Grant Deed 2002-0918941
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RECQIUlING REQUESJ'BtI,BY ~
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CERTIFICATE OF ACCEPTANCE
I, Lori Anne Peoples, as Secretary and agent for Poway Redevelopment Agency
Make the following certification on its behalf;
This is to certify that the interest in real property conveyed by the Grant Deed
dated from Roy Alcobia, Grantor, to the Poway
Redevelopment Agency, Grantee, a political corporation and/or governmental agency,
oa
is hereby accepted by the undersigned officer
tR-8T-18 adopted on July2lof
Directors pursuant to authority conferred by Resolution No
1987, and the grantee consents to recordation thereof by its duly authorized officer or
agent.
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Dated:_ POWAY REDEVELOPMENT AGENCY
Seal' G'•��i�l � ""'-`;tom;;Anne Peoples, Sec tory
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AMAMENT TO ESQR0WINSTRUAoNS
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~t.:' ~4096BONITAROAD, BONITA: CA,91902
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Escrow No. 28071135.N!l0 Escr()w 0ificer Dana Queen ,~Date October 9,2002
Property' 14152 Sycamore Avenue, Poway, CA ~3e J)'
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1. Your original escrow instructions and any amendments and/orsul;lplernents,thereto; are herebYamt~d/or
2, supplemented'assefforth herein: ~
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4, All partle,s he,reby acknowledgetl1at ifthere,are any Inconsistency betw.eenthe First Amendment to Purchase
5, Agreement dated'October 9; 2002 and the;purchase Agreement between by and between Roy Alcobla andPoway
6. Redevelopment'Agency dated.September'16,,2002, the provisions of the Pcurcha,se Agreement will control.
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9, ALL OTHER TERMS AND CONDITIONS ARE TO REMAIN THE SAME"
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14. Roy Alc6bla
1S, Poway:Redevelqpment Agency
16, Penny Ri1ey,bep~ty ExecutiVe Director
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PURCHASE AGREEMENT
By and Between
ROY ALCOBIA
(" Seller")
and
PO:WAYREDEVELOPMENT AGENCY
("Buyer")
(14152 Sycamore Avenue; APN 314-182-29)
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TABLE OF CONTENTS
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1. Purchase Price and Terms 1
2. Deposits i
3. Buyer's Feasibility Review
4. Buyer's Entry Onto Property 2
5. Escrow 2
6. Condition Of Title • 3
7. Title Policy 4
8. Conditions to Close of Escrow 4
9. Deposits by Seller 5
10. Deposits by Buyer 5
11. Costs and Expenses 5
12. Prorations 6
13. Disbursements and Other Actions by Escrow Holder 6
14. Seller's Representations and Warranties 7
15. Buyer's Covenants, Representations and Warranties 7
16. Sellers Remedies 10
17. Damage or Condemnation Prior to Closing 10
18. Notices 10
19. Brokers 11
20. Legal Fees 11
21. Assignment By Buyer 12
22. Other Fees And Assessments 12
23. Miscellaneous 12
24. Indemnification of Escrow Holder 14
EXHIBITS
EXHIBIT A - Legal Description of Property
EXHIBIT B - Grant Deed
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,PURCHASE AGREEMENT
THIS PURCHASE AGREEiyffiNTC"Agreement") is made ' and entered into as of the /~ '-i4-
day Of~' 2002, and constitutes an agreement bywhic~ ROY ALCOBIA ("Selle~'?,
agrees to sell to PQWA Y REDEVELOPMENT AGENCY, a publIc body, corporate and politIc
("Buyer"), that certain real property located at 14152 Sycamore Avenue, in the City of Poway,
County of Sap. Diego, State ot" California, legally described in EXhibit A attached 'her~to (the
"Property"),
1 l'urchase P.rice,and Terms. Subject to the terms of this Agreement, Buyer agrees
to buy, and.Selleragrees to,sell;.the Property for a,total cash ,price payable upon' Close of Escrow
ofTHREEHUNDREDTHOl!SAND DOLLARS ($300,000.00) for all parcels ofthe.Property
2. Deposits.
(a) Initial Deposit. Upon opening Escrow, Buyer will deliver a wire or
warrant to Escrow Holder in the amount .of Five Thousand Doilars($5,000) ("Initial Deposit").
Such deposit shall be deposited into Escrow and credited againSt the purchase price at Close of
Escrow
(b) . Deposit. The Initial Deposit is sometimes referred to herein' as the
"Deposits." The Deposits shall, if requested by Buyer, be deposited by Escrow Holder, in an
interest-bearing bank or savings and loan association account and the accrued interest shall
become part of the Deposits. Inhere is no Second Deposit, "Deposits" means the InitialtDeposit.
