HomeMy WebLinkAbout1995-04-04; City Council; 13085; AUTHORIZATION FOR ACQUIRING RIGHTS-OF-WAY FOR THE LA COSTA AVENUE AND I-5 INTERCHANGE PROJECT NO. 3219AUTHORIZATION FOR AB # !?,0g5 TITLE:
MTG. 4/04/95 ACQUIRING RIGHTS-OF-WAY FOR THE
DEPT. ENG LA COSTA AVENUE/I-5 INTERCHANGE
PROJECT NO. 3219
DEPT
CITY
CITY r
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OF CARLSBAD - AGEWA BILL 3’ cW
RECOMMENDED ACTION:
Adopt Resolution No. cis-8 1 authorizing submittal of escrow documents, appror
rights-of-way for the La Costa Avenue/l-5 Interchange.
of funds and granting the Mayor authority to execute documents for acquisi
ITEM EXPLANATION:
On July 7, 1992, the City Council authorized staff to proceed with the design
La Costa Avenue/l-5 Interchange improvements. Design plans are 4 66% compll
order to construct the project, the acquisition of rights-of-way is needed from two
property owners.
Negotiations with the property owners are complete for acquisition of rights-of-way
of the parcels needed to construct the project. Cost of the acquisition for Project Pi
owned by Chevron USA, Inc., is approximately $14,900. Parcel 2 owned by the Nor
Family Trust is $500. Total acquisition costs for both parcels, including escrow fe
approximately $20,000.
Staff is also requesting that City Council authorize the Mayor to execute the
documents.
FISCAL I M PACT:
Costs of the rights-of-way acquisition are approximately $20,000. Funds in the arr
$384,270 are available in Project Account No. 430-820-1 890-3219.
EXHIBITS:
1. Location map.
2. Resolution No. 9 F* 8 1 authorizing submittal of escrow documents, appro
of funds and granting the Mayor authority to execute documents for acqui:
rights-of-way for the La Costa Avenue/ld Interchange.
3. Escrow documents, Parcel 1 and Parcel 2.
PROJECT NAME PROJECT
NUMBER LA COSTA AVENUE/I-5 OVERPASS 3219
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RESOLUTION NO. 9 5 - 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING SUBMllTAL OF ESCROW DOCUMENTS
AND GRANTING THE MAYOR AUTHORITY TO EXECUTE DOCUMENTS
FOR ACQUISITION OF RIGHTS-OF-WAY FOR THE LA COSTA
AVENUE114 INTERCHANGE.
WHEREAS, the City Council of the City of Carlsbad has deemed it necessary
public interest to proceed with construction of improvements to the intersection o'
Avenue and Interstate 5; and
WHEREAS, the City Council has reviewed the necessity of acquiring certain rig
in order to construct said project.
NOW, THEREFORE, BE IT RESOLVED by the Clty Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That the Council hereby authorizes staff to submit escrow documents
Parcel 1, owned by Chevron USA, Inc., and Project Parcel 2, owned by Namiyama F:
That the Council hereby authorizes the expenditure of funds necessary fc
Project Parcel 1 in an amount not-to-exceed $14,900 and Project Parcel 2 not-to-ei
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and escrow costs not-to-exceed $4,600.
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4. That the Council hereby authorizes the Mayor to execute necessary doc
behalf of the City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 4th day of APRIL , 1995 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
ALETHA L RAUT (SEAL)
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Commonwealth Land Title Company
1455 WEE ROAD, SUITE 600, P.O. BOX 82028
SAN DIEGO CA 92108
(619)686-6000 - Phone
(619)686-6116 - Fax
March 17, 1995
The City of Carlsbad Engineering Department Attn: Pat Entezari 2075 Las Palmas Drive Carlsbad, CA 92009-1576
Escrow No.: 128441
For use in your escrow at this office, we will appreciate your sending us, if meet with your approval, the items listed below. Your prompt delivery of thesc items will materially assist in the completion of your escrow.
SIGN AND RETURN THE FOLLOWING: Escrow Instructions Cal f i rpta
Copy of preliminary title report enclosed for your information Estimated closing statement
Sel f addressed envel ope encl osed for your conveni ence.
, e
TO:
COMMONWEALTH LAND TITLE COMPANY 1455 Frazee Road, Suite 600, P.O. Box 82028 San Diego, CA 92108
Date Escrow No. i 123$441'95
NOTIFICATION OF CALIFORNIA WITHHOLDING REQUIREMENTS FOR NON-RES IDENT TRANSFERORS
"In accordance with Sections 18805 and 26131 of the Revenue and Taxation Cod1 buyer may be required to withhold an amount equal to 3 1/3% of the sales pril the case of a disposition of California real property interest by either:
1. A seller who is an individual with a last known street address outside o California or when the disbursement instructions authorize the proceeds I sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in Californil
For failure to withhold, the buyer may become subject to a penalty in an amoi equal to the greater of 10 percent of the amount required to be withheld or hundred dollars ($500).
However, notwithstanding any other provision included in the California stat referenced above, no buyer will be required to withhold an amount or be subjl
The sales price of the California real property conveyed does not e. one hundred thousand dollars ($lOO,OOO), OR
The seller executes a written certificate, under the penalty of per, 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, UI the enalty of perjury, that the California real property being con1
Internal Revenue Code).
penalty for failure to withhold if:
a.
b.
is t R e seller's principal residence (as defined in Section 1034 of
The seller is subject to enalty for knowingly filing a fraudulent certifica
The California statutes referenced above include provisions which authorize Franchise Tax Board to grant reduced withholding and waivers from withholdinc case-by-case basis. "
the purpose of avoiding t F: e withholding requirement.
BUYER(S) SIGNATURE(S):
City Clerk
r e
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SALE ESCROW INSTRUCTIONS
THIS DOCQJTMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY!
TO: COMMONWEALTH LAND TITLE COMPANY Escrow No.: 128441 1455 FRAZEE ROAD, SUITE 600 Date: 03/13/95
P.O. BOX 82028 Page: 1
SAN DIEGO, CA 92108 (619) 686-6000 Escrow Officer: Danielle Frangos Cook
THE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WHICH IS LICE BY THE CALIFORNIA DEPARTMENT OF INSURANCE.
