HomeMy WebLinkAboutAmerican Lutheran Church; 1987-10-20;0 0 1:
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1200 ELM AVENUE TELEf CAR LS BAD, CALI FOR N I A 92008 (619) 4:
Office of the City Clerk Qitn of Marlsbab
October 20, 1987
MacFarlane and Associates, Inc.
3078 North Park Way
San Diego, CA 92104
Re: Right-of-way Acquisition - La Costa Avenue - American
Lutheran Church
The Carlsbad City Council, at its meeting of October 13, 1987,
adopted Resolution No. 9259, accepting easement dedications
and authorizing compensation and payment of fees for right-of-way
acquisition for the La Costa Avenue improvment project.
Enclosed per instructions in Resolution No. 9259 are the following
described documents:
1. Original Easement for Public Highway from the
American Lutheran Church to the City of Carlsbad
APN: 216-110-22
2. Original Easement for Grading, Landscaping, and
Irrigation from the American Lutheran Church to the
City of Carlsbad; APN: 216-110-22
3. Original Escrow Instructions and Supplemental Escrow
Instructions which have been signed by Mayor Lewis
on behalf of the City of Carlsbad
4. Copy of Resolution No. 9259 which authorized the
above actions.
Ziii7iLi9 Deputy City Clerk
Encs .
ESCROW INST~IONS Fls
Eurow No 954435G
Dale August 26, 1987 La Costa Ave. Easements
W.O. Nos. 36022 L 3208 Esrrow Officer Kate Nemec
i SuDjec' :--Til Property
[See Paragraph 9 on General Provisions)
To FIRST AMERICAN TITLE INSURANCE COMPANY, hereinafter known as Escrow Ager t whose address IS 111 Ivy Street, San Diego, Ca 92101
=ffect the purchase of prOPeRy hereinafter described Buyer will pay total conslderatlcn as follows
,e' N i dePosil $
I depo.. t
a, yet wiii deposit through c L~( I
Odye, will procure new loar
Loan of Record to Remain (+proximale Balance)
New Purchase Price Loan to De Executed by Buyer
TOTAL CONSIDERATION s
and buyer will deliver to you any instruments and funds required from Buyer to comply wllh these InStruCtlonS a11 of which you are ac instruments have been Wed for record enabling you to obtai provided on or before insurance with the tltle cmrpary s exceptions having a liability of al least the lmount of the total consideration cover
County of Sari Diego Sldte of California described as follows
September 30, 1987
That portion of Lct 7 of Section 34, Townshlp 12 South, Range 4 West, San Bernardino Base and Heridian, in the County of San Diego, State of Californla and as more particularly described on the complete legal
description attached hereto and made a part heroof.
CITY OF CARLSBAD. a Municipal corporation
SHOWING TITLE VESTED IN
FREE FROM ENCUMBRANCES EXCEPT ONLY THE ITEMS NUMBERED BELOW
(1) Any general and special taxes Including any special levies payments for which arc Included therein and collected therewlth fC
not delinquent and taxes for the ensuing year if any a lien but not yet payable
(2) Bond assessment NONE
(3)
(4)
All taxes bonds and assessments levied or assessed subswuent to date of these Instructions lncludlng any SuDDlemental Ass
Covenants conditions restrictions rights of way easements and reservations, as des:rlbed In that certain preliminary title evidenc
herein
i EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS OF THE GE HEREOF AND APPROVES ACCEPTS AND WILL BE BOUND BY SAME AS THOUGH THE GENERAL PROVISIONS APPEARED OVER
The undersigned Buyer will pay on demand the buyer's customary charges (lncludlng bui not llmlted to, your escrow tees. charges fo ing documents Premium for new or additional huard Insurance lenders CharQeS lender's impounds and prepaid interest demand 11 a company charges) necessary to complete this transaction I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS
CITY OF C DI M ' ipal ration
BY : /&/TIL CLAUDE A. LEWIY,LM~YO+ JC
c/o 3078 North Park Way, San Diego, CA 92100
SELLER
I approve of the foregoing instructions and aQree to sell and wlll deliver to you pawrs, Instruments. andlor funds requlred from me (with1 specified herein) whlch you are authorized to deliver when you can issue your pollcy of tllla Insurance as set forth aWve I agree to pay taxes properly chargeable to me You are Instructed lo use the money and record the Instruments. to comply wflh said instrucl ~C--C~?:-.-?P ?f **p+ m~~s~sq ynlCnb$ f!mhrr anvnval includlno oreoavment oena1tles to lihow tltle as. herein orovlded I agree to pav YO fee draw ng of documents and suctl Other charges Which are adviiced for my ICCOuIIt f.3gaidless of the COnSUmmatlOn Of thus escrow pol~cy of title insurance premwm and recording 180s whlch are properly chargeable to me ana dooumentary transfer tax which you are trs deed and affix your signature thereto 11 required In the event this amount Is Incorrect. you arli authorized and mstrUC:dil to enter the Corm and deduct the additional cost therefore from funds accruing to my account In the event an Incorrect amount 18 anterea on the deed and I hereby hold you harmless and agree to relmburse you for any 1088 you may 8uat8ln by saltl amount blng Incorrect
THE AHERICAN LUTHERAN CHURCHI a non-profit corporation organized undei
the laws of the State of Minnesota
BY :
BY:
c/o 5731 P almer Way, Carlsbad, CA 92008
(PAGE ONE)
ecw NO 9544356 0 ~ata August 26, 1987
3NLY THE PQORATIONS AND/OR ADJUSTMENTS INDICATED BY AN "X" BEDW ARE TO BE MADE AS OF
: )
THFNa SHALL BE
Eldorra !~<e-m: on any purcnasi money deed of :rust notadaacrlbad aDove. ESCROW AGENT IS AUTHORIZED AND INSRUCIEO n
qinE AS TO PAYMELil AN3 OWE DATES A7 TIME OF CDSE OF THIS ESCROW, EVEN THOUGH SAME HAS BEEN PREVIOUSLY
cvora:e z+er?:: on loan of record 5asbd On stelsmelt of bnellclaq or agent.
