HomeMy WebLinkAboutCT 98-19; Roesch Property Residential Subdivision; Tentative Map (CT) (34)10/03/2001 13:17 FAX 619 544 6229
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CHICAGO TITLE C&I ESCROW ilOOl/007
Fax Transmittal Sheet
CHICAGO TITLE COMPANY
L
PLEASE DELIVER TO:
ANNE HYSONG
CITY OF CARLSBAD
Number Dialed: 750-602-8559
FROM:
JACKIE WONDRASH
CHICAGO TITLE COMPANY
925 "B" STREET
SAN DIEGO, CA 92101
Phone: (619)544-6247
Fax : (619)544-6229
Date Sent: October 3, 2001
EscrOWNo: 13060090 - U46
Regarding:
Pages:
The number of pages includes this cover sheet.
If you did not receive all of the pages or if you
have any questions about this transmission,
please contact the sender.
UCOMMENTS AND ADDITIONAL INFORMATION
LETTER OF RECEIPT OF ESCROW OPENING AND ESCROW INSTRUCTIONS
CC DON RIDEOUT 760-602-8559
TOM FARRAT 760-602-6800
The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The
information contained in the material is privileged and is intended only for the use of the individuals) or entity(ies) named above. If
you arc not the intended recipient, be advised that any unauthorized disclosure, copying distribution or the taking of any action in
reliance on the contents of this information is strictly prohibited.
FTB9 -OZ/07/97blC
10/03/2001 13:17 FAX 619 544 6229 CHICAGO TITLE C&I ESCROW 121002/007
^CHICAGO TYKE COMPANY
925 "B" STREET, SAN DIEGO, CA 92101
(619)544-6247 Fax (619)544-6229
October 3,2001
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CA 92008
RE:
Property: CA
Escrow No: 013060090 U46
Dear Mr. Hdzmifler:
An escrow has been opened and funds have been received in the amount of $30,296.30 for the "Open Space
Maintenance and Funding Program11 between the City of Carlsbad and Standard Pacific.
If we can provide any additional information or answer any questions you may have, please give us a call.
Thank you for choosing Chicago Title Company.
Sincerely,
Chicago Title Company
Jackie Wondrash
Escrow Officer
619-544-6247
LTR1 -08/22/B8bK
10/03/2001 13:17 FAX 619 544 6229 CHICAGO TITLE C&I ESCROW 121003/007
ESCROW INSTRUCTIONS
TO: CHICAGO TITLE COMPANY, licensed by the California Department of Insurance
925 "B" STREET, SAN DIEGO, CA 92101
(619)544-6247 Fax (619)544-6229
Escrow No. 1 3060090 -U46 Escrow Officer Jackie Wondrash Date October 3, 2001
1 • On or before the TIME LIMIT DATE of
2.
3- The undersigned hands you an Open Space Maintenance and Funding Program, hereinafter the "Agreement1, dated
4- September 25, 2001 , executed by CITY OF CARLSBAD and STANDARD PACIFIC CORPORATION (Land Owner).s.
6- You are Instructed to receive funds in the amount of $30,296.30 and invest in an interest bearing account. Funds7- shall be held until authorization from all parties for release and/or transfer to another account or entity.
8.
9- You as escrow holder, are instructed to act In accordance with the terms and conditions of said agreement insofar as
10- is required to close this escrow.11.
12- ESCROW HOLDER'S NOTICES:
13.
"• RELEASE OF FUNDS: Any provision for release (payment) of funds prior to the dose of escrow Is made with
15- knowledge of the conditions) of escrow and title to the property that is the subject of this escrow. The Escrow16- Holder shall have no responsibility or liability except compliance with any such release (payment) instruction, and any1 7- payment so made is without recourse upon Chicago Tide Company.
18.
19 RECORDING PENALTIES FOR NON-STANDARD DOCUMENTS: As a result of CHAPTER 87, (AB 689 - 1992), all
20- documents submitted for record on or after July 1 , 1 994, MUST comply with specified standards relating to format,
2t- size, quality and color of paper, title page caption(s) to be indexed and other related matters.
22.
23. A surcharge shall be charged if the standards are not met. Government Code Section 27361 (a)(2) states the
24. recorder shall charge $3.00 extra PER PAGE OR SHEET of the NON-STANDARD document. This surcharge applies25 whether the entire document or one page of the document is non-standard.