Buyer will hand you prior to closing ............................................ $
TOTAL CONSIDERATION 8
and any additional funds and instruments required from me to enable you to comply wit instructions, which you are to use on or before May 17, 1995, and when Commonwealth I can issue a Standard Policy of Title Insurance Owners form, with liability of $500.0C
property in County of San Diego, State of California viz:
Commonly known as: on/off ramp widening/easement, Encinitas, California
An easement for La Costa Avenue right- of-way and a temporary easement for construction and grading as set forth on the attached Exhibit "A" hereby made a part hereof
Except any reservations of record of minerals, oil, gas, water, carbons and hydrocarb
Showing title vested in:
The City of Carlsbad, a municipal corporation
Free from encumbrance except:
A. Current general and special taxes for the fiscal year in which this escrow clo taxes for the ensuing year, if any, a lien not yet due or payable.
B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State California.
C. Special improvement assessments, if any.
D. Easements, rights, rights of way, covenants, conditions, restrictions and rese record.
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1 - Escrow No. : 128441 Date : 03/13/95
Page :2 Escrow Officer: Danielle Fr
ADDITIONAL INSTRUCTIONS:
1. The closing of this escrow is contingent upon the Buyer's approval of the prel
report issued on the subject property. The Buyer's deposit of funds to close escrow shall be deemed satisfaction of this contingency.
If applicab?e, Escrow Holder is instructed to release the executed Easement De
the City of Carlsbad for acceptance by the Mayor-as to the form only and not a delivery to title. The redeposit into escrow of the executed Easement Deeds b the Mayor's "acceptance" and the necessary funds shall constitute satisfaction Mayor's acceptance of the Easement Deeds and authorization of the City Council
There is to be no proration of taxes by Escrow Holder. Property taxes due or must be paid in full by Seller prior to the close of escrow with reimbursement any, beyond the close of escrow to be refunded by the County Tax Collector. I event at the close of escrow unpaid taxes exist, Seller shall cause to be hand Escrow Holder proof of payment or shall cause to be handed to Escrow Holder th necessary stubs and Escrow Holder shall pay same at the close of escrow, toget any penalties, if applicable, charging the account of Seller. Any property ta 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 close of escrow.
There shall be no prorations and/or adjustments made through this escrow.
Escrow Holder is authorized and instructed to debit the City of Carlsbad at thl of escrow all closing costs including, but not limited to, owner's title insur 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 transf
2.
3.
4.
5.
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 payof assessments and/or taxes, also any encumbrances of record, plus accrued intere charges, if any, to place title for a condition called for in these instructio
Escrow Holder is in no way concerned with fire/hazard/liability insurance on tl subject property.
The parties hereto acknowledge that they have signed a letter agreement dated t 23, 1995 a copy of which is attached hereto for reference purposes only as Exh "B". Escrow Holder shall be bound solely by these escrow instructions and sha' be concerned with said letter agreement.
7.
8.
Unless the parties otherwise instruct you, you are to base your prorations and adjust! information contained on the beneficiary's statement(s) furnished you by lender(s) of (any impounds shown on said beneficiary's statement(s) are tn be charged to Buyer and credited to Seller), rental statement as handed you by Seller and approved by Buyer (I deposits, cleaning fees and advance rents as shown on rental statement are to be char! Seller and credited to Buyer), association statement furnished you by the Homeowner's
Association and/or its designated management company, fire insurance policy deposited 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 publicl:
and published, you are instructed to prorate the taxes based upon the immediately prec year's taxes unless the parties to the escrow furnish you with an amount mutually agri
which sum shall be used as the basis for said proration.
w 0 0 . Escrow No. : 128441 Date : 03/13/95 Page :3 Escrow Officer: Danielle Fr
The General Provisions of the Escrow Holder which follow are incorporated as a part o
escrow instructions and are accepted and concurred in by the parties to this escrow w signatures appear below.
GENERAL PROVISIONS
1. All prorations and adjustments called for in this escrow are to be made on the ba
30 day month unless otherwise instructed in writing. You are not responsible for
payment, adjustment or proration of Homeowners Association (or similar) charge, f 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 which documents are recorded, unless otherwise specified.
3. Recordation of any instruments delivered through this escrow, if necessary or pra
the issuance of the policy of title insurance called for, is authorized.
You are authorized and instructed to furnish a copy of these instructions, any am
thereto and/or final closing statement to the Real Estate Broker representing any parties in this transaction, also to any lender holding or contemplating a loan a
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 wri
mutual instructions. You may, however, do so without incurring liability to any for such submission. You are hereby authorized to submit such reports to any pro 1 ender .
All funds received in this escrow shall be deposited with other escrow funds in a
escrow account or accounts of Commonwealth Land Title Company, with any state or
bank, and may be transferred to any other such general escrow account or accounts
disbursements shall be made by check of Commonwealth Land Title Company. Commonw Land Title Company shall not be responsible for any delay in closing if funds rec escrow are not available for immediate withdrawal. Said bank account(s) may or m be insured by the Federal Deposit Insurance Corporation and all risk of loss shal to the principals.
These instructions shall become effective as an escrow only upon receipt thereof Escrow Holder as signed by all parties thereto and acceptance by Escrow Holder. a Real Estate Deposit Receipt nor any other agreement between the principals shal constitute Escrow Instructions.
You shall not be responsible or liable in any manner whatsoever for the sufficien correctness as to form, manner of execution or validity of any documents deposite escrow, nor as to the identity, authority or rights of any person executing the s either as to documents of record or those handled in this escrow. Your duties he shall be limited to the safekeeping of such money and documents received by you a holder, and for the disposition of the same in accordance with the written instru accepted by you in this escrow. omissions done in good faith, nor for any claims, demands, losses or damages made claimed or suffered by any party to this escrow, exceptir.3 such as may arise thro be caused by your willful (neglect) or(gross) misconduct. You shall not be requirl take any action in connection with the collection, maturity or apparent outlaw of obligations deposited in this escrow, unless otherwise instructed.
You are to be concerned only with the directives specifically set forth in the es instructions and amendments thereto, and are not to be concerned or liable for it designated as "memoranda" in the within escrow instructions nor with any other ag or contract between the parties. Notwithstanding that provisions of the Real Est Deposit Receipt or any other agreement may be a part of these Escrow Instructions
any instructions affecting this escrow must be in writing. Signatures on any doc1
and instructions pertaining to this escrow indicate the signer's unconditional apl thereof.
