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Home My WebLink About; EARCO; 2002-0913277: Quitclaim Deed7 RECORDING REQUESTED. AND WHEN RECORDED MAIL THIS DEE0 AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO me City Clerk City of Carlsbad 1200 Carlsbad Village Dr. city8 Carlsbad, CA 92008 state zip b Ti DOC # 2002-0913277 SAN DIEM COiJNTY RECORDER'S OFFICE OFFIGIF1L riECORDS FEES: 0.00 nc: NA GM608Y a. NTH, COUNTY HEC8HDER tle Order No. Errow No. APN: 207160-28 & 207170-28 SPACE ABOVE THIS LINE FOR RECORDERS USE r 360 LEGAL (1-94) Quitclaim Deed ? THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ -0- 0 ~ unincorporated area City of Carlsbad Parcel N0.S. 207160 - 28 & 20 7170-28 0 computed on full value of property conveyed, or 0 computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EARCO, a California General Partnership hereby REMISE, RELEASE AND FOREVER QUITCLAIM to City of Carlsbad the following described real property in the City of Carlsbad county of San Diego , state of California: See Exhibit "A" attached hereto and incorporated herein by this reference. } S.S. before he, , personally appeared of which thmrson4) acted. executed the inspqment WITNESS Signature 0 0 . EXHIBIT “A” LEGAL DESCRIPTION OF REAL PROPERTY Lots A and B of Shelter cove Subdivision, according to Map thereof no 5 162, filed in the Office of the County Recorder of San Diego, State of California. Assessor’s parcel Numbers 2071 60-28 & 2071 70-28. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the OUrrCLAIM DEED dated June 6. 2002, from ERCO, a California General Partner to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. WILLIAM L. CONTI ATTORNEY AT LAW July 29,2002 Mr. L. Michael Hall, Esq. HORTON 81 RYAN, APC 225 Broadway, Suite 1400 San Diego, Ca. 92 10 1 Ms. Jane Mobaldi, Esq. CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, Ca. 92008-1 989 RE: EARCO V. CADE, et. al. SDSC CASE #: GIN 01442 Dear Counsel, I have enclosed the original executed Settlement Agreement with this letter to Mr. Hall. I have also enclosed the original of the Quitclaim Deed to Ms. Mobaldi, as well as an executed copy of the Settlement Agreement. I have also filed the Request for Dismissal in this case. Mr. Hall, please forward your client’s settlement draft at your earliest convenience. Should either of you have any further questions, please feel fiee to contact my ofice. Thank you both for your courtesy and attention in this matter. LIAM L. CONTI, ESQ. WLC:kh Encls. Cc: Mr. Red Robinson 330 RANCHEROS DR., SUITE 212 SAN MARCOS, CA 92069-2978 PHONE: (760) 891-0801 FAX: (760) 891-0803 SETTLEMENT AGREEMENT ANb RELEASE OF CLAIMS THIS SETTLEMENT AGREEMENT is entered into ihis 14th day of May, 2002, by and between EARCO, a California general Partnership (hereinafter referred to as "Plaintiff"), STEVEN P. WE, (hereinafter referred to as "CADE"), and THE CITY OF CARLSBAD (hereinafter referred to as "CARLSBAD") . RECITALS THIS SETTLEMENT AGREEMENT is entered into with respect to the following facts: A. On or about June 30, 2001, Plaintiff filed a Complaint in San Diego Superior Court, North County Judicial District as case No. GIN 014420, entitled EARCO v. CADE, et al., alleging, inter alia, trespass and right to possession of two parcels of real property as hereinafter described (hereinafter referred to as the "Lawsuit" or the "Litigation"). Defendants CADE and CARLSBAD each answered the Complaint, and denied all of the allegations contained therein. B. Defendants CADE and CARLSBAD each filed a Cross-complaint in the Litigation against the other for indemnity arising out of the claims asserted by plaintiff in the underlying action. Each defendant has filed an answer to the cross-complaint of the other defendants, denying all of the allegations contained therein. C. All parties now desire to compromise and settle any and all claims and Causes of Action alleged in the litigation referred to above as between them, and to provide for complete Mutual Releases of any further liability as between all of the parties involved in the litigation arising out of the matters alleged in the complaint and cross-complaints, in accordance with the parties mutual desire to avoid litigation and upon the terms and conditions of this Settlement Agreement. NOW, THEREFORE, in view of the foregoing, and based upon good and valuable consideration, receipt of which is hereby acknowledged by the respective parties, the parties hereto make the'following agreement: 3.0 PAYMENT BY DEFENDANT CADE TO PLAINTIFF: Defendant CADE agrees ($30,000.00) (the "Plaintiff's Settlement Funds"), in exchange