HomeMy WebLinkAbout1988-10-25; City Council; 9690; ACCEPTANCE OF EASEMENT FOR LA COSTA AVENUE IMPROVEMENTSr AB# T6yd TITLE: MTG. 10/25/88 ACCEPTANCE OF EASEMENT FOR
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RECOMMENDED ACTION:
Adopt Resolution No. ffk372 accepting an easement for gradi
landscaping and irrigation purposes for property located a1
the north side of La Costa Avenue required for the Cityls
Costa Avenue improvements, approving escrow instructions
authorizing the payment of fees for the transaction.
ITEM EXPLANATION
In early 1987, the City Council conducted the public hearing adopted a Resolution of Necessity to acquire certain rights- way along the north side of La Costa Avenue from El Camino R westerly to Interstate 5 required for the City's La Costa Ave Mitigation project and the ultimate widening of La Costa Aven The Cityls appointed Special Counsel and right-of-way negotiat have secured the required easement from one (1) remain property owner, A. K. Oliver, a Limited Partnership, with
acquisition will complete the City's requirements from t particular property owner for property located within the City Carlsbad for the ultimate improvements to La Costa Avenue.
Staff recommends the acceptance of the attached easeme approval of the necessary escrow instructions, and payment transaction fees.
FISCAL IMPACT
The area required by this acquisition totals .0052 acres wh has been valued at $130. Additionally, miscellaneous escrow f totalling $630 for title insurance and escrow account process are required. Staff requests authorization to process the $ payment to finalize this acquisition.
The City Council has previously appropriated a sufficient bala of funds in project account number 311-820-1840-3215 for acquisition of necessary rights-of-way required for the La Co Avenue improvements to enable the payment of the acquisit costs and fees associated with this transaction.
EXHIBITS
1. Resolution No. ffiyyz accepting an easement for gradi landscaping and irrigation purposes required for the Cit La Costa Avenue improvements, approving escrow instructi and authorizing the payment of escrow fees associated ' this transaction.
proceeding to a formal trial to resolve the matter. T
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2. Grant of easement from A. K. Oliver, a Limited Part to the City of Carlsbad.
with Title Report on file in the Office of the Ci, 3. Escrow Instructions and Supplemental Escrow I
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RESOLUTION NO. 88-372
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AN EASEMENT FOR GRADING, LANDSCAPING, AND IRRIGATION PURPOSES, APPROVING ESCROW INSTRUCTIONS, AND AUTHORIZING THE PAYMENT OF ESCROW FEES FOR THIS TRANSACTION
WHEREAS, the City Council of the City of Carlsbad
previously adopted a Resolution of Necessity to acquire cert
rights-of-way required for the City's improvements to La Co
Avenue within the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad
previously designated Special Counsel and right-of-
negotiators to act on behalf of the City of Carlsbad to aff
the acquisition of the aforementioned right-of-way; and
WHEREAS, the City Council of the City of Carlsbad her
finds it necessary, desirable and in the public interest
acquire said right-of-way.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That an easement from A. K. Oliver, a Limj
Partnership, to the City of Carlsbad, is hereby accepted and
City Clerk is authorized and directed to forward said docur
to MacFarlane and Associates, Incorporated, 3078 N. Park 1
San Diego, CA 92104.
3. That Escrow Instructions and Supplemental Esc
Instructions on file in the Office of the City Clerk relatec
this matter are hereby approved and the City Clerk is author
and directed to sign said Escrow Instructions and Supplef
Escrow Instructions on behalf of the City of Carlsbad.
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Clerk is further authorized and directed to return the s
copies of said documents to MacFarlane and Associ(
Incorporated, 3078 N. Park Way, San Diego, CA 92104.
4. That the Director of Finance is hereby autho
and directed to prepare a City check in the amount of $7
made payable to the First American Title Insurance Corn
Attn: Leigh Thomas, 411 Ivy Street, P.O. Box 808, San Dieg
92112 required to affect this transaction. This check is
mailed to MacFarlane and Associates, Incorporated, 3078 N.
Way, San Diego, CA 92104.