All Deposits shall be made'by cash, warrant or wired funds,
3 Buyer's FeasibilitvReview Buyer shall have to and including 5'00 p:m. (San
Diego time) on the Thirtieth (30th) day after the Feasibility Commencement Date (the
"Feasibility Review Period") to study and review the Property, including the performance of
CEQA review and a Phase I contamination study and supplemental aJ1alyses to the satisfaction of
Buyer, for the purpose of determining the feasibility of Buyer's purchase; based on Buyer's good
faith discretion. The Feasibility Commencement Date shall be the Execution. Date of this
Agreement. Buyer shall, at:its,expense, 9hl!rin such enyironrnental assessments, Phase I report,
supplementai.analyses; land us,e and zoning studies, soils reports, appraisals, and other tests,and
reports. as Btiyerdeems necessary to fully evaluate theProp,?rty S,eller shall, within five (5) days ,;
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after the opell.ing Of Escrow,. ,provide to, ~uyer copies .of'such reports, te~ts, studies and
docwn~nts as Seller may have concef!ling the Prop~rty~ (but ,seif~r makes no'warraJ1ty <l~ to the
adequ';icy:content or accUracy thereof) and.a Narural H?za'rdsDisclo~!ll:e Statement. Seller shall
not' be required to deliver to Buyer ceiplesof-;;oiie~peihdenc:; dr' agreements'wIth-either buyers,
real estate', agents or lenders or Seller's internal rec'ords, such as tax returns and intra-company
agreements and correspondence or other confidential information.
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If Buyer submits written disapproval of the feasibility review to Escrow Holder on or
before the expiration of the Feasibility Review Period, this Agreement shall be terminated
without liability to either party on the eleventh (1161) day thereafter, and Buyer's Initial Deposit
shall, after the expiration of the ten (10) day renegotiation period hereinafter described, be
refunded to Buyer, less Buyer's share of any escrow and title cancellation fees. In the event that
such notice is given, Buyer and Seller agree to negotiate for a period of ten(10) days following
the date such disapproval is received by Escrow Holder regarding a revised purchase at an
adjusted purchase price or an allocation of environmental cleanup costs. If the parties do not
reach and deliver to Escrow Holder a revised Purchase Agreement within said ten (10) day
period, Escrow Holder shall process cancellation without further instruction. If Buyer does not
submit timely written disapproval of the feasibility review, Buyer shall be conclusively deemed
to have approved the feasibility review(including the Natural Hazards Disclosure Statement):
• shall make the Second Deposit (if required above), shall accept the property in "AS/IS" condition
• at close of escrow as set forth in Sections 14 and 15 hereof, and shall release Seller from liability
at close of escrow as set forth in Section 15 hereof Buyer and Seller hereby agree to indemnify
and defend Escrow Holder from any liability for so releasing the Deposits.
4. Buyer's Entry Onto Property. While this Agreement is in effect, Buyer, its agents,
• contractors and subcontractors shall have the right to enter upon the Property, at reasonable times
during ordinary business hours and upon prior written notice to Seller, to make any and all
inspections and tests as Buyer reasonably deems desirable and which may be accomplished
without causing any material alteration or damage to the Property. Buyer agrees to indemnify,
defend and hold Seller and the Property harmless from any and all costs, loss, liability, damages
or expenses, of any kind or nature, arising out of or resulting from such entry. Notwithstanding
anything in this Agreement to the contrary, the foregoing indemnity and defense obligation of
Buyer shall survive the termination of this Agreement. Buyer shall have no right to terminate
this Agreement based on the results of such inspections and tests except during the Feasibility
Review Period.
5. Escrow.
(a) Opening Of Escrow. The "Escrow Holder" shall be Chicago Title
Company. For purposes of this Agreement, the Escrow shall be deemed opened on the date
Escrow Holder shall have received a fully executed copy of this Agreement (or signed duplicate
counterparts) from both Buyer and Seller. Buyer and Seller agree to deposit this Agreement with
Escrow Holder within one (1) day after this Agreement has been signed by both parties
("Execution Date"). Escrow Holder shall confirm to Buyer and Seller, in writing, the date
Escrow is opened, the expiration date of the Feasibility Review Period, and the Closing Date. In
addition, Buyer and Seller agree to execute, deliver and be bound by any reasonable or
customary supplemental escrow instructions of Escrow Holder or other instruments as may
reasonably be required by Escrow Holder in order to consummate the transaction contemplated
by this Agreement; Buyer and Seller agree to sign and deliver such supplemental escrow
• instructions to Escrow Holder within five (5) days after receipt thereof. If there is any
inconsistency between such supplemental instructions and this Agreement, this Agreement shall
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control as betweeriBuyer aqd Seller unless such supplemental instructions. expressly state that
they supersede or modifY this Agreement.
(b) €lose Of Escrow For purposes.ofthis 'A'greenien!, the "Close ofEscro.w"
shalibe defined as the date that ihe, grant deed conveYlng;the.Property to Buyer is recorded in the
Official Records of San DiegO- ~ounty, California. Escrow shall Close on or before forty-five
(45) days after the Execution Elate or as soon thereafter as pMsibie(the "Closing Date").
6, Condition Of Title. It shalLbe a condition.to the:810se of ES,crow that title to the
Property be conveyed to Buyer.hy Seller by Grailt De'ed subject only to the following approved
conditions of title ("Approved Conditions of Title"):
(a) A lien to secure. payment of real estate taxes and assessments, not
delinquent.
(b) The lien .of supplemental taxes assesse4 pursuant to Chapter 3.5
commencing with section}5 of the California Revenue and TaXation Code.
