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HomeMy WebLinkAboutScanlon, James & Ida; 1990-06-26;e 0 RELOCATION ASSISTANCE AGREEMENT (Scanlon Property) BETWEEN GREGORY L. and CHERn J. HEWI'IT and THE CITY OF CARLSBAD July 10,1990 0 0 RELOCATION ASSISTANCE AGREEMENT (Scanlon Property) This Agreement is made as of the/kday o 1 $3 - by and betwec GREGORY L. AND CHERYL J. HEWrrr ("Tenant") and THE CITY OF CARLSBA' California, a municipal corporation ('City''). - RE c IT A L 2: A. Tenant is the occupant and lessee of that certain residence located 2955 Elmwood Street, Carlsbad in the County of San Diego, State of California. B. City has acquired the property and residence located at 2955 Elmwoc Street for municipal purposes. C. City desires to occupy the property thus making it necessary for Ten: to vacate the property. D. Tenant is willing to vacate the property understanding that Tenant entitled to relocation assistance under the Relocation Assistance Statutes of the State California (Government Code Sections 7260-7276). E. The parties, in recognition of the foregoing, desire to enter into agreement whereby Tenant shall agree to vacate the residence at 2955 Elmwood Street i City agrees to pay relocation assistance benefits pursuant to the above referenced Statu and on the terms and conditions set forth herein. 2 e 0 NOW THEREFORE, Tenant and City agree as follows: 1. MovinR Cost Reimbursement. City agrees to reimburse Tenant for actual and reasonable movi costs and related expenses based on the State of California Department of Transportatic fixed moving cost schedule attached hereto as Exhibit A. Tenant and City agree that tl residence at 2955 Elmwood Street has nine (9) rooms including a two (2) car garage ai according to the schedule in Exhibit A, the fixed moving cost for relocating Tenant is o thousand one hundred and fifty dollars ($1,150). 2. Rental Assistance. (a) To assure that Tenant is able to rent a comparable decent, si and sanitary replacement dwelling the City shall, for a forty-eight (48) month period, p rental assistance if the replacement dwelling rental payments are higher than the ren payments for 2955 Elmwood Street. Such rental assistance shall not exceed five thousa two hundred and fifty dollars ($5250) and may be paid to Tenant in a lump sum. Ren assistance shall be calculated in the following manner: replacement property rent - present rent = monthly difference monthly difference x 48 months = total rental assistance (b) Tenant has located comparable, decent, safe and sanit replacement housing at 3602 Catalina Street, Carlsbad, California and executed a le which is attached hereto as Exhibit B. 3 0 0 (c) In accordance with the formula in subsection (a) of this Section, Tenant entitled to rental assistance as follows: Replacement property rent = $1100/mo. Present rent = $900/mo. Thus: $1100 - $900 = $200 and $200 x 48 mos. = $9,60 Calculation yields a result of $9,600 which is in excess of the maximum ren assistance amount of $5,250 provided by state law. Thus Tenant is eligible foi maximum rental assistance amount of five thousand two hundred and fifty doll: ($5,250). 3. Release and Waiver of Claims. Tenant expressly waives and releases any claim the Tenant may have, of whatever type nature, under the Relocation Assistance Statutes (G.C. section 7260-7276) or right appeal against the City, it's employees, officers or agents, related to the City's acquisitj of the residence at 2955 Elmwood Street or any other claim arising out of the relocatic Tenant agrees that the payment provided for in this agreement represents complete, fi and total compensation for all claims, reimbursements, dislocation or relocation expen or otherwise. 4 e e 4. EntireAgreement. This Agreement and the items incorporated herein contain all of the agreements of t parties hereto with respect to the matters contained herein and no prior agreement understanding pertaining to any such matter shall be effective for any purposes. 5. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meanir captions and organization are for convenience and shall not be used in construing meanir The language of this Agreement shall not be construed for or against either party. IN WITNESS WHEREOF, Tenant and City have executed this Agreement of the date first above written. THE CITY OF CARLSB m&t Mkyor Pro-Tern ATTEST: GREGORY L. HEWrrr ALETHA L. RAUTENKRANZ, City Clerk PRO DASTOFORM: an6an.c VINCENT F. BIONDO, JR. city Attorney 7. //. 76 5 0 e 604-4 949 , I % move h-to bc paid Cor by the Dc@;lrtmcnt and that lhc bid must contain the followifig statement ''AS this kbve is the resrrlt nf displtwcntcnt from red pruperty ucqiiirrrl for pubtic pruposes and cvsi ix tu k hnrrtc hy thc State of Cniifwrrirr, tk co.tts und charges for this move urc cxcmpt /runt rujirtirrticws by the Public UIiNties Commissidn. The cost of performiirg thc work in connection with this move will trot exceed cost pied herein. AI1 work performed cudw this bid shut1 CICi accomplshcd in a good md workmnrtlk lita,rilcr aud ilr accoIdclllcc wdh slawturds narmaily applied by the indiutry. The compnrry shall be respomible for rhc actual replaccm@ttt c6s1 01 ail loss or damage incurred in the performance of the work." This statkment should be on a company lctterhead, and signed by a person authorized to bind the firm. Upon rccdpt of responsible bids, tho District Wil! inform displacee to proceed with the lowest responsible bidder. B. ?Ire Department, at iis dkcrction, m3y secure a bid for displaces: 2. lbquirefichts br Scheduling Payment: See SWtSdh 603.5m. 604.105 #'Any person &piaced~mai a dwrlltng or a rgasonal nsideace k entitled to receive an crptnst and &locatdon allowanct as ttm ai&maiive 10 a payment for uctuai moving ond related expenses under U.301. W ~UOWU~CC shall be dettmb8td accordhg to lire appkabk rckrdulr opp~ored by ?he Fedemi Highway Adndnktmtion. - includes o proofsibrr ihaf i&e uprnxr and dislocation albwuact to a pmon with minhal personof pomsslonr IV& Ir ia accyporq of a dmmitoq stplc rootn shared by two or moie othtr unrelattd persons or Q paon whose tesidentiai more is ptrfanned by un agency at no cost lo the pmo~ M br iWeii t6 $50. ** 149 CFR 