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Home My WebLink AboutCT 81-46; CARLSBAD AIRPORT CENTRE; 1996-0163794; Easement, _. t L. .< 0 $RrnYJT&S m I #2-&PR-899& 0%=5& ppj ND WHEN FXXD€U)JD MAIL THIS DEED ND UNLESS CYIFERWISE SHOWN BEW ML TAX STATEMENTS TO: OFFICIAL AECORDS SA14 DIE60 COUNTY RECORDER'S OFFICE 6WE6UWY SMITH z COUNTY RECOi?fiER City Clerk City of Carlsbad AME 1253 1200 Carlsbad Village Dr. FEES: 33O.Ijicl $8 DD-S Carlsbad, CA 92008 TATE TAX: 33o.iio THIS SPACE FOR RECORDER'S USE ONLY PN NO- 212-081-10, 12, 16 & 18 Title No. 202623-02 Escrow No. 952934M >j 'HE UNDERSIGNED OR(s) DECLARE( s) mm TRANsm TAX Is $ 330.00 CITY TAX $ i. _E; ocpnputed on full value of property my&, or ~ -. - ccmputed on full due less due of liens or mrancss remahiq at time of de,,..-' Uninoorporated area: x City of Carl&& , and '! -. ;YIR Am= CONSIDERATION, receipt of ad is h~.reby -1edged, CARIlSBfw ~~Rporrr CENTRE, a California limited + ,- hereby -(SI -& THE CITY OF cNu;sBAD, a municipal corporation all that real m situated in the Carlsbad Came of San Diego, State of California, descxibed as: XMpm = DmpTION SET FCKl'H IN EXHIBIT "A", A'ITAW HERFIY) AND I"JADE A PART HEREOF* ~UBJECT 1co ALL MATTERS OF =CORD AFFECTIKG TITLE TO sua PROPERTY. CARLSBAD AIRPORT CENrTRE a California 1 imited partnership By: Weyerhaeuser Venture Company Limited Partner and Attorney-in-Fact )at&: w,~+, 5 IWF, a Nevada corporation, its Liquidating "_." IC By : e/7- L3/2", State of California lSs srgPb&~/ N1. JYI~uleoi.~rY,~~~I,U~l~~~~P~~5~ ;hat -hef&e/they mted the same in -/their autbrized capacity(ies), and that by &i&bat#tkir signature( s) on the insmt the person( s), or the enti- upn Mf of qhich the person( s) acted, executd the instrmm~t. JITNESS my hand and 0ificia.I- ~eal. Signature al notarial seal) As DUIEY'TED AEmE I " .? d e 0 1254 EXHIBIT A (LEZXL DESCRIPTIW) The "Remainder Parcel" and Lots 61, 74 and 76, inclusive of Carlsbad Tracst No. 81-46, Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11289, filed in the Office of the county Recordes of San Diego County. Ezrcepting therefrun 50% of all oil, mineral, gas and other hydmcarbn substaxes below a depth of 500 feet ur&x the real property described herein, without the right of surface en-, as resexxl by Carlsbad properties, a partnership, in a deed recorded July 5, 1978 as File/Page No. 78-279136 of Official Records. i <k"r b , ,* I .: 0 e 5 \ 1255 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated March 5, 1996 from to the City of Carlsbad, California, a municipal corporation, Carlsbad Airport Centre .................................. is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 96-104 , :dopted on March 26, 1996 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 29, 1996 By: &%& 8. ?&)hTk ALETHA L. RAUTENKRANZ, City] Clerk r 0 e ASARO, KEAGY, FREELAND & MCKINLEY ATTORN EYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE D KEAGY 3170 FOURTH AVENUE RICHARD R. FREELAND STEVEN A. MCKINLEY TIMOTHY M. BARRY SHEILA M. LEONE SAN DIEGO. CALIFORNIA 92103 TELEPHONE (6191 297-3170 FACSIMILE (6191 2994268 April 4, 1996 ?. yf y'?Lv"b L4 f "%&?&:xp (2 p p ?+& a'3,$J, .,%si+.... -4."- "---.,"'-.~~""~~>>~ "._ ...- ~~ 'tfi*=--***..%.. - .z:;i'T-c: .I._. a%-+&.,,, ??slri*uii,8.,;_,~ -. i '--->.-"&. .,, , ..,-tlr I,<, . Mr. John Cahill Office of City Manager Department of Municipal Projects 2075 Las Palmas Carlsbad, CA 92009 ,,;.A>, "537&:.*G -===".>-mx9*- r? Re: Carlsbad Airport Cenfre (Golf Course Propefiy) Continental Lawyers Title Company Escrow No. 952934M Dear John: Enclosed are the closing documents relating to the purchase of the golf course property from Carlsbad Airport Centre. Please note that the City has received a check for $1 1 .OO. The enclosed documents are enumerated in the letter of Continental Lawyers Title. The title policy will be forwarded within the next few days, as soon as it has been prepared by the title company. John, it appears this transaction is now completed. It was a pleasure being of service in this matter. FLNmad Encs. Very truly yours, A~EAGY, FREELAND & MCKINLEY Frank LL( L. Asaro .