(c) Building, ,building line, use or occupancy restrictions and zoning and
b\lilding .laws and ordinances o( the Federal, state, mliriieipal, city and other governmental
authorities having jurisdiction over.,the.Property
(d) All matters which would be disclosed by an inspection or survey of the
Property
.( e) Exceptions which are disclosed by.a current preliminary title report (the
"Report") with respect to the Property issued by Chicago, Title Insurance Company ("Title
Comp,aJ1Y")and which are approved or deemed approved:by' Buyer in accordance with this
subparagraph. Within five' (5) days following the 'Execution Date, Escrow Holder shall;, at
B\lyer's expense, cause the Title Company to deliver to Buyer. imd Seller the. Report, together
with copies. of the docwnents ullderlying any exceptions referred to illcsaid Report. The failure
of Buyer to disapprove any such exceptions by a writing delivered to Escrow Holder within
fifteen (15) days following Buyer's receipt of the Report aildcopies of the docwnents,referred to
in the Report,wpich writing'slial!',speciflcally delineate the items of disapproval and the reasons
therefor, shall be conclusively. deemed to be an approval thereof:oy Buyer Buyer shall not
unreaSonably disapprove aIiy title exception, If Buyertimely:disapproves any such exceptions,
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Seller shall thereafter have the right, but not the ()bligati9n, to'agree to eliminate such exceptions
as Buyer 'sh~l.haveso disapproved hefore the Clo;;ing,by giving notiCe of Seller's agreement to
B,uyer:on or before five.(5),days following.receiphofBuyefs disapproval notice, If, within said
five (5) day period, Seller does not notify B\lyer of Seller's agreement to eliminate said
disapproved exceptions, Buyer sh.all'have the right, by a/writing delivered to Seller and Escrow
Holder on or before five (5) days following tJie expiration of said five (5) day period, to (i)
waive its prior disapproval, in, which event ,said disapproved exceptions shall be deemed
approved, or- (ii) terminate this Agreement; in which 'event Buyer's Initial Deposit, Second
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Deposit (if any), and any extension fee(s) shall be refunded to Buyer and thereafter the rights and
obligations of the parties hereunder shall terminate.
Should a supplemental report be issued disclosing additional title exceptions that
significantly affect the operation of the Property or involve a material surface encroachment or
impairment of access, then (i) the foregoing procedures shall apply to the new exceptions
disclosed by the supplemental report, except that the above-referenced 20-clay and 5-day periods
shall be reduced to five (5) days and two (2) days, respectively, and (ii) if necessary, the Close of
Escrow shall be extended to the extent necessary to accommodate the foregoing procedures.
Seller agrees to pay and discharge upon Close of Escrow all deeds of trust,
mortgages, mechanics' liens, judgments and attachment liens and other encumbrances securing
an obligation to pay money which exist as of the date hereof or are created or suffered by Seller
•(other than non-delinquent taxes, special assessments, and other fees and assessments which are
to be prorated as provided herein, and liens and encumbrances created or suffered by Buyer).
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7. Title Policy. Title shall be evidenced by the willingness of the Title Company to
issue its standard coverage CLTA Owner's Form Policy of Title Insurance ("Title Policy") in the
amount of the Purchase Price showing title to the Property vested in Buyer. Buyer may elect to
request that Title Company issue an extended coverage title policy provided the issuance thereof
does not delay the Close of Escrow. •
8. Conditions to Close of Escrow.
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(a) Conditions to Buyer's Obligations. Buyer's obligation to consummate the
transaction contemplated by this Agreement is subject to the satisfaction of the following
conditions for Buyer's benefit on or prior to the dates designated below for the•satisfaction of
such conditions (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of
such conditions by written waiver):
(i) Seller's Obligations. As of the Close of Escrow, Seller shall have
performed all of the obligations required to be performed by Seller under this Agreement.
(ii) Seller's Representations. - All representations and warranties made
by Seller to Buyer in this Agreement shall be true and correct as of the Closing Date. •
(iii) CEQA and Phase I. As of the Close of Escrow,.Buyer shall have
found the purchase categorically exempt from CEQA or issued a negative declaration, and shall
have approved the Phase I contamination study and any supplemental analyses.
(iv) Appropriation of Funds. As of the Close of Escrow, the Poway
City Council/Redevelopment Agency shall have appropriated the funds necessary to fund
purchase of the Property and all associated costs.
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,(v) Reimbursement of Moving Expenses., As of Close of Escrow,
Buyer and Seller sl111ll.have.exesutel:iand deposited'mih,escro:.v a mutually acceptable agreement
for Reimbursement 'of Moving Expenses for the payment of'moving expenses for Seller.
(b) Conditions to Seller's Obligations, Forthe benefit of Seller, the Close of
Escrow shall be, conditioned upon ,the occurrence and/or satisfaction of each of the following
conditions (or Seiler's waiver thereof, it being agreed that SeIler"may waive any or all of such
conditions by written waiver):
(i) Buyer's, Obligations, Buyer shall have timely performed all. of the
obligations required by the terms ofthis Agreement to be perfoimedby Buyer,
(ii) Buyer:s Representations, All >tepresentationsand warranties made
by Buyer to Seller in this Agn:etneht shall be true and correct as of the Close of Escrow;
9 Deposits by Seller, At least one (1) day prio"i'to the Close of Escrow"Sellershall
deposit or cause to be deposited with Escrow Holder the folloWinir documents and instruments:
(a) Grant Deed, The Grant Deed in ,the form attached as Exhibit B conveying
the Property to Buyer duly executed by Seller, acknowleaged and in recordable form,
(b) Seller's Certificate - Federal. A federal. certificate of non-foreign ,status
7 ("Federal Certificate"),duly executed by Seller, in the foim.normallyused by the Escrow Holder,
(c) Seller:s'Certificate - State. A Califotnia Franchise Tax Board Form 597-
W, duly executed by Seller ("State Certificate").
