HomeMy WebLinkAbout1983-12-20; City Council; Resolution 74501
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
2c
21
22
22
24
25
26
27
28
RESOLUTION NO. 7450
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE CITY MANAGER
TO TAKE ALL STEPS NECESSARY TO PURCHASE .5 ACRE OF
PROPERTY FOR A FIRE STATION SITE.
WHEREAS, the Daon Corporation has offered to sell to the
City of Carlsbad .5 acre of property on Rancho Santa Fe Road
approximately one mile north of La Costa Avenue for the price of
$28,000; and
WHEREAS, the City has reviewed an appraisal report
prepared by the Newport Economics Group, Inc. and Jonathan G.
Thompson, SRPA and William V. Shrewsbury, M.A.1 establishing the
value of the property at $28,000; and
WHEREAS, the City Council has determined that $28,000
is a fair and reasonable price for the subject property
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1 . That the above recitations are true and correct.
2. That the City Manager is authorized to execute on
behalf of the City the agreement for purchase of real property
and escrow instructions, a copy of which is attached hereto and
incorporated by this reference.
3. That the City Manager is authorized to spend
$28,000 which has previously been allocated, plus additional
costs not to exceed $1,000 for the purchase of the property
referred to in the agreement and escrow instructions.
4. That the City Manager is authorized to accept on
behalf of the City a grant deed for conveyance of the subject
property which substantially conforms to the grant deed attached
to the agreement and escrow instructions.
a
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 20th day of December , 1983
by the following vote; to wit:
AYES : Council mrs Casler, Lewis, Kulchin, Chick and Prescott
NOES : None
ABSENT: None
ATTEST :
yty
MARY H. ASLER, Mayor
4- @4-
ALETHA L. RAUTENKRANZ, City Clerk
3
0
AGREEMENT FOR PURCHASE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
4
TABLE OF CONTENTS
Page Section Title No.
RECITALS ......................................... 1
TERMS AND CONDITIONS.............................., 1
1.
2.
3.
4.
5.
6.
7.
a.
PURCHASE AND SALE OF THE PROPERTY................. 1
OPENING OF ESCROW.................................. 2
CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE....... 2
3.1
3.2
3.3
Delivery of Documents....,............... 2 Validity of Representations and Warranties 2 Condition of Title.......... ............. 2
CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE....., 2
4.1
4.2 4.3
Validity of Representations and
Warranties...,.,..... .................... Delivery of Documents..................., Approval of Lender.......................
3
3 3
3 .. CLOSING OF ESCROW.................................
5.1
5.2
5.3
Closing Date............................. Deposits to be Made by Buyer ............. Deposits to be Made by Seller.....,......
3
4
4
TERMINATION AND CANCELLATION OF ESCROW............ 4
GENERAL ESCROW PROVISIONS......................... 5
7.1
7.2
7.3
7.4
7.5 7.6
7.7
General Provisions.. ..................... Prorations... ............................ Payment of Costs......................... Escrow Holder Authorized to Complete
Blanks...................................* Recordation of Documents................. Delivery of Documents.,............,...... Performance by Escrow Holder.............
REPRESENTATIONS AND WARRANTIES OF SELLER..........
5
5
5
6
Section Title
9 . REPRESENTATIONS AND WARRANTIES OF BUYER ...........
10 .
11 .
12 .
13 .
14 .
9.1
9.2
9.3
Authority to Sign ........................
No Encumbrance ........................... Reliance on Investigations. Documents and P.T.R ................................
CONDITION OF PROPERTY .............................
GENERAL PROVISIONS ................................
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
11.19
11.20
Assignment ............................... Attorneys' Fees ..........................
Approvals and Notices .................... Interpretation ........................... Titles and Captions ...................... Gender ................................... No Waiver ................................
Modifications ............................ Severability ............................. Merger of Prior Agreements and Understandings ........................... Survival of Representations and Warranties ............................... Not an Offer .............................
Time of Essence .......................... Possession of Property ................... Counterparts ............................. Exhibits Incorporated by Reference .......
Buyer's Haterials Concerning Property .... Other Documents; Cooperation of Buyer .... Waiver of Lis Pendens ....................
Computation of Time ......................
