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Home My WebLink About1993-04-27; City Council; 12192; AUTHORIZATION FOR ACQUIRING RIGHTS-OF-WAY FOR THE POINSETTIA/I-5 INTERCHANGE PROJECT NO. 32691. 0 g z 2 Z 0 6 4 J 0 z 3 - 00 ,'. ..< * sz Y^ c;ifvQ w- Cw OF CARLSBAD - AGEWA BILL A AB # j2. 1 3 li TITLE; AUTHORIZATION FOR ACQUIRING DEPT. MTG, 4-27-93 6, 3 RIGHTS-OF-WAY FOR THE CITY 1 DEPT. I96 PROJECT NO. 9260 RECOMMENDED ACTION: C\TY 1 POINSElTlA/I-5 INTERCHANGE Adopt Resolution No. c/ 7 d //&' authorizing submittal of escrow documents, approp of funds and granting the Mayor authority to execute documents for acquisil rights-of-way for the Poinsettia Lane/ld Interchange, ITEM EXPLANATION: On June 18, 1991, the City Council authorized staff to proceed with the design Poinsettia Lane/l-5 Interchange improvements. Design plans are 90% complete. Ir to construct the project, the acquisition of rights-of-way is needed from three property owners. In previous action, Council instructed staff to proceed WI acquisition negotiations. Negotiations are complete for acquisition of rights-of-way on two of the three needed to construct the project. Cost of the acquisition for Project Parcel 1, ow Herrick Holdings, Ltd., is approximately $120,000. Parcel 2 owned by the Smith Trust is approximately $25,000. Total acquisition costs for both parcels, including fees, are approximately $1 45,000. Current unencumbered funds in Project Account No. 430-820-1 890-3269 are $75,00 is requesting that City Council authorize staff to submit the acquisition forms into c authorize the Finance Director to transfer funds in the amount of $70,000 frc Community Facilities District Fund Balance to provide the necessary funds acquisition. Staff is also requesting that City Council authorize the Mayor to execute the documents. FISCAL IMPACT Costs of the rights-of-way acquisition are approximately $1 45,000. Current unencui funds in Project Account No. 430-820-1890-3269 are $75,000. Funds in the arr $70,000 will be transferred from the Community Facilities District Fund Balance. EXHIBITS: 1. Location map. 2. Resolution No. 9 ?-l/g authorizing submittal of escrow documents, appro of funds and granting the Mayor authority to execute documents for acquit rights-of-way for the Poinsettia Lane/l-5 Interchange. 3. Escrow documents, Parcel I Herrick Holdings and Parcel 2 Smith Family Tru LOCATION MAP D INTERSTATE 5 & POINSETTIA LANE INTERCHANGE 1 2 3 4 5 ' 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 9 3 - 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING SUBMllTAL OF ESCROW DOCUMENTS, APPROPRIATION OF FUNDS AND GRANTING THE MAYOR AUTHORIV TO EXECUTE DOCUMENTS FOR ACQUISITION OF RIGHTS-OF-WAY FOR THE POINSETTIA LANE/I-5 INTERCHANGE WHEREAS, the City Council of the City of Carlsbad has deemed it necessary ai public interest to proceed with construction of improvements to the intersection of P Lane and Interstate 5; and WHEREAS, the City Council has reviewed the necessity of acquiring certain righ in order to construct said project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca follows: 1. That the above recitations are true and correct. 2. That the Council hereby authorizes staff to submit escrow documents c Parcel 1, owned by Herrick Holdings, Ltd., and Project Parcel 2, owned by Smith Fan 3. That the Council hereby authorizes the expenditure of funds necessary for Project Parcel 1 in an amount not to exceed $120,000 and Project Parcel 2 not 1 $25,000. 4. That the Council hereby authorizes the Finance Director to transfer $70,001 Community Facilities District Fund Balance to the Project Account No. 430-820-18 order to assure availability of funds. Ill Ill Ill Ill Ill Ill i 1 2 3 4 5 6 7 8 9 10 11 l2 0 0 5. That the Council hereby authorizes the Mayor to execute necessary docum behalf of the City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 27th day of April , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard and Finnila NOES: None ABSENT: Council Member Kulchin AlTEST: Parcel 1 . 0 Herrick Holdings SALE ESCROW INSTRUCTIONS THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! Escrow No.: 125205 Date: 01/25/93 Page: 1 TO: COMMONWEALTH LAND TITLE COMPANY 1455 Frazee Road, Suite 600 P.O. Box 82028 San Diego, CA 92108 Escrow Officer: DANIELLE F. COOK (619)686-6000 THE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WfIICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE. a-a--=PPfa-nP==P===aEIII=P=EPPIPIIIDPIII============-~=a==~=-=u~x==~=-a=~a=uxx~==aa==~=~~==~== Buyer will hand you additional funds prior to closing in the amount of..........$ 107,000.1 --------------- TOTAL CONSIDERATION $ 107,000e1 =~=~~P~~~P=D==~======~~====~~~~~~~~~~~~~~~~~~~~~~~~~~~~~U~~U~~~~~~~~~~~~~~~~~~~~E~~~~~~~~~~~U~ and any additional funds and instruments required from me to enable you to comply with these instructions, which you are to use on or before February 15, 1993, and when Commonwealth Land Title can issue a Standard Policy of Title Insurance Owners form, with liability of $107,000.0~ on real property in City of Carlsbad, County of San Diego, State of California viz: Exhibit "A" attached hereto and made a part hereof for acquistion parcel and Exhibit "6" attached hereto and made a part hereof for temporary construction easement. Except any reservations of record of minerals, oil, gaol water, carbons and hydrocarbons. Showing title vested in: CITY OF CARLSBAD, a municipal corporation Free from encumbrance except: A. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing year, if any, a lien not yet due or payable. 8. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. C. Special improvement assessments, if any. D. Easements, rights, rights of way, covenants, conditions, restrictions and reservations record. t. * 0 Escrow No. : 125205 Date : 01/25/93 Page :2 Escrow Officer: DANIELLE F. COOK ADDITIONAL INSTRUCTIONS: 1. The closing of this escrow is contingent upon the City's written approval of the preliminary report on or before the close of escrow. 2. If applicable, Escrow Holder is instructed to release the executed Temporary Construction Easement and Grant Deed to the City of Carlsbad for acceptance by the Mayor as to the form only and not as delivery to title. The redeposit into escrow of the executed Temporary Construction Easement and Grant Deed bearing the Mayor's "acceptance" and the necessary funds shall constitute satisfaction of the Mayor's acceptance of the Temporary Construction Easement and the Grant Deed and authorization of the City council. 3. There is to be no proration of taxes by Escrow Holder. Property taxes due or payable must be paid in full by Seller prior to the close of escrow with reimbursement, if any, beyond the close of escrow to be refunded by the County Tax Collector. In the event at the close of escrow unpaid taxes exist, Seller shall cause to be handled Escrow Holder proof of payment or shall cause to be handed to Escrow Holder the necessary stubs and Escrow Holder shall pay same at the close of escrow, together with any penalties, if applicable, charging the account of Seller. Any property taxes which at the close of escrow are a "lien" on the property but "not yet due and payable" will be prorated by the County Tax Collector and billed to Seller at the close of escrow. 4. There shall be no prorations and/or adjustments made through this escrow. 5. Escrow Holder is authorized and instructed to debit the City of Carlsbad at the close of escrow all closing costs, including but not limited to owner's title insurance fee, entire escrow fee, drawing fees, processing of lien releases, if any, and reconveyance fees, if any. The City is not to be charged a documentary transfer tax, recording fees or change of ownership fee. These fees are to be waived. 6. From the Seller's proceeds Escrow Holder is authorized and instructed to payoff bonds, assessments and/or taxes, also any encumbrances of record, plus accrued interest and charges, if any, to place title for a condition called for in these instructions. Escrow Holder is in no way concerned with fire/hazard/liability insurance on the subject property. 7. 