26.
27- STANDARD paper size is 8 1/2"x 11". Legal size documents (8 1/2"x 14") are NON-STANDARD. Beawarethat2a notary acknowledgments must also be STANDARD size pages - use of 3 1 /2" x 8 1 /2" notary acknowledgments will
29- increase your recording fees by $3.00 per page of the entire document. Small notary acknowledgments that are
30- stapled or taped to an 8-1 /2'x 11" sheet of paper WILL NOT be acceptable. To avoid the penalty fee in this situation,31 • It would be best to make a copy of the acknowledgment on an 8-1 /2° x 1 1 " sheet of paper prior to completion, and
32. use that sheet as the actual acknowledgment.
33.
34- Document pages must be photographically reproducible to meet state standards. Use of pages that are not
35. reproducible will result In the entire document being rejected for recordation.
36.
37- Please carefully review your recordable documents for compliance with Government Code Sections 26205.5 and
38. 27322.2 which set forth the standards for quality of paper, size and color which will reproduce legibly.
39.
40. DOCUMENTARY TRANSFER TAX: If the documentary tax declaration has not been furnished In connection with41 • the deed from the grantor to grantee, you are instructed to complete and sign the declaration on such deed showing
42- documentary transfer tax paid as required ($1.10 per thousand on the full value of the property conveyed, or on full
43. value less Hens and encumbrances remaining thereon at time of sale).
44.
45. DEPOSIT FUNDS: If this company is requested to disburse funds in connection with this escrow, Chapter 598,
46. Statutes of 1 989 mandates hold periods for checks deposited to escrow accounts. Except for funds deposited by
47. wire transfer or electronic payment, California Insurance Code Section 1 241 3. 1 , (Chapter 598, Statutes of 1 989),
48. prohibits the disbursement of funds untl the day funds are made available under the Statute. Loan funds remitted by
49.
BISH -io/ii/98hk (Pagel)
10/03/2001 13:18 FAX 619 544 6229 CHICAGO TITLE C&I ESCROW El 004/007
ESCROW INSTRUCTIONS (Continued)
TO: CHICAGO TITLE COMPANY aorowNo. 13060090- U46
Data October 3, 2001
1 • Cashier's. Certified or Teller's checks are generally available on the next business day following deposit, however,
2- other forms of payment may further delay the date of recordation (dose of escrow) AND DISBURSEMENT OF
3. FUNDS.
4.
5- NOTICE - WIRE INSTRUCTIONS
6.
7.
8- CHICAGO TITLE COMPANY WILL NOT BE HELD RESPONSIBLE FOR VERIFYING RECEIPT OF WIRES UNTILTHE
9- DEPOSITOR NOTIFIES THE ESCROW OFRCER OF (1) TIME THE WIRE WAS SENT (2) NAME AND ADDRESS OF
10- THE WIRING BANK AND (3) FEDERAL RESERVE NUMBER. ANY WIRES BEING INITIATED FOR DEPOSIT TO THIS
11 • ESCROW ARE TO BE DIRECTED AS FOLLOWS:
12.
13. UNION BANK
14. 2001 MICHELSON DRIVE
15- IRVINE, CA 92714
16.
17- ABA 122 000 496
IB.
19- CREDIT TO CHICAGO TITLE C&I ESCROW-SAN DIEGO ACCOUNT NO. 91002-67494
20. FOR FURTHER CREDIT TO ESCROW NO. 13060090-U46
21 • ATTENTION: JACKIE WONDRASH, ESCROW OFFICER
22.
23.
24. THE FOLLOWING ARE ADDITIONAL DOCUMENTS, AS THEY MAY APPLY, TO BE HANDED ESCROW HOLDER
25. AS A PREREQUISITE TO CLOSING:
26.
27. (A) IF YOU ARE A CORPORATION: A Certificate of Corporation Resolution, signed by the Secretary of the Corporation
2B. with an affixed corporate seal, authorizing the acquisition, encumbering (if applicable) or sale of the within property,
29- and designating the authorized signatories on behalf of the Corporation.
30.
31. (B)IF YOU ARE A GENERAL PARTNERSHIP: An original Statement of Partnership to record In the Recorders Office In
32. which the property is located, If not already so recorded. A copy of the Partnership Agreement MUST ALSO be
33. submitted.
34.
