1994-521483 i}.nrk,~?~ 3703 Camino Del Rio S., #100
.... ._ San Diego, Cd. 92108
~.~-II! 1 !1 0 (619) 282-3200
l~scrow, ~
BU~H'S CLOSING STATEME~
Escrow: 30055 DG Order: 966392-4
Escrow Officer: Dee Goodrich Date: 8/31/94
FINAL Closing Date: 8/31/94
ESCROW STATEMENT OF: The City of Encinitas
SELLER: Coast Federal Ba~k
Property Address: Quail Hollow Drive & Saxony Road, Encinitas, CA 92024
CURRENT YEA~ TAXES AT $1,461.62 7/01/94 8/31/94 243.6
CURRENT Y~ TAXES AT $462.98 7/01/94 8/31/~4 77.1
'C~ 3.703 Camino Del Rio $., #100
MINO San Diego, CA. 92108
.~. ESCROW, INC (619) 282-3200
Fax: (619)282-5201
Dearie Haskins, Esq. Escrow No: 30055 DG
5080 Shoreham Place, Suite 102 Date: September 2, 1994
San Diego, CA 92122 Reference: Saxony Hills
In connection with the above numbered escrow, we enclose the followtng
items:
Check for excess deposit
Copy of clos/ng statement
Conformed copy of recorded Grant Deed
Assignment of Leases, Contracts, Intangible Prope~y and Warranties
Title Exeptions
Certification of Non-Foreign Status
Certification
Environmental Indemnity Agreement
Letter/Inslxuctions to Escrow Holder
Sincerely,
Sue Kiviat, Escrow Officer
for Dee Goodrich
.' REOORD,NGREOUESTEOBY DOC 1994-0521483
-"~'' 'COMMONWEALTH L~NDTITLECO.
XNDWHEN RECORDED MAILTHIS DEED AND, UNLESS ,, 31-AUG-1994 08:O0 AM
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS OFFICIRL RECORDS '
TO , ,~! SANDIEGOCOUNTYRECORDER'SOFFICE
~ ~ GREGORY SMITH, COUNTY RECORDER
r n ~' FEES: 0,00
CITY OF ENCINITAS i N~
1800 N. Kent Street, Suite 1100 '~
Arlington, Virginia 22209
L J
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
I ~15'5~ '5'~°3" O' ~f~'~' '~i' IALL-~ '1
~5~ ~,' ~l ~ ~ T,Ie Order No, ~*~, ~
~S~ ~00 PTN Escrow No. 30055DG/Loan No. n/a
CORPORATION GRANT DEED
THE UNDERSIGNED GRANTOR(S) DEC.RE(S)
DOCUMENTARY TRANSFER T~ IS $ -~ CI~ T~ $
~ comp~ed on full value of prope~ conveyed, or
~ computed on full value less value of liens or encumbrances remaining at time of sale.
~ Unincorporated area: ~ Ci~ of ~actnt~ss and
FOR A VALUABLE CONSIDE~TION, receipt of which is hereby acknowledged.
eOAS~ Y~DE~ B~K, Y~D~ SAVINGS B~K~ a YeSe~ally Cha~%e~ed
Ca~i~al S~ock Savings Bank
a corpor~ion organized under the laws of the UnEed States
hereby G~NTS to
C~X OY ~NC~N~AS, a Municipal
the following described mai prope~ in the
County of San Dieqo Stae of California.
~oca~ea in ~he Ci~y o~ Encini~as~ County o~ San Diego, S~a~e o~
California 92260~ as mo~e ~a~icula~ly ~esc~ibe~ in ~he legal
~escri~ion a~tachea hereto as Exhibi% "~" and incorporated he~ein~
sub~ec~ ~o all covenants, conai~ions, ~es~ic~ions, easements an8
Dated ~ COAST ~E~L BAN~
FEDEralS BANK
Its:~ ' ~ ~ ~ ~~ President
Saxony Hitts/CGD
06/29/94 1
922
SS. personally known to me
be
the
person~ whose name~ Is~subscribed to the w~hin Instrument and a=knowledged to
Coun~ of ~ ~ ~ ~t~ ~ ~ me that he~ exec~ed the same In hi~a~orlzed =apac~, and that by
his~ slgnature~ on the instrument the person~, or the ent~ upon behalf of which
the person~ acted, exec~ed ~e instrument.
z I~k~4i~ Noto~ P~lic - California ~ ~ig~alure of Nota~
Saxony HiJLs/cr-~
06/~9/9~ 2
923
LEGAL DESCRIPTION
Exhibit 'A'
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.
1
Saxony Hi [ Ls/CGO 1
06/29/94,
924
I~v-~OLUTION NO. 94-'/'7
~ v.~OLUTION OF TFrE CITY OF ENCIN1TAS Ali i'ttORIZING TIKE CITY
MANAGER TO EXFX2LFrE TFFE AccEPTANCE OF ASSIG~ AND
ASSUMPTION FOR INDIAN ~q~AD CANYON (SAXONY
PURCHASE AGt~ ~F~x43UqT.
~, the City Council of thc City of Eacinitas has previously authorized thc City
Manager to pursue the purchase of property in th~ City of Eacinltas known a~ Ind~- H~d
Canyon; and
Wn'FrREAS, the Council approved said purctmse at i~s April 27, 1994 meeting; and
WFFF. RF_,AS, the Conservation Fund ha~ acted on behalf of the City in a.rr~ging such
a purchase; and
NOW ~RE BE 1T I~F.qOLVED, that the City Council of the City of Encinitas
does authorize the City Manager to execute an 'Acceptance of Assignment and Assumption'.
PASSED AND ADoFrED this 2?th day 6f Jul), , 1994 by the following vote to wit:
AYES: Bond, Davis, Hauo, Wiegand
NAYS: None
AJ]S]~N"r: DuVivier
ABSTAIN: None
Oa~Fmno, Mayor ~f .the
City of Enchfit,~, Callforrda
ATTEST:
E. Jan¢.tP~l, City Clerk
925
I certify on behalf of the city Council of the city of Encinitas,
pursuant to authority conferred by Resolution 87-72 of said
Council adopted on July 27, 1987 that the city of Encinitas
consents to the dedication of real property and consents to
recordation thereof by its duly authorized officer.
M~rf~y'Wa~en, Interi~ city ~anager
/ city of Enclnitas
ASSIGNMENT OF LEASES, CONTRACTS,
INTANGIBLE PROPERTY AND WARRANTIES
THIS ASSIGNMENT, Is executed as of tbe ~/7'day of July, 1994, by arid between COAST FEDERAL BANK.
FEDERAL SAVINGS BANK, a Federally Chedered Oapltal Stock Savings Bank ("ASSignor'), and THE CONSERVATION
FUND, a MaP/lend Non-Profit Corporation ('Assignee'), with reference to the following facts:
A. Concurrently herewith ASSignor is conveying to Assignee cedaln real proper~y, lying and balng
situated In San Diego County, State of Calitomia, end described on Exhibit 'A' attached hereto and
Incorporated herein (said land herein referred to as the 'Property').
B. It is the desire of Assignor to esalgn, transfer and convoy to Asslgnes: (I) all service contracts and
agreements relating to the operation of the Propedy (with the exception of any exiatlng property
management agreement) (collectively the 'Service Contracts*); and (ii) any contracts, claims,
governmental licenses, permits and tredename (to the extent assignable) relating to the Property
(collectively the 'Intangible Propedy") (the Service Contracts and Intangible Prope~ly collectively being
referred to as *Assigned Properties'),
NOW THEREFORE. in consideration of the foregoing and Ten Dollars ($10.00) and other good and valuable
consideration in band paid by Aaslgnee to Assignor, the receipt and sufficiency of which are hereby acknowledged by
Assignor, Assignor does hereby QUITCLAIM, ASSIGN, TRANSFER, DEUVER and CONVEY to Assignee, without
representation or warranty except as specifically set forth herein, all of the Aaslgned Properties, and Assignee does
hereby agree to accept and assume the performance, obligations and Ilablllitas of the Assigned Properties, including,
without limitation, the following:
1. All rights and Interests of Assignor, if any, in and to, and existing under and by virtue of, the Service
Contracts relating solely to the operation or maintenance of the Properly, as shown on Exhibit "B'
attached hereto and Incorporated bersln.
2. All of Assignor's interest, if any. in all warranties and guarantees Issued to or In favor of Assignor,
- from any contractors, subcontractors, materials' suppliers or vendors related to the Property, it any,
but without representation or warranty of any kind, express or implied, as to the ex[atence,
transferability, enforceability, or the like.
3. All of Assignor's Interest, ff any, in ali contracts, atalms, governmental licenses and permits issued
to or held in the name of Assignor, relating to the use, operation and occupancy of the Property, but
only to the extent assignable by operation of law or otherwise, Assignor making no representations
or warranties of any itlnb, express or Implied, with respect to the existence, assignability or
transferability of such licenses and permits.
Assignee hereby assumes, accepts and agrees to pedorm and observe all of the terms, covenants and
conditions of tfte Service Contracts and the Intangible Property from and after the date of the transfer by Assignor to
Assignee of the Assigned Properties, or any one of them. Assignee, its successors and assigns, covenant and agree
to indemnify, defend, protect and hold harmless ASSignor, any past, present or future parent company ('Parent
Company') of Assignor, or any past, present or future affiliate or subaldiaP/company of Assignor or Parent Company,
including the ctrectors, officers, shareholders, employees, agents, representatives, attornoys, accountants, succeSSors
or assigns, of either of them, from any and all actions, causes of action, costs, damages, demands, expenses, fees,
fines, liabilities, losses, obligations and penalties (including third party claims, reasonable attorneys' fees and courf
costs) In connection with, relating to, arlalng from, or resulting from, whether directly or Indirectly: (I) the transfer of the
Asalgned Properties, or any one of them, from the Assignor to the Assignee pursuant to this Agreement; (ii) the
Assigned Properties, or any one of them; (Ill) any act, occurrence or omission on or subsequent to the transfer by
Assignor to Assignee of the Assigned Properites, or any one of Ibem; or (Iv) the breach, failure to perform or failure
to observe any term, covenant and condition of the Assigned Properties, or any one of them, from or after the transfer
of the Assigned Properties, or any one of them, from Assignor to Assignee. This Indemnification provision shall survive
the transfer of the Asalgned Propeftles, or any one of them. from Assignor to Assignee.
IN WITNESS WHEREOF, this Assignment has been executed es of the date set forth above.
ASSIGNEE: ASSIGNOR:
THE CONSERVATION FUND, COAST FEDERAL
a MaP/land Non-Profit Corporation FEDERAL INGS NK,
a Federally ~h~rter~ Capital Stocit Savings Sank
Na'Pt~J~.,e~/,9 /~, J~7.~4.~/~'J.~ Ils:
ite: II'~.
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS I THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRAC~' NO. 3526, iN THE CRY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CAIJFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUN3~f RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984,
EXHIBIT
SERVICE CONTRACTS
The following Service Contracts pe~laln to the Properly located at:
SEC of Quail Hollow Drive and Saxony Road
NONE
TITLE EXCEP'I3ONS
The land referred to herein is situated in the State of California, County of San Diego, and is more par[iculady desedbed
in Exhibit 'A' attached hereto.
The following items which appear in that ceilaln Preliminary Report Issued by Commonweaith Land T~le Company ('Title
Company"), Order No. 866392-4, dated May 13, 1994, and which appear in other documents issued by Title Company
are exceptions to title Insurance coverage.
