HomeMy WebLinkAboutEsposito Development Company; 1987-10-20;0 Q
1200 ELM AVENUE TELEF CARLSBAD, CALIFORNIA 92008 (619) 4:
Office of the City Clerk Uitn of Qkrlabab
October 20, 1987
MacFarlane and Associates, Inc.
3078 North Park Way
San Diego, CA 92104
Re: Settlement Agreement - Esposito Development Company
The Carlsbad City Council, at its meeting of October 13, 1987,
adopted Resolution No. 9258, approving a Settlement Agreement
between the City of Carlsbad and Esposito Development Company,
accepting easement dedications, waiver of certain developer fees
and authorizaing payment of related fees for right-of-way
acquisition for the La Costa Avenue improvement project.
Per instructions contained in Resolution No. 9258, enclosed are
the following described documents:
1. Original and one signed copy of the Settlement Agreement
and Purchase and Sale Agreement and Escrow Instructions
2. Original Easement for Public Highway from Esposito
Development Company to the City of Carlsbad
APN: 216-110-33 6r 34
3. Original Easement for Grading, Landscaping and Irrigation
from Esposito Development Company to the City of Carlsbad
APN: 216-110-33
4. Copy of Resolution No. 9258 which approved the execution
of the above documents
giiiilL* eputy City Clerk
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SETTLEMENT AGREEMENT AND
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS AGREEMENT is made by and between ESPOSITO
DEVELOPMENT COMPANY , a California limited partnership (hereinafter
referred to as l'Esposito") and the CITY OF CARLSBAD, a municipal
corporation, (hereinafter referred to as "City") and is entered into with
reference to the following facts:
REC I T A LS
1. Esposito is the owner of certain real property located in
San Diego County, California, and more particularly described in Exhib-
it llAl', attached hereto and incorporated herein by this reference.
2. City desires to acquire a portion of the said real proper-
ty described in Exhibit "A" for the purposes of its La Costa Avenue
improvement project. The portion of the property that the City desires
to acquire is more particularly described in Exhibit "B" , (the Property)
attached hereto and incorporated herein by this reference.
3. City has commenced an eminent domain action in the
San Diego County Superior Court (North County) Case No. N37199, to
acquire a portion of the property described in Exhibit ''B".
4. Esposito is currently in the process of developing the
real property described in Exhibit "A" attached hereto, and as a condi-
tion of developing said real property, certain conditions running in
favor of City have been imposed.
5. The parties hereto desire to settle the eminent domain
action in its entirety, and cause the Property to be conveyed by
Esposito to City pursuant to the terms and conditions set forth in this
Agreement.
AGREEMENT OF SALE
6. Esposito hereby agrees to sell and City hereby agrees to
purchase, through escrow, in consideration of the following:
City shall adopt a resolution authorizing and recom-
mending waiving of the in-lieu fee ($5,100.00 per
unit) which was imposed by the County of
San Diego as a condition of approval of Tentative
Map No. 4563. Said in-lieu fee was originally
requested by City in lieu of requiring Esposito to
improve La Costa Avenue adjacent to its property.
The City will transmit said resolution to the City of
Encinitas, the successor entity to the County of
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San Diego, and will also provide the City of
Encinitas with any other documentation it requests or requires.
Opening of Escrow
7. Concurrently with the execution of this Agreement, City
and Esposito shall cause an escrow for the purchase of the property to
be opened at First American Title Company, 411 Ivy Street, San Diego, California. This Agreement shall constitute escrow instructions. Escrow shall be deemed opened as of the date of the last signatory to
this Agreement.
Title
8. Attached hereto and marked Exhibit "Ctl, and incorporat- ed herein by this reference, is a Litigation Guarantee issued by First American Title Insurance Company. Esposito shall deliver title to the
property to City on the closing date, free of all liens, encumbrances, easements, restrictions, rights, and conditions of record, other than the following items shown on the said litigation guarantee: Item
Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 14, 15, and 16.
Conditions and Covenants
9. Seller agrees, as a material part of the consideration
between the parties herein, to pay to City, upon the recordation of the
Final Subdivision Map pursuant to Tentative Map No. 4563, traffic
impact fees of the City and bridge and thoroughfare fees of the City, in amounts in effect upon recordation of said map. Traffic impact fees
are currently $600.00 per unit, and bridge and thoroughfare fees are currently $600.00 per unit.
10. City as the buyer is proposing to widen La Costa
Avenue between Interstate 5 and El Camino Real, and has included
box culvert (located at Engineer Station 63+85.90) to the ultimat within the scope of the proposed project the extension off the existin
improved right of way width as shown on the "Preliminary Plans for the Improvement of La Costa Avenue Between 1-5 and El Camino Real" at an
estimated cost of $33,430.00. The construction of said facility (box culvert extension) may entitle seller to a credit from the San Diego County Flood Control District against flood control fees as set forth in the conditions of approval of TM 4563, and seller reserves the right to apply for and receive said credit from the San Diego County Flood Control District.
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11. Immediately after close of escrow herein, City shall cause its action in eminent domain against Esposito to be dismissed.