24,3021 The fdllowing schedules have been approvcd by the Federal Highway Number of Rooms Payment ltlxed PAyment For Moving Expenses--Redden tiai Mot cs 1. Moving Allowance Schedules Administtatlan for use by our Departmcnt: (includes dislocation allowance) Schedule A (Occupahr provides furniture) I 1 s 250 2 s 400 3 s 550 4 $ 650 3 S 750 6 $850 7 s 950 8 SlOSO Each additional room s 100 Schcdule B (Fwtiilurc provided hy Inndtord) Nwnher of Rooms Paynten; Each additional room s 35 1 1 s 225 Exceptions: -Person who is moved by District - $SO.Ob -Occupant of dormitory - District - $50.00 A "counted room" means space in if unit containing the usual quantity of Personal Norrnai division includes a Iiviag room, dining room, bedroom, kitchen, propcrty. I EXHI BIT "A" 0' lA.EAsr; m I. The parties to this base are GGG $ wzV~ WqF 7,9s ELMLJVod ST (hereinafter Tenant) and . .TZSE 5w=w of1(03T trfxmf?rF $(LA -c- (hereinafter Landlord). 2. Landlord agrees to lease, demise and let to the Tenant and Tenant agrees to hold the Premises located at 3 Cc 6 2 * *u-d4 consis- t= f YW-D (hereinafter "Premises'? for the term of tingof I-wS day of A dd ,1932 -!X months from the through and until the \ 51 day of JU LIT , 19%. - c \ sx 5 3. The Tenant promises to pay the said rent in the amount of ZE $--in mo eachmonth. + \\cOATO 5zcUm W?aTTe 4. The Tenant agrees to quit and deliver up the premises to the Landlord? peaceably and quietly, at the end of the rental term, in good order and condition, reasonable use and wearing excepted, fire and casu- alties and acts of God excepted, and to pay the rent as provided herein, during the term for such further time as the Tenant may hold it, and not make or suffer any waste thereof; nor sublet the premises nor permit any other person or persons to occupy the premises or to make or suffer any alteration thereto without permission of the Landlord, in writing, having been first obtained; and that the Landlord may enter to inspect and make improvements, and to expel the Tenant, if (he, she) fails to pay the rent as provided herein, or damages the premises or breaches any terms of the lease. 5. The Landlord and Tenant agree that if the premises, or any part of the premises? are destroyed or damaged by .fire or other unavoidable casualty, making the premises unfit for use and habitation, then, the rent reserved, or a just and proportional part of it, calculated according to the nature and extent of the injuries sustained by the property, shall be suspended or abated until the said premises are put in proper condition for use and habitation by the said Lessor. ly installments of = payable at the 1 day of P Signed and sealed this 1 day of 3tJhJiz 7 q -& 1990. -74c3- 95Z' w &dl 73i-\zyq % 2 /dd ,-\ Ill'rtnPss/ I La alord, \ 0 x(&sp"G 0 MOUNTAIN ESCROW CORPORATION ESCROW INSTRUCTIONS TO: SPRING MOUNTAIN ESCROW CORP. CARLSBAD BRANCH 785 Grand Ave #lOl/Box 1151 Escrow No. 11 Carlsbad DATE: June 26 CA 92008 Billie Schafe (619) 729-0978 Page 1 PREVIOUS INSTRUCTIONS IN THE ABOVE NUMBERED ESCROW ARE HEREBY MODI AND/OR SUPPLEWENTED IN THE FOLLOWING PARTICULARS ONLY: SECURITY DEPOSIT In compliance with Section 2 (b) of the original Acquisition Agre and Escrow Instructions dated June 26, 1990 is hereby amended to that the Security Deposit shall be handled as a credit to the Buy account and a debit the Seller's account in lieu of the Seller de the Security Deposit into escrow prior to the close. ALL OTHER TERMS AND CONDITIONS NOT IN CONFLICT WITH THE FOREGOING REMAIN IN FULL FORCE AND EFFECT. AP RO D AS TO FORM: BY : L .(2. cl Vincent- F. Biondo, Aletha L. Rautenkranz, Carlsbad Branch 785 Grand Ave. Suite 101 Carlsbad. CA 92008 (619) 729-0978 FAX # (619) 720-0571 e 0 ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Scanlon Property) BETWEEN JAMES A. and IDA E. SCANLON AND THE CITY OF CARLSBAD ,/ , June 26, 1990 0 0 TABLE OF CONTENTS Pas€ 1 . Agreement of Sale/Price ................ 1 2 . Additional Costs ................... 2 3 . Escrow ........................ 3 4 . Closingcosts ..................... 4 5 . Proration of Rent ................... 5 6 . Title ......................... 5 7 . Commissions ...................... 6 8 . Attorney's Fees .................... 7 9 . Notices ........................ 7 10 . Entire Agreement - Amendments ............. 7 11 . Successors ...................... 8 12 . Assignment ....................... 8 13 . Choice of Laws ..................... 8 14 . Waiver of Covenant, Condition, or Remedy ........ 8 15 . Interpretation of Agreement .............. 9 16 . Survival ........................ 9 17 . Time .......................... 9 e e ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS (Scanlon Property) This Agreement is made as of the 26th day of June 193, by and between JAMES A. AND IDA E. SCANLON (11Seller11) ai THE CITY OF CARLSBAD, California, a municipal corporatic ( "Buyer") . - R E C L 111 A & s: A. Seller is the Owner of that certain parcel of re4 property (the "Property") in the County of San Diego, State 1 California, described in Exhibit A attached hereto and by th reference incorporated herein, consisting of 12,049+ square feet land and a single family detached dwelling with attached two c garage. B. Buyer desires to acquire the Property to provide f additional space for Library purposes and other municipal purpose C. The parties, in recognition of the foregoi and the CITY'S power of eminent domain, desire to enter into agreement whereby Seller shall agree to sell and Buyer shall agr to buy the Property on the terms and conditions set forth herei NOW, THEREFORE, Seller and Buyer hereby agree as follow 1. Aqreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agre 1 0 tm to buy the Property for two hundred and seventy one thousand fik hundred dollars ($271,500). The purchase price shall be paid k deposit of such sum into the escrow described in Paragraph 3 herec in time to permit the closing thereof at the scheduled closir date. In no event shall said sum be deposited later than two (2 working days prior to the close of escrow. Except for the termil inspection and remedial work described in Paragraph 2(a), th: offer is for the Property in its "as is" condition, with01 