HomeMy WebLinkAbout1990-10-09; City Council; 10860; ACQUISITION OF ASSESSORS PARCEL NO. 168-020-17 LOCATED IN THE LAKE CALAVERA GOLF COURSE AREAWILL GIIWt LAnLDDHU - HUENU
UISITION OF ASSESSORS PARCEL
acquire assessor's parcel number 168-020-1 7.
ITEM WLANATION;
On August 15, 1989, the City Council was advised by staff that a small
parcel of land within the City's Lake Calavera ownership was privately
owned and that the parcel was required for the proposed golf course. The
Council authorized staff to obtain an appraisal of the subject property and
to enter into negotiations to acquire the parcel. Subsequent to the
Council's action staff contracted with Fuller & Associates, of Carlsbad, to
appraise the value of the property. The appraiser determined that the estimated fair market value of the parcel was $15,500. The date of value
was November 1, 1989.
After review of the appraisal, staff extended a formal written offer to
purchase the property to the owner, Mrs. Adelina L. Alvarado, for the sum
of $15,500. Negotiations were undertaken but have proceeded slowly,
principally because of Mrs. Alvarado's age (96). Also, Mrs. Alvarado was
reluctant to sell, as the property has historical significance for her family.
The property is a portion of the original Rancho Agua Hedionda Land
Grant and Mrs. Alvarado is a direct descendent of the Marron family, the
original recipients of the Land Grant. After many discussions, Mrs.
Alvarado has responded to the City's offer and has offered to sell the
property for $20,000, plus closing costs estimated to be $2,500.
The price requested by Mrs. Alvarado, while approximately $7,500 higher
than the estimated value, is considered reasonable, especially in view of
the time that has elapsed since the appraisal date. Additionally the cost
of condemnation, which could range between $10,000 and $15,000, is
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In addition, Mrs. Alvarado has requested that the City place a bronze
placque somewhere on the property to commemorate the Rancho Agua
Hedionda and the Marron family. Staff agrees that such an effort would
be appropriate and are prepared to work with Mrs. Alvarado and the
Carlsbad Historical Society to create an appropriate placque.
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FISCAL IMPACT:
Cost to acquire the parcel is estimated to be $22,500, including closing
costs. The cost to create the bronze placque should not exceed $500.
Funds are available for this project in Fund No. 572-820-1890-3072.
EXHIBITS;
1. Resolution No. '7~ -1 t L
2. Summary, Acquisition Agreement and Escrow Instructions
3. Property plat
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RESOLUTION NO.%- 3 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD. CALIFORNIA, APPROVING
THE PURCHASE OF ASSESSORS
PARCEL NO. 168-020-17
WHEREAS) the City Council of the City of Carlsbad directed
staff to begin negotiations for assessors Parcel No. 168-020-17 on August 15,
1989; and
WHEREAS, the appraisal from Fuller & Associates estimated the value
of the property at $15,500; and
WHEREAS, the owners of the parcel have agreed to sell the parcel to
the City for the sum of $20,000 and closing costs; and
WHEREAS) the owners price appears to be appropriate in view of the
time that has elapsed since the appraisal date; and
WHEREAS, the City has sufficient funds in account number 572-820-
1890-3072 to pay for this purchase.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
j of Carlsbad as follows:
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That the above recitations are true and correct.
That the price of the property is fair and equitable.
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3. That the City Council authorizes the Mayor to execute the
acquisition agreement and escrow instructions and other documents related
to the purchase of assessors parcel no. 168-020-17.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the =day of Oct- , 1990, by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettj
NOES: None
ABSENT: None
ATTEST:
-%I 6!!LZ&L dKa ALETHA L. RAUTENKRANZ, City erk
I
(SEAL)
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SUMMARY
ACQUISITION AGREEMENT AND ESCROW INSTRUCTIONS
PROJECT: Carlsbad Municipal Golf Course: Lake Calavera
OWNER: Adelina L. Alvarado
PARCEL: Assessor Parcel No. 168-020-1 7
Zone: 0-S Open Space
Size: 1.28 acres
PRICE: $20,000
ESCROW HOLDER: Spring Mountain Escrow Corp.