Delivery to Escrow
12. Esposito shall deliver to Escrow Agent, prior to the
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closing date, the easement deeds (Exhibits "D" and IIEII) conveying the
property to City executed and acknowledged by Esposito and/or such
other persons as the title insurer may require in order to issue the
title policy.
13. City shall deliver to Escrow Agent, prior to the closing
(a) The resolution referred to in Paragraph 6
herein, fully executed and adopted by City; and
(b) A resolution of the City Council accepting the
easement deeds (Exhibits IID" and 'IEI') including a
certificate of acceptance to be attached thereto.
Close of Escrow
date :
14. Escrow shall close thirty (30) days after the date of this
Agreement (closing date).
The Closing
15. Escrow Agent shall close escrow by recording the Ease-
ment Deeds, copies of which are attached hereto as Exhibits "D" and
II Ell , and deliver the resolution referred to herein, to Esposito at such
time as Escrow Agent has procured a First American Title Insurance
Company CLTA Policy of Title Insurance with liability in the amount of
$89,000.00, insuring that title to the property vests in City, subject
only to those matters referred to in Paragraph 8 herein.
16. If all of the conditions set forth herein become satisfied
at a date earlier than the closing date, Escrow Agent shall so close the
escrow at such earlier date.
17. City shall pay all escrow, recording fees, and the
premium charged for the title insurance policy.
Warranties
18. Esposito warrants that it has the authority to enter into
this Agreement, and that it knows of no actions, claims, claims for
possession, including adverse possession, or litigation pending concern-
ing the property as of the date of this Agreement, and that there are
no oral or written leases on all or any of the property.
Survival of Agreement
19. To the extent that they constitute an agreement between
Esposito and City, the executory provisions of this Agreement and the
covenants of City to Esposito and Esposito to City shall survive the
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close and consummation of this escrow, and shall remain in full force
and effect.
Notices
20. Unless otherwise specifically provided herein, all notices, demands, or other communications given hereunder shall be in writing and shall be deemed to have been delivered as of actual personal deliv-
ery or except as to Escrow Agent who may use regular mail, as of the second business day after mailing by United States registered or cer-
tified mail, return receipt requested, postage prepaid, addressed as
follows :
If to Seller, to:
Espos ito Properties
c/o Mr. Jim Esposito
3222 St. Albans Drive
Los Alamitos, CA 90720
If to Buyer, to:
City of Carlsbad
c/o Mr. John J. Cahill
Municipal Projects Manager
1075 Las Palmas Drive
Carlsbad, CA 92008
With Copy to:
Asaro G Keagy
3170 Fourth Avenue
Fourth Floor San Diego, CA 92103
If to Escrow Agent to:
First American Title Insurance Company
411 Ivy Street San Diego, CA 92101
or to such other address or to such other persons as any party shall designate to the others for such purpose in the manner hereinabove set forth.
Extent of Escrow Agent's Responsibilities
21. Escrow Agent Liability. Escrow Agent shall not be liable
for any of its acts or omissions unless the same shall constitute negli- gence or willful misconduct.
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22. Informing Parties. Escrow Agent shall have no
obligation to inform any party of any other transaction or of facts
within Escrow Agent's knowledge, even though the same concerns the
, Property, provided such matters do not prevent Escrow Agent's compli-
ance with this Agreement.
23. Responsibility for Documents. Escrow Agent shall not be
responsible for (a) the sufficiency or correctness as to form or the
validity of any document deposited with Escrow Agent; (b) the manner
of execution of any such deposited document, unless such execution
occurs in Escrow Agent's premises and under its supervision; or (c)
the identity, authority, or rights of any persons executing any docu-
ment deposited with Escrow Agent.
24. Conflicting Demands and Claims. Should Escrow Agent
receive or become aware of conflicting demands or claims with respect to
the escrow, the rights of any party hereto, or funds, documents or
property deposited with Escrow Agent, Escrow Agent shall have the
right to discontinue any further acts until such conflict is resolved to
its satisfaction, and it shall have the further right to commence or
defend any action for the determination of such conflict. The parties
shall, immediately after demand therefor by Escrow Agent, reimburse
Escrow Agent (in such respective proportions as Escrow Agent shall
determine) any reasonable attorney's fees and court costs incurred by
Escrow Agent pursuant to this Paragraph.
General Provisions
25. Gender. The use herein of (a) the neuter gender
includes the m-e and the feminine; and (b) the singular number
includes the plural, whenever the context so requires.
26. Possession. Escrow shall have no concern or liability for
this matter. Possession of the subject Property will be delivered to
Buyer as of the close of escrow.
27. Good Faith, Seller and Buyer agree to execute all such
instruments and documents and to take all actions as may be required
in order to consummate the purchase and sale contemplated herein, and
to use their best efforts to accomplish the close of this escrow in
accordance with the provisions hereof.
28. Captions. Captions in this Agreement are inserted for
convenience of reference only and do not define, describe or limit the
scope or the intent of this Agreement or any of the terms hereof.
29. Escrow Defined. Whenever used in this Agreement the
term "escrow" shall mean the escrow created by this Agreement.
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30. Cash Defined. Whenever used in this Agreement the
term "cash1' means currency, cashier's checks, or Federal Funds wire
transferred into Escrow Agent's bank account.