All items and exceptions contained in the enclosed Preflmlnaty Report are acceptable except as follOwS:
NONE
APPROVED BY:
THE CONSERVATION FUND,
a Ma~land Non-Profit Corporation
Its: /."~
LEGAL DESCRIPTION
Exhibit
THE LAND REFERRED TO HEREIN IS SrTUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS I THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526, IN THE CITY OF ENC[NITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984,
Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, California 92108
Issuing Policies of
Commonwealth,
Land Title Insurance Company
Coast Federal
18000 Chatsworth Street
Granada Hills, California 91344
Arm: Rob Aronson
Your Ref: 91344
Our No: 966392-4
Title Officer:
Larry Vinti
Direct (619) 686-2140
Fax (619) 686-6001
PRELIMINARY REPORT
Dated as of May 13, 1994 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Commonwealth
Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Preliminary Report Form (Rev. 11118/82)
966392
Page 2
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
A CLTA Owners Policy
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fllg.
Title to said estate or interest at the date hereof is vested in:
Coast Federal Bank, Federal Savings Bank,
a Federally Chartered Capital Stock Savings Bank
The land referred to in this Report is situated in the State of California, County of San Diego, and is
described as follows:
Lots 1 through 56 inclusive of County cd San Diego Tract No. 3526, in the City of
Encinitas, County of San Diego, State of California, according to Map thereof No. 10901,
f'fled in the Office of the County Recorder of San Diego County, April 11, 1984.
CLTA Preliminacff Repoa Form (Rev. 11118182)
966392
Page 3
SCHIZ~DULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. General and special taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1994-1995, which are a lien not yet payable.
B. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $844.48
First Installment: 422.24 Paid
Second Installment: 422.24 Delinquent
Penalty: 52.22
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-15
C. Said property has been declared tax defaulted for non-payment of delinquent taxes
for the fiscal year 1990-1991 and subsequent years.
Amount to Redeem: $2,959.16
Prior to: May 31, 1994
Amount to redeem: $2,990.13
Prior to: June 30, 1994
Affects: Lot 1
D. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,663.58
First Installment: 831.79 Paid
Second Installment: 831.79 Delinquent.
Penalty: 93.18
Homeowners' Exemption: Snone
Code: 19273
CLTA Preliminary Report Form (Rev, 11/18/82)
966392
Page 4
Parcel: 254-582-02
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
Total: $5.46
First Installment: 2.73 Delinquent
Penalty: .27 due after February 28, 1994
Second Installment: 2.73
Penalty: 10.27 due after June 30, 1994
Supplemental Bill No: 829-074-65-32
Affects: Lot 2
E. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $249.78
First Installment: 124.89 Paid
Second Installment: 124.89 Delinquent
Penalty: 22.49
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581 - 13
Affects: Lot 3
F. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the, fiscal year 1993-1994.
Total: $1,879.16
First Installment: 939.58 Paid
Second Installment: 939.58 Delinquent
Penalty: 103.96
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-01
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
CLTA pr~lirniria~ Report Form (Rev. 11/18/82)
966392
Page 5
Total: $6.16
First Installment: 3.08 Delinquent
Penalty: .31 due after February 28, 1994
Second Installment: 3.08 Not Paid
Penalty: 3.08 due after June 30, 1994
Supplemental Bill No: 829-074-65-22
Affects: Lot 7
G. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $709.82
First Installment: 354.91 Paid
Second Installment: 354.91 Delinquent
Penalty: 45.49
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-14
Affects: Lot 11
H. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,080.12
First Installment: 540.06 Paid
Second Installment: 540.06 Delinquent
Penalty: 64.01
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-01
Affects: Lot 12
I. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,158.66
First Installment: 579.33 Paid
CLTA Prellmimu~ Report Form (Rev. 11/18/82)
966392
Page 6
Second Installment: 579.33 Delinquent
Penalty: 67.93
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-12
Affects: Lot 13
J. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,248.42
First Installment: 624.21 Paid
Second Installment: 624.21 Delinquent
Penalty: 72.42
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-02
Affects: Lot 14
K. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $664.94
First Installment: 332.47 Paid
Second Installment: 332.47 Delinquent
Penalty: 43.25
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-11
Affects: Lot 15
L. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $395.66
First Installment: 197.83 Paid
Second Installment: 197.83 Delinquent
CLTA Pr~limlna~ Report Form (Rev. 11/18/82)
966392
Page 7
Penalty: 29.78
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-03
Affects: Lot 16
M. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,461.62
First Installment: 730.81 Paid
Second Installment: 730.81 Delinquent
Penalty: 83.08
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-04
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years.
Amount to Redeem: $5,116.52
Prior to: May 31, 1994
Amount to redeem: $5,170.40
Prior to: June 30, 1994
Affects: Lot 22
N. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $732.28
First Installment: 366.14 Paid
Second Installment: 366.14 Delinquent
Penalty: 46.61 ~
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-05
CLTA Pr~limina~ Rcpo~ Form (Rev. 11118182)
966392
Page 8
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $2,564.36
Prior to: May 31, 1994
Amount to redeem: $2,591.14
Prior to: June 30, 1994
Affects: Lot 23
O. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $575.18
First Installment: 287.59 Paid
Second Installment: 287.59 Delinquent
Penalty: 38.76
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-06
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $2,021.09
Prior to: May 31, 1994
Amount to redeem: $2,042.09
Prior to: June 30, 1994
Affects: Lot 24
P. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $406.86
First Installment: 203.43 Paid
Second Instalhnent: 203.43 Delinquent
Penalty: 30.34
Homeowners' Exemption: Shone
CLTA Prelimlnao' Report Form (Rev. I l(IS/S2)
966392
Page 9
Code: 19273
Parcel: 254-581-07
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,434.01
Prior to: May 31, 1994
Amount to redeem: $1,448.77
Prior to: June 30, 1994
Affects: Lot 25
Q. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $462.98
First Installment: 231.49 Paid
Second Installment: 231.49 Delinquent
Penalty: 33.15
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-08
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,625.98
Prior to: May 31, 1994
Amount to redeem: $1,642.79
Prior to: June 30, 1994
Affects: Lot 26
R. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $507.86
First Installment: 253.93 Paid
Second Installment: 253.93 Delinquent
Penalty: 35.39
CLTA Pr~liralnasy Report Form (Rev. 11 / 18/82)
966392
Page 10
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-09
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,786.51
Prior to: May 31, 1994
Amount to redeem: $1,805.01
Prior to: June 30, 1994
Affects: Lot 27
S. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $429.32
First Installment: 214.66 Paid
Second Installment: 214.66 Delinquent
Penalty: 31.47
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581 - 10
Said property has been declared tax defaulted for non-payment of delinquent taXes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,507.82
Prior to: May 31, 1994
Amount to redeem: $1,523.38
Prior to: June 30, 1994
Affects: Lot 28
T. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $934.24
First Installment: 467.12 Paid
Second Installment: 467.12 Delinquent
CLTA Prellmlna~j Report Form (Rev. 11/18/82)
966392
Page 11
Penalty: 56.71
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-17
Affects: Lot 35
U. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $878.14
First Installment: 439.07 Paid
Second Installment: 439.07 Delinquent
Penalty: 53.91
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-18
Affects: Lot 36
V. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $I ,024.00
First Installment: 512.00 Paid
Second Installment: 512.00 Delinquent
Penalty: 61.20
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-19
Affects: LOt 37
W. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,046.46
First Installment: 523.23 Paid
Second Installment: 523.23 Delinquent
Penalty: 62.32
CLTA preliminary Report Form (Rev. 11 / 18/82)
966392
Page 12
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-03
Affects: Lot 38
X. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $ 698.62
First Installment: 349.31 Paid
Second Installment: 349.31 Delinquent
Penalty: 44.93
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-04
Affects: Lot 39
Y. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $777.14
First Installment: 388.57 Paid
Second Installment: 388.57 Delinquent
Penalty: 48.86
Homeowners' Exemption: Snone
Code: 1,9273
Parcel: 254-582-05
Affects: Lot 40
Z. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the riseal year 1993-1994.
Total: $2,424.64
First Installment: 1,212.32 Paid
Second Installment: 1,212.32 Delinquent
Penalty: 131.23
Homeowners' Exemption: Snone
CLTA Prelirnlnai~ Repor~ Form (Rev. 11/18/82)
966392
Page 13
Code: 19273
Parcel: 254-581-20
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
Total: $7.96
First Installment: 3.98 Delinquent
Penalty: .40 due after February 28, 1994
Second Installment: 3.98 Not Paid
Penalty: 10.40 due after June 30, 1994
Supplemental Bill No: 829-115-68-13
Affects: Lot 41
AA. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $620.06
First Installment: 310.03 Paid
Second Installment: 310.03 Delinquent
Penalty: 41.00
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-14
Affects: Lot 42
AB. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $608.84
First InstaLlment: 304.42 Paid
Second Installment: 304.42 Delinquent
Penalty: 40.44
Homeowners' Exemption: Snone ~
Code: 19273
Parcel: 254-582-13
Affects: Lot 43
CLTA Pr~llmlnary Report Form (Rev. 11118/82)
966392
Page 14
AC. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $575.18
First Installment: 287.59 Paid
Second Installment: 287.59 Delinquent
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-06
Affects: Lot 44
AD. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,012.80
First Installment: 506.40 Paid
Second Installment: 506.40 Delinquent
Penalty: 60.64
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-07
Affects: Lot 45
AE. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $541.52
First InstalLment: 270.76 Paid
Second Installment: 270.76 Delinquent
Penalty: 37.08
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-08
Affects: Lot 46
AF. General and special taxes, including any personal property taxes,and assessments
collected with taxes for the fiscal year 1993-1994.
CLTA Pralimlna~ Report Form (Rev, 11118182)
966392
Page 15
Total: $608.84
First Installment: 304.42 Paid
Second Installment: 304.42 Delinquent
Penalty: 40.44
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-12
Affects: Lot 49
AG. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $608.84
Fh'st Installment: 304.42 Paid
Second Installment: 304.42 Delinquent
Penalty: 40.44
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-11
Affects: Lot 50
AH. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,046.46
First Installment: 523.23 Paid
Second Installment: 523.23 Delinquent
Penalty: 62.32
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-10
Affects: LOt 51
AI. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,622.58
CLTA Prellmina~ Report Form (Rev. 11/18/82)
966392
Page 16
First Installment: 811.29 Paid
Second Installment: 811.29 Delinquent
Penalty: 91.13
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-09
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
Total: $5.30
First Installment: 2.65 Delinquent
Penalty: .27 due after February 28, 1994
Second Installment: 2.65 Not Paid
Penalty: 10.27 due after June 30, 1994
Supplemental Bill No: 829-074-66-02
Affects: Lot 52
Al. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,113.78
First Installment: 556.89 Paid
Second Installment: 556.89 Delinquent
Penalty: 65.69
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581 - 16
Affects: Lot 53
AK. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of California.
1. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Olivenhain Municipal water District,
a Public corporation
Purpose: pipeline or pipelines for any and all purposes, together with the right of
CLTA preliminary Report Form (Rev. 11/18/82)
966392
Page 17
ingress, egress and incidental purposes
Recorded: September 8, 1983 as File No. 83-318950 of Official Records
Affects: Lots 1 through 6, 8 through 10, 13 through 22, 24, 25, 26, 28, 30
through 43, 45, 47, 48, 50, 53 and 54 as shown on said Map attached
to said document.
Reference is made to said document for full particulars.
2. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Leucadia County Water District
Purpose: sewer pipeline or pipelines, manholes, laterals and appurtenances,
together with the right of ingress, egress and incidental purposes
Recorded: November 3, 1983 as File No. 83-398389 of Official Records
Affects: lots 18, 19, 31, 32, 33, 35 and 48, 53 as shown on said Map
Reference is made to said document for full particulars.
