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Home My WebLink About1987-10-13; City Council; 9033-1; SETTLEMENT AGREEMENTS FOR LA COSTA AVENUE RIGHT OF WAY ACQUISITION1 -. * n 9 C3 LST a, 2 .. z 0 5 4 = 0 $ 0 0 I GlYWF CARLSBAD - AGENPBILL q*f ”, J AB# 9033 -? TITLE: SETTLEMENT AGREEMENTS FOR DEPT. CITY 1 MTG. 10/ 13/87 LA COSTA AVENUE RIGHT-OF-WAY ACQUISITION DEPT..- CITY I RECOMMENDED ACTION: Adopt Resolution No. 9?5r approving a settlement agreem between the City of Carlsbad and Esposito Development Compa accepting easement dedications, and authorizing payment related fees for right-of-way acquisition for the City’s La Co Avenue improvement projects. Adopt Resolution No. 9 a g 9 accepting dedication of easeme from the American Lutheran Church, approving escrow instructio and authorizing payment for the conveyance of easement intere and related fees for right-of-way acquisition for the City’s Costa Avenue improvement projects. ITEM EXPLANATION: On June 2, 1987, the City Council adopted Resolution No. 9 authorizing and directing the condemnation of necessary righ of-way for the construction of the La Costa Avenue improvem projects. Subsequent to this action, the City secured immedi orders of possession from the Superior Court to enable proceed with construction of the intersection improvements at La Co Avenue and El Camino Real and the accompanying La Costa Ave Mitigation pro j ect . The intersection improvement portion of project will be completed within the next few weeks. The lag mitigation portion of the project was completed on September 1987. A settlement agreement has been negotiated between the Cit counsel, the law firm of Asaro and Keagy of San Diego, for condemnation action and two (2) of the property owners with requiring to proceed to trial. Negotiations are continu between counsel and the remaining three (3) property owners. Staff recommends Council’s approval of the above recommen action. FISCAL IMPACT: The City Council appropriated a total of $293,000 on June 1987, Resolution No. 9102, representing the appraised value all required rights-of-way located within both the city Carlsbad and the city of Encinitas necessary for the La Co Avenue improvement projects . The settlement agreement with Esposito Development Company w result in the City acquiring all necessary rights-of-way requi from this property owner for the ultimate improvement of La Co Avenue located within Carlsbad and Encinitas at no cost. appraised value of this right-of-way is $89,000 which wo otherwise be paid to the property owner as compensation for acquisition. Additionally, this party will be required to pay the City, upon recordation of the final subdivision map, .. a Q Page Two of Agenda Bill No. 7033- / City's Traffic Impact Fees and Bridge and Thoroughfare Fees effect at the time. Currently, this amount would total $38,4 Further, Section 10 of the agreement reserves the right of developer to apply for reimbursement solely from the San Di County Flood Control District for potential drainage culv improvements. The City of Carlsbad is not obligated to prov potential reimbursement to the developer through this agreeme Finally, the City will be relieved of additional administrat costs and legal fees associated with proceeding with condemnation action. In exchange, the City agrees to waive a frontage improvement lieu fee of $5,100 per unit which was imposed several years by the County of San Diego, predecessor to the City of Encinit as a condition of approval of the developer's tentative map. should be noted that this development of approximately thirty- (32) single-family units is wholly located within the city Encinitas and has no direct access onto La Costa Aven Further, its primary circulation impacts lie within the city Encinitas although the property does have frontage in Carls located along the southern right-of-way line of La Costa Aven City's counsel for this action has questioned the foundation ability to successfully defend the imposition of this condit which would likely be challenged if a negotiated settlem cannot be reached with the developer. Counsel and sta therefore, recommend approval of the attached settlem agreement with the property owner which will result in immedi acquisition of all required rights-of-way within both Carls and Encinitas required from this property owner for the ultim improvement of La Costa Avenue. The agreement reached with the American Lutheran Church w result in the City's acquisition of required private prope rights-of-way solely within the city of Carlsbad for appraised value of $10,914. Acquisition of additional rights- way required from this property owner located within the city Encinitas are the subjects of continuing negotiations subsequent condemnation actions. As referenced above, the City Council has previously appropria sufficient funds to acquire necessary rights-of-way for improvement of La Costa Avenue without requiring additio appropriations. Staff recommends acceptance of the easem dedications from the American Lutheran Church required for t project . EXHIBITS : 1. Resolution No. 9?5 r approving a settlement agreem between the City of Carlsbad and Esposito Developm Company. Resolution No. 92s? accepting easement dedications from ' American Lutheran Church and authorizing payment required the improvements to La Costa Avenue. . 2. * - e e CERTIFIED COPY OF RESOLUTION OF BOARD OF TRUSTEES THE AMERICAN LUTHERAN CHURCH December 15,1980 WHEREAS, The Constitution of The American Lutheran Church provides that "The chairman or vice-chairman and the secretary or the executive secretary of the Board of Trustees shall sign on behalf of The American Lutheran Church all documents pertaining to the management and control of the business affairs of this church"; and WHEREAS, The Board of Trustees desires to expedite the conveyance of title to real estate and to satisfy the requirements of title companies and title examiners; therefore be it RESOLVED, That when and as such deeds or other conveyances or documents are required, the chairman or vice-chairman and the secretary or executive secretary of the Board of Trustees be and they are hereby authorized and empowered to execute all of such deeds, conveyances and other legal papers or documents which may be necessary or required to transfer title to such real estate and if requested, the secretary of the Board of Trustees be and he is hereby authorized and empowered to furnish a certified copy of this resolution and to further certify that said resolution is still in full force and effect on the date of such certification. STATE OF MlINNESOTA ) ss COUNTY OF HENNEPIN ) Paul A. Roe, being duly sworn, says that he is the duly elected and qualified secretary ol the Board of Trustees of The American Lutheran Church, a corporation under the laws ol the State of Minnesota; that the foregoing is a true and correct copy of a resolution dull adopted by the Board of Trustees of said corporation on December 15, 1980; that the foregoing resolution has not been rescinded, revoked, modified, changed, or supersedec by any subsequent action of the Board of Trustees and that the same is at this time in fu! force and effect. m c.c5%g Paul A. Roe Secretary of the Board of Trustees of The American Lutheran Church Subscribed and sworn before me this /6@ day of *, 19 8;7 . 4- N 0 taryfublif A+@+ *--e "~ a e CERTIFIED COPY OF RESOLUTIQN OF BOARD OF TRUSTEES THE AMERICAN LUTHERAN CHURCH December 15, 1980 WHEREAS, The Constitution of The American Lutheran Church provides that "Th chairman or vice-chairman and the secretary or the executive secretary of the Board o Trustees shall sign on behalf of The American Lutheran Church all documents pertainini to the management and control of the business affairs of this church"; and WHEREAS, The Board of Trustees desires to expedite the conveyance of title to rea estate and to satisfy the requirements of title companies and title examineis; ihereforc be it RESOLVED, That when and as such deeds or other conveyances or documents arc required, the chairman or vice-chairman and the secretary or executive secretary of thc Board of Trustees be and they are hereby authorized and empowered to execute all o such deeds, conveyances and other legal papers or documents which may be necessary o required to transfer title to such real estate and if requested, the secretary of the Boarc of Trustees be and he is hereby authorized and empowered to furnish a certified copy o this resolution and to further certify that said resolution is still in full force and effect 01 the date of such certification. 