SATISFACTION OF FIRE STATION REQUIREMENT ..........
CONSTRUCTION PHASING; UTILITIES ...................
BOUNDARY ADJUSTMENT ...............................
Page
No .
6
6
7
7
7
7
9
9
9
9 10
10
10
10
10
10
10
10
11
11
* 18-(9-131)112283
AGREEMENT FOR PURCHASE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS (Fire Station Site)
Escrow No.
Date of Opening of Escrow: , 1983
To : First American Title Insurance Company
( "Escrow Holder") 411 Ivy Street San Diego, California 92101 Telephone: (619) 238-1776
Attention:
This Agreement for Purchase of Real Property and Escrow Instructions ("Agreement") is between DAON CORPORATION, a Delaware corporation ("Seller") and THE CITY OF CARLSBAD, a municipal coiporation ("Buyer").
RECITALS
A. property consisting of approximately one-half (1/2) acre located
California and more particularly described on attached Exhibit A
Seller is the owner of a parcel of unimproved real
-in the City of Carlsbad (the "City"), San Diego County,
("Property").
13. Property on the terms and conditions of this Agreement. Seller desires to sell and Buyer desires to buy the
TERMS AND CONDITIONS
1. PURCHASE AND SALE OF THE PROPERTY.
Subject to the terms and conditions of this Agreement, Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property for $28,000.00.
-1-
.
2. OPENING OF ESCROW.
This Agreement or counterparts must be dated, signed by
Buyer and Seller, and deposited with Escrow Holder before 4:OO
P.M. on , 1983, or this Agreement is void. If this Agreement, fully signed, or signed counterparts, is delivered to Escrow Holder before 4:OO P.M. on , 1983, Escrow shall
be deemed open ("Opening of Escrow"), and Escrow Holder shall
immediately notify Buyer and Seller in writing of the date of
Opening of Escrow.
3. CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE.
Buyer's obligation to purchase the Property is subject to the satisfaction of all the conditions set forth below within the time period specified. If any of these conditions are not satisfied within the applicable time period provided below, Buyer
may terminate this Agreement under paragraph 6.2. Buyer may waive in writing any or all of the conditions, in whole or in
part, without prior notice to Seller. No waiver of a condition
shall constitute a waiver by Buyer of any of its rights or
remedies, at law or in equity, if Seller shall be in default of
its covenants, representations or warranties under this
Agreement .
3.1 Delivery of Documents.
Seller shall have signed, acknowledged and de- livered all documents and instruments to Escrow Holder as re- quired in paragraph 5.3 below.
3.2 Validity of Representations and Warranties.
Except as permitted by this Agreement, all representations and warranties by Seller in this Agreement, or in any written statement from Seller that shall be delivered to Buyer under this Agreement, shall be true as of Close of Escrow as though made at that time.
3.3 Condition of Title.
At Close of Escrow, title to the Property shall
be free and clear of all liens and encumbrances except Exception Nos. Mone3 as contained in that certain
Preliminary Title Report for the Property ("P.T.R.") issued by First American Title Insurance Company as of A~p,r 13, Iff3 I
1983 (Order No. JiO??'f7 ).
-2-
4. CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE.
Seller's obligation to sell the Property is subject to the satisfaction of all conditions set forth below within the
time period specified. Seller may waive in writing any or all of the conditions, in whole or in part, without prior notice; pro-
vided, however, that no waiver of a condition shall constitute a
waiver by Seller of any of its rights or remedies, at law or in
equity, if Buyer shall be in default of its representations or
warranties under this Agreement.
4.1 Validity of Representations and Warranties.
Except as permitted by this Agreement, all representations and warranties by Buyer in this Agreement or in any other statement that shall be delivered to Seller under this
Agreement shall be true on and to Close of Escrow as though made at that time.
4.2 Delivery of Documents.
Buyer shall have signed, acknowledged and delivered all monies, documents and instruments to Escrow as
required by paragraph 5.2 below.
