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HomeMy WebLinkAboutAlvarado, Adelina L; 1990-10-17;e 0 CORPORATION The City of Carlsbad 12000 Carlsbad Village Drive Carlsbad, Ca 92008 Date: Oct. 17, 1990 Escrow No: 11796-B Dear The City of Carlsbad: With regard to the escrow you have opened with our company, we would appreciate your compliance with the instructions opposite the items marked by an "X" below, if satisfactory. Please SIGN AND RETURN the following items: & Escrow Instructions +& Amended Instructions Dated - Termite report and/or completion notice - Receipt for Homeowner Association items - Rent statement - Note - Preliminary title report PLEASE KEEP FOR YOUR RECORDS - Beneficiary Statement from f@/ 7-90 - Please have your SIGNATURES on the following documents NOTARIZED BEFORE A NOTARY PUBLIC: - Grant Deed - Interspousal Grant Deed - Quitclaim Deed - Deed of Trust Please SIGN AND FULLY COMPLETE the following forms: - Statement of Identity x Preliminary Change of Ownership - Fire Insurance Information -Vesting Amendment Please FURNISH US with the item(s) checked below: & Funds estimated as needed from you in the amount of $&, 72 Checks payable to SPRING MOUNTAIN ESCROW COW. A CASHIER'S CHECK will expedite the closing of escrow If you have any questions or if we can be of any service to you in any way, please call this office. us in the enclosed, envelope. (Retain additional copies for your files). Your promptness will expedite your escrow. Sincerely, - - Please return the items tc CA 92008 (619) 729-0978 FAX # (619) 720-0571 I 0 c; &@sp"G ,.i;.., 0 MOUNTAIN ESCROW CORPORATION To: Spring Mountain Escrow Corporation 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 Escrow No. 11796-B Date: October 17, 1990 PRELIMINARY TITLE REXlR!F 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 Company 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 items Nos. 1, 2, 3, 4, 5, ard 6 of such report, PLUS those items that will reflect the documents being recorded at the close of escrow. Attached to your cow of the report are the following itens: item no 4 - Buyer's execution axti 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. October 12, 1990 SELLER -7'c-z > -' '. turn Pr; t v J v--.*rrja y' "5 A r- 1- - \u Bdru2,L,:-~~~y I.J< your rer., -~ Carlsbad Branch 785 Grand Ave Suite 101 Carlsbad, CA 92008 (619) 729-0978 FAX # (61 9) 720-0571 r 3 . $9 0 11796-B -- 'p r@lrvq -+&SPRING MoUNTAIN Escrow No. Oct. 10, SELLER --?+E --c ' 7L -,Jf ??6f?!'dS - Page 1 el ly~q &5L - gfi & re?"? ESCROW Date -covj ~ ,r your rc:ds AGE^^ 1 -copy for YOU; re~rds 64,aKEh -COPY for Lour recorQs CORPORATION SALE ESCROW INSTRUCTIONS 1. 2. 3. TO: 4' SPRING MOUNTAIN ESCROW CORPORATION Escrow No. 11796-1 5. 785 Grand Avenue, Suite 101 / (P. 0. Box 1151) Date: 10/17/90 '- Carlsbad, California 92008 Billie Schafer 7* (619) 729-0978 Escrow Officer 8. Title Order No.: 156027-04 '' Title Co.: Cdntinental Lawyers Title Co. 10. 11. 12. 13. 14. 15. 1) The attached copy of Acquisition Agreement and Escrow Instruct ''e dated July 31, 1990 and Extension Letter dated September 29, 1990 17* be construed as your escrow instructions, and you are authorized t 18. thereunder insofar as processing and closing said escrow is concer 19. 20. 2. Notwithstanding anything therein contained, escrow holder's on 21. 22* duties and responsibilities thereunder shall be with such provisio 23' therein contained which pertain to the normal function of an escrc 24. agent. 3. For the escrow holder's benefit all conditions and/or contingf 27. therein contained shall be satisfied, dissatisfied or waived in wr to escrow holder. 4. For the escrow holder's benefit modifications and/or additions 25. 2 6. 28. 29. 30. 31' provisions therein contained are hereby approved and accepted. 32. 33. 34. 35. 36' 6. 37. 38' evidenced by the signatures of the parties hereto. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 5 8. ASSEMBLY BILL 512 59. SIGNIFICANT CHANGES IN THE MANNER IN WHICH FUNDS QUALIFY AS "AVAI 60. 61. FOR DISBURSEMENT." The "Availability of Funds" provisions as pro 62. by said bill are approved and incorporated within the terms of th 63. escrow as evidenced by signature to these instructions. 64. 65. BUYER'S APPROVAL 66. I agree to ALL BUYER'S and SELLER'S usual charges on demand, 67. including, but not limited to: sub-escrow fee if incurred on my b 68. only, recording grant deed, seller's and buyer's escrow fee, draa 69. trust deed and note executed by me, recording and drawing any 0th 5. Prorate as of CLOSE OF ESCROW the following: Real Property taxes for fiscal year 1990/91 General Provisions of the Spring Mountain Escrow Corporation i incorporated in said instructions as shown therein as Exhibit "B" 7. Indicate on the Deed to file, all future tax statements are tc 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 o Value computed at $1.10 per $1,000.00. 9. Escrow holder is to release any and all information relating to this file to the Seller's accountant: Rodolfo Castaneda 1939 W. Vista Way Vista, Ca 92084 941-4520 THE PASSAGE OF ASSEMBLY BILL 512, EFFECTIVE JANUARY 1, 1990, HAS 70. EC 1 101 C (4/90) 0 i$i&sp"G 0 'ouNTAIN Escrow No. 11796-E Oct. 1c Page 2 Date ESCROW - CORPORATION 1. 2. 3. 4. 5. 6. 7. 8. 9. 1o. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Attest: documents necessary on my part, loan tie-in fee, and lender's fec incurred as specified in said lender's documents. BY SIGNATURE BELOW, THE GENERAL PROVISIONS ON EXHIBIT "B" HEREOF APPROVED AND INCORPORATED WITHIN THE TERMS OF THIS ESCROW AS THO1 SAME APPEARED OVER MY SIGNATURE. Prepare the grant deed providing tax statements and the recorded deed to be mailed to buyer at: Address shown below or as directt neY 30. 31. Address: 32. 33. Telephone No. Work 438-7753 Home 34. 35. 36. 37. SELLER'S APPROVAL 38. THE FOREGOING TERMS, CONDITIONS AND/OR INSTRUCTIONS TOGETHER WIT 39. GENERAL PROVISIONS ON EXHIBIT "B" HEREOF, ARE CONCURRED IN, APPR 40. ACCEPTED BY THE UNDERSIGNED SELLER AS EVIDENCED BY SIGNATURE BEL 41. 12001 Carlsbad Village Drive Carlsbad, Ca 92008 42. I will hand you all instruments and money necessary for me to co 43. with the above including a grant deed to the property described, 44. you are authorized to record or deliver when you can comply with 45. instructions. 47. You are authorized and instructed to pay all encumbrances on sai 48. property, except those which are to remain a lien at close of es 49. previously set forth, from the proceeds of this escrow. 51. As escrow holder, request my agent to assign any fire and other 52. insurance of mine handed you or that beneficiaries inform you tl 53. unless there are provisions to the contrary within these instruc 54. any written amendments to the same. 55. 56. I agree to pay NO CLOSING COSTS AND CHARGES, with the exception 57. payment for the Seller's pro-rated portion of the real property 58. 59. Make check for balance payable to: Adelina L. Alvarado 60. 61. 62. 63. 64. 65. Adelina L. Alvarado 66. 67. Address: 200 Olive Ave Space 2 Vista, Ca 92083 68. 69. Telephone No. Home 70. 46. 