- e CONTINENTAL LAWYEEZS TITLE OOMPANY o! Subsidiary of Lawyers Title Insurance Corporation April 3, 1996 Frank Asam, Esq. 3170 Fourth Ave., 4th Floor San Diego, CA 92103 B: Escraw No. 952934M Carlsbad Airport Centmz to City of Carlsbad Dear Mr. Asam: I &ose herewith the following items in c0nneC;tion with the closing of the above refensxed transaction: 1. M in the amunt of $11.0 representing a refund to the City of Carlsbad; Asa?m, Keagy, FYaAand & l%Kinley 2. copy of the Buyers and sellers final closing statements 3. copy of the reoorded Grant Deed. 4. Copy of the signed esczcw instructions for your files. As usual, it has been a pleasure to work with you and please call me if any questions. Escrow Officer W-tm Encl- 4542 Fbffner Street, San Diego, California 92111 - (619) 278-4171 FAX 279-7538 0 a A __L r- a, fa Tr 0 u 0 4 P c U U * U .K U U U 9 -4 && \\ -\ $x. 3 -j U % - $I I L ir: c a c c ri 4 * * j: -x * U .x -x * * 4 .. P- * F Q 08 Q: 4 . cr; 1 .rl h a h1 m77 c3 w 3.e t: LLL( g c, ?Z 5. L' .;y c - - , yrr: * &6 II c; k.4 14 00: ,-. i 2 c, 5 $uq LrG-C u 'I- .E 4 i <sa v 0 .r! 4 .rl ,3 'r M .r! e 223 2 'Fer c J pJN PC hL2 g& r;:cuLi 5,.8 c-: ?" G >iK i. k$9 2 c u<sm 2 m Lrl r. r. 0 0 0 J z 5 g. ;;I r: h c-t u c. u -1 u! tr; g V .. - rD U 2 0 0 0 m m r. 8. I .. .. L 0 rn GJ r-l + L a 6 21 a2 e a a 6 . N i 4 0 4 I W 0-* 0: -3 c) cn N m Ln r, .. 8 CL 52 Y 2 Lrl % U J - '0 (Q: w 3 4 0; 0 I 2 c4 2: G a "6 :e ta ci -2 3 IQW .. 'G s w 5 ffi aj , /.. I.' , I .. .I i I:, I?- I j gu5; : ;. 1 L5' : ~ 3, : ? ;&J .. s '+ _-_ .- .-.. &d ., b-3 3 L2 5 z ;3 k n; V w 0 ?3 .li -& V 0 0 c - w ix .. +i 'L) il L 0 a i i r. L .- f ---. ! c i . FI A. i L 0 - > 1 hr s L - 5- - -. .. . I. .- . -(SW\W;K\TRANS.Z) 0 .i TRANSFEROR'S CERTIFICATE (Mi28/96) To inform THE CITY OF CARLSBAD, a municipal corporation (the "Transferee"), and Continental Lawyers Title Company, as Escrow Holder, that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code") or under Section 18805 or Section 26131 of the California Revenue and Taxation Code, will not be required upon the transfer of certain real property to the Transferee by the undersigned ("Transferor"), the under- signed certifies: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder) and the withholding of tax is also not required under California law pursuant to the California Revenue and Taxation Code. 2. Transferor's U.S. employer identification number is: 33-0109206 3. Transferor's present business address is: Carlsbad Airport Centre, a California limited partnership c/o Weyerhaeuser Venture Company Its Liquidating Limited Partner and Attorney-in-Fact 2 15 15 Hawthorne Boulevard Suite 3 10 Torrance, California 90503 4. Transferor understands that this Certificate may be disclosed to the Internal Revenue Service or the California Franchise Tax Board by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. 5. Transferor understands that Transferee is relying on the certifications made by Transferor herein in deter- mining whether withholding is required upon said transfer. Under penalty of perjury each person executing this Certificate on behalf of Transferor hereby declares that he has examined this Certificate and, to the best of his knowledge and belief, it is true, correct and complete. Dated as of: 03/07 , 1996. TRANSFEROR: CARLSBAD AIRPORT CENTRE, a California limited partnership By: WEYERHAEUSER VENTURE COMPANY, a Nevada corporation Its Liquidating Limited Partner and Attorney-in-Fact By: 0.f.- [Print Name] & 7 KunJM DE i% Q 5 5 [Print Title] VtCE YRfZSI BE& By: CY +w- >' 2 [print Name] STEPMEW A4. /YLAQboLiMJ [Print Title] EYECuTtue VJLE f'kESjoENT CONTINEN @L LAWYERS TI PLE COMPANY 4542 Ruffner Street, Suite 200 San Diego, CA 92111 Final Escrow Statement Escrow No: 952934M 'urchaser : City of Carlsbad a Municipal corporation c/o Frank Asaro, Esq. 3170 4th Ave., 4th Floor 'roperty Address: APN 212-081-10, 12, 16 & 18 Documents Recorded 04/02/96 Carlsbad, CA 92008 Debits Credit )eposits in Escrow.............................. 302,015.00 )tal Consideration.............................. 300,000.00 'olicy of Title' Insurance Continental Lawyers ........................ 1,195.00 lessenger & wire fee to Continental Lawyers ..... 9.00 Escrow Fees.................................... 800.00 Sub-totals 302,004.00 302,015.00 :heck Herewith: 11.00 POTAL 302,015.00 302,015.00 CONTINEN @L LAWYERS TI PLE COMPANY 4542 Ruffner Street, Suite 200 San Diego, CA 92111 Final Escrow Statement Escrow No: 952934M Iurchaser : City of Carlsbad a Municipal corporation c/o Frank Asaro, Esq. 3170 4th Ave., 4th Floor 'roperty Address: APN 212-081-10, 12, 16 & 18 Documents Recorded 04/02/96 Carlsbad, CA 92008 Debits Credit leposits in Escrow.................... .......... 