HomeMy WebLinkAbout; |NEWPORT SHORES BUILDERS|RANCHO LA COSTA|; 86-264605; Irrevocable Offer of Dedication IOD!*i
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Recordinq rc>-iiiested by
«•' iicor Txtle .surance Company of Calif j\ 17K.A ^ P r> /•»
» After reco::r: * 1Cv mail to: ' 1 »!>0 _ «•' O - J 6 4 g 0
State Coas-;,, . O--.servancy j ~ • . . . - , ,.---
1330 Broadway Si..: te 1100 ! ,.nV, ''' ; :' ' '
Oaklp-id, Calif. 94612 /f&Jffjf ' '
attn. OFFER TO DEDICATE PUBLIC ACCESS EASElffifrrgX 27 /.!! [j: {,7
Labial] Counsel I V'Ffi ' I i vi
J 112 :> 1 i> 8 L_£?L •' * ^ r: £ CORD!
V-.V THIS ". vTSR OF DEDICATION is made this 30th day of
May, 1980, by Rancho La Costa and Newport Shores Builders,
a corporat-on, hereinafter referred to as "Offerror", to
the City of Carlsbad, County of San Diego and the State
of California, for purposes of granting a non-exclusive
easement in gross for public use over all portions of
Parcel 2 as described in Exhibit 2 ?ttached hereto for
hiking and other passive, non-motorized recreational uses
hereinafter specified, upon the conditions set forth be-
low, if such offer has not been accepted within ten (10)
years of the date of recording of the offer, the parcel
ile. cribed hereinafter shall be conveyed within eleven
(11) years of the date of recording of the offer, in fee
title to tr.e State of California. The terra "offerer" as
used herein shall inclvie San-ho La Costa and any \nd
all of its successors in interest, to the property. This
Declaration is made for the benefit of the City of Carlsbad,
County or San Oiego and Sfat* of California. Th* t«rrn
and conditions cf the offer are as follows:
1. this offer of dedication is th» second nh.ase of
a grant of public use rights intended to carry out the pro-
vision* of a Settlerent Agreemunt concluded on M»y^-T^_,
1980 bef.-'t'«n Sancho La Costa and the California Coastil
Commission attached hereto as Exhibit "1*.
2. The offer ;,f dedication of an access «*-,?r»»-it to
the City of Carlsbad, county of San Siege and State cf
California may only b«* *ee«pt»<1 by the public en-vfy ir
agency, which •Inuirar^ously with »uch tcceptan^", *•>•»*.-u»--»<*
»n *gi«»r«.»utL w.th of!>rr>r, or itt »accetsor» or ">
the case :-,ay »*, by vi.i>-h agr««fr.«nt the acceptl." i
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ill
II COPY
' 1* *W«*3 , * 1 '„ .
1751
agency or association agrees to accent full responsibility
for the maintenance and upkeep of the easement, including
but not '..incite I to tr.e removal of all trash and debris
left on th« property or adjacent thereto, by persons using
the easemen-, ana to assurae ail liability for any injury
to persons using said access easement.
3. This offer of dedication of access easements shall
remain open *or a periof of ten (10) years frora the date
thereof. In the event that none of the three public entities
enumerate.; in Par-graph "!' accepts the offer of sccess
easement, the area described in Paragraph "4" shall be
conveyed \n *••» to the State of California: the only con-
ditions of said conveyance shall be a limitation of use
oy the pub.ic to pedestrian uses such as hiking and pic-
nicking 3i-..; a prohibition on use by the public of motorized
vehicles or equestrian uses >jxc«pt as may be necessary for
emergencies or maintenance activities, and the re-TVAticn
of rights as *et forth in Paragraph ""!" below.
4. This offer of dedication is for nil portions of
Parcel 2 .'escribed in "rhe attached grant of cpen -.p^c^
easement.