, ~~ c : '9 0' ICLS o! rscord baiw on Danefic:aq's sIafam@nl shows lo w mora or '(31 :*,an Imoun! tJ. 'Onh ne'elnabovq adjust $1
~,,~~ge bGyer snd credli seiier with amount o! any funds ahown on tmneflclary'a statement IJ 'rnxrdndw lor liilure caynent of laxoh hu
:r F~A or :endsr'a rlik Insursncn
Prorare lax08 on real propeny. based On Information lurnlahed by Insuring :llle comp.Iny
Prorate 'enti based on mfafernenl to b4 lurnlshed by seller and approved by buyer
croratt) premium on existing huarC ~nsurance and make aaal0nmen! of same to buyer a~ close of :his eacro-, OR AT THE OmlON
iender app'oved lniurance coverage lor iuOiecl Pramlwh
Prprale Homwwners PISswial~on Dues and charge tellers lo brlng current per stilenren: 01 hsalallon or *pent Transler fee I(
L
)
: ] Prorate premium on FHA or Iender'r risk InsulanC4.
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INSTRUCTIONS:
A. The purpose of subject escrow is for the Seller herein to grant the City of Easement for Public Highway as described on Exhibit "A" attached hereto and
hereof and an Easement for Grading, Landscaping and Irrigation as described "B" attached hereto and made a part hereof.
B. The close of escrow is contingent upon the title being free and clear of lit encumbrances, easements, restrictions, rights and conditions of record or kr Seller, OR receipt of the City's written approval oE the exceptions to title
in a Preliminary Title Report to be issued and for,warded to the City. City'$
in writing, of the exceptions that are to remain 8:s shown in said Preliminai Report shall release this contingency.
C. The close of escrow is contingent upon the City Council of Carlsbad, at it
discretion, approving the purchase of property and authorizing the expenditur funds for the project. If necessary, Escrow Holder :is instructed to release
Grant Deed to the City for its acceptance by the City Manager as to form on1 delivery to title. The redeposit into escrow of the executed Grant Deed bear Manager's "acceptance" and the necessary funds shal:. constitute satisfaction
Manager's acceptance of the Grant Deed and authorii:ation of the City Council
shall release this contingency.
D. There is to be no prorations of property taxes and/or any adjustments by Esc Property taxes due or payable must be paid in full hy the Seller prior to th escrow with reimbursement, if any, beyond the close! of escrow to be refunded
County Tax Collector. In the event at close of escrow unpaid taxes exist, Se: cause to be handed to Escrow Holder proof of paymel;.t or shall cause to be ha1
Escrow Holder the necessary tax stubs and Escrow Holder shall pay same at the escrow, together with any penalties, if applicable, charging the Seller's acl same. Any tax payment overages will be reimbursed tc, Seller by the County of
Any property taxes which at the close of escrow are a "lien" on the property yet due and payable" will be prorated by the County Tax Collector and billed
(continued on pap BUYERS :
CLAUDE A. LEW'LS, -Mkyor
SELLERS :
TEE AMERICAN LUTHERAN CHURCH, a non-profit corporation organized under
the laws of the State of Minnesota
BY :
BY :
(PhQE TWO)
0
First American Title Insurance Compan
411 IVY STREET, (P 0 BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-17
Escrow No. 9544356 &te: August ,
Re: La Costa Ave. Easements, V.O. Nos. 36022 & 3208
Instructions in the above numbered escrow are hereby continued in the folloi particulars:
(continued from page 2)
D. Seller after the close of escrow.
E. The City agrees to pay all title and escrow charges in connection with this
together with trustee and reconveyance fees. The City 1s not to be charged d transfer tax, recording fees or change of ownership fees. These fees are to
END OF INSTRUCTIONS:
SELLERS:
THE AMERICAN LUTHERAN CHURCW, a non-profit corporation organized under
the laws of the State of Minnesota
BY:
BY :
GENERAL PRO~~)~INS * 1. Osposlt ot Funds & Dlsburrcrnsnts All funds received in this escrow shall be deposited In one or more of your general escrow accounts wlth any In the State of Cailfornia and may be transferred to any other general esciow account or accounts. All disburse!
by your check. You are authorized not to Close or disburse until good funds have been confirmed in escrow.
2. Pmrations end AdJustmantt T'le 8xpresslon "CloSe of escrow" used In thls escrow means lhe datcb of whlch Instruments referred to her
7 ,rations andlor adlustmenls ere to be made on the bask of a :May month unless othemise lnstrul
I .. . 4 .- ,',:-d$., %.is BIcIOw. the recordlng of which is nece!
relad only lo prorations andlor adjustments unless otherwise speclfled. '
x . .' \n st $ :.:rumento .-. .. C.' -.zed to record 3.1~
,! 1' ; ..:quested policy of !Id3 !I. i&ian:e.
4. Authodzsllon lo Execute Asdgnmenl of ,I :. 'rancc ?ollcler
You are to sxecute on behalf of the pzr.ios he:do form assignments of interest in any Insurance policies (othe
called for In this escrow; forward asslgnments and pol!cles upon close of Escrow to the agent with the request, I
sent to such transfer andlor attach a loss-payable clause andlor make suc? other addltlons or corrections as m
cally requlred herein, and second. that the agent thereafter forward such pollcles to the parties entltled to thc
In all acts In this escrow relating to insurance, InCIUdhG adjustments, If any, you snali be fully protected Ir
poilcy is In force and that the necessa?y r.:emlum therefor has been pald.
5. Authorlrstlon lo Furnlsh Copies You are to fumlsh a copy of lhese Instructions, amendments thereto, (:losing statements andlor any other I In this escrow to the lender or lenders, the ml eslate broker or brokers aridlor the aitorney or attorneys lnvolv~
upon request of the lenders, brokers or attorneys.
6. Penonaf Property Taxer
7. Rlght of Csncellallon
No examlnation or Insurance as to the amoun: or payment of personal property taxes is required unless s
Any party InstructinQ YOU lo cancel this escrow shall file notice of cancellatlon In your office. In writing. You sh,
time thereafter mail. by certified mall. one copy 0: the notice to each of the Other parties at the addresses stated
written objection to cancellation Is filed In your office by a party within ten (IO) days after date of mailing. you optlon to comply with the nolice and demand payment of your cancellation :harpes as provlded In thls agreema Is flled, you are authorized at your optlon to hold all money and instrument:s in thls escrow and lake no further
directed, elther by the panies' mutual writlen instructlons, or final order c.1 a court of competent jurlsdlctlon
The parties hereto expressly agree that you, as escrow holder. have lhe al)solute right at your electlon to flle a,
requiring the parties to answer and lltlgaie their several claims and rlghts among themselves and you are autt
the clerk of the court all documents and funds held in this escrow. in the event such action Is filed, the partle
agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are requi In the Interpleader action, the amount thereof lo be fixed and judgment Ihmnrefor to be rendered by the court.
action. you shall thereupon be fully released and discharged lrom all obligatlons to further perform any duties 01
Imposed by the terms of thls escrow.
(1. Action In Intarpleader
9. Tenlnrtlon of Agency Obllgatlons If there Is no action taken on thls escrow wlthln six (6) months after tho "tlme limit date" as set forth In tI
or written extension thereof, your agency obligation shalt termlnate ai your Option and a11 documents, monies
you shall be returned to the parties depositing same.
In the event of cancellation of this escrow. whether It be at the regues'l of any of the parties or otherwise
due First Amencan Title Insurance Company, Including expenditures lncurri3d and/or authorized shall be bornc hereto (unless otherwise agreed lo specifically).
10. Confllctfnp Instructions
Shouid you before or after close of escrow receive or become aware of any confllctlng demands of cialr
escrow or the rights of any of the partles hereto, or any money or property deposited herein or affected hert
right to discontinue any or all further acts on your part untll the conflict is re:solved to your satislaction, and yo right to commence or defend any action or proceedlngs for the determlnation of the conflict as provlded In para
General Provisions.
11. Funds Retained In Escrow
If for any reason funds are retained in escrow, you may deduct therefiom 520.00 as a monthly charge I!
You are not to be concerned with any question of usury In any loan or sncumbrances Involved In (he prc 12. usury
and you are hereby released of any responsibility or liability therefor.
Indemnlty for Attorneys Fees end Costs
In the event suit is brought by any party to this escrow, Including the !:It18 company or any other party or others, Including the titie company, claiming any right they may have as against each other or agalnst lh
that event, the parties hereto agree to indemnify and hold harmless the title cornpany rpalnSt any attorney's fees
Any Amendments or supplement to these escrow instructions must be 111 writing. These escrow InStruCtlc
13.
14. Amendments to Escrow Insttuctlonr
escrow between the escrow holder and the panles hereto.
15. Doposlt of Fundr Escrow holder shall deposll all funds received in this escrow In any bank dolng buslness In the State of C
aftillatid bank, Flrst Amerlcan Trust Company, In one or more of their Gener,nl Escrow Demand Accounts. Th
.( - .forred to spy other general escrow demand account or accounts. *.-.
TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS. If thls escrow IS. not in condltlon IO close by CIC
page 1 hereof, and demand for cancellation Is received by you from any paRy to this escrow after said date. YO!
with the cancellation lnstructlons contalned In the general provlslons on tho previous page hereof. If no de
made, you will proceed to close lhls escrow when the prlnclpals have COml,llftd wllh the escrow lnslructlo
*The Foreign Investment in Real Property Tax Act of 1980 as amended b! Act of 1984 places special requirements for tax reporting and wit.
parties to a real estate transaction where the transferors (Seller) it
alien or non-domestic corporation or partnership or is a domestic partnership controlled by non-residents or non-re.sident corporations I
The parties to this transaction are seeking their attorney's, accoun'
tax specialist's opinion concerning the effect of the Act on this tra
not acting on any statements made or omitted by the Escrow Holder.
0 0
FXHIBIT "A"
LEGAL DFSCRIPTIW FmFNXT FOR PUBLIC HLGHWAY
Cit:7 of Carlsbad
State of California
Thac portion of Lot 7 of Section 341 Township 12 South, Range 4 West, San 1 Base and Meridian, in the County of San Diegot State of California, accord
to the Official Plat thereof, lying within a strip of land 80 feet wide, 41
feet on each side of the following described centerline:
Commencing at the Northeasterly corner of said Lot 7; thence South 83O14'0 West along the Northerly line 663.77 feet: thence South Ol01O'53" West 69.(
feet to the TRUE POINT OF BF&INNING; thence South 88'49'07'' East 1.06 feet to the beginning of a tangent 1,400 foot radius cme cgncave Northerly; tt
Fasterly along said curve lhrough a centrdl angle of 12 35'05" a distance c
337.50feet; thence North 78 35'48" Fast 361.39 fee: to the Easterly line of
said Lot 7, said point being the POINT OF TERMINU:3.
The sidelines of said 80 foot wide strip of land shall be lengthened and/or shortened so as to @mirate Westerly in the Westerly line of the Easterly b
of said Lot 7 AND Fnsterly in the Fasterly line of said Lot 7.
TOGETHFJ? with the privilege and right to extend drainage' structures and exc
and embankment slopes 35 feet beyond the limits of the herein describe3 rig where required for the construction and mintenane? of said public Highway.
Excepting therefrom that portion South of the Sout.her1y right-of-way line o La Costa Avenue as shown on Road Survey #1796-65, said portion being within
the City limits of the City of Fncinitas.
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EXHIBIT "B" LFGAL DESCRIPTIOX
FASFs3ENT FOR GRADING, LANDSCAPING AND IRRIGATION
City of Carlsbad
State of California
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Base and Meridian, in the City of Carlsbad, County of San Diego, State of
according to the Official Plat thereof, described as follows:
BFGINNING at the Southeast corner of Lot 15 of said Section 34; thence ail
the Easterly line of said Lot 15, South oO"27'10" Fastr 8.55 feet; thence
7835'48" West, 369.13 feet to the beginning of a tangent, 1,360 foot rad
curve, concave Northerly; thence Westerly along the arc of said curve thrc
a central angle of 08224'58" a distance of 199.77 feet; thence non-tangen
to said curver North 67c41'25" Fast, 148.68 feet; thence North 83D14'07" E 425.21 feet to the POINT OF BFGINNING.
TOGETHER with the right of access to ingress and egress over, under and ac said Grantor's land to install (including his successors and assigns), cor
maintain, repair, replace, reconstruct, and inspect any structures or grac
deemed necessary for the mitigation requirements of the California Costal
and City of Carlsbad.
P
? /.fib( A nwr-ica 1) 7i’tlc on /.>a ij>r
S U P P LE M ENTAL ES C R 0 W i N STR U C: T IO N S
-
Escrow No 95443% San Diego, Callfornla Septembc (Sfarc) f ci [Y)
..- 4
THE ~DERSIGNED HEREBY APPRDVES THE P~REUMNWY ‘rIu REPORT
DATED Aucpst 31, 1987 COVERING See leqal descrlptlon
attached hereto.
ITEMS 1, 2, 3, 4, 5,6,-1, 8, 9, 10, 11&12.
TO SHW ON TITLE POLICY TO BE ISSUED AT CLOSE OF Em.
CITY OF CARLSBAD, a Municipal Cormration
BY: / CLA@E gd([b---M A. LEWIS, ayo
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I F
RESOLUTION NO. 9259
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING EASEMENT DEDICATIONS AND AUTHORIZING
COMPENSATION AND THE PAYMENT OF FEES .FOR RIGHT- OF-WAY ACQUISITION FOR THE CITY'S LA COSTA AVENUE
IMPROVEMENT PROJECTS
WHEREAS, the American Lutheran Church, d.b.a. the La
Community Church, is the owner of certain real property 1(
in San Diego County, California, and more particularly des(
in Exhibit A attached hereto and incorporated by ref(
herein; and
WHEREAS, the City of Carlsbad desires; to acquire a p(
of said real property for the purposes of its La Costa I
improvement projects:
NOW, THEREFORE, BE IT RESOLVED by the City Council c
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad
hereby accept the EASEMENT FOR PUBLIC HIGHWAY identif i
I Exhibit A and the EASEMENT FOR GRADING, LANDSCAPING
IRRIGATION, identified as Exhibit B from the American Lu'
Church, d.b.a La Costa Community Church, and hereby direcl
City Clerk to sign said documents. Following signature 0:
documents, the City Clerk is hereby directed to forward
signed documents to the City's authorized agent in
transaction, MacFarlane and Associates, Inc., 3078 Nortk
Way, San Diego, California, 92104 for recordation.
3. That the City Council of the City of Carlsbac
hereby authorize from the project account the expenditure (
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$600 for costs related to the policy of title insurance an
estimated escrow expenses required herein.
4. That the City Council of the City of Carlsbac
hereby authorize from the project account the expenditi
$10,914 as total consideration to be paid to the Am
Lutheran Church, d.b.a. La Costa Community Church, fc
conveyance of easement interests as set forth herein.
5. That the City Council of the (City of Carlsbac
hereby approve and authorize the Mayor and City Clerk tc
the attached ESCROW INSTRUCTIONS identified as Exhibit
attached SUPPLEMENTAL ESCROW INSTRUCTIONS identified as E
D and hereby directs the City Clerk to forward said
ESCROW INSTRUCTIONS to the City's authorized agent in
transaction identified in No. 2 above.
PASSED, APPROVED AND ADOPTED at a regular meeting c
Carlsbad City Council held on the 13th day of October
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lar.
/j I NOES : None Liii%!!/L ABSENT: None
CLAUDE A. LEWIS, Mayoi
j ATTEST: -L 2. 6?& ALETHA L. RAUTENKRANZ, City Ckerk
(SEAL)
TI,IS IPiSTRUMENT TO: 0
. CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAU, CA 92008
NO TRANSFER TAX DUE
CA~ILVA I n 0
SPACE ABOVE FOR RECORDER'.
a Dated thli 9th 0 dry or une
THE APfERICAN LUTHEUV C'IL'RC i
Chairman of its Board of Trus:ans
By + *2LZzrL
Executive S retary of 1:s Board of T.
SEE ATTACHED ACKNOWLEDGMENT
patroTy sppeored
Wltnesr my hand rnd
This Is to csrtlfy that the Intotart In rod proprty conveyed by the forrgolrv
the Clty of Carlsb,d, munlclpd corporrtlon Is herrby xcaptsd by tho CI ssld City of Carlrbrd, Callfornh purru8nt to Rsrolutlon No,
& /96;7, 8nd tho Grantee conrents to rrcotdatio~~ theroof by *"
I
&C%4#4 14 lF r7 8y -A &A&* r,C -CU
01 tod
0 0
EASEMENT
To City of Carlsbad
June 9, 1987
San Diego County, CA
STATE OF IU'ASHINGTON )
) ss
COUNTY OF m-f ,)
The foregoing instrument was acknowledged before me this ,/s E day of
Snr ~rn~'5it
I
-' /
/;LL?z
19q, by Donald R. Hall, the Chairman of its Board of Trustees of Tk'Amer:
Lut.eran Church, a Hinnesota not-for-profit corporation, on behalf of the
corporation. ,,A- -
1 '/ /''.,,/.:/. , I( ,, .y, , ,.' (<,,/;-L r
L 1, , . t": " i J- Y .I \ ,J/ &,k
Notary Pubric - I
%;ii.~cni;Sd, County, l~2-5,
My commission expires
>/hL. /:5 &t , 19
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN ) + The foregoing instrument was acknowledged before me this ygday of
199, by David H. Rokke, the Execucive Secretary of its Board of Trus ees o
Arne ican Lutheran Church, a YiRnesota not-for-profit corpcration, on behalf
the corporation.
--
&~Q-4---,
Hennepin County, Minnesota
My commission expires 'L.<2-.;>-,..k. . .) "zwth;C&.er'#.##O -
9 1'
08
-- ___
d I g-r 9
NOR7HEAST CORNER LOT 7
-&=-
Sa..€.- 1'; /OO'
d I 9-r 19
-
Y€€ DE TAL A0UVE
. /I637 SF.
WILLDAN ASIDCIATES
cO(J8ULTING EN<IINIELIIS PLAMERS W UU-auna u*iroo.c*trln w11w
PROPOSED a/& TO E mw~w 1-1 Am CITY of cflk?M8flO N T Y Of GVClNI TAS
TOTAL .. . . . . 3,Mf 9.~
- e&04 sf
EXHIBIT "A"
I I L
a
CITY CLEM
CITY OF CARLSAD
1200 ELM AVENUE CARLSAD, CA 92008
NOTRANSFER TAX M3E
0
0
Dated thls 9th dry of June
0
THE AMERICAN LUTHERAX CHGRCY
By : &,,
Chairman of its Board of Truscees
By : Q34LbUQa Da
Executive Secretary of its Board of
S E E ATTACH E 3 AC KN OWL E DGMEN T
pt r sona 1 Jy knows y
the perron(,) wh
Wltnerr my hand 8nd
Thla 1s to CertlfY that tho Intorort In rod proprty convoyaid by tha foragolng
the CltY Of Carhbad, 8 munldpd corporatlm Is hereby 8Ccapted by the Cltl
and tho Crsntor con3ents to rocordstlon thoreof by *I,
Wd city of Carlabad, Csllfotnla pursu@nt to Rerolutllon NO.
08t.d 0- /Lt/ /9p7 BY
1 em@
PROPOSED GRADING EASEMENT 1-1
AREA : 0.323 ACRES
A.P.N. 216-110-22
J
WILLDAN ASSOCIATES
mauutw EWINIELRS PLANNERS W uuo..rrmolymm --.ortin an iia
EXHIBIT "A"
I I #36022
a @I
ZASENENT
To City of Carlsbad
June 9, 1957
San Diego County, CA
STATE OF WASHINGTON )
) ss
COUNTY OF-,FH-6 )
3ns4cm;5i
Mr --,I
The foregoing instrument was acknowledged before me this /5 day of -~ !&.n +
1 ,//' // //- +y/ : - :id,L &;$ /L , / :,.iC.h':;i;
h L?W;5 4 ---
\!&?&& 1s- 9 19,
19u, by Donald R. Hall, the Chairman of its Board of T'rusEees of The Arneri
Lutheran Church, a Minnesota not-for-profit corporation, on behalf of the
corporation.
/'
Notary Public
,. . '.
County, ib3s 4
My commission expires
STATE OF MINNESOTA )
COUNTY OF HENNEPTN )
) ss
The foregoing instrument was acknowledged before me this 7 day of
19q by David It. Rokke, the Executive Secretary of its-Board =e of Tru ees of
Ame ican Lutheran Church, a Ninnesota not-for-profit corporation, on behalf c
the corporation. &4E$% u
Hennepin County, Minnesota
My commission expires . -. v .;.,+u:J;..&-- ..,. >**s-
9 19,
WoNs fL% >-- / /-y ESCROW INST
Sublecl Pro0 Escrow No 9544356
Dah August 26, 1987
Escrow Officer Kate Nemec
cc? La Costa Ave. Easements
W.O. Nos. 36022 h 3208
(See Paragraph 9 on General Provisions)
To FIRST AMERICAN TITLE INSURANCE COMPANY, hereinafter known as Escrow Agent whose address IS 111 Ivy Street, San Diego, Ca 92101
cffec' the purchase of property hereinafter described Buyer will pav total consideratlor as follows
/e' h I deposit s
I depo- t
ai ye[ will deDOSit through (Ljr I
Buyer will procure new loa'
Loan 0' Record to Remain wproximate balance)
Nee Purcnase Price Loan to De Execdted by Buyer
- 1's IC D' "ecosiled ?erein)
TOTAL CONSIDERATION s
provided on or before September 30, 1987 and buyer will deliver to you any instruments and funds required from Buyer to comply wit? these InstructIonS a11 of which you are au instruments naie been flled for record enabling you to obtair insurance With the title ctrpany s 3~ceptions having a liability of a1 least the amount of lhe tolal consideration Coverl
County of Sari Diego Sldte of California described as follows
That portion of Lct 7 of Section 34, Township 12 South, Range 4 West,
San Bernardmo Base and Meridian, in the County of San Diego, State of Californla and as more particularly described on the complete legal
description attached hereto and made a part hereof.
CITY OF CARLSBAD, a Municipal corporation
SHOWING TITLE VESTED IN
FREE FROM ENCUMBRANCES EXCEPT ONLY THE ITEMS NUMBERED BELOW
(1)
(2) Bond assessment NONE
(3)
(4)
Any general and special taxes including any special levies payments for which are Included therein and collected therewith, fol
not delinquenl and taxes for lhe ensuing year if any, a lien but not yet payable
All taxes bonds and assessments levied or assessed subsequent to date of these lrtstructlons Including any supplemental Ass1
Covenants conditions restrictions rights of way easements and reservations. as described In that certain preliminary title evidence
herein
1
~
The undersigned Buyer will pay. on demand the buyer's customary charges (Including, but lot limited to your escrow fees charges for mg docurnenls premium for new or additional hazard insurance lenders charges, lender'a mpounds and prepaid interest demand if a1 company charges) necessary to complete this transaction I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS
EACH PARTY SlGNlNG THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS. AND INSTRUCTIONS OF THE GEf HEREOF AND APPROVES ACCEPTS AND WILL BE BOUND BY SAME AS THOUGH THE GENERAL PROVISIONS APPEARED OVERT
CITY OF C Df M ' ipal ration
BY: ,,&/TtL CLAUDE A. LEWIY,L d= Mayof
c/o 3078 North Park Way, San Diego, CA 92104
SELLER
1 approve of the foregoing initructlons and agree to sell and wlll deliver to you papers, Instruments andlor funds requlred from me (wlthin specified herein) which you are authorued to deliver when you can issue your pollcy of tltle nsurance as set foRh above I agree to Pey taxes properly chargeable to me You are Instructed lo use the money and record the Instruments, to comply wlth said Instruct
?-?:-!,?*.-$? ?f r-nrd *weassrv w*hn.ci fltrthar anornual mcludlng oreoavment oenellles to show title as herein orovrded I agree to pay yo1 tee draH Tg of documents and sich other charges which are advanced for my account regardless of the consummation of this escrow I policv of titie msurance premium and recording fees whlch are properly chargeable to me and dwumentary transfer tax which you are 'PSI deed and affix your signature thereto If required In the event this amount Is Incorrect. you are authOrlZed and Instruc:~il to enter the Corrm and deduct the additional cost therefore from funds accrulng to my account In the event an lilcorrect amount IS enteraa on the deea and
I heteby hold you harmless and agree to relmburse you for any 1088 you may sustlln by sald amount being incorrect
THE AHERICAN LUTHERAN CHURCHl a non-profit corporation organized under
the laws of the State of Minnesota
BY :
BY :
C/O7731 P almer Way, Carlsbad, CA 92008
(PAGE ON€)
@Lo 9544356
DII~ August 26, 1987 0
ONLY TLiE PRORATIONS AND/OR ADJUSTMEN:S INDICATED 8Y AN "X" BELDW ARE TO BII MADE AS Of THFE SHALL BE '
wt on any 3urchare money deed of trus! note dracrltad awe. ESCRCW A3ENT IS AUIHORIZED AND INSIRUCTED TO
VOiE PIS TO PAYMELIT AN3 DUE DATES AT TIME OF CLDSE OF THIS ESCROW. EVEN iHOUGH SAME HAS BEEN PREVIOUSLY
'.ora!e ?!el,?: on loai cf record Das0.3 on slalement of bneflclar/ or agent.
, :L 9 :
1
-9 0' Ida* o! rscord based on beneiic.ay.a siatrment showato bs more or :eyf :hw arnouvt t~. ionh nerelnatou adjusl sa
C :arge bi;yer 2nd creddll I4ller wiln amounf o! any flincs ahwn on Wneflciaiy'l stalemdnt 13 'cxmdbd lo! fulurs Paynenl o! Iaxeb hU
ir F~A or :endw'r :!sk InsuTancL
Prorate lazes on real 3roperIy. baaod on Information lurnl8h.d by lnaurlng 1111e company
Prorate 'enfa baled on etatement io b4 furnished by aeller and ap3roved by buyer
Cro.a~e premium on .xlrllng nuarc Insurance and make aaalpnmsnl of Sam0 to buyer a1 close 01 Ihh escrow. OR A? THE OPTION
Ioncar aDc:oved lntu'ance coverage lOl s~bbcl Proml80b
Piprai4 ~ornbowner~ hsoolatlon Due, bnc charge aellers Io brlnp current per slalement of ~acciallon or *pen1 Transfer 180 to
)
! j Prorate premium on FHA or lender's risk Insurance.
: )
;
j )
8
INSTRUCTIONS:
A. The purpose of subject escrow is for the Seller herein to grant the City of ( Easement for Public Highway as described on Exhibit "A" attached hereto and hereof and an Easement for Grading, Landscaplng anti Irrigation as described
"B" attached hereto and made a part hereof.
B. The close of escrow is contingent upon the title be:.ng free and clear of lie
encumbrances, easements, restrictions, rights and conditions of record or kn
Seller, OR receipt of the City's written approval of the exceptions to title in a Preliminary Title Report to be issued and forwarded to the City. City's in writing, of the exceptions that are to remain as shown in said Preliminar
Report shall release this contingency.
C. The close of escrow is contingent upon the City Courdl of Carlsbad, at it discretion, approving the purchase of property and a.uthorizing the expenditurc funds for the project. If necessary, Escrow Holder is instructed to release '
Grant Deed to the City for its acceptance by the City Manager as to form onl: delivery to title. The redeposit into escrow of the executed Grant Deed bear: Manager's "acceptance" and the necessary funds shall constitute satisfaction
Manager's acceptance of the Grant Deed and authorization of the City Council shall release this contingency.
