HomeMy WebLinkAbout1989-05-23; City Council; 10040; ACCEPTANCE OF QUITCLAIM DEED FOR AT&SF RAILWAY PROPERTY FOR FUTURE AVENIDA ENCINAS'3
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AB#.*@-!? TITLE: DEPT. H
MTG. 5-73-89 ACCEPTANCE OF QUITCLAIM DEED CITY AT
DEPT.ENG. FOR FUTURE AVENIDA ENCINAS CITY MG
RECOMMENDED ACTION:
FOR AT&SF RAILWAY PROPERTY
Adopt Resolution No. 89 -160 accepting a quitclaim deed from the Atchi Topeka and Santa Fe Railway Company.
ITEM EXPLANATION:
The Atchison, Topeka and Santa Fe Railway Company proposes to convey 1.58 2 of property to the City of Carlsbad for $172,000. This price was found 1 fair market value for the property in an appraisal conducted by Mr. Ric Fuller, M.I.A. Acquisition of the property is necessary to provide reqi public right of way for Avenida Encinas.
Payment for the right of way acquisition will be obtained from the Encina \ Pollution Control Facility's Vista Trust Fund. The Encina Joint Advi Committee approved the purchase in March 1988. A title report has been orc and escrow opened to facilitate the purchase. Escrow instructions are att: as Exhibit No. 3.
FISCAL IMPACT:
The City has already paid their share (25.4%) into the Vista Trust Fund ~r will be the source of funds for the acquisition. No additional assessment be necessary.
EXHIBITS :
1. Resolution No. p? -/LO accepting a quitclaim deed from the Atch-
2. Proposed Quitclaim Deed.
3. Escrow Instructions.
4. Location Map.
Topeka and Santa Fe Railway Company.
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RESOLUTION NO. 89-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A PROPOSED QUITCLAIM DEED FOR AVENIDA ENCINAS RIGHT OF WAY PURPOSES FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY.
WHEREAS, Atchison, Topeka and Santa Fe Railway Company has subrr
proposed Quitclaim Deed conveying property for right of way purposes on
Encinas; and
WHEREAS, the City Council of the City of Carlsbad has determined i
in the public interest to accept said deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
1. That the above recitations are true and correct.
2. That the proposed Quitclaim Deed from Atchison, Topeka and S
Railway Company conveying property for right of way purposes on Avenida
to the City of Carlsbad which is on file with the City Clerk and is incor
herein by reference, is accepted.
3. That the Mayor of the City of Carlsbad is hereby authori;
directed to execute said deed and escrow instructions for and on behalf
City of Carlsbad
I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb;
Council held on the 23rd day of May , 1989 by the following v(
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L,
NOES: None
ABSENT: None
CLAUDE A. LEW rS ,’ Mayor ATTEST:
-5 0 0. a
S-1232
031 82
QUITCLAIM DEED
FROM
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO
CITY OF CARLSBAD
Coveri ng certai n real property situate in:
Ci ty of Carl sbad County of San Diego State of Cal i fornia
Dated , 1989.
Reviewed and Accepted gyy;AD-
CLAUDE A L S,Mayor
DATE: 5/24/89
0 e
WITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
ATCHISON, TOPEKA AND SANTA FE RAILHAY COMPANY, a Delaware corporation, hereinafter called "Santa Fell, hereby remises, re1 eases and quitclaims to th
CITY OF CARLSBAD, a municipal corporation, all of its right, title and interest in and to the following described real property:
A PARCEL OF LAND PARTIALLY IN THE CITY OF CARLSBAD, ALL IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S PROPERTY IN FRACTIONAL SECTION 20, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND THAT PORTION OF SAID RAILWAY COMPANY'S
SAID RANCHO IS SHOWN ON PARTITION MAP NO. 823, FILE NOVEMBER
16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
100-FOOT WIDE PROPERTY IN LOT "H" OF RANCHO AGUA HEDIONDA, AS
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 19 IN
BLOCK 21 OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO
MAP THEREOF NO. 2013 FILED APRIL 6, 1927, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID CORNER BEING AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF SAID LA COSTA DOWNS UNIT NO. 1: THENCE ALONG SAID NORTHERLY
BOUNDARY SOUTH 69'33'55" WEST, 69.29 FEET (SHOWN AS
SOUTH 68'53'20" WEST 68.75 FEET, ON SAID MAP 2013) TO A POINT IN THE EASTERLY PROPERTY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, BEING THE SUCCESSOR IN INTEREST OF THE CALIFORNIA SOUTHERN RAILROAD COMPANY, WHICH WAS SHOWN ON MAP APPROVED BY THE SECRETARY OF THE INTERIOR, MAY 12, 1881; AND