5. Duration ar-.c Terming-icn. The rights rrr=ntcd
herein shall be of perpetual duration. For purpc^ps of
determining compensation to b« paid by reason of the taking
or condemning of all or a portion of th* Property for pub-
lic use, the portion of or interest in thi Property *o re
»o taxen shall be valued »» though this offer cf vl..«<« i -it ion
had never been tnad«.
and Atsigns .The tf
covenant* *nd condition* ,-cntAined in thit offer of -i«*dica-
tion shall be bindinq upon and ;nur« to the benefit of the
•uccesscrs and assiur.s oi -jrantor and Grantees, ny the
acceptance of a deed .;f conveyance, each grantee or transferee
. 1752
of C«<-l*rant with respect to the Project, accents the
property i ibjeot to all existing easements, covenants,
conditions ind rescructions herein, running with the land,
and shall r. in-i ir.y person having at any time any interest
c- * • Late in t.'-.» Project, and shall inure to the benefit
-.e City of Carlsbad, County of San Diego and State of
-forr.ia in like manner as though the provisions of
tnis Declaration were s<?-. forth in full in each deed of
conveyance.
7. :ftsrrcr specifically reseir/es to itself, its
successors ar, I sssijr.s the right to construct and use roads
or .".ighways " - orr. tl Caanino Real over Parcel 2, to provide
necessary access to offerer's remaining property provided
that all r.e-essary governmental authority for such con-
struction -i~.d use shall first be obtained.
DEC LA:-,-.SIT HAS s:<Ecvrr.D THIS DECLARATION on the date
set forth .lijova.
RANCHO LA COSTA,
a limited partnership
General Partner
NEWPORT SHORES BUILDERS,
a corporation
f Doriy»f<) p. Ay re*. Jr.
e<*r
4'
I 1753
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On Kay ?0, 1980 before me, the undersigned, a Notary
Public In and for said State, personally appeared DONALD B. AYRES, SR.
known to me to be the person that executed the within instrument as one of
the General partner(s) , on behalf of RANCHO LA COSTA ,
the partnership therein named and acknowledged to me that the partnership executed
it.
WITNESS my hand and official seal.
8ETTY
OFFICIAL SF-M.
BEPTY L. f-v.STfc.'ii - ( r , •'..;, i .'":U
PRir.C.J'AL t" rXL IN
OKANUt COUMY
My Commttilon Ei(»rr.» Nov. 25, S9S
STATE OF CALIFORNIA )
COUNTY OF ORANGt )
On
*
*!f2_l£i_12" _ __ __ • before >"*» the undersigned, a Notary
tubtic In and for said State, personally appeared DONALD 8. AYPTS. JP. and
Instrument as th«_
SHOWS
_, known to me to be the persons who executed th<? within
President ind ---•. Secretary, on bc-holf of
. the corporation therein named, and acknowledged
torn* that iuch <orpor»t!on executed the within Instrument pursuant tr> It* by-law*
or a resolution of its board of directors.
WITNESS my hand and official seal.
BETTY
; E" -. I EMEr T AGREEMENT
WHEREAS Rancho La Cosua, a lir.ited partnership, (here-
inafter called Rancho) sought to convey itr fee interest in
yParcel 1 as described in Exhibit A attached hereto, and
incorporatec h«-r»in by reference, tc Newport Shores, a
corporation; and.
WHEREAS, the California Coastal Zone Conservation
Commission (hereinafter called Coronission) was charged with
certain duties and responsibilities relative to the Coastal
Zone Conservation Act of 1972 of the State of California;
and
WHEREAS, the Ccrarission informed the City of Carlsbad
and Pancho O,,it thp •«!•» of Parcel 1 would require « permit
from Comr.i ssicn; and
W/!XP:::AS , Rancho contended that no permit wa« .required
since no part of Parcel 1 was in the permit area although a
porr.ion of its remainder property was in th« permit area;
and
WHEREAS, Rancho elected to assert th« lack of Juris-
diction of Commission by filing a request for a permit to
•«11 Parcel 1 but rontending that Commission lacked juris-
diction; and
WHEREAS, Cotmtission by vote det«rwin«d that it hnd
jurisdiction and then denied the permit applied for by
Rancho; and
WHEREAS, Rancho thereafter filed an action against
Commission in San Die^jo superior Court, being Case No.
