Loading...
HomeMy WebLinkAbout1989-08-22; City Council; 10228; AQUISITION OF ASSESSORS PARCEL NO. 156-190-62 LOCATED NORTHERLY OF THE LIBRARY PARKING LOTr !! 5 .. z 0 E 5 a z 3 0 0 CIBOF CARLSBAD - AGENQ BILL 1 ACQUISITION OF ASSESSORS PARCEL D EP1 AB# /o!a 68 JITLE: MTQ. 8/22/89 NO. 156-190-62 LOCATED NORTHERLY OF THE cl~y LIBRARY PARKING LOT CITY DEPT. 'IM RECOMMENDED ACTION: Approve Resolution No .8?-3// authorizing the Mayor to execu the purchase and sale agreement and escrow instructions acquire assessor's parcel number 156-190-62, and appropriati $667,000 for the purchase of the parcel. On February 21, 1989, the City Council authorized staff enter into negotiations to purchase the vacant proper located northerly of the Library parking lot. Subsequent the Council's action, City staff acquired the services of t Lee C. Johnson Company to appraise the value of the propert The appraiser determined that the fair market value of t parcel was $650,000. The date of value is April 21, 1989. After review of the appraisal, staff extended a formal writt Company for the sum of $650,000. After extensi negotiations, the Ran-Wil Development Company has agreed a price of $660,000. This price, while $10,000 higher th the appraised value is considered a fair price, especial since the City avoids the cost of condemnation. Condemnati costs could be expectedto range between $30,000-$40,000. 'I City's share of the escrow cost could raise the total cost this transaction to approximately $667,000. FISCAL IMPACT: Funds are available for this project in the Unappropriat General Fund Reserve. The recommended action will authori the transfer of $667,000 from the Unappropriated General Fu Reserve to a special non-departmental account. EXHIBIT: 1. Resolution No. gq -3 I1 . 2. offer to purchase the property to the Ran-Wil Developme Purchase and Sale Agreement Summary. '. 1 2 3 4 5 6 7 a 9 10 I.1 12 l3 14 15 l6 17 e 0 RESOLUTION NO. 89 -311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PURCHASE OF ASSESSORS PARCEL NO. 156-190-62 WHEREAS, the City of Carlsbad directed staff to be< negotiations for assessors parcel no. 156-190-62 on February 21, 1989; i WHEREAS, the appraisal from L. C. Johnson Company valued t property at $650,000; and WHEREAS, the owners of the parcel have agreed to sell t property to the City for $667,000: and WHEREAS, the City has sufficient money available in t unappropriated General Fund balance to pay for this purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council believes that the price of t property is fair and equitable. 3. That the City Council directs an appropriation from t I,6 I' [General Fund budgetary fund balance (account no. 001-890) to account r. 1~001-8~0-1990-3~00 for the purchase of assessors parcel no. 156-190-62. I' 2o 1 I 21 22 23 24 25 /// /// /// /// /// /// 26 27 28 /// /// /// I 1 2 3 4 6 5l 7 a 9 10 I.1 12 13 14 I c 0 4. That the City Council authorizes the Mayor to exec the purchase and sale agreement and escrow instructions. PASSED, APPROVED AND ADOPTED at a regular meeting of the C day Council of the City of Carlsbad, California, held on the 2Znd August , 1989, and by the following vote, to wit: AYES: Council Members L NOES: None ABSENT: None ATTEST: a 2- g-.d?&- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 15 16 17 20 21 22 23, 24 25 26 27 28 i~ I ' ~ e a SUMMARY PURCHASE AND SALE AGREEMENT ( LAW PROPERTY) SELLER: Ran-Wil Development Company BUYER: City of Carlsbad PRICE: $660,000 Escrow Holder: Spring Mountain Escrow Corporation 2725 Jefferson Street Carlsbad, CA 92008 Escrow Close: On or before September 14, 1989 Seller Escrow Costs Buyer Escrow Fees 100% 0% Title Insurance Policy 100% 0% 100% Documentation Transfer Tax 0% Recording Fees 100% 0% Other Escrow Costs 50% 50% Environmental Site Assessment: YES - BUYER COST Hazardous Material Removal: YES - SELLER COST Estimated Total Costs: $667 , 000 including Escrow Cos' EXHIBIT 2 e e L PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (Law Property) BETWEEN RAN-WIL DEVELOPMENT AND THE CITY OF CARLSBAD August 16, 1989 0 0 TABLE OF CONTENTS Paqc 1 . Agreement of Sale/Price ................ 1 2 . Escrow ........................ 2 3 . Closingcosts ..................... 3 4 . Environmental Site Assessment ............. 3 5 . Hazardous Materials Removal .............. 4 6 . Title ......................... 5 7 . Commissions ...................... 6 8 . Attorney's Fees .................... 6 9 . Notices ........................ 7 10 . Entire Agreement - Amendments ............. 