CONSTRUED IN 1882 ON THE LOCATION SHOWN ON SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 69"33'55" WEST ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY BOUNDARY, 55.03 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT WESTERLY 55.00 FEET MEASURED AT RIGHT ANGLES FROM SAID EASTERLY LINE; THENCE NORTH 18"24'35" WEST ALONG SAID PARALLEL LINE 1182.51 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE, TANGENT TO THE PRECEDING COURSE, CONCAVE WESTERLY AND HAVING A RADIUS OF 907.00 FEET, THROUGH A
CENTRAL ANGLE OF 6'02'27" A-DISTANCE OF 95.60 FEET; THENCE NORTH 24'26'56" WEST TANGENT TO THE PRECEDING CURVE, 126.09 FEET; THENCE SOUTH 65'33'34" EAST, 14.62 FEET TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN 100-FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO SAID CALIFORNIA SOUTHERN RAILROAD COMPANY, RECORDED MARCH 10, 1881, IN BOOK 38 OF DEEDS, PAGE 171, RECORDS OF
0 0 SAID COUNTY; THENCE SOUTHERLY ALONG LAST SAID EASTERLY
RANCHO; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY TO A POINT IN FIRST SAID EASTERLY LINE; THENCE
SOUTHERLY ALONG FIRST SAID EASTERLY LINE TO THE POINT OF BEGINNING.
I. LINE TO A POINT IN THE SOUTHERLY BOUNDARY OF SAID
SAID HEREIN DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 1.58
ACRES, MORE OR LESS.
IN WITNESS WHEREOF, Santa Fe has duly executed this Instrument
this day of , 1989.
THE ATCHISON, TOPEKA AND SANTA FE RAXMY COMPANY
BY
' Its Senior Vice President- Finance and Chief Fi nanci a1 Offi cer
ATTEST:
BY
Its Assistant Secretary
a e .-
.I ,. STATE OF ILLINOIS)
CWNTYOFCOOK 1 1 ss.
OR this day of , in the year
one thousand nine hundred and
me, , a Notary Public in and for said State,
personally appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the person who
executed the within instrument as the Senior Vice Presi dent-Fi nance and
Chief Financial Officer, and 9
personally known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument as the
Assistant Secretary of the corporation that executed the within
instrument and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution~of its Board of
Di rectors.
, before
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WITNESS, my hand and official seal.
Notary Public in and for said County of Cook State of I1 1 i noi s
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(SEAL) My Commi ssi on expi res
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0 . 'CAT. NO. FF00108
ES 353 (2-82)
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THIRD PARTY ESCROW INSTRUCTIONS FOR DEPOSIT OF FUNDS
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Escrow No, Dl175908
Date: March 30, 1989.
Title Insurance and Trust Company
925 B Street San Diego, CA 92101
I hand you herewith my check for $
I hand you herewith a check from Encina Water Pollution Control Facilit;
for $1/2,000 oo+
to your order.
payable to your order.
payable to the order of the undersigned depositor and endorsed
These funds are not loan proceeds and are to be deposited immediately in this escrow
for the account of:- -2 ARLSBAD
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(Principal) ~
Upon completion of the acceptance printed below, these funds are to be treated as the
principal's funds and are to be used unconditionally on said principal's instructions to
escrow.
You are hereby released of any responsibility to the undersignid depositor for the
disbursement of said funds or consideration therefor.
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~ ENCINA WATER PClLLUTION CONTPOL l
BY: ADDRESS: 6200 Avenida Encinas ~
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(Depositor's Signature)
Carlsbad, CA 92009 detty Meyer
TELEPHONE: 438-3941 I
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The foregoing is hereby accepted and approved this 30th day of Mdrch I 1 I ' v -<, (Princi p2ii.s 'Signahre)
CLAUDE A. LEWIS, Mayor I
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0 e *CAT NO FF00108
ES 353 (2-82)
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THIRD PARTY ESCROW INSTRUCTIONS FOR DEPOSIT OF FUNDS
Escrow No. Dl175908
Date: March 30, 1989
Title insurance and Trust Company
925 B Street
San Dieqo, CA 92101
I hand you herewith my check for $ payable to your order.