KSOC2, i««*ing a Writ of Prohibition and Mandate; and
tr.lERE.ns, said Court in said case granted a Writ of
Prohibition and Mandate after finding that any property
including Parcel 1, which is entirely outside the perr.it
*!•• as «*tablish*d by the aforesaid Coastal Act, could be
sold with ;t Rancho securing a permit fro» Commission; and
•e
OrO
1
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C 1755
WHEREA.", Ccn-r-^.ssicn appealed said judgment to the Court
of Appeal ro'-rth Appellate District, Case No. 4 Civil 16009
and stid arp =il is currently pending; and
WHEREAS, the boundaries of the permit jurisdiction
were, pursuant to the California Coastal Act of 1976 (here-
inafter referred to as tha Coastal Act of 1976), modified
to include the property referred to as Parcel 1; and
WHERE*.::, development activities had commenced on Par-
cel 1 prior to January 1, 1977, which development activities
the purchaser from Ranchc desires to have completed; and
WHERE?", the "slifornia Coastal Commission, as the
successor i", interest to the California Coastal Zone Con-
servation nrr.:ssion pursuant to the provisions of Public
Resources Code Section 30331, desires to protect the coastal
resources in *K* vicinity of th* development activity while
at the same tir*» net unnecessarily delaying the completion
of deve lor-sent activities prev5 Misly commenced; and
WHERTAS, the Consiu*5ion contends that Batiquitos Lagoon
is one cf the major coastal resources of San Diego County
and that t! a Commission, pursuant to Public Resources Code
Section 30:40(*), is required to protect enviromentally
sensitive habitat areas "against any significant disruption
of habitat values"; and
WHEREAS, the Conr.ission contends that the conrletion of
development activities on Parcel 1 requires the creation of
a butter area along the shoreline of Batiquitos Lagoon nearest
the development on P.ircfl lj and
WHEREAS, the CowniRSion contends that control led public
access for scientific, educational and recreational us^n con-
listent with the protection of vildlife habitat values is
requxr«d by the Coastal Act of 1976j and
WHrnnAS, all the r>*rti*» h«r«to desire to ent«r Into
this <scr.<M-.>ent f,-r the final s*ttl*m*nt of t>,« per'linq1 litl-
0
.4 ,
•A, <
gation referred to hereinabove as set forth in this Agree-
ment, subject to the approval and concurrence to this
Agreement by all the Parties, and subject to compliance with
all applicable laws and regulations.
NOW, THEREFORE, ".in consideration of the premises, mutual
covenants, and obligations of the Parties hereto, Rancho and
the California Coastal Commission hereby covenant and agree
with the other as follows:
ARTICLE 1
LITIGATION
This Settlement Agreement is a final settlement .-vnd
stipulation by the Parties regarding the litigation in the
Court of Appeal of the State of California, Appellate Dis-
trict, Case 4 Civil 16C09. Simultaneously with the execu-
tion of this Agreement and the recording of the grant of
open spar-- *-as»ment ar.-l offer of dedication as described in
Article III, the California Coastal Commission shall execute
and file a Notice of Dismissal of Appeal with said Court of
Appeal. This Agreement shall be binding upon and inure to
the benefit of any and all successors and assigns of Grantor
and Grantees.
ARTICLE II
DEVELQPKENT UPON PARCEL 1
Rancho and its grantees, lessees, past, present or future
developers, contractors, or other public or private assignees,
transferees and/or suceetsors-in-interast, having acquired a
vested right herein, shall not be required to fulfill the per-
mit requirements of the Coastal Act of 1976 with respect to
the development (which includes but is not limited to physical
construction of residential structures and tract map) on Par-
cel 1, which was outsi-!e the permit area as established in
the California Coastal Zone Conservation Jet of 1972 that has
previously b*«n sold and conveyed by Rancho.
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17f>7
ARTICLE III
A.