PASSED, APPROVED, AND ADOPTED at a regular meeting o
Carlsbad City Council held the 25th day of October
1988, by the following vote, to wit:
AYES: Council Members Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT : Council Memb
ATTEST: ANN J. KULCHIN, Mayor Pro-Tem
ALETHA L. RAUTENKRANZ, City $lerk
(SEAL)
0 mnrm ~~L+WTIJLU, nux mcuL
J-hiS *lNSTWUMENT To: 0
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' CITY CLERK CITY OF CARLSSAD
1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DOE
SPACE ABOVE FIX RECCRER'S
EM€MENT FOR GRADING, LANDSCAPING AND IRRlGATlON
Assessor' s Pa rcel
NO. 216-110-05 W.O. No. 36022
Project LA COSTA AVENUE MITIGATION
A. K. OLIVER, a limited partnership
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CIT
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for gra
landscaping and irrigation purposes and incidents thereto, upon, over and across
certain real property within the CITY OF CARLSBAD, State of California, describc
follows:
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Berr
Base and Meridian, in the City of Carlsbad, County of San Diego, State of Calif(
according to the Official Plat thereof, described as follows:
Commencing at the Southwest corner of Lot 15 of said Section 34; thence Easterly
the Southerly line of said Lot 15, South 86O50'50'' East, 358.09 feet; thence North 83'
East, 89.96 feet to the TRUE POINT OF BEGINNING; thence continuing North 83'
East, 45.76 feet; thence South 69°00'00t' East, 20.04 feet; thence North 88O49'07"
35.87 feet; thence North 87°06t01t1 West, 28.36 feet to the TRUE POINT OF BEGINNIN
TOGETHER with the right of access to ingress and egress over, under, and acros!
Grantor's land to install (including his successors and assigns), construct, mai
repair, replace, reconstruct, and inspect any structures or grading deemed necessai
the mitigation requirements of the California Coastal Commission and City of Carlsbad.
All as shown for convenience sake on Exhibit ''A" attached hereto and made a part by this reference.
0 e
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DaEed thli 23rd day of AUWst
A. K. OLIVER, a limited partnershil
r ,4- /7/ By : , /,LL i'4 \ /(>b c Cc/~+-@p c 1
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By :
I
$, COUNTY OF-Sm bie%------I
0 said State, personally appeared cHRIs KoLB* - * * *
STATE OF CALlFOnNl lss
On ~- Aupst _____ 23 I -1988 __, before me, the undersigned, a Notary Public in and for a
I, a No 5 * * * * *
a, Gzq-
__ ____ -. - -- *
__. - .__ - - -_~- = F-
I3 _- 0 ____ ________ __ _____..______ __ - -_____- --
E and acl -r proved to me on the basis of satis- : factory evidence) to be the person that executed the within
a instrument as- gener-al_~__~partner(s),
2 a, on behaif of_ A. K. OLIVER, a limited NOTAW PuaLlc CALIFORNIA
5 partnership ,the partnership PRlhlCIp~t 0rFiL-E tN
SAN DIEGO Coumy 2 a, - m, executed it
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therein named and acknowledged to me that the partnership N
WITNESS my hand and official seal
Signature (This area for official notarial seal) \ 0 0 m 14, c..t-t'dtu..~u-.-c c- -
Thls Is to certlfy that tho Intorest In rosl property conveyed by the loregolng 1
the City of Carlsbad, a munlclpal corporatton Is hereby accepted by the CltY
October 25, 1988 , and tho Grantee consents to recordation thrreof bvuly
olllcsr.
sald clty of Carlrbsd, Callfornla pursuant to Resolutlon No. 88-372 I
Dated Q& 24 /?or/ 5y & A9.(A%rn~Tm
'/PROPOSED GRADING EASEMENT D
AREA : 225 S.F.
A.P.N. 216-110-05
WILLDAM ASSOCIATES
CONSULTINO EtJ5lNEERS 81 PLANNERS
UUW€€HYICH.WlllfY).LWWOO.Unln 497 IIW EXHIBIT "A" W
i i I I #36022
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1200 ELM AVENUE TELEPH
CARLSBAD, CALIFORNIA 92008 (619) 434-
Office of the City Clerk
QliQ of Qlar1s;bab
October 27, 1988
Mac Farlane & Associates, Inc.
3078 N. Park Way
San Diego, CA 92104
Re: Easement for La Costa Avenue Improvements
The Carlsbad City Council, at its meeting of October 25, 1988,
adopted Resolution No. 88-372, accepting an easement from A.K. Oliver,
a Limited Partnership for grading, landscaping, and irrigation
purposes and approving escrow instructions and authorizing payment
of escrow fees for the transaction.
Per instructions from our Municipal Projects Department, enclosed
are the following documents:
1. Original Easement for Grading, Landscaping and
Irrigation from A. K. Oliver, a Limited Partnership
to the City of Carlsbad
Original Escrow Instructions and Supplemental Escrow
Instructions which have signed by the City Clerk
(per Resolution No. 88-372).
2.
3. Copy of Resolution No. 88-372 for your records. tJii&-.* eputy City Clerk
Encs .
MITE IT - DON'T SAY I r!
Date October 13 '1
Reply Wanted
UNO Reply Necessary
CITY CLEPK
MUN I C I PAL PROJECTS MANAGER
To
From
Lee :
The Pesolution for this Agenda instructions and supplmental escrow instructions after the City Counci 1 accepts the easement and approves the escrow. These do - not need to qo
on the Aaenda Bill as attachments. processinq after the Council adoPts the Resolution.