1 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Paul A. Roe, being duly sworn, says that he is the duly elected and qualified secretary 03 the Board of Trustees of The American Lutheran Church, a corporation under the laws ol the State of Minnesota; that the foregoing is a true and correct copy of a resolution dull adopted by the Board of Trustees of said corporation on December 15, 1980; that thc foregoing resolution has not been rescinded, revoked, modified, changed, or supersede( by any subsequent action of the Board of Trustees and that the same is at this time in fu! force and effect. m &, r- Paul A. Roe Secretary of the Board of Trustees of The American Lutheran Church Subscribed and sworn before me this /6 a 4- day of & 919 5,7. 1 **m+*** %m+Jy@* 0 0 - 1200 ELM AVENUE TELEPI CARLSBAD, CALIFORNIA 92008 (619) 434 Office of the City Clerk aitg df @ldf3btlb 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 & 34 3. Original Easement for Grading, Landscaping and Irrigation from Esposito Development Company to the City of Carlsbad AI": 216-110-33 4. Copy of Resolution No. 9258 which approved the execution of the above documents gELw eputy City Clerk Encs * . a e '1200 ELM AVENUE TELEPC CARLSBAD, CALIFORNIA 92008 (619) 431 Office of the City Clerk Mitg of Marlsbab October 20, 1987 MacFarlane and Associates, Inc. 3078 North Park Way San Diego, CA 92104 Re: Right-of-way Acquisition - La Costa Avenue - American Lutheran Church The Carlsbad City Council, at its meeting of October 13, 1987, adopted Resolution No. 9259, accepting easement dedications and authorizing compensation and payment of fees for right-of-way acquisition for the La Costa Avenue improvment project. Enclosed per instructions in Resolution No. 9259 are the following described documents: 1. Original Easement for Public Highway from the American Lutheran Church to the City of Carlsbad APN: 216-110-22 2. Original Easement for Grading9 Landscaping, and Irrigation from the American Lutheran Church to the City of Carlsbad; APN: 216-110-22 Original Escrow Instructions and Supplemental Escrow Instructions which have been signed by Mayor Lewis on behalf of the City of Carlsbad 3. 4. Copy of Resolution No. 9259 which authorized the above actions. SELP Deputy City Clerk Ems. 4 0 e % 1200 ELM AVENUE TELEPI CARLSBAD, CALIFORNIA 92008 (619) 431 Office of the City Clerk Mitg of Marlsbab October 20, 1987 Jane Pool, City Clerk City of Encinitas 535 Encinitas Blvd., #lo0 Encinitas, CA 92024 Re: La Costa Avenue Right-of-way Acquisition 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 authorizing payment of related fees for right-of-way acquisition for the City's La Costa Avenue improvement project. Section 5, of Resolution No. 9258, requires that we transmit a certified copy of the Resolution to the City of Encinitas. Enclosec in accordance with that requirement is a certified copy of Carlsbad City Council Resolution No. 9258 for your records. *ZTT Deputy . EN City Clerk Em. 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 l7 18 19 2o 21 22 23 24 25 26 27 28 0 0 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 PAYME” OF REZATED FEES LA COSTA AVENUE IMPROVEMENT PROJECTS FOR RIGHT-OF-WAY ACQUISITIOM FOR THE CITY’S WHEREAS, Esposito Development Company is the own certain real property located in San Diego County, Calif and more particularly described in the Settlement Agr identified as attached Exhibit A attached heretc incorporated by reference herein; and WHEREAS, the City of Carlsbad desires to acquire a p of said real property for the purposes of its La Costa improvement projects : and WHEREAS, the City of Carlsbad has commenced an e domain action in the Sari Diego County Superior Court County), Case No. N37199, to acquire a portion of the pr herein described; and I WHEREAS, Esposito Development Company is currently process of developing certain real property herein descrik as a condition of said development, certain conditions 1 in favor of the City of Carlsbad have been imposed; and WHEREAS, the parties hereto desire to settle the c domain action in its entirety, and cause the property described to be conveyed by the Esposito Development Comr the City of Carlsbad pursuant to the terms and conditic forth in this agreement; /// * 1 2 3 4 !j 6 7 8 9 lo I' l2 l3 14 l5 l6 l7 l8 l9 2o 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT RESOLVED by the City Council ol 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 AGI and PURCHASE and SALE AGREEMENT and ESCROW INSTRUCTIONS, 2 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 agl and one (1) signed copy shall be forwarded by the City C1 the City's authorized agent for this transaction, MacFarlz Associates, Inc., 3078 North Park Way, San Diego, Calij 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 fr Esposito Development Company and hereby directs the Cit) 1 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 insurar estimated escrow expenses required herein. 5. That the City Council of the City of Carlsbz hereby authorize and recommend the waiver of the in-lieu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? I.8 19 20 21 22 23 24 25 26 27 28 0 0 ($5,100 per unit) which was imposed by the County of San D as a condition of approval of Tentative Map No. 4563. Sa lieu fee having been originally requested by City in 1: 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 . City of Encinitas, the successor entity to the County ( Diego. PASSED, APPROVED AND ADOPTED at a regular meeting c Carlsbad City Council held on the 13th day of October 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lars NOES: None ABSENT : None ATYEST: i I 19 Clerk (SEAL) L,\IILVL, I\ c 0 0 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 IIEsposito") and the CITY OF CARLSBAD, a municipal corporation, (hereinafter referred to as "City") and is entered into with reference to the following facts: REC ITA LS 1. Esposito is the owner of certain real property located in San Diego County, California, and more particularly described in Exhib- it "A1', 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 IIBll, (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. N37193, to acquire a portion of the property described in Exhibit aB''. 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 -1 - . 0 e 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 "C", 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 within the scope of the proposed project the extension off the existin box culvert (located at Engineer Station 63+85.90) to the ultimat 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. ll 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 -2- 0 e closing date, the easement deeds (Exhibits "D" and "E") 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 date : (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 "E1') including a certificate of acceptance to be attached thereto. Close of Escrow 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 I'D" and "Ef1, 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 $89,000.00, insuring that title to the property vests in City, subject only to those matters referred to in Paragraph 8 herein. 16. If all of the conditions set forth herein become satisfied at a date earlier than the closing date, Escrow Agent shall so close the escrow at such earlier date. 17. City shall pay all escrow, recording fees, and the premium charged for the title insurance policy. War ranties 18. Esposito warrants that it has the authority to enter into this Agreement, and that it knows of no actions, claims, claims for possession, including adverse possession, or litigation pending concern- ing the.property as of the date of this Agreement, and that there are no oral or written leases on all or any of the property. Survival of Agreement 19. To the extent that they constitute an agreement between Esposito and City, the executory provisions of this Agreement and the covenants of City to Esposito and Esposito to City shall survive the -3 - 0 e close and consummation of this escrow, and .;$-iall 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 deiiv- 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: Esposito 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 E 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. -4- 0 0 22. Informing Parties. Escrow Agent shall have nc 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 executior 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 mame 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 "escrowif shall mean the escrow created by this Agreement. -5 - e 0 30. Cash Defined. Whenever used in this Agreement tt term "cash" means currency, cashier's checks, or Federal Funds wit transferred into Escrow Agent's bank account. 31. Exhibits. All exhibits referred to herein and attach€ hereto are a part hereof. 