50. Mail check and all my documents to: Address shown below or as d: EC 1 lOlC (4/90) @row No. 11796-8' Date Oct. 10, + Page 3 --Spring Mountain Escrow c dl oration ' . AVAILABILITX OF FUNDS THE PASSAGE OF ASSEMBLY BILL 512, 'EFFECTIVE 'UANUARY: LI 1990, HAS"MADE SIGNIFICANT CHANGES IN THE MANNER IN QUALIFY AS "AVAILABLE FOR DISBURSEMENT." The new law mandates that all funds payable to a title insurer be collected and available for withdrai recordation and disbursement. Although this Bill was intended to regulate the title insurer, it directly 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, until such time as their Deed of Trust is recorded. When the documents are recorded. the lender's funds are I use by the escrow holder or under their direction. 1 B) The title insurer further uses all or a portion of these funds, under specific instructions from the escr pay seller'e,lien(s) or obligation(e). holder for disbursement, no liens and/or charges and costs in this escrow transaction can be paid. ********************~*L************************L********L*L****L*~****LL************~*******L***~**L*****~****~ IN ORDER TO FACILITATE TIE CLOSE OF THIS ESCROW THE FOLLOWING SKALL APPLY: a) In the event that it is necessary for escrow holder to disburse funds to the Title Company in this t complete the payofL of the Seller's existing loan(s) or obligation(s), in order to deliver clear title to the holder is hereby authorized and instructed to make this disbursement prior to close of escrow, allowing suffi 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 the is aware that failure to provide good funds, including those from their lender, may cause significant delayr or closing tyeir transaction. Escrow holder shall not be held responsible or liable for the non-availabilit funds issued in a manner which does not allow the title insurer to immediately disburse. Until such time as the funds are made available by the title insurer I c) Uuyer an e Seller agree to deposit funds into escrow in sufficient time to meet their closing date rec comply with the new law. In the event that the balance of buyer's downpayment is to come from the close of Uuyer's sale escrow, it responsibility to instruct the sale escrow holder to wire transfer Duyer's net proceeds directly to Spring MI Corporation. In the event that the Seller's proceeds are required to close Seller's purchase escrow and said escrow is with company, it is the Seller's responsibility to provide electronic payment (wire transfer) information to : Escrow Corporation. In the event that the Seller doee not provide this information. Spring Mountain Escro 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 rec Deed from Seller to Buyer unless escrow holder is instructed to the contrary in writing prior to close of escr 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 DISBURSE THE FUNDS HELD BY THEM TO THE ESCROW HOLDER. SPRING MOUNTAIN ESCROW CORPORATION SHALL IIAVE NO RES ACCRUALS OF INTEREST AND OTHER CHARGES RESULTING FROM COMPLIANCE WITH THE DISBURSEMENT RESTRICTIONS IMPOSE[ ********L***************************************~**************************L**********L*L******~****LL******** This escrow cannot close until we are in receipt of these collected funds. FOR INFORMATION PURPOSES ONLY, three primary categories of availability have been established and are briefly 1. SAME DAY AVAILABILITY: Funds deposited by cash or electronic payment are available for disbursement i receipt. However, it may be necessary to wire funds a day prior to the day of recordation to allow 1 limitations. Although cash is a good form of funding, it is not the policy of Spring Mountain Escrow Corpor cash to close an escrow. 2. NEXT DAY AVAILABILITY: Cashier's checks drawn on California Banks, Certified Checks. Teller Checks and/o by an insured financial institution against an insured financial institution may be disbursed the day after , deposited into the escrow trust account. 3. CREDIT TO ACCOUNT: Personal, private corporation checks, escrow checks, and drafts may be disbursed actually credited to the account into rhicli they were deposited. IF YOU ELECT TO WIRE FUNDS TO THE ESCROW COMPANY, PLEASE CONTACT SPRING MOUNTAIN ESCROW CORPOMTION REGARD1 TO DO SO. WIRE/CASUIER'S CUECK FEE BY SIGNING THIS INSTRUCTION, PARTIES ACKNOWLEDGE nthT IN TIE EVENT ESCROW XIOLDER IS REQUESTED.TO WIRE TRANSEI WILL BE A FEE OF $50.00 OR IN TllE EVENT ESCROW HOLDER IS RoQUESTED TO PROVXDE A CASIIIER'S CIlECK. CERTIPIE TELLER CBECK, TUERE WILL BE A $30.00 FEE. SAID FEE WILL BE CWGED TO TBE: PARTIES REQUESTING SAID SERVICES AUIXORIUTION IS DEEMED NECESSARY FROH TUE UNDERSIGNED. FEDERAL EXPRESS IF DEWD NECESSARY (AT ESCROW IIOLDER'S SOLE DISCRETION) TO FACILITATE TBE CLOSING OF TUIS ESCROW IN A ESCROW nOLDER IS tIEREBY AUTBORIZED AND INSTRUCTED TO DEBIT SELLER'S OR BUYER'S ACCOUNT (AS TlIE CASE MAT BE) WYRESS (OR SWIAR CARRIER) CIIARGES OF $25.00 NORKhL DELIVERY AND $35.00 FOR SATURDAY DELIVERY OF PAPERS A HEREUNDER, PARTIES ilJ5RETO UNDERSTAND SUCU COSTS/CIIARGES ONCE EXPENDED. ARE NOT REFUNDABLE- The City of Carlsb Slgnature(s) Slgnature(s) Adelina L. Alvarado ALETHA L. IWUTENKE Cit 1 1 0 e .!. I. .. .- -- .- 1 .> .:;: , ~ .. , ,' .' , A h September 29, 1990 I OCT 1930 \, Ralph Id. 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. (\ Q<'l. ,'U Sincerely, .y $< T tCoJLV & &.,.,b<? (,x. Adelina L. Alvarado cc. Lionel Alvarado * RECEIVED Q4 e--- SMEC - Carlsbad 6 OPT 15 IP .. 0 0 SMrc Rk91 . C?r,F m-12 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) BETWEEN ADELINA L. ALVARADO AND THE CITY OF CARLSBAD July 31,1990 0 0 TABLE OF CONTENTS Paqf 1 . Agreement of Sale/Price ................ 1 ........................ 2 . Escrow 2 3 . Closingcosts ..................... 3 4 . Title 4 5 . Commissions ...................... 5 6 . Attorney's Fees .................... 5 7 . Notices 5 8 . Entire Agreement - Amendments ............. 6 . Successors 6 . Assignment 6 12 . Waiver of Covenant, Condition, or Remedy ........ 6 13 . Interpretation of Agreement .............. 7 14 . Survival ........................ 5 ......................... ........................ 9 ...................... 10 ....................... 11 . Choice of Laws 6 ..................... .......................... 15 . Time 5 0 0 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) This Agreement is made as of the & day of&&& 19-, 5% by and between ADELINA L. ALVARADO ("Sellert1) and THE Cl OF CARLSBAD, California, a municipal corporation ("BuyerI1). - R E C r 2 A & S: A. Seller is the Owner of that certain parcel of rc property (the llProperty") in the County of San Diego, State California, described in Exhibit A attached hereto and by tl reference incorporated herein, consisting of l.28+ acres of vacai unimproved land. B. Buyer desires to acquire the Property to allow ' design and construction of a municipal golf course and otl municipal purposes. C. The parties, in recognition of the foregoing and CITY'S power of eminent domain, desire to enter into an agreem whereby Seller shall agree to sell and Buyer shall agree to buy Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follo 1. Asreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agr 1 7s 0 0 to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). T purchase price shall be paid by deposit of such sum into the escr described in Paragraph 2 hereof in time to permit the closi thereof at the scheduled closing date. In no event shall said E be deposited later than two (2) working days prior to the close escrow. 