Rancho shall qrar.t an open space easement for
l^ght and a.r, precluding any change in land forms, free and
clear cf any liens, except tax liens, over the property
located vc«s\ of El Canine Real, north of the edge of the
Batiquitos lagoor shoreline and south of the proposed ex-
tension cf Arenal Road, and which is shovm a: Parcel 2 on
Exhibit A and located as described on Exhibit B. The Grant
of Open Space Easenent shall be as set forth in Exhibit C /
and shall be in favor of the County of San Diego and the
State of California, through the State Lands Commission or
the California Coastal Conservancy, whichever first accepts
the g~ a n *„ .
B. r>e dijrjat i on o f B u f f a r Ar e a
Jts.-.cho shall make a recorded Offer to D^iicate
public ac-ess easements over Parcel 2 at shown on Exhibit
A and locsted as described on Exhibit B, free and cl'vir of
any liens, except tax liens, to the City of Carlsbad, the
County of San Diego or the S*ate of California whichever
is willing to accept maintenance and insurance obligations
for such access ••••nent. Dedication shall take place upon
acceptance of th« offer. The Offer of Dedication shall b«
as set forth in Exhibit D. If such offer has not born
accepted within 10 years of th« date of settlement, the
said Parcel 2 shall be conveyed in fee to the State of
California subject to reservation of rights as set forth
in paragraph ^ of Exhibit D. ^
Public ac"«»« by reason of this public ncc«*«s
«a*«ra*nt *hall b* limited to p*d««trJ*n uses (•.q. hiving
and picnicking) and shnil not include us* by mot-orired
vehicles or equestrian uses except as may b* neccnsary
fox «ia*r''*neie» or maintenance activities.
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v\^.i
i. 1758
C . £ »~c rj in ^ of _?r-••••-. _Ppaee_ EaseitHent and Offer of
; • 'ITeatlc'n "' ~"
The Grant of Open Space Easement and Offer of
D«cSic«tic:; described in A and B above shall be recorded
in the San Diego County recorder's Office.
Dated: May 2_9, 'l950
CALIFORNIA COASTAL COMMISSION
as successor i\n interest to the
ZONE COMMISSION
By:
Michael L. F1scherv-K*ecut1 ve Director
RANCHO L." COSTA, • limited partner-
ship
By: . . , .Donald BV Ayres,General Partner
1759
•if 2''
PARCEL 1
Lots 1 through 329 of Carlsbad Tract 72-34 (Rancho La Cuesta) Units
1 through 4 in City of Carlsbad, County of San Diego, State of California.
According to Haps thereof Nos. 8350-8353 inclusive as recorded in the
Office of the County Recorder of San Diego County dated July 28, 1976.
(Contains 109 Acres, more or less)
PASCEL 2
That port-ion of Lot 3 of said Section 35 that is northerly of the
easrerly prolongation of the northerly line adjoining the northeasterly
corner of Lot 12 of said Section 35;
And that is westerly of Road Survey No. 1800-1 described in Deed
to the County of San Diego recorded November 28, 1969 as Document No.
217326, Official Records of said San Diego County:
And that is southerly of the following described line:
Commencing at the rest southeasterly corner of Carlsbad Tract 72-34
according to Map thereof No. 8?53 filed in the Office of the Recorder of
said San Diego County)
Thence South 20' 01' 19" west along the westerly line of El Camino Real
right-of-way recorded as Road Survey Map No. 682, November 21, 1959 as
file No. 217326, Official Records of said San Diego County, a distance
of 405.30 feet;
Thenc* North 71" 32' 54" West a distance of 258.85 feet to a point cf
tangency with a b58 foot radivn curve concave southerly;
Thence westerly along the arc of said curve thru a central angle of
40" 28' 11" for a distance of 394.13 feet, more or less, to the easterly
lin« of th« rorthwest quarter of said Section 35.