3. An easement for the purposes shown below and rights incidental thereto as shown or
as offered for dedication on the recorded map shown below
Map No.: 10901
Purpose: open space
Affects: Lots 24, 29, 41, 42, 43, 49, 50, 51, 52, 54, 55 and 56
A portion of said easement within said Lot 54 was vacated by Instrument recorded March
21, 1985 as File No. 85-094568 of Official Records.
Purpose: drainage maintenance access
Affects: Lots 2, 4, 5, 6, 8, 9, 18, 22, 30, 31, 32, 35 and 53
Purpose: drainage
'Affects: Lots 1, 2, 18, 19, 23 and 53
Purpose: private road and public utility
Affects: Lots 4 thru 10, 17 thru 21, 30 thru 34, 47 and 48
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
CLTA Preliminary Report Form (Rev. I 1/18/82)
966392
Page 18
4. The fact that the owners of said land have no rights of vehicular access to the street
or highway abutting said land, except the public right to travel on same. Said fights have
been relinquished by the dedication provision on the map of the Tract referred to below.
Tract No: 10901
Affects: Lots 11, 13, 15, 24, 28, 29, 35, 41 and 53
5. Provisions of the dedication statement on the map shown below, which offer the
land herein described for future street or alley and restrict the use thereof
Map of: 10901
Affects: Lots 41, 42, 43, 49, 50, 51, 52, 54 and 55
6. An offer and the rejection of said offer subject to the Provisions of Section 66477.2
of the Government Code of the state of California for the dedication of abutters rights of
access appurtenant to Lots 29, 41, 42, 43, 49, 50, 51, 52, 54 and 55, as shown on the Map
of said tract, which provides that a rejected Offer of Dedication shall remain open and
subject to future acceptance by the County of San Diego.
7. An offer and the rejection of said offer subject to the Provisions of Section 66477.2
of the Government code of the State of California for the dedication of easement for slope
fights lying within Lots 41, 42, 43, 49, 50, 51, 52, 54, 55 and 56, as shown on the Map of
said tract, which provides that a rejected Offer of Dedication shall remain open and subject
to future acceptance by the County of San Diego.
A portion of said easement within said Lot 54 was vacated by Instrument recorded March
21, 1985 as File No. 85-094568 of Official Records.
8. An irrevocable offer to dedicate a portion of said land for the purposes 'stated herein
In favor of: County of San Diego
For: open space
Recorded: April 12, 1984 as File No. 84-133584 of Official Records
Affects: Lots 29, 54, 55 and 56
Said offer was accepted for public use by a resolution
Executed by: City of Encinitas ~
Recorded: June 30, 1987 as File No. 87-367087 of Official Records
9. An easement for the purpose shown below and fights incidental thereto as set forth
in document
Granted to: Carltas Co., Paul F. cke III, Paul ~cke, Sr., Trustee under will of
CLTA Preliminax'y Report Fon'n (Rev. 11118182)
966392
Page 19
Magdalena Ecke, deceased, Ray Winter, Barbara Winter, William C.
Dealy, Jr. and Ruth Dealy ("Ecke")
Purpose: ingress, egress and incidental purposes
Recorded: April 13, 1984 as File No. 84-135697 of Official Records
Affects: Lots 18, 19 and 23 as shown on said map attached to said document
Reference is made to said document for fuil particulars.
10. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: San Diego Gas and Electric Company
Purpose: public utilities, ingress and egress
Recorded: July 17, 1984 as File No. 84-268448 of Official Records
Affects: within that portion of said Lot 55, shown and delineated as "Portion of
Lot 55 Reserved for Future Street", on said Map No. 10901
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
11. A lien for the amount shown and any other amounts due
In Favor of: The County of San Diego
Record Owner: Coast Federal Bank
Amount: $1,257.69
Reference No: 93 942448
Recorded: April 14, 1994 as File No. 1994-0246244 of Official Records
12. A lien for the amount shown and any other amounts due
In Favor of: County of San Diego
Record Owner: Coast Federal Bank
Amount: $826.39
Reference No: 93 942413
Recorded: April 14, 1994 as File No. 1994-0246249 of Official Records
13. This Company will require a corporate resolution of the board of directors from the
corporation(s) vested herein, authorizing this transaction and the execution of the documents
necessary to complete it in accordance with instructions given to the Company.
CLTA Prelimina~, Report Form (Rev. 11/18/82)
966392
Page 20
Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF
1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE
LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMEaNT OF ANY FUNDS.
ONLY CASH OR WIPl~.r) FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY
UPON DEPOSIT.
CASI~ER'S CHECKS, TELLER'S CHECKS AND CERTIFIED CHECKS MAY BE
AVAILABLE ONE BUSINF~S DAY AFTER DEPOSIT.
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF
FUNDS ON TIE[S ORDER.
IN ORDER TO AVOID DP.I.AYS, ALL FUNDS SHOULD BE W'IRE TRANSFERP~r).
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONFIRMATION OF THE RESPECTIVE INCOMI2qG W'IRE TRANSFER OR
AVAILABILITY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS:
UNION BANK
530 "B" S'FP~.T
SAN DIEGO, CA 92101
BANK NUMBER: 122000496
CI~RDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 2: THIS COMPANY DOES REQUIRE CURRENT BENEFICIARY
DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot
be obtained, our requirements will be as follows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold will be in addition to the verbal
hold the lender may have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we will either pay off
the expired demand, or wait for the amended demand, at the discretion of the
escrow.
Note No. 3: Requirement that this Company be furnished with a copy of any supplemental
tax bills now in existence which are not reflected on this report.
CLTA Preliminary Report Form (Rev. 11118182)
966392
Page 21
Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax
amount plus delinquency amount until 45 days have elapsed. If taxes have been paid
through an impound account or if a copy of the cancelled check can be provided to us, this
requirement can be waived.
Note No. 5: If any deed of trust in favor of "Private Parties" is to be omitted from our
policy of title insurance, we will require that the original note, deed of trust and properly
executed and notarized request for reconveyance be surrendered for review prior to close of
eSCrOW.
CLTA prellmina,'3' Repo~ Form (Rev. 11/18/82)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
WITH A.LT.A. ENDORSEMENT FORM I COVERAGE (10-17-92)
AND A.L.T.A. LEASEHOLD LOAN POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
Thc Ikdlowing mailers arc expressly excluded I'rom Ibc coverage ol' Ihis policy and Ihe Company will nol pay loss or damage, co,ts, altomcys' lees or expenses which arise
by reason of:
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
3. Tille Risks:
EXHIBIT "A"
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of Ihis policy and the Company will not pay loss or damage, costs, a[lomeys' fees or expenses which arise
by reason of:
EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I)
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
CERTIFICATION OF NON-FOREIGN STATUS
BY ENTITY TRANSFEROR
the disposition of a U.S. real property interest by COAST FEDERAL BANK, FEDERAL SAVINGS BANK~ a Federally
terms are defined in the Internal Revenue Code and Income Tax Regulations);
incorporation (it applicable) is California.
Transferee anti that any false statement conteined herein could be punishe(l by fine, imprisonment, or both.
of Transferor.
COAST FEDERAL BANK,
FEDERAL
Its: ~...~ ~
TRANSFEREE MUST RETAIN THIS CERTIFICATION UNTIL THE END
OF THE FIFTH TAXABLE YEAR FOLLOWING THE TAXABLE YEAR IN
WHICH THE TRANSFER TAKES PLACE.
DO NOT RECORD ' DO NOT SEND TO IRS
CERTIFICATION
The undersigned hereby cedffles that be/sba is a duly elected and acting Vice President of COAST FEDERAL
BANK~ FEDERAL SAVINGS BANK, a Federally Chedered Capital Stock Savings Bank, fka Coast Savings and Loan
AssOciation, a California Corporation; and tbst the follOWing Is a true, correct and complete copy of Resolutions duly
adopted by ACtiOn Wltho~t a Meeting of the Board of Directors of Coast Federal Rank, effective November 25, 1991,
which Resolutions are In full force and effect on and as of the date hereof, not baying been amended, altered or
repealed.
'RESOLVED, that President, any Vice President and the SecretaP/of this Bank and
any other parson designated in writing by the President to be an authorized
slgnatoP/for and on bebeff of this Bank are each hereby Individually authorized In
connection with real propa~y sales transactions, including leasehold interests, to
sign and deliver all contracts, agreements, deed of conveyance, leases, subleases,
appiicstlons, legal documents and other papers in the name of and on beheff of
this Bank, and the algnature of any one of them on any such items shall be legally
b[eding upon this Bank.
IN WITNESS WHEREOF, the undersigned has executed this Certification this ~) day of July, 1994.
COAST FE ERAL BA K,
eNema:By:Federally/ ~Cy.d d Capital~(,/~'~St°ck~ Savings0 ~ Bank
THIS ENVIRONMENTAL INDEMNITY AGREEMENT ("Agreement") Is mede this ~. day of July,
1994, between THE CONSERVATION FUND, a MaP/land Non-Profit Corporation (referred to as "Buyer') and COAST
FEDERAL BANK, FEDERAL SAVINGS BANK, a Federally Chartered Capital Stock Savings Bani( ("Seller"}.
RECITALS
A. Seller has agreed to se~l, and Buyer has agreed to purchase, that cedain unimproved
property located in the City of Encinitas, County of San Diego, State of California, as more padicularly described in
Exhibit 'A" attached hereto ('Properly'), pursuant to that cedain Agreement of Purchase and Sate and Joint Escrow
instructions, of even date herewith ('Purchase Agreement"}.
B. In consideration of Sel~er agreeing to sell the Property to Buyer, Buyer is willing to protect
Seller for the Coats, as that term is defined herein, in accordance with the terms of the Agreement.
FOR VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged,
the parties hereto agree as follows:
1. Definitions. The following terms shall have the meanings indicated:
1.1 "Agencies' means the federal, state and local governmental agencies or units which are
responsible for the administration or enforcement of Environmental Law.
1.2 "CERCLA" meanst he Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 U.S.C. §§9601 at.seq., as heretofore or hereafter amended.
1.3 "Costs' means each and every coat, expense, fine, penalty, lien, judgment, reimbursement
or payment (including, without limitation, the payment of damages, both actuat and consequential, the payment of the
actual fees and expenses of experts, attorneys and others and the payment of "response coats" under CERCLA)
incurred in connection with (i} any Remediation; (i0 any breach of any of the representations and warranties of Buyer
under this Agreement; or (lt~ any claims by any third paAy of damage to person or propeny arising from the existence
of any Hazardous Substance on, under, from or about the Propeby.
1.4 "Hazardous Substance' shall mean any flammable explosive, radioactive material,
hazardous waate, toxic substance or related material and any other subatance or material defined or designated as a
hazardous or toxic subatance, material or waste by any federal, state or local law or environmental atatute, regulation
or ordinance presently in effect or as amended or promulgated in the future and shall ~nclude, without limitation;
(i) Those substances included within the definitions of "hazardous substances,'
"hazardous materials," "toxic subatances' or "solid waate" in CERCLA, RCRA, and the Hazardous Materials
Transportation Act, 49 U.S.C. Sections 1801 et see., and in the regulations promulgated pursuant to said laws;
Those subatances defined as "hazardous wastes" In Section 25117 of the California
Health and Safety Code, or as "hazardous substances" in Section 25316 of the California Health and Safety Code, and
in the regulations promulgated pursuant to said laws:
(iii} Those substances listed in the United States Department of Transpodation Table
(49 CFR 172.101 and amendments thereto} or by the Environmental Protection Agency (or any successor agency) as
hazardous substances (40 CFR Part 302 and amendments thereto};
(iv) Such other substances, materials and wastes which are or become regulated under
applicable Iocat, state or federal law, or the United States government, or which are classified as hazardous or toxic
under federal, state or local laws or regulations; and
(v) Any material, waste or substance which is (A) petroleum, (B) asbestos, (C}
polychlorinated bipbenyls or (D) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water
Act, 33 U.S.C. Sections 1251 et se_~g.. (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act (33
U.S.C. § 1317).
