Loading...
HomeMy WebLinkAbout; |NEWPORT SHORES BUILDERS|RANCHO LA COSTA|; 86-264605; Irrevocable Offer of Dedication IOD!*i ,i /' Recordinq rc>-iiiested by «•' iicor Txtle .surance Company of Calif j\ 17K.A ^ P r> /•» » After reco::r: * 1Cv mail to: ' 1 »!>0 _ «•' O - J 6 4 g 0 State Coas-;,, . O--.servancy j ~ • . . . - , ,.--- 1330 Broadway Si..: te 1100 ! ,.nV, ''' ; :' ' ' Oaklp-id, Calif. 94612 /f&Jffjf ' ' attn. OFFER TO DEDICATE PUBLIC ACCESS EASElffifrrgX 27 /.!! [j: {,7 Labial] Counsel I V'Ffi ' I i vi J 112 :> 1 i> 8 L_£?L •' * ^ r: £ CORD! V-.V THIS ". vTSR OF DEDICATION is made this 30th day of May, 1980, by Rancho La Costa and Newport Shores Builders, a corporat-on, hereinafter referred to as "Offerror", to the City of Carlsbad, County of San Diego and the State of California, for purposes of granting a non-exclusive easement in gross for public use over all portions of Parcel 2 as described in Exhibit 2 ?ttached hereto for hiking and other passive, non-motorized recreational uses hereinafter specified, upon the conditions set forth be- low, if such offer has not been accepted within ten (10) years of the date of recording of the offer, the parcel ile. cribed hereinafter shall be conveyed within eleven (11) years of the date of recording of the offer, in fee title to tr.e State of California. The terra "offerer" as used herein shall inclvie San-ho La Costa and any \nd all of its successors in interest, to the property. This Declaration is made for the benefit of the City of Carlsbad, County or San Oiego and Sfat* of California. Th* t«rrn and conditions cf the offer are as follows: 1. this offer of dedication is th» second nh.ase of a grant of public use rights intended to carry out the pro- vision* of a Settlerent Agreemunt concluded on M»y^-T^_, 1980 bef.-'t'«n Sancho La Costa and the California Coastil Commission attached hereto as Exhibit "1*. 2. The offer ;,f dedication of an access «*-,?r»»-it to the City of Carlsbad, county of San Siege and State cf California may only b«* *ee«pt»<1 by the public en-vfy ir agency, which •Inuirar^ously with »uch tcceptan^", *•>•»*.-u»--»<* »n *gi«»r«.»utL w.th of!>rr>r, or itt »accetsor» or "> the case :-,ay »*, by vi.i>-h agr««fr.«nt the acceptl." i K.5|!-t ill II COPY ' 1* *W«*3 , * 1 '„ . 1751 agency or association agrees to accent full responsibility for the maintenance and upkeep of the easement, including but not '..incite I to tr.e removal of all trash and debris left on th« property or adjacent thereto, by persons using the easemen-, ana to assurae ail liability for any injury to persons using said access easement. 3. This offer of dedication of access easements shall remain open *or a periof of ten (10) years frora the date thereof. In the event that none of the three public entities enumerate.; in Par-graph "!' accepts the offer of sccess easement, the area described in Paragraph "4" shall be conveyed \n *••» to the State of California: the only con- ditions of said conveyance shall be a limitation of use oy the pub.ic to pedestrian uses such as hiking and pic- nicking 3i-..; a prohibition on use by the public of motorized vehicles or equestrian uses >jxc«pt as may be necessary for emergencies or maintenance activities, and the re-TVAticn of rights as *et forth in Paragraph ""!" below. 4. This offer of dedication is for nil portions of Parcel 2 .'escribed in "rhe attached grant of cpen -.p^c^ easement. 5. Duration ar-.c Terming-icn. The rights rrr=ntcd herein shall be of perpetual duration. For purpc^ps of determining compensation to b« paid by reason of the taking or condemning of all or a portion of th* Property for pub- lic use, the portion of or interest in thi Property *o re »o taxen shall be valued »» though this offer cf vl..«<« i -it ion had never been tnad«. and Atsigns .The tf covenant* *nd condition* ,-cntAined in thit offer of -i«*dica- tion shall be bindinq upon and ;nur« to the benefit of the •uccesscrs and assiur.s oi -jrantor and Grantees, ny the acceptance of a deed .;f conveyance, each grantee or transferee . 1752 of C«<-l*rant with respect to the Project, accents the property i ibjeot to all existing easements, covenants, conditions ind rescructions herein, running with the land, and shall r. in-i ir.y person having at any time any interest c- * • Late in t.'