representation or warranty as to zoning or special use, conformil of the improvements or use thereof to current zoning, building ( occupancy laws, the condition or suitability of earth underlyii the Property for the existing for the existing or any future US< the condition or suitability of any improvement thereon fc occupancy and the condition or operability of any utility system ( appliance. \ 2. Additional Costs. (a) Buyer will reimburse Seller for Seller's cos' related to legal, accounting and appraisal services, in an amoui not to exceed $2,500. Seller shall deposit in escrow, invoici substantiating legal, accounting and appraisal costs incurred as result of the City's acquisition of the Property. (b) Seller shall surrender to Buyer the Securi Deposit paid by lessee Greg and Cheryl Hewitt, pursuant to Secti 6 of the Residential Lease executed by Seller and lessee February 14, 1990 and attached hereto as Exhibit B. The Securi Deposit shall be deposited in escrow not later than five (5) da 2 e 0 prior to the close of escrow. (c) Seller shall furnish a current license structural pest control report showing the accessible portions c the Property to be free of visible evidence of active infestatic by wood destroying insects, fungi and/or dry rot. Seller shal deposit in escrow a structural pest control inspection report ar an offer to perform remedial work from a licensed pest contrc company. Buyer shall receive and acknowledge receipt of a copy c the report and certification, prior to the close of escrow. Tt cost of the pest control inspection and the cost of any work tha is required to assure that the Property is free of termites, fung and/or dry rot will be shared equally by Buyer and Seller, exceF that Sellers costs shall not exceed eight hundred dollars, ($800) Buyer agrees to accept the responsibility to perform all pes control remedial work after the close of escrow and after tenan has vacated the Property. 3. Escrow. (a) Within three (3) business days after th execution of this Agreement by both parties, a signed copy of thi Agreement shall be deposited by Seller with the Spring Mountai Escrow Corporation ( ttEscrow Holder") (Attn. Billie Schafer, Escrc Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to ope an escrow to complete the purchase and sale herein contemplated Reference herein to the opening of escrow shall mean the date tha a copy of this Agreement is deposited with Escrow Holder. By SUC deposit, Escrow Holder is hereby authorized and instructed to ac 3 0 e 0 in accordance with the provisions of this Agreement, whic Agreement, together with Escrow Holder's standard gener: provisions which are attached hereto as Exhibit C and by th: reference are incorporated herein, shall constitute Escrow Holder escrow instructions. Seller and Buyer shall each deposit such other instruments and funds as are necessary to close the Escrc and complete the sale and purchase of the Property in accordanc with the terms hereof. (b) This escrow is scheduled to close on or befor June 29, 1990. Time is specifically a matter of essence wit respect to the closing and, notwithstanding anything to tk contrary in the printed escrow instructions incorporated in thi Agreement, the closing date may not be extended except by mutue consent of the parties. (c) Buyer shall have the option, which shall b exercised on or before June 27, 1990 to terminate this Agreemen and all of its obligations incurred in connection herewith withou liability of any kind, except that if Buyer should elect t exercise its option to terminate, Buyer shall pay all costs t terminate the escrow and legal fees incurred by SELLER. 4. Closins Costs. Closing costs shall be borne by th Buyer and Seller as follows: BUYER SELLER Escrow Fees 50% 50% Title Insurance Policy 0% 100% Documentary Transfer Tax 0% 100% Recording Fees 100% 0% Other Closing Costs 50% 50% 4 0 B) Property taxes will be prorated to the date of the close of escrc and Seller will be responsible for paying for all delinquent ai non-delinquent property taxes. Buyer will take the steps requirt to cancel property taxes after the date of the close of escrow. 5. Proration of Rent. In the event that the escrc closes after July 1, 1990, Seller shall collect rents due under tl existing lease and such rents shall be prorated between Seller ar Buyer on a 30 day month basis. Seller shall complete a t'Rentz Statement'' provided by the Escrow Officer and submit such statemer to the Escrow Officer not less than five (5) days before the clos of escrow. 6. Title. (a) Attached hereto as Exhibit D and by thj reference incorporated herein is Lawyers Title Insuranc Corporation's Litigation Guarantee number 78-00002-472, datedMarc 17, 1989, which covers the Property. Seller has agreed to conve title to the Property to Buyer and Buyer agrees to accept tit1 from Seller subject only to exceptions numbered three (3) and fou (4) set forth in said Litigation Guarantee which affect th Property, which consist of street and utility easements, only. A1 other exceptions in said Litigation Guarantee must be eliminate prior to close of escrow. Immediately after the opening of escrok Seller shall obtain a current preliminary title report fro Continental Land Title Company showing the current state of tit1 to the Property. Buyer shall have the right to disapprove an exception shown on such report that is not shown on the repor 5 0 0 attached hereto as Exhibit D. In the event that Buyer objects 1 any such additional exceptions and Seller is unable to eliminal such exceptions, Buyer shall have the right either to waive it objection to such exceptions and close the escrow subject to suc additional exceptions or to terminate the escrow and all of it liabilities hereunder. (b) At the closing, Seller shall deposit into tl escrow a Grant Deed fully executed and in recordable foi sufficient to convey to Buyer fee title to the Property. Said dec shall recite that title is conveyed subject to only those lien: leases, easements, encumbrances, covenants, conditions ar restriction and other matters of record set forth in subparagrar 6(a) above or which may be approved by Buyer in accordance wit subparagraph 6(a), above. (c) At the close of escrow and as a conditic thereto, Continental Land Title Company shall agree to issue a CL'I Standard Coverage Owner's Policy of Title Insurance, with liabilit in the amount of the purchase price for the property, showing tit1 to the Property vested in Buyer or its designee, subject only t the exceptions approved by Buyer pursuant to subparagraph 6 (e above. 