2002-928201 PURSUANT TO GOV. CODE
~f SECTION 27383 )
)
Recording Requested By: )
Federal Deposit Insurance Corporation)
[~'~ 1910 Pacific, Room 14012 )
I~ Dallas, Zexas 752m
)
When Recorded Mail To: )
)
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
f/~ SPAC~ ABOW ~OR ~COR~R'S VS~
APN No. 257-130-06-00
QUITCLAIM DEED
The grantor is exempt from the Documentary Stamp Tax (CA Rev & Tax S 11911) by
virtue of12 U.S.C. 1825(b)(1).
Documentary Transfer Tax is $ ¢ City Tax $ C~t
[~ computed on full value of property cdnveyed, [2 or computed on full value less
value of liens or encumbrances remaining at time of sale,
[2 Unincorporated area: ~City of Encinitas, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The FEDERAL DEPOSIT iNSURANCE CORPORATION ("FDIC") acting in its
capacity as Receiver for HomeFed Bank, F. A., which pursuant to 12 U.S.C.
144Ia(m)(1), succeeded the RESOLUTION TRUST CORPORATION acting in its
capacity as Receiver for HomeFed Bank, F. A.
Hereby REMISES, RELEASES AND FOR-EVER QUITCLAIMS to
The City of Encinitas,
The following described real property in the County of San Diego, State of Califomia:
See Exhibit "A" Legal Description
This conveyance is subject to all covenants, conditions, easements and restrictions of
record. Grantee assumes all liability for current and delinquent taxes, assessments, fines
and maintenance fees, of whatever nature, related to this property. This conveyance is
made without covenant, representation or warranty of any kind or nature, express or
implied, with respect to this property.
Consideration:
Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged.
Dated:
FEDERAL DEPOSIT INSURANCE
CORt'ORATION as Receiver of
HomeFed Bank, F. A.
[The remainder of this page is intentionally left blank.]
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS )
) S.S.
COUNTY OF DALLAS )
Onthisthe [ dayof~ ,2002, beforeme,
, a Not~ Public in ~d for the State of Texas,
personallyappe~ed ~M ~, ~R~ , A~omey in Fact, on
behalf of the FEDE~ DEPOSIT ~S~NCE CO, OPTION acting in the
capacity ~erein stated, personally ~o~ to me (or proved to me on the basis of
satisfactow evidence) to be the person whose name is subscribed to the wi~in instrument
~d ac~owledge to me that he executed the sine in his au~ofized capacity, ~d that by
his signa~e on the instmmem the entity upon behalf of which the person acted, execmed
· e insment.
WITNESS my h~d ~d official seal.
My Commission Expires:
~- ~.~x~ ~~ublic~ of ~x~d--
~x%t~;': ~*~ x**x~ Nota~'s Name Printed or T~ed
GRANTEE'S ACCEPTANCE
Dated: C~ C_~O~ <?_ ~'- ~ff5) ,2002.
CITY OF ENC1NITAS
By:
Title: City Manager
GRANTEE'S ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
)s.s.
COUNTY OF SAN DIEGO )
On this the c~' day of ODO~ C>~_ C' ,2002, before me, -V~e~ o co,_~rx
(-n~ c~ o ~ ~ , a Not~ Public, personally appe~ed
~CCW &. ~ [ ~ ~ ~ ~ , acting in the capacity therein stated, personally
~o~ to m~(or proved to me on ~e basis of satisfacto~ evidence) to be the person
whose nme is subscribed to the within insment ~d ac~owledged to me that he
executed the sine in his authorized capaciW, ~d that by his silage on the instrument
the entity upon behalf of which the person acted, executed the insment.
~TNESS my h~d ~d official seal.
Si~ature
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREiN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 265 OF VILLAGE PARK UNIT NO. 5 IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7266, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26,
1972.
