Grant Deed 2002-0653039
.~
...-..' ',KECORDING REQl:fESTED~ DOG "2002-065:303'9
'>~"~C.H-ltAGO TITLE COMP . ~OO7~~3;
~ . A,'<D v,i}ffil'l REC0RDED MAIL TO
~oway Redevelopment Agency I AUG 02. 2002 12:41- P,M,
Tina: .white' OfFICIAl. REClRDS
'133'25 Civic Center Drive
Pow~y, c:A 92..064'"'574,4 ,SAN DIEGO COUNTV:RECORDER'S OFfICE
GREGORV J.,.SilITH, COUNTVRECORDER
fEES: .0:00
L , - Iln ~ l_~~I~UI~~~m~ n Illj IE: DC
rr: Es.s:roW'No . H?n~"} -,~iO', " '2002'0653039' ;
, ' Order. No 23071543 - U52 ,SPACE ABOve ,THIS UNE-FQFl AECOAOER'S ~SE
11 GRANT DEED Assessor's ,..reel No,
,. .. " 314-214'-20&37'
THE UNDERSIGNED GRANI'OR(S) DECLARE(S); " '
, ,',' y;' -," "DOCUMEi''TARY,rRANSFERl'AXIS $1.., Be u..r<e.. ':rI'~S~C ~'i>~'h/'c. ~J1117"
, . 0 unin~iporated area D <;:itj pC
~ ' ,[K] cO"1puted on thefull value of the interest or property con~yed, or is
o 'CClm'putedon,the full value lesS thevahie'of liens or,encumbrances' remaining at time of sale, and
~''"'_- ~,~ :' u_~.r "-'of, -,- c"'-- ~ ....-..'~. -." '-, _' ~"..' '".,,"" _.,___ ._
. FOR A VAEl:fABLE CONSIDERATI0N,rece~ ofwhichjs h~rebpcknowle~d,
c' 'SE,E GRANTOR EXHIBIT ATTAc:HED ;HE_ ,TO AND MADE " ,PART H EOF BY REFERENCE
.
hereby GRANT(S) to
poway 'Redevelopment Agency
,-
tlie: f6Hoviing.!iescribed,!eal.prope"!Ji m. the' , .. .',
CO!ffityof SAN ,DIEGO . , State of California:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART ,HEREOF BY 'REFERENCE
..-
"
Dated July 1, 2002 ~)f~
STATE OF C.I\L,-FO"RtV IA
COUNTY OF SAn D\e~o ~. . ',"i ,,',
} George'H,Wllson
',On :Sul,1.l 101 .:lOO ~ ,before me,
8rle,,'''te; C. Worre-II &~/,~ tv~
~ a Notif~- Public'in-and:foi,,#idCOunryand'State, .. isonall}/~pp~a(ed
~ e..ll,. W, 0 Gerald'~ean ilson
Goero..~ :rea"';''''l On
'fJ9,fSiFlaI17 liRa.." l......lle (or"praved: tome on,,,the baS'is ot.satisfactory 'SHERRIE Ii WORRELL '
e",id~n~e} ,to be the, person"wh'o,~~' nC!~~;i~l@subsc.(i~~d t? t~e' "~ Commi88!0I1,i223il93 z
within instrul"!1,ent'and'acknowle~ged,to:lJ1eithat h~,,~x~cute~ i' ,Noiary,PUbIlC -!c;a1lf<lf!lia ~
'same in"his.,4tef~uthorized\.capaCi~ and,that ~y hi!tfhe'r ., i ',SariD.Ieg" COunty '1
~jg.ri,at':l.reJg'on,t.~e)n~~r~rDentt,he.:pe!.~_~~~~ ' I -~~'J~~:~n,~_i_ty?qpo~ b.~h~l! ~f
which the peTSon~acted;'executed the instrument. : ,MyCOmm.Expi.....;lun30,~
___ __ _ :;._"40-....... ._ _ - - -- ~ '.
WITr'-lESS myhan9 afld:officialseal.
~LlAllQo~ 3u.n-e 30, :;>'00 ?
Signature of, Notary Oa~.e'My COmmission'Expires FOR NOTARY s~ O~. STAMP:
MAIL TAX STATEMENTS TO PART.Y SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN; MAIL AS ;DIRECTED .ABOVE
,
Name Street Addre-s$ City,State&:Zip
Gl?l: :c-05f30/97bk ,',
--
-q
'.
. . .
,,007824
,
, Page ,1 .. ..
:Escrow'tlO, 23071543 -N40
GRANTOR EXH:tB:tT
GEORG~ 'R. WILSON"AND GERALD ~, WILSON, HUSBAND AND WIFE, i\.S JOINT TENANTS; AS TO
PARCELS 1, AND,2
Ji'
GEORGE #', WILSON AND GER.A'LD JEAN WILSON, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO
. . ,-
PARCEL 3.
, - . .' , ,-", ,,~ ' . ~-- C.'~_~' .~, t,
I
.9E~DGRTR-08/oaJ94blc ,"'
'. ,
. EXHIBIT A .
..,. -
<<)07825
.PARCEL 1: (314-214-20)
'LOTS 10 THROUGH 13 INCLUSIVE IN '13.LOc:K 15 OF PIERMONT" ]:]:i, ,THj;; CITY OF POWAY,
COtiNTY OF ,SAN DIEGO, STATE OF ,CALIFORNIA,ACCQRDING TO:~ 'T~EREOF'NO. 331,
FILED IN 'THE OFFICE OF THE, COUNTY RECORDER OF :SAN DIEGO COUNTY" MAX 27, 1887
ALSO ,THAT PORTION, OF THEEA~TE.RLY !lJI,L:F OF YORK AVENuE, VAcATED AND CLOSED TO
PUBLIC USE, ADJOINING SAID LOTS'ON THE WEST 'AND THAT PO!'TION OF 'rHE WESTERLY
HALF OF THE ALLEY, VACATED AND CLOSED TO' PUBLIC USE, ADJOINING SAID LOTS ON
THE EAST..
PARCEL 2:
AN EASEMENT FOR ROAD M,ID UTILITY PURPOSES, INGRESS AND EGRESS, OVER, UNDER,
ALONG AND ,ACROSS' THE WESTERLY~F OF ~HATCERTAIN STREET, VACATED AND CLOSED
TO PUBLIC USE, KNOWN AS YORK.AVENUE IN BLOCK 7 AND BLOCK 14 OF MAP 331, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF 'SAN DIE.GO COUNTY, CALIFORNIA', ON MAY
27, 1887, ,AND IN ,BLOCK 7 AND' BLOCK 14 OF MAP 785, FILEP IN THE OFFICE OF THE
COUNTY'RECORDER OF SAN DIEGO 'COUNTY, CALIFORNIA. ON AUGUST 4, 1894, LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHERLY ,LINE OF THE NORTHERLY 10 00 .FEET OF LOT 10 IN SAID
BLOCK ,14 OF SAID MAP 331; THENCE NORTHERLY TO THEiSOUTHERLY LINE OF THAT
CERTAIN PUBLIC STREET KNqWN'AS AUBREY STREET AS SHOWN ON SAID MAPS 331 AND
785,
PARCEL 3: (314-214-36 &.37)
THOSE PORTIONS OF, LOTS 10 THROUGH 17 INCLUSIVE, IN BLOCK 14 OF, .PIERMO,!'IT,i' IN
THE' :CITY OF' 'POWAY, COUNTY 'OF SAN DIEGO, 'STATE OF' cALIFORNIA:, ACCORDING TO MAP
THEREOF NO. 785, FILED IN THE OFFICE OF THE COuNTY RECORDER, OF SAN DIEGO
COUNTY, AUGUST 4, 1894~ TOGETHER, WITH THAT PORTION OF THE EAST HALF OF IRVING
AVENpE, NOW VACATED, wHICH ,ADJOINS SAID LOTS ON .THE WEST AND THAT PORTION OF
THE WEST HALF OF YORK AVENUE, NOW VACATED, wHICH ADJOINS SAID LOTS ON THEEA~T
DESCRIBED AS' FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTHAtF'OF SAID IRVING
AVENuE DISTANT NORTH 890,30"49" WEST 30 FEET FROMT!!E SOUTHWEST CORNER OF SAID
LOT 17 OF PIERMONT AND, ALONG THE, WESTERLY PROLONGATION OF THE ,SOurHERLY LINE
OF SAID LOT 17;
THENCE NORTH 00007'10" EAST 190 89 FEET ALONG SAID WESTERLY LINE OF THE EAST
HALF OF IRVING AVENUE TO A POINT ON THE'WESTERLY'PROLONGATION OF THE NORTHERLY
LINE OF THE' SOUTHERLY "15.00 FEET OF SAID LOT ,10,;
THENCE SOUTH 89045'42" ,ElI,ST ALONG SAID PROLONGATION AND NORTHERLY LINE ,200 49
FEET TO A POINT ON THE EASTERLY LINE OF THE .WEST ,HALF OF SAID YORK AVENUE;
THENCE SOUT!! 00009' 07" WEST ALONG SAID EASTERLY LINE 38.00 FEET;
THENCE DEPARTING SAID EASTERLY LINE AND CONTINUING ALONG,'TIlEFOLLOWING'
COURSES; THENCE SOUTH 88033'26" WEST 23,99 FEET:
THENCE SOUTH 56023'49" WEST 11.97 FEET:
THENCE SOUTH 3,8048'17" WEST 39.94 FEET;
..,. . 007826 .