2. Escrow. (a) Within three (3) business days after t execution of this Agreement by both parties, a signed copy of tk Agreement shall be deposited by Seller with the Spring Mount? Escrow Corporation ( llEscrow Holder") (Attn. Billie Schafer, Esci Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to 01 an escrow to complete the purchase and sale herein contemplatc Reference herein to the opening of escrow shall mean the date tl a copy of this Agreement is deposited with Escrow Holder. By si deposit, Escrow Holder is hereby authorized and instructed to E in accordance with the provisions of this Agreement, wh: Agreement, together with Escrow Holder's standard gene] provisions which are attached hereto as Exhibit B and by tl reference are incorporated herein, shall constitute Escrow Holde. escrow instructions. Seller and Buyer shall each deposit such other instruments and funds as are necessary to close the Esc and complete the sale and purchase of the Property in accorda. with the terms hereof. (b) This escrow is scheduled to close on or befl August 31, 1990. Time is specifically a matter of essence w 2 .r T - e 0 respect to the closing and, notwithstanding anything to the contrary in the printed escrow instructions incorporated in th Agreement, the closing date may not be extended except by mutu consent of the parties. .( (c) Buyer shall have the option, which shall exercised on or before August 17, 1990 to terminate this Agreeme and all of its obligations incurred in connection herewith withc liability of any kind, except that if Buyer should elect exercise its option to terminate, Buyer shall pay all costs terminate the escrow and legal fees incurred by SELLER. 3. Closinq Costs. Closing costs shall be borne by t 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 esci and Seller will be responsible for paying for all delinquent i non-delinquent property taxes. Buyer will take the steps requii to cancel property taxes after the date of the close of escrow, 4. Title. (a) Attached hereto as Exhibit C and by tl reference incorporated herein is Continental Land Title Comp; Preliminary Title Report number 138206-05, dated July 28, 191 which covers the Property. Seller has agreed to convey title 3 0 0 the Property to Buyer and Buyer agrees to accept titre from Sellc subject only to exceptions numbered three (3) four -(4) and five ( set forth in said Preliminary Title Report which affect t Property, which consist of a pipeline easement, amendments tc covenant and a note regarding access to the Property, only. I other exceptions in said Preliminary Title Report must eliminated prior to close of escrow. Immediately after the open: of escrow, Buyer shall obtain a current preliminary title rep( from Continental Land Title Company showing the current state title to the Property. Buyer shall have the right to disapprc any exception shown on such report that is not shown on the repc attached hereto as Exhibit C. In the event that Buyer objects any such additional exceptions and Seller is unable to elimini such exceptions, Buyer shall have the right either to waive objection to such exceptions and close the escrow subject to s1 additional exceptions or to terminate the escrow and all of liabilities hereunder. (b) At the closing, Seller shall deposit into escrow a Grant Deed fully executed and in recordable f sufficient to convey to Buyer fee title to the Property. Said d shall recite that title is conveyed subject to only those lie leases, easements, encumbrances, covenants, conditions restriction and other matters of record set forth in subparagr 4 (a) above or which may be approved by Buyer in accordance w subparagraph 4(a), above. 4 0 0 (c) At the close of escrow and as a conditi thereto, Continental Land Title Company shall agree to issue a CI Standard Coverage Owner's Policy of Title Insurance, with liabili in the amount of the purchase price for the property, showing tit to the Property vested in Buyer or its designee, subject only the exceptions approved by Buyer pursuant to subparagraph 41 above. 5. Commissions. Buyer and Seller each represent the other that they have not entered into any agreement or incur] any obligation which might result in the obligation of the otl party to pay a sales or brokerage commission or finder's fee this transaction and agree to indemnify, defend and hold each otl harmless in the event such representations shall prove to untrue. 6. Attorney's Fees. In the event of any act between Buyer and Seller seeking enforcement of any of the te and conditions of this Agreement, or in connection with Property, the prevailing party in such action shall be awarded, addition to damages, injunctive or other relief, its reasona costs and expenses, including reasonable attorney's fees. 7. Notices. All notices under this Agreement shall effective upon personal delivery to Seller, Buyer or Escrow Hold as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage f prepaid and addressed to the respective parties as follows: To Seller: Adelina L. Alvarado 200 Olive Avenue--#Z Vista, CA 92083 5 0 0 To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn : City Manager Copy To: City Attorney Utilities & Maintenance Direc Spring Mountain Escrow Corporati 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer To Escrow Holder: or to such other address as the parties may from time to t designate in writing. 8. Entire Aqreement - Amendments. This Agreement and items incorporated herein contain all of the agreements of parties hereto with respect to the matters contained herein, anc prior agreement or understanding pertaining to any such mat shall be effective for any purposes. No provisions of t Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly author: representatives of each of the parties hereto, except that modifications which relate to the adjustment of time limitat. (except the closing date) or to the form of documents may be 1 by legal counsel to the parties. 9. Successors. The terms, covenants and condit of the Agreement shall be binding upon and shall inure to benefit of the heirs, executors, administrators and assigns of respective parties hereto. 10. Assiqnment. Buyer may not assign its ri hereunder without the prior written consent of Seller. 6 0 0 11. Choice of Laws. This Agreement shall be goverr by the laws of the State of California and any question arisi hereunder shall be construed or determined according to such le 12. Waiver of Covenant, Condition, or Remedy. Tk waiver by one party of the performance of any covenant, conditic or promise shall not invalidate this Agreement nor shall it considered a waiver by him of any other covenant, condition, promise. The waiver by either or both parties of the time performing any act shall not constitute a waiver of the time performing any other act or an identical act required to per'formed at a later time. The exercise of any remedy provided this agreement shall not be a waiver of any consistent rem provided by law, and the provision in this Agreement for any rem shall not exclude other consistent remedies unless they expressly excluded. 13. Interpretation of Asreement. This Agreement sk be construed as a whole and in accordance with its fair meanj Captions and organization are for convenience and shall not be I in construing meaning. The language of this Agreement shall no' construed for or against either party. 