4.3 Approval of Lender.
Buyer acknowledges that Seller is unwilling to close this Escrow unless Seller is able to use any or all of the sale proceeds to obtain the release of the Property from the
monetary liens presently encumbering the Property ("Existing Encumbrances"). Accordingly, Close of Escrow and Seller's performance under this Agreement are expressly conditioned upon Seller being able to obtain the lienholders' agreements to release the Property from the Existing Encumbrances at Close of Escrow ("Approval Notice") within fifteen (15) days of Opening of Escrow. If Seller and Escrow Holder have not received the
Approval Notice within the 15-day period, then Escrow shall
terminate and Buyer shall have no further right or interest in the Property or under this Agreement.
5. CLOSING OF ESCROW.
5.1 Closing Date.
5.1.1 Escrow shall close on or before O&<&C<J 31 - r I$, 1983.
5.1.2 The terms "Close of Escrow,"
"Closing Date" and/or "Closing" are used in this Agreement to mean the time the Grant Deed is filed for record by Escrow Holder in the Office of the San Diego County Recorder.
-3-
5.2 Deposits to be Made by Buyer.
At or before 12 o'clock noon on the last
business day immediately before Close of Escrow, Buyer shall
deliver to Escrow Holder:
5.2.1 Immediately available federal funds
in the amount of $28,000.00.
5.2.2 Any additional funds and/or
instruments (signed and acknowledged by Buyer, if appropriate) as may be necessary to comply with this Agreement.
5.3 Deposits to be Made by Seller.
At or before 12 o'clock noon on the last
business day immediately before the Close of Escrow, Seller shall
deliver to Escrow Holder:
5.3.1 A Grant Deed ("Grant Deed"), signed and acknowledged by Seller, in the form of attached Exhibit B,
conveying the Property to Buyer.
5.3.2 Any additional funds and/or instru- ments (signed and acknowledged by.Seller, if appropriate) as may
be necessary to comply with this Agreement.
6. TERMINATION AND CANCELLATION OF ESCRO'd.
6.1 If Escrow fails to close as provided in para-
graph 5.1., Escrow shall terminate au-tomatically without further
action by Escrow Holder or any party, and this Agreement shall be
void. Escrow Holder is instructed to return all funds and docu-
ments then in Escrow to the party depositing the same with Escrow
Holder. Cancellation of Escrow, as provided in this Agreement,
shall be without prejudice to whatever legal rights Buyer or
Seller may have against each other arising from this Agreement.
6.2 If either Buyer or Seller finally disapproves any condition referred to in this Agreement within the time period and in the manner set forth in this Agreement, all obli- gations of the parties under this Agreement shall terminate, neither party shall have any further obligation to the other under this Agreement, and Escrow Holder shall return all funds and documents then held in Escrow to the party depositing the
funds and/or documents.
-4-
7. GENERAL ESCROW PROVISIONS.
7.1 General Provisions.
Notwithstanding anything to the contrary con- tained in this Agreement, the General Provisions of Escrow Holder, if any, which are attached are incorporated by reference to the extent they are not inconsistent with the provisions of this Agreement. sions of those General Provisions and any of the provisions of this Agreement, the provisions of this Agreement shall control.
If any requirements relating to the duties or obligations of Escrow Holder are unacceptable to Escrow Holder, or if Escrow Holder requires additional instructions, the parties agree to make any deletions, substitutions and additions as counsel for Buyer and Seller shall mutually approve and which do not materially alter the terms of this Agreement.
If there is any inconsistency between the provi-
7.2 Prorations.
Property taxes for the Property shall be pro- rated as of Close of Escrow based on the actual number of days within the month and shall be based on the last statement available to Escrow Holder. If the Property is part of a larger assessor's parcel, then the property taxes allocable to the Property shall be determined on a prorata basis based on acreage. Pursuant to Article XIII, Section 3(b) of the Constitution of the State of California, Buyer shall not be responsible for payment of any portion of the Property taxes.
7.3 Payment of Costs.
Seller shall pay all Escrow costs and fees. Buyer shall be responsible for recording the Grant Deed and shall request a waiver of all documentary transfer taxes.
7.4 Escrow Holder Authorized to Complete Blanks.
If necessary, Escrow Holder is authorized to insert the Closing Date as the date of the Grant Deed.
7.5 Recordation of Documents.
When all the conditions of paragraphs 3.1 and
3.3, and 4.2 and 4.3 have been satisfied or waived, Escrow Holder shall cause the recordable or filing instruments to be recorded in the Office of the County Recorder of San Diego County, California.