32. Entire Agreement. This Agreement contains the entir agreement between the parties relating to the transactions contemplate 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 i in writing and signed by the party against which the enforcement c such modification, waiver , amendment, discharge or change is or ma 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 partie hereto and their respective legal representatives, successors and as signs. 35. Construction. This Agreement shall be construed anc enforced in accordance under the laws of the State of California. 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 o 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 1- .-/ , 1987 ESPOSITO DEVELOPMENT COMP A California Limited Partnership ESP0 CORP. , General Partner - By : October Dated: &adgm4x , 1987 CITY OF CARLSBAD By: CLAUDE A. LEWIS,. Mayor ATTEST: DK :MDDCT/062487c ALETHA L. RAUTENKRANZ, City C -6- (SEAL) 6 L 0 a EXHIBIT "A" LOT 6 IN SECTION 34, TOWNSHIP 12 SOUTII, RANGE 4 WEST, SAN BERNARD MERIDIAN, PARTIALLY IN THE CITY OF ENCINITAS AFID PARTIALLY IN ' CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. CITY OF CARLSBAD, ATAL IN TfIE COUNTY OF SA11 DIEGO, STATE t e @ EXHIBIT "B" I%~~V'ENT FOR WBLIC HIGHWAY Assessor's Parcel Project LA COSTA AVENUE NO, 216-110-33E34 W.O. No. 3206 ESPOSITO PROPERTiES hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the C CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public t and public utility purposes and lncldents 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 Sect Township 12 South, Range 4 West, San Rernnrclino Base and Merlclian, in the County Diego, State of California, accordlog to the United States Government Survey tliereo within the following 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 POINT OF BEGINNING; thence North 72O56'! 154.41 feet to the beginning of a tangent 1,440 'foot radius curve concave Southerly Easterly along said curve tiirough a central angle of 18*11'59'' a distance of 457. thence South 88O49'07" East 404.45 feet; thence South 11!1°57'52" East 300.06 feet: South 88O49'07'' East 24.45 feet to the Easterly tine of said Lot 6; thence South 0 East along the Easterly IIfie 108.73 feet; thence North 89O33'50'' West, 5.22 feet to a the arc of a non-tangent, 20.00 foot radius curve, concave Southwesterly, a radia sald point bears $South 89O33'58'' East; thence Northwesterly along the arc of sal through a central angle of 89O15'09" a distance of 31 .I5 feet; thence North 01°10'5 3.00 feet: thence North 88°49'071' West, 652.67 feet to a point herein designated Pa thence continuing North 88*49'07" West, 50.00 feet to a point designated Point ''B" continuing .North 80°49'07" West, 4.45 feet to the beginning of a tangent, 1,36Q radius curve, concave Southerly; thence Westerly along the arc of said curve tt central angie of 18°11'S918 a distance of 432.00 feet; thence tangent to said cur\ 7Z058'54" West, 177.45 feet to the Westerly line of salcl Lot 6; thence North OOO57' along the Westerly line 03.25 feet to the TRUE POINT OF I3CGINNING. -__ -. -. -__ __ TOGETHER with the privilege and riglit to extend draiiiayo slructures and excav embankrnent slopes 35 feet beyond the llrnits of the herein described riglit-of-w requlred for the construction and malnlenancc of said public highway. e e PARCEL II: TOGETHER wlth that portlon of said Lot 6 lying 10.00 feet Southerly of and par concentric with the following described line: BEGINNING at said Point ''A''; thence North 08O49'07'' West, 511.'15 feet to the begin1 tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the ar curve through a central angle of 1U011'59" a distance of 1132.00 feet; thence tangen curve South 72O50'54'' West, 120.05 feet to tl>e POINT OF TERMINUS. PARCEL 111: ALSO TOGETllER with that portion of said Lot G lying willaln a 40.00 foot wide stri lying Southerly of and parallel to and concentric wit11 the following described line: Commencing at said Point "0": thence South 01°10'53t' West, 10.00 feet to the TRC OF BEGINNING I: thence North 68°119'07't West, II.45 feet to the beglnnirig of a 1,350.00 foot radius curve, concave Southerly; thence Westerly alor~g t1ie arc of sI through a central anglc of 1loQ2'52'' a distancc of 276.02 feet to the POlNT OF TERE Said 40.00 foot wide strip of land is requlred for the placement of the tielmcks cribwall. For the exact location of the tiebacks, see City or Cnrlsbsd Drawing No. flle in the Office of the CIty Engineer of said City. There shall be no excavation, or construction of arty kind within said 90.00 foot wide strip of land without the ilp the City Engineer of the City of Carlshad. EXHIBIT "B" e I) EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION Ass e sso r ' s Pa rce I Project LA COSTA AVENUE MlTlGATIOl NO. 216-110-33 W.O. No36022 ESPOSITO PROPERTIES, a California general partnership hereinafter called GRANTOR, do( es] hercby grant, convey and dedicate to the CI CARLSBAD, State of California, hereinafter called GRANTEE, an easement for g landscaplng and irrigation purposes and incidents. thereto, upon, over and acro certain real property within the CITY OF CARLSBAD, State of California, descr follows: That portion of Lot 6 of Section 34, Township 12 South, Ranrjc. II West, San Be Base and Meridian, in thc City of Carlsl>ad, County of San Dicgu, State of Cal according to the Official Plat tllereof, described as follows: PARCEL I (EXHIBIT A) (WETLANDS) Commencing at the! Southwest Corner of Lot 14 of said Scctiori 34; thence alc Northerly line of said Lot 6, North 68O39'36" East, 231 .OS feet to tile TRUE PO BEGINNING I; thence continuing along said Northerly line, North 68O39'36" East feet; thence South 86°50'5011 East, 142.91 feet to a point herein designated Poi1 thence South 69°24'116'' Wcst, 190.91 feet; thence Nortli 56°00'0U" West, 65.00 feet; North 58*30'00" East, 17.95 feet to the TRUE POINT OF BEGINNING 1. PARCEL II (EXHIE31T E)) (RIPARIAN) TOGETHER with that portion of said Lot t, described as follows: Commencing at said Point "At1; thence South 0Go'J0'5011 East, 0.53 fect to the TRUE OF BEGINNING 11: thence continuing South 06°50'50" East, 2211.04 kt; thencc 59°00'00'' East, 28.84 feet; thence North 89°00'OO'' West, 215.00 feet; thcncf 55°00'00'' West, 40.011 feet to the TRUE POINT OF BEGINNING 11. ALSO TOGETI-IER with the right of Ingress and egress over, under, and acrc Grantor's land (including his successors and assigns), and the right to install, COI maintain, repair, replace, reconstruct, and inspect any water supply system or deemed necessary for' the mitigation requircrnen ts of the California Coastal Cornmiss City of Carisbad, EXHIBIT "C" 7 e 0 'C i' 3 F5. +' ,,z '- ' ,/ >_ - *- J *, ., 4. I --. #, 1 .. CLTA GUARANTEE ORDER NO. 924162 CMG LITIGATION GUARANTEE LIABILITY $89,000.00 FEE $502.50 YOUR REF. ESPOSITO PROPERT (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 LIABIL AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES TH 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 FSEMENT 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 AMERICAN TITLE INSURANCE COMPANY gJ& OHN J.wHEPPAR@V- ASSISTANT SECRETARY PAGE 1 k‘ . ..< 0 e -“Ic -7 %’ 1 -+ *- d. \. - 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 REFEl TO COVERED BY THIS GUARANTEE IS: FEE EXCEPTIONS: SEE FOLLOWING PAGE(S) FOR ITEMS 1 THROUGH 16. PAGE 2 c x- 9 1 0 a %- \ -1 >'% . / '> ' _- /' 2" CLTA GUARANTEE ORDER NO. 924162 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, A LI NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEE; 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 1 PAGE 202 OF OFFICIAL RECORDS, LOCATED WITHIN THE NORTHE PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRIP 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 GWTS THE PRIVILEGE AND RIGHT TO EXTEND. MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLO 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 CONDU 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 ACRl THENCE SOUTH 89"39'10" WEST ALONG THE NORTHERLY LINE THERE( 20.68 FEET; THENCE NORTH 0°44t20tt WEST 2487.37 FEET; THENCE NO1 .89°26115tt WEST 0.90 FEET; THENCE NORTH Oo09100tt WEST 46.11 F1 TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE OF RIGHT WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH Oo09tC EAST 437.29 FEET; THENCE SOUTH 0*36*301i EAST 233.55 FEET TO PAGE 3 I 7 0 / 0 <1 - .&-/< I 7- 0 c' ,-' L 4. , '- r' -. CLTA GUARANTEE ORDER NO. 924162 POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT 11A11; THENCE SO 21"30'30" EAST 346.98 FEET. ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPO OVER AND ACROSS THAT CERTAIN STRIP OF LAND 4.0 FEET IN WI BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN LINE : BEGINNING AT THE ABOVE SAID POINT llA1f; THENCE SOUTH 78"56' WEST 25.0 FEET. EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY ANY PORT 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 S FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEAR1 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. 