7. Commissions. Buyer and Seller each represent t the other that they have not entered into any agreement or incurre any obligation which might result in the obligation of the othe party to pay a sales or brokerage commission or finder's fee c this transaction and agree to indemnify, defend and hold each othe 6 0 m harmless in the event such representations shall prove to 1 untrue. 8. Attorney's Fees. In the event of any actic between Buyer and Seller seeking enforcement of any of the ten and conditions of this Agreement, or in connection with tl Property, the prevailing party in such action shall be awarded, : addition to damages, injunctive or other relief, its reasonab: costs and expenses, including reasonable attorney's fees. 9. Notices. All notices under this Agreement shall1 effective upon personal delivery to Seller, Buyer or Escrow Holde: as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage fu prepaid and addressed to the respective parties as follows: To Seller: James A. and Ida E. Scanlon 7306 Borla Place Carlsbad, CA 92008 To Buyer: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Direct Spring Mountain Escrow Corporatio 785 Grand Avenue, Suite 101 Carlsbad, CA 92008 ATTN: Billie Schafer Escrow Officer To Escrow Holder: or to such other address as the parties may from time to ti designate in writing. 10. Entire Aqreernent - Amendments. This Agreement andt items incorporated herein contain all of the agreements of t parties hereto with respect to the matters contained herein, and 7 0 a prior agreement or understanding pertaining to any such matt< shall be effective for any purposes. No provisions of th: Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorize representatives of each of the parties hereto, except that ai modifications which relate to the adjustment of time limitatior (except the closing date) or to the form of documents may be mac by legal counsel to the parties. 11. Successors. The terms, covenants and conditio1 of the Agreement shall be binding upon and shall inure to tl benefit of the heirs, executors, administrators and assigns of tl respective parties hereto. 12. Assiqnment. Buyer may not assign its righl hereunder without the prior written consent of Seller. 13. Choice of Laws. This Agreement shall be governc by the laws of the State of California and any question arisir hereunder shall be construed or determined according to such la1 14. Waiver of Covenant, Condition, or Remedy. Th waiver by one party of the performance of any covenant, conditio1 or promise shall not invalidate this Agreement nor shall it 1 considered a waiver by him of any other covenant, condition, ( promise. The waiver by either or both parties of the time fc performing any act shall not constitute a waiver of the time fc performing any other act or an identical act required to 1 performed at a later time. The exercise of any remedy provided : this agreement shall not be a waiver of any consistent remec provided by law, and the provision in this Agreement for any remec 8 0 0 shall not exclude other consistent remedies unless they ax expressly excluded. 15. Interpretation of Aqreement. This Agreement sha] fair meaninc be construed as a whole and in accordance with its Captions and organization are for convenience and shall not be usc in construing meaning. The language of this Agreement shall not1 construed for or against either party. 16. Survival. This Agreement shall survive the close t escrow and shall remain a binding contract between the partic hereto. 17. Time. Time is of the essence of this Agreemen it being understood that each date set forth herein and t obligations of the parties to be satisfied by such date have be the subject of specific negotiation by the parties. 9 - -__I-. - CUI + iz ; 2 $ 0 d 1 =I c 2 '"C 2 "L) o a w -c A> e $a 3 - s : zg 3 s; iz liilllif e FT 20 --_ -- -__ - - I_---_-__ __1__1- Individual AcKnowledgment 5TATE OF CALIFORNIA COUNTY OF San Dieso On this 2 6 th day of and for said County and State, personally appeared } ss. June , in the year 1999, before me, the undersigned, a Notary Pub ............................. *James A. Scanlon and Ida E. Scanlon********************* Personally km~n to me (01 proved to me on the basis of satisfactory evidence) to be the pers0n-S whose name - subscribed to this instrument and acknowledged that they execut WITNESS my hand and official seal. t!OTF;R!' PUbLiC. Ct:l ii URhiA S4N D I70 C0Ill.Ji-Y i / Notary Public in and for saWCounty and State @ LEGAL DESCRIPTION 0 ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 1; RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGOY CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED C 25, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF TRACT 1 OFFICE OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAI[ 117 NORTH 89'57' WEST 147.01 FEET TO AN INTERSECTION WITH THE SOUTt PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEE[ 16, 1930 AND RECORDED APRIL 28, 1930 IN 000K 1763, PAGE 358 OF DEE1 THENCE NORTH 0'55' WEST ALONG SAID PROLONGATION AND THE EASTERLY L. THE LAND SO DESCRIBED IN DEED TO HOFFMAN, 342.53 FEET TO THE NORTH' CORNER THEREOF; THENCE NORTH 89'52'38" EAST 147.01 FEET TO THE WES BOUNDARY LINE OF TRACT 119 OF CARLSBAD LANDS, ACCORDING TO SAID MA 1661; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 119, SOUTH 0'44 342.97 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 200 FEET THEREOF. CARLSBAD LANDS, ACCORDING TO MAP NO. 1661, ON FILE IN THE COUNTY RE SOUTH COAST LAND COMPANY, LOUISE P. HOFFMAN AND ANNIE HOFFMAN, DATt EXHIBIT "A" 2. TERM: The term of his lease shall be or a p ri d of T: Tenant a rees to payQtotal ent of $ qQ0 commencing ' .TA1J\LW2r ,Sl; /wb ,9wE and terminating &A CWyq tq "73- 64 - paya leasf lows: 4% ?