Please call me if you have any questions.
Bill authorizes you to sirrn the escrow
Please keep these oriainals for vour
J !I PAL PROJECTS MANAGFP
JJC: tln
PR AIGNER FORM NO. 55-032
i’lf 31 mriwic‘un 4 ilk lnsurance Cowany
ESCROW INSTRUCTIONS e,
C * ub ect Property Escrow No. 961452G
Date: January 11, 1988 iakement for -0052 acre
Escrow Officer: Kate Nemec + City of Encinitas
(See Paragraph 9 on General Provisions)
I T AM RICAN ITL INSU ANCE COMPANY r inafter known as “Escrow Agent” whose address is: 4Yf Tvy EtreeE, %an ‘biego, Ca ’$!if01
To effect the purchase of property hereinafter described, Buyer will pay total consideration as follows: .............. ...... ...... ....................... $.
Buyer will deposit .....................................................................................................
Buyer will deposit through Agent ..........
Buyer will procure new loan (funds to be dep
New Purchase Price Loan to be Executed by Buyer .......................................................................
Loan of Record to Remain (approximate balance) .......................... ......................................
TOTAL CONSlDERATiON $ ..............................................................................................
and buyer will deliver to you ~~!~~u~~; yg#ds required from Buyer to comply with these Instructions, all of whlch you are authorized to provided on or before instruments have been flied for record enabling you to obtain a standarc insurance with the title company’s excepllons, having a liability of at least the amount of the total consideration, coverlng the prc
Countyof Sari Diego State of California, described as follows:
That portion of Lot 7 of section 34, Township 12 South, Range 4 West San Bernardino Base and Meridian, City of Carlsbad and more
particularly described in the complete legal description attached
hereto and made a part hereof.
CITY OF CARLSBAD, a Municipal corporation
SHOWiNG TITLE VESTED IN:
FREE FROM ENCUMBRANCES EXCEPT ONLY THE ITEMS NUMBERED BELOW:
(1) Any general and special taxes, Including any special levies, payments for whlch are Included therein and collected therewith, for the currer
not delinquent, and taxes for the ensuing year, If any, a lien but not yet payable.
(2) Bond-assessment: NONE.
(3)
(4)
All taxes, bonds and assessments levied or assessed subsequent to date of these Instructions, Including any supplemental Assessments.
Covenants, conditions, restrictions, rights of way, easements and reservations, as described In that certain preliminary title evidence, Issued, of
her e i n .
EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS, AND INSTRUCTIONS OF THE GENERAL PR(
HEREOF AND APPROVES, ACCEPTS AND WILL BE BOUND BY SAME AS THOUGH THE GENERAL PROVISIONS APPEARED OVER THEIR SIGF
The undersigned Buyer will pay, on demand, the buyer’s customary charges (including, but not limited to, your escrow fees, charges for preparing
ing documents, premium for new or additional hazard insurance, lender’s charges, lender’s Impounds and prepaid interest demand, If any, and apl company charges) necessary to complete this transaction.
I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS.
CITY OF CARIiSBAD
By: f
1200 Third Avenue, 17th Floor, San Diego, CA 92101
SELLER
I approve of the foreaoinq instructions and agree to sell and will deliver to you papers, instruments andlor funds requlred from me (wlthln the “time specified herein), which you are authorized to deliver when you can issue your policy oi tiiie insurance as set fori;> ab0~. 1 ag:ee tC FBj’ 3Cy’pe:So
taxes properly chargeable to me. You are instructed to use the money and record the instruments, to comply with said Instructions and
encumbrances of record necessary without further approval including prepayment penalties to show title as herein provided. I agree to pay your Usual se
fee, drawing of documents and such other charges which are advanced for my account regardless of the consummation of this escrow. I alSO agre
policy of title insurance premium and recording fees which are properly chargeable to me and documentary transfer tax whlch you are instructed to
deed and affix your signature thereto, if required. In the event this amount is incorrect, you are authorized and Instructed to enter the correct amount and deduct the additional cost therefore from funds accruing to my account. In the event an incorrect amount is entered on the deed and said deed I hereby hold you harmless and agree to relmburse you for any loss you may sustain by said amount bolng Incorrect.
A. K. Oliver Partnership
By :
587 Carnino el Dorado, Encinitas, CA 92024 c
First A~~iericirl,@lt: &sarayEee @B~&;'E_V
. Escrow ~0.9614526
Date:January 11 I 1988
ONLY THE PRORATIONS ANDIOR ADJUSTMENTS INDICATED BY AN "X" BELOW ARE TO BE MADE AS OF CLOSE OF ESCROW
( )
( )
( )
( )
Endorse interest on any purchase money deed of trust note described above ESCROW AGENT IS AUTHORIZED AND INSTRUCTED TO COMPLEl
NOTE AS TO PAYMENT AND DUE DATES AT TIME OF CLOSE OF THIS ESCROW, EVEN THOUGH SAME HAS BEEN PREVIOUSLY SIGNED.