191546 OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLC BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE THEREOF. 9. AN AGREEMENT REGARDING JOINT VENTURE, DATED FEBRUARY 6, 15 UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: ADNAN S. KHATIB AND L. V. ESPO: RECORDED: FEBRUARY 12, 1980 AS FILE NO. 80-050035 OF OFFI( AND F. C. ESPOSITO, HIS WIFE. RECORDS. a REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9880, WHICH i . FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEAR: OF THE H[EREIN DESCRIBED PROPERTY. PAGE 4 2. --. .' /d c 1 e a +ST *''Le1 -7 2 x.. , .& - CLTA GUARANTEE ORDER NO. 924162 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGI, 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 GENE1 TRUSTEE : TITLE INSURANCE AND TRUST COMPANY, A CALIFOR PARTNERSHIP CORPORATION HUSBAND AND WIFE BENEFICIARY: LESLIE V. ESPOSITO AND FILOMENA C. ESPOSI SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECOR 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 DIEGU REORGANIZATION PROJECT AREA, AS DISCLOSED BY SAN DIEGO COU LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLET RECORDED SEPTEMBER 5, 1986 AS FILE NO. 86-390249 OF OFFIC RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FWRT 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 F 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 RECOF SEPTEMBER 21, 1986 AS FILE NO. 86-402145 OF OFFICIAL RECORDS, THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 23, 1987 FILE NO. 87-222472 OF OFFICIAL RECORDS. 14. 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 87-222473 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 0 0 --Ic 9 1 e?-5’ , t’/ - - *-*- -4. ‘ -- \A/’ - CLTA GUARANTEE ORDER NO. 92416 16. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELE RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATl ORIGIN, IN AN INSTRUMENT RECORDED APRIL 28, 1987 AS FILE 87-231302 OF OFFICIAL RECORDS. PAGE 6 <' ; .. 1 0 0 'c 7 ,+s * /'* 4 - 1 ,I -. CLTA GUARANTEE ORDER NO. 92416 SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTE BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED 1 THROUGH 16) TI MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT BY THE CITY OF CARL: AS PLAINTIFF, ARE AS FOLLOWS: 1) TITLE INSURANCE & TRUST COMPANY TRUSTEE UNDER ITEM #11 925 "B" 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. SEF!VICE 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 0 0 5T 4klkR 7 'C 1 2-- \* - .C. ' '-;- & -7 I % ,PC 4g I ?., <e '- - I- CLTA GUARANTEE ORDER NO. 92416; THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE 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 a .' I c * 5' I <XF ,.'? c /. i k d+'- ..- ; \:,. ./- - a CLTA GUARANTEE ORDER NO. 92416; FIVE YEAR CHAIN 1) GRANT DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOSI 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 FILQMENA C. ESPOS: HUSBAND AND WIFE TO LUCIANN 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 MAI HIS SEPARATE PROPERTY, AN UNDIVIDED 3.81% INTEREST, RECO 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, RECO DECEMBER 18, 1984 AS FILE NO. 84-471031 OF OFFICIAL RECORDS. 7) GRANT DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED MAN, DEA WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIF0 GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECO JANUARY 23, 1985 AS FILE NO. 85-022760 OF OFFICIAL RECORDS. 8) GRANT DEED FROM LUCIA" MAULKARDT, A MARRIED WOMAN, DEALING HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFC GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECC JANUARY 23, 1985 AS FILE NO. 85-022761 OF OFFICIAL RECORDS. 9) .GRANT DEED FROM GINA MARIE CAPPANELLI, A MAFCRIED WOMAN, DEF WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFC GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTEREST, RECC JANUARY 23, 1985 AS FILE NO. 85-022762 OF OFFICIAL RECORDS. PAGE 9 C -l 01 e +4 ' 'I c' /*<' ' <* I /$G .-,-- -, 1,. & 4:: I' .. CLTA GUARANTEE ORDER NO. 92416; 2.0) GRANT DEED FROM LESLIE V. ESPOSITO, JR., AN UNMARRIED 1 DEALING WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 3.81% INTER1 RECORDED JANUARY 23, 1985 AS FILE NO. 85-022763 OF OFFI( RECORDS. 11) GRANT DEED FROM JAMES CARL ESPOSITO, A MARRIED MAN, DEALING 1 HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIF01 GENERAL PARTNERSHIP, UNDIVIDED 3.81% INTEREST, RECOE 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 CALIF0 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 PARTNERSKIP 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) QUITCLAI'M DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS HUSBAND AND WIFE TO LUCIA" 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, RECO 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 F5 * IC 8 e -i '1 51 t R 7 1 *< . \e c /--t - r: PI 4- .L I" \* -$de // - / CLTA GUARANTEE ORDER NO. 92416; 19) QUITCLAIM DEED FROM LESLIE V. ESPOSITO AND FILOMENA C. ESPOS: HUSBAND AND WIFE TO MICHAEL JOSEPH ESPOSITO, A MARRIED MAN AS SEPARATE PROPERTY, AN UNDIVIDED 2.857% INTEREST, RECOl 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 CALIF01 GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEREST, RECOl JULY 12, 1985 AS FILE NO. 85-249148 OF OFFICIAL RECORDS. 21) QUITCLAIM DEED FROM VINCENT ANTHONY ESPOSITO, A MARRIED 1 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 PROPERTIE: CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTER RECORDED JULY 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 WC DEALING WITH HER SEPARATE PROPERTY TO ESPOSITO PROPERTIE! CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEF RECORDED JULY 12, 1985 AS FILE NO. 85-249151 OF OFFICIAL RECC 25) QUITCLAIM DEED FROM JAMES CARL ESPOSITO, A MARRIED MAN, DEF WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIES, A CALIFC JULY 12, 1985 AS FILE NO. 85-249152 OF OFFICIAL RECORDS. 26) QUITCLAIM DEED FROM MICHAEL JOSEPH ESPOSITO, A MARRIED GENERAL, PARTNERSHIP, AN UNDIVIDED 2.856% INTEREST, RECC DEALING, WITH HIS SEPARATE PROPERTY TO ESPOSITO PROPERTIE CALIFORNIA GENERAL PARTNERSHIP, AN UNDIVIDED 2.857% INTEl REC0RDE:D JULY 12, 1985 AS FILE NO. 85-249153 OF OFFICIAL REO PAGE II - 'L -> .. )b w .... .. .. - . .. . . .. . . .. . . I. - . c- . .. .. i . -- -. .--^ .____. 1- . . ---L. 4 . . -* .. .A& -... I. _.- . --.+--.... . * -. 6- -L.*-_. , - -- .... . - e. 0 CITY CLERK CITY OF CARLSBAD '1200 ELM AVENUE CARLSBAD, CA 92000 NO TRANSFER TAX DUE e EX11 I BIT "D" '. 'e e TOGETHER with the privilege and riglit to extend drainaye structures and cxcav; embankment slopes 35 feet beyond tfie limits of tlie hcrein described riglit-of-wz required for the construction and maintenance of said public highway. PARCEL 11: TOGETHER with that portion of said Lot G lying 10.00 feet Souttierly of and par concentric with the following described line: BEGINNING at said Point "A"; thence North 0U049'07" West, 54.115 fcet to tlle beginr tangent, 1,360 foot radius curve, concave Southerly; thelice Westerly alonq the ar curve through a central angle of 18O11'59" a distarice of 032.00 feet; thence tangen curve South 72°58'54" West, 120.85 feet to the POINT OF TERMINUS. PARCEL Ill: ALSO TOGETHER with that portion of said Lot G lying v+ittiin a 40.00 foot wide stri lying Southerly of and parallel to and coilcentric witfi ttie following described line: Commencing at said Point 11!3''; thence South Ol"10'53" \'!est, 10.00 fret to the TRL OF BEGINNING I; thence North 88"49'07" West, 4.45 feet to ttie beginnirig of a 1,350.00 foot radius curve, concave Southerly; therice L'esterly along the arc of s; through a central angle of 11OU2'52" a distance of 276.02 feet to the POINT OF TERA Said 40.00 foot wide strip of larid is required for the placernent of the tiehsckr cribwall. For the exact location of the tiebacks, scc City of Carlsbad Drawing No. file in the Office of the City Engineer of said City. Tticre 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 Carlsbad. All as shown for convenience sake on Exhibit I'A'' attached hereto and made a part t this reference. ’I , e-’ d@ Dated this day of STATE OF I County of 7 ’‘e On ? 19 , before me, the underslgned, a Not In and for said County and State, per906ZTTy appeared personally known to me lor proved to me on the basis of satlsfactory cvldencc) f the person(5) whoso name(s) lslare subscrlbed to the wlthln Instrument and ack to me that he/she/they excculed the same, Wltness my hand end offlclal scal. Notary Public in and for said C ounty and St a tc This Is to ccrtlfy thot tho Interest In roal property conveyed by tho foregoing ea the Clty of Carlsbad, a rnunlclpal corporation Is hereby xccptcd by Ihc City ( said City of Carlsbad, CaIIfornia pursuant to Rasolutlon No. ad , and tha Grantoe consents to recordatlon thereof t)y Its duly a officer. Da tad DY KmA L. RAmANZ ,- (.lT?