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HomeMy WebLinkAbout; Alvarado Property Lake Calavera Gold Course; Alvarado Lake Calavera Golf Course; 1990-07-31CITY OF CARLSBAD — AGENDA BILL O cc Q. a. < o < _J o z o o AB# MTG. 10/9/90 nPPT. u/M ACQUISITION OF ASSESSORS PARCEL NO. 168-020-17 LOCATED IN THE LAKE CALAVERA GOLF COURSE AREA DEPT. HD._ CITY ATTYL^^^ Ciry MGR.^5!l_- RECOMMENDED ACTION: ^0 That the City Coimcil adopt Resolution No. authorizing the Mayor to execute the purchase and sale agreement and escrow instructions to acquire assessor's parcel number 168-020-17. ITEM EXPLANATION: On August 15, 1989, the City Council was advised by staff that a small parcel of land within the City's Lake Calavera ownership was privately owned and that the parcel was required for the proposed golf course. The Council authorized staff to obtain an appraisal of the subject property and to enter into negotiations to acquire the parcel. Subsequent to the Council's action staff contracted with Fuller & Associates, of Carlsbad, to appraise the value of the property. The appraiser determined that the estimated fair market value of the parcel was $15,500. The date of value was November 1, 1989. After review of the appraisal, staff extended a formal written offer to purchase the property to the owner, Mrs. Adelina L. Alvarado, for the sum of $15,500. Negotiations were undertaken but have proceeded slowly, principally because of Mrs. Alvarado's age (96). Also, Mrs. Alvarado was reluctant to sell, as the property has historical significance for her family. The property is a portion of the original Rancho Agua Hedionda Land Grant and Mrs. Alvarado is a direct descendent of the Marron family, the original recipients of the Land Grant. After many discussions, Mrs. Alvarado has responded to the City's offer and has offered to sell the property for $20,000, plus closing costs estimated to be $2,500. The price requested by Mrs. Alvarado, while approximately $7,500 higher than the estimated value, is considered reasonable, especially in view of the time that has elapsed since the appraisal date. Additionally the cost of condenmation, which could range between $10,000 and $15,000, is avoided. In addition, Mrs. Alvarado has requested that the City place a bronze placque somewhere on the property to commemorate the Rancho Agua Hedionda and the Marron family. Staff agrees that such an effort would be appropriate and are prepared to work with Mrs. Alvarado and the Carlsbad Historical Society to create an appropriate placque. PAGE 2 OF AB# FISCAL IMPACT: Cost to acquire the parcel is estimated to be $22,500, including closing costs. The cost to create the bronze placque should not exceed $500. Funds are available for this project in Fund No. 572-820-1890-3072. EXHIBITS: 1. Resolution No. "-^/^ 2. Summary, Acquisition Agreement and Escrow Instructions 3. Property plat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. APPROVING THE PURCHASE OF ASSESSORS PARCEL NO. 168-020-17 WHEREAS, the City Council of the City of Carisbad directed staff to begin negotiations for assessors Parcel No. 168-020-17 on August 15, 1989; and WHEREAS, the appraisal from Fuller & Associates estimated the value of the property at $15,500; and WHEREAS, the owners of the parcel have agreed to sell the parcel to the City for the sum of $20,000 and closing costs; and WHEREAS, the owners price appears to be appropriate in view of the time that has elapsed since the appraisal date; and WHEREAS, the City has sufficient funds in account number 572-820- 1890-3072 to pay for this purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the price of the property is fair and equitable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Council authorizes the Mayor to execute the acquisition agreement and escrow instructions and other documents related to the purchase of assessors parcel no. 168-020-17. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9thday of Oct. . 1990, by the following vote, to v/iv. AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) BETWEEN ADELINA L. ALVARADO AND THE CITY OF CARLSBAD July 31,1990 TABLE OF CONTENTS Page 1. Agreement of Sale/Price 1 2. Escrow 2 3. Closing Costs 3 4. Title 4 5. Commissions 5 6. Attorney • s Fees 5 7. Notices 5 8. Entire Agreement - Amendments 6 9. Successors 6 10. Assignment 6 11. Choice of Laws 6 12. Waiver of Covenant, Condition, or Remedy 6 13. Interpretation of Agreement 7 14. Survival 7 15. Time 7 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) This Agreement is made as of the day of , 19^0 . by and between ADELINA L. ALVARADO ("Seller") and THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer"). RECITALS: A. Seller is the Owner of that certain parcel of real property (the "Property") in the County of San Diego, State of California, described in Exhibit A attached hereto and by this reference incorporated herein, consisting of 1.28+ acres of vacant, unimproved land. B. Buyer desires to acquire the Property to allow the design and construction of a municipal golf course and other municipal purposes. C. The parties, in recognition of the foregoing and the CITY'S power of eminent domain, desire to enter into an agreement whereby Seller shall agree to sell and Buyer shall agree to buy the Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follows: 1. Agreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agrees 1 to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). The purchase price shall be paid by deposit of such sum into the escrow described in Paragraph 2 hereof in time to permit the closing thereof at the scheduled closing date. In no event shall said sum be deposited later than two (2) working days prior to the close of escrow. 2. Escrow. (a) Within three (3) business days after the execution of this Agreement by both parties, a signed copy of this Agreement shall be deposited by Seller with the Spring Mountain Escrow Corporation ("Escrow Holder") (Attn. Billie Schafer, Escrow Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to open an escrow to complete the purchase and sale herein contemplated. Reference herein to the opening of escrow shall mean the date that a copy of this Agreement is deposited with Escrow Holder. By such deposit. Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement, which Agreement, together with Escrow Holder's standard general provisions which are attached hereto as Exhibit B and by this reference are incorporated herein, shall constitute Escrow Holder's escrow instructions. Seller and Buyer shall each deposit such other instruments and funds as are necessary to close the Escrow and complete the sale and purchase of the Property in accordance with the terms hereof. (b) This escrow is scheduled to close on or before August 31, 1990. Time is specifically a matter of essence with respect to the closing and, notwithstanding anything to the contrary in the printed escrow instructions incorporated in this Agreement, the closing date may not be extended except by mutual consent of the parties. (c) Buyer shall have the option, which shall be exercised on or before August 17, 1990 to terminate this Agreement and all of its obligations incurred in connection herewith without liability of any kind, except that if Buyer should elect to exercise its option to terminate. Buyer shall pay all costs to terminate the escrow and legal fees incurred by SELLER. 3. Closing Costs. Closing costs shall be borne by the Buyer and Seller as follows: BUYER SELLER Escrow Fees 100% 0% Title Insurance Policy 100% 0% Documentary Transfer Tax 100% 0% Recording Fees 100% 0% Other Closing Costs 100% 0% Property taxes will be prorated to the date of the close of escrow and Seller will be responsible for paying for all delinquent and non-delinquent property taxes. Buyer will take the steps required to cancel property taxes after the date of the close of escrow. 4. Title. (a) Attached hereto as Exhibit C and by this reference incorporated herein is Continental Land Title Company Preliminary Title Report number 138206-05, dated July 28, 1989, which covers the Property. Seller has agreed to convey title to the Property to Buyer and Buyer agrees to accept title from Seller subject only to exceptions numbered three (3) four (4) and five (5) set forth in said Preliminary Title Report which affect the Property, which consist of a pipeline easement, amendments to a covenant and a note regarding access to the Property, only. All other exceptions in said Preliminary Title Report must be eliminated prior to close of escrow. Immediately after the opening of escrow. Buyer shall obtain a current preliminary title report from Continental Land Title Company showing the current state of title to the Property. Buyer shall have the right to disapprove any exception shown on such report that is not shown on the report attached hereto as Exhibit C. In the event that Buyer objects to any such additional exceptions and Seller is unable to eliminate such exceptions. Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to such additional exceptions or to terminate the escrow and all of its liabilities hereunder. (b) At the closing. Seller shall deposit into the escrow a Grant Deed fully executed and in recordable form sufficient to convey to Buyer fee title to the Property. Said deed shall recite that title is conveyed subject to only those liens, leases, easements, encumbrances, covenants, conditions and restriction and other matters of record set forth in subparagraph 4(a) above or which may be approved by Buyer in accordance with subparagraph 4(a), above. (c) At the close of escrow and as a condition thereto. Continental Land Title Company shall agree to issue a CLTA Standard Coverage Owner's Policy of Title Insurance, with liability in the amount of the purchase price for the property, showing title to the Property vested in Buyer or its designee, subject only to the exceptions approved by Buyer pursuant to subparagraph 4(a) above. 5. Commissions. Buyer and Seller each represent to the other that they have not entered into any agreement or incurred any obligation which might result in the obligation of the other party to pay a sales or brokerage commission or finder's fee on this transaction and agree to indemnify, defend and hold each other harmless in the event such representations shall prove to be untrue. 6. Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including reasonable attorney's fees. 7. Notices. All notices under this Agreement shall be effective upon personal delivery to Seller, Buyer or Escrow Holder, as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage full prepaid and addressed to the respective parties as follows: To Seller: Adelina L. Alvarado 2 00 Olive Avenue—#2 vista, CA 92083 To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Director To Escrow Holder: Spring Mountain Escrow Corporation 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer or to such other address as the parties may from time to time designate in writing. 8. Entire Agreement - Amendments. This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purposes. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties hereto, except that any modifications which relate to the adjustment of time limitations (except the closing date) or to the form of documents may be made by legal counsel to the parties. 9. Successors. The terms, covenants and conditions of the Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective parties hereto. 10. Assignment. Buyer may not assign its rights hereunder without the prior written consent of Seller. 6 11. Choice of Laws. This Agreement shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. 12. Waiver of Covenant, Condition, or Remedy. The waiver by one party of the performance of any covenant, condition, or promise shall not invalidate this Agreement nor shall it be considered a waiver by him of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 13. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organization are for convenience and shall not be used in construing meaning. The language of this Agreement shall not be construed for or against either party. 14. Survival. This Agreement shall survive the close of escrow and shall remain a binding contract between the parties hereto. 15. Time. Time is of the essence of this Agreement, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the date first above written. THE CITY a mun By_ CARLSBAD, c*rp2ff at CLAUDE A. LEWIS,'' MAYOR Aletha L. Rautenkranz, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney 7-30.9^>. ADELINA L. ALVARADO KOTA?(Y PUBLIC - CAu:cr.;;:A OFFICIAL SEAL SALLY a MARTINEZ NOTARY PUBUC-CAUFORNIA SAN OIEGO COUNTY My comm. exolras MAY 30.1992 LEGAL DESCRIPTION ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16$ 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE SOUTH 74''39*00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54''35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. 3ring Mountain Escrow Corporation Escrow No. GENERAL PROVISIONS IT IS MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW. JOINTLY AND SEVERALLY. THAT: The dose of escrow shall be the day documents deposited in this escrow are recorded. If the conditions of this escrow have not been complied with at the time provided for in these instructions, you are nevertheless to complete this escrow as soon as the conditions (except as to time) have been complied with, unless a written demand for the return of money and/or instruments by a party to this escrow Is received by you prior to the recording of any instrument provided for in these instructions. No notice, demand, or change of instructions shall be of any effect unless given to you in writing and approved in writing by ail parties affected by the same. If, before or after recording documents, you receive or become aware of any conflicting demands or claims (hereafter, "conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or property deposited or affected, you shall have the right to discontinue further performance on your part until the conflict is resolved to your satisfaction, in addition, you shall have the right to commence or defend any action or proceeding you deem necessary forthe determination . of the conflict. A conflict shall be deemed to be your receipt of unilateral instructions or mutual instructions from some, but not . ali of the parties to this escrow. Should any controversy arise between the parties to this escrow or with any third person, you shall not be liable to take any . action of any l^ind, but may withhold all moneys, securities, documents or other things deposited into escrow until such . controversy has been determined by agreement of the parties or by legal process. In the event any action is commenced to determine a conflict or otherwise to enforce or declare the provisions of these . instructions or to rescind them including, but not limited to: a suit in interpleader, whether or not the action is prosecuted to final . judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party in any such action; or If It . becomes necessary or desirable for you to obtain legal advice with respect to a confiict or on account of any matter or thing . arising out of or in any way related to these instructions, whether or not suit Is actually commenced, the parties to this escrow . jointly and severally agree to pay all of your costs, damages, judgments and expenses, including attorneys' fees, incurred by you . in connection with the same. It is understood that the fees agreed to be paid for your services are for ordinary and usual services oniy, and should there be . any extraordinary or unusual services rendered by you, the undersigned agree to pay reasonable compensation to you for such . extraordinary or unusual services, together with any costs and expenses which may be incurred by you in connection with the I. same: and you are hereby given a lien upon all documents, moneys and securities deposited in this escrow untii you have been so I. compensated or reimbursed. It is understood that in the event this escrow is cancelled, you wili receive compensation for such I. services as you have rendered in connection with this escrow. Escrow holder shall not be held liable for sufficiency or correctness as to form, manner or execution or validity of any !. document deposited into escrow, nor as to the identity, authority, or rights of any person executing them, nor for failure of any I. party to this escrow to comply with any of the provisions of any agreement, contract or other instrument filed or referred to in \. these instructions. The duties of escrow holder shall be limited to the safeiteeping of money, instruments or other documents >. received by escrow holder and for the disposition of them in accordance with the written instructions accepted by escrow holder. >. The l^nowledge of escrow holder of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to the responsibility of escrow holder under these instructions. ). Escrow holder shall not be obligated to maite any physical examination of any real or personal property described in any ). document deposited Into this escrow. The parties agree escrow holder is not malting any represehtationswhatsoever regarding ). said property. t. Escrow holder shali be under no obligation or liability for failure to inform the parties to this escrow regarding any sale, loan, I. exchange, or other transaction of facts within the itnowledge of escrow holder conceming the herein described property, provided 3. i( does not prevent escrow holder's compliance with these instructions. 4. Escrow holder shall not be concerned with giving any disclosures required by Federal or State law, including, but not limited 5. to, any disclosures required under Regulation Z pursuant to the Federal Consumer Credit Protection Act, the effect of any zoning 6. laws, ordinances or regulations affecting any other property described in this escrow. The undersigned jointty and severally 7. agree to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by either party or their 8. respective agents or the faiiure of the parties to this escrow to compiy with the rules and/or regulations of any governmental 9. agency, state, federal, county, municipai or otherwise. Parties to this escrow have satisfied themselves outside escrow that this 0. transaction is not in violation of the Subdivision Map Act or any other law relating to land division, and escrow hoider is relieved of 1. aii responsibility and/or liability in connection with the same and is not to be concerned with the enforcement of said laws. 2. You are authorized and instructed to utilize the services of a sub-escrow agent, within the scope of Section 1738.4,.5 of the 3. California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necessary. 4. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brolters as may be requested 5. by them, including, but not limited to copies of all instructions and closing statements in this escrov^.' Escrow is authorized to 6. accept funds deposited to our account by our broker or agent without further authorization. 7. All deposits made by the parties to this escrow shall be deposited by escrow holder in an account designated as "Escrow S. Trust Account" with any local bank, without any liability for interest. All disbursements shall be made by check of escrow holder 9. drawn on said account Escrow holder shall not be obligated to identify or to guarantee the signature of any payee on said 0. checks. All documents and checks in favor of the parties shall be mailed, unregistered, to the addresses of the respective parties 1. set forth in these instructions. 2. These instructions may be executed in counterparts, each shall be deemed an original regardless of the date executed anc 3. delivered, and said counterparts shall constitute one and the same instrument 14. The signature of the undersigned hereon and onany document(s) and instrument(s) pertaining to this escrow indicates Uiei 5. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge receipt of a copy of thcr uuNtrtENTAL LAND TITLE COMPA.,. A SUBSIDIARY OF I AWYERS TITLE INSURANCE CORPORATION A 4542 RuFFNER STREET SAN DIEGO, CALIFORNIA 92111 AUG 1989 ( 6 1 9 ) 2 7 8 - 4 1 71 Received utility/ Maintenance CITY OF CARLSBAD 2075 LAS PALMAS DR. CARLSBAD, CALIFORNIA ATTENTION: RALPH ANDERSON YOUR NO. ALVARADO OUR NO. 138206-05 DATED AS OF JULY 28, 1989 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO ' lABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Cx] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY Cl 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [] A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM^>-j ^ ^ ANDRE PITCHFORDJRICK BAIRD, TITLE OFFICER SCHEDULE A ORDER NO. 138206-05 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADELINA L. ALVARADO, A WIDOW THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION SCHEDULE B ORDER NO. 138206-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 OF DEEDS AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LOT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SECTION 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERI- DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THENCE SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP II SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALONG SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 27, 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST PARALLEL TO THE SOUTH LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUA HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NO. 3 TO THE POINT OF BEGINNING, ALL IN TRACT "D" OF RANCHO AGUA HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGUA HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DEEDS -JHg-i^LE B PAGE NO. 2 ^R'tstR NO. 138206-05 5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $20.09 PAID PENALTY: $NONE 2ND INSTALLMENT: $20.09 PAID PENALTY: $NONE EXEMPTION: $NONE LAND: $3,857.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $N0NE CODE AREA: 09015 ASSESSOR'S NO: 168-020-17 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) BETWEEN ADELINA L. ALVARADO AND THE CITY OF CARLSBAD July 10,1990 TABLE OF CONTENTS Page 1. Agreement of Sale/Price 1 2. Escrow 2 3. Closing Costs 3 4. Title 4 5. Commissions 5 6. Attorney's Fees 5 7. Notices 5 8. Entire Agreement - Amendments 6 9. Successors 6 10. Assignment 6 11. Choice of Laws 6 12. Waiver of Covenant, Condition, or Remedy 6 13. Interpretation of Agreement 7 14. Survival 7 15. Time 7 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) This Agreement is made as of the day of 19 , by and between ADELINA L. ALVARADO ("Seller") and THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer"). RECITALS: A. Seller is the Owner of that certain parcel of real property (the "Property") in the County of San Diego, State of California, described in Exhibit A attached hereto and by this reference incorporated herein, consisting of 1.28+ acres of vacant, unimproved land. B. Buyer desires to acquire the Property to allow the design and construction of a municipal golf course and other municipal purposes. C. The parties, in recognition of the foregoing and the CITY'S power of eminent domain, desire to enter into an agreement whereby Seller shall agree to sell and Buyer shall agree to buy the Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follows: 1. Agreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agrees 1 to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). The purchase price shall be paid by deposit of such sum into the escrow described in Paragraph 2 hereof in time to permit the closing thereof at the scheduled closing date. In no event shall said sum be deposited later than two (2) working days prior to the close of escrow. 2. Escrow. (a) Within three (3) business days after the execution of this Agreement by both parties, a signed copy of this Agreement shall be deposited by Seller with the Spring Mountain Escrow Corporation ("Escrow Holder") (Attn. Billie Schafer, Escrow Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to open an escrow to complete the purchase and sale herein contemplated. Reference herein to the opening of escrow shall mean the date that a copy of this Agreement is deposited with Escrow Holder. By such deposit, Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement, which Agreement, together with Escrow Holder's standard general provisions which are attached hereto as Exhibit B and by this reference are incorporated herein, shall constitute Escrow Holder's escrow instructions. Seller and Buyer shall each deposit such other instruments and funds as are necessary to close the Escrow and complete the sale and purchase of the Property in accordance with the terms hereof. (b) This escrow is scheduled to close on or before August 17, 1990. Time is specifically a matter of essence with respect to the closing and, notwithstanding anything to the contrary in the printed escrow instructions incorporated in this Agreement, the closing date may not be extended except by mutual consent of the parties. (c) Buyer shall have the option, which shall be exercised on or before August 7, 1990 to terminate this Agreement and all of its obligations incurred in connection herewith without liability of any kind, except that if Buyer should elect to exercise its option to terminate. Buyer shall pay all costs to terminate the escrow and legal fees incurred by SELLER. 3. Closing Costs. Closing costs shall be borne by the Buyer and Seller as follows: BUYER SELLER Escrow Fees 100% 0% Title Insurance Policy 100% 0% Documentary Transfer Tax 100% 0% Recording Fees 100% 0% Other Closing Costs 100% 0% Property taxes will be prorated to the date of the close of escrow and Seller will be responsible for paying for all delinquent and non-delinquent property taxes. Buyer will take the steps required to cancel property taxes after the date of the close of escrow. 4. Title. (a) Attached hereto as Exhibit C and by this reference incorporated herein is Continental Land Title Company Preliminary Title Report number 138206-05, dated July 28, 1989, which covers the Property. Seller has agreed to convey title to the Property to Buyer and Buyer agrees to accept title from Seller subject only to exceptions numbered three (3) four (4) and five (5) set forth in said Preliminary Title Report which affect the Property, which consist of a pipeline easement, and, only. All other exceptions in said Preliminary Title Report must be eliminated prior to close of escrow. Immediately after the opening of escrow, Buyer shall obtain a current preliminary title report from Continental Land Title Company showing the current state of title to the Property. Buyer shall have the right to disapprove any exception shown on such report that is not shown on the report attached hereto as Exhibit C. In the event that Buyer objects to any such additional exceptions and Seller is unable to eliminate such exceptions. Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to such additional exceptions or to terminate the escrow and all of its liabilities hereunder. (b) At the closing. Seller shall deposit into the escrow a Grant Deed fully executed and in recordable form sufficient to convey to Buyer fee title to the Property. Said deed shall recite that title is conveyed subject to only those liens, leases, easements, encumbrances, covenants, conditions and restriction and other matters of record set forth in subparagraph 4(a) above or which may be approved by Buyer in accordance with subparagraph 4(a), above. (c) At the close of escrow and as a condition thereto. Continental Land Title Company shall agree to issue a CLTA Standard Coverage Owner's Policy of Title Insurance, with liability in the amount of the purchase price for the property, showing title to the Property vested in Buyer or its designee, subject only to the exceptions approved by Buyer pursuant to subparagraph 4(a) above. 5. Commissions. Buyer and Seller each represent to the other that they have not entered into any agreement or incurred any obligation which might result in the obligation of the other party to pay a sales or brokerage commission or finder's fee on this transaction and agree to indemnify, defend and hold each other harmless in the event such representations shall prove to be untrue. 6. Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including reasonable attorney's fees. 7. Notices. All notices under this Agreement shall be effective upon personal delivery to Seller, Buyer or Escrow Holder, as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage full prepaid and addressed to the respective parties as follows: To Seller: Adelina L. Alvarado 200 Olive Avenue—#2 Vista, CA 92083 To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Director To Escrow Holder: Spring Mountain Escrow Corporation 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer or to such other address as the parties may from time to time designate in writing. 8. Entire Agreement - Amendments. This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purposes. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties hereto, except that any modifications which relate to the adjustment of time limitations (except the closing date) or to the form of documents may be made by legal counsel to the parties. 9. Successors. The terms, covenants and conditions of the Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective parties hereto. 10. Assignment. Buyer may not assign its rights hereunder without the prior written consent of Seller. 11. Choice of Laws. This Agreement shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. 12. Waiver of Covenant, Condition, or Remedy. The waiver by one party of the performance of any covenant, condition, 6 or promise shall not invalidate this Agreement nor shall it be considered a waiver by him of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 13. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organization are for convenience and shall not be used in construing meaning. The language of this Agreement shall not be construed for or against either party. 14. Survival. This Agreement shall survive the close of escrow and shall remain a binding contract between the parties hereto. 