holder")
41-995 Boardwalk, Suite G-2
Palm Desert, California 92211-5110
PHONE: (760) 773-5333
FAX: (760) 773-9289
Escrow No. 2-38534 ("Escrow")
Escrow Officer: Laine Floan
Date of Opening of Escrow: 12/5/02
APN: 773-245-002, 774-020-003, and
773-311-027
Title Order # R-215366-6, R-215368-6
THIS PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is made this
29th day of May 2003 ("Effective Date") by and among WILLIAM D. CALKINS AND LYNN R. KUNKLE,
CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25%
INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST: AND
AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50%
INTEREST, ("Seller") and the CITY OF LA QUINTA, a California municipal corporation ("City"), or its
nominee.
RECITALS
A. Seller is the owner of that certain real property located at the northwest corner of Avenida
Velasco and Calle Temecula (APN 773-245-002, 774-020-003, and 773-311-027) in the City of La Quinta,
County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference ("Property").
B. Seller desires to sell the Property to the City in consideration of Two Hundred Ninety
Thousand Dollars ($290,000.00).
NOW, THEREFORE, in consideration of the foregoing, and the covenants and conditions
contained in this Agreement and in the other documents referred to herein, and other valuable
consideration, the receipt of which are hereby acknowledged, City and Seller agree:
1. purchase and Sale. Upon all the terms and conditions contained herein, City hereby
agrees to purchase the Property from Seller and Seller agrees to sell the Property to City.
2. 'Purchase Price. The purchase price ("Purchase Price") shall be Two Hundred Ninety
Thousand Dollars ($290,000.00).
3. Payment of Purchase Price. The entire Purchase Price shall be payable in cash or
immediately available funds by the City at Close of Escrow.
4. Escrow. References in this Agreement to the "Opening of Escrow" shall mean the date a
copy of this Agreement, signed by all parties, is deposited with Escrow Holder. The Opening of Escrow
shall occur within ten (10) business days after the Effective Date of this Agreement ("Opening Deadline").
Escrow Holder will notify all parties when Escrow has opened. If Escrow is not opened by the Opening
Deadline, this Agreement shall terminate at the election of any party by delivery of written notice to the
other parties and Escrow Holder within five (5) business days after the Opening Deadline.
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By such deposit, Escrow Holder is hereby authorized and instructed to act in accordance
with the provisions of this Agreement. City and Seller shall each deposit such other instruments as are
reasonably necessary to close Escrow and complete the sale and purchase of the Property in accordance
with the terms of this Agreement.
The rights and obligations of each party set forth in this Agreement and agreed to be
undertaken by each party are made in and under the terms of this Agreement independent of Escrow.
The parties shall execute the standard escrow instructions of Escrow Holder (Exhibit "E"). This
Agreement will supersede the standard instructions of Escrow Holder executed by City and Seller in the
event of any conflict between the instructions and this Agreement.
Except as otherwise provided in this Agreement, City shall pay all of the costs and fees of
Escrow Holder.
5. Close of Escrow. Escrow shall close on the date hereafter specified by City and Seller
but in no event later than June 20, 2003 unless extended by mutual written agreement of the parties. In
the event this Escrow is not in a condition to close by June 27, 2003, any party not then in default (if
default is the cause of the failure to close Escrow) hereunder may elect to terminate this Agreement and
the Escrow by giving written notice of such termination to the other parties and to the Escrow Holder. No
such termination shall release any party then in default from liability for such default, including without
limitation, the costs of Escrow. If no party so elects to terminate this Agreement and the Escrow, Escrow
Holder shall close the Escrow as soon as possible.
For purposes of this Agreement, the "Close of Escrow" shall mean the date Seller's Grant
Deed, as defined herein, is filed for recordation with the County Recorder of Riverside County, California.
costs:
6. Costs and Prorations.
In addition to the prices described in paragraph 2 above, City shall pay the following
(i) Escrow Holder's fee.
(ii) The cost of any documentary transfer taxes on the Grant Deed.
(iii) The cost of a premium for a California Land Title Association (CLTA)
standard policy of title insurance insuring the Property in the amount of the Purchase Price, together with
any endorsements to such policy reasonably requested by City which are agreed to by Seller.
(iv) Fees for recording and filing all documents required by this Agreement
including the Grant Deed.