302,015.00 )tal Consideration... ........................... 300,000.00 'olicy of Title' Insurance Continental Lawyers ........................ 1,195.00 [essenger & wire fee to Continental Lawyers ..... 9.00 Escrow Fees.................................... 800.00 iub-totals 302,004.00 302,015.00 :heck Herewith: 11.00 'OTAL 302,015.00 302,015.00 CONTINEN fiL LAWYERS TI PLE COMPANY 4542 Ruffner Street, Suite 200 San Diego, CA 92111 Final Escrow Statement Escrow No: 952934M eller : Carlsbad Airport Centre A California limited ptnrshp. c/o Marc H. Corman, Esq. 10960 Wilshire Blvd., #1225 roperty Address: APN 212-081-10, 12, 16 & 18 Documents Recorded 04/02/96 Carlsbad, CA 92008 Debits Credits 'otal Consideration.................... ......... 300,000.00 lemand for reconveyance of Trust Deed Palomar Bus. Pk............................. Lecording of Reconveyance ....................... Easement release Continental Lawyers Prior yrs del taxes Continental Lawyers ....... 1st 1/2 95-96 & Pen Continental Lawyers ....... 2nd 1/2 95-96 Prta Continental Lawyers ....... lessenger & wire fee to Continental Lawyers ..... Easement release. .............................. Legal fees reimbursement..... .................. Carlsbad Airport Ctr. 0.A Weyerhaeuser Venture Co. 205,450.85 38.00 10.00 73,145.52 6,458.57 3,015.06 10.00 7,500.00 4,372.00 ;ub-totals 300,000.00 300,000.00 :heck Herewith 0.00 COTAL 300,000.00 300,000.00 ,. I CONTINEN eL LAWYERS TI RE COMPANY 4542 Ruffner Street, Suite 200 San Diego, CA 92111 Final Escrow Statement Escrow No: 952934M Seller : Carlsbad Airport Centre A California limited ptnrshp. c/o Marc H. Corman, Esq. 10960 Wilshire Blvd., #1225 Property Address: APN 212-081-10, 12, 16 & 18 Documents Recorded 04/02/96 Carlsbad, CA 92008 Debits Credits Total Consideration ............................. 300,000.00 Demand for reconveyance of Trust Deed Palomar Bus. Pk.......... ................... Recording of Reconveyance ....................... Easement release Continental Lawyers Prior yrs del taxes Continental Lawyers ....... 1st 1/2 95-96 & Pen Continental Lawyers ....... 2nd 1/2 95-96 Prta Continental Lawyers ....... Messenger & wire fee to Continental Lawyers ..... Easement release ............................... Legal fees reimbursement. ...................... Carlsbad Airport Ctr. 0.A Weyerhaeuser Venture Co. 205,450.85 38.00 10.00 73,145.52 6,458.57 3,015.06 10.00 7,500.00 4,372.00 Sub-totals 300,000.00 300,000.00 :heck Herewith 0.00 I'OTAL 300,000.00 300,000.00 EGX36ING REQUEsTED l3Y: I 0' ND WHEN REcy>RDED MAIL THIS DEED ND UNLESS OTHEIIWZSE SHOWN EEJXlW AIL TAX STATEMENTS To: ?-",!I pycs5gED E'; 02p;EjT;k u!:EF.$ -:7;2 .. :ME 1 ,I; ~~IG~~~t,; 1 L nr ur w- 2>>L2 ftg~~g~~q #fj #ECD&jE$ &y g2-i);",r-j?yf59 BEC1'BENT H@f@ f$fy&o:63!';& JX~LIE. { SfllTn 3 [Cor] t i ~.EC~H~ER S& DiEGg C&/{TY RECORDER'S .[IFFICE {-flr-.nqI ' T !I I1 T!? -1 City Clerk 1200 Carlsbad Village Dr. AME City of Carlsbad DDRESS Carlsbad, CA 92008 .TATE "HIS SPACE FOR RM?oRDER'S USE ONLY caGwT DEED LPN NO- 212-081-10, 12, 16 & 18 Title No. 202623-02 Escrow No, 952934M ?HE UNDERSIGNED GRANTOR(s) DECLARE(s) "=TAXIS$ . . : CITY TAX $ A .- ccmputed on full value of property comeyed, or - ccxnpuw on full value less value of liens or enclrmbranoes remaining at time of sale Unircorporated area: x City of &rlSbad Id CARLSBAD AIRPOI~T m, a California limited +P THE CITY OF -, a municipal corporation QR Avzuxmm CXBJSIDERATION, receipI of &d.l is - acknowledged, hereby -(SI .to dllthat~~situatedinthe CarlSbad Cmnw of San Diego, State of California, described as: COMPLETE LM;AL DmpTION SFT IXXI'H IN EXHIBIT "A", A'ITA- HERFIY) AND WE A PART HEREOF- SUEkJECT "0 ALL P4ATTEXS OF FECORD AFFECTING TITLE TO SUCH PROPERTY. CARLSBAD AIRPORT CENTRE a California limited partnership By: Weyerhaeuser Venture Company Limited Partner and Attorney-in-Fact Dated: *n-+h 5 1qqf=l a Nevada corporation, its Liquidating ____ B~: e ~&7k- Le )GWTt) &IW.OGS)i/btk PEiiS1 DSYr State of California By: -2- q-" Is. S-;TEPdrEh/ NI. MInGo&~~~~~cu~twb~~~~PPESl anme of ' . b> WL* appeared ixut"t&DQpnosg d- %heh. AAc Ua'mfl,'iin - - personally blown to me (.Lac sz3v&z'= u -+isfacTtory M to be the rn- cI_ before m, m\ 1" public, per~anally A I person(s) whose nam(s)jzSy/are subscribed to the within insmt and acknowledged to me +ht -/my ma tk same in -/their