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Home My WebLink About1968-08-06; City Council; Resolution 1542A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION OF 7 8 ESCROW INSTRUCTIONS AND ACCEPTANCE OF DEED REGARDING PURCHASE OF PORTION OF HOLIDAY PARK. 1, The Mayor of the City of Carlsbad is hereby authorized and directed to execute those certain escrow instructions in I 1 /I The City Council of the City of Carlsbad does hereby resolve I 5 I1 I 1 l3 ~ 14 15 15 17 18 19 20 21. I 61 ‘I as follows: 2. The City Clerk of the City of Carlsbad is hereby authorized and directed to accept on behalf of the City that certain Deed to a portion of Holiday Park, a copy of which is attached hereto and by this reference incorporated herein. PASSED, APPROVED, AXD ADOPTED at a regular meeting of the City , 1968, by the following vote, to Council held August 6 wit: AYES: Councilmen Neiswender, McComas, Dunne, Jardine and Cas tro. 24 25 9 ll 1 ~ regard to the purchase 253 1 29 30 31 i 32 of a portion of Holiday Park, ATTEST : i ’ 1 I I COPY of which instructions are attached hereto and by this reference incorporated herein. ESCROW INSTRUCTIONS TO OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION 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 you may await the settlement of any such controversy by final appropriate legal proceedings or otherwise as YOU may require, notwithstanding anything in the following instruc- 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 $31,000.00 ' $31,000.00 *. TOTAL SALES AND PURCHASE PRICE ,.. 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 Standard Policy of Title Insurance, issued by TITLE I NSURANCE AND TRUST COMPANY with a liability of $ 3 1 , 000.00 described as follows: OWNERS covering property in the County of San Di ego State of California Lot 14 of OPTlMO TRACT, in the City of Carlsbad, as more fully described in legal I- description attached hereto marked EXHl BIT A. showing title vested in CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation SUBJECT TO: I. All General and Special taxes for the fiscal year 19681 1969 including any special district levies, payments for which are included therein and collected therewith, and personal property taxes, if any, assessed against any former owner. Assessinents and Bonds, presently of record, having a present unpaid balance of None 2. 3. 4. None Covenants, conditions, restrictions, reservations, easements, and rights of way of record (if any) 5. Deed of Trust on OCEANSIDE FINANCE COMPANY form, executed by securing a note for $ in favor of Dated with interest at 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 .. AS of date of recording D- the following adjustments and prorations only are reauired in thir escrow. . . ,Unle~~.~therwise provided make all prorations and adjustments on basis of 30 day month; real property taxes, and as- ses;*-m-nts or bonds on figures provided by Title Report, excluding taxes on Personal Property not being conveyed through . . 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 enmmbrances 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 real 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 agreed by the parties hereto that so far as your rights and liabilities are concerned, this transaction is an escrow and not any other legal relation and you are an escrow holder only. * d ‘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 mai!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 owner I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for Regardless of any wording to the contrary, purchasers herein are to pay full escrow fee and full title insurance fee EXCEPT documentary stamps, and payment of release of present encumbrance. preparing instruments I execute, fee for recording Deed. wxxxxxxxxxxxxxxxxx~*~~ . IF YOU ARE UNABLE TO COMPLY WITH THESE INSTRUCTIONS ON OR PRIOR TO YOU WILL COMPLY AS SOON THEREAFTER AS POSSIBLE UNLESS A WRITTEN DEMAND FOR RETURN OF MONEY OR tNSTRUMENTS 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. August 30 , 1968 CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation BY: Signature ............................................................................. Signature ............................................................................. 296s Pi0 Pic0 Address -cart.s.bad.. ..Ca.,.i.f .... 92008 .............................. Y Address ............................................................................... Telephone ___________________~ ............. ______________________~____________________Telephone ............................................................................ Property: Portion of Holiday Park THE FOREGOING INSTRUCT!ONS AND CONDITIONS ARE HEREBY APPROVED AND ACCEPTED 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 $ 31,000.00 disbursed as 1 isted below marked (*) Deduct all my expenses from funds accruing to me. I will pay, on demand, regardless 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 . escrow fee and Regardless of any wording to the contrary, sellers herein to pay no costs in this transaction EXCEPT documentary stamps, release of existing encumbrance and tax pro-rations. Documen ta r y XkW Revenue Stamps are to be affixed to Deed I execute in the amount of $34.65 Pay commission, per separate agreement, to NONE Pay demand of OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION. All costs in this connection to be paid by sellers. . (+;) Disburse funds accruing in this escrow as follows: $674.15 to Mr. R. F. Hayes, Attorney, P. 0. Box 127, Oceanside, Calif.92054 one-quarter of net proceeds to Mr. James C. Pope three-fourth of net proceeds to Mr. and Mrs. Edward P. Schoppe pay balance, by che-&, to SEE ABOVE DI SBURSEMENT I NSTRUCTI ONS. Signature . .3AM’ES.. .... .PO~E .............................................. Signature .... S.cHoPP’E ..................................... Address ............................................................................... AAAK~ ................................................................................ RUTH SCHOPPE Telephone ............................................................................ Telephone ............................................................................ I. LEGAL DESCRIPTION TO BE ATTACHED TO ALL DOCUMENTS IN ESCROW 4-622 DESCRI Bl NG PORT1 ON OF HOLIDAY PARK, DESCRIBED AS FOLLOWS: LOT 14 OF OPTIMO TRACT, FILED IN TfIE OFFICE OF TitE C.OUXTY RECORDER OF SAfL) COUi\!TY, SEPTENSE~ 4, 1924, TOGETfIER WITH THAT POETION Oi- FRACTIONAL AKENDED MAP THEREOF NO. 775, FILED IN TtIE OFFICE OF THE. COUNTY RECORDER OF SAID COUNTY, FEBRUARY 15, leg+. ALSO THAT PORTION OF WALNUT STREET AND A PORTIC?.I OF 71-H STREET ADJOINING SAID CLOCK ON THE NOXTI-WEST AND NOi!l'kl:'.AS? RESPECTIVELY, AS CLOSED DY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, RECORDED PlARCH I, 1915 IN BOOK 36, PAGE IOL! OF OFFICIAL RECORDS, LYING EASTERLY OF THE EASTERLY LINE OF PI0 PIC0 DRIVE, AS DESCRIBED IN COUESE NO. 5 OF PARCEL '4 OF RELINQUISHMENT OF fNSTRUP1ENT NO. 97644, BOOK 5312, PAGE 91 OF OFFICIAL RECORDS. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO :*IAP TIIEREOF NO. 1805, BLOCK 71 OF SHE TO';lN OF CARLSSAD, COUi'i'fY OF SAN DIEGO, STATE OF CALIFORNIA, ACCOi',DIr'!G TO IN THE CITY CF CARLSBAD, COMMENCING FOR REFERENCE AT THE SOUTHEASTERLY COXi\!ER OF LOT 16 OF OPTII40 TRACT, ACCORDING TO NAP THEKEOF NO, 1305, FILED IN 'THE OFFICE OF THE COUNTY RECORDZ2 OF SAID COU;\ITY, SEPTENEER 4, 1324; THENCE ALONG THE SOUTHERLY LINE 07 SAID LOT 16, NORTH 88*34'10" KEST 3k.12 FEET TO A POINT Or! THE N08THEASTERLY LIEIE OF LAND DESCRIDED IN DEED TO THE STATE OF CALIFOXNiA, RECORDED NOVEMBER 12, 1952 IN BOOK Li652, ?AGE 35 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASYERLY LINE NORTH 63°14119" VIEST 20.37 FEET TO THE TRUE POINT OF 3EGIPJNING; THENCE NORTH 2Z033'37*' ',$EST 666.90 FEET; THENCE ALO:.!G A TANGENT CURVE TO THE RIGHT !*fITti A RADIUS OF FEET; THENCE NORTH 38O 54' 52" EAST 70.92 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT 113, I 4970.00 FEET THROUGH Ai4 ANGLE OF 03*34'29" A DISTA'4CE OF 310.08 ** RECORDING REQUESTED BY 2arrs'i&e Federal Savings and -oan Association '. 0. Box 1127 California 92008 la ' bad ' AND WHEN RECORDED MAIL TO rThe City of Carlsbad 2960 Pi0 Pic0 ame 1 I iresi Jer, Carlsbad, Cal ifornia 92008 r& -a'a L 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO 1 same as above r me AFFIX I.R.S. ~.......... 34 r........................... 65 ABOVE I Grant THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY TO 405 C (4-67) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES C. POPE, a married man, as his sole and separate property AND EDWARD P. SCHOPPE and RUTH SCHOPPE, husband and wife as joint tenants hereby GRANT( S) to CITY OF CARLSBAD, CALIFORNIA, a Municipal corporation the following described real property in the County of Ci ty of Car 1 sbad , State of California; S an 0 i e go Lot 14 of OPTIMO TRACT, in the City of Carlsbad, County of San Diego, State of' California, according to Map thereof No. 1805 filed in the office of the County Recorder of San Diego County September 4, 1924, as more fully described in legal description attached hereto marked EXHIBIT A. A