7 11 . Successors ...................... 8 12 . Assignment ....................... 8 13 . Choice of Laws ..................... 8 14 . Waiver of Covenant, Condition, or Remedy ........ 8 15 . Interpretation of Agreement .............. 8 16 . Partnership ...................... 9 17 . Survival ........................ 9 18 . Time .......................... 9 a 0 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (Law Property) This Agreement is made as of the 23A day of ~~UGCIST 19=, by and between RAN-WIL DEVELOPMENT, a California generz partnership (llSellerl') and THE CITY OF CARLSBAD, California, municipal corporation ( I1Buyerl1) . - R E C IT A _L S.: A. Seller is the Owner of that certain parcel of re: property (the ltPropertyll) in the County of San Diego, State ( California, described in Exhibit A attached hereto and by th: reference incorporated herein, consisting of 1.98 gross acres ( land. B. Buyer desires to purchase the Property to provic for additional parking for City Hall and Library purposes and otht municipal purposes as may be desireable in the future. C. The parties now desire to enter into an agreemei whereby Seller shall agree to sell and Buyer shall agree to buy tl Property on the terms and conditions set forth herein. NOW, THEREFORE, Seller and Buyer hereby agree as follow: 1. Asreement of Sale/Price Seller hereby agrees to sell and Buyer hereby agrec 1 m to buy the Property for six hundred and sixty thousand ($660,000 The purchase price shall be paid by deposit of such sum into tl escrow described in Paragraph 2 hereof in time to permit tl closing thereof at the scheduled closing date. In no event sha said sum be deposited later than two (2) working days prior to t: close of escrow. 2. Escrow. (a) Within three (3) business days after t execution of this Agreement by both parties, a signed copy of th Agreement shall be deposited by Seller with the Spring Mounta Escrow Corporation ( ntEscrow Holdernn) (Attn. Lynne Riemer, Escr Officer), 2725 Jefferson Street, Carlsbad, CA 92008. in order to open an escrow to complete the purchase and sale here contemplated. Reference herein to the opening of escrow shall me the date that a copy of this Agreement is deposited with Escr Holder. By such deposit, Escrow Holder is hereby authorized a instructed to act in accordance with the provisions of th Agreement, which Agreement, together with Escrow Holder's standa general provisions which are attached hereto as Exhibit B and this reference are incorporated herein, shall constitute Escr Holder's escrow instructions. Seller and Buyer shall each depos such other instruments and funds as are necessary to close t Escrow and complete the sale and purchase of the Property accordance with the terms hereof. (b) This escrow is scheduled to close on or befo Time is specifically a matter of essence Wi September 14, 1989. 2 e W respect to the closing and, notwithstanding anything to th contrary in the printed escrow instructions incorporated in thi Agreement, the closing date may not be extended except by mutue consent of the parties. (c) Buyer shall have the option, which shall k exercised on or before August, 1989 to terminate this Agreement ar all of its obligations incurred in connection herewith withoL liability of any kind, except that if Buyer should elect t exercise its option to terminate, Buyer shall pay all costs t terminate the escrow. 3. Closincr Costs. Closing costs shall be borne by tl Buyer and Seller as follows: BUYER SELLER Escrow Fees 100% 0% Title Insurance Policy 100% 0% Documentary Transfer Tax 0% 100% Recording Fees 100% 0% Other Closing Costs 50% 50% Property taxes will be prorated to the date of the close of escrc and Seller will be responsible for paying for all delinquent a1 non-delinquent property taxes. Buyer will take the steps requirc to cancel property taxes after the date of the close of escrow. 4. Environmental Site Assessment. Buyer shall obtain an environmental site assessme1 of the Property to determine if any hazardous materia: contamination has occurred. For purposes of this Sectioi "Hazardous Materials" shall mean any oil, flammable explosive! asbestos, urea formaldehyde insulation, radioactive material! 