(Contains 10.049 Acres, more or less)
• et
***1 fto24
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1761
EXHIBIT C
"An OF OFrr? STAGE EASEMENT
THIS iAAJiT C' EASEMTKT is rsade this 30th day of May,
IS80, by Rar.c-o La Costa, a limited partnership, ar.d New-
port Shores Builders, a corporation, hereinafter called
"Grantoj." to the California Coastal Conservancy and the
State Lands Commission both agencies of the State of
California, ar.d to the County of San Diego whichever
first accepts this Grant, hereinafter called "Grantees".
WH£;.ZAS, Grantor is the owner and possessor of thit
certain re si property described on Exhibit 1 attached
hereto, {hereinafter called the "Property");
WHEREAS, Grantor and Grantees desire to conserve and
enhance for the public benefit: the open space and natural
resource qualities cf the property; public access through
the property for hiking and walking purposes; and the other
public benefits jet forth in the document titled "Settlement
Agreement" between California Coastal Commission and P.ancho
La Costa, executed on May 28, 1980, and attached hereto
as Exhibit 2;
WHEK£AS, Grantor and Grant*es de»ir« to maintain the
prop«rty as open spa "e until such time as the public access
casements ar« dedicated to a public entity or convnyed in
f*« to the Stat« of California;
WHEREAS, Grant*** dcsir* tc assura that said Property
will be dedicated in accordance with th« provisions of the
Sottl«s*nc Agr««»ent, attached hereto as Txhibit 2;
NOW, THEREFORE, Grantor does hereby grant and convey
to Grantees an open »p*c« «as*rr.«»nt for light and air cv^r
th« Prot>*;ty, which ««-»«m«nt shall hava tha scoj* and h«»
•object to tha llnitations hereinafter »«t forth:
t*1
!*'
1762
1. Scope of £asr:~ar-.t. The Easement herein granted
conveys to Grantees for the benefit of the People of the
State of California ar, interest in the Property consisting
of the benefit of the fallowing affirmative and negative
covenants:
(a) No structures of any type shall be con-
structed on the Property other than: (!) underground
utilities which would not in any way alter the natural
resource values of the Property nor interfere with use
of the Property for public access purposes, and (2)
construction of roads or highways to provide necessary
access to Rarcho's remaining property, provided that
any su'-v. development shall first be approved by all
nect'ssa-ry governmental authorities.
;!-•} Grantor covenants and acknowledges that the
grant of this open space easement is the first stace
of an eventual dedication of public access earer.ents
or conveyance to the State of California in fre;
Grantor further covenants to complete an offer of
dedication of said public access easements or convey-
ance to the State within 11 years in accordance with
the paragraph II1(B) of the Settlement Agreement
attached hereto.
2. Duration and Termination. The rights granted
herein shall be of perpetual duration. For purposes of
determining compensation to be paid by reason of the taking
or condemning of all or a portion of the Property for public
use, the portion of or interest in the Property to be so
ta>en shall be valued as though this grant of easer^nt had
never be*n made.
* V> **
Page 2 of EXHIBIT C
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C 1763
3• Rssignr*-r!t, "uccessors and Assigns. The terms,
covenants a:, : conditions contained in this etsement shall
be binding upon and inxire to the benefit of tht successors
ana assigns of "r*:-.tcr and Iran tees.
GFACTOR: RANCHO LA COSTA,
a limited partnership
By:
rfEWPORT SHORES BUILDERS,
a corporation
la*
By:.
Title:
GRANTEES: STATE LANDS COMMISSION
By:
COASTAL CONSERVANCY
BV!