7. Condition of Title. Upon transfer of the Property, title to the Property will be conveyed to
City in the "Approved Title Condition," which, for purposes of this Agreement, shall mean fee simple title
free of all recorded liens, encumbrances, and other exceptions to title, excepting only (i) the lien of current
nondelinquent real property taxes and assessments, if any; and (ii) any exceptions to title approved in a
writing signed by the City. The obligation of the City to purchase the Property is subject to title to the
Property being in the Approved Title Condition.
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8. City's Conditions Precedent to Closing. The obligation of City to complete this transaction
is subject to and contingent upon the satisfaction of the following conditions prior to the transfer of the
Property:
a. Seller shall deliver to the City (i) an executed and recordable grant deed sufficient
to convey title to City in the form of Exhibit "B" attached hereto and incorporated herein by reference
("Grant Deed").
b. Seller is not in default in any of its obligations under the terms of this Agreement.
C. Title Company has committed to deliver to City a CLTA standard coverage
owner's policy of title insurance dated as of the date of transfer of Property and approved by City, together
with any endorsements to such policy reasonably requested by City and approved by Seller, insuring that
title to the Property is vested in City in the Approved Title Condition for the amount of the Purchase Price
(the "Title Policy").
d. The soils condition of the Property is acceptable to City, in City's sole and
absolute discretion.
e. The environmental condition of the Property has been reviewed by City, and any
required remedial measures have been completed to the satisfaction of the City, in City's sole and
absolute discretion.
f. City determines, in its sole and absolute discretion, after performance of
feasibility and economic analyses, that the Property is a physically and/or economically feasible site for
the development of a neighborhood park.
In the event any of the conditions listed in paragraphs a-f above have not been satisfied or waived
by the City, in City's sole and absolute discretion, City may terminate this Agreement with no further
liability to City hereunder.
9. Seller's Conditions Precedent to Closing. The obligation of Seller to complete the transfer
of the Property is subject to and contingent upon the satisfaction of the conditions set forth below at or
prior to the transfer of the Property.
a. City is not in default in any of its obligations under the terms of this Agreement.
In the event the condition listed in paragraph a above has not been satisfied or waived by the
Seller, in Seller's sole and absolute discretion, Seller may terminate this Agreement with no further liability
to Seller hereunder.
10. Warranties and Representations of Seller. Seller hereby makes the following
representations, covenants, and warranties for the benefit of City and City's successors and assigns, and
acknowledges that the execution of this Agreement by City has been made, and the acquisition by City of
the Property will have been made, in material reliance by City on such covenants, representations, and
warranties:
a. Seller is the owner of and has the full right, power, and authority to transfer the
Property to City as provided herein, and to carry out Seller's obligations hereunder.
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b. Seller has not been given notice of any condition of the Property which violates
applicable laws, regulations, codes, governmental requirements, or covenants, conditions, or restrictions,
or of improvements or alterations made to the Property without a permit where one was required, or of any
unfulfilled order or directive of any applicable governmental city, or any casualty insurance company that
any work of investigation, remediation, repair, maintenance, or improvements is to be performed on the
Property.
C. To Seller's knowledge, no one will, upon the transfer of Property, have any right
to possession of the Property, except as disclosed by this Agreement.
d. Seller has no actions, suits, or proceeding pending or threatened before any
government department, commission, board, bureau, city, court, or instrumentality that would affect the
Property or the right to occupy or utilize the same.
f. Neither Seller, nor any Trustor or Trustee of Seller, is the subject of a bankruptcy
proceeding, and permission of a bankruptcy court is not necessary for Seller to be able to transfer the
Property as provided herein.
g. To the best of Seller's knowledge, there are no "Hazardous Materials" or
Hazardous Materials contamination on, under, or in the Property. For purposes of this Agreement, the
term "Hazardous Materials" includes, without limitation, any material or substance which is (i) defined or
listed as a "hazardous waste," extremely hazardous waste," "restrictive hazardous waste" or "hazardous
substance" or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii)
petroleum or petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the
State of California to cause cancer and/or reproductive toxicity. The term "Environmental Law" shall
mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial
hygiene or the environmental conditions on, under or about the Property including, without limitation, (i)
the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (" CERCLA"), 42
U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 19766 ("RCRA"), 42
U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe
Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et
seq.; (v) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (vi) California Water
Code Section 1300 et seq.; and (vii) California Civil Code Section 3479 et seq., as such laws are
amended and the regulations and administrative codes applicable thereto. It is the intent of the parties
hereto to construe the terms "Hazardous Materials" and "Environmental Laws" in their broadest sense.