35- (C) IF YOU ARE A LIMITED PARTNERSHIP: The LP-1 Form, certified by the Secretary of State, to record in the
33. Recorders Office in which the property is located. A copy of the Partnership Agreement MUST ALSO be submitted.
37.
SB- (D) IF YOU ARE A LIMITED LIABILITY COMPANY: A certified copy of the filed LLC-1 Articles of Organization and a
39- copy (certified by manager or member that It is a true and correct copy) of the Operating Agreement. If the LLC is
40. member-managed, a current list of the member names.
41.
42. (E) IF YOU ARE A TRUSTEE: The requirement that a copy of the trust Instrument creating such Trust, and all
43. amendments thereto, together with a written Verification by all present Trustees that the copy Is a true and correct
44- copy of the Trust, as it may have been amended, and that it has not been revoked or terminated.
45.
46.
47.
BEItCSH -10/14/96bk
(Page 2)
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GENERAL PROVISIONS
TO: CHICAGO TITLE COMPANY Escrow NO. 13060090 - U46
Date October 3, 2001
1. Time is of the essence of these Instructions. If this escrow is not In a condition to dose by the TIME LIMIT DATE as provided for 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
7 of the General Provisions. If no conflicting instruction or demand for cancellation is made, you will proceed to dose this escrow when the
principals have compiled with the escrow instructions. In the event one or more of the General Provisions are held to be invalid, those
remaining will continue to be operative. Any amendments of or supplements to any instructions affecting escrow must be In writing. You are
authorized to order demands for, and pay at the dose of escrow any encumbrances of record necessary to place title in the condition called
for without further authorization. You are further authorized, prior to the dose of escrow, to pay from funds on deposit any fees necessary to
obtain any demand and/or report as may be required in this escrow and at the dose of escrow charge the parties as appropriate. The
principals will hand you any funds and instruments required from each respectively to complete this escrow. Interest on any new financing
may begin to accrue on the date loan funds/proceeds are disbursed by the new lender, and borrower agrees to pay same in accordance with
lender's instructions.
2. You are instructed to deliver and/or record all documents and disburse all funds when you can comply with these instructions and issue any
title Insurance policy as called for herein. These Instructions, together with any amendments and/or supplements, may be executed in
counterparts and together shall constitute one and the same document If these instructions relate to a sale, and if there Is no other written
agreement between the parties pertaining thereto, 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 addresses shown herein, unless otherwise
directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents, all parties hereby agree to accept and
hereby instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that
any documents to be recorded bearing non original (facsimile) signatures will not be accepted for recording by the county recorder.
3. The phrase "dose of escrow* (or COE) as used in this escrow means the date on which documents are recorded, unless otherwise specified,
4. Assume a 30 day month in any proration herein provided, and unless otherwise instructed, you are to use the Information contained In the
latest available tax statement, including any supplemental taxes of record, rental statement as provided by seller and beneficiary's or
association statements delivered Into escrow tor proration purposes.
5. Upon dose of escrow you are instructed to charge our respective accounts the costs attributable to each, including but not limited to costs as
provided for herein and/or in accordance with our respective estimated statements attached hereto and made a part hereof.
6. 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. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested.
7. if 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 three (3) working days thereafter mail by certified mail one copy of such notice to each of the
other prindpals at the address stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15)
calendar days after the date of such mailing, you are instructed to cancel this escrow. If this is a sale escrow, you may return the lender's
papers and/or funds upon lender's demand.
8. In the event that this escrow is canceled, any fees or charges due Chicago Title Company induding cancellation fees and any expenditures
incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent
jurisdiction. Upon payment thereof, return documents and monies to the respective parties depositing same, or as ordered by the court, and
void any executed instruments.
9. If there Is no written activity by a principal to this escrow within any six-month period after the Time Limit Date set forth herein, Chicago Title
Company may, at its option, terminate its agency obligation and cancel this escrow, returning all documents, monies or other items held, to
the respective parties entitled thereto, less any fees and charges as provided herein.
10. If, tor any reason, funds are retained or remain in escrow after the closing date, you may deduct therefrom a reasonable charge as custodian,
of not less than $25.00 per month, unless otherwise specified.