14. Survival. This Agreement shall survive the closi escrow and shall remain a binding contract between the pari hereto. 15. Time. Time is of the essence of this Agreem it being understood that each date set forth herein and obligations of the parties to be satisfied by such date have the subject of specific negotiation by the parties. 7 1 c, 0 0 IN WITNESS WHEREOF, Buyer and Seller have executed tl Agreement as of the date first above written. .I ATTEST: ADELINA L. ALVARADO fl&, ~c,.l-J21;a z - (!2hLI,d Aletha L. Rautenkranz, City Clerk APPROVED AS TO FORM: &.m..Q b- VINCENT F. BIONDO, JR. City Attorney 7, 30.70 SUESCtiDfC CtLG SKGl 10 EN ntrsA:;f ci N@T!dY PUBLIC - CALI1 ORMIA 8 ‘ir .I -. 0 0 /- -. LEGAL DESCRIPTION ALL THAT PORTION OF LOT ''0'' OF THE RANCHO AGUA HEDIONDAt IN THE COUN SAN DIEGOt STATE OF CACJFORNIAt ACCORDING TO THE MAP THEREOF NO. 823 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTYt NOVEMBER 1 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIF SOUTH, RANGE 4 WESTt SAN BERNARDINO MERIDIAN; THENCE SOUTH OO"14'00' 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 ?F WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYEI CHESTER GUNfd AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER 0. GUF DEED RECORDED NOVEMBER 6, 1YZO IN BOOK 329, PAGE 314 OF DEEDS; THEN( 74"39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; TH€NCE St 18"27'00" EAST 267.00 FEET; THENCE SOUTH 54'42'40" WEST 308.62 FEET' NORTH 20"12'00" WEST 263.96 FEET; THENCE NORTH 54'35'00" EAST 317.1 TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BE WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. EXHIBIT "A" . , . . . . . ... ... - 8 A, 'v) ;om bo k zm "g q N "-1 Ls P P cr, VI 0 9 EXHIBIT "A" ... :/ 1. - 0 ~ 6". GENERAL PROVISIONS IT IS MUTUALLY UNOERSTOOD AN0 AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SNEf The ciose of escrow shall be the day documents deposlted in this escrow are recorded If the condltlohs of thls escrow have not been compiled with at the tlme provided for In these instruc' nevertheless to complete this,escrow 8s soon as the conditions (except as to tlme) have been compiled with, UI demand for the return of money and/or instruments by a party to thls escrow is received by you prior to the re 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 approve all parties affected by the same. If. bofore or after recording documents, you receive or become aware of any conflicting demands or cia 'conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or propert affected, you shall have the right to discontlnuefurther performance on your part until theconfllct is resolved toy01 in addition, you shall have theright tocommenceordefend anyactlon orproceedingyoudeem necessaryforther of the conflict. A confifct shali be deemed to be your receipt of unilateral lnstructlonsormutual instructlons tron Should any controversy arise between the parties to this escrow or with any third person, you shall not be I action of any kind, but may wlthhold all moneys, securities, documents or other things deposited into es . 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 deciare the prc . instructions or to rescind them includhg, but not limited to: 8 sult in interpleader, whether or not theactfon fspr . judgment, voiuntariiy dismissed or settled, and irrespective of whether you are the prevailing party in any su . becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of ani . arising out of or in any way related to these instructions, whether or not suit Is actually commenced, the parti . jointly and severaily agree to pay all of your costs, damages, judgments and expenses, including attorneys' fee! in connection wl!h the same. It Is understood that the fees agreed to be paid for your services are for ordinary and usual services only,an ' any extraordinary or unusual services rendered by you, the undersigned agree to pay reasonable compensatic '. extraordinary or unusual services, together with any costs and expenses which may be incurred by you in co I. same; and you are hereby given a lien upon all documents, moneys andsecuritiesdeposited in this escrow until 1. compensated or reimbursed. It Is understood that in the event thls escrow is cancelled, you will receive comF 1. 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 !. document deposited into escrow, nor as to the identity. authority, or rights of any person executing them, nor 3 party to this escrow to comply with any of the provisions of any agreement, contract or other instrument file 1. these instructions. The duties of escrow holder shall be ilmlted to the safekeeptng of money, instruments 01 5. received by escrow holder and for the disposition of them in accordance with the written instructionsacceptec 3. The knowledge of escrow holder of matters affecting the property, provided such facts do not prevent con 7. instructions, does not create any liability or duty in addition to the responsibility of escrow holder under t 3. Escrow holder shall not be obligated to make any physical examination of any real or personal propert) 3. document deposited into this escrow. The parties agree escrow holder Is not making any represerltatlonswh 0. said property. 1. Escrow holder shall be under no obilgatlon or liahliity for failure to Inform the parties to thls escrow regar 2. exchange, or other transaction of facts within the knowledge of escrow holder concerning the herein describec 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 Slate law, inch 5. to. any disclosures required under Regulstion 2 pursuant to the Federal Consumer Credit Protection Act. the 6. laws. ordinances or regulations affecting any other property described in thls escrow. The undersigned f 7. agree to indemnify and hold escrow holder harmless by reason of any mlsrepresentatlon or omlssion by 8. respective agents or the failure of the padies to this escrow to comply with the rules and/or regulations a 9. agency, state. federal, county, municipal or otherwise. Parties to thls escrow have satisfied themselves out3 io. transaction is not in violation of the Subdivision Map Act or any other law relating to land division, and escrov il. all responsibility and/or liability in connection with the same and is not to be concerned with the enforci i2. You are authorized and instructed to utilize the services of a sub-escrow agent, within the scope of Sei i3. Cafifornia Administrative Code, as a depository for funds and/or documents prior to close of escrow, if I i4. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brobers j5. by them, Including. but not limited to copies of all instructions and closing statements In this escrow Est j6. accept funds deposited to our account by our broker or agent wlthout further authorization. j7. All deposits made by the parties to this escrow shall be deposited by escrow holder in an account de jB. Trust Account" with any local bank. without any liability for interest. All disbursements shall be made by ch jg. drawn on said account. Escrow holder shall not be obligated to identify or to guarantee the signature r 50. checks. All documents and checks in favor of the parties shall be mailed. unregistered, to the addresses of 51. set forth in these instructions. j2. These instructions may be executed in counterparts, each shall be deemed an original regardless of ti j3. delivered, and said counterparts shaii constitute one and the same instrument. 