4.
5.
6.
7.
You shall not be liable for any of your acts or
8.
provisions shall not be applicable to Escrow Holder. Any amendments of or supple1
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4 - Escrow No. : 128441 Date : 03/13/95
Escrow Officer: Danielle Fr Page :4
9. You are not to be concerned with any questions of usury in any loan or encumbranc
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 escrow within an
six-month period after the time limit date as set forth in the escrow instruction written extension thereof, your agency obligation shall terminate at your option documents, monies or other items held by you shall be returned to the respective
depositing same, ’less fees and charges herein provided.
11. Upon receipt of any conflicting or unilateral instructions, other than cancellati
instructions described in paragraph 16 below, you are no longer obligated to take further action in connection with this escrow until further concurring instructio received from the principals to this escrow.
12. In the event of failure to pay fees or expenses due you hereunder on demand I agr
pay a reasonable fee for any attorney’s services which may be required to collect fees or expenses.
13. The parties hereto acknowledge that they have been advised that title companies a Escrow Holders are not authorized to give legal advice and that if they desire le advice they should consult an attorney.
14. Any funds abandoned or remaining unclaimed, after good faith efforts have been ma the escrow holder to return same to the party(ies) entitled thereto, shall be ass custodian fee of $25.00 per month. After three years the amount thereafter remai
unclaimed may escheat to the State of California.
15. You shall have no responsibility of notifying me or any of the parties to this es any sale, resale, loan, exchange or other transaction involving any property here described or of any profit realized by any person, firm or corporation in connect
therewith, regardless of the fact that such transaction(s) may be handled by you escrow or in another escrow.
16. If a demand to cancel is submitted after the time limit date, any principal so re 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 rnai
copy of such notice to each of the other principals at the addresses stated in th escrow.
fifteen (15) calendar days after date of such mailing, you are authorized to canc escrow. If written objection is filed with you, you are authorized to hold all m documents in this escrow and take no further action until otherwise directed, eit the principals mutual written instructions or by final order of a court of compet jurisdiction. If this is a sale escrow, you may return lender’s papers and/or fu lender’s demand.
17. In the event of cancellation of this escrow, the fees and charges due Commonwealt Title Company including expenditures incurred or authorized shall be borne by the hereto unless otherwise specifically agreed to or determined by a court of compet juri sdi ct i on.
18. In the event of cancellation of this escrow, you are authorized to demand payment charges and, on payment thereof, return documents and monies to the respective pa
depositing same or for whose benefit an unconditional deposit was made; and to vo
Unless written objection thereto is filed in your office by a principal
executed instruments.
19. The principals hereto understand and acknowledge that you, as escrow holder,have absolute right at your election to file an action in interpleader in a court of c
jurisdiction requiring the principals to answer and litigate their several claims rights among themselves and you are authorized to deposit with the clerk of the c 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 interpleader action, the amount thereof to be fixed and judgment to be rendered b 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 othe imposed by the terms of this escrow.
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: 128441 Escrow No. Date : 03/13/95
Escrow Officer: Danielle Fr Page :5
20. You are authorized to destroy or otherwise dispose of any and all documents, pape instructions, correspondence and other material pertaining to this escrow or canci thereof, without liability and without further notice to parties to the transactil close of escrow or cancellation in accordance with Escrow Holder’s usual and cust pract i ce.
involving less than $25,000.00 may be arbitrated at the option of either the Escr Holder or the principals, pursuant to the Rules of the American Arbitration Assoc in effect on the date of the demand for arbitration, or at the option of the prin the Rules in effect at the date escrow is closed. Arbitration shall be binding u
Escrow Holder and the principals, The arbitration award may include attorney’s f
the prevailing party, and judgment upon the award rendered by the arbitrator(s) m entered in any court having jurisdiction thereof.
Time is of the essence of these instructions. If this escrow is not in a condition t by the TIME LIMIT DATE provided herein and written demand for cancellation is receive from any principal to this escrow after said date, you shall act in accordance with P 16 of said General Provisions. In the event one or more of the above General Provisi held to be invalid in judicial proceedings, the remaining respective General Provisio continue to be operative. Principals will hand you any funds and instructions requir 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 exe counterparts, each of which shall be deemed an original regardless of date of executi deliver, and together shall constitute one and the same documents. If these instruct relate to sale, buyer agrees to buy and seller agrees to sell upon the terms and cond hereof. All documents, balances and statements due the undersigned are to be mailed
respective addresses shown herein, unless otherwise directed. In these instructions,
whenever the context so requires, the mascul ine gender includes the femine and/or neu 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, ACl AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR HEREIN.
21. A controversy between Escrow Holder and the principals arising out of any escrow
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Escrow No. : 128441 Date : 03/13/95 Page :6
Escrow Officer: Danielle F
BUYER(S) SIGNATURE(S):
The City of Carlsbad
a municipal corporation
ay
Name/Title
BY
Name/Title
Mailing: The City of Carlsbad, 2075 Las Palmas Drive, Carlsbad, CA 92009-1576
The foregoing terms, conditions and instructions are hereby concurred in, approved ai 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.
SELLER(S) SIGNATURE(S):
Tetsuo Tim Nomiyama, Trustee
Tsuru Nomiyama, Trustee
of the Tetsuo Tim Nomiyama and Tsuru
Nomiyama Revocable Living Trust
dated May 9, 1991
Mailing: Tetsuo Tim Nomiyama and Tsuru Nomiyama, 7072 Spruce Street, Westminster, CI
92683-4230
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EXHIBIT ',I%
Parcel A:
All that portion of Lot 1 of Avocado Acres No. 3, in the City of EncinitaS, County of
Diego, State of California, according to Map thereof No. 2063, fded in the Office of tf
County Recorder of San Diego County, October 3, 1927, described as follows:
Commencing at the Southwest comer of said Lot 1, Map 2063, said comer also lies on
Northerly boundary of the Public Road known as La Costa Avenue per Road Survey 34
and Road Survey 1796; thence Easterly along the Northerly boundary of said La Costa
Avenue, South 89" 23' 15" East (record South 89" 52' East per said Map 2063)(for the
purpose of this description, bearings are in terms of the California State Plane Coordina
System, NAD27, Zone VI) 17.81 feet to the point of beginning; thence continuing alor
said Northerly boundary, South 89" 23' 15" East 93.50 feet to the Westerly boundary c
parcel of land described as Parcel 3 conveyed to Chevron U.S.A. Inc., a corporation bj
deed filed on December 12. 1984. as File No. 84-462951, of Official Records: thence
Northerly along said boundary, North 00" 20' 38" West (record North OO"50'30" West'
7.57 feet; thence leaving said boundary, South 83" 43' 22" West 3.48 feet to a point on
non-tangent 1080.54 foot radius curve concave Northerly, a mdid to said point bears Sc
06" 19' 37" East; thence Westerly along said curve 90.22 feet through a central angle o
04" 47' 02" to the point of beginning.