8. The following is memoranda to this escrow with which Escrow Holder is in no way concerned or liable: A copy of the letter dated December 31, 1992, addressed to Mr. Ron Whitney is attached hereto and made a part hereof as Exhibit "C." Prorate and make adjustments as of close of escrow the following: not applicable Unless the parties otherwise instruct you, you are to base your prorations and adjustments on information contained on the beneficiary's statement(s) furnished you by lender(s) of record (any impounds shown on said beneficiary's statement(s) are to be charged to Buyer and credited to Seller), rental statement as handed you by Seller and approved by Buyer (security deposits, cleaning fees and advance rents as shown on rental statement are to be charged to Seller and credited to Buyer), association statement furnished you by the Homeowner's Aaaccicticn ar,d/or it3 designated managament company, fire insurance policy deposited inco escrow and current year's taxes, when and as applicable. In the event this escrow closes after July 1 and before the current taxes are publicly posted and published, you are instructed to prorate the taxes based upon the immediately preceding year's taxes unless the parties to the escrow furnish you with an amount mutually agreed to, which sum shall be used as the basis for said proration. ? The General Provisions of the Escrow Holder which follow are incorporated as a.part Of these escrow instructions and are accepted and concurred in by the parties to this escrow whose signatures appear below. 0 e Escrow No. : 125205 Date : 01/25/93 Page i3 Escrow Officer: DANIELLE F. COOK GENERAL PROVISIONS 1. ~ll prorations and adjustments called for in this escrow are to be made on the basis of a payment, adjustment or proration of Homeowners Association (or similar) charge, fee or 30 day month unless otherwise instructed in writing. You are not responsible for any unrecorded lien unless set forth in the escrow instructions. 2. The phrase "close of escrow" (or COE or CE) as used in this escrow means the date on which documents are recorded, unless otherwise specified. 3. Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy of title insurance called for, is authorized. 4. You are authorized and instructed to furnish a copy of these instructions, any amendments thereto and/or final closing statement to the Real Estate Broker representing any of the parties in this trGnsaction, also to any lender holding or contemplating a loan against the subject property. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by written mutual instructions. You may, however, do so without incurring liability to any party for such submission. You are hereby authorized to submit such reports to any proposed lender. 5. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Commonwealth Land Title Company, with any state or national bank, and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of commonwealth Land Title Company. Commonwealth Land Title Company shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. 6. These instructions shall become effective as an escrow only upon receipt thereof by Escrow Holder as signed by all parties thereto and acceptance by Escrow Holder. Neither a Real Estate Deposit Receipt nor any other agreement between the principals shall constitute Escrow Instructions. 7. You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or those handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder, and for the disposition of the same in accordance with the written instructions accepted by you in this escrow. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful(neg1ect) or(gross) misconduct. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. 8. You are to be concerned only with the directives specifically set forth in the escrow instructions and amendments thereto, and are not to be concerned or liable for items designated as "memoranda" in the within escrow instructions nor with any other agreement or contract between the parties. Notwithstanding that provisions of the Real Estate provisions shall not be applicable to Escrow Holder. Any amendments of Or supplements tO any instructions affecting this escrow must be in writing. Signatures on any documents and instructions pertaining to this escrow indicate the signer's unconditional approval thereof. Deposit Receipt or any other agreement may be a part of these Escrow Instructions, said 9. You are not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and you are hereby released from any responsibility or liability therefor, 10. If there is no written activity by a principal delivered to this escrowyithin any six-month period after the time limit date as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your pption and all documents, monies or other items held by you shall be returned to the respective parties depositing same, less fees and charges herein provided. / 0 0 Escrow No. : 125205 Date : 01/25/93 Page i4 Escrow Officer: DANIELLE F. COOK 11. Upon receipt of any conflicting or unilateral instructions, other than cancellation instructions described in paragraph 16 below, you are no longer obligated to take any further action in connection with this escrow until further concurring instructions are received from the principals to this escrow. 12. In the event of failure to pay fees or expenses due you hereunder on demand I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 13. The parties hereto acknowledge that they have been advised that title companies and Escrow Holders are not authorized to give legal advice and that if they desire legal advice they should consult an attorney. 14. Any funds abandoned or remaining unclaimed, after good faith efforts have been made by the escrow holder to return same to the party(ies) entitled thereto, shall be assessed a custodian fee of $25.00 per month. After three years the amount thereafter remaining unclaimed may escheat to the State of California. 15. You shall have no responsibility of notifying me or any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of any profir realized by any person, firm or corporation in connecrion therewith, regardless of the fact that such transaction(s) may be handled by you in this escrow or in another escrow. 16. If a demand to cancel is submitted after the time limit date, any principal so requesting you to cancel this escrow shall file notice of demand to cancel in your office in writing. You shall within five (5) working days thereafter mail by certified mail one copy of such notice to each of the other principals at the addresses stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15) calendar days after date of such mailing, you are authorized to cancel this escrow. If written objection is filed with you, you are authorized to hold all money and. documents in this escrow and take no further action until otherwise directed, either by the principals mutual written instructions or by final order of a court of competent jurisdiction. If this is a sale escrow, you may return lender's papers and/or funds upon lender's demand. 17. In the event of cancellation of this escrow, the fees and charges due Commonwealth Land Title Company including expenditures incurred or authorized shall be borne by the parties hereto unless otherwise specifically agreed to or determined by a court of competent jurisdiction. 18. In the event of cancellation of this escrow, you are authorized to demand payment of your charges and, on payment thereof, return documents and monies to the respective parties executed instruments. depositing same.or for whose benefit an unconditional deposit was made; and to void 19. The principals hereto understand and acknowledge that you, as escrow holder,have the absolute right at your election to file an action in interpleader in a court of competent jurisdiction requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses, reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of this escrow. 20. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow or cancellation thereof, without liability and without further notice to partiee to the transaction after close of escrow or cancellation in accordance with Escrow Holder's usual and customary practice. > _cc_ 0 0 Escrow No. : 125205 Date : 01/25/93 Page :5 Escrow Officer: DANIELLE F. COOK 21. A controversy between Escrow Holder and the principals arising out of any escrow involving less than $25,000.00 may be arbitrated at the option of either the Escrow Holder or the principals, pursuant to the Rules of the American Arbitration Association in effect on the date of the demand for arbitration, or at the option of the principals, the Ruies in effect at the date escrow is closed. Arbitration shall be binding upon Escrow Holder and the principals. The arbitration award may include attorney's fees to the prevailing party, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Time is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DATE provided herein and written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with Paragraph 16 of said General Provisions. In the event one or more of the above General Provisions is held to be invalid in judicial proceedings, the remaining respective General Provisions will continue to be operative. Principals will hand you any funds and instructions required from each respectively to complete this escrow. If no demand for cancellation is made, you will proceed to close this escrow when the principals have complied with the escrow instructions. These instructions may be executed in counterparts, each of which shall be deemed an original regardless of date of execution or deliver, and together shall constitute one and the same documents. If these instructions relate to sale, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the respective addres: :s shown herein, unless otherwise directed. In these instructions, whenever the context so requires, the masculine gender includes the femine and/or neuter, and the singular number includes the plural. If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. ALL OF THE TERMS, CONDITIONS AND PROVISIONS AS SET FORTH HEREINABOVE ARE APPROVED, ACCEPTED . AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR HEREIN. c 0 0 Escrow No. : 125205 Date : 01/25/93 Page :6 Escrow Officer: DANIELLE F - BUYER(S) SIGNATURE(S) : The foregoing terms, conditions and instructions are hereby concurred in, approved ar accepted. I will hand you all instruments and money necessary of me to enable you tc therewith, which you are authorized to use and/or deliver when you hold in this escrc account the funds, prorata adjustments and instruments deliverable to me under these instructions. Indicate on deed required documentary transfer tax and charge my accoi therefor. SELLER (S) SIGNATURE (S) : HERRICK HOLDING LTD., a California limited partnership By : William J. Herrick, General Partner Mailing: HERRICK HOLDING LTD., 755 Raintree Drive, Suite 200, Carlsbad, Ca 92009 e 0 EXHIBIT "A" PARCEL 1 - ACQUISITION A PORTION OF PARCEL 1, OF PARCEL MAP NO. 14028, IN THE CITY OF CARLSBA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUN OFFICIAL RECORQS. SAID PORTION OF PARCEL 1 LYING SOUTHEASTER1 SOUTHERLY, AND SOUTH WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE NOR 2 "50'10" WEST (NORTH 3'22'19" WEST RECORD, NORTH 2'50'55" WEST CALTRAh POINT OF BEGINNING; RECORDER OF SAN DIEGO COUNTY, NOVEMBER 18, 1985 AS FlLE NO. 85-434716 ( RWL03760-3767, M.S. 775) 17.72 FEET ALONG THE EAST LINE OF SAID PARCEL 1 TO TI THENCE SOUTH 68" 11'55" WEST 85.65 FEET TO THE BEGINNING OF A NON-TANGE CURVE TO WHICH A RADIAL LINE BEARS SOUTH 17' 14'16" EAST, SAID CURVE CONCA NORTHERLY, HAVING A RADIUS OF 1767.00 FEET; THENCE SOUTHWESTERLY 128.46 FEET ALONG SAID CURVE THROUGH A CENTR ANGLE OF 4 O 09'55"; THENCE SOUTH 76 O 55'39" WEST 171.04 FEET; THENCE NORTH 52' 14'21" WEST 31.58 FEET TO A POINT ON THE WESTERLY LINE SAID PARCEL 1 AND THE POINT OF TERMINUS. SAID POINT BEING ON A CURVE WHICH A RADIAL LINE BEARS NORTH 87"02'38" WEST. SAID CURVE, CONCA EASTERLY, HAVING A RADIUS OF 458.00 FEET (458.00 FEET RECORD); THENCE SOUTHERLY 17.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 2'08'03" TO A POINT OF COMPOUND CURVATURE THROUGH WHICH A RADIAL LI BEARS NORTH 89 ' 10'41" WEST (NORTH 89 " 52'51" WEST RECORD). TOGETHER WITH UNDERLYING FEE INTEREST, IF ANY, APPURTENANT TO THE ABC DESCRIBED PROPERTY IN AND TO THE ADJOINING PUBLIC WAY. THE ABOVE DESCRIBED PARCEL CONTAINING 9361 SQUARE FEET MORE OR LESS' PAGE 1 OF 2 0 e Basis of Bearinus Bearings are based on California Coordinate System, Zone 6 and based on two monument: shown on Caltrans RWLO 3760-3767, M.S. 775 are described as follows: (i) Monument 5-45.6A, L & T w/CbH Tag North 342,418.20’ North 349,338.84’ East 1,675,396.66’ East 1, 671,920.76’ This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 5-47.0, L & T in Bridge Cu SPC17-~54I83-29.DoCjKLW/dks/cap f07l692 PAGE 2 OF 2 0 0 __ m-z m w WVI w a vzo v a In -+-,= - 5 3LVLS83L" c 0 0 EXH 1 BIT "A" PARCEL 1 - TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 1, OF PARCEL MAP NO. 14028, IN THE CITY OF CARLSBI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFlCE OF THE COUh OFFICIAL RECORDS. THE SOUTHERLY LINE OF A STRIP OF LAND, 20.00 FEET OF E\, WIDTH, BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE NOF 2'50'10' WEST (NORTH 3'22'19" WEST RECORD, NORTH 2'50'55' WEST CALTRA POINT OF BEGINNING; RECORDER OF SAN DIEGO COUNTY, NOVEMBER 18, 1985 AS FILE NO. 85-434716 RWL03760-3767, M.S. 775) 17.22 FEET ALONG THE EAST LINE OF SAID PARCEL 1 TO 1 THENCE SOUTH 68 a 11'55" WEST 85.65 FEET TO THE BEGINNING OF A NON-TANGE CURVETO WHICH A RADIAL LINE BEARS SOUTH 17O 14'16" EAST, SAID CURVECONCI NORTHERLY, HAVING A RADIUS OF 1767.00 FEET; THENCE SOUTHWESTERLY 128.46 FEET ALONG SAID CURVE THROUGH A CENTF ANGLE OF 4 ' 09'55"; THENCE SOUTH 76 O 55'39" WEST 171.04 FEET; THENCE NORTH 52'14'21" WEST 31.58 FEET TO A POINT ON THE WESTERLY LINE SAID PARCEL 1 AND THE POINT OF TERMINUS. SAID POINT BEING ON A CURVE WHICH A RADIAL LINE BEARS NORTH 87'02'38' WEST. SAID CURVE, CONCf EASTERLY, HAVING A RADIUS OF 458.00 FEET (458.00 FEET RECORD); THENCE SOUTHERLY 17.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 2'08'03' TO A POINT OF COMPOUND CURVATURE THROUGH WHICH A RADIAL L BEARS NORTH 89' lO'4l'WEST (NORTH 89'52'51" WEST RECORD). THE NORTHERLY LINE OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TERMINATE ON THE EASTERLY LINE OF SAID PARCEL 1 AND THE WESTERLY LINE SAID PARCEL 1. PAGE 1 OF2 I 0 0 a THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31, 1995 OR AT END OF CONSTRUCTION, WHICHEVER COMES FIRST. THE ABOVE DESCRIBED PARCEL CONTAINING 8317 SQUARE FEET. Basis of Bearinag Bearings are based on California Coordinate System, Zone 6 and based on two monumen shown on Caltrans RWLO 3760-3767 M.S. 775 are described as follows: (1) Monument 5-45.6Ay L & T w/CDH Tag North 342,418.20’ North 349,338.84’ East 1,675, 396.66’ This information is shown on sheets 8 and 11 of above mentioned maps. (2) Monument 5-47.0, L & T in Bridge CI East I, 671 y 920.76’ I. All distances shown are Ground Distances, ~- - SDCI 7300.54/83-29.DOC/KLW/dks/cap/Q71692 PAGE 2 OF 2 . 0 0 w ~nm ilz urn axm 9340 Camel Mob Suite 0 MacFARLANE and ASSOCIATES Expropriation Consultant S%n Diega, CA 9: (61 9) 538-9064 FAX (619) 538-907 EXibSBBR up December 31, 1992 Mr. Ron Whitney 755 Raintree Drive, Suite 200 CARLSBAD, CA 92009 Fie: FQWOlHERR HERRICK HOLDINGS, LTD. Project: CITY OF CARLSBAD / RIGHT-OF-WAY REQUIREMENTS Poinsettia Lane & 1-5 Interchange Widening Location: CITY OF CARLSBAD Situs Address: 751-755 Raintree' Drive CARLSBAD, CA 92009 Vesting: HERRICK HOLDINGS LTD., A CALIFORNIA LIMITED PARTNERSHIP APN 214-450-20/21/22 Subject: Your Letter dated October 27, 1992 Dear Mr. Whitney: Your letter of October 27, 1992, set forth five (5) specific issues which I have reviewed with the project engineer and the project appraiser. The following information is in response to those issues: (A) Fair Market Value. 1. The appraiser, as of the date of value (August 31, 1992) , took into con- sideration the highest and best use of subject property in relation to the uses permitted under the current C.-2 zone and the city's General Plan. The present use was considered as being highest and best use. The appraiser's fair market value estimate of $107,000 for the rights to be acquired, by law, must be based upon current market conditions and 2. comparable market data. (B) ImDact on Motel Parking. Approximately eight (8) feet of nineteen (19) parking spaces will be impacted. We propose that the contractor have the option of either - 1. restriping the 19 spaces so that they will continue to be usable during con- struction (there appears to be adequate room) or, (ICUCrs/DlHERR( q e Re: WWOlHERR December 31, 19! 2. rope off the area and not use it all. In either case, the spaces would remain available for use during construction. (C) Trash EnclosurefleleDhone Eauipment Room, It is our understanding that Pacific Bell has an exchsive easeliient underlying th equipment room area. The equipment room and trash enclosure will not be removed. The construction plans will be so noted and the contract specifications will reflect the exclusion. Existing Monument Sim in Future R/W. In order to avoid sign down time, the contractor will be required to construct an identical new sign, including the electrical connection, prior to removing the old sign. Location and sign design will be subject to your prior approval. Items to be included in Purchase keement. 