15. Time. Time is of the essence of this Agreement, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the date first above written. THE CITY OF CARLSBAD, a municipal corporation By_ ATTEST! ADELINA L. ALVARADO Aletha L. Rautenkranz, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney APPRAISAL REPORT VACANT 1.28 ACRE SITE ASSESSOR'S PARCEL NO. 168-020-17 CARLSBAD, CALIFORNIA ADELINE L. ALVARADO Date Of Report: December 7, 1989 Date Of Value: Novennber 1, 1989 Submitted to: Mr. Ralph Anderson Director of Utilities and Maintenance City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Submitted by: Fuller & Associates 5122 Avenida Encinas Suite B Carlsbad, California 92008 ORANGE COUNTY SUITE e 3BOO EAST COAST HIGHWAY CORONA DEL MAR, CALIFORNIA SZBZ5 AREA CODE 7I-* TELEPHONE 673-3772 FULLER & ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS RICHARD A. FULLER, MAI TELECOPIER (7I4) 673-523-* December 7, 1989 SAN DIEGO COUNTY SUITE B 5122 AVENIDA ENCINAS CARLSBAD, CALIFORNIA 9200S AREA CODE 619 TELEPHONE 434-7050 Mr. Ralph Anderson Director of Utilities and Maintenance City of Carlsbad 2075 Las Palmas Drive Carisbad, California 92009 Re: Appraisal of vacant 1.28 acre site, Assessors Parcel No. 168-020-17, Carlsbad, Caiifornia Adeline L. Alvarado Dear Mr. Anderson: In accordance with our proposal dated September 7,1989, and your purchase order, P.O. No. 8898, dated September 18, 1989, we have made an examination of the above- referenced property, for the purpose of estimating its fair market value, as of November 1, 1989. As a result of this investigation and an analysis of matters pertinent to the property's value, we have concluded that the fair market value thereof, as of said date, was $15,500. FAIR MARKET VALUE FIFTEEN THOUSAND FIVE HUNDRED DOLLARS Your attention is invited to the accompanying report, where is set out a summary of descriptions, factual data, corrrpot^ions, photographs, analyses, limiting conditions, and discussions, from whicjxln part, thes valuation conclusion was derived. Respecnully sC^mittea, ichacd A. FbiJler,\MAI ndrew Brooks RAF/AB:jhz 89-28 TABLE OF CONTENTS Title Page Letter of Transmittal Table of Contents Qualifications Certification Introduction: Page Purpose of the Appraisal Use of the Appraisal Definition of Market Value Nature of Interest Appraised Assumptions and Limiting Conditions Property Description: Identification Location Apparent Owners Property History Legal Description Parcel Size and Shape Access and Streets Community Neighborhood and Surrounding Influences Pertinent Conditions of Title Contour and Drainage Soils Land Use Utilities Assessed Valuation Present Use Highest and Best Use Valuation: 1 1 1 1 2 4 4 4 4 4 4 5 5 7 7 7 8 8 12 13 13 13 Method of Valuation Scope of Market Data Search Market Data Comparative Criteria Comparison to the Subject Property Correlation of Market Data Conclusion 15 15 15 15 15 18 19 FULLER & ASSOCIATES Market Data: Items 1 through 8 Addenda: Preliminary Title Report Topographic Survey FULLER & ASSOCIATES QUALIFICATIONS OF RICHARD A. FULLER. MAI APPRAISER AND CONSULTANT Orange County San Diego County Suite 6 Suite B 3800 East Coast Highway 5122 Avenida Encinas Corona del Mar, California 92825 Carlsbad, California 92008 (714) 673-3772 (619) 434-7050 Education: Degrees: University of Southern California B.S. 1961 University of Southern California M.B.A. 1963 Special Appraisal Courses: American Institute of Real Estate Appraisers: Theories and Principles 1965 Real Estate Appraisal Problems 1971 Single Family Properties 1971 Leasehold Interests 1972 Litigation Valuation 1981 Professional: Member, American Institute of Real Estate Appraisers 1972 Member, California Association of Realtors 1984 Member, National Association of Realtors 1972 Member, International Right of Way Association 1986 Expert Witness: Superior Court of California: County of Orange County of Riverside County of San Diego United States District Court: Central District of California Circut Court of Oregon: County of Douglas Classification: California Savings and Loan - Class IV Licenses: State of California: Real Estate Broker (Active) General Building Contractor (Inactive) State of Oregon: Real Estate Appraiser (Inactive) Experience: Real Estate Appraiser - Associated with American Savings and Loan Association Real Estate Appraiser - Associated with George Hamilton Jones, MAI Independent Real Estate Appraiser Fuller & Associates Credentials: California Community College - Real Estate Faculty: Instructor, Advanced Appraisal. Mira Costa College Instructor, Advanced Appraisal. Orange Coast College Senior Lecturer, Real Estate Valuation. University of Southern California Instructor, Real Estate Development. Lane Community College Approved Faculty Member, Capitalization Theorv and Techniques. Case Studies in Real Estate Valuation Analvsis and Report Writing. Basic Valuation Procedures. American Institute of Real Estate Appraisers 1966 1970 1980 1964 - 1966 1966 - 1970 1970 - Present Lifetime 1973 - 1974 1974 - 1975 1976 - 1977 1980 1983 - 1989 Publications: "Appraisal of a Proposed Residential Subdivision Development", Encyclopedia of Real Estate Appraising. Third Ed., Published in 1978, Prentice Hall, Inc. Partial Ust of Clients: Legal and Accounting Firms: Belcher, Henzie & Biggenzahn Butler, Husk, Gleaves & Swearingen Carlile & McDonough Cox, Castle & Nicholson John C. Cushman Daubney, Banche, Patterson, O'Neal, Nares & Reed Drummy, Garrett, King & Harrison Endeman, Lincoln, Turek & Heater Ernst & Whinney Flint & McKay Higgs, Fletcher & Mack Jennings, Engstrand & Henrikson Johnson, Bannon, Wohlwent & Johnston Michael Kenney Krusemark & Bertani Layman, Jones & Dye George Lenahan Manoukian, Scarpello & Ailing, Ltd. Martin, Bischoff, Templeton, Biggs & Ericsson McColgan & Vanni Minihan, Kernutt, Stokes & Company Raphael Metzger O'Melveny & Myers Paone, Callahan, McHolm & Winton Paul, Hastings, Janofsky & Walker Penney and Penney Poindexter & Doutre Price Waterhouse & Company Roberts, Cormack & Johnson Rogers & Wells Rutan & Tucker Tully H. Seymour Saxon, Alt, Dean, Mason, Brewer & Kincannon Simon & Sheridan Robert Waldron Wallace & Deatherage Wenke, Burge & Taylor Wright, Finley & Behrens III Banks and Savings and Loan Associations: Alcal Financial Corporation Central Savings & Loan Coast Savings & Loan Crocker National Bank Farmers Savings and Loan Association Financial Federation First Credit Bank Great Western Bank Home Capital Corporation Home Savings of America Imperial Savings and Loan Association Newport Balboa Savings San Diego Trust & Savings Santa Ana First Federal Savings and Loan Association Santa Monica Bank Sears Savings Bank Security Pacific National Bank Sterling Savings and Loan Surety Savings and Loan Association Torrey Pines Bank Wells Fargo Bank Corporations: Acme Rents, Inc. Aluminum Precision Products AMFAC Garden Products Beacon Oil Company Best Western Hotels Beckman Instruments Catalina Swimwear Celanese Corporation Chevron U.S.A., Inc. Cities Services Company Dairyland Insurance Company Deutsch Company Electra Motors Eugene Sand and Gravel, Inc. Fireman's Fund Guild Mortgage Company Gulf and Western Corporation Hartford Accident and Indemnity Company Hercules, Inc. Hughes Aircraft Corporation Interstate Brands Corporation Liggett and Myers Corporation McCullough Oil Corporation McKesson Corporation Meade Instruments Pacific Mutual Life Insurance IV Prudential Property Insurance Retirement Center of America Retlaw Enterprises, Inc. Royal Insurance Company Salomon Brothers Standard Oil Company of California Stone & Youngberg U.S. Amada Village Green Corporation Western Electric Corporation Woolley Enterprises, Inc. Churches and Foundations: Father Flanagan's Boys' Home Foundation to Assist California Teachers Sherman Foundation The Church of Jesus Christ of Latter-Day Saints Hospitals: Greater El Monte Community Hospital Hoag Memorial Hospital Kaiser Permanente McKensie-Willamette Hospital Sacred Heart General Hospital Southcoast Medical Center Tri-City Hospital Government Agencies: City of Carlsbad City of Corvallis City of Del Mar City of Laguna Beach City of Newport Beach City of Oceanside City of Pomona City of Roseburg City of Santa Ana Costa Real Municipal Water District County of Orange Federal Aviation Administration Federal Deposit Insurance Corporation Federal Savings & Loan Insurance Corporation Internal Revenue Service State of California United States Postal Service Real Estate: Aldor Corporation American Diversified Companies Barratt Irvine Beacon Bay Community Association Bentall Development Robert Bein, William Frost & Associates Betker-Fredricks Development Company BSI Cedra Properties Chevron Land and Development Company Coldwell Banker Management Corporation Continental Mortgage Insurance Dalebout Association Daon Corporation DiGiorgio Corporation Hermosa Homes Huntington Beach Company Investors Mortgage Insurance Company The Irvine Company Lawyers Title Company The Lusk Company Manchester Development Mission Equity Ord Properties Safeco Title Insurance Company Standard Pacific LP. Signal Landmark, Inc. Techbilt Construction Corporation Title Insurance and Trust Company Transamerica Title Insurance Company William Lyon Company Schools: Eugene School District No. 4-J Oceanside Unified School District Brigham Young University Mountain View School District Pepperdine University Saddleback Community College Scripps College Solona Beach School District Utilities: Eugene Water and Electric Board Pacific Northwest Bell Southern California Edison Company VI Appraisal Functions Include: Acquisition Bankruptcy Bond Rnancing Condemnation Disposition Donation Estate Tax Appeal Exchange Excess Land Federal Grants Foreclosure Ground Rental Revaluation Income Tax Appeal Inverse Condemnation Litigation Mortgage Financing Negotiation Park in Lieu Fees Partnership Dissolution Portfolio Review Redevelopment Partial List of Appraisal Assignments: Public: Airport Extensions, Assessment Districts, Corporate Yards, Dedicated Streets, Electrical Transmission R/W's, Improvement Districts, Libraries, Open Space Properties, Park Sites, Prisons, Post Office Sites, Public Right- of-Way Dedications, Railroad R/W's, Recreation Centers, Reservoir Sites, Sanitary Land Fills, Sanitation Line R/W's, Sanitation Easements, School Sites, Sewer Easements, Sewage Treatment Sites, Storm Drain Easements, Street Widenings, Transportation Centers, Water Line R/W's. Private: Agricultural Acreage, Apartment Buildings, Automobile Dealerships, Banks, Bulk Plants, Church Sites, Commercial Buildings, Condominium Projects, Equestrian Centers, Historical Buildings, Industrial Buildings, Industrial Subdivisions, Marinas, Medical Buildings, Mobile Home Parks, Motels, Ocean Front Properties, Office Buildings, Office Condominiums, Parking Lots, Private Beaches, Ranches, Residential Subdivisions, River Front Properties, Sand and Gravel Lands, Service Stations, Shopping Centers, Subdivision Acreage, Tennis Clubs, Tidelands, Trucking Facilities. VII Partial Ust of Special Appraisal Assignments: Coyote Hills West - 292.6 acre residential development located in Fullerton. (Chevron Land and Development Company) Deutsch Ranch - 250 acre ranch located in Oceanside. (Deutsch Co.) 4-S Ranch - 634 acre Specific Plan Area in North San Diego County. (Ralphs Family) Gvpsum Canyon - 2,678 acre undeveloped acreage in Orange County. (The Irvine Company) Indian Head Ranch - Portion of a 640 acre desert subdivision located in Borrego Springs. (The DiGiorgio Corporation) Ivey Ranch - 750 acre planned unit development located in Oceanside. (The Estate of LO. Ivey and Home Federal Savings & Loan) James Musick Facility -100 acre prison facility with potential industrial farm uses located in El Toro. (The Irvine Company) John Wayne Tennis Club - Tennis club located in Newport Beach. (Ticor) Laguna Niguel - 4,600 acre planned unit development in Southern Orange County. (Avco Community Developers) Montebello Town Center - Regional shopping center located in Montebello. (Chevron, U.S.A.) Newberry Ranch - 2,260 acre remote desert parcel. (Father Flanagan's Boys' Home) Norco Hills/Woodlake Development - 712 acre residential development located in Corona. (Grant/Owen) Rancho Bernardo - 986 acres within a planned unit development in North San Diego County. (McCullough Oil Corporation) Reeves Ranch - 490 acre residential development located' in San Clemente. (The Church of Jesus Christ of Latter Day Saints) Retlaw Ranch - Six ranches totaling 3,605 acres located in Riverside, Los Angeles, and San Diego Counties. (Retlaw Enterprises, Inc.) Shadow Ridge - 189.3 acre (Phase I and II) residential development located in Vista. (Daon Corporation) VIM Interests Appraised: Fee Simple Estate Leased Fee Estate Leasehold Estate Sandwich Interest Richard A. FulleKMAI (October, 1989) IX QUALIFICATIONS QF ANDREW U. BROOKS Orange County San Dieao County Suite 6 Suite B 3800 East Coast Highway 5122 Avenida Encinas Corona del Mar, California 92625 Carlsbad, California 92008 (714) 673-3772 (619) 434-7050 Education: Degrees: B.S. Stanford University 1984 M.S. Stanford University 1985 Real Estate CoursRR- American Institiitfi of Real Estate Appraisers: Real Estate Appraisal Principals (1A-1) Basic Valuation Procedures (1A-2) Standards of Professional Practice (SPP) Capitalization Theory and Techniques, Part A (1B-A) Capitalization Theory and Techniques, Part B (1 B-B) Case Studies in Real Estate Valuation (2-1) Others: Real Estate Principals Real Estate Appraisal Legal Aspects of Real Estate Real Estate Rnance Business Law Real Estate Practice Property Management Licenses: California Real Estate Broker Professional Affiliations: American Institute of Real Estate Appraisers - MAI Candidate Experience: Real Estate Appraiser 1986 - Present Fuller & Associates Richard A. Fuller, MAI Partial Ust of Appraisal Assignments: 600 Acre Mixed Use Development: 600 acre mixed use development comprised of industrial, commercial, and residential sites located in Rancho Bernardo. (4S Partners) Residential Lot Pricing Study: Market pricing study for 16 custom residential lots within Irvine Cove, Laguna Beach. (The Irvine Company) Anaheim Office Building: 37,000 sq.ft. office building located in Anaheim. (Kaiser Permanente) Regional Shopping Center Site: Leased fee regional shopping center site located in Montebello. (Chevron, U.S.A.) Retail/Office Complex: Retail/office complex located on Newport Boulevard, Newport Beach. (Newport Balboa Savings) Orange Countv Office and Industrial Buildings: One office and three industrial buildings located in Orange, Irvine and Huntington Beach. (LDS Church) Waterfront Residence: Single-family bayfront residence located in Newport Beach. (City of Newport Beach) Right of Wav Condemnation: Condemnation of land for road right of way purposes, Laguna Niguel. (Mission Equities) Proposed Mid-rise Office Building: Proposed 3 story, 38,600 sq.ft. office building located in Rancho Santa Margarita. (Manchester Development/La Jolla Bank and Trust) 11 Residential Duplex: Residential duplex located on Newport Peninsula. (City of Newport Beach) 87 Acre Floodwav Site: 87 acre site within the floodplain of the San Dieguito River, San Diego. (FSLIC) Citv of Oceanside Improvement District: 3330 acre Morro Hills Improvement District for financing of water facilities. (City of Oceanside/Seidler, Rtzgerald Public Rnance) Leased Fee Industrial Parrel- Leased fee interest of industrial parcel in Kearny Mesa. (San Diego Trust & Savings Bank) Water Reservoir Site: Partial taking of land for proposed water reservoir site located in Carlsbad. (Costa Real Water District) Corona del Mar Residential I nf Hillside residential lot located in Corona del Mar. (City of Newport Beach) Proposed Residential Development: 384 unit single family residential development in Sun City. (Ord Properties) Andrew U. Brooks (December, 1989) 111 CERTIFICATION We, the undersigned, do hereby certify that to the best of our knowledge and belief except as otherwise noted in this report: 1) That the statements of fact contained in this report are true and correct. 2) That the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, unbiased professional analyses, opinions, and conclusions. 3) That we have no present or prospective interest in the properties that are the subject of this report, and we have no personal interest or bias with respect to the parties involved. 4) That our compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 5) That our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the American Institute of Real Estate Appraisers, of which Mr. Fuller is a member. 6) That the use of this report is subject to the requirements of the American Institute of Real Estate Appraisers relating to review by its duly authorized representatives. 7) That we have made a personal inspection of the properties that are the subject of this report. 8) That no one provided significant professional assistance to the persons signing this report. 9) That Mr. Fuller is cujiently certified under the continuing education program of the Americairfhstituteof Real Estate Appraisers. (ndrew U. Brooks (March, 1988) FULLER & ASSOCIATES PURPOSE OF THE APPRAISAL The purpose of this appraisal is to express an opinion of the fair market value of the vacant 1.28 acre site, identified as Assessor's Parcel No. 168-020-17, located in Carlsbad, California, and more fully described elsewhere in this report. The date of value is November 1, 1989. USE OF THE APPRAISAL The function of this appraisal is for acquisition. DEFINITION OF MARKET VALUE 'The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress." - The Appraisal of Real Estate. The American Institute of Real Estate Appraisers, 9th Edition. NATURE OF INTEREST APPRAISED Fee simple estate. FULLER & ASSOCIATES ASSUMPTIONS AND LIMITING CONDITIONS This appraisal has been based upon the following assumptions and limiting conditions: 1) That we assume no responsibility for matters legal in character, nor do we render any opinion as to the title which is assumed to be good. All existing liens, and encumbrances, securing payment of money, have been disregarded, and the properties are appraised as though free and clear under responsible ownership and competent management. 2) That information obtained for use In this appraisal is believed to be true and correct to the best of our ability, however, no responsibility is assumed for errors or omissions, or for information not disclosed which might otherwise affect the valuation estimate. 3) Disclosure of the contents of this appraisal report is governed by the By-Laws and Regulations ofthe American Institute of Real Estate Appraisers of the National Association of Realtors. 4) Neither all, nor any part, of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or the firm with which they are connected, or any reference to the American Institute of Real Estate Appraisers, or the MAI designation) shall be disseminated to the public through advertising media, public relations, news media, sales media, or any other public means of communication without prior written consent and approval of the undersigned. 5) That this valuation estimate is of surface rights only, and the valuation of mineral rights, if any, has been disregarded. 6) That no warranty is made as to the seismic stability of the subject property. 7) That the appraisers, by reason of this appraisal, are not required to give testimony, or attendance in court with reference to the property appraised, unless arrangements have been previously made. 8) That the submission of this report constitutes completion of the services authorized. It is submitted upon the condition that the dient will provide the appraisers customary compensation relating to any subsequent required depositions, conferences, additional preparation, review, travel or testimony. 9) That the Preliminary Title Report, dated July 28, 1989, identified as Order No. 138206-05 and prepared by Continental Land Title Company, sets out the descriptions and all conditions of title which encumber the subject property, and that these easements and conditions of title do not affect the future developability of the subject property in accordance with its highest and best use. FULLER & ASSOCIATES 10) That any future development of the subject property would be supportable from a detailed engineering report. This study would include an analysis of soils, boundaries, engineering, topography, utilities, grading, hydrology, and other factors necessary for the future development of the subject property. 11) That all maps and exhibits included within this report are for illustration purposes only and are set out to assist the reader in visualizing the property. However, no survey of the property has been made and no liability is assumed in connection with such matters. 12) That competitive institutional financing will be available for any development of the subject property. 13) That Assessor's records indicated that ownership ofthe subject property has not been transferred within the last 10 years. 14) That the legal description as set out is assumed to be correct. 15) That, as this appraisal was not prepared for condemnation purposes, notification of the property owner was not required by the appraisers. 16) That no consideration has been given in the appraisal to the value, if any, attributable to crops growing on any portion of the property appraised. 17) That the subject property contains 1.28 acres. 18) That the subject property does not abut a public road or highway nor is served by any right of way or easement over adjoining or adjacent property to any such public road or highway. 19) That unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraisers become aware of such during the appraiser's inspection. The value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 20) That there are no adverse soil conditions which would affect the developability of the subject property in accordance with its highest and best use. FULLER & ASSOCIATES PROPERTY DESCRIPTION Identification: The subject property is identified as Assessor's Parcel No. 168-020-17. Location: The subject property is located in the northeasterly area of the City of Carlsbad, ±200 feet south of the Lake Boulevard - Emerald Drive intersection. Apparent Owner: Adeline L. Alvarado, A Widow. Property History: Assessor's records indicate that ownership of the subject property has not been transferred within the last 10 years. Legal Description: All that portion of Lot "D" of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to the map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at north quarter corner of fractional Section 35, Township 11 south. Range 4 west, San Bernardino Meridian; thence south 00" 14*00" west 2125.80 feet along north and south center line of said Section 35 produced within the Grant to southeast corner of that Parcel of land conveyed by Chester Gunn and Elizabeth Gunn to George L. Gunn and Chester D. Gunn by Deed recorded November 6, 1920 in Book 329, Page 314 of Deeds; thence south 74°39'00" west 819.33 feet to the true point of beginning; thence south 18''27'00" east 267.00 feet; thence south 54" 42'40" west 308.62 feet; thence north 20 ° 12'00" west 263.96 feet; thence north 54°35;00" east 317.15 feet to the true point of beginning. Excepting therefrom that portion of above described Parcel lying between westerly boundary thereof and a line drawn parallel with a 100.00 feet measured at right angles easterly from said westerly boundary. Parcel Size and Shape: The subject property contains 1.28 acres and is parallelogram shaped. FULLER & ASSOCIATES iu 5 « 5 EAST O o > W Ol ft) Id) r-w CD > PARCEL MAP Access and Streets: Access: State Highway 78: State Highway 78 is the major east/west access route through North County San Diego and lies ±11/2 miles to the north of the subject property. Egress and ingress are available from Emerald Drive. Streets: Lake Boulevard: Lake Boulevard lies ±200 feet north of the subject property. This street has an existing right of way of 84 feet, and is paved to 3 lanes and improved with concrete curbs and gutters. It is an assumption of this report that the subject property has no existing access to Lake Boulevard. Community: Carlsbad, a beach-oriented community located 35 miles north of downtown San Diego, has shown economic growth in recent years and has developed into a well- balanced commercial, corporate headquarter, industrial and residential suburb. Several high technology firms have relocated to Carlsbad from Los Angeles and Orange counties, many locating in one ofthe three major industrial parks presently established in the area. Carlsbad contains several recreational activities, including its beaches and the Carlsbad Lagoon with their varied water activities. Carlsbad is also home to the internationally known La Costa Resort Hotel and Spa, host of annual golf and tennis tournaments. The City Council adopted Ordinance No. 9808, on July 1,1986, which implements a comprehensive growth management system directly linking development to the availability of public services and facilities. Performance standards have been set for eleven public facility categories establishing the service level acceptable to the City. The areas covered by the Growth Management Program include: City administrative facilities, libraries, waste water treatment, parks, drainage, circulation, fire stations, open space, schools, sewer collection and water distribution systems. Reflecting a county wide pattern, total construction activity in Carlsbad rebounded strongly in 1983 after the recession. In 1986 building activity peaked and subsequently declined following implementation of the Growth Management Program that same year. FULLER & ASSOCIATES ANNUAL BUILDING PERMITS Year Multiple Units Family Units Total Dwelling Units 1982 44 167 211 1983 115 797 912 1984 980 944 1,924 1985 1,575 1,237 2,812 1986 1,495 1,571 3,066 1987 219 443 662 19881/2 8 224 232 The City of Carlsbad was incorporated in 1952, with its population increasing tenfold, to over 53,000 people in 1986. Between 1970 and 1980, Carlsbad grew at an annual rate of 13.8 percent, nearly quadruple that of the countywide average of 3.7 percent annually. Population growth has slowed somewhat recently: between 1980 and 1984 the population grew at an annual rate of 4 percent, bringing Carlsbad's population to 40,486 in January 1984. Projections show that the city's population will reach 85,600 by the year 2000, making it the fourth largest city in the county (behind the cities of San Diego, Oceanside and Chula Vista) with 3.2 percent of the total population. The growth rate during this period is expected to rise again, averaging 7 percent annually, while the rate countywide is projected to be 2 percent annually. Following are pertinent estimated growth and economic trends: POPULATION TRENDS Population Estimates Year Carlsbad San Dieoo Countv 1950 4,383 556,800 1960 9,253 1,033,011 1970 14,944 1,357,854 1980 35,490 1,861,846 1984 40,486 2,040,888 1990 62,700 2,319,400 1995 75,100 2,513,800 2000 85,600 2,687,700 FULLER & ASSOCIATES /• 51 LOCATION MAP Neighborhood and Surrounding Influences: Neighborhood: The subject neighborhood is comprised of low to medium density residential development within the City of Oceanside to the north and east, and undeveloped acreage within the City of Carlsbad to the south. Surrounding Influences: North: Lake Boulevard, which is the City of Carlsbad boundary, lies ±200 feet north ofthe subject property. North of Lake Boulevard, the lands are improved primarily with residential uses within the City of Oceanside. East: The City of Carlsbad boundary lies ±500 feet to the east ofthe subject property. East of the Carlsbad boundary, which is in the City of Oceanside, the lands are primarily developed with residential uses. South: The lands to the south of the subject property, which are comprised of rolling hills, are within the City of Carlsbad and designated primarily as Open Space. Lake Calavera lies ±3/4 miles to the southwest. West: To the west ofthe subject property, the lands are primarily developed with residential uses within the City of Oceanside. College Boulevard lies ±2 miles to the west. Pertinent Conditions of Title: Your attention is invited to the Preliminary Title Report, dated July 28, 1989, prepared by Continental Land Title Company, identified as Order No. 138206-05, and set out in the Addenda section of this report. It is an assumption of this report that the easements and conditions of title set out within this report do not affect the future developability of the subject property in accordance with its highest and best use. Contour and Drainage: A review was made of the County of San Diego Topographic Survey Map, Sheet No. 366-1683, dated September 17, 1975. FULLER & ASSOCIATES View southerly, from Lake Boulevard. The subject property is in the center of the photo, at the base of the slope. Photo taken November 1, 1989. View southerly, from the south of Lake Boulevard. The subject property is in the central portions of the photo. Photo taken November 1, 1989. FULLER & ASSOCIATES Contour: The subject property is generally level with some contour irregularities. Drainage: A physical inspection indicated that the subject property lies within a natural drainage course, where sheet flow drainage is generally in a southwesterly direction. Soils: As no soil tests were available, subsoil conditions are considered favorable for development, but no guarantee of same is implied. Land Use: Municipal Zoning: Jurisdiction: City of Carlsbad Zoning Classification: O-S Open Space Zone Intent and Purpose: The intent and purpose of the O-S Zone is to: 1) Provide for open space and recreational uses which have been deemed necessary for the aesthetically attractive and orderly growth of the community. 2) Protect and encourage said uses wherever feasible. 3) Be used in conjunction with publicly-owned property utilized as parks, open space, recreation areas, civic centers and other public facilities of similar nature. 8 FULLER & ASSOCIATES 4) Designate high priority resource areas at time of development that, when combined would create a logical and comprehensive open space system for the community. 5) Implement the goals and objectives of the General Plan. Permitted Uses: 1) Beaches and shoreline recreation, public; 2) Bicycle paths; 3) Horse trails; 4) Open space easements; 5) Parks, public; 6) City picnic areas; 7) City playgrounds; 8) Public access easement, nonvehicular; 9) Public lands; 10) Scenic easements; 11) Slope easements; 12) Transportation rights-of-way; 13) Vista points; 14) Agricultural uses as follows: a) Field and seed crops, b) Truck crops, c) Horticultural crops, d) Orchards and vineyards, e) Pasture and rangeland, f) Tree farms, g) Fallow lands. Permitted Accessorv Uses and Structures: 1) Public restrooms; 2) Clubhouses; 3) Parking areas; 4) Barbecue and fire pits; 5) Playground equipment; 6) Stairways; 7) Patios; 8) Changing rooms; 9) Pool filtering equipment; 10) Fencing; 11) Other similar accessory uses and structures required for the conduct of the permitted uses. FULLER & ASSOCIATES Conditional Uses: 1) Group or organized camps; 2) Marinas; 3) Playfields and athletic fields, including courts; 4) Public facilities, structures; 5) Recreational campgrounds; 6) Stables and riding academies, public; 7) Other related cultural, entertainment and recreational activities and facilities; 8) Golf courses; 9) Swimming pools; 10) Tennis courts; 11) Private playgrounds; 12) Private picnic areas. Minimum Lot Area: none Building height: No building or structure shall exceed 35 feet in height unless a higher elevation is approved by a conditional use permit issued by the planning commission. General Plan: Jurisdiction: City of Carlsbad Land Use Designation: O-S Open Space Growth Management: On November 4,1986, the citizens of Carlsbad adopted Proposition E which requires that public facilities and improvements meeting city standards are available concurrently with the need created by new developments and to limit the number of residential dwelling units which can be approved or constructed in the city. 10 FULLER & ASSOCIATES Implementation entails adoption of a city-wide facilities and improvements plan, which identifies all facilities and improvements necessary to accommodate the land uses specified in the General Plan. The City is divided into facilities management zones, and a local facilities management plan prepared for each zone. Once the facilities management plans are approved, no development permit shall be approved unless the map or permit is consistent with the local facilities management plan and unless provision for all facilities and improvements related to the development project are provided or funded. No building permit shall be issued unless all applicable fees, including, but not limited to, public facilities fees, bridge and thoroughfare fees, traffic impact fees, facilities management fees, school fees, park-in-lieu fees, sewer fees, water fees, or other development fees identified in the city-wide facilities and improvements plan and local facilities management plan have first been paid or provision for their payment has been made to the satisfaction of the City Council. The city-wide facilities and improvement plan and the local facility management plan process is part of the city's ongoing planning effort. It is anticipated that amendments to the plans may be necessary. Adoption of a facilities management plan does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal. The city-wide facilities and improvements plan and the local facilities management plans are guides to ensure that no development occurs unless adequate facilities or improvements will be available to meet demands created by development. The City Council may initiate an amendment to any of the plans at any time if, in its discretion, it determines that an amendment is necessary to ensure adequate facilities and improvements. The subject property is located within Facilities Management Zone 14. A facilities management plan for this zone is in the process of being prepared. The subject property is designated as Open Space within this proposed plan. Interviews with City of Carlsbad planners indicate that this plan will most likely be approved in mid-1990. Proposed Calavera Lake Golf Course: The subject property is within a 252 acre site which is proposed for development of a municipal golf course. The City of Carlsbad is proceeding with the initial development steps, and has scheduled project completion for the end of 1992. The following resolutions have been adopted by the City Council: 11 FULLER & ASSOCIATES Resolution 89-292: Adopted August 15,1989. Approved appointment of a 7 member Golf Course Citizen Steering Committee; directed staff to proceed with selection of a financing team. Resolution 89-293: Adopted August 15,1989. Transferred money from the General Fund Contingencies for environmental studies, a preliminary golf course design, a soils report and a property appraisal. Resolution 89-410: Adopted November 21, 1989. Authorized Mayor to execute agreement for preparation of an Environmental Impact Report. Utilities: Water: Jurisdiction: Carlsbad Municipal Water District Line Location: The Carlsbad Water District has no water lines in the vicinity of the subject property. A water line exists within l_ake Boulevard, yet is within the City of Oceanside Water District. Sewer: Jurisdiction: Carlsbad Sewer District Line Location: The Carlsbad Sewer District has no sewer lines in the vicinity of the subject property. A sewer line exists within Lake Boulevard, yet is within the City of Oceanside Sewer District. 