COtn'TY OF SAN DIEGO
By:
P«ga 3 of EXHIBIT C
C 1764
EXHIBIT D
OFFER TO_r""."ATE PCSLIC ACCESS EASEMENTS
THIS OiFER OF DEDICATION is made this 30th day of
.May, 1960, by Rancho La Costa and Newport Shores Builders,
a corporation, hereinafter referred to as "Ofterror", to
the City of CarlsLad, Comity of San Diego and the State
of California, for purposes of granting a non-exclusive
easement in gross for public use over all portions of
Parcel 2 as described in Exhibit 2 attached hereto for
hiking and other passive, non-moteri-ed recreational uses
hereinafter specified, upon the conditions set forth be-
low. If su..ri offer has not been accepted within ten (10)
years of the dete of recording of t_ie offer, tht parcel
described hereinafter shall be conveyed within eleven
(11) jesrs of the date of recording of the offer, in fee
title to the State of California. The term "offfer^r" as
used herein shall include Rancho La Costa and any and
•11 of its successors ir\ interest, to th« proptrty. This
Declaration is nade for the benefit of th« City of Carlsbad,
County of San Diego ar.J State of California. The terns
and condition* of the cffer are as followst
1. This o*f*r of dedication is the second phase of
a grant of public use rights intended to carry out the pro-
visions of a Settlement Agreement concluded on May ,
1980 between Rancho La Costa and the California Constal
Commas ion attached hereto as Exhibit *1".
2. The offer of dedication of an access easement to
the City of Carlsbad, County of San Diego and St«t« of
California may cnly be accepted by the public entity or
agency, which «i»ultancously with such acceptance; «xecutes
an agreement with offerer, or its successors or assigns, as
the case may be, by which agreement the accepting entity
K ,
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C 1765
agency cr association agrees to accept full responsibili*-.y
for the maintenance and upkeep of the easement, including
but not United to the removal of all trash and debris
left on the property or adjacent thereto, by persons using
the easensent, and to assume all liability for any injury
to persons using said access easement.
3. This offer of dedication of access easements shall
renain open for a periof of ten (10) years from the date
thereof. In the event that none of the three public entities
•numerated in Paragraph "1" accepts the offer of access
easement, the area described in Paragraph "4* shall be
conveyed in fee to the State of California; the only con-
ditions of said conveyance shalJ be a limitation of use
by the public to pedestrian uses such as hiking and pic-
nicking «:-.<,; a prohibition on use by the public of motorized
vehicles or equestrian uses except as may b« necessary for
emergencies or aiai.ntenar.ee activities, and the resprvation
of rights as set forth in Paragraph "7" below.
4. This offer of dedication is for all portions of
Parcel 2 described in the attached grant of open space
easement.
5. Du r a t ion and Te ntiination. The right! granted
herein shall be of perpetual duration. For purposm of
determining compensation to b* paid by reason of th* taking
or condemning of all or <• portion of th* Property for pub-
lic use, the portion of or interest in th* Property to be
so ta>en shall b* valued as though this offer of dedication
had never been mad*.
*• ^sstgnwentf Successors and Assigns. Tha terri,
covenants and conditions contained in this offor of dedica-
tion shall b« binding upon and inura to th* benefit of the
Successors ar.J assigns ot Gmntor and Grantees. By the
acceptance tf a de*d of conveyance, each grantee or transferee
|
Page 2 of EXHIBIT D 4 • o
roenu*.en
Ocn
cto^j
-TT * -0 1766
of C^'ls7a:-t wit", ret ect te the Project, accepts the
property subject t-D ail existing easements, covenants,
conditiers sir..,: res: tru_-ti .-as herein, running with the land,
and shall rjir.i any person having at any time any interest
or estate in the Project, and shall inure to the benefit
of the Cif- cf Carlsbad, County of San Diego and State of
California in like manner as though the provisions of
this Declaration were set forth in full in each deed of
conveyance.
1. Offerror specifically reserves to itself, its
successors and assigns the right to construct and use roads
or highways from El Car.ino Real ovsr Parcel 2, to provide
necessary ar-ess to offerer's remaining property provided
that all necessary governmental authority for »uch con-
struction and use shall firrt b« obtained.
DEC1,;-HANT HAS EXECUTED THIS DECLARATION on th« date
set forth above.