34. The signature of the undersigned hereon and on any document(s) and instrument(s) pertaining to this j5. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge recei 56 instructions. . all of the parties to this escrow. \F 1 8' 1, !6 EXHI E IT " E" -.. 0 A SUBSIDIARY OF ~uN 9 NENTAL LAND TITLE COMPA,., LAWYERS TITLE INSURANCE CORPORATION 4542 PUFFNER STREET SAN DIEGO, CALIFORNIA 92111 *4 AU6 1989 (619) 278-4171 Received Utility/ Maintenance CITY OF CARLSBAD 2075 LAS PALMAS DR. CARLSBAD 9 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 A' DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE 1 THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAIN WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SA OR REFERRED TO AS AN EXCEPTION IN SCHEDULE 8 OR NOT EXCLUDED FROM CO FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POL1 POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY F SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THI THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOL THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURF NO LIABILITY IS ASSUMED HEREBY. SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT I IF IT IS DESIRED THAT LIABILITY BE .PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR CC 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 2. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE PO AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM @&e. PJM44 ANDRE PITCHFORMRICK BAIRD, TIT[ EXHIBIT "C" 0 SCHEDULE A 8 ORDER NO. 138206-0 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED 1 COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ADELINA La ALVARADO, A WIDOW THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIF1 COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION a e SCHEDULE B ORDER NO. 138206-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO.THE PRINTED TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE 0 REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAY ABLE. VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REV€ 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO Tk 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 AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWE QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUART THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUT 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND M DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; WEST ALONG THE NORTHERLY CINE OF SAID RANCHO, 1766.00 FEET; TH SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP 11 AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG TI- LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EF PARALLEL TO THE SOUTH LINE OF SECTION 35, WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO P AND SOUTH CENTER LINE OF SECTION 3St TOWNSHIP 11 SOUTH, RANGE THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SEI TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AG HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO COR 3 TO THE POINT OF BEGINNING, ALL IN TRACT "D" OF RANCHO AGUA HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF DEEDS THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNE RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN S RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST AC SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, TOWNSHIP 11 SOUTH, F HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGU SAN DIEGO COUNTY t CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM AN RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN T MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF .-..r e ,C: e ULE B PAGE NO. 2 ,,.?DER NO. 138206-0 5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY S PUBLIC ROAD OR HIGHWAY. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE 8UYERS IN THIS TRANSACTION ARE CITY OF CARLSBAD PLEASE ADVISE US IMME9IATELY IF THE NAMES ARE MISSPELLED, OR IF ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PI AND THE AMOUNTS ARE' 1ST INSTALLMENT: $20.09 PAID 2ND INSTALLMENT: $20.09 PAID FISCAL YEAR 1988 - is89 PENALTY: $NONE PENALTY: $NONE EXEMPTION: $NONE IMPROVEMENTS: $NONE CODE AREA: 09015 LAND: $3,857.00 PERSONAL PROPERTY: $NONE ASSESSOR'S NO: 168-020-17 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROU( TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE. PRELIMINARY CHANGE OF OWNERS~~IP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. SELLER /TRAN S F E R 0 R: BUYER/TRANSFEREE: ASSESS 0 R ' S PARCEL N U M B ER( S ): PROPERTY ADDRESS OR LOCATION: Adelina L, Alvarado The City of Carlsbad 168-020-17 vacant land A Preliminary Change Report must be filed WI' ance In the County Recr thecounty wheretheprc this particular form may counties of California. FOR RECOROE The City of Carlsbad Mail Tax Information To: (Name): 7 -- - dLlsDaa, ca ~LOO~------------ (Address): NV-0 h CSH P ~- AREA If a documen: ec:depc:ng a charge of ownership's presenred to the recorder for recordation without the concurrent filing of a preliminary change of ownershio report. the recorder may charge an additional recording fee of twenty dollars ($20). The additional fee shall not be charged if the document is accowpanied by an affidavit that the transferee IS not a resident of California. AFFIDAVIT OF NONRESIDENT TRANSFEREE The Transferee (buyerr named above is a resident of and not a resident of the State of California. State Signed Date. (New Owner Legal Represenrative, Corporate Officer) L 1 PART Ill: PURCHASE PRICE & CRMS OF SALE A. CASH DOWN PAYMENT or Value VI Trade or Exchange [excluding closing cost) Amount S __ B FIRST DEED OF TRUST @ __ 041 Interest for __ years Payments/Mo.=S Amounr S ___ 0 FHA Fixed Rate New Loan Conventional 0 Variable Rate n Assumed Existing Loan Balan VA 0 All Inclusive D.T. (S Wrapped) 0 Bank or Savings 8t Loan 0 CaI-Vet 0 Loan Carried by Seller 0 Finance Company Balloon Payment 0 Yes No Due Date Amount S (Prin & Int. only) C. SECOND DEED OF TRUST@ - 06 Interest for - years Payments/Mo.=$ Amount S __ 0 Bank or Savings & Loan c] Fixed Rate 0 New Loan 0 Loan Carried by Seller Variable Rate Assumed Existing Loan Balanc' Balloon Payment 0 Yes 0 No Due Date Amount S Amount S - (Prin & Int. only) D. OTHER FINANCING-Is other financing involved not covered in (B) and (C) above7 0 Yes No Type Bank or Savings & Loan Fixed Rate 0 New Loan Loan Carried by Seller c] Variable Rate CI Assumed Existing Loan Balanc Balloon Payment 0 Yes c] No Due Date Amount S E. IMPROVEMENT BOND [rl Yes 0 No Outstanding Balance Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate G. WAS A BROKER INVOLVED INTHIS SALE? 0 Yes 0 No Please explain any special terms or financing and any other information that would help the Assessor understand the purchase price and terms of sale. @ - 06 Interest for - years. Payments/'Mo.=S (Prin & Int only) E commission if paid ) Total Items A through E. * PART IV: PROPERTY INFORMATION A. Is Personal Property (moveable items such as furniture, appliances, and equiptment) included in the Purchase Pricf (Att (other than a mobilehome subject to local property tax)? If 'Yes' enter the value of the personal property included in the purchase price $ of personal property). 0 Yes 0 No E. Is this property intended as your principal residence? 