3 e 0 hazardous wastes, toxic or contaminated substances or simil: materials, including, without limitation, any substances which a Ithazardous substancesll , "hazardous wastes", "hazardous material, or lltoxic substancest1 under the Comprehensive Environmentl Response, Compensation and Liability Act of 1980, as amended, U.S.C. 9601, et seq., the Hazardous Materials Transportion Ac 49 U.S.C. 1801, et seq., the Resource Conservation and Recove Act, 42 U.S.C. 6901, et sea., Sections 25117 and 25316 of t California Health & Safety Code, or any other applicab environmental law, ordinance or regulation. Should such site assessment indicate th contamination by hazardous materials, as defined, is present on t Property, Buyer shall, within five (5) days of receipt of the si assessment, notify Seller to perform pursuant to Section 5 of th Agreement. 5. Hazardous Materials Removal. Upon notification pursuant to Section 4 of th Agreement, Seller shall be solely responsible for removal elimination of the hazardous material contamination identified the site assessment, pursuant to all applicable federal, state a local laws, regulations, ordinances and rules. The Seller here agrees to indemnify and hold the Buyer harmless from and again all costs of so removing such contaminations and restoring t Property. The Seller hereby further agrees to indemnify a hold the Buyer harmless from and against, any losses, damage 4 a e liabilities, C.hiRK, aCtiOn3, judgements, court costs and legal c other expenses (including attorneys' fees) which the Buyer mc incur as a direct or indirect consequence of the use, generatior manufacture, disposal, threatened disposal, transportation c presence of "Hazardous Materials" (as hereinafter defined) in, 01 under or about the Property. 6. Title. (a) Attached hereto as Exhibit C and by thi reference incorporated herein is Lawyers Title Insuranc Corporation's Litigation Guarantee number 78-00002-471, datc February 13, 1989, which covers the Property. Seller has agrec to convey title to the Property to Buyer and Buyer agrees to accep title from Seller subject only to exceptions numbered two (2) three (3), four (4) and six (6) set forth in said litigatio guarantee which affect the Property, which consist of road an utility easements, only. All other exceptions in said Litigatic Guarantee must be eliminated prior to close of escrow. Immediate1 after the opening of escrow, Seller shall obtain a curren preliminary title report from Continental Land Title Compan showing the current state of title to the Property. Buyer shall have the right to disapprov any exception shown on such report that is not shown on the repor attached hereto as Exhibit C. In the event that Buyer objects t any such additional exceptions and Seller is unable to eliminat such exceptions, Buyer shall have the right either to waive its objection to such exceptions and close the escrow subject to SUC 5 e w add:k:onal exceptions or to terminate the escrow and all of i- liabilities hereunder. (b) At the closing, Seller shall deposit into tl escrow a Grant Deed fully executed and in recordable form sufficient to convey to Buyer fee title to the Property. Said del shall recite that title is conveyed subject to only those lien leases, easements, encumbrances, covenants, conditions ai restriction and other matters of record set forth in subparagra] 6(a) above or which may be approved by Buyer in accordance wil subparagraph 6(a) above. (c) At the close of escrow and as a conditic thereto, Continental Land Title Company shall agree to issue a CL' Standard Coverage Owner's Policy of Title Insurance, with liabilil in the amount of the purchase price for the property, showing tit: to the Property vested in Buyer or its designee, subject only t the exceptions approved by Buyer pursuant to subparagraph 4(2 above and to the non-delinquent real property taxes, speciz assessments and reservation of easements referred to j subparagraph 4(b) above. 7. Commissions. Buyer and Seller each represent 1 the other that they have not entered into any agreement or incurrc any obligation which might result in the obligation of the othc party to pay a sales or brokerage commission or finder's fee c this transaction and agree to indemnify, defend and hold each othc harmless in the event such representations shall prove to k untrue. 6 0 W 8. Attornev's Fees. In the event of any actio between Buyer and Seller seeking enforcement of any of the tern and conditions of this Agreement, or in connection with th Property, the prevailing party in such action shall be awarded, i addition to damages, injunctive or other relief, its reasonabl costs and expenses, including reasonable attorney's fees. 9. Notices. All notices under this Agreement shall t effective upon personal delivery to Seller, Buyer or Escrow Holder as the case may be, or two business days after deposit in the United States mail, registered or certified mail, postage ful prepaid and addressed to the respective parties as follows: To Seller: Ran-Wil Development 841 E. Rancheros Road Suite D San Marcos, CA 92069 To Buyer: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: City Manager Copy To: City Attorney Utilities & Maintenance Directc To Escrow Holder: Spring Mountain Escrow Corporatior 2725 Jefferson Street Carlsbad, CA 92008 ATTN: Lynne Riemer Escrow Officer or to such other address as the parties may from time to tin designate in writing. 