-+J, n 0 44 '4 65 &' . Rent installments are pays - I Ld RAAdgYd i.lu..?u d A? 34A~m4M c9 , my[ 8 pA&u4/4*3-3, a.J . qJ-dQ? 4. LATE CHARGE: Tenant acknowledges that late payment of rent may cause Landlord to incur costs and expenses, the exact amoi being extremely diff icult and impractical to fix. Such costs may include, but are not limited to, processing and accounting expenses, may be imposed on Landlord by terms of any loan secured by the property, costs for additional attempts to collect rent, and prepa Therefore, if any installment of rent due from Tenant is not received by Landlord within ,dalendar days after date due, Tei Landlord an additional sum of $ as a late charge which shall be deemed additional rent. The Parties ag charge represents a fair and reasonable estimate of the costs that Landlord may incur by reason of Tenant's late payments. Accep charge shall no! constitute a waiver of Tenant's default with respect to the.past due .. amount, or prevent Landlord from exercising an) remedies under this agreement, and as provided by lay . as a security deposit has been received. Landlord may use therefrom'sucb reasonably necessary to remedy Tenant's default in the payment of rent, to repair damages caused by Tenant, or by a guest or Tenant, to clean the premises, if necessary, upon termination of tenancy, and to replace or return personal properly or appurtenai ordinary wear and tear. If used toward rent or damages during the term of tenancy, Tenant agrees to reinstate said total security t days written notice delivered to Tenant in person or by mail. No later than two weeks after the Tenant has vacated the premises, 11 furnish the Tenant with an itemized written statement of the basis for, and the amount of, any security received and the disposition o c s>Jd*;> .j7y& !$4 f d8 e,&* ., 5. PAYMENT The rent shall be aid at n (4 /%A/ 4 44, 1 6. SECURITY DEPOSIT $ '$0 7. 8. CONDITION: Tenant has examined the premises and all furniture, furnishings and appliarices if any, and fixtures including SI contained therein, and accepts the same as being clean, and in operative condition, with the following exceptions: A 9. 0CCUPANTS;Tspre ises ar fort e sole use as a residence by the following named persons only: &d f u 10. PETS: No animal, bird or pet shall be kept on or about the premises without Landlord's prior written consent, except 43kk 1 1. USE: Tenant shall not disturb, annoy, endanger or interfere with other Tenants of the building or neighbors, nor use the premise purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. 12. RilLES & REGULATIONS: Tenant agrees to comply with all CC&R's, Bylaws, reasonable rules or regulations, decisions of.ow which are at any time posted on the premise or delivered to Ten, I t a opted by owners'associatio and to be liable for an' levied due to violation(s),*&*'d I*) P-apbL-.', kmi M..L them as clean and sanitary as their condition permits. Excluding ordinary wear and tear, Tenant shall notify Landlord and pa replacements caused by Tenant(s) or Tenants invitees' negligence or misuse. Tenant's personal property is not insured by La 14. ALTERATIONS: Tenant shall not paint, wallpaper, add or change locks or 15. KEYS: Tenant acknowledges receipt of& keys to premises and At Tenant's expense, Tenant may re-key existing locks and shall deliver duplicate keys to Landlord upon installatiog. 16. ENTRY: Upon not less than 24 hours notice, Tenant shall make the premises available during normal business hoursto Landlorc or representative, for the purpose of entering to (a) make necessary or agreed repairs, decorations, alterations or improvements 01 or agreed services, or (b) show the premises to prospective or actual purchasers, mortgagees, tenants, or contractors. In an em( authorized agent or representative may enter the premises, at any time, without prior permission from Tenant. 17. ASSIGNMENT & SUBLETTINGS: Tenant shall not let or sublet all or any part of the premises nor assign this agreement or a 18. POSSESSION: If Tenant abandons or vacates the premises, Landlord may terminate this agreement and regain lawful posse 19. HOLD OVER: Any holding over at the expiration of this lease shall create a month to month tenancy at a monthly rent of $ f 20. ATTORNEY'S FEES: In any action or proceeding arising out of this agreement, the prevailing party shall be entitled to reasona 21. WAIVER: The waiver of any breach shall not be construed to be a continuing waiver of any subsequent breach. 22. NOTICE: Notice to Landlord may be served upon Landlord or Manager at 23. ESTOPPEL CERTIFICATE: Within 10 days after written notice, Tenant agrees to execute and deliver an estoppel certifica Landiord acknowledging that this agreement is unmodified and in full force and effect or in full force and effect as modif modifications. Failure to comply shall be deemed Tenants acknowledgement that the certific temby ndlord is tl may be relied upon by a lender or purchaser.. r &G Mi . [ ./" OfLL' JL 13. MAINTENANCE Tenanm properly use and operate a P' I furniture, furnishings and appliances, electrical, gas and plumbing payable in advance. All other terms and conditions herein shall remain in full force and effect. and costs. ~~cZ+&.dQVd Hw- 24. ADDITIONAL TERMS AND CONDITIONS:G & ; jhh +G wW PLcR,h* W/t&r& LC &fib4 .I 25. ENTIRE CONTRACT: Time is of the essence. All prior agreements between the parties are incorporated in this agreement vil entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are i may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend constitutes the complete and exclusive state nt o its terms and that no e proceeding, if any, involving this agreemenic .69 &# &&+&L.