- mK- $0 PRUPUS&D ACQU/5lT/UN rn PARCEL 1' fsTR€ET) 27 ZU 5.f a PARCEL ZZ- /CR/'WAlL) &dm m ~KLL~U (~/234CK'f/,053 SF: EZZl WILRDAM ASWCIAYE8 CONSULTINQ ENOINEERS L PLAMNERS W mawrmOtiuwtm.Lrrmw unin as iiw EXHIBIT "A" 1 1 h i -- .-..-.. Jw* . @ -I CITY CLERK . CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NOTRANSFER T1u( DUE ' ' EXHIBIT "E" COP' i *' 1 .. a ALSO TOGET\IER with the riglit of ingress and egress over, under, and across Grantor's land (iricluding his successors and assigns), arid tlie right to install, cons maintain, repair, replace, reconstruct, and inspect ariy water supply system or gi deemed necessary for the mitigation requiremerits of tlic California Coastal Cornmissio City of Carlsbad. All as shown for convenience sake on Exhibit "A" and Exhibit "f3" attached heret made a part hereto by this reference, b # 0 *. day of Dated thls STATE County OF of --r’ls. On * 19 , bofore me, tha underslgned, a Nc In and for said c;‘ ounty and St ate, parroxy appoerad personally known to me for proved to ma on tho basis of safIsBectory ovldonce) the person(9) whose name(9) I9lara subgcrlbed to the wlthln Instrument and a( to me that halahalthey executed tho same. Wltness my hand and ofllclal seal. Notary Public In and for said C ounty and State . Thlr Is to carPIfy that the IntcPrait In real proparty convoyod by the foregoing the city of Cbrl3bad, 8 munlclpsl corporation Is horoby accoptad by the C11) sald Clty of Carlrbad, Callfornla pursuant to Rosolutlon No, - , and tho Crantao con9ants to recordation thereof l,Tull orricer ,- 01 tad BY Am L, HA mm~mCc€ PROPOSED GRADING EASEMENT I1 AREA : 0.201 ACRES A.P.N. 216-110-33 WILLDAM ASSOCIATES . LY)OntvwnOClW:IZaLw0400CLnln rnllw w CO)dSULTINQ EHQINEERS L PLANNERS EXHJBIT "A" I 1 #36022 L 0 *.- ) ( / / / /Gj> h 0 PROPOSED GRADING EASEMENT I] AREA : 0.091 ACRES A.P.N. 216-110-33 WILLDAPI ASSOCIATES CWSULTINQ EHQIHEERS L PLAHNERS w ~~*tmolwnrrro unortw.onin milw EXHIBIT "8" i I ] #36022 , ___ - - - -I- . 0 - WYEN PECORDED, YLtilSt MAIL THIS IN5TRUh:ENT TO: m CITY CLERK * CITY OF CARLSBAD 1200 ELM AVENUE CARISBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S EASEMENT FOR PUBLIC HIGHWAY Asses sort s Pa rce I Project LA COSTA AVENUE NO. 216-110-33E34 W.O. No. 3208 ESPOSITO DEVEL.OPMENT COMPANY, a California limited partnership hereinafter called GRANTOR(S1, do(es1 hereby grant, convey and dedicate to th OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for highway and public utility purposes and incidents thereto, upon, over and acro certain real property within the CITY OF CARLSBAD, State of California, descr follows : PARCEL I: That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Sect Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the Coi San Diego, State of California, according to the United States Government Survey of, lying within the following described property: Commencing at the Northwesterly corner of said Lot 6; thence South 00°57'12" Eas the Westerly line 34.70 feet to the TRUE POINT OF BEGINNING; thence North 7; East 154.41 feet to the beginning of a tangent 1,440 foot radius curve concave Sou thence Easterly along said curve through a central angle of 18O11'59" a distance of feet; thence South 88°49'07t' East 404.45 feet; thence South 89O57'52" East 300.0 thence South 88°491071t East 24.45 feet to the Easterly line of said Lot 6; thence 00°37t38t1 East along the Easterly line 108.73 feet; thence North 89O33'58" West, 5. to a point on the arc of a non-tangent, 20.00 foot radius curve, concave Southwesl radial line to said point bears South 89O33'58" East; thence Northwesterly along the said curve through a central angle of 89°15'09t' a distance of 31.15 feet; thencc 01°10153t1 East, 3.00 feet; thence North 88O49'07" West, 652.67 feet to a point designated Point IIA'l; thence continuing North 88O49'07" West, 50.00 feet to q designated Point "B". , thence continuing North 88O49'07" West, 4.45 feet to the be of a tangent, 1,360.00 foot radius curve, concave Southerly; thence Westerly alc arc of said curve through a central angle of 18O11'59" a distance of 432.00 feet; tangent to said curve South 72°58154t1 West, 177.45 feet to the Westerly line of said thence North 00°57112tt West along the Westerly line 83.25 feet to the TRUE PO BEG1 NN I NG. e 0 TOGETHER with the privilege and right to extend drainage structures and excavi embankment slopes 35 feet beyond the limits of the herein described right-of-wb required for the construction and maintenance of said public highway. PARCEL 11: TOGETHER with that portion of said Lot 6 lying 10.00 feet Southerly of and par concentric with the following described line: BEGINNING at said Point "A"; thence North 88O49'07" West, 54.45 feet to the bl of a tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along of said curve through a central angle of 18°11'59t1 a distance of 432.00 feet; tangent to said curve South 72O58'54" West, 120.85 feet to the POINT OF TERMINl PARCEL 111: ALSO TOGETHER with that portion of said Lot 6 lying within a 40.00 foot wide land lying Southerly of and parallel to and concentric with the following described Commencing at said Point 'IB"; thence South 01°10'53" West, 10.00 feet to thc POINT OF BEGINNING I; thence North 88O49'07" West, 4.45 feet to the beginnii tangent, 1,350.00 foot radius curve, concave Southerly; thence Westerly along the said curve through a central angle of llO42'52'' a distance of 276.02 feet to the PO TERMINUS 1. 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 on file in the Office of the City Engineer of said City. There shall be no exci building, or construction of any kind within said 40.00 foot wide strip of land with approval of the City Engineer of the City of Carlsbad. All as shown for convenience sake on Exhibit "A" attached hereto and made a part by this reference. 0 0 Dated thls - 27th day of August FSPnCT rn 1 n nFVF.T.OPMFNT COMPAPIY a ( limited partnership - ESPO CORP. ESPO CORP. Pnrtnpr - By:hfi._ (- 7-&L--TX JW C. Esposito, President c ESPO CORP. ss. 1 California A STATE OF County of - San Dieqo On Auqust 27 , 19 87 , before me, the undersigned,, a Nc in and for said County and State, persoxy appeared ~~U)r-k~e~~~e~-(W-proved to me on the basis of satlsfactory evldence) the personVs3 whose narneldy kldtfd subscribed to the wlthln instrument and ac to me that heldMdUW*/executed the same, Wltness my hand and officlal seal. James c. EsPoslto ,I ) L#LV8/!hL )I/-, &wQ,&+ 4 botary Public In and for 3aldJJounty and %tab This is to certify that the interest in real property conveyed by the foregoing e the Clty of Carlsbad, a munlclpal corporation is hereby accepted by the City o* /3 I987 , and the Grantee consents to recordation thereof by *"I; ts said Clty of Carlsbad, Callfornls pursuant to Resolutlon No. ofncer. Dated 0c;B-GW /4 19~7 BY 1. N89'33 58% &. PROPOS&O ACOU/5/T/ON EXHiBlT 'A' I"* e I <lid JIWJ I mUMtJV 1 C I T Y CLERK 1200 ELM AVENUE CARLSBAD, CA 92008 . CITY OF CARLSBAD NO ~RANSFER nu DE EXHIBI a e e . ALSO TOGETHER with the right of ingress and egress over, under, and acr Grantor's land (including his successors and assigns), and the right to install, cc maintain, repair, replace, reconstruct, and inspect any water supply system or deemed necessary for the mitigation requirements of the California Coastal Commis City of Carlsbad. All as shown for convenience sake on Exhibit "A" and Exhibit "6" attached he made a part hereto by this reference. - L * 0 Dated this 27th day of August - 3.qpnqTTn nF-VET.nPMENT CPW, a r; limited partnership - ESPO CORP. i Partner ESPO CORP. By:/,aww c '~JC+&& Y s C. EsrSositJo. President o , ESPO CORP. ss. STATE OF CALIFORNIA 1 County of SAN DIEGO pn"a,dCounty snd State, persoxy appeared the personfqy whose namej$) Islpqq subscribed to the within Instrument and ad to me that heI6HCIWWexecuted the same. Witness my hand and offlclal seal. - Au ust 27 , 19 87 , before me, the undersi ned, a No James C. Ezposito WdWwlM F fib*N f (d/@gl/(b/ proved to me on the basis of satlsfactory evidence1 q h. /*, /3lL /$ .-'Le ( w otary r( c n and for sai&ounFy and St a to fhls Is to cartlfy that the Interest In real property conveyed by the foregoing e the Clty of Carlsbad, a munlclpal corporation Is hereby accepted by the City 0- /.? /9p7, and tho Grantee consents to recordation thereof by *"I;' ts sald Clty of carhb8d, California pursuant to Resolutlon No. officer, I I b Dated afslc, jq /9p7 BY LiktdA 4 ** L. PROPOSED GRADING EASEMENT 1-j AREA : 0.201 ACRES A.P.N. 216-110-33 EXHIBIT "A" m 1.