HomeMy WebLinkAbout1987-10-13; City Council; Resolution 92594
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RESOLUTION NO. 9259
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING EASEMENT DEDICATIONS AND AUTHORIZING COMPENSATION AND THE PAYMENT OF FEES FOR RIGHT- OF-WAY ACQUISITION FOR THE CITY'S LA COSTA AVENUE IMPROVEMENT PROJECTS
WHEREAS, the American Lutheran Church, d.b.a. the La Costa
Community Church, is the owner of certain real property located
in San Diego County, California, and more particularly described
in Exhibit A attached hereto and incorporated by reference
herein; and
WHEREAS, the City of Carlsbad desires to acquire a portion
of said real property for the purposes of its La Costa Avenue
improvement projects;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad does
hereby accept the EASEMENT FOR PUBLIC HIGHWAY identified as
Exhibit A and the EASEMENT FOR GRADING, LANDSCAPING, AND
IRRIGATION, identified as Exhibit B from the American Lutheran
Church, d.b.a La Costa Community Church, and hereby directs the
City Clerk to sign said documents. Following signature of said
documents, the City Clerk is hereby directed to forward said
signed documents to the City's authorized agent in this
transaction, MacFarlane and Associates, Inc., 3078 North Park
Way, San Diego, California, 92104 for recordation.
3. That the City Council of the City of Carlsbad does
hereby authorize from the project account the expenditure of
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$600 for costs related to the policy of title insurance and
estimated escrow expenses required herein.
4. That the City Council of the City of Carlsbad does
hereby authorize from the project account the expenditure of
$10,914 as total consideration to be paid to the American
Lutheran Church, d.b.a. La Costa Community Church, for the
conveyance of easement interests as set forth herein.
5. That the City Council of the City of Carlsbad does
hereby approve and authorize the Mayor and City Clerk to sign
the attached ESCROW INSTRUCTIONS identified as Exhibit C and
attached SUPPLEMENTAL ESCROW INSTRUCTIONS identified as Exhibit
D and hereby directs the City Clerk to forward said signed
ESCROW INSTRUCTIONS to the City's authorized agent in this
transaction identified in No. 2 above.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 13th day of October I
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ATTEST :
ALETH-A L. RAUTENKRANZ, City Ckerk
(SEAL)
, Y"y KCCORDED, PLEASE
Tf;lS* IFiSTRUMENT TO:
CITY CLERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
Assessor's Parcel
NO. 21 6-1 10-22
EXHIBIT A 0
---SPACE ABOVE FOR RECORDER'S USE ONLY-
EASEMENT FOR PUBLlC HIGHWAY
-- Project .LA COSTA AVENUE
W.O. No. 3208
THE AMERICAN LUTHERAN CHURCH, a Non-Profit Corporation organized under the laws of
the State of Minnesota -
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway
and public utility purposes and incidents thereto, upon, over and -across that certain real
property within the CITY OF CARLSBAD, State of California, described as follows:
That portion of L.ot 7 of Section 34, Township 12 South, Range 4 West, San Bernardino Base
and Meridian, in the County of San Diego, State of California, according to the Official Plat
thereof, lying within a strip of land 80 feet wide, 40 feet on each side of the following
described center line:
Commencing at .the Northeasterly corner of said Lot 7; thence South 83°14'0711 West along the
Northerly line 663.77 feet; thence South 01@10153'1 West 69.88 feet to the TRlJE POINT OF
BEGINNING; thence South 88°491071t East 1.06 feet to the beginning of a tangent 1,400 foot
radius curve concave Northerly; thence Easterly along said curve through a central angle of
12°35'051' a distance of 307.50 feet; thence North 78O35'48" East 361.39 feet to the Easterly
line of said Lot 7, said point being the POINT OF TERMINUS.
The sidelines of said 80 foot wide strip of land shall be lengthened andlor shortened so as
to terminate Westerly in the Westerly line of the Easterly half of said Lot 7 AND Easterly in
the Easterly line of said Lot 7.