1.5 'Environmental Law~' means CERCLA; the Resource Conservation and Recover, Act of
1976, 42 U.S.C. §~6901 et.seq.; the Hazardous Materials Transpodation Act, 49 U.S.C. §§1801 at.seq.; the Clean Water
Act, 33 U.S.C. §§1251 et.seq.; and any other federal, state or local law, regulation or interpretation thereof, whether
currently in force or enacted in the future, which regulates or proscribes the use, storage, disposal, cleanup,
transportation, release or threatened release into the environment or presence of matedats or substances which have
been determined to be a nuisance or dangerous, toxic or hazardous or a pollutant or contaminant. The term includes
any licenses, permits, plans or apprOVals generated pursuant to or as a result of any such Law.
1.6 "indemnified Parties" means Seller, any past, present or future parent company of Satier
("Parent Company"}, any past, present or future affillate or supeidiaw company of Seller or Parent Company, including
assigns, of any of them.
Substances from the Property and any Other property to which Hazardous Substances originating on the Property have
migrated ("Other Property'), and the repair and mstorstion of the Property and Other Properly, regardless of whether
such aotk~ns are required by Environmental Law.
3. Indemnification.
3.1 General. Buyer shall protect, defend, indemnify and hold harmless the indemnified Par~ies
3.3 Survival. This inpemnity is intended to be operable under 42 U.S.C. Section 9607(e)(1),
4.8 Attorneys' Fees. Buyer shall reimburse Seller for all actual attorneys' fees and expenses
incurred by Seller in connection witb the enforcement of Seller's rights under this Agreement including, without limitation,
those incurred in bankruptcy and insoNency proceedings.
IN WITNESS WHEREOF, the parties hereto have executed th~s Agreement as of the date first above w(sten.
BUYER: SELLER:
THE CONSERVATION FUND, COAST FEDERAL BANK,
a Maryland Non-Profit Corporation FEDERAL SAVINGS BANK,
a Federally Chartered Capital
Stock 'rigs Bank
3
LEGAL DESCRIPTION
Exhibit 'A'
THE LAND REFERRED TO HEREIN tS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 INCLUSR/E OF COUNTY OF SAN DIEGO TRACT NO. 3526, IN THE CtTY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.
COAST
FEDERAL
BANK
VIA FEDERAL EXPRESS
July 7, 1994
Park Camino Escrow Company
3703 Camino Del Rio South, suite 100
San Diego, CA 92108
Attention: Dee Goodrich
RE: PROPERTY ADDRESS: Quail Hollow Drive and Saxony Road
(59 +/- acres of raw land)
Enoinitas, CA 92024
SELLER: COAST FEDERAL BANK, FSB
BUYER: THE CONSERVATION FUND,
a Maryland Non-Profit Corporation
ESCROW NUMBER: 30055DG
OUR FILE NUMBER: C-1750.60
TITLE ORDER NO.: 966392-4
COAST LOAN NUMBER: Not Applicable; All Cash Transaction
Dear Ms. Goodrich:
The following enclosed Coast executed documents with exhibits
attached thereto (see Section A ) and supplemental instructions
(Section B and C) are hereby enclosed to facilitate the closing
of the above-captioned property sale transaction, pursuant to
the Agreement of Purchase and Sale and Joint Escrow Instructions
entered into between Buyer (The Conservation Fund, a .Maryland
Non-Profit Corporation) and Seller (Coast Federal Bank, Federal
Savings Bank, a Federally Chartered Capital Stock Savings Bank),
dated July 6, 1994 (,'Purchase Agreement").
Section A Sale Documents Enclosed:
1. Agreement of Purchase and Sale and Joint Escrow
Instructions (3 originals);
2. Corporation Grant Deed ("Deed") (1 original and 2
copies);
3. Assignment of Leases, Contracts, Intangible Property
and Warranties (3 originals);
4. Title Exceptions (3 originals);
5. Certificate of Non-Foreign Status by Entity Transferor
("FIRPTA") (3 originals);
Page 2
6. Corporate Certification by Coast (3 originals);
7. Environmental Indemnity (3 originals);
8. Closing Statement (1 original);
9. Articles of Incorporation for The Conservation Fund (2
copies);
10. Evidence of Good Standing (2 copies); and
11. Corporate Resolution by Buyer (2 copies).
Section B General Instructions
1. With respect to the Sale Documents (Section A), please
make sure each is properly dated, signed, notarized
where necessary and where applicable in recordable
form.
In that regard as to the Sale Documents (Section A),
only one Corporation Grant Deed has been executed and
that originally executed Deed shall be recorded at
Closing and returned as noted thereon. However,
please have the two (2) executed photocopies of the
Deed stamped and conformed by the County Recorder as
immediate proof of recordation and returned to you to
include in the distribution packages to be delivered
as described hereinbelow at Paragraph 3.
2. Immediately after Closing, the following Documents
should be returned (by Federal Express) to the
undersigned on behalf of Seller and to The
Conservation Fund (Buyer):
* (1) Seller's Corporation Grant Deed (one
original conformed copy each);
(2) Assignment of Leases, Contracts, Intangible
Property and Warranties (one original each);
(3)
Title Exceptions (one original each);
(4)
FIRPTA Affidavit (one original each);
(5)
Corporate Certification (one original each);
(6)
Environmental Indemnity (one original each);
(7)
Disclosure Statement (one original each);
(8) Purchase Agreement (original to each);
(9) Closing Statement (Seller's and Buyer's to
me, Buyer's to The Conservation Fund);
Page 3
(10) CLTA Owner's Policy (original or copy of
Final Commitment dated as of closing to The
Conservation Fund, with original to follow);
(11) Articles of Incorporation for The
Conservation Fund (1 copy to Seller);
(12) Evidence of Good Standing of The
Conservation Fund (1 copy to Seller); and
(13) corporate Resolution by Buyer (1 copy to
Seller).
4. The asterisk (*) documents represent original recorded
documents which should be returned vis-a-vis the
county or state to the undersigned as noted thereon
(except the original Corporation Grant Deed which
should be returned to The Conservation Fund upon
recordation).
5. The remaining third set of original documents and
copies of the other documents should be retained by
you for your escrow file.
6. With respect to any documents whose date is blank,
please make sure the Closing Date is inserted.
Section C (Special Seller Instructions)
Notwithstanding anything to the contrary herein, your'authority
to close the above transaction and, where applicable, cause to
be recorded/filed the documents listed above, is conditioned
upon complete performance and satisfaction of the following
(most of which are included/described in the Purchase
Agreement):
1. Purchase Aareement
The terms, covenants and conditions of the Purchase
Agreement, an original of which has been included in
this package.
Page 4
2. Closing Statement
You are preparing a Tentative Adjustment Schedule
(Seller Closing Statement), showing approved
prorations and costs to be assessed Coast Federal Bank
and same must be approved and executed by duly
authorized representatives of Coast Federal Bank
before Closing.
3. Telephonic Instructions
Do not close the transaction under any circumstance
until you receive oral confirmation from me confirming
no further Closing conditions.
4. Wire Transfer Instructions
Upon complete and full satisfactory performance of
each of the above conditions precedent to Closing, you
are hereby authorized to close the transaction and
wire cash funds to Coast Federal Bank as follows:
Coast Federal Bank
Los Angeles, California
ABA #322070213
Account #18150
Re: REO #22947
ATTN: REO Accounting
5. Coast Federal Bank reserves the right to withdraw any
of the enclosed documents received herein and all
other documents submitted by Coast Federal Bank
previously at any time prior to Close of Escrow for
any reason.
Section D Assiqnment of Buyer's Interest
The parties anticipate that the Buyer's interest, pursuant to
the Purchase Agreement, will be transferred to the city of
Encinitas ("City"), prior to the Close of Escrow. Buyer shall
provide to Seller and Escrow a satisfactory form of assignment
of this interest. Seller has approved the transfer of this
interest, and there shall be no further need for instructions on
this issue, other than Seller's approval of the form of
assignment.
Page 5
Please note that unless this transaction closes on or before
August 31, 1994, unless extended by all parties in writing, then
additional instructions shall become null and void and Escrow
shall be deemed canceled and of no further force or effect.
If you any questions, please do not hesitate to contact the
undersigned.
Ve~ truly yours,
Robert M. Aronson, Esq.
Assistant Vice President/Counsel
Enclosures
cc: Deane Haskins, Esq. (w/out enc) Richard L. Erdmann, Esq. (w/out enc)
Larry Vinti, Commonwealth Land Title (w/ enc.)
Thomas Lin, Asset Management, Coast Federal Bank (w/ enc.)
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
By and Between
COAST FEDERAL BANK, FEDERAL SAVINGS BANK,
a federally chartered capital stock savings bank
("Seller")
and
THE CONSERVATION FUND,
a Maryland Non-Profit Corporation
("Buyer")
for the Property known as
SAXONY HILLS
ENClNITAS, CALIFORNIA 92024
Located South of Quail Hollow Drive
and East of Saxony Road
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ("Agreement") dated as of July ~ , 1994, is by and between COAST FEDERAL BANK,
FEDERAL SAVINGS BANK~ a Federally Chartered Capital Stock Savings Bank (referred to hereinafter as
'Seller' br "Lender"), and THE CONSERVATION FUND, a Maryland Non-Profit Corporation
(referred to hereinafler as 'Buyer").
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, Seller and Buyer agree, and establish these escrow instructions, as follows:
1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller,
subject to and upon the terms and conditions set forth in ~his Agreement, Seller's entire right, title and
interest in and to the following (collectively, "Property"): (a) that certain real property located in the City of
Encinitas, in the County of San Diego ("County"), State o[ California ("State"), more particularly described
in Exhibit 'A" attached hereto ('Real Property").
2. Purchase Price. The purchase price for the Property shall be One Million Four Hundred
Thousand and No/100 Dollars ($1,400,000.00) ("Purchase Price").
3. Pa~nent of Purchase Price.
3.1 Deposit. Upon acceptance of this Agreement, but no later than the Contingency
Dale, Buyer shall deposit with Park Camino Escrow Company, 37(}3 Camino Del Rio South, Suite 100, San
Diego, California 92108 ('Kscrow Holder") a deposit in the aggregate sum of Two Hundred Thousand and
No/100 Dollars ($200,0(10.00) ('Deposit"). The Deposit shall be payable in two installments. Within one (1)
business day following the execution of this Agreement by Buyer and Seller, Buyer shall deposit the first
installment of the Deposit ('Initial Deposit") by paying the sum of Fifty Thousand and No/100 Dollars
($50,0~0.00) by its check made payable to Escrow Holder; the second installment ("Final Deposit") shall be
paid to Escrow Holder for credit hereto on or by the Contingency Date (as defined in Paragraph 6.1 of this
Agreement), in cash or cash equivalent (which for purposes of this Agreement shall mean a wire transfer of
immediately available f~nds or a bank cashier's check of immediately available funds drawn on a reputable
bank or savings and loan association licensed to do business in the State and acceptable to Seller), in the
amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00), Escrow Holder shall invest the
Deposit in a non-term, interest-bearing passbook account with a FDIC-insured financial institution located
in the County and designated by Buyer, with all interest thereon to be paid to the account for Buyer's benefit.
On the day after the Contingency Date (as defined in Paragraph 6.1 of this Agreement), Escrow Holder shall
pay to Seller the Deposit and the interest thereon ("Deposit Interest") without further instruction from Buyer.