Carlsbad, CA
Escrow Close: ASAP
Escrow Costs: City pays all escrow/closing cost
estimated to be $2,500
ESTIMATED TOTAL COST: $22,500
EXHIBIT 2
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ACQUISITION AGREEMENT
AND ESCROW INSTRUCTIONS
(Alvarado Property)
BETWEEN
ADELINA L. ALVARADO
AND
THE CITY OF CARLSBAD
July 31,1990
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TABLE OF CONTENTS
Paqe
1 . Agreement of Sale/Price ................ 1
2 . Escrow ........................ 2
3 . Closingcosts ..................... 3
4 . Title ......................... 4
5 . Commissions ...................... 5
6 . Attorney's Fees .................... 5
7 . Notices ........................ 5
8 . Entire Agreement - Amendments .............. 6
9 . Successors ...................... 6
10 . Assignment ....................... 6
11 . Choice of Laws ...................... 6
12 . Waiver of Covenant. Condition. or Remedy ........ 6
13 . Interpretation of Agreement .............. 7
14 . Survival ........................ 7
15 . Time .......................... 7
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ACQUISITION AGREEMENT
AND ESCROW INSTRUCTIONS
(Alvarado Property)
This Agreement is made as of the day of
19-, by and between ADELINA L. ALVARADO (llSellerll) and THE CI':
OF CARLSBAD, California, a municipal corporation (llBuyerll) .
- R E C IT A L S:
A. Seller is the Owner of that certain parcel of rei
property (the llPropertyll) in the County of San Diego, State (
California, described in Exhibit A attached hereto and by th
reference incorporated herein, consisting of 1.28+ acres of vacan
unimproved land.
B. Buyer desires to acquire the Property to allow t
design and construction of a municipal golf course and 0th
municipal purposes.
C. The parties, in recognition of the foregoing and t
CITY'S power of eminent domain, desire to enter into an agreeme
whereby Seller shall agree to sell and Buyer shall agree to buy t
Property on the terms and conditions set forth herein.
NOW, THEREFORE, Seller and Buyer hereby agree as follok
1. Agreement of Sale/Price
Seller hereby agrees to sell and Buyer hereby agrc
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to buy the Property for TWENTY THOUSAND DOLLARS ($20,000). Thl
purchase price shall be paid by deposit of such sum into the escro
described in Paragraph 2 hereof in time to permit the closin
thereof at the scheduled closing date. In no event shall said su
be deposited later than two (2) working days prior to the close o
escrow.
2. Escrow.
(a) Within three (3) business days after th
execution of this Agreement by both parties, a signed copy of thi
Agreement shall be deposited by Seller with the Spring Mounta:
Escrow Corporation ("Escrow Holder") (Attn. Billie Schafer, Escrc
Officer), 785 Grand Avenue, Suite 101, Carlsbad, CA 92008, to opt
an escrow to complete the purchase and sale herein contemplatet
Reference herein to the opening of escrow shall mean the date thi
a copy of this Agreement is deposited with Escrow Holder. By suc
deposit, Escrow Holder is hereby authorized and instructed to a
in accordance with the provisions of this Agreement, whi
Agreement, together with Escrow Holder's standard gener
provisions which are attached hereto as Exhibit B and by th
reference are incorporated herein, shall constitute Escrow Holder
escrow instructions.
other instruments and funds as are necessary to close the EscY
and complete the sale and purchase of the Property in accordar
with the terms hereof.
Seller and Buyer shall each deposit such
(b) This escrow is scheduled to close on or befc
August 31, 1990. Time is specifically a matter of essence wi
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respect to the closing and, notwithstanding anything to the
contrary in the printed escrow instructions incorporated in thi
Agreement, the closing date may not be extended except by mutuz
consent of the parties.
(c) Buyer shall have the option, which shall 1
exercised on or before August 17, 1990 to terminate this Agreemex
and all of its obligations incurred in connection herewith withoi
liability of any kind, except that if Buyer should elect 1
exercise its option to terminate, Buyer shall pay all costs 1
terminate the escrow and legal fees incurred by SELLER.