THENC,E :SOUTH 2.9022'05" WEST 99.4:'4 FEET;
THENCE' 'So.UTH 01049' 16" WEST 27..84' FEET .TO A POINT o.N ,THESOUTHERLYLIIffi OF THE
AFORESATD LOT'L7', SAID Po.INTBEING'f,ORTH"89030'49" WEST lO,8! 22 .1'E:.ET FRo.M THE
EASTE~LYLJ:NE6FTHE 'wEST HALF', ,OF SAID YORK AVENUE ; THENCE 'NORTH ,890,3 0 '49"
WEST 92',16 F:EETAL!J/IG SAID SOUTHERLY LINEdF' LOT 1:7 AND, THE 'WESTERLY
PROLONGATIO!'I :TH~REOF TO. THE ~Po.I~ OF BEGINNING, SAID ,PARCEL CONTAINS 0 61
ACRES (:26,449 's F,)
"
.,
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-, ~ ,.'.;, ',..
" 007827
"
t..:
CERTIFICATE OF AC€EPTANCE ' -, -
- .'. -. . "- -.,-- .".. -".. ~ -,- ~~, . -.
I, LoriAnnePeoples, as Secretary and agent for PO\il{ay. Redevelopmen(Agency
l'Dake,tlie,J6lioVliing certification on its.behalf'
This is to cerrify thanhe dnterest in real property conveyed by the Grant Deed
dated 7/1/0 '7 from George H. Wilson and Gerald Jean Wilson,
,I ,
Grantor, to the Poway Redevel~pmentAgencY, Grantee, a political corporation and/or
governmental agency, is hereby acceptep by the ungersjgned officer or agent on behalf
of the Boai'd of Directors pursuant to authority conferred by Resolution No. Re8? -18
adopted on July 21, Hl87, and ih'e ,grantee consents to recordation thereoft>y,its dl,lJy
authorized officer or agent.
Dated 7/; JOe POWAY REDEVELOPMENT AGENCY
,. /
Seal:
N: lcitylsharelcertificate! of acceRtance-wilson. doc
_~4::.r.""1~'.1.~ '0
CHICAGO ~'~~;::::~'. ir.t_"IjiF.i.UII_ ..a'.lIa!i'I~""
~~ ii619 267 9249 ,07(09102_4 45 (Y, 02/02 NO' 028
AMENDMENT TO ,"SCROW INSTRUCTIONS
TO: CHICAGO TITLE COMPANV.,U"enoed by the CaIHomla Oepanment oIlnourence
,4098 BONITA RoAO; BONITA, CA,91002
'(619)267~9300 Feic (619)2iii-9249
EllCrow No. 23071543' N40 EscroW Officer ~a,!~_ Queen Dale July 9. 2002
Property: 1403BYorkAvenue; CA
1. Your, original B'BCTOW Irl,~tructlons and any 8m9ndin~nts. and/or supplementt thereto. IU'9 hereby, 8~ended a~/or
2, &upplement9d 'as Get fOrth he""n: .
,.
4. All parties hereby\ack~B.dg~.,~.~8t,~ there)i any InconslmEiocy ~eor'l th~.FI~ Am&ndment io ~i.Jrch8&B
5, 'Agreamentd8tedJuIY'1 .'290l ~ ~~-eurchase~gr88menl.~Y 8~d BetWee~,_~_~g~ H. WI$OIl and Gereld J~n
8. Wl,~_on and Poway, Redevelopment Ag~~ c:1~ed June 24, 2OO2,Ihe provlelons Of thf! PurohasfJ'Agreement will
7. cOnt~;
e.
., ALL OTHER TERMS AND CONDITIONS ARE TO REMAIN THE SAME.
'0.
lI,
12,
'",
". Ga~e H:,WDson
IS. ,-
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11
I.,
I I.. Gerald Joan Wilson
, 20,
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AE!lCflOW 01/1~/'7b~ {Page 11
i
. .' .i
PURCHASE AGREEMENT
By and Between
GEORGEcH. WILSON and GERALD,JEAN WILSON
('iSeller")
and
POWAYREDEVELOPMENTAGENCY
("Buyer")
(14038 York Avenue)
•
•
TABLE OF CONTENTS
1. Purchase Price and Terms 1
2. Deposits 1
3. Buyer's Feasibility Review 1
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 6
12. Prorations 6
13. Disbursements and Other Actions by Escrow Holder 7
14. Seller's Representations and Warranties • 7
15. Buyer's Covenants. Representations and Warranties - 9
16. Seller's Remedies 11
17. Damage or Condemnation Prior to Closing 11
18. Notices 11
19. Brokers 12
20. Legal Fees 12
21. Assignment By Buyer 13
22. - Other Fees And Assessments 13
23. Miscellaneous 13
24. Indemnification of Escrow Holder 15
EXHIBITS
EXHIBIT A - Legal Description of Property
EXHIBIT B - Grant Deed
i
~:!TYOF POWA~;'
MEMORANDUM
TO' Lori Anne Peoples, City Clerk _
FROM: Tina White, ManagemeritAnalY~
DATE. June 27. 2002
SUBJECT: Purchase Agreement -14038 York Avenue
Lori,
Attached.is,a Purchase Agreement for an acquisition initiated by Penny Riley for the
purchase of property located in' the f1oodway/flood plain. The environmental
assessmentand'!pproval ofthepurchase has been scheauledJor the Council agenda
,on July:30, The Purchase Agreement must be forwa~ded to escrow'at this time sothat
escrow will be ready to c1ose'around July 30
ltis.requestedthat you sign'the Agreement on behalfof the .GiJy Clerk, I'd be happy to
pick.itup;,once signed, since I need to forward itto,Escrow with a warrant on Monday,
, -- -.. - .
July'1,
Thanks,
Tina
®) 0.l
•
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT("Agreement") is made and entered into as of the_
day of(0. — acJ- - , 2002, and constitutes an agreement by which GEORGE H. WILSON and
GERALD JEAN WILSON, husband and wife as joint tenants ("Seller"), agree to sell to
POWAY REDEVELOPMENT AGENCY, a.public body, corporate and politic ("Buyer"), that
certain real property located at 14038 York Avenue, in the City of Poway, County of San Diego,
State of California, legally described in Exhibit A attached hereto (the "Property").
1. Purchase Price and Terms. Subject to the terms of this Agreement, Buyer agrees
to buy, and Seller agrees to sell, the Property for a total cash price payable upon Close of Escrow
• of THREE HUNDRED SIXTEEN THOUSAND FOUR HUNDRED FORTY ONE DOLLARS
($316,441.00) for all parcels of the Property.
2. Deposits.
(a) Initial Deposit. Upon signing this Agreement, Buyer has delivered to
Seller a warrant or wire payable to Escrow Holder in the amount of Five Thousand Dollars
($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. If there is no Second Deposit, "Deposits" means the Initial Deposit.
All Deposits shall be made by cash, warrant or wired funds.
3. Buyer's Feasibility Review. Buyer shall have to and including 5:00 p.m. (San
Diego time) on the Forty-fifth (45th) 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 analyses 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, obtain such environmental assessments, Phase I report,
land use and zoning studies, soils reports, appraisals, and other tests and reports as Buyer deems
necessary to fully evaluate the Property. Seller shall, within five (5) days after the opening of
Escrow, provide to Buyer copies of such reports, tests, studies and documents as Seller may have
concerning the Property (but Seller makes no warranty as to the adequacy, content or accuracy
thereof) and a Natural Hazards Disclosure Statement. Seller shall not be required to deliver to
Buyer copies of correspondence or agreements with other buyers, real estate agents or lenders or
Seller's internal records such as tax returns and intra-company agreements and correspondence or
other confidential information.
•
1
•
•
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 (11") 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
•
2
®) ® i
inconsistency between such supplemental instructions and this Agreement, this Agreement shall
control as between Buyer and Seller unless such supplemental instructions expressly state that
they supersede or modify this Agreement.
(b) Close Of Escrow. For purposes of this Agreement, the "Close of Escrow"
shall be defined as the date that the grant deed conveying the Property to Buyer is recorded in the
Official Records of San Diego County, California. Escrow shall close on or before sixty (60)
days after the Execution Date or as soon thereafter as possible (the "Closing Date").
6. Condition Of Title. It shall be a condition to the Close of Escrow that title to the
Property be conveyed to Buyer by Seller by Grant Deed 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 assessed pursuant to Chapter 3.5
commencing with section 75 of the California Revenue and Taxation Code.
•
(c) Building, building line, use or occupancy restrictions and zoning
and building laws and ordinances of the Federal, state, municipal, 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
Company") 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
Buyer's expense, cause the Title Company to deliver to Buyer and Seller the Report, together
with copies of the documents underlying any exceptions referred to in said 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 and copies of the documents referred to
in the Report, which writing shall specifically delineate the items of disapproval and the reasons
therefor, shall be conclusively deemed to be an approval thereof by Buyer. Buyer shall not
unreasonably disapprove any title exception. If Buyer timely disapproves any such exceptions,
Seller shall thereafter have the right, but not the obligation, to agree to eliminate such exceptions
as Buyer shall have so disapproved before the Closing by giving notice of Seller's agreement to
Buyer on or before five (5) days following receipt of Buyer's disapproval notice. If, within said
five (5) day period, Seller does not notify Buyer of Seller's agreement to eliminate said
disapproved exceptions, Buyer shall have the right, by a writing delivered to Seller and Escrow
Holder on or before five (5) days following the expiration of said five (5) day period, to: (i)
waive its prior disapproval, in which event said disapproved exceptions shall be deemed
•
3
• 01 •
, -
approved, or (ii) terminate this Agreement, in which event Buyer's Initial Deposit, Second , - •
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-day 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).