10 Deposits by Buyer, At least one (I) day prior,to the Close of-Escrow, Buyer shall
deposit or cause to be deposited ,with Escrow Holder
(a) Purchase Price, In cash or cash equivalent the balance of the Purchase
Price, plus Escrow Holder's i.estimate of Buyer's closing costs and proration charges payable
pursuant to this Agreement.
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(b) Natural Hazards. The signed Natural Hazards,Disclosure Statement..
11 Costs and Expenses. The cost and, expense of the clll'i"ent preliminary title report
shall be Qaid..Qy_~.eU~r Th..,z COS~.!ll<l...#xpfmseofthe TitlePolif,y"shallbejJaidgyJ';,eIler, ,tmless
Buyer elects to obtain any endorsements oiextended coverage, in which event the premiUm and
any additional cost for endorsements or extended coverage in excess of the premium for standard
coverage as well as the cost of-any survey necessary f9rthe issmlllce of such policy shall be paid
by Buyer, Seller shall pay all documentary transfer taxes' payable in connection with the
recQrdation of the Grant Deed, Buyer shall pay the Escrow Holder:s customary charges to buyers
and sellers foidocument drafting, recording artd miscellaneous charges, If, as a result of no 'fault
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of Buyer or Seller, Escrow fails to close, Buyer and Seller shall share equally all of Escrow
Holder's and Title Company's fees and charges.
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12. Prorations. Real and personal property taxes, special assessments, and any
owners' association and landscape maintenance district assessments on the Property (as
appropriate) ("Taxes") shall be prorated on the basis that Seller is responsible for (i) all Taxes for
the fiscal year of the applicable taxing authorities occurring prior to the "Current Tax Period", •
and (ii) that portion of Taxes for the Current Tax Period determined on the basis of the number of
days which have elapsed from the first day of the Current Tax Period to the Close of Escrow,
inclusive, whether or not the same shall be payable prior to the Close of Escrow. The phrase
"Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the
Close of Escrow occurs. In the event that as of the Close of Escrow the actual Tax bills for the
year or years in question are not available and the amount of Taxes to be prorated as aforesaid
cannot be ascertained, then rates and assessed valuation of the previous year, with known
changes, shall be used, and when the actual amount of Taxes for the year or years in question
shall be determinable, then Taxes will be re-prorated between the parties to reflect the actual
amount of Taxes, provided that a party makes written demand on the one from whom it is
entitled to such adjustment within one (1) year after the Close of Escrow. Any corrected
adjustment or proration shall be paid in cash to the party entitled thereto. If Seller has prepaid all
taxes for the Current Tax Period, then it shall be Seller's responsibility to apply to the County of •
San Diego for a partial refund: '"
Seller agrees to pay all taxes and assessments with respect to the Property which
are 'allocable to the period before the Close of Escrow and to indemnify, defend and hold
harmless Buyer from all loss, liability and expense arising from Seller's failure to pay such taxes
and assessments.
All rents shall be prorated as of Close of Escrow on the basis of a thirty (30) day
month and three hundred sixty-five (365) day year.
13. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow,
the Escrow Holder shall promptly undertake all of the following in the manner indicated:
(a) Prorations. Prorate all matters referenced above based upon the statement
delivered into Escrow signed by the parties.
(b) Recording. Cause the Grant Deed in the form of Exhibit B attached
hereto, and any other documents which the parties hereto may mutually direct, to be recorded in
the Official Records of San Diego County, California.
(c) Funds. Disburse from funds deposited by Buyer with Escrow Holder
towards payment of all items chargeable to the account of Buyer pursuant hereto in payment of
such costs, including, without limitation, the payment of the Purchase Price to Seller, and
disburse the balance of such funds, if any, to Buyer.
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(d) Documents to Buyer, Deliver the Federal 'Certificate and the State
Certificate to,Buyer.
(e) Title Policy, DirecUhe Title Company to issue the Title Policy to Buyer
14 Seller's Representations . and Warranties,
(a) Seller warrants. and .represents, that,it is the fee simple owner. of the
Property; 'there are no contracts for sale or options involving the Property; ,no other party has,any
right, title or intereshn the,Property; and there are no oral or 'written leases affecting orrelating
to the Property Between the. date. Seller executes this' Agreement and Close .of Escrow, Seller
shall notsubj'ed the Property ;to or consent to any leases, liens, encumbrances, covenants,
conditions, restrictions, easements, rights of way, or agreements, or take any other action
affecting or'modifying the status of title or take any other action other affecting: the Property
without the written consent of the Buyer. Seller agrees'to reimburse, indemnify, defend, and
hold harmless Buyer from any claims, losses, or damages which may result from any claim or
assertion. by any person who claims to be. a tenant on the Property and requires relocation. Any
such claims made prior to' Close of Escrow shall be treated as a lien and paid via proceeds of
escrow prior to the Closing Date.
(b) BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT AS SET
FORTH HEREIN SELLER HAS, MADE ABSOLUTELY NO REPRESENTATIONS OR
WARRANTIES REGARDING THE PROPERTY, INCLUDING, WITHOUT LIMITATION,
, ... . .. ..-. .'