EXCCEPTING THEREFROM AN UNDIVDED 25% INTEREST iN ALL
MATERIALS, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN AND
UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET
FROM THE SURFACE OF SUCH REAL PROPERTY BUT WITHOUT THE RIGHT
OF ENTRY UPON THE SURFACE OF SUCH REAL PROPERTY OR THE
SUBSURFACE THEREOF TO A DEPTH OF 500 FEET FOR ANY PURPOSE
INCLUDING, WITHOUT LIMITATION, THE PURPOSE OF MINiNG, DRILLiNG,
EXPLORING OR EXTRACTiNG SUCH MiNERALS, OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES, AS RESERVED BY GENERAL EXPLORATION
COMPANY OF CALIFORNIA, iN DEED RECORDED SEPTEMBER 21, 1967 AS
FILE NO. 144559 OF OFFICIAL RECORDS.
(5) Sign, seal, acknowledge and deliver any and all agreements,
easements, or conveyances as shall be deemed necessary or proper by
the FDIC Attorney-in-Fact in the care and management of the Acquired
Assets;
(6) Sign, seal, acknowledge and deliver indemnity agreements
and surety bonds in the name of and on behalf of the FDIC;
(7) Sign receipts for the payment of all rents and profits due or
to become due on the Acquired Assets;
(8) Execute, acknowledge and deliver deeds of real property in
the name of the FDIC;
(9) Extend, postpone, release and satisfy or take such other
action regarding any mortgage lien held in the name of the FDIC;
(10) Execute, ~cknowledge arid deliver in the name of the FDIC
a power of attorney wherever neceisary or required by law to any
attorney employed by the FDIC;
(1 i) Foreclose any mortgage or other lien on either real Or
personal property, wherever located;
(12) Do and perform every act 'necessary for the use, liquidation
or collection of the Acquired Assets held in the name of the FDIC;
(13) Sign, seal, acknowledge and deliver any and all documents
as may be necessary to settle any action(s) or claim(s) asserted against
the FDIC, either in its Receivership or Corporate capacity, or as
Manager of the FSLIC .Resolution Fund.
Limited Power of Attorney
John M. Urqtthart
July 31, 2002
Page 2
z6o2181 00036
STATE OF TEXAS
COUNTY OF DALLAS
On this 2~ day of August, 2002, before me, a Notary Public in and for the
State of Texas appeared Sharon K2 Allen, ~o me personally known, who, being by me
first duly sworn did depose that she is the Supervisory Specialist of Dallas Field
Operations Branch of the Federal Deposit Insurance Corporation (the "Corporation"),
in whose name the foregoing Limited Power of Attorney was executed and
subscribed, and the said Limited Power of Attorney was executed and subscribed on
behalf of the said Corporation by due authority of the Corporation's Board of
Directors, and the said Sharon K. Allen acknowledged the said Limited Power of
Attorney to be the free act and deed of.said Corporation.
1] ~ .~ ;:.~j..~o, -.. Notary Public, State of Ices '
~ =.~.E My Commission Expires 01-07-06 Nota ry Public
~ ,., .... My Commission expires: ("~//--f_J?--~d
UNITED STATES OF AMERICA :'
DISTRICT OF COLUMBIA
On this I~day of August, 2002, before me, Notary Public in and for the
District of Columbia, personally appeared Valerie J. Best, to me known personally,
who being by me first duly sworn did depose that she is Assistant Executive Secretary,
of the Federal Deposit Insurance Corporation, the Corporation in whose name the
foregoing Power of Attorney has been subscribed, who further said that the seal
affixed to the said Power of Attorney is the corporate seal of the said Federal Deposit
Insurance Corporation, and that the said Power of Attorney was subscribed on behalf
of the said Corporation and its seal thereto affixed by due authority of the
Corporation's Board of Directors, and the said Valerie J. Best, acknowledge the Said
Power of Attorney to be the free act and deed of the said Corporation.
Notary Public, District of Columbia
United Sta. te.s ofAm. erica'"~. . _
My commission expires: ~yor ]4~ 200§
John M. Urquhart
Page4 ~,,.. ..... ..~/~ ¥( ~
.0o218 00038 '
SCHEDULE A
Order Number: 02-1082104 Policy No.: 27-01-90/613396
Amount of Insurance: $ 130,000.00
Premium: $ 710.00
Date of Policy: October 23, 2003 at 08:00 a.m.