11. Documents to be Delivered Prior to Close of Escrow.
a. Prior to the Close of Escrow, Seller shall deliver the following documents to the
City:
(i) The Grant Deed, originally executed and acknowledged, attached as
Exhibit "B";
(ii) A non -foreign affidavit ("Non -Foreign Affidavit") duly executed and in the
form of Exhibit "C" attached hereto and made a part hereof.
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b. Prior to the transfer of the Property, City shall deposit, on behalf of City, with the
Title Company, the following:
(i) Such funds and documents as are necessary to comply with City's
obligations under this Agreement.
(ii) The Title Company fees in immediately available funds.
(iii) The Deed Acceptance originally executed and in the form of Exhibit "D",
attached hereto and made a part hereof.
(iv) Such other funds and documents as are necessary to comply with City's
obligations under this Agreement.
12. Escrow Holder's Instructions. At such time as (i) the conditions precedent to Close of
Escrow described in Sections 8 and 9 above have been satisfied or waived, (ii) Title Company is prepared
to issue the Title Policy descried in Section 13 below, and (iii) Escrow Holder has received the documents
and funds specified in Section 11 above, Escrow Holder shall:
a. Record in the Office of the County Recorder of Riverside County, California, the
Grant Deed (Exhibit "B").
b. j Deliver to Seller funds in the amount of the Purchase Price.
C. Deliver to City the Non -Foreign Affidavit, attached as Exhibit "C".
Title Company shall issue to the City
13. Tit a Insurance Polic Upon Close of Escrow, the t e p y
the Title Policy.
{
14. Broker's Commission. City and Seller represent to each other that neither City nor Seller
has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to
indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or
expense (including court costs and reasonable attorney's fees) in any manner connected with a claim
asserted by any individual or entity for any commission or finder's fee in connection with the conveyance
of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee.
15. 'Waiver. Consent. and Remedies. Each provision of this Agreement to be performed by
City and Seller shall be deemed both a covenant and a condition and shall be a material consideration for
Seller's and City's performance hereunder, as appropriate, and any breach thereof by City or Seller shall
be deemed a material default hereunder. Either party may specifically and expressly waive, in writing,
any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or
continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving
parry may, at any time thereafter, require further compliance by the other party with any breach or
provision so waived unless under this Agreement waiver constitutes acceptance. The consent by one
party to any act by the other for which such consent was required shall not be deemed to imply consent or
waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver
or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in
this Agreement. All rights, remedies, undertaking, obligations, options, covenants, conditions, and
agreements contained in this Agreement shall be cumulative, and no one of them shall be exclusive of
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any other. Either party hereto may pursue any one or more of its rights, options, or remedies hereunder,
or may seek damages in the event of the other party's breach hereunder, or may pursue any other
remedy at law or equity, whether or not stated in this Agreement.
16. Attorneys' Fees. In the event of any declaratory or other legal or equitable action,
instituted between Seller and City in connection with this Agreement, then as between City and Seller, the
prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including
court costs, reasonable attorneys' fees and expert witness fees, and all fees, costs, and expenses
incurred on any appeal or in collection of any judgment.
17. Notices. Any notice, request, demand, consent, approval, or other communication
required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in
person to an officer or duly authorized representative of the other party or forty-eight (48) hours after
deposit in the United States mail, duly certified or registered (return receipt requested), postage prepaid,
and addressed to the party for whom intended, as follows:
If to Seller:
A&M Partners
Attn: Manuel Abarca
P. O. Box 366
La Quinta, CA 92253
(760) 5644832
William D. Calkins and Lynn R. Kunkle, Co -
Conservators
Estate of Charles Brian Murphy
c/o David J. Erwin
Best Best & Krieger LLP
P. O. Box 13650
Palm Desert, CA 92255
(760) 340-6698
Lynn R. Kunkle
P. O. Box 3121
Del Mar, CA 92014
If to City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attention: City Manager
PHONE: (760) 777-7100
FAX: (760) 777-7101
Copy to: Rosenow Spevacek Group, Inc.
540 North Golden Circle, Suite 305
Santa Ana, California 92705
Attention: Frank J. Spevacek
PHONE: (714) 541-4585, ext. 2366
FAX: (714) 836-1748
Copy to: Ms. Kathy Jensen
Rutan & Tucker
611 Anton Boulevard, Suite 1400
P.O. Box 1950
Costa Mesa, California 92628
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Any party may from time to time, by written notice to the other, designate a different
address which shall be substituted for the address specified above. If any notice or other document is
sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours
after mailing as provided above.
18. Gender and Number. In this Agreement (unless the context requires otherwise), the
masculine, feminine, and neuter genders and the singular and the plural shall be deemed to include one
another, as appropriate.