0 Yes NO If 'Yes', enter date of occupancy 19 -or intended occupancy ,- Month Dav Month C. Type of Property transferred: Single-family residence Agricultural Tir Multiple-family residence (no. of units: __. ) Co-op/Own-your-own [7 Mc 0 Commercial/lndustriaI c] Condominium 0 Ur Other (Description: D. Does this property produce income? 0 Yes c] No E. If the answer to question 'D' is yes, is the income from: F. What was the condition of the property at the time of sale? Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the pro! physical condition of the property, restrictions, etc. c] Lease/Rent 0 Contract 0 Mineral Rights 0 Other-explain: Good Average 0 Fair 0 Poor hat the foregoing IS true, correct and c he best of my knowledge and belief. Signe Please Print Name of New Owner/ Legal Representative/Corporate Officer (New Owner 'Legal Representative. Corporare Officer) Phone Number where you are available from 8 a.m.-5 p.m. ( 1 (NOTE The Assessor may contact you for furrher information ) If a documen: ev:de.nc:ng a charge of ownersrip s presented io :he recorder for recordarion without the concurrent filingof a prelimt change of ownersi-io reporr. the recorder may charge an additional recording fee of twenty dollars ($20). The additional fee shall nc charged if rhe oocumerit IS accompanied bv an affidavit inat the transferee IS nor a resident of California. AFFIDAVIT OF NONRESIDENT TRANSFEREE The Transferee ibuyeri named above IS a resident of and not a resident of the State of Califol State Signed Date (New Owner Legal Representative: Corporate Officer) AS-SV25 SEE-AS0 AH 502-A Back (1 2.871 rob-2 < e 0 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) BETWEEN ADELINA L. ALVARADO AND THE CITY OF CARLSBAD July 31,1990 0 0 TABLE OF CONTENTS Paqc 1 . Agreement of Sale/Price ................ 1 2 . Escrow ........................ 2 3 . Closingcosts ..................... 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 c 8 0 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Alvarado Property) This Agreement is made as of the day of 19-, by and between ADELINA L. ALVARADO (I1Seller1l) and THE CI' OF CARLSBAD, California, a municipal corporation (I1Buyertt). - R E C I T & L S: A. Seller is the Owner of that certain parcel of re property (the "Propertyt1) in the County of San Diego, State California, described in Exhibit A attached hereto and by th reference incorporated herein, consisting of 1.282 acres of vacan unimproved land. B. Buyer desires to acquire the Property to allow t design and construction of a municipal golf course and 0th municipal purposes. C. The parties, in recognition of the foregoing and t CITY'S power of eminent domain, desire to enter into an agreeme whereby Seller shall agree to sell and Buyer shall agree to buy t Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as folloh 1. Aqreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agrc 1 0 * to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). TI purchase price shall be paid by deposit of such sum into the escrc described in Paragraph 2 hereof in time to permit the closii thereof at the scheduled closing date. In no event shall said si be deposited later than two (2) working days prior to the close ( escrow. 2. Escrow. (a) Within three (3) business days after t execution of this Agreement by both parties, a signed copy of th Agreement shall be deposited by Seller with the Spring Mounta Escrow Corporation ( llEscrow Holder") (Attn. Billie Schafer, Escr Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to op an escrow to complete the purchase and sale herein contemplate Reference herein to the opening of escrow shall mean the date th a copy of this Agreement is deposited with Escrow Holder. By su deposit, Escrow Holder is hereby authorized and instructed to a in accordance with the provisions of this Agreement, whi Agreement, together with Escrow Holder's standard gener provisions which are attached hereto as Exhibit B and by th reference are incorporated herein, shall constitute Escrow Holder escrow instructions. other instruments and funds as are necessary to close the Escr and complete the sale and purchase of the Property in accordar with the terms hereof. Seller and Buyer shall each deposit such (b) This escrow is scheduled to close on or befc August 31, 1990. Time is specifically a matter of essence wj 2 0 0 respect to the closing and, notwithstanding anything to the contrary in the printed escrow instructions incorporated in th: Agreement, the closing date may not be extended except by mutui consent of the parties. (c) Buyer shall have the option, which shall 1 exercised on or before August 17, 1990 to terminate this Agreemei and all of its obligations incurred in connection herewith with01 liability of any kind, except that if Buyer should elect ' exercise its option to terminate, Buyer shall pay all costs terminate the escrow and legal fees incurred by SELLER. 3. Closina Costs. Closing costs shall be borne by t Buyer and Seller as follows: BUYER SELLER 0% Escrow Fees 100% 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 escr and Seller will be responsible for paying for all delinquent a non-delinquent property taxes. Buyer will take the steps requir to cancel property taxes after the date of the close of escrow. 4. Title. (a) Attached hereto as Exhibit C and by th reference incorporated herein is Continental Land Title Compa Preliminary Title Report number 138206-05, dated July 28, 198 which covers the Property. Seller has agreed to convey title 3 0 0 the Property to Buyer and Buyer agrees to accept title from Selle subject only to exceptions numbered three (3) four (4) and five (! set forth in said Preliminary Title Report which affect tl Property, which consist of a pipeline easement, amendments to covenant and a note regarding access to the Property, only. A other exceptions in said Preliminary Title Report must ' eliminated prior to close of escrow. Immediately after the openi of escrow, Buyer shall obtain a current preliminary title rep0 from Continental Land Title Company showing the current state title to the Property. Buyer shall have the right to disappro any exception shown on such report that is not shown on the rep0 attached hereto as Exhibit C. In the event that Buyer objects any such additional exceptions and Seller is unable to elimina such exceptions, Buyer shall have the right either to waive i objection to such exceptions and close the escrow subject to su additional exceptions or to terminate the escrow and all of i liabilities hereunder. (b) At the closing, Seller shall deposit into t escrow a Grant Deed fully executed and in recordable fc sufficient to convey to Buyer fee title to the Property. Said de shall recite that title is conveyed subject to only those lier! leases, easements, encumbrances, covenants, conditions a restriction and other matters of record set forth in subparagra 4(a) above or which may be approved by Buyer in accordance wi subparagraph 4(a), above. 4 0 0 (c) At the close of escrow and as a conditic thereto, Continental Land Title Company shall agree to issue a CL1 Standard Coverage Owner's Policy of Title Insurance, with liabilit in the amount of the purchase price for the property, showing tit: to the Property vested in Buyer or its designee, subject only 1 the exceptions approved by Buyer pursuant to subparagraph 4(i above. 