(Continued)
BEIQP1SH -10/23/88- Ire
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O GENERAL PROVISIONS
(Continued)
TO: CHICAGO TITLE COMPANY &crow NO. laosooso - me
Data October 3, 2001
11. In the event that you should receive or become aware of conflicting demands or claims with respect to this escrow, or the rights of any of the
parties hereto, or any money or property deposited herein, you shall have the absolute right at your option to discontinue any or all further acts
until such conflict is resolved to your satisfaction.
12. In the event that any Offer to Purchase, Deposit Receipt, or any other form of Purchase Agreement is deposited In this escrow, you, as escrow
holder, are not to be concerned with the terms of such document and are relieved of all responsibility In connection therewith. The foregoing Is
not applicable in any transaction in which Chicago Title has specifically agreed to accept an Offer to Purchase, Deposit Receipt or other form
of Purchase Agreement as escrow instructions. In any event, you are not to be concerned or liable for items designated as 'memoranda" in
these escrow instructions nor with any other agreement or contract between the parties.
13. The parties hereto, by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for
the supervision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow.
14. In the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight, next day, or other expedited
delivery services (as opposed to the regular U.S. Mail) and to charge the respective party's account accordingly.
15. Concerning any real property involved in this transaction you are released from and shall have no liability, obligation or responsibility with
respect to (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 1986 as amended, and to Sections 18662 and
18668 of the California Revenue and Taxation Code, (b) advising the parties as to the requirements of said Section 1445, (c) determining
whether the transferor is a foreign person or a non-resident under such Section, nor (d) obtaining a non foreign affidavit or other exemption
from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the
transaction.
16. If you pay a demand to pay in full a revolving line of credit or equrtyline loan, you are hereby instructed on my behalf and for my benefit, to
request that the tender issuing said demand cancel said revolving line or equityline of credit.
17. You are authorized to furnish to any affiliate of Chicago Title Company, any attorney, broker or lender Identified with this transaction or any
one acting on behalf of such lender any information, instructions, amendments, statements, or notices of cancellation given in connection with
this escrow. If any check submitted to escrow is dishonored when presented for payment, you are authorized to notify all principals and/or
their respective agents of such non payment.
18. Ail notices, change of instructions, communications and documents are to be delivered in writing to the office of Chicago Title Company, as
set forth herein.
19. Ail funds received in this escrow shall be deposited with other escrow funds in one or more non-interest bearing demand accounts of Chicago
Title Company in any state or federal bank or any state or federal savings and loan association (the depository Institutions*) and may be
transferred to any other such accounts.
The parlies to this escrow acknowledge that while these accounts do not bear interest, because of these and other banking relationships with
the depository institutions, Chicago Title Company and its affiliates may receive from some of the depository institutions an array of banking
services, accommodations or other benefits. Chicago Title Company and its affiliates also may elect to enter into other business transactions
with or obtain loans for investment or other purposes from some of the depository institutions. All of such services, accommodations and other
benefits shall accrue, directly or indirectly, to Chicago Title Company and its affiliates and they shall have no obligation to account to the
parties to this escrow for the value of such services, accommodations or other benefits. All disbursements shall be made by Chicago Title
Company check, unless otherwise instructed.
Chicago Title Company shall not be responsible for any delay in closing if funds received by escrow are not available for Immediate
withdrawal. Chicago Trtie Company may, at its option, require concurrent instructions from all principals prior to release of any funds on
deposit in 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 at the expiration of six (6) years from the close of escrow or cancellation thereof, without liability and without further
notice- (Continued)
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•
GENERAL PROVISIONS
(Continued)
TO: CHICAGO TITLE COMPANY Escrow NO. isoeoogo - U46
Date October 3, 2001
IMPORTANT NOTICE
Except for wire transfers, funds remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California
Insurance Code. CASHIER'S, CERTIFIED or TELLERS checks, payable to CHICAGO TITLE COMPANY are generally available for
disbursement on the next business day following the date of deposit
Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law.
(Wire transfer information available upon request)
ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE
LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION. REPRESENTATIONS OR ASSURANCES
WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY
TAX. SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES
OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS.
THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE
UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED.
CITY OF CARLSBAD STANDARD PACIFIC CORPORATION
By: By:
Michael J. Holzmiller, Planning Director Brian Ustier. Authorized
Representative
Standard Pacific Homes, San Diego
Current Address: Current Address:
Telephone: Telephone:
BEIGP3SH -10/23/98- Ire