$ e undersigned have read the foregoing prior t THIS STANDARDIZED DOCUMENT FOR USE IN SIMPLE TRANSACTIONS HAS BEEN APPROVED BY THE CAU MADE ASTOTHE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NOT CURENnY PUBLISHED BY MECALIFORNIA ASSOClN OF REALTORS@ OR THE LEGAL OF ANY PROWSON IN ANY SPECIFK: TRANSACTION. IT SHOULD NOT BE USED IN COMPLM TRANSACTONS OR Wrm EXTENSIVE RIDERS OR ADMTHXJS. A REAL ESTATE BROKER IS ME PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX AOWE CONSULT AN APPRO1 OFFICE USE ONLY - This Earn IS availaM?laus? byme enbre real estate indusby The use dhls fcim is rohntended bldenmyth?u~eras a REALTOR? flf3LTORq isa Reviewed by Broker or Designee- I lgwed collffbve mmbrsh~p mak whch may be used cmb by real estate licensees vh are memters of Ihe NATIONAL ASSOCV\TK)N OF fl&TORS@anrlvhsubscnbetDIsCcdedEhHs. Copyrighlo lod6,1987, CALIFORNIA ASSOCIATION OF REALTORS@ ~~§,S~yl~nV~f~ll Avenue, Lo8 Angelde. California DO020 011 FORM LR-14 e me GENERAL PROVISIONS 1. IT IS MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVEl 2. The close of escrow shall be the day documents deposlted in this escrow are recorded 3. If the conditions of this escrow have not been complied with at the time provlded for in these instrucl 4. nevertheless to complete this.escrow as soon as the conditions (except as to time) have been complied with, UI 5. demand for the return of money and/or instruments by a party to this escrow Is received by you prior to the re 6. instrument provided for in these instructions. 7. No notice, demand, or change of instructions shall be of any effect unless given to you in writing and approve 8. all parties affected by the same. 9. If, before or after recording documents, you receive or become aware of any conflicting demands or clai io. "conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or propert: 11. affected, you shall have the right to discontinue further performance on your part until the conflict is resolved to yo1 12, In addition, you shall have the right to commence or defend any action or proceeding you deem necessary for the d 13. of the conflict. A conflict shall be deemed to be your receipt of unilateral instructions or mutual instructions from 14. all of the parties to this escrow. 15. Should any controversy arise between the parties to this escrow or with any third person, you shall not be li; 16. action of any kind, but may withhold all moneys, securities, documents or other things deposited into esc 17. controversy has been determined by agreement of the parties or by legal process. 18. In the event any action is commenced to determine a conflict or otherwise to enforce or declare the pro! 19. instructions or to rescind them including, but not limited to: a suit In interpleader, whether or not the action is pra 20. judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party in any SUC 21. becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any 22. arising out of or in any way related to these instructions, whether or not suit is actually commenced, the partie 23. jointly and severally agree to pay all of your costs, damages, judgments and expenses, including attorneys' fees, 24. in connection wi!h the same. 25. It is understood that the fees agreed to be paid for your services are for ordlnaryand usual services only, and 26. any extraordinary or unusual services rendered by you, the undersigned agree to pay reasonable compensation 27. extraordinary or unusual services, together with any costs and expenses which may be incurred by you in coni -' 28. same; and you are hereby given a lien upon all documents, moneysand securities deposited in this escrow until y 29. compensated or reimbursed. It is understood that in the event this escrow is cancelled, you will receive compe 30. services as you have rendered In connection with this escrow. 31. Escrow holder shall not be held liable for sufficiency or correctness as to form, manner or execution o 32. document deposited into escrow, nor as to the identity, authority, or rights of any person executing them, nor fa 33. party to this escrow to comply with any of the provisions of any agreement, contract or other instrument filed 34. these instructions. The duties of escrow holder shall be limited to the safekeeping of money, instruments or o 35. received by escrow holder and for the disposition of them in accordance with the written instructions accepted by 36. The knowledge of escrow holder of matters affecting the property, provided such facts do not prevent compl 37. instructions, does not create any liability or duty in addition to the responsibility of escrow holder under the 38. Escrow holder shall not be obligated to make any physical examination of any real or personal property d 39. document deposlted Into this escrow. The parties agree escrow holder is not making any represefitatlonswhats 40. said property. 41. Escrow holder shall be under no obligation or liahllity for failure to inform the parties to this escrow regardin 42. exchange, or other transaction of facts within the knowledge of escrow holder concerning the herein described pr 43. it does not prevent escrow holder's compliance with these instructions. 44. Escrow holder shall not be concerned with giving any disclosures required by Federal or State law, includir 45. to, any disclosures required under Regulation Z pursuant to the Federal Consumer Credit Protection Act, the effc 46. laws. ordinances or regulations affecting any other property described in this escrow. The undersigned join 47. agree to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by eltl 48. respective agents or the failure of the parties to this escrow to comply with the rules and/or regulations of ai 49. agency, state, federal. county, municipal or otherwise. Parties to this escrow have satisfied themselves outside 50. transaction is not in violation of the Subdivision Map Act or any other law relating to land division, and escrow ho 51. all responsibility and/or liability in connection with the same and is not to be concerned with the enforceme 52. You are authorized and instructed to utilize the services of a sub-escrow agent, within the scope of Sectioi 53. California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necc 54. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brolers as n 55. by them, including, but not limited to copies of all instructions and closing statements in this escrovy. Escron 56. accept funds deposited to our account by our broker or agent without further authorization. 57. All deposits made by the parties to this escrow shall be deposited by escrow holder in an account desigr 58. Trust Account" with any local bank, without any llablllty for interest. All disbursements shall be made by check 59. drawn on said account. Escrow holder shall not be obligated to identify or to guarantee the signature of ar 60. checks. All documents and checks in favor of the parties shall be mailed. unregistered, to the addresses of the r 61. set forth in these instructions. 