5. Commissions. Buyer and Seller each represent 1 the other that they have not entered into any agreement or incurrc any obligation which might result in the obligation of the 0th party to pay a sales or brokerage commission or finder's fee this transaction and agree to indemnify, defend and hold each 0th harmless in the event such representations shall prove to untrue. 6. Attorney's Fees. In the event of any acti between Buyer and Seller seeking enforcement of any of the ter and conditions of this Agreement, or in connection with t Property, the prevailing party in such action shall be awarded, addition to damages, injunctive or other relief, its reasonab costs and expenses, including reasonable attorney's fees. 7. Notices. All notices under this Agreement shall effective upon personal delivery to Seller, Buyer or Escrow Holdc as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage fi prepaid and addressed to the respective parties as follows: To Seller: Adelina L. Alvarado 200 Olive Avenue--#2 Vista, CA 92083 5 0 e To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Directc Spring Mountain Escrow Corporatio: 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer To Escrow Holder: or to such other address as the parties may from time to ti. designate in writing. 8. Entire Asreement - Amendments. This Agreement and t items incorporated herein contain all of the agreements of t parties hereto with respect to the matters contained herein, and prior agreement or understanding pertaining to any such matt shall be effective for any purposes. No provisions of th Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authoriz representatives of each of the parties hereto, except that a modifications which relate to the adjustment of time limitatic (except the closing date) or to the form of documents may be ma by legal counsel to the parties. 9. Successors. The terms, covenants and conditic of the Agreement shall be binding upon and shall inure to t benefit of the heirs, executors, administrators and assigns of t respective parties hereto. 10. Assisnment. Buyer may not assign its rigk hereunder without the prior written consent of Seller. 6 0 a 11. Choice of Laws. This Agreement shall be governt by the laws of the State of California and any question arisii hereunder shall be construed or determined according to such la1 12. Waiver of Covenant, Condition, or Remedy. Th waiver by one party of the performance of any covenant, conditio1 or promise shall not invalidate this Agreement nor shall it 1 considered a waiver by him of any other covenant, condition, ( promise. The waiver by either or both parties of the time fi performing any act shall not constitute a waiver of the time fl performing any other act or an identical act required to performed at a later time. this agreement shall not be a waiver of any consistent remet provided by law, and the provision in this Agreement for any reme shall not exclude other consistent remedies unless they a expressly excluded. The exercise of any remedy provided 13. Interpretation of Aqreement. This Agreement sha be construed as a whole and in accordance with its fair meanin Captions and organization are for convenience and shall not be us in construing meaning. construed for or against either party. The language of this Agreement shall not 14. Survival. This Agreement shall survive the close escrow and shall remain a binding contract between the parti hereto. 15. Time. Time is of the essence of this Agreemen it being understood that each date set forth herein and t obligations of the parties to be satisfied by such date have be the subject of specific negotiation by the parties. 7 0 e IN WITNESS WHEREOF, Buyer and Seller have executed th. Agreement as of the date first above written. ATTEST: ADELINA L. ALVARADO o.QiziL 2, RwL3=.J\ GAL, Lp,@ d: fi c L,&7,L Aletha L. Rautenkranz, City Clerk L FOG ~, INCENT F. BIONDO, JR. 7,30,5+o. City Attorney -71-TplflP.ryl ::; L::: i”.:.d :J 1 _.i jj : niis-ailx:;; c~~~-is-j~ J&&& i k‘ m&&-v RORkY Pe‘EL16 - CCILli @R:ilA cJ 8 0 a LEGAL DESCRIPTION ALL THAT PORTION OF LOT "Dl' OF THE RANCHO AGUA HEDIONDA, IN THE COUNl SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14 1896, DESCRIBED AS FOLLOWS: BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH OO"14'00" 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 ?RE WITHIN THE GRANT TO SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED CHESTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER 0. GUNP DEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE 74"39'00" WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SO[ 18"27'00" EAST 267.00 FEET; THENCE SOUTH 54"42'40" WEST 308.62 FEET; NORTH 20"12'00" WEST 263.96 FEET; THENCE NORTH 54"35'00" EAST 317.15 TO THE TRUE POINT OF HEGINNING. EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BET' WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 I MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY. EXHIBIT "A" . . ... . . . . . . . 3f-I PO P "PI N ,-1 -m 'Y P q 0 9 EXHIBIT "A" ki 0 -@ P GENERAL PROVISIONS IT 1s MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVER, The close of escrow shall be the day documents deposlted In this escrow are recorded If the conditions of this escrow have not been complied with at the time provided for in these instructlc nevertheless to complete this.escrow gs soon as the conditions (except as to time) have been complied with, unl demand for the return of money and/or instruments by a party to this escrow is received by you prior to the rec instrument provided for in these instructions No notice, demand, or change of Instructions shail be of any effect unless given to you in writing and approved all parties affected by the same. If, before or after recording documents, you receive or become aware of any conflicting demands or clain "conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or property affected, you shall have the right to discontinue further performance on your part until theconflict is resolved to your In addition, you shall have the right to commence or defend any action or proceeding you deem necessaryfor theds of the conflict. A conflict shali be deemed to be your receipt of unilateral instructions or mutual instructions from si all of the parties to this escrow. Should any controversy arise between the parties to this escrow or with any third person, you shail not be iial action of any kind, but may withhold all moneys, securities, documents or other things deposited Into escr 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 deciare the provi instructions or to rescind them including, but not limited to: a suit in interpleader, whetheror not theaction is pros judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party in any such becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any r arising out of or in any way related to these instructions, whether or not suit is actually commenced, the parties jointly and severally agree to pay all of your costs, damages, judgments and expenses, including attorneys' fees, ir in connection wi!h the same. It is understood that the fees agreed to be paid for your services are for ordinary and usual services only, and s any extraordinary or unusual services rendered by you, the Undersigned