12 FULLER & ASSOCIATES Natural Gas: Available, San Diego Gas & Electric Company Electricity: Available, San Diego Gas & Electric Company Telephone: Available, Pacific Bell Telephone Company Assessed Valuation: Your attention is invited to the following table which sets out the 1988-89 real property assessments for the subject property: Assessor's Parcel No 168-020-17 Assessed Value Land $ 3,857 -Assessed Value Improvements -0- Net Taxable Value $ 3,857 Tax Rate Area 09015 -Total Tax Rate/100 1.04188 • Total Estimated Tax $ 40.19 Present Use: The subject property is currently vacant and undeveloped. Highest and Best Use: Definition: That use of the land which may reasonable be expected to produce the greatest net return to land over a given period of time That legal use which will yield to land the highest present value. 13 FULLER & ASSOCIATES Measurement: In order to pass the test of highest and best use, a property must be able to show its availability and adaptabilitv. as well as the demand for each use. Therefore, in the measurement of highest and best use, the ability of the subject property to meet these criteria was analyzed. Availability: The subject property is zoned O-S (Open Space) and designated OS (Open Space) within the City of Carlsbad General Plan. The subject property is located within facilities Management Zone 14 for which there is no approved plan. A proposed plan which will most likely be approved by mid-1990 designates the subject property as Open Space. Adaptability: The subject property lies within a natural drainage course and is generally level. The site has no street frontage or access. The City of Carlsbad has no water and sewer lines in the vicinity ofthe subject property, however the City of Oceanside has water and sewer lines located in Lake Boulevard. Demand: An observation was made for the demand for similar sites in the surrounding area. It is concluded that there would be a limited demand for similar sites. Conclusion: Based upon the above, and other factors, it is concluded that the highest and best use of the subject property would be those Open Space and Recreational uses permitted by the Zoning and General Plan designations. 14 FULLER & ASSOCIATES isti) 3f StMlk Ctrl BattquitM ^ Lafoon Ponto¥_ Slttt P«ril Gvdns ItEaekiius BMdi Ca.Plitl Mc onti f itl .3<<ci' Slttt Tttky Encinitas < SracllR Co.Pk." Stn "Elite Seicf Cardlff-By-The-Sea' Solam B<adi Co.Pti.' Los Penasqulto^ VKitoifciiil lorrt^ Pin Sltle P« MARKET DATA MAP VALUATION Method of Valuation: The Market or Comparison approach to value was utilized in estimating the fair market value of the subject property. This approach involves comparing sales of similar properties to the subject, and making adjustments for dissimilarities. The Income and Cost approaches to value are normally not utilized in the valuation of vacant land, and were not considered in this valuation. Scope of Market Data Search: A search was made for sales of Open Space designated sites within San Diego County, as well as vacant sites in the surrounding area which have sold since January, 1987. Market Data: In all, a limited number of items of market data were discovered with varying degrees of comparability to the subject property. Of these, 8 items of market data were considered most pertinent in this analysis. Your attention is invited to the Market Data Map on the facing page, which sets out the proximity of this market data to the subject property. In addition, your attention is invited to the Market Data section of this report where a summary of the details for each transaction is set out. Comparative Criteria: In analyzing each item of market data, a comparison was made between the market data and the subject property. Consideration was given to date of sale, land use, terms of sale, parcel size, site improvements, location, utility availability, topography and access. After adjustments for these and other factors, an indicated value for the subject property was derived. Comparison to the Subject Property: Following is a brief description of each item of market data considered in this analysis: Market Data No. 1: This site is located within the Oaks North condominium development in Rancho Bernardo, and is designated as an Open Space Easement. 15 FULLER & ASSOCIATES It contains 4.81 gross acres and sold in August, 1989 for $6,237/gross acre. This site was vacant as is comprised of steep slopes and partially level area. In comparing this property to the subject property, adjustments were made for topography, parcel size, location, and access. Overall, this item of Market Data was considered slightly inferior to the subject property. Market Data No. 2: This site is located east of the intersection of 5th Street and E Street in the City of Encinitas. This parcel is zoned for agriculture with a flood plain overlay. It contains 7.13 gross acres and sold in May, 1987 for $7,714/gross acre. This site is utilized for grazing purposes and is subject to flooding. In comparing this property to the subject property, adjustments were made for date of sale, land use, parcel size, location, and access. Overall, this item of Market Data was considered slightly inferior to the subject property. Market Data No. 3: This site is located on the west line of Highway 67, south of Lakeside Avenue, in the County of San Diego. This parcel is zoned for general industrial with a flood plain overlay. It contains 7.17 gross acres and sold in October, 1987 for $12,000/gross acre. This site was vacant and includes portions of river channel. The buyer purchased for development mitigation purposes. In comparing this property to the subject property, adjustments were made for date of sale, land use, topography, parcel size, location, and access. Overall, this item of Market Data was considered slightly superior to the subject property. Market Data No. 4: This site is located at the terminus of Aura Circle in Carlsbad. This parcel is zoned for single family residential. It contains 14.58 gross acres and sold in January, 1988 for $14,746/gross acre. This site was vacant and is comprised of steep to rolling hillside topography. 16 FULLER & ASSOCIATES In comparing this property to the subject property, adjustments were made for date of sale, land use, topography, parcel size, location, and access. Overall, this item of Market Data was considered superior to the subject property. Market Data No. 5: This site is located adjacent to the easterly boundary of the Prince of Peace Abbey in the City of Oceanside. This parcel is zoned public/semi- public. It contains 1.79 gross acres and sold in November, 1987 for $19,553/gross acre. This site was vacant and comprised of steep slopes with a level pad area on top. This parcel was purchased by the adjoining Priory and has views of the surrounding area. In comparing this property to the subject property, adjustments were made for date of sale, land use, topography, location, and access. Overall, this item of Market Data was considered superior to the subject property. Market Data No. 6: This site is located ±1/2 mile west of El Camino Real, at Alga Road in the City of Carlsbad. This parcel is zoned Limited Control and is designated low/medium density residential in the City of Carlsbad General Plan. It contains 10.1 gross acres and sold in September, 1988 for $44,703/gross acre. This site was vacant and had access from a unpaved road. The topography is comprised of moderate to steep slopes. In comparing this property to the subject property, adjustments were made for date of sale, land use, topography, parcel size, location, and access. Overall, this item of Market Data was considered far superior to the subject property. Market Data No. 7: This site is located south of Sunset Drive at Melrose Way, in the County of San Diego. This parcel is designated as limited agricultural, which allows for residential uses. It contains 1.19 gross acres and sold in August, 1989 for $57,143/gross acre. This site was vacant and has private, unpaved access. The topography is irregular with a ±1/4 acre level pad area. 17 FULLER & ASSOCIATES In comparing this property to the subject property, adjustments were made for land use, topography, location, and access. Overall, this item of Market Data was considered far superior to the subject property. Market Data No. 8: This site is located south of Sunset Drive, east of the intersection with Emerald Drive, in the County of San Diego. This parcel is designated as limited agricultural, which allows for residential uses. It contains 1.40 gross acres and sold in September, 1989 for $60,000/gross acre. This site was level and vacant, and has frontage on Sunset Drive. In comparing this property to the subject property, adjustments were made for land use, location, and access. Overall, this item of Market Data was considered far superior to the subject property. Correlation of Market Data: Market Data No. 1 is the recent sale of an open space designated parcel. It sold for $6,237 per acre and is considered similar in land use. Market Data Nos. 2 and 3 are sales of ±7 acre parcels which are located within river floodways, and hence are limited in use. They sold in 1987 for $7,714 and $12,000 per acre respectively. Market Data No. 4 is the sale of a residential designated parcel within the City of Carlsbad, that is comprised of rolling hillside and steep slopes which severely impact its developability. It sold in 1988 for $14,746 per acre. Market Data No. 5 is the sale of a 1.79 acre parcel zoned for public/semi-public use in the City of Oceanside. It is comprised of level and sloping topography and sold for $19,553 per acre to the adjoining land owner. Market Data No. 6 is the sale of a 10 acre parcel located in a rural area of Carlsbad, north of Batiquitos Lagoon. It is zoned Umited Control, and was purchased by investors for $44,703 per acre in speculation of surrounding development. It is considered superior to the subject due to its potential developability. Market Data Nos. 7 and 8 are recent sales of ±1 acre lots in the vicinity of the subject property, which are zoned for agriculture, yet allow a residence. They sold for $57,143 and $60,000 per acre respectively, and are considered to be an upper limit of value. 18 FULLER & ASSOCIATES Conclusion: After careful consideration of the foregoing data and other factors, it is our opinion that the fair market value of the subject property based on the assumptions and limiting conditions set out elsewhere in this report, as of November 1,1989 was as follows: 1.28 acres @ $12,000/acre $15,360 Round to $15,500 19 FULLER & ASSOCIATES MARKET DATA NO. 1 Location: APN: Legal: Land Area: Land Use: Topography: Improvements: Streets: Utilities: Seller: Buyer: Sale Price: Terms: Recording: Remarl(s: Verified: 0.3-* * (EX BLD SITES) OPEN SPACE ESMT REFER TO RECORDED MAP FOR BUILDING SITES PROPERTY DESCRIPTION East line of Plaza Dolores, at the intersection with Plaza Maria, Rancho Bernardo (Thomas Guide 33-A1). 273-750-02 Lot 100 of Oaks North Unit No. 3, Map No. 7739. 4.81 gross acres Open space easement Steep slopes with partially level portion at top. Vacant Plaza Delores: Paved 2 lanes; curbs, gutters and sidewall<s. Water: yes; Sewer: yes; Gas: yes; Electricity: yes TRANSACTION Community Center, Inc. Mr. and Mrs. Steve S. Arnold $30,000 or $6,237 per acre Cash Deed Date: Recorded Date: Document No.: July 10, 1989 August 18, 1989 442717 Parcel was an open space easement within the Oaks North condominium development. Community Association disposed of property because of perceived liability. Buyer is adjoining property owner. Property is to remain undeveloped. December 5, 1989 FULLER & ASSOCIATES MARKET DATA NO. 2 CLSO. (^) 5TH Q I tfi i^»-~(4«f) CL SD. j| ~ — — -I PROPERTY DESCRIPTION Location: APN: Legal: Land Area: Land Use: Topography: Improvements: streets: Utilities: ±730 feet east of intersection of 5th Street and E Street, Encinitas. (Thomas Guide 25-Do). 259-221-46 Lot or Block 29 in the Colony of Olivehain, Map No. 326, and that portion of 5th Street, 6th street, "G" Street, and "H" Street, vacated and closed to public use. 7.13 gross acres Agricultural; Rood Plain Overlay Level Vacant 5th Street: Paved 2 lanes; No curbs, gutters or sidewalks. Water: yes; Sewer: yes; Gas: yes; Electricity: yes TRANSACTION Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: Keith E. Card Gerald Kilgallon and Kathleen Kilgallon $55,000 or $7,714 per acre Cash Deed Date: Recorded Date: Document No.: April 21, 1987 May 18, 1987 271570 Interviews with a neighbor indicated that this parcel is subject to flooding and has been submerged under ±5 feet of water approx. 5 times in the last 30 years. This property is currently being used for grazing purposes. June 20, 1988 FULLER & ASSOCIATES MARKET DATA NO. 3 Location: APN: Legal: Land Area: Land Use: Topography: Improvements: Streets: Utilities: Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: PROPERTY DESCRIPTION West line of State Highway 67, south of Lakeside Avenue, San Diego County (Thomas Guide 48-F2). 392-081-01 Portion of lots 66 & 69, Map No. 289 7.17 gross acres General Industrial; Flood Plain Overlay Level; includes portions of river channel. Vacant Lakeside Avenue: Paved 2 lanes; No curbs, gutters or sidewalks. Water: yes; Sewer: yes; Gas: yes; Electricity: yes TRANSACTION H.G. Fenton Material Company Homart Development Company $86,040 or $12,000 per acre Cash Deed Date: Recorded Date: Document No.: October 20, 1987 October 23, 1987 598963 This property is located in a river bottom floodway of the San Diego River. The buyer's motivation was to use the land for mitigation for development of a highrise office building known as Centerside II in Mission Valley. September 17, 1987 FULLER & ASSOCIATES MARKET DATA NO. 4 Location: APN: Legal: Land Area: Land Use: Topography: Improvements: streets: Utilities: Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: PROPERTY DESCRIPTION Terminus of Aura Circle, Carlst»ad, (Thomas Guide 14-C5). 207-100-48 Portion of lot I of Rancho Auga Hediona 14.58 gross acres Single family residential Steep to rolling hillside Vacant Aura Circle: Paved 2 lanes; curbs, gutters and sidewalks. Water: yes; Sewer: yes; Gas: yes; Electricity: yes TRANSACTION M/M Dale McPhetridge and M/M David Broderick JVC Carlsbad 15, Inc. $215,000 or $14,746 per acre Seller carried Trust Deed of $176,300 Deed Date: Recorded Date: Document No.: December 10, 1987 January 25, 1988 031872 The parcel is comprised of rolling hills and steep slopes which severely impact its developability. Public records FULLER & ASSOCIATES MARKET DATA NO. 5 020 ill 55 AC. *v //<< cc»v /J s. 4 ^•''^•3o"u' 3o //4.72 A/<i3'<7g ^33 77 /9 7 28.07 AC| PROPERTY DESCRIPTION Location: APN: Legal: Land Area: Land Use: Topography: Improvements: Streets: Utilities: Adjoins the easterly tx)undary of the Prince of Peace Abbey, north of the San Luis Rey Riv er, Oceanside, (Thomas Guide 9-E3). 145-020-05 Parcels 1 and 2 of that portion of the S 1/2 of the NW 1 /4 of Section 13, Township 11 south, Range 5 west, San Bernardino base and meridian. 1.79 gross acres Zoned Public/Semi-Public, City of Oceanside Steep to gently sloping Vacant Private, unpaved Water: yes; Sewer: no; Gas: no; Electricity: yes TRANSACTION Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: Lowell Rushing and Opale Rushing, Co-trustees, U.T.D., May 11, 1978. Saint Charles Priory, aka Prince of Peace Abbey $35,000 or $19,553 per acre Cash Deed Date: Recorded Date: Document No.: October 26. 1987 November 17, 1987 641694 Purchased by adjoining Priory. Hilltop and hillside topography. Views to the east and south of the San Luis Rey River Valley. April 6, 1989 FULLER & ASSOCIATES (45; S 07 A>. 5 07 AC MARKET DATA NO. 6 @ © I O.OS AC. 5 © 10.07 AC I © n 10.06AC. © 20.00 AC. 033. sa Location: APN: Legal: Land Area: Land Use: Topography: Improvements: Streets: Utilities: Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: Oh PROPERTY DESCRIPTION ±1/4 mile north of Alga Road extension, ±1/2 mile west of El Camino Real, Carlsbad, (Thomas Guide 19-F4). 215-050-12 North 1/2 of west 1/2 of north 1 /2 of south 1/2 of northwest 1 /4 of Section 26, Township 12 south, Range 4 west, San Bernardino Base and Meridian. 10.1 gross acres Limited control. City of Carlsbad Sloping from ridgetop in the westerly portions to ravine in the easterly portions. Vacant Unnamed dirt access road. Water: no; Sewer: no; Gas: no; Electricity: no TRANSACTION Melody Murphy. Trustee of GMP Trust, et.al. Saltzburg, Ray and Bergman, A General Partnership $451,500 or $44,703 per acre 50% down, seller carried balance for 3 months Deed Date: Recorded Date: Document No.: September 14, 1988 September 16, 1988 468041 Estimated that ±3 acres had slopes of greater than 25%. 150ft. wide S.D.G. & E. overhead easement transverses through northeasterly portion of property. Limited views of Batiquitos Lagoon. Purchased by investors in speculation of surrounding development. February 17, 1989 FULLER & ASSOCIATES MARKET DATA NO. 7 Location: APN: Legal: Land Area: Land Use: Topography: Improvements: Streets: Utilities: Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: PROPERTY DESCRIPTION ±325 feet south of Sunset Drive, ±400 feet east of Melrose Way, San Diego County, (Thomas Guide 15-A2). 169-021-21 Portion of lot 108, Tract No. 2 of Rancho Mar Vista 1.19 gross acres Limited Agriculture, County Zone A70 Rolling with ±1/4 acre level pad Vacant Paved private drive from Sunset Drive Water: yes; Sewer: yes; Gas: yes; Electricity: yes TRANSACTION Joseph and Valeria G. Kiraly Frank E. and Mai X. Dati $68,000 or $57,143 per acre Cash Deed Date: Recorded Date: Document No.: June 9, 1989 August 4, 1989 417054 Buyer purchased for construction of residence, limited views. December 5, 1989 r FULLER & ASSOCIATES MARKET DATA NO. 8 NE.'UcOR.SEC.iS Location: APN: Legal: Land Area: Land Use: Topography: Improvements: Streets: Utilities: Seller: Buyer: Sale Price: Terms: Recording: Remarks: Verified: PROPERTY DESCRIPTION South line of Sunset Drive, ±500 feet east of Emerald Drive, San Diego County. (Thomas Guide 15-A2). 169-021-14 Portion of lot 104. Tract No. 2 of Rancho Mar Vista 1.40 gross acres Umited Agriculture. County Zone A70 Level Vacant Sunset Drive: Paved 2 lanes; No curbs, gutters or sidewalks. Water: yes; Sewer: yes; Gas: yes; Electricity: yes TRANSACTION John E. Wells Michael R. and Nancy E. Palmer $84,000 or $60,000 per acre Cash Deed Date: Recorded Date: Document No.: July 26, 1989 September 15, 1989 499871 Buyer purchased for construction of resWence, limited views. December 6, 1989 FULLER & ASSOCIATES SCHEDULE A ORDER NO. 138206-05 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADELINA L. ALVARADO, A WIDOW THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION oCHEDULE A PAGE NO. 2 OK^iR NO. 138206-05 LEGAL DESCRIPTION ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54''42'40" WEST 308.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54"'35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF=" ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. SCHEDULE B ORDER NO. 138206-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- - TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS ,,1 REPORT WOULD BE AS FOLLOWS: - 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. ""2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. •.3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT - GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES • RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 OF DEEDS AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LOT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST M QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SECTION 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERI- « DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THENCE • SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALONG SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 27, 34 m AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST - PARALLEL TO THE SOUTH LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 ^ WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; • THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUA " HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NO. 3 TO THE POINT OF BEGINNING, ALL IN TRACT "D" OF RANCHO AGUA " HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGUA - HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, CALIFORNIA. ^ 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- w. MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DEEDS .OHEDULE B PAGE NO. 2 «<^DER NO. 138206-05 -5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT - OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SUCH ^ PUBLIC ROAD OR HIGHWAY. - NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. " NOTE NO. 2: mm ^ PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $20.09 PAID PENALTY: $NONE 2ND INSTALLMENT: $20.09 PAID PENALTY: $NONE m EXEMPTION: $NONE LAND: $3,857.00 IMPROVEMENTS: $NONE ^ PERSONAL PROPERTY: $N0NE CODE AREA: 09015 ASSESSOR'S NO: 168-020-17 *" NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS •• TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 100 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 20) PROJECT NAME: 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 0 Alvarado Property Acquisition 21)BRIEF DESCRIPTION OF PROJECT: Acquisition of a 1.28± parcel of undeveloped land surrounded by vacant land owned by the City of Carlsbad. 22) OWNER 23) APPLICANT ^^^^ ^^^^^^ NAME (PRINT OR TYPE) city of Carlsbad NAME (PRINT OR TYPE) " ^ ^ Director MAILING ADDRESS 2075 Las Palmas MAILING ADDRESS 2075 Las Palmas CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 438-7753 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 438-7753 I CERTIF^FHAT I AM THE LEGAL OWNER AND THAT ALL THE/ABOyE INFORMATION IS TRUE AND CORRECT TO THE/BKT OF M^UKNOWLEDGE. SIGNAJURE /J^ DATE I CERTIFY THAT I AM THE OWNER'S REPRE- SENTATIVE^D THAT ALL THE ABOVE INFORMATM IS TRUE AND CORRECT TO THE BESKDF MY^WLEDGE. SIGUATURE /n DATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED OATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. ^<ITY OF CARLSBAD UND <JSE REVIEW APPLICATION FORM PAGE 1 OF 2 I) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) O Master Plan ^ Specific Plan ^ Precise Development Plan... ' Tentative Tract Map Planned Development Permit ^ Non-Residential Planned Development Permit ^ Condominium Permit ^ Special Use Permit ^ Redevelopment Permit ^ Tentative Parcel Map ^ Administrative Variance (For Dept. Use Only) • • • • • • • • • • General Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit. Environmental Impact Assessment Variance Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE South SIDE OF Lake Blvd. BETWEEN (NORTH, SOUTH, EAST, WEST) Kings Ave. | (NAME OF STREET) Emerald (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: See attached legal description and assessors map. (Exhibit A) 4) ASSESSOR PARCEL NO(S). 168-020-17 5) LOCAL FACILITIES MANAGEMENT ZONE 14 6) EXISTING GENERAL PLAN DESIGNATION 05 71 PROPOSED GENERAL PLAN DESIGNATION N/A 8) EXISTING ZONING 05 9) PROPOSED ZONING N/A 10) GROSS SITE ACREAGE 1.28 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 12) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION N/A 14) NUMBER OF EXISTING RESIDENTIAL UNITS (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMERCIAL SQUARE FOOTAGE Citv of Carlsbad ities & Maintenance Department July 3, 1990 Mrs. Adelina L. Alvarado 200 Olive Avenue, #2 Vista, CA 92083 Dear Mrs. Alvarado: REAL PROPERTY ACQUISITION: LAKE CALAVERAS This letter is to acknowledge your letter of June 19, 1990, in which you proposed a counteroffer to the City's offer of fifteen thousand five hundred dollars ($15,500) presented on January 22, 1990. I have discussed your counteroffer of "$20,000, free of closing costs, or $25,000 with nonnal seller's closing costs" with the City Manager and I wish to advise you that City staff is prepared to recommend that the City Covincil accept your offer of "$20,000, free of closing costs". I will be preparing a real property acqviisition contract setting forth your terms and conditions for your signature. This contract is necessary to present your offer to the City Council. I expect to complete a draft of the agreement for your review during the week of July 9-13. I -win also send a copy of the contract to Mr. Rodolfo Casteneda for his review. Should ave any questions, please contact me at 438-7753. ANDERSON Director RWA:meh c: Assistant City Manager Rodolfo M. Casteneda 2075 Las Palmas Drive • Carlsbad, California 92009-1519 • (619) 438-7753 Citv of Carlsbad utilities & Maintenance Department January 22, 1990 Adelina L. Alvarado c/o Mr. Lyle Alvarado 200 North El Camino Real #190 Oceanside, CA 92054 Dear Ms. Alvarado: CARLSBAD MUNICIPAL GOLF COURSE: LAKE CALAVERA As I mentioned in my letter of August 18, 1989, the City of Carlsbad wishes to acquire, through negotiation or condemnation, the real property identified as Assessors Parcel No. 168-020-17, located in the Lake Calavera area. The acquisition of your property is made necessary by the proposed construction of a municipal golf course surrounding Lake Calavera. The proposed acquisition affecting your property is described in the enclosed legal description and is shown on the enclosed assessor's plat. The area to be acquired in fee from you is the total property comprising approximately 1.28 acres of vacant land. The City of Carlsbad obtained the services of Richard A. Fuller, MAI, to estimate the "fair market value" of the fee taking, encompassing approximately 1.28 acres of vacant land. The appraiser's fair market value estimate is shown on the enclosed "Appraisal Summary Statement". On the basis of this appraisal, the City of Carlsbad is prepared to purchase said property for a consideration of $15,500, free and clear of all liens and encumbrances, except those encumbrances^ numbered 3 and 4 of the Schedule B of a preliminary title report prepared by the Continental Land Title Company and dated July 28, 1989 (copy attached). You have a right to review the appraiser's market data (comparable sales transactions) and you also have the right to obtain your own appraisal (at your cost). As indicated in the first paragraph of this letter, the City is prepared to exercise eminent domain for the acquisition of this parcel in the event a negotiated transaction can not be consummated. All eligible incidental expenses associated with the transfer of title to said parcel will be shared as follows: Adelina L. Alvarado Page 2 January 19, 1990 Buyer Escrow Fees 50% Title Insurance Policy 0% Documentary Transfer Tax 0% Recording Fee 100% Other Closing Costs 50% Seller 50% 100% 100% 0% 50% Should you agree to the price offered, please execute the "Appraisal Summary and Acceptance" at the bottom of the form and return it to my attention at the letterhead address. Two copies of the "Appraisal Summary and Acceptance" form are included for your convenience. Should you have any questions, please contact me at 438-7753. Sincer fPH JT. ANDERSON rector RWA:meh Enclosure c: Assistant City Manager Parks & Recreation Director Property File APPRAISAL SUMMARY AND ACCEPTANCE OWNER: Adelina L. Alvarado PROJECT: Carlsbad Municipal Golf Course: Lake Calavera ADDRESS: PARCEL: APN 168-020-17 ZONE: O-S Open Space SITUS ADDRESS: Lake Calavera Area Carlsbad, CA 92008 PRESENT USE: Vacant BEST USE: Open Space and Recreational LEGAL DESCRIPTION: See attached TOTAL PROPERTY AREA: 1.28 + acres AREA TO BE ACQUIRED: 1.28 + acres Market value of the required property is: Fifteen Thousand Five Hundred Dollars ($15,500.00) The market value estimate of the property being purchased is based upon an appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based on an analysis of recent sales of comparable sites and similar properties in this locality taking into consideration the highest and best use development of the property. FAIR MARKET VALUE, as used in this appraisal is "—the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obligated to sell, and the buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonable adaptable and available." (Section 1263.320 Code of Civil Procedure) Total payment is: $15,500.00 This summary represents the amount being offered as just compensation for a total taking and is presented in compliance with federal and state law and has been derived from a formal appraisal which includes supporting sales data and other applicable cost and income documentation. The data of value is November 1. 1989. Offer accepted this day of , 19 • Adelina L. Alvarado 2075 LAS PALMAS DRIVE W^SI ciM ,Ji^\^^^^ CARLSBAD, CA 92009-1519 mML^M (619)438-7753 Cttu Carlabab UTILITIES & MAINTENANCE DEPARTMENTS August 18, 1989 Adelina L. Alvarado 200 Olive Avenue, Space 2 Vista, CA 92083 Dear Mrs. Alvarado: As I mentioned in our brief telephone conversation of August 16, 1989, the City Council of the City of Carlsbad has determined to construct a municipal golf course on City-owned property surrounding Lake Calavera. In our review of property ownership in the Lake Calavera area, we have noted that you own the above referenced parcel; a 1.28 acre plat, surrounded by City-owned property. The location of your property is such that the City will need to acquire the property to construct the golf course. As you will note from the enclosed report to the City Council, an appraisal of the property's value is required before the City can initiate negotiations for the property. We are preparing to select an appraisal firm and will notify you when the selection process is complete. The appraiser will need to contact you prior to beginning the appraisal. As you suggested in our telephone conversation, I have also discussed this matter with your son, Mr. Lyle Alvarado. Your son has advised me that he will act as your representative in this transaction. Thus, if you have no objections, we will ask the appraiser to also contact our son. Building Maintenance, Fleet Operations, Real Property Management, Sanitation, Solid Waste Management Street Maintenance, Street Lighting, Traffic Signal Maintenance, Water Adelina L. Alvarado Page 2 August 18, 1989 Once the appraisal is completed, the City will be in a position to make an offer to purchase the property. Again, if you have no objection, we will contact your son with the offer. Should you have any questions, please contact me at 438-7753. Director RWA:mew Enclosure c: Mr. Lyle Alvarado Parks and Recreation Director SPRIWG MOUNTAIN ES.