3. Closinq 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 100% 0%
Recording Fees 100% 0%
Other Closing Costs 100% 0%
Property taxes will be prorated to the date of the close of escr
and Seller will be responsible for payiqq for all delinquent a
non-delinquent property taxes. Buyer will take the steps requir
to cancel property taxes after the date of the close of escrow.
4. Title.
(a) Attached hereto as Exhibit C and by th
reference incorporated herein is Continental Land Title Compa
Preliminary Title Report number 138206-05, dated July 28, 19e
which covers the Property. Seller has agreed to convey title
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the Property to Buyer and Buyer agrees to accept title from Seller
subject only to exceptions numbered three (3) four (4) and five (5
set forth in said Preliminary Title Report which affect th
Property, which consist of a pipeline easement, amendments to
covenant and a note regarding access to the Property, only. A1
other exceptions in said Preliminary Title Report must b
eliminated prior to close of escrow. Immediately after the openin
of escrow, Buyer shall obtain a current preliminary title repor
from Continental Land Title Company showing the current state c
title to the Property. Buyer shall have the right to disapprok
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 it
objection to such exceptions and close the escrow subject to SUC
additional exceptions or to terminate the escrow and all of il
liabilities hereunder.
(b) At the closing, Seller shall deposit into tl
escrow a Grant Deed fully executed and in recordable foi
sufficient to convey to Buyer fee title to the Property. Said 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]
4(a) above or which may be approved by Buyer in accordance wi
subparagraph 4(a), above.
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(c) At the close of escrow and as a conditio
thereto, Continental Land Title Company shall agree to issue a CLT
Standard Coverage Owner's Policy of Title Insurance, with liabilit
in the amount of the purchase price for the property, showing tit1
to the Property vested in Buyer or kts designee, subject only t
the exceptions approved by Buyer pursuant to subparagraph 4 (i
above.
5. Commissions. Buyer and Seller each represent I
the other that they have not entered into any agreement or incurrt
any obligation which might result in the obligation of the oth(
party to pay a sales or brokerage commission or finder's fee (
this transaction and agree to indemnify, defend and hold each othc
harmless in the event such representations shall prove to 1
untrue.
6. Attorney's Fees. In the event of any actic
between Buyer and Seller seeking enforcement of any of the ten
and conditions of this Agreement, or in connection with t
Property, the prevailing party in such action shall be awarded,
addition to damages, injunctive or other relief, its reasanab
costs and expenses, including reasonable attorney's fees.
7. Notices. All notices under this Agreement shall
effective upon personal delivery to Seller, Buyer or Escrow Holde
as the case may be, or two business days after deposit in the
United States mail, registered or certified mail, postage fu
prepaid and addressed to the respective parties as follows:
To Seller: Adelina L. Alvarado
200 Olive Avenue--#2
Vista, CA 92083
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To Buyer: City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Manager
Copy To: City Attorney Utilities & Maintenance Directc
To Escrow Holder: Spring Mountain Escrow Corporatior
785 Grand Avenue, Suite 101
Carlsbad, CA 92008 ATTN: Billie Schafer
Escrow Officer
or to such other address as the parties may from time to ti1
designate in writing.
8. Entire Agreement - Amendments. This Agreement andtl
items incorporated herein contain all of the agreements of tl
parties hereto with respect to the matters contained herein, and 1
prior agreement or understanding pertaining to any such mattr
shall be effective for any purposes. No provisions of th
Agreement may be amended or modified in any manner whatsoever
except by an agreement in writing signed by duly authoriz
representatives of each of the parties hereto, except that a
modifications which relate to the adjustment of time limitatio
(except the closing date) or to the form of documents may be ma
by legal counsel to the parties.
9. Successors. The terms, covenants and conditio
of the Agreement shall be binding upon and shall inure to t
benefit of the heirs, executors, administrators and assigns of t
respective parties hereto.
10. Assiqnment. Buyer may not assign its righ
hereunder without the prior written consent of Seller.