autbrized capacitu(ies), and that. by -their signature(s) on the instrumat the person(s), or the entity upon &half of which the person(s) act&, exezuted the htrumnt. WITNESS my hand and ofificia a. Signa- (This area for official notarial seal.) As DUiECTED ABOVE . . e* 0 L EXHIBIT A (LM;AL DESCRIPTION) The "Remainder parcel" and Lots 61, 74 and 76, inclusive of Carlsbad "t No. 81-46, Unit No. 3, in the City of Carlsbad, county of San Diego, State of California, according to Map thereof No. 11289, filed in the Office of tk? County Recorder of San Diego County. Excepting tberefran 50% of all oil, mineral, gas and other -ban substaxes belaw a depth of 500 feet under the real property described herein, witbut the right of surface entry, as resesved by Carlsbad Properties, a -p, in a deed reoorded July 5, 1978 as File/Page No. 78-279136 of Official Records. I <v+ c 0. 0 1 ’ 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated March 5, 1996 from Carlsbad Airport Centre .................................. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 96-104 , adopted on March 26, 1996 , and the grantee consents to the recordation thereof by its duly authorized officer. .I DATED : March 29, 1996 By: &&ku &-Q- ALETHA L. RAUTENKWZ, City] Clerk e. :l,T& C'CONITINEN@AL LAWYERS TITL ImCOMPANY Subsidiary of Lawyers Title Insura~=e Corporaticar IscRa4 l3lsImmIrn 1: w LAWYERS TITLE COMPANY 4542 Ruffner Street, Suite 200 San Diego, CA 92111 (619) 278-4174 FFX (619) 279-7538 , : Escraw Of ficer-Toni Mitchell E3mx.w No.: 952934M Date: March 1, 1996 Paid outside of Escraw ... .$ Cash~EscrOw ....... $ 300,000.00 EhambraM=e of record ..... $ - of record .....$ New b ........... $ New - ........... $ New exlcu&r- ........... $ New - ........... $ "AL CXNSIDERATICN $ 3m,000.00 )n ar before MARM 29, 1996, we will hand yau the full cash purchase price of $300,000.00, llus other funds and documents that may be required, hi& yau will deliver when yau obtain a Grant lked to the Vestee(s) named herein and &en pu can issue yaur usual standard form CLTA Owners policy of title insurance dth a liability in the amaunt of $ 300,000.00 c3-l pmperty described as follows: mLETE LEGAL DESQIIPTION SET FCRTH IN -BIT "A", Ah'ACIED HERETO AND MADE A PART EREDF. ?ROPERIT ADDRESS- (unverified) : 1pN 212-081-10, 12, 16 & 18 Carlsbad, CA 92008 ;hawing title vested in: rHE CITY OF CARLSE?AD, a municipal corporation ?REE OF - FXCEPT: XJRREKT 7 General and Special Taxes far the fiscal year 1995-1996, including >ersondl praperty taxes, if 'any, and special District Levies, payme4l-t of whi& is included xnd collected therewith, and the lien of supplemepltal MIS IS AN ALL, WH -ION AND TlEFE WILL BE NO OTHER LIENS AFFMTTXNG SUBJECT .%h& TOPE!RTY AT THE CLOSE OF m. iSCE?CM HOLDER IS INSTRUCTED NOT TO AFFIX TRANSFER TAX TO = aNvEyANcE DEED AT THE CLOSE IF m, AS THE CITY OF CNUSBAD IS EXEMPT FROM SAID TAX. ritle to property skill be subject only to those matters set forth on schedule B of the ?nSLiminary Report issued by continental Lawyers Title Ccmpany, dated February 26, 1996, 3t 7:30 a.m., Items No. 1 (all taxes to be paid at the close of escraw), 8, 9, 10, 11, 12, L3, 14, 15, 16, 17, and 20r /j@ M (jT((". J J """"_ """""""""" !Initid w Initid <OM """"""""""""""""- , .*. i .. c LPjy-y L &&$ c v ,f---rq :'<;; 3 > Ld ;e$ b.2 E P9: hd e\&, :2 :A,. ; .'.;9; ---.-I \t* * .." 0 a ""ANY EscRm INsmkrIm (oontinued) Escraw No.: 952934M Date: 03/01/96 - MAKE~AND~~TI~OF~~HEREINAI;TERcHw(EDAsOFcII3sEOF~ [X] T'axes,~ttaxeson"not"this"~ current year's taxes, )bowE?ver in the event the exmw closes after July 1 and before curreplt taxes are publicly posted and published you are ' topraratethetaxes furnish you nth an amunt mtually agreed to, which sun shall be used as the basis for said proration. [ ] mterest cm deed of trust of record based m Stat5mnt furnisbEd yau by the bene- ficiary. mat is mnre or less than the amrxnzt ShrXlJn above, adjust diff- accMdingly in: THE SEXDND 1/2 OF THE 1995-96 REAL PROF"Y TAXES WILL BE PPJD BASED ON A PRORATED BILLING TO BE OBTAINED FROM THE SAN DIMK) COUNTY TAX COLLECIDR AT THE CUXE OF EscRow AND WILL m THE PERIOD FROM 1/1/96 TO CLOSE OF ESCFOW DATE. based upcm p imnediately preoeding year's taxes unless-es to the escrow [ ] If the unpaid balance of the loan of reaord to EIIEI&I as shum on beneficiary state- [ 1 ~talSbased~S"thanded~bysellerandapPravedby~. [ ] Security