^ ^O/ P O. NO. ACCOUNT NO. INVOICE NO. INVOICE AMOUNT 572-S20-1S90-3072 $20,785,00 ALVARAVO PROPERTY 145304 CITY OF CARLSBAD, CALIFORNIA TOTAL $20,785,00 SPRING MOUNTAIN ESCROW CORPORATION 2725 Jefferson Street, #2D Carlsbad, CA 92008 Co. # 0150 Office # 009 RECEIPT FOR ESCROW FUNDS Escrow # 11796-B Received after Hours REC£iej TYPE (Circle One) Chec> N2 9415 12 Draft 13 Date 10-26-90 Cashier's Check Banking Date 14 Cash 15 Wire Transfer Other 10-29-90 ABA# 90-52 Received From City of Carlsbad Buyer, Seller Other twpni-y f-hnnqanrl c!P»^rf>n hnnrlyg^rl g-ight-y fiTT-o a nr>/1 nn-Amount$ 20,2785.00 Other Action: R Re-Open CARLSBAD BRANCH S90-106SM (8-89) White: Original Yellow: CTC Pink: Escrow File Goldenrod: Numeric Sequence File CODE ORDER NO. SPRING MOUNTAIN ESCROW CORPORATION CARLSBAD BRANCH HTACH AND RETAIN THIS STATEMENT DATE DESCRIPTION AMOUNT g "P T O ESCROW NO. ll/yb-b b o . / o BUYER : The City of Carlsbad, Californ SELLER : Adelina L. Alvarado PROPERTY : vacant land assessed under parcel no., 168-020-17 Funds due Buyer i#SPRlNG MOUNTAIN ESCROW CORPORATION The City of Carlsbad 12000 Carlsbad Village Drive Carlsbad, Ca 92008 Date: 10/30/90 Escrow No: 11796-B We have completed your escrow and are sending you the items checked below and the following information concerning your new property located at: vacant land, assessed under parcel no., 168-020-17 ENCLOSURES: _X_ Escrow closing statement and/or R.E.S.P.A. _X_ Check for $68.7 8 Fire insurance: Original Copy Policy No From Your Policy of Title Insurance Policy will be sent to you upon our receipt of same from the Title Company. RECORDED DOCUMENTS: All recorded documents will be mailed directly to the proper parties by the County Recorder's Office. TAXES: Parcel No Included in your monthly payment to Make your check payable to the County Tax Collector for the appropriate County which your property is located on or before April 10 (for the 2nd 1/2 installment) / December 10 (for the 1st 1/2 installment) Tax Bills: You may NOT be notified when your property taxes are due and payable. If you have NOT received a tax bill by November 10, contact the County Tax Collector for a duplicate copy. Exemptions: You must "hold title" to your property before March 1st to apply for your Homeowner's or Veterans exemption. A new Veteran's claim must be filed every year between March 1st and April 15th. SEE SECOND PAGE FOR SCHEDULE OF PAYMENTS Carlsbad Branch 785 Grand Ave. Suite 101 Carlsbad, CA 92008 (619) 729-0978 FAX #(619) 720-0571 iPSPRING MOUNTAIN ESCROW CORPORATION Closing Date 10/30/90 Escrow No: 11796-B Page 2 PAYMENT SCHEDULE HOMEOWNER'S ASSOCIATION; Payable to Account No: Address Payment: $ Next payment due : LOAN INFORMATION First Trust Deed Note payable to C\j^ Local Address ' /TT' Payment Address: Loan No Total Payment: $ consisting of: $ Principal & Interest $ Impounds Next payment due Maturity Date Second Trust Deed Note payable to Address Loan No Payments: $. Next Payment Due Maturity Date Thank you, we trust this transaction has been completed to your satisfaction, please do not hesitate to contact the undersigned should you have any questions, or if we may be of assistance. Sincerely, Spring Moun<Cair*C\Escrow Corp. By: Billie CEO/Asst. V.P./Manager Carlsbad Branch 785 Grand Ave. Suite 101 Carlsbad, CA 92008 (619) 729-0978 FAX # (619) 720-0571 SPRING MOUNTAIN ESCROW CORP. CARLSBAD BRANCH (619) 729-0978 785 Grand Avenue Suite 101, Carlsbad, CA 92008 Page 1 ESCROW STATEMENT OF: The City of Carlsbad, ESCROW OFFICER : Billie Schafer Escrow No. 11796-B DATE: Oct. 30, 1990 California, a Municipal Corp. PROPERTY : vacant land, assessed under parcel no., 168-020-17 ITEM BUYER DEBIT BUYER CREDIT Total Consideration Total Deposits County taxes 6 mos @ $ 29.93 from 07/C>l/90 to 10/30/90 Escrow fee to SPRING MOUNTAIN ESCROW CORP. Document preparation to SPRING MOUNTAIN ESCROW CORP. Title insurance to Continental Lawyers Title Co. CLTA Owner's Recording fees Deed $ 9.00 Mortgage $ Release $ State tax stamps Deed $ 22.00 Mortgage $ Balance : Check Enclosed Totals 20,000.00 360.00 25.00 320.00 9.00 22.00 68.78 20,804.78 20,785.00 19.78 20,804.78 THIS FORM SHOULD BE RETAINED FOR INCOME TAX PURPOSES SPRING MOUNTAIW ESCROW P.O. NO. ACCOUNT N 572-S20-U90-3072 ALVARAVO PROPERTV INVOICE NO. "VOICE AMOUNT $20,785.00 No.145304 CITY OF CARLSBAD, CALIFORNIA TOTAL $20,785.00 SPRING MOUNTAIN ESCROW CGMPORATION 2725 Jefferson Street, #2D Carlsbad, CA 92008 Co. # 0150 Office # 009 N° 9415 RECEIPT FOR ESCROW FUNDS Escrow # 11796-B Received after Hours TYPE (Circle One) Draft 12 13 Date 10-26-90 Cashier's Check Banking Date 14 Cash 15 Wire Transfer Other 10-29-90 ABA# ^0-52 Received From City of Carlsbad £^^Biiyer^ Seller Other /.oo Amniinffi 20,2785.00 twenty ..^v^n hnndrprl Piahtv five H nn/1 nn->^"^o""t» Other Action: Re-Open CARLSBADBRANCH Received by S90-106SM (8-89) White: Original Yellow; CTC Pink: Escrow File Goldenrod: Numeric Sequence File October 25, 1990 TO: FINANCE DIRECTOR FROM: UTILITIES AND MAINTENANCE DIRECTOR PURCHASE OF ALVARADO PROPERTY The attached agenda bill and agreement were approved by the City Council at it's meeting of October 9, 1990. The Mayor executed the Agreement to purchase the property. The purchase is in escrow with the Spring Motmtain Escrow Corporation. Escrow is to close on either 10/26/90 or 10/29/90. The total price, including escrow costs, is $20,785. Please prepare a check, payable to the Spring Mountain Escrow Corporation, in the amount of $20,785. Your immeciiate attention to this request is appreciated. Thanks. ON attachment October 25, 1990 TO: FINANCE DIRECTOR FROM: UTILITIES AND MAINTENANCE DIRECTOR PURCHASE OF ALVARADO PROPERTY The attached agenda bill and agreement were approved by the City Coimcil at it's meeting of October 9, 1990. The Mayor executed the Agreement to purchase the property. The purchase is in escrow with the Spring Mountain Escrow Corporation. Escrow is to close on either 10/26/90 or 10/29/90. The total price, including escrow costs, is $20,785. Please prepare a check, payable to the Spring Mountain Escrow Corporation, in the amoimt of $20,785. Your immediate attention to this request is appreciated. Thanks. attachment CITY C"^ CAFQBAD — AGENDA P'^L AB#. MTG, 10/9/90 ngPT. U/M TITLE: ACQUISITION OF ASSESSORS PARCEL NO. 168-020-17 LOCATED IN THE LAKE CALAVERA GOLF COURSE AREA DEPT. HD. CITY ATTY- CITY MGR.. RECOMMENDED ACTION: That the City Coimcil adopt Resolution No. authorizing the Mayor to execute the purchase and sale agreement and escrow instructions to acquire assessor's parcel number 168-020-17. ITEM EXPLANATION: On August 15, 1989, the City Council was advised by staff that a small parcel of land within the City's Lake Calavera ownership was privately owned and that the parcel was required for the proposed golf course. The Council authorized staff to obtain an appraisal of the subject property and to enter into negotiations to acquire the parcel. Subsequent to the Council's action staff contracted with Fuller & Associates, of Carlsbad, to appraise the value of the property. The appraiser determined that the estimated fair market value of the parcel was $15,500. The date of value was November 1, 1989. After re\dew of the appraisal, staff extended a formal written offer to purchase the property to the owner, Mrs. Adelina L. Alvarado, for the sum of 315,500. Negotiations were undertaken but have proceeded slowly, principally because of Mrs. Alvarado's age (96). Also, Mrs. Alvarado was reluctant to sell, as the property has historical significance for her family. The property is a portion of the original Rancho Agua Hedionda Land Grant and Mrs. Alvarado is a direct descendent of the Marron family, the original recipients of the Land Grant. After many discussions, Mrs. Alvarado has responded to the City's offer and has offered to sell the propeny for $20,000, plus closing costs estimated to be $2,500. The price requested by Mrs. Alvarado, while approximately $7,500 higher than' the estimated value, is considered reasonable, especially in view of the rime that has elapsed since the appraisal date. Additionally the cost of condemnation, which could range between $10,000 and $15,000, is avoided. In addition, Mrs. Alvarado has requested that the City place a bronze placque somewhere on the property to conunemorate the Rancho Agua Hedionda and the Marron family. Staff agrees that such an effort would be appropriate and are prepared to work with Mrs. Alvarado and the Carisbad Historical Society to create an appropriate placque. PAGE 2 OF AB# FISCAL IMPACT: Cost to acquire the parcel is estimated to be $22,500, including closing costs. The cost to create the bronze placque should not exceed $500. Funds are available for this project in Ftmd No. 572-820-1890-3072. EXHIBrrS: 1. Resolution No. 2. Summary, Acquisition Agreement and Escrow Instructions 3. Property plat RESOLUTION NO.. 1 2 3 4 5 6 7 8 9 10 11 12 13 11 r WHEREAS, the ovmers price appears ro be appropriate in view of the 11 15 tirr.5 :hat has elapsed since the appraisal date; and 11 16 ^ WHEREAS, the City has sufficient funds in account nimiber 572-820- 17 ' i! 1S90-3072 to pay for this purchase. 18 ^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 19 |i of Carisbad as follows: 20 ' 21 A RESOLUTION OF THE CITY COUNCIL OF THE CFFY OF CARLSBAD. CALIFORNL\, APPROVING THE PURCHASE OF ASSESSORS PARCEL NO. 168-020-17 WHEREAS, the City Council of the City of Carlsbad directed staff to begin negotiations for assessors Parcel No. 168-020-17 on August 15, 1989; and WHEREAS, the appraisal from Fuller & Associates estimated the value of rhe property at $15,500; and WHEREAS, the owners of the parcel have agreed to sell the parcel to the Gir\- for the sum of $20,000 and closing costs; and 1. That rhe above recitations are true and correct. 22 I That rhe price of the property is fair and equitable. li 23 i !i 24 \. ii 26 i'^ i 27 ' 1 2 3 4 5 6 7 8 9 10 11 12! 13 14 15 16 17 18 19 3. That the City Coimcil authorizes the Mayor to execute the acquisition agreement and escrow instructions and other documents related to the purchase of assessors parcel no. 168-020-17. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 20 I (SE.\L) 21 22 23 24 25 26 PROJECT: OWNER: PARCEL: SUMMARY ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS PRICE: ESCROW^ HOLDER: Carlsbad Municipal Golf Course: Lake Calavera Adelina L. Alvarado Assessor Parcel No. 168-020-17 Zone: O-S Open Space Size: 1.28 acres $20,000 Spring Mountain Escrow Corp. Carlsbad, CA Escrow Close: Escrow Costs: ASAP City pays all escrow/closing costs; estimated to be $2,500 ESTIMATED TOTAL COST: $22,500 EXHIBIT 2 Vl.S IN - ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) BETWEEN ar)T!T.TNA L. ALVARADO AND THE CITY OF CARLSBAD July 31,1990 TABLE OF CONTENTS Page 1. Agreement of Sale/Price ^ 2. Escrow ^ 3. Closing Costs ^ 4. Title ^ 5. Corjnissions 6. Attorney's Fees ^ 7 . Notices ^ 8. Entire Agreement - Amendments 6 9. Successors ^ 10. Assianment. 13 . 6 11. Che ice of Laws ^ 12, Waiver of Covenant, Condition, or-Remedy 6 In~er'oretation of Agreement "7 14. Sur- 15 T 7 7 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) This Agreement is made as of the day of \^(M^U<i^ , 13^0 . by and between ADELINA L. ALVARADO ("Seller") and THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer"). RECITALS: A. Seller is the Owner of that certain parcel of real property (the "Property") in the County of San Diego, State of California, described in Exhibit A attached hereto and by this reference incorporated herein, consisting of 1.28+ acres of vacant, unimproved land. B. Buyer desires to acquire the Property to allow the design and construction of a municipal golf course and other municipai purposes. C. The parties, in recognition of the foregoing and the CITY'S power of eminent domain, desire to enter into an agreement whereby Seller shall agree to sell and Buyer shall agree to buy the Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follows: 1. Agreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agrees 1 to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). The purchase price shall be paid by deposit of such sum into the escrow described in Paragraph 2 hereof in time to permit the closing thereof at the scheduled closing date. In no event shall said sum be deposited later than two (2) working days prior to the close of escrow. 2. Escrow. (a) Within three (3) business days after the execu-ion of this Agreement by both parties, a signed copy of this Agreement shall be deposited by Seller with the Spring Mountain Escrow Corporation ("Escrow Holder") (Attn. Billie Schafer, Escrow Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to open an escrow to complete the purchase and sale herein contemplated. Reference herein to the opening of escrow shall mean the date that a copy of zhis Agreement is deposited with Escrow Holder. By such deposit. Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement, which Agreer.en-, together with Escrow Holder's standard general provisions which are attached hereto as Exhibit B and by this reference are incorporated herein, shall constitute Escrow Holder's escrow ins-ructions. Seller and Buyer shall each deposit such other instruments and funds as are necessary to close the Escrow and ccmple-e the sale and purchase of the Property in accordance with the terms hereof. (b) This escrow is scheduled to close on or before Aucusr. 31, 1990. Time is specifically a matter of essence with respect to the closing and, notwithstanding anything to the contrary in the printed escrow instructions incorporated in this Agreement, the closing date may not be extended except by mutual consent of the parties. (c) Buyer shall have the option, which shall be exercised on or before August 17, 1990 to terminate this Agreement and all of its obligations incurred in connection herewith without liability of any kind, except that if Buyer should elect to exercise its option to terminate. Buyer shall pay all costs to terminate the escrow and legal fees incurred by SELLER. 3. Closing Costs. Closing costs shall be borne by the Buyer and Seller as follows: BUYER SELLER Escrow Fees 100% 0% Title Insurance Policy 100% 0% Documentary Transfer Tax 100% 0% Recording Fees 100% 0% Other Closing Costs 100% 0% Property taxes will be prorated to the date of the close of escrow and Seller will be responsible for paying for all delinquent and non-delinquent property taxes. Buyer will take the steps required to cancel property taxes after the date of the close of escrow. 4. Title. (a) Attached hereto as Exhibit C and by this reference incorporated herein is Continental Land Title Company Preliminary Title Report number 138206-05, dated July 28, 1989, which covers the Property. Seller has agreed to convey title to the Property to Buyer and Buyer agrees to accept title from Seller subject only to exceptions numbered three (3) four (4) and five (5) set forth in said Preliminary Title Report which affect the Property, which consist of a pipeline easement, amendments to a covenant and a note regarding access to the Property, only. All other exceptions in said Preliminary Title Report must be eliminated prior to close of escrow. Immediately after the opening of escrow, Buyer shall obtain a current preliminary title report from Continental Land Title Company showing the current state of title to the Property. Buyer shall have the right to disapprove any exception shown on such report that is not shown on the report attached hereto as Exhibit C. In the event that Buyer objects to any such additional exceptions and Seller is unable to eliminate such exceptions. Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to such additicnal exceptions or to terminate the escrow and all of its liabilities hereunder. (b) At the closing, Seller shall deposit into the escrcw a Grant Deed fully executed and in recordable form sufficient to convey to Buyer fee title to the Property. Said deed shall recite that title is conveyed subject to only those liens, leases, easements, encumbrances, covenants, conditions and restriction and other matters of record set forth in subparagraph 4(a) above or which may be approved by Buyer in accordance with subparagraph 4(a), above. (c) At the close of escrow and as a condition thereto, Continental Land Title Company shall agree to issue a CLTA Standard Coverage Owner's Policy of Title Insurance, with liability in the amount of the purchase price for the property, showing title to the Property vested in Buyer or its designee, subject only to the exceptions approved by Buyer pursuant to subparagraph 4(a) above. 5. Commissions. Buyer and Seller each represent to the other that they have not entered into any agreement or incurred any obligation which might result in the obligation of the other party to pay a sales or brokerage commission or finder's fee on this transaction and agree to indemnify, defend and hold each other harmless in the event such representations shall prove to be untrue. 6. Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including reasonable attorney's fees. 7. Notices. All notices under this Agreement shall be effective upon personal delivery to Seller, Buyer or Escrow Holder, as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage full prepaid and addressed to the respective parties as follows: To Seller: Adelina L. Alvarado 200 Olive Avenue—#2 Vista, CA 92083 To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Director To Escrow Holder: Spring Mountain Escrow Corporation 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer or to such other address as the parties may from time to time designate in writing. 8 . Entire Agreement - Amendments. This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purposes. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties hereto, except that any modifications which relate to the adjustment of time limitations (except the closing date) or to the form of documents may be made by legal counsel to the parties. 9. Successors. The terms, covenants and conditions of the Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective parties hereto. 10. Assignment. Buyer may not assign its rights hereunder without the prior written consent of Seller. 11. Choice of Laws. This Agreement shall be govemed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. 12. Waiver of Covenant. Conditionr or Remedy. The waiver by one party of the performance of any covenant, condition, or promise shall not invalidate this Agreement nor shall it be considered a waiver by him of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 13. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organization are for convenience and shall not be used in construing meaning. The language of this Agreement shall not be construed for or against either party. 14. Survival. This Agreement shall survive the close of escrow and shall remain a binding contract between the parties hereto. 15. Time. Time is of the essence of this Agreement, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the date first above written. THE CITY CARLSBAD, a munLciR^l carp^zSTaf By. CLA'-Dr A. LEWIS,^ MAYOR ATTEST: Aletha L. Rautenkranz, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney '7'30-^O, ADELINA L. ALVARADO NCTi'^.YruEUC-CAU.cr.:::.; OFFICIAL SEAL SALLY a MARTINEZ NOTARY PUBUC - CAUFOF.NIA j SAN CIEGO COUNTY liy comm. exrjires MAY 30, 1992 5 LEGAL DESCRIPTION ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH OCU'DO" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18''27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20''12'00" WEST 263.96 FEET; THENCE NORTH 54''35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. IN - UNIF. In N 168-02 330 Q lountain Escrow Corporation Escrow No. . ' Pa^j GENEFIAL PROVISIONS JTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVERALLY, THAT: :lose of escrow shall be the day documents deposited in this escrow are recorded. e conditions of this escrow have not been complied with at the time provided (or In these instmctions, YO" less to complete this escrow as soon as the condlllons (except as to time) have been compiled with, unless a written for the return of moriey and/or instruments by a party to this escrow is received by you prior to the recording of any nt provided for in these instructions. lotice. demand, or change of Instructions shall be of any effect unless given to you in writing and approved in wntlng by is affected by the same. efore or after recording documents, you receive or become aware of any conflicting demands or claims (hereafter. {•") with respect to this escrow, the rights or obligations of any of the parties or any money or property deposited or . you shall have the right to discontinue further performance on your part until the conflict is resolved to your satisfaction, ion, you shall have the right to commence or defend any action or proceeding you deem necessary for the determination andlct. A conflict shall be deemed to be your receipt of unilateral Instructions or mutual Instructions from some, but not e parties to this escrow. jld any controversy arise between the parties to this escrow or with any third person, you shall not be liable to take any of any kind, but may withhold all moneys, securities, documents or other things deposited into escrow until such ersy has been determined by agreement of the parties or by legal process. the event any action Is commenced to determine a confiict or otherwise to enforce or declare the provisions of these tions or to rescind them including, but not limited to: a suit In interpleader, whether or not the action is prosecuted to final mt, voluntarily dismissed or settled, and Irrespective of whether you are the prevailing party in any such action; or if it es necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any matter or thing out of or in any way related to these Instructions, whether or not suit is actually commenced, the parties to this escrow and severally agree to pay all of your costs, damages, judgments and expenses, including attorneys' fees, incurred by you -lection with the same. is understood that the fees agreed to be paid for your services are for ordinary and usual services oniy, and should there be traordlnary or unusual services rendered by you, the undersigned agree to pay reasonable compensation to you for such rdinary or unusual services, together with any costs and expenses which may be Incurred by you in connection with the and you are hereby given a lien upon all documents, moneys and securities deposited In this escrow until you have been so snsated or reimbursed. It is understood that In the event this escrow is cancelled, you will receive compensation for such es as you have rendered In connection with this escrow. screw holder shall not be held liable for sufficiency or correctness as to form, manner or execution or validity of any nent deposited Into escrow, nor as to the identity, authority, or rights of any person executing them, nor lor failure of any lo this escrow to comply with any of the provisions of any agreement, contract or other instrument filed or referred to in instructions. The duties of escrow holder shall be limited to the safekeeping of money, instruments or other documents ed by escrow holder and for the disposition of them in accordance with the written Instructions accepted by escrow holder, he knowledge of escrow holder of matters affecting the property, provided such facts do not prevent compliance with these iclions. does not create any liability or duty in addition to the responsibility of escrow holder under these instructions, iw holder shall not be obligated to make any physical examination of any real or personal property described in any ment deposited Into this escrow. The parties agree escrow holder Is not making any represehtationswhatsoever regarding property. •scrow holder shall be under no obligation or liability for failure to Inform the parties to this escrow regarding any sale, loan, inge. or other transaction of facts within the knowledge of escrow holder conceming the herein described property, providea iS not prevent escrow holder's compliance with these instructions. escrow holder shall not be concerned with giving any disclosures required by Federal or Slate law, including, but not llmitea iy disclosures required under Regulation Z pursuant to the Federal Consumer Credit Protection Act. the effect of any roning ordinances or regulations affecting any other property described In this escrow. The undersigned jointly and severally 9 to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by either party or their active agents or the faiiure of the parties to this escrow to compiy with the rules and/or regulations of any governmental icy, state, federal, county, municipal or otherwise. Parties to this escrow have satisfied themselves outside escrow that this •.action is not In violation of the Subdivision h4ap Act or any other law relating to land division, and escrow holder is relieved of jsponsibility and/or ilability in connection with the same and is not to be concerned with the enforcement of said laws. You are authorized and Instructed to utilize the services of a sub-escrow agent, within the scope of Section 1738.4,.5 of the fornia Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necessary. Escrow is authorized and Instructed to furnish information from this escrow to lenders and/or brokers as may be requested lem, including, but not limited to copies of all instructions and closing statements In this escrovv.' Escrow Is authorized to ;pt funds deposited to our account by our broker or agent without further authorization. All deposits made by the parties to this escrow shall be deposited by escrow holder In an account designated as "Escrow it Account" with any local bank, without any liability for interest. All disbursements shall be made by check of escrow holder vn on said account Escrow holder shall not be obligated to Identify or to guarantee the signature of any payee on said cks. All documents and checks in favor of the parties shall be mailed, unregistered, to the addresses of the respective parties 'orth in these instructions. Ttiese instructions may be executed in counterparts, each shall be deemed an original regardless ot the date executed anc ouNTiNENTAL LAND TITLE COMPA.,. A SUBSIDIARY QF ' AWYERS Tin E INSURANCE CORPORATION k • 4542 RuFFNER STREET SAN DIEGO. CALIFORNIA 92111 11989 ( 6 1 9 ) 27 8 - 4 1 71 sived lity/ enance ITY QF CARLSBAD 075 LAS PALMAS DR. ARLSBAD, CALIFORNIA TTENTION: RALPH ANDERSON YOUR NO. ALVARADO OUR NO. 138206-05 AS OF JUL'^ 28, 1989 AT 7:30 A.M. J RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF ITLE INSURANCE CONTINENTAL LAND TITLE COMPANY / REPORTS -HAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE ^FREGF. A -CY OR PQI ICIES OF TITLE INSURANCE DESCRIBING THE LAND AND 5TATE OR -.\T^^P5T THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS MAY BE SGE-AINED BY REASON OF ANY DEFECT, LIEN OR INCUMBRANCE NOT SHOWN r-RRtrr^ TH :i - AN -XCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVtRAGc ANf TO ^SE~=R?NTiSscJESuLES, CONDITIONS AND STIPULATIONS OF SAID POLICY • RINTED EXCE=-:QNS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR Tcc ARC C-- -GRTH IN TH=^ ATTACHED LIST. COPIES OF THE POLICY FORMS D BE RIAB: THEV ARE AVAIL.ABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. REPORT if\'r ANY SUPP' ^MENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR 'URPQSE OF --ACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND •ABILITY A-^-UM^D HEREBY. IF IT IS DESIRED THAT LIABILITY Bt ASSUMED j TO THE ii5-ANCE~0F A' POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT .0 BE REQUES-ED. -ORM OF PC. ICY QF TITLE INSURANCE CONTEMPLATED BY THIS REPORT ISI CALIFQRNi: _ANO TITLE ASSOCIATION STANDARD COVERAGE POLICY Cxl AMERICAN _AND TITLE ASSOCIATION LOAN POLICY ^ AMERICAN _AND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY il AM^^ICAN -ND TIP E ASSOCIATION OWNER'S POLICY FORM^3-^ SCHEDULE A ORDER NQ. 138206-05 TATE QR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TQ D BY THIS REPORT IS: TQ SAID ESTATE QR INTEREST AT THE DATE HEREOF IS VESTED IN: JA L. ALVARADO, A WIDOW \ND REFERRED TQ IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, { QF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION SCHEDULE B ORDER NO. 138206-05 I DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- AND EXCLUSIONS IN THE POLICY FQRM DESIGNATED QN THE FACE PAGE OF THIS T WOULD BE AS FOLLOWS: PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. THE LIEN QF SUPPLEMENTAL TAXES. IF ANY, ASSESSED^PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 QF DEEDS AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LQT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER QF THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST QN RANCHO LINE TO BEGINNING, ALL IN SECTION 27, TOWNSHIP II SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERI- DIAN; ALSO BEGINNING AT CORNER NO. 3 QF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE QF SAID RANCHO, 1766.00 FEET; THENCE SOUTH 329.00 FEET TQ THE NORTH LINE OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN. THENCE EAST ALONG SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 27, 34 AND 35, TOWNSHIP II SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST PARAl ' £L TO THE SOUTH LINE OF SECTION 35, TOWNSHIP II SOUTH, RANGE 4 WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP II SOUTH, RANGE 4 WEST; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 3b TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE QF RANCHO AGUA HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NQ. 3 TQ THE POINT QF BEGINNING, ALL IN TRACT "D" QF RANCHO AGUA HEDIONDA, AS SHOWN QN MAP NO. 823, OF PARTITION QF RANCHO AGUA HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, CALIFORNIA. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DEEDS -uHfcuULE B PAGE NO. 2 NO. 138206-05 NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT OF WAY QR EASEMENT OVER ADJOINING QR ADJACENT PROPERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NO. 2: PROPERTY TAXES FQR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY: EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: ASSESSOR'S NO: NQ. 3: 1989 $20.09 PAID $NONE $20.09 PAID $NQNE $NQNE $3,857.00 $NQNE $N0NE 09015 168-020-17 THE CHARGE FQR A POLICY QF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. YOUR cm SPRING MOUNTAIN ESCROW OORP. CARLSBAD BRANCH (619) 729-0978 2725 Jefterson St., Suite 2B, Carlsbad, CA 92008 Page 1 ESCROW STATEMENT CF: The City of Carlsbad, ESCROW OFFICER : Billie Schafer Escrow No. 11796-B DATE: Oct. 19, 1990 California, a Municipal Corp. PROPERTY : vacant land, assessed lander parcel no., 168-020-17 ESTIMATED CLOSING STATMENT - BUYER Total Consideration County taxes 6 mos @ $ 29.93 from 07/0V90 to 10/19/90 Escrow fee to SPRING MOUNTAIN ESCROW OORP. Document preparation to SPRING MOUNTAIN ESCRCW OORP. Title insurance to Continental Lawyers Title Co. CLTA Owner's State tax stairps Deed $ 22.00 Mortgage $ PADDING TO BE REFUNDED AT OOE Balance Due Totals BUYER DEBIT 20,000.00 360.00 25.00 295.00 22.00 100.96 20,802.96 BUYER CREDIT 17.96 20,785.00 20,802.96 SELLL.' _ p,, AGENT copy i, BROKER__copy f( your ro ESTIMATED CLOSING STATEMENT - BUYER SPRING , MOUNTAIN ESCROW CORPORATION TO TORE FUNDS TO SPRING MDUNTAIN ESCRCW CORPORATION PIONEER SAVINGS AND LOAN ASSOCIATION 120 Newport Center Drive Newport Beach, California 92660 ABA # 3222 86324 for the credit of Spring Mountaiii Escrow Corporation Carlsbad Branch, Escrow Nuntoer ATT^kd^f ' ^^^'^ -7}., f^^L q I/\h!jCik{LdL^ _ Branch Trust Acii^urif Number 259209 ^ • ALL OF THE ABOVE INFORMATION MJST BE ON THE WIRE INSTRUCTIONS. on the date that the wire is sent we mast be notified so that v^en the wixe is received and they are notified of the receipt they can contact us iirme- diately without checking with 24 branches to see where the rroney is intended to go . .,K.o h -- - PO. 60x1151 Carlsbad, CA 92008 619-729-0978 carlsbad Branch ^f^g^ |!SV,Ol # SPRING MOUNTAIN ESCROW CORPORATION To: Spring Mountain Escrow Corporation 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 Escrow Nb. 11796-B Date: Octc±»er 17, 1990 PRELIMINMg TITLE REPORT APPROVAL: The undersigned buyer hereby acknowledges that he has received, read, and approved a copy of the preliminary title report issued by Continental Land Title Corapany dated October 10, 1990 under their order No. 156027-04 described therein the property which is the subject of this escrow. At the close of escrow, the Policy of Title Insurance issued in connection with this transaction will contain only iteins Nos. 1, 2, 3, 4, 5, and 6 of such report, PLUS those itans that will reflect the documents being recorded at the close of escrow. Attached to your copy of the report are the following itotis: item no 4 • Buyer's execution ana delivery of this instruction to escrow holder shall evidence as a full satisfaction of the contingency setforth in the original escrow instructions. Escrow holder is authorized to proceed with the processing/closing of this escrow. Date received: Octdjer 12, 1990 The City of Carlsbad by:. carlsbad Branch 785 Grand Ave. Suite 101 Carlsbad, CA 92008 (619) 729-0978 FAX # (619) 720-0571 aim Of CALxioiutu.) cmnmr or L t aniaJti\ On tm* 7th ««y of July. W30, b«for« M, tb* «i^«r»?|^4;^«'*»t«ry >uWl« IB and for MU Ckmaty ntf at«t«. p«rMMllT I»ob«rt IjJ»*«Srt MK rr«MM K. P..«oak. know* to m» to bo th. porooaa vhooo B*M. .T*^«J»««1^ to th. forocolM !