1. (D) (E) The Temporary Construction Easement area will be returned to it's srigina use and condition upon completion of the project at the City's expense. Tht conveyance document will contain a specific clause. Access to the temporary construction easement will be from Poinsettia Lanl The contractor is precluded from using the moteUrestaurant parking lot for access unless the contractor obtains permission directly from the owner. 2. If the above terms and conditions meet with your approval, I will open an escrow. Pleas4 advise. Very truly yours, b.w& W.L. MacFarlane, SWA Expropriation Consultant to THE CITY OF CARLSBAD wLM/wp cc: Lloyd Hubbs, City Engineer Patricia Cratty, Senior Management Analyst Michael R. Crull, P.E. James Naughton, MAI, SRA (Ictterdoimm c4 0 RECORDING R5BUESTE BY: 0 COMMONMALTH LAND TITLE COMPANY WHEN RECORDED MAIL TO: CITY CLERK CITY OF C.4RLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX S . . . . . . . . . . . . . . . . . , . . . . C0InIDUt.d on tho conliduitlon or riluo of proparty conrryod; OR . . . Campulod on tho conllQrrtion or rilw 1.8. lions or oncumlwicxos rormlnlnp at tlm of uJo. Si nal re of Qeclara 1 or A en determining lax - Firm Name The &niersigne! grinlor GRANT DEED 953084 125205 FOR .4 VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, HERRICK HOLDING LTD.. a California Limited Partnership hereby GRtWT(S) to CITY OF CARLSBAD, a municipal corporation the real property in the City of Carlsbad. County of San Diego. State of California, described as: A Portion of Parcel 1, of Parcel Map No. 14028. in the City of Carlsbad, County of San Diego, Sfate of California as more completely described on Exhibit "A" attached herefo and made a part hereof.. 7 'I 4 STATEOFCAUFORNLA ) ar tner & -5 2b oa, 5 h authatzed-). andm by hkhahd6 E3 z ~ona*i~a*-s~,rxd*natyupon E t- af ~dwhkhtt#pason(a)acted,~~inr(runmn. u3 2; 5 6 i ~lyknomlOmeMpmvsdtOmeon~~dsold.*ay~tokth.pnon(8)rrhorlunw(r) ia/SuwbamiW to the within inatrumant and scknor*ledgd to m th.t hd.k.*uy Q& th. -in -a 0, 0 e E: 0 EXHIBIT "A" 0 PARCEL 1 - ACQUISITION A PORTION OF PARCEL 1, OF PARCEL MAP NO. 14028, IN THE CITY OF CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 18, 1985 AS FILE NO. 85-434716 OF OFFICIAL RECORDS. SAID PORTION OF PARCEL 1 LYING SOUTHEASTERLY. SOUTHERLY, AND SOUTH WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE NORTH 2 "5010' WEST (NORTH 3'22'19' WEST RECORD, NORTH 2'50'55' WEST CALTRANS RWL03760-3767, MS. 775) 17.72 FEET ALONG THE EAST LINE OF SAID PARCEL 1 TO THE POINT OF BEGINNING; THENCE SOUTH 68'11'55" WEST 85.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO WHICH A RADIAL LINE BEARS SOUTH 17'14'16' EAST, SAID CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1767.00 FEET; THENCE SOUTHWESTERLY 128.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4.09'55'; THENCE SOUTH 76 '55'39' WEST 171.04 FEET: THENCE NORTH 52'14'21' WEST 31.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1 AND THE POINT OF TERMINUS. SAID POINT BEING ON A CURVE TO WHICH A RADIAL LINE BEARS NORTH 87'0238' WEST. SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 458.00 FEET (458.00 FEET RECORD); THENCE SOUTHERLY 17.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'08'03' TO A POINT OF COMPOUND CURVATURE THROUGH WHICH A RADIAL LINE BEARS NORTH 89'10'41'WEST (NORTH 89'5251'WEST RECORD). TOGETHER WITH UNDERLYING FEE INTEREST, IF ANY, APPURTENANT TO THE ABOVE DESCRIBED PROPERTY IN AND TO THE ADJOINING PUBLIC WAY. THE ABOVE DESCRIBED PARCEL CONTAINING 9361 SQUARE FEET MORE OR LESS. PAGE 1 OF 2 0 0 0 Basis of Bearin= Bearings are based on California Coordinate System, Zone 6 and based on two monuments as shown on Caltrans RWLO 3760-3767, M.S. 775 are described as follows: (1) Monument 5-45.6A, L & T w/CDH Tag North 342,418.20' North 349,338.04' This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 547.0, L & T in Bridge Curb East 1,675,396.66 East I, 671,920.76' S~Cr7-30054/e3.2s.WC/I(LW/dkr/cap/O71~ PAGE 2 OF 2 0 * * 0 0 -, I CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated February 16, 1993 from Herrick Holding, LTD., A California Limited Partnership to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsba California pursuant to resolution No. 93-118 , adopted on April 27, 1993 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 29, 1993 By! Q-l&LL fd ALETHA L. RAUTENKRANZ, City Lle 1 CITYOFCARLSBAD 1 1200 Carlsbad Village Drive i CARLSBAD, CA 92008 I I - 0 ;?t !<<.: L,,,~::C~/ , 1993. e - This document was executed this /'r day of HERRICK HOLDINGS LTD., A CALIFORNIA LIMI'IED PARTNERSHIP By: L By: (NOTARY JfJRAT) I STATE OF CALIFORNIA 1 County ofan31 2~ ; fare On FQbruoy 1%: 1993 , be and for said State, personally appeared Ii 1 ,- 3 HJ-1 c 7L - e the undersigned, a Notary Public in i gf 22 2 rsonally known to me 1 ' mto be the personMwhcme name c, i & subscnbed to the within instrument and acknowledged to me that he- executed the =me in co 8 z 1 E b Q) 2 a 05 ' authorized capacity@$. and that by hi 'r %=on the instrument the pews), or the e~m behalf of which the person(s) acted, executed the instrument. CEBORAH G2kSSi 1' NOTARY PUBLIC - CALIFORfYIA !( - . -___ -- - THIS IS TO CERTIFY that the interest in real property conveyed by the foregoing deed or grant to the CITY OF CAI Municipal corporation, is hereby accepted on behalf of the City Council of said City of Carlsbad pursuant to authority by Resolution No. 93-118 , adopted on April 27 the Grantee consents to the recordation thereof by its duly authorized officer. MAYOR, CITY OF CARLSBAD (MacFARLANE & ASSOCIATI!!) (docurnen t\TCEIIE e EXHl BIT "A" 0 PARCEL 1 - TEMPORARY CONSTRUCTION EASEMENT A PORTION OF PARCEL 1, OF PARCEL MAP NO. 14028, IN THE CITY OF CARLSBAI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNT OFFICIAL RECORDS, THE SOUTHERLY LINE OF A STRIP OF LAND, 20.00 FEET OF EVE WIDTH, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE NOR7 2"50'10" WEST (NORTH 3"22'19" WEST RECORD, NORTH 2"50'55" WEST CALTRAF RWL03760-3767, M.S. 775) 17.22 FEET ALONG THE EAST LINE OF SAID PARCEL 1 TO Tt POINT OF BEGINNING; RECORDER OF SAN DIEGO COUNTY, NOVEMBER 18, 1985 AS FILE NO. 85-434716 C THENCE SOUTH 68 O 11 '55" WEST 85.65 FEET TO THE BEGINNING OF A NON-TANGEI CURVET0 WHICH A RADIAL LINE BEARS SOUTH 17" 14'16" EAST, SAID CURVE CONCAI NORTHERLY, HAVING A RADIUS OF 1767.00 FEET; THENCE SOUTHWESTERLY 128.46 FEET ALONG SAID CURVE THROUGH A GENTRI ANGLE OF 4 " 09'55"; THENCE SOUTH 76 O 55'39" WEST 171.04 FEET; THENCE NORTH 52"14'21" WEST 31.58 FEET TO A POINT ON THE WESTERLY LINE SAID PARCEL 1 AND THE POINT OF TERMINUS. SAID POINT BEING ON A CURVE WHICH A RADIAL LINE BEARS NORTH 87"02'38" WEST. SAID CURVE, CONCA EASTERLY, HAVING A RADIUS OF 458.00 FEET (458.00 FEET RECORD); THENCE SOUTHERLY 17.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 2"08'03' TO A POINT OF COMPOUND CURVATURE THROUGH WHICH A RADIAL LI BEARS NORTH 89 o 10'41" WEST (NORTH 89 O 52'51" WEST RECORD). THE NORTHERLY LINE OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TERMINATE ON THE EASTERLY LINE OF SAID PARCEL 1 AND THE WESTERLY LINE SAID PARCEL 1. PAGE 1 OF 2 THIS EASEMENT IS T B PORARY AND WILL EXPIRE ON D !!k MBER 31, 1995 OR AT. END OF CONSTRUCTION, WHICHEVER COMES FIRST. THE ABOVE DESCRIBED PARCEL CONTAINING 8317 SQUARE FEET. Basis of Bearinas Bearings are based on California Coordinate System, Zone 6 and based on two monumeni shown on Caltrans RWLO 3760-3767 M.S. 775 are described as follows: (1) Monument 5-47.0, L & T in Bridge Ci Monument 5-45.6A, L & T w/CDH Tag North 342,418.20’ North 349,338.84’ East 1,675,396.66’ East 1,671,920.76’ This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) SD.C17~54/~2s,~/KLW/dks/~p/O71692 PAGE 2 OF 2 % L m-2 m w LD WUP WN 0 vzo v u w zaz I +om om A- Nddd G e 0 COMMONWEALTH LAND TITLE COMPANY 1455 Frazee Road, Suite 600, P.O. Box 82028 San Diego, CA 92108 (619) 686-6000 Escrow No. : 125205 Escrow Officer: DANIELLE F. COOK ESCROW OFFICER ESTIMATED BUYER'S CLOSING STATEMENT Buyer : CITY OF CARLSBAD DEBIT ___---------------------------------------------------------------------------------. Total