for the Mutual Release of Claims contained herein, the Dismissal with prejudice of the Complaint, and the execution by plaintiff of a Quitclaim Deed conveying to defendant CARLSBAD, the real property legally described as "Lots A and B of Shelter Cove Subdivision, according to Map thereof no 5162, filed in the Office of the County Recorder of San Diego, State of California. to pay to plaintiff the sum Of THIRTY THOUSAND DOLLARS 1 Assessors parcel Numbers 207160-28 6.207170-28'' (the "Real Property"). The conveyance of the Real Property as described herein is without warranty of any kind.and without cost to plaintiff of any kind. Defendant CARLSBAD shall be solely responsible for the recording of the Quitclaim Deed and the payment of any fees or costs associated with such recording, including, without limitation, any and all documentary transfer tax required to be paid thereon. Plaintiff agrees to cooperate with any and all other requirements necessary to complete the recording of said Quitclaim Deed. In the event that the conveyance of the Real Property set forth above is insufficient to meet any County requirements, the parties agree to confer in good faith to resolve any remaining issues. Upon receipt of this executed Settlement Agreement and the Quitclaim Deed referred to herein, duly executed by Plaintiff, defendant CADE shall deliver the Plaintiff's Settlement Funds to Defendants' counsel, made payable to WILLIAM L. CONTI, CLIENT TRUST ACCOUNT. 2.0 PAYMENT BY DEFENDANT CADE TO CARLSBAD: Defendant CADE agrees to pay to CARLSBAD the sum of FOUR THOUSAND DOLLARS ($4,000.00) (the "CARLSBAD Settlement Funds"), in exchange for the Mutual Release of Claims contained herein and the.Dismissa1 with prejudice of the Cross-complaint filed by CARLSBAD in this action. Said payment shall be made upon the receipt by defendant of an executed copy of this Settlement Agreement by check made payable to THE CITY OF CARLSBAD. 3.0 MUTUAL WAIVER OF COSTS BETWEEN PLAINTIFF AND CARLSBAD: Plaintiff and defendant CARLSBAD agree that plaintiff shall dismiss the action as against defendant CARLSBAD with prejudice as to the entire action, in exchange for a mutual waiver of any costs and/or attorney's fees which either Plaintiff or defendant CARLSBAD may have incurred in the Litigation as between them only. 4.0 RELEASE OF CLAIMS BY PLAINTIFF: For and in consideration of the Settlement Funds set forth in this Settlement Agreement and the Release of Claims set forth herein, receipt of which is hereby acknowledged, Plaintiff for itself, its successors, assigns, partners, agents, and/or attorneys, does hereby release, acquit, remise and forever discharge defendants CADE, CARLSBAD and MAUREEN CADE, their agents, Trustees, partners, affiliates, Directors, successors, assigns, representatives, administrators, attorneys, and all other persons connected with said defendants from any and all 'claims, actions, causes of action, demands, rights, damages, costs, expenses and/or compensation of any nature whatsoever which plaintiff now has, or which may hereafter accrue to plaintiff on account of or in any way arising out of any of the matters alleged in the Litigation as defined in this Settlement Agreement. Plaintiff specifically acknowledges that California Civil Code Section 1542 states: "A general release does not extend to claims which a creditor does not know or suspect to exist in his 2 favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtorrr. Notwithstanding section 1542 of the Civil ?ode, above, the release set forth above is intended to, and shall constitute a full release in accordance with its terms as to all claims, known or unknown at the time of the execution hereof. PLAINTIFF ACKNOWLEDGES THAT IT HAS RECEIVED INDEPENDENT LEGAL ADVICE WITH RESPECT TO THE EFFECT OF THIS RELEASE AND THE CIVIL CODE SECTION REFERENCED ABOVE, THAT SAME HAS BEEN FULLY EXPLAINED TO IT, THAT IT UNDERSTANDS THE EFFECT OF THE RELEASE BEING PROVIDED HEREIN, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE. 5.0 RELEASE OF CLAIMS BY DEFENDANT WE: For and in consideration of the Dismissal with prejudice of plaintiff's complaint, the Dismissal with prejudice of the Cross-complaint filed by CARLSBAD, and the Release of Claims set forth in this Settlement Agreement, receipt of which is hereby acknowledged, defendant CADE for himself, his Trustees, Partners, agents, successors, assigns, representatives, administrators, attorneys,. and all other persons connected with defendant CADE, does hereby release, acquit, remise and forever discharge Plaintiff and CARLSBAD, their successors, partners, agents, assigns, and/or