Parcel B:
All that portion of Lot 1 of Avocado Acres No. 3, in the City of Encinitas, County of S
Diego, State of California, according to Map thereof No. 2063, fded in the Office of the
County Recorder of San Diego County, October 3, 1927, described as follows:
Beginning at the Southwest corner of said Lot 1, Map 2063, said comer also Lies on the
Northerly boundary of the Public Road known as La Costa Avenue per Road Survey 34t
and Road Survey 1796; thence Easterly along the Northerly boundary of said La Costa
Avenue, South 89" 23' 15" East (record South 89" 52' East per said Map 2063)(for the
purpose of this description, bearings are in terms of the California State Plane Coordinat.
System, NAD27. Zone VI) 17.81 feet to a point on a non-tangent 1080.54 foot radius cu
concave Northerly, a radial to said point bears South 01" 32' 35" East; thence Easterly
along said curve 90.22 feet through a central angle of 04" 47' 02"; thence North 83" 43'
22" East 3.48 feet to the Westerly boundary of a parcel of land described as Parcel 3
conveyed to Chevron U.S.A. Inc.. a corporation, by deed fded on December 12. 1984. a
File No. 84-46295 1. of Official Records: thence Northerly along said boundary, North 01
20' 38" West (record North OO"50'30" West) 10.05 feet: thence leaving said boundary,
South 83" 43' 22" West 4.53 feet to a point on a non-tangent 1070.54 foot radius curve
concave Northerly, a radial to said pomt bears South 06" 19' 37" East; thence Westerly
along said curve 89.39 feet through a central angle of 04" 47' 02"; thence North 89" 23'
15" West 17.60 feet to the Westerly boundary of said Lot 1: thence South OOo 20' 38" E
(record s OO"50'30" East) 10.00 feet along said boundary to the point of beginning.
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Exhibit "B"
WILLIAM L MacFARIAN
11417 W. BERNARDO COI JANMAC, INC.
SAN DIEGO, CA 92127-16 GWV (619)451-1402 FAX(619)4!
EXPROPRLATION CONSULTANTS
January 23, 1995
CERTIFIED MA&N3UW RECEIPT REQUESTED
Mr. & Mrs. 'IETSUO T. NOMIYAMA
TRUSTEES
7072 SPRUCE STREET
WESTMINSTER, CA 92683-4230
Re: R/WOlNOMI
Project:
Vesting:
On/Off Ramp Widening of La Costa Avenuen-5 Interchange
TETSUO TIM NOMIYAMA AND TSURU NOMNAMA, TRUSTEES OF THE
"ETSUO TIM NOMIYAMA AND TSURU NOMrYAMA REVOCABLE LIVIN(
TRUST DATED May 9, 1991
Northwest Quadrant of La Costa Avenue and Interstate 5
Encinitas, CA 92024
Offer To Purchase Right-of-way (Partial Taking)
Location:
Subject:
APN 216-030-48
Dear Mr. & Mrs. Nomiyama:
My firm has been retained by the CITY OF CARLSBAD to negotiate, on its behalf, the acquisitioi
real property required for the widening and construction of improvements associated with the La C
Avenue & 1-5 Interchange project. The construction of the improvements in the manner proposed
the City of Carlsbad requires a partial taking of your pnperty located within the northwest quadran
La Costa Avenue and Interstate 5 in Encinitas, California. The proposed right-of-way taking and
temporary construction easement is shown on the enclosed plat.
The City of Carlsbad retained the appraisal services of Kibbey/Samppala Group, Real Estate
AppraisersKonsultants, to estimate the "Fair Market Value" of the proposed acquisition. The
appraiser's fair market value estimate is shown on the enclosed "Appraisal Summary Statement". C
purchase said right-of-way and acquire a temporary construction easement for a total consideratior
3500.
The enclosed brochure titled "THE PUBLIC ACQUISITION PROCESS" is for your information an
presents a summary of public acquisition intitlements and procedures.
the basis of this lndependent fee appraisal dated October 27, 1994, the City of Carisbad is prepared
(arlsbadUca&iSUettersUINOh
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Re: WOlNOMI January 23
A negotiated settlement shall include, but not necessarily be limited, to the following terms and
conditions:
1. An escrow will be opened with COMMONWEALTH LAND TlTLE INSURANCE
COMPANY through which the street right-of-way will be conveyed by grant deed and the temp
construction easement will be conveyed by easement deed to the CITY OF CARLSBAD free and
of any and dl liens, encumbrances, options, and leasehold interests for a total consideration of $3
_. 7
county taxes, assessment liens, federal and state tax liens, creditor judgments and beneficiaries of 1
deeds in connection with obtaining free and clear title.
3.
closing including the processing of lien releases, full reconveyances and the cost of a Policy Of Ti
Insurance.
-
The proceeds related to the purchase of said property may be subject to payment demands
The City of Carisbad will pay all eligible incidental expenses associated with the escrow
4. The proposed acquisition is subject to the City of Carisbad reviewing the Preliminary Titll
Report, sigrung the escrow instructions and accepting the conveyance document.
If the above acquisition offer meets with your approval, please sign the enclosed copy of this letter
and return same in the enclosed self-addressed envelope. An escrow will be opened upon your
approval of the above terms.
If you have any questions regarding the project or the terms of the acquisition proposal, please calI
at your earliest convenience so that I may arrange to meet with you.
I would appreciate your response to this offer by the 15th of February 1995.