3.2 Cash Payment. On or before (1) business day prior to the Close of Escrow, Buyer
shall deposit into Escrow (as defined in Paragraph 5 of this Agreement), in cash or cash equivalent, the
amount of One Million Four Hundred Thousand and No/100 Dollars ($1,400,000.00), subject to Buyer's share
of prorations and adjustments, closing costs and any other obligations of Buyer hereunder, and minus those
funds actually paid by Buyer to the Escrow Holder, including, without limitation, the Deposit, together with
interest thereon (collectively, "Cash Payment").
3.2.1 Duplication Costs. Buyer shall deposit with Seller the sum of One Thousand
and No/100 Dollars ($1,000.00) which represents the duplication costs of the due diligence materials described
in Paragraph 6 below, which materials have been or will be provided to Buyer from Seller ('Duplication
Costs'). In the event that all contingencies described in this Agreement have been satisfied, the Duplication
Costs shall be credited toward the Cash Payment at Close of Escrow. In the event that this Agreement is
terminated by either party, Buyer shall be entitled to a refund of the Duplication Costs if: (i) such termination
has not occurred as a result of any default by Buyer, and (ii) Buyer has returned all of the due diligence
materials described herein to Seller.
4. Condition of Title and Deed. At the Close of Escrow, Seller shall convey to Buyer by a
corporation grant deed in the form attached hereto as Exhibit "B" ("Deed") fee simple title to the Real
Property, subject only to the following matters (collectively, "Approved Title Conditions'): (a) real property
general and special taxes and assessments not delinquent and the lien of supplemental assessments; (b) the
exceptions to the title set forth on Exhibit "D' ("Title Exceptions")atlached hereto which are approved by
Buyer pursuant to Paragraph 6.1.1, as issued by Commonwealth Land Tide Company ('Title Company") in the
form of the Title Report, as defined below; (c) matters affecting the condition of title to the Property created
by or with the written consent of Buyer; and (d) such other matters as may appear of record and be approved
or waived by Buyer.
5. Escrow. An escrow ("Escrow") shall be opened with Escrow Holder for the consummation
of Ihe transactions contemplated herein upon the delivery into Escrow of Ibis Agreement within one (1)
SaXOnF*P~A-C.
06/29/94 1
business day following its execulion by Buyer and Seller ("Opening of,Escrow"). Escrow shall close ("Close
of Escrow") on a date ("Closing Date") no later than August 31, 1994. Should the Closing Date fall on a
Saturday, Sunday or national, state or local holiday, or a holiday recognized by Seller, the Closing Date shall
occur on the next business day that is not a national, state or local holiday, or a holiday recognized by Seller.
This Agreement shall be null and void and of no further effect unless it is executed and delivered by Buyer
to the Escrow Holder no later than the close of business on August 31, 1994. To the extent any general
escrow provisions which are furnished by the Escrow Holder conflict with any provisions of this Agreement,
this Agreement shall control.
6. Conditions,
6.1 Conditions Precedent to the Contingency Date. Buyer's obligations to purchase the
Property are subject to tho satisfaction, not later than June 30, 1994, ("Contingency Date") of each of the
following conditions. These conditions shall be either approved or disapproved in writing by Buyer on or
before the Contingency Date set forth herein or shall be deemed approved conclusively if no writ ten disapprov-
al has been submitted by Buyer to Escrow Holder and Seller as of the Contingency Date. Buyer's approval
of any of these conditions shall not be unreasonably withheld.
6.1.1 TItl~e. As of Opening of Escrow, Seller shall deliver to Buyer, a standard
preliminary title report relating to the Real Property ("Title Report") and copies of all recorded documents
relating to the exceptions shown ('Title Documents"). Buyer shall have until the Contingency Date to deliver
to Seller and Escrow Holder written notice of Buyer's approval or disapproval of the matters of title shown
in the Title Documents ("Buyer's Title Notice"). Buyer's Title Notice shall specify the grounds of any
disapproval.
6.1.1.1 If Buyer properly disapproves any such items, Seller shall then have
the right, but not the obligation, in Seller's sole discretion, to attempt to cure or remove the objection. Seller
shall exercise its right to attempt to cure or remove the objection by depositing notice into Escrow with a copy
to Buyer within five (5) business days after Seller's receipt of Buyer's Title Notice. Failure or refusal of Seller
to deposit such notice electing to attempt to cure or remove Buyer's objections shall be deemed an election
by Seller not to attempt to so cure or remove lhe objections.
6.1.1.2 If Seller elects to cure or remove Buyer's obiections, then Seller shall
have until the Close of Escrow lo cure or remove said objections. Seller shall be deemed lo have cured
Buyer's objections if Title Company commits to provide insurance coverage within Buyer's Title Policy (as
defined in Paragraph 9 of this Agreement) against loss sustained by reason of the matters objected to by Buyer.
6.1.1.3 If Title Company requires a survey or physical inspection of the
Property in connection with the issuance of an ALTA title insurance policy, the deadlines for the following
items shall be extended to accommodate said survey or inspection for a period not to exceed five (5) business
days: (a) the issuance of the Title Report; and (b) Buyer's Title Notice. This paragraph shall not extend the
Contingency Date with respect to any other rights or obligations, nor shall it extend the Closing Date.
6.1.2 Operating Documents. Within ten (10) days after the Opening of Escrow,
Buyer shall receive the following documents and materials respecting the Property and its operation, but only
to the extent they exist and are available and in the possession and control of Seller: (i) governmental agency
approvals, entitlement assessments, applications, permits, surveys, engineering reports or plans, soils or geology
reports, if any;, (ii) copies of the most recent bills issued for the real property ~axes and assessments against
the Real Property;, (iii) copies of all service contracls and agreements, if any, relating ~o Ihe operalion of the
Property ('Service Contracts') in effect and copies of all applicable warranties affecting the Property; and (iv)
a copy of that certain Environmental Site Assessment, dated September 11, 1992 and supplemented January
26, 1993, as updated June 6, 1994, prepared by Diagnostic Engineering, Inc., attached hereto as Exhibit 'H'
('Phase 1 Report'). Seller shall use its reasonable efforts to provide Buyer with such documents and materials
as set forth below by Opening of Escrow. Said documents are being furnished without Seller's representations
or warranty as to their accuracy or their completeness.
6.1.3 Inspection of Property.
6.1.3.1 On or before Ihe Contingency Date, Buyer shall have compleled and
approved or disapproved the results of any and all inspections, investigations, tests and studies, with respect
to the Property as Buyer may at Buyer's reasonable discretion elect to make or obtain (including, wilhout
limitation, investigations with regard to the environmental condition, zoning, building codes and other
governmental regulations, archilectural and/or structural inspections, mechanical, engineering tests, economic
feasibility studies and soils, seismic, geologic and environmental reporls). The cost of any such inspections,
tests, reviews, reports and studies shall be borne exclusively by Buyer. Notwithstanding anything stated above,
Buyer shall not engage in any destructive testing or cause any physical damage Io the Property wilhout Seller's
prior written consent. Buyer shall indemnify and hold Seller, its property manager and the Property free of
and harmless from any and all claims (including mechanics' liens), liabilities, losses, damages, cosls and
expenses, including, without limitation, attorneys' fees and costs caused by or arising out of the activities of
Saxony. PSA-C.
terms hereof or otherwise. Notwithstanding any contrary provisions hereof, this indemnification shall survive
the termination of this Agreement, the cancellation of Escrow or the Close of Escrow.
6.1.3.2 In the event that Buyer reasonably disapproves of the condition of
the Property as provided herein, Buyer shall deposit with Escrow Holder prior to the Contingency Date, with
a copy to Seller, a writing identifying the items disapproved and specifying the reasons for the disapproval,
along with a copy of any reports test results or other documents verifying the disapproved condition.
6.1.3.3 If Buyer disapproves any such items, Seller shall then have the right,
Buyer within five (5) business days after Seller's receipt of Buyer's notice. Failure or refusal of Seller to deposit
Seller shall have until the Close of Escrow lO cure or remove said objections.
6.1.3.4 The Phase I Report is being provided by Seller to Buyer for
Buyer agrees to hold the Phase I Report and its contems and findings in the strictest of confidence and agrees
Pha~e I Report, its findings or contents to any individual, firm, proprietorship, association, trust, partnership,
corporation or any other entity, provided, however, that Buyer may provide a copy of the Phase I Report to
its legal cofinsel of record on the condition that such person agrees in writing to hold such Phase I Report
subject to the same restrictions as set forth herein. The obligations to safeguard Ihe confidentiality of said
or the Close of Escrow. Buyer acknowledges, understands, represents and agrees that: (1) Buyer is purchasing
the Property in an 'AS-IS CONDITION' '~VITII ALL FAIJLTSH; (2) Buyer is not relying upon and shall not
rely upon the Phase I Report in purchasing the Property; and (3) Buyer shall conduct or cause to he
conducted, in its sole discretion, an independent investigation, inspection, survey and analysis as it deems
6.1.3.5 Buyer shall also have the right to meet with all city, county, district
and other governmental agencies and entities, and with all entities or persons engaged by Seller in connection
with the sale of the Property. Buyer may further make application to the Federal Housing Authority, the
foregoing, Buyer shall take no action to hinder, delay or interfere with any person or entity referenced herein,
especially with respect to any person or entity engaged by Seller related to the sale of the Property, and any
such interference shall constitute an event of default pursuant to Paragraph 21.2 herein.
feasibility study or application process for tentative map approval for the Property. Seller shall agree to
approved the documents and the disclosures listed in Exhibit "IH CDisclosure Statement~). Buyer shall be
notifies Seller of its disapproval, in writing, on or before the Contingency Date. Seller is providing the
provided, Buyer may terminate this Agreement and cancel Escrow by reason of Buyer's disapproval prior to
the Contingency Date of any of the items set forth in Paragraphs 6.1.1, 6.1.2 6.1.3, and 6.1.4, which Seller
elects not to cure or remove as provided, in which case lhe Initial Deposit and interest Ihereon shall he
returned to Buyer and the cancellation charges required to be paid to Escrow Holder shall be divided equally
as provided in Paragraph 3,2.1 herein. Notwithstanding any provision to the contrary stated herein, the Deposit
precedent: ti) Buyer shall have delivered to Escrow Holder, for disbursement as herein set forth, the Cash
Payment; (ii) Buyer shall have delivered to Escrow Holder the documents described in Paragraph 7.2 below,
duly executed and acknowledged as provided therein; (iii) Buyer's representations, warranties and covenants
set forth in Paragraph 13 shall be true and correct in all material respects as of the Closing Date; (iv) Buyer
shall have complied with all of Lender's loan application and credit underwriting requirements including those
set forth in Paragraph 3.2.2; tv) Buyer shall nol have represented itself as the owner or lessor of the Property
for any purpose including, without limitation, for marketing the Property, pursuing any lease commilment or
negotiating any lease, sale or development at or affecting the Property, nor shall Buyer have taken any action
whatsoever that adversely affects or impacls occupancy, operation and/or marketing of and at the Property.
Notwithstanding anything to the contrary in this Subparagraph 6.3 herein, Buyer may reasonably consult with
Seller's current property management agem(s) in determining market rental rates and terms to be offered
during the pendency of Escrow. However, final decisions during the Escrow concerning rental rates and terms
will be reasonably established by Seller.
6.4 Mutual Condition Precedent to Close nf Escrow. The Close of Escrow and the
obligations of both Buyer and Seller under this Agreement are subject to the satisfaction, no later than the
Closing Date, of the following conditions precedent as of the Closing Date, Title Company shall have issued,
or shall have committed to issue, Buyer's Tille Policy (as defined in Paragraph 9 of this Agreement) to Buyer.