10. Entire Aareement - Amendments. This Agreemer and the items incorporated herein contain all of the agreements c the parties hereto with respect to the matters contained hereir and no prior agreement or understanding pertaining to any SUC matter shall be effective for any purposes. No provisions of thj 7 0 Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorize officers of each of the parties hereto, except that ar modifications which relate to the adjustment of time limitatior (except the closing date) or to the form of documents may be mac by legal counsel to the parties. 11. Successors. The terms, covenants and conditio1 of the Agreement shall be binding upon and shall inure to tl benefit of the heirs, executors, administrators and assigns of tl respective parties hereto. 12. Assianment. Buyer may not assign its righi hereunder without the prior written consent of Seller. 13. Choice of Laws. This Agreement shall be governt by the laws of the State of California and any question arisii hereunder shall be construed or determined according to such la\ 14. Waiver of Covenant, Condition. or Remedy. Th waiver by one party of the performance of any covenant, conditio] or promise shall not invalidate this Agreement nor shall it I considered a waiver by him of any other covenant, condition, ( promise. The waiver by either or both parties of the time fc performing any act shall not constitute a waiver of the time fc performing any other act or an identical act required to 1 performed at a later time. The exercise of any remedy provided this agreement shall not be a waiver of any consistent remet provided by law, and the provision in this Agreement for any remel shall not exclude other consistent remedies unless they a expressly excluded. 8 a W 15. Internretation of Asreement. This Agreement shal be construed as a whole and in accordance with its fair meaninc Captions and organization are for convenience and shall not be US( in construing meaning. The language of this Agreement shall nc be construed for or against either party. 16. Partnership. Seller warrants and represents thi it is a general partnership organized and existing under the la1 of the State of California, having its principal place of busine: in the County of San Diego, California; William R. Brietzman ai Randy P. Marino are general partners authorized to execute th Agreement on behalf of Seller, and that the statement ( partnership was recorded on October 14, 1985 as Document No. 8 379822 of San Diego Official Records, Office of County Recorde, San Diego County. 17. Survival. This Agreement shall survive the close c escrow and shall remain a binding contract between the partic hereto. 18. Time. Time is of the essence of this Agreemen' it being understood that each date set forth herein and t: obligations of the parties to be satisfied by such date have be the subject of specific negotiation by the parties. 9 0 W IN WITNESS WHEREOF, Buyer and Seller have executed thi Agreement as of the date first above written. RAN-W I L DEVELOPMENT By WILLIAM R. BRIETZMAN General Partner ATTEST : By RANDY P. MARINO General Partner 7 /- I I/ .- ,, ,’ By, l f- / - /I General Partnc 10 0 w EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 of Parcel Map No. 15282 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, June 30, 1988 as File/Page No. 88-317307 of Official Records. F. ,, 0 W;;; GENERAL PROVISIONS 1. IT IS MUTUALLY UNDERSTOOD AND AGREED 6Y ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVER, 2. The close of escrow shall be the day documents deposited in thts escrow are recorded. 3. If the conditlons of this escrow have not been complied with at the time provided for in these instructlc 4. nevefth6le~6 to complete this. Bscrow as soon a3 the conditions (except as to tlme) have been complied wlth, unlr 5. demand for the return of money and/or instruments by a party to thls escrow is received by you prior to the reo 6. instrument Rrovlded for in these Instructions. 