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HomeMy WebLinkAbout1995-06-06; Housing & Redevelopment Commission; 270; Purchase of Property - Carlsbad Village/Roosevelt(t/t p--‘..-’ , HOUSING AND--?EDEVELOPMENT COMWlS-3N - AGENDA’ BILL y 0 iB# 3-3 c TITLE: APPROVAL OF PURCHASE AGREEMENT WITH rllTG.&6/! L WILUAMS FOR PURCHASE OF PROPERTY )EPT.CSD AT CARLSBAD VIL DR. AND ROOSEVELT ST W DEPT. HD. bd CITY AlTY@E CITY MGR.;3Mc&k RECOMMENDED ACTION: Adopt Resolution No. db b approving a purchase agreement with Louise Williams for the acquisition of approximately 17,500 square feet of land located on the northeast corner of Carlsbad Village Drive and Roosevett Street. ITEM EXPLANATION: In 1990, the Housing and Redevelopment Commission approved a lease/purchase agreement between the City and Louise Williams, co-owner and conservator for the estate of Minnie Carpenter, for property located at 630 and 632 Carlsbad Village Drive and 2970, 2976 and 2992 Roosevelt Street. The property was subsequently developed into a parking lot by the City. The original lease/purchase agreement included an agreed upon sale price of $656,250 and specific escrow instructions for the purchase of the property. At a special meeting on March 26, 1995, the Housing and Redevelopment Commission directed staff to take the appropriate action to exercise the option to purchase this property. City staff and representatives of the land owner prepared and executed the attached escrow and recorded the purchase of the property on Monday, May 22, 1995. Therefore, staff recommends that the City Clerk be authorized to execute the Certification for Acceptance of Deed and place this property in the City inventory. FISCAL IMPACT: The total purchase price of this property including taxes, escrow fee and recording fee came to $657,420. Funding for the purchase of this property came from two sources of bond funds. The following itemizes the funding sources: 1988 Tax Allocation Bonds 1993 Refunded Tax Allocation Bond $561,647 $95,773 The purchase of this property will save approximately 352,000 per year in lease payments previously made by the Redevelopment Agency. EXHIBITS: 1. Resolution No. 2 (P 6 2. Escrow Documents / To File From LW a, RITE IT - DON’T SAY i r’! Date June 20 0 Reply Wanted q No Reply Necessary 19 95 See Green "45" file for the previously approved lease/purchase agreement with Louise Williams. PRINTCD IN “Sh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 266 RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PURCHASE AGREEMENT WITH LOUISE WILLIAMS FOR THE PURCHASE OF THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND ROOSEVELT STREET AND AUTHORIZING THE CITY CLERK TO EXECUTE THE CERTIFICATION FOR ACCEPTANCE OF DEED AND ACCEPTING THE PROPERTY INTO THE CITY INVENTORY WHEREAS, the Housing and Redevelopment Commission previously approved the lease/purchase agreement, with Louise Williams, for the property located on the northeast corner of Carlsbad Village Drive and Roosevelt Street; and WHEREAS, the City developed this property into a public parking lot and acquisition of this property will ensure the continued use of this property for a public parking lot; and WHEREAS, funding for the purchase of this property is available from the 1988 Tax Allocation Bonds and the 1993 Refunded Tax Allocation Bonds; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, does hereby find it necessary, desirable, and in the public interest to approve the purchase of this property. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as follows: 1. The above recitations are true and correct. / 2. That the Escrow and Purchase Agreement between the Housing and Redevelopment Commission and Louise Williams is approved and accepted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Housing and Redevelopment Commission of the City of Carlsbad hereby accepts the grant deed and authorizes the City Clerk to execute the Certificate of Acceptance. PASSED, APPROVED AND ADOPTED by the Housing and Redevelopment Commission of the City of Carlsbad at a special meeting held on the 6th day of JUNE I 1995, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: \ RAYM@JD PATCHETT, Secretary (SEAL) - 4’. 4l ;$$~ SpMNG - . .* MOUNTAIN EXHIBIT 2 city of Carlsbad, 405 Oak Avenue FacilitiBCROW Carlsbad, CA 92008 Attn: Chuck Walden, Facilities Superintendent Date: 05/22/95 Escrow No: 11810-L Pear Chuck: We have completed your escrow and are sending you the items checked below and the following information concerning your new property located at: Vacant Land #203-304-09 & 20, Carlsbad, CA 92005 ENCLOSURES: ,X- Escrow statement of receipts and disbursements X -- Check for $328,46 made payable to Title Insurance: To be sent to you on receipt of same RECORIIED DOCUMENTS: All recorded documents will be mailed directly to the proper parties by the County Pecorder's office. TAXES: Parcel No: 203-304-09 & 20 Included in your monthly payment to x Make payable ON @I? BEFCII?Et DECEMBER 18, 1995: PATJL ROLAND San Diego County Tax Collector 1600 Pacific Hwy., Room 162 Diego, CA 92101-2474 Tax Bills r You may NOT be notified when your property taxes are due and payable. If you have NOT received a tax bill by November 10, contact the County Tax Collector for a duplicate copy. Exemntions: r --- You must "hold title" to your property before March 1st to apply for your Homeowner' s or Veterans exemption. A new Veteran's claim must be filed every year between March 1st and April 15th. Thank you and we trust this transaction has been completed to your satisfaction. Please do not hesitate to contact the undersigned should you have any questions, or if we may be of assistance. -La- Sincerely, Spring Mountain Escrow Corp. Py: Lisa .skrurtz , Assist. V-P./Manager Deborah Ott, Jr. Escrow Officer encls. 462StevensAvenue Suite105 SolanaBeach,CA92075 (619)481-7714 FAX#(619)481-9917 - SPRING MM'JTAIN ESCROW CORP. SOLANA BEACH BRANCH (619) 481-7714 462 stevE?n: Ave. i Suite 8105, Snlana Beachi CA 920?5 ESCROW STATEMENT OF: ESCROW OPPlCER : Lisa Shultz Pap? 1 Escrow No; 11810-L HQ!!s~E~ & !?~d~ge~~p?~?nt Commission of.the Cftyfof Carlsibad. PROPERTY : Vacant hand #201-304-09 & 20, Carlsbad, CA P2OOU ITEM ----------------------------------------------------------- ----------------------------------------------------------- Total Consideratinn Total nq.?"sit: County taxes 6 mns @ $ 830.81 from 05/22/95 to 0?