deposits, cleaning fees and advanu= rents as shcxm on rental sta-t are [ I ~?remirnns on fire inmmnce policies handed you, des buyer at 'his option seanes new [ ] Ikmeawner's association fees. [ 1 FHA Mortgage Wance E?remium. [I ~nyimpaLnadsshumon~ficiarys~~t~tobe~to~~~reditedt0 tobe~tosellerandcreditedtobuyer. -age and advises escrm-holder acmrdingly. Sella. RDDITIONAL IXXlUECIW : ZSCFCW AGENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THIS PARAGRAPH. m, 1s oFFIcEi?s, mm- AND AGENTS, SHMLL HAVE "IE RIm To ETJTER THE PROPERLY AT LLL REASONABLE TIMES DUFCCNGTHE TEEM OF THIS EEXXOW, FOR THE PURFOSE OF PERFoEFulING ;uRvEys, ENVIR0N"A.L FssEssMENTs, FIELD INSP~IONS AND PLANNING. IDDENDUG A, B AND C, AWACHED HERETO AND MADE A PART HERMIF, ARE MAm OF AGFEEWWT iETwEEN SEIlLER AND BUYER AND IMPOSE NO DUTIES ON ESCFKXJ HOLDER, ""-"" &""-~zz-3T~ J J Initial """""""""""""""" , _I .. 0 0 COMPANY !scRm llsTRmmm (mtinlled) Esc=row No.: 952934M Date: 03/01/96 ~a"paYbuYerrs", W ALL SELLER'S CHAIiGEs AT THE CUEE OF FSCRCW. SEIl;ER TO INCUR NO COST IN THIS JWWSACTION. ~OFTHETWMS,ooMlITIoNsAM)PROVISI~AS~FoElTH~THEA~GENERAtmEovISIQNS W APPR#ED, AM=EpIp), AM) aMXRRED IN EW THE PAKI'IES WHSE SICNATUFtES APPEAR BELCXJ. 3uyER(S) : THE CITY OF CARLSBAD, a municipal corporation ADDRESS: c/o Attorney 3Y: -: -Resid-/ -Work rhe foxqoing terms, ooamditions and instIxlcti- are hereby m in, approved uad accepted. I will hand yau all the ins-- and mney necessary of me to dle you to amply thenwith whi& you aie authorized to use and/or deliver &en p~ hold in this escmw for my account the, funds, pmrata adjustments and instn~ - rents deliverable to nne under these imtmcti-. I agree to pay ywr usual escrow ~ss~zra~3e of title, beneficiary s-tenent(s) and/or denands(s) tqether with any "ts necessary to place title in condition called for. Indicate on deed ~,~t~~~buyeragree~paY,myreoordiragf~,~f~ 30.00 doamlenm transfer tax and charge my acaxmt therefor. ELIER(S): Carlsbad Airport Centre, a California limited p ' .ship BY:, weyerhaeuser venture c~mpany, a ~evada Corporation - Its Liquidating Limited Partner and Attorney-in-Fact ~e~cLm-+" ADDRFS: C/O A"Y a/S/S~~~~~NltBLV~.,~3)0 3y: L. urtv / " W/'Epngs%2&M 05% ~QRRAWSJ G#. qWi3 -: C3/0) sq3-%6/" A=&w%- _/ BY:, weyerhaeuser venture c~mpany, a ~evada Corporation - /e&- ~ ,fiItsMiiquidating Limited Partner and Attorney-in-Fact 3y: L. urtv 055 l ~ -A Qq,#..I ~"wsr..-,"r".- "". 2 "-" W/fifP/2gS%2&M ~QRRAWSJ G#. qWi3 ~I 3-%6/" A=&w%- _/ CLs.n/7vv- v - I 3y: SrEPItS-hl A44 - RGo&) EXELMTI us k% %naSrD&T .. L a Gmmm mmmm In a" with Sect5 18805 and 26131 of Revenue and 9 axation W, a buyer my be required to withbld an amunt qual. to 3-1/3 of the sales price in the - of'a disposition of California real praperty in- by either: 1. A seller who is an individual with a last lnmwn street address outside of California m when the di-t instructions authrize the proceeds be sent to a finamid intemediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. Hcrwever, notwi- any other pravisim included in the California statutes referenced above, rn buyer will be required to withbld any mt or be subject to pmalty for failure to witldmld if: 1. The sales price of the California real property cmvqed dces not exceed me hundred thn;lsand dollars ($100,000.00), OR 2. The seller executes a written certificate under the penalty of perjury, certifying that the seller is a resident of California or if a corporation, has a permanent place of business in California, OR 3. The seller, wb is an individual, executes a wri-tten Oertifica-, under the penalty of perjury, that the California real pr0Pert;y king cone is the seller's principal residence (as defined in Section 1034 of the InterndL Revenue Ccde). W seller is subject to penalty for kmwingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes refexem& above mude provisions which authorize the Franchise basis. Euyer is hereby notified that the prwisions of California Revenue and Taxation code Section 18805 and 26131 are applicable to certain sales of California real estate by non- resident sellers. Buyer understands that in no event will escrow holder um%rtake to advise buyer and/or buyer's representative on the possible application of the above code sections to this specific -on. Unless .expressly instructed by the seller d buyer herein, b~yer understands the escrow holder will not asskst in obtaining a