-.» Project, and shall inure to the benefit -.e City of Carlsbad, County of San Diego and State of -forr.ia in like manner as though the provisions of tnis Declaration were s<?-. forth in full in each deed of conveyance. 7. :ftsrrcr specifically reseir/es to itself, its successors ar, I sssijr.s the right to construct and use roads or .".ighways " - orr. tl Caanino Real over Parcel 2, to provide necessary access to offerer's remaining property provided that all r.e-essary governmental authority for such con- struction -i~.d use shall first be obtained. DEC LA:-,-.SIT HAS s:<Ecvrr.D THIS DECLARATION on the date set forth .lijova. RANCHO LA COSTA, a limited partnership General Partner NEWPORT SHORES BUILDERS, a corporation f Doriy»f<) p. Ay re*. Jr. e<*r 4' I 1753 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On Kay ?0, 1980 before me, the undersigned, a Notary Public In and for said State, personally appeared DONALD B. AYRES, SR. known to me to be the person that executed the within instrument as one of the General partner(s) , on behalf of RANCHO LA COSTA , the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. 8ETTY OFFICIAL SF-M. BEPTY L. f-v.STfc.'ii - ( r , •'..;, i .'":U PRir.C.J'AL t" rXL IN OKANUt COUMY My Commttilon Ei(»rr.» Nov. 25, S9S STATE OF CALIFORNIA ) COUNTY OF ORANGt ) On * *!f2_l£i_12" _ __ __ • before >"*» the undersigned, a Notary tubtic In and for said State, personally appeared DONALD 8. AYPTS. JP. and Instrument as th«_ SHOWS _, known to me to be the persons who executed th<? within President ind ---•. Secretary, on bc-holf of . the corporation therein named, and acknowledged torn* that iuch <orpor»t!on executed the within Instrument pursuant tr> It* by-law* or a resolution of its board of directors. WITNESS my hand and official seal. BETTY ; E" -. I EMEr T AGREEMENT WHEREAS Rancho La Cosua, a lir.ited partnership, (here- inafter called Rancho) sought to convey itr fee interest in yParcel 1 as described in Exhibit A attached hereto, and incorporatec h«-r»in by reference, tc Newport Shores, a corporation; and. WHEREAS, the California Coastal Zone Conservation Commission (hereinafter called Coronission) was charged with certain duties and responsibilities relative to the Coastal Zone Conservation Act of 1972 of the State of California; and WHEREAS, the Ccrarission informed the City of Carlsbad and Pancho O,,it thp •«!•» of Parcel 1 would require « permit from Comr.i ssicn; and W/!XP:::AS , Rancho contended that no permit wa« .required since no part of Parcel 1 was in the permit area although a porr.ion of its remainder property was in th« permit area; and WHEREAS, Rancho elected to assert th« lack of Juris- diction of Commission by filing a request for a permit to •«11 Parcel 1 but rontending that Commission lacked juris- diction; and WHEREAS, Cotmtission by vote det«rwin«d that it hnd jurisdiction and then denied the permit applied for by Rancho; and WHEREAS, Rancho thereafter filed an action against Commission in San Die^jo superior Court, being Case No. KSOC2, i««*ing a Writ of Prohibition and Mandate; and tr.lERE.ns, said Court in said case granted a Writ of Prohibition and Mandate after finding that any property including Parcel 1, which is entirely outside the perr.it *!•• as «*tablish*d by the aforesaid Coastal Act, could be sold with ;t Rancho securing a permit fro» Commission; and •e OrO 1 .i C 1755 WHEREA.", Ccn-r-^.ssicn appealed said judgment to the Court of Appeal ro'-rth Appellate District, Case No. 4 Civil 16009 and stid arp =il is currently pending; and WHEREAS, the boundaries of the permit jurisdiction were, pursuant to the California Coastal Act of 1976 (here- inafter referred to as tha Coastal Act of 1976), modified to include the property referred to as Parcel 1; and WHERE*.::, development activities had commenced on Par- cel 1 prior to January 1, 1977, which development activities the purchaser from Ranchc desires to have completed; and WHERE?", the "slifornia Coastal Commission, as the successor i", interest to the California Coastal Zone Con- servation nrr.:ssion pursuant to the provisions of Public Resources Code Section 30331, desires to protect the coastal resources in *K* vicinity of th* development activity while at the same tir*» net