••»"- mont. ona •cknowlodgod to •• that thoy •xooutod^th**io»o. wrnntSS «y h«nd and offlo>»*^l tho day and y*«r In thia Oartlfloato •bOT« wrItttD. tint Oladya B. Ward* Votary ?ubllo In and te^HTli County and Btata. Reoorded^ R<iqu«at of \Jnlon Tltla Ina\rano« Co, Aug. at fl o'olook A. M. John H. wrry» County. Haoordor 36836 ro- n.OO By L. B. Woodard. Doputy ORAirr DUD THIS DfDlWTURS, aada thia nth day of J\ino, 1930, by and batman Oooanaldo Mutual Water Company, a corporation. Mi t Party, and Citlxana Rational Truat and a*Tln«a Bank, of Loa Angalea, a corporation, S^oond Party, iriTNXSSZTH: THAT, m oonaldaa-atlon of tho aun of Tan (•lO.OO) Dollara, and other good anfl T«)v!<.bl<. oon.lrtar.tlon., th. r.oalpt whar.of la haraby aeknowladgod, rirat Party doaa haraby grant to tha Saoond Party that oartaln raal proparty within tha County of Ban Dlago, bounded and deaorlbad aa folXowa, to-wlt: All that portion of Lot "D" Ranoho A«ua Hedionda aa par Uap thereof Ro. 883 Reoor<l8 of 3an Dlago County, California, deaorlbad aa followo! Beginning at tha Korth Quarter corner of rraotlonal Sao. 38 Twp. 11 South, Range 4 Waat, 8. B. B. k. W; thanoa South 0'14' Weat 8188,80 feat along tha Morth and South oanter line of aald Sec. 38 produced within the Grant to the Southeaat oomer of that parcel of land oeoToyad by Cheater Ouna and Bllaabath Ouan to Oeorg* 1. Ounn aad Ch.atar D. Ouna by Deed Raoordad KOT. 6. 1980 paga 814. Book 889 of Daada, Haaorda of San Dlago County. California; thanoa South 74*39' Weat 819.33 feat to tha tru. point of baglnalng-, thanca South 18'a7' laat 867.00 feet; thence South 84*48'40" Waat 308.68 fa.t; thane* north 80»18« Weat 863.96 f**t; thanoa Morth 64*3B' laat 317.18 fa*t to th* tru* point of b«glnnlng, *x**ptln« th*r*fro« that portion of tha »bo« daacribad paroal lying b*tw*«x tbe Weatevly boundary thereof, .nd a Una drawn parallel with aad en* huMred (100) fa.t •eaaurad at right angle*, U*terly froa aald W**t*rly boaadary. Th* proparty herela d**erlb*d 1* ooBT*y*d •ubJ*ot to tax** ooa^tltutlng • ll*n not y*t payable, aad aubjaot to tbe followlag •oadltiona, ra.trlotlon., and llalta. tloaa, to-wlt: 1 1H7 i 1 • Said proi,*rty ahall b* us*d aad oeeupled only for th* purpoaA ef dlroVtlag aad bvaplag water aad for th* laatallatlen aad Mlntaaana* of B*e*aaary direralea worka. puaplag pquipMat and cppllaBO**. Mo daa er dlrcraloa work* aoaatnotad th*r*oa ahall *z***d th* |L*T*1 of th* Two Hundred Psrty-foor (844) foot ooatour aad ao raaarrolr eonatruetad tharaon lihall h*T« aa Impounding eapaolty *z«**ding two (8) aor*»f**t. Said property ahall not b* ti**d for purpo*** of r**ld*ae*, oaap or othar fom of huaaa habitation. Th* eoadltloa* h*r*lB aat oat •hall b* bladiag npoa the aucceaaora end aaalga* of tha 8*ocnd Party aad ahall ba aaforoaabl* by th* rirat Party ond ita aueeaaaara la iat*r*at at any time. Of WIBII88 WHIRIor, the rirat Party haa aauaad thaae proaanta to ba executed by ita 6ffloera tharaxinto duly cuthorlsed, tha day aad year flrat abora written. OOXAMSIDX HtmUL WATSt OOMPAlTr, By H. Kraaanana, Praaldaat. By J. I. Tolgta, Sacretary. Oc^aaid* Wa la^erporatad SS. 8TATX or CALirORMU, COUNTT or LOS AMOXLIS) On thia 80th day cf June, 1930, b*fore ae, Wllbert Burkert, a Notary Publio In and for aald County of Loa AageXea, California, residing therein, duly coaalsaloned and aworn, /arson- ally appeared B. Kraaaaann known to ae to b* th* Pre*Ident, and J. X. Tolgta, known to me to be the Secretary of Ooennslde Mutual Tatar Coapany, a corporation, organlcad and ezlatlng «inder and by rlrtu* or the Xawe of tha State of Califomia, which corporation executed the within iaetmaent; aofl toknoal.deed to m« that aueh -corporation executed the aan*. IM WinrXSS niXRSOr, I h.re hereunto aot hand and affixed ay aeal the day and year first In tliJAj^ertifIcate written. wubart Burkert, Rotary Public In and for aald County and State. Hy Conitaalon Izplna Deo. 12. 193E. Recorded at Requa.t vf Union Title Inaureace Co. Aug. 5. 19:^0 at 9 o'clooi: A. li., John H, Perry, County Recorder Pa* tl.40 By 1. B. Wood.rd, Deputy "•"'•ANlln .-OOOOOOOO. TUUg RSOORTXYARCS KXOW ALL UXM BT THESE miSOrtp^ TlUT, VHZRXAS, UNION TR[p0f'cOI(PANT OP SAM OIBO, a corporation having ltyiK(!Mnol(jl place of lualneaa atjtotf'Ciego, Califarnia, Truatee under Deed ofT^tM* ajTeouted by Heman A 31 32. 33. 35. 36. IWSPRING MOUNTAIN 11796-B ^^V>fS/^ I Escrow No. Oct. 10, 1990 CORPORATION •"• ords 1 B'lYFR p'e. !urn SALE ESCROW INSTRUCTIONS L**?^,,, r.r.llL 2. *^roDy• records 3. rpQ^ AGEN'' ' opy lor your records 4- SPRING MOUNTAIN ESCROW CORPORATION EIS^W^ IT^^.PyfWg^-I^^^^^ ^- 785 Grand Avenue, Suite 101 / (P. 0. Box 1151) Date: 10/17/90 ^- Carlsbad, California 92008 Billie Schafer (619) 729-0978 Escrow Officer ^- Title Order No.: 156027-04 ^- Title Co.: Continental Lawyers Title Co. 10. ^ 11. 12. 13. 14. 1) The attached copy of Acquisition Agreement and Escrow Instructions J^- dated July 31, 1990 and Extension Letter dated September 29, 1990 are to be construed as your escrow instructions, and you are authorized to act thereunder insofar as processing and closing said escrow is concerned. 20. 2. Notwithstanding anything therein contained, escrow holder's only duties and responsibilities thereunder shall be with such provisions therein contained which pertain to the normal function of an escrow agent. 22. 23. 24. 25. 3. For the escrow holder's benefit all conditions and/or contingencies 2g therein contained shall be satisfied, dissatisfied or waived in writing • to escrow holder. 4. For the escrow holder's benefit modifications and/or additions to provisions therein contained are hereby approved and accepted. ^. Prorate as of CLOSE OF ESCROW the following: Real Property taxes for fiscal year 1990/91 6. General Provisions of the Spring Mountain Escrow Corporation are incorporated in said instructions as shown therein as Exhibit "B" as evidenced by the signatures of the parties hereto. 7. Indicate on the Deed to file, all future tax statements are to be mailed to: The City of Carlsbad Attention: City Manager 1200 Carlsbad Village Drive Carlsbad, Ca 92008 8. Pay documentary transfer tax in the amount of $22.00, based on Full Value computed at $1.10 per $1,000.00. 9. Escrow holder is to release any and all information relating to this file to the Seller's accountant: Rodolfo Castaneda 1939 W. Vista Way Vista, Ca 92084 941-4520 ASSEMBLY BILL 512 THE PASSAGE OF ASSEMBLY BILL 512, EFFECTIVE JANUARY 1, 1990, HAS MADE SIGNIFICANT CHANGES IN THE MANNER IN WHICH FUNDS QUALIFY AS "AVAILABLE FOR DISBURSEMENT." The "Availability of Funds" provisions as provided by said bill are approved and incorporated within the terms of this escrow as evidenced by signature to these instructions. BUYER'S APPROVAL I agree to ALL BUYER'S and SELLER'S usual charges on demand, , including, but not limited to: sub-escrow fee if incurred on my behalf only, recording grant deed, seller's and buyer's escrow fee, drawing any trust deed and note executed by me, recording and drawing any other EC 1101C (4/90) ^SPRING MOUNTAIN ESCROW CORPORATION Escrow No. nygg.B Oct. 10, 1990 Page 2 1. 2. , 3 documents necessary on my part, loan tie-in fee, and lender's fees 4 incurred as specified in said lender's documents. 5. g BY SIGNATURE BELOW, THE GENERAL PROVISIONS ON EXHIBIT "B" HEREOF ARE 7 APPROVED AND INCORPORATED WITHIN THE TERMS OF THIS ESCROW AS THOUGH THE SAME APPEARED OVER MY SIGNATURE. 9. .jQ Prepare the grant deed providing tax statements and the recorded grant deed to be mailed to buyer at: Address shown below or as directed 12. 13. .,4 The City of Carlsbad, ^15' California, a Municipal Corp. 16. 17. 18. 19. 20. 21 Attest: 22. 23. BY 24. Aletha L. Raultenkranz, City Clerk 25. 26. Approved as to Form: 27. 28. 29. Vincent F. Biondo, Jr., City Attorney 30. 31 Address: 12000 Carlsbad Village Drive Carlsbad, Ca 92008 32. 33. Telephone No. Work 438-7753 Home 34. 35. 36. 37 SELLER'S APPROVAL 38 THE FOREGOING TERMS, CONDITIONS AND/OR INSTRUCTIONS TOGETHER WITH THE 39 GENERAL PROVISIONS ON EXHIBIT "B" HEREOF, ARE CONCURRED IN, APPROVED AND 40. ACCEPTED BY THE UNDERSIGNED SELLER AS EVIDENCED BY SIGNATURE BELOW. 41. 42. I will hand you all instruments and money necessary for me to comply 43. with the above including a grant deed to the property described, which 44. you are authorized to record or deliver when you can comply with these 45. instructions. 46. 47. You are authorized and instructed to pay all encumbrances on said 48. property, except those which are to remain a lien at close of escrow as 49. previously set forth, from the proceeds of this escrow. 50. 51. As escrow holder, request my agent to assign any fire and other 52. insurance of mine handed you or that beneficiaries inform you they hold 53. unless there are provisions to the contrary within these instructions or 54. any written amendments to the same. 55. 56. I agree to pay NO CLOSING COSTS AND CHARGES, with the exception of 57. payment for the Seller's pro-rated portion of the real property taxes. 58. 59. Make check for balance payable to: Adelina L. Alvarado 60. 61. Mail check and all my documents to: Address shown below or as directed 62. 63. 64. 65. Adelina L. Alvarado 66. 67. Address: 200 Olive Ave Space 2 Vista, Ca 92083 68. 69. Telephone No. Home 70. EC1101c (4/90) Spring Mountain Escrow Corporation Escrow No. 11796-B Dat Oct. 10, 1990 i ' Pag. 3 AVAIIABILIXI OF FUNDS THE PASSAGE OF ASSEMBLY BILL 512, 'EFFECTIVE 'UANUARY'. H 1990, HAS" MADE SIGNIFICANT CHANGES IS THE MANNER IH WHICH FUNDS QUALIFY AS "AVAILABLE FOR DISBURSEMENT." The new law mandates that all funds payable to a title insurer be coUected and available for withdrawal prior to recordation and disbursement. Although this Bill was intended to regulate the title insurer, It directly effects the closing of this escrow in the following manners: A) Most lenders fund their loans directly to the title insurer along with instructions to hold these funds, undisbursed, until such time as their Deed of Trust is recorded. When the documents are recorded, the lender s funds are available for use by the escrow holder or under their direction. ' B) The title insurer further uses all or a portion of these funds, under specific instructions from the escrow holder, to pay seller's llen(s) or obligation(s) . Until such time as the funds are made available by the title insurer to the escrow holder for disbursement, no liens and/or charges and costs in this escrow transaction can be paid. \ IN ORDER TO FACILITATE THE CLOSE OF THIS ESCROW THE FOLLOWING SHALL APPLY: a) In the event that it is necessary for escrow holder to disburse funds to the Title Company in this transaction to complete the payoff of the Seller's existing loan(s) or obllgation(s), in order to deliver clear title to the Buyer, escrow holder Is hereby authorized and Instructed to make this disbursement prior to close of escrow, allowing sufficient time to meet the title company's requirements under the law herein stated above. b) Buyer/Borrower accepts responsibility for ascertaining the type of "funds transfer" being utilized by their lender and Is aware that failure to provide good funds, including those from their lender, may cause significant delays in recording or closing their transaction. Escrow holder shall not be held responsible or liable for the non-availability of lender s funds issued in a manner which does not allow the title insurer to immediately disburse. c) Buyer anl Seller agree to deposit funds into escrow in sufficient time to meet their closing date requirements and comply with the new law. In the event that the balance of buyer's downpayment is to come frora the close of Buyer's sale escrow, it is the Buyer's responsibility to instruct the sale escrow holder to wire transfer Buyer's net proceeds directly to Spring Mountain Escrow Corporation. This escrow cannot close until we are in receipt of these collected funds. In the event that the Seller's proceeds are required to close Seller's purchase escrow and said escrow is with another escrow company, it is the Seller's responsibility to provide electronic payment (wire transfer) information to Spring Mountain Escrow Corporation. In the event that the Seller does not provide this information. Spring Mountain Escrow will issue a Trust Account check to the purchase escrow which could delay the close of that transaction. d) Regardless of the date of final disbursement of funds, all prorations shall be made as of the date of recordation of the Deed from Seller to Buyer unless escrow holder is instructed to the contrary in writing prior to close of escrow. The close of escrow" shall be deemed the date of the recordation of the Grant Deed to Buyer herein. ESCROW HOLDER IS INSTRUCTED TO CLOSE THIS ESCROW ONLY WHEN THE TITLE INSURANCE COMPANY IS IN A POSITION TO IMMEDIATELY DISBURSE THE FUNDS HELD BY THEM TO THE ESCROW HOLDER. SPRING MOUNTAIN ESCROW CORPORATION SHALL HAVE NO RESPONSIBILITY FOR ACCRUALS OF INTEREST AND OTHER CHARGES RESULTING FROM COMPLIANCE WITH THE DISBURSEMENT RESTRICTIONS IMPOSED BY STATE LAW. AAAAA*AAAAAAAAAAAAAAA*AAAAAAAAAAA*AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA*AAAAAAA*AAAAAAAAAAAAAA*AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA FOR INFORMATION PURPOSES ONLY, three primary categories of availability have been established and are briefly outlined below; 1 SAME DAY AVAILABILITY: Funds deposited by cash or electronic payment are available for disbursement immediately upon receipt. Hpwever, it may be necessary to wire funds a day prior to the day of recordation to allow for wiring time limitations. Although cash is a good form of funding, it is not the policy of Spring Mountain Escrow Corporation to accept cash to close an escrow. 2. NEXT DAY AVAILABILITY: Cashier's checks drawn on California Banks, Certified Checks, Teller Checks and/or Checks drawn by an insured financial institution against an insured financial institution may be disbursed the day after they have been deposited into the escrow trust account. 3. CREDIT TO ACCOUNT: Personal, private corporation checks, escrow checks, and drafts may be disbursed when they are actually credited to the account into which they were deposited. IF YOU ELECT TO WIRE FUNDS TO THE ESCROW COMPANY, PLEASE CONTACT SPRING MOUNTAIN ESCROW CORPORATION REGARDING INFORMATION TO DO SO. . WXR£/CASUX£R*S CUKCK F£E BY SIGNIHG THIS INSTRUCTION. PARTIES ACKNOWLEDGE THAT IH THE EVENT ESCROW HOLDER IS REQUESTED TO WIRE TRANSFER FUNDS. THERE liti s I SE OF $50.00 OR IN TUE EVENT ESCROW HOLDER IS REQUESTED TO PROVIDE A CASHIER'S CHECK. CERTIFIED CHECK AND/OR Ja^ER CHECK! THERE wilL BE A $30.00 FEE. SAID FEE WILL BE CHARGED TO TUE PARTIES REQUESTING SAID SERVICES AND NO FURTHER AUTHORIZATION IS DEEMED NECESSARY FROM TUE UNDERSIGNED. if D^^SsARY (AT ESCROW HOLDER'S SOLE DISCRETION) TO FACILITATE THE CLOSING OF THIS ESCROW ^ A ««ELY MANNER ELROW^^DER IS^REI« AOTH^^^^^ AND INSTRUCTED TO DEBIT SELLER'S OR BUYER'S ACCOUNT (AS TUE CASE MAT BE) AND PAY FEDERAL SsS (OR SlMJS^™? CHARGES OF $25.00 NORMAL DELIVERY AND $35.00 FOR SATURDAY DELIVERY OF PAPERS AND/OR DOCUMENTS, HEREUNDER. PARTIES HERETO UNDERSTAND SUCH COSTS/CHARGES ONCE EXPENDED. ARE NOT REFUNDABLE. The City of Carlsbad, California, a Municipal Corp. Slgnature(s) Slgnalure(s), BY: Adelina L. Alvarado BY; •> M September 29, 1990 / \- . Uiiiily/ Ralph W. Anderson, Director Utilities and Maintenance Department City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 Ref: Closing Date Consent Dear Mr. Anderson, In reference to our agreement on the purchase of Parcel No, 168- 020-17, in which escrow was scheduled to close on or before August 31, 1990, I wish to confirm that by mutual agreement: I, Adeline L. Alvarado, agree to extend the escrow closing date, not to'exceed November 1, 1990, pursuant to Section 2-B on agreement date July 31, 1990. \ Sincerely, ? n s { Adelina L. Alvarado cc. Lionel Alvarado y-i .z ^ ^ RECEIVED C^^IC^S^S^ SMEC . Carlsbad Br. OCT 1 5 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) BETWEEN ADELINA L. ALVARADO AND THE CITY OP CARLSBAD ^'^121990 July 31,1990 TABLE OF CONTENTS Page 1. Agreement of Sale/Price 1 2. Escrow 2 3. Closing Costs 3 4. Title 4 5. Commissions 5 6. Attorney's Fees 5 7. Notices 5 8. Entire Agreement - Amendments 6 9. Successors ^ 10. Assignment ^ 11. Choice of Laws 6 12. Waiver of Covenant, Condition, or Remedy 6 13. Interpretation of Agreement 7 14. Survival ^ 15. Time "7 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) This Agreement is made as of the 19^, by and between ADELINA L. ALVARADO ("Seller") and THE CITY OF CARLSBAD, California, a municipal corporation ("Buyer"). RECITALS: A. Seller is the Owner of that certain parcel of real property (the "Property") in the County of San Diego, State of California, described in Exhibit A attached hereto and by this reference incorporated herein, consisting of 1.28+ acres of vacant, unimproved land. B. Buyer desires to acquire the Property to allow the design and construction of a municipal golf course and other municipal purposes. C. The parties, in recognition of the foregoing and the CITY'S power of eminent domain, desire to enter into an agreement whereby Seller shall agree to sell and Buyer shall agree to buy the Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follows: 1. Agreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agrees 1 to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). The purchase price shall be paid by deposit of such sum into the escrow described in Paragraph 2 hereof in time to permit the closing thereof at the scheduled closing date. In no event shall said sum be deposited later than two (2) working days prior to the close of escrow. 2. Escrow. (a) Within three (3) business days after the execution of this Agreement by both parties, a signed copy of this Agreement shall be deposited by Seller with the Spring Mountain Escrow Corporation ("Escrow Holder") (Attn. Billie Schafer, Escrow Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to open an escrow to complete the purchase and sale herein contemplated. Reference herein to the opening of escrow shall mean the date that a copy of this Agreement is deposited with Escrow Holder. By such deposit, Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement, which Agreement, together with Escrow Holder's standard general provisions which are attached hereto as Exhibit B and by this reference are incorporated herein, shall constitute Escrow Holder's escrow instructions. Seller and Buyer shall each deposit such other instruments and funds as are necessary to close the Escrow and complete the sale and purchase of the Property in accordance with the terms hereof. (b) This escrow is scheduled to close on or before August 31, 1990. Time is specifically a matter of essence with respect to the closing and, notwithstanding anything to the contrary in the printed escrow instructions incorporated in this Agreement, the closing date may not be extended except by mutual consent of the parties. (c) Buyer shall have the option, which shall be exercised on or before August 17, 1990 to terminate this Agreement and all of its obligations incurred in connection herewith without liability of any kind, except that if Buyer should elect to exercise its option to terminate. Buyer shall pay all costs to terminate the escrow and legal fees incurred by SELLER. 3. Closing Costs. Closing costs shall be borne by the Buyer and Seller as follows: BUYER SELLER Escrow Fees 100% 0% Title Insurance Policy 100% 0% Documentary Transfer Tax 100% 0% Recording Fees 100% 0% Other Closing Costs 100% 0% Property taxes will be prorated to the date of the close of escrow and Seller will be responsible for paying for all delinquent and non-delinquent property taxes. Buyer will take the steps required to cancel property taxes after the date of the close of escrow. 4. Title. (a) Attached hereto as Exhibit C and by this reference incorporated herein is Continental Land Title Company Preliminary Title Report number 1382 06-05, dated July 28, 1989, which covers the Property. Seller has agreed to convey title to the Property to Buyer and Buyer agrees to accept title frora Seller subject only to exceptions numbered three (3) four (4) and five (5) set forth in said Preliminary Title Report which affect the Property, which consist of a pipeline easement, amendments to a covenant and a note regarding access to the Property, only. All other exceptions in said Preliminary Title Report must be eliminated prior to close of escrow. Immediately after the opening of escrow, Buyer shall obtain a current preliminary title report from Continental Land Title Company showing the current state of title to the Property. Buyer shall have the right to disapprove any exception shown on such report that is not shown on the report attached hereto as Exhibit C. In the event that Buyer objects to any such additional exceptions and Seller is unable to eliminate such exceptions, Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to such additional exceptions or to terminate the escrow and all of its liabilities hereunder. (b) At the closing. Seller shall deposit into the escrow a Grant Deed fully executed and in recordable form sufficient to convey to Buyer fee title to the Property. Said deed shall recite that title is conveyed subject to only those liens, leases, easements, encumbrances, covenants, conditions and restriction and other matters of record set forth in subparagraph 4(a) above or which may be approved by Buyer in accordance with subparagraph 4(a), above. (c) At the close of escrow and as a condition thereto, Continental Land Title Company shall agree to issue a CLTA Standard Coverage Owner's Policy of Title Insurance, with liability in the amount of the purchase price for the property, showing title to the Property vested in Buyer or its designee, subject only to the exceptions approved by Buyer pursuant to subparagraph 4(a) above. 5. Commissions. Buyer and Seller each represent to the other that they have not entered into any agreement or incurred any obligation which might result in the obligation of the other party to pay a sales or brokerage commission or finder's fee on this transaction and agree to indemnify, defend and hold each other harmless in the event such representations shall prove to be untrue. 6. Attorney's Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including reasonable attorney's fees. 7. Notices. All notices under this Agreement shall be effective upon personal delivery to Seller, Buyer or Escrow Holder, as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage full prepaid and addressed to the respective parties as follows: To Seller: Adelina L. Alvarado 200 Olive Avenue—#2 Vista, CA 92083 To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Director To Escrow Holder: Spring Mountain Escrow Corporation 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer or to such other address as the parties may from time to time designate in writing. 8. Entire Agreement - T^endments. This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purposes. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties hereto, except that any modifications which relate to the adjustment of time limitations (except the closing date) or to the form of documents may be made by legal counsel to the parties. 9. Successors. The terms, covenants and conditions of the Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective parties hereto. 10. Assignment. Buyer may not assign its rights hereunder without the prior written consent of Seller. 6 11. Choice of Laws. This Agreement shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. 12. Waiver of Covenant. Condition, or Remedy. The waiver by one party of the performance of any covenant, condition, or promise shall not invalidate this Agreement nor shall it be considered a waiver by him of any other covenant, condition, or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 13. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organization are for convenience and shall not be used in construing meaning. The language of this Agreement shall not be construed for or against either party. 14. Survival. This Agreement shall survive the close of escrow and shall remain a binding contract between the parties hereto. 15. Time. Time is of the essence of this Agreement, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the date first above written. THE CITY OF CARLSBAD, a munj?Oip<n. c/nrpo^tibit fATOE A. LEWIS, MAYOR ATTEST: Aletha L. Rautenkranz, city Clerk APPROVED AS TO FORM: 10 fCr^i VINCENT F. BIONDO, JR. City Attorney 30-^0. ADELINA L. ALVARADO . V "--r// SAN OIEGO COUNTY J ; My comm. exfires MAY 30,193<!» SUBSCSiSEC A!«C lUZW TQ CEror.E ME NOTM PUBUC - CALIi ORMIA 0 LEGAL DESCRIPTION ALL THAT PORTION QF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. EXHIBIT "A" EXHIBIT r ite GENERAL PROVISIONS IT IS MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVERALLY, THAT: The close of escrow shall be the day documents deposited In this escrow are recorded. If the conditions of this escrow have not been complied with at the time provided for In these Instructions, you are nevertheless to compiete this escrow as soon as the conditions (except as to time) have been complied with, unless a written demand for the return of money and/or instruments by a party to this escrow Is received by you prior to the recording of any instrument provided for in these Instructions. No notice, demand, or change of instructions shall be of any effect unless given to you in writing and approved in writing by ail parties affected by the same. If, before or after recording documents, you receive or become aware of any conflicting demands or claims (hereafter, "conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or property deposited or affected, you shall have the right to discontinue further performance on your part until the conflict is resolved to your satisfaction, in addition, you shali have the right to commence or defend any action or proceeding you deem necessary for the determination of the conflict. A conflict shall be deemed to be your receipt of unilateral instructions or mutual Instructions from some, but not all of the parties to this escrow. Should any controversy arise between the parties to this escrow or with any third person, you shall not be liable to take any , action of any l^ind, but may withhold all moneys, securities, documents or other things deposited into escrow until such . controversy has been determined by agreement of the parties or by legal process. in the event any action is commenced to determine a confiict or otherwise to enforce or declare the provisions of these . instructions or to rescind them including, but not limited to: a suit in Interpleader, whether or not the action is prosecuted to finai . judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party in any such action: or if it . becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any matter or thing . arising out of or in any way related to these instructions, whether or not suit Is actually commenced, the parties to this escrow : jointly and severally agree to pay ali of your costs, damages, judgments and expenses, including attorneys' fees, incurred by you . in connection with the same. i. it is understood that the fees agreed to be paid for your services are for ordinary and usual services oniy. and should there be i. any extraordinary or unusual services rendered by you. the undersigned agree to pay reasonable compensation to you for such '. extraordinary or unusual services, together with any costs and expenses which may be incurred by you in connection with the I. same; and you are hereby given a lien upon all documents, moneys and securities deposited in this escrow untii you have been so ). compensated or reimbursed. It is understood that in the event this escrow is cancelled, you wiil receive compensation for such }. services as you have rendered In connection with this escrow. 1. Escrow holder shall not be held liable for sufficiency or correctness as to form, manner or execution or validity of any I. document deposited into escrow, nor as to the identity, authority, or rights of any person executing them, nor for failure of any }. party to this escrow to comply with any of the provisions of any agreement, contract or other instrument filed or referred to in t. these instructions. The duties of escrow holder shall be limited to the safekeeping of money, instruments or other documents 3. received by escrow holder and for the disposition of them in accordance with the written instructions accepted by escrow holder. 3. The knowledge of escrow holder of matters affecting the property, provided such facts do not prevent compliance with these r. instructions, does not create any liability or duty in addition to the responsibility of escrow holder under these instructions. 3. Escrow holder shall not be obligated to make any physical examination of any reai or personal property described in any 3. document deposited Into this escrow. The parties agree escrow holder is not making any represerltationswhatsoever regarding 0. said property. 1. Escrow holder shall be under no obligation or liability for faiiure to inform the parties to this escrow regarding any sale, loan, 2. exchange, or other transaction of tacts within the knowledge of escrow holder conceming the herein described property, provided 3. it does not prevent escrow holder's compliance with these instructions. 4. Escrow holder shall not be concerned with giving any disclosures required by Federal or State law. including, but not limited 5. to. any disclosures required under Regulation Z pursuant to the Federal Consumer Credit Protection Act, the effect of any zoning 6. laws, ordinances or regulations affecting any other property described In this escrow. The undersigned jointly and severally 7. agree to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by either party or their 6. respective agents or the failure of the parties to this escrow to compiy with the rules and/or regulations of any governmental 9. agency, state, federal, county, municipal or otherwise. Parties to this escrow have satisfied themselves outside escrow that this 10. transaction is not in violation of the Subdivision Map Act or any other law relating to land division, and escrow holder Is relieved of 11. alt responsibility and/or liability in connection with the same and is not to be concerned with the enforcement of said iaws. \2. You are authorized and instructed to utilize the services of a sub-escrow agent, within the scope of Section 1738.4,.5 ot the )3. Calilornia Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necessary. )4. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brojcers as may be requested )5. by them. Including, but not limited to copies of ail instructions and closing statements in this escrov{. Escrow is authorized to )6. accept funds deposited to our account by our broker or agent without further authorization. )7. All deposits made by the parties to this escrow shall be deposited by escrow holder in an account designated as "Escrow 38. Trust Account" with any local bank, without any liability for interest. All disbursements shall be made by check of escrow holder 59. drawn on said account Escrow holder shall not be obligated to identify or to guarantee the signature of any payee on said 30. checks. All documents and checks in favor of the parties shall be mailed, unregistered, to the addresses of the respective parties 51. set forth in these instructions. 52. These instructions may be executed in counterparts, each shall be deemed an original regardless of the date executed anc 33. delivered, and said counterparts shali constitute one and the same instrument. 34. The signature of the undersigned hereon and on any document(s) and instrument(s) pertainingtothlsescrowlndicates liiei 55. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge receipt of a copy of Ihcr. 56. instructions, ^^^^^^^ m 1989 Received utility/ Maintenance ouNTrpreNTAL LAND TITLE COMPA.,. - A SUBSIDIARY OF I AWYERS TiTl E INSURANCE CORPORATION 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 CITY OF CARLSBAD 2075 LAS PALMAS DR. CARLSBAD, CALIFORNIA ATTENTION: RALPH ANDERSON YOUR NO. ALVARADO OUR NO. 138206-05 DATED AS OF JULY 28, 1989 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED f^XCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR P0> ICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE GF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [xJ 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY H 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [] 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM S-i ^Cl ANDRE PITCHFORMRICK BAIRD, TITLE OFFICER TTVTTTTIT'T' 11/-> 11 . .SCHEDULE A ORDER NO. 138206-05 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADELINA L. ALVARADO, A WIDOW THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION SCHEDULE B ORDER NO. 138206-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES ^ RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 OF DEEDS AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LOT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SECTION 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERI- DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THENCE SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALONG SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 27, 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST PARAL' EL TO THE SOUTH LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST,' 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 3i? TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUA HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NO. 3 TO THE POINT OF BEGINNING, ALL IN TRACT "D" OF RANCHO AGUA HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGUA HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DEEDS .oHEw.,.uE B PAGE NO. 2 „RL: J NO. 138206-05 5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY: EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: ASSESSOR'S NO: 1989 $20.09 PAID $NONE $20.09 PAID $NONE $NONE $3,857.00 $NONE $NONE 09015 168-020-17 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. September 29, 1990 OCT m Ralph W. Anderson, Director Utilities and Maintenance Department City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 Ref: Closing Date Consent Dear Mr. Anderson, In reference to our agreement on the purchase of Parcel No. 168- 020-17, in which escrow was scheduled to close on or before August 31, 1990, I wish to confirm that by mutual agreement: I, Adeline L. Alvarado, agree to extend the escrow closing date, not to exceed November 1, 1990, pursuant to Section 2-B on agreement date July 31, 1990. . A Sincerely, .1 Adelina L. Alvarado cc. Lionel Alvarado CITY C" CARLSBAD — AGENDA FJ.L AB# MTG, 10/9/90 ngPT, U/M TITLE: ACQUISITION OF ASSESSORS PARCEL NO. 168-020-17 LOCATED IN THE LAKE C/^VERA GOLF COURSE AREA DEPT. HD CITY ATTY CITY MGR.. o o z o o RECOMMENDED ACTION: That the City Council adopt Resolution No. authorizing the Mayor to execute the purchase and sale agreement and escrow instructions to acquire assessor's parcel ntimber 168-020-17. ITEM EXPLANATION: On August 15, 1989, the City Council was advised by staff that a small parcel of land within the City's Lake Calavera ownership was privately owned and that the parcel was required for the proposed golf coiirse. The Council authorized staff to obtain an appraisal of the subject property and to enter into negotiations to acquire the parcel. Subsequent to the Coimcil's action staff contracted with Fuller & Associates, of Carlsbad, to appraise the value of the property. The appraiser determined that the estimated fair market value of the parcel was $15,500. The date of value was November 1, 1989. After review of the appraisal, staff extended a formal written offer to purchase the property to the owner, Mrs. Adelina L. Alvarado, for the sum of $15,500. Negotiations were imdertaken but have proceeded slowly, principally because of Mrs. Alvarado's age (96). Also, Mrs. Alvarado was reluctant to sell, as the property has historical significance for her family. The property is a portion of tlie original Rancho Agua Hedionda Land Grant and Mrs. Alvarado is a direct descendent of the Marron family, the original recipients of the Land Grant. After many discussions, Mrs. Alvarado has responded to the City's offer and has offered to sell the property for $20,000, plus closing costs estimated to be $2,500. The price requested by Mrs. Alvarado, while approximately $7,500 higher than the estimated value, is considered reasonable, especially in view of the time that has elapsed since the appraisal date. Additionally the cost of condemnation, which could range between $10,000 and $15,000, is avoided. In addition, Mrs. Alvarado has requested that the City place a bronze placque somewhere on the property to commemorate the Rancho Agua Hedionda and the Marron family. Staff agrees that such an effort would be appropriate and are prepared to work with Mrs. Alvarado and the Carlsbad Historical Society to create an appropriate placque. PAGE 2 OF AB# FISCAL IMPACT: Cost to acquire the parcel is estimated to be $22,500, including closing costs. The cost to create the bronze placque should not exceed $500. Funds are available for this project in Fund No. 572-820-1890-3072. EXHIBITS: 1. Resolution No. 2. Summary, Acquisition Agreement and Escrow Instructions 3. Property plat RESOLUTION NO. WHEREAS, the City Council of the City of Carlsbad directed 1, A RESOLUTION OF THE CITY COUNCIL OF THE 2 CITY OF CARLSBAD. CALIFORNIA APPROVING , THE PURCHASE OF ASSESSORS PARCEL NO. 168-020-17 4 5 6 rj Staff to begin negotiations for assessors Parcel No. 168-020-17 on August 15, 8 1989; and 9 WHEREAS, the appraisal from Fuller & Associates estimated the value of the property at $15,500; and 11 WHEREAS, the owners of the parcel have agreed to sell the parcel to 12 the City for the sum of $20,000 and closing costs; and 13 WHEREAS, the owners price appears to be appropriate in view of the 15 time that has elapsed since the appraisal date; and 16 WHEREAS, the City has sufficient funds in accotmt number 572-820- 1890-3072 to pay for this purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 17 18 19 20 21 22 2. That the price of the property is fair and equitable 23 24 25 26 27 28 1 2 2 3. That the City Coimcil authorizes the Mayor to execute the 4 acquisition agreement and escrow instructions and other documents related 5 to the purchase of assessors parcel no. 168-020-17. ^ PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the ^day of , 1990, by the following vote, to wit: 7 8 9 10 11 NOES AYES: 12 ABSENT: 13 14 15 CLAUDE A. LEWIS, MAYOR 16 ATTEST: 17 18 ALETHA L. RAUTENKRANZ, City Clerk 19 20 (SEAL) 21 22 23 24 25 26 27 28 PROJECT: OWNER: PARCEL: SUMMARY ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS PRICE: ESCROW HOLDER: Carlsbad Mimicipal Golf Course: Lake Calavera Adelina L. Alvarado Assessor Parcel No. 168-020-17 Zone: O-S Open Space Size: 1.28 acres $20,000 Spring Motmtain Escrow Corp. Carlsbad, CA Escrow Close: Escrow Costs: ASAP City pays all escrow/closing costs; estimated to be $2,500 ESTIMATED TOTAL COST: $22,500 EXHIBIT 2 IN - P- 40( Dr\D crr-e nc ny ^ ^ Citv of Carlsbad liti6S & Maintenance Department July 3, 1990 Mrs. Adelina L. Alvarado 200 Olive Avenue, #2 Vista, CA 92083 Dear Mrs. Alvarado: REAL PROPERTY ACOUISmON: LAKE CALAVERAS This letter is to acknowledge your letter of Jime 19, 1990, in which you proposed a counteroffer to the Qty's offer of fifteen thousand five himdred dollars ($15,500) presented on January 22, 1990. I have discussed your counteroffer of "$20,000, firee of closing costs, or $25,000 with normal seller's closing costs" with the Qty Manager and I wish to advise you that Qty staff is prepared to recommend that the Qty Coimcil accept your offer of "$20,000, free of dosing costs". I will be preparing a real property acquisition contract setting forth your terms and conditions for your signature. This contract is necessary to present your offer to the Qty Council. I expect to complete a draft of the agreement for your review during the week of July 9-13. I will also send a copy of the contract to Mr. Rodolfo Casteneda for his review. Should ive any questions, please contact me at 438-7753. Director RWA:meh c: Assistant Qty Manager Rodolfo M. Casteneda ADELINA L. ALVARADO 200 OLIVE AVENUE, #2 VISTA, CA 92083 June 19, 1990 Ralph W. Anderson, Director Utilities and Maintenance Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Mr. Anderson: PROPERTY PURCHASE: LAKE CALAVERA GOLF COURSE I have considered your offer of January 19, 1990, concerning the City's proposal to purchase Assessor's Parcel No. 168-020-17 from me. After discussing the matter with several people familiar with property values in the area, I believe that your offer of $15,500.00 for the parcel is too low. The advise I have received, leads me to beleive that the property should be valued at or near $25,000.00. Therefore, my counter-offer is $20,000, free of closing costs, or $25,000 with normal seller's closing costs. Additionally, as we discussed, I wish the City to place a bronze plaque commemorating the Alvarado family at a place on the property which can easily be viewed by all who might use the golf course. The content of the plaque can be discussed at a later time. I would appreciate your response to this counter-offer as soon as pos- sible. Sincerely, Adelina L. Alvarado cc. Lionel Alvarado May 22,1990 Ralph W. Anderson, Director Utilities and Maintenance Department City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 Dear Mr. Anderson: PROPERTY PURCHASE: LAKE CALAVERA GOLF COURSE I have considered your offer of January 19, 1990, concerning the City's proposal to purchase Assessor's Parcel No. 168-020-17 from me. After discussing the matter with several people familiar with property valus in the area I believe that your offer of $15,500 for the parcel is too low. The advice I have received leads me to believe that the property should be valued at or near $20,000. Therefore, my counteroffer is $20,000. All other terms and conditions in your January 19, 1990 letter are acceptable. Additionally, as we discussed, I wish the City to place a bronze plaque commemorating the Alvarado family at a place on the property which can easily be viewed by all who might use the golf course. The content of the plaque can be discussed at a later time. I would appreciate your response to this counteroffer as soon as possible. Sincerely, Adelina L. Alvarado c. Lionel Alvarado Citv of Carlsbad utilities & Maintenance Department January 22, 1990 Adelina L. Alvarado c/o Mr. Lyle Alvarado 200 North El Camino Real #190 Oceanside, CA 92054 Dear Ms. Alvarado: CARLSBAD MUNICIPAL GOLF COURSE: LAKE CALAVERA As I mentioned in my letter of August 18, 1989, the City of Carlsbad wishes to acquire, through negotiation or condemnation, the real property identified as Assessors Parcel No. 168-020-17, located in the Lake Calavera area. The acquisition of your property is made necessary by the proposed construction of municipal golf course surrounding Lake Calavera. a The proposed acquisition affecting your property is described in the enclosed legal description and is shown on the enclosed assessor's plat. The area to be acquired in fee from you is the total property comprising approximately 1.28 acres of vacant land. The City of Carlsbad obtained the services of Richard A. Fuller, MAI, to estimate the "fair market value" of the fee taking, encompassing approximately 1.28 acres of vacant land. The appraiser's fair market value estimate is shown on the enclosed "Appraisal Summary Statement". On the basis of this appraisal, the City of Carlsbad is prepared to purchase said property for a consideration of $15,500, free and clear of all liens and encumbrances, except those encumbrances^ numbered 3 and 4 of the Schedule B of a preliminary title report prepared by the Continental Land Title Company and dated July 28, 1989 (copy attached). You have a right to review the appraiser's market data (comparable sales transactions) and you also have the right to obtain your own appraisal (at your cost). As indicated in the first paragraph of this letter, the City is prepared to exercise eminent domain for the acquisition of this parcel in the event a negotiated transaction can not be consummated. All eligible incidental expenses associated with the transfer of title to said parcel will be shared as follows: D=>irr.oc. r»riwo • Oarlsharl California 92009-1519 • (619) 438-7753 Adelina L. Alvarado Page 2 January 19, 1990 Buyer Escrow Fees 50% Title Insurance Policy 0% Documentary Transfer Tax 0% Recording Fee 100% Other Closing Costs 50% Seller 50% 100% 100% 0% 50% Should you agree to the price offered, please execute the "Appraisal Summary and Acceptance" at the bottom of the form and return it to my attention at the letterhead address. Two copies of the "Appraisal Summary and Acceptance" form are included for your convenience. Should you have any questions, please contact me at 438-7753. Sincer rr ANDERSON rector RWA:meh Enclosure c: Assistant City Manager Parks & Recreation Director APPRAISAL SUMMARY AND ACCEPTANCE OWNER: Adelina L. Alvarado PROJECT: Carlsbad Municipal Golf Course: Lake Calavera ADDRESS: PARCEL: APN 168-020-17 ZONE: O-S Open Space SITUS ADDRESS: Lake Calavera Area Carlsbad, CA 92008 PRESENT USE: Vacant BEST USE: Open Space and Recreational LEGAL DESCRIPTION: See attached TOTAL PROPERTY AREA: 1.28 + acres AREA TO BE ACQUIRED: 1.28 + acres Market value of the required property is: Fifteen Thousand Five Hundred Dollars ($15,500.00) The market value estimate of the property being purchased is based upon an appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based on an analysis of recent sales of comparable sites and similar properties in this locality taking into consideration the highest and best use development of the property. FAIR MARKET VALUE, as used in this appraisal is "...the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obligated to sell, and the buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonable adaptable and available." (Section 1263.320 Code of Civil Procedure) Total payment is: $15,500.00 This summary represents the amount being offered as just compensation for a total taking and is presented in compliance with federal and state law and has been derived from a formal appraisal which includes supporting sales data and other applicable cost and income documentation. The data of value is November 1. 1989. Offer accepted this day of , 19 . Adelina L. Alvarado ORANGE COUNTY SUITE 6 3SOO EAST COAST HIGHWAY CORONA DEL MAR, CALIFORNIA 92525 AREA CODE 7I-4- TELEPHONE S73-3772 FULLER & ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS RICHARD A. FULLER, MAI TELECOPIER (714) 673-5231- December 7, 1989 SAN DIEGO COUNTY SUITE B 5122 AVENIDA ENCINAS CARLSBAD, CALIFORNIA 9200S AREA CODE 619 TELEPHONE 434-7050 Mr. Ralph Anderson Director of Utilities and Maintenance City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Re: Appraisal of vacant 1.28 acre site, Assessors Parcel No. 168-020-17, Carlsbad, California Adeline L. Alvarado Dear Mr. Anderson: Enclosed please find two copies of the appraisal report for the above referenced property and our statement for services rendered. Should you ^ons, please do not hesitate to contact me. ResDSStfully submitted. RAF:jhz 89-28 Enclosures ORANGE COUNTY SUITE 6 3BOO EAST COAST HIGHWAY CORONA DEL MAR, CALIFORNIA 92625 AREA CODE 714 TELEPHONE 673-3772 RICHARD A. FULLER, M A I APPRAISER AND CONSULTANT MEMBER AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS September 7, 1989 '&••'. 'EGO cftljjNTY «'7®0fu,TE «e4y22 AVENIDA p'|<^CINAS CARL^^D, CALIFj<^NlA 92008 AREA C;3(ppf' 619 T E LE P Hj Of;j't .-434-7O 5 O Mr. Ralph Anderson Director of Utilities and Maintenance City of Carlsbad 2075 Las Palmas Drive ;arlsbad, California 92009 Re: Appraisal of Assessors Parcel No. 168-020-17, located in Carlsbad, California Adeline L. Alvarado Dear Mr. Anderson: Based upon your request, I am resubmitting the proposal for the appraisal of the above-referenced property. The purpose of this assignment is to estimate the fair market value of said property, as of current date. The appraisal report will be submitted in narrative form. All market data, factual data, reasoning, computations, descriptions, analyses, photographs, and discussions, from which, in part, the valuation conclusion was derived, will be setout within the report. The fee for this assignment will range from $5,000 - $6,000. Meetings, conferences and changes as required by the client, will be billed at an hourly rate of $150/hour for Mr. Fuller and $75/hour for his associates. Statements will be submitted on a monthly basis. This fee will include two copies of the appraisal report. Additional copies will be provided at a cost of $150 per report. This proposal assumes that written authorization to proceed will be received by September 15, 1989. The preparation of this appraisal report will be based upon those assumptions setout within that prior proposal dated August 23, 1989. Mr. Ralph Anderson September 7, 1989 Page Two If these terms are acceptable, you may authorize me to proceed by returning the signed copy of this proposal. I look fonward to being of service to you and the City of Carlsbad on this appraisal assignment. ctfully subrtiitted. RICHARD A. FULLER, M A I &RANOECOUNTJ SUITE 6 seoo r*oi COABT HIOHWAV COnONA DEL MAR, CALIFORNIA aSS2B AREA CODE TELEPHONE 073-377* RICHARD A, FULLER. M A I APPRAISER AND CONSULTANT Ml Mef.M AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS September 7,1989 I^AN DIfGO COUNTV SUITE B SIZ2 AVENIDA ENCINAS CARLSBAD, CALIFORNIA 9KOO0 AftCA coot ei« TELEPHONE *3*-7080 Mr. Ralph Anderson Director of Utilities and Maintenance City of Carisbad 2075 Las Paimas Drive Carlsbad. Caiifornia 92009 Re: Appraisal of Assessors Parcel No. 168-020-17, located in Carlsbad, Califomia Adeline L Alvarado Dear Mr. Anderson: Based upon your request, I am resubmitting the proposal for the appraisal of the above-referenced property. The purpose of this assignment is to estimate the fair market value of said property, as of current date. The appraisal report will be submitted in narrative form. All market data, factual data, reasoning, computations, descriptions, analyses, photographs, and discussions, from which. In part, the valuation conclusion was derived, will be setout within the report. The fee for this assignment wiil range from $5,000 - $6,000. Meetings, conferences and changes as required by the client, wiil be billed at an hourly rate of $150/hour for Mr. Fuller and $75/hour for his associates. Statements will be submitted on a monthly basis. This fee will Include two copies of the appraisal report. Additional copies wiil be provided at a cost of $150 per report. Tliis proposal assumes that written authorization to proceed will be received by September 15,1989. The preparation of this appraisal report will be based upon those assumptions setout within that prior proposal dated August 23,1989. Mr. Ralph Anderson September 7,1989 Page Two If these terms are acceptable, you may authorize me to proceed by retuming the signed copy of this proposal. I look forward to being of service to you and the City of Carlsbad on this appraisal assignment. ReuSBctfully submitted. ORANGE COUNTY SUITE 6 3SOO EAST COAST HIGHWAY CORONA DEL MAR, CALIFORNIA 92625 AREA CODE 714 TELEPHONE 673-3772 RICHARD A. FULLER, M A I APPRAISER AND CONSULTANT MEMBER AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS August 23, 1989 Mr. Ralph Anderson Director of Utilities and Maintenance City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 SAN DIEGO COUNTY SUITE B 5122 AVENIDA ENCINAS CARLSBAD, CALIFORNIA 9200S AREA CODE 619 TELEPHONE 434-7050 Re: Appraisal of Assessors Parcel No. 168- 020-17, located in Carlsbad, California Adeline L. Alvarado Dear Mr. Anderson: Based upon your request, I am submitting this proposal for the appraisal of the above-referenced property. The purpose of this assignment is to estimate the fair market value of said property, as of current date. The appraisal report will be submitted in letter form. All market data, factual data, reasoning, computations, descriptions, analyses, photographs, and discussions, from which, in part, the valuation conclusion was derived, will be retained in my files. The fee for this assignment will be $2,500. Meetings, conferences and changes as required by the client, will be billed at an hourly rate of $150/hour for Mr. Fuller and $75/hour for his associates. Statements will be submitted on a monthly basis. This fee will include two copies of the appraisal report. Additional copies will be provided at a cost of $150 per report. This proposal assumes that written authorization to proceed will be received by August 30, 1989. The preparation of this appraisal report will be based upon the following assumptions: 1) That the interest to be appraised is fee simple estate. 2) That the valuation estimate will be exclusive of subsurface rights, if any. Mr. Anderson August 23, 1989 Page Two 3) That a legal description and a current title report will be available for review. If said title report is not available, the property will be appraised as if unencumbered by easements or other conditions of title. 4) That engineering, architectural, and title company services, if required, will be the responsibility of others. 5) That this report will not be prepared for condemnation purposes and, as such, notification of the property owner, by the appraiser, will not be required. 6) That the appraiser, by reason of this appraisal, is not required to give testimony, or attendance in court, with reference to the property appraised, unless arrangements have been previously made thereto. 7) That the submission of this report constitutes completion of the services authorized. It is assumed that customary compensation will be provided for, in advance, any subsequent depositions, conferences, changes, additional preparation, review, travel or testimony. 8) That, by specific instructions of the client, this report will not be prepared for litigation purposes. If this matter is adjudicated in any manner, the appraiser reserves the right to prepare a comprehensive narrative report, at an additional fee, and to further review and verify the data upon which the estimate of value is based. 9) That all payments due the appraiser under this agreement shall bear interest at the maximum rate allowed by law, commencing thirty (30) days after such payments are due. In the event that any payment is not paid when due, the client shall pay all expenses of collection including, but not limited to, court costs and attorneys' fees. 10) That unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, urea formaldehyde, foam insulation, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraisers become aware of such during the appraiser's inspection. The value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. RICHARD A. FULLER, M A I Mr. Anderson August 23, 1989 Page Three If these terms are acceptable, you may authorize me to proceed by returning the signed copy of this proposal. I look fonward to being of service to you and the City of Carlsbad on this appraisal assignment. RAF:jhz 89-P APPROVED: Date: City of Carlsbad RICHARD A. FULLER, M A I LEE C. JOHNSON COMPANY , J'^r" TnT..... La Mesa, California 92041-5287 (619) 462-4350 LEE C. JOHNSON, MAI, SRPA /i^o^iirr-ROBERT J. PFLIMLIN, SR/WA - FAX (619) 462-2156 RANDY A. TAGG KENNETH A. KEAGY JEFFREY C. JOHNSON JOEL S. JOHNSON KEITH 0. WRIGHT August 23, 1989 AUG 1989 Received Mr. Ralph W. Anderson ...ffi'M Director, Utilities and Maintenance city of Carlsbad 2 0 7 5 La s Pa Ima s " < „ / Q - 11 Carlsbad, CA 92009-1519 ^Ji: Maintenance RE: Proposal for appraisal services Adelina L. Alvarado ownership ±1.28-acres, Calaveras Lake area, Carlsbad AP No. 168-020-17 Dear Mr. Anderson: Pursuant to your request, we are pleased to submit a proposal for appraisal services on the above-referenced real property. Our preliminary investigation indicates a zoning and General Plan designation on this property of "Open Space". This parcel constitutes a small private (island) ownership, surrounded by city-owned raw acreage. It is our understanding the City of Carlsbad wishes to acquire this ownership as part of a larger park plan. In valuing this property, the issue of highest and best use is an especially important consideration. Ideal value indicators would be recent transactions involving similar "island" ownerships. Transactions of this type are likely to be very scarce, if available at all. Typically, market value of this property would be determined on the basis of its contributory value to surrounding acreage. As such, proper valuation of this ownership will necessarily require an appraisal of the surrounding City ownership. Issues of use and density (on a theoretical basis) will recfuire input from city planners. On this basis, we can furnish you with a narrative report in conformance with the Standards of Professional Practice and Ethical Rules of the American Institute of Real Estate Appraisers on this property for a fee of $6,500 within sixty (60) days of your written authorization to proceed. Purpose of the report will be for negotiation with the property owner. If there is a possibility this ownership will be acquired through condemnation, the city attorney should be consulted (prior to an appraisal) relating to the issue of valuation. Using REAL ESTATE APPRAISERS AND CONSULTANTS Ralph W. Anderson August 23, 1989 Page Two the "highest price" definition of market value, the appraiser may receive legal instruction to value this ownership as a single- family homesite, using comparable data not similarly situated. This legal instruction may alter the appraisal approach and fee. Helpful in completing the assignment will be a Preliminary Title Report or Litigation Guarantee. Should the assignment be terminated prior to completion, the work accomplished to date will be charged at $100 per hour, plus ma^or expenses incurred. Should further legal action be required to acquire this property, additional staff time spent in report updating, conferences, meetings, deposition and expert testimony will be charged based upon the attached fee schedule. If these terms are satisfactory, a signed copy of this correspondence, returned as our authorization to proceed, will initiate the assignment. We appreciate the^opportunity to be a professional service. SincQ^ly yours. ee C. Johnson, MAI LCJ:cat ^ Approved: (signed) (date) LEE 0. JOHNSON COMPANY 8321 Lemon Avenue La Mesa, California 92041-5287 LEE C. JOHNSON, MAI, SRPA (619) 462-4350 ROBERT J. PFLIMLIN, SR/WA RANDY A. TAGG KENNETH A. KEAGY JEFFREY C. JOHNSON iEmVwmlST PREVAILING FEE SCHEDULE Effective January 1, 1989 1. HOURLY CHARGE FOR SERVICES Office and Field Work Keith 0. Wright $ 50.00 per hour Joel S. Johnson $ 50.00 per hour Jeffrey C. Johnson $ 50.00 per hour Kenneth A. Keagy $100.00 per hour Randy A. Tagg $100.00 per hour Robert J. Pflimlin, SR/WA $100.00 per hour Lee C. Johnson, MAI $125.00 per hour The above fees are subject to adjustment on an annual basis. 2. TESTIMONY Time spent in deposition or court shall be at 1.5 times the above hourly rates. Our billing begins as of the time we are requested to be present and ends upon being excused. Lunch breaks are excluded. 3. EXPENSES Travel, expenses outside of San Diego County, including lodging, meals, mileage and other expenses incurred on a specific project, will be charged at cost. The same applies to trial exhibits, title company work, etc. 4. BILLINGS Fees for appraisal services are due within thirty (30) days from the date of mailing of a bill. All past due account balances shall bear interest at the rate of ten percent (10%) per annum. In the event an account balance becomes past due for more than ninety (90) days, Lee C. Johnson Company may elect to withdraw from continued representation. If no comment about a bill for professional services or costs advanced is received within (30) days of your receipt of our statement, we will assume that you have examined the bill and find it to be acceptable. REAL ESTATE APPRAISERS AND CONSULTANTS 5. DISPUTES If any dispute arises between you and this firm in respect to any billing issued by our firm or for any other matter we both agree that the dispute shall be submitted to mandatory binding arbitration. Such arbitration shall be conducted in accordance with rules of the State Bar of California before an arbitrator or arbitrators selected in accordance with those rules or the rules of any local bar association within San Diego County which is operating under the auspices of the State Bar. The decision of the arbitrator shall be final and discretion to order that the cost of arbitration, including fees, other costs, and reasonable attorney's fees, shall be borne by the losing party. If the foregoing texias are acceptable, please return a signed copy of this schedule to this office. Please keep this original for your information. Very truly yours, LEE JOHNSON COr Lee C. John^'o^ I have read the foregoing, and agree to be bound by the terms and conditions set forth above. ^^•^m^ ana (^i^"^^) (date) 2075 LAS PALMAS DRIVE • MTAM ""^O™! CARLSBAD. CA 92009-1519 W^M^M ^^^ ^ 438-7753 (UttQ of (SwciBh^ UTILITIES & MAINTENANCE DEPARTMENTS August 18, 1989 Adelina L. Alvarado 200 Olive Avenue, Space 2 Vista, CA 92083 Dear Hrs. Alvarado: As I mentioned in our brief telephone conversation of August 16, 1989, the City Council of the City of Carlsbad has deterained to construct a municipal golf course on City-owned property surrotinding Lake Calavera. In our review of property ownership in the lake Calavera area, we have noted that you own the abav& referenced parcel; a 1.28 acre plat, surrounded by City-owned propeirty. The location of your property is such that the City will need to acquire the property to construct the golf course. As you will note from the enclosed report to the City Council, an appraisal of the property's value is required before the City can initiate negotiations for the property. We are preparing to select an appraisal firm and will notify you when the selection process is complete. The appraiser will need to contact you prior to beginning the appraisal. As you suggested in our telephone conversation, I have also discussed this matter with your son, Hr. Lyle Alvarado. Your son has advised me that he will act as your representative in this transaction. Thus, if you have no objections, we will ask the appraiser to also contact our son. Adelina L. Alvarado Page 2 August 18, 1989 Once the appraisal is completed, the City will be in a position to make an offer to purchase the property. Again, if you have no objection, we will contact your son with the offer. Should you have any questions, please contact me at 438-7753. Director RWA:mew Enclosure c: Hr. Lyle Alvarado Parks and Recreation Director Citv of Carlsbad utilities & Maintenance Department July 13, 1990 Mr. Rodolfo M. Castaneda 1939 West Vista Way Vista, CA 92083 Dear Mr. Castaneda: ALVARADO PROPERTY Enclosed is a draft agreement to purchase real property between the Qty of Carlsbad and Mrs. Adelina Alvarado. Please review the agreement and advise me if you approve of the agreement or would like to discuss any portion. If you approve of the agreement as written, it would be my intent to prepare three final versions for Mrs. Alvarado's signature. It wotdd then be necessary to present the Agreement to the City Coimcil for their approval. Escrow would then follow. Please conta6t rae as soon as possible regarding the Agreement. You may contact me by telephoi)e at^8-7753. Enclosure c: Assistant City Manager Adelina Alvarado 2075 Las Palmas Drive • Carlsbad, California 92009-1519 (619) 438-7753 CITY CA^L^^P - AGENDA BILL c • M <U 0) o o o U-I U-I O n) -u W <4-( • m (U -u 4-1 CO CJ <U T) M (U •H 4J u 0) ••> l-l <u 3 <u 0) <u C w o -u •H >-i 3 o Cvi CT> I o o tn u o 0^ W 00 -H > in T) OJ (U u c c •H X! 4J a C <U 0 u u • as ro 60 cn c CM -H 1 w cr. a 00 'iH o cn cu OJ D- cti rt 13 cn 0) 4J a (U o 6 rt u o •H o X3 C 4J o » CD 00 00 X 3 rt a rt s c X! o o c rt (3 CU rt B 3 X! a cn CJ rt C o 3 CO AB# /f"/ MTG. g--^-^? DEPT. 00 •H CJ 4J rt •H 3 O O o. Ci. o rt 0) hJ IN cn i« csl I cn rt CO -H (-1 (U o- • cn ^ °^ ^ •r-l ^ o aJ M O _e rt rH > •H (-1 CJ W C 3 O O H <n 00 cs eg 00 O < -J o z o o TITIE; QObF\^URSE DEVELOPMENr PROPOSAL ^ sl-AKE CALAVERA DEPT.4l CITY ATT CITY MGR^^i^: RECOMMENDED ACTION: If Council concurs, your action is to approve a golf course development program (Plan B); to adopt Resolution No. ff-JlfZ approving the appointment of a seven (7) member Golf Course Citizen Steering Committee; direct staff to proceed with selection of a financing team and return with appropriate documents; and adopt Resolution Ho.ff-^rXfJ transferring money from the General Fund Contingencies for Environmental Studies, a Preliminary Golf Course Design, a Soils Report and a Real Property Appraisal. ITEM EXPLANATION: On March 7, 1989, the City Council directed staff to pursue the development of a regulation size 18 hole municipal golf course at the 252 acre Lake Calavera site. The City Council further authorized staff to hire a Golt Course Consultant to assist in analyzing development strategies. In April, staff selected William Sherman, of Golf Course Realty Corporation, to review the City's golf course plans and recommend development concepts. The Sherman report outlines three basic golf course management options. The first option is Direct Operation in which the City designs, fiances, builds, and operates the golf course. The second alternative is the Management Contract. In this alternative, the City designs finances, builds, and then enlists the services of a management firm to J"" j"' aspects of the golf course operations. The last alternative outli ed in the Sherman report is the Lease option of which there are two types: Ground Lease and Lease of Improved Property In the Ground [e^f' ^^^^^^^^^ provides a turn key concept involving designing, construction, operation, and financing. In the Lease of Improved Property alternative the city selects an operator (lessee) to run the course after it is completed Mr Sherman concluded that any one of the above options or a combination thereof can be emp oyed. Moreover, the implementation of these options are enhanced Tf the CUy fs willing to pledge some portion of its revenues in the golf course development program. Sherman suggested that the City retain David Rainville, Golf Course Architect tfprepay the Preliminary Golf Course Plan needed to begin the necessary envifonmental studies. Sherman felt this would be beneficial to rhrcu7beca sHainville has already prepared a preliminary routing plan for the site and is highly regarded in the golf course architect field. Sr Sherman also recom'rnended t the City retain the services of a go f course architect to advise the City during the entire development process rrerardlesrof which development option the City chooses to pursue Ser Mr.