/01?95 Fqcrnw fee to SPRING MWNTAIN ESCROW CORP. li -- - Recording fees Peed $ 10.00 Mortgage !: T Release $ Balarrce : Check EnClOsed Totals DATE: May BUYER DEBIT ----------_ ----------_ 656;250.00 180.01 980.00 10.00 328.46 657,?48;47 ----------- ----------_ 22, 1995 BUYER CREDIT _-_--------- ------------ 657 7AR.47 , - - _ - 65?,?48;4? -----------_ ___--------_ THIS FORM SHWLP BE RETAINED FOR INCOME TAX PTJRPCGES @SPANK IG~OUNT~N ESCROW RE: ESCROW NO. 11810-L DATE : 05/08/95 The undersigned Buyertsj herein acknowledge receipt and approval of the following: I 1 Preliminary Title Report issued by Chicago Title Company Order No: 978775-05 i 1 Covenants, Conditions and Restrictions ( 1 Standard Structural Pest Control Inspection Report/Wood Destroying Pests and Organisms Report issued by Dated: ( j Standard Notice of Work Completed and Not Completed Issued br Dated: HOMEOWNERS ASSOCIATION Documents Issued by: i 1 Articles of Incorporation i ) By-Laws c 1 Rules and Regulations ( 1 Current Financial Statement ( j Proposed Budget c 1 Statement of policies and Practices ( 1 S.tatements as to any existing or Pending litigation ( ) Homeowners Association Statement dated i 1 ALL ITEMS SE FORTH AE3 HAVE BEEN RECEIVED, READ AND APPROVED. 462 Stevens Avenue Suite 105 Solana Beach, CA 92075 (619) 481-7714 FAX # (619) 481-9917 / 3 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. - 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. I -l &a.gspRING ‘-2.. MouNTA1N Escrow No 11810-L ESCROW Date * April 18, 1995 COllPOAAllON Page 1 ESCROW INSTRUCTIONS TO: SPRING MOUNTAIN ESCROW CORPORATION SOLANA BEACH BRANCH 462 Stevens Ave., Suite,X105 Solana Beach, CA 92075 Telephone: (619) 481-7714 Escrow Officer8 Lisa Shultz Escrow No.: 11810-L Title Order No.: 978775-05 Title Co.: Chicago Title Company Date: April 18, 1995 MEMO Cash Through Escrow $ 656,250.OO TOTAL CONSIDERATION $ 656,250.OO I will hand you $ 656,250.00, ($ 5,OOO.OO of which I have deposited into escrow. Prior to the close of escrow I will hand you the balance of my down payment plus closing costs), v -* ,. and any additional funds and instruments required from me to enable you to comply with these inetructions, which you are to use on or before 05/18/95, and record any documents called for in this escrow when you can obtain assurance of title in the form of a Standard OWNERS policy of Title Insurance on said property with liability limited to $656,250.00 on real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lots 1,2,3 of Block 38 and Lots 4, 5, Block 38 of Carlsbad Townsite, according to Map thereof No. 535 and 775, filed in the Office of the County Recorder of San Diego County, California, May 2, 1888 and February 15, 1894. Showing title vested in: Housing and Redevelopment Commission of the City of Carlsbad, California Property Address (not verified): Vacant Land X203-304-09 & 20, Carlsbad, CA 92008 4 "Free of encumbrance EXCEPT: (1) ALL general and special real and personal property taxes for the fiscal year 1995/96. - (2) A lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, 1983 Statutes of the State of California. (3) Assessments and Bonds, not delinquent, as approved by the parties. (4) Easements, Rights of Way, Covenants, Conditions, Restrictions & Reservations of Record, or in deed to record. PRELIMINARY TITLE REPORT CONTINGENCY The consummation of this escrow is contingent upon the buyer's approval of a copy of the preliminary title report within 5 days of receipt of same. The preliminary title report shall be mailed to the buyer at their address shown herein, with a personal receipt for same. Buyer's receipt of a copy of the preliminary title report shall be evidenced by a "personal receipt" from buyer and that &La ailal.1 SSgin th:a 5 day period. 1% the event no WRITTEN DISAPPROVAL is received by escrow holder from the buyer within the 5 day period, the preliminary title report shall be deemed approved and this contingency fully satisfied by buyer's lack of WRITTEN OBJECTION. AS A MATTER OF RECORD ONLY WITH WHICH ESCROWHOLDER IS NOT TO BE CONCERNED, LIABLE AND/OR RESPONSIBLE, AND WHICH IS ENTERED HEREIN AT THE REQUEST OF THE PARTIES HERETO, THE ' PARTIE$ HAVE AGREED AS FOLLOWS. a) These escrow instructions are not intended to amend, modify or supersede the prior ground lease and option agreement between the parties, specifically as it may relate to EC \\ocCI4,90) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. - 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. ‘59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. ESCROW COMPANY FEES Parties hereto are advised that SPRING MOUNTAIN ESCROW COMPANY is licensed through the Department of Corporation as an independent escrow company. Spring Mountain Escrow Corporation is entitled to regulate escrow charges, incurred on an individual basis. ADVANCE PAYMENT From the funds deposited into escrow, you are authorized and instructed to pay, prior to any contingencies having been met and prior to the close of escrow, any bills for expenses incurred by you on behalf of buyer and seller in connection with the processing of this escrow, including but not limited to beneficiary's and homeowner association's request for advance payment of their fees before issuing the information requested of them. Upon close of escrow you are to debit and credit the appropriate account, as outlined in these intructions, the amount of advances. In the event of cancellation and unless otherwise agreed to in supplemental instructions, seller shall reimburse buyer outside of escrow and with which escrow holder is not to be concerned, for said payments made on seller's behalf out of buyer's deposit. AVAILABILITY OF FUNDS The parties hereto acknowledge that in accordance with Section 12413.1 of the California Insurance Code, passed by Assembly Bill 512, effective Januar; 1, 1990, requires that any title insurance company, underwritten title company or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds before recording any documents in connection with the transaction or disbursing said funds. This stature allows for funds deposited by wire transfer to be.disbursed the same day as deposited. In the case of Cashier's Checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three'to seven (3-7) days, OR MORE, provide escrow holder with a Cashier's Check, issued on a California Bank {clears/pays through a California Bank} OR a bank wire transfer. CREDIT UNION DRAFTS/CHECKS AND INVESTNHNT BROKHR CHECKS ARE NOT ACCEPTABLE., CI ..^.r.