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.
(a) Conditions to Buyer's Obligations. Buyer's obligation to consummate the
transaction contemplated by this Agreement are 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, Phase I and Supplemental Analyses. 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 supplemental
analyses.
4
®1 • �
(iv) Replacement Housing Plan. As of the Close of Escrow, Buyer
shall have adopted. and approved a replacement housing plan pursuant to California
Redevelopment Law.
•
(v) 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.
(vi) Boundary Adjustment and Easement. As of Close of Escrow, a
boundary adjustment legalizing the Property shall have been approved and recorded, and the
easement through the residence retained by Sellers shall have been extinguished or shall be
• quitclaimed to Seller at Close of Escrow.
(vii) Relocation Agreement. As of Close of Escrow, Buyer and Seller
shall have executed and deposited.with escrow a mutually acceptable Relocation Agreement and
Release for the payment of relocation assistance for Seller's tenant(s) entitled to such assistance.
(b) Conditions to Seller's Obligations. For the benefit of Seller, the Close of
Escrow shall be conditioned upon the occurrence and/or satisfaction of each of the following
conditions (or Seller's waiver thereof, it being agreed that Seller 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 of this Agreement to be performed by Buyer.
(ii) Buyer's Representations. All representations and warranties made
by Buyer to Seller in this Agreement shall be true and correct as of the Close of Escrow.
9. Deposits by Seller. At least one (1) day prior to the Close of Escrow, Seller shall
deposit or cause to be deposited with Escrow Holder the following 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, acknowledged and in recordable form.
(b) Seller's Certificate - Federal. A federal certificate of non-foreign
status ("Federal Certificate"), duly executed by Seller, in the form normally used by the Escrow
Holder.
(c) Seller's Certificate - State. A California Franchise Tax Board Form
597-W, duly executed by Seller ("State Certificate").
10. Deposits by Buyer. At least one (1) day prior to the Close of Escrow, Buyer shall
deposit or cause to be deposited with Escrow Holder the following documents and instruments:
5
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• (a) Purchase Price. In cash or cash equivalent, the balance of the
Purchase Price, plus Escrow Holder's estimate of Buyer's closing costs and proration charges
payable pursuant to this Agreement, and the signed Natural Hazards Disclosure Statement: •
(b) Quitclaim of Easement. Unless otherwise extinguished prior to
Close of Escrow, a Quitclaim Deed, quitclaiming the Buyer's rights and interests in the easement
through the residence retained by Seller over a portion of APN 314-214-36, acknowledged and in
a recordable form.
1 I. Costs and Expenses. The cost and expense of the current preliminary title report '
shall be paid by Seller. The cost and expense of the Title Policy shall be paid by Seller, unless
Buyer elects to obtain any endorsements or extended 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 for the issuance of such policy shall be paid
by Buyer. Escrow Holder's fee shall be shared equally by Seller and Buyer. Seller shall pay all
documentary transfer taxes payable in connection with the recordation of the Grant,Deed. Buyer
and Seller shall pay, respectively, the Escrow Holder's customary charges to buyers and sellers
for document drafting, recording and miscellaneous charges. If, as a result of no fault 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.
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.
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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, the Quitclaim Deed, 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. •
(d) Documents to Buyer. Deliver the Federal Certificate and the State
Certificate to Buyer.
(e) Title Policy. Direct the Title Company to issue the Title Policy to Buyer.
14. Seller's Representations and Warranties.
•
(a) Seller warrants and represents that it is the sole fee simple owner of the
Property and has all necessary authority to sell the Property; there are no other contracts for sale
or options involving the Property; no other party has any right, title or interest in the Property
except with respect to the leases listed below.
(Seller shall list each lease, including the following information for each. If no
information is provided below, Seller represents that there are no tenants or leases
affecting the Property):
(i) Name of the tenant:
(ii)' Designation of the demised premises:
(iii) Date of the Lease and all amendments thereto:
(iv) Expiration date of the current term:
(v) Fixed rent applicable to the current term:
(vi) Security deposit held by landlord or agent:
(vii) Renewal options:
(viii) Tenant's "proportionate share" of taxes, common area operating expenses,
etc.:
•
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•
(b) Seller represents the following:
•
•
(i) MI of the tenants under the leases presently occupy their demised
premises, and no tenant has, to Seller's best knowledge, subleased or licensed its
demised premises or assigned its lease.
(ii) All, of the leases are in full force and effect, and no lease or •
renewals or other instrument in writing gives any tenant the right to renew or extend
its existing lease. No tenant is in default or breach of any term of its respective Lease.
(iii) There are no brokerages or other leasing commissions payable with
respect to any existing leases or renewals of same or increases or other changes in
space.
• (iv) No tenant has asserted any claim of which Seller has'notice which
would adversely affect the right of the landlord to collect rent from such tenant; no
notice of default or breach on the part of the landlord under any of the leases has been
received by Seller; and there is no pending or threatened litigation involving a lease of
the Property.
(v) Seller has no knowledge or notice of(1) any right of abatement or
offset against rent claimed by any tenant, or-(2) any assertion by any tenant of rights
• to improvements not made or options not disclosed in this Agreement.
(vi) There are no concessions, bonuses, free rent, rebates, or other
credits due to tenants.
(vii) At Close of Escrow, all security deposits relating to the leases shall
be paid over and assigned to Buyer. •
Seller represents and warrants that there are no leases, written or oral, nor are there any tenants
other than those listed above. 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, other than tenants listed above, 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
escrow proceeds prior to Close of Escrow.
Between the date Seller executes this Agreement and Close of Escrow, Seller shall not subject
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 otherwise affecting the Property, without the written consent of Buyer.
(c) 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, ITS PAST 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
8
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have been duly authorized and no other action by Seller is requisite to the valid and binding
execution, delivery.and performance of this Agreement; Seller has no actual knowledge of any
Hazardous Materials on or under the Property or any underground tanks on the Property or of
any claims, easements, leases or other liens or encumbrances affecting the Property which are not
disclosed by the public records.
•
15. Buyer's Covenants, Representations and Warranties. In consideration of Seller
entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer
makes the following covenants, representations and warranties:
(a) Authority. Buyer has the legal right, power and authority to enter into this
Agreement and to consummate the transactions contemplated hereby, and the execution, delivery
and performance of this Agreement have been duly authorized and no other action by Buyer is
requisite to the valid and binding execution, delivery and performance of this Agreement, except
as otherwise expressly set forth herein.
(b) Removal of Fixtures/Improvements/Leaseback Option. Seller represents
that it desires to remove certain fixtures and improvements from the Property, to which Buyer
agrees as set forth herein. Improvements and fixtures may be removed by Seller at no expense to
Buyer on or before Close of Escrow or termination of the tenancy of Seller's daughter,
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. Seller shall have the option to lease back the residence located on a portion of
the Property for use by their daughter for a period not to exceed six (6) months from Close of
Escrow, subject to a month-to-month lease agreement. Rent shall be reasonable, as mutually
agreed by Buyer and Seller, and 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 Property to Buyer at or prior to the termination date of tenancy. Seller
must exercise this option in writing delivered to Buyer prior to close of escrow.
(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 not make 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 or 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
•
9
01
• or fitness for a particular purpose of the Property; (f) 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
provided by or on behalf of Seller with respect to the Property was obtained from a variety of
sources and that Seller has not made any independent investigation or verification of such
information and makes no representations as to the accuracy or completeness of such
information. Seller is not liable or bound in any manner by any oral or written statements,
representations or information pertaining to the Property, or the operation thereof, furnished by
any real estate broker, agent, employee,•servant 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 and anyone claiming by, through.or under Buyer hereby fully and
irrevocably releases Seller, its partners, employees, officers, directors, shareholders,
representatives, agents, successors and assigns, from any and all claims that it may now have or
hereafter acquire against such persons and entities for any cost, loss, liability, damage, expense,
demand, action or cause of action arising from or related to any construction defects, errors,
omissions or other conditions, including, but not limited to, Hazardous Materials and
environmental matters, affecting the Property, or any portion thereof. This release includes
claims of which Buyer is presently unaware or which Buyer does 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 provision of California Civil Code §1542, which provides as follows:
"A general release does not extend to claims which
the creditor does not know or suspect to exist in his
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 on and as of the Close of Escrow and shall survive the closing.
•
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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 BUYERS
BREACH OR DEFAULT, THEN SELLER SHALL BE RELEASED FROM ANY FURTHER
OBLIGATIONS HEREUNDER AND THE PARIIES 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 BUYER'S
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 THE AGREEMENT.
•
t.