* Ve~trulyyours* 16-k TE&/,tflk ~O$J&(~&~/op # z’,F-FT TBd &j
/x mflE &If+ TB€ ~MBJ/7!&/+ e ON dC/Uj/RO,J />* 9 mE mGFr )dQnm&T- h4LL a & pr Po COST Fd r?g /bomry/SM+$ flpd TH,
ooJrJ JMk hi 4? W@#.q*-d /v+/( efl /t& mfi !&iLly Aha, d ,N ,-BL fd,.up& ,
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W.L. MacFarlane, sRNA
Expropriation Consultant to
THE CITY OF CARLSBAD
wwwp 1
Enclosures
cc: Pat Ente.z&Prgiect. Manager, City of Carlsbad _.
F.R. Clark Fernon, Boyle Engineering
James Naughton, Sr., Kibbey/Samppala Group
James Dela Rosa, Caltrans - District 11
7
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c
Re: WOlNOMI January 22
OFFER ACCEPTED: DATED: 42fipG
TETSUO TIM NOMYAMA AND TSURU NOMIYAMA, TRUSTEES OF THE TETSUO TIM NOMIYI AND TSURU MONIYAMA REVOCABLE LIVING TRUST DATED May 9,1991
BY:
TETSUO TIM N
h
BY: J&Gt.r.y %-’&
TSURU NOMIYAMA, Tdtee
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Commonwealth Land Title Corn any 1 l
Estimated Buyer’s Settlement Statement Escrow No.: 128441
Buyer: The City of Carlsbad
Property:
Escrow Officer: Danielle Frangos Cook
Date :
on/off ramp wjden;ng/easement, Encinitas, CaI ifornia
March 17, 1995 DEBIT c
TOTAL CONSIDERATION $500.00
PRORATIONS
BROKER’S COMMISSION
LENDER CHARGES
RESERVES
ESCROW FEES, TITLE CHARGES
Settlement Charge 400 - 00
400.00 Owner’s Title Premi urn
RECORDING FEES, TRANSFER TAXES
ADDITIONAL CHARGES escrow p ad
RECEIPT DUE FROM BUYER
250.00
$1,550.00 $
'h
e e I-
Commonwealth 2J Land Title Company
1455 FRAZEE ROAD, SUITE 600, P.O. BOX 82028
SAN DIEGO CA 92108
(619)686-6000 - Phone
(619)686-6116 - Fax
March 17, 1995
The City of Carlsbad Engineering Department Attn: Pat Entezari 2075 Las Palmas Drive Carlsbad, CA 92009-1576
Escrow No. : 128442
For use in your escrow at this office, we will appreciate your sending us, if meet with your approval, the items listed below. Your prompt delivery of these items will materially assist in the completion of your escrow.
SIGN AND RETURN THE FOLLOWING: Escrow Instructions Cal f i rpta
Copy of preliminary title report enclosed for your information Estimated closing statement
Escrow Officer
Self addressed envelope enclosed for your convenience.
e m
-
TO :
COMMONWEALTH LAND TITLE COMPANY
San Diego, CA 92108
Date : March 17, 1995 Escrow No.: 128442
1455 Frazee Road, Suite 600, P.O. Box 82028
NOTIFICATION OF CALIFORNIA WITHHOLDING REQUIREMENTS FOR NON-RESIDENT TRANSFERORS
"In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3,1/3% of the sales price, in the case of a disposition of California real property interest by either:
1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR
A corporate seller which has no permanent place of business in California. 2.
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 dol 1 ars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold an amount or be subject to penalty for failure to withhold if:
a.
b.
The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR
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
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).
c. The seller, who is an individual, executes a written certificate, under
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. "
BUYER(S) SIGNATURE(S):
The City of Carlsbad a municipal corporation
BY name/ I1 t I e
Name/Title BY
e 0
t SALE ESCROW INSTRUCTIONS
THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY!
TO: COMMONWEALTH LAND TITLE COMPANY Escrow No.: 128442
1455 FRAZEE ROAD, SUITE 600 Date: 03/01/95
P.O. BOX 82028 Page: 1
SAN OIEGO, CA 92108
Escrow Officer: Danielle Frangos Cook (619) 686-6000
THE ESCROW HOLDER IS COMMONWEALTH LAkD TITLE COMPANY WHICH IS LICE BY THE CALIFORNIA DEPARTMENT OF INSURANCE.
Buyer to hand you prior to close of escrow ...................................... $
TOTAL CONSIDERATION $
and any additional funds and instruments required from me to enable you to comply wit instructions, which you are to use on or before May 17, 1995, and when Commonwealth 1
can issue a Standard Policy of Title Insurance Owners form, with liability of $14,90C real property in County of San Diego, State of California viz:
Commonly known as: on/off ramp wideningleasement, Encini tas, , California
An easement for La Costa Avenue right-of-way and a temporary easement for construction and grading as set forth on the attached Exhibit "A"
hereby made a part hereof
Except any reservations of record of minerals, oil, gas, water, carbons and hydrocarb
Showing title vested in:
The City of Carlsbad, a municipal corporation
Free from encumbrance except:
A. Current general and special taxes for the fiscal year in which this escrow clo taxes for the ensuing year, if any, a lien not yet due or payable.
6. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State
California.
C. Special improvement assessments, if any.
0. Easements, rights, rights of way, covenants, conditions, restrictions and resei record.
0 0
Escrow No. : 128442 Date : 03/01/95
Escrow Officer: Danielle' F
Page :2
ADDITIONAL INSTRUCTIONS:
1. The closing of this escrow is contingent upon the Buyer's approval of the pre
report issued on the subject property. The Buyer's deposit of funds to close escrow shall be deemed satisfaction of this contingency.
If applicable, Escrow Holder is instructed to release the executed Easement I: the City of Carlsbad for acceptance by the Mayor-as to the form only and not delivery to title. The redeposit into escrow of the executed Easement Deeds
the Mayor's "acceptance" and the necessary funds shall constitute satisfactio Mayor's acceptance of the Easement Deeds and authorization of the City Counci
2.