62. These instructions may be executed in counterparts, each shall be deemed an original regardless of the di 63. deiivered. and said counterparts shall constitute one and the same instrument. 64. The signature of the undersigned hereon and on any document(s) and instrument(s) pertaining to thisescrc 65. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge receipt of 66. instructions. 67. EXHIBIT 'I C" 68. - .. 1 1 c- 0 cg LITIGATION GUARANTEE Guarantee No. 78-00 00 Lawyers Ttle Insurance Corporation a Virginia corporation, herein called the Company, SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHE' PROVISIONS OFTHE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PAR OF THIS GUARANTEE, the Company, for the fee paid for this Guarantee, the number. amount and effecti date of which are shown herein, hereby Guarantee the parties herein called the Assured, against loss not exceedir the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assuran which the Company hereby gives that. according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; IN WITNESS WHEREOF. the Company has caused this Guarantee to be signed and sealed. to be valid whc countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. ,.--.\, ,-p/..*--. --- \wsue+,, ..., 9 'e hwyers 3tle Insurance @pmt ;2; -.- ':G', \5:.,. 1 9 t 5 ..q "r""~0 25- Codhmtai Lami 3tie WPSW an m, Catifornle 92111 4542 Rl.mer st. is iS&.:\ \ ............-. e./ L-4- Attest : 8M*L Presid Lpd Secre I.iligaiion (nu.~r,nicu I I I< t I,,", '5 Kc, In I - :.<tu I .tl(H>II EXHI BIT "D" ;- * c. LITIGATION GUARANTEE ' EFFECTIVE DATE: MARCH 17, 1989 AT 8:OO A.M. GUARANTEE NUMBER: 78-00-002-472 ORDER NUMBER: 133791-05 LIABILITY: $10,000.00 PREMIUM: $400.00 YOUR REFERENCE: SCANLON ASSURED: THE CITY OF CARLSBAD THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED 1 COVERED BY THIS GUARANTEE IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: JAMES A. SCANLON AND IDA E. SCANLON, HIS WIFE, AS COMMUNITY PROPERTY I THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CA NIA, COUNTY OF SAN DIEGO AND IS OESCRIBED AS FOLLOWS: 7. SEE LEGAL DESCRIPTION ATTACHED EXHIBIT 'ID" OeDER NO.: 133791-05 (0 k re LEGAL DESCRIPTION ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 SO RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STA CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTO 25 9 1875, DESCRIBED' AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF TRACT 117 CARLSBAD LANDS, ACCORDING TO MAP NO. 1661, ON FILE IN THE COUNTY RECOE OFFICE OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID TF; 117 NORTH 89'57' WEST 147.01 FEET TO AN INTERSECTION WITH THE SOUTHERL PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED FF SOUTH COAST LAND COMPANY, LOUISE P. HOFFMAN AND ANNIE HOFFMAN, DATED 1 16, 1930 AND RECORDED APRIL 28, 1930 IN BOOK 1763, PAGE 358 OF DEEDS; THENCE NORTH 0'55' WEST ALONG SAID PROLONGATION AND THE EASTERLY LINE THE LAND SO DESCRIBED IN DEED TO HOFFMAN, 342.53 FEET TO THE NORTHEAS1 CORNER THEREOF; THENCE NORTH 89'52'38" EAST 147.01 FEET TO THE WESTER!. BOUNDARY LINE OF TRACT 119 OF CARLSBAD LANDS, ACCORDING TO SAID MAP Nt 1161; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 119, SOUTH 0'44' E/ 342.97 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 200 FEET THEREOF. EXHIBIT "D " ORDER NO: 133791-05 (:- +e <- . THE TITLE TO SAID ESTATE OR INTEREST IS SUBJECT TO THE FOLLOWING EXCEPTIONS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVEN AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF SAN DIEGO PURPOSE: PUBLIC HIGHWAY AFFECTS: THE SOUTHERLY 40 FEET AND EASTERLY 26 FEET RECORDED: APRIL 28, 1931 IN BOOK 1887, PAGE 227 OF DEEDS 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF SAN DIEGO PURPOSE : PUBLIC HIGHWAY RECORDED: SEPTEMBER 23, 1939 IN BOOK 937, PAGE 455 OF AFFECTS: THE WESTERLY 4 FEET OF THE EASTERLY 30 FEET OFFICIAL RECORDS OF SAID LAND SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRi STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMI' SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANI EXHIBIT "D" ORDER NO.: 133791-05 fF - e c. SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR AND 4 TO BE MADE DEFENDENTS IN AN ACTION TO CONDEMN AN INTEREST IN SAID LAND TO BE BROUGHT BY: THE CITY OF CARLSBAD INTEREST BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED I, 2, 3 AS PLAINTIFF, ARE AS FOLLOWS: 1. JAMES A. SCANLON, AS OWNER 7306 BORLA PLACE CARLSBADt CA. 92008 2. IDA E. SCANLON, AS OWNER 7306 BORLA PLACE CARLSBAO, CA. 92008 EXHIBIT "D " , .. a r. I ' .-- -, sTL&7T' - L i '* , -. a .. .. - cl * c ***. *,a' GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS Guarantee or, if this Guarantee is issued for the benefit of mortgage, the Company shall have the option to purchase thc secured by said mortgage. Such purchase. payment or tender the full amount of the Guarantee shall terminate all li Company hereunder. In the event after notice ofclaim has be Company by the Assured the Company offers to purchase I ncss, the owner of such indebtedness shall transfer an indebtedness and the mortgage securing the same to the C The following terms when used in this' Guarantee ma: (a) 'land": the land described specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real propeny. (b) 'public records": those records which impart constructive notice of matters relating to said land; (c) 'date": the effective datc; payment of the purchase price. (dl ?he A~~ured": the party or parties named as the Assured in this Guarantee. or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. 