Buyer' Initials Seller's Initials
17. 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
•
11
the foregoing: r7
To Buyer: Poway Redevelopment Agency
13325 Civic Center Drive •
Poway, CA 92064-5755
Attention: Deborah Johnson, Redevelopment
• Services Director
with a copy to: Stephen M. Eckis, Esq.
McDougal Love Eckis Smith & Boehmer
460 North Magnolia, Drawer 1466
El Cajon, CA 92022
•
To Seller: George H. Wilson and Gerald Jean Wilson
14028 York Avenue
Poway, CA 92064
To Escrow Holder: Chicago Title Insurance Company•
Dana Queen, Escrow Officer
4096 Bonita Road
Bonita CA 91902
Notice of change of address shall be given by written notice in the manner detailed in this
Paragraph. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent.
19. Brokers. Buyer and Seller each represent and warrant to the other that there will
be no brokers' or finders' fees payable in respect of this transaction based upon any statement,
representation or agreement made by Buyer or Seller, 'respectively. Any commission shall be
paid by Seller upon Close of Escrow. If any claims for brokers' or finders' fees for the
consummation of this Agreement arise, then Buyer hereby agrees to indemnify, save harmless
and defend Seller from and against such claims if they shall be based upon any statement or
representation or agreement by Buyer, and Seller hereby agrees to indemnify, save harmless and
defend Buyer if such claims shall be based upon any statement, representation or agreement
made by Seller.
20: Legal Fees. In the event any lawsuit or arbitration proceeding is brought by a
party hereto against another party hereunder by reason of any breach of any of the covenants or
any inaccuracies in any of the representations and warranties on the part of the other party arising
out of this Agreement, or for declaratory relief, the prevailing party in such action or proceeding
shall be entitled to have and recover of and from the other party its costs and reasonable
attorneys' fees.
•
12
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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 alandscape maintenance district and/or owners'
association.
23. Miscellaneous.
(a) • Survival of Covenants. The covenants, representations and warranties of
both Buyer and Sellersetforth 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.
(f) 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.
13
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•
(i) Waiver. The waiver or failure to enforce any provision of this Agreement' '•:
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof. •
(j) Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
(k) Fees and Other Expenses. Except as otherwise provided herein, each of
the parties shall pay its own fees and expenses in connection with this Agreement.
(1) Agreement. No agreement, representation, or promise made by either
• party hereto, or by or to an employee, officer, agent or representative 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. Subject 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 proposed transaction confidential and will not
disclose any such confidential information to any other person or entity without obtaining.the
prior written consent of Seller.
•
(o) 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]
14
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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,
a public body, corporate and politic
By,'/ r\:n .S ki,`t:t'Ve By. �( !�!l/ •
Jame L. Bowersox, George H. Wilson L _ ;ter - 3-Cr10'
Exec tive Director //
By:
Gerald JeanWilson
Date: / ` Date: )4;24 .071/,
ATTEST:
Asst. Agency Secretary
APPROVED AS TO LEGALITY AND FORM:
By:
Z-7•.; �;
Step n4 Eckis, Agency General Counsel
15
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• ® •
•
ACCEPTANCE BY-ESCROW HOLDER:
Chicago Title Company hereby acknowledges that it has received a fully executed
counterpart of the foregoing Purchase Agreement and agrees to act as Escrow Holder thereunder
and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.
•
Dated: , 2002 CHICAGO TITLE COMPANY
By:
Name:
Title:
•
16
EXHIBIT A .
(Legal Description of Property)
Assessors Parcel Number:
314-214-20
• 314-214-37
Legal Description: (to be inserted)
•
EXHIBIT B •
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S.USE
DOCUMENTARY TRANSFER TAX $
Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances remaining at time of
sale
Signature of Declarant or Agent determining tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(S) to
the real property in the City of Poway, County of San Diego, State of California, described as:
[DESCRIBE]
This conveyance is made subject to easements, restrictions and other matters of record.
Dated:
By:
MAIL TAX STATEMENTS TO:
• . .
STATE OF CALIFORNIA )
) ss. •
COUNTY OF SAN DIEGO )
On , before me, the undersigned Notary Public in
and for said County and State, personally appeared
personally known to me
or
proved to me on the basis of satisfactory evidence to be •
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. .
Witness my hand and official seal.
Signature of Notary
,jj-;-~" CHICAGO TJ~l.COMPANY .
t.~ 4096B6Nrt~RoAD.B0NITA, CA :9100'2 " 0-- __
- (619)267-9300 Fax (619)267-9249
-
Escrow No: 23071543-N40 Officer: DanaJ. Queen
Date: July 1;2002 Fax Number: 619-267-9249
FIRST AMENDMENT TO
Purchase; Al!reement
THIS FIRST ,AMENPMENT ("First Amendment") is made and entered
into as of July 1, 2002, by anc! between Georg~ H. Wilson and Gerald.1. Wilson
("SeDer"). andPoway Redevelopment Agency, a: publicbpdy, corporate and politic
("Buver").
RECITALS
A. Seller and Buyer entered into alan Purchase Agreement dated Jtine 24,
2002 (the "Al!reement"), relating to that certain property and improvements thereon
commonly known' as 14038 York Avenue, Poway, CA (the!'Pro>>ertv").
B. Seller and Buyer now wish to modify certain terms and conditions of
the Agreement, and wishito reduce their understandin~.io writing.
NOW, THEREFORE the parties agree as follows:
AGREEMENTS
1. Notice of LiCensing; Al!encv. As required.by California State law, the
. '."'- ',' " -,-' ,- '-.'. . <
parties 'are herebyn6titied 'that CHICAGO TITLE, COMPANY is licet)Sed by the
California,Depaitment.oflnSili'ance.
2. AereemenLas, Escrow Instructions. 'The. parties have deposited an
executed copy ofthe'J\greement into this esCrow and hereby instruct' Escrow Holder that
the terms and provisions of the Agreement are. fully mc\>rporated herein and shall
constitute Escrow Holder's initial escrow instructions hereunder, Escrow Holder,accepts
the Agreement, subjecttothe following:
a. General. Provisions. By signature hereon the parties hereby
approve Escrow HolCler~s General Provisions, a copy 'of which is attached hereto as
Exhibit "A".
b. FaxSiiroatures. In the event Buyer or Seller 'utilize "facSimile"
transmitted signed. doctimehts, Buyer and Seller herehy agree' to accept and instruct
Escrow Holder to ,rely-:upon such documents as if they bore original signatures. Buyer
, ' . .
and Seller hereby acknowledge an9"agree to provide to Escrow Holder, within 72 hours
of transmission, such documents beariftg fue original signatures. Buyer and Seller further
acknowledge and agree that documents n.ecessary for recording with non-original
(facsimile) signatures will not'be accepted for recording by the County Recorder, thus
delaying the close of escrow.
c. Tax Withholdine, As required by Sections 18662 and 18668 of
the Revenue and Taxation'Codeo'{the State ofCalifomia, Buyer ackriowledges,receipt of
the NOTICE OF TAX WITHHOLDING REQUIREMENTS, inclu&:d in the 'General
Provisions attached as ,Exhibit "A".
d, Amendments. No amendments to the Agreement SI1;111 be
effective unless same are m writing, executed by all parties and deposited into this
esCrow,
e. Further Instructions. Escrow Holder shall have the right and
authority to withhold any action and to require the written consent of all necessarY parties:
or require further written instructions if, in the judgment of the 'Escrow Holder' (i} ~llch
action calls or appears to require. the use of discretionary judgment by the'Escrow Holder
(ii) the provisions in the Agreement or any amendments thereto are ambiguous or
unclear, or (iii) the actions are toe) onerous, hazardous or not within the ordinary scope of
the escrow holder's activity,
f, Authorization to Close. . The Agreement contains many
provisions with which Escrow Holder shall have no ~oncem or liability, Therefore,
Escrow Holder, at Escrow Holder's option, reserves, theqght to require a written notice
from, Buyer and/or Seller, prior to close, confirming that all contingencies which do affect
Escrow Holder's ability to',close this escrow, have been' either"satisfied or removed.
3, Escrow Holder - ,Any. reference to '~Escro.w Holder" in the Agreement
shall read as follows:' Chicago Title Company-Bonita, 4096 Bonita Road,. Bonita, CA
91902, Attn: Dana J. Queen"Escrow Officer.
4, Approval of Leeal Description -Seller's,signature on the conveying
Grant Deed, an9 Buyer'sappro,val o(the Preliminary Report; shalLbe deemed to be each
party's approval of the legaJ d~s9ription contain therein.as the'exactdescription for the
realpr6jlerty to be conveyed through this escrow and Escrow'Holder mayrely upon such
approval in processing this transaction.
S Execution/Openine of Escrow - The execution and opening of escrow
date for this transaction-hereby d~emed to be July 1, 2002.
6, Expiration of Feasibilitv Period- The expiration of the feasibility period
is hereby,deeme'd to bd:9ppmon'August 10, 2002.
< . . .
7, Close of Escrow - The ,close of escrow for this transaction is hereby
deemed to be on or before August 25, 2002,
8. Countemarts. This First Amendment may be e~ecuted many. number
of identical counterparts; and, each counterpart'hereof shall be deeined to be an original
instrument, but all counterparts hereof takeJi together shall constitute but a single
instrument.