I hand you herewith a check from Encina Water Pollution Control pacili
for $172,000 oo+
to your order.
payable to the order of the undersigned depositor and endorsed
These funds are not loan proceeds and are to be deposited immediately in this escrow for the account of: CITY 01 I' CARLSBAD
(Pri nct pal)
Upon completion of the acceptance printed below, these funds are to be treated as the
principal's funds and are to be used unconditionally on said principal's instructions to
escrow.
You are hereby released of any responsibility to the undersigned depositor for the
disbursement of said funds or consideration therefor.
ENCINA WATER POLLUTION CONTPOL
BY :
ADDRESS: 6200 Avenida Encinas
(Depositor's Signature)
Carlsbad, CA 92009 Bettv Yeyer
TELEPHONE: 438- 3941
The foregoing is hereby accepted and approved this 30th day of
CITY IJ/,C!ARL BA p
March
89
'9-7y 2
by : &&/f?f;L (Pr tnci pal '4 Signatuie)
CLAUDE A. LEWIS, Mayor
*I* v~a
PRELIMINARY
CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (buyer) prior to transfer of subject property in accordance with
SELLER/TRANSFEROR:.-m E; SANTA FE mAY
BUYER/TRANSFEREE CITY OF ~~~SBAI3
ASSESSOR'S PARCEL NUMBER(S):
PROPERTY ADDRESS OR LOCATION: vacant land, San Dieqo, County
Section 480.3 of the Revenue and Taxation Code.) This report is not a public document,
A Preliminary Change I Report must bo filac
convsysnw in the Cow *fatheaxlmywhu
IS kcasd: mis mm~lu usad in all S(Jcoutnmd
FOR RECORDER
. Please answec to the best of your know1 a’ a11 applicable questions, sign and date. If a @ stion does not apply, indicate wit
* PART 111: PURCHASE PRICE &TERMS OF SALE
Amount$ - A. CASH OOWN PAYMENT or Value of Trade or Exchange (excluding closing cost1
B. FIRST DEED OF TRUST @ - % Interest for - years. Pymts/Mo = S - (Prin €4 Int only) Amount $ 0 FHA 0 Fixed Rate 0 New Loan 0 Conventional Cl Variable Rate 0 Assumed Existing Loan Balance 0 VA 0 All Inclusive D.T. ($ Wrapped) 0 Bank or Savings & Loan 0 Cat-Vet 0 Loan Carried by Seller 0 Finance Company Balloon Payment 0 Yes U No Due Date Amount 8
Cl Bank or Saving & Loan 0 Loan Carried by Seller Balloon Payment 0 Yes 0 No Due Date Amount $
D. OTHER FINANCING - Is other financing involved not covered in (b) and (c) above? 0 Yes 0 No
Type 0 Bank or Saving & Loan 0 Loan Carried by Seller Balloon Payment 0 Yes 0 No Due Date Amount S
C. SECOND DEED OF TRUST 0 - % Interest for -years, Pymts/Mo = 8- (Prin & Int only) Amount 8 - 0 Fixed Rate 0 Variable Rate 0 New Loan 0 Assumed Existing Loan Balance
0 - % Interest, for - years. Pymts/Mo = S - (Prin & Int only) Amount 8 - 0 Fixed Rate 0 Variable Rate 0 New Loan 0 Assumed Existing Loan Balance
E. IMPROVEMENT BOND 0 Yes 0 No Outstanding Balance Amount $ p
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real
Total items A through E.+ estate commission if paid.)
Please explain any special terms or financing and any other information that would help the Assessor understand the purchase price and terms of sale.
/$172
PART IV: PROPERTY INFORMATION __ -- b A. Is Personal Property included in the Purchase Price? - 6.. -. 1- (Other than a mobilehome subject to local property tax)? U Yes dNo I# ‘YES’ enter the value of the personal property included in the purchase price W - (Attach iteh
personal property) _.
If yes, enter date of occupancy , -I S,, oc intended occupancy Month. Day .-
6. is this property intended as your principal residence?, n Yes db
C. Type of Property transferred:
,- 1
0 Single-family residence 0 Agricultural 0 Timesh
0 Multiple-family residence (no. of units: 0 Mobile
dCOther (description: &A4 R;:XT- of-pA)/
E. If the answer to question D is yea, is tho income from:- 0 Lease/Rent 0 Contract Cl Mineral rights a Other -explain:
Enter here,or on an attached sheet,enyother informationthatwould assisttheAssessoc.indetermining valueof. such as the physical condition of the property, restrictions, etc.