unnecessarily delaying the completion of deve lor-sent activities prev5 Misly commenced; and WHERTAS, the Consiu*5ion contends that Batiquitos Lagoon is one cf the major coastal resources of San Diego County and that t! a Commission, pursuant to Public Resources Code Section 30:40(*), is required to protect enviromentally sensitive habitat areas "against any significant disruption of habitat values"; and WHEREAS, the Conr.ission contends that the conrletion of development activities on Parcel 1 requires the creation of a butter area along the shoreline of Batiquitos Lagoon nearest the development on P.ircfl lj and WHEREAS, the CowniRSion contends that control led public access for scientific, educational and recreational us^n con- listent with the protection of vildlife habitat values is requxr«d by the Coastal Act of 1976j and WHrnnAS, all the r>*rti*» h«r«to desire to ent«r Into this <scr.<M-.>ent f,-r the final s*ttl*m*nt of t>,« per'linq1 litl- 0 .4 , •A, < gation referred to hereinabove as set forth in this Agree- ment, subject to the approval and concurrence to this Agreement by all the Parties, and subject to compliance with all applicable laws and regulations. NOW, THEREFORE, ".in consideration of the premises, mutual covenants, and obligations of the Parties hereto, Rancho and the California Coastal Commission hereby covenant and agree with the other as follows: ARTICLE 1 LITIGATION This Settlement Agreement is a final settlement .-vnd stipulation by the Parties regarding the litigation in the Court of Appeal of the State of California, Appellate Dis- trict, Case 4 Civil 16C09. Simultaneously with the execu- tion of this Agreement and the recording of the grant of open spar-- *-as»ment ar.-l offer of dedication as described in Article III, the California Coastal Commission shall execute and file a Notice of Dismissal of Appeal with said Court of Appeal. This Agreement shall be binding upon and inure to the benefit of any and all successors and assigns of Grantor and Grantees. ARTICLE II DEVELQPKENT UPON PARCEL 1 Rancho and its grantees, lessees, past, present or future developers, contractors, or other public or private assignees, transferees and/or suceetsors-in-interast, having acquired a vested right herein, shall not be required to fulfill the per- mit requirements of the Coastal Act of 1976 with respect to the development (which includes but is not limited to physical construction of residential structures and tract map) on Par- cel 1, which was outsi-!e the permit area as established in the California Coastal Zone Conservation Jet of 1972 that has previously b*«n sold and conveyed by Rancho. -3- , ,*,. 17f>7 ARTICLE III A. Rancho shall qrar.t an open space easement for l^ght and a.r, precluding any change in land forms, free and clear cf any liens, except tax liens, over the property located vc«s\ of El Canine Real, north of the edge of the Batiquitos lagoor shoreline and south of the proposed ex- tension cf Arenal Road, and which is shovm a: Parcel 2 on Exhibit A and located as described on Exhibit B. The Grant of Open Space Easenent shall be as set forth in Exhibit C / and shall be in favor of the County of San Diego and the State of California, through the State Lands Commission or the California Coastal Conservancy, whichever first accepts the g~ a n *„ . B. r>e dijrjat i on o f B u f f a r Ar e a Jts.-.cho shall make a recorded Offer to D^iicate public ac-ess easements over Parcel 2 at shown on Exhibit A and locsted as described on Exhibit B, free and cl'vir of any liens, except tax liens, to the City of Carlsbad, the County of San Diego or the S*ate of California whichever is willing to accept maintenance and insurance obligations for such access ••••nent. Dedication shall take place upon acceptance of th« offer. The Offer of Dedication shall b« as set forth in Exhibit D. If such offer has not born accepted within 10 years of th« date of settlement, the said Parcel 2 shall be conveyed in fee to the State of California subject to reservation of rights as set forth in paragraph ^ of Exhibit D. ^ Public ac"«»« by reason of this public ncc«*«s «a*«ra*nt *hall b* limited to p*d««trJ*n uses (•.q. hiving and picnicking) and shnil not include us* by mot-orired vehicles or equestrian uses except as may b* neccnsary