Prorate interest on loan of record based on statement of beneficiary or agent.
If unpaid balance of loan of record based on beneficiary's statement shows to be more or less than amount set forth herelnabove, adjust sald dlfferen
Charge buyer and credlt seller with amount of any funds shown on beneflclary's statement as impounded for future payment of taxes, hazard lnsurar
or FHA or lender's risk insurance.
( ) Prorate premium on FHA or lender's risk insurance.
( )
( )
( )
( )
Prorate taxes on real property, based on Information furnished by Insuring title company.
Prorate rents based on statement to be furnlshed by seller and approved by buyer.
Prorate premium on existing hazard Insurance and make asslgnment of same to buyer at close of thls escrow, OR AT THE OPTION OF BUYEF
lender approved insurance coverage for subject premises.
Pro-rate Homeowners Assodation Dues and charge sellers to brlng current per statement of Association or Agent. Transfer fee to be paid b)
INSTRUCTIONS:
A. The close of escrow is contingent upon the title being free of liens, encumbranl
easements, restrictions, rights and conditions of record or known to Seller, or recl
of the City's written approval of the exceptions to title as revealed in a Prelimin<
Title Report to be issued and forwarded to the City.
B. The close of escrow is contingent upon the City Council of Carlsbad., at its so
discretion, approving the purchase of the property and authorizing the expenditure I
the funds for the project. If applicable, Escrow Holder is instructed to release th
executed Grant Deed to the City Property Department for its acceptance by the City
Manager as to form only and not as delivery of title. The redeposit into escrow of
executed Grant Deed bearing the City Manager Is "acceptance" and the necessary funds
shall constitute satisfaction of the City Manager's acceptance of the Grant Deed and
authorization of the City Council.
C. There is to be no proration of property taxes by Escrow Holder. Property taxes
or payable must be paid in full by the Seller prior to the close of escrow with
reimbursement, if any, beyond the close of escrow to be refunded by the County Tax
Collector. In the event at the close of escrow unpaid taxes exist, Seller shall cau:
be handed to Escrow Holder proof of payment or shall cause to be handed to Escrow Ho
proof of payment or shall cause to be handed to Escrow Holder the necessary tax st1
and Escrow Holder shall pay same at the close of escrow, together with any penaltie!
applicable, charging to the account of Seller. Any tax payment overages will be
reimbursed to Seller by the Tax Collector for the County of Sail Diego. Any property
taxes which at the close of escrow are a "lien" on the property but ''not yet due ani
payable" will be prorated hy the County Tax Collector and billed to the Seller afte
close of escrow.
D. Contrary to the preprinted matter contained on page one herein, the City of CCX:
hss ayl-eed to pay all title and escrow charges in connection with this trailsactio
together with trustee and reconveyance fees. The City is not to be charged documen
(ccntinued on page 3) BUYE2S :
CITY OF CARLSBAD
By:L &.d%~ 4
SELLERS :
A. K. Oliver Partnership
By :
In*-,- I..,_%
0 0 *,
C
Escrow No. 9614526 Date: January 11, 198
Re: Easement for -0052 acre, City of Encinitas
Instructions in the above numbered escrow are hereby continued in the following
particulars:
(continued from page 21
transfer tax, recording fees or change of ownership fees. These fees are to be wa
BUYERS :
CITY OF CARLSBAD
"Y/ S LLERS: - i! &E%&.)
A. K. Oliver Partnership
By :
IPann t hmo\
0
GENERAL PROVISIONS E.5CXm NUMBER 961452G
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% 1. Deposlt of Funds & Dlsbursements
All funds recelved in this escrow shall be deposlted In one or more of your general escrow accounts wlth any bank dolr In the State of California and may be transferred to any other genera! escrow account or accounts. All dlsbursements shi
by Your check. You are authorized not to close or disburse until good funds have been conflrmed In escrow.
2 Proratlons and Adjustments
The expression “close of escrow” used In thls escrow means the date of which Instruments referred to herah are 18
All proratlons andlor adjustments are to be made on the basis of a 30-day month unless otherwise instructed In WI
You are authorlzed to record any documents delivered through this escrow, the recordlng of which is necessary or PI
relates only to proratlons andlor adlustments unless otherwise speclfled.
3. Recordation of Instruments
Issuance of the requested policy of tltle Insurance.