Month
) 0 Co-op/Own-your-awn. 0 ommercial/lndustrial 0 Condominium - 0 Unimpi
D: Does this property produce income? 0 Yes El No - ,..- - 4.. * . - ,, - ’
Please Print Name of New Owner/Legal Representative/Corporate officer C%WDE A. LEw1s 9
Phone number where you are available from 8 a.m. - 5 p.m. 6
(NOTE: The A88o88or may contact you for furthoc informath.)
If a document evtdencingachange of ownership is presentedtothe recorderfo,rrconlatlonwithouttheconcurrsntfilingof a prelimtnarychangeof ownership report, therecordsrmsychar~anadditionalrecordlngfeeof~ntyddlars(8 20). -The additional fee shall not be charged if the document is accompanied by an affidavit tha? the transfama is not a resident of California
CITY OF CARLSBAD ” 1 .I
AFFIDAVIT OF NONRESIDENT TRANSFEREE
and not resident of the State of California. The Tranferee (buyer) named above is a resident of
State
Date Signed _I (New OwnerlLegal RepresentativelCorporate Offker)
’ .F E1175 CEh AX0 AH 502-A Back 17-86)
e 4. @ July 23/46
j \ (3)79091 ,I J
I L -- UMfq "8" =ED
JZSSXX X* SC3UYLZk a rid TL~ ATCHISON, TOPP WEU) Sd.Tir FE WLifirY GOQLAY,
a I(aoa8 Corp
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HOC CR&H SlO.00 m 31.6s GRm
An hTeg 8bpd pmU Of ld ne82 3Xlanit88, in %h~ 00 Or SD, being a por of lots 1 axxi 2 in Seo 20, Tup 132 8, B 4 W, S.B.B.bl. Faro being bded by the foll deeo Us; OL the N by the S li of Iibo Agw Eedionda ao rd 9 11 ua8'eaI 6/5/13 by %ores or tm Superior Court or SD 00 in that wrt AOU 18030 entitled "Kelly Inve~tment Campmy va. Clamno8 Ikyton Wl: man and Dead8 Olive fIillmRnA; on the 3 by tb Wly U of the eW c/w or tibb Atohiaon, Topeka ad Santa Fe Railway Caplpmy; on the s by tne h' if of the S 60 auma of t,ha foll &em prop tdsen ea a* .hole: Lot 2 in Seo 20, the Si of the 92) of See 20, and the SI of the S;Oi of Seo 21,. all In Tvrp 12 3, H 4 .t S.B.B.E.; and bded on t:.e v by ttu! mi des0 ii; BAP in the N lf or Lot I insd
CONT'D 1
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July 23/46
(S)7909l
c 3 '"3
MOT P"D b2 ---
See X2 dist thereon S 89' 33' BOn X 615.92 ft fi the c/l of State Eighsay as snm on tics Sur vex= *a Lap 339, fi It: d h0; th Sly in dir at lin 1630 ft m/l to tlie h'!V1;' cor of Lot 1 in I31k 22, La
Costa Dawns UrLit #l, acc to Z'ap 2013, reas of al GO; sd p5rc conts a ,ret5 of 4.1 ecres, m/l
ALSO Lots Los. 1, 7, 6, 3, 10 and 11 in Slk 22 La Costa ikans Unit $1, 60C to I-bF 2015, file- d ko 4/6/27.
6/20/46 /fD BB e 7& WL
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% 0 ESCROW INSTRUCTIONS 0
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TO: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA DATX: MARCH 30, 1989
925 'B' STREET, ESCROW NO: Dl175908
SAN DIEGO, CALIFORNIA 92101 PAGE NO: 1
ESCROW OFFICER: LORETTA STEPHENSON
TELEPHONE NO: (619) 544-6260
SECTION I
THE ATCHISON, TOPEKA & SANTA FE Seller(s) herein will hand you a deed conveying t
property described herein to vestee named below;
CITY OF CARLSBAD Buyerts) herein
(X) and will hand you prior to JUNE 30, 1989
TO COMPLETE A TOTAL PURCHASE PRICE OF .............. $
the sum of.. ................................... $ 172,000.00
172,000.00
SECTION I1
You are authorized to deliver and/or record all documents and disburse all funds h
will issue your current form of CLTA STANDARD OWNERS policy of title insurance (a
required, lender's endorsement No. 48 affixed thereto and/or a separate lenders PC
with liability in the amount of the purchase price or amount of liability required
lender, whichever is greater, on the real property described as:
AS PER EXHIBIT "A" ATTACHED HERETO FORMING A PART HEREOF
SHOWING TITLE VESTED IN
CITY OF CARLSBAD , A MUNICIPAL CORPORATION
SUBJECT TO:
( 1) Real Property General and special taxes for the CURRENT fiscal year 1989-1990
subsequent years, including reassessments if any and including any special distric
or personal property taxes, payment for which are included therein and collected t
and improvement bond assessments, when applicable.