Coneideration $107,000.00 SETTLEMENT CHARGE 588.50 250.00 CUSHION RECONVEYANCE FEE 65.00 OWNER'S COVERAGE 613.55 DOCUMENT PREPARATION 20.00 RECEIPT DUE FROM BUYER 1c $108,537.05 s 1c -------------- ------ 0 * COMMONWEALTH LAID 1455 Frazee Road, Suite 600 8an Diego, California 9~8 P.O. Box 82028, Saa Diego, California 92138 TITLE COMPANY . *r, ,A, - COMMONWEALTH LAND TITLE COMPANY 1455 FRAZEE ROAD 6TH FLOOR SAN DIEGO, CA 92108 Attention: DANIELLE F. COOK Your Ref: 125205-DFC Our No: 953084.6 In response to your application for a policy of title insurance, commonwealth Land Title Company reports that it is prepared to issuc policy or policies of title insurance describing the land and the es or interest therein hereinafter set forth, insuring against loss whi be sustained by reason of any defect, lien or encumbrance-not shown referred to as an exception below or not excluded from coverage pur5 to the printed schedules, conditions and stipulations of said polici The printed exceptions and exclusions from the coverage.of said polj policies are set forth in Exhibit A attached. should be read. They are available from the office which issued thj report. This report (and any supplements or amendments hereto) is issued sol insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title ins1 a binder or commitment should be requested. I. - _. ... . a , Copies of the policy for the purpose of facilitating the issuance of a policy of title Dated: JANUARY 19, 1993 at 7:30 A.M. e 0 PZ - Order No. 953084:6 Schedule I1A1I The form of policy of title insurance contemplated by this repozt.i$ CLTA OWNERS ,I The estate or interest in the land hereinafter described or referrec covered by this report is: A FEE AS TO PARCEL A; AN EASEMENT AS TO PARCEL B Title to said estate or interest at the date hereof is vested in: HERRICK HOLDINGS LTD., A CALIFORNIA LIMITED PARTNERSHIP .. . The land referred to in this report is in the county of San Diego, of California, and is described as follows: 6 See attached Exhibit ''All 0 8 Order No. 953084.6 PC Schedule tlBtt At the date hereof exceptions to coverage in addition to the printec exceptions and exclusions in said policy form wowld.be as follows: General and special county and/or city taxes for the fiscal y 1992-93, including personal property tax if any. First half: PAID Second half: OPEN Said matter affects this and other property. provisions of Chapter 498, Statutes of 1983 of the State of California. - The fact that the awnership of said land doas not include any rights of ingress and egress to or from the street or highway abutting said land, such rights having been: RELINQUISHED by FINAL ORDER OF CONDEMNATION, recorded: JULY 18, 1963 AS FILE 125935 OF OFFICIAL RECORDS. Name of Street Affected: *-INTERS NO. 5 4. A covenant and agreement executed by: J. LARRY BALLARD, A MA MAN, AS HIS SOLE AND SEPARATE PROPERTY, in favor of: OCCIDEN LAND, INC., WHO ACQUIRED TITLE AS OCCIDENTAL PETROLEUM LAND A DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, A CORPORAT ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA, recorded APRIL 28, 1981 AS FILE NO. 81-128449 OF OFFICIAL RECORDS, whic among other things, provides: AGREEMENT FOR GRANT OF OPTIONS Reference is made to said document for full particulars. An aqreement to which reference is hereby made for full particulars, Dated: OCTOBER 7, 1982 By and between: Regarding: PAYMENT OF PUBLIC FACILITIES FEE Recorded : OCTOBER 21, .1982 AS FILE NO 82-323923 OFF' 1. 2. The lien of supplemental taxes, if any, assessed pursuant to 3. 5. CECIL A SMITH AND THE CITY OF CARLSBAD RECORDS 6. A covenant and agreement executed by: CARLSBAD CORNERS INCORPORATED, in favor of: THE CALIFORNIA COASTAL COMMISSION recorded: DECEMBER 29, 1983 AS FILE NO. 83-475378 OF OFFICIAI RECORDS, which, among other things, provides: DEED RESTRICTI( Reference is made to said document for full particulars. Provisions of the dedication statement on the map of the trac, shown below which relinquish certain rights of ingress and egi to the public street herein named, upon the terms therein, exc for the general public right to travel the same. Map no.: 1( street affected: POINSETTIA LANE AND AVENIDA ENCINAS, AS SHOC DELINEATED ON SAID MAP. 7. a 0 P2 An easement affecting the portion of said land and for the PI stated herein and incidental purposes, shown or dedicated by Map No. : 10899 For: DRAINAGE Affects: 12 FOOT WIDE, AS SHOWN AND DELINEATED ON - Order No. 953084.6 8. MAP. 9, Covenants, conditions and restrictions in the Declaration of Restrictions recorded: JULY 16, 1984 AS FILE NO. 84-267158 C OFFICIAL RECORDS. Restrictions, if any, based on race, color religion or national origin are deleted. An easement affecting the portion of said land and for the pu stated herein and incidental purposes In favor of: SAN DIEGO GAS AND ELECTRIC COMPANY, A io. CORPORATION EGRESS OFFICIAL RECORDS For : PUBLIC UTILITIES, ALSO THE R1GHT:OF INGRE Recorded : AUGUST 14, 1984 AS FILE NO, 84-308591 OF Affects : THE WESTERLY 5.00 FEET. Said document also contains restrictions on the use, by the o of said land, of the easement area. A lease, affecting the premises herein stated, executed by an between the parties named herein, for the term and upon the t covenants and conditions therein provided. Dated: JUNE 26, 1984 Lessor: HERRICK HOLDINGS LTD. - 11. Lessee : WILLIAM J. HERRICK AND DONNA M. HERRICK,-HUSBA WIFE Term: 240 CALENDAR MONTHS BEGINNING JUNE 26, 1984 Affects : SAID LAND The interest of lessee under said lease has since passed by assignment to: ECONOMY MOTELS OF AMERICA, A CALIFORNIA CORPORATION, by document recorded: NOVEMBER 12, 1987 AS FILE A deed of trust to secure an indebtedness of the amount state herein and any other amounts payable under the terms thereof. Recorded : OCTOBER 8, 1984 AS FILE NO. 84-380615 OF OFFIC RECORDS 87-635149 OF OFFICIAL RECORDS. Dated: MARCH 1, 1992 Amount: $3,353,830.14 Trustor: ECONOMY MOTELS OF AMERICA Trustee : WILLIAM J. AND DONNA M, HERRICK, TRUSTEES Beneficiary: WILLIAM J. AND DONNA M. HERRICK, TRUSTEES Recorded : JUNE 22, 1992 AS FILE NO. 1992-0385806 OF An easement affecting the portion of said land and for the pu. stated herein and incidental purposes THE HERRICK FAMILY TRUST, UTD 3-26-62 THE HERRICK FAMILY TRUST, UTD 3-26-62 OFFICIAL RECORDS 12. a e - Order No. 953084.6 Pag In favor of: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION For : PUBLIC UTILITIES, ALSO THE RIGHT OF INGRES EGRESS Recorded : AUGUST 21, 1985 AS FILE NO. 85-302425'OF OFFICIAL RECORDS Affects : SHALL BE A STRIP OF LAND, INCLUDING ALL OF AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3 FEET, MEASURED RIGHT ANGLES, ON! EACH EXTERIOR SIDE OF EAC OM OR BEFORE MAY 24, 1986. EVERY FACILITY INSTALLED WITHTN SAID PROP€ The exact location of said easement is pot disclosed-of recorc Said document also contains restrictions on the use, by the OP An easement affecting the portion of said land' and for the pui stated herein and incidental purposes, shown or dedicated by Map No. : PARCEL MAP NO. 14028 For : WATERLINE Affects : AS SHOWN AND DELINEATED ON SAID PARCEL MAI 14. An easement affecting the portion of said land and for the pui stated herein and incidental purposes In favor of: PACIFIC BELL, A CALIFORNIA CORPORATION, I1 SUCCESSORS AND ASSIGNS For: PUBLIC UTILITIES INCLUDING INGRESS AND EGI Recorded : FEBRUARY 20, 1986 AS FILE NO. 86-067506 01 Affects: SHALL BE LOCATED ON THE FOLLOWING PORTION! ._ of said land, of the easement area. 13. OFFICIAL RECORDS SAID PROPERTY: PARCEL A (NON-EXCLUSIVE EASEMENT) BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF MAP NO. 10899; : ALONG THE SOUTHERLY BOUNDARY OF SAID LOT SOUTH 76O13'30" WEST 66.