Authorlzatlon to Execute Assignment of Insurance Pollcles
You are to execute on behalf of the parties hereto form asslgnments of Interest in any Insurance pollcles (other than titlt
called for in thls escrow; forward asslgnments and pollcles upon close of escrow to the agent wlth the request, first, that I
sent to such transfer andlor attach a loss-payable clause andlor make such other addltlons or correctlons as may have bi
cally required hereln, and second, that the agent thereafter forward such pollcles to the parties entitled to them.
In all acts In thls escrow relatlng to Insurance, includhg adjustments, If any, you shall be fully protected In assumln
poilcy Is In force and that the necessary premium therefor has been paid.
4.
5. Authorlzation to FurnIsh Copies
You are to furnlsh a copy of these instructlons, amendments thereto, closing statements andlor any other document
In this escrow to the lender or lenders, the real estate broker or brokers andlor the attorney or attorneys Involved In this
upon request of the lenders, brokers or attorneys.
6. Personal Property Taxss
7. Rlght of Cancellatlon
No examlnation or Insurance as to the amount or payment of personal property taxes is required unless speclflcall)
Any pariy instructing you to cancel thls escrow shall flle notice of canceliatlon In your office, In wrltlng. You shall withln a
time thereafter mall, by certified mall, one copy of the notlce to each of the other partles at the addresses stated In this esc
wrltten objection to cancellatlon Is flied In your offlce by a party within ten (10) days after date of mailing, you we authori
optlon to comply wlth the notice and demand payment of your cancellatlon charges as provlded in thlv agreement. If wrltte
Is flled, you are authorlzed at your optlon to hold all money and Instruments In thls oscrow and tako no further actlon untl
directed, either by the parties’ mutual wrltten Instructions, or final order of a court of competent jurlsdlctlon.
8. Action In Interpleader
The parties hereto expressly agree that you, 8s escrow holder, have the absolute rlght at your electlon to file an actlon In I
rsqulring the parties to answer and lltlgate their several claims and rlghfs among themselves and you are authorlzed to d
the clerk of the court all documents and funds held In thls escrow. In the event such actisn Is f!ied, the partles Jolntly ar:
agree to pay your cancellation charges and costs, expenses and reasorisble attorney’s fees whlch you are requlred to expc
In the Interpleader actlon, the cinount thereof to be fixed and judgmont therefor to be rendered by the court. Upon th3 f
actlon, you shall thereupon be fully released and discharged from all obligations to further perform any duties or obligation:
lmposad by the terms of thls escrow.
9. Terminntion ol Agency 0>1!y~tion3
If there is no actlon taken on this escrow wl:hln six (6) months after the “the limit date” as set iorth in the escrow I
or written extension thereof, your agcncy obligation shall termlnate at your option and all documents, montes or other lic
ysu shail be returned to the parties depositing same.
In !hP event of cancellation of this escrow, whcther it be at the request of any of tho parties or otiiarwise, ii16 lecs i
due First American Tltln Insurance Company, lncludlr,g expenditures Incurred and/or authorlzei shall be borne equslly by
heretc iiinlesj otherwise agreed to specifically).
or alier clos,~ oi exrow recslve or b~comc :.wad oi my conillciinj dw~:’.iiis <,r clsiii-is *:dilt reis lit3 hz;.;ln 0: :.iI~t;d hsisby, YCU SI\ io ‘;‘i’~: ;slls;r >;/oi;, 2nd YOC ;l:eii ;IF”:
CO[iillct as prwldeci in paragraphs T an
cscrow 01 Lhe rlytits of any of the pai.llas hzrs;o, or any coney cr propsriy
righi to discon:!nue 3ny or ail fuilhsr s:is on j’r~‘~: :)xi unill :ha conillct is :zc
richt to commence or defznd any actlon or proc-sdlngs foi :he determination
Gocerai Provislons.
/. I $. i’dilGj ;iei?ilBac; iit Es::;~..~
If for any reison funds are retainod in esLo\jw, you may
You a(? not io be :triiceiiiEd wiih ai;/ quasiioil oi usvrjr ir, . !y loan or encumbraices Involved in iiie pioccr‘sin$ oi
arid you ar? i.ieieby rel-ased cf any recponsibiliiy or liability therefor.
herefrom $20.00 as a nontii:y cilzfge 6s cusiodiai
”n .. 1.1.. bs;..-;r
pnr;y io ;;lis eSCiGV4, including the tiile COii-:>;. ..y o: z;,;’
.zip;.ry, cl:.:,;ling 7;ly ilciii they may have as ;g?lii~t ci.,.cil 0i:lCi o
that ovent, 1110 ljar:los iieizto agree to indcnililfy and hold harmless the title company agcrlnst ariy aii
. ..I ... . 14. iiiiiGiio,i;~i~~~ :G t:i.C~>’.‘ tit
Any Anlendmc;lis or supplenien: to i.iies.3 oscrow insiructlons must be In writing. These escrow instructlons constitut
escrow between the escrow holder and the parties hereto.