ITS CONDITION, ITSPAS:r USE, OR ITS SUITABILITY FOR BUYER'S INTENDED USE,
AND THAT BUYER IS PURCHASING THE PROPERTY ON AN "AS-IS" BASIS.
Notwithstanding the foregoing, Seller makes the following representations to Buyer' Seller has
the legal right, power and authority to enter into this Agreement and to consummate the
transactions contemplated hereby; the execution, delivery and performance of this Agreement
have been duly authorized :and 110 other action by Seller is requisite, to the valid and binding
execution, deliyery andpetrmance of this Agreement; Sel~! has no actual knowledge of any
Hazardous Materillls, on or ' d,flrthe Property or any Ui1de,rgrolJIld tanks on the Property or of
any claims,easements,)eases.orother liens or encumbrances affecting the Property which are not
disclosed by the public records.
15 Buyer~s. Covenants" RepresentatioIls and, Warranties. Inconsideration of Seller
entering into this Agreement and as an inducement to Seiler to selithe Property t6 Buyer, Buyer
. '
makes the following covenants, representatioIls:and warranties,
(a) Authority, Buyer has .the legalright"power and authority to enter into this
Agreement and to corsummatethe transactions contemplated hereby, and the execution, ,delivery
and performance of this Agreement have been duly authbrized,and no other action by Buyer is
requisite to the valid and binding execution, deliveiy and performance of this Agreement, except
as otherWise expressly set forth herein,
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(b) Lease-back and Removal of Fixtures/Improvements. Seller shall vacate
the Property no later than fourteen (14) days after Close of Escrow unless Seller chooses to
exercise the option to continue to occupy the Property for a period not to exceed sixty (60) days
after Close of Escrow, subject to a month-to-month lease agreement. Rent shall be fair rental
value, paid monthly in advance on the first day of the calendar month. Seller shall pay all
utilities, shall maintain the property in neat, clean and orderly condition, and deliver possession
of the property to Buyer at or prior to the termination date of the tenancy. Seller must exercise
this option in writing delivered to Buyer at least one day prior to close of escrow. Buyer will
prepare a rental agreement within ten (10) days of receiving notice of exercise of the option. If
the rental agreement is not signed by Seller within ten (10) days of its receipt, the tenancy shall
terminate and possession shall be delivered to Buyer. Seller also represents that it desires to
remove certain fixtures and improvements from the Property. Improvements and fixtures may be
removed by Seller at no expense to Buyer on or before Close of Escrow or termination of any
subsequent lease as set•forth above, whichever date is later. Said removal shall be accomplished
without waste or damage to the Property and shall not render the Property unsafe or result in the
inability to secure the Property from trespassers.
(c) Physical Condition. Buyer shall inspect the Property to-the extent Buyer
deems necessary or desirable. Buyer's closing of Escrow shall constitute Buyer's representation
to Seller that Buyer is satisfied in all respects with'the Property, including, without limitation,
• size, the physical condition and condition of any and all improvements.
(d) "AS-IS" Nature Of Sale. Buyer acknowledges and agrees that except as
set forth herein, Seller has not made, does notmake and specifically negates and disclaims any
representations, warranties, or guarantees of any kind or character whatsoever, whether express
or implied, oral or written, past, present or future, of, as to, concerning Sr with respect to (a) the
value, nature, quality of condition of the Property, including, without limitation, the water, soil
and geology; (b) the income to be derived from the Property; (c) the suitability of the Property
for any and all activities and uses which Buyer may conduct thereon; (d) the compliance of or by
the Property or its operation with any laws, rules, ordinances or regulations of any applicable
governmental authority or body; (e) the habitability, merchantability, marketability, profitability
or fitness for a particular purpose of the Property; (I) the manner or quality of the construction or
materials, if any, incorporated into the Property; (g) the manner, quality, state of repair or lack of
repair of the Property; or (h) any other matter with respect to the Property, and specifically
(except as set forth herein) that Seller has not made, does not make, and specifically disclaims
any representations regarding compliance with any environmental protection, pollution or land
use laws, rules, regulations, orders or requirements, including solid waste, as defined by the U.S.
Environmental Protection Agency regulations at 40 C.F.R., Part 261, or the disposal or existence,
in or on the Property, of any hazardous substance, as defined by the Comprehensive
Environmental Response Compensation And Liability Act of 1980, as amended, and regulations
promulgated thereunder. (The substances, wastes and materials which are regulated by the
foregoing laws or any other state and/or federal laws are herein referred to as "Hazardous
Materials.") Buyer further acknowledges and agrees that any information provided or to be
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pr.ovided by (j[ .oJ} behalf of Seller ~ith respect'to the PropertY was obtained from a variety of
sources and that Seller has .not made any independentinvestig}ltion or verification of such
infonnation, ,and makes no representations as to tlie' accuracy, or' completeness of such
information. Sellet is not liabl6 or o6U1id in any- manner: .by any oral or Written statements,
representations or, inforniatioli. p'eftmiiing to tlie Property, or, the operation thereof, furnished by
any real'estatebroker, agent, employee, 'setYant or other person, Buyer further acknowledges and
agrees that the sale of the Property, as Provided for herein is' made on an "AS"IS" condition and
basis with alL faults.