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11. Choice of Laws. This Agreement shall be governc
by the laws of the State of California and any question arisir
hereunder shall be construed or determined according to such la1
12. Waiver of Covenant, Condition, or Remedv. Th
waiver by one party of the performance of any covenant, conditio]
or promise shall not invalidate this Agreement nor shall it 1
considered a waiver by him of any other covenant, condition, (
promise. The waiver by either or both parties of the time fc
performing any act shall not constitute a waiver of the time fc
performing any other act or an identical act required to 1
performed at a later time.
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.
The exercise of any remedy provided
13. Interpretation of Acfreement. This Agreement sha
be construed as a whole and in accordance with its fair meanin
Captions and organization are for convenience and shall not be us
in construing meaning.
construed for or against either party.
The language of this Agreement shall not
14. Survival. This Agreement shall survive the close
escrow and shall remain a binding contract between the parti
hereto.
15. 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.
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IN WITNESS WHEREOF, Buyer and Seller have executed thi
Agreement as of the date first above written.
ATTEST: ADELINA L. ALVARADO
kL 2, L&\. / L<& ldL,Tii J r: i b a ?.A
I Aletha L. Rautenkranz,
City Clerk
NOTARY PUBLIC. c
*, __IF. "
INCENT F. BIONDO, JR. 7. 30. yo.
City Attorney -_
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n;:s ,qfiJ -.- C;I$U$~ LO AT; J-bi-~
KC .FIY FUZLIC - CALL @X::.\
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LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 'ID" OF THE RANCHO AGUA HEDIONDA, IN THE COUNT'
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823,
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT NORTH QUARTER CORNER OF FRACTIONAL SECTION 35, TOWNSHIP
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE SOUTH OO"14'00" 1 2125.80 FEET ALONG NORTH AND SOUTH CENTER LINE OF SAID SECTION 35 ?ROI
WITHIN THE GRANT TO SOUTHEAST CClRNER OF THAT PARCEL OF LAND CONVEYED
CHEZTER GUNN AND ELIZABETH GUNN TO GEORGE L. GUNN AND CHESTER 0. GUNN
74'39'00'' WEST 819.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOU 18'27'00" EAST 267.00 FEET; THENCE SOUTH 54'42'40" WEST 308.62 FEET;
NORTH 20"~2'0~" WEST 263.96 FEET; THENCE NORTH 54"35'00" EAST 317.15
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF ABOVE DESCRIBED PARCEL LYING BETh
WESTERLY BOUNDARY THEREOF AND A LINE DRAWN PARALLEL WITH AND 100.00 F
MEASURED AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY BOUNDARY .
OEED RECORDED NOVEMBER 6, 1920 IN BOOK 329, PAGE 314 OF DEEDS; THENCE
EXHI BIT I' A"
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GENERAL PROVISIONS
T IS MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SNERP
The close of escrow shall be the day documents deposited in this escrow are recorded
If the conditions of this escrow have not been complied with at the time provided for in these instructio
nevertheless to complete thls.escrow as soon as the conditions (except as to time) have been complied with, unlc
demand for the return of money and/or instruments by a party to this escrow Is received by you prior to the recc
nstrument provided for in these Instructions.
No notice. demand. or change of Instructions shall be of any effect unless glven to you in writing and approved
all parties affected by the same.
If. bofore or after recording documents, you receive or become aware of any conflicting demands or claim
'conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or property t affected. you shall have the right to discontinue further performance on your part until theconfllct is resolved to your
n addition, you shall have the right to commence or defend any action or proceedlng you deem necessary for thedei
of the conflict. A conflict shall be deemed to be your receipt of unilateral 1nsl:ructlons or mutual Instructlonsfrom sc
all of the parties to this escrow.
Should any controversy arise between the parties to this escrow or with any third person, you shall not be liab action of any kind, but may withhold all moneys, securities, documents or other thlngs deposited Into escrc
controversy has been determined by agreement of the parties or by legal process.