IN WITNESS WHEREOF, this First Aniendment has been executed by the
parties' effective as of the date:indicated above,
SIGNATURE SECTION ONLY
BUYER SELLER
George H. Wilson
Gerald Jean ":'ilson
.'
. ..
GENERAL PROVISIONS
TO: CHICAGO TITLE COMPANY Escrow Number: 23071543-N40
Date: July 1, 2002
I Time is of the. essence of these instructiQ~. ,I( ~h.is ~crow is not in a condipon,to C1ose'by the TIME LIMIT
DATE' as provided for herein ;and ,wi'jtten, demand for cancellation, is received;by, you, from' any principal, to this
escrow after said date, you,shalt ~t-in .-~corillmce',~d."t paragrap,~ 7 afthe'General Prq"isions; If no conflicting
instruction or demand'for,-cancellation is,made,. you will p'~oceedt9 close,th~s e8Cf0w-when the principals have
complied with the escrow Ifistructions. In"the event one or more of the General'ProVisions are held taoo invalid in
judicial. proceedings,' those ,remai riiog; will; con.ri~~eto be operative. AnyameD~eDts' of or suppl~~ts, ~o, any
instru~tions affecting escrow,must bei~ writing. You are authorized,to order,d~~n~for. !lri~'pay:~ the close of
escrow any .encumbrances of rec01::<t necessary to place title in -the condition called for Without, furti1er
a\lthortza,.,tion. You ,are~.furtherauthorized.: prior- to the close. of escrow,:-.,to pay, from ,~-nds on, dePOsii- any' fees
nece;ssary to obtain any demand ~d[9r t~~rtas,maybe requi~:ii'l'this'escrow and'at tne ~lo~~ of:escrqw charge
. the ~~,~. appro_p~ate.The P9nCip~!s"will ,hand you, any, fun<f.s ~d ins~m~~ req~tred. from eac~~v.ely
to'complete ~is,escrow. Int~t on any, new financing maybegin,to:accrue'on the date loan fundS/proceeds'are
disburSed by the new lender. and'botTOwer agrees to pay same in ~rdan~ wi~ l,ender'sinstru~ions. -
2. You are instructed to' deliver,indlor record all documents and disburs,e ,all fun~ ~hen you can, comply :with these
instructions and issue any !:itl_e.~il!~ce policy as called for herein. These instructions, together,' ~th any
amendment~i..andJor s~pplements.:may be executed in counterp~;.an~p_ogether shall'constit.!Jte,one and'the same
document If~~eSe iJ'lsfru.ctions~rel~eto,a Sale, buyer agrees to'buy-and'seller a~ t~ ~ll uPO!l the terms ~d
conditions hereof. AIl,documents, balances ~d'~~ents due, the. ifndersigned'are to be mailed:to the resJ>C?Ctive
,addresses ~ho\Vn herein, unlessl9th~se directed. In the evenLth~tany'party ~~,this escr()~'utiliies;facsimile
transmitted signed documents,~lIparties.hereby agree to accept and.hereby,instrucitheescrow holder to rely upon
such documents as if.they bore original'si~atures. Buyeram!:sell~ fu~cij,acknowledge that any, dOCuments to be
recorded bearing non o,rigina,UfaCsi~jJe) signatures win not be acceptedJor recoTCli~g by ~e ooUnty,re.cordef.
3. l11e'phrase "dose of~w" (or COE) as used in this escrow means;the,dateon'which documents'are recorded,
unless otherwise specified.
4, Assume a)O daY,month in any proration herein provided, anct u~leSs otherwise,'instructed, you are to use the
}!l~<.>n:n!ltion contllhled ;in :tht:l1at~t available tax statement, 'including any,s!lpplement3:l taxes of record, rental
o<,~.., .statement as provided ,by s~lIer and beneficiary's or association statements 'delivered 'into escrow for proration
':~.'. pu[poses.
...
5. ~pon close of escrow you are.instr!lcted ~. charge our respective'accoiJn~;.thc?,c.osts attributable to.eac,h..including
but, not limited'to costS as provi<ied' for herein and/or in accordance '. with , our 'respective. estimated statemeI1ts
ahachedhereto and made'a'part'heroo( ,
6. Recordation of any instruments'delivered,through this escrow, if necessarY or proper for the issuanCe of the policy
of title in~urance call~;for,.!s'authori:z:ed. No examination or insurance as.to.the amount,or p.ayment,rif-personal
property taxes is required Llfllessspe<;ifically requested.
7 Ifdemand,to cancel_ is submitted after tiie Time L~mit Dat~, any:principalso requesting:you tocaneet.this escrow
shall"file notice of demand' to cancel in' your office in writing. Y o~ shall within three (3) working, days thereafter
1ll.i1 by certified mail one cOPyof.~uchriotice to each of the other principals at th~addTess stated jnthis escrow.
Unless written objection thereto is filed in your office by a principallwithinfifteen (15) calendar days after date.of
such maiiirig. you are instiucte(ri:o'Can~1 this escrow. (fthis'is ~:sai~',~w, you miy return lender'spapers
and/or fun4s uPon 'l~der's,~CJ!l,and.
8. In th~ event'that t~is'escrow is Canceled. any fees or charges due Chi~go,TitleCompany including Canc~~la~o~
fees and any expenditures incurred or authorized shall be paid froll1'fuiidS on deposit unless oiherwise specifically
a~ to or determined' by_ a court of competent jurisdiction. Upon payment thereof. retUrn documents ihd
moneys to'the respective parii~ <tepositing'saine. or as ordered by the court. and void any execut~ j,nstruIri~~.
9 (fthere is no WIitten actiyity by a: principal to this escrow within'any'six~monthperiod,after~the,Tiir!e L!l.11it Date
set forth herein, Chicago Title ComPanY may, at its option, tenriinate,its agency obligation and cancel.the escrow,
returning all documerits; moneys orwther items held, to the respective paitieSentiilea thereto, less any f,,!,",and
charges" provided herein.
c .' .
Chicago Title Company General,Provisions - Page 2
10. If, for any reason. funds are retained. o-r rema~.n in escrow after. the closing date, yo~ may d~uct therefrom a
reasonable monthly charge as custqd~, of.not,I,ess that 125:00 per month, unless otherwise specified.
II. In-the eventthat you'shouldrecei~e or b~of!le aware of conflicting demands"or claims,withrespecqo this esC1l?w.
or, the rights of any of the parties;hereto,' aT' any' money or property deposit,ed', herein, ;you shall; have the absolute
right at your option to dis~ontinue any,or all further acts until such conflict is,resolved to.your,Satisfaction.
12. In', the event that any Qfferto'~u~~~_e..Deposit Receipt, or any other fonn of.Purchase'AgreeIT!en!.~~ deposited in
~is escrow, it is l;1nd~tood'-that;such,doCument'is effecti,ve.only as ari1ong':th~;partiC;S\:signing said document.
You, as escrow holder.; are:~ot to ',be cOncerned with the terms ,of such dociiment"andl <li"erelieved of all
responsib,ility ~n connection,titerewith. In-e forego~ng is.not applica~le'ii1,aity transaction in which.Chicago'TItle
~~:specifi~ally .~greed to accept,an9ffer to P~rchase, Deposit:Receipi'or other form '<?f'Pu~.~~e ^greein~~ as
e;;crow instiuct~(>ns. ~n any. event, ,you arenpt to b~ conc:;efued or, l~*ble.for items deSignated as;ltmemo~da" hi'
these escrow instructions nor with'any other agreement or contracfbetween the parties.
13clbe parties hereto, by execution of tIIese instructions acknowledge that the escrow holder assumes no
~nsiibility or liability whatsoever for the supervision of any act rir-tI}e.perfo~ance of any condition, which is a
,condition, subsequent to the closing of this escrow.
14. In the absence,of.instn,Ictions'tO,the contrary, you are hereby .authorized.to utilize wi!e services, overnight, n~t
day. or otherexpedited,delivery services (as opposed to the regular U.S.. Mail) ilndto charge the respective party's
account accordingly
15. Concerning any reat p~periy involved in this transaction, you ~ releasedJrom and'shatl have no liability,
obligation or respunsibilitywith.,respect to (a) withholding of fundS pursuant toSeciion 1445 of the Internal
Revenue Code of 1986 as amended, and to Sections 18662 and 18668 oXthe.'Califomia Revenue and Taxation
Code.,{b) advising the parties;':' to the requirements of said Seclion:I445, (c) detenniningwhetherthe transferor
is a. foreign person or a non-resident. un,~er such Section, nor (d),o~tairiing. anon foreign' affi~avit or other
ex~ption from withholding.under.saidSecdonsnor otherwise making any inquiry concerning compliance with
such Sections by any, party to the ~saction;
16. If you pay a dernand to pay in full a revolving line of credit or equityline loan, you are hereby instructed on my
behalf-'and,for. my benefit, ,to reques~-,thaHhe lender issuing, said demand cancel said revolving'lif1e or equirr line
of credit
17 You are authorized to fumish.to any affiliate of Chicago Title Company, any attorney. broKer or lender identified
with -this transaction or, a.ny .o~e~acting on behalf of such len~er, any infot:tlUition, instructi~:ms, amendments,
S!.3tements, or notices ofcancellation:given in.connection. with.~is .esctow. If~y check submitted to.escrow is
d~shonored when presented for payment, you are authorized to no~fy'a~l principals:and/or their respectiye ag~tS
of such non payment.