I
RANCHO LA COSTA,
a limited partnership
NEWPORT SHORES BUILDERS,
a corporation
_.Title:
'*•'M;Paqc 3 of EXHIBIT D
• o
en ao
i!•I
EXHIBIT E
JOINT ESCROV7 INSTRUCTIONS
Kay , 1980
Title Insurance and Trust Company
Box 1150
San Die;-, Califc: r.ie. 92112
Se:
Ger.t. ":en:
The ur.ie: s: .r.ec Fairies, THE CALIFORNIA COASTAL COMMISSION,
an ag^-.cy : •' the St; -e cf California (hereinafter "Co~-
mission";, an RANCHO LA COSTA, a California partnership
(herei.ia:-.er "Ranch::") hereby deliver to Title Ir.suru.cr anc
Trust C-^-pa-.y the follt-winc docurients *nd instructio-.s
regard I--.;: a final settlement ard stipulation by the Part:°s
hereto of litigation _", the Court of Appeal of th» 3'_,ntc cf
Californ^-', Fourth Aprrllate Districc Case ;<o. 16003. The
f.^nal set»le~ent and rr ip-.:lation by the Parties rc'^rdir.g
said lita ration concerns that certain real property located
in the City of Carlsbad, County of San Diego, State of
Califor .ni.i, more particularly described in Exhibits "A" anrl
"B" attached hereto a-i ' incorporated herein by th_r, r-^f-
er«nc« thereinafter "Property").
EXH1BITE
toen**»eno
01
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1768
The tern "close of escrow" is deeded to be the date of
record'-.ion of the documents referred to in Article I A and
B hereof.
Prior '.
deliver
Trust C
between
AKTICL" I
pocu:ir..'TS
..e clrre 01 escrow, tM undersigned Parties will
or cause to ire delivered ;c Title Insurance and
T.p-ir: y the following documents:
A. Settlf.ner.t Agreement, fully executed by and
•, ;-.o Corjrissi^", ar.d P.ancho.
B. Grn:.t cf 0{ en Space Easement and Offer of
-", fully ex<>;uted by Rancho.
C. Disrr.isial of Appeal to b« filed with Cour:. of
t'j j. • ; i :' i i f , 1 ) '
foi ex •,"'.• ' si; ; ;n ,
ARTICLE II
INSTRUCTIONS
Upon receipt of the & rove-described documents, Title Insur-
ance ar i Trust Company is hereby instructed to ds t.V- fol-
lowing:
A. As • c:-id;.tion to the final rocorc'.«t. ion of
docu.nent« referred tc in Article I A, I B and the filing
with th-» Clerk of the Court of the document referred to in
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1763
Article I C hereof, written confirmation by the Parties of
final mutual approval of the provisions of the I B documents
shall be rec.ived by Title Insurance and Trust Company.
Said written approval by all the Parties hereto is an express
condi-.; ::: to the close cf escrow by Title Insurance and
Trust Co-p=sny.
B. Issue a Preliminary Title Report reflecting
the fact that all Parties possessing any interest in the
Property subject to the above-described Grant cf Open Space
Easercnt , anc Offer cf Dedication including but r.jt limited
to, the record owner, beneficiaries and trustees under any
deeds of ttost, rr.ort .' iges under any and all mortcages and
all cth*r lien hclieis er.cu.r.bering any and all portions of
said Pr-y-crty, shall have jointly executed said GiJir.t cf
Open S\ .ce Las« me :;•- and Offer of Dedication and that all
cxistir, : liens (ethe; tJ.ar. non-delinquent property taxes,
easements, and z:-:ht«;-of-way of record) coveriri.T *r,y portion
of the Property have been subordinated to the ir.tcr^'ts
grantee pursuant to said open Space Easenent and Offer of
Dedication.
C. Issue a binder assuring that TitJr ir.-.v.rancp
and Trust Company «h.ill issue iti standard forn A.L.T.A.
Policy of Title Insurance in favor cf th« Com-ni tis^or. and the
St*te ot California, with liability in the amount of 560,000,
with a provi»ion tor an automatic annual incre»^o propor-
•a
C-}o
fro
1 .
1770
tionate •-
curing t:
Price In-.