(la) The lien of supplemental taxes, if any, assessed pursuant to the provisions o 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of
( 2) Covenants, conditions, restrictions, rights of way, easements and reservation
record.
SECTION I11
1. PRORATE or adjust the following items as indicated tQ : NO PF.OPRATIONS Ib
(X) Real Property Taxes based on tax statement without regard to any reassessmen
subsequent changes.
2. HAZARD/FI RE INSU RAN SE :
(X) No hazard, peril or liability insurance policy is to be obtained or transferre
this escrow, and escrow holder is not to be held responsible or liable in connecti
herewith.
SECTION IV
This escrow and the buyer's and seller's obligations herein are contingent upon
buyer's approval to escrow of the items in the preliminary report of title to w
buyer's title will be subject within FIFTEEN calendar days of the mailing and/ delivery thereof by escrow holder to a buyer at hidher address hereinafter set
If written disapproval of any matter is not delivered to escrow holder within t
specified above, then all such matters shall be deemed approved and this contin
satisfied.
You are authorized to obtain demand(s) and reconveyance(s1 of existing encumbra
not to remain of record and to pay said demand(s1 on seller's approval at close
escrow.
Buyer will hand you before close of escrow a completed 'Preliminary Change of 0
Report' which you are instructed to file accompanied by the Deed with the Count
Recorder; or, in the absence or rejection of said form by the County Recorder,
deficiencies therein, you will pay from buyer's funds an additional $20.00 to t
information to comple +&I:$$ formjand will not be required to furnish informati
therefor.
Recorder if required, I$, Is u$Qq-~t~~d that, 4swaw heldw does nQt have SUffIC
rl-L....k ii, ... I < P * r ,,; i
%+ 0 e
Seller is aware that pursuant to the provisions of Section 6045 et seq of the I
Revenue Code of 1954 and the Tax Reform Act of 1986 effective January 1, 1987,
must furnish Escrow holder with tax reporting information required by the Inter
Revenue Service, prior to the close of escrow, in order for Escrow Holder to re
sale of subject property at the close of escrow. Buyer and Seller are aware an
hereby acknowledge that this escrow will not be in a position to close prior to
holder's receipt of a completed form W-9 containing such information.
The principals are aware that California Statutes allow the Tax Assessor to re-
property throughout the fiscal year, which may result in additional taxes being
In the event Seller has either acquired title to said property or made any impr
to same subsequent to the issuance of the now current tax bill on said property
County Tax Collector, the parties herein mutually agree to adjust outside of es
any supplemental bill(s) and/or additional assessments resulting from same. Bu
aware that the property will be re-assessed at the close of escrow and a supple
bill may be issued by the County Tax Collector's office. Any such bill resulti such sale will be the sole responsibility of the Buyer named herein.
..............................................................................
NOT1 CE
WHEN REMITTING FUNDS TO ESCROW FOR CLOSING PURPOSES, WHICH FUNDS MUST BE SUBMIT
LATER THAN THE BUSINESS DAY PRECEDING RECORDATION AND CLOSE OF ESCROW, WE RECOM
OF THE FOLLOWING WAYS:
A) HAND TO TICOR A CASHIERS OR CERTIFIED CHECK MADE PAYABLE TO TICOR TITLE
INSURANCE COMPANY OF CALIFORNIA, AND DRAWN ON A CALIFORNIA BANK, (PLEASE CONFIR
TIME OF OBTAINING THE CASHIERS OR CERTIFIED CHECK THAT THIS IS IN FACT THE CASE
B) HAVE FEDERAL FUNDS WIRED TO TICOR'S BANK, OR;
C) DIRECT DEPOSIT THE FUNDS INTO TICOR'S BANK.