18. Al1notices, change of instnlctions,:communications and documents,~ to be-delivered in.writing to the office of
Chicago Title Company, assefforth 'herein, in a timely manner.
19 -All funds received in this escrow , shall be deposited with other=w..funds in one or more escrow (demand)
accounts of Chicago Title Company,in;any:state or national, bank. ~eparties'to this escrow,understaJ.1d:~aUhe
escrow accounts you maintifn'with,the'depository institutions contribu.~~ your value'as a.,custOt.Del- of these
' ,
institutions which" in turn, _ may make ,available to Chicago Title .Company an arraY of bank serviceS,.
accommodation's'or other benefits. Y o~ sh.~lI have no.obligati~n, to.~co~l!t for the value realized'by Chi~o .Ti~le
Company from, these services~ accommodations or other benefits. A~J dJs.burseirierits shall' be,mllde by your <:heck,
unless otherwise instru~Cd. Ypu stialI. not,be reSponsible for any,delay.:inrclosing,if fu.n~~H~ved by escrow are
not available for iinm~iate~th<!~waJ;,Ch~qigo Title Company. may, at itS opnon. require concurrcotinstructions
from all principals prior to release of any ,funds on deposit in this escrow;
20. You are authorized to destroy or_otherwise dispose of any and aU dq~um~.~;P!lPers. instructi()ns,cofresponden~e
and other material pertaining to thi~ escrow. a! the expiration _of six (6) yearsfrom the close of es~w or
cancellation'thereof, without liability and wit~out.further notice
" ' ' . .
Chicago TitleoCompany GenerarPr()visions - Page 3
IMPORTANT NOTICE
EXcept 'for wjre ~sf~, funds,remitted~to thises~o~ ~ subject to availability requirem~ts,imposed by
Section 12413.1 of the Calif,~l'tlialn.sur:inceC"de.. CASHIER,'S, CERTIFIEDor'TELLER'S checks, payable
to CHICAGO TITLE COMPANY-are generally avaihiblefor disbursement on the ~ext business day following
the date of deposit.
Other fonns of payment may cause extended. delays in the closing of your transaction pursuant to the
requi~ents imposed !?yState' La"'!';
. (Wire;t,-:-af.lSrer iDrortp.ation,av~ilable:~pon req~est)
ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGOTlTLE-COMPANY DOES
NOTPROVmE LEGALADViCENORHAs rf MADEANYiNVESTIGATION,REPRESENTATlONS
"OR ASSURANq;S WHt\.ISO.EVIi;B REGARDIN9 THE LEGAL ASPECTS OR COMPiJIANCE OF
- . ~ . -,' ,,- . -. -. ... - - -. -. . ., . , ..... . - - - - .
'THIS' TRANSAcrlON WITH. ANY TAX, SECURITIES OR ANY .OTHER STATE OR'FEDERAL
LAWS. IT IS~COMl\"ENDED THAT THE PARTIES .OBTAIN INDEPENDENT LEGAL COUNSEL
AS TO SUCH MATTERS.
THE FOREGOING ESCROW INSTRUcrIONS. AND GENERAL PROVISIONS HAVE BEEN READ
AND ARE UNDERSTOOD AND AGREED TOBY EACH OF THE'UNDERSIGNED~ .
,
.:...,
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay 'ass or damage, costs, attorneys fees
or expenses which arise by reason of;
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict-
ing, 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 in 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.
(b) 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.
2. 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 which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) 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;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of, Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. 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 lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS mortgage to be released from the obligation to purchase by virtue of a contrac
The following, terms when used in this policy mean: tual condition requiring the delivery of marketable'title.
(a) "insured" the insured named in Schedule A, and, subject to any rights 2. CONTINUATION OF INSURANCE
or defenses the Company would have had against the named insured, those (a) After Acquisition of Title by Insured Lender. If this policy insures the
who succeed to the interest of the named insured by operation of law as owner of the indebtedness secured by the insured mortgage, the coverage of
distinguished from purchase including, but not limited to, heirs, distributees, this policy shall continue in force as of Date of Policy in favor of (i) such insured
devisees, survivors, personal representatives, next of kin, or corporate or who acquires all or any part of the estate or interest in the land by10reclosure,
fiduciary successors. The term "insured" also includes trustee's sale, conveyance in lieu of foreclosure, or other legal manner which
(i) the owner of the indebtedness secured by the insured mortgage and discharges the lien of the insured mortgage; (ii) a transferee of the estate or
each successor in ownership of the indebtedness except a successor who is interest so acquired from an insured corporation, provided the transferee is
an obligor under the provisions of Section 12(c) of lhese Conditions and the parent or wholly-owned subsidiary of the insured corporation, and their
Stipulations (reserving, however, aU rights and defenses as to any successor corporate successors by operation of law and not by purchase, subject to any
that the Company would have had against any predecessor insured, unless rights or defenses the Company may have against any predecessor insureds;
the successor acquired the indebtedness as a purchaser for value without and (iii) any governmental agency or governmental instrumentality which
knowledge of the asserted defect, lien, encumbrance, adverse claim or other acquires all or any part of the estate or interest pursuant to a contract of
matter insured against by this policy as affecting title to the estate or interest in insurance or guaranty insuring or guaranteeing the indebtedness secured by
the land); the insured mortgage.
(ii) any governmental agency or governmental instrumentality which is an (b) After Conveyance of Title by an Insured. The coverage of this policy
insurer or guarantor under an insurance contract or guaranty insuring or shall continue in force as of Date of Policy in favor of an insured only so long as
guaranteeing the indebtedness secured by the insured mortgage, or any part the insured retains an estate or interest in the land, or holds an indebtedness
thereof, whether named as an insured herein or not; secured by a purchase money mortgage given by a purchaser from the
(iii) the parties designated in Section 2(a) of these Conditions and Stipula- insured, or only so long as the insured shall have liability by reason of cove-
tions. nants of warranty made 'by the insured in any transfer or conveyance of the
(b) "insured claimant" an insured claiming loss or damage. estate or interest. This policy shall not continue in force in favor of any pur-
(c) "insured lender" the owner of an insured mortgage. chaser from an insured of either (i) an estate or interest in the land, or (ii) an
(d) "insured mortgage" a mortgage ,shown in Schedule S, the owner of indebtedness secured by a purchase money mortgage given to an insured.
which is named as an insured in Schedule A. (c) Amount of Insurance. The amount of insurance after the acquisition or
(e) "knowledge" or "known'" actual knowledge, not constructive knowl- after the conveyance by an insured lender'shall in neither event exceed the
edge or notice which may be imputed to an insured by reason of the public least of:
records as defined in this policy or any other records which impart construc- (i) the amount of insurance stated in Schedule A,
tive notice of matters affecting the land. (ii) the amount of the principal of the indebtedness secured by the insured
(Q "land" the land described or referred to in Schedule A, and improve- mortgage as of Date of Policy, interest thereon, expenses of foreclosure,
ments affixed thereto which by law constitute real property. The term "land" amounts advanced pursuant to the insured mortgage to assure compliance
does not include any property beyond the lines of the area described or with laws or to protect the lien of the insured mortgage prior to the time of
acquisition of the estate or interest in the land and secured thereby and
referred to in Schedule A, nor any right, title, interest, estate or easement in reasonable amounts expended to prevent deterioration of improvements, but
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- reduced by the amount of all payments made; or
ing herein shall modify or limit the extent to which a right of access to and from (iii) the amount paid by any governmental agency or governmental instru-
the land is insured by this policy. mentality, if the agency or instrumentality is the insured claimant, in theacqui-
(g) "mortgage'" mortgage, deed of trust, trust deed, or other security sition of the estate or interest in satisfaction of its insurance contract or guar-
instrument. ,
(h) "public records" records established under state statutes at Cate of anty.
Policy for the purpose-of imparting constructive notice of matters relating to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
real property to purchasers for value and without knowledge. An insured shall notify the Company promptly in writing (i) in case of any
(i) "unmarketability of the title" an alleged or apparent matter affecting the litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
title to the land. not excluded or excepted from c~e. which would entitle a an insured hereunder o,-claim ot title or interest which is adverse to the
purchaser of the estate or interest described i edule A or the insured title to the estate or inter he lien of the insured mortgage, as insured, and
- -
which might cause loss or t;iamage for which th.pany may be liable by from third parties as re. in this paragraph, unless prohibited by law or
virtue of this policy, or (iii) if title to the estate erest or the lien of the governmental regulation, II terminate any liability of the Company under
insured mortgage, as insured, is rejected as unmarketable. If prompt notice this policy as to that insured for that claim.
shall not be given to the Company, then as to that insured all liability of the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall OF LIABILITY
in no case prejudice the rights of any insured under this P9licy unlt'Iss the In case of a claim under this policy, the Company shall have the following
Company shall be prejudiced by the failure and then only to the extent of the additional options:
prejudice. (a) To Payor Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (i) to payor tender payment of the amount of insurance under this policy
CLAIMANT TO COOPERATE together with any costs, attorneys' fees and expenses incurred by the insured
(a) Upon written request by an insured and subject to the options contained claimant, which.were authorized by the Company, up to the time of payment or
in Section 6 of these Conditions and Stipulations, the Company, at its own tender of payment and which the Company is obligated to pay' or
cost and without unreasonable delay, shall provide for the defense of such (ii) in case loss or damage is claimed under this policy by the owner of the
insured in litigation in which any third party asserts a claim adverse to the title indebtedness secured by the insured mortgage, to purchase the indebted-
or interest as insured, but only as to those stated causes of action alleging a ness secured by the insured mortgage for the amount owing thereon together
defect, lien or encumbrance or other matter insured against by this policy. The with any costs, attorneys' fees and expenses incurred by the insured claimant
Company shall have the right to select counsel of its choice (subject to the which were authorized by the Company up to the time of purchase and which
right of such insured to object for reasonable cause) to represent the insured the Company is obligated to pay.
as to those stated causes of action and shall not be liable for and will not pay If the Company offers to purchase the indebtedness as herein provided, the
the fees of any other counsel. The Company will not pay any fees, costs or owner of the indebtedness shall transfer, assign, and convey the indebted-
expenses incurred by the insured in the defense of those causes of action ness and the insured mortgage, together with any collateral security. to the
which allege matters not insured against by this policy. Company upon payment tMere10r.