TOGETHER with the privilege and right to extend drainage structures and excavation and
embankment slopes 35 feet beyond the limits of the herein described right-of-way where
required for the construction and maintenance of said Public Highway.
All as shown for convenience sake on Exhibit 'IA'I attached hereto and made a part hereto by
this reference.
E:fc:epticg therefrom that portion South of the Southerly right-of-way line of La Costa
t.. Avenue as shown on Road Survey # 1796-65, said portion being within the City limits of the
City of Encinitas. / '&
19 a7
I
- Dated thli 9th day of June
a.
THE AMERICAN LUTHERAN CHURCH -
Donald R. Hal.1
Chairman of its Board of TrusEnes
David H. Rokice
Executive Secretary of its Board of Trustees
SEE ATTACHED ACKNOWLEDGMENT
, before me, th
Witness my hand and
wary Public In and for raid County rnd State
ThIr Is to certify that the Intarest In res1 property conveyed by tho forrgolng ebsemnnf t
the Clty of Carlsbad, a munlclprl corporrtlon Ir hereby accepted by \ha Clty Counclt c ssld Clty of Carlabod, Catlfornla pursuant to Resolutlon No.
/3 /9B7 , and tho Crsntea consent, to rrcordstlon thereof
EASEMENT
To City of Carlsbad
June 9, 1987
San Diego County, CA
STATE OF WASHINGTON )
COUNTY OF
1 ss 1 7 Snc cms.3L
5
The foregoing instrument was acknowledged before me this /g day of
Lut eran Church, a Minnesota not-for-profit corporation, on behalf of the
19q, by Donald R. Hall, the Chairman of its Board of Trustees of T
corporation.
My commission expires
STATE OF .MINNESOTA )
COUNTY OF HENNEPIN
) ss
, by David H. Rokke, the Executive Secretary of its Board of
. The foregoing instrument was acknow,edged before me this ysday of
19q
Arne ican Lutheran Church, a ?lir,nesota not-for-profir corporation, on behalf of
the corporation.
Hennepin County, Minnesota
<’=
NORTHEEAST CORNER LOT 7
A!?€& CITY UF CARLSBAD . . . . . .t?,604 3.f.
TOTM .. . . . . 3,C4/ S./ CITY Of L4CNfTflS. . . . . ,I,637 53-
WBLLDAN ASSOCIATES
CWSULTINO ENOlNEEllS PLANNERS W OUOIWYYnUn23O.u*WOO.C4??122 4SJ 1199
EXHIBIT "A"
I I
,.-- .. I
CITY CLEW CITY OF CARLSAD
1200 ELM AVENUE CARLSAD, CA 92008
EXHIBIT B
NOlRANSFER TAX DU€ I SPACE ABOVE h3R R€"3 us€ OlNL
EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
Assessor's Parcel
NO. ' 216-110-22
Project LA COSTA AVENUE MITIGATION
W.O. No. 36022
THE AMERICAN LUTHERAN CHURCH, a non-profit corporation organized under the laws of
the S.:.c:t2 of Minnesota
hereinafter called GRANTOR, do(esj hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading,
landscaping and irrigation purposes and incidents thereto, upon, over and across that
certain real property within the CITY OF CARLSBAD, State of California, described as
follows:
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Bernadino
Base and Meridian, in the City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof, described as follows:
BEGINNING at the Southeast corner of Lot 15 of sa'id Section 34; thence along the Easterly
line of said Lot 15, South 00°27'10" East, 8.55 feet; thence South 78O35'48" West, 369.13
feet to the beginning of a tangent, 1,360 foot radius curve, concave Northerly; thence
Westerly along the arc of said curve through a central angle of 08°24'58'' a distance of
199.77 feet; thence non-tangent to said curve, North 67O41'25'' East, 148.68 feet; thence
North 83°14'0711 East, 425.21 feet to the POINT OF BEGINNING.
TOGETHER with the right of access to ingress and egress over, under, and across said
Grantor's land to install (including his successors arid assigns), construct, maintain,
repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Coastal Commission and City of Carlsbad.