waiver from withbldjng from the FYanchise Tax Board (FIB) in the event that withholding is otherwise required in this transaction, nor undertake to withbld and remit funds to the FTB in tM mt no waiw is obtained. Should buyer and seller herein direct escrow holder to tnndertake any activities pursuant to the withholding provisions in California law, buyer agrees to cooperate fully in.pmvidiq necessary information and to inlemnify and escrow holder harmless in the aTent of noncxmpliarx=e resulting frcm information supplied by eitlx~ buyer and/or seller.' For additional information cancernirag the withholdhx~ provisions under the code sections referenced above, please mtact the FTB-Withhold at Saurce Unit (916) 369-4000, P. 0. Box 651, Sacramento, California T~x Board to grant reduced Withbl- and waivers from WithhoMinCJ on a CaSe-by-caSe 95812-0651. , guYer is hereby notified that FUipTA (Foreign Investments in Real property Tax, Internal Revenue Code 1445) and California Revenue and Taxation code Sections 18805(a) and (d) are applicable to certain sales of United States and California real estate by m- residence u. S. aliens. Escrcrw holder is released fm' any liability, obligation or reSpansibi1i-Q with respect to said code Sections, imluding, but not limited to (a) withholding of funds, (b) advising the parties as to the requirements of said sections, (c) de- whether transferrer (seller) is a foreign persan or entiq and (d) obtaining a nonfo&gn affidavit. Funds repnitted to this escrow are subject to availability requirements imposed by California Insurance code Section 12413.1 (Chapter 598, Statutes of 1989). Wire transfers are accorded sqre day availability. Cashier's, certified or teller's checks are generally ard& wxt. day availability. Deposit of funds other than the above will be subject to a longer clearance period and may delay the closing of this escsow. prior to the close of escrow, buyer shall cause to be handed - lmlder a fully cunpleted and executed "Preliminary CTmqe of Owmrship Report'" pursuant to the requirepnents Of and in accordance With S3Ction 480.3 Of the Reven- and Taxation code, State of California. If buyer so chooses, buyer may elect not to anple- and execute said form prior to the close of escrow. In such an event buyer is aware that a -$20.00 charge will be asSeSsed by the Caunty Recorder' s office and escrow hold= will charge the account of the buyer a~~~rdingly. Escraw holder's sole duty shall be the delivery of said form to t2~ County Recarder at the time of recordation of transfer d"&. Ehy" is aware of the passage of Senate Bill 813 regarding supplemental property tax bills as a result of any change in ownaxhip or new construction. %inning July 1, 1983, property which charages clwnership or is newly constructed will be remdued at the time of transfer occur^ or the cans-hruc;tian is cmple-kd. The net change in due will result in a supplenental assessment. 9s supplerental twes will bs assessed frcm th Gate of change of owI1.ieTship or construction crnpletion to the end of the tax year. If you have any q"0n.s - this supplementdl tax, piease "tact -kk office of the county Assessor in the county in which the property is located. seller agrees to furnish escrow holder sufficient service for the sale of the praperty information and the filing thereof is required under January 1, 1987. rw: /w I /=" GENERAL pRI)vISIONs am-, including esam savings accounts of CONTINIXlXL LAWYERS TITIE CXXWANY with a State or National Bank authorized to do business in the State of California. All dis- bursements ~hall'be made by chec3~ of - LAWYERS TITLE OOMPANY. he principals to this escrm~ are hereby notified that the funds deposit& herein are insured only to the limit pmided by the Federal Deposit Insmame Corporation. .