7. No notice, demand, or change of instructions shall be of any effect unless glven to you in writing and approved 8. all parties affected by the same. 9, If, before or alter recording documents, you receive or become aware of any conflicting demands or ciain IO. "conflict") wlth respect to tnl6 escrow, the rlghts or obligations of any of the parties or any money or property 11. affected, you shall have the right todlecontinuefurther performanceon your part until theconfltct is resolved to your 13. of the conflict. A COnfllCt 6ha11 be deemed to be your recelpt of unileteral instructions or mutual instructions from 81 14. all of the parties to this eBcrow. 15. Should any COntrOVerSy arise between the parties to this escrow or with any third person. you shall not be liat 16, action Of any kind, but may withhold all moneys, securities, documents or other thlngs deposited into escrl 17. controversy has been determined by agreement of the partles or by legal process, 18. In the event any action is commenced to determine a confllct or otherwise to enforce or declare the Provi! 19. instructions or to rescind them Including, but not limited to: a sult In interpleader, whether or not the action is pros 20. Judgment. voluntarlly dismissed or settled, and irrespective of whether you are the prevalling party in any such 21. becomes necessary or desirable for you to obtain legal sdvice with respect to a conflict or on account of any n 22. arising out of or in any way related to these instructlons, whether or not suit is actually commenced, the parties 23. jointty and severally agree to pay all of your costs. damages, judgments and expenses, including attorneys' fees. ir 24. in connection wi?h the same. 25. It Is understood that the fees agreed to be paid for your services are for ordinary and usual services only, and 8 26. any extraordlnary or unusual services rendered by you, the undersigned agree to pay reasonabie compensation 1 27. extraordinary or unusual services, together with any co6ts and expenses which may be incurred by you in conn 28. same; 8nd you are hereby given 8 lien upon all documents, moneysand securities deposited In this escrow untll yo 29. compensated or reimbursed. It is understood that in the event thisescrow is cancelled, you will receive compen 30. services as you have rendered in connection with thls escrow. 31. Escrow holder shall not be held liable for sufficiency or correctneSs a5 to form, mlnner or execution or 32. document deposited tnto escrow. nor as to the identity, authority, or rights of any person execullng them, nor for 34 these instructions. The duties of escrow holder shall be limited 10 the safekeeping of money, instruments or 011 35. received by escrow holder and for the dispositlon of them in accordance with the written instruclionseccepted by 36. The knowledge of escrow holder of matters affecting the propeny, provided such factsdo not prevent complil 37. instructions. does not create any liability or duty in addition to the responsibillty of escrow holder under thes 38. Escrow holder shall not be obligated to make any physical examination of any real or personal property de 39. document deposited lnto this escrow. The parties agree escrow holder Is not making any representationswhatsI 40. said property. 41, Escrow holder shall be under no obllgatlon or liability for failure to inform the parties to th16 escrow regardin( 42. exchange, or other transaction of facts within the knowledge of escrow holder concerning the herein described prc 43. it does not prevent escrow holder's cornpllance with these Instructions. 4.4. Escrow holder shall not be concerned wlrh giving any disclosures required by federal or State law. includin 45. to, any disclosures required under Re ulation Zpursuant to the Federal Consumer Credit Protection Act. the effe 46. laws, ordinances or regulations affec B Ing any other property described in this escrow. The undersigned joint 47. agree to indemnify and hold escrow holder harmleas by reason of any mtsrepresentalion or omission by eith 48. respective agents or the failure of the partiee to this escrow to comply with the rules and/or regulations of 8n 49. agency. State, federal, county, municipal or otherwise. Parties to this escrow have sarlsfied themselves outslde 50. transaction is not in violallon of the Subdivision Map Act or any other law relating to land division. and escrow hd, 51 all responsibility and/or liabllity in connection with the same and Is not to be concerned with the enforcemei 52. You are authorlzed and instructed to utilize the services of a sub-escrow agent, within the scope of Sectior 53, Californla Administrative Code, as a depository for funds and/or documents prior to close of escrow. if nece 54. Escrow is authorized and instrucbd to furnlsh information from thia eacrow to lenders endlor broFerz 83 r 55. by them, including, but Rot limited lo copies of 811 lnstructions and closing statements in thia escroy. Escrow 56. accept funds deposited to our account by our broker or agent without further authorization. 