19. Entire Agreement. This Agreement and its exhibits constitute the entire agreement
between the parties hereto pertaining to the subject matter hereof, and the final, complete, and exclusive
expression of the terms and conditions thereof. All prior agreements, representations, negotiations, and
understandings of the parties hereto, oral or written, expressed or implied, are hereby superseded and
merged herein.
20. Captions. The captions used herein are for convenience only and are not a part of this
Agreement and do not in any way limit or amplify the terms and provisions hereof.
21. Governing Law. This Agreement and the exhibits attached hereto have been negotiated
and executed in the State of California and shall be governed by and construed under the laws of the
State of California. Any actions brought to enforce this Agreement shall be brought in an appropriate
court in Riverside County, California.
22. Invalidity of Provision. If any provision of this Agreement, as applied to any party or to
any circumstance, shall be adjudged by a court of competent jurisdiction to be void or unenforceable for
any reason, the same shall in no way affect (to the maximum extent permissible by law) any other
provision of this Agreement, the application of any such provision under circumstances .different from
those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
23. Amendments. No addition to or modification of any provision contained in this Agreement
shall be effective unless fully set forth in writing by City and Seller.
24. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one and the same
instrument.
25. Nonliability of City Officials. No officer, official, member, employee, agent, or
representatives of City shall be liable for any amounts due hereunder, and no judgment or execution
thereon entered in any action hereon shall be personally enforced against any such officer, official,
member, employee, agent, or representative.
26. 'Written Notices. In all cases provided for in this Agreement in which a party is permitted
or required to give notice, or to exercise a right or option, including a termination right, then the notice
must be in writing and the exercise of the right or option must be in writing.
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27. Exhibits. The following exhibits are attached hereto and incorporated herein by this
reference:
Exhibit "A" Legal Description
Exhibit "B" Grant Deed
Exhibit "C" Non -Foreign Transferor Declaration
Exhibit "D" Deed Acceptance
Exhibit "E" Escrow General Provisions
28. Cooperation on Termination. Upon any termination of this Agreement, each party will
cooperation with the other to execute, deliver, and/or acknowledge any and all such documents and
instruments as may be reasonably requested by the other party to evidence termination of this
Agreement.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the respective dates set
forth below, the latest of which shall be inserted into the preamble of this Agreement.
ATTEST:
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APPROVED AS TO FORM:
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Date
Date
Date
CITY:
CITY OF LA QUINTA, a California municipal
corporation
City Manager
SELLER:
WILLIAM D. CALKINS AND LYNN R. KUNKLE,
CO -CONSERVATORS OF THE ESTATE OF
CHARLES BRIAN MURPHY, AS TO AN
UNDIVIDED 25% INTEREST; LYNN R.
KUNKLE, AN UNMARRIED MAN, AS TO AN
UNDIVIDED 25% INTEREST; AND AM
PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP, AS TO AN UNDIVIDED 50%
INTEREST,
f
A
a
BY:
BY:
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EXHIBIT
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF RIVERSIDE AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WEST HALF OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN,, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CALLE DURANGO AND AVENIDA
MONTEZUMA OF UNIT NO. 3 OF SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON
FILE IN BOOK 18, PAGE 59 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE
ALONG THE CENTERLINE OF AVENIDA MONTEZUMA, SOUTH 19° 28-3/8' EAST, 1.399.74 FEET;
THENCE SOUTH 170 33' 01" EAST, 421.33 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
ON THE WEST HALF OF LOT N OF UNIT NO. 17, SANTA CARMELITA AT VALE LA QUINTA, AS
SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, SAID POINT ON A NONTANGENT CURVE, THE CENTER OF WHICH LIES SOUTH 78°
17' 44" WEST, 1,540.15 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF
1,220.35 FEET; THENCE SOUTH 33° 41' 39" WEST, 489.20 FEET TO A POINT ON A CURVE,
CONCAVE TO THE EAST, HAVING A RADIUS OF 1,543.45 FEET; THENCE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 05' 48", A DISTANCE OF 1,268.71 FEET;
THENCE SOUTH 130 24' 11" EAST, 791.42 FEET TO THE SOUTH LINE OF SAID SECTION 12;
THENCE SOUTH 89-, 55' 53" EAST, 80.18 FEET ALONG SAID SOUTH LINE OF SECTION 12 TO THE
WEST LINE OF LOT Q OF UNIT NO. 19, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY
MAP ON FILE IN BOOK 19, PAGE 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHERLY ALONG SAID WEST LINE OF LOT Q TO THE SOUTHWEST CORNER OF LOT
O OF UNIT NO. 18, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK
.19, PAGE 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY
ALONG THE WEST LINE OF SAID LOT O TO THE SOUTHEAST CORNER OF LOT N OF UNIT NO. 17,
SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89° 59' 00" WEST,
174.46 FEET ALONG THE SOUTH LINE OF SAID LOT N TO THE SOUTHWEST CORNER THEREOF;
THENCE NORTHERLY ALONG THE WEST LINE OF "N" TO THE TRUE POINT OF BEGINNING.