- You are authorized to prepare, obtain, record and deliver the neoessary hstmments to carry out the terms and dtions of this esamw and to order to be issued at close of esczrm the policy of title insuraM=e as called for in these instructions. Close of esc;cow shall mean the date "ts are reoorded. All adjustments and prorations shall be made on the basis of a 30-day nth. AS my agent, you are - to assign any fixe and casualty insurance policy delivered to you and to secure any end0rsemsn-b required in the performance of these instructions. You may assume that said policy is in full force and effect and that all premiums due have been paid. You are not to be held accountable or liable for the sufficiemy or cormztness as to form, manner of execution, or validity of any instxumnt deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Your duties here- under shall be limited to the praper handling of such m>ngr and the praper safekeeping of such instruments, or other documents received by you as m Holder, and for the dispo- sition of same in accordance with the written instructions accepted by you in this escrow. You shall have no respnsibility of notifying me. or any of the parties to this escrow of any sale, resale, loan, exchaqe or other transaction involving any property herein des- cribed or of any profit realized by any persan, firm or Corporation in connection there- with, regardless of -the fact that such transact.ion(s) may be handled by you in this es- crow or in anom escrow. No notice, demand or dxqe of instructions shall be of any effect in this escrow unless given in writing by all parties affected thereby. In the event a demand for the funds on deposit in this escrow is made, not concmrd in by all parties &to, the Escrow Holder, regardless of who made demard therefor, may elect to do any of the following: (i) After thirty days fm the date Esc=row Holder was first notified that the esc=cow is to be cancelled and/or demand for funds was made, absent mutually cnrcmring instructions providing for payment of funds and the disposition to be made of this escrow, the Escraw Holder may return all funds and documents to the parties depositing same, and without liability therefor. (ii) Wiwld and stop all further proceeding in, and wformance of this escrow perding a resolution of any conflict by and bebeen the parties hereto. (iii) File a suit in interpleader and obtain an order frcm the court allowing Escraw Holder to depsit funds and documents in court and have no further liability kreunder. (iv) Deposit the funds with the court in the event either party files an action against the other party to this escrow to determine which party is entitled to said funds. If the conditions of this escrow have not been cartplied with at the time herein provided, you are nemrttdess to ccmplete the same as soon as the"C0nditians (exoept as to time) have been omplied with, unless I shall have made written demand upn you for the return of my and insb-uments deposited by me. All parties hereto agree, jointly and severally, to pay on demand, as well to irfimnify and hold you harmless from and against all costs, damages, judgments, attorney's fees, -, obligations and liabilities of any kind or nature wfiich, in good faith, you may incur or sustain in eon with this escraw, except those acts due to the negligence or breach of the escrm~ iqstructions by the Escraw Holder. You are authorized to furnish copies of these instructions, any supplements or amendments thereto, notices of cancellation and closing statements to the real estate broker( s ) and lender(s) named in this escrow. These instructions may be executed in m-, each of which so executed, shall, All funds received in this L-lbedepositedina & escrow account or irrespective of the date of its execution and delivery be deemed original, and said counterpar& together shall constitute one and the same instsument. These instructions shall beccme effective as an escrow only upan the delivery thereof to the Escrow Holder signed by all parties thereto. Any funds abandm or Ix%dnbg unclaimed, after good faith efforts have been made by the Escraw Holder to return same to the party(ies) entitled thereto, shall be assessed a holding fee of $50.00 annually. After three years the amount, thereafter remaining un- claimed may escheat to the State of California. All documents, closing sta-bnents, and balances due the parties to this escrow are to be mailed by ordinary mail to said parties at the addresses shown apposite their signatures, unless othexwise instructed. In the event parties hereto utilize facshile transmitted si- instructions/dccummts, mies hereby agree to accept and hereby instruct the Escrow Holder to rely upon such instructions/documents as if t- bz cxiginal siwtias. Parties a&mwkdge & a- gree to provide to the Escraw Holder the instructions/documents bearing origindl signa- tures within 72 hours of transmission of the facsimile. Parties understam3 that any early &ease of funds from escrow will not occur until Escrow Holder has received originally signed ins~ions. Parties further urdierstand that facsimile signed dm- mts will not be accepted for recordation. mINE;NTAL LAwMis TITLE COMPANY IS LICEN'SED To ACT Fs AN UNDERWRITTEN TITLE CCPlRWY BY "E DEF" OF INSURANCE, STATE OF cAI;IFoRNIA. Initial Initial Initial 1% Initial /<.