-5-
7.6 Delivery of Documents.
Upon Close of Escrow, Escrow Holder shall deliver to Seller and to Buyer all documents and funds to which each is entitled, including, without limitation, the following: All net cash proceeds from the sale of the Property shall be
delivered to Seller (or disbursed according to instructions from Seller); and, after recordation, the Grant Deed shall be returned to Buyer. Immediately after recordation, Escrow Holder shall deliver a copy of all documents recorded through Escrow, bearing the Recorder's identifying information, to Buyer, Seller and Marvin S. Poer and Co., at 2140 West Chapman Avenue, Orange, California 92668.
7.7 Performance by Escrow Holder.
Escrow Holder is to be concerned only with those paragraphs under this Agreement where Escrow Holder is given instructions to perform certain acts or with those para- graphs where escrow holders generally and reasonably would be expected to act.
8. REPRESENTATIONS AND WARRANTIES OF SELLER.
In addition to the representations and warranties con- tained in other paragraphs of this Agreement, Seller represents and warrants that the signing of this Agreement, its delivery by Seller to Buyer, Seller's performance and the transactions con- templated in this Agreement have been duly authorized by the requisite action on the part of Seller, and constitute valid and binding obligations of Seller, enforceable under the terms of this Agreement. This representation and warranty (i) is material
respects as of the date of this Agreement and shall be true in all respects as of the Closing Date.
-and is being relied upon by Buyer, and (ii) is true in all
9. REPRESENTATIONS AND WARRANTIES OF BUYER.
In addition to any other representations and warranties contained in this Agreement, Buyer makes the following repre- sentations and warranties, each of which (i) is material and is being relied upon by Seller, and (ii) is true in all respects as of the date of this Agreement and shall be true in all respects as of the Closing Date:
9.1 Authority to Sign.
The signing of this Agreement, its delivery by Buyer to Seller, Buyer's performance, and the transactions contemplated in this Agreement have been duly authorized by the requisite action on the part of Buyer, and constitute valid and binding obligations of Buyer, enforceable under the terms of this Agreement.
-6-
9.2 No Encumbrance,
Buyer shall neither encumber nor cause any liens to be created against the Property in any way before Close of Escrow without the express prior written consent of Seller.
9.3 Reliance on Investigations, Documents and
P.T.R.
In making its decision to purchase the Property, Buyer represents that it has relied solely upon its investigations of the Property, Seller's specific representations and warranties contained in this Agreement, the P.T.R., and all
other documents delivered or to be delivered to Buyer by Close of Escrow in connection with the Property.
10. CONDITION OF PROPERTY.
Buyer agrees that it is purchasing the Property on an "AS IS" basis and based solely on its own investigation of the Property.
11. GENERAL PROVISIONS.
11,l Assignment,
This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Buyer
shall not have the right to assign this Agreement or any interest
or right under this Agreement or under the Escrow or to appoint a designee to act as Buyer under this Agreement without obtaining Seller's prior written consent. In no event, however, shall any assignment relieve Buyer of any obligations under this Agreement without the express written consent of Buyer.
11.2 Attorneys' Fees.
In any action between the parties to enforce any of the terms or provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief or other relief, to its reasonable costs and expenses, including, without limitation, costs and reasonable attorneys' fees fixed by the court.
11.3 Approvals and Not ices.
Any approval, disapproval, demand, document or other notice ("notice") which either party may desire to give to the other party or to Escrow Holder must be in writing and may be
given by personal delivery or by registered or certified mail,
-7-
13
return receipt requested, to the party to whom the notice is directed at the address of the party set forth below, or at any other address as the parties may later designate:
To Seller: Daon Corporation
4350 Von Karman, Suite 100 Newport Beach, California 92660 Attn: William Storm
copy to:
To Buyer:
Drummy Garrett King & Harrison
3200 Park Center Drive, Suite 1000 Costa Mesa, California 92626
Attn: Daniel K. Winton
City Attorney City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008 Attn: Daniel S. Hentschke
Any notice given under this paragraph, whether personally or by mail, shall be deemed received only upon actual receipt by the intended party.