31. Exhibits. All exhibits referred to herein and attached
hereto are a part hereof.
32. Entire Agreement. This Agreement contains the entire
agreement between the parties relating to the transactions contemplated
hereby and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged herein.
33. Modification. No modification, waiver, amendment,
discharge or change of this Agreement shall be valid unless the same is
in writing and signed by the party against which the enforcement of
such modification, waiver, amendment, discharge or change is or may
be sought.
34. Successors. All terms of this Agreement shall be bind- ing upon and inure to the benefit of and be enforceable by the parties
hereto and their respective legal representatives, successors and as-
signs.
enforced in accordance under the laws of the State of California.
35. Construction. This Agreement shall be construed and
36. Survival. All obligations referred to herein to be per-
formed at a time or times after the close of the escrow, and all war-
ranties and representations contained herein, shall survive the close of
the escrow and the delivery of Seller's Grant Deed.
37. Time of Essence. Time is of the essence of this Agree-
ment.
Dated: August 27 , 1987 ESPOSITO DEVELOPMENT COMPP - A California Limited Partnership
ESP0 CORP., General Partner
By:%=wz?;* (c t GI: g V,T& p 'd
spo ito, res1 en
SPO CORP.
October
C'TJT? -4 Dated: dwxpslk )<, 1987 -
By: k? d&yG?
&?&
U E . LE IS, Mayor
ATTEST : DK :MDDCT/062487c
A~ETHA L. RAUTENKRANZ, citdci -6 - (SEAL)
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EXHIBIT "A"
LOT 6 IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARI
MERIDIAN, PARTIALLY IN THE CITY OF ENCINITAS AND PARTIALLY IN
CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE
CALIFORNIA, ACCORDING TO OFFICIAL Purr THEREOF.
. a 0 EXHIBIT "B"
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EASEMENT FOR PUBLIC HIGHWAY
Assessor's Pa rcei Project LA COSTA AVENUE
NO. 2 16-1 10-33534 W.O. No. 3208
ESPOSITO PROPERTIES
hereinafter called GRANTOR (S), do(es) hereby grant, convey and dedicate to the C
CARLSBAD, State of CaUifornia, hereinafter called GRANTEE, an easement for public
and public utility purposes and incidents thereto, upon, over and across that cert
property within the CITY OF CARLSBAD, State of California, described as follows:
PARCEL I:
That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Seci
Township 12 South, Range 4 West, San Bernnrdino Base and Meridian, in the Count)
Diego, State of California, according to the United States Government Survey thereo
within the followlng described property:
Commencing at the Northwesterly corner of said Lot 6; thence South 00°57'12'' East a
Westerly line 34.70 feet to the TRUE POJNT OF BEGINNING; thence North 72O58'5
154.41 feet to the beginning of a tangent 1,440 'foot radius curve concave Southerly,
Easterly along said curve through a central angle of 18011159" a distance of 457.4
thence South 88O49'07" East 404.45 feet; thence South 89O57'52" East 300.06 feet:
South 88O49'07" East 24.45 feet to the Easterly line of said Lot 6; thence South 01
East along the Easterly line 108.73 feet; thence North 89°3315U't West, 5.22 feet to a F
the arc of a non-tangent, 20.00 foot radius curve, concave Southwesterly, a radial
said point bears $South 89O33'58'' East; thence Northwesterly along the arc of saic
through a central angle of 89°15'091' a clistance of 31 .I5 feet; thence North 01°10'5?
3.00 feet; thence North 80°49'07" West, 652.67 feet to a point hereln designated Poi
thence continuhg North 88049'0711 West, 50.00 feet to a point designated Point I'BI';
continuing North 8U049'07'1 West, 4.45 feet to the beginning of a tangent, 1,360,
radius curve, concave Southerly; thence Westerly along the arc of said curve thi
central angle of 18°11'S918 a distance of 432.00 feet; thence tangent to said curw
72O58'54'' West, 177.45 ffeet to the Westerly llne of said Lot 6; thence North OOO57'1
along the Westerly line 83.25 feet to the TRUE POINT OF UEGINNING.
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TOGETHER with the prhllege and right to extend droitiago slructures and excavat
embankrnent slopes 35 feet beyond the limits of the herein described right-of-wal
required for the construction and maintenance of said public highway.
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PARCEL II:
TOGETHER with that portion of said Lot 6 lying 10.00 feet Southerly of and pat
concentric with the following described line:
BEGINNING at said Point I'A'I; thence North UUo49'07" West, 54,hS feet to the begin
tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the ar
curve through a central angle of 18°11'59" a distance of 932.00 feet; thence tanger
curve South 72°58'5Y'1 West, 120.05 feet to the POINT OF TERMINUS.
PARCEL 111:
ALSO TOGETHER with that portion of said Lot G lying within a 40.00 foot wide str lying Southerly of and parallel to and concentric with the following described line:
Commencing at said Point 118'1; thence South Ol01O153" West, 10.00 feet to the TRI
OF BEGINNING I; thence North 80°49107" West, 4.45 feet to the beginning of a
1,350.00 foot radius curve, concave Southerly; thence Westerly along the arc of s
through a central angle of 11°Q2t52i' a distance of 276.02 feet to the POINT OF TERI
Said 40.00 foot wide strip of land is required for the placement of the tiehack
cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No.
file in the Office of the City Engineer of said City. There shail be no excavation,
or construction of any kind within said 40.00 foot wide strip of land without the '71
the City Engineer of the City of Carlsbad.