agree to pay reasonable compensation 1 . extraordinary or unusual services, together with any costs and expenses which may be incurred by you in conn . same: and you are hereby given a lien upon ail documents, moneys and securities deposited in this escrow until yo . compensated or reimbursed. It is understood that in the event this escrow is cancelled. you will receive compen . services as you have rendered in connection with this escrow. Escrow holder shall not be hetd liable for sufficiency or correctness as to form. manner or execution or . document deposited into escrow, nor as to the identity, authority. or rights of any person executing them, nor for . party to this escrow to comply with any of the provisions of any agreement, contract or other instrument filed c . these instructions. The duties of escrow holder shall be limited to the safekeeping of money, instruments or ot . received by escrow holder and for the disposition of them in accordance with the written instructions accepted by The knowledge of escrow holder of matters affecting the property, provided such facts do not prevent compli . instructions, does not create any liabiiity or duty in addition to the responsibility of escrow holder under thes . Escrow holder shall not be obligated to make any physical examination of any real or personal property de . document deposlted Into this escrow. The parties agree escrow holder Is not making any represetltatlonswhatsc . said property. Escrow holder shall be under no obligation or liability for failure to inform the parties to this escrow regardin{ '. exchange, or other transaction of facts within the knowledge of escrow holder concerning the herein described pn: :. if does not prevent escrow holder's compiiance with these instructions. 1. Escrow holder shall not be concerned with giving any disclosures required by Federal or State law, inciudini 1. to. any disclosures required under Regulation Z pursuant to the Federal Consumer Credit Protection Act, theeffe ,. laws, ordinances or raguiations affecting any other property described In this escrow. The Undersigned joint I. agree to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by eith ;. respective agents or the failure of the padies to this escrow to comply with the rules and/or regulations of an 2. agency, state, federal, county, municipal or otherwise. Parties to this escrow have satisfied themselves outside J. transaction is not in violation of the Subdivision Map Act or any other law relating to land division, and escrow hd i. all responsibility and/or liability in connection with the same and is not to be concerned with the enforcemei 2. You are authorized and instructed to utilize the services of a sub-escrow agent, within the scope of Sectior 3. California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if neca 4. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brobers as rn 5. by them. includlng. but not limited to copies of all instructions and closing statements In this escroy. Escrow 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 design 8. Trust Account" with any local bank, without any liability for interest. All disbursements shall be made by check I 9. drawn on said account. Escrow holder shall not be obligated to identify or to guarantee the signature of an 0. checks. All documents and checks in favor of the parties shall be mailed, unregistered, to the addresses of the ri 1. set forth in these instructions. 2. These instructions may be executed in counterparts, each shall be deemed an original regardless of the da 3. delivered. and said counterparts shall constitute one and the same instrument. 4. The signature of the undersigned hereon and on any document(s) and instrurnent(s) pertaining to this escrc 5. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge receipt of 6 instructions. "XHT RT T "R" 0 bi~N PIENTAL LAND TITLE COMPA,., A SUBSIDIARY OF R LAWYERS TITLE INSURANCE CORPORATION 4542 PUFFNER STREET SAN DIEGO, CALIFORNIA 92111 4 Ab6 889 (6191 278-4171 Received Utili&/ 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 DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LP THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINSl WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NC PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAIC OR REFERRED TO AS AN EXCEPTION IN SCHEDULE 8 OR NOT EXCLUDED FROM COVE FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLIC' POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FOt SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLE! THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANI NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE A SHOULD BE REQUESTED. PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMI THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POL1 4. AMERICAN LAND TITLE ASS0 FXH T R T T " C" o SCHEDULE A * ORDER NO. 138206-0 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED T 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 CALIF0 COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION e SCHEDULE B e ORDER NO. 138206-05 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED E TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, 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 VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVEA 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 AFFECTS: AS FOLLOWS: OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWES QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTEI THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SE DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA; DEEDS THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND ME WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THE SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 349 TOWNSHIP 11 SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 2 RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALO AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAS WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NC THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECl TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUF HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNE 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 z PARALLEL TO THE SOUTH LINE OF SECTION 359 TOWNSHIP 11 SOUTH, RA AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4 SAN DIEGO COUNTY , CALIFORNIA. 4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF DE -.LH !@ ULE B PAGE NO. 2 y 4b ER NO. 138206-05 5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES N APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVED BY ANY OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SU PUBLIC ROAD OR HIGHWAY. NOTE NO. 1: IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE: CITY OF CARLSBAD PLEASE ADVISE US IMMEgIATELY IF THE NAMES ARE MISSPELLED, OR IF ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE. NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PUF AND THE AMOUNTS ARE: FISCAL YEAR 1988 - 1989 1ST INSTALLMENT: $20.09 PAID 2ND INSTALLMENT: $20.09 PAID PENALTY: $NONE PENALTY: $NONE EXEMPTION: $NONE IMPROVEMENTS: $NONE CODE AREA: 09015 LAND: $3 9857 00 PERSONAL PROPERTY: $NONE ASSESSOR'S NO: 168-020-17 NOTE NO. 3: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE INSURANCE RATE.