LOT N OF UNIT NO 17 OF SANTA CARMELITA AT VALE LA QUINTA, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 19,
PAGES 19 AND 20, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THAT PORTION OF SAID LOT N DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT N; THENCE SOUTH 89° 57' 15" WEST,
193.87 FEET ALONG THE NORTH LINE OF LOT N TO THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 390 21' 30" EAST, 475.56 FEET ALONG THE WEST LINE OF SAID LOT N TO THE
BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 800.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 04' 09" A
DISTANCE OF 42.85 FEET TO A POINT OF A CUSP WITH A CURVE HAVING A RADIAL LINE OF
NORTH 780 17' 44" EAST, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1,540.15 FEET;
THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07, 46' 06" A
DISTANCE OF 208.82 FEET; THENCE NORTH 19° 28' 22" WEST, 196.96 FEET TO A POINT ON THE
EAST'LINE OF SAID LOT N;
THENCE NORTH 390 21' 30" WEST, 19.44 FEET ALONG SAID EAST LINE OF LOT N
TO THE POINT OF BEGINNING
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RECORDING REQUESTED BY:
City of La Quinta
WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
GRANT DEED DOCUMENTARY TRANSFER TAX $0.00
[Exempt from recording fee per Govt. Code 61031
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM D. CALKINS AND LYNN R.
KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25%
INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM
PARTNERSHIP, A CALIFORNIA' GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, (collectively,
"Seller")
hereby GRANT(S) to the CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION
all right, title and interest in and to the real property in the City of La Quinta, County of Riverside, State of
alifornia, as described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
feller for himself, his heirs, representatives and assigns covenants and warrants that: 1) Seller is the sole owner
A the real property conveyed by this Grant Deed free from all liens and encumbrances, and 2) Seller will defend
he title and quiet enjoyment of the real property described above against all demands and claims of all persons.
)ATE: o, Og � 03
,ATE:
ATE:
WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -
CONSERVATORS OF THE ESTATE OF CHARLES BRIAN
MURPHY. AS TO AN UNDIVIDED 25% INTEREST; LYNN R.
KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25%
INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL
PARTN SHIP, AST A N ED % I VTEREST,
BY:
BY:
chibit B
State ofC-vW wM U>►5cofjls* CAPACITY CLAIMED BY SIGNER
0 INDIVIDUALS
County of 'tite, ,t' ) O CORPORATE OFFICERS
i�ii�� KUR 0 PARTNERS
On j V ci � �►,00 3 bef e O ATTORNEY -IN -FACT
ersonally appeared '(�fAs,
,personally known to me orw proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) .
acted, execurbd the instrument
WITNESS my hand and official seal. (SEAL)
Signature:C
,,-0 g ti4
Print Name Commission ExpiUb
0 TRUSTEE(S)
0 SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
f Pew s)„�r Eniiti s
State of Califomia) CAPACITY CLAIMED BY SIGNER
0 INDIVIDUALS
County of ) 0 CORPORATE OFFICERS
0 PARTNERS
On , before me, O ATTORNEY -IN -FACT
personally appeared 0 TRUSTEE(S)
0 personally known to me or 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/herhheir authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) .