EXHIBIT "B" e a
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EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
Assessor's ' Parcel Project LA COSTA AVENUE MITIGATIC
NO. 216-110-33 W.O. No.36022
ESPOSITO PROPERTIES, a California general partnership
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the C
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for c
landscaping and irrigation purposes and incidents. thereto, upon, over and acro
certain real property within the CITY OF CARLSBAU, State of California, descr
follows :
That portion of Lot 6 of Section 34, Township 12 South, Range 4 West, San Be
Base and Meridian, in the City of Carlslmd, County of San Dicgo, State of Cal
according to the Official Plat tlwreof, described as follows:
PARCEL I (EXHIBIT A) (WETLANDS)
Commencing at the Southwest Corner of Lot 114 of said Scctiori 34: thence alc
Northerly line of said Lot 6, North 68O39'36" East, 231.85 feet to the TRUE PO
BEGINNING I : thence continuing along said Northerly line, North 68O39'36" East
feet; thence South 86°50'50'' East, 1112.91 feet to a point herein designated Poi1
thence South 69O24'46'* West, 198.91 feet; thence North 56°00'0011 West, 65.00 feet;
North 58°30'00t1 East, 17.95 feet to the TRUE POINT OF BEGINNING I.
PARCEL 11 (EXHIBIT D) (RIPARIAN)
TOGETHER with that portion of said Lot C, described as follows:
commencing at said Point "Att; thence South 8G*50'50" East, 8.53 feet to the TRUE OF BEGINNING II: thence continuing South 86°50'50'1 East, 224.014 feet: thenct
59°00'00'' East, 28.810 feet; thence North 89°00'00'' West, 2 15.00 feet; thence
55°001001' West, 40.04 feet to the TRUE POINT OF BEGINNING 11.
ALSO TOGETHER with the right of ingress and egress over, under, and acro
Grantor's land (including his successors and assigns), and the right to install, cor
maintain, repair, replace, reconstruct, and inspect any water supply system or
deemed necessary for' the mitigation requirements of the California Coastal Commiss
City of Carlsbad,
EXH I BIT I' C "
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CLTA GUARANTEE ORDER NO. 92416;
CMG LITIGATION GUARANTEE
LIABILITY $89,000.00
FEE $502.50 YOUR REF. ESPOSITO PROPER?
(216-110-33 AND
FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, herein called the Company,
GUARANTEES
THE CITY OF CARLSBAD AS PLAINTIFF AND
ASARO & KEAGY AS ATTORNEY'S FOR PLAINTIFF
HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABII
AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF
INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES TL
ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW,
1. THE TITLE TO THE HEREIN DESCRIBED LAND WAS VESTED IN
THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS
EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY
SHOWN IN THE ORDER OF THEIR PRIORITY; AND
2. THE NECESSARY PARTIES DEFENDANT IN AN ACTION TO CONDEMN
AN FASEMENT ARE AS HEREIN STATED.
ALL SUBJECT, HOWEVER, TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS
LIABILITY AND THE OTHER PROVISIONS OF THE CONDITIONS AND STIPULATI
HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE.
DATED: MAY 28, 1987 AT 7:30 A.M.
FIRST AlkRICAN TITLE INSURANCE COMPANY
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CLTA GUARANTEE ORDER NO. 92416
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
ESPOSITO PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFE
TO COVERED BY THIS GUARANTEE IS:
FEE
EXCEPTIONS:
SEE FOLLOWING PAGE(S) FOR ITEMS 1 THROUGH 16.
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CLTA GUARANTEE ORDER NO. 92416
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, A L
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REV1
AND TAXATION CODE.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HE1
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FA
OF THE COUNTY OF SAN DIEGO, RECORDED AUGUST 3, 1932 IN BOOK
PAGE 202 OF OFFICIAL RECORDS, LOCATED WITHIN THE NORTH1
PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRII
LAND 60 FEET IN WIDTH ENTITLED ROAD SURVEY 516.
5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER
ACROSS ROAD SURVEY NO. 1317 ACCORDING TO MAP ON FILE IN
OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF
DIEGO BY DEED RECORDED MAY 2, 1951 IN BOOK 4082, PAGE 235
OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SU
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR
CONSTRUCTION AND MAINTENANCE THEREOF.
6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDC
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY
INSTRUMENT RECORDED OCTOBER 17, 1961 AS FILE NO. 180034
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
WITHIN THAT CERTAIN STRIP OF LAND 12.0 FEET IN WIDTH BEING
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 OF CREST ACF
THENCE SOUTH 89'39'10" WEST ALONG THE NORTHERLY LINE THERE
20.68 FEET; THENCE NORTH 0°4492091 WEST 2487.37 FEET; THENCE NO
89'26f15t1 WEST 0.90 FEET; THENCE NORTH Oo09*OO'* WEST 46.11 F
TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE OF RIGHT
WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 0'09'
EAST 437.29 FEET; THENCE SOUTH 0°361301' EAST 233.55 FEET Tc
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CLTA GUARANTEE ORDER NO. 92416
POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "Att; THENCE Sc
Zl"30'30" EAST 346.98 FEET.
ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPl OVER AND ACROSS THAT CERTAIN STRIP OF LAND 4.0 FEET IN W
BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CE
LINE :
BEGINNING AT THE ABOVE SAID POINT ItAlf; THENCE SOUTH 78"56
WEST 25.0 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY ANY POR'
THEREOF NOT LYING WITHIN THE HEREIN DESCRIBED LANDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6269, WHICH !
FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEAR: OF THE HEREIN DESCRIBED PROPERTY.
8. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER
ACROSS ROAD SURVEY NO. 1796 ACCORDING TO MAP ON FILE IN OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF
DIEGO BY DEED RECORDED DECEMBER 7, 1966 AS FILE NO. 19154t OFFICIAL RECORDS.
SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND
MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SM
BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR
CONSTRUCTION AND MAINTENANCE THEREOF.
9. AN AGREEMENT REGARDING JOINT VENTURE, DATED FEBRUARY 6, l!
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: ADNAN S. KHATIB AND L. V. ESPOt
RECORDED: FEBRUARY 12, 1980 AS FILE NO. 80-050035 OF OFFI(
AND F. C. ESPOSITO, HIS WIFE.
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9880, WHICH k FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEAR1 OF THE HEREIN DESCRIBED PROPERTY.
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CLTA GUARANTEE ORDER NO. 92416
11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIG
PRINCIPAL SUM OF $270,000.00, AND ANY OTHER AMOUNTS
OBLIGATIONS SECURED THEREBY, RECORDED JULY 12, 1985 AS FILE
85-249141 OF OFFICIAL RECORDS. DATED: MARCH 1, 1985 TRUSTOR : ESPOSITO PROPERTIES, A CALIFORNIA GENI
TRUSTEE : TITLE INSURANCE AND TRUST COMPANY, A CALIFOI
PARTNERSHIP
CORPORATION
HUSBAND AND WIFE BENEFICIARY: LESLIE V. ESPOSITO AND FILOMENA C. ESPOS:
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECOI JULY 12, 1985 AS FILE NO. 85-249141 OF OFFICIAL RECORDS, BY
TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 23, 1987
FILE NO. 87-222471 OF OFFICIAL RECORDS.
12. THE FACT THAT SAID LAND LIES WITHIN THE SAN DIEGI:
REORGANIZATION PROJECT AREA, AS DISCLOSED BY SAN DIEGO CO1:
LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLE:
RECORDED SEPTEMBER 5, 1986 AS FILE NO. 86-390249 OF OFFI( RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FUR' PARTICULARS.
13. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGI
PRINCIPAL SUM OF $(NOT SHOWN), AND ANY OTHER AMOUNTS OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 12, 1986 AS E
NO. 86-402145 OF OFFICIAL RECORDS.
DATED: SEPTEMBER 17, 1985
TRUSTOR: ESPOSITO PROPERTIES
TRUSTEE : T.D. SERVICE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECOE
SEPTEMBER 21, 1986 AS FILE NO. 86-402145 OF OFFICIAL RECORDS,
THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 23, 198;
FILE NO. 87-222472 OF OFFICIAL RECORDS.
14. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELE? RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATI( ORIGIN, IN AN INSTRUMENT RECORDED APRIL 23, 1987 AS FILE
87-222473 OF OFFICIAL RECORDS.
15. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELET
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIC
ORIGIN, IN AN INSTRUMENT RECORDED APRIL 23, 1987 AS FILE
87-222474 OF OFFICIAL RECORDS.
PAGE 5
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CLTA GUARANTEE ORDER NO. 92416
16. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELE
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATI
ORIGIN, IN AN INSTRUMENT RECORDED APRIL 28, 1987 AS FILE
87-231302 OF OFFICIAL RECORDS.
