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HomeMy WebLinkAbout1968-05-07; City Council; Resolution 1521Ti ... .......... - L- *<I<,., .... oi17x I,&... ............ ..... -._ , r-. c-594 Lally G Schrader Escrow No. ............................ ..__Escrow Officer ................... : ................................................ Date March 27, 1968 ................................. The terms and conditions of the above numbered escrow arehereby amended as fol.lows: Legal descriptions covering property to be conveyed in connection with the above nurnbered escrow to cover parcels marked Parcel A, Slope Easement 22 feet in width and Slope Easement 70 feet in width, in lieu of previous designation of legal descriptions. Parcel B to be‘retained by sellers. ALL OTHER TERMS AND CONDITIONS OF ESCROW REMAIN THE SAME. END OF 1 NSTRUCT 1 ONS CITY OF CARLSBAD, CALIFORNIA HENRY MAYERS INVESTMENTS INC. SIGNATURE SIGNATURE , I., , . I.. SIGNATURE SIGNATURE ADDRESS - T E L E PHON E ____._I____-_ ___ .. L 'E-2A IM 12-67 WP F.C. No. 9002 ESCROW INSTRUCTIONS e Escrow No. c-594 Escrow Officer La1 ly G. Schrader Date March 22, 1968 70 @CWNSIDE FEDERAL SAVINGS AND LOAN ASSOCIATlQN In consideration of your acting as escrow holder herein, it is agreed that you shall in no case or event be liable for for- geries or false personations in connection with these instructions, instruments of record, or those handled in this escrow. It is further agreed that if any controversy arises between the parties hereto or with any third person, you shall not be re- quired to determine the same or take any action in the premises, but yoil may await the settlement of any such controversy by final appropriate legal proceedings or otherwise as you may require, notwithstanding anything in the following insiruc- tions to the contrary, and in such event you shall not be liable for interest or damage. In the event of such controversy, you shall be entitled to reasonable compensation for all services performed by you and to costs and reasonable attor- ney's fees if you intervene in or are made a party to any litigation, the undersigned jointly and severally agreeing to pay the same, and you shall further be entitled to hold all documents and monies deposited herein pending payment thereof. I will hand you, prior to recording of documents, the sum of $18,700 .oo TOTAL SALES AND PURCHASE PRICE $18,700.00 and will deliver to you any notes, instruments and additional funds required from me to enable you to comply with these instructions, all of which you are authorized and instructed to use and deliver provided instruments have been filed for record entitling you to procure assurance of title in the usual form of a Siandard Policy of Title insurance, issued by TITLE I NSURANCE AND TRUST COMPANY with a liability of $ 18,700.00 described as follows: Owners covering property in the County of San Di ego State of California See legal descriptions attached hereto marked Parcel A, Parcel B, Slope Easement of 22 feet in width,and Slope'Easement of 70 feet in width, showing title vested in CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation SL'8JJzCY Tea: 1. None General and Special taxes for the fiscal year 1967-68 including any special disirict levies, payments for which are included therein and collected therewith, and personal property taxes, if any, assessed against any former owner. 