3, There is to be no proration of taxes by Escrow Holder. Property taxes due or must be paid in full by Seller prior to the close of escrow with reimbursemen
any, beyond the close of escrow to be refunded by the County Tax Collector. event at the close of escrow unpaid taxes exist, Seller shall cause to be han Escrow Holder proof of payment or shall cause to be handed to Escrow Holder t necessary stubs and Escrow Holder shall pay same at the close of escrow, toge
any penalties, if applicable, charging the account of Seller. Any property t
which at the close of escrow are a "lien" on the property but "not yet due an1 payable" will be prorated by the County Tax Collector and billed to Seller at
close of escrow.
There shall be no prorations and/or adjustments made through this escrow.
Escrow Holder is authorized and instructed to debit the City of Carlsbad at tl of escrow all closing costs including, but not limited to, owner's title insw
fee, entire escrow fee, drawing fees, processing of lien releases, if any, ani reconveyance fees, if any. The City is not to be charged a documentary trans recording fees or change of ownership fee.
From the Seller's proceeds Escrow Holder is authorized and instructed to payo assessments and/or taxes, also any encumbrances of record, plus accrued inter1 charges, if any, to place title for a condition called for in these instructii
Escrow Holder is in no way concerned with fire/hazard/liability insurance on . subject property.
The parties hereto acknowledge that they have signed a letter agreement dated
23, 1995 a copy of which is attached hereto for reference purposes only as Ex1 "B". Escrow Holder shall be bound solely by these escow instructions and sha' concerned with said letter agreement.
4.
5.
These fees are to be waived.
6.
7.
8.
-
Unless the parties otherwise instruct you, you are to base your prorations and adjust
information contained on the beneficiary's statement(s) furnished you by lender(s) of (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 ( deposits, cleaning fees and advance rents as shown on rental statement are to be char Seller and credited to Buyer), association statement furnished you by the Homeowner's
Association and/or its designated management company, fire irsurance policy deposited 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 public1 and published, you are instructed to prorate the taxes based upon the immediately prc year's taxes unless the parties to the escrow furnish you with an amount mutually agr which sum shall be used as the basis for said proration.
0
* Escrow No. : 128442 Date : 03/01/95
Escrow Officer: Danielle F Page :3
The General Provisions of the Escrow Holder which follow are incorporated as a part escrow instructions and are accepted and concurred in by the parties to this escrow signatures appear below.
GENERAL PROVISIONS
1. All prorations and adjustments called for in this escrow are to be made on the t
30 day month unless otherwise instructed in writing. You are not responsible fo payment, adjustment or proration of Homeowners Association (or similar) charge, unrecorded lien unless set forth in the escrow instructions.
The phrase "close of escrow" (or COE or CE) as used in this escrow means the dat which documents are recorded, unless otherwise specified.
Recordation of any instruments delivered through this escrow, if necessary or pr the issuance of the policy of title insurance called for, is authorized.
You are authorized and instructed to furnish a copy of these instructions, any a thereto and/or final closing statement to the Real Estate Broker representing an
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 wr mutual instructions. You may, however, do so without incurring liability to any for such submission. You are hereby authorized to submit such reports to any pr 1 ender .
5. All funds received in this escrow shall be deposited with other escrow funds in l escrow account or accounts of Commonwealth Land Title Company, with any state or bank, and may be transferred to any other such general escrow account or account: disbursements shall be made by check of Commonwealth Land Title Company. Commonr Land Title Company shall not be responsible for any delay in closing if funds re( escrow are not available for immediate withdrawal. Said bank account(s) may or r be insured by the Federal Deposit Insurance Corporation and all risk of loss sha' to the principals.
These instructions shall become effective as an escrow only upon receipt thereof Escrow Holder as signed by all parties thereto and acceptance by Escrow Holder.
a Real Estate Deposit Receipt nor any other agreement between the principals sha' constitute Escrow Instructions.
7. You shall not be responsible or liable in any manner whatsoever for the sufficier correctness as to form, manner of execution or validity of any documents depositt escrow, nor as to the identity, authority or rights of any person executing the : either as to documents of record or those handled in this escrow. Your duties ht shall be limited to the safekeeping of such money and documents received by you i holder, and for the disposition of the same in accordance with the written instrt 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 thra be caused by your willful (neglect) or(gross) misconduct. You shall not be requir take any action in connection with the collection, maturity or apparent outlaw of obligations deposited in this escrow, unless otherwise instructed.
You are to be concerned only with the directives specifically set forth in the es
instructions and amendments thereto, and are not to be concerned or liable for it
designated as "memoranda" in the within escrow instructions nor with any other as or contract between the parties. Notwithstanding that provisions of the Real Est Deposit Receipt or any other agreement may be a part of these Escrow Instructions provisions shall not be applicable to Escrow Holder. Any amendments of or supple any instructions affecting this escrow must be in writing. Signatures on any doc and instructions pertaining to this escrow indicate the signer's unconditional ap thereof.
2.
3.
4.
parties in this transaction, also to any lender holding or contemplating a loan
6.
8.
*
s e 0
1 Escrow No. : 128442 Date : 03/01/95
Page :4 Escrow Officer: Danielle Fr
9. You are not to be concerned with any questions of usury in any loan or encumbranc 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 escrow within ai six-month period after the time limit date as set forth in the escrow instructioi
written extension thereof, your agency ob1 igation shall terminate at your option documents, monies or other items held by you shall be returned to the respective depositing same, less fees and charges herein provided.
11. Upon receipt of any conflicting or unilateral instructions, other than cancellat instructions described in paragraph 16 below, you are no longer obligated to taki further action in connection with this escrow until further concurring instructic received from the principals to this escrow.
12. In the event of failure to pay fees or expenses due you hereunder on demand I agi pay a reasonable fee for any attorney’s services which may be required to colleci fees or expenses.
13. The parties hereto acknowledge that they have been advised that title companies i Escrow Holders are not authorized to give legal advice and that if they desire It advice they should consult an attorney.
14. Any funds abandoned or remaining unclaimed, after good faith efforts have been mi the escrow holder to return same to the party(ies) entitled thereto, shall be as! custodian fee of $25.00 per month. After three years the amount thereafter remai
unclaimed may escheat to the State of California.