D) U.S. CURRENCY (PLEASE ADVISE IF THIS IS THE FUNDING DEVICE.)
FAILURE TO MEET ONE OF THESE CONDITIONS MAY CAUSE A DELAY IN CLOSURE OF THIS
TRANSACTION DUE TO COMPLIANCE WITH CALIFORNIA INSURANCE CODE SECTION 12413, ET
(SENATE BILL 1550).
IF YOU SHOULD HAVE ANY QUESTIONS CONCERNING CLOSING FUNDS, PLEASE CONTACT YOUR
OFF1 CER .
...............................................................................
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Owners Title Insurance Premium
Lenders Title Insurance Premium
Escrow Fee
Reconveyance Fee
Recording Fees , if anv
Document Preparation
Loan Tie-In
Documentary Transfer Tax as required if =V
Insurance Premium none -
730,
694,
x
x
0 ESCROW INSTRUCTIONS
(continued)
0 ' 1 CATNO.FF00105, 4 E5354.4 CA 14-88]
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TO: Ticor Title Insurance Company of California DATE: March 30, 1989
ESCROW NO.:
PAGENO.: 4
D117 59 o *
GENERAL PROVISIONS
1. All funds received in this escrow shall be deposited with the principals jointly and severally agree to pay yi other escrow funds in a general escrow account or accounts cellation charges and costs, expenses and rea
of Ticor Title Insurance Company of California, with any state attorney's fees which you are required to expend
or national bank, and may be transferred to any other such in such interpleader action, the amount thereof to
general escrow account or accounts. All disbursements shall and judgment to be rendered by the court. Upon t
be made by check of Ticor Title Insurance Company of of such action, you shall thereupon be fully relea California. Ticor Title shall not be responsible for any delay discharged from all obligations to further perform ar
in closing if funds received by escrow are not available for or obligations otherwise imposed by the terms of this i m mediate withdrawal , 11. In the event of cancellation of this escrow, the f
2. All prorations and adjustments called for in this escrow are charges due Ticor Title Insurance Company of C; to be made on the basis of a 30 day month unless otherwise including expenditures incurred or authorized shal
instructed in writing. You are not responsible for any from funds on deposit unless otherwise specificall payment, adjustment OF proration of a Homeowners to or determined by a court of competent jurisdictio
Association (or similar) charge, .fee or unrecorded lien unless 12. In the event of cancellation of this escrow, you are ai
set forth in the escrow instructions. to demand payment of your charges and, on paymen1 3. The phrase "close of escrow" (or COE or CE) as used in return documents and monies to the respective
this escrow means the date on which documents are depositing same or for whose benefit an unco recorded, unless otherwise specified. deposit was made; and to void executed instrument
4. Recordation of any instruments delivered through this 13. If there is no written activity by a principal delivere escrow, if necessary or proper for the issuance of the policy escrow within any six-month period after the time li
of title insurance called for, is authorized. as set forth in the escrow instructions or written e:
5. You are authorized to furnish copies of escrow instructions, thereof, your agency obligation shall terminate at yo1
supplements, amendments or notices of cancellation and and all documents, monies or other items held by y closing statements in this escrow to the real estate broker(s) be returned to the respective parties entitled therc
and lender(s) referred to in this escrow. fees and charges herein provided.
6. You are authorized to execute on behalf of the principals 14. Upon receipt of any conflicting instructions, 0th hereto, form assignments of interest in any insurance policy cancellation instructions described in paragraph :
(other than title insurance) called for in this escrow; forward you are no longer obligated to take any further i assignment and policy to the agent requesting that insurer connection with this escrow until further cor
consent to such assignment and attach a loss payable clause instructions are received from the principals to this or such other endorsements as may be required, and to 15. You are not to be concerned with any questions 1
forward such policy to the lenders and principals entitled in any loan or encumbrance involved in the proce thereto. this escrow and you are hereby released frl
7. If a demand to cancel is submitted after the time limit date, responsibility or liability therefor. any principal so requesting you to cancel this escrow shall 16. You are to be concerned only with the directives spc
file notice of demand to cancel in your office in writing. set forth in the escrow instructions and amendments You shafl within three (3) working days thereafter mail by and are not to be concerned or liable for items de certified mail one copy of such notice to each of the other as "memoranda" in the within escrow instructions principals at the addresses stated in this escrow. Unless any other agreement or contract between the partie
written objection thereto is filed in your office by a principal 17. You are not required to submit any title report i!