acted, executed the instrument
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. (SEAL) (Name Of Person(s) Or Entities)
signature:
'rint Name Commission Expires
xhibit B
06/03/2003
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF RIVERSIDE AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE WEST HALF OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CALLE DURANGO AND AVENIDA
MONTEZUMA OF UNIT NO. 3 OF SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON
FILE IN BOOK 18, PAGE 59 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE
ALONG THE CENTERLINE OF AVENIDA MONTEZUMA, SOUTH 19° 28-3/8' EAST, 1.399.74 FEET;
THENCE SOUTH 170 33' 01" EAST, 421.33 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
ON THE WEST HALF OF LOT N OF UNIT NO. 17, SANTA CARMELITA AT VALE LA QUINTA, AS
SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA. SAID POINT ON A NONTANGENT CURVE, THE CENTER OF WHICH LIES SOUTH 78-
17' 44" WEST, 1,540.15 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF
1,220.35 FEET; THENCE SOUTH 330 41' 39" WEST, 489.20 FEET TO A POINT ON A CURVE,
CONCAVE TO THE EAST, HAVING A RADIUS OF 1,543.45 FEET; THENCE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 47- 05' 48", A DISTANCE OF 1,268.71 FEET;
THENCE SOUTH 130 24' 11" EAST, 791.42 FEET TO THE SOUTH LINE OF SAID SECTION 12;
THENCE SOUTH 890, 55' 53" EAST, 80.18 FEET ALONG SAID SOUTH LINE OF SECTION 12 TO THE
WEST LINE OF LOT Q OF UNIT NO. 19, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY
MAP ON FILE IN BOOK 19, PAGE 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHERLY ALONG SAID WEST LINE OF LOT Q TO THE SOUTHWEST CORNER OF LOT
O OF UNIT NO. 18, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK
19, PAGE 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY
ALONG THE WEST LINE OF SAID LOT O TO THE SOUTHEAST CORNER OF LOT N OF UNIT NO. 17,
SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89° 59' 00" WEST,
174.46 FEET ALONG THE SOUTH LINE OF SAID LOT N TO THE SOUTHWEST CORNER THEREOF;
THENCE NORTHERLY ALONG THE WEST LINE OF "N" TO THE TRUE POINT OF BEGINNING.
LOT N OF UNIT NO 17 OF SANTA CARMELITA AT VALE LA QUINTA, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 19,
PAGES 19 AND 20, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THAT PORTION OF SAID LOT N DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT N; THENCE SOUTH 890 57' 15" WEST,
193.87 FEET ALONG THE NORTH LINE OF LOT N TO THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 390 21' 30" EAST, 475..56 FEET ALONG THE WEST LINE OF SAID LOT N TO THE
BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 800.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 04' 09" A
DISTANCE OF 42.85 FEET TO A POINT OF A CUSP WITH A CURVE HAVING A RADIAL LINE OF
NORTH 780 17' 44" EAST, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1,540.15 FEET;
THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 070 46, 06" A
DISTANCE OF 208.82 FEET; THENCE NORTH 190 28' 22" WEST, 196.96 FEET TO A POINT ON THE
EAST LINE OF SAID LOT N;
THENCE NORTH 39' 21' 30" WEST, 19.44 FEET ALONG SAID EAST LINE OF LOT N TO THE POINT
OF BEGINNING
Exhibit B 06/03/2003
EXHIBIT "C"
Non -Foreign Affidavit
Section 1445 of the Internal Revenue Code of 1954, as amended ("Code"), provides that a
transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.
To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real
property interest by WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE
ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE,
AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A
CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, the undersigned
hereby certifies the following:
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign
estate (as those terms are defined In the Code and the Income Tax Regulations
promulgated thereunder);
2. The Transferor's U.S. employer identification number or social security number
is ✓ i ; and
3. The Transferor's office address or mailing address is
i
Y
The Transferor understands that this Certification may be disclosed to the Internal Revenue
Service by the Transferee and that any false statement contained herein could be punished by
fine, imprisonment, or both.
Under penalty of perjury we declare that we have examined this Certification and to the best of
our knowledge and belief it is true, correct, and complete, and further declare that we have
authority to sign this document on behalf of the Transferor.
SELLER
DATE: ✓
DATE:
DATE:
WILLIAM D. CALKINS AND LYNN R. KUNKLE,
CO -CONSERVATORS OF THE ESTATE OF
CHARLES BRIAN MURPHY, AS TO AN
UNDIVIDED 25% INTEREST; LYNN R.
KUNKLE, AN UNMARRIED MAN, AS TO AN
UNDIVIDED 25% INTEREST; AND AM
PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERS P, AS TO MDIV 509/0
INTEREST
BY:
BY:
BY:
Exhibit C
EXHIBIT "D"
DEED ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated May
29, 2003 from WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE
ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R.
KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM
PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50%
INTEREST, ("Seller"), to the City of La Quinta, a California municipal corporation ("City"), is
hereby accepted by the undersigned officer of the City on behalf of the City pursuant to authority
conferred by Resolution No. 2002-86, adopted by the City Council of the City on June 18, 2002,
and the City consents to recordation thereof by its duly authorized officer.