In the event any action is commenced to determine a conflict or otherwise to enforce or declare the provis
instructions or to rescind them including, but not limited to: a suit in interpleader, whether or not the action is prosc judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party In any such
becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any r~ arising out of or in any way related to these instructions, whether or not suit is actually commenced, the parties
iointly and severally agree to pay all of your costs, damages, judgments and expenses, including attorneys' fees, in
in connection with the same. It is understood that the fees agreed to be paid for your services are for ordinary and usual services only, and s
any extraordinary or unusual services rendered by you, the undersigned agree to pay reasonable compensation 1
extraordinary or unusual services. together with any costs and expenses which may be incurred by you in connc
same; and you are hereby given a lien upon all documents, moneys and securities deposited In this escrow until yo' . compensated or reimbursed. It is understood that in the event this escrow is cancelled, you will receive compeni services as you have rendered In connection with this escrow. Escrow holder shall not be held liable for sufficiency or correctness as to form, manner or execution or . document deposited Into escrow, nor as to the identity, authority, or rights of any person executing them, nor for party to this escrow to comply with any of the provisions of any agreement, contract or other instrument filed o these instructions. The duties of escrow holder shall be limited to the safekeeping of money, instruments or at1 . received by escrow holder and for the disposition of them in accordance with the written instructionsaccepted by The knowledge of escrow holder of matters affecting the property, provided such facts do not prevent complii
instructions, does not create any liability or duty in addition to the responsibility of escrow holder under thesi Escrow holder shall not be obligated to make any physical examination of any real or personal property de
document deposited Into this escrow. The parties agree escrow holder is not making any represeritationswhatsc . said property.
Escrow holder shall be under no obligation or liability for failure to inform the parties to this escrow regarding . exchange, or other transaction of facts within the knowledge of escrow holder concerning the herein described pm
. if does not prevent escrow holder's compliance with these instructions.
Escrow holder shall not be concerned with giving any disclosures required by Federal or State law, inciudin!
j. to, any disclosures required under Regulation 2 pursuant to the Federal Consumer Credit Protection Act. the effe 5. laws, ordinances or regulations affecting any other property described in this escrow. The undersigned join11
7. agree to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by elthc 3. respective agents or the failure of the parties to this escrow to comply wlth the rules and/or regulations of an'
3. agency, state, federal, county, municipat or otherwise. Partles to this escrow have satisfied themselves outside 1 I. transaction is not In violation of the Subdivision Map Act or any other law relating to land division, and escrow hdc
1. all responsibility and/or liability in connection with the same and is not to be concerned with the enforcemei 2. You are authorized and instructed to utilize the services of a sub-escrow agent, within the scope of Section
3. California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if nece
4. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brojters as m 5. by them, including, but not limited to copies of ail instructions and closing statements in this escrow. Escrow 6. accept funds deposited to our account by our broker or agent without further authorization.
7. All deposits made by the parties to this escrow shall be deposited by escrow holder In an account design; 8. Trust Account" with any local bank. without any liability for interest. All disbursements shall be made by check c 9. drawn on said account. Escrow holder shall not be obligated to identify or to guarantee the signature of an
0. checks. All documents and checks in favor of the parties shall be mailed. unregistered. to the addresses of the r(
1. set forth in these instructions. 2. These instructions may be executed in counterparts, each shall be deemed an orlginal regardless of the da
3. delivered, and said counterparts shall constitute one and the same instrument.
4. The signature of the undersigned hereon and on any document(s) and instrument(s) pertaining to this escrc
5. unconditional acceptance and approval of the same, and the undersigned hereby acknowledge receipt 01
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LuP4TINENTAL LAND TITLE CUMPA,, I
A SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 4542 RUFFNER STREET SAN DIEGO, CALIFORNIA 92111 4
AU6 XI89 (619) 278-4171 Received
Maintenance Utility/
CITY OF CARLSBAD 2075 ',AS PALMAS DR.
ATTENTION: RALPH ANDERSON YOUR NO. ALVARADO
CARL SBAD , CALIFORNIA
OUR NO. 138206-05
DATED AS OF JULY 28, 1989 AT 7r30 A.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE
CONTINENTAL LAND TITLE COMPANY
HEREBY REPORTS THAT IT IS PREPARED TO ISSUEP OR CAUSE TO BE ISSUED AS
DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LA
THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NO
PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID
OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B 09 NOT EXCLUDED FROM COVE
FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FOF
SHOULO 8E READ. TNEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLEL
THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANC
NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE A!