2. Assessments and Bonds, presently of record, having a present unpaid balance of None 3. Covenants, conditions, restrictions, reservations, easements, and rights of way of record (if any] 4. None 5. Deed of Trust on OCEANSIDE FINANCE COMPANY form, executed by securing a note for $ None in favor of Dated with interest ai per cent per annum, from principal and interest due and payable in instalments of $ day of every month, beginning payable at, OR MORE, each on the and continuing until It is hereby understood and agreed between parties hereto, and for which escrow is not concerned, that: (a) The City of Carlsbad will re1 inquish all slope easements at the time the owner of the property makes certsin improvements, thru developement, that will remove the necessity of maintaining said slopes for the protection of theElm Avenue right of way; (b) The City of Carlsbad give consideration of access to Elm Avenue at the time a definite development plan is submitted to the City. It is understood that the final decision will be made at that time. , .. I o:.. . , . . i As of None the following adjustments and prorotions only are required in this escrow: I) e -1 . Unless otherwise provided make all prorat -,,s and adjustmenfs on basis of 30 day month; reel property taxes, and as- sessments or bonds on figures provided by Title Report, excluding taxes on Personal Property not being conveyed throucjh this escrow; rents on basis of statement approved by me; principal and interest on encumbrances of record based on statements by Beneficiary or holders of notes for collection; and interest on new en-umbrances by endorsements on notes. Seller represents and you are to assume that the premium on any insurance policy which seller hands to you or causes to be handed to you in this escrow, or which is revealed to be in the possession of a beneficiary, has been paid in full and that such policy has not been hypothecated. Forward such policies and/or endorsement forms to be attached thereto, if any, after close of escrow to the agent with a request that the insurer consent to the transfer thereof and/or the attach- ment of loss-payable endorsement or mortgagee's clause or other additions or corrections as required, and that the agent thereafter forward such policies and/or the endorsements thereto to the parties entitled thereto. Seller will pay prior to delinquency all taxes on reat and personal property not being sold herein, which tax is a lien on the herein described real property. You are not to be concerned with same. It is agree'd by the parties hereto that so far CIS your rights and liabilities are concerned, this transaction is an escrow and not any other legal relation and you are an escrow holder only. The expression "close of escrow" if written in these instructions shall mean the date instruments are filed for record. It is understood that all disbursements shall be made to parties in interest, by your remittance and that remittance and instruments will be mui!ed to one of the parties entitled thereto, if more than one, to address given below. Instruct County Recorder to mail instruments in the same manner, Deliver Title Policy to Ci ty of Carl sbad I will pay, an demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute, fee for recording Your escrow fee and Regardless of any wording to the contrary, purchasers herein will pay all costs in connection with escrow, recording, and title charges. IF YOU ARE UNABLE TO COMPLY WITH THESE INSTRUCTIONS ON OR PRIOR TO Apri 1 22, 1968 YOU WILL COMPLY AS SOON THEREAFTER AS POSSIBLE UNLESS A WRITTEN DEMAND FOR RETURN OF MONEY OR INSTRUMENTS BY A PARTY TO THiS ESCROW IS RECEIVED BY YOU SUBSEQUENT TO SUCH DATE AND PRIOR TO THE RECORDING OF ANY INSTRUMENT PROVIDED FOR HEREIN. CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation .I Signature .By: ....................................................................... S ig no t tire ............................................................................. Address ............ 