15. You shall have no responsibility of notifying me or any of the parties to this e:
any sale, resale, loan, exchange or other transaction involving any property her€ described or of any profit realized by any person, firm or corporation in connect therewith, regardless of the fact that such transaction(s) may be handled by you
-.
escrow or in another escrow,
16. If a demand to cancel is submitted after the time limit date, any principal so rc
you to cancel this escrow shall file notice of demand to cancel in your office ir writing. You shall within five (5) working days thereafter mail by certified mai
copy of such notice to each of the other principals at the addresses stated in tt escrow. Unless written objection thereto is filed in your office by a principal
fifteen (15) calendar days after date of such mailing, you are authorized to canc escrow. If written objection is filed with you, you are authorized to hold all R documents in this escrow and take no further action until otherwise directed, eit the principals mutual written instructions or by final order of a court of cornpet jurisdiction. If this is a sale escrow, you may return lender’s papers and/or fu lender’s demand.
17. In the event of cancellation of this escrow, the fees and charges due Commonwealt Title Company including expenditures incurred or authorized shall be borne by the hereto unless otherwise specifically agreed to or determined by a court of compet juri sdi ction.
charges and, on payment thereof, return documents and monies to the respective pa depositing same or for whose benefit an unconditional deposit was made; and to vo executed instruments.
19. The principals hereto understand and acknowledge that you, as escrow holder,have
18. In the event of cancellation of this escrow, you are authorized to demand payment
absolute right at your election to file an action in interpleader in a court of c
jurisdiction requiring the principals to answer and litigate their several claims rights among themselves and you are authorized to deposit with the clerk of the c documents and funds 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 interpleader action, the amount thereof to be fixed and judgment to be rendered b 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 othe imposed by the terms of this escrow.
In the event such action is filed, the
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L Escrow No. : 128442 Date : 03/01/95
Escrow Officer: Danielle F Page :5
20. You are authorized to destroy or otherwise dispose of any and all documents, pap instructions, correspondence and other material pertaining to this escrow or can
thereof, without 1 i abi 1 i ty and without further notice to parties to the transact
close of escrow or cancellation in accordance with Escrow Holder's usual and cus pract i ce.
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 Esc Holder or the principals, pursuant to the Rules of the American Arbitration Asso in effect on the date of the demand for arbitration, or at the option of the pri the Rules in effect at the date escrow is closed. Arbitration shall be binding Escrow Holder and the principals. The arbitration award may include attorney's the prevailing party, and judgment upon the award rendered by the arbitrator(s) entered in any court having jurisdiction thereof.
Time is of the essence of these instructions. If this escrow is not in a condition by the TIME LIMIT DATE provided herein and written demand for cancellation is receiv
from any principal to this escrow after said date, you shall act in accordance with 16 of said General Provisions. In the event one or more of the above General Provis
held to be invalid in judicial proceedings, the remaining respective General Provisi
continue to be operative. Principals will hand you any funds and instructions requi each respectively to complete this escrow.
If no demand for cancellation is made, you will proceed to close this escrow when thl principals have complied with the escrow instructions. These instructions may be exc counterparts, each of which shall be deemed an original regardless of date of execut deliver, and together shall constitute one and the same documents. If these instruc' relate to sale, buyer agrees to buy and seller agrees to sell upon the terms and conc hereof. All documents, balances and statements due the undersigned are to be mailed respective addresses shown herein, unless otherwise directed. In these instructions
whenever the context so requires, the masculine gender includes the femine and/or ne\ 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 nonpaymen'
ALL OF THE TERMS, CONDITIONS AND PROVISIONS AS SET FORTH HEREINABOVE ARE APPROVED, A(
AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR HEREIN.
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- Escrow No. : 128442 Date : 03/01/95
Page :6
Escrow Officer: Danielle F
BUYER(S) SIGNATURE(S):
The City of Carlsbad
a municipal corporation
BY
Name/Title
BY
Narne/Title
Mailing: The City of Carlsbad, 2075 Las Palmas Drive, Carlsbad, CA 92009-1576
The foregoing terms, conditions and instructions are hereby concurred in, approved z
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. therefor.
SELLER(S) SIGNATURE(S):
Chevron U.S.A. Inc.
a 2ennsylvania corporation
BY
Name/Title
BY
Name/Title
Mailing: Chevron U.S.A. Inc., P.O. Box 2833, La Habra, CA 90632
969871
Page 3
EXHIBIT W
Parcel A:
All that portion of Lot 1 of Avocado Acres No. 3, in the City of Encb.itas, County of San
Diego, State of California, according to Map thereof No. 2063, filed in the Office of the
County Recorder of San Diego County, October 3, 1927, described as follows:
Commencing at the Southwest comer of said Lot 1, Map 2063, said comer also lies on the
Northerly boundary of the public road known as La Costa Avenue per Road Survey 346
and Road Survey 1796; thence Easterly along the Northerly boundary of said La Costa
Avenue, South 89" 23' 15" East (record South 89" 52' East per said Map 2063)(for the
purpose of this description, bearings are in terms of the California State Plane Coordinate
System, NAD27, Zone VI) 11 1.31 feet to the point of beginning, said point also being the
Southwest comer of a parcel of land described as Parcel 3 conveyed to Chevron U.S.A.
Inc., a corporation,by deed filed on December 12, 1984, as File No. 84-462951, of Official
Records; thence continuing along said Northerly boundary of said La Costa Avenue, South
89" 23' 15" East 15.29 feet to the boundary of land conveyed to the State of California by
deed recorded October 31, 1960, as File No. 215375, of Official Records; thence along
said boundary North 45" 17' 19" East 0.85 feet to an angle point in said boundary; thence
North 75" 32' 04" East 62.53 feet; thence leaving said boundary, South 83" 40' 22" West
76.96 feet to the Westerly boundary of said parcel of land described as Parcel 3 conveyed
to Chevron U.S.A. Inc.; thence South 00" 20' 38" East, (record South 00" 50' 30" East)
7.57 feet along said Westerly boundary to the point of beginning.