*,nm Buyer is aware that failure to provide good funds may cause significant delays in recording or closing their transaction. Escrow holder shall not be held responsible and/or liable for the non-availability of sellers/buyers funds issured in a manper which does not allow the title insurer to immediately disburse. Buyer and Seller agree to deposit funds into escrow in sufficient time to meet their closing date requirements and comply with said law. In the event that the balance of buyer's downpa.yment is to come from the close of Buyer's sale escrow, it is the buyer's responsibility to instruct the sale escrow holder to wire transfer buyer's net proceeds directly to Spring, Mountain Escrow Corporation. This escrow cannot close until we are in receipt of these collected funds. OUR WIRING INSTRUCTIONS FOR ELECXCRONIC TRANSFER ARBt PI0 SL NEW.BCH, ABA #322 286 324, 1470 JANBOREE ROAD, NEWPORT BEACH, CA 92660, FOR THE CREDIT OF SPRING MOUNTAIN ESCROW, SOLANA BEACH BRANCH, BRANCH TRUST ACCOUNT NO. 037000102308. PLEASE REFERENCE YOUR ESCROW NUMBER AS CONTAINED HEREIN AND YOUR NAME ON THE WIRE INFORMATION. Please furnish your escrow office with the amount of your wire, name of remitting bank and date wire is expected. ESCROW HOLDER IS INSTRUCTED TO CLOSE THIS ESCROW ONLY WHEN THE TITLE INSURANCE COMPANY IS IN A POSITION TO IMMEDIATELY DISBURSE THE FUNDS HELD BY THEM TO THE ESCROW HOLDER. SPRING MOUNTAIN ESCROW CORPORATION SHALL NO RESPONSIBILITY FOR ACCRUALS OF INTEREST AND OTHER CHARGES RESULTINQ FROM COMPLIANCE WITH THE DISBURSEMENT RESTRICTIONS L,M??OSED BY STATE LAW. CANCELLATION POLICY This escrow shall be deemed open upon the date that escrow holder is in receipt of executed escrow instructions by the Buyer and Seller. Until executed escrow instructions from Buyer and Seller are received, the parties acknowledge that escrow holder is merely a depository agent and that all documente and/or funds will be returned to the,parties upon a unilateral request by the party depositing same. SENATE BILL 1550 SENATE BILL 1550 (CHAPTER 1004, STATUTES OF 1984) IS EFFECTIVE JANUARY 1, 1985. This law mandates all funds must be collected and available for withdrawal prior to disbursement. g&spnrNc MOUNTAIN ESCROW CORPORAllON Escrow No. 11810-L April 18, 1995 - Date Page 2 . 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. - 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. ‘59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. Delay5 in closing will occur if funding is by other than BANK WIRE, CASHIERS . CHECKS OR SIMILAR TYPE ITEMS DRAWN ON A CALIFORNIA BANK. DRAFTS DO NOT MEET THE 'AVAILABLE FUNDS' REQUIREMENT. IN THE EVENT ANY OTHER TYPE OF FUNDING IS CONTEMPLATED, PLEASE CONTACT YOUR ESCROW OFFICER AND/OR BROKER IMMEDIATELY. , RELEASE OF FUNDS The Parties herein authorise you to release funds to the title company herein named for the payment of demands and costs prior to the recordation of the documents you hold under this escrow, if necessary or required to effect the closing of this escrow to comply with Senate Bill 1550 (Chapter 1004, 1984 Statutes of the State of California). SUPPLEWENTAL TAXES The Buyer is aware that the property will be reassessed by the Office of the County Tax Assessor as a result of a change of ownership. Any change in Real Property Taxes or Supplemental Taxes resulting from this reassessment shall be the responsibility of the Buyer AFTER the close of escrow. PRELIMINARY CHANGE OF OWNERSHIP EFFECTIVE July 1, 1985: A completed CHANGE OF OWNERSHIP report is required for ALL property transfers. time of recording. A $20.00 fee is charged if the completed?form is not filed at the In addition, the Assessor is required to mail out the form if it has not been filed. THIS FORM IS FOR OFFICIAL USE ONLY AND IS NOT OPEN FOR PUBLIC INSPECTION. FOR FURTHER INFORMATION, PLEASE'CALL (619) 236-3153 GREGORY J. SMITH COUNTY ASSESSOR Buyer acknowledges receipt of a PRELIMINARY CHANGE OF OWNERSHIP REPORT along with these instructions and acknowledges that he has been advised that unless this form is completed, signed and returned to escrow holder at least three days PRIOR TO the close of escrow to accompany the Grant Deed when recorded, buyer will be charged the sum of $20.00 by the Title Insurer at the close of escrow. Escrowholder shall have no responsibility with this report and is furnishing same as an accommodation only and will cause this completed report (if received within the above stated time period) to be forwarded to the Title insurer to eliminate this charge. W-9 TAX REPORTING FORM CP . *tilt- r*,am Seller(s) are to complete the top portion, execute, and return the W-9 form attached to these instruc.ions, in order to comply with the 1986 Tax Reform Act reporting requirements for closing agents, prior to the close of escrow. Escrowholder is instructed to complete the bottom portion of the W-9 form, at the close of escrow, and to submit same to 8pring Mountain Group for delivery to the Internal Revenue Service. PRORATIONS to'be made on the basis of a 30 day month on items marked "X" below as of CLOSE OF ESCROW (XX) TAXES, 1994195 on the basis of the latest tax statement, PLUS ANY SUPPLEMENTAL TAXES, IF AVAILABLE, BUT WITHOUT REGARD TO ANY FUTURE SUPPLENENTAL TAXES INCURRED BY REASON OF REASSESSMENT I agree no notice, demand, or change of instructions shall be of any effect unless given in writing and approved in writing by all parties affected by same. BUYER'S APPROVAL . I agree to pay buyer's usual charge5 on demand, including, but not limited to: sub-escrow fee if incurred on my behalf only, recording grant deed, buyer’s escrow fee, drawing any trust deed and note executed by me, recording and drawing any other documents necessary on my part, loan tie-in fee, and lender's fees incurred as specified in said lender's documents. BY SIGI;ATURE BELOW, THE GENERAL PROVISIONS ON THE LAST PAGE HEREOF ARE APPROVED AND INCORPORATED WITHIN THE TERMS OF THIS ESCROW AS THOUQH THE SAME APPEARED OVER NY SIGNATURE. Prepare the grant deed providing tax statements to be mailed to buyer at: g-$&pRJNG MOUNTAIN Escrow No 11810-L ESCROW Date CORPORAlION ' W&1318r f-5 - 1. 2. 3. 4. 5. 6. 7. 6. 9. 10. t1. 12. 13. 14. 15. 16. 17. 16. 19. 20. 21. 22. 23. 24. 25. 26. 27. 26. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. - 44. 45. 46. 47. 46. 49. MI. 61. 52. 53. 54. 55. 66. E ‘69. 80. 61. 62. 63. 64. 65. 66. 67. 66. 99. 70. - 11mwATwa. hoper. tbm great aood providing tmx stmtmmmob to h meiled to byor et? and tbm rmaordmd grant dnd ta be uilmd to bmyar et 105 Oek AVOW@, Culsbad, CA 92005 3 the City of Carlebad Wwsa’S AP?BmmL %IIS rOIEQOIWOTXW8, ~J~~KIITI~#~AND/OR II~~WNITHTB# omm8aL PewI8Iwm o3zltsusTPJLoB,llLltOC,W-fll, APmwCDMDAcwPwD5YYmttmw8BIaww nnJsnMsvI~BY smlmYuuBBmaM. 