fox «ia*r''*neie» or maintenance activities. -4- > •o* v\^.i i. 1758 C . £ »~c rj in ^ of _?r-••••-. _Ppaee_ EaseitHent and Offer of ; • 'ITeatlc'n "' ~" The Grant of Open Space Easement and Offer of D«cSic«tic:; described in A and B above shall be recorded in the San Diego County recorder's Office. Dated: May 2_9, 'l950 CALIFORNIA COASTAL COMMISSION as successor i\n interest to the ZONE COMMISSION By: Michael L. F1scherv-K*ecut1 ve Director RANCHO L." COSTA, • limited partner- ship By: . . , .Donald BV Ayres,General Partner 1759 •if 2'' PARCEL 1 Lots 1 through 329 of Carlsbad Tract 72-34 (Rancho La Cuesta) Units 1 through 4 in City of Carlsbad, County of San Diego, State of California. According to Haps thereof Nos. 8350-8353 inclusive as recorded in the Office of the County Recorder of San Diego County dated July 28, 1976. (Contains 109 Acres, more or less) PASCEL 2 That port-ion of Lot 3 of said Section 35 that is northerly of the easrerly prolongation of the northerly line adjoining the northeasterly corner of Lot 12 of said Section 35; And that is westerly of Road Survey No. 1800-1 described in Deed to the County of San Diego recorded November 28, 1969 as Document No. 217326, Official Records of said San Diego County: And that is southerly of the following described line: Commencing at the rest southeasterly corner of Carlsbad Tract 72-34 according to Map thereof No. 8?53 filed in the Office of the Recorder of said San Diego County) Thence South 20' 01' 19" west along the westerly line of El Camino Real right-of-way recorded as Road Survey Map No. 682, November 21, 1959 as file No. 217326, Official Records of said San Diego County, a distance of 405.30 feet; Thenc* North 71" 32' 54" West a distance of 258.85 feet to a point cf tangency with a b58 foot radivn curve concave southerly; Thence westerly along the arc of said curve thru a central angle of 40" 28' 11" for a distance of 394.13 feet, more or less, to the easterly lin« of th« rorthwest quarter of said Section 35. (Contains 10.049 Acres, more or less) • et ***1 fto24 '**** i i ri1 «»•>-*• 1761 EXHIBIT C "An OF OFrr? STAGE EASEMENT THIS iAAJiT C' EASEMTKT is rsade this 30th day of May, IS80, by Rar.c-o La Costa, a limited partnership, ar.d New- port Shores Builders, a corporation, hereinafter called "Grantoj." to the California Coastal Conservancy and the State Lands Commission both agencies of the State of California, ar.d to the County of San Diego whichever first accepts this Grant, hereinafter called "Grantees". WH£;.ZAS, Grantor is the owner and possessor of thit certain re si property described on Exhibit 1 attached hereto, {hereinafter called the "Property"); WHEREAS, Grantor and Grantees desire to conserve and enhance for the public benefit: the open space and natural resource qualities cf the property; public access through the property for hiking and walking purposes; and the other public benefits jet forth in the document titled "Settlement Agreement" between California Coastal Commission and P.ancho La Costa, executed on May 28, 1980, and attached hereto as Exhibit 2; WHEK£AS, Grantor and Grant*es de»ir« to maintain the prop«rty as open spa "e until such time as the public access casements ar« dedicated to a public entity or convnyed in f*« to the Stat« of California; WHEREAS, Grant*** dcsir* tc assura that said Property will be dedicated in accordance with th« provisions of the Sottl«s*nc Agr««»ent, attached hereto as Txhibit 2; NOW, THEREFORE, Grantor does hereby grant and convey to Grantees an open »p*c« «as*rr.«»nt for light and air cv^r th« Prot>*;ty, which ««-»«m«nt shall hava tha scoj* and h«» •object to tha llnitations hereinafter »«t forth: t*1 !*' 1762 1. Scope of £asr:~ar-.t. The Easement herein granted conveys to Grantees for the benefit of the People of the State of California ar, interest in the Property consisting of the benefit of the fallowing affirmative and negative covenants: (a) No structures of any type shall be con- structed on the Property other than: (!) underground utilities which would not in any way alter the natural resource values of the Property nor interfere with use of the Property for public access purposes, and (2) construction of roads or highways to provide necessary access to Rarcho's remaining property, provided that any su'-v. development shall first be approved by all nect'ssa-ry governmental authorities. ;!