All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto
by this reference.
19 87 - Dated thls 9th dry 01 June
THE AMERICAN LUTHERAN CHURCH
Donald R. Hal:
Chairman of its Board of Trustees
Davtd H. Rokke
Executive Secretary of its Board of Trustees
SEE ATTACHED ACKNOWLEDGMENT
ATE OF +f ----------------T1sso / On 0 19 . bdooro mo, tho u 8 Notary PublIc
In and fob yy and State, parroxy appeared
y ovldencel fo be
ment and ecknowledgad
Thlr Is to certify that th. Intorest In or1 property conveyed by the foregoing earament to
the chy Of Carlrbad, munlclpal corporation Is hereby bccepted by tho City COUncll Of
adopted on said Clty of CarlSbrd, Csllfornlr pursuant to Rerolutlon No.
iL3. f 987 ly authorlrod , and tho Grantee consents to rocordation thorrof
PROPOSED GRADING EASEMENT
AREA : 0.323 ACRES
.P.N. 216-110-22
0
WILLDAN ASSOCIATES
Co)(SlJLTtMQ ENOIMEERS L PCAWNEAS W UUOIDmOIYmwa.-W.anrn an r1w
EXHIBIT "A"
I I I #36022
,- -
EASEMENT
To City of Carlsbad
June 9, 1987
San Diego County, CA
STATE OF WASHINGTON ) 1 ss
COUNTY OF -HH6 1
Sn4tm;sL
CL- The foregoing instrument was acknowledged before me this 15 day of
Lutheran Church, a Minnesota not-for-profit corporation, on behalf of the
corporation.
19u, by Donald R. Hall, the Chairman of its Board of Trustees of T
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
1 ss
F The foregoing instrument was acknowledged before me this f day of
19q by David H. Rokke, the Executive Secretary of its Board of Tru&%Th;
Ame ican Lutheran Church, a MinnesGta not-for-profit corporation, on behalf of
the corporation.
Hennepin County, Minnesota
IC First American Title Insurance Company
ESCROW INST+ONS
Subject Property La Costa Ave. Easements U.O. Nos. 36022 & 3208
Escrow No. 954435G
Date: August 26, 1987
Escrow Officer: Kate Nemec
(See Paragraph 9 on General Provisions)
TO' FIRST AMERICAN TITLE INSURANCE COMPANY, hereinafter known as "Escrow Agent" whose address is: 411 Ivy Street, San Diego, Ca 92101
"d effect the purchase of property hereinafter described. Buyer will pay total consideration as follows: . 'yer will deposit., ...... ............................................................................ $ ::. :.:.:c
....................................................................... ~~1 deposit ......
aiiyerwilidepositthrough.~.~zet ......................................................................................
Buyer will procure new Ioai
Loan of Record to Remain
New Purchase Price Loan to be Executed by Buyer .....................................................................
TOTAL CONSIDERATION ............................................................................................. .$ 10,914.00
and buyer will deliver to you any instruments and funds required from Buyer to comply with these instructions. ai1 of which you are authorlzed to use or deliver instruments have been filed for record enabling you to obtain a standard policy of title provided on or before insurance with the title ccmpicy's exceptions. 'having a liability of at least the amount of the total consideration, covering the property in the
County of Sari Diego State of California, described as follows:
September 30 1987
That portion of Let ? of Section 34, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, in the County of San Diego, State of California and as more particularly described on the complete legal description attached hereto and made a part hereof.
CITY OF CARLSBAD. a Municipal corporation
SHOWING TITLE VESTED IN:
FREE FROM ENCUMBRANCES EXCEPT ONLY THE ITEMS NUMBERED BELOW
(1)
(2) Bond-assessment: NONE.
(3)
(4)
Any general and special taxes, Including any special ievles, payments tor which are included therein and collected therewith, for the Current fiscal year,
not delinquent. and taxes for the ensuing year, if any, a ilen but not yet payable.