(b) The Company shall have the right, at its own cost, to institute and Upon the exercise by the Company of the option provided for In paragraph
prosecute any action or proceeding or to do any other act which in its opinion a(i), all liability and obligations to the insured under this policy, other than to
may be necessary or desirable to establish the title to the estate or interest or make the payment required in that paragraph, shall terminate, including any
the lien of the insured mortgage, as insured, or to prevent or reduce loss or liability or obligation to delend, prosecute, or continue any litigation, and the
damage to the insured. The Company may take any appropriate action under policy shall be surrendered to the Company for cancellation.
the terms of this policy, whether or not it shall be liable hereunder, and shall not Upon the exercise by the Company of the option provided for in paragraph
thereby concede liability or waive any provision of this policy. If the Company a(ii) the Company's obligation to an insured lender under this policy for the
shall exercise its rights under this paragraph, it shall do so diligently. claimed loss or damage, other than the payment required to be made, shall
(c) Whenever the Company shall have brought an action or interposed a terminate, including any liability or obligation to defend, prosecute or continue
defense as required or permitted by the provisions of this policy, the Company any litigation.
may pursue any litigation to final determination by a court of competent juris- (b) To Payor Otherwise Settle With Parties Other than the Insured or
diction and expressly reserves the right, in its sole discretion, to appeal from With the Insured Claimant,
any adverse judgment or order. (i) to payor otherwise settle with other parties for or in the name of an
(d) In all cases where this policy permits or requires the Company to prose. insured claimant any claim insured against under this policy, together with any
cute or provide for the defense of any action or proceeding, an insured shall costs, attorneys' fees and expenses incurred by the insured claimant which
secure to the Company the right to so prosecute or provide defense in the were authorized by the Company up to the time of payment and which the
action or proceeding, and all appeals therein, and permit the Company to use, Company is obligated to pay; or
at its option, the name of such insured for this purpose. Whenever requested (ii) to payor otherwise settle with the insured claimant the loss or damage
by the Company, an insured, at the Company's expense, shall give the Com- provided for under this policy, together with any costs, attorneys' fees and
pany all reasonable aid (i) in any action or proceeding, securing evidence, expenses incurred by the insured claimant which were authorized by the
obtaining witnesses, prosecuting or defending the action or proceeding, or Company up to the time of payment and which the Company is obligated to
effecting settlement, and (ii) in any other lawful act which in the opinion of the pay.
Company may be necessary or desirable to establish the title to the estate or Upon the exercise by the Company of either of the options proVIded for in
interest. or the lien of the insured mortgage, as insured. If the Company is paragraphs (b)(i) or b(ii), the Company's obligations to the insured under this
prejudiced by the failure of an insured to furnish the required cooperation, the policy for the claimed loss or damage, other than the payments required to be
Company's obligations to the insured under the policy shall terminate, includ- made, shall terminate, including any liability or obligation to defend, prose-
ing any liability or obligation to defend, prosecute, or continue any litigation, cute or continue any litigation.
with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE 7. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or dam-
In addition to and after the notices required under Section 3 of these Condi. age sustained or incurred by the insured claimant who has suffered loss or
lions and Stipulations have been provided the Company, a proof of loss or damage by reason of matters insured against by this policy and only to the
damage signed and sworn to by the insured claimant shall be furnished to the extent herein described.
Company within 90 days after the insured claimant shall ascertain the facts (a) The liability of the Company under this policy to an insured lender shall
giving rise to the loss or damage. The proof of loss or damage shall describe not exceed the least of:
the defect in, or lien or encumbrance on the title, or other matter insured (i) the Amount of Insurance stated in Schedule A, or, if applicable, the
against by this policy which constitutes the basis of loss or damage and shall amount of insurance as defined in Section 2 (c) of these Conditions and
state, to the extent possible, the basis of calculating theamount of the loss or Stipulations;
damage. If the Company is prejudiced by the failure of an insured claimant to (ii) the amount of the unpaid principal indebtedness secured by the
provide the required proof of loss or damage, the Company's obligations to insured mortgage as limited or provided under Section B of these Conditions
such insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter and Stipulations or as reduced under SectIon 9 of these Conditions and
Stipulations, at the time the loss or damage insured against by this policy
or matters requiring such proof 01 loss or damage. occurs, together with interest thereon; or
In addition, an insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company (iii) the difference between the value of the insured estate of'interest as
and shall produce for examination, inspection and copying, at such reason- insured and the value of the insured estate or interest subject to the defect.
able times and places as may be designated by any authorized representative lien or encumbrance insured against by this policy.
of the Company, all records, books, ledgers, checks, correspondence and (b) In the event the insured lender has acquired the estate or interest in the
memoranda, whether bearing a date before or after Date of Policy, which manner described in Section 2(a) of these Conditions and Stipulations or has
reasonably pertain to the loss or damage. Further, if requested by any author. conveyed the title, then the liability of the Company shall continue as set forth
ized representative of the Company, the insured claimant shall grant its per- in Section 7(a) of these Conditions and Stipulations.
mission, in writing, for any authorized representative of the Company to exam. (c) The liability of the Company under this policy to an insured owner of the
ine, inspect and copy all records, books, ledgers, checks, correspondence estate or'interest in the land described in Schedule A shall not exceed the
and memoranda in the custody or control of a third party, which reasonably least of:
pertain to the loss or damage. All information designated as confidential by an (i) the Amount of Insurance stated in Schedule A: or,
insured claimant provided to the Company pursuant to this Section shall not (ii) the difference between the value of the insured estate or interest as
be disclosed to others unless, in the reasonable judgment of the Company, it insured and the value 01 the insured estate or interest subject to the defect,
is necessary in the administration of the claim. Failure of an insured claimant lien or encumbrance insured against by this policy.
to submit for examination under oath, produce other reasonably requested (d) The Company will pay only those costs, attorneys' fees and expenses
information or grant permission to secure reasonably necessary information incurred in accordance with Section 4 of these Conditions and Stipulations.
@CHlCAGOT~E .
925 B STREET, SAN DIEGO. CALIFORNIA. 92101
Phone (619) 239-6081 .. Fax (619)544-6277
POWAY REDEVELOPMENT AGENCY
TINA WHITE DATE: August 14, 2002
13325 CIVIC CENTER DRIVE
POWAY, CA 92064-5744 REF NO
POLICY' 23071543 - U52
In accordancewith.instructionsin,the above order number, We enclose herewith our PolicyofTitle
Insurance as requested,
Any documents recorded in connection with this transaction will be forwarded to you direct from the
County Recorder's office.
It has been our pleasure to have handled this transactionfor you. If, alany time in the future we
may assist you,.we shall be pleased to have you request CHICAGO SERVICE.
We appreciate your business.
Sincerely,
CHICAGO TITLE
POLENCl2.6/4/91~BK
California Land Titlc Association . . Owner's Policy
SCHEDULE A
Amount of Insurance: $316,441 00 Policy No. 23071543 U52
Date of Policy' Augus t 2, 2002 at 8 00 AM Premium: $990 00
1. Name of Insured:
POWAY REDEVELOPMENT AGENCY
2. The estate or interest in the land which is covered by this policy is:
A FEE AS TO PARCEL 1 & 3;
'AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2
3, Title to the estate or interest in the land is vested in:
POWAY REDEVELOPMENT AGENCY
4. Thc land referred to in this policy is described as follows:
SEE ATTACHED DESCRIPTION
This Policy validonlyif Schedtile B is attached.
ClTAOA88-10/13!95AA CHICAGO TITLE INSURANCE COMPANY
. DESCRIPTION .