within fifteen (1 5) calendar days after date of such mailing, connection with this escrow to any party or agen you are authorized to cancel this escrow. If written objection directed to do so by written mutual instructions. Y
is filed with you, you are authorized to hold all money and however, do so without incurring liability to any I documents in this escrow and take no further action until such submission. You are hereby authorized to sub'
otherwise directed, either by the principals' mutual written reports to any proposed lender.
instructions or by final order of a court of Competent 18. You are authorized to destroy or otherwise dispos jurisdiction. If this is a sale escrow, you may return lender's and all documents, papers, instructions, correspondt
papers and/or funds upon lender's demand. other material pertaining to this escrow at the e:
8. No examination or insurance as to the amount or payment of seven years from the close of escrow or can
of personal property taxes is required unless specifically thereof, without liability and without further notice t requested. to the transaction. 9. Delivery to escrow of all notices, communications and 19. You are released from and shall have no liability, o
documents are required to be made timely at the office of or responsibility with respect to (a) withholding (
Ticor Title Insurance Company of California set forth on page pursuant to Section 1445 of the Internal Revenue
1 of these instructions. 1954 as amended, and to Sections 18805 and 2
10. The principals hereto expressly agree that you, as escrow the California Revenue and Taxation Code, (b) advi
holder, have the absolute right at your election to file an parties as to the requirements of such Secti action in interpleader in a court of competent jurisdiction determining whether the transferor is a foreign persc
requiring the principals to answer and litigate their several such Sections, nor (d) obtaining a non foreign aff claims and rights among themselves and you are authorized other exemption from withholding under such Sect
to deposit with the clerk of the court all documents and otherwise making any inquiry concerning compliar
funds held in this escrow. In the event such action is filed, such Sections by any party to the transaction.
.
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J?SSI;S Le SC3UYL3 a Wid TIS ATCHISON, TOPm da Sd.Tn F?3 EiAIL\iwY ;Of.L&Y,
a Kame Gorp
NOCCR&H $10.00 mv $1.65 GRm
An irreg ahaped par0 of ld near 3nainitar, in %ho 00 or YD, being a por of lots 1 and 2 in Seo EO, Tup 12 8, El 4 W, S.B.B,!d.,
par0 being bded by the io11 dsao list
On the N by the S 11 of Rho Agw Hediondr ao rd 9 U ua8 mot
6/5/13 by *ore@ of trre Superior Court or YD uo in that oert AOU 16830 entitled wKelly Inoe8tment Cornpiny v8. Clarenw Dayton all man and Beads Olive Hillman"; on the Z by th, Uly U ot the 800 r/r, of tL?s Atohlson, Topeka tind Santa Fe Railmay Cmpmy; on the s by tne h' li of the S 60 aore1) of tile roll dero prop teken es a' 8hOle: Lot 2 in Seo 20, the sE~ or the SEt of Seo 20, and the SA of the Sai of Sea 21,. ull in Twp 12 3, H 4 .% S.B.B.Y.; and bded on t:.e 'A by the mi aeao lit BAP in the E 11 or Lot 1 inad
CONT'D b
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July 23/46
(S)7909l
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MOT FiXl jf2 xx5mnK-.
Seo X dist thereon S 89' 33' 40" L 813.92 it fi the dl of Statc I;iE;h%ay as anim on Lice Sur vejrar 'a P.hp 339, fl It: d h0; th h3ly in dir ot lin 16130 ft n/l to ti,e h':7ly cor of Lot 1 in alk 22, Le Coeta ana Urit $1, acc to b'ap 2013, reos of gl Co; ad pLrc conts 6n %res of 4.1 scres, &/l
AS0 Lots 1\03. 1, 7, b, 3, 10 and 11 in Slk 22 La 'SOsb 30~~ Unit 31, bOC to i.6~ 2015, fil.,J kO 4/6/27.
t3/20/46 BB & ?QgC
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-. a EXl-lIBIT "A" 0 I.
.' THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNI COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
A PARCEL OF LAND PARTIALLY IN THE CITY OF CARLSBAD, ALL
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THAT PORTION THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S PROPERTY IN
MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND THAT PORTION OF SA
RAILWAY COMPANY'S 100-FOOT WIDE PROPERTY IN LOT "H" OF RANCHO AGUA
HEDIONDA, AS SAID RANCHO IS SHOWN ON PARTITION MAP NO. 823, FILED NOVEMBER 16, 1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 19 IN BLOCK 21 OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013 FILE
APRIL 6, 1927, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SAID CORNER BEING AN ANGLE POINT IN THE NORTHERLY BOUNDARY 0
SAID LA COSTA DOWNS UNIT NO. 1; THENCE ALONG SAID NORTHERLY BOUNDARY
SOUTH 69'33'55" WEST, 69.29 FEET (SHOWN AS SOUTH 68'53'20" WEST 68.7 FEET, ON SAID MAP 2013) TO A POINT IN THE EASTERLY PROPERTY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, BEING THE SUCCESS IN INTEREST OF THE CALIFORNIA SOUTHERN RAILROAD COMPANY, WHICH WAS
SHOWN ON MAP APPROVED BY THE SECRETARY OF THE INTERIOR, MAY 12, 1881
AND CONSTRUCTED IN 1882 ON THE LOCATION SHOWN ON SAID MAP, SAID POIN BEING THE TRUE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 69'33'55'' WEST ALONG THE WESTERLY PROLONGATI OF SAID NORTHERLY BOUNDARY, 55.03 FEET TO A POINT IN A LINE PARALL
WITH AND DISTANT WESTERLY 55.00 FEET MEASURED AT RIGHT ANGLES FROM
SAID EASTERLY LINE; THENCE NORTH 18'24'35" WEST ALONG SAID PARALLEL LINE 1182.51 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC A CURVE, TANGENT TO THE PRECEDING COURSE, CONCAVE WESTERLY AND HAVIN
A RADIUS OF 907.00 FEET, THROUGH A CENTRAL ANGLE OF 6'02'21" A
DISTANCE OF 95.60 FEET; THENCE NORTH 24'26'56" WEST TANGENT TO THE PRECEDING CURVE, 126.09 FEET; THENCE SOUTH 65'33'34" EAST, 14.62 FEE TO A POINT IN THE EASTERLY LINE OF THAT CERTAIN 100-FOOT WIDE STRIP LAND DESCRIBED IN DEED TO SAID CALIFORNIA SOUTHERN RAILROAD COMPANY, RECORDED MARCH 10, 1881, IN BOOK 38 OF DEEDS, PAGE 171, RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG LAST SAID EASTERLY LINE TO A POI IN THE SOUTHERLY BOUNDARY OF SAID RANCHO; THENCE EASTERLY ALONG SA1 SOUTHERLY BOUNDARY TO A POINT IN FIRST SAID EASTERLY LINE; THENCE SOUTHERLY ALONG FIRST SAID EASTERLY LINE TO THE POINT OF BEGINNING.
FRACTIONAL SECTION 20, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARD1
1 175908 PAGE 5
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TO: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
925 'B' STREET,
SAN DIEGO, CAL 92101
LORETTA STEPHENSON
DATE: APRIL 11, 1989
ESCROW NO: Dl175908
AMENDED ESCROW INSTRUCTIONS
Prior escrow instructions dated MARCH 29, 1989 are hereby supplemented in the
following particulars only:
1. The legal description covering the property being conveyed hereunder as set
out on the attached Exhibit '*Atf, is hereby approved in its entirety for use in
this escrow.
2. Paragraph 1, Section IV, page 1 of the original escrow instructions is hereby
deleted in its entirety. There are no contingencies concerning this sale.
Seller to convey title by means of a quitclaim deed, which said deed has been
drawn and executed outside of escrow.
3. Escrow holder shall not be responsible for (a) the sufficiency or correctness
as to form or the validity of any documents deposited with escrow holder; (b)
the manner of execution of any such deposited document, unless such execution
occurs in Escrow holder premises and under its supervision; or (c> the
identity, authority, or rights of any persons executing any document depositec
with Escrow holder. fl c ON TA < r 4. Seller name contact is corrected to read DAVID GALLO. BuyerVname is correctec
to read FRANK BOENSCH.
5. Seller is corrected to read a "Delaware" corporation.
All ot '* terms . nd c hditi$zare to remain as originally set forth,
By CIT% : /$()// O~CARLSBAD /&/ b ' 4 4
ATCHISON, TOPEKA & SANTA FE RAILROAD CO-WANY
By :
David Gallo
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PROJECT# EX^ PROJECT NAME AVENIDA ENCINAS
* RIGHT’ OF WAY AQUISITION 4