Dated:
CITY OF LA QUINTA, a California municipal
corporation
By:
City Manager
EXHIBIT D -16-
EXHIBIT "E"
GENERAL PROVISIONS
FORESITE ESCROW, INC.
1. Your duty to act as escrow holder shall not commence until these instructions, signed by all parties,
are received by you. Until such time either party may unilaterally cancel and, upon written request
delivered to you, a party may withdraw funds and documents such party previously handed to you.
2. All funds received in this escrow shall be deposited with a State or National bank with other escrow
funds. Make disbursements by your check: checks not presented for payment within six months after
date are subject to service charges in accordance with your schedule in effect from time to time. Make
all adjustments and prorations on the basis of a 30 day month. "Close of Escrow" as used in this
escrow means the date on which documents are recorded, unless otherwise specified. All documents
and funds due the respective parties herein are to be mailed to the addresses set out below their
respective signatures, unless otherwise instructed. Our signatures on any documents and instructions
pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made
herein for the payment of any sum, the delivery of any instrument for the performance of any act
"outside of escrow," you as escrow holder shall have no responsibility therefore, shall not be
concerned therewith and are specifically relived of any obligation relative thereto.
You shall not be responsible or liable in any manner for the sufficiency or correctness as to form,
manner of execution or validity of any documents deposited in escrow, nor as to the identity,
authority or rights of any person executing the same, either as to documents of record or those
handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and
documents received by you as escrow holder, and for the disposition of the same in accordance with
the written instructions accepted by you in this escrow. You shall not be required to take any action in
connection with the collection, maturity, or apparent outlaw of any obligations deposited in this
escrow, unless otherwise instructed.
4. Seller represents and warrants, and you shall be fully protected in assuming that, as to any insurance
policy handed you, such policy is in force, has not been hypothecated, and that all necessary
premiums therefore, have been paid. You will transmit for assignment any insurance policy handed
you for use in this escrow, but you shall not be responsible for verifying the acceptance of the
assignment and policy by the insurance company. ESCROW HOLDER WILL MAKE NO ATTEMPT TO
VERIFY THE RECEIPT OF THE REQUEST FOR ASSIGNMENT BY THE ISSUING COMPANY. You are hereby
placed on notice that if the insurance company should fail to receive said assignment, the issuing
company may deny coverage for any loss suffered by Buyer. IT IS THE OBLIGATION OF THE BUYER OR
HIS REPRESENTATIVE TO VERIFY THE ACCEPTANCE OF THE ASSIGNMENT OF THE POLICY BY THE
ISSUING COMPANY.
S. Deliver assurance of title, and insurance policies, if any, to holder of senior encumbrance or his order,
or if there be no encumbrances, then to the buyer or his order.
6. In the event that the conditions of this escrow have not been complied with at the expiration of the
time provided for herein, or any extension thereof, you are instructed to complete the same at the
earliest possible date thereafter, unless we or either of us has made written demand upon you for the
return of the money and/or instruments deposited by either of us, in which case you may withhold
and stop all further proceedings in this escrow without liability upon your part for interest on funds
held or for damages until written mutual cancellation instructions signed by all parties shall have been
deposited in the escrow, whereupon this escrow will without further notice be considered terminated.
EXHIBIT "E"
06/03/03
I
, O
7. NO NOTICE, DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW
UNLESS GIVEN IN WRITING BY ALL PARTIES AFFECTED THEREBY. In the event conflicting demands or
notices are made or served upon you or any controversy arises between the parties hereto, or with
third parties, growing out of or relating to this escrow, you shall have the absolute right to withhold
and stop all further proceedings in, and performance of, this escrow until you receive written
notification satisfactory to you of the settlement of the controversy by agreement of the parties
thereto, or by final judgment of a court of competent jurisdiction. All of the parties to this escrow
hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify
you and to hold you harmless from and against all litigation and interpleader costs, damages
judgments, attorney's fees, expenses, obligations and liabilities of every kind which in good faith, you
may incur or suffer in connection with or arising out of this escrow, whether said litigation,
interpleader, obligations, liabilities or expenses arise during the performance of this escrow, or
subsequent thereto, directly or indirectly.
8. You are hereby authorized to deposit any funds or documents handed you under these escrow
instruction, or cause the same to be deposited, with any duly authorized sub -escrow agent, subject to
your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient
for the consummation of this escrow.