Ail taxes, bonds and assessments levied or assessed subsequent to date of these instructions, Including any Supplemental Assessments.
Covenants, conditions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evldence, issued, or to be issued.
herein.
EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE AODlTiONAL ESCROW CONDITIONS, AND INSTRUCTIONS OF THE GENERAL PROVISIONS HEREOF AND APPROVES, ACCEPTS AND WILL BE BOUND BY SAME AS THOUGH THE GENERAL PROVISIONS APPEARED OVER THEIR SIGNATURES
The unoersigned Buyer wli pay. on demand. the buyer's customary charges (includlng, but not iimlted to, your escrow fees. charges for preparing and record ing documents. premlum for new or additional hazara Insurance. lender's charges, ienoer's Impounds and prepaid interest demano. 11 any and appllcab e t~tie comoany charges) necessary to complete this transaction.
I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS.
c/o 3078 North Park Way, San Diego, CA 92104
SELLER
I approve of the foregoing instructions and agree to sell and wlil deliver lo you papers, Instruments andlor funds required from me (wlthin the "tlme ilmit dale" specified herein), which you are authorlzed to deliver when you can issue your policy of titla insurance as Set forth above. I agree lo pay any'personal property taxes properly chargeable to me. You are instructed to use the money and record the instruments, to comply with said instructions and to pay all ?c~!be?cts I! t~o4 cecessary withnut flirther annrnnal includlna prepayment oenaities to show titla as herein orovided. I agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for my account regardlass of the consummation of this escrow. I ais0 agree 10 pay tno policy of title insurance premium and recording fees which are properly chargeable to ma and dmumentary transfer tax which you are instructed tC Enter on the deed and affix your signature thereto, if required. in the event this amount is incorrect, you are authorlzed and instruckd to enter the Correct amount on thR deed and deduct the additional cost therefore from funds accruing to my account. In the event an Incorrect amount is entered on the deed and said deed IS recorded,
I hereby hold you harmless and agree to reimburse you for any loss you may sustain by said amount being incorrect.
TKE AMERICAN LUTHERAN CKURCH, a non-profit corporation organized under
the laws of the State of Minnesota
BY:
BY:
C/O331 Palmer Way, Carlsbad, CA 92008
(PAGE ONE)
First American Title Insurance Company
Date: August 26, 1987
ONLY THE PRORATIONS AND/OR ADJUSTMENTS INDICATED BY AN "X" BEWW ARE TO BE MADE AS OF
1 1
SHALL BE PRORATIONS
Endorse ln!e:est on any purchase money deed of trust nolo drrcrlbd above. ESCROW AGENT IS AUTHORIZED AND INSTRUCTEDTO COMPLETE ANY SUCH
NOTE AS TO PAYMENT AND DUE DATES AT TIME OF CDSE OF THIS ESCROW, EVEN THOUGH YME HAS BEEN PREVIOUSLY SIGNED.
nrorate !n!arx!: on loan of record based on statement of beneflCllry Of agent.
" .' ',ja?< 3: '
: !
:e of loan of record based on beneflclary's stDlement Dhows to be more or less !hen amount fa; iorlh nsrelnabova adjust sald dlflw -:.cI'16 follows:
; )
i ) Prorate premlum on FHA of lender's risk Insurance.
[ )
( )
[ )
C:larpe buyer md credlt seller with amount of any funds shown on beneflclary's statement SI !m?ounded for future paymenl of tareb huard lnSl;'L IC: ;'em;" ',I
or FHA or lender's rlsk lnsuranca
Prorate taxes on real properly, based on Informatlon fumlshed by lnsurlng title company.
Prorate rents based on ltatement to be furnlshed by seller and approved by buyer.
Prorate premlum on sxlitlnp huard Insurance and make asrlgnment of same to buyer at close of thls escrow, OR AT THE OPTION OF BUYER ICCOD! i.CW
lender approved Insurance coverage for sublecl premlsea
Prwats Homeowners Asswlatlon Dues and charge sellers lo brlnQ current per statement of Assoclallon or Agent. Transfer tee to be plld by [ !