SHOULD BE REQUESTED.
PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMF
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POL1
4. AMERICAN LAND TITI-€ ASS0
a SCHEDULE A e
ORDER NO. 138206-05
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TC
COVERED BY THIS REPORT IS:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
ADELINA Lq ALVARADOt A WIDOW
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIF01
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
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ORDER NO. 138206-05
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED E
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF
REPORT WOULD BE AS FOLLOWS!
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES,
LEVIED FOR THE FISCAL YEAR 1989 - 1990 WHICH ARE A LIEN NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVEI
AND TAXATION CODE, OF THE STATE OF CALIFORNIA.
3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: VISTA IRRIGATION DISTRICT
PURPOSE: PIPE LINES
RECORDED: OCTOBER 6, 1925 IN BOOK 1122, PAGE 324 OF
AFFECTS: AS FOLLOWS:
OVER AND ACROSS THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 2; THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THE NORTHWES
QUARTER OF THE SOUTHEAST QUARTER OF LOT 1; THE SOUTHEAST QUARTEI
THENCE NORTH 300.00 FEET; THENCE EAST 200.00 FEET; THENCE SOUTH
DEEDS
THE SOUTHEAST QUARTER, EXCEPT BEGINNING AT THE SOUTHWEST CORNER
RANCHO LINE; THENCE WEST ON RANCHO LINE TO BEGINNING, ALL IN SE 27, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND ME
DIAN; ALSO BEGINNING AT CORNER NO. 3 OF RANCHO AGUA HEDIONDA;
WEST ALONG THE NORTHERLY LINE OF SAID RANCHO, 1766.00 FEET; THE
SOUTH 329.00 FEET TO THE NORTH LINE OF SECTION 34, TOWNSHIP 11
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST ALO
SAID NORTH LINE, 676.50 FEET TO CORNER COMMON TO SECTIONS 26, 2
AND 35, TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE SOUTH ALONG THE
LINE OF SECTION 35 TO THE EAST AND WEST CENTER LINE; THENCE EAS
WEST, 1319.00 FEET; THENCE NORTH 527.00 FEET; THENCE EAST TO NO
AND SOUTH CENTER LINE OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 4
THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECT
TO INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF RANCHO AGUP
HEDIONDA; THENCE NORTHWESTERLY ALONG THE BOUNDARY LINE TO CORNE 3 TO THE POINT OF BEGINNING, ALL IN TRACT 'ID" OF RANCHO AGUA
HEDIONDA, AS SHOWN ON MAP NO. 823, OF PARTITION OF RANCHO AGUA
HEDIONDA, FILED NOVEMBER 16, 1896 IN THE RECORDER'S OFFICE OF :
PARALLEL TO THE SOUTH CINE OF SECTION 35, TOWNSHIP 11 SOUTH, RA
SAN DIEGO COUNTY , CALIFORNIA
4. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY
RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE
MENT RECORDED: AUGUST 5, 1930 IN BOOK 1806, PAGE 186 OF Df
w 0
,LHEDULE B PAGE NO. 2 WADER NO. 138206-05
5. NOTE: ATTENTION IS DIRECTED TO THE FACT THAT THE PROPERTY DOES N
APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO BE SERVE0 8Y ANY OF WAY OR EASEMENT OVER ADJOINING OR ADJACENT PROPERTY TO ANY SU
PUBLIC ROAD OR HIGHWAY.
NOTE NO. 1:
IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE:
CITY OF CARLSBAD
PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF
ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE.
NOTE NO. 2:
PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PUF
AND THE AMOUNTS ARE:
FISCAL YEAR 1988 - 1989
1ST INSTALLMENT: $20.09 PAID
2ND INSTALLMENT: $20.09 PAID
EXEMPTION: $NONE
PENALTY: $NONE
PENALTY I $NONE
LAND: $3,857.00
IMPROVEMENTS: $NONE
CODE AREA: 09015 PERSONAL PROPERTY: $NONE
ASSESSOR'S NO: 168-020-17
NOTE NO. 3:
THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH
TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TERM) TITLE
INSURANCE RATE.
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9 EXHIBIT 3