- I < < / / / /Lo> 6 PROPOSED GRADING EASEMENT I] AREA : 0.091 ACRES A.P.N. 216-110-33 I WILLDAN ASSOCIATES CONSULTINO ENQINEERS & PLANNERS w woaeiwmr*w Wmoo.unln wrlw EXHIBIT "B' I I #36022 -. -_ -- 1 2 3 4 5 6 7 8 9 lo 11 l2 13 14 I.5 16 17 l8 I' 2o 21 22 23 24 25 26 27 28 0 a RESOLUTION NO. 9259 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING EASEMENT DEDICATIONS AND AUTHORIZING COMPENSATION AND THE PAYMENT OF FEES FOR RIGHT- OF-WAY ACQUISITION FOR THE CITY'S LA COSTA AVENUE IMPROVEMENT PROJECTS WHEREAS, the American Lutheran Church, d.b.a. the La Community Church, is the owner of certain real property 1c in San Diego County, California, and more particularly desc in Exhibit A attached hereto and incorporated by ref€ herein; and WHEREAS, the City of Carlsbad desires to acquire a PC of said real property for the purposes of its La Costa P improvement pro j ects ; NOW, THEREFORE, BE IT RESOLVED by the City Council o City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad hereby accept the EASEMENT FOR PUBLIC HIGHWAY identifil I Exhiibit A and the EASEMENT FOR GRADING, LANDSCAPING, IRRIGATION, identified as Exhibit B from the American Lut Church, d,b.a La Costa Community Church, and hereby direct City Clerk to sign said documents. Following signature of documents, the City Clerk is hereby directed to forward signed documents to the City's authorized agent in transaction, MacFarlane and Associates, Inc., 3078 North Way, San Diego, California, 92104 for recordation. 3. That the City Council of the City of Carlsbad hereby authorize from the project account the expenditure c 1 2 3 4 5 6 7 a 9 10 xl 12 13 14 15 16 17 l8 19 20 21 22 23 241 25 26 27 28 0 0 $600 for costs related to the policy of title insurance anc estimated escrow expenses required herein. 4. That the City Council of the City of Carlsbad hereby authorize from the project account the expenditu $10,,914 as total consideration to be paid to the Am€ Lutheran Church, d.b.a. La Costa Community Church, fo conveyance of easement interests as set forth herein. 5. That the City Council of the City of Carlsbad hereby approve and authorize the Mayor and City Clerk tc the attached ESCROW INSTRUCTIONS identified as Exhibit attached SUPPLEMENTAL ESCROW INSTRUCTIONS identified as E, D and hereby directs the City Clerk to forward said 6 ESCROW INSTRUCTIONS to the City's authorized agent in transaction identified in No. 2 above. PASSED, APPROVED AND ADOPTED at a regular meeting o Carl-sbad City Council held on the 13th day of October 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lar: NOES : None i I &d/L ABSENT: None CLAUDE A. L WIS, Mayor I ATTEST: -L 2.R- ALETKA L. RAUTENKRANZ, City Ckerk 1 (SEAL) rnni~ii n a _- -_ - Tt,lS 1P;STRUMENT TO: @ CITY CLERK . CITY OF CHRLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project LA COSTA AVEN NO. 21 6-1 10-22 W.O. No. - 3208 THE AhlERICAN LUTHERAN CHURCH, a Non-Profit Corporation organized under th the State of hlinnesota hereinafter called CRANTOR(S1, do(es) hereby qrant, convey and dedicate to thc CARLSBAD, State of California, hereinafter called GRANTEE, an easement for pub1 and public utility purposes and incidents thereto, upon, over and across that c property within the CITY OF CARLSBAD, State of California, described as follows: That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Berna and Meridian, in the County of San Diego, State of California, accorciini) to the 0 thereof, lying within a strip of land 80 feet wide, 40 feet on each side of the described center line: Commencing at the Northeasterly corner of said Lot 7: thence South 83°14'07i' West Northerly line 663.77 feet; thence South 01@10'53'' West 69.88 feet to the TRIjE BEGINNING; thence South 88O49'07" East 1.06 feet to the beginning of a tangent radius curve concave Northerly; thence Easterly along said curve through a centr: 12°35'05'' a distance of 307.50 feet: thence North 78O35'48" East 361.39 feet to th line of said Lot 7, said point being the POINT OF TERMINUS. The sidelines of said 80 foot wide strip of land shall be lengthened andlor shorte to terminate Westlerly in the Westerly line of the Easterly half of said Lot 7 AND F the Easterly line of said Lot 7. TOGETHER with the privilege and right to extend drainage structures and excaf embankment slopes 35 feet beyond the limits of the herein described right-0f-N required for the construction and maintenance of said Public Highway. All as shown for convenience sake on Exhibit "A" attached hereto and made a part this reference. C.rr:eptinq therefrom that portion South of the Southerly right-of-way line or Avenue as shown on Road Survey # 1796-65, said portion being within the City lim "" City of Encinftas. * Dated thls - 9th e dry of June THE AMERICAN LCTHERAN CYURCH Do I Chairman of its Board of TrusE"es Da\ Executive S- -retary of its Board of TrL S E E ATTACHED ACKNOWLEDGMENT rSOny 8pm8red trumrnt and pry Publlc iln and lor reid County rnd State Thla I8 to certlfy that tho Intmtost In rrrl proporty conveyed by tho forrgolry the clty of Carlsbrd, 8 munlclpl corporrt!on Is heroby 8CCepted by \h8 Clt J.? 1 *"I wid Clty of Cati~brd, Callfornlr pursuant to Resolutlon No. ;u, rnd tho Cfantes cowants to rocordst~o~ theroof t)y &C'3Cs-dLcl 14 /7 P7 8y 'A &4- r,C -CCr Oatrd 0 0 . EASEXENT To City of Carlsbad June 9, 1987 San Diego County, CA STATE OF XASHINGTCN ) COUNTY OF ) ss 7/72 Lwl*,5k 1 7 -- 1 The foregoing instrument was acknowledged before me this /5 M day of 19? J& , by Donald R. Hall, the Chairman of its Board of Trustees OE Tk’Ameri Lut.eran Church, a Hinnesota not-for-profit corporation, on behalf of the corporation. ,/.-- !,,.A r ,- ’ . +.Y F ;kt* [:-/ 2- --. I 5;lLicfl;s4, County, ,$a, My commission expires /LzY. /5- &t 9 19 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) 197, by David H. Rokke, the Executive Secretary of its Board of Trus * ees The foregoing instrument was acknowledged before me this ysday of Arne ican Lutheran Church, a Yinnesota not-for-profit corporation, on 3ehalf ( the corporation. Nl Hennepin County, Minnesota My commission expires ,IS 0 L d -- ___ d 19-J- 9 NURTMEAAST CURN€R LOT 7 -=- SCALE: /I; /OD' d I CU JC) NO SUYE 's€€ U€TA/L A8UV% - 1 WILLDAN ASSOCIATES COUsuLTlWO ENOINLLRS 1 RAWER8 W ~0mfwnotIIIRao.womoo.cInln ~IIW PEWOSEO R/W 70 BE acQu/REo 1-1 AWL CITY of= CARLSBAO. . . P&04 Sf. NTY ar MCWTRS . .1,u37 S.F. TOTAL .. . . . . 3,C4/ S.F EXHIBIT "A" L I I A e - CITY CLERK CITY OF CARLSAD 1200 ELM AVENE CARLSBAID, CA 92008 NO TRANSFER TAX DUE a 0 Qatcd thh 9th dry of June e THE AILIERICAN LUTHERAN CHURC9 DO Chairman of its Board of Trustees By: \ Da Executive Secretary of its 8oard oE SEE ATTACHED ACKNOWLEDGflENT , brloro mo, tho u Wltnerr my hand and Thla 1% to CeftlfY that tho Intorcrst In rod proporty conveyed by tho forogolng the CltY Of Carhbd, a munlclpal corporatlm Ir, hereby rcceptsd by tho City v and tho Crantoe consents to rrcordatlon thorrof t)y wt, sdd CltY Of Carlrbad, Csllfornla pursuant to Rerolutlon NO. D8t.d OF%, /L7/ /4py BY 1 cm PROPOSED GRADING EASEMENT l-1 AREA : 0.323 ACRES A.P.N. 216-110-22 WILLDAN ASSOCIATES w WWULTINQ EWINELRI (I PLANNERS ~OlbmOI~~ U*mOo,c*?mn IIW EXHIBIT "A" I 1 #36022 e 0 ‘ EASEHENT To City of Carlsbad June 9, 1987 San Diego Counry, CA STATE OF WASHINGTON ) ) ss COUNTY OF--W 1 ‘>naX.tvn ISL 1 rlL- -1 The foregoing instrument was acknowledged before me this 15 day of 19a, by Donald R. Hall, the Chairman of its Board of Trustees of T& Lutheran Church, a Hinnesota not-for-profit corporation, on behalf of the corporation. / f/ <c/-( 1- / - ”’& rnz i /t / ‘L/&;7 Notary Public ,, -1 )nCi!hI,3L /. County, --- 1b3 5 A My commission expires \.L.Y/di 4- , 19- STATE OF M‘CNNESOTA ) COUNTY OF HENNEPIN ) 1 ss The foregoing instrument was acknowledged before me this 7 s day of 19q by David H. Rokke, the Executive Secretary of its Board of Tru&% Ame ican Lutheran Church, a Minnescta not-for-profit corporation, on behalf of the corporation. 4, - hotary/Pubfic Hennepin County, Minnesota My commission expires -, .-.,-*.J*Gmv 9 19- Vf;. .. \gru -w= *IONS fWt ESCROW INS Escrow No. 954435G Date: August 26, 1987 La Costa Ave. Easements W.O. Nos. 36022 h 3208 Escrow Officer' Kate Nemec Sublect Property (See Paragraph 9 on General Provisions) To FIRST AMERICAN TITLE INSURANCE COMPANY, hereinafter known as "Escrow Agent" whose address is: 411 Ivy Street, San Diego, Ca 92101 . , effect the purchase of property hereinafter described. Buyer will pay total consideration as follows. './e' W:l deDOSlt . ... ..................................... $ ,.'i depoc,t ................................... ................................................... aqer will deposit through (,L!J(.