296.0 ..f?. i.0 ... p.i..CO. ...................................... Address ............................................................................... Telephone Telephone ........................................................................... Charles E. Martin Carlsbad, California 32008 THE FOREGOING INSTRUCT!ONS AND CONDITIONS ARE HEREBY APPROVED AWD ACCEF'TED IN THEIR ENTIRETY AND CONCURRED IN BY ME. I will supply you with funds, notes and instruments required from me to enable you to comply with these instructions which you are authorized to use and deliver provided you hold for my account any instruments accruing to me and the sum of $ Deduct all my expenses from funds accruing to me. I will pay, on demand, rcgurdless of the consummation of this escrow, all charges incurred by you for me (except those other party has agreed to pay], including title charge, fee for preparing instruments I execute, your none escrow fee and Regardless of any wording to the contrary, sellers herein to pay no costs in connection with escrow and title except documentary stanps to be attached to Grant Deed and costs in connection with release of existing loans, if any. 18,700.00 Internal Revenue Stamps are to be affixed to Deed I execute in the amount of $ 20.90 Pay commission, per separate agreement, to Pay demand of beneficiary, if any. Costs in this connection to be paid by seller. None Pay bclance. by check, to se 1 1 e r. HENRY YA'(EP\S 1 NVESTMENTS, I NC. Signature BY. ............................................................................ Signature .. ................................ , A. 7'. Howard-Jones, President Address ....... ........................................................................ ddress .... ................................. Telephone ............................................................................ Telephone ............................................................................ ..... .. I-' L : ..... .... .... .. i! ;..: .... .- .* << : r, a;, ;i: 2.. :. ,* (.I' ; .-:* ... :A. * .j ..I ... .. ..... j... ..a 8.z. :.L . :.. j: ... '. y I :: v. 8 .- .* 1. .. -.., .*.L .. ., .... .... v. .., .I.-. Y I . DOSALD H. XC!.L',' e LAND PLANX!XG &GAL DESCRITTIONS LICENSED LAN3 SUWEYOX 2955 RocxwELr - P.O. EOX 614 CARLSSAD, CALIFORNIA 92008 I___ Phone: 729-5941 September 22, 1965 -I henry Piayers lnvestments, Inc. Parcel 3. All that portion of Lot 31 of Skitterson's Addition to the Diego, State of Californla, according to Ear, thereof Xo. 565, filed in the office of the County &corder of San Diego Courity , Se2tenber 22, 1588 , descriSed as follows : -*2$s- n ova of CalsLad, in the City of Carlsbad, County of San , , .A SAC1 ..) iJ .. . .... ..... ....... OULlX OUllA .i ~ -. . ... -- ................... CI I.<,<, > - i. .- __ - ,,-\ * .- . LAND PLAXhehG LEGAL DESC2i?iiONS HYDZOGPAPHiC SU4VEYS DONAL9 t!. Ei3l.1:' LICENSED LAND SUXVEYGP 2965 2OOSEVELT - P.O. BOX 614 \ CARLSSAD, CALIFO2NIA 92008 c__ Phoner 729-5941 October 14, 1965 X1x dvenua Hemy Xayers Invesksents, Inc W.j,&? A11 t3a.t portion of Lot 31 of Patterson's Xdditior, to the 3von of Czrlsbad, in the Clty of CarlsSad, .Co~nty of San aiego, State of California, zccording to X.z> Ynereof No. 565 filed in t'ne Cffice of the County Recorder of San %.ego Cocnty, Septezber 22, 1888, describe2 as i'olloi~s: ....... .- .... -._ ... -- Mh?S SURVEYS I LAND ?LANSING LEGAL DESCRl?TlOhS 0 '7 . HYD2OGXh?SlC SU2VZY5 LICEXSI3 LAX3 SLAY2YOA 2965 ROOSEVELT - P.O. EOX 614 CARLSBAD, CALFORNIA 92C08 Phonar 729-5941 Febrilary 18, 1966 Elm Avenue Henry ;.!ayers investz:ezts, im. Slope Eascxent An eascmnt for slope cozstruction purposes beicg a strip or" land 22 feet in vridth over Parcel B above, the Nortn- ~esterly line of said strip being described as follo\~is: Segimizg at a point on the centerlir,e of Valley Street, distant thereon, Korth 34" 02' 15" Wzst (Xecord Xorth 34" 33' \'?est) 283.30 feet from the intersection of the cezter- lines of said. Valley Street and Oak Avecue said point of beginning being the most \';esterly corcer of that Tract of land conveyed. by South Coast Lsnd Conpny to Ber, E. Denler and Louise Denler by Deed dated Xugdst 14, 1928, and re- corded in 300k 1540, Page 212 of Deeds; thence alor,g said ceEterline of Valley Street, ~orth 340 02' 15" 'Yest (ae- cor6 North 34" 33l !'