%herman outlined and P-vided models o various co^^ including measures by which the City can maintain quality controls. AB # /^/^^ 8/4/89 Page 2 Based on advice from the consultant and review by staff, three (3) development options are proposed: 1. PLAN A - City contract with a developer for design, construction, and operation (management or ground lease option). 2. PLAN B - City provide preliminary design then contract with a developer/management company(s) for final design/construction documents, construction, and operation (combination of direct operation and management or ground lease options). 3. PLAN C - City to design, construct, and contract out for operation (direct operation and management options). As a result of analyzing the Sherman Report, and review by City staff, it is recommended that the Council consider Plan B; however, it should be noted that the other alternatives (Plan A & C) are also viable alternatives. In Plan B, the City would hire a consultant (golf course architect) to provide a preliminary plan showing conceptual grading, circulation, and general project information in sufficient scope so that the environmental and planning approvals can take place. After the basic project is approved, the development/management company would retain the City's golf course architect or provide their own consultant to refine the preliminary design and produce construction documents to build the course. The developer/management company would then bid, construct the project, and manage the golf course operations. (Depending on the proposals received, the City may hire a separate entity to manage the golf course.) These plans and an accompanying development flow chart will be reviewed in detail during the City Council meeting. In addition, staff suggests that a seven member (plus one alternate) Citizen Steering Committee be appointed whose purpose would be to monitor and review the planning of golf course and related amenities. Staff is working under the assumption that a General Fund supported debt issue will be used to pay the cost of golf course construction. The Finance Director recommends that a Bond Counsel be hired to assist in structuring development/operation contracts that would enable the City tojtay within the tax laws in order to provide for tax exempt financing, /^e election of other members of the financing team can be delayed until the City nears the construction date. AB # /^/f^ 8/4/89 Page 3 In reviewing the ownership status of the Lake Calavera property, staff has discovered that a small parcel of land within the City's Lake Calavera ownership is apparently privately owned. (See Exhibit 5.) Staff has requested a preliminary title report to more adequately determine the ownership status. Assuming the parcel is privately owned, the City will need to obtain either fee title to the property or a long term lease interest to proceed with the golf course project. To obtain either fee title or a lease hold interest, an appraisal will be required to determine the fair market value of the property. An appraisal is expected to cost between $3,000 to $5,000. In order to initiate the required studies (i.e., Environmental Impact Report, a Preliminary Golf Course Plan, Soils Report and the Appraisal) staff requests that two hundred fifty thousand dollars ($250,000) be transferred from the General Fund Contingency Account to a newly established Golf Course Development Account (#001-840-1890-3342). RECOMMENDATIONS 1. After staff discussion and review of the various management options and development strategies, it is recommended that the Council adopt Option B described under the Item Explanation. 2. The City appoint a seven (7) member Golf Course Citizen Steering Committee comprised of two (2) members from the Recreational Facility Financing Committee; two (2) members from the Carlsbad Golf Association; two (2) at large members; one (1) member from the Parks and Recreation Commission and one (1) alternate. 3. Authorize staff to hire a Bond Counsel to assist the City in structuring financial options for City Council review and prepare the necessary documents for the selection of a financing team. 4. Authorize staff to obtain an appraisal of the 1.28 acre parcel. 5. Approve an appropriation from the General Fund for two hundred fifty thousand ($250,000) dollars to hire consultants to provide a Preliminary Golf Course Design (to include rough grading, circulation, lighting impacts, etc.); an environmental consultant to prepare an Environmental Impact Report; a geotechnical firm to provide preliminary soils investigation; and to pay for any costs associated with an appraisal of the 1.28 acre parcel. Staff recommends that David Rainville, Golf Course Architect, who is familiar with the project, and will be able to expedite preparing the information needed for the environmental review be retained to provide the Preliminary Golf Course Plan. If preferred, the City Council may choose to review the qualifications of other golf course designers. This, however, would necessitate the preparation of a Request for Proposal and a selection process that may extend the development time line. AB # / 8/4/89 Page 4 FISCAL IMPACT: Construction costs for the 18 hole regulation golf course are estimated to range from eight to ten million dollars. If Option B is approved, the developer/management company may be required to finance certain improvements and equipment at the golf course (i.e., golf carts and storage facilities, tenant improvements and furnishings, fixtures and equipment for clubhouse and pro shop operations, and golf course maintenance equipment). The ultimate impact on the general fund will not be known until final development strategy is approved and construction bids are received. The cost of various preliminary required studies and reports has been estimated to be two hundred fifty thousand dollars ($250,000). It is recommended to transfer monies from the General Fund Contingency Account to a newly established Golf Course Development Account #001-840-1890-3342. It should be noted that the two hundred fifty thousand dollars ($250,000) can be reimbursed after the financing strategies have been considered. EXHIBITS: 1 Resolution approving the appointment of a seven member golf course Steering Committee to monitor and review the progress of the golf course and related amenities. 2. Resolution f9^195 approving the transfer of funds in the amount of two hundred fifty thousand ($250,000) dollars from the General Fund Contingency Account #001-840-1990-2999 into a newly established golf course development account #oei-«40-1890-3342-. 3. Preliminary Processing Schedule. 4. Plan B - Development Flow Chart. 5. Plat Map - Lake Calavera 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING A STEERING COMMITTEE TO MONITOR AND REVIEW THE PROGRESS OF THE GOLF COURSE AND RELATED AMENITIES. WHEREAS, the City Council has selected the 252 acre Lake Calavera parcel as the site to develop a regulation 18 hole size golf course; and WHEREAS, the City Council wishes to appoint a Steering Committee charged with the duty of providing input on the design of the golf course, establishing a vehicle for public input on the golf course design, and serving as an advisory and review committee; and WHEREAS, one (1) member from the Recreational Facility Financing Committee; one (1) member from the Carlsbad Golf Association; one (1) member from the Planning Commission; one (1) member from the City Council; one (1) member from the Parks and Recreation Commission, and two at large members shall be appointed by the Mayor to serve on this Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, the following: 1. That the following citizens are hereby appointed to the Golf Course Steering Committee: AL SUTTON JACK SCHUMAKER ANNA KNOX JOHN MAMAUX TOM ERWIN PAT KRIMINIAN LEO DULACKI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the Golf Course Citizen Steering Committee is directed to monitor and review the progress of the golf course and related amenities and shall work with staff and consultants throughout this process. 3. That the City Manager shall assign such City staff as necessary to provide assistance to this Committee. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22"^ day of August, 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux & Pettine NOES: None ABSENT: None JDE A.'LEWIS: MAYOR ATTEST: ETHA L. RAUTENKRANZ, Cll ALETHA (SEAL) / / / / / / / / CITY CLERIO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING TWO HUNDRED FIFTY THOUSAND ($250,000) DOLLARS FROM THE GENERAL FUND CONTINGENCY ACCOUNT #001-840-1990-2999 TO FUND VARIOUS PRELIMINARY CONSULTING SERVICES FOR THE GOLF COURSE DEVELOPMENT PROGRAM. WHEREAS, the City Council has approved the development of a regulation 18 hole size golf course at the 252 acre Lake Calavera site; and WHEREAS, funds are necessary to hire consultants to prepare an environmental impact report, preliminary golf course design; soils report; and a real property appraisal and; WHEREAS, funds are available in the General Fund Contingency Account #001-840-1990-2999; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, the following: 1. That the above recitations are true and correct. 2. A transfer of funds in the amount of two hundred fifty thousand ($250,000) dollars from the General Fund Contingency Account #001-840-1990- 2999, into a newly established golf course development account #001-840- 1890-3342, has been authorized. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15^ day of August, 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux & Pettine NOES: None ABSENT: Council Member Larson JDE A: LEV/rS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERlf (SEAL) EXHIBIT 2 July 5, 1989 TO: FROM: RALPH ANDERSON, UTILITY MAINTENANCE DIRECTOR DAVID BRADSTREET, PARKS AND RECREATION DIRECTO STATUS OF PARCEL NUMBER 168-020-17 & 18 (LAKE CALAVERA PROPERTY) During the analysis of the Lake Calavera parcel for a golf course site, staff found that in the northeast corner there is a 1.28 ac. ± lot, parcel number 168- 020-17 & 18 that is owned by Adelina Alvarado, 200 Olive Avenue, SP-2 Vista, California, 92083. This lot is located where the number 4 & 5 fair ways are currently laid out on our preliminary golf course / routing plan. I would appreciate if you could find out more information on the ownership, zoning, price or value, and if the parcel is for sale; in addition, what was the rational in allowing private ownership within land that is owned by the Water Enterprise Department? Thank you for your consideration, and if you need further information please call me at extension 2824. EXHIBIT Parcel Map c: Frank Mannen, Assistant City Manager Golf Course file (Lake Calavera) DB/es HEDIONDA Continental Lawyers Title Company Subsidiary of lajuyeisPde Insurance @poration All of us at Continental Lawyers Title Company sincerely appreciate the privilege of having served you in this transaction. YOUR policy of title insurance is an important record. It provides you with valuable protection of your interest in real property. Please specify Continental Lawyers Title Company for your future title insurance needs. We believe that the unique feature which distinguishes our service organization from another, particularly in our field, is the skill and experience of our personnel. Our people pride themselves in offering you the finest, most up to date service and personal assistance available in the title industry. Specifying Continental Lawyers Title Company may also provide up to a 20% discount on your next title insurance policy. Sincerely, L. A. Balocca President T-11 (Rev. 1/90) •iiyiMiiii.iMiiyMiiyMiiHM«yMnyM«yMMyMi.Miiiy^ ^Mi.yMi.yMMyMi.iMiiyMiiyMi*yMftyijii.yMi.yi<^iBi.yMi.ytJiiyMi.yMi.yi«iitfi4C>yia Iau)yerslitle Insurance @poration NATIONAL HEADQUARTERS RICHMOND. VIRGINIA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Sohedute A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the lartd; and in addition, as to an insured lender only; 5. The invalidity or unenforceability of the lien ol the insured-mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the InjSjjred mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the Insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of atfcrliens. The Company will also pay the costs, attorneys' fees and expwtses incurretj'in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Attest: Secretary j: SEAL i; By: Imuyerslitle Insuij6rk:e @poration President Countersigned: By - POLICY NUMBER 75-00- 577-211 4542 F-:u'::por >!, EXCLUSIONS FROM COVERAGE $30 DlGgO, CU^lQUV.t. 9211 1 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govenmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, pro- hibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmen- tal protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Com- pany by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value forthe insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Policy 75 Litho in U.S.A. 061-0-075-0000 •iiyi«nyiMi.yiMi.yMi.yMMMi.yMi.yMi,yMi.yMi.yMnyMi.yMi.iHwma Coversheet CLTA Standard Coverage Policy —1988 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named in- sured, those who succeed to the interest of the named insured by opera- tion of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mort- gage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebted- ness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insureror guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mort- gage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice ot matters affecting the land. (f) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other securi- ty instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter af- fecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisi- tion or after the conveyance by an insured lender shall in neither event exceed the least of: •» , » (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebteoness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of 'he insured mort- gage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amounts of all payments made; or (iii) The amount paid by any governmental agency or governmen- tal instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage forwhich the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is re- jected as unmarketable. If prompt notice shall not be given to the Com- pany then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt rotice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Com- pany shall be prejudiced by the failure and then only tc the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipu ations, the Com- pany at its own cost and without unreasonable delay shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right o' such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any lees, costs or ex- penses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so orosecute or pro- vide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, fin insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the es'ate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requirinq such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance continued on next page of cover st)ept CONI^ONS AND STIPULATIONS — CONTINUED^ on the title, or other matter insured against by th, .,olicy which con- stitutes the basis of loss or damage and shall state, to the extent po'ssi-' bie, the basis of calculating the amount of the loss or damag.e. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to sub- mit to examination under oath by an authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Pur- chase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Com- pany is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay If the Company offers to purchase the indebtedness as herein pro- vided, the owner of the indebtedness shall transfer, assign, and con- vey the indebtedness and the insured mortgage, together with any col- lateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy other than to make the payment required in that paragraph, shall ter- minate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) . To Pay or Otherwise Settle With Parties Other than the insured or With the Insured Claimant. (i) to pay or othenwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay orotherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, at- torneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provid- ed for in paragraphs b(i) or b(ii), the Company's obligations to the in- sured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND i..^NT OF LIABILITY This policy is acontract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suf- fered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Con- ditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or in- terest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipula- tions or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company underthis policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or in- terest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy (d) The Company will pay only those costs, attorneys' fees and ex- penses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or other- wise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company orwith the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any in- sured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of im- provements; or{ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construc- tion of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made priorto the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the in- debtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the in- debtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. continued on next page of cover sheet CONDITIONS AND STIPULATIONS — CONTINUED (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Com- pany to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the in- sured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfac- tion of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for en- dorsement of the payment unless the policy has been lost ordestroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claim- ant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an in- sured owner, to all rights and remedies in the proportion which the Com- pany's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies ot the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the Insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the in- sured has knowledge of any claim of title or interest adverse to the ti- tle to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. mr I.TIC l.TIC l.TIC l.TIC i:i IC I.TIC I.TIC LTIC I.TIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC I.TIC I.TIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC ITIC ITIC l.TIC ITIC . WORO OF THA.KS. P^'-iCY OF TITLE INSURANCE As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy contact the office that issued your policy or you may write to: Consumer Affairs Department laijuyerslitle Insurance grporation P.O. Box 27567 Richmond, Virginia 23261 I.TH- l.TIC l.TIC l.TIC I.TIC LTIC l.TIC l.TIC l.TIC l.TIC I.TIC l.TIC LTIC LTIC l.TIC LTIC l.TIC LTIC LTIC l.TIC LTIC I.TIC LTIC LTIC LTIC I.TIC LTIC LTIC LTIC LTIC I.Tir (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guarantees, other policies of insurance or bonds, notwithdstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisi- tion of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the in- sured may demand arbitration pursuant to the Title Insurance Arbitra- tion Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the op- tion of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if anv, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this :30licy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this pol cy can be made except by a writing endorsed hereon or attached heretci signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 15. SEVERABILITY In the event any provision of the policy is held invalid or unen- forceable under applicable law, the policy shall be deemed not to in- clude that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at Corporate Headquarters, 6630 West Broad Street, Richmond, Virginia 23230. Mailing address: P.O. Box 27567, Richmond, Virginia 23261, or to the Company at its Pacific States Office, 10 Universal City Plaza, 23rd Floor, Universal City CA 91608. CONTINENTAL LAWYEh^ TITLE COMPANY 4542 RUFFNER STREET^ SUITE 200 SAN DIEGO^ CALIFORNIA 92111 CLTA STANDARD COVERAGE 1988 SCHEDULE A DATE OF POLICY: OCTOBER 30. 1990 AT 8:00 A.M AMOUNT OF INSURANCE PREMIUM: POLICY NO ORDER NO. $20,000.00 $320.00 75-00-577-211 156027-04 NAME OF INSURED: THE CITY OF CARLSBAD. CALIFORNIA. A MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: THE CITY OF CARLSBAD. CALIFORNIA. A MUNICIPAL CORPORATION THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS: A FEE CL?A STANDARD COVERAGE li ORDER NO. 156027-04 POLICY NO. 75-00-577-211 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS. ATTORNEYS' FEES OR EXPENSES. ANY OR ALL OF WHICH ARISE BY REASON OF THE FOLLOWING: PART I 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF- 5. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS. OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE. AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS. CLAIMS OR TITLE TO WATER. WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A). (B) OR (c) ARE SHOWN BY THE PUBLIC RECORDS. PART II 1. PROPERTY TAXES. INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1990-1991 WHICH ARE A LIEN. FIRST INSTALLMENT: PAYABLE BUT NOT YET DUE SECOND INSTALLMENT: PAYABLE BUT NOT YET DUE 2. THE LIEN OF SUPPLEMENTAL TAXES. IF ANY. ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE. OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES RECORDED: OCTOBER 6. 1925 IN BOOK 1122. PAGE 324 OF DEEDS AFFECTS: AS FOLLOWS: CLT'A STANDARD(POL 75) ORDER NO.: 156027-04 POLICY NO.: 75-00-577-211 SCHEDULE B(CONTINUED) PART II 4. OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LOT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER. EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300-00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING. ALL IN SECTION 27. TOWNSHIP 11 SOUTH. RANGE 4 WEST. SAN BERNARDINO BASE AND MERI- DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE OF SAID RANCHO. 1766.00 FEET; THENCE SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 54. TOWNSHIP 11 SOUTH. RANGE 4 WEST. SAN BERNARDINO BASE AND MERIDIAN. THENCE EAST ALONG SAID NORTH LINE. 676.50 FEET TO CORNER COMMON TO SECTIONS 26. 27. 34 AND 35. TOWNSHIP 11 SOUTH. RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST PARALLEL TO THE SOUTH LINE OF SECTION 35. TOWNSHIP 11 SOUTH. RANGE 4 WEST. 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35. TOWNSHIP 11 SOUTH. RANGE 4 WEST; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUA HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NO. 3 TO THE POINT OF BEGINNING. ALL IN TRACT "D" OF RANCHO AGUA HEDIONDA. AS SHOWN ON MAP NO. 823. OF PARTITION OF RANCHO AGUA HEDIONDA. FILED NOVEMBER 16. 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY. CALIFORNIA. COVENANTS. CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE. COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: AUGUST 5. 1930 IN BOOK 1806. PAGE 186 OF DEEDS NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND. ORDtR NO. 156027-04 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA. IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 823. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. NOVEMBER 16. 1896. DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35. TOWNSHIP 11 SOUTH. RANGE 4 WEST. SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6. 1920 IN BOOK 329. PAGE 314 OF DEEDS; THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20''12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100-00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY- 45.29 AC •0 C0U»T1f »S^^S'C••S »«P B« .IM />G 02 MAPPED fOP *SS[SSM(NT PURPOSES ONIY THIS PLAT IS THE COM PA ^ WL^U.UllIWi MAP 823- RANCHO AGUA HEDIONDA POR.SECS 26 27 34 &35 T IIS - R4 W »- 168-02 SHT I OF 3" r- 4C CHANC 3( BLK OU) «f t fSO <.i-> •1 ou 'f,'"t7 7f ^1 rr 7^ !,V,S3 ij /o: 34. 7' Ty 7^ ozo nd « to 3IS. S9 7J 2S,9 Ha 79 79 7? 7? /^', RcK-Uf ttfiJUkl, 8I_ 31 US- 331-1 331.' III-.U-KlLt-91 134. 81 350 RcK-l/) 81 351- sr »». SAHIB ?2 54.7c K.ILL 82 *0*i fames 8Z 401& /fr^rV/f HOMSS 83 4/3; KILL S3 ^oMr 53 '7'-•no 2o-o«. ft-6 to yKILL 83 +27-E io , BS W -OR YOUR AID IN LOCATING PRDPERTl ( ASSUMES NO LIABILITY FOR ANY LC Y REASON OF RELIANCE THEREON mi ia and for Mt« Ceuity mA tmU, pwaotany •ppMr«« lob«r« 2. iMOMk uimMfa M. PMoook, ta«>m to M te b« t^woi, «I»M MM. .N ttftMrlbM te tbe QUli* U.%»i- Mnt. and uknowleaged to M ttat ttojr «»l««te« the MM. nmaa mr head and emout eeel the day aod year la thie Oertlfioate fint abore writtoa. Oladya I. «upd, Votary ruUie ia and fer aaid Couaty aad atito. Raoorded at Bequeat of Ohioa Title Xaawaoee Oo. Ave. e, 1930 at • e'eleek A. m. 7oha H. Perry. Ooeaty. Maeorder By L. B. Vbedard. Deptity (MMMino. ) Vae 11.00 .~..ooooooooooo- OSART BBB THIS mamrai. nde thia Slth day of AiBO. 1030. by and betaeea Ooeaaaide Mutual Watar Oo.paay. a eorporatioa. Firat Fwty, aad Oitieeae latioaal Tnat aad SaTiace Bank, of Loa Anealaa. a oorporatioa. Saeoad Party, WXTirxssiTR: IHAT, ia ooaaideratioa of tha ana of Taa (#10.00) Dollare. aad othar goud aad T«l«abla •oa.idar.tioaa, the reaeipt ehareef ia hereby aekao»led«ed. Firet Party doee hereby great to the Seooad Party that oertaia real property withia the Couaty of Saa Dieeo, bottodad and deaoribed ae followe, to-«it: All that portioa of Lot "D» Raaeho Agua HOdioada ee per Itop thereof Bo. 888 Reoorda of Saa Diago Couaty. Califoraia, daeerlbed ee folloeei Begiaalag et the Berth Quarter ooraer of FTaetlooel See. SS Tvp. 11 south. Baage 4 Weat, S. B. B. k Hi theaoe South O'le* veet sltS.M feet elong thi Sartb ead South eeater llae of aaid See. 88 produoed eithia the Onnt te the Southeaat eonur te that pereel of lead eaveywl by Cheater Ouaa ead Bltaabeth Owa te Oeerge L. Qua asd Oheatw 8. Ouaa hy Deed Reeorded Ver. e. IMO pege 814. Book SSO of Oeede. Reeerda of aaa Biete Couaty. Oalifontai theaae Seuth 74»80« Beet 810.88 feet to the tme peiat ef hOflMiHI thaaee 8e«th ie'«»« laat 867.00 faett theaee South 84*4S*«0« Itat 808.8I fM«| t%ntt Berth tO'U' «eat 86S.00 feet} theaee Berth B4«88« fcet 8XT.18 fMt te the «m pelM er begiaalag. eiae»tias therafNa ttat pertioa ef the abo^ deaevthed yaiMX lyaat the Baeterly beaadery thereof, ead a lUe dram pereXlel «lth ead OM h^tec {xoo} •OMured et rlgkt aaglee. laetenr froa oeld BtMterly bowdary. tho mperty bareta daeerlbed la eewreyed aahjeat to taaao oeaotttviu^ a Ilea aet yet peyahle. aad aahjeat to the feUeeiag eeadttleaa. leotrtetiaae, aai Itatta. ttl t il I 1 - BTOHTty ahall ho «sa< aai eooaalei aai» ^ . ! MpUg eater ead «e. . the yarpeed ef iteaUlac ead f-»«i« Mtar ead far tto taatallatlaa aai aatatdMaao tt aooaoaarr ii«^<^ o-X Of the Tee ».g^ „^ ^oarmt^ toalX ha« ea lapo^iii.. oapaelty eaeeeilag tee (.) .ero^ ^7 - - Purpoeea Of reeldeaae. eaap e, e^^ ^ efT™;,!"^ ^' " J^rela eet out .ha„ be hladla. .pea the eaeeeeeeea -ad^r^ Z ^ be eafereeebU by tha Flrat Pert, mmt, *^ "'^ '*»»P Mi oheU -.™ "-^ ™ i:™' r • «0»»«S1DB MTOU. aitai OflMPABT. Ry H. beeeaaaa. Prealdeat. By J. B. IRtlgte. Seeretery. WAU OF CALIFOHBU, COOKTr OF LOS AHOIUs{ y M.a Mgaiea. Califeraia, reaidiag theraia, duly ooHiaeioeM ^ Wllbert Burkert, '^^^>^ I ) Rotary Publio ia aad for aaid Couaty and Stata. My ConiasioB Bxpirae Dec. 18, 1938. Raoordad at Raquaat of Dhion Title « axon Title laauraaoe Co. Aug. 5. 1930 at 9 o'olook A. M. 56840 Fee •1.40 ^' By !<. B, Woodard, Deputy >-00000000> TOLL RBOQBrnABCB WOW AU WW BT TRZ8X PRBSBBTS: THAT, WHIRBIS. tWlOB TBU8T COHPAKT OF SAB DIBQO a o«.Bn«.*i . Plaoa Of buala... .t San Dlago. Caliroraia Z ! --^"^ Priaoipal *loho. and Barla aalohow 7 Wy. .e " 1' • " - — - - couaty Beeordar of ^.J. ^ioaed. by rea.oa of he Mt^^ t " — Dollar, reaelpt ,,,,, ...T ' —"•«tloa of th. au. of On, ttlNTINENTAL LAND TITLE COMPAirS' A SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 4542 RuFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 CITY OF CARLSBAD 2075 LAS PALMAS DR. CARLSBAD, CALIFORNIA ATTENTION: RALPH ANDERSON YOUR NO. ALVARADO OUR NO. 138206-05 DATED AS OF JULY 28, 1989 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [x] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [] 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [] 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM^^n ^ ^ UiHIiUIN UWNtK i ruUiUT T jar-\ UJ ^ >• A kirNOi- r-iTTrMll-i->ni\ ^DT Ol/ D A T DPi T T Tl ~C nCT T P C D ANDRE PITCHFORDJRICK BAIRD, TITLE OFFICER SCHEDULE A ORDER NO. 138206-05 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADELINA L. ALVARADO, A WIDOW THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION -SCHEDULE A PAGE NO. 2 ORis€R NO. 138206-05 LEGAL DESCRIPTION ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE SOUTH 74*'39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54°42'40" WEST 308.62 FEET; THENCE NORTH 20''12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. SCHEDULE B ORDER NO. 138206-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 OF DEEDS AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LOT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SECTION 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERI- DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THENCE SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALONG SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 27, 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST PARALLEL TO THE SOUTH LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUA HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NO. 3 TO THE POINT OF BEGINNING, ALL IN TRACT "D" OF RANCHO AGUA HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGUA HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DEEDS ^SCHEDULE B PAGE NO. 2 ^DER NO. 138206-05 5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $20.09 PAID PENALTY: $NONE 2ND INSTALLMENT: $20.09 PAID PENALTY: $NONE EXEMPTION: $NONE LAND: $3,857.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09015 ASSESSOR'S NO: 168-020-17 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. 168-02 SHT I OF 3' ® 1 m SHT2 z s m 1 r- 4C CHANGf Cl CL BU" OLO Cl CL ^0 '7 I'l ou 'I'«f7 ?4, ;r 7^ /o. 77 !