57. All deposits m8de by the parties to thls escrow shall be deposited by escrow holder in an account design 58. Trust Account" with any local bank, without any liebility for Interest. All disbursements shall be made by check 59. drawn on aald account. Escrow holder shall not be obligated to Identify or to guarantee the signature of an 60. checks. All documents and checks in favor of the partles shall be rnalled, unregistered, totheaddresses of the ri 81. set forth in these instructions. 62. These instructions may be executed in counterparts, each shall be deemed an original regardless of the da 63. dellvered, and said counterparts shall constitute one and the same InStWment. 64. The signature of the undersigned hereon and on anydocument(s) and instrument(s) pertaining to thisescrc 65. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge receipt of 66. instructions. 67, co EXHIBIT 12. In addition, you shall have the right to commence or defend any action or proceeding you deem necessary for the de 33. party to !hi8 81crow to comply with any a! the provigions of any agm3nent, contract or other Instrument filed Q W * m-ImTIm GUARANTEE 00 Guarantee No. 78-00 lau)yers Ttle Insurance Corporation a Virginia corporation. herein called the Company, SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE LIMITS OF LIABILITY AYD OTHE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PAR OF THIS GUARANTEE, the Company. for the fee paid for this Guarantee. the nu er. amount and effecti! date of which are shown herein. hereby Guarantee the parties herein called the Assured. against loss not exceedir the liability amount stated herein which the Assured shall sustain by r any inc rrectness in the assuranc which the Company hereby gives that. according to the public ords. on e ectit date stated herein. on I. The title to the herein described estate or in rest was vested in t e Exceptions herein. which , ceptions e ot necessarily show i the order of their priority: ee named. subje to the matters shot\ n I qq IS U'ITSESS WHEREOF. the Company has caused this Guarantee to be signed and sealed. to be valid it he countersigned by an authorized officer or agent of the Company. all in accordance with its By-Lau\. *-....,, a-bt f ,.l~''''.l ,usus,;. 1 kwyers Ttle lnsurance @rpvrati di :. - . - '.. .. c r, 14.; *.:I ig iSE&fii:j f P *.. 1 y t I ..: $1 y> 1.. , , . , . . . ...' +o',. '\,:t."wo ''1 h- Attest: ;&e 1,- Presidt Countersigned by: Copy of policy, no additional liability assumed Lp4J-A Authorized Officer or Agent Secret; I '1'+"'"" tSU.6,.4l,IL., I It( t1W11, '* Kc; im. ~.l~ll.l""ll rn W LA I ~unc LUII uunnnii~ LL EFFECTIVE DATE; FEBRUARY 13, 1989 AT 8;OO A.M. GUARANTEE NUMBER : 78-00-002-471 ORDER NUMBER: 133731-05 LIABILITY: $10,000 00 PREMIUM : $400 00 YOUR REFERENCE: WILDER & LAW ASSURED : THE CITY OF CARLSBAD THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED COVERED BY THIS GUARANTEE IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GENA LAW WILDER AND GARY H. LAW, AS TENANTS IN COMMON THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF C, NIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS; PARCEL 1 OF PARCEL MAP NO. 15282 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO COUNTY, JUNE 30, 1988 AS FILE/PAGE NO. 88-317307 OF OFFICI DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE'COUNTY RECORD RECORDS- 0 W 1 ORDER NO: 133/31-U> . THE TITLE TO SAID ESTATE OR INTEREST IS SUBJECT TO THE FOLLOWING EXCEPTIONS: 1. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO TI VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REV[ AND TAXATION CODE, OF THE STATE OF CALIFORNIA. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO PURPOSE : PUBLIC ROAD RECORDED: SEPTEMBER 23, 1939 IN BOOK 943, PAGE 370 01 2. OFFICIAL RECORDS AFFECTS: ROAD SURVEY 815 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN D STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIM SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENA AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL AS SET FORTH IN A DOCUMENT 3. PURPOSE : FOR TELEPHONE AND/OR ELECTRIC POLES AND LI AND FOR SEWER, WATER, AND/OR GAS MAINS AND TOGETHER WITH THE RIGHT TO ENTER ON SAID P FOR PURPOSES OF CONSTRUCTION, RECONSTRUCT1 LINES IN, UNDER, OVER AND ACROSS SAID PROP REPAIRING, AND/OR ALTERING ANY OF THE SAME VIDED HOWEVER, SUCH POLES, LINES OR PIPES BE SO LOCATED AS TO INTERFERE WITH THE PRO AS LITTLE AS POSSIBLE RECORDED : JUNE 13, 1942 IN BOOK 1356, PAGE 302 OF OF RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSE RECORD= 4. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTIC BY AND BETWEEN: SECURITY PACIFIC NATIONAL BANK, BANK OF AP NATIONAL BANKING ASSOCIATION AS TRUSTEE OF NO. 44-5-01188-0 FOR LYN M. LAW, ALSO KNOb BAD, A MUNICIPAL CORPORATION OF THE STATE CALIFORNIA REGARDING: AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CARLSBAD FOR THE PAYMENT OF A PUBLIC FACIL FEE RECORDED: JULY 18, 1986 AS FILEIPAGE NO. 86-298177 ( CIAL RECORDS DATED: JUNE 17, 1986 NATIONAL TRUST AND SAVINGS ASSOCIATION, A OPAL V. LAW, A CORPORATION AND THE CITY OF a w ORDER NO: 155/51-05 EXCEPTIONS CONTINUED: 5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BE AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $51,136.96 DATED: SEPTEMBER 12, 1988 TRUSTOR : GENA LAW WILDER, A MARRIED WOMAN, AS HER SOL SEPARATE PROPERTY AND GARY H. LAW, A MARRIEI AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, CALIFORNIA CORPORATION BENEFICIARY: LEVONE A- AS TRUSTEE FOR THE BENEFI' THE LEVONE A. YARDUM LAW CORPORATION QEFINEl YARDUM, BENEFIT PENSION PLAN OFFICIAL RECORDS RECORDED : SEPTEMBER 22, 1988 AS FILE/PAGE NO. 88-4809; AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT 6. GRANTED TO: PAUL J* SCHMITT AND JANETTE L- SCHMITT, HUS BAND AND WIFE, AS JOINT TENANTS AS TO AN UNDIVIDED 50% INTEREST AND MARIA J. SCHMITT SEPARATE PROPERTY, AS TO AN UNDIVIDED 50% HUNNICUTT, A MARRIED WOMAN, AS HER SOLE AND INTEREST, ALL AS TENANTS IN COMMON PURPOSE : PRIVATE SEWER LINE RECORDED : DECEMBER 1, 1988 AS FILE/PAGE NO. 88-613693 OF OFFICIAL RECORDS AFFECTS : OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 1 OF SAID PARCEL MAP NO. 15282, LYING WITHIN THE AREA DELINEATED AND DESIGNATED THEREON AS "PROPOSED 10' PRIVATE SEWER EASEMENT RESERVED FOR PARCEL 2." NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PU AND THE AMOUNTS ARE' 1ST INSTALLMENT: $371.48 PAID FISCAL YEAR 1988 - is89 PENALTY: $NONE 2ND INSTALLMENT : $371.48 PAID PENALTY: $NONE EXEMPTION: $NONE LAND: $64,574.00 IMPROVEMENTS: $4,583.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 156-190-13 AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND* a w t UKUtK NU : 1231 JI'U3 ' SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR 3, 4, AND 6 TO BE MADE DEFENDENTS IN AN ACTION TO CONDEMN AN INTEREST IN SAID LAND TO BE BROUGHT BY: THE CITY OF CARLSBAD AS PLAINTIFF, ARE AS FOLLONS: 1. GENA LAW WILDER, AS OWNER 4161 NAGLE AVENUE INTEREST BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED 1, 2, SHERMAN OAKS, CA 91423 2. GARY H- LAW, AS OWNER 324 31~~ STREET, MANHATTAN BEACH, CA 90266 3. LEVONE A. YARDUM, AS TRUSTEE FOR THE BENEFIT OF THE LEVONE A. YARDUM LAW CORPORATION DEFINED BENEFIT PENSION PLAN, AS BENEFICIARY 15915 VENTURA BLVD, STE P-1 ENCINO, CA 91436 t 7. .*. , . ,I . .,. .- .. .. .,._. --...*-, .-..-,_ . ... - .I ."._ r . --- - .I .-- . - I. . - ' e. . * . ._. 1 -- a w \* '1 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS Guarantee or. if this Guarantee is issued for the benefit ( mortgage. the Company shall have the option to purchase t secured by said mortgage. Such purchase. payment or tendi the full amount of the Guarantee shall terminate all Company hereunder. In the event after notice of claim has t Company by the Assured the Company offers to purchasi ness. the owner of such indebtedness shall transfer a indebtedness and the mortgage securing the same to the The following terms when used in this Guarantee mean: (a) "land-: the land described specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; -public records": those records which impart constructive notice of matters relating to said land; -the Assured: the party or parties named as the Assured in this Guarantee. or in a supplemental writing executed by the Company: "mortgage": mortgage. deed of trust. trust deed. or other security instrument. (b) (c) -date": the effective date: payment of the purchase price. (d) (e) 6, L~~~T~TIO~ OF L~~B~L[~~ - pAYMENT oF Loss (a) The liability of the Company under this Guarantee sb the amount of actual loss sustained