15. DSFJYII 0: ?L!,ld.?
Escrow hcldor siiall deposlt ill funds iecelved in this escrow in any bank doing business In the State cf Callfornia, liic
aifilla:sc; kiik, Flrtt Aixcrican Trust Company, !c onc or mere of their C-wsral Escrow Demand Accounts. These funds m
ferred to any otiier general escrow demand account or accounts.
Foreign invc.uiriidr.1 111 23tl Properly ‘iax act
4 p ace3 speclal rl
for tax reporting and wlthholdlng on the partles to a real estate transaction where the transferor (Seller) Is a non-resld
non-domastlc corporation or partriershlp or Is F -!omestlc corporation ur partnershlp controlled bjr non-rasldents or r corpcratlons or partnershlps. The partles to thls tiansactlon are seeklng an attorney’s, accountant’s or other tax specialls
concerning the effect of this Act on thls transaction and are not acting on any statement made or omitted by Escrow
18. PksWgg ~~~~~~~ ! The Foielgli In.:estment In Real Property Tax Act of 1380 as amonded by the Tar. Reform Act of 1
TIME IS OF TEE ESSENCE OF THESE INSTRUCTIONS. if this escrow 1s not In condition to close by closlng date re p”80 1 hereof, and demand for cancellallon Is recelved by you from any party to this epcrow after sald date, yoy,$hall act In
with the cancellation instrucilons contained In the general provlslons on the prevlh’us page hereof. If ’no.deniand for ca
made, you will proceed to close this escrow when the principals have complied wlth the escrow Instructions.
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ORDER NO. 961452-1(
LEGAL DESCRIKTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 7 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLA'I
THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF SAID SECTION 34;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 15, SOUTI
86'50150t1 EAST, 358.09 FEET; THENCE NORTH 83.43'13" EBST, 89.96 FEE7
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 83'43'13'
EAST, 45.76 FEET; THENCE SOUTH 69'00t00't EAST, 20.04 FEET; THENC;
NORTH 88'49107ti WEST, 35.87 FEET; THENCE NORTH 87'06'0111 WEST, 28.3t
FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THE RIGHT OF ACCESS TO INGiiESS AND EGRESS OVER, WNDEE:
AND ACROSS SAID GRANTOR'S LAND TO INSTALL (INCLUDING HIS SUCCESSOR,!
AKD ASSIGNS) , CONSTRUCT, NAINTAIN, REPAIR, REPLACE, ;RECONSTIXJCT ANI:
RZQUIPXPiENTS OF THE CALIFORNIA COASTAL COMHISSION AND CITY OE
CaRLSBAD.
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY Of
-
INSPECT .ANY, STRUCTURES OR GIWDING DEEMED NECESSARY FOR "HE l?ITIGATIOI
-, FL% A nzer icar2 Title COi&lJf
-x
.i SUPPLEMENTAL ESCROW 1 NSTRucTloNs
9614526 San Diego California August 24
(Srarc) Escrow NO (c1 [J')
THE UNDERSIGNED HEREBY APPROVES THE PRELININARY TITLE
REPORT DATED AS OF JANUARY 15, 1988
COVERING THE PROPEXIY REFERENCED TKEREIN
*- -- '- \ ,+
ITEMS # F;
AND At4Y ITEMS CREATED HEREIN BY ME TO SHOW ON POLICY OF
TITLE INSURANCE TO BE ISSUED AT CLOSE OF ESCROW.
CITY OF CARLSBAD,
a municipal corporation
By :
.- .. e 0
" Form Nb 1068-1 (6/87) Ex5ibit A to Preliminary Report
%
First American Title Insurance Company
0 0
ORDER NO. 961452-
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
JANUARY 22, 1988
FIRST AMERICAN TITLE INSURANCE COMPANY
ESCROW DEPARTMENT
411 IVY STREET
SAN DIEGO, CALIFORNIA
ATTN: KATE NEMEC
YOUR REF: 961452G
OUR ORDER NO. 961452-10
BUYER: CITY OF CARLSBAD
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY (
TITLE INSURANCE, THIS COMPKNY HEREBY REPORTS THAT IT IS PREPARED ?
ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY (
POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE t
INTEREST TRWEIN HEREINAFTER SET FORTH, INSURING AGAINST IRSS WHI4
MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE Nc
SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FRt
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AI
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SA
POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORl
SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THI
REPORT .
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUl SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY (
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRl
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITI INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
-
DATED AS OF JANUARY 15, 1988 AT 7:30 A.M.