!est) 207.70 fezt to a point on said centerline, distmt thereo-, Sonth 74" 02' 1511 Zzst (22- cord South 34" 33' Zast) 37.52 feet fron the Southwesterly corner of the land coxveyeC by South Coast La7.d Coxipany to Carl .G. .Strock and 3la:iche 3. Strock by Deed dzted September 22, 1930, recor6ed Septenbcr 27, 1930 in Book 1811t, Page 327 of Dee2s; thence leaving said cez'ierline at right angles thereto, iiorth 55" 57' k5" 3;tst 30.00 feet to the ?OIXT I%, b3ing a 2oint in the Northeasterly line of said Valley Street said point being on the E~C of a 10 foot rhdius curve, cancave Sasterly, said last'm?ntioned course behg radlal to said curve; thence KortZierly along the arc or said cilrva 15.71 feet *- LroGg'rL a central angle of 900 01' 14'l; ther.ce tangent -lo sald cu~ve, North 55." 58l 59" Sast k1.51 Iszt to the begi!-,nlrLg of a tangent 1158 foot radius curve, concave Southsasterly ; therice Xortheasterly alocg the arc OF saTC curve 271.81 feet t?,rough a central angle of 13' 26' 55"; therice txg;.nt to said curve, Xortl: 69" 25' 54" Zast 214.66 r'eet to the Segixing of a tangent 104.2 foot radixs curve , concave Nortkzestc-ly ; tkLence Northeasterly a1or.g L' LCe arc of saLC ccrvi. 9.3 -87 feet t>zocz> a cc-ntral angle of 5" 29' 30" to the XGrtheasterly tertfiinus of sald line. , / L... - --- . . .. .. -.-. . . ... ........ ..... _- .... .. * c *,, . ' '? I .L thi\?S SUitYEYS HYDROGRA?H;C SUNEYS LAND PLAXNISG LEGAL DESC2IPTiOSS DOSALD H. H311Y. LICESSED LAX3 SGNEYOZ 2965 RGOSEVELT - P.O. BGX 614 CARLSBAD, CALlfOSNIA 92008 __.__ .. Phcnct 729-5941 February 18, 1966 . Sln Averae Henry Kcyers Investxents , Inc. Slo2e Easement -. -- . An easement for slop construction purposes being a strip of land 70 feet in viidtln over Parcel B ajove, the Worth- westerly line of said strlp being described as follo17:s: . .* *' Beg2cnin.g at a point on the centerline of Valley Street, distant thereon, Rorth 34" 02' 15" est. (Record North 340 33' Vest) 283.30 feet frorn the intersection. of the center- lines of said Valley Street and Gal-: Avenue said point of Seginning being the nost ?'!cstcrly corner. of that Tract of land conveyec 'I by So;& Coast Land Conpany to Sen E. Demier and' Louise Deder DY Deed date2 %ugust 14, 1928, and re- corded in aook 15L;0, Page 212 o? Dee2.s; thence along said . centerline of Valley Stree-l, North 34" 02' 15" ':!'est (Se- cord ~orth jLio 33' ?!est) 207.70 feet to a point on said centerline, distant thareon, South 34" 02' 15" East (se- cord south 340 33' Gast) 37.52 feet fro:; the Sout>.viesterly corner of the lanc? conveycd by Soxt:? Coast Lazd Conpacy to Carl G. Strock and Slaccke D. Strock by Deed dated Senteajer 22, 1930, record?& Se2tecber 27, 1930 in Book 1814, Page 32? of Deeds; thezce leaving said. centerline at. rlght zczles thereto, Xo~kh 55" 57' ';5" East 3O.CO feet to a point is the Xortherly lice of said Valley Street said r;oint being on the arc of a 10 Toot radius curve?, concave Easterly, said last ncntioncd COL-CS~ being radlal to said curve; thence Northerly aloag the arc bf sald curve 15.?l Teet throqh a central ar,gle of 90' 01' 1Li"; thence tangent to saj.2 curve, Kort:2 55" 581 59" Bast 41.51 feet to the begizxng or^ a tangmi 1158 foot radius CUFVC, coccave . .. , .. i ! .. Southeasterly; thence Northeasterly along the arc OZ said ! curve 271.81 feet +' vnroug'r a central azgie of 13" 26' 55"; 1 the,-.ce taxgcr,t to said crrrve, ?,-ortX 65" 25' 51;'' East 214.66 i feet to t'ce L?;innLnS of a tac~ezt 1042 foot ra2ius curve, COSC~VE~ Xori?.v:~sterIy; thccce Xorthezis terly along the arc i of szid ccrv? 59.87 feit t~rou.g>~ a centra: a;-.sLe or^ 5" 29' Nor t>- 2,~ s : e-1 :r 21 0 2~ t?: 2 xc of Enid curve, 170.00 fast I ~o.~ouc& 2 c??.t:-~l ;r.gl~ of 9" 2G' 51" to 8 2012; .. In t:r,e cer.t?rli;;e of Canyon Str?et, 'ci55r.g the Sort?.cast?riy ia i i -1.: I 1 3011 to +'o ~ c*--r--' pa7y7 G" 3'PTNST?,;G. i' "..L ,XJJ ir & I JUI _. , ,nc-nca continiiic- 0 . L i i ter.T,$r.us of sald lL~.s. ! i !J,E~~,?E:: A?,',EXiC;\N CCSG??SS ON SUZVEYiKG AX9 MAP?ISG ......... . ! ... ----- ..