(1967=1:
the Bure
r.ent of
May, 15'
in acccr
above, e
the reco
cbtair-
instruc--
Cour.ty •
.:. tve increase, if any, in the cost of living
-.e prececlinc calendar year based upon the "Consumer
.ex - Los Angeles/Long Beach Metropolitan Area
'. ) ,V! 1 Items" (hereinafter "Index"), published by
iu o: Labor Statistics of the United State? Depart-
Tarrr. The Index Kuraber last published prior to
I, shall be the "Base Index Nuiiber," insuring title
dsnce with the terrrs of the Preliminary Title Report.
13. If Title Insurance and Trust Company issues a
.--ry Title ?ep:rt and binder as set forth herein-
-d final nutur. 1 approval as a condition j-rer«?dcnt to
rdation of documents set forth hereinabove is
, trier. Title Insurance and Trust Corrpany is hereby
:• .1 to record with the Count} Recorder for San Diego
.e folio-win? documents:
1. Settlement Agroenent referred to ii
Article- I A
V
I
Dedicat i-
docurrient
and 7rus
Distr.j ss?!
of the t
located
2. Grant of Oper. Space Easement and Offer oi
:T. referred to in Article I B.
3. Simultaneously with the recordation of
a referred to in Article D 1 and 2, 7it!'> Ir-.-.urancf*
t Co»ti,iny is to file the executed Requo-.t for
1 of Appeal Described in Article I C with the Clerk
alifcrnia Cc ;rt cf Appeal, Fourth Appellate Discric'
?>t San r-:e-..-., California.
• e
A3cn rq
izjl
1771
E. In the event Title Insurance and Trust
Company is unable to issue the Preliminary Title Report and
binder as herein set forth, it shall BO notify thr; under-
signed Parties and shall thereupon await further written
joint instructions.
ARTICLE III
COSTS AND EXPENSE OF ESCROW
Rancho agrees to pay all costs of the escrow holder, Title
Insurance and Trust Company, including escrow fees. Pre-
liminary Title Report fees, Title Insurance fees, recorda-
tion tees, if any, and other related costs.
CALIFORNIA CO/
Ry:
RANCHO LA COSTA, a Limited Partnership
By:
MicharTT. FiVcTier, t
_______Donald B7 Ayr*s, c r . , G "ricral Par t n c r
-5-
Lota 1 through 329 of Carlsbad Tract 72-34 (Rancho La Cuesta) Units
1 through 4 in City of Carlsbad, County of San Diego, Stnte of California,
According to Maps thereof Nos. 8350-8353 inclusive as recorded in the
Orfice of the County Recorder of San Diego County dated July 28, 1976.
(Contains 108 Acres, more or lass)
PARCEL 2
That portion of Lot 3 of said Section 35 that is northerly of the
easterly prolongation of the northerly line adjoining the northeasterly
corner of Lot 12 of said Section 35;
And that is westerly of Road Survey No. 18CO-1 described in Deed
to the County of Sin Diego recorded November 28, 1969 as Document No.
217326, Official Records of said San Diego County;
And that is southerly of the following described line:
Commencing at the -!K>st southeasterly corner of Carlsbad Tract 72-34
according to Map thereof N'o. 3353 filed in the Office of the Recorder of
said San Diego Jaunty;
Thence South 20" 01' 19" West along thu vesterly line of SI Camino Real
right-of-way recorded as Road Survey Map No. 682, November 21, 1969 as
file No. 217326, official Records of said San Diego County, a distance
of 405.30 feet;
Thence North 32' 54" West a distance of 258.85 feet to a noint of
tangency with a 551 foot radius curve concave southerly;
Thenc* venterly along the arc of said curve thru a centnl angle of
40' 28' 11" for a distance of 394.13 feet, rr.or« or less, to the easterly
line of the northwest quarter of said Section 35.
(Contain! 10.049 Acres, more or less)
EXHIBIT "2" TO OITKR TO DEDICATE PUFH.IC ACCESS l:A' !.fi:';7
• o
en
CDor
Ct
O