[&7l&L
RICHARD N. CALOIA/CMG - TITLE OFFICER
PAGE 1
e m
ORDER NO. 961452-
THE FORM OF POLICY TITLE'INSURANCE CONTEMPLATED BY THIS REPORT IS:
ALTA
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
A. K. OLIVER, A LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERR) TO COVERED BY THIS REPORT IS:
EASEMENT
- THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINT1 EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE I
FOLLOWS :
1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEA
1987-88.
2. DELINQUENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1986-8 AND SUBSEQUENT DELINQUENCIES. AMOUNT TO REDEEM PRIOR TO JANUARY
IS $659.95, FEBRUARY, IS $667.86 AND MARCH, IS $675.76
3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT 'I CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENU AND TAXATION CODE,
4. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH AL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HERE1 DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW,
5. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6269, WHICH SET, FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARING:
OF THE HEREIN DESCRIBED PROPERTY.
PAGE 2
0 a
3
P ORDER NO, 961452-1
6. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATIO AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 179 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROA SURVEY AS GRANTED IN DEED RECORDED OCTOBER 14, 1966 AS FILE NO
166180 OF OFFICIAL RECORDS.
7. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, A DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSIO CERTIFICATE OF COMPLETION RECORDED FEBRUARY 14, 1985 AS FILE NO
85-051430 OF OFFICIAL RECORDS.
8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINA PRINCIPAL SUM OF $345,000.00, AND ANY OTHER AMOUNTS 0 OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 10, 1985 AS FIL NO. 85-464165 OF OFFICIAL RECORDS. DATED: DECEMBER 4, 1985 TRUSTOR: A. K. OLIVER, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE : CAL-WEST MORTGAGE COMPANY, A CALIFORNI
- CORPORATION BENEFICIARY: C. WILLIAM DEALY, JR. AND RUTH H. DEALY, HUSBAN AND WIFE AS COMMUNITY PROPERTY
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
9. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 10452, WHICH SET FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARING OF THE HEREIN DESCRIBED PROPERTY.
10, THE FACT THAT SAID LAND LIES WITHIN THE SAN DIEGUIT REORGANIZATION PROJECT AREA, AS DISCLOSED BY SAN DIEGO COUNT LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETIO RECORDED SEPTEMBER 5, 1986 AS FILE NO. 86-390249 OF OFFICIA
RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
11. AN ACTION COMMENCED JUNE 3, 1987, IN THE SUPERIOR COURT IN AN FOR THE COUNTY OF SAN DIEGO.
CASE NO. : N 37200
PLAINTIFF : CITY OF CARLSBAD DEFENDANT : A. K. OLIVER, A LIMITED PARTNERSHIP; LEUCADI COUNTY WATER DISTRICT; CAL-WEST MORTGAGE COMPANY A CALIFORNIA CORPORATION: C. WILLIAM DEALY, JR. RUTH H. DEALY; DOES 1 THROUGH 50, INCLUSIVE.
PURPOSE : THE PURPOSE OF THE ACTION IS TO CONDEMN AND TAKE BY RIGHT OF EMINENT DOMAIN, EASEMENTS MOR ACCURATELY DESCRIBED IN THE COMPLAINT ON FIL HEREIN FOR PUBLIC HIGHWAY, GRADING, LANDSCAPIN1 AND IRRIGATION EASEMENTS FOR THE LA COSTA AVENU WIDENING AND MITIGATION PROJECT.
PAGE 3
0 0
ORDER NO. 961452-1
NOTICE OF PENDENCY OF SAID ACTION WAS RECORDED JUNE 4, 1987 A FILE NO. 87-310745 OF OFFICIAL RECORDS.
12. THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHIP REFERRE TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPI WITH SUCH TERMS, COVENANTS AND PROVISIONS.
13. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY G
PARTNERSHIP AGREEMENT REFERRED TO IN VESTING AND ANY OTHE AMENDMENTS THERETO.
1987-1988 TAX INFORMATION:
CODE AREA: 19090
1ST INSTALLMENT: $2,662.78 PAID 2ND INSTALLMENT: $2,662.78 OPEN
LAND VALUE: $479,400.00 IMPROVEMENTS : $25,500.00
- PARCEL NO. : 216-110-05
EXEMPT: $-0-
PAGE 4
\
* e
.--. ORDER NO- 961452-
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNI, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 7 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WES' SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY ( SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PL THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF SAID SECTION 31 THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 15, SOU:
86°5015011 EAST, 358-09 FEET: THENCE NORTH 83'43'13'' EAST, 89.96 FEI
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 83'43'1: EAST, 45.76 FEET; THENCE SOUTH 69°0010011 EAST, 20.04 FEET: THEN( NORTH 88°4910711 WEST, 35-87 FEET: THENCE NORTH 87°061011' WEST, 28.: FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THE RIGHT OF ACCESS TO INGRESS AND EGRESS OVER, UNDl AND ACROSS SAID GRANTOR'S LAND TO INSTALL (INCLUDING HIS SUCCESS01 AND ASSIGNS) , CONSTRUCT, MAINTAIN, REPAIR, REPLACE, RECONSTRUCT AI INSPECT ANY STRUCTURES OR GRADING DEEMED NECESSARY FOR THE MITIGATIC REQUIREMENTS OF THE CALIFORNIA COASTAL COMMISSION AND CITY C CARLSBAD .