(e) Buyer aiid anyone claiming by, through or 'under Buyer hereby-fully and
irrevocablY' reieases Seller; its partners, employees, . officers, directors, shareholders,
representatives,ageiits, successors. and assigns, from any- and ,all claims that it nlaY now'have or
'hereafter acquire against such;persons and entities for aiiy cost; loss,Jiability, damage,. expense,
demand, action or cause of ,action iuisirig from or related ,to any cons,tructiond(lfects, errors,
omissions or other conditions, Including, but not limited to; Hazardous Materials and
environmeritai matters; affecting' the Property, or any portion thereof. This release includes
claims ofwlllch'Buyer'is,presentIyUliaware orwhich Buyer do'es not presently suspect to exist in
its favor, which, if knoWn by Buyer, would materially affect BuYer's .release of Seller. Buyer
specifically waives the"provlsicih of-California Civil Code,gI542, which provides as follows:
"A general reiease does not extend to claims which
the cieditor'does not know QI,'suspect to.exist,iIihis
favor at the time of executing the release, whiCh if
known by him must have materially ,affected his
,settlement With the debtor."
(f) ., The representations and warranties of Buyer and Seller ,set forth in this
Agreement shall'be true oil , and as.6fthe,Close of Escrow 'and shall.survive the closing.
[Intentionally blank]
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16. . Seller's Remedies.
THE PARTIES AGREE THAT IT WOULD BE EXTREMELY
IMPRACTICABLE AND DIFFICULT TO DETERMINE THE DAMAGES WHICH SELLER
WOULD SUFFER IN THE EVENT BUYER FAILS TO COMPLY WITH THE TERMS OF
THIS AGREEMENT. ACCORDINGLY, IF ESCROW FAILS TO CLOSE DUE TO BUYER'S
BREACH OR DEFAULT, THEN SELLER SHALL BE RELEASED FROM ANY FURTHER
OBLIGATIONS HEREUNDER AND THE PARTIES AGREE THAT BUYER SHALL PAY
TO SELLER AS LIQUIDATED DAMAGES THE SUM OF $5,000. THE PARTIES
ACKNOWLEDGE THAT THEY HAVE NEGOTIATED IN GOOD FAITH REGARDING
THE AMOUNT OF LIQUIDATED DAMAGES AND THAT THE SUMS SET FORTH
HEREIN ARE REASONABLE UNDER ALL THE CIRCUMSTANCES. SUCH
LIQUIDATED DAMAGES SHALL ONLY LIMIT SELLER'S DAMAGES FROM BUYER'S
FAILURE TO COMPLETE THIS TRANSACTION; THEY SHALL NOT LIMIT BUYERS
OBLIGATIONS (OR SELLER'S DAMAGES FROM BUYER'S BREACH OF THE
OBLIGATIONS) OF INDEMNITY, HOLD HARMLESS AND DEFENSE PROVIDED IN
THIS AGREEMENT, NOR LIMIT SELLER'S ATTORNEYS' FEES AND COSTS OF SUIT IF
NECESSARY TO RECOVER OR RETAIN THE LIQUIDATED DAMAGES OR TO
ENFORCE BUYER'S OBLIGATIONS OF INDEMNITY, HOLD HARMLESS AND
DEFENSE PROVIDED IN THIS AGREEMENT. CONDITIONED ON BUYER'S
COMPLIANCE WITH THIS PARAGRAPH, SELLER WAIVES ANY RIGHT TO
SPECIFICALLY ENFORCE AGREEMENT.
raS
BuyMi nitials Sel • s Int ials
1 7. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of
any casualty to the Property or any condemnation proceeding commenced prior to the Close of
Escrow of which Seller obtains actual knowledge. If any such damage or proceeding relates to or
may result in the loss of any material portion of the Property, Buyer may, at its option, elect
either to: (i) terminate this Agreement, in which event neither party shall have any further rights
or obligations hereunder and Buyer's Initial Deposit, Second Deposit (if made), and any
extension fee(s) shall be refunded to Buyer, or (ii) continue this Agreement in effect, in which
event upon the Close of Escrow, Buyer shall be entitled to any compensation, awards, or other
payments or relief resulting from such casualty or condemnation proceeding.
18. Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, delivered by reputable overnight carrier,
sent by certified mail, postage prepaid, return receipt requested, or sent by telecopy, and shall be
deemed received upon the earlier of(i) if personally delivered or delivered by overnight courier,
the date of delivery to the address of the-person to receive such notice, (ii) if mailed, two (2)
business days after the date of posting by the United States post office, (iii) if given by telecopy,
when sent. Any notice, request, demand, direction or other communication sent by telecopy
must be confirmed within forty-eight (48) hours by letter mailed or delivered in accordance with
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thefotegoing.
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To,Buyer: Poway RedeveloP1!!~ntAgellcy
13325 Civic. Center,Drjve
Poway, CA. 920~4~5755
Attn: Tina M. White, Revenue & Business Activity Mgr.
with a copy to: Stephen M. Eckis, Esq,
McDougal Love EckisSmith & Boehmer
460 North Magnoliaf,Drawer 1466
E1 Cajon, CA 92022
To Seller Roy Alcobia
, 14152 Sycamore Avenue
Poway CA 92064
To Escrow Holder Chicago Title Insurance.Company
Dana Queen, Escrow Officer
4096 BonitaRoad
Bonita CA 91902
Notice of chllnge of adj:1res~ sh,!ll be given by written I1Qtice in the manner detailed in this
Paragraph, Rejection or qther, nifus.a,1 to accept or the ip.ability,.to deliver because oLchanged
address of which, no ;notice "Yas;giveI1 sl1a11be deemed to con~titutereceipt gfthe notice, demand,
request or communication sent.