6 I will hend you all inetrumente and money necqesery for em to caply’with tbe ebove including & grant domd to the propetiy daecribed, vhioh you ah l athorieod to rmwrcl or delbmr vfnn you cm comply with them? Inatruathnm. You 8re l tthoriicd end lnetructod to pay all encumbrance8 oe '8814 prcperty, dmept thorn0 ubich Are t0 romin A lien At ClOU Of emcraw ee prs+iO~Oly e& fOftb, iroll th0 pr0COOdm of thie l mcrou. Ae f~ecrou holder, r-et my egent to uoign eey fire end 0th~ beureecm of rina heeded you or t&at honmfloieriee Lnfom you thmy bolci unloem tlmro arm prwlmionm to tho contrary vlthla these LnetruCtlone or eny t#rLttOn -8 to ths l sole. I -r-ma to pay ullmr' wu~l ChAfgWI lnaluding, but not limited to: mw-uorov tom, policy of title lneurence, documemteey trasufer tu in the Moot of S 722.25, moll~*e l crw Co&, drawing any de&o or other document oxmeuted by mm or -rl-*put* ycur fee to rmquoet eeeignmenta of LNurm, Offeot, bUk@fiCi~ Alid Avund -W . and the lender'm fmn incurfed am epeoifiod in maid l tateaonte. Weko chwk for b~lanom payablo to: Louimm Willlu, humtoe * Hail c-k end 811 my dwsmeste to: . Iamine ttilliur, Trumtom L - PIovIsIws Tbs “Opaeieg of Oaof#' 18 the datm l screw holdor moiroe oememted iaetxuetioar fr# aA priaoipele. In the l Beoec* of rmomApt of l socutd leetrwtio8m fmm alX pwtime and at tkm ~18 aieentioa of l ~ofow hohlmr, em~rmu koldor is ieatmotd to retam all bactamtm tummt~ (20) dep tra thm dmtm of d-it iwldieg meios te the approprieto partfms. on rul md.ato trumeot.ioM, tB0 -c108. of .soKmP $8 dmfioma aa tlm abtm docuuntr l rm rocordmd uith thm cammtw rmcordmr. Pmr 0th~ tfPe of trmMat100m, ‘olosm of oecrou' ie dofiamd l m tbr drtm on &iub all mmditiom ati eontingmscime hers bmmn mmt and l etieflod. If thr alow ofoearouham aotooourred at thm tirm pmda0a for ia tboeo iaetmotioas, l smmu koldor ie Letreutmd to corplmtm thm l ecf~* me coon ee poeeible uelers l scmu heldor recmiwos matuei writtsa iiletructione cencn~uIlg tlkm l wIDY. all proratioee an bemml oa a thirty (30) dey rortb w arm &m-a= of the d&m of tBo d080 of l mroa 8scrou holdor 18 only rupmsiblm for follauing thm mmtum1 rittmm immtructiom8 of the principal* l md no othmr lmgel rolatiooebip ie l etebliehmd botuomm l emraa holdmr l md thm principah. Tbm primaipal= l cknowhdga l acouholduhes,motmadm~y rmprmeootetione regerding this trmn=ation or thm propmrty; hmm not midad m ,- . . -a ..-.m..- : I . ’ ~ > I. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 48. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. '59. 80. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. Escrow holder has no duty to and shall not verify the signatures of any princfpal or third party. Escrow holder does not guarantee the sufficiency, validity, and/or enforcement of any documents. Escrow holder is authorized to utilize the services of a sub-escrow agent as a depository for funds and/or documents. Escrow holder has no obligation to disburse funds until the deposit has been honored by the bank and funds have been credited to the ac;count. The parties acknowledge that Spring Mountain. Escrow will issue escrow trust account checks to disburse all funds. If requested to transmit funds via Federal Wire or provide a cashier's check, escrow holder is instructed to deduct a $50.00 fee for each transmittal or check from funds on deposit for the.party requesting the service. In order to transmit funds by Federal Wire, escrow holder is instructed to disburse funds to Spring Mountain Croup "SPRINQ MOUNTAIN GROUP WIRE TRANSFER ACCOBNT" with wiring instructions in order to facilitate the wire request. The principals acknowledge that funds deposited into the escrow file are held in a non-interest bearing escrow trust account. EC 1lOlC 14190) All documents and checks will be forwarded via First Class Mail. If requested to use another delivery service, escrow holder is instructed to pay the charges assessed by escrow holder from the funds on deposit. Escrow holder is authorired to pay an escrow fee and all charges from funds on deposit in the escrow file. Should escrow holder decide, at its sole discretion, that it is necessary to incur extraordinary charges in the processing of this escrow, the principals agree to pay said charges on demand. Escrow holder is authorized to accept origini& counterpart@esiw instructions, amendments and other documents. All counterparts together shall constitute one and the same document.' Escrow holder is instructed to make available copies of all documents to the principal's real estate broker, agent, attorney or lender. If requested by the escrow holder, the principals agree to accept the written resignation of escrow holder and to cancel the escrow. If instructions to cancel the e&row are not received within ten (10) days of request, then escrow holder may resign and interplead the funds and documents with a court of competent jurisdiction. If the escrow holder receives instructions to cancel the file; if escrow holder resigns; or if the file cancels in any other manner, then the principals irrevocably authorise escrow holder to deduct a cancellation fee from the funds on deposit and to disburse any remaining funds pursuant to the instructions of the principals. There will be no cancellation fee if the cancellation occurs within ten (10) business days after the date the file was opened; the cancellation fee will be $150.00 if the cancell8tion occurs within eleven (11) to twenty (20) business days; and at least $350.00 if the cancellation occurs within twenty-one (21) to forty (40) business days after the opening date.. (Seller initial) ' *itial) In addition to any other fees and costs, the principals jointly and severally agree that, if escrow holder is required to hold funds on deposit for more than 90 days after the estimated closing date, or after the date funds and documents are deposited whichever is later, whether or not the escrow file has closed or cancelled, then escrow holder is irrevocably authorized to deduct and pay to escrow holder on the first of each subsequent month, a "hold open" fee of $75 per month from funds on deposit in the escrow. The principals irrevocably instruct escrow holder to cancel and close the escrow file when all funds on deposit have been disbursed. (Seller initial) (Buyer Initial) The principals to this escrow, jointly and severally, promise to indemnify and hold escrow holder harmless from all fees, expenses, obli- gations and liabilities which escrow holder may incur or suffer directly or indirectly, either before or after the close or cancellation of the escrow fiie. The prhcipais ko tha escrow, jointly and severally, promise to pay on demand all fees and costs incurred or suffered by escrow holder directly or indirectly, either before or after the close or cancellation of the escrow file including, but not limited to, administrative and governmental costs, damages, awards, judgements, audit and legal fees, litigation costs, arbitration charges, including, but not limited to attorney's fees and costs before trial, at trial,, on appeal or for collection. Escrow holder does not agree to submit to ' arbitration or any other alternative dispute resolution method. Escrow holder hereby notifies the principals to the transaction that if this transaction is a sale, you may have certain reporting and with- holding obligations pursuant to California State law. In accordance with Sections 18805 and 26131 of the Revenue and . Y’\i,Q;!