- . (AVE\WVC\ARRUTHMDDENDUM.A) e 0 (12/28/95) [ADDENDUM A] With’ respect to each such inspection, assessment or survey, Buyer agrees to satisfy the following conditions and requirements: (1) Seller shall have received prior notice of the names of the persons who will enter the Property, the approximate time of their entry and approximate duration of their stay and the nature of their activities thereat, together with a representation in writing from Buyer that Buyer has confirmed the existence of adequate public liability and other insurance covering all risks arising out of such entry. (2) Such entry and inspection shall not damage the Property in any respect and shall be subject to and conducted in such a manner as to minimize interference with the operations on and occupancy of adjacent properties. (3) Buyer shall promptly restore the Property to its condition prior to such inspection and obtain all receipts, releases, waivers, discharges and assurances and perform all other acts necessary to keep the Property free from mechanics’ and materialmen’s liens and all other claims arising out of such inspection. (4) Buyer shall deliver to Seller within three (3) business days after request by Seller, without charge therefor, copies of any and all reports, test results or studies made for Buyer, but not including any internal reports or studies made by Buyer or any confidential reports made by Buyer’s attorneys. (5) Buyer shall indemnify and hold Seller harmless from and against any claim, action, cause of action, demand, liability, obligation, loss, cost, damage or expense (including actual attorneys’ fees and costs) which may arise or which Seller may sustain or incur by reason of or in connection with any such inspection or entry. / . - (SW\W”\ARRUTH\ADDENDUM.B) e e (12/28/95) . [ADDENDUM B] The Property is being acquired by the City under threat of condemnation for public use. 4 / I&):;A~ WEWE . * (SWWTARRUTI€!AJlDENDUM.C) e [ADDENDUM C] 0 (12/28/95) Buyer hereby represents and warrants that it has agreed to pay no broker’s fee, finder’s fee, commission or other similar compensation in connection herewith and Buyer has not acted through any broker or finder who could claim any such other or additional compensation, and Buyer further agrees to indemnify and hold Seller harmless from and against all damag’es, liabilities, costs, expenses and losses (including, without limitation, reasonable attorneys’ fees and costs) which Seller may sustain or incur by reason of any action for any such fee or compensation, other than claims based upon dealings wlely with Seller. Seller hereby represents and warrants that it has agreed to pay no broker’s fee, finder’s fee, commission or other similar compensation in connection herewith and Seller has not acted through any broker or finder who could claim any such other or additional compensation, and Seller further agrees to indemnify and hold Buyer harmless from and against all damages, liabilities, costs, expenses and losses (including, without limitation, reasonable attorneys’ fees and costs) which Buyer may sustain or incur by reason of any claim for any such fee or compensation, other than claims based upon dealings solely with Buyer. Each party shall, at the request of the other, execute, acknowledge (if appropriate) and deliver whatever additional documents and do such other acts as may be reasonably required in order to accomplish the intent and purposes of this Agreement. l%iTj$i WEWE . I' 0 0 EXHIBIT A (LEZlL DESCRIPTION) % ttwer parceltt and L&S 61, 74 and 76, jnclusive of Carlsbad Tract No. 81-46, Unit No. 3, in the City of Carlsbad, county of San Diego, State of Tcalifornia, acmrding to Map wf No. 11289, filed in the Office of the bunty Rfxxzdek of San Diego county. l3ceptix-q Wfran 50% of all oil, mineral, gas and other hydrocarban substances belaw a depth of 500 feet der the real property described herein, withmt the right of surface entry, as reserved by Carlsbad praperties, a ep, in a deed recorded July 5, 1978 as File/Page No. 78-279136 of Official Records. // g:'cT$'::.j .rY; il(c L;T~c@~ 3.l45,.