6.5 Failure of Conditions Precedent to Close of Escrow.
6.5.1 Title and CondiBon of Property. In the event that Buyer's Title Policy is not
in conformity with the matters approved by Buyer as provided in Paragraph 4 as of the Closing Date or Buyer
has reasonably disapproved of the condition of the Property pursuant to Paragraph 6.1.3, and Seller has elected
not to attempt to remedy or cure the defects or objections, or is unable to do so, then Buyer either shall
terminate this Agreement and cancel Escrow or waive the objections and purchase the Property without such
objections being so remedied and with no reduction in the Purchase Price, and such election shall be Buyer's
sole remedy.
6.5.2 Other Conditions Precedent. In the event any of the conditions set forth
in Paragraph 6.3 or 6.4 are not timely satisfied or waived: ti) this Agreement shall terminate, the rights,
obligations and liabilities of Buyer and Seller shall terminate, and Escrow shall be canceled, except as
otherwise provided herein; (ii) Escrow Holder shall promptly return to Seller and Buyer all funds (except as
provided for in Paragraph 6.5.2(iii) hereinbelow) and documents respectively deposited by them into Escrow
which are held by Escrow Holder on the date of said termination and cancellation less Ihe amount of any
cancellation charges required to be paid by such party under Paragraph 6.6; and (/ii) if any condition set forth
in Paragraph 6.3 (i) through (v), respectively, was not limely satisfied or waived, Seller shall retain or shall be
entitled to the receipt from Escrow Holder of the Deposit and the Deposit Interest. Ho,~ever, if the
unsatisfied, unwaived conditions relate exclusively to Paragraph 6.4, Seller shall return to Buyer the funds
actually delivered by the Buyer to Escrow Holder, with interest thereon.
in Paragraph 6.3, the cancellation charges required to be paid to Escrow Holder shall be borne by Buyer, and
all olher charges shall be borne by the party that incurred the charge; (ii) the non-satisfaction of any condition
set forth in Paragraph 6.4, the cancellation charges required to be paid by and to Escrow Holder shall be
equally divided between Buyer and Seller, and all other charges shall be borne by the party that incurred the
charge; (iii) any default by Buyer or Seller, the cancellation charges required to be paid by and to Escrow
Holder shall be borne by the defaulting party; and (iv) the mulual agreement of Buyer and Seller, Escrow
Holder's fees and all other costs shall be divided equally between Buyer and Seller.
7. Deliveries to Escrow llulder.
7.1 Deliveries by Seller. Seller shall deliver Io Escrow on or prior to the Closing
Date, duly executed and acknowledged as required, each of the Ihllowing: ti) the Original Deed; (iii) the
original Assignment of Leases and Contracts, in the form attached as Exhibit "C" ("General Assignment");
(iv) an affidavit certifying that Seller is not a "foreign person' under Ihe Foreign Investment in Real Property
Transfer Act, in the form attached as F~xhibit "E' ("FIRPTA Affidavit"); tv) corporate resolutions or certificates
in form and substance satisfactory to Title Company; and (vi) a closing statement as prepared by Escrow
Holder.
7.2 Deliveries by Iluyer. Buyer shall deliver, duly execute and acknowledge as
required, each of the following: ti) the original General Assignment, countersigned by Buyer; (ii) such proof
of Buyer's authority and authorization to enter into this Agreement and thc transactions contemplated hereby,
and such proof of the power and authority of the individuals executing and/or delivering any instruments,
documents or certificates on behalf of the Buyer to act for and bind Buyer as reasonably may be required by
Title Company, Lender or Seller; (iii) the Cash Payment; and (iv) a closing statement as prepared by Escrow
Holder.
8. Deliveries to Buyer Ur, on Close of F. scrow. To the extent available and wilhin the possession
or control of Seller, Seller shall deliver to Buyer, on or before the Closing Date, the following items, the
delivery of which shall not be a condition to the Close of Escrow: any existing Servic~ Contracts, to the
extent continuing in effect.
9. Title Insurance. At the Close of Escrow, Buyer and Seller shall cause Title Company to issue
to Buyef a standard coverage CLTA owner's title insurance policy showing fe~ title to the Real Property vested
in Buyer, and with coverage in the amount of Ihe Purchase Pric~ ("Buyer's Title Policy"), subject only to Title
Company's standard printed exceptions, and to the Approved Title Conditions. Buyer may request an
extended-coverage CLTA owner's policy or an ALTA owner's policy, provided that Buyer pays the difference
between the cost of the standard policy and the more ex~nsive policy, and that Buyer shall be responsible for
obtaining and paying the cost of any survey requested by Title Company.
10. Costs and Expenses. Seller shall pay for any and all documentary Iransfur taxes, or equivalent
or like taxes incurred in the Closing of this transaction. Seller and Buyer shall additionally divide equally all
recording and filing fees and escrow fees incurred in connection with this transaction. Seller shall pay the
entire cost of the standard-coverage premium for Buyer's TitIe Policy. Buyer shall pay the additional premium,
if any, for Buyer's extended coverage or ALTA owner's title insurance policy and the cost of any survey
required therefor. Each party shall be responsible for its own attorneys' fees incurred in connection with the
review, negotiation and preparation of this Agreement, the Eshibits attached to this Agreement and any other
agreement, instrument or document prepared by Buyer's or Seller's legal counsel in connection with this
transaction.
11. Prorations nnd Adjustments.
1 L1 Genernl. All expenses from and of the Property, including delinquent rents, prepaid
rents, real estate taxes and operating expenses, shall be prorated as of 11:59 P.M. on Ihe day preceding Ihe
Close of Escrow in accordance with the provisions set forth below. Any apportionments and prorations which
are not expressly provided for below shall be made in accordance with customary practice in the County.
11.2 Schedule. Buyer and Seller agree to prepare a schedule of tentative adjustments prior
to the Closing Date. Such adjustments, if and to the extent known and agreed upon as of the Close of Escrow,
shall be paid by Buyer to Seller (if the prorations result in a net credit to the Seller) or by Seller to Buyer (if
the prorations result in a net credit to the Buyer) by increasing or reducing the Cash Payment to be paid by
Buyer at the Close of Escrow. Any such adjustments not determined or not agreed upon as of the Close of
Escrow shall be paid by Buyer to Seller, or by Seller to Buyer, as the case may be, in cash or cash equivalent
as soon as practicable following the Close of Escrow but in any event not later than sixty (60) calendar days
after the Closing Date. A copy of the schedule of adjnstments as agreed upon by Buyer and Sefier shall be
delivered to Escrow Holder at least two (2) business days prior to the Closing Date.
12. CIosfu~: Recording and Disbursements. On or before the Closing Date and when all
conditions precedent have been satisfied, Escrow Holder shall close Escrow by proceeding as follows: (i) cause
the Deed and any other documents which the parties mutually designate to be recorded or filed in the Official
Records or the appropriate State Office, as the case may be, and obtain conformed copies thereof for
distribution to Buyer and Seller (the Deed shall state that after recording the document is to be returned to
Buyer; (ii) disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price and
any other obligations hereunder as follows: (a) deduct from the account of Seller all items chargeable to Seller
under this Agreement, including amounts due under Paragraphs 9, I0 and 19, and under Paragraph 11 if the
prorations result in a debit to Seller's account; (b) credit to the account of Seller all items due to Seller under
this Agreement, including any amounts due under Paragraph 11 if the prorations result in a credit to Seller's
account; (c) disburse to Seller by wire transfer promptly upon the Close of Escrow the remaining amount due
to Seller; and (d) any funds remaining after deducting Buyer's share of the closing costs and expenses, Buyer's
share of the prorations and adjustments, if any, and all other amounts chargeable to Buyer under this
Agreement, shall be returned to Buyer by Escrow Holder's check; (iii) direct the Title company to issue
Buyer's Title Policy to Buyer; (iv) disburse to Buyer the fully executed original of the General Assignment and
the FIRPTA Affidavit together with a conformed copy of the Deed, the Environmental Indemnity, the Closing
Statement, the Certification and any other documents deposited into E~scrow by Seller pursuant hereto; (v)
disburse to Seller a conformed copy of the Deed, General A~signment, the FIRPTA Affidavit, the Closing
Statement as executed by both Buyer and Seller and any other documents deposited into Escrow by Buyer
pursuant hereto; and (vi) disburse to Seller the Environmental Indemnity, Certification, including a copy of
the Closing Statement as executed by all parties.
13. Buyer's Representations and Warranties. In addition Jo any express agreements of Buyer
contained herein, the following constitute representations and warranties of Buyer and shall be true and
correct as of the Closing Date, and shall survive the recordation of the Deed and the Close of Escrow:
13.1 Power. Buyer has the legal power, right and authority to enter into this Agreement
and the instruments referenced herein, and to consummate the transaction contemplated hereby.
Saxony. PSA-C.
13.2 Reauisite Action. All requisite action (corporate, trust, partnership or otherwise) has
been taken by Buyer in connection with the entering into this Agreement and the instruments referenced
herein and the consummation of the transaction contemplated hereby. No further consent of any shareholder,
creditor, investor, judicial or administrative body, governmental authority or other party is required.
13.3 Authority. Ti~e individuals executing this Agreement on behalf of Buyer represent
and war~'ant that they have the legal power, right and actual authority to bind Buyer to the terms and
conditions hereof.
13.4 Validity. This Agreement and all documents required hereby to be executed by Buyer
are and shall be valid, legally binding obligations of, and enforceable against, Buyer in accordance with their
terms, subject to bankruptcy, insolvency and other limitations on creditors' rights.
13.5 Conflicts. Neither the execution and delivery of this Agreement and the documents
referenced herein, nor the incurring of the obligations set forth herein, nor the consummation of the
transaction contemplated herein, nor compliance with the terms of this Agreement and the documenls
referenced herein, conflicts with or results in the material breach of any terms, conditions or provisions of,
or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture,
mortgage, deed of trust, loan partnership agreement, lease or other agreement or instrument to which Buyer
is a party.
13.6 Back-Up Offers. Buyer acknowledges, under~tands, represents and warrants that
Seller shall have the right to continue to offer the Property for sale and accept "Back-Up" Offers until and
including the Contingency Date. In the event that Buyer terminates this Agreement pursuant to Paragraph 6.2
herein, Seller shall immediately be entitled Io offer the Property for sale to any party. In Ihe event that Buyer
approves or waives all conditions referenced in this Agreement, and has fully performed ali of its obligations
hereunder, Seller shall not be entilled to further offer the Property for sale after the Contingency Date.
14. As-ls Purchase. Buyer has made, or will by Close of Escrow have made, an on-site inspection
of the Property, the books and records relating to the operation of ~be Property, and/or has otherwise
investigated the Property, ils operations, zoning, title matters, governmental agency approvals, applications,
permits, surveys, engineering reports or plans, soils or geology reports, entitlement assessments, environmental
condition and the like as available to Buyer's satisfaction. Except as specifically provided Id the contrary in
this Agreement, Seller is fully and completely released from all responsibility and liability regarding the
condition, fitness, suitability, valuation and/or utility of the Property. Buyer expressly acknowledges that Buyer
is buying Ihe Property in an 'AS-IS' condition and Buyer has not relied on any warranties, promises,
understandings or representations, express or implied, of Seller or any agent of Seller relating to the Property
and all aspects thereof. Buyer acknowledges that the feasibility, marketing reporls, and all other materials
referenced in this Agreement, or information of any type including any environmental reports that Buyer has
received or may receive from Seller or Seller's agents is furnished on the express condition that Buyer shall
or would make an independent verification of the accuracy of any or all such information, all such information
being furnished without any wa rranty whatsoever (express or implied), except as otherwise specifically provided
in this Agreement. Buyer agrees that it will not attempt to assert any liability against Seller, the Related
Persons (as defined in Paragraph 16 of this Agreement) and any olher third parties for furnishing such
information.