PAGE 6
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CLTA GUARANTEE ORDER NO. 92416;
SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEI BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED 1 THROUGH 16) T( MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT BY THE CITY OF CARLS
AS PLAINTIFF, ARE AS FOLLOWS:
1) TITLE INSURANCE & TRUST COMPANY
TRUSTEE UNDER ITEM #11
925 rrB'r STREET
P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112
2) LESLIE V. ESPOSITO AND FILOMENA C. ESPOSITO
HUSBAND AND WIFE AS BENEFICIARIES UNDER ITEM #11
2934 EAST FIRST STREET LONG BEACH, CALIFORNIA 90803
3) T.D. SERVICE COMPANY, A CALIFORNIA CORPORATION TRUSTEE UNDER ITEM #13 P.O. BOX 6340
ORANGE, CALIFORNIA 92667
4) SAN DIEGUITO UNION HIGH SCHOOL DISTRICT AS BENEFICIARY UNDER ITEM #13
625 NORTH WLCAN AVENUE
LEUCADIA, CALIFORNIA 92024
5) THE CALIFORNIA COASTAL COMMISSION UNDER THOSE CERTAIN AGREEMENTS, UNDER ITEM #14 AND 15
1333 CAMINO DEL RIO SOUTH, SUITE 125 SAN DIEGO, CALIFORNIA 92108
6) THE CITY OF ENCINITAS
UNDER THAT CERTAIN AGREEMENT, UNDER ITEM #16
543 ENCINITAS BOULEVARD, SUITE 109
ENCINITAS, CALIFORNIA 92024
7) ADNAN S. KHATIB
UNDER THAT CERTAIN AGREEMENT, UNDER ITEM #9
2366 WEST BROADWAY
ANAHEIM, CALIFORNIA 92804
PAGE 7
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CLTA GUARANTEE ORDER NO. 92416;
THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STAT€ CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 6 IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARI
MERIDIAN, PARTIALLY IN THE CITY OF ENCINITAS AND PARTIALLY IN CITY OF CARLSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
PAGE 8
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I
CLTA GUARANTEE ORDER NO. 92416
FIVE YEAR CHAIN
1) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO LESLIE V. ESPOSITO, JR., AN UNMARRIED MAN
UNDIVIDED 3.81%, RECORDED DECEMBER 18, 1984 AS FILE NO. 84-47
OF OFFICIAL RECORDS.
2) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO LUCIA” MAULHARDT, A MARRIED WOMAN AS
SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECOl
DECEMBER 18, 1984 AS FILE NO. 84-471027 OF OFFICIAL RECORDS.
3) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO MICHAEL JOSEPH ESPOSITO, A MARRIED MAN AS
SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECO
DECEMBER 18, 1984 AS FILE NO. 84-471028 OF OFFICIAL RECORDS.
4) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO GINA MARIE CAPPANELLI, A MARRIED WOMAN AS
SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECO
DECEMBER 18, 1984 AS FILE NO. 84-471029 OF OFFICIAL RECORDS.
5) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS:
HUSBAND AND WIFE TO VINCENT ANTHONY ESPOSITO, A MARRIED MAl
HIS SEPAFtATE PROPERTY, AN UNDIVIDED 3.8 1% INTEREST, RECOI
DECEMBER 18, 1984 AS FILE NO. 84-471030 OF OFFICIAL RECORDS.
6) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS:
HUSBAND AND WIFE TO JAMES CARL ESPOSITO, A MARRIED MAN AS
SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECOl
DECEMBER 18, 1984 AS FILE NO. 84-471031 OF OFFICIAL RECORDS.
7) GRANT DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED MAN, DEAI
WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIF01
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECOl
JANUARY 23, 1985 AS FILE NO. 85-022760 OF OFFICIAL RECORDS.
8) GRANT DEED FROM LUCIA” MAULHARDT, A MARRIED WOMAN, DEALING 1
HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFOS
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECOE:
JANUARY 23, 1985 AS FILE NO. 85-022761 OF OFFICIAL RECORDS.
9) GRANT DEED FROM GINA MARIE CAPPANELLI, A MARRIED WOMAN, DEAI
WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFOF
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECOE
JANUARY 23, 1985 AS FILE NO. 85-022762 OF OFFICIAL RECORDS.
PAGE 9
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CLTA GUARANTEE ORDER NO. 92416
10) GRANT DEED FROM LESLIE V. ESPOSITO, JR., AN UNMARRIED
DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTER
RECORDED JANUARY 23, 1985 AS FILE NO. 85-022763 OF OFF1
RECORDS.
11) GRANT DEED FROM JAMES CARL ESPOSITO, A MARRIED MAN, DEALING
HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFO
GENERAL PARTNERSHIP, UNDIVIDED 3.81% INTEREST, RECOl
JANUARY 23, 1985 AS FILE NO. 85-022764 OF OFFICIAL RECORDS.
12) GRANT DEED FROM MICHAEL JOSEPH ESPOSITO, A MARRIED MAN, DEA
WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFO
GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECO
JANUARY 23, 1985 AS FILE NO. 85-022765 OF OFFICIAL RECORDS.
13) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE, STILL HOLDS 17.14% INTEREST TO ESP0
PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP HAS 82.86% INTER
RECORDED JULY 12, 1985 AS FILE NO. 85-249140 OF OFFICIAL RECO
14) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO LESLIE V. ESPOSITO, JR., AN UNMARRIED MAN
UNDIVIDED 2.856% INTEREST, RECORDED JULY 12, 1985 AS FILE
85-249142 OF OFFICIAL RECORDS.
15) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO LUCIANN MAULHARDT, A MARRIED WOMAN AS
SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECO
JULY 12, 1985 AS FILE NO. 85-249143 OF OFFICIAL RECORDS.
16) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO VINCENT ANTHONY ESPOSITO, A MARRIED MA
HIS SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECO
JULY 12, 1985 AS FILE NO. 85-249144 OF OFFICIAL RECORDS.
17) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO JAMES CARL ESPOSITO, A MARRIED MAN AS
SEPARATE PROPERTY, AN UNDIVIDED 2.856% INTEREST, RECC
JULY 12, 1985 AS FILE NO. 85-249145 OF OFFICIAL RECORDS.
18) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS
HUSBAND AND WIFE TO GINA MARIE CAPPANELLI, A MARRIED WOMAN AS
SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECC
JULY 12, 1985 AS FILE NO. 85-249146 OF OFFICIAL RECORDS.
PAGE 10
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CLTA GUARANTEE ORDER NO. 92416
19) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILQMENA C. ESPOS HUSBAND AND WIFE TO MICHAEL JOSEPH ESPOSITO, A MARRIED MAN AS SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECO JULY 12, 1985 AS FILE NO. 85-249147 OF OFFICIAL RECORDS.
20) QUITCLAIM DEED FROM LUCIANN MAULHARDT, A MARRIED WOMAN, DEA WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIF0
GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST, RECO.
JULY 12, 1985 AS FILE NO. 85-249148 OF OFFICIAL RECORDS.
21) QUITCLAIM DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTER RECORDED JULY 12, 1985 AS FILE NO. 85-249149 OF OFFICIAL RECO
22) QUITCLAIM DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED ' DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTER RECORDED 3ULY 12, 1985 AS FILE NO. 85-249149 OF OFFICIAL RECO
23) QUITCLAIM DEED FROM LESLIE V. ESPOSITO, JR., AN UNMARRIED MA.
ESPOSITO PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP,
UNDIVIDED 2.856% INTEREST, RECORDED JULY 12, 1985 AS FILE
85-249150 OF OFFICIAL RECORDS.
24) QUITCLAIM DEED FROM GINA MARIE CAPPANELLI, A MARRIED WO1 DEALING WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTER1 RECORDED JULY 12, 1985 AS FILE NO. 85-249151 OF OFFICIAL RECOl
25) QUITCLAIM DEED FROM JAMES CARL ESPOSITO, A MARRIED MAN, DEA.
WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIF01
GENERAL PARTNERSHIP, AN UNDIVIDED 2.856% INTEREST, RECOI
JULY 12, 1985 AS FILE NO. 85-249152 OF OFFICIAL RECORDS.
26) QUITCLAIM DEED FROM MICHAEL JOSEPH ESPOSITO, A MARRIED I
DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES
CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTER
RECORDED JULY 12, 1985 AS FILE NO. 85-249153 OF OFFICIAL RECO;
PAGE 11
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I. CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSDAD, CA 92000
NO TRANSFER TAX DUE
0 EX1 f I B IT I' D' '
4 'a 0
x,
TOGETHER with the privilege and rigtit to exterid draiiiaye structures arid excav;
embankment slopes 35 feet beyond tlie limits of the herein described riglit-of-w; required for the construction and maintenance of said public highway.
PARCEL It:
TOGETHER with that portion of said Lot 6 lying 10.00 feet Souttjerly of and par
concentric with the following described line:
BEGINNING at said Point "A"; thence North 00"49'07'' West, 54.45 feet to the beyinr
tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the ar
curve through a central angle of 18°11'59" a distance of 432.00 feet; thence tangen
curve South 72O58'54" West, 120.85 feet to the POINT OF TERMINUS.
PARCEL 111:
ALSO TOGETHER with that portion of said Lot 6 lying within a 40.00 font wide stril
lying Southerly of and parallel to and concentric with the following described line:
Commencing at said Poirit "B'l; thence South 01°10'53" West, 10.00 feet to the TRU
OF BEGINNING I; thence North 88"49'07" West, 4.45 feet to the beginnirig of a
1,350.00 foot radius curve, concave Southerly: thence Westerly along the arc of s;
through a central angle of 11°42'52" a distance of 276.02 feet to the POINT OF TERh
Said 40.00 foot wide strip of land is required for the placement of the tiebacks
cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No.
file in the Office of the City Engineer of said City. Ttiere shall be no excavation,
or construction of any kind within said 40.00 foot wide strip of land without the ap
the City Engineer of the City of Carisbad.
All as shown for convenience sake on Exhibit I'A" attached hereto and made a part t
this reference,
4 *6 6
xt
Dated thls day of
STATE OF
county of '--------------------71~q.
On , 19 , before me, the undersigned, a Not
In and for said C ounty and State, persomy appeared
personally known to me (or proved to me on the basis of satlsfactory evidence) t(
the person(s) whoso name(s) Is/are subscribed to the within Instrument and ack
to me that helshelthey executed the same,
Witness my hand and official seal.
Notary Public In and for said C ounty and St ate
ThlJ Is to certlfy that tho Interest In real property conveyed by the foregoing ea
the Clty of Carlsbad, a munlclpal corporation Is hereby accepted by the Clty (
said City of Carlsbad, Cellfornla pursuant to Resolution No. ad1
, and tho Grantoc consents to recordatlon thereof hy Its duly a
mcer.
Da tad BY -/hmA L. R-NZ s- T77y- CrnR
c+
7%
N89°33 58"W R)
PY?UPOS€O Acou/!s/r/u/v
EXHIBIT "A"
- 1 VI- B1V.J I I\VIVlUl 1 vu. *e
< - CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
MITRANSFER TAX WE
0 EXHIBIT "E"
COPY
. .. 0
c*
ALSO TOGETtIER with the riglit of ingress and egress over, under, and acro
Grantor's land (including his successors ;]rid assigns), arid tfie right to install, cor
maintain, repair, replace, reconstruct, and inspect ariy water supply systern or
deemed necessary for the mitigation recluircrnents of the California Coast;il Cornmiss
City of Carlsbad.