1/20/88 JM
-
PAGE 5
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s ,- 7 ...
L,
n mu n IY >
V-?ITE IT - DON’T SAY -!
Date 7 /31 1
T~ File 0 Reply Wanted
From Karen 0 No Reply Necessary
Re: Easement from A.K. Oliver - La Costa Ave. PRoject.
The easement, dated 8/23/88 from A.K. Oliver was accepted by the City
Council on October 25, 1988. The document was subsequently sent to
MacFarlane & Associates to be placed in escrow. Details of the matter
could not be worked out, and the escrow fell through.
Therefore, the City proceeded with condemnation to obtain the easement.
On July 28, 1989, we received from Asaro & Keagy, Attorneys, the
recorded Final Order of Condemnation which conveys the easement to the
City, and is to be treated as a deed.
K.
AIGNER FORM NO. 55032 PRlNTt
'. e e
\ . 11
+I. c
1200 ELM AVENUE TELEPt CARLS BAD, CALI FO RN I A 92008 (619) 434
Office of the City Clerk situ of UJnrlslrub
October 27, 1988
Mac Farlane & Associates, Inc.
3078 N. Park Way
San Diego, CA 92104
Re: Easement for La Costa Avenue Improvements
The Carlsbad City Council, at its meeting of October 25, 1988,
adopted Resolution No. 88-372, accepting an easement from A.K. Oliver,
a Limited Partnership for grading, landscaping, and irrigation
purposes and approving escrow instructions and authorizing payment
of escrow fees for the transaction.
Per instructions from our Municipal Projects Department, enclosed
are the following documents:
1. Original Easement for Grading, Landscaping and
Irrigation from A. K. Oliver, a Limited Partnership
to the City of Carlsbad
Original Escrow Instructions and Supplemental Escrow
Instructions which have signed by the City Clerk
(per Resolution No. 88-372).
2.
3. Copy of Resolution No. 88-372 for your records. $--,- EN R. K DTZ
eputy City Clerk
Encs .
- --- __._ -- 0 (ThIIS INSTRUMEN-T TO:
&* . *'. **
#r CITY CLERK
CITY OF CARLS8AD
1200 ELM AVENUE CARLSBAD, CA 92008
?# TRANSFER TAX DOE
0
a a . . C. . '*
L' .. t& DHed thls 23rd day of AUPst
A. K. OLIVER, a limited partnership
P
BY : f/$'I L/ LAd 1 92dlT. [7F/i#2/ff ( p;
I'
By :
I
STATE OF CALIFORNI Jss 2. COUNTYOF sari bieqo I z On
0 * * * * * 0 said State, personally appeared cHRIs KoLB* - * * * *
Auwst 23, 1988 , before me, the undersigned, a Notary Public in and for
I, a Notal
____--__- % I-
C Ezq-E 0
_______.- z
E and ackn -r proved to me on the basis of satis- a z factory evidence) to be the person that executed the within
a instrument as General partner(s),
I
-
N*TAAPr 'UaLlC CALfFORNIA A. K. OLIVER,a limited .c E p) on behalf of-
PRINCIPAL DFF,CE 1N m ,the partnership E partnership
a G ? executed it.
'D m
therein named and acknowledged to me that the partnership
WITNESS my hand and official seal
(This area for official notarial seal) "\ 0 0 m Signature 1< C<LLL<WYho_L
,,
This IS to certlfy that tho Interest In rob? property conveyed by tho fotegolng em
the CIty of Carlsbad, a munlclpal cotparatton Is hereby accepted by the City Cc sald Clty of Catlrbsd, Califomla pursuant to Resolution No. 88-372 ado1
October 25, 1988 , 8nd tho Grantee consents to rocordstfon thereof hmuly (Iu "imcar .
Dited && - 2% /9f/
')PROPOSED GRADING EASEMENT 1.1
AREA : 225 S.F.
A.P.N. 216-110-05
WILLDAM ASSOCIATES
CONSULTINO ENGINEERS 81 PLANNERS W uU WWWCH. Ivlu 2S0, W DTOo. u nia 457 I in EXHIBIT "A"
I 1 #36022 w