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING, 76O13'3Ot4 WEST, 27.57 FEET; THENCE LEAVING SAID BOUNDARY LINE NORTH 2OO4'48l1 WEST, 27.00 FEET TO POINT "At'; THENCE NORTH 87O55'12" EAST, 27.00 FEET; THENCE SOUTH 2O04'48" EAST 21.41 1 TO THE TRUE POINT OF BEGINNING. PARCEL B (EXCLUSIVE EASEMENT) BEGINNING AT POINT "A" SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTb 2°04t48tt WEST 18.00 FEET; THENCE NORTl 87°55t1211 EAST 27.00 FEET; THENCE SOUTH 2°04'48v1 EAST 18.00 F THENCE SOUTH 87O55'12" WEST 27.00 FEET TO THE TRUE POINT OF BEGINNING. Said document also contains restrictions on the use, by the o of said land, of the easement area. An easement affecting the portion of said land and for the pu stated herein and incidental purposes 15. In favor of: SAN DIEGO GAS AND ELECTRIC COMPANY, A 0 0 P CORPORATION PUBLIC UTILITIES ALSO THE RIGHT OF INGRE EGRESS MAY 1, 1986, AS FILE NO. 86-172450 *OF OFF SHALL BE A STRIP OF LAND, INCLUDING ALL t - Order No. 953084.6 For : Recorded : \, Affects : RECORDS Is \ AREA LYING BETWEEN THE EXTERIOR SZQE;LINE;, RIGHT ANGLES, ON EACH EXTERIOR SIDE OF E WHICH SIDELINES SHALL BE 3 FEET, MEASUREI EVERY FACILITY INSTALLED, THE APPROXIMAT LOCATION BEING SHOWN OM EXHIBIT "A" ATT, TO SAID DOCUMENT AND MADE A PART TH~WEOF The exact location of said easement is not disclosed of reco: Said document also contains restrictions on the use,-by the { of said land, of the easement area, Notes: . - _. - r m 4 mz ma VI-2 VI w In (D - -In r- .r- 2: 0 ON0 i- amzzza +an I- 4- mzo --- - 5 3LVlStl3lNI '1 0 a 0 VI v 1 K - P- W +.c osOalYl 3vzooI- QwgZ$.'Q gEY'%> zozt;;=a +lo22 o<zlo== *CL--+a$ O<I-h$iU% =+x. LhllL$<y/ Z oaar-a ?k,, ut o L $ <' ($0 L& 0 3 g 2 ,,; 5 5 L 6 2 hi I2 5 :: f ,,, =I y I 12 5 5 6; 0 3 2 I cL .y ?(>G I:n;(ct 2 .> ,, :3, < -. <: bI :; .: I SY ,o &p;g Z z 2 CL L.J (J 3 $2;i'oEQ XLC',C = :>.z < GS n 0 w i- v, '( f 8 $1 /I -, 1 -Ur >a. ; d 0 m U e mz v)Q m-z m w m wus WN 0 m 020 o, 3; < w xu> 0- I +om qz oo, amk ~~~,z~~ 11 ow1 Yw 8m 1 a I- 4 m a+ UllL -mq w z ~nm U LLZ 0 wo,O am a-m axm r+ m z 0-a o NU ac3d -In z f- %' wuc1 mz 2 a oaa l- u I->u -a .I- w u 8 - z I- z %+, aos aw xwc VN - os c w_I wm> w zo .O 0-0 a-I- 4:n;; 2 JrD t- 0 Y L. ;no2 mz ZLLW - o -- (D z -m w xt- a-a u o I m.~ I- v m z z z + cao I-u u- mzo 1: amrr)lZ--wm +Ow I-~LL~ o+ ZN-0-Z zd 3az 3 om0 -w gsA g :: 5 2 om m m cno uz ,Qi gjG g - 55 - z 2U.G - z 0 ON0 d;,R < L rssij U. U:ac z: OLL -a rn m b 0 VI- u*- au x am- w-24 dZYi ;; - b 2wLL - 1 *zo- aca I- - c~ om a a::' r: 45mQ i5 a unJz ao --mo amof '* _I--lm 0 IL: k + + ou uzwo uz .J FL r-zp ij! !f flr I- o 3 I-= 1 a Z-+ -E e c + wL -)( a3 0 si 3 v ak w+ '9 fis i > E - N %3 =" : la k.%a g ;; q : f4 *g5 2l E Eij Z :*a! Gag i wa umm bro Ll- t- - c 3 >- moo mm Q w- I m rid O, % 8 % am w+z u- a .az seiz 1' B P <ax g ,y (r z t_ z &-a -aaw -- atx- - a ak a a a a +a ---x -e L-)EO a-a - ai;; -- cvddd a z... ana w w- w 0 0 0 3s 9zm8 4G; Z5?< zzii .$e is uF 2 0 CD W I- O -I- 2 - 0 0 co !I la ;""- 1- 3 z- a - g 85 2 J =la W. - 5 =JIVIStl3~NI . +- or, 12 a2 g zi 0 z. W -I U 0 I P N ~I I, --+-s " 0. CLTA Preliminary Reporr Commonwealt B Land Title Insurance Company EXHlBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 EXCLUSIONS FROM COVERAGE -- E!! The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys’ fees o which arise by reason of: 1: (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances. or regulations) restricting, I prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now 01 erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a p, environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a noi enforcement thereof or a notice of adefect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded ir records at Date of Policy. (b) Any governmental policy power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defi encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from cc taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wr Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or mated subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained’if the insured claimant had paid value for the insured mortgage or for the mat insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or fa: subsequent owner of the indebtedness. to comply with the applicable doing business laws of rhe state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mor based upon usury or any consumer credit protection or truth in lending law. -- EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I) This policy dos not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of su by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by ma of persons in possession thereof. 3. Easements. liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines. shortage in area. encroachments, or any other facts which a correct survey would disclose, and which s 5. (a) Unpatented mining claims; (b) reservations or exceptions in parents or in Acts authorizing the issuance thereof; (c) water rights. claims or by the public records. whether or not the matters acepted under (a). (b) or (c) arc shown by the public records. . AMERICAN LAND TITLE ASSOCIATION UlAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE (REVISED to-im AND io-im\ The following matters are apdy acluded from the coverage of this policy: I. (a) Governmental police powa. (b) Any law. ordinance or gowmmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) rcstfidng or regulatidg or p occupancy, use or enjoyment of the land, or regdating the character, dimensions or location of any improvement now or hereafter erected C prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a Part. (d) The effect of any vidation of the mattm acluded under (a), (b), or (c) above, unless notice of a defect, lien or encumbrance resulting from been recorded at Date of Policy in those records in which under state statutes deeds. mortgages. lis pendens, liens or other title encumbi recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however. that without li records shall not be construed to include records in any of the offices of federal, state or local environmental protection. zoning, building, h safety authorities. 2. Rights of eminent domain unless notice of the aercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances. adverse claims, or other matters (a) created. suffered, assumed or agmd to by the insured claimant; (b) not Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant asquu interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior t( insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to (except to the Qttent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as (0 I stm improvements under construction or completed at Date of Policy.) 4. Uoenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent Owner of the i comply with applicable “doing business” laws of the state in which the land is situated. Valid Only If Schdulcs A. B and Cow Form 2210-1 (CA) Rev. 3-89 (EXHIBIT A CONTINUED ON BACK) . ------ @.s, SfGb e 4 @Q%/ SALE ESCROW INSTRUCTIONS THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! TO: COMMONWEALTH LAND TITLE COMPANY Escrow NO.: 125412 1455 Frazee Road. Suite 600 Date: 03/02/93 P.O. Box 82028 San Diego, CA 92108 (619)686-6000 Escrow Officer: DANIELLE F. COOK Page: 1 TEE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE. ............................................................................................... ---------------- TOTAL CONSIDERATION S 18,800.0 ............................................................................................... and any additional funds and instruments required from me to enable you to comply with these instructions, which you are to use on or before March 31, 1993, and when Commonwealth Land Tit1 can issue a Standard Policy of Title Insurance Owners form, with liability of $18,800.00, on real property in City of City of Carlsbad, County of San Diego, State of California viz: See Exhibit "A" attached hereto and made a part hereof for temporary construction easement. Except any reservations of record of minerals, oil, gas, water. carbons and hydrocarbons- Showrng title vested in: City of Carlsbad, a municipal corporation Free from encumbrance except: A. Current general and special taxes for the fiscal year in which this escrow closes, and taxes foz the enauing year, if any, a lien not yet due or payable. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. C. Special improvement assessments, if any. D. Easements, rights, rights of way, covenants, conditions, restrictions and reservations o record. 0 e - Escrow NO. : 125412 Date : 03/02/93 Page :2 Escrow Officer: DANIELLE F. COOK ADDXTIONAL INSTRUCTIONS: 1. The closing of this escrow is contingent upon the City's written approval of the preliminary report on or before the close of escrow. 