All as shown for convenience sake on Exhibit "A'' and Exhibit 'It?" attached her,
made a part hereto by this reference.
a Bdttd thl3 a. day of
'b
STATE OF
County of '~'53*
On e 19 , bofors me, tho underslgned, 8 rU in and for said C ounty and St ate , ps~roXy appearad
personally known to me (or proved to me on the basla of satrsrecfory ovldonccl
tho perron(s) whose nama(3) islare subscrlbed to the wlthln Instrument and a
to ma that halahelthey executed the same,
Wltnesr my hand and offlcial seal.
notary Public In and for ,aid County end State
This lo to carOlfy that tha lntere!tt In rsol property conveyod by the foregolng
the CltY of Ca~l3bad, 8 munklpal corpora\lon lo hewoby accsptad by the Clty said Clty of Carlrbed, Callfornla purw~ant to Ra~olutlon No, , and tho Grsnteo con3,entg to recordallon thereof tl-ly
offlcar ,
Dated DY %mA l. . RAmmnTCLm
PROPOSED GRADING EASEMENT [-I
AREA : 0.201 ACRES
A.P.N. 216-110-33
WILLDAN ASSOCIATES W CO(JSULTINQ ENGINEERS L PLANNERS
-JMthwKN wm 1% Lur ~00. u nrn .a IlW
EXHIBIT "A"
! I 1 #36022
* D
I.
LA
@
i / /
EXHIBIT “B”
WILLDAM ASSOCIATES
CmSULTlNO ENOIHEERS 6 PLANNERS , KW -~ttmOCuJnrla ~D(IoO.c*??1n 4VllW
I 1 #36022
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RESOLUTION NO. 9258
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY
OF CARLSBAD AND ESPOSITO DEVELOPMENT COMPANY,
ACCEPTING EASEMENT DEDICATIONS, WAIVER OF CERTAIN
DEVELOPER FEES AND AUTHORIZING PAYMENT OF RELATED
FEES FOR RIGHT-OF-WAY ACQUISITION FOR THE CITY'S
LA COSTA AVENUE IMPROVEMENT PROJECTS
WHEREAS, Esposito Development Company is the own4
certain real property located in San Diego County, Calif(
and more particularly described in the Settlement Agrc
identified as attached Exhibit A attached hereto
incorporated by reference herein; and
WHEREAS, the City of Carlsbad desires to acquire a PC
of said real property for the purposes of its La Costa A
improvement projects; and
WHEREAS, the City of Carlsbad has commenced an ex
domain action in the San Diego County Superior Court (
County), Case No. N37199, to acquire a portion of the prc
herein described; and
I WHEREAS, Esposito Development Company is currently ii
process of developing certain real property herein describe
as a condition of said development, certain conditions ru
in favor of the City of Carlsbad have been imposed; and
WHEREAS, the parties hereto desire to settle the em
domain action in its entirety, and cause the property hc
described to be conveyed by the Esposito Development Compai
the City of Carlsbad pursuant to the terms and condition:
forth in this agreement;
///
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NOW, THEREFORE, BE IT RESOLVED by the City Council 0:
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor and City Clerk are hereby authori
directed to execute the attached Exhibit A, SETTLEMENT AG:
and PURCHASE and SALE AGREEMENT and ESCROW INSTRUCTIONS, <.
as related escrow instructions required of this transact
be transmitted at a later date. Following execution c
agreement by the Mayor and City Clerk, said original agi
and one (1) signed copy shall be forwarded by the City C1
the City's authorized agent for this transaction, MacFarli
Associates, Inc., 3078 North Park Way, San Diego, Cali:
92104.
3. That the City Council of the City of Carlsba
hereby accept the EASEMENT FOR PUBLIC HIGHWAY identif
attached Exhibit B and the EASEMENT FOR GRADING, LANDS(
AND IRRIGATION, identified as attached Exhibit C frc
Esposito Development Company and hereby directs the City
to sign said documents. Following signature of said doc1
the City Clerk is hereby directed to forward said
documents to the City's authorized agent in this tram
referenced in No. 3 above for recordation.
4. That the City Council of the City of Carlsba
hereby authorize from the project account the expendit
$1,500 for costs related to the policy of title insuran
estimated escrow expenses required herein.
5. That the City Council of the City of Carlsba
hereby authorize and recommend the waiver of the in-lieu f
f
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($5,100 per unit) which was imposed by the County of San Di
as a condition of approval of Tentative Map No. 4563. Sai
lieu fee having been originally requested by City in li
requiring the Esposito Development Company to improve La
Avenue adjacent to its property. The City Clerk is €-
directed to transmit a certified copy of this resolution t
City of Enchitas, the successor entity to the County 0
Diego.
PASSED, APPROVED AND ADOPTED at a regular meeting o
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 Lars
NOES: None
ABSENT: None
AT’’1’EST:
ALETHA L. RAUTENKRANZ, Cit2 Clerk
(SEAL)
la-