9. All parties agree that as far as your rights and liabilities are involved, this transaction is an escrow and
not any other legal relation and you are an escrow holder only on the within expressed terms, and you
shall have no responsibility of notifying me or any of the parties to this escrow of any sale, resale,
loan, exchange, or other transaction involving any property herein described or of any profit realized
by an person, firm or corporation (broker, agent and parties to this and/or other escrow included) in
connection therewith, regardless of the fact that such transaction(s) may be handled by you in the
escrow or in another escrow. NO ACTION SHALL LIE AGAINST ESCROW HOLDER FOR ANY CLAIM, LOSS,
LIABILITY OR ALLEGED CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, HOWEVER, CAUSED
OR OCCURRED, UNDER THIS ESCROW OR IN CONNECTION WITH THE HANDLING OR PROCESSING OF
THIS ESCROW, UNLESS BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CLOSE OF ESCROW.
10. You are not to be concerned with the giving of any disclosures except as expressly required by Federal
or State law to be given by an escrow agent. Neither are you to be concerned with the effect of zoning
ordinances, land division regulations which may pertain to or affect the land improvements that are
the subject of this escrow.
11. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by
this escrow is not in violation of the Subdivision Map Act or any other law regulating land division, and
you as escrow holder are relived of all responsibility and/or liability in connection therewith, and are
not to be concerned with the enforcement of said laws.
12. In the event any Offer to Purchase, Deposit Receipt or any other form of Purchase Agreement is
deposited in this escrow, it is understood that such document shall be effective only as between the
parties signing said document. You as escrow holder are not to be concerned with terns of such
document and are relieved of all responsibility in connection therewith. You are to be concerned only
with the directives specifically set forth in the escrow instruction and amendments thereto, and are
not to be concerned or liable for items designated as "memoranda" in the within escrow instructions
nor with any other agreement or contract between the parties. You are authorized to furnish copies of
escrow instructions, supplements, amendments, or notices of cancellation and closing statements in
this escrow to real estate broker(s) and lender(s) referred to in this escrow. You are not required to
submit any title report issued in connection with this escrow to any party or agent unless directed to
do so by written mutual instructions. You may, however, do so without incurring liability to any party
for such submission. You are hereby authorized to submit such report to any proposed lender.
13. Time is of the essence of these escrow instruction. In the event of failure to pay fees or expenses due
you hereunder, on demand, I agree to pay a reasonable fee for any attorney's services which may be
required to collect such fees or expenses.
14. If a party to this escrow unilaterally assigns or orders the proceeds of this escrow to be paid to other
than the original parties to this escrow, such assignment or order shall be subordinated to the
expenses of this escrow, liens of record on the subject property, and payments directed to be made by
EXHIBIT "E"
06/03/03
original parties together. If the result of such assignment or order would be to leave the escrow
without sufficient funds to close, then you are directed to close nevertheless, and to pay such
assignments or orders only out of the net proceeds due except for such assignments or order, and to
pay them in the order in which such assignments or orders are received by you. You are to furnish a
copy of these instructions, amendments thereto, closing statements and or any other documents
deposited in this escrow to the lender or lenders and/or the real estate broker or brokers involved in
this transaction upon request of such lenders or brokers. in the event of an assignment or transfer of
interest by operation of law, with or without the approval or consent of any or all of the parties hereto,
you shall retain the right to deduct any and all escrow costs, fees and expenses provided for herein
from said assigned or transferred funds, properties or rights, said assignment or transfer
notwithstanding.
15. If there is no written activity by a principal delivered to this escrow within any six month period after
the time as set forth in the escrow instruction or written extension thereof, your agency obligation
shall terminate at your option and all documents, monies or other items held by you shall be returned
to the respective parties entitled thereto less fees and charges herein provided.
16. If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to
notify all principals and/or their respective agents of such nonpayment.
17. These instruction may be executed in counterparts, each of which shall be deemed an original
regardless of the date of its execution and delivery. All such counterparts together shall constitute
one and the same document.
18. The parties to these escrow instructions authorize you to destroy these instructions and all other
instructions and records in this escrow at anytime after five (5) years from date of close of escrow.
CITY:
CITY OF LA QUINTA, a California municipal
Corporation
CITY MANAGER
SELLER
WILLIAM D. CALKINS AND LYNN R. KUNKLE,
CO -CONSERVATORS OF THE ESTATE OF
CHARLES BRIAN MURPHY, AS TO AN
UNDIVIDED 25% INTEREST; LYNN R.
KUNKLE, AN UNMARRIED MAN, AS TO AN
UNDIVIDED 25% INTEREST; AND AM
PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP, AS TO AN UNDIVIDED 50%
INTEREST,
r
y,
BY:Z /V �
BY:
BY:
EXHIBIT Tit
06/03/03