2. If applicable, Escrow Holder is instructed to release the executed Temporary Construction Easement to the City of Carlsbad for acceptance by the Mayor as to the form only and not as delivery to title. The redeposit into escrow of the executed Temporary Construction Easement bearing the Mayor's "acceptance" and the necessary funds shall constitute satisfaction of the Mayor's acceptance of the Temporary Construction Easement -and authorization of the City Council. There is to be no proration of taxes by Escrow Holder. must be paid in full by Seller prior to the close of escrow with reimbursement, if any, beyond the close of escrow to be refunded by the County Tax Collector. event at the close of egcrow unpaid taxea exiet, Seller shall cause to be handled Escrow Holder proof of payment or shall cause to be handed to Escrow Holder tha necessary stubs and Escrow Holder shall pay same at the close of escrow, together with any penalties, if applicable, charging the account of Seller. Any property taxes which at the close of.escrow are a "lien" on the property but "not yet due and payable" will be prorated by the County Tax Collector and billed to Seller at the close of escrow. 3. Property taxes due or payable In the 4. There shall be no prorations and/or adjustments made through this escrow. 5. Escrow Holder is authorized and instructed to debit the City of Carlsbad at the close of escrow all closing costs, including but not limited to owner's title insurance fee, entire escrow fee, drawing fees, processing of lien releases, if any, and reconveyance feee, if any. The City is not to be charged a documentary transfer tax, recording fees or change of ownership fee. These fees are to be waived. From the Seller's proceeds Escrow Holder is authorized and instructed to payoff bonds, assessments and/or taxes, also any encurbrances of record, plus accrued interest and charges, if any, to place title for a condition called for in these instructions. Escrow Holder is in no way concerned with fire/hazard/liability insurance on the subject property. Escrow Holder shall be bound solely by these escrow instructions. 6. 7. 8. Unless the parties otherwise instruct you, you are to base your prorations and adjustments on information contained on the beneficiary's statement(s) furnished you by lender(s) of record (any impounds shown on said beneficiary's statement(s) are to be charged to Buyer and credited to Seller), rental statement as handed you by Seller and approved by Buyer (security deposits, cleaning fees and advance rents as shown on rental statement are to be charged to Seller and credited to Buyer), association statement furnished you by the Homeowner's Association and/or its designated management company, fire insurance policy deposited into escrow and current year's taxes, when and as applicable. In the event this escrow closes after July 1 and before the current taxes are publicly posted and published, you are instructed to prorate the taxes based upon the immediately preceding year's taxes unless the parties to the escrow furnish you with an amount mutually agreed to, which sum shall be used as the basis for said proration. The General Provisions of the Escrow Holder which follow are incorporated as a part of these escrow instructions and are accepted and concurred in by the parties to this escrow whose signatures appear below. _cy 0 e Escrow No. : 125412 Date : 03/02/93 Page :3 Escrow Officer: DANIELLE F. COOK GENERAL PROVISIONS 1. All prorations and adjustments called for in this escrow are to be made on the basia of a 30 day month unless otherwise instructed in writing. payment, adjustment or proration of Homeowners Association (or similar) charge, fee or unrecorded lien unless set forth in the escrow instructions. You are not responsible for any 2. The phrase "close of escrow'' (or COE or CE) as used in this escrow means the date on which documents are recorded, unless otherwiae specified. 3. Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy of title insurance called for, is authorized. 4. You are authorized and instructed to furnish a copy of these instructions, any amendments thereto and/or final closing statement to the Real Estate Broker representing any of the parties in this transaction, also to any lender holding or contemplating a loan against the subject property. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by written mutual instructions. You may, however, do so without incurring liability to any party for such submission. You are hereby authorized to submit such reports to any proposed lender. 5. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Commonwealth Land Title Company, with any state or national bank, and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of Commonwealth Land Title Company. Commonwealth Land Title Company shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. 6. These instructions shall become effective as an escrow only upon receipt thereof by Escrow Holder as signed by all parties thereto and acceptance by Escrow Holder. Neither a Real Estate Deposit Receipt nor any other agreement between the principals shall constitute Escrow Instructions. 7. You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documente of record or those handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder, and for the disposition of the same in accordance with the written instructions accepted by you in this escrow. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, lOS8ES or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful(neg1ect) or(gross) misconduct. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. 0. You are to be concerned only with the directives specifically set forth in the escrow instructions and amendments thereto, and are not to be concerned or liable for items designated as "memoranda" in the within escrow instructions nor with any other agreement or contract between the parties. Notwithstanding that provisions of the Real Estate Deposit Receipt or any other agreement may be a part of these Escrow Instructions, said provisions shall not be applicable to Escrow Holder. Any amendments of or supplements to any instructions affecting this escrow must be in writing. Signatures on any documents and instructions pertaining to this escrow indicate the signer's unconditional approval thereof. 9. You are not to be concerned with any questions of usury in any loan or encumbrance involved in the proceesing of this escrow and you are hereby released from any responsibility or liability therefor. 10. If there is no written activity by a principal delivered to this escrow within any six-month period after the time limit date as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the respective parties depositing same, less fees and charges herein provided. e e . : 125412 Escrow No. Date ; 03/02/93 Escrow Officer: DANIELLE F. COOK Page :4 11. upon receipt of any conflicting or unilateral instructions, other than cancellation instructions described in paragraph 16 below, you are no longer obligated to take any further action in connection with this escrow until further concurring instructions are received from the principals to this escrow. 12. In the event of failure to pay fees or expenses due you hereunder on demand I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 13. The parties hereto acknowledge that they have been advised that title companies and Escrow Holders are not authorized to give legal advice and that if they desire legal advice they should consult an attorney. 14. Any funds abandoned or remaining unclaimed, after good faith efforts have been made by the escrow holder to return same to the party(ies) entitled thereto, shall be assessed a custodian fee of $25.00 per month. unclaimed may escheat to the State of California. 15. You shall have no responsibility of notifying me or any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any property herein described or of any profit realized by any person, firm or corporation in connection therewith, regardless of the fact that such transaction(8) may be handled by you in this escrow or in another escrow. 16. If a demand to cancel is submitted after the time limit date, any principal so requesting After three years the amount thereafter remaining you to cancel this escrow ehall file notice of demand to cancel in your office in writing. you shall within five (5) working days thereafter mail by certified mail one copy of such notice to each of the other principal8 at thO addresses stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15) calendar days after date of such mailing, you are authorized to cancel this escrow. documents in this escrow and take no further action until otherwise directed, either by the principals mutual written instructions or by final order of a court of competent jurisdiction. lender's demand. If written objection is filed with you, you are authorized to hold all money and- If this is a sale escrow, you may return lender's papers and/or funds upon 17. In the event of cancellation of this escrow, the fees and charges due Commonwealth Land Title Company including expenditures incurred or authorized shall be borne by the parties hereto unless otherwise specifically agreed to or determined by a court of competent jurisdiction. 