19 Brokers, Buyer@d S!lllereach represent and warrant to.the other-that there will
be no brokers' or finders' fees,:p;1yable in respe~t of' this tnlllsa.ction based upon 'any statement,
. ' . .
representation' or.a,greement made by Buyer or Seller, r(lspec!ively Any.commission shall be
paid by Seller upon CI.ose of; Escrow If any claims fQr brokers'or J1nders' fees for the
consummation of this Agreeme!lt ,arise, then Buyerher.eby agrees to indemnify, save harmless
and defend Seller !'rOlll and llgairlst ~uch claims if they sl:1aU be, based upon any statement or
representation or agreement byBuyer"and Seller hereby agrees to indemnify, save harmless and
defend Buyer if such claims shall be based upon ariy statement, representation or 'agreement
made by Seller.
20 Legal Fees, In the event any lawsuit, or arbifration proceeding is brought by a
party hereto against another-party hereunder by' reason ,of any breach of any of the covenants or
a!ly inaccuracies in any of the reJln~sentations and warranties'on the part ofthe'other party arising
out of thi,s Agreement, oJ for deClaratory relief, the prevailing party in such action,or proceeding
shall be entitJ'ed to have and recover of and from th~ other party its costs and reasonable
attorneys' fees,
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21. Assignment By Buyer. At any time Buyer is not in default hereunder, Buyer may
assign its rights under this Agreement to a third party assignee.
22. Other Fees And Assessments. Buyer understands and agrees that the Property is
or may be in the future subject to assessment by a landscape maintenance district and/or owners'
association.
23. Miscellaneous.
(a) Survival of Covenants. The covenants, representations and warranties of
both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed
and the Close of Escrow.
(b) Required Actions of Buyer and Seller. Buyer and Seller agree to execute
such instruments and documents and to diligently undertake such actions as may be required in
• order to consummate the purchase and sale herein contemplated and shall use their reasonable
best efforts to accomplish the Close of Escrow in accordance with the provisions hereof.
(c) Time of Essence. Time is of the essence of each and every term,
condition, obligation and provision hereof.
•
(d) Counterparts. This Agreement (and any amendments and escrow
instructions) may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which, together, shall constitute one and the same instrument. Documents
delivered by telephonic facsimile transmission shall be valid and binding. .
(e) Captions. Any captions to, or headings of, the paragraphs or
subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a
part of this Agreement, and shall not be used for the interpretation or determination of the
validity of this Agreement or any provision hereof. This Agreement shall be interpreted in
accordance with its reasonable meaning, and not strictly for or against either party.
(0 No Obligations to Third Parties. Except as otherwise expressly provided
herein, •the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.
(g) Exhibits. The Exhibits attached hereto are hereby incorporated herein by
this reference.
(h) Amendment to this Agreement. This Agreement contains the entire
understanding of the parties regarding the subject matter and may not be modified or amended
except by an instrument in writing executed by each of the parties hereto.
(i) Waiver. The waiver or failure to enforce any provision of this Agreement
• 12
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shall not operate as a waiver of any future breach,ofany such provision or any other provision
hereof.
G) > Applicable taw This Agreement shall ,be governed by and construed in
accordance with the laws of the State of CaiifonUa.
(k) Fees ai:J.d 'Other Expenses, Except as othe.rwiseprovided herein, each.of
the parties shall pay its own fees and.expensesin connection with,this Agreement.
(1) Agreement. No agreement, repre.sent,ation, or promise made by either
party hereto, or by or to an employee,. officer, agent orrepresentative of either party, shall be of
any effect.unless it is in writing'and executed by the party to be bound thereby
(m) Successors and Assigns. SubjecJ to Paragraph 21, this Agreement shall be
binding upon and shall inure to the. benefit of the successors and assigns of the parties hereto.
(n) Confidentiality Buyer shall keep all information and reports obtained
from Seller or relating to the Property or the propo~edtransaction confidential and will not
disclose any such confidential inforination to any other person or entity without obtaining the
prior written consent of Seller.
(0) Authority Each individual who signs this Agreement on behalf of an
entity represents and warrants that he/she is authorized to do so and to bind such entity
(p) Special Tax. There are no special taxes levied against the Property
[Intentionally blank]
13
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24. Indemnification of Escrow Holder. If this Agreement or any matter relating
hereto shall become the subject of any litigation or controversy, Buyer and Seller agree,jointly
and severally, to hold Escrow Holder free and harmless from any loss or expense, including
attorneys' fees, that may be suffered by it by reason thereof except for losses or expenses as may
arise from Escrow Holder's negligent or willful misconduct. If conflicting demands are made or
notices served upon Escrow Holder with respect to this Agreement, the parties expressly agree
that Escrow Holder shall be entitled to file a suit in interpleader and obtain an order from the
court requiring the parties to interplead and litigate their several claims and rights among
themselves. Upon the filing of the action in interpleader, Escrow Holder shall be fully released
and discharged from any obligations imposed upon it by this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this• Agreement at
San Diego County, California as of the day and year first-above written.