INSTRUCTIONS:
A. The purpose of subject escrow is for the Seller herein to grant the City of Carlsbad an Easement for Public Highway as described on Exhibit "A"
hereof and an Easement for Grading, Landscaping and Irrigation as described on Exhibit "B" attached hereto and made a part hereof.
B. The close of escrow is contingent upon the title being free and clear of encumbrances, easements, restrictions, rights and conditions of record or known to Seller, OR receipt of the City's written approval of the exceptions to title as revealed
in a Preliminary Title Report to be issued in writing, of the exceptions
Report shall release this contingency.
discretion, approving the purchase of property and authorizing the expenditure of the funds for the project. If necessary, Escrow Holder is instructed to release the executed
Grant Deed to the City for its acceptance by the City Manager as to form only and not as delivery to title. The redeposit into escrow of the executed Grant Deed bearing City Manager's "acceptance" and the necessary funds shall constitute satisfaction of the City
Manager's acceptance of the Grant Deed and shall release this contingency.
attached hereto and made a part
liens,
and forwarded to the City. City's approval, that are to remain as shown in said Preliminary Title
C. The close of escrow is contingent upon the City Council of Carlsbadt at its sole
authorization of the City Council, which
D. There is to be no prorations of property taxes and/or any adjustments by Escrow Holder. Property taxes due or payable must be paid in full by the Seller prior to the close of escrow with reimbursement, if any, beyond the
County Tax Collector. In the event at close of escrow unpaid taxes exist, Seller shall cause to be handed to Escrow Holder the necessary tax stubs and Escrow Holder shall pay same at the close of
escrow, together with any penalties, if applicable, charging the Seller's account for same. Any tax payment overages will be reimbursed to Seller by Any property taxes which at the close of escrow
yet due and payable" will be
close of escrow to be refunded by the
Escrow Holder proof of payment or shall cause to be handed to
the County of San Diego. are a "lien" on the property, but "not
prorated by the County Tax Collector and billed to the
BUYERS :
CLAUDE A. LEWFS, -l&yor
(continued on page 3)
SELLERS :
THE AMERICAN LUTHERAN CHURCH, a non-profit corporation organized under
the laws of the State of MiMeSOta
BY :
BY :
(PAGE TWO1
First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776
Escrow No. 9544356 mte: August 26, 1987
Re: La Costa Ave. Easements, W.O. Nos. 36022 & 3208
Instructions in the above numbered escrow are hereby continued in the following particulars:
(continued from page 2)
D. Seller after the close of escrow.
E. The City agrees to pay all title and escrow charges in connection with this transaction
together with trustee and reconveyance fees. The City is not to be charged documentary transfer tax, recording fees or change of ownership fees. These fees are to be waived.
END OF INSTRUCTIONS:
BUYERS : CITY OF CARL
BY:
SELLERS :
THE AMERICAN LUTHERAN CHURCHI a non-profit corporation organized under
the laws of the State of Minnesota
BY:
BY:
GENERAL PRO @! NS
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8.
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15.
Deposlt of Funds P Disbursements
All funds recelved in this escrow shall be deposlted in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred lo any other general escrow account or accounts. All disbursements ahail be made
by your check. You are authorized not to close or disburse until good funds have been confirmed in escrow.
Proratlons and Adjustments
reiaiis only to prorations andlor adjustments unless otherwise specified.
T3e Rxpresslon "close of escrow" used in this escrow means Ihe date of which instruments referred to herein are recorded and
:'I' :.?rations andlor adlustments are to be made on the basis of a Way month unless otherwise instructed in writing.
i,. , ..;:LLg:; ,:is esc~ow, the recording of which is necessary or proper in tiu i. . ;r;.. df t!:; .*quested policy of tlda !f:;~m~e.
Authorizollon lo Execute Asslgnment sf ir::..vaner ?olicles You $re to Oxecute on behalf of the p~r'.i% hereto form assignments of interest in any insurance policies (otherthan title insurance)
called for in this escrow; forward assignments and Policles upon close of escrow to the agent with the request, first, that insurer con. sent to such transfer andfor attach a loss-payable clause andlor make such other additions or correctlons as may have been spcifi.
caiiy required herein, and second, that the agent thereafter forward such policies to the parties entitled to them.
In ail acts in this escrow relating to inswance, including adjustments, if any, you shall be fully protected In assuming that each
poilcy Is In force and that the necessaiy premium therefor has been paid.
Authorization to Fumfsh Coples
You are to furnish a copy of these instructlons, amendments thereto, closing statements andlor any other documents deposited in this escrow to the lender or lenders, the mal estate broker or brokers andlor the attorney or attorneys involved in this transaction
upon request of the lenders, brokers or attorneys.
Personal Property Taxes
No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested.
Right of Cancellation
Any party instructing you to cancel thls escrow shall file notice of cancellation In your office, in writing. You shall withln a reasonable time thereafter mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escrow. Unless
written objection to cancellation is filed In your office by a party wlthln ten (10) days after date of mailing, you are authorized at your option to comply wlth the notice and demand payment of your cancellation charges as provlded in this agreement. if written oblection is filed, you are authorized at your option to hold all money and instruments In this escrow and take no further action until otherwise directed, either by the parties' mutual written Instructions, or final order of a court of competent Jurlsdlction.
Actlon in interpleader
The parties hereto expressly agree that You, as escrow holder, have the absolute right at your election to file an action in Interpleader requiring the parties to answer and litigate their Several claims and rights among themselves and you are authorized to deposit with
the clerk of the court all documents aod funds held in this escrow. In the event such actlon Is flied, the parties jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are requlred to expend or incur
in the Interpleader action, the amount thereof to be fixed and judgment theretor to be rendered by the court. Upon the filing of the
action, you shall thereupon be fully released and discharged from all obligations to further perform any duties or obligations otherwlse
imposed by the terms of this escrow.
Termination of Agency Obligations If there is no action taken on lhis escrow wlthln six (6) months after the "time iimlt date" 8s set forth in Ihe escrow instructions
or written extension thereof. your agency obligation shall termlnate at your option and ail documents, monies or other items held by you shall be returned to the parties depositing same.
in the event of cancellation of this escrow, whether it be at the request of any of the parties or otherwise, the fees and charges due First American Title insurance Company, Including expenditures incurred andlor authorized shall be borne equally by the parties
hereto (unless otherwise agreed to speclfically).
Conflictlng instructions
Should you before or after close of escrow receive or become aware of any confilcting demands or clalms wlth respect to this
escrow or the rights of any of the parties hereto, or any money or property deposited hereln or affected hereby, you shall have the right to discontinue any or all further acts on your part untll the conflict Is resolved to your satisfactlon, and you shall have the further
right to commence or defend any action or proceedlngs for the determination of the conflict as provided in paragraphs 7 and 8 of these
General Provisions.
Funds Retained in Escrow
if for any reason funds are retained in escrow, you may deduct therefrom $20.00 as a monthly charge as custodian thereof.
You are not to be concerned with any question of usury in any loan or encumbrances involved in Ihe processing of this escrow usury
and you are hereby released of any responsibility or liability therefor.
lndemnlfy for Attorneys Fees and Costa
In the event suit is brought by any party to this escrow, including the title company or any other party. as against each other,
or others, including the title company, claiming any right they may have as against each other or against the tltie company, then in
that event, the parties hereto agree to indemnify and hold harmless the title company against any attorney's fees and costs Incurred by It.
Amendments to Escrow Instructions Any Amendments or supplement to these escrow instructions must be in wrlting. These escrow instructions constitu1e the entire
escrow between the escrow holder and the parties hereto.
Deposit of Funds
Escrow holder shall deposit ai1 funds recelved in lhis escrow in any bank doing business In the State of California, Including their affliiated bank, First American Trust Company, In one or more of their General Escrow Demand Accounts. These funds may be trans- - <ferred to any other general escrow demand account or accounts. 7- J.".
TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS. if thls escrow is not in condition to close by closing date referred to on page 1 hereof, and demand for cancellation is received by you from any party to this escrow after said date, you shall act in accordance
with the cancellation instructions contalned in the general provlsions on the prevlous page hereof. If no demand for cancellation Is
made, you will proceed to close this escrow when the prlnclpals have compiled with the escrow instructions.
*The Foreign Investment in Real Property Tax Act of 1980 as amended by the Tax Reform
Act of 1984 places special requirements for tax reporting and withholding on the parties to a real estate transaction where the transferors (Seller) is a non-resident alien or non-domestic corporation or partnership or is a domestic corporation or
partnership controlled by non-residents or non-resident corporations of partnerships.
The parties to this transaction are seeking their attorney'sr accountant'sr or other
tax specialist's opinion concerning the effect of the Act on this transaction and are
not acting on any statements made or omitted by the Escrow Holder.
EXHIBIT "A" LEGAL DESCRIPTION FSSFmAT FOR PUBLIC HIGHWAY
City of Carlsbad State of California
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, lying within a strip of land 80 feet wide, 40 feet on each side of the following described centerline:
Commencing at the Northeasterly corner of said Lot 7: thence South 83°14'07"
West along the Northerly line 663.77 feet: thence South Ol"10'53" West 69.88 feet to the TRUE POINT OF BFGINNING; thence South 88°49'07" Fast 1.06 feet
to the beginning of a tangent 1,400 foot radius curve cgncave Northerly; thence Easterly along said curve ghrough a central angle of 12 35'05" a distance of
37.50fe thence North 78 35'48" East 361.39 feet to the Easterly line of said Lot 7, said point being the POINT OF TERMINUS.
The sidelines of said 80 foot wide strip of land shall be lengthened and/or shortened so as to k"te Westerly in the Westerly line of the Fasterly half of said Lot 7 AND Fasterly in the Fsterly line of said Lot 7.
TOSETHW with the privilege and right to extend drainage structures and excavation
and embankment slopes 35 feet beyond the limits of the herein described right-of-way where required for the construction and maintenane of said Public Highway.
Excepting therefrom that portion South of the Southerly right-of-way line of La Costa Avenue as shown on Road Swey #1796-65, said portion being within
the City limits of the City of Encinitas.
EXHIBIT "B" Lm DESCRIPTION
FJLSFm FOR GRADING, LANDSCAPING AND IRRIGATION
City of Carlsbad State of California
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof, describe6 as follows:
BEGINNING at the Southeast corner of Lot 15 of said Section 34; thence along the Easterly line of said Lot 15, South Oo"27'10" Fast, 8.55 feet: thence South 7€?35'48" West, 369.13 feet to the beginning of a tangent, 1,360 foot radius curve, concave Northerly; thence Westerly along the arc of said curve through a central angle of Os" 24'58" a distance of 199.77 feet: thence non-tangent to said curve, North 67c41125'1 Fast, 148.68 feet: thence North 83°14'07" Fast, 425.21 feet to the POINT OF BFEINNING.
TOGETHER with the right of access to ingress and egress overr under and across
said Grantor's land to install (including his successors and assigns)r construct, maintain, repair, replace, reconstruct, and inspect any structures or grading deemed necessary for the mitigation requirements of the California Costal Codssion and City of Carlsbad.
Escrow No 954435G .- . -.
SUPPLEMENTAL ESCROW INSTRUCTIONS
San Diego, Califomia
(City) (State)
September 10 1987
TKE UNDERSIGNED HEREBY APPIiovEs THE PRELLMTNARY TITLE REPORT
DATED August 31, 1987 COVERING See leqal description
attached hereto.
ITEMS' 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12.
TO SHCW ON TITLE POLICY TO BE ISSUED AT CLOSE OF ESCROW.
CITY OF CARLSBAD, a Municipal Corporation