attorneys, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and/or compensation of any nature whatsoever which defendant CADE now has, or which may hereafter accrue to defendant CADE on account of or in any way arising out of any of the matters alleged in the Litigation as defined in the Settlement Agreement. Defendant CADE specifically acknowledges that California Civil Code Section 1542 states: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtorT1. Notwithstanding section 1542 of the Civil Code, above, the release set forth above is intended to, and shall constitute a full release in accordance with its terms as to all claims, known or Gnknown at the time of the execution hereof. DEFENDANT CADE ACKNOWLEDGES THAT HE HAS RECEIVED INDEPENDENT LEGAL ADVICE WITH RESPECT TO THE EFFECT OF THIS RELEASE AND THE CIVIL CODE SECTION REFERENCED ABOVE, AND THAT HE KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE. 6.0 RELEASE OF CLAIMS BY DEFENDANT CARLSBAD: For and in consideration of the Dismissal with prejudice of plaintiff's complaint, and the Release of Claims set forth in this Settlement Agreement, receipt of which is hereby acknowledged, defendant CARLSBAD for itself, its agents, successors, assigns, 3 representatives, administrators, attorrneys, and all other persons connected with defendant CARLSBAD, does hereby release, acquit, remise and forever discharge Plaintiff,. CADE, and MAUREEN CADE, their successors, partners, agents,'assigns, and/or attorneys, from any and all claims, actions, causes of astion, demands, rights, damages, costs, expenses and/or compensdtion of any nature whatsoever which defendant CARLSBAD now has, or which may hereafter accrue to defendant CARLSBAD on account of or in any way arising out of any of the matters alleged in the Litigation as defined in the Settlement Agreement. Defendant CARLSBAD specifically acknowledges that California Civil Code Section 1542 states: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtor". Notwithstanding section 1542 of the Civil Code, above, the release set forth above is intended to, and shall constitute a full release in accordance with its terms as to all claims, known or unknown at the time of the execution hereof. DEFENDANT CARLSBAD ACKNOWLEDGES THAT IT HAS RECEIVED INDEPENDENT LEGAL ADVICE WITH RESPECT TO THE EFFECT OF THIS RELEASE AND THE CIVIL CODE SECTION REFERENCED ABOVE, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE. 7.0 NO ADMIsSIms: Nothing contained within this Settlement Agreement shall be deemed to be an admission of any of the facts or claims made in the litigation referred to above by any party, nor shall the execution of this Agreement be deemed to be an admission by either party of liability in any respect as it relates to the allegations of fact contained therein. The parties have entered into this Agreement solely to resolve the dispute as between them without the need for litigation. 8.0 MUTUAL WAIVER OF F'EES AND COSTS: Except as expressly set forth in this Settlement, each party agrees to bear their own fees and costs incurred in the Litigation referred to herein, including, without limitation, attorneys fees. 9.0 .MISCELLANEOUS PROVISIONS : 9.1 ATTORNEYS FEES: Should either party to this Agreement be forced to institute legal proceedings in order to enforce any of the terms or provisions of this contract, which terms shall include arbitration, it is hereby agreed that the losing party to any such legal proceeding shall pay to the successful party his or her costs and reasonable attorney's fees incurred in proceeding in such action. 9.2 ENTIRE AGREEMENT: This Agreement constitutes the entire 4 contract and understanding between the parties hereto, and it is expressly understood and agreed that no representation, understandings and/or other agreements .of any nature, whether oral or written, have been made by and/or relied upon by either party in the execution of this Agreement, other than those which are contained herein. 9.3 COUNTER~ARTS: This agreement may be executed in counterparts, and when combined, shall constitute the entire agreement as between the parties hereto. Signatures affixed by Facsimile transmission shall be deemed to be the equivalent of original signatures to this Agreement. EXECUTED on the date first written above at San Marcos, California. EARCO GENERAL PARTNERSHIP BY: Plaintiff . STEWEN P. CADE, Defendant APPROVED AS TO AND Defendant WILLfM L. CONTI, ESQ. Attorney for Plaintiff HORTON & RYAN, APC BY: L. MICHAEL HALL, ESQ. Attorney for Defendant CADE YAssistant City Attorney Attorney for Defendant CARLSBAD 5