-•} Grantor covenants and acknowledges that the grant of this open space easement is the first stace of an eventual dedication of public access earer.ents or conveyance to the State of California in fre; Grantor further covenants to complete an offer of dedication of said public access easements or convey- ance to the State within 11 years in accordance with the paragraph II1(B) of the Settlement Agreement attached hereto. 2. Duration and Termination. The rights granted herein shall be of perpetual duration. For purposes of determining compensation to be paid by reason of the taking or condemning of all or a portion of the Property for public use, the portion of or interest in the Property to be so ta>en shall be valued as though this grant of easer^nt had never be*n made. * V> ** Page 2 of EXHIBIT C X• a t ''I 'I *•* <r(: C 1763 3• Rssignr*-r!t, "uccessors and Assigns. The terms, covenants a:, : conditions contained in this etsement shall be binding upon and inxire to the benefit of tht successors ana assigns of "r*:-.tcr and Iran tees. GFACTOR: RANCHO LA COSTA, a limited partnership By: rfEWPORT SHORES BUILDERS, a corporation la* By:. Title: GRANTEES: STATE LANDS COMMISSION By: COASTAL CONSERVANCY BV! COtn'TY OF SAN DIEGO By: P«ga 3 of EXHIBIT C C 1764 EXHIBIT D OFFER TO_r""."ATE PCSLIC ACCESS EASEMENTS THIS OiFER OF DEDICATION is made this 30th day of .May, 1960, by Rancho La Costa and Newport Shores Builders, a corporation, hereinafter referred to as "Ofterror", to the City of CarlsLad, Comity of San Diego and the State of California, for purposes of granting a non-exclusive easement in gross for public use over all portions of Parcel 2 as described in Exhibit 2 attached hereto for hiking and other passive, non-moteri-ed recreational uses hereinafter specified, upon the conditions set forth be- low. If su..ri offer has not been accepted within ten (10) years of the dete of recording of t_ie offer, tht parcel described hereinafter shall be conveyed within eleven (11) jesrs of the date of recording of the offer, in fee title to the State of California. The term "offfer^r" as used herein shall include Rancho La Costa and any and •11 of its successors ir\ interest, to th« proptrty. This Declaration is nade for the benefit of th« City of Carlsbad, County of San Diego ar.J State of California. The terns and condition* of the cffer are as followst 1. This o*f*r of dedication is the second phase of a grant of public use rights intended to carry out the pro- visions of a Settlement Agreement concluded on May , 1980 between Rancho La Costa and the California Constal Commas ion attached hereto as Exhibit *1". 2. The offer of dedication of an access easement to the City of Carlsbad, County of San Diego and St«t« of California may cnly be accepted by the public entity or agency, which «i»ultancously with such acceptance; «xecutes an agreement with offerer, or its successors or assigns, as the case may be, by which agreement the accepting entity K , - C 1765 agency cr association agrees to accept full responsibili*-.y for the maintenance and upkeep of the easement, including but not United to the removal of all trash and debris left on the property or adjacent thereto, by persons using the easensent, and to assume all liability for any injury to persons using said access easement. 3. This offer of dedication of access easements shall renain open for a periof of ten (10) years from the date thereof. In the event that none of the three public entities •numerated in Paragraph "1" accepts the offer of access easement, the area described in Paragraph "4* shall be conveyed in fee to the State of California; the only con- ditions of said conveyance shalJ be a limitation of use by the public to pedestrian uses such as hiking and pic- nicking «:-.<,; a prohibition on use by the public of motorized vehicles or equestrian uses except as may b« necessary for emergencies or aiai.ntenar.ee activities, and the resprvation of rights as set forth in Paragraph "7" below. 4. This offer of dedication is for all portions of Parcel 2 described in the attached grant of open space easement. 