18. In the event of cancellation of this escrow, you are authorized to demand payment of your charges and, on payment thereof, return documents and monies to the respective parties depositing same or for whose benefit an unconditional deposit was made; and to void executed instruments. 19. The principals hereto understand and acknowledge that you, as escrow holder,have the absolute right at your election to file an action in interpleader in a court of competent jurisdiction requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and fund8 held in this escrow. principals jointly and severally agree to pay your cancellation charges and costs, expenses, reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of this escrow. In the event such action is filed, the 20. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow or cancellation thereof, without liability and without further notice to parties to the transaction after close of escrow or cancellation in accordance with Escrow Holder's usual and customary practice. L 0 0 Escrow No, : 125412 Date : 03/02/93 Page :5 Escrow Officer: DANIELLE F. COOK 21. A controversy between Escrow Holder and the principals arising out of any escrow involving less than $25,000.00 may be arbitrated at the option of either the Escrow Holder or the principals, pursuant to the Rules of the American Arbitration Association in effect on the date of the demand for arbitration, or at the option of the principals, .the Rules in effect at the date escrow is closed. Escrow Holder and the principals. The arbitration award may include attorney’s fees to the prevailing party, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall be binding upon Time is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DATE provided herein and written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with Paragraph 16 of said General Provisions. In the event one or more of the above General Provisions is held to be invalid in judicial proceedings, the remaining respective General Provisions will continue to be operative. Principals will hand you any funds and instructions required from each respectively to complete this escrow. If no demand for cancellation is made, you will proceed to close this escrow when the principals have complied with the escrow instructions. These instructions may be executed in counterparts, each of which shall be deemed an original regardless of date of execution or deliver, and together shall constitute one and the same documents. If these instructions relate to sale, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof. All documents, balances and statement8 due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise directed. In these instructions, whenever the context so requires, the masculine gender includes the femine and/or neuter, and the singular number includes the plural. If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. ALL OF THE TERMS, CONDITIONS AND PROVISIONS AS SET FORTH HEREINABOVE ARE APPROVED, ACCEPTED - AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR HEREIN. .- 1 -* 0 e _. Escrow No. : 125412 Page :6 Escrow Officer: DANIELLE Date : 03/02/93 BUYER(S) SIGNATURE(S) : BY Name /Tit le The foregoing terms, conditions and instructions are hereby concurred in, approved a accepted. I will hand you all instruments and money necessary of me to enable you t therewith, which you are authorized to use and/or deliver when you hold in this escr account the funds, prorata adjustments and instruments deliverable to me under these instructions. Indicate on deed required documentary transfer tax and charge my acco therefor. SELLER(S) SIGNATURE(S) : Cecil A. Smith, Trustee Caroline Smith, Trustee r 0 e EXHIBIT "A" PARCEL 2 - TEMPORARY CONSTRUCTION AND SLOPE EASEMENT A PORTION OF LOT 171 OF CARLSBAD TRACT 73-24. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 5,1974, A CERTIFICATE OF CORRECTION THERETO RECORDED JUNE 22, 1988 AS FILE NO. 88- 298562 OF OFFICIAL RECORDS. COMMENCING AT THE CENTERLINE INTERSECTION OF PASEO DEL NORTE WITH POINSFZITIA LANE AS SHOWN IN SAID MAP NO. 7996 THENCE SOUTH 76 o 54'08' WEST (NORTH 76 '54'40' EAST RECORD AND CALTRANS RWL03760-3767, M.S. 775) 200.05 FEET: THENCE SOUTH 13 a 05'52" EAST 34.25 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 171, SAID POINT ALSO BEING THE WESTERLY TERMINUS OF THE SOUTHERLY LINE OF DEDICATION TO THE CITY OF CARLSBAD PER SAID MAP NO. 7996. SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 13'05'52' WEST (SOUTH 13'05'20' WEST RECORD) 15.75 (15.75 RECORD) FEET, ALONG A WESTERLY LINE OF SAID LOT 171; THENCE SOUTH 13 * 05'52' WEST 9.27 FEET; THENCE NORTH 74'55'02' EAST 89.90 FEET TO THE BEGINNING A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1916.00 FEET; THENCE EASTERLY 91.44 FEET AND SAID CURVE THROUGH A CENTRAL ANGLE OF 2'44'04' TO THE EASTERLY LINE OF SAID LOT 171, TO WHICH A RADIAL LINE BEARS NORTH 12'20'54'WEST; THENCE NORTH 16'3254' WEST (NORTH 16'3227' WEST RECORD) 1.67 FEET ALONG SAID EASTERLY LINE TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET: PAGE 1 OF 2 * iD 0 THENCE NORTHERLY AND WESTERLY 37.76 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 171 THROUGH A CENTRAL ANGLE OF a6~325r TO THE BEGINNING OF A COMPOUND CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 12"20'54" WEST, SAID CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1941.00 FEET, THENCE WESTERLY 67.25 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 171 AND THE SOUTHERLY LINE OF DEDICATION TO THE CITY OF CARLSBAD AS SHOWN ON MAP NO. 171 THROUGH A CENTRAL ANGLE OF 01 "59'07'; THENCE SOUTH 74'55'02' WEST 89.03 (NORTH 74'55'29' EAST 89.03 FEET RECORD) ALONG A NORTHERLY LINE OF SAID LOT 171 TO THE POINT OF BEGINNING. THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31, 1995 OR AT THE END OF CONSTRUCTION, WHICHNER COMES FIRST. THE ABOVE DESCRIBED PARCEL CONTAINING 4399 SQUARE FEET MORE OR LESS. Basis of Bearinm Bearings are based on California Coordinate System, Zone 6 and based on two monuments as shown on Caltrans RWLO 3760-3767 M.S. 775 are described as follows: (1) Monument 5-45.6A, L & T w/CDH Tag North 342,418.20' North 349,338.84' East 1,675,396.66' East 1,671,920.76' This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 5-47.0, L & T in Bridge Curb SO-C17-3X-54/83-i9.0OC/KLW/dk~/~/O71692 PAGE 2 OF 2 0 0 9 * ZSCROW ?io. NOTIFICATION OF CAL,IFORNIA WITHHOLDING 3EQUIREMENTS FOR NON-RESIDENT TRANSFERORS ‘In acccraance with Sections 18805 and 26131 of the Revenue and Taxation the sales price, in the case of a disposition of California real property Code, 2 Duyer may be required to withhold an amount equal to 3 1/3% of znterest by either: 1. A seller who is an individual with a last known street address outsrde of California or when the disbursement instructions authorize the proceeds be sent to a finayial intermediary of the seller, OR 5 2. A corporate seller which has no permanent place of business in California,. For failure to withhold, the buyer may become subject to a penalty in an amount equal to the greater of 10 percent of the amount required to be ,withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold and amount or be subject to penalty for failure to withhold if: a. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR b. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR c. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller’s principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis.” c 0 d) .) w COMMONWEALTH LAND TITLE COMPANY 1455 Frazee Road, Suite 600, P.O. Box 82028 San Diego, CA 92108 (619) 686-6000 Escrow Officer: DANIELLE F. COOK Escrow No.: 125412 ESCROW OFFICER E ST IMATED BUYER'S CLOSING STATEMENT Buyer : City of Carlsbad DEBIT CREDIT ............................................................................................... Total Consideration $18,800.00 ESCROW FEES, TITLE CHARGES SETTLEMENT CHARGE 250.00 DOCUMENT PREPARATION 20.00 CUSHION 250.00 OWNER'S COVERAGE 330.00 RECEIPT DUE FROM BUYER 19,650.00 $19,650.00 $19,650.00 -------------- --------------