"BUYER" "SELLER"
POWAY REDEVELOPMENT AGENCY, ROY ALCOBIA
• a public body, corporate and politic
By: _a111 b-d1/4 a; 1 .i./ By;
oTit
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nes C. owersox, Executive Director
Date: 91110)02_ Date: / ' / 6-- - O
ATTEST:
avv. r 422T-42.--
Agency Secretary
APPROVED AS TO LEGALITY AND FORM: •
•
By: td / . //Imo._
Ste. . Eckis, Agency General Counsel
14
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CERTIFICATE OF ACCEPTANCE
I, Lori'Anne Peopl~s, ?~ SeCi'etary and agent forPoway Redevelopment Agency
make the,fqllowing certification, on its behalf'
This is to certify that the interest in real property conveyed by the Grant Deed
dated from Roy Alcobi~, Grantor, to the Poway
Redevelopment Agency, Grantee, a political corporation and/or governmental agency,
is' hereby accepted by the undersigned officer or agent on behalf of the Board of
Directors pursuant to authority conferred by Resolution No R-87-18 adopted on July 21,
1987 ,and the ,grantee consE'lnts to recordation thereof by its duly authorized officer or
agent.
Dated POWAY REDEVELOPMENT AGENCY
N:\city\share\certificale of acceplance:alcobia.doc
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CALIFORNIA LAND TITLE ASSOCIATION
. STANDARD COVERAGE POLICY 1990
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" CHICAGO TITLE INSURANCE COMPANY I~
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE >'
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown "I
I
in Schedule 1\., against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or ,
incurred by the insured by reason of'
I Title to the estate or interest described in Schedule A being vested other than as stated therein: .,-
2. Any defect in or Hen or encumbrance on the title; r.I-
3 Unmarketability of the title; ~
4 Lack of a right of access to and from the land;
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and in addition, as to an insured lender only'
5 The invalidity nr unenforceability of the lien of the insured mortgage upon the title:
n. The priority of any lien or encumbrance oYer the lien of the insured mortgage, said mortgage being
shown in Schedule 8 in the order of its priority;
7 The invalidity or unenforceability of any assignment of the insured mortgage, provided the,assignment
is shown in Schedule 8, or the failure of the assignment shown in Schedule B to vest title to the insured
Of; mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. ~,
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i In Witness Whereoj, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
"
of Date of Policy shown in Schedule A, the policy to hecome valid when countersigned by an authorized signatory. ~
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Issued by: ,~,
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CHICAGO TITLE COMPANY CHICAGO TITLE INSURANCE COMPANY 'I
925 "B" Street
~ San Diego, CA 92101 9
(619) 239.6081 .J',(. _
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California Land Title Association . . Owner's Policy
Your Ref SCHEDULE A
28071135-N40
Amount of Insurance: $300,000 00 Policy No, 23072037 U52
Date of Policy: OCtober 21, 2002 at 4: 42 PM Premium: $956 00
1. Name of Insured:
THE CITY OF POWAY
2. The estate or interest in the land which. is covered hy this policy is;
A FEE
3. Title to the estate or interest in the land is vested in:
THE CITY OF POWAY
4, The land referred to in this policy is described as follows:
LOTS 43 &. 44 IN BLOCK 8 OR ~IERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, ,]31, FILED IN THE OFFICE OF THE
COUNTY RECORDER. OF SAN DIEGO COUNTY, MAY 27, 1887. TOGETHER WITH THE EAST HALF OF
THE ALLEY ADJOINING SAID LOTS ON THE WEST, AS' CLOSED & VACATED TO PUBLIC USE AUGUST
6, 1901 BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO.
(APN: '314c201c29~00)
This Policy valid'only ifScheduJeBis attached,
CLTAOA88--10j13/95AA CHICAGO TITLE INSURANCE COMPANY
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California Land Title Association . . Owner'S'f'olicy
Your Ref SCHEDULEB
28071135-N40 Policy No, 23072037 U52,
EXCEPTIQNSFROM 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:
PART I
1. Taxes or assessmenlswhich 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,
whetheror 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 oflhe land or which may, be asserted by persons in possession thereof.
3, Easements,liens'or encumbrances, or claims thereof, which are not showi1~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 ()r exceptions inpat,ents or in Acts authorizing the'issu,ance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (e) are
shown by the public records,
PART II
c 1. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS THEREIN
EXECUTED BY F HERBERT WINTER
IN FAVOR OF DIRECTOR OF PUBLIC HEALTH OF THE COUNTY OF SAN DIEGO
RECORDED :, JANUARY 8, 1960 AS .FILE NO 60-4754 OF OFFICIAL RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS
D 2 A DOCUMENT ENTiTLED "ROAD MAINTENANCE AGREEMI!:ET" , DATED AUGUST 31, 1968
EXECUTED BY JOHN S PORTER, ET AL, SUBJEC~, TO ,ALL THE TERMS, PROVISIONS AND
CONDITIONS THEREIN CONTAINED, RECORDED OCTpBER 15, 1968 AS FILE NO 68-180429
OF OFFICIAL RECORDS
E 3 A DOCUMENT ENTITLED "ROAD MAINTENANCE AGREEMENT", EXECUTED BY JOHN S. PORTER,
ET AL, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED,
RECORDED AUGUST 1, 1969 AS FILE NO, 69-i40488 OF OFFICIAL RECORDS
G END OF SCHEDULE B
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ClTAOB88 10jt3j95AA CHICAGO TITLE INSURANCE COMPANY
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