‘\ k-J ’ ---‘I +&P ‘, . . . . * ‘c C’ .‘... ,-I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 18. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. #l-lspRIN~ - MouNTAf N Escrow No 11810-L ESCROW Date * ;P;','"I 1995 . ClJAPflRAllON Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3'peraent of the sales price, in the case of a disposition of California real property interest by either 1.) A seller who is an individual with a last known street address outside of the state of California or when the disbursement instructions authorise the proceeds be sent to a financial intermediary of the seller, OR 2.) A corporate seller which has no permanent place of business in California. For failure to withhold, the buyer may become subject to a penalty in an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if 1.) The sales price of California real property conveyed does not exceed one hundred thousand dollars ($lOO,OOO.OO), OR 2.) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3.) The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The principals to this transaction are advised to seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of these laws on thiia transaction. The 50. , 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. principals to this escrow have not and will not act or rely on any statements made or omitted by employees of Spring Mountain Escrow with respect to tax reporting or withholding requirements. Escrow holder will not take any action regarding tax reporting and withholding until additional mutual written instructions are received from seller and buyer in a form acceptable to escrow holder. Seller may request a waiver by'contacting: Franchise Tax Board, Withhold at Source Unit, P. 0. Box 651, Sacramento, California 95812-0651, tel er 916-369-4900. (Seller initial) (Buyer Initial) SPRING MOUNTAIN ESCROW CORP. SOLANA BEACH BRANCH (619) L81-7714 162 Stevens Ave., Suite 8105, Solana Beach, CA 92075 ESCROW STATEMENT OF: ESCROW OFFICER : Housing S: Redevelopment Commis of the City of Carlsbad, CA PROPERTY : Vacant Land t203-30L-09 & 20, Carlsbad, CA 92008 ESTIMATED CLOSING STATEMENT - BUYER ----------------------------------------------------------- ----^------_-_------___________^________------------------- Total Consideration Total Oeposits County taxes 6 mos P $ 830.81 from 05/18/95 to 07/01/95 Escrow fee to SPRING MOUNTAIN ESCROW CORP. Recording fees Deed $ 20.00 Mortgage 16 Release s PAD - to be refunded Balance Due Totals Page 1 Lisa Shultz Escrow No. 11810-L DATE: May 18, 1995 BUYER DEBIT ----------- ---^------- 656.250.00 BUYER CREDIT _----------- ___-_---^^-^ 5,000.00 198.17 980.00 20.00 300.00 652,768.67 657,768.&7 657,7[L8.17 ----------- __---------- ----------- ---we------- .) ESTIMATED CLOSING STATEMENT - EUYER n. - b * 0 GREGORY J. SMITH, ASSESSOR COUNTY OF SAN DIEGO 1600 PACIFIC HIGHWAY, ROOM 103 SAN DIEGO, CALIFORNIA 92101-2480 TELEPHONE (619) 531-5848 PRELIMINARY CHANGE OF OWNERSHIP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. -$ELLER/TRANSFEROR: Louise Williams BUYER/TRANSFEREE: City Of Carlsbad 9 Housing & Redevelopment Commission ASSESSOR'S.PARCE~NUMBER(S):~O~-~O~-O~ and 203-304-20 P$O&RiY AODCiESS OR LOCATION: Northeast corner of Roosevelt and Carlsbad Village Drive, Carlsbad, Calif. 92008 ~~~~xrfbr.~ation.To:’ IName): City of Carlsbad gs),'.1200 Carlsbad Village Drive Carls bad C;m A Preliminery Changi in Ownership Repor must be filed with each convey- ance in the County Recorder’s office for thecountywharelhepropertyis loceted: this particular form may be used in ell58 counties of California. I FOR RECORDER’S USE I CSH I PP AREA I The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For further information on your supplemental roll obligation, please call the Assessor Realty Division at (619) 531-5761. For information about this form, please call the Change in Ownership Section at (619) 531-5848. $j@#?T f: ;TRANSFEjl NONFORMATION ‘:i: ’ . .I . . -@Jwespy;$ ..--~ 0 Yes 0 No A. Is this transfer solely between husband and wife? (Addition of a spouse, death of a spouse, divorce settlement, etc.) 0 Yes Gd No 8. Is this transaction only a correction of the name(s the person(s) holding title to the property? (For example, a name change upon marriage.) 0 Yes i8 No C. Is thisdocument recorded to create, terminate, or reconvey a lender’s interest in the property? Cl Yes q No 0. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g., cosigner)? 0 Yes lid No E. Is this document recorded to substitute a trustee under a deed of trust, mortgage. or other similar document? 0 Yes iid No F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? 0 Yes Q No G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. E! GE: 8 ;: Is this transfer of property: 1. to a trust for the benefit of the grantor, or grantor’s spouse? 0 Yes a No 2. to a trust revocable by the transferor? 3. to a trust from which the property reverts to the grantor within 12 years? 0 Yes Gi No I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? 0 Yes iid No J. : !i Is this a transfer from parents to children or from children to parents? 0 Yes [9 No K. Is this transaction to replace a principal residence by a person 55 years of age or older? * If you checked yes to item J or K, a claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer: IF YOU HAVE ANSWERED ‘YES’ TO ANY OFTHE ABOVE QUESTIONS EXCEPT ITEMS J OR K. PLEASE SIGN AND DATE ON THE REVERSE SIDE, OTHERWISE COMPLETE BALANCE OF THE FORM. PZRT 11:: OTHER-TRANSFER INFORMATION ‘3 yv- i... 5 -;r;: c -i 3 -;, I ‘ - .- .- -z-w,s- A. Date of transfer if other than recording date: $&k;...* 2 4; ,$-- ‘i-9 8. Type of transfer. Please check appropriate box. I q Purchase 0 Foreclosure 0 Gift 0 Trade or Exchange 0 Contract of Sale - Date of Contract 0 Inheritance - Date of Death 0 Other (please explain): 0 Creation of a Lease: 0 Assignment of a Lease: D Termination of a Lease: Date Lease Began Original term in years (including written options) Remaining term in years (including written options) C. Was only a partial interest in the property transferred? 0 Yes q No / ---’ If ‘Yes’ indicate the percentage transferred: % / 3 l-letlSt$ &liSW(;‘T; 1” lIlti Ut?Sl “I you, KIlOWieUye, all epplrcaure c(UffSllVrlS, Sl&Vl t#llU Ualt?. II e ~lktisl#Vl~ UUbS It01 ir#Jry, I~lUlLt)lt) WIllI IV/&I . I%@% III: PUAtWASE bWCE b TE-‘IS OF SALE A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost) Amount $ 656,250 B. w FIRST DEED OF TRUST @ - % Interest for - years. Plyment$/Nlo.=$ Amount $ (Prin. 8 lnt. only) 0 FHA 0 Fixed Rate 0 New Loan Cl Conventional 0 Variable Rate 0 Assumed Existing Loan Balance q VA ) 0 Cal-Vet -. a All Inclusive D.T. (S Www4 0 Bahk or Savings & Loan 0 Loan Carried by Seller i s 0 Finance Company Balloon Payment q Yes 0 No Due Date Amount S , C. SECOND DEED OF TRUST @ - % Interest for - years. Payments/Mo.=$ Amount $ (Prin. 61 Int. only) 0 Bank or Savings & Loan q Fixed Rate . 0 New Loan 0 Loan Carried by Seller 0 Variable Rate ’ [I Assumed Ekisting Loan Balance Balloon Payment 0 Yes q No Due Date Amount $ 0. OTHER FINANCING-Is other financing involved not covered in (6) and (C) above? 0 Yes 0 NO Amount S Tape @ - % Intd)bst #or - Yeats. Pai/mdhtwMo.=Q (Prin & Int only) 0 Bank or Savings & Loan tl Fixed Rate 0 New Loan 0 Loan Carried by Seller Cl Variable Rate t] Assumed Existing Loan Balance Balloon Payment 0 Yes 0 No Due Date Amount 8 E. IMPROVEMENT BOND U Yes 0 No Outstanding Balance Amount $ F. tOTAL kUkCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission If baid.) Total Items A through E. ) G. PROPERTY PURCHASED: 0 Through a broker:= Dire& from seller: 0 Other (explain) If purchased through a broker, provide broker’s name and phone no.: Please explain any special terms or financing and any other information that would help the Assessor understand the purchrlse price and terms of sale. f’~~3&WW’?~ !iUFCfRIUAtl&N’ ‘l A. Is Personal Property (moveable items such as furniture, appliances, and equiptment) included in the Purchase Price (other than a mobilehome subject to local property tax)? 11 Yes 0 No If ‘Yes’ enter the value of the personal property included in the purchase price $ (Attach itemized list - of personal property). / B. Is this property intended as your principal residence? 0 Yes a No If ‘Yes’, 6ntef date of occupancy Month ’ 19 -or intended occupancy ,- 19- Qav Month DW C. Type of Property transferred: 0 Single-family res/dgnce 0 Agricultural 0 Tfmeshare 0 Multiple-family residence (no. of units: - 0 Commercial/l&dustrial I Cl Co-op/Own-your-own ’ . 0 Mobilehome Parking lot 0 Condominium 0 Unimproved lot @X Other (Description: , 1 b. Does this property produce income7 0 Yes 0 No E. If the answer to question ‘0’ is yes, is the income from: 0 Lease/Rent Cl Contract 0 Mineral Rights 0 Other-explain: F. What was the condition of the property at the time of sale? @ Good 0 Average q Fair 0 Poor Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the property such as the - physical condition of the property, restrictions, etc. Please Print-kame of New Owner/Leg& Representative/Corporate Officer Phone Number where you are available from 8 a.m.-!5 Fj.m. ( 1 !,’ j (NO?i: the Assessor mby contad vdu for further informeHon.) If a document evidencing a changeof ownership is presented to the recorder for recoidation without the concurrent filing of a preliminary change of ownership report. the recorder may charge en additional recording fee of twenty dollars (520). The additionef fee shalt not be charged if the document is accompanied by an affidavit that the transferee is not a resident of California. AFFIDAVIT OF NONRESIDENT TRANSFEREE The Transferee (buyer) named above is a resident of State and not a resident of the State of California. Signed Date: (New Owner/Legal Representative/Corporate Officer) .- /L/ _ --- -_ .---p-n-, -. ,Y--~- ‘... : . - ;“i; I. ;&&&LTTdd; a& SPRING MOUNT~N ESCROW ~---------*-------rrir=~ City of Carlsbad, Facilities &Cl5 Oak Avenue Carlsbad. CA 32008 Dizr,te : May 8) 1’335 Escrow No: 111310--1- Dear‘ City of Carlsbad, Facilities: In connection with your above numbered escrow, the items CHECKED BELOW are enclosed for your approval and signature. Please SIGN AND RETURN the items marked with an “X” below Escrow Instruct ions Gz- Amended Instructions Dated __- Termite report __ and/or completion notice fleownar ‘s Association Items and receipt for same ____ Prellmlnarr title report and receipt for same ___ Rent Statement Please have Your SIGNATURES ACKNOWLEDGED BEFORE A NOTARY PUBLIC on the following documents: _,__ Grant Deed __ Interspousal Grant Deed _I Quitclaim Deed __ Deed of Trust Please SIGN AND FULLY COMPLETE the following forms: I_ Statement of Identity _“_ Preliminary Change of Ownership I_ Vest iny amendment Please furnish us with the item(s) checked below: __ Name and phone number of Your Fire/Hazard Insurance agent Enclosed for your information : Please retain additional copies for your file, and send all other items. signed and completed, back to this office in the envelope provided. If YOU have any questions, or if we may be of service to YOU, please call this office. Sincerely, SPRING MO-IN ESCROW CORP. AsLsist . Vice President / Manager Deborah Ott. Jr. Escrow Off icer/‘Assr;. //s 462 Stevens Avenue Suite 105 Solana Beach, CA 92075 (619) 481-7714 FAX # (619) 481-9917 @spRING IVDJNTAIN ESCROW CORPORATION AMENDED INSTRUCTIONS Branch 462 Stevens Ave., #lo5 Solana Beach, CA 92075 Telephone *619) 481-7714 Escrow Officer Lisa Shultz Escrow No. 11810-L Date 512195 Previous instructions in the above numbered escrow are hereby modified and/or supplemented in the following particulars only: Lines 61 through 70 of page 1 of the original escrow instructions dated April 18, 1995 are hereby amended to read: "These escrow instructions are not intended to amend, modify or supersede the prior ground lease and option agreement between the parties, specifically as it may releate to the condition of property, seller's representation, etc. Escrow holder is only to be concerened with the provisions as specifically set forth in these instructions." All other terms and conditions remain the same. Louise Williams, Trustee EC 1105 (8/90) _- &&spRING - I%XJNTAIN ESCROW CORPORATION AMENDED INSTRUCTIONS Branch 462 Stevens Ave., %105 Solana Beach, CA 92075 Telephone *619) 481-7714 Escrow Officer Lisa Shultz Escrow No. 11810-L Date 512195 Previous instructions in the above numbered escrow are hereby modified and/or supplemented in the following particulars only: Lines 61 through 70 of page 1 of the original escrow instructions dated April 18, 1995 are hereby amended to read: "These escrow instructions are not intended to amend, modify or supersede the prior ground lease and option agreement between the parties, specifically as it may releate to the condition of property, seller's representation, etc. Escrow holder is only to be concerened with the provisions as specifically set forth in these instructions." All other terms and conditions remain the same. Louise Williams, Trustee Housing and Redevelopment Commission EC 1105 (9/90) ‘< Ch’ICAGO TIF,E COMPANY Issuing Office: 925 B STREET SAN DIEGO, CA 92101 PHONE: (619)239-6081 - Escrow No. 000978775 LISA SPRING MOUNTAIN ESCROW 462 STEVENS AVENUE, SUITE 109 SOIANA BEACH, CALIFORNIA 92075 Order No. 978775 05 Reference: 11810-L Regarding: VACANT , CALIFORNIA Dated asof: April 18, 1995 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY herebv reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. PIease read the exceptions shown or referred to in Schedule B and the exceptions and exehtsions set forth in the attached list of this report ekefirlly. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminaq report is not a written representation aa to the condition of title and may not list ail liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY SANDRA M. 'W?ZBER 544-6222 Title Officer PG4-‘1/07/94AA c SCHEDULE A Order No: Y 78775 05 YourRef: 11810-L 1. The estate or interest in the land hereinafter described or referredto covered by this report is: A FEE 2. Title to said estate or interest at the date hereof isvested in: LOUISE WILLIAMS, TRUSTEE UNDER DECLARATION OF TRUST DATED JULY 21, 1992 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follmvs: PARCEL 1: LOTS 1, 2 AND 3, BLOCK 38, TOWN OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1988. PARCEL 2: LOTS 4 AND 5, BLOCK 38, OF CARLSBAD TOWNSITE, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, FEBRUARY 15, 1894. SCHEDULE B - -Page 1 -0;der No: 978775 05 Your Refi 11810 -L At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAKES, TO BE LEVIED FOR THE FISCAL YEAR 1995-96 WHICH ARE A LIEN NOT YET PAYABLE. B 2. THE LIEN OF SUPPLEMENTAL TAKES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. C 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR RIGHT-OF-WAY PURPOSES JULY 20, 1982, AS FILE NO. 82-221318, OFFICIAL RECORDS AFFECTS : AS FOLLOWS: D THAT PORTION OF LOT 1 BLOCK 38, OF THE AMENDED M&P OF THE TOWN OF CARLSBAD, RECORDED AS MAP 775, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAS TERLY CORNER OF SAID LOT 1; THENCE NORTHEAST 5.00 FEET, ALONG THE SO UTHEASTERLY LINE OF SAID LOT 1; THENCE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 1, THAT IS 5.00 FEET NORTHWESTERLY FROM SAID POINT OF BEGINNING; THENCE SO UTHEASTERLY, 5.00 FEET, ALONG SAID SOUTHWESTERLY LINE TO THE POINT OF BEGINNING. E 4. A DOCUMENT ENTITLED ADDENDUM TO GROUND LEASE AND OPTION AGREEMENT EXECUTED BY LOUISE WILLIAMS, AS CONSERVATOR OF THE ESTATE OF MINNIE CARPENTER, AND LOUISE WILLIAMS, AN UNMARRIED WOMANAS HER SOLE AND SEPARATE PROPERTY, AS JOINT TENANTS (LESSORS) AND THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD (LESSEE) AND RECORDED MARCH 4, 1992, AS FILE NO. 1992-0119095. F REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. G THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. Ii 5. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. I END OF SCHEDULE B Pige 2 SCHEDULE B - _ . (continued) * 0;der No: 978775 05 Your Ref: 11810-L J NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 1994-95 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNER'S EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: PARCEL NO: $548.27 PAID $548.27 PAID $NONE $72,717.00 $NONE $NONE 09098 203-304-09-00 P AFFECTS PARCEL 1 K NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 1994-95 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNER'S EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: PARCEL NO: $282.54 PAID $282.54 PAID $NONE $30,307.00 $NONE $NONE 09098 203-304-20-00 P AFFECTS PARCEL 2 L NOTE NO. 3: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOXED OR TERMINATED. M NOTE NO. 4: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE AFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. REUMBC9/23/S3bk - * Page 3 SCHEDULE B - (continued) * Oider No: 978775 05 Your Ref: 11810-L PARTIES: LOUISE WILLIAMS (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEARTO INVOLVE THE PARTIES BUT IN FACTAFFECTANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL To THIS FILE.) N NOTE : IF THIS COMPANY IS REQUESTED To DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE To SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE : ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 000978775 ATTN: SANDRA M. WEBER TITLE OFFICER 0 NM 4 L .,*r E .” 4 F - . = -- ij .“r ‘: 1 @II 4 ‘3m -,‘I-, !+-‘j ad- “c *. ,z CTPP . U%=GZ E - - ‘.: ; :r: m w- I- 5.. ; a 0 A. . c n p- -. m Q = I 8 ’ i ;a; : 5. El 32 _’ 5 cn L ----- i. I .-...., ‘23 OE-EOL :dw - s6-b66~ ii3 'O&TO UOS :~=a hZodOZd I- MU LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of thts policy and the company Wilt not pay IOSS Or damage. Costs. attorneys’ fees Or expenses whtch anse by reason of: 1. (a) (b) 2. 3. (a) (b) 1:; (e) 4. 5. 6. Any law. ordinance or governmental regulatton (Including but not ltmited to building and zoning laws. ordinances. or regulations) restricting, regulatmg. prohibiting or relatmg IO (I) the occupancy, use. or en)oyment of the land; (it) the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a separatron In ownershlp or a change in the dimensions or area of the land or any parcel of which the land IS or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinancesor governmental regulations, except to the extent that a notice of the enforcement thereof or a notrce of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Oate of Policy. Any governmental polrce power not excluded by (a) above. except to the extent that a nottce of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged vtolatton affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notlce of the exercise thereof has been recorded in the publtc records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the nghts of a purchaser for value without knowledge. Defects. liens. encumbrances. adverse cfatms or other matters: whether or not recorded in the public records at Date of PoScy. but created. suffered. assumed or agreed to by the insured claimant; not known to the Company. not recorded in the pubkc records at Date of Policy. but known to the Insured claimant and not disclosed in writing to the Company by the insured cfatmant pnor to the date the Insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant: attaching or created subsequent to Date of Policy: or resulting in loss or damage whtch would not have been sustained if the insured claimant had patd value for the insured mortgage or the estate or interest insured by this policy. Unenforceability of the lien of the Insured mortgage because of the inablftty or fatlure of the insured at Date of Policy or the inability or failure of any subsequent owner of the indebtedness. to comply wtth applicable doing busmess laws of the state in which the land is situated. Invalidity or unenforceability of the ken of the insured mortgage. or clatm thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-m-lending law. Any claim. which arises out of the transactton vesting in the Insured the estate or Interest insured by thtS policy or (he (ranSac(ton crea(lng (he interest Of the insured lender. by reason of the operation of federal bankruptcy, state insolvency or Stmtfar creditors’ ngh(s laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys’ fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such I ,,; agency or by the public records. 2. Any facts. rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lane or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances. or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines. shortage in area, encroachments. or any other facts which a correct survey would disclose. and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authonzing the issuance thereof; (c) water rights, claims or tttfe to water, whether or not the matters excepted under (a). (b) or(c) are shown by the publtc records. Reorder Form No. 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOClATlON RESIDENTIAL TITLE INSURANCE POLICY (6-l-67) EXCLUSIONS In addition to the exceplrons In Schedule 8. you are not Insured against loss, costs. attorney’s fees and expenses resultrng from. 1. Governmental polrce power, and the eXlStenCe or vrofatron of any law or government regulatron. This includes burfding and zon,ng ordmances and also laws and regulatrons concerning: l land use l land drvision l improvements on the land l envrronmental protection Thus excluston does not apply to the violations or the enforcement of these matters whrch appear in the public records at Policy Date This exclusion does not limrt the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemnmg It. unless: l a notrce of exercistng the rrght appears in the public records on the Policy Date l the taking happened prror to the Pokey Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: l that are created. allowed, or agreed to by you l that are known to you. but not to us, on the Pokey Date - unless they appeared rn the pubkc records l that result in no loss to you l that lirst affect your trtle after the Pokey Date - thus does not lrmrt the labor and matenal ken coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your trtle. 5. Lack of a right: l to any land outside the area specifically described and referred to in item 3 of Schedule A, or l in streets. alleys. or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. -9 r- .---. 2, AMERICAh LAND TITLE ASSOCIATION LOAN POLICY \ 10-l 7-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which anse by reason of: 1. (al PI 2. . 3. (4 . .,j @I (a (d) (e) 4. 5. 6; 7. Any law, ordinance or governmental regulation (mcluding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation m ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not exclluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances. adverse claims or other matters: created. suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resultmg in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed al Date of Policy); or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage Unenforceability of the lienpf the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failureof any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in fending law. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or IS obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on: (I) the transaction creatmg the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, kens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are t’iOt shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. - AMERICAN LAND TITLE ASSOCIATION OWNER’S POLICY (10-l 7-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER’S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of: 1. (4 (W 2. 3. (a) W w (d) W 4. Any law. ordinance or governmental regulation (including but not limrted to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibrting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensrons or !ocatron of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change rn the dtmensions or area of the land or any parcel of whrch the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking whrch has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects. liens, encumbrances, adverse claims or other matters: created. suffered. assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy; or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, whtch anses-out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors’ rights laws, that is based on: (i) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (II) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the farlure: (a) to timely record the instrument of transfer; or (b) of such recordatron to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a pubkc agency which may result In taxes or assessments, or notrces of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons m possession thereol. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies. confltcts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CD i EJ ) 1 I;1 1 RI 1 .: I__ S‘ ‘1 7’ * -.l *- .?.d,.C,.SS x .d,‘ F ul F” : a . . ; i. : !.._ ;c ! 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