~ Buyer will procure new loar, *:'Cs tc be +eDOSited herein). Loan of Record to Remain wproxirnate balance) New Purchase Price Loan to be Executed by Buyer ........................................... ........................................................... ......................................................... ........................................................................... TOTAL CONSIDERATION s and buyer will deliver to you any instruments and funds required from Buyer to comply wlth these Instructlons, all of which you are aut1 provided on or before September 30, 1987 , , , instruments have been flledforrecordenabllngyou toobtain insurance with the titie mnpany s sxceptions. having a Iiabiltty of at least the amount of the total consideration. coverin( County of Sari Diego State of California. deSCribed as follows: That portion of Lct ? of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California and as more particularly described on the complete legal description attached hereto and made a part hereof. CITY OF CARLSBAD, a Hunicipal corporation SHOWING TITLE VESTED IN FREE FROM ENCUMBRANCES EXCEPT ONLY THE ITEMS NUMBERED BELOW (1) Any general and spacial taxes. Including any special IevIes. payments for whlch are Included therein and COIIeCted therewith. for not delinquent. and taxes for the ensuing year. if any, a llen but not yet payable. Ail taxes. bonds and assessments levied or assessed Subsequent to date of these Instructions, Including any supplemental Asse Covenants, conditions. restrictions, rights of way, easements and reservations, as descrlbed In that certain preliminary title evidence. herein. (2) Bond-assessment: NONE. (3) (4) EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS, AND INSTRUCTIONS OF THE GENt HEREOF AND APPROVES. ACCEPTS AND WILL BE BOUND BY SAME AS THOUGH THE GENERAL PROVISIONS APPEARED OVER TH The undersigned Buyer will pay. on demand. the buyer's customary charges (includlng, but not limited to, your escrow fees. charges for E in9 documents. premium for new or additional haLard insurance, lender's charges, lender's impounds and prepaid interesl demand, if any cornuany charges) necessary to complete this transaction. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS, CITY OF C Dt M * ipal ration BY: /&J.(L CLLUDE A. ~~~15,l~ayof Jc c/o 3078 North Park Yay, San Diego, CA 92104 SELLER I approve of the for-oing initructlons and agree to sell and wlll deliver lo you papers. instruments andlor funds regulred from me (within specified herein), whlch you are aurhorued to deliver when you can issue your pollcy of 1111e insurance as set forth abave. I agree to pay a taxes properly Chargeable to me. You are Instructed lo use the money and record the Inslruments, to comply wlth Said InStruCtlO --:c-?*'~-cIP ?f ,PC.+ "WCS~~TV rilhw,t fttnhar apnrnval mcludlno oreoayment oenalties to show tllle as hereln orovlded. 1 agree to Pav Your ree. drawtng of documents and s;ch othec charges which are advanced for my account rsg.rdleas of the consummation of this escrow. i a poiicy of titie insurance premium and recordlng fees whlch are properly Chargeable to me and documentary transfer tax which you are instri deed and affrx your signature thereto, If required. In lhe event this Pmounl Is Incorrect. you are authorked and instrUC:dd to enter the Correct and deduct the additional cos1 therefore from funds accrulng to my account. In the went an Inconut amount IS enterw on the deed and si I hereby hold you harmless and agree to relmburse you for any loss you may sustain by Mid amount being incorrect. TEE AMERICAN LUTHERAN CEURCEI a non-profit corporation organized under the laws of the State of Minnesota BY: BY: c/om P almer May, Carlsbad, CA 92008 (PAQE ONE) * =wow NO 9544356 e D~IO. August 26, 1987 * 3NLY THE PQCRATlONS AND/OR AD'USTMENTS INDICATED BY AN "X" BELOW ARE X, BE MADE AS OF ; 1 THFm SHALL BE Eldorle c,e-e$t on any purchase money Cead of trusl nola drtcrlbad above. ESCROW AGENT IS ALnHORIZED AND INSTRUCTED n vZE AS -0 PAYMEYT AN3 DUE DATES AT TIME OF CLDSE OF THIS ESCROW, EVEN THOUGH %ME HA.5 BEEN PREV!OUSLy :,ora:e ?!e~l:: on loan of 'ecord 88s.sd on statement of lnnaflclary or agsnl. . 2d : L -4 o! IOOC o! record DLM~ on Daneficiar/'r stetammt shows IO 3s morr or :esa:ran amou:'t $8. ions ne'etnabon. adlusf s c ..srae buyer 1nd credil seller with amount 01 any luna) shown on Wneflclaty'l slalernenl 11 'mlounded for fillwe Eaynenr 0' laxeh hl; =r CdA or :endor'a r!sk lnwranca ) ) ; ] Prorate premium on FHA or lender's fisk lnsur8nce. ! ) . i ( ) prora~e lexes on real property, based on Inlorrnatlon furnl8h.d by lnrurlng tl!le comoav Prorate re"!, based on #f8lemenl lo be furnlshed by seller 8nd aPPfoved by buyer Cro:a:e premium on exlaling huarc Insurance and mats amlgnrnent of sans lo buyer at close of thls dscrow OR AT THE O~lON lander 8pp.Oved Insurance coverage for sublect 3femlaeh ~~~r&!~ HO~~OVO~O bswtal.cn Dver an6 charpe sellers to brlng currenl per alalemenl 01 A¶aOCIallOn or Aoen!. Tranrfer 1.9 I( , > INSTRUCTIONS: A. The purpose of subject escrow is for the Seller herein to grant the City of Easement for Public Highway as described on Exhibit "A" attached hereto and hereof and an Easement for Grading, Landscaping and Irrigation as described "B" attached hereto and made a part hereof. B. The close of escrow is contingent upon the title being free and clear of lic encumbrances, easements, restrictions, rights and conditions of record or kI Seller, OR receipt of the City's written approval of the exceptions to title in a Preliminary Title Report to be issued and forwarded to the City. City'$ in writing, of the exceptions that are to remain as shown in said Preliminai Report shall release this contingency. C. The close of escrow is contingent upon the City Council of Carlsbad, at it discretion, approving the purchase of property and authorizing the expenditur funds for the project. If necessary, Escrow Holder is instructed to release Grant Deed to the City fOK its acceptance by the City Manager as to form on1 delivery to title. The redeposit into escrow of the executed Grant Deed bear Manager's "acceptance" and the necessary funds shall constitute satisfaction Manager's acceptance of the Grant Deed and authorization of the City Council shall release this contingency. D. There is to be no prorations of property taxes and/or any adjustments by Esc Property taxes due or payable must be paid in full by the Seller prior to th escrow with reimbursement. if any, beyond the close of escrow to be refunded County Tax Collector. In the event at close of escrow unpaid taxes exist, Se: cause to be handed to Escrow Holder proof of payment or shall cause to be ha1 Escrow Holder the necessary tax stubs and Escrow Holder shall pay same at the escrow, together with any penalties, if applicable, charging the Seller's act same. Any tax payment overages will be reimbursed to Seller by the County of Any property taxes which at the close of escrow are a "lien" on the property, yet due and payable" will be prorated by the County Tax Collector and billed (continued on pagt BUYERS : CLAUDE A. LEWTS, -L%YOK SELLERS: THE AMERICAN LUTHERAN CHURCH, a non-profit corporation organized under the laws of the State of Minnesota BY: BY: (PAGE TWO) 0 .. First American Title Insurance Cornpan. 411 IVY STREET, (P 0 BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-177 Escrow No. 954435G ./ate: August 2 Re: La Costa Ave. Easements, U.O. Nos. 36022 & 3208 Instructions in the above numbered escrow are hereby continued in the follow particulars: (continued from page 2) D. Seller after the close of escrow. E. The City agrees to pay all title and escrow charges in connection with this I together with trustee and reconveyance fees. The City is not to be charged dc transfer tax, recording fees or change of ownership fees. These fees are to END OF INSTRUCTIONS: SELLERS: THE AHERICAN LUTHERAN CHURCH, a non-profit corporation organized under the laws of the State of Minnesota BY : BY: 0 GENERAL PR&S 1. Deporll of Funds L Dlsbunernenta In the State of Californla and may be transferred to any other general escrow account or accounls. All dlsbursem by your check. You are authorized no1 IO close or disburse until good funds have been confirmed In escrow. .r All funds received In this escrow Shall be deposiled in one or more of your general escrow accounts with any b, b 2 Pmratlons and Adjurtmentr ne axpression "close of escrow" used In this escrow means lhe date of which instrumenis referred to hereif ! 7 vations andlor adjuslments are to be made on the basis of a Way month unless othewlse instructc .' r. - .' .,zpd to record 37y ' ..- I ._ .x.,+~~'~ ,;)A escfow, the recording of which Is necess4 relait:s only to proratlons andlor adlustments unless otherwise specified. 1 .' v 01 1. <.:rumenta .. 7,. I. Aulhortro!ion to Executa Asrlgnrnent ;f ir': "rancc ''ollciec You are to :mute on behalf Of the 3ifsi4s hereto form assignments of Interest in any Insurance policies (other It caiied for in this escrow; forward assignments and policles upon Close of escrow lo the agent with the request, firs, sent to such transfer andlor attach a loss-payable clause and/or make such other additions or corrections as may caily required herein. and second. that the agent thereafter forward such policies to lhe parties entitled to them. In all acts in thls escrow relating to insiwance. Including adlustmenis, If any. you shail be fuiiy protected in a! policy is In force and that the necessav C:ernium therefor has been paid. :,-e.. . .! t! i ..quested policy of I!,:> I! ;b:an:e. 4. 