^ ttiri 77 ozo P-l*-tT d itlC n«-<t ozo *y 7J .»7 W J03 Mi /li- /<*•'? 2/* R<K-UP A331 KlUl. % 136 P«K-Uf 01 350 U.MCt 81 351 SMie ?Z 547< -l.-ii K.ILL 82 «4 r>tMtt.t «Z 4076 83 m-tt, ac->* KILL 83 tn Piaciir vent 93 f-V,' \KILL S3 8« /S-7 Tuc . ''^'^ -^'^ LOCATING PROPERTY THE COAAPA^ r ASSUMES NO LIABILITY FOR ANY LO: ' '0 COUf*TK AS.M-S^C-'i^AP MAPPED FOR »SSfSSMtNT PURPOSES ONLf' MAP 823 - RANCHO AGUA HEDIONDA POR.SECS 26 27 34 A35 T IIS-R/iw Y REASON OF RELIANCE THEREON. CD Continr ^tal Lawyers Title Cr^pany ISSUING OFFICE: Subsidiary of Iau)>ers]itle Insurance ^rporation ESCROW OR LOAN NUMBER TITLE OFFICER /)-Acire. P/fcIfori INUMBER I 3^^D^ "'^'^ r L . Ci+y of Corii bc^ ATTN: (^f^UrSoO J ENCLOSURES: • Policy of Title Insurance • CO. &R, • Deed from • Deed of Trust • Maps ottier. C»py 4- v^jti T-02 REV. 10/89 t • Certified copy of • Copy of Policy of Title Insurance • Fire Insurance Policy • Tax Bill • Recorded document returned to us by ttie County Recorder, • Preliminar/Report mm 9f (tiijimut) orarrr or LJt AmoJi) s.cr o < ^ <--*^ ' !• M4 r« M .4 BottBij IBA »x*ti> p*r»oniill.v kppw»<i I. ^»««ofc •»« lT«a»H © IHttoosk, tiicrti to u to b» tb* i»r»)ii« »!ioi»« n»t..o «:•« P'AMrll>»< to thu fcr;«olM viTrOil By l»a« •sd orMsUj tb* xui y»«r B ">l» <«rHf;««M fWft •bcn artt^x, OUdya ». V*r«« Hottry ihibll* la »a« f«.' Couniy M<I 9U *»tiyrA*i tt iit4) i««t of DfcloB T; tl» iBBiri-Qi- Co. Iv-i;. 6. 1*50 «t » •'«!,«•» *. « = Join II., y«rr^. County. H»i!i'r«'Jr oooooocooca-— THIB XHDarrtffll, i*<H' thU fCt? 4»y o;- Juat, IMO, by «uS b«t»«*ia Oi>«ii )b,i^l ta%»T Umfiil. • •orpoi'Bt um, )'lr»l, I>«rty, nA OMUaii* UtiMt) tTii$t M4 Wk'»U«» Beuak. or loa ioflnt, • ocrpoi-utliMi. Meoiid P«rty, V t T >4 I S C I T B: TliiT IB ooa»l««ritloB Vh» ouit of T«n (|1C,00) BeU^irti. «B<1 .ith«r 4004 WMl »ml*il)l« «iOB»iaor»tHai». th« -•sta'. «her*of In h«.r«bj ii«kE, >»li.U t«-l„ TinX Vmir.j awi* tuMiiy arii .t '16 tbsi Iteoaii f%txv thut oortexn r»a2 property wit lis th« County of t.at. Iii<«c> b«an!«<l •n4 iJo»«rlb«a •* followo, i.o-wlt: lil i:l)«t portKm -•! Lot "3" P«,iubc lUilloBds %» IMr Uip th<rP9of '«(.-. 8?S %t%ori* cf tea DUflo County., Csli.rorcx*, dtMribtHt foXloi«; BrikfiiiiM «t t!« S.irtt (lD«rl»r ooriiy cr Frtolloiml »i»o. 35 Tirt. IX 3c««B( ttMg* 4 It**!".. B. B. B. k «i (inam IkntXh O'U* ••J.ot EU6.eO fM» kliMM; l» Jicirtn iMUd aofltt •mi%w llM or Mle 5»». S5 (>r.Xn««<» slthla th« "Jrwit »o th» ilo\itbi*»» •ormiur «f para«X of Xjinl c:vinty*a by Cl»«»t»r Oiuui nai Sl*»»b«tJi (taon i» (l»<Mi« 1.. »»• •a* «*««t«r D. Oma it»*»<!«A K«T. e, :.i)BO p>i.o M4. Book 6S<i of OMd) Ri«jr<ili of ana DttfO Oenty. OaXlfcnut th<«M« l<nitli 'i'sg' 6XS.38 f»«t to tk,«» tma point or bMlanlXt; UiWM aooth Xa*t7' lB«t tb^.DO fMt; 'Ch«Do* South 84*4>'40* lliat 306.»S t9*%; tkJMM l«rtk »0*U* ilMt m.M fM t I rMB(« lorth &4*ar>* Itst S17.1» fMH to th* tm* |i«Ut 'tf ^ MclMlii«. •w«ptlB« tharortoB tlMt portlod of abe-r* d«Mirlb«l p«!^««I lyln* ivttM«» ttw 1«ab«rXy boundtry tb«M^if> ond ii lta» dr«an ptra^Xo?. Tiltb ksd («• hiiadr«d (X<10l fait^ nMSiirvO at rl(bt aacXao, liif'tarXy •.f\<m aild VaivarXy hooadf.ri. «w proparty aitrtlM d»»<.rlb«d la o«BT*yad avbjact to tiixaa aoMtlttJla« a lim a«<l y«t !>ayabXa, aad aui>Ji»iS to tht roXXowlag aovdltiona, niatr:letlona, aad ll»lta< UtaatTv M-Hiiti •11,^% aa. ^ '••••"^ »rk.. p«,u. ^'y J. I. TMiif.,, F;(,«:,t8,.j . )83. 91 cc„.ty cr LC. - . r....r ..b.. ..... H.2':::: r"^" »r«..3. .c..^y.,J ^ - ''Ub.rt Bur^Mi;. »o^ry PubXi. ^„ ^^^^^^ K,ort^ .t s„u.ct c OBi„„ T,,^ J<;t-D H, y,rry. Jouciy -.Ucorxltr ^' 8- •o^'J-'. IHpux, • -oooooooo.. TOLL B.»}(WTrn»C» a» iii m BT •naar Piuisma: THAT. maus. mna, CWXKT O, :UM DI^J - K xobo.. ,„r.; 7:" ». Book ^ • ; —. ^-to... ««.Bty. la , V'"" " '"""-^ .y ...o„ Of t.. J -0P.«. n.. row. r, c*Pu..«. .^b . '-^^ "^a ra,.a ,,f T^., ^.tM doa. ^o._, - ...n..t Of " ^^•^'^ t^-t.,. ... ici • • • • • • • • • ••• • • • f • t • • • • • • • • • ImS fOKM fuKKiSHIt IT UMION TIIK IXJUHIHCE k- r .... • ««. . .... •. • • * . • • • I iflii I. R. S. i Llonftl R. AlTtrado a-«a known aa Lionel Raywond Alvarado and Ruth M. Alvarado alao known sa E.uth Marion Alvarado, huaband and wife, FOR A VALUABLE CONSIDERATION, do hereby CRANTio Adelina L. Alvarado, • widow. the real property in fhe State cf California, described as: County ef San Oiego, , o. : ,. ^ .c.)X-. in ' c tv v.- thenc lot Tc ill that portion of Lot "D" of tho Rancho A/ua Hedionda, In cui.ty of Jan Die^o, State of California, accordini^ to i.;ap thereof 23, filed in the office of tho County Recorder of San Dieeo y cvc:.;ljer IC, described as follov^s: Lo innin.-; at i'orth i^narter corner of Fractional Section 3r>, Li-j 11 wouth, ''.anfo 4 '/est, Gan Uornardino I'.cridian; tlicnco O'"!/,' est 21P.'j.'iO foot alon^: Korth and South center lino of . ection 35 .produced within the ^rant to Southeast corner of p.-rccl of land conveyed by Chester Gunn and i:iizateth Gunn to s L. Gunn and Chester D. Gunn by deed recorded i:ove;,:bor C, 1920 oJ. 1:29, page 314 ofDeeds; thonco South 74»39'V;o3t 619.33 feet • Q true point of besinning: thence South 1^27' i^ast 267.00 feot; e South 54" 42»40" J/oat-306.62. feet; tixence North 20'»12' West CJ i'ect; thence Horth 54"35' Sast 317.15 feet to tho true point , innin^':. ;i'Ti:'n therofron tliat portion of above described parcel lyinij octorly boundary thereof and 0 lino drawn parallel with and .-iuucurcd at right angles Easterly frou caid ,.c3torly boundary. All that real property hereinafter described lyina witiiin tho ,..';L!t..cLi£it • .uartor of vacation 27, Township 11 South, ilanfje 4 Loot, >..au ornaygiiiio ; oridian, in the County of San Dio.i',o, State of California, acooruin|?^o United Statos Government Survey approved Liecenber 27, 1 1 e.;inninf at a point represented by a 2 inch concrete fillTd pipe in oricinal nound of otonea situated at the Intersectlork of t)»« !!urth and South center line of ST f-ini;e 4, __ . .ction 27, Township 11 South, .'oat, ^.San Bernardino Keridion, with the Northerly boundary lim ofijtJbcRiSanchQiAgua*^^ . '^'l'^32;5r''^&Si'Blorifi I!ortherI/'13'6undary lino of said Tlancho; tlxeftce due fIJbrth ir distance of 843;16 fefjt to center line of the County Road "Known aa County Highway•Coranission Routo 14; as the caiao existed on Cepter.ber 15, 1V43; thence South 5o«53'10" West a distance of 1794.96 feet alone the center line of said County Road to an ani'.lo point in 1 cai'l ruac!; thence South 17*30vOO" Jaot a distance of 25.72 feet to tlj© pciut oi" beginninc. , . .:„C£PTIKO from the above described property that portion thereol which is included within the following: Oj^inning at a point ^dpr^esented by a 2 inch concrete filled pipe in orij'inal mound of stones Situated at the intersection of the llcrth .^nd South center line of Section 27» Township 11 South. Raixce 4 '-est. ikin Bernardino Meridian. with",the Northerly boundary line ?f ^t^f^R^n*^"*'; ... Agua ilodiondax. thence^^ilqn^^thdJteBt^ he"x^mbove'described. NortSt i7*30t06*«^ii^ftltanee of 2S.7? f«»At. o'^ (Nl in original rjound of stonea situated at the intersection of the t^orth aiid South center line of Section 27, Township 11 South, Range 4 '•es^#,_ San Bernardino I'eridiar *ith the Northerly boundary f^Kd"''"" Agua uodiauda; thence axons the Wooterly .line of tha.pi»rwul oi lana l.creiiTabcve described, Ilorth 17*30»00" West a distance of 25.72 feet i to ari an le point in the center lino of tho County Road known ao CouKty I;ii.;hway Corninission Route 14 as the sqrae existed on Septenbor 1^43; tlioncc along the center line of said County Road North ,«':,3'1J" Kast a distance ox" 902.85 feet; thence Southerly in a Gtrai.;l.t liiio 434.04 feet to a point in the Tlortherly boundary of ...iclio A,;ua Ilodionda which is 767 feet r.'ortlioasterly fron the . " o/,in.".iiit;; ti.onco Southwesterly alon^: cai.l l.orthorly I .>:.u,;..i Iiiio of said Tajiicho Ai.ua liodionda 767 I'cct to t!ie point of •. C^iii;;! n. , :;'n::G frop. tho above described property tl.at portion thc'cof winch is included lyithin tho oroperty described in the fia.'.] onjer 'ondo:ination entered January 12, 1^54 in Case i:o. 177994 of tlie superior Court ofCalifomia in and for tho Countv of San Diejp, a certified copy thereof beixx;;; recdrdod January 13, 19S4 in l ook ylll, pa'-.o 164 of Official Records and recorded January 14, ^.5, • 1 e. -11' ,;:;4 in Ijook S.112, pa^:e 233 of Official aecorda and as a;.iended by t:;av certain i:unc pro tunc order entered in said action 7c'. ruary 4, 1;;4 a certified copy of said ilunc 1 ro Tunc or.Icr Icini-, recorde':! .'arch 10, i:';4 in ^ok 5166, pa.30 401 of Official Aozordii All that portion of the Gouthf^"st Quarter of Sect ion 27, Townsliip 11 South, ::an,,o 4 '..est, Gan Dornardino licridian^ in theSounty ol San i Oio.;o, ./uivo of California, noro particularly described as follows: ?.0' innin • at a point on llorth boundary line of the .'tancho A^'ua llodiciiJa vl.ic.'i is Horth 86*06«47" Ikiot 1532.54 feot fron a poirii: roijroooi;L,cd by a 2 inch pipe filled witli concrete in tho oricin^l uounu of rocks at the intersection of the Morth and South center li^ie of saiu Section 27 with said Korth line of the i''.ancho Ar^la I'odionda: tUcncc . orth f'6»06»47" last 246.97 feet alon- said Horth line; th&iicc I'orth 9V2.41 feet to the center line of the County Highway knovni as _ County ia -hway Coiariission Route 14. Division 1, as the sai;;e existed • on Scxtenler 15, 1943; thence South C2»23'40" '..est aloui; said center lino iOi;.24 feet; thence South 5iJ*'53'10'' V.est along said center lino 175.7ii feet; thence Soutl. S46.I6 feet to tho point of beeinnin^:. EXGul'Tilia FROM tho above described property that portion thereof Yihidh ie includied ifi thin tho followinij: Icinnin'- at a point on the North boundary line of t!io Rancho A/ua h-euionda"i»hich is Korth C6»G6»47" Jast 15i'6.54 feet from a point re'^^resoutcd by a 2 Inch pipe filled with concrete in orif-iinal 'loixnd of rocks at the intersection of the x.orth and Soutli center lino of caid Section 27'with said North lino of tho Rancho Agua Hedionda; thor.co alon- said I^crth line Morth o6"06»47" ::ast 192.97 feet; thcico '.:orth y'r...Kl fact to tho center lino of the Comity uoad known as County i:ii:liway Commission Route 14, Division 1 ao tho sa-nc existed on Septfe .iber 15, 1943; thence Southwesterly along said center line to Lan intersection with a ^lir^ drawn IIorth fron the point of beginning; "thence South along said line to the point of beginning. -ALSO '^XCKFTING from the above described property that portion thereof which is included within the property described in the final order of Condemnation entered January 12. 195V in Case No. 17799** of »^ tho Superior Court of California in and for the County of San Diego a certified copy "-hrtreof being recorded January I3, 195V in Book 5111t fpage 16V rf Official.Records ;andtrecorded January IV,,195V in Book 5112,j fpage 288;^ of OfficlaKReeords- andr as amended by that certain Nxmc jj ?pro tunc order entered in.'said action February V, 195V. a certified copy of said Nunc Pro Tunc order being recorded March 10, 195V in-Book 5166, oage UOl of Official Records. PARC«:L VJ -1> "i -i'**:^ I IH That portion of-;Lot'""D"of-Rancho Agua-Hedionda,-in-the^5County-v^4i f San. Diego, State dtJiCglfforxiiar-according to Map therisof No.-. :i 23 filed in the &fm#^fttHa=:C6uiity Recorder of San Diego Cotmty 1 < November 16, 1896 deserlte^as^follows: net'innlng at tha'^cdm^r^coamon,to Sections 26, 27, 3V and 35. township 11 South, RaV6e»%%V/est^i:Sa»;3ernardino Mf.rldian, said point being the Southeast corner of landsdescribed in deed from^C thence SoU?h along said line to the point of beginning. " ' —ALSO ''XCHPTINa f- vthe above described property ' ^t portion 'thereof which .is iriulu-rfd within the property describeu^n the final order of Condemnation entered January 12. 195V in Cnse No. 1/799^ of the Superior Court of California in and for the County of Snn Diego a certified copy "hereof being recorded January 13» 195V in Boo/C 5iii, page 16V of Official Records and recorded Janxiary IV, 195V In Book 5112, page 288 of Official Records and as amended by that certain Nunc pro tunc order entered In said action February V, 195V, a certified copy of said Nunc Pro Tunc order being recorded March 10, 195H- In Bock 5166, nnge hOl of Official Records. PARCEL V; That portion of hot "D"of Rancho Agua Hedionda, in the County of Ban Diero, State of Cnlifornia, according to Map thereof No. >- 823 filed In the office of the County Recorder of San Diego County November I6. I896 described ns follows: '^et'lnnlnij at the confer common to Sections 26, 27, S** ^na 35^ Township 11 South, Rnnf^e V VJest, San Bernardino Meridian, said po^nt being the Southeast corner of land described in deed from Chester D. Gunn et al, to Rdward R, Fischer et ux, dated January 19, 19.'.7 and recorded February 2, 192? in Book 1350, page I89 of Deeds, records of said Covnty; thence North 89'»52'West along the Southerly line of said Fischer's land 676.15 feet (record 676.2 feet) to the Southwest corner thereof; thr>nce North 0O06' Vest along the Westerly line of said Fischer's land 5U.I+9 feet to the true point of beginning; thence South 63"19' • West 295.6V .feet; thence North 87"V8' West 209.5V feet; thence South 51+029' '.'est 260 feet, more or less, to an intersection with the Westerly line of said Northeast Quarter of Northeast >,uarter if said Section 3V; thence Northerly along said Viesterly line to the Northerly line of the Rancho Agua Hedionda; thence Northeasterly along said Northerly line to a point that bears North 0''06' West from the true point of beginning; thence South 0»06' Flfst to the true point of beginning. DatedL June 17, 1954 3tlte tf California Cfjijitlsif Sair Dl«i6. W"" I —~ — rrr^ T- ^- . ... 1- , kcfcrt M, ft* nMcniiMi t KifMi PiMtA.Mj (w uM SrtCE KlOff i 82672 Union Title Insurance and State of California County of San Diafo SS. 0- June //, 1,54 btfcrt ne. tht wiv\«)ntt. i Notjrj Publk in tnd for Mid {cunty jnd SUts. pfrsonji!/ tppetred Lionel R. Alvarado and Huth JI. Alvarado known lo mf lo bt iht ptrson 8 whost njmt.a...are sjbwnbtd to Iht within injirumeni and tcknowledgtd that they t>tciittd the Mmt. *ilNtSS m) hand and oflicial seal. K»i»f| PutiK i. tni 1*1 uH CM •y «oMis8lon e^^jlrea Pa , 1M7 • • • i • * • « • • • eRANTI.OEED iriis mn tt wm Tint iNSuntNce i r Lionel R. AlTST^ntln After rtt*r4l*). MI »•: (Pirr acinu/ CAB Dcrnnnc-c ..rj X..... SPACf Bflow m 'Kimms ust OHU OOCUHfNl NO —rrTTrr RECOSOfO PFf 'L^T OF Iff ICliL RtCOr.j , SfcHQlECOCOUNr. ',M. R,-,r.?R M HnwF.HF' nff 3 MilTY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) O Master Plan . ^ Specific Plan • (For Dept. Use Only) Precise Development Plan... ^ Tentative Tract Map I—^ Planned Development Permit I—1 Non-Residential Planned Development Permit ^ Condominium Permit ^ Special Use Permit ^ Redevelopment Permit I—' Tentative Parcel Map O Administrative Variance... • • • • • • • • • • General Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit. Environmental Impact Assessment Variance Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE South SIDE OF Lake Blvd. BETWEEN (NORTH, SOUTH, EAST, WEST) T I I AND Kings Ave. __] (NAME OF STREET) Emerald (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: see attached legal description and assessors map. (Exhibit A) 4) ASSESSOR PARCEL NO(S). 168-020-17 5) LOCAL FACILITIES MANAGEMENT ZONE 14 6) EXISTING GENERAL PLAN DESIGNATION 05 7) PROPOSED GENERAL PUN DESIGNATION N/A 8) EXISTING ZONING 05 9) PROPOSED ZONING N/A 10) GROSS SITE ACREAGE 1.28 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 12) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION N/A 14) NUMBER OF EXISTING RESIDENTIAL UNITS (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMERCIAL SQUARE FOOTAGE A r\rumr\£\r\r\ nil M /OQ CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 20) PROJECT NAME: 100 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 0 Alvarado Property Acquisition 21)BRIEF DESCRIPTION OF PROJECT: Acquisition of a 1.28± parcel of undeveloped land surrounded by vacant land owned by the City of Carlsbad. 22) OWNER 23) APPLICANT ^^^^^ ^.^^^^^ NAME (PRINT OR TYPE) City of Carlsbad NAME (PRINT OR TYPE) " ^ ^ Director MAILING ADDRESS 2075 Las Palmas MAILING ADDRESS 2075 Las Palmas CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 438-7753 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 438-7753 I CERTI FY/fltAT I AM THE LEGAL OWNER AND THAT ALL THE/ABOyt INFORMATION IS TRUE AND CORRECT TO THE/BEST OF MY-KNOWLEDGE. SIGNAJW(E /J^ DATE I CERTIFY THAT I AM THE OWNER'S REPRE- SENTATIVE^D THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BESKOF MY^WLEDGE. SIG^JATURE J DATE *************************************************)(*>************ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (EIA) Form - Part I will be used to determine what type of environmental documentation (i.e. Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Recent judicial decisions have held that a "naked checklist", that is a checklist that is merely checked "yes" or "no", is insufficient to comply with the requirements of the California Environmental Quality Act. Each "yes" or "no" answer must be accompanied by a written explanation justifying the "yes" or "no" answer. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Part II. CASE NO. DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (To be Completed by APPLICANT) Appl i cant: City of Carlsbad Address of Applicant: 2075 Las Palmas Drive Carlsbad. CA 92009 Phone Number: (619 ) 438-7753 Name, address and phone number of person to be contacted (if other than Applicant): RALPH W. ANDERSON GENERAL INFORMATION: (Please be specific) Project Description: Acquisition of vacant open space property Project Location/Address: See attached Exhibit "1' Assessor Parcel Number: 168 - 020 - 17 General Plan/Zone of Subject Property: 05 / OS Local Facilities Management Zone: 14 Is the site within Carlsbad's Coastal Zone? NO Please describe the area surrounding the site to the North* Unimproved/residential East* Unimproved South: Unimproved West: Unimproved List all other applicable permits & approvals related to this project; N/A (Please be Specific. Attach Additional Paces or Exhibits, if necessary) Please describe the project site, including distinguishing natural and manmade characteristics. Also provide precise slope analysis when a slope of 15' or higher and 15% grade or greater is present on the site. Acquisition of a 1.25+ acre unimproved parcel 2. Please describe energy conservation measures incorporated into the design and/or operation of the project. N/A PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). N/A b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. N/A If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANDAG rates), estimated employment per shift, time of shifts, and loading facilities. N/A d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A I. ENVIRONMENTAL IMPACT ANALYSIS Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Provide supporting data if applicable. Attach additional sheets as necessary. YES NO 1) Could the project significantly impact or change present or future land uses in the vicinity of the activity? EXPLANATION: Parcel acquisition only 2) Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: Parcel is to be included in the proposed Municipal Golf Course at Calavera Lake 3) Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: Parcel Is surrounded by unimproved land 4) Could the activity result in the displacement of community residents? x_ EXPLANATION: Vacant parcel YES NO 5) Could the activity increase the number of low and moderate cost housing units in the city? EXPLANATION: Parcel acquisition only. 6) Could the activity significantly affect existing housing or create a demand for additional housing? EXPLANATION: Parcel acquisition only. 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? X EXPLANATION: Parcel acquisition only. 8) Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: Parcel acquisition only. X 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION: Parcel acquisition only. YES NO 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: Parcel acquisition only. 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: Parcel acquisition only. 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: Parcel acquisition only. 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: Parcel acquisition only. 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: Parcel acquisition only. YES NO 15) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? EXPLANATION: Parcel acquisition only. 16) Is the activity carried out as part of a larger project or series of projects? EXPLANATION: Parcel acquisition only. 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? EXPLANATION: Parcel acquisition only. 18) Will the activity require issuance of a variance or conditional use permit by the City? EXPLANATION: Parcel acquisition only. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: Parcel acquisition only. w " YES NO 20) Will the activity involve construction of facilities in a flood plain? x EXPLANATION: Parcel acquisition only. 21) Will the activity involve construction of facilities in the area of an active fault? _JL. EXPLANATION: Parcel acquisition only. 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: Parcel acquisition only. 23) Will the activity involve the burning of brush, trees, or other materials? EXPLANATION: Parcel acquisition only. 24) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) EXPLANATION: Parcel acquisition only. YES NO 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXPLANATION: Parcel acquisition only. 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: Parcel acquisition only. 27) Will there be a significant change to existing land form? ^ (a) Indicate estimated grading to be done in cubic yards: . (b) Percentage of alteration to the present land form: . (c) Maximum height of cut or fill slopes: EXPLANATION: Parcel acquisition only. 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? ^ EXPLANATION: Parcel acquisition only. YES NO 29) Will the project significantly increase wind or water erosion of soils? EXPLANATION: Parcel acquisition only. 30) Could the project significantly affect existing fish or wildlife habitat? EXPLANATION: Parcel acquisition only. 31) Will the project significantly produce new light or glare? EXPLANATION: Parcel acquisition only. 10 11. STATEMENT OF NON-^N IF ICANT ENVIRONMENTAL FFFECTS If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons below: III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional spac additional sheets a Signature needed for answering any questions, attach ded.) Date Signed 'erson Completing Report) 11 CARLSBAn I CITY OF CARLSBAD ftT«.»e @ 491.29 AC JM*0 *i •i MAP 823 - RANCHO AGUA HEDIONDA ^v. POR.SECS 26 27 34>35:T,II.S.- R4W LEGAL DESCRIPTION .L THAT PORTION OF LOT "O" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF \U DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED i THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 196, DESCRIBED AS FOLLOWS: iGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 3UTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH 00°14'00" WEST 125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED ITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY HESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY EED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 QF DEEDS; THENCE SOUTH 4039'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH B«27'00" EAST 267.00 FEET; THENCE SOUTH 54**42*40" WEST 308.62 FEET; THENCE ORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54°35'00" EAST 317.15 FEET 0 THE TRUE POINT OF BEGINNING. XCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN ESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET EASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. EXHIBIT "1" CCONENTAL LAWYERS TITLE CONP^ A NRHOLLY OWNED SUBSIDIARY OF <^ LAWYERS TITLE INSURANCE CORPORATION 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 SPRING MOUNTAIN ESCROW 785 GRAND AVENUE, #101 CARLSBAD, CALIFORNIA ATTENTION: BILLIE YOUR NO. 11796-B/CITY OF CARLSBAD OUR NO. 156027-04 DATED AS OF OCTOBER 10, 1990 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAUYERS TITLE COMPANY, A CALIFORNIA CORPORATION HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A LAWYERS TITLE INSURANCE CORPORATION POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDU- LES, CONDITIONS AND STIPULATIONS OF SAID FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 [x] 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87) [] 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [] (6-1-87) 4. AMERICAN LAND TITLE ASSOC^^ON OWMfiR^S POLICY (10-21-87) [] ANITA WALACH, TITLE OFFICER SCHEDULE A ORDER NO. 156027-04 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADELINA L. ALVARADO, A WIDOW THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION r ^EDULE A PAGE NO. 2 ORD^JI NO. 156027-04 LEGAL DESCRIPTION ALL THAT PORTION OF LOT "D" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS! BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,* THENCE SOUTH 00°14'00" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS,* THENCE SOUTH 74°39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54'42'40" WEST 308.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54'35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. SCHEDULE B ORDER NO. 156027-04 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED FOR THE FISCAL YEAR 1990-1991 WHICH ARE A LIEN. FIRST INSTALLMENT: PAYABLE BUT NOT YET DUE SECOND INSTALLMENT: PAYABLE BUT NOT YET DUE 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VISTA IRRIGATION DISTRICT PURPOSE: PIPE LINES RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 OF DEEDS AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF LOT 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH TO RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SECTION 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERI- DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; THENCE WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THENCE SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALONG SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 27, 34 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE WEST LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAST PARALLEL TO THE SOUTH LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NORTH AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUA HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNER NO. 3 TO THE POINT OF BEGINNING, ALL IN TRACT "D" OF RANCHO AGUA HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGUA HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF SAID SAN DIEGO COUNTY, CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU- MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DEEDS SCT^DULE B PAGE NO. 2 O^ER NO. 156027-04 5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY RIGHT OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. 6. LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND. 7. ANY DEED TO THE CITY OF CARLSBAD SHOULD BE ACCOMPANIED BY A RESOLU- TION ACCEPTING SUCH CONVEYANCE. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES AND THE AMOUNTS ARE: FISCAL YEAR 1990 - 1991 1ST INSTALLMENT: $29.93 OPEN PENALTY: $NONE 2ND INSTALLMENT: $29.93 OPEN PENALTY: $NONE EXEMPTION: $NONE LAND: $4,012.00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $N0NE CODE AREA: 09015 ASSESSOR'S NO: 168-020-17 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. see DULE B PAGE NO. 3 OP«^R NO. 156027-04 ******************************** NOTICE ******************************** 1. EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL ADD SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: 2. CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT BY DRAFT OR CHECK. 3. ELECTRONIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. 4. ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. 5. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. FQR YOUR INFORMATION OUR WIRING INSTRUCTIONS ARE AS FOLLOWS: NORTH COUNTY BANK - MAIN OFFICE 444 SOUTH ESCONDIDO BOULEVARD ESCONDIDO, CALIFORNIA 92025 ACCOUNT # 0510144658 ABA 122234372 REF: CONTINENTAL LAWYERS TITLE ORDER NO. cJSi LSBAO 45.29 AC /Jt3 <e THIS PLAT IS THE COMPAh ^11- -UIUIIIIL).! MAP 823 - RANCHO AGUA HEDIONDA POR SECS 26 27 34&35 T IIS - R4 W 166-02 SHT I OF 3* r- A 330 CHANC L. BU (0U3 >! Ic t ^St ?«,.»/ '7 ft J ou I ^> ^ 7 •,«.*3 /< ft if iT d 'HP 2^ ittC no-(l 2^ 3^ pi W X <«^^^ ;w 4S 7<i ? il 81 33 »l' st 33 rVI-*J|. KILL 81 13 P«iltUp f)l ?S 81 ^5 >2 Ki -M-ll SZ fl»llf OtdtKt 82 M? 83 4/, 20.».«. 53 •f;- >J W( «-»« \KILL S3-«7 -/ ' V7 64. I r? 2# 0 •OR YOUR AID IN LOCATING PROPER! < ASSUMES NO LIABILITY FOR ANY LC Y REASON OF RELIANCE THEREON / ' APPRAISAL SUMMARY AND ACCEPTANCE OWNER: Adelina L. Alvarado PROJECT: Carlsbad Municipal Golf Course: Lake Calavera ADDRESS: PARCEL: APN 168-020-17 ZONE: O-S Open Space SITUS ADDRESS: Lake Calavera Area Carlsbad, CA 92008 PRESENT USE: Vacant BEST USE: Open Space and Recreational t LEGAL DESCRIPTION: See attached TOTAL PROPERTY AREA: 1.28 + acres AREA TO BE ACQUIRED: 1.28 + acres Market value of the required property is: Fifteen Thousand Five Hundred Dollars ($15,500.00) The market value estimate of the property being purchased is based upon an appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based on an analysis of recent sales of comparable sites and similar properties in this locality taking into consideration the highest and best use development of the property. FAIR MARKET VALUE, as used in this appraisal is "...the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obligated to sell, and the buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonable adaptable and available." (Section 1263.320 Code of Civil Procedure) Total payment is: $15,500.00 This summary represents the amount being offered as just compensation for a total taking and is presented in compliance with federal and state law and has been derived from a formal appraisal which includes supporting sales data and other applicable cost and income documentation. The data of value is November 1. 1989. Offer accepted this day of , 19 . Adelina L. Alvarado APPRAISAL SUMMARY AND ACCEPTANCE OWNER: Adelina L. Alvarado PROJECT: Carlsbad Municipal Golf Course: Lake Calavera ADDRESS: PARCEL: APN 168-020-17 ZONE: O-S Open Space SITUS ADDRESS: Lake Calavera Area Carlsbad, CA 92008 PRESENT USE: Vacant BEST USE: Open Space and Recreational LEGAL DESCRIPTION: See attached TOTAL PROPERTY AREA: 1.28 + acres AREA TO BE ACQUIRED: 1.28 + acres Market value of the required property is: Fifteen Thousand Five Hundred Dollars ($15,500.00) The market value estimate of the property being purchased is based upon an appraisal prepared in accordance with accepted appraisal procedures. Valuation of your property is based on an analysis of recent sales of comparable sites and similar properties in this locality taking into consideration the highest and best use development of the property. FAIR MARKET VALUE, as used in this appraisal is "...the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obligated to sell, and the buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonable adaptable and available." (Section 1263.320 Code of Civil Procedure) Total payment is: $15,500.00 This summary represents the amount being offered as just compensation for a total taking and is presented in compliance with federal and state law and has been derived from a formal appraisal which includes supporting sales data and other applicable cost and income documentation. The data of value is November 1. 1989. Offer accepted this day of , 19 . Adelina L. Alvarado LEGAL DESCRIPTION ALL THAT PORTION OF LOT "O" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH OO'lA^OO" WEST 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 PRODUCED WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED BY CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER D. GUNN BY DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE SOUTH 74''39'00'' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 18°27'00" EAST 267.00 FEET; THENCE SOUTH 54'42'40" WEST 308.62 FEET; THENCE NORTH 20°12'00" WEST 263.96 FEET; THENCE NORTH 54''35'00" EAST 317.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETWEEN WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY.