HomeMy WebLinkAboutAT & SF Railway Company; 1989-05-24;/ -
S-1232
03182
QUITCLAIM DEED
FROM
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO
CITY OF CARLSBAD
Covering certain real property situate in:
City of Carlsbad
County of San Diego State of California
Dated , 1989.
Reviewed and Accepted
DATE: 5/24/89
.’ -
OUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ATCHISON, TOPEKA AND SANTA FE RAILMAY COMPANY, a Delaware corporation,
hereinafter called "Santa Fe", hereby remises, releases and quitclaims to the
CITY OF CARLSBAD, a municipal corporation, all of its right, title and
interest in and to the following described real property:
A PARCEL OF LAND PARTIALLY IN THE CITY 0F CARLSBAD, ALL IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S PROPERTY IN
FRACTIONAL SECTION 20, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, AND THAT PORTION OF SAID RAILWAY COMPANY'S
loo-FOOT WIDE PROPERTY IN LOT "H" OF RANCH0 AGUA HEDIONDA, AS
SAID RANCH0 IS SHOWN ON PARTITION MAP NO. 823, FILE NOVEMBER
16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 19 IN
BLOCK 21 OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO
MAP THEREOF NO. 2013 FILED APRIL 6, 1927, IN THE
OFFICE OF THE RECORDER OF SAID COUNTY, SAID CORNER
BEING AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID
LA COSTA DOWNS UNIT NO. 1: THENCE ALONG SAID NORTHERLY
BOUNDARY SOUTH 69"33'55" WEST, 69.29 FEET (SHOWN AS
SOUTH 68"53'20" WEST 68.75 FEET, ON SAID MAP 2013) TO
A POINT IN THE EASTERLY PROPERTY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY, BEING THE
SUCCESSOR IN INTEREST OF THE CALIFORNIA SOUTHERN
RAILROAD COMPANY, WHICH WAS SHOWN ON MAP APPROVED BY
THE SECRETARY OF THE INTERIOR, MAY 12, 1881; AND
CONSTRUED IN 1882 ON THE LOCATION SHOWN ON SAID MAP,
SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH
69"33'55" WEST ALONG THE WESTERLY PROLONGATION OF SAID
NORTHERLY BOUNDARY, 55.03 FEET TO A POINT IN A LINE
PARALLEL WITH AND DISTANT WESTERLY 55.00 FEET MEASURED
AT RIGHT ANGLES FROM SAID EASTERLY LINE; THENCE NORTH
18"24'35" WEST ALONG SAID PARALLEL LINE 1182.51 FEET;
THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A
CURVE, TANGENT TO THE PRECEDING COURSE, CONCAVE
WESTERLY AND HAVING A RADIUS OF 907.00 FEET, THROUGH A
CENTRAL ANGLE OF 6"02'21" A-DISTANCE OF 95.60 FEET;
THENCE NORTH 24"26'56" WEST TANGENT TO THE PRECEDING
CURVE, 126.09 FEET; THENCE SOUTH 65'33'34" EAST, 14.62
FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN
lOO-FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO SAID
CALIFORNIA SOUTHERN RAILROAD COMPANY, RECORDED MARCH
10, 1881, IN BOOK 38 OF DEEDS, PAGE 171, RECORDS OF
. .
1 .
/ - L
SAID COUNT); THENCE SOUTHERLY ALONG LAST SAID EASTERLY
LINE TO A POINT IN THE SOUTHERLY BOUNDARY OF SAID
RANCHO; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY
TO A POINT IN FIRST SAID EASTERLY LINE; THENCE
SOUTHERLY ALONG FIRST SAID EASTERLY LINE TO THE POINT
OF BEGINNING.
SAID HEREIN DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 1.58 ACRES, MORE OR LESS.
IN WITNESS WHEREOF, Santa Fe has duly executed this Instrument
this day of , 1989.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
Its Senior Vice President- Finance and Chief Financial Officer
ATTEST:
Its Assistant Secretary
. . /’ - t -
. . STATE OF ILLINOIS)
1 5s. CXXINTYOFCDDK 1
On this day of 9 in the year
one thousand nine hundred and , before
me, 9 a Notary Public in and for said State,
personally appeared * personally known to me or
proved to me on the basis of satisfactory evidence to be the person who
executed the within instrument as the Senior Vice President-Finance and
Chief Financial Officer, and *
personally known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument as the
Assistant Secretary of the corporation that executed the within
instrument and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its Board of
Directors.
WITNESS, my hand and official seal.
Notary Public in and for said County of Cook State of Illinois
(SEAL) My Commission expires .
-#-
/ - . CAT. NO. FFOO108
ES 353 (2-82)
THIRD PARTY ESCROW INSTRUCTIONS FOR DEPOSIT OF FUNDS
Escrow No. II1175908
Date: March 30, 1989
Title Insurance and Trust Company
925 B Street San Diego, CA 92101
I hand you herewith my check for $ payable to your order.
I hand you herewithacheck from Encina Water -Pollution Control Facility
for $1 IL I UO(J l OO+ payable to the order of the undersigned depositor and endorsed
to your order.
These funds are not loan proceeds and are to be deposited immediately in this escrow
for the account of: mARLSBAD
(Principal)
Upon completion of the acceptance printed below, these funds are to be treated as the
principal’s funds and are to be used unconditionally on said principal’s instructions to
escrow.
You are hereby released of any responsibility to the undersigned depositor for the
disbursement of said funds or consideration therefor. ENCINA WATER POLLUTION CONTPOL FACILITY
BY:
ADDRESS: 6200 Avenida Encinas
(Depositor’s Signature)
Carlsbad, CA 92009 Betty Meyer
TELEPHONE: 438-3941
The foregoing is hereby accepted and approved this 30th day of IQrch
c/ -I’ (Principd’s’Signatu;e)
CLAUDE A. LEWIS, Mayor
,/- ...
; , .. ‘: 1 2, :$ i. . . j I :.yy “‘Y’ $,,rj
. . .._..
1 ,
/’ - CAT. NO. FFOOlO8
ES\ 353 (2-82)
THIRD PARTY ESCROW INSTRUCTIONS FOR DEPOSIT OF FUNDS
,
Escrow No. D1175908
Date: PIarch 30, 1989
Title Insurance and Trust Company
925 B Street San Diego, CA 92101
I hand you herewith my check for $ payable to your order.
thandyouherewith a check from Encina Water Pollution Control Facility
for $112 I UoO. Oo+ payable to the order of the undersigned depositor and endorsed
to your order.
These funds are not loan proceeds and are to be deposited immediately in this escrow
for the accountof:RLSBAD
(Principal)
Upon completion of the acceptance printed below, these funds are to be treated as the
principal’s funds and are to be used unconditionally on said principal’s instructions to
escrow.
You are hereby released of any responsibility to the undersigned depositor for the
disbursement of said funds or consideration therefor. ENCINA WATER POLLUTION CONTPOL FACILITY
BY:
ADDRESS: 6200 Avenida Encinas
(Depositor’s Signature)
Carlsbad, CA 92009 Betty Meyer
TELEPHONE: 438-3941
The fpnregoing is hereby accepted and approved this 30th day of March
19 by -*/;//' ., A-‘\
;;y$g.;~fyyjy L
(Principal’4 Signathej ‘- L
CLAUDE A. LEWIS, Mayor
my.-- ,- r! -7r..h
L-J. .
f- ‘=yplFafiy ,I ..,‘.r, _ ., ’ ..:. Ia
9 .
/ ’ , -
,i -
. GREGORY J. SMITH, ASSESSOR
SAN DIEGO COUNTY - PHONE: (619) 236-3163
1600 PACIFIC HIGHWAY, ROOM 103
SAN DIEGO, CALIFORNIA 92101-2460
PRELIMINARY
CHANGE OF OWNERSHIP 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/TRANSFEROR: ‘I”MF: A’J”rUTSnN; TnpRKA h SBIJTA FE
BUYER/TRANSFEREE: CITY OF CARLSBAD
ASSESSOR’S PARCEL NUMBER(S):
PROPERTY ADDRESS OR LOCATION: c n In
Mail Tax Information To: Name: Citv of'carlsbad NV-O NV-T
Address: 2075 Las Palmas Drive CSH PP Carlsbad, CA 92009 AREA
A Rdiminaw Chango in Ownership Report Mull bo filed with each wnvyanca in tha County Rma~rd~r’r omcaforthawuoumyvmntha~ iSlOWt#&thl*~lUfOllIJtTN)fbr
tpad in all 58 unmtiaa of Cd0mi~.
FORRECORDERSUSE
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For further information on your supplemental roll obligation, please call the Assessor Realty Division at (619) 236-3105. For information about this form, please call the Change in Ownership Section at (619) 236-3153.
PART I: TRANSFER INFORMATION Please answer all questions ‘_ ---. 0 Yes @No -.A. IS this transfer solely between husband and wife? (Addition of a spouse, death of a spouse, divorce
q Yes EfNo settlement, etc.)
8. Is this transaction only a correction of the name(s) of the person(s) holding title to the property?
:: ;:i ii%::
(For example, a name change upon marriage) C. Is this document recorded to create, terminate, or reconvey a lender’s interest in the property? D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g.,
q Yes &No cosigner)?
E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document7 OYes El’No F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor) remainsas one
q Yes D’No of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original transferor)?
0 Yes dNo H. Is this transfer of property: 1. to a trust for the benefit of the grantor, or grantor’s spouse?‘ q Yes ITNo ; ;;; @No 2. to a trust revocable by the transferor?. 3. to a trust from which the property reverts to the grantor within 12 years? MNV I. If this property is sub#ct to a lease, is the remaining lease term 35 years or more including writterr options? - Please provide any other infwmetion thet would help the Assessor to understand the nuture of the transfer. - yn-.-
IF YOU HAVE ANSWERED;%& TO ANY OF THE ABOVE QUESTIONS, PLEASE SIGN AND DATE ON THE BACK SIDE. IF YOU HAVE ANSWERED “NO” TO ALL OF THE ABOVE QUESTIONS, PLEASE COMPLETE BALANCE OF THE FORM.
PART II: OTHER TRANSFER INFORMATION
A. Date of transfer if other than,recording date
” Type of transfer. Please check appropriate box, ti h urc ase 0 Foreclosure 0 Gift 0 Trade or Exchange Cl. Contract of Sale - Date of Contract Cl Inheritance - Date of Death 0 Other: Please explain:
Cl Creation of a Lease: 0 Assignment of a Lease: 0 Termination of a Lease: Date lease began
Original term in years (including written options) Remaining term in years (including written options)
C. WAS ONLY A PARTIAL INTEREST IN THE PROPERTY TRANSiERRED? q Yes WNo
If “Yes” indicate the percentage transferred:
AS-SV25 SYE-AS0 AH 502-A Front f7-86)’ DIFA~~ COMPLETE AND RI-,TURN
-.
Please answer: to the best of your knowk- al1 applicable questions, sign and date. jf a , ,tion does not apply, indicate with *‘h
. PART III: PURCHASE PRICE 81 TERMS OF SALE
A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost) Amount s
B. FIRST DEED OF TRUST @ - % Interest for -years. Pymts/Mo = $ - (Prin & Int only) Amount S Cl FHA 0 Fixed Rate 0 New Loan 0 Conventional 0 Variable Rate 0 Assumed Existing Loan Balance Cl VA : 0 All Inclusive D.T. ($ Wrapped) 0 Bank or Savings & Loan 0 Cal-Vet Cl Loan Carried by Seller El Finance Company Balloon Payment 0 Yes 0 No Due Date Amount 8
C. SECOND DEED OF TRUST @ - % Interest for -years. Pymts/Mo = 9- (Prin & Int only) Amount 8 q Bank or Saving #I Loan 0 Fixed Rate 0 New Loan Cl Loan Carried by Seller 0 Variable Rate 0 Assumed Existing Loan Balance Balloon Payment 0 Yes 0 No Due Date Amount $
D. OTHER FINANCING - Is other financing involved not covered in (b) and (c) above) 0 Yes 0 No
Type @ - % Interest, for -years. Pymts/Mo = 8 ---(Prin 81 Int only) Amount 8 0 Bank or Saving 81 Loan 0 Fixed Rate Cl New Loan El Loan Carried by Seller 0 Variable Rate El Assumed Existing Loan Balance Balloon Payment 0 Yes 0 No Due Date Amount 8
E. IMPROVEMENT BOND 0 Yes 0 No Outstanding Balance Amount $
F. TOTALPURCHASEPRlCE( or acquisition price, if traded or exchanged, include real estate commission if paid.) Total Items Athrough E.t
Please explain any special terms or financing and any other information that would help the Assessor
Fi
understand the purchase price and terms of sale.
PART IV: PROPERTY INFORMATION ; 1
A. Is Personal Property included in the Purchase Price? c (Other than a mobilehome subject to local property tax)7 0 Yes @No “- . ““’
1’
If ‘YES’ enter the value of the personal property included in the purchass pries 8” -’ (Attach itemized list of
personal property)
B. Is this property intended as your principal residence?. 0 Yea. dNo -’ ‘*., - ’ If yes, enter date of occupancy , -19,‘or intended &cupanq ,-19-
Month. . Day . ..- Month Day
C. Type of Property transferred: 0 Single-family residence 0 Agricultural 0 Timeshare
0 Multiple-family residence (no. of units: ) 0 Co-op/Own-your-own. 0 Mobilehome
0 ommercial/lndustrial
Et Other (description: ibAd R ;&-of-m\/ 0 Condominium. z 0 Unimproved lot 1 I
01 Does this property produce income7 0 Yes 0 No ..: ., .: ., . : ’ :. .y I?..
E. If the answer to question D is yee, is the income from:: _ t. .‘. ,, * . . .*./* i :
0 Lease/Rent 0 Contract 0 Mineral rights 0 Other& explain: ” ” :
Enter here,or on an attached sheet,any,other information that would assist the’Assesao&determining value of the property such as the physical condition of the property, restrictions, etc.
. T
CLAUDE A. LEWIS, Mayor
Phone number where you are available from 8 a.m. - 5 p.m: 6 CITY OF CARLSBAD ‘. ) .*
(NOTE: Thm Aasosaor m5y contact you for furthoc Information.)
lf 5 document evidencing‘s ch5nQe of ownership I5 prstsnted to the rscordorfor rocordatlonwfthout thoconcurr5ntfllMJ of 5pr5liminerychangeof ownershipreport.therecordermaychargoanadditionalr5c#dtn~f~~twsntyd~l5r5~~ 20). -The additional fee shall not b5 charged if the document is accompanied by an affidavit that th0 tranderea 15 not 5 rerident Of
California
AFFIDAVIT OF NONRESIDENT TRANSFEREE
The Tranferee (buyer) named above is a resident of and not a rerident of the State of Callfornla.
Stms
~ Signed Date
(New Ownrr/LeOsl Repre~ntrtlvr/Corpor5to Officrr)
.
July es/46
\
_.+ I 1 ,.- -- ‘J FxHfBI_T “8”
JZXiIX 1. SC3UYLZh a rid TdE ATCHISQN, TOPa wEu) i5rrl.T~ FE MLi?AT ZO1LAY, a btnraa Corp
NO c c R & H aloloo mv $1.65
An imeg shaped per0 0r ld near Xnainlta8, in *ho 00 0r SD, being a por of lots 1 and 2 in Sea 20, Twp 12 8, R 4 II, S.B.B.P., SC pero being bded by the toll deeo IArt On the N by the S 11 of Bbo Agua Hedionde aa rd 3 11 rrr’eetb 5/5/13 by aoreo ofttls Superior Court of SD 00 in that oert AOUon 16830 entitled wKelly Inremtment Ccxnpny ~8~ Clirenaa I3ryton Ull- man and DeeaLe Olive Hlllmanm; r/r, of the Atohiron, on the E by tb wly u of .the eoo r0 . Topeka bnd Sante Fe Railway Cmpmny; on the S by the N li of the S 60 eorrra of the toll demo prop teken as a- whole: Lot 2 in Stc 20, the S3: of the SEf of Se0 20, and the SSt of the saj or sea 21,. ~11 In Twp 12 9, H 4 :% S.B.B.E.; and bded on t-is H by the fcrlldes~ lit BAP in the E 11 of Lot linsd
CUNT'D J
July 23146
f3ROT F'VD #2 YJwnL
'Se0 2 Ust thereon S aQo 03' 40' E 615.92 it fr the C/l of State Eighaay .as snm on Lice Survey~k~a B&p 339, filed ho; th 5iily in s dir ot lin 16GO ft E/l to ti;e X!71y COT of Lot 1 in alk 22, La Costa una UriLt ~1, act to Z'ep 2013, reos of s3. Co; ad ptro cants tin aeh of 4.1 6cre6, m/l
ALSO Lots Kos. 1, 7, 6, 3, 10 and 11 in Xk 22 La Costa iJoan Unit $1, hoc to i..bF 2015, fil*. ;1 ko 4/6/k7.
6/2O/C6
.
- CAT NO. FFOO,lO5, ’ ES 354 4 CA (4.88) / -
’ . ESCROW INSTRUCTIONS
(continued)
TO: Ticor Title Insurance Company of California
GENERAL PROVISIONS
1
2.
3.
4.
5.
6.
7.
8.
9.
10.
All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts
of Ticor Title Insurance Company of California, with any state or national bank, and may be transferred to any other such
general escrow account or accounts. All disbursements shall be made by check of Ticor Title Insurance Company of
California. Ticor Title shall not be responsible for any delay
in closing if funds received by escrow are not available for immediate withdrawal.
All prorations and adjustments called for in this escrow are to be made on the basis of a 30 day month unless otherwise
instructed in writing. You are not responsible for any payment, adjustment or proration of a Homeowners
Association (or similar) charge, fee or unrecorded lien unless
set forth in the escrow instructions. The phrase “close of escrow” (or COE or CE) as used in
this escrow means the date on which documents are recorded, unless otherwise specified.
Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy of title insurance called for, is authorized.
You are authorized to furnish copies of escrow instructions,
supplements, amendments or notices of cancellation and closing statements in this escrow to the real estate broker(s)
and lender(s) referred to in this escrow.
You are authorized to execute on behalf of the principals hereto, form assignments of interest in any insurance policy
(other than title insurance) called for in this escrow; forward assignment and policy to the agent requesting that insurer
consent to such assignment and attach a loss payable clause or such other endorsements as may be required, and to
forward such policy to the lenders and principals entitled thereto.
If-a demand to cancel is submitted after the time limit date, any principal so requesting you to cancel this escrow shall
file notice of demand to cancel in your office in writing.
You shall within three (3) working days thereafter mail by
certified mail one copy of such notice to each of the other
principals at the addresses stated in this escrow. Unless
written objection thereto is filed in your office by a principal
within fifteen (15) calendar days after date of such mailing,
you are authorized to cancel this escrow. If written objection is filed with you, you are authorized to hold all money and
documents in this escrow and take no further action until otherwise directed, either by the principals’ mutual written
instructions or by final order of a court of competent jurisdiction. If this is a sale escrow, you may return lender’s
papers and/or funds upon lender’s demand.
No examination or insurance as to the amount or payment of personal property taxes is required unless specifically
requested. Delivery to escrow of all notices, communications and
documents are required to be made timely at the office of
Ticor Title Insurance Company of California set forth on page 1 of these instructions.
The principals hereto expressly agree that you, as escrow
holder, have the absolute right at your election to file an action in interpleader in a court of competent jurisdiction
requiring the principals to answer and litigate their several
claims and rights among themselves and you are authorized
to deposit with the clerk of the court all documents and
funds held in this escrow. In the event such action is filed,
DATE: March 30, 1989
ESCROW NO.: D1175908
PAGE NO.: 4
11.
12.
13.
14.
15.
16.
17.
18.
19.
the principals jointly and severally agree to pay your can- cellation charges and costs, expenses and reasonable
attorney’s fees which you are required to expend or incur
in such interpleader action, the amount thereof to be fixed and judgment to be rendered by the court. Upon the filing
of such action, you shall thereupon be fully released and discharged from all obligations to further perform any duties
or obligations otherwise imposed by the terms of this escrow. In the event of cancellation of this escrow, the fees and charges due Ticor Title Insurance Company of California,
including expenditures incurred or authorized shall be paid
from funds on deposit unless otherwise specifically agreed to or determined by a court of competent jurisdiction.
In the event of cancellation of this escrow, you are authorized to demand payment of your charges and, on payment thereof,
return documents and monies to the respective parties depositing same or for whose benefit an unconditional
deposit was made; and to void executed instruments. If there is no written activity by a principal delivered ‘to this
escrow within any six-month period after the time limit date as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option
and all documents, monies or other items held by you shall be returned to the respective parties entitled thereto, less
fees and charges herein provided.
Upon receipt of any conflicting instructions, other than cancellation instructions described in paragraph 7 above,
you are ilo longer obligated to take any further action in connection with this escrow until further concurring
instructions are received from the principals to this escrow. You are not to be concerned with any questions of usury
in any loan or encumbrance involved in the processing of this escrow and you are hereby released from any
responsibility or liability therefor. You are to be concerned only with the directives specifically
set forth in the escrow instructions and amendments thereto,
and are not to be concerned or liable for items designated
as “memoranda” in the within escrow instructions nor w.ith
any other agreement or contract between the parties.
You are not required tb’ submit any title report issued in connection with this escrow to any party or agent unless
directed to do so by written mutual instructions. You may,
however, do so without incurring liability to any party for such submission. You are hereby authorized to submit such
reports to any proposed lender. You are authorized to destroy or otherwise dispose of any
and all documents, papers, instructions, correspondence and
other material pertaining to this escrow at the expiration of seven years from the close of escrow or cancellation
thereof, without liability and without further notice to parties
to the transaction. You are released from and shall have no liability, obligation
or responsibility with respect to (a) withholding of funds
pursuant to Section 1445 of the internal Revenue Code of 1954 as amended, and to Sections 18805 and 26131 of
the California Revenue and Taxation Code, (b) advising the
parties as to the requirements of such Sections, (c)
determining whether the transferor is a foreign person under such Sections, nor (d) obtaining a non foreign alfidavlt or
other exemption from withholding under such Sections nor
otherwise making any inquiry concerning compliance with
such Sections by any party to the transaction.
\ L I - ESCROW INSTRUCTIONS
TO: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA DATE: MARCH 30, 1989 925 ‘B’ STREET SAN DIECO, CALiFORNIA 92101 ESCROW NO: D1175908
PAGE NO: 1 ESCROW OFF1 CER : LORETTA STEPHENSON TELEPHONE NO: (619) 544-6260 .
SECTION I
THE ATCHISON, TOPEKA 6 SANTA FE Seller(s) herein will hand you a deed conveying the property described herein to vestee named below;
CITY OF CARLSBAD Buyer(s) herein
(X) and will hand you prior to JUNE 30, 1989
the sum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 172,OOO.OO TO COMPLETE A TOTAL PURCHASE PRICE OF.,........,...$ 172,OOO.OO
SECTION II
You are authorized to deliver and/or record all documents and disburse all funds when you will issue your current form of CLTA STANDARD OWNERS policy of title insurance (and if
required, lender’s endorsement No, 48 affixed thereto and/or a separate lenders policy ) with liability in the amount of the purchase price or amount of liability required by
lender, whichever is greater, on the real property described as:
AS PER EXHIBIT "A" ATTACHED HERETO FORMING A PART HEREOF
SHOWING TITLE VESTED IN
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
SUBJECT TO:
( 1) Real Property General and special taxes for the CURRENT fiscal year 1989-1990 and subsequent years, including reassessments if any and including any special district levies or personal property taxes, payment for which are included therein and collected therewith,
and improvement bond assessments, when applicable,
(la) The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California.
( 2) Covenants, conditions, restrictions, rights of way, easements and reservations of
record,
SECTION III
1. PRORATE or adjust the following items as indicated to : NO PI?OPRATIONS IN ESCPOI..
(X) Real Property Taxes based on tax statement without regard to any reassessments or
subsequent changes.
2. HAZARD/FIRE INSURANCE :
(X) No hazard, peril or liability insurance policy is to be obtained or transferred through
this escrow, and escrow holder is not to be held responsible or liable in connection herewith.
SECTION IV
This escrow and the buyer’s and seller’s obligations herein are contingent upon the
buyer’s approval to escrow of the items in the preliminary report of title to which the
buyer’s title will be subject within FIFTEEN calendar days of the mailing and/or
delivery thereof by escrow holder to a buyer at his/her address hereinafter set f’orth.
If written disapproval of any matter is not delivered to escrow holder within the time specified above, then all such matters shall be deemed approved and this contingency
satisfied.
You are authorized to obtain demand(s) and reconveyance(s) of existing encumbrance(s)
not to remain of record and to pay said demand(s) on seller’s approval at close of escrow.
Buyer will hand you before close of escrow a completed ‘Preliminary Change of Ownership
Report’ which you are instructed to file accompanied by the Deed with the County Recorder ; or, in the absence or rejection of said form by the County Recorder, due to deficiencies therein, you will pay from buyer’s funds an additional $20.00 to the
Recerder if required, that QsCrQW holder does nst have sufficient
information to comple not be required to furnish information
therefor.
-4 . / -
Seller is aware that pursuant to the provisions of Section 6045 et seq of the Internal Revenue Code of 1954 and the Tax Reform Act of 1986 effective January 1, 1987, Seller
must furnish Escrow holder with tax reporting information required by the Internal Revenue Service , prior to the close of escrow, in order for Escrow Holder to report the
sale of subject property at the close of escrow. Buyer and Seller are aware and do hereby acknowledge that this escrow will not be in a position to close prior to escrow holder's receipt of a completed form W-9 containing such information.
The principals are aware that California Statutes allow the Tax Assessor to re-assess property throughout the fiscal year, which may result in additional taxes being due. In the event Seller has either acquired title to said property or made any improvements to same subsequent to the issuance of the now current tax bill on said property by the County Tax Collector, the parties herein mutually agree to adjust outside of escrow, any supplemental bill(s) and/or additional assessments resulting from same. Buyer is aware that the property will be re-assessed at the close of escrow and a supplemental bill may be issued by the County Tax Collectorts office. Any such bill resulting from
such sale will be the sole responsibility of the Buyer named herein.
***************~*~**~**u*~***~****~***~***********~~**************************
NOTICE
WHEN REMITTING FUNDS TO ESCROW FOR CLOSING PURPOSES, WHICH FUNDS MUST BE SUBMITTED NO
LATER THAN THE BUSINESS DAY PRECEDING RECORDATION AND CLOSE OF ESCROW, WE RECOMMEND ONE
OF THE FOLLOWING WAYS:
A) HAND TO TICOR A CASHIERS OR CERTIFIED CHECK MADE PAYABLE TO TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, AND DRAWN ON A CALIFORNIA BANK, (PLEASE CONFIRM AT TIME OF OBTAINING THE CASHIERS OR CERTIFIED CHECK THAT THIS IS IN FACT THE CASE), OR;
B) HAVE FEDERAL FUNDS WIRED TO TICOR'S BANK, OR;
C) DIRECT DEPOSIT THE FUNDS INTO TICOR'S BANK.
D> U.S. CURRENCY (PLEASE ADVISE IF THIS IS THE FUNDING DEVICE.)
FAILURE TO MEET ONE OF THESE CONDITIONS MAY CAUSE A DELAY IN CLOSURE OF THIS
TRANSACTION DUE TO COMPLIANCE WITH CALIFORNIA INSURANCE CODE SECTION 12413, ET SEQ
(SENATE BILL 1550).
IF YOU SHOULD HAVE ANY QUESTIONS CONCERNING CLOSING FUNDS, PLEASE CONTACT YOUR ESCROW
OFFICER.
J&d&
ii-i I 0 -- : * -....._l--..--*
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ESCROW INSTRUCTIONC
(continued)
TO: Ticor Title Insurance Company of California DATT: Eiarch 30, 1983 Escrow No. D1175308 Paqe 3
SHOULD PARTIES HAVE ANY QUESTIONS CONCERNING THE SIGNING OF DOCUMENTS OR THE INTERPRE-
TATION AND LEGALITY OF THESE INSTRUCTIONS, THEY ARE ADVISED TO CONSULT THEIR ATTORNEY.
Upon close of escrow you are authorized to charge our respective accounts the costs attributable to each,
including but not limited to the following as indicated below or in accordance with our respective estimated
statements attached hereto and made a part hereof. Seller Buyer
Owners Title Insurance Premium 730.00 Lenders Title Insurance Premium
Escrow Fee 694-00
Reconveyance Fee
Recording Fees , if any X Document Preparation
Loan Tie-In
Documentary Transfer Tax as required if anv X
insurance Premium none
I I
I I
THE GENERAL PROVISIONS ATTACHED ARE HEREBY INCORPORATED AND MADE A PART OF THESE
INSTRUCTIONS.
Time is oj:keesjye of ;gheyj?9 instructions. If this escrow is not in condition to close by the TIME LIMIT DATE of , and written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with Paragraph 7 of said General Provisions. In the event one or more of the General Provisions is held to be invalid in judicial proceedings, the remaining respective General Provisions will continue to be operative. Any amendments of or supplements to any instructions affecting escrow must be in writing. Signatures on any documents and instructions pertaining to this escrow indicate the signer’s unconditional approval thereof. Principals will hand you any funds and instruments required from each respectively to complete this escrow.
If no conflicting instruction or demand for cancellation is made, you will proceed to close this escrow and record documents
when the principals have complied (and you are able to comply) with the escrow instructions. These instructions may be
executed in counterparts, each of which shall be deemed an original regardless of date of execution or delivery, and together shall constitute one and the same document. If these instructions relate to a sale, buyer agrees to buy and seller agrees
to sell upon the terms and conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the respective addresses shown below, unless otherwise directed. In these instructions, whenever the context so requires. the masculine gender includes the feminine and or neuter, the singular number includes the plural.
If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals and/or their respective agents of such non payment.
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A KANSAS CORP.
BY:
CITY OF CARLSBAD
L I CLAUDE A. LEWIS, Mayor
Current 3230 E. IMPERIAL HWY 8100
Address MEA
CA 92621
[Zip Code)
Current 2075 LAS PALMAS DRIVE
Address CARrSRAn
CA 92009
ATTN . FRW RnF.NC:H
(ZIP Code)
Telephone U3%llf,l Xu?95
3230 E. IMPERIAL HWY #l'JO Address *a
After Close iA 92621 of Escrow (ZIP Code)
2075 LAS PALMAS DRIVE
Address ~5
After Close CA 92009
of Escrow (Z1p Code)
CAT NO FFOO106 ES 35.1 3 r.4 .: 29
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/ - July M/a6
. I
I - -- _I
JZSSIS I. %ZJYLI% a rid
NOCCR&H
U(HfB!T ll&y (9)79091 DEED
TriES r;TCHISON. TOPW AND Sd.Ti; FE FcAIiiil\y ;OLLAY,
a Kanaae Corp
m&o REV 31.65
An lrreg shaped pam 0r ld near m5lnltar, in the 00 0r SD, being a por or lots 1 anci 2 in Sea 20, Tup 18 8, B 4 U, S.B.B.bl., 8~ pare being bdad by the toll dseo lir; On the N by the S li of Rho Agua Hediondr (LB rd 9 11 rrr'oetb 6/5/13 by aoreo 0r t&e Superior court 0r SD a0 in that eert AOUon 16030 entitled wKelly lnrestment Company va. Clarsnea ayton Hill- man and DeeaLe Oliue HllJman"; r/rr or t;'bb Atohlaon, 0~ th0 E by tb ny u 0r.tb eoo r0 . Topeka lind Sante Fe Railway Cmplrny; on the s by tne h' li of the S GO aorea or the roll demo prop t&en 88 a' whole: Lot 2 in sco 20, the SEJ of the SEf of Seo 20, and the Slit of the S7i of Sao 21,. ull in Tmp 12 Y, H 4 '.5" S.B.B.K.; end bdsd on t:ie W by tl.a fc#l deea lit MP in the h' 11 oi Lot 1 in sd
WNT'D J
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July 23146
(S)79091 3 CD
BROT FWD #2 zlIsaux-.
Se0 ;;2 tist thereon S aQ" 53’ 40” E 61ti.92 rt fr the c/l Of State IAghaay BS mm on ~108 SIP:V~~C+~ b&p 339, filed -40; th sEly in tl dir at lin 1600 ft n/l to tiie h':Vly car of Lot 1 in alk 22, La
Coeta Dams Urdt fl, aaa to b'ap 2013, reas of gi Co; ad p%ra cants sn ,.rea of 4.1 6cre6, iii/l
&SO Lota Kos. 1, 7, 8, 3, 10 and 11 in alk 22 La ‘:OSb hams Unit $1, hoc to I.&p 2015, i'll-:ri h0 4/6/27.
6/20/46 BB
I/ ,?
f( i/J: I [ /YJp : ! i !.‘.... ;. -.j
*-. EXHIBIT “A” ‘-
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
A PARCEL OF LAND PARTIALLY IN THE CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’S PROPERTY IN
FRACTIONAL SECTION 20, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND THAT PORTION OF SAID RAILWAY COMPANY’S lOO-FOOT WIDE PROPERTY IN LOT “H” OF RANCH0 AGUA HEDIONDA, AS SAID RANCH0 IS SHOWN ON PARTITION MAP NO. 823, FILED
NOVEMBER 16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 19 IN BLOCK 21
OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013 FILED APRIL 6, 1927, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID CORNER BEING AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID LA COSTA DOWNS UNIT NO. 1; THENCE ALONG SAID NORTHERLY BOUNDARY
SOUTH 69’33’55” WEST, 69.29 FEET (SHOWN AS SOUTH 68’53’20” WEST 68.75
FEET, ON SAID MAP 2013) TO A POINT IN THE EASTERLY PROPERTY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, BEING T,HE SUCCESSOR IN INTEREST OF THE CALIFORNIA SOUTHERN RAILROAD COMPANY, WHICH WAS
SHOWN ON MAP APPROVED BY THE SECRETARY OF THE INTERIOR, MAY 12, 1881;
AND CONSTRUCTED IN 1882 ON THE LOCATION SHOWN ON SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 69’33’55” WEST ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY BOUNDARY, 55.03 FEET TO A POINT IN A LINE PARALLEL
WITH AND DISTANT WESTERLY 55.00 FEET MEASURED AT RIGHT ANGLES FROM
SAID EASTERLY LINE; THENCE NORTH 18’24’35” WEST ALONG SAID PARALLEL LINE 1182.51 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE, TANGENT TO THE PRECEDING COURSE, CONCAVE WESTERLY AND HAVING A RADIUS OF 907.00 FEET, THROUGH A CENTRAL ANGLE OF 6’02’21” A DISTANCE OF 95.60 FEET; THENCE NORTH 24’26’56” WEST TANGENT TO THE
PRECEDING CURVE, 126.09 FEET; THENCE SOUTH 65’33’34” EAST, 14.62 FEET
TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN lOO-FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO SAID CALIFORNIA SOUTHERN RAILROAD COMPANY,
RECORDED MARCH 10, 1881, IN BOOK 38 OF DEEDS, PAGE 171, RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG LAST SAID EASTERLY LINE TO A POINT IN THE SOUTHERLY BOUNDARY OF SAID RANCHO; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY TO A POINT IN FIRST SAID EASTERLY LINE: THENCE
SOUTHERLY ALONG FIRST SAID EASTERLY LINE TO THE POINT OF BEGINNING.
1175908 PAGE 5
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L-..-. ; -o I-
TO: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
925 ‘B’ STREET
SAN DIEGO, CAL'92101 LORETTA STEPHENSON
DATE: APRIL 11, 1989
ESCROW NO: D1175908
AMENDED ESCROW INSTRUCTIONS
Prior escrow instructions dated MARCH 29, 1989 are hereby supplemented in the following particulars only:
1. The legal description covering the property being conveyed hereunder as set ‘out on the attached Exhibit t’AT’, is hereby approved in its entirety for use in this escrow.
2. Paragraph 1, Section IV, page 1 of the original escrow instructions is hereby deleted in its entirety. There are no contingencies concerning this sale. Seller to convey title by means of a quitclaim deed, which said deed has been
drawn and executed outside of escrow.
3. Escrow holder shall not be responsible for (a> the sufficiency or correctness as to form or the validity of any documents deposited with escrow holder; (b) the manner of execution of any such deposited document, unless such execution occurs in Escrow holder premises and under its supervision; or (c) the identity, authority, or rights of any persons executing any document deposited
with Escrow holder.
CONTACT fl
4. Seller name contact is corrected to read DAVID GALLO. Buyer"name is corrected to read FRANK BOENSCH.
5. Seller is corrected to read a "Delaware" corporation, "
are to remain as originally set forth,
.'
ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY
By: David Gallo
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4% Aie,j L L; ii:;’ &, j ;a.?aid,* c;i’fy.” p p?‘? r?-mprrq
.
September 14, 1989
TO: CITY MANAGER
FROM : CITY ENGINEER
AMENDED ESCROW INSTRUCTIONS FOR AVENIDA ENCINAS
RIGHT-OF-WAY ACQUISITION
The attached amended Escrow Instructions need to be executed by the
Mayor to close escrow on property required for Avenida Encinas right-
of-way.
The amended Escrow Instructions authorize Ticor Title Insurance Company
to close escrow on or before September 27, 1989, as opposed to the June
11, 1989 date established in the original Escrow Instructions. City Council
accepted the proposed Quitclaim Deed for the property and authorized the
Mayor to execute Escrow Instructions at their May 23, 1989 meeting (Res-
olution No. 89-160).
Please request that the Mayor execute the attached amended Escrow Instruc-
tions and have them returned to my attention at your earliest convenience.
LLOYD B. HUBBS
City Engineer
LBH /pmj
Att.
r a TKOR TITLE lNSl7ANCE
SEPTINBER 11, 1939
CITY OF CARL,SBAD 2075 LAS PALNAS DRIVE cARLsBAD CA 92009 FRANK EOENSCH ESCROW NO.: D1175903 ESCROW OFFICER: CHRIS LONG
Dear Mr. Boensch
We have checked certain matters below which require your attention for the efficient handling of your rescrow.
Please SIGN AND RJZCURN the following, if satisfactory. Any copies enclosed, please retain for your records:
(X) Amended E screw Instructions dated September 11, 1939.
Ticor Title Insurance Company of Caltfornla
925 “6” Street, San Diego, California 92101 (619) 239-6081
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To: TICORTITLJZ INSURANCE CXMPANYOFCALIFWNIA 925 'B' SIWfZl! . I SAh DIEGO, CAL-92101 ' CHRIS LONG
EiSCROi:: D11759CX3 SEPTEMBER 11, 1989
AMENDED ESCROW INSTFUX'IONS
Prior escrow instructions dated MARCH 29, 1989 are hereby supplemented in the following particulars only:
1. You are authorized and instructed to close this Escrow on or before September 27, 1989, when you can comply with your instructions as previously set forth.
All other terms and conditions are to remain as originally set forth.
THE ATCHISON, KHXA 2k SANTA FE ilii‘r "i‘ i;-bL
BY: BY:
3230 E. IMPERIAL HWY#lGO BREA CA 9.2621
2075 LAS PALMS DRIVE CARLSBAD CA 92009
To: TICORTITLE INSURANCE COMPANYOFCALIFORNIA 925 'B' SI'RE& SAN DIEQO, CAL 92101 ' RETAlW lw copy
CHRIS LONG
DATE: SmER 11, 1989 ESCROW NO: D1175908
AMENDED ESCROW INSTRUCIXONS
Prior escrow instructions dated MARCH 29? 1989 are hereby supplemented in the following particulars only:
1. You are authorized and instructed to close this Escrow on or before September 27, 1989, when you can comply with your instructions as previously set forth.
All other terms and conditions are to remain as originally set forth.
FVE. IMPERIALHWY#loO
CA 92621
2075 LAS PALMS DRIVE CARLSBAD CA 92009