1. Name of Insured:
The City of Encinitas
2. The estate or interest in the land described herein and which is covered by this policy is:
A Fee
3. Title to the estate or interest in the land is vested in:
The City of Encinitas
4. The land referred to in this policy is situated in the City of Encinitas, County of San Diego, State
of California, and is described as follows:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
1
CLTA Standard Policy - 1990 Form
Order Ne. 02-1082104
Policy No. 27-01-90/613396
EXHIBIT "ONE"
Lot 265 of Village Park Unit No. 5, in the City of Encinitas, County of San Diego, State of California,
according to the Map thereof No. 7266, filed in the Office of the County Recorder of said San Diego
County, April 26, 1972.
Excepting therefrom an undivided 25% interest in all minerals, oil, gas and other hydrocarbon
substances in and under or that may be produced from a depth below 500 feet from the surface of
such real property but without the right of entry upon the surface of such real property or the
subsurface thereof to a depth of 500 feet for any purpose including, without limitation, the purpose of
mining, drilling, exploring or extracting such minerals, oil, gas and other hydrocarbon substances.
Assessor's Parcel No: 257-130-06
2
CLTA Standard Policy - 1990 Form
Order No. 02-1082104
Policy No. 27-01-90/613396
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage {and the Company will not pay costs, attorney's fees
or expenses) which arise by reason of:
PART I
All matters set forth in paragraphs 1 through 5 inclusive on the cover of this policy under the caption
Part I of Schedule B.
PART II
1. Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1997-1998.
APN: 257-130-06
Default No.: None shown
Default Date: July 1, 1998
Amounts to redeem for the above stated fiscal year (and subsequent years, if any) are:
Amount: $3,715.22
By: March 31, 2003
Amount: $3,748.56
By: April 30, 2003
2. An assessment by the improvement district shown below
Assessment
(or Bond) No: 1915
Series: 96-1
District: San Diego City
For: Olivenhain Water Storage Project
Bond issued: October 4, 1996
Said assessment is collected with the county/city property taxes.
Failure to pay said taxes prior to the delinquency date may result in the above assessment
being removed from the County Tax Roll and subjected to Accelerated Judicial Bond
Foreclosure.
3
CLTA Standard Policy - 1990 Form
Order No. 02-1082104
Policy No. 27-01-90/613396
3. 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.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document;
Granted to: San Diego Gas and Electric Company
Purpose: Public utilities
Recorded: July 16, 1957, Book 6664, Page 403, of Official Records
Affects: The most Westerly 150.00 feet
Reference is made to said document for full particulars.
5. Easement{s) for the purpose{s) shown below and rights incidental thereto as granted in a
document;
Granted to: The County of San Diego
Purpose: open space
Recorded: October 5, 1970, Instrument No. 180895, of Official Records
Affects: The Westerly 150.00 feet
Reference is made to said document for full particulars.
6. An irrevocable offer to dedicate an easement over a portion of said land for the purpose(s)
shown below as disclosed in a document;
Recorded: October 5, 1970, Instrument No. 180897, of Official Records
Purpose: for riding and hiking trail, but specifically excluding from the use
thereof all motorized vehicles
Affects: The Westerly 150.00 feet
Reference is made to said document for full particulars.
Easement{s) for the purpose(s) shown below and rights incidental thereto as granted in a
document;
Granted to: The San Diego County Flood Control District, Zone 1
Purpose: drainage channel
Recorded: March 31, 1972, Instrument No. 80216, of Official Records
Affects: As shown in said document.
Reference is made to said document for full particulars.
4
CLTA Standard Policy - 1990 Form
Order No. 02-1082104
Policy No. 27-01-90/613396
6. Existing 15.00 foot drainage easement over portion of Lot 265 as shown on Map 7266,
as dedicated to the San Diego County Flood Control Disgtrict on Map 6755.
9. Rights of the public as to any portion of the land lying within the area commonly known
as Village Run West, Village Run North, portion of Mountain Vista Drive and portion of
Caliban Drive.
10. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin) as set forth in the document
Recorded: May 15, 1972, Instrument No. 121972, of Official Records
NOTE: Section 12956.1, as amended, of the Government Code provides for the following:
"If this document contains any restriction based on race, color, religion, sex, familial
status, marital status, disability, national origin, or ancestry, that restriction violates state
and federal fair housing laws and is void, and may be removed pursuant to Section
12956.1 of the Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status."