5. Du r a t ion and Te ntiination. The right! granted herein shall be of perpetual duration. For purposm of determining compensation to b* paid by reason of th* taking or condemning of all or <• portion of th* Property for pub- lic use, the portion of or interest in th* Property to be so ta>en shall b* valued as though this offer of dedication had never been mad*. *• ^sstgnwentf Successors and Assigns. Tha terri, covenants and conditions contained in this offor of dedica- tion shall b« binding upon and inura to th* benefit of the Successors ar.J assigns ot Gmntor and Grantees. By the acceptance tf a de*d of conveyance, each grantee or transferee | Page 2 of EXHIBIT D 4 • o roenu*.en Ocn cto^j -TT * -0 1766 of C^'ls7a:-t wit", ret ect te the Project, accepts the property subject t-D ail existing easements, covenants, conditiers sir..,: res: tru_-ti .-as herein, running with the land, and shall rjir.i any person having at any time any interest or estate in the Project, and shall inure to the benefit of the Cif- cf Carlsbad, County of San Diego and State of California in like manner as though the provisions of this Declaration were set forth in full in each deed of conveyance. 1. Offerror specifically reserves to itself, its successors and assigns the right to construct and use roads or highways from El Car.ino Real ovsr Parcel 2, to provide necessary ar-ess to offerer's remaining property provided that all necessary governmental authority for »uch con- struction and use shall firrt b« obtained. DEC1,;-HANT HAS EXECUTED THIS DECLARATION on th« date set forth above. I RANCHO LA COSTA, a limited partnership NEWPORT SHORES BUILDERS, a corporation _.Title: '*•'M;Paqc 3 of EXHIBIT D • o en ao i!•I EXHIBIT E JOINT ESCROV7 INSTRUCTIONS Kay , 1980 Title Insurance and Trust Company Box 1150 San Die;-, Califc: r.ie. 92112 Se: Ger.t. ":en: The ur.ie: s: .r.ec Fairies, THE CALIFORNIA COASTAL COMMISSION, an ag^-.cy : •' the St; -e cf California (hereinafter "Co~- mission";, an RANCHO LA COSTA, a California partnership (herei.ia:-.er "Ranch::") hereby deliver to Title Ir.suru.cr anc Trust C-^-pa-.y the follt-winc docurients *nd instructio-.s regard I--.;: a final settlement ard stipulation by the Part:°s hereto of litigation _", the Court of Appeal of th» 3'_,ntc cf Californ^-', Fourth Aprrllate Districc Case ;<o. 16003. The f.^nal set»le~ent and rr ip-.:lation by the Parties rc'^rdir.g said lita ration concerns that certain real property located in the City of Carlsbad, County of San Diego, State of Califor .ni.i, more particularly described in Exhibits "A" anrl "B" attached hereto a-i ' incorporated herein by th_r, r-^f- er«nc« thereinafter "Property"). EXH1BITE toen**»eno 01 J I i - J4 ill 1768 The tern "close of escrow" is deeded to be the date of record'-.ion of the documents referred to in Article I A and B hereof. Prior '. deliver Trust C between AKTICL" I pocu:ir..'TS ..e clrre 01 escrow, tM undersigned Parties will or cause to ire delivered ;c Title Insurance and T.p-ir: y the following documents: A. Settlf.ner.t Agreement, fully executed by and •, ;-.o Corjrissi^", ar.d P.ancho. B. Grn:.t cf 0{ en Space Easement and Offer of -", fully ex<>;uted by Rancho. C. Disrr.isial of Appeal to b« filed with Cour:. of t'j j. • ; i :' i i f , 1 ) ' foi ex •,"'.• ' si; ; ;n , ARTICLE II INSTRUCTIONS Upon receipt of the & rove-described documents, Title Insur- ance ar i Trust Company is hereby instructed to ds t.V- fol- lowing: A. As • c:-id;.tion to the final rocorc'.«t. ion of docu.nent« referred tc in Article I A, I B and the filing with th-» Clerk of the Court of the document referred to in -2- 1763 Article I C hereof, written confirmation by the Parties of final mutual approval of the provisions of the I B documents shall be rec.ived by Title Insurance and Trust Company. Said written approval by all the Parties hereto is an express condi-.; ::: to the close cf escrow by Title Insurance and Trust Co-p=sny. B. Issue a Preliminary Title Report reflecting the fact that all Parties possessing any interest in the Property subject to the above-described Grant cf Open Space Easercnt , anc Offer cf Dedication including but r.jt limited to, the record owner, beneficiaries and trustees under any deeds of ttost, rr.ort .' iges under any and all mortcages and all cth*r lien hclieis er.cu.r.bering any and all portions of said Pr-y-crty, shall have jointly executed said GiJir.t cf Open S\ .ce Las« me :;•- and Offer of Dedication and that all cxistir, : liens (ethe; tJ.ar. non-delinquent property taxes, easements, and z:-:ht«;-of-way of record) coveriri.T *r,y portion of the Property have been subordinated to the ir.tcr^'ts grantee pursuant to said open Space Easenent and Offer of Dedication. C. Issue a binder assuring that TitJr ir.