by the Assured be upon the assurances herein set forth. but in no event s (b) The Company will pay all costs imposed upon litigation carried on by the Company for the Assui and attorney's fees in litigation carried on by the , written authorization of the Company. NO claim for damages shall arise or be maintaii Guarantee (I) if the Company after having receis alleged defect. lien or encumbrance not shown as excluded herein removes such defect. lien or encur reasonable time after receipt of such notice. or voluntarily assumed by the Assured in settling a without written consent of the Company. All payments under this Guarantee. except for a provided for in paragraph 6(b) hereof. shall reduce i liability hereunder pro tanto. and no payment shall producing this Guarantee for indorsement ofsuch p; Guarantee be lost or destroyed. in which case pro( destruction shall be furnished to the satisfaction o When liability has been definitely fixed in accc conditions of this Guarantee. the loss or damage exceed the amount of the liability stared on [he fac 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the lo I Io w in g: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real propeny or by the public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights. claims or title to water. Title to any propeny beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets. roads. avenues. lanes. ways or waterways on which such Land abuts. or the right to maintain therein vaults. tunnels. ramps or any other structure or improvement; or any rights or casements therein unless such property. rights or easements areexpressly and specifically set forth in said description. Defms. liens. encumbranccs. adverse claims against the title as guaranteed or other matters (I) created. suffered. assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. within thirty days thereafter. (c) (b) (c) (d) (d) (e) 3. PROSECUTION OF ACTIONS 7. SUBROGATION UPON PAYMENT (a) The Company shall have the right at its own cost to insritute and prosecute any action or proceeding or do any other act which in its opinion mav be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appro- priate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thercby concede liability or waive any provision hereof. In all cases where the Company does so institute and prosecute any actlon or proceeding, the Assured shall pcrmit the Company to use. at its option. the name of the Assured for such purpose. Whenever requested by the Company. the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding and the Company shall reimburse the Assured for any expense so incurred. Whenever rhe Company shall have settled a claim under right of subrogation shall vest in the Company unaffecte Assured. and it shall be subrogated to and be cntitlcc remedies which the Assured would have had against any I in respect to such claim had this Guarantee not been issu does not cover the loss of the Assured. the Company sha such rights and remedies in the proportion which said pa amount of said loss. The Assured if requested by th transfer to the Company all rights and remedies agai property necessary in order to perfect such right or sub1 permit the Company to use the name of the Assured in litigation involving such rights or remedies. (b) 8. GUARANTEE ENTIRE CONTRACT 4. NOTICE OF LOSS - LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss ordamageshall have been determined. and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished. and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnishsuchstatement of loss or damageor to commence such actlon within the time hcrcinbcfore spccificd. shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. OPTION TO PAY. SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee. or to pay the full amount of this Any action or actions or rights of action that the Assure bring against the Company arising out of the subject m; based on the provisions of this Guarantee. No provision or conditon of this Guarantee can be except by a writing endorsed or attached hereto signed Vice President. the Secretary. an Assistant Secretar! officer of the Company. 9. NOTICES, WHERE SENT All noticcs rcquircd to bc given the Company and any s required to be furnished the Company shall be addi Office. P.O. Box 27567. Richmond, Virginia 23261. or Office. 60 Universal City Plaza. Universal City. Califor office which issued this guarantee. The fee specified on the face of this Guarantee 15 the tot and examination and for this Guarantee. 5. 10.