11.4 Interpretation.
This Agreement shall be construed under the
The parties consent to the juris-
laws of the State of California in effect at the time of the
signing of this Agreement. diction of the California courts with venue in San Diego County.
11.5 Titles and Captions.
Titles and captions are for convenience only and shall not constitute a portion of this Agreement.
11.6 Gender.
As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates.
11.7 No Waiver.
A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.
-8-
11.8 Modifications.
Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
11.9 Severability.
If any term, provision, condition or covenant of this Agreement or its application to arfy party Or circumstances shall be held, to any extent, invalid or unenforce- able, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circum-
stances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by law.
11.10 Merger of Prior Agreements and Understandings.
This Agreement contains the entire understand- ing between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or
effect.
. 11.11 Survival of Representations and Warranties.
All representations, warranties and covenants under this Agreement shall survive Close of Escrow.
11.12 Not an Offer.
Seller's delivery of unsigned copies of this Agreement is solely for the purpose of review by the party to
whom delivered, and neither the delivery nor any prior communi-
cations between the parties, whether oral or written, shall in
any way be construed as an offer by Seller, nor in any way imply
that Seller is under any obligation to enter the transaction
which is the subject of this Agreement. The signing of this
Agreement by Buyer constitutes an offer which shall not be deemed
accepted by Seller unless and until Seller has signed this Agree-
ment and delivered a duplicate original to Buyer.
11.13 Time of Essence.
Time is expressly made of the essence with respect to the performance by Buyer and Seller of each and every obligation and condition of this Agreement.
-9-
11.14 Possession of Property .
Buyer shall be entitled to possession of the Property only at Close of Escrow and not before.
11.15 Counterparts .
This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
11.16 Exhibits Incorporated by Reference.
All exhibits attached to this Agreement are
incorporated in this Agreement by this reference.
11.17 Computation of Time.
The time in which any act is to be done under
this Agreement is computed by excluding the first day (such as the day Escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded.
11.18 Other Documents; Cooperation of Buyer.
Each party agrees to sign any other and further instruments and documents as may be reasonably necessary or proper in order to accomplish the intent of this Agreement.
11.19 Waiver of Lis Pendens.
As a material part of the consideration under this Agreement, Buyer waives all rights to record a lis pendens against the Property under Section 409 of the California Code of
Civil Procedure, or any other provision of law, if a dispute arises concerning this Agreement or the Property.
12. SATISFACTION OF FIRE STATION REQUIREMEJ$T.
Buyer agrees that in consideration for Seller's convey- ance of the Property to Buyer on the terms and conditions contained in this Agreement, neither Seller nor Seller's
successors in interest shall be required by Buyer to provide
auyer or any other entity with any additional fire station
site(s) in connection with the remaining development of the
property covered by the 1980 La Costa Master Plan ("Master") 149(E)) (Ordinance No. 9570), or any amendments to said Master
Plan.
(MP-
-1 0-
'.
13. CONSTRUCTION PHASING; UTILITIES.
Seller shall conform to the phasing schedule set forth in the Master Plan and shall attempt, but shall not be obligated, to develop Seller's land surrounding the Property first. Seller shall extend utilities to the street boundary of the Property concurrently with the installation of utilities for Seller's surrounding land development.
14. BOUNDARY ADJUSTMENT.
The San Marcos County Water District ("SMCWD") currently owns a 60-foot wide access road easement ("Easement") adjacent to the northerly boundary of the Property. SMCWD presently needs
the Easement for access to certain storage facilities; however, if it can obtain a realignment of Rancho Santa Fe Drive, SMCWD will no longer need the Easement and may be willing to transfer it to Seller. If SMCWD transfers the Easement to Seller before Buyer begins construction of its fire station facilities on the Property, Buyer agrees, upon Seller's request, to take all necessary and appropriate actions to adjust the boundaries of the Property northward by transferring to Seller an area along the southerly boundary of the Property equal to the area covered by the Easement in exchange for Seller's transfer of the area covered by the Easement to Buyer; provided, however, that any such readjustment shall fully comply with all applicable laws, including, but not limited to, the California Subdivision Map Act.