Parcel B:
All that portion of Lot 1 of Avocado Acres No. 3, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 2063, fded in the Office of the
County Recorder of San Diego County, October 3, 1927, described as follows:
Commencing at the Southwest comer of said Lot 1, of Map 2063, said comer also lies on
the Northerly boundary of the public road known as La Costa Avenue per Road Survey 346
and Road Survey 1796; thence Easterly along the Northerly boundary of said La Costa
Avenue, South 89" 23' 15" East (record South 89" 52" East per said Map 2063)( for the
purpose of this description, bearings are in terns of the California State Plane Coordinate
System, NAD27, Zone VI) 111.31 feet to the Southwest corner of a parcel of land
described as Parcel 3 conveyed to Chevron U.S.A. Inc., a corporation, by deed filed on
December 12. 1984, as File No. 84-462951, of Official Records; thence continuing along
said Northerly boundary of said La Costa Avenue, South 89" 23' 15" East 15.29 feet to the
boundary of land conveyed to the State of California by deed recorded October 31, 1960,
as File No. 215375, of Official Records: thence along said boundary North 45" 17' 19"
East 0.85 feet to an angle point in sad boundary; thence North 75" 32' 04" East 62.53 feet
to the point of beginning; thence continuing along said boundary North 75" 32' 04" East
32.15 feet: thence leaving said boundary, North 10" 36' 45" West 5.46 feet: thence South
83 " 40' 22" West 107.33 feet to the Westerly bounw of said parcel of land &scrim as
Parce1 3 conveyed to Chevron U.S.A. Inc.; thence South ()(lo 20' 38" &t (word ()(lo 50' .- . --- .^_ -_ ~ mm.. - .^ -- -
? e 0
.
A
WILLIAM L MacFARIAN
11417 W. BERNARDO CO
SAN DIEGO, CA 92127-16
(619)451-1402 FAX(619)4:
Exh i b i t 'I B I' JANMAC, INC.
EXPROPRIATION CONSULTANTS
January 23,1995
CERTIFIED - RECEIPT REQUESTED
Mr. JERRY HOLMQUIST
Property Development Specialist
CHEVRON USA, INC.
P.O. BOX 2833
LA HABRA, CA 90632
Re:
Project:
vesting:
Location: 540 La Costa Avenue
Encinitas, CA 92024
R/W 02CHEV and R/W 03CHEV
On/Off Ramp Widening of La Costa AvenueA-5 Interchange
CHEVRON U.S.A. INC., A PENNSYLVANIA. CORPORATION
Subject: Offer To Purchase Right-of-way
AI" 216-030-49/50
Dear Mr. Holmquist:
As you know from previous correspondence, my finn has been retained by the CITY OF CARLSB
to negotiate, on its behalf, the acquisition of real property required for the widening and constructic
of improvements associated with the La Costa Avenue & 1-5 Interchange project. The consrructioi
the improvements in the manner proposed by the City of Carlsbad requires a partial taking of your
property located at 540 La Costa Avenue, Encinitas, CA. The proposed right-of-way taking and
temporary construction easement is shown on the enclosed piat.
The City of Carisbad retained the appraisal services of Kibbey/Samppala Group, Real Estate
Appraisers/Consultants, to estimate the "Fair Market Value" of the proposed acquisition. The
appraiser's fair market value estimate is shown on the enclosed "Appraisal Summary Statement". 0
the basis of this independent fee appraisal dated October 27, 1994, the City of Carlsbad is prepared
purchase said right-of-way and acquire a temporary construction easement for a total consideration
$14,900.
The enclosed brochure titled "THE PUBLIC ACQUISlTION PROCESS" is for your information an
presents a summary of public acquisition intitlements and procedures.
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I___ I-L__.LI_. L._. I ,---
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Re: RN02CHEV January 23,
WW 03CHEV
A negotiated settlement shall include, but not necessarily be limited, to the following terms and
conditions:
1. An escrow will be opened with COMMONWEALTH LAND TITLE INSURANCE
COMPANY through which the street right-of-way wiU be conveyed by grant deed and the temp
construction easement will be conveyed by easement deed to the CITY OF CARLSBAD free and
of any and all liens, encumbrances, options, and leasehold interests for a total consideration of
$14,900. /
2. The proceeds related to the purchase of said property may be subject to payment demands
county taxes, assessment liens, federal and state tax liens, creditor judgments and beneficiaries of
deeds in connection with obtaining he and clear title.
3.
dosing including the processing of lien releases, full reconveyances and the cost of a Policy Of Ti
Insurance.
4.
Report, signing the escrow instructions and accepting the conveyance document.
If the above acquisition offer meets with your approval, please sign the enclosed copy of this Iettei
and return Same in the enclosed self-addressed envelope. An escrow will be opened upon your
approval of the above terms.
If you have any questions regarding the project or the terms of the acquisition proposai, please call
at your eariiest convenience so that I may arrange to meet with you.
I would appreciate your response to this offer by the 15th of February 1995.
The City of Carlsbad will pay all eligible incidental expenses associated with the escrow
The proposed acquisition is subject to the City of Carlsbad reviewing the Preliminary Tit1
Very truly yours,
LC- W.L. MacFariane, sRNA
Expropriation Consultant to
THE CllY OF CARlSBAD
wLM/wp
Enclosures
cc: Pat Entezari, Project Manager, City of Carisbad
F.R. Clark Fernon, Boyie Engineering
James Naughton, Sr., Kibbey/Samppaia Group
James Deia Rosa, Caltrans - District 11
n ~
T -- e 0
I.
k -
Re: W02CHEV January 23, IUW 03CHEV
OFFER ACCEPTED: DATED: 2d3, /Wr-
A PENNSYLVANLA CORPORATION
CHEVRoN Aqb& =TI
/<A?> \
BY: /fi
~~hvy in Fait '
BY:
? I . L a. I._. ---"
r W 9
Gvmmonwealth Land Title Company d
Estimated Buyer’s Settlement Statement Escrow No.: 128442
Buyer: The City of Carlsbad
Property : on/off ramp widening/easement, Encinitas,, California
Escrow Officer: Daniel 1 e Frangos Cook
Date; March 17, 1995 DEBIT
TOTAL CONSIDERATION $14,900.00
P RORAT IONS
BROKER’S COMMISSION
LENDER CHARGES
RESERVES
ESCROW FEES, TITLE CHARGES Settlement Charge 400.00 Owner’s Ti tl e Premi um 400.00
RECORDING FEES, TRANSFER TAXES
ADDITIONAL CHARGES Subordination Estimate 200.00 escrow pad 250.00
RECEIPT DUE FROM BUYER 1
$16,150.00 $1