-.v.rancp and Trust Company «h.ill issue iti standard forn A.L.T.A. Policy of Title Insurance in favor cf th« Com-ni tis^or. and the St*te ot California, with liability in the amount of 560,000, with a provi»ion tor an automatic annual incre»^o propor- •a C-}o fro 1 . 1770 tionate •- curing t: Price In-. (1967=1: the Bure r.ent of May, 15' in acccr above, e the reco cbtair- instruc-- Cour.ty • .:. tve increase, if any, in the cost of living -.e prececlinc calendar year based upon the "Consumer .ex - Los Angeles/Long Beach Metropolitan Area '. ) ,V! 1 Items" (hereinafter "Index"), published by iu o: Labor Statistics of the United State? Depart- Tarrr. The Index Kuraber last published prior to I, shall be the "Base Index Nuiiber," insuring title dsnce with the terrrs of the Preliminary Title Report. 13. If Title Insurance and Trust Company issues a .--ry Title ?ep:rt and binder as set forth herein- -d final nutur. 1 approval as a condition j-rer«?dcnt to rdation of documents set forth hereinabove is , trier. Title Insurance and Trust Corrpany is hereby :• .1 to record with the Count} Recorder for San Diego .e folio-win? documents: 1. Settlement Agroenent referred to ii Article- I A V I Dedicat i- docurrient and 7rus Distr.j ss?! of the t located 2. Grant of Oper. Space Easement and Offer oi :T. referred to in Article I B. 3. Simultaneously with the recordation of a referred to in Article D 1 and 2, 7it!'> Ir-.-.urancf* t Co»ti,iny is to file the executed Requo-.t for 1 of Appeal Described in Article I C with the Clerk alifcrnia Cc ;rt cf Appeal, Fourth Appellate Discric' ?>t San r-:e-..-., California. • e A3cn rq izjl 1771 E. In the event Title Insurance and Trust Company is unable to issue the Preliminary Title Report and binder as herein set forth, it shall BO notify thr; under- signed Parties and shall thereupon await further written joint instructions. ARTICLE III COSTS AND EXPENSE OF ESCROW Rancho agrees to pay all costs of the escrow holder, Title Insurance and Trust Company, including escrow fees. Pre- liminary Title Report fees, Title Insurance fees, recorda- tion tees, if any, and other related costs. CALIFORNIA CO/ Ry: RANCHO LA COSTA, a Limited Partnership By: MicharTT. FiVcTier, t _______Donald B7 Ayr*s, c r . , G "ricral Par t n c r -5- Lota 1 through 329 of Carlsbad Tract 72-34 (Rancho La Cuesta) Units 1 through 4 in City of Carlsbad, County of San Diego, Stnte of California, According to Maps thereof Nos. 8350-8353 inclusive as recorded in the Orfice of the County Recorder of San Diego County dated July 28, 1976. (Contains 108 Acres, more or lass) PARCEL 2 That portion of Lot 3 of said Section 35 that is northerly of the easterly prolongation of the northerly line adjoining the northeasterly corner of Lot 12 of said Section 35; And that is westerly of Road Survey No. 18CO-1 described in Deed to the County of Sin Diego recorded November 28, 1969 as Document No. 217326, Official Records of said San Diego County; And that is southerly of the following described line: Commencing at the -!K>st southeasterly corner of Carlsbad Tract 72-34 according to Map thereof N'o. 3353 filed in the Office of the Recorder of said San Diego Jaunty; Thence South 20" 01' 19" West along thu vesterly line of SI Camino Real right-of-way recorded as Road Survey Map No. 682, November 21, 1969 as file No. 217326, official Records of said San Diego County, a distance of 405.30 feet; Thence North 32' 54" West a distance of 258.85 feet to a noint of tangency with a 551 foot radius curve concave southerly; Thenc* venterly along the arc of said curve thru a centnl angle of 40' 28' 11" for a distance of 394.13 feet, rr.or« or less, to the easterly line of the northwest quarter of said Section 35. (Contain! 10.049 Acres, more or less) EXHIBIT "2" TO OITKR TO DEDICATE PUFH.IC ACCESS l:A' !.fi:';7 • o en CDor Ct O