D. There is to be no prorations of property taxes and/or any adjustments by Esc: Property taxes due or payable must be paid in full by the Seller prior to thl escrow with reimbursement, if any, beyond the close of escrow to be refunded
County Tax Collector. In the event at close of escrow unpaid taxes exist, Sel cause to be handed to Escrow Holder proof of payment or shall cause to be har
Escrow Holder the necessary tax stubs and Escrow Holder shall pay same at the escrow, together with any penalties, if applicable, charging the Seller's acc
same. Any tax payment overages will be reimbursed to Seller by the County of
Any property taxes which at the close of escrow are a "lien" on the property,
Yet due and payable" will be prorated by the County Tax Collector and billed
(continued on page
BUYERS :
CLAUDE A. LEWFS, -?&yor
SELLERS :
THE AHERICAN LUTHERAN CIIURCH, a non-profit corporation organized under
the laws of the State of MiMeSOta m 'w By: BY :
(PAQE TWO1
a
First American Title Insurance Compan
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-17
Escrow No. 9544356 :,ate: August ;
Re: La Costa Ave. Easements, W.O. Nos. 36022 & 3208
Instructions in the above numbered escrow are hereby continued in the follor
particulars:
(continued from page 2)
D. Seller after the close of escrow.
E. The City agrees to pay all title and escrow charger; in connection with this together with trustee and reconveyance fees. The City is not to be charged d transfer tax, recording fees or change of ownership fees. These fees are to
END OF INSTRUCTIONS:
SELLERS :
THE AMERICAN LUTHERAN CHURCH, a non-profit corporat:ion organized under
the laws of the State of MiMesota
BY :
BY:
e GENERAL PROaNS
1. Deposlt of Funds & Dlrbursements All funds received in this escrow shall be deposited In one or more of your general e$crow accounts wlth any t
in the State of California and may be transferred lo any other general escrow account or accounts. All disburser
by your check. You are authorlzed not to close or disburse until QOOd funds have been Confirmed in escrow.
2 Pmratlons and Adjustmenti
The nxpression "Ciose of escrow" used In thls escrow means fhe date of whlch instruments referred to here
' 7 va!ions andtor adjustments are to be made on the basis of a 3May month unless otherwise lnstruc
I .- ../ +;a;: #.IS es8;iow. the recotdlng of which Is neces:
rslat<:s cnly to prorations andlor adlustmenis unless otherwise specified.
Y %n SI x. r.:ruments ~.. .. -.Zed to record 3.1y ... ,' !! - ..?quested policy of 11~3 ir.:,ran-e.
.I c.,
4. Aufhorlrollon to Execute Assignment ;f .i . 'rancr I'dlciei You hie to siecute on behalf of the pi:.i?s hereto form assignments of Iiiierest In any insurance policies (other
called for in this escrow; forward assignments and policies upon Close of e!;crow to the agent wlth the requesl, 11
sent to such transfer andlor attach a 1oas.payabie clause andtor make SUCE~ Other additions or corrections as ma
cally required herein. and second, that the agenl thereafter forward such ipoiicies to the parties entitled to the In all acts In this escrow reiatlng to Insurance. lncludlng adlustments, if any, you shall be fully protected In
pollcy Is in force and that the necessaiy p:emium therefor has been paid.
5. Authorization !a Furnish Copter
You are to furnish a copy of these lnstructlons. amendments thereto, closing stalements and/or any other d
In this escrow to the lender or lenders. the (Bal estate broker or brokers and/or !he attorney or attorneys involve
upon request of the lenders, brokers or attorneys.
6. Penonat Property Taxes
7. Right of Cancellation
No examination or Insurance as to the amounl or payment of personal property taxes Is repulred unless sp
Any party inslructing you to cancel this escrow shall file notice of canceli,itlon In your office, in writing. You sha
time thereafter mail. by certified mall, one copy of the notice to each of the OLher parties at the addresses stated 11 written objection to cancellation Is filed In your office by a party within ten (10) days after date of mailing. you I
option lo comply with the notice and demand payment of your canceilatlon c:harges as provided in this agreemer
1s ((led, you are authorized at your option to hold all money and Instruments in this escrow and take no further I
directed, either by the parties' mutual written Instructions. or final order 0'1 a court of competent Jurlsdictlon.
The parties hereto expressly agree that you, as escrow holder, have the absolute rlght at your election to file an requiring the parties to answer and litigate their several claims and rights anong themselves and you are authc
the clerk of the court ail documents at?d funds held in this escrow. In the event such action is filed, the partle: agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are requll
In the Interpleader action. the amount thereof to be fixed and Judgment theirefor to be rendered by the court. I
action. you shall thereupon be fully released and discharged from ail obligations to further perform any duties or Imposed by the terms of this escrow.
8. Actlon In Interpleader
9. lamination of Agency Obilgatlons If there is no action taken on this escrow within six (6) months after the "tlme limit date" as set forth In (h
or written extension thereof, your agency obligation shall terminate a1 your option and 811 documents. monies 1
you shall be returned to the parties deposi!ing same.
in the even! of cancellation of this escrow. whether It be at the request of any of the pan185 or otherwise.
due First American Title Insurance Company, Including expenditures Incurred and/or authorized shall be borne
hereto (unless otherwise agreed to specifically).
10. Contllctlng Instructions Should you before or after close of escrow receive or become aware oi' any conlilcting demands or clalrr
escrow or the rights of any of the partles hereto, or any money or property deposited herein or affected here right to discontinue any or all further ac!$ on your part until the conflict is re!;olved to your satisfactlon. and YOL
right to commence or defend any action or proceedings for the determination of the conflict as provided In parac
General Provisions.
11. Funds Retained In Escrow
If for any reason funds are retained in escrow. you may deduct therefrom $20.00 as a monthly Charge a:
You are not to be concerned with any question of usury In any loan or encumbrances Involved In the pro1
12. usury
and you are hereby released of any responsibility or liability therefor.
lndsmnlfy for Attomrys Fees and Cotls
In the event suit is brought by any party to this escrow, including the title company or any other party, 1 or others, including the title company, claiming any right they may have as against each other or against the
that event, the parties hereto agree 10 indemnify and hold harmless the title company against any attorney's fees
Any Amendments or supplement to these escrow instructions must be If wrlting. These escrow Instructlo
13.
14. Amendmen!$ Io Escrow Ins!rus!lont
escrow between the escrow holder and the parties hereto.
IS. lkpoal! of Funda
Escrow holder *hall deposit all funds received in this escrow in any bank doing business In the State Of Ci
affiliated bank. Flrst American Trust Company. In one or more of their Genernl Escrow Demand Accounts. Thl
, c ,?erred to any other general escrow demand account or acco~ints.
A'-.
TIME iS OF THE ESSENCE OF THESE INSTRUCTIONS. If this escrow Is not In conditlon to close by clo
page t hereof, and demand for cancellation ts received by you from any PBRy 13 this escrow after said date. you
wlth the cancellation lnslructlons contained In the general prOviSlOn3 on the. prevlous page hereof. If no den
made, you will proceed to close thls escrow when !he prlnclpals have com[ilied with the ascrow Instructlor
*The Foreign Investment in Real Property Tax Act of 1980 as amended by
Act of 1984 places special requirements for tax reporting and wit)
parties to a real estate transaction where the trinmferors (Seller) is alien or non-domestic corporation or partnership or is a domestic partnership controlled by non-residents or nowresident corporations c
The parties to this transaction are seeking their attorney's, account
tax specialist's opinion concerning the effect of the Act on this trar
not acting on any statements made or omitted by the Escrow Holder.
q,
+ *. ;. " .w
0 .I
4
EXHIBIT "A"
LEGAL DFSCRIPTIOIV FSSF.MF3" M3R PUBLIC HIGHWAY
Civy of Carlsbad
State of California
That portion of Lot 7 of Section 34, Township 12 Southl Range 4 Westr San
Ease and Meridian, in the County of San Diego, State of California, accord: to the Official Plat thereof, lying within a strip of land 80 feet wide, 4( feet on each side of the following described centerline:
Comncing at the Northeasterly corner of said Lot 7; thence South 83°14'0 West along the Northerly line 663.77 feet: thence South Ol"10'53" West 69.)
feet to the TRUE POINT OF BFLINNING: thence South 88O49'07" Fast 1.06 feet to the beginning of a tangent 11400 foot radius curve cgncave Northerly; tl Easterly along said curve ihrough a central angle of 12 35'05" a distance ( 337.50 fe: thence North 78 35'48" Fast 361.39 feet to the Fasterly line of said Lot 7, said point being the WINT OF TERMINU;:.
The sidelines of said 80 foot wide strip of land shall be lengthened and/or
shortened so as to temhte Westerly in the Westerly line of the Faterly k of said Lot 7 AND Fasterly in the Fasterly line of said Lot 7.
TCGETHFR with the privilege and right to extend drainage structures and exc and embankment slopes 35 feet beyond the limits of the herein described ric
where required for the construction and rmintenancs of said Public Highway.
Excepting therefrom that portion South of the Southerly right-of-way line c La Costa Avenue as shown on Road Swey #1796-651 said portion being within
the City limits of the City of Encinitas.
4 -%
0 0
EXH 18 IT " B "
LFGAL DESCRIPTUXJ FASF= FOR GRADING, LANDSCAPING AND IRRIGATION
City of Carlsbad
State of California
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Ease and Meridian, in the City of Carlsbadt County of San Diego, State of
according to the Official Plat thereof, describe8 as follows:
BFGINNING at the Southeast corner of Lot 15 of said Section 34; thence alc
the Easterly line of said Lot 15, South OO"27'10" Fast, 8.55 feet: thence 7835'48" Westr 369.13 feet to the beginning of B tangent, 1,360 foot rad curve, concave Northerly: thence Westerly along the arc of said curve thrc
a central angle of 0$24'58" a distance of 199.77 feet: thence non-tangeni to said curve, North 67c41'25" Fast, 148.68 feet: thence North 83°14'07" F
425.21 feet to the POINT OF BFGINNING.
TOGETHW with the right of access to ingress and egress over, under and ac
said Grantor's land to install (including his successors and assigns), cor wintain, repair, replace, reconstructr and insptsct any structures or grac
deemed necessary for the mitigation requirements of the California Costal and City of Carlsbad.
4
/-a*( .-I m c )rim // 7Tit/c ~orfij,u yr
SUPPLEMENTAL ES C R 0 W IN STR U C: TI 0 N 5
E~C~OW NO 954435G San Diego, California Septa IQI.l,l (Statc) .- -
rn ~~ERSIGNED HEREBY wpAwxzs THE prnu.11~~~~ 'rrm REPORT
DATED August 31, 1987 COVEFUNG See lwal descriptlon
attached hereto.
ITEMS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12.
To SHCW ON TITLE POLICY To BE ISSUED AT CLOSE OF ESCRCW.
CITY OF CARLSBAD, a Municipal Conmration
BY:
pq->u 6- BI*=WTC PLEAS2 WI.b*d LA L*wd .JRN