5. Authorizatlon lo Furnlrh Copler You are to furnish a copy of these instructions, amendments thereto, closlng statements andlor any other doc, In this escrow to the lender or lenders, the (?a1 estate broker or brokers andlor the attorney or attorneys lnvoived I upon request of the lenders, brokers or attorneys. 6. Panonat Property Taxor 7. Rlght of Cancsllrlion No examination or Insurance as to the amount or payment of personal property taxes is requlred unless spec Any party instructing You to Cancel thls escrow shall file notice of cancellation in your office, In writing. You shall u time thereafter maii. by certified mall. one copy 0: the notice to each of the other parties a1 the addresses slated In tt written objection to cancellation is filed In your office by a party wilhin ten (IO) days after date of mailing, you are a option to COmDly wlth the notice and demand payment of your Cancellation charges as provlded in this agreement. If Is filed, you are authorized at your option to hold all money and instruments In lhls escrow and take no further actlc directed, either by the parties' mutual written instructions. or final order of a court of competent Jurlsdlction. 8. Actlon In Interpleader The parties hereto expressly agree that you, as escrow holder, h8ve the absolute rlght at your election 10 file an act1 requlrlng the parties to answer and iltigate their several claims and rights among themselves and you are authorlrs the clerk of the court ail documents and funds held in thls escrow. In the event such actlon is filed, Ihe partles Joir agree lo pay your cancellation charges and costs, expenses and reasonable etlorney's fees which you are required tc in the interpleader action, the amount thereof to be fixed and Judgment therefor to be rendered by the court. Upon action, you shaii thereupon be fully released and discharged from all obligallons to further perform any dutles or oblig Imposed by the terms of this escrow. 0. Towninallon of Agency Obtigatlonr If there Is no action taken on thls escrow wlthln SIX (6) months after the "tlme limit dale" as sei forth In the os( or written extension thereof, your agency obllgatlon shall termlnate at your option and all documents, monies or otl you shall be returned lo the parties deposlting same. In the event of canceliatlon of this escrow, whether It be a1 the request of any of the parties or otherwise, the ti due First American Title insurance Company, including expenditures Incurred andlor aulhorlzed shall be borne equal hereto (unless otherwise agreed 10 speclfically). 10. Conflictlng lnrlrucllonr Should you before or after close of escrow recelve or become aware of any conflicting demands or clalms wlt escrow or the righls of any of Ihe parties herelo, or any money or property deposlled herein or affected hereby, yo right to discontinue any or all further acts on your pan until the COnfllCl is resolved to your satlsfacllon. and you shall righf lo commence or defend any action or proceedings for the determination of the confilcl as provlded In paragraph: General Provisions. 11. Funds Retained in Escrow 12. usury If for any reason funds are retained in escrow, you may deduct therefrom t20.M) as a monthly charge as custi You are not to be concerned with any question of usury in any loan or encumbrances involved In the processin and you are hereDy released of any responsibility or liability therefor. lndernnlfy for Attomays Fee8 and Coats In the event suit is brought by any party to this escrow, Including the title company or any other party, as agai or others, Including the title company, claiming any right they may have as against each other or against the title c( that event, the parties hereto agree to indemnify and hold harmless the title company against any atlomey's lees and cos Any Amendments or supplement to these escrow instructlons must be In wrlting. These escrow Instructlons cons 13. 14. Arnendrnanlr to Eacrow lnrtructlont escrow between the escrow holder and the parties hereto. 15. Dopoalt of Fund8 Escrow holder shall deposit all funds recelved in this escrow In any bank dolng buslness in the Stale of CallfOrnla afflllated bank, First American Trust Company, In one or more of thelr General Escrow Demand Accounls. These fund , ~ _(erred lo any o!her general escrow demand account or accolints. *'L. TIME iS OF THE ESSENCE OF THESE INSTRUCTIONS. If (hls escrow IS 001 in condllion 10 close by ClOslnp dati page 1 hereof, and demand for cancellation is received by you from any party to this escrow after sald date, you 8hall ac wllh the cancellation Instructlons contained in lhe general pfOVlSlOns on the prevlous page hereof. If no demand for made, you will proceed to close this escrow when the prlnclpals have complied wlth the escrow Instructlont. *The Foreign Investment in Real Property Tax Act of 1980 as amended by the ! Act of 1984 places special requirements for tax reporting and withholdir parties to a real estate transaction where the transferors (Seller) is a nor alien or non-domestic corporation or partnership or is a domestic cop partnership controlled by non-residents or non-resident corporations of part The parties to this transaction are seeking their attorney's, accountant's, tax specialist's opinion concerning the effect of the Act on this transactic not acting on any statements made or omitted by the Escrow Holder. e e ' c b FXHIBIT "A" LFGAL DFSCRIWION FSSF"?T FOR PUBLIC HIGHWAY City of Carlsbad State of California That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Base and Meridian, in the County of San Diego, State of California, accordj to the Official Plat thereof, lying within a strip of land 80 feet wide, 4( feet on each side of the following described centerline: Commencing at the Northeasterly comer of said Lot 7; thence South 83'14'0: West along the Northerly line 663.77 feet: thence South Ol"10'53" West 69.f feet to the !TRUE POINT OF BFGINNING: thence South 88'49'07'' Fast 1.06 feet to the beginning of a tangent 1,400 foot radius curve concave Northerly: tt Easterly along said curve ghrough a central angle of 12°35'05" a distance c 337.5ofeet: thence North 78 35'48" Fast 361.39 feet to the Fasterly line of said Lot 7, said point being the FOINT OF TERMINUS. The sidelines of said 80 foot wide strip of land shall be lengthened and/or shortened so as to tecmhte Westerly in the Westerly line of the Faterly h of said Lot 7 AND Easterly in the Fnsterly line of said Lot 7. "HFB with the privilege and right to extend drainage structures and exc and embankment slopes 35 feet beyond the limits of the herein described rig where required for the construction and rmintenane of said Public Highway. Excepting therefrom that portion South of the Southerly right-of-way line o La Costa Avenue as shown on Road Survey (1796-65, said portion being within the City limits of the City of Encinitas. 9 -7- 4b e U P 8 EXHIBIT "B" LFLAL DESCRIPTION FSFm FOR GRADING LANDSCAPING AND IRRIGATIOEj City of Carlsbad State of California That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, Sari Base and Meridianl in the City of Carlsbad, County of San Diego, State of according to the Official Plat thereof, describea as follows: BFLINNING at the Southeast corner of Lot 15 of said Section 34: thence alo the Easterly line of said Lot 15, South Ci3a27'10" Fast1 8.55 feet: thence 7835'48" Westr 369.13 feet to the beginning of a tangent, 1,360 foot radi curve, concave Northerly: thence Westerly along the arc of said curve thro a central angle of Os"24'58" a distance of 199.77 feet: thence non-tangent to said curve, North 67c41'25" Fastr 148.68 feet: thence North 83°14'07" E 425.21 feet to the POINT OF BFGINNING. TOGETHER with the right of access to ingress and egress overf under and act said Grantor's land to install (including his successors and assigns), coni maintain, repair, replacer reconstructr and inspect any structures or grad: deemed necessary for the mitigation requirements of the California Costal ( and City of Carlsbad. 4 /- x APSY A fwf-ica /I 7Wc c'o 9 p? 1j-Y * 6 SUPPLEMENTAL ESCROW INSTRUCTIONS e Escrow No 9544356 San Diego, Califomla Septemb (C11y) (SlOlC) c- 4 TEE UNDERSIGNED HEREBY APPROVES THE PA9ELi3UNWZ TITLE REPORT DATED August 31, 1987 COVERING See leqal descrlptlon attached hereto. ITEMS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12. TO SHCW ON TITLE POLICY To BE ISSUED AT CLOSE OF ESCROW. CITY OF CFLRlSBAD, a iMunicipa1 Cowration Ii BY : /,,/&&[[A* CLA E A. LEWIS, ayo / PLEAS2 c:@:% E EZyJRN