Page 1
Policy No 23071543 U52
PARCEL 1 (314-214-20) ,
LOTS 10 THROUGH 13 INCLUSIVE IN BLOCK 15 OF PIERMONT, IN THE CITY OF POWAY. COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 331, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27 I 1887
ALSO THAT PORTION OF THE EASTERLY HALF OF YORK AVENUE, VACATED AND CLOSED TO PUBLIC
USE, ADJOINING SAID LOTS ON THE WEST AND THAT PORTION OF THE WESTERLY HALF OF THE
ALLEY, VACATED AND CLOSED TO PUBLIC USE, ADJOINING SAID LOTS ON THE EAST
PARCEL 2
AN EASEMENT FOR ROAD AND UTILITY PURPOSES, INGRESS AND EGRESS, OVER, UNDER, ALONG AND
ACROSS THE WESTERLY HALF OF THAT CERTAIN STREET, VACATED AND CLOSED TO PUBLIC USE~
KNOWN AS YORK AVENUE IN BLOCK 7 AND BLOCK 14 OF MAP 331, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MAY 27, 1887, AND IN BLOCK 7 AND
BLOCK 14 OF MAP 785" FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA ON AUGUST 4, 1894, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE
COMMENCING AT THE SOUTHERLY LINE OF THE NORTHERLY 10 00 FEET OF LOT 10 IN SAID BLOCK
14 OF SAID MAP 331; THENCE NORTHERLY TO THE SOUTHERLY LINE OF THAT CERTAIN PUBLIC
STREET KNOWN AS AUBREY STREET AS SHOWN ON SAID MAPS 331 AND 785
PARCEL 3 (314-214-36 & 37)
~HOSE PORTIONS OF LOTS 10 THROUGH 17 INCLUSIVE, IN BLOCK 14 OF PIERMONT, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 785,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1894,
TOGETHER WITH' THAT PORTION OF 'THE EAST HALF OF IRVING AVENUE. NOW VACATED, WHICH
ADJOINS SAID LOTS ON THE WEST AND THAT PORTION OF THE WEST HALF OF YORK AVENUE; NOW
VACATED, WHICH ADJOINS SAID LOTS ON THE EAST DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EAST' HALF OF SAID IRVING AVENUE
DISTANT NORTH 89030'49" WEST 30 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 17 OF
PIERMONT AND ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 17;
THENCE NORTH 0000.7'10" EAST 190 89 FEET ALONG SAID WESTERLY LINE OF THE EAST HALF OF
IRVING AVENUE TO A POINT ON THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF THE
SOUTHERLY 15 00 FEET OF SAID LOT 10;
THENCE SOUTH 89045'42" EAST ALONG SAID PROLONGATION AND NORTHERLY LINE 200 49 FEET TO
A POINT ON THE EASTERLY LINE OF THE WEST HALF OF SAID ,YORK ,AVENUE;
THENCE SOUTH 00009'07" WEST ALONG SAID EASTERLY LINE 38 00 FEET;
THENCE DEPARTING SAID EASTERLY'LINE AND CONTINUING ALONG THE FOLLOWING COURSES;
THENCE SOUTH 88033'26" WEST 23 99 FEET
THENCE SOUTH 56023'49" WEST 11 97 FEET
THENCE SOUTH 38048'17" WEST 39,94 FEET;
THENCE SOUTH 29022'05" WEST 99 44 FEET;
DESCPOL-02/26/92-lrc
. DESCRIPTION .
Page 2
Policy No 23071543 U52
THENCE SOUTH 01"49'16" WEST 27 84 FEET TO A POINT ON THE SOUTHERLY LINE OF THE
AFORESAID LOT 17,SAID POINT BEING ,NORTH 89030'49" WEST 108 22 FEET FROM THE
EASTERLY LINE OF THE WEST HALF'OF SAID YORK AVENUE; THENCE NORTH 89030'49" WEST
92 16 FEET ALONG SAID SOUTHERLY LINE OF LOT 17 AND THE WESTERLY PROLONGATION THEREOF
TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 0 61 ACRES (26,449 SF)
OESCPOL-02j26j92-lrc
California Land Title Association . . Owner's Policy
SCl:ffiDULE B
Policy No. 23071543 U52
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:
PART I
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,
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 ofthe land 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) Unp.~tented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether ornot,the matters excepted under (a), (b), or (c) are
shown by the public records.
PART II
A FOLLOWING ITEMS AFFECTING PARCELS 1 & 2.
B 1 PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED
,FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN NOT YET DUE
c 2 THE LIEN OF SUPPLEMENTAL TAXES, 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
D 3 WATER RIGHTS. CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC
RECORDS
E 4 EASEMENTS FOR INGRESS AND EGRESS, PIPELINES, DRAINAGE AND/OR PUBLIC UTILITIES
AND INCIDENTAL PURPOSES THERETO OVER, UNDER I ALONG AND ACROSS THE EASEMENT
PARCEL(S) HEREIN DESCRIBED AS GRANTED AND/OR RESERVED IN VARIOUS DEEDS OF
RECORD
AFFECTS PARCEL 2
F 5 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET
FORTH IN A DOCUMENT
GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE. PuBLIC UTILITIES, INGRESS AND EGRESS
:::;LTA0B88. 10f13/95AA CHICAGO TITLE INSURANCE COMPANY
Policy No 23071543 - US. .
Page 1
SCHEDULE B (CONT )
Part II
RECORDED APRIL 11, 1957 IN BOOK 6532, PAGE 251 OF OFFICIAL
RECORDS
AFFECTS THE WEST 10 0 FEET OF SAID LAND
G 6 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED MAY 9, 1958 IN BOOK 7073, PAGE 549 OF OFFICIAL RECORDS
AFFECTS THE WEST 16 FEET OF SAID LAND
H 7 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO, SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED MARCH 15, 1977 AS FILE NO 1977-094319 OF OFFICIAL
RECORDS
AFFECTS, THE WESTERLY 6 00 FEET OF SAID LAND
I 8 RIGHTS OF PARTIES IN POSSESSION OF SAID LAND
MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN.
J 9 MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF
K THE FOLLOWING ITEMS, AFFECTING PARCEL 3:
L 10 PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN NOT YET DUE
M 11 THE LIEN OF SUPPLEMENTAL TAXES, 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
N 12 WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC
RECORDS
s 13 A DECLARATION OF ROAD MAINTENANCE AGREEMENT RECORDED JULY 3, 1974 AS FILE
NO 74-179738 OF OFFICIAL RECORDS
T REFERENCE IS MADE TO SAID ,DOCUMENT FOR FULL PARTICULARS,
v 14 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
CLTA88C -- 12/16/88
Policy NO 23071543 -US. .
Page 2
SCHEDULE B (CONT )
Part II
GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE PUBLIC UTILITIES, INGRESS AND EGRESS
RECORDED MARCH 15, 1977 AS FILE NO 77-094312 OF OFFICIAL
RECORDS
AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT
w 15 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO POMERADO COUNTY WATER DISTRICT
PURPOSE SEWER PIPELINES AND/OR MAINS
RECORDED JULY 25, 1977 AS FILE NO, 77-297379 OF OFFICIAL
RECORDS
AFFECTS THE ROUTE THEREOF.AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT
x 16 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO, JOHN R. WOLSEY AND LYNN K WOLSEY, HUSBAND AND WIFE,
AS JOINT TENANTS
PURPOSE ROAD PURPOSES
RECORDED MARCH 15, 1978 AS FI'LE NO 78-101221 OF OFFICIAL
RECORDS
AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT
y 17 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO JEROME D CATER AND DARIA L CATER. HUSBAND AND WIFE,
AS JOINT TENANTS
PURPOSE ROAD
RECORDED, MAY 15, 1978 AS FILE NO 78-195459 OF OFFICIAL RECORDS
AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCR~BED IN SAID DOCUMENT
z 18 A NOTICE BY POMERADO COUNTY WATER DISTRICT SEWER SERVICE RECORDED JUNE 28,
1979 AS FILE NO 79-269986 OF OFFICIAL RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS,
AA 19 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
CLTA88C - 12/16/88
Policy No 23071543 'U5. .
Page 3
SCBEDULE B (CONT )
Part II
GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE I
PURPOSE FLOWAGE
RECORDED OCTOBER 3, 1979 AS FILE NO 1979-412918 OF OFFICIAL
RECORDS
AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT
AB 20 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO JEFFREY WILLIAM RANKIN AND TONI MARIE RANKIN, husband
and wife as joint tenants
PURPOSE SEWER LINE
RECORDED DECEMBER 3, 1980 AS FILE NO 80-407548 OF OFFICIAL
RECORDS
AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT
AC 21 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO JEFFREY WILLIAM RANKIN AND TONI MARIE RANKIN. husband
and wife as joint tenants
PURPOSE RIGHT OF WAY FOR INGRESS AND EGRESS FOR UTILITY LINE
PURPOSES AND WATER RIGHTS
RECORDED DECEMBER 22, 1980 AS FILE NO 80-429746 OF OFFICIAL
RECORDS
AFFECTS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND
IS MORE FULLY DESCRIBED IN SAID DOCUMENT
AD 22 A DOCUMENT ENTITLED ",AGREEMENT RESPECTING TEMPORARY WATER CONNECTION",
DATED AUGUST 10, 1998 EXECUTED BY GEORGE H WILSON AND GERALD JEAN WILSON
AND THE CITY OF POWAY, SUBJECT TO ALL THE ~ERMS, PROVISIONS AND CONDITIONS
THEREIN CONTAINED, RECORDED SEPTEMBER 15. 1998 AS FILE NO 1998-0585143 OF
OFFICIAL RECORDS
AE 23 COVENANT OF PROPERTY MERGER WAS RECORDED JUNE 4, 2002 AS FILE NO
2002-0472360 OF OFFICIAL RECORDS
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS
AL END OF SCHEDULE B
AM MM
CLTA88C - 12/16/88
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