6. LIMITATION OF LIABILITY - PAYMENT OF LOSS (a) The liability of the Company under this Guarantee sha the amount of actual loss sustained by the Assured beca upon the assurances herein set forth, but in no event sha exceed the amount of the liability stated on the face (b) The Company will 'pay all costs imposed upon ti litigation carried on by the Company for the Assure( and attorney's fees in litigation carried on by the As written authorization of the Company. No claim for damages shall arise or be maintaina Guarantee (I) if the Company after having reaivec alleged defect. lien or encumbrance not shown as a~ excluded herein removes such defect, lien or encumb reasonable time after receipt of such notice. or (: voluntarily assumed by the Assured in settling any without written consent of the Company. All payments under this Guarantee. except for attl provided for in paragraph 6(b) hereof. shall reduce the liability hereunder pro tanto. and no payment shall bc producing this Guarantee for indorsement of such pay1 Guarantee be lost or destroyed. in which case proof destruction shall be furnished to the satisfaction of tl When liability has been definitely fixed in accord conditions of this Guarantee. the loss or damage sh 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liabiiity for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Unpatented mining claims; reservations or exceptions in patentsor in Acts authorizing the issuance thereof; water rights, claims or title to water. Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee. or title to st-. roads, avenues. lanes. ways or waterways on which such land abuts, or the right to maintain therein vaults. tunnels. ramps orany otherstructure or improvement or any rights or easements therein unless such property. rights or casements arc expressly and specifically set forth in said description. (d) Defects. liens. encumbrances, adverse claims against the title as guaranteed or other matters (I) created. suffered. assumed or agreed to by one or more of the Assurrd; or (2) resulting in no loss to the Assured. within thirty days thereafter. (c) (b) (c) (d) (e) 3. PROSECUTlON OF ACTIONS 7. SUBROGATION UPON PAYMENT (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be ncassary or desirable to establish or confirm the matters herein guarantd. and the Company may take any appro- priate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. In all cases when the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use. at its option. the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding and the Company shall reimburse the Assured for any expense so incurred. Whenever the Company shall have settled aclaim underthi! right of subrogation shall vest in the Company unaffected b Assured. and it shall be subrogated to and be entitled ta remedies which the Assured would have had against any pec in respect to such claim had this Guarantee not been issued. does not cover the loss of the Assured. the Company shall b such rights and remedies in the proportion which said paym amount of said loss. The Assured if requested by the C transfer to the Company all rights and remedies against property necessary in order to perfect. such right or subrog permit the Company to use the name of the Assured in an! litigation involving such rights or remedies. (b) 8. GUARANTEE ENTIRE CONTRACT 4. NOTICE OF LOSS - LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined. and no right of action shall ame to the Assured under this Guarantee until thirty days after such statement shall have been furnished. and no recovery shall be had by the Assured under this Guarantee unlcss action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnishsuch statement of loss ordamage or tocommence such action within the time hereinbefore specified, shall bea conclusive bar against maintenance by the Assured of any action under this Guarantee. OPTlON TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee. or to pay the full amount of this Any action or actions or rights of action that the Assured n bring against the Company arising out of the subject matte] based on the provisions of this Guarantee. No provision or conditon of this Guarantee can be wail except by a writing endorsed or attached hereto signed by Vice President. the Secretary. an Assistant Secretary or c officer of the Company. 9. NOTICES. WHERE SENT All notices required to be given the Company and any state required to be furnished the Company shall be addresse Office. P.O. Box 27567. Richmond. Virginia 23261, or to it Office, 60 Universal City Plaza. Universal City. California office which issued this guarantee. The fee specified on the face of this Guarantee is the total fe and examination and for this Guarantee. 5. IO. 0 b, AN0 WHEN RECORDED MAIL THIS DEE0 AN0 UNLESS OTHERWISE SHOWN BELOW MAIL TAX STATEMENT TO NameGLOf Carlsbad att: City Mgr Street : Address 1200 Carlsbad Village Drive “;a: Carlsbad Ca 92008 MAIL TAX STATEMENTS TO ~ame same as above Slreel Address CllY E Slate TITLE OROER NO ESCROWNO11648-B e SPACE ABOVE THIS LINE FOR RECORDER’S USE I e LEGAL DESCRIPTION e ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 12 RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, CALIFOHNIAy ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED 0 25, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF THACT 1 OFFICE OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID 117 NORTH 89'57' WEST 147.01 FEET TO AN INTERSECTION WITH THE SOUTF PROLONGATION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEEC 16, 1930 AND RECORDED APRIL 28, 1930 IN BOOK 1763, PAGE 358 OF DEEC THENCE NORTH 0'55' WEST ALONG SAID PROLONGATION AND THE EASTERLY L1 THE LAND SO DESCRIBED IN DEED TO HOFFMAN, 342.53 FEET TO THE NORTHE CORNER THEREOF; THENCE NORTH 89'52'38" EAST 147.01 FEET TO THE WES- BOUNDARY LINE OF TRACT 119 OF CARLSBAD LANDS, ACCORDING TO SAID MAF 1661; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 119, SOUTH 0'44 342.97 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 200 FEET THEREOF. CARLSBAD LANDS, ACCORDING TO MAP NO. 1661, ON FILE IN THE COUNTY RE SOUTH COAST LAND COMPANY, LOUISE P. HOFFMAN AND ANNIE HOFFMAN, DATE EXHIBIT "A" -2. \,- e L e e I CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated June 26, 1990 from James A. Scanlon and Ida E. Scanlon ....................... to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsba California pursuant to resolution No. 90-142 , adopted on May 22, 1990 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 26, 1990 By : dT?A*miitZz*/ie