SELLER :
DAON CORPORATION, a Delaware
Date:
Date: /2-cl-E3
-11-
BUYER:
’ THE CITY OF CARLSBAI),
a municipal corporation
By :
(Title)
ACCEPTED/APPROVED BY ESCROW HOLDER
By : , Escrow Officer
-1 2-
*.
.. *
LEGAL DESCRIPTION
A parcel of land being a portion of Section 31, Township 12 South,
Range 3 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, described as follows:
COMMENCING at the Southeast corner of Parcel 3 of Parcel Map 10179
on file in the Office of County Recorder of San Diego County, State of California. Being the Southeast corner of Section 30 as shown
on said Parcel Map; thence, South 89O43'11" West along the Southerly
line of said Parcel 3, a distance of 48.19 feet to a point on the
Southwesterly right-of-way line of road survey 454 on file in the
Office of County Engineer of said County; thence, leav'ng said
Southerly line and along said right-of-way line South ,.io32'16"
West 247.14 feet to the TRUE POINT OF BEGINNING; thence, leaving
said right-of-way line North 89"43'11" East 145.34 feet to a point
on the Northwesterly right-of-way line of proposed Rancho Santa Fe
Drive; thence, along said Northwesterly right-of-way line South
12O22'42" West 22.51 feet to the beginning of tangent 1137 foot
radius curve concave Northwesterly; thence, Southwesterly along
the arc of said curve through a centfal angle of 7"17'27" a
distance of 144.68 feet, thence, leaving said Nbrthwesterly right-
02-way line North 69"00'00° West 172.47 feet to a point on said Southwesterly right-of-way line; thence, North 31"32'16" East
115.50 feet to the TRUE POINT OF BEGINNING containing 0.500 acres more or less.
.. ..
..
EXHIBIT A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue y-,,Carlsbad, CA 92008
Mol
E;,, b sw* L-ttn:
I SPACE ABOVE THIS LINE FOR RECORDER'S USE- Corporation Grant Deed . PY .__ Tnis FORM FURN~SYEO SY TICOR TITLE INSURERS , ,ltc1112 -I, I
The undersigned prantor(s) declarek):
Documentaw transfer tax is S
( ) computed on full vaiue of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and FOR A V.4LUABLE COSSIDER.ATION. receipt of which is hereby acknowledged,
DAON CORPORATION
a corporation organized under the laws of the State of Delaware ("Daon") hereby CR.ASTS to
THE CITY OF CARLSBAD, a municipal corporation ("City")
the .' '' real property in the City of Car-sbad
County of San Diego , State oC California: described 03 Exhibit .A
attached hereto and incorporated herein by reference ("Property").
..
In witness Whereof. said corporation has caused its corporate name and seal to be a&ed hereto and this in-tru-
Secretarv ment to be executed bv it- President and
thereunto dulv authorized. I thereunto dulv authorized.
LEGAL DESCRIPTION
A parcel of land being a portion of Section 31, Township 12 South,
Range 3 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, described as follows:
COM!!NCfNG at the Southeast corner of Parcel 3 of Parcel Map 10179
on file in the Office of County Recorder of San Diego County, State
of California, Being the Southeast corner of Section 30 as shown
on said Parcel Map; thence, South 89°43111" West along the Southerly
line of said Parcel 3, a distance of 48-19 feet to a point on the
Southwesterly right-of-way line of road survey 454 on file in the Office of County Engineer of said County; thence, leaving said
Southerly line and along said right-of-way line South 31"32'16"
West 247.14 feet to the TRUE POINT OF BEGINNING; thence, leaving
said right-of-way line North 89"43'11" East 145.34 feet to a point
on the Northwesterly right-of-way line of proposed Rancho Santa Fe
Drive; thence, along said Northwesterly right-of-way line South
12"22'42" West 22.51 feet to the beginning of tangent 1137 foot
radius curve concave Northwesterly; thence, Southwesterly along
the arc of said curve through a central angle of 7"17'27" a
distance of 144.68 feet, thence, leaving said Nbrthwesterly right-
02-way line North 69°00'00" West 172.47 feet to a point on said
Southwesterly right-of-way line; thence, North 31"32'16" East
115.50 feet to the TRUE POINT OF BEGINNING containing 0.500 acres
more or less.
.. ..
EXHIBIT A