15. Condemnation and Destrurtion.
15.1 Uniform Act. This Agreement shaU be governed by Ihe Uniform Vendor and
Purchaser Risk Acl as set forth in Section 1662 of the California Civil Code ("Act") as supplemented by this
Paragraph 15. For purposes of the Act, (a) a taking by eminent domain of the portion of the Property shall
be deemed to affect a 'material part" of the Property if the eslimated value of the portion of the Property
taken exceeds twenty percent (20%) of the Purchase Price, (b) the destruction of a "material part" of the
Property shall be deemed to mean an insured or uninsured casualty to the Property following Buyer's
inspection of the Property and prior to the Close of Escrow having an estimated cost of repair which equals
or exceeds twenty percent (20%) of the Purchase Price.
15.2 Definitions. For purposes of this Paragraph 15, (a) the phrase "estimated value" shall
mean an estimate obtained from a reputable M.A.I. appraiser selected by SelIer and approved by Buyer, ann
(b) the phrase ~esfimated cost of repair" shall mean an estimate obtained from an independent contractor
selected by Seller and approved by Buyer. Buyer shall not unreasonably withhold or delay ils approval under
Ihis Paragraph.
15.3 Notice; Credit to Iluyer. Either Buyer or SeIler shall have the right to lerminate Ibis
Agreement if all or a material part of the Property is destroyed or a material part of the Property is taken by
eminent domain. Buyer or Seller shall give written notice of its election to terminate this Agreement under
the Act within five (5) business days after first having knowledge of any damage to or condemnation of the
Property which entitles Buyer or Seller to terminate this Agreement. If Buyer or Seller does not give such
notice, then this Agreement shall remain in full force and effect and there shall he no reduction in the
Purchase Price, but Seller shall, at the Close of Escrow, assign to Buyer (a) any insurance proceeds payable
with respect to such damage, or (b) the entire award payable with respect to such condemnation proceeding,
whichever is applicable, and Buyer shall assign to Seller as security for the Loan all such proceeds or awards,
which amounts shall be allocated between Buyer and Seller under thc Deed of Trust as if the destruction or
taking had occurred during the term of the Loan.
,16. Indemnification. Seller hereby agrees to indemnify Buyer and its employees, directors,
officers, agents and affiliatez against, and to hold such parties harmless from, all claims, demands, liabilities,
losses, damages, costs and expenses, including, without limitation, attorneys' fees and costs, incurred by such
parties in connection with the Property and arising from the acts or omissions of Seller occurring during
Seller's ownership of the Property and prior to the Close of Escrow. Buyer hereby agrees to indemnify Seller,
any past, present or future Parent Company (~Parent Company") of Seller, any past, present or future affiliate
or subsidiary company of Seller or Parent Company, including the employees, agents, representatives, directors,
officers, shareholders, attorneys, accountants, successors and assigns, of any of them (collectively, the "Related
Persons") against, and to hold such parties harmless from all claims, demands, liabilities, losses, damages, costs
and expenses, including, without limitation, attorneys' fees and costs, incurred by such parties in connection
with the Property and arising from acts or omissions of Buyer or the City (as defined below) occurring at any
time and from any and all claims, demands, liabilities, damages, costs and expenses, including, without
limitation, attorneys' fees and costs, of whatever kind or nature based upon acts or omissions of Buyer or the
City (as defined below) resulting from or in any way connected with the environmental condition of the
Property which occur after the Close of Escrow and for any acls or omissions of Buyer related to the
environmental condition of the Property committed by Buyer or the City (as defined below) at any lime.
16.1 Indemnity Re City of Encinflas. The parties understand and agree that prior to the
Close of Escrow, the right to purchase the Property under this Agreement will be transferred by Buyer to the
City of Encinitas CClty'). Buyer agrees to indemnify Seller and the Related Persons, and to hold such parties
harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including, without limitation,
attorneys' fee~s and costs, incurred by such parties in connection with the transfer of the right to purchase
Property by Buyer to the City. This indemnity shall survive the Close of Escrow.
17. Release. Buyer hereby waives and releases any claims against Seller and the Related Persons
pertaining to the existence, release or threatened existence or release of Hazardous Substances (as defined in
Paragraph 17.2 of this Agreement) at, on, under, about, above, or adjacent to the Property or the
environmental condition of the Property, including, without limitation, claims arising under one or more
Environmental Laws (as defined in Paragraph 17.1 of this Agreement).
17.1. Environmental Laws. Environmental Laws shall mean any and all federal, state,
municipal and local laws, statutes, ordinances, rules, regulations, orders and decrees, whether statutory or
common law, as amended from lime to time, now or hereafter in effect, or promulgated, pertaining to the
environment, public health and safety and industrial hygiene, including the use, generation, manufacture,
production, storage, release, discharge, disposal, handling, treatment, removal, decontamination, clean-up,
transportation or regulation of any Hazardous Substance as defined in Paragraph 17.2 of this Agreement.
Environmental Laws shall include, without limitation, the Comprehensive Environmen tel Response Compensa-
tion Liability Act of 1980 CCERCLA'), 42 U.S.C. Sections 9601, et seq., the Resource Conservation and
Recovery Act of 1976 ('RCRA'), 42 U.S.C. Sections 6901, et seq., the Hazardous Materials Transportation
Act, 49 U.S.C. Section 1801 et seq., and the California Health and Safety Code Section 25100, et seq., as
amended from time Io time. This definition shall not be construed or interpreted to limit or restrict any
definition or provision of any Exhibit to this Agreement.
17.2 llazardous Substance. Hazardous Suhstance shall mean any hazardous substance,
hazardous waste or hazardous material as defined in one or more Environmental Laws, petroleum
hydrocarbons including crude oil or any fraction thereof, asbestos, polychlorinated bipbenyls, any noxious,
toxic, flammable explosive or radioactive substance, waste, material, or matter, and any other substance,
material, waste or matter now or hereafter regulated by one or more Environmental Laws. This definition
shall not be construed or interpreted to limit or restrict any definition or provision of any Exhibit to this
Agreement.
18. Nofiees. All notices or other communications required or permitted hereunder shall be in
writing, and shall be personally delivered (including by means of professional messenger service) or sent by
registered or certified mail, postage prepaid, return receipt requested or by recognized overnight air courier
(e.g., Federal Express) and shall be deemed received upon the date of receipt thereotand addressed as follows:
Buyer: The Conservation Fund
1800 N. Kent Street, Suite 1100
Arlington, Virginia 22209
Atto: Richard L. Esdmann
(703) 525-~300 Telephone
(703) 525-4610 Facsimile
With a Copy To: Deane Haskins, ESq.
Law Offices of Deane Haskins
5080 Shoreham Place, Suite 102
San Diego, CA 92122
(619) 550-1002 Telephone
(619) 550-0044 Facsimile
Seller: Coast Federal Bank, Federal Savings Bank
Asset Management Division
10O0 Wiishire Boulevard
21st Floor
Los Angeles, CA 90017
Attn: Thomas Lin
(213) 362-2300 Telephone
(213) 362-2398 Facsimile
With a Copy to: Coast Federal Bank,
Federal Savings Bank
Legal Division
18000 Cha~sworth Street
Granada Hills, CA 91344-5676
Attn: Robert M. Aronson, Esq.
(818) 366-8625 Telephone
(818) 360-8131 Facsimile
Escrow Holder: Park Camino Escrow Company
3703 Camino Del Rio South, Suite i00
San Diego, CA 92108
Attn: Dee Goodrich
(619) 282-3200 Telephone
(619) 282-5201 Facsimile
Title Company: Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, CA 92108
Attn: Larry Vinti
(619) 686-2140 Telephone
(619) 686-6001 Facsimile
Notice of change of address shall be given by written notice in the manner detailed in this paragraph.
19 Broker's Commissions, Seller and Buyer represent and warrant to one another, and each
indemnifies the other regarding such representation, that neither party has engaged a real estate broker or
agent or finder in connect/on with the transaction contemplated by this Agreement, or to its knowledge is
in any way connected with such transaction. This indemnification clause shall survive the Close of Escrow,
the termination of this Agreement, or the cancellation of Escrow.
20 Further Assurances. Buyer and Seller agree to execute all such instrumenls and
documents and to take all actions pursuant to the provisions hereof to consummate the purchase and sale
herein contemplated and shall use their reasonable efforts to accomplish the Close of Escrow in
accordance with the provisions hereo£
21. Legal and F~uitable Enforcement of this Agreement.
21.1 DEFAULT BY SELLER. EXCEPT AS PROVIDED HEREIN, 1N THE EVENT
THE CLOSE OF ESCROW AND THE CONSUMMATION OF THE TRANSACTION
CONTEMPL. a. TED HEREIN DO NOT OCCUR BY REASON OF ANY DEFAULT BY SELLER,
AND PROVIDED BUYER SHALL NOT BE IN DEFAULT UNDER THIS AGREEMENT, BUYER'S
SOLE AND EXCLUSIVE REMEDY SHALL BE THE RETURN OF ALL FUNDS PAID BY BUYER
TO ESCROW HOLDER TOGETHER WITH INTEREST THEREON, THE PAYMENT BY SELLER
OF ANY CHARGES REQUIRED TO BE PAID BY OR TO ESCROW HOLDER OR TITLE
COMPANY. THIS REMEDY IS IN LIEU OF ALL OTHER REMEDIES BUYER MAY HAVE AT
LAW OR IN EQU1TY, INCLUDING THE SPECI~ pEI~:ORMANCE OF THIS AGREEMENT
~/~/D BEfIT-OF-THE-BARGAIN MONEY
06/29/94 8
21.2 DEFAUI.T BY BUYER. IN THE EVENT THE CLOSE OF ESCROW DOES
NOT OCCUR AS PROVIDED BY REASON OF ANY DEFAULT OF BUYER, BUYER AND
SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO
ESTIMATE THE DAMAGES WHICH SELLER MAY SUFFER. THEREFORE BUYER AND
SELLER HEREBY AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET
DETRIMENT SELLER WOULD SUt-~e.R IN THE EVENT BUYER DEFAULTS AND FALLS TO
COMPDETE THE PURCHASE OF THE PROPERTY HEREUNDER IS AND SHALL BE, AS
SELLER'S SOLE AND EXCLUSIVE REMEDY, WHETHER AT LAW OR IN EQUITY, AN
AMOUNT EQUAL TO THE DEPOSIT PLUS ACCRUED INTEREST THEREON. SAID AMOUNT
SHALL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS
AGREEMENT BY BUYER, ALL OTHER CLAIMS TO DAMAGES OR OTHER REMEDIES BEING
HEREIN EXPRESSLY WAIVED BY SELLER. UPON DEFAULT BY BUYER, THIS AGREEMENT
SHALL BE TERMINATED AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR
OBLIGATIONS HEREUNDER, EACH TO THE O~ R, E~,.CEPT FOR THE RIGHT OF SELLER
TO COLLECT SUCH LIQUIDATED DAMAGES F~.C ~1 B~YER AND ESCROW HOLDER AS
HEREIN PROVIDED.
23. Assignment. Buyer shall not assign, f~_er ~6r convey any of Buyer's rigbls and
obligations under this Agreement, except as provided for in Paragraph 16.1 herein, without the prior
written consent of Seller, which consent Seller may withhold in its sole and absolute discretion. All
rights, title and interest in and to this Agreement and the Property shall inure to and benefit any
permitted assignee with all obligations and liabilities thereunder being assumed by such assignee.
J o,t t. Additionally, Buyer shall not a~'sign the right to acquire the Property or nominate another
party to acquire title to the Property or resale the Property through a "Double Escrow" without Seller's
prior written consent, which consent may be withheld in Seller's sole and absolute discretion.
Notwithstanding the foregoing, Buyer shall have the right without obtaining Seller's consent, Io assign its
right to any partnership in which Buyer is the managing general partner, or to any corporation in which
the Buyer is the majority shareholder (i.e. 51% or greater).
24. Leasing. Until the Close of Escrow, Seller shall be authorized in its reasonable discretion
without any obligation whatsoever, to continue to execute new rental agreements and lease modifications
in the orflinaq' course of leasing, operation and management of the Property.
25.1 Partial Invalidity. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, shall not be affected thereby, and each such other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
25.2 Waivers. No waiver of any breach of any covenant or provision herein contained
shall be deemed a waiver of any preceding or succeeding breach Ihereof, orof any other covenant or
provision herein contained. No extension of time for performance of any obligation or act shall be
deemed an extension of the time for performance of any other obligation or act.
25.3 Survival of Representations. Except as otherwise provided, the covenants,
agreements, representations and warranties made herein shall survive the Close of Escrow and shall not
merge into the Deed.
25.4 Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the heirs, devisees, legatees, personal representatives, administrators, executors and the
successors and assigns of the parties hereto.
25.5 Professional Fees. In the event of the bringing of any action or suit by a party
hereto against another party hereunder by reason of any breach of, or to enforce, any of the covenants,
agreements or provisions on the part of the other party arising out of this Agreement, then in that event
the prevailing party shall be entitled to have and recover of and from the other part all costs and expenses
of the action or suit, including reasonable attorneys' fees, accounting and engineering fees, and any other
professional fees resulting therefrom.
25.6 Entire Agreement. This Agreement (including all exhibits attached hereto) is the
final expression of, and contains the entire agreement between, the parties with respect to the subject
matter hereof and supersedes all prior understandings with respect thereto, including all prior letters of
intent. This Agreement may not be modified, cbanged or supplemented, except by written instrument
signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly
permitted herein. The parties do not intend to confer any benefit hereunder on any person, firm or
corporation other than the parties hereto.
25.7 Time of Essence. Time is strictly of the essence with respect to each and eveH
term, condition, obligation and provision hereof. Failure to timely perform any of the terms, conditions,
obligations or p~ovisions hereof by either party shall ~onstitute a material breach of a non-curable (but
waivable) default under this Agreement by the party so failing to perform.
2~.8 Construction. Headings at the beginning of each paragraph anti subparagraph are
solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include the
feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of thc
parties, but rather as if both partie~ had prepared the same. Unless otherwise indicated, all references to
paragraphs and subparagraphs are to this Agreement. All exhibits referred to in this Agreement and
attached hereto are incorporated herein by this reference.
25.9 Counteroar~s. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which shall constitute one.
25.10 Governing Law. The provisions of this Agreement governing the contractual
rights and obligations of Buyer and Seller shall be governed, construed, and enforced according to' the laws
of the United States and, where not inconsistent, by the laws of the State of California.
IN WITNESS WHEREOF, Seller and Buyer hereto have executed this Agreement.
BUYER: DF~
SELLER:
THE CONSERVATION FUND, COA~ FE BANK,
FEDE~L ,~AVINGS BANK, a Federally
NamC~ ~ A' ; c t;~W ~ ~ .
We acknowledge receipt of a fully executed copy of the following 'Agreement of Purchase and Sale and Joint
Escrow Instruction', executed by Seller and Buyer.
ESCROW HOLDER
/~IlqO ESCT~77MPANY
~[T~crow O~r
Exhibits Attached: Exhibit A - Legal Description
Exhibit B - Corporation Grant Deed
Exhibit C - General Assignment
Exhibit D - Title Exceptions
Exhibit E - FIRPTA Affidavit
Exhibit F - Corporate Certification
Exhibit O - Environmental Indemnity
Exhibit H - Phase I Environmental Report
Exhibit I - Disclosure Statement
06/29/9t, 10
LEGAL DEBCRTPTTON
THE~ANDREFEPd~ED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAp THEREOF NO. 10901, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS
TO
EXHIBIT "B"
THE CONSERVATION FUND
1800 N. Kent Street, Suite 1100
L Arlington, Virginia 22209
/
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Title Order No. 963142-4
Escrow No. 30055DG/Loan No, n/a
CORPORATION GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ CITY TAX $ "
[] computed on full value of properS/conveyed, or
[] computed on full value less value of liens or encumbrances remaining at time of sale,
[] Unincorporated area: [] City of and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
COAST FEDERAL BANK, FEDERAL SAVINGS BANK, a Federally Chartered
Capital Stock Savings Bank
a corporation organized under the laws of the United States
hereby GRANTS to
THE CONSERVATION FUND, a Maryland Non-Profit Corporation
the following described real property in the
County of San Dieqo State of California.
Located in the City of Encinitas, County of San Diego, State of
California 92260, as more particularly described in the legal
description attached hereto as Exhibit "A" and incorporated herein,
subject to all covenants, conditions, restrictions, easements and
other matters of record.
Dated COAST FEDERAL BANK,
FEDERAL SAVINGS BANK
By:
Name:
Its: President
?. By:
Name:
Its: Secretary
Saxony Hi [ [S/CGD
06/29/94 1
State of On before me,
personally appeared
SS. personal~y known to me (or proved to me on the basis of satisfactory evidence) to be the
County of person(s) whose name(s) is/are subscribed to the w~thin instrument and acknowledged to
me that he/sheAhey executed the same in his/her/their authorized capacity(isa), and that by
his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
('this ~r~. ~o~ o~c~J not~ ~,*~ WITNESS my hand and official seal.
SJgnsture of Notary
State of On before me,
personally appeared
SS. personally known to me (or proved to me on the basis of satisfactory evidence) to be the
County of 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(les), 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.
~l. ~ ~x offic~J n~art~ ~ WITNESS my hand and official seal
Signature of Notary
Saxony Hil. [s/CGD
06/~g/94 2
LEGAL DESCRIPTION
Exhibit 'A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 iNCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.
Saxony HilLs/CGO 1
06/29/94 1
Document No.
Recorded
STATEMENT OF TAX DUE AND REQUEST THAT TAX DECLARATION
NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE
OF THE COUNTY RECORDER (PURSUANT TO SECTION 11932
REVENUE AND TAXATION CODE)
TO: RECORDER
County of San Diego
Request is hereby made in accordance with the provisions of
the Documentary Transfer Act that the amount of the tax due not be
shown on the original accompanying document (Corporate Grant Deed)
which names:
Grantor: COAST FEDERAL BANK, FEDERAL SAVINGS BANK, 'a Federally
Chartered Capital Stock Savings Bank
Grantee: THE CONSERVATION FUND, a Maryland Non-Profit Corporation
The property described in the accompanying original document
is located in the City of Encinitas, County of San Diego, State of
California.
The amount of tax due on the accompanying original document is
$
[] Computed on full value of property conveyed.
D Or computed on full value, less liens and encumbrances
remaining at the time of sale.
COAST FEDERAL BANK,
FEDERAL SAVINGS BANK
By:
Name:
Its:
Note: After the permanent record is made, this form will be
affixed to the conveying document and returned with it.
Saxony ~li [ [S/CGD 1
06/29/94 1
EXHIBIT 'C'
ASSIGNMENT OF LEASES, CONTRACTS,
INTANGIBLE PROPERTY AND WARRANTIES
THIS ASSIGNMENT, is executed as of the day of July, 1994, by and between COAST FEDERAL BANK,
FEDERAL SAVINGS BANK, a Federally Chedered Capita Stock Savings Bank ('Assignor'), and THE CONSERVATION
FUND, a Maryland Non-Profit Corporation ('Assignee'), with reference to tfte following facts:
A. Concurrently herewith Assignor is conveying to Assignee certain real property, lying and being
situated In San Diego County, State of California, and described on Exhibit 'A' attached hereto and
incoq:)orautd herein (said land herein referred to es the "Property').
B. It is the desire of Assignor to assign, transfer and convey to Assignee: (i) air service contracts and
agreements relating to the oparatlon of the Property (with the exception of any existing propaby
management agreement) (coltectlvely the 'Service Contracts'); and (ii) any contracts, claims,
governmentaJ licenses, permits and tredename (to the extent assignable} relating to the Propaby
(collectively the 'lntsnglble Property') (the Service Contracts and Intangible Property collectively being
referred ~o as 'Assigned Properties').
NOW THEREFORE, In conslberatlon of the foregoing and Ten Dollars ($10.00) and other good and valuable
consideration In hand pa d by Assignee to Assignor. the receipt and sufficiency of which are hereby acknowledged by
Assignor, Asslgrtor does hereby QUITCLAIM, ASSIGN, TRANSFER, DELIVER and CONVEY to Assignee, without
representation or warranty except as specifically sat forth herein, ail of the Assigned Properties, and Assignee cioes
hereby agree to accep and assume the performance, obligations and liabilities of the Assigned Properties, including,
withoLJt limitation, the following:
1. Al rlgh s and Interests of Assignor If any, in anrt to, and existing under and by virtue of, the So,vice
Contracts relating solely to the operation or maintenance of the Property, as shown on Exhibit "B'
attached hereto and incorporated herein.
_ 2. All of Assignor's Interest, if any, in ali warranties and guarantees issued to or in favor of Assignor,
from any contractors, subcontractors, materials* suppliem or vendors related to the Properly, if any,
but without representation or warranty of any kind, express or implied, as to the existence,
transferabltify, enforceability, or the ltite.
3. All of Assignor's Interest, if any, in all contracts, claims, governrnantat licenses and permits issued
to or hard In the name of Assignor, relating 1o the use, operation and occupancy of the Property, but
only to the extent assignable by operation of law or cthe~vlse, Assignor making no representations
or warranties of any kind, express or implied, with respect to the existence, asslgnabltlty or
transferability of such licenses and permits,
Assignee hereby assumes, accepts and agrees to perform and observe all of the terms, covenants and
conditions of the Service Contracts and the Intangible Propaby from and after the date of the transfer by Assignor to
Assignee of the Assigned Properties, or any one of them. Assignee, its successors and assigns, covenant and agree
to Indemnify, defend, protect and hold harmless Assignor, any past, present or future parent company ('Parent
Company') of Assignor, or any past, present or future afflltate or subsidiary company of Assignor or Parent Company,
Including the directors, officers, shareholders, employees, agents, representst[ves, attorneys, accountants, successors
or assigns, of either of them, from any and all actions, causes of action, costs, damages, demands, expanses, fees,
fines, liabilities, losses, obltgatlons and penalties (including third party claims, reasonable attorneys' fees and court
costs) In connection with, e a ng o, a is ng from, or resulting from, whether directly or indirectly: (i) the transfer of the
Assigned Properties, or any one of them, from the Assignor to the Assignee pursuant to this Agreement; (i0 the
Assigned Properties, or any one of them; (iii) any act, occurrence or omission on or subsequent to the transfer by
Assignor to Assignee of the Assigned Properties, or any one of them; or (iv) the breach, failure to perform or failure
to observe any term covenant and condition o he ASS gned Properties, or any one of them from or after the transfer
of the Assigned Properties, or any one of them, from Assignor to Assignee. This indemnification provision shall survive
the transfer of the Assigned Properties, or any one of them, from Assignor to Assignee.
IN WITNESS WHEREOF, this Assignment has been execcted as of the date sat fodh above.
ASSIGNEE: ASSIGNOR:
THE CONSERVATION FUND, COAST FEDERAL BANK,
a MaP/land Non-Profit Corporation FEDERAL SAVINGS BANK,
a Federally Chartered Capital Stock Savings Bank
By:
By: Name:
Name: its:
Its:
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN D~EGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS I THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526, iN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CAEFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN3~, APRIL 11, 1984.
EXHIBIT "B"
SERVICE CONTRACTS
The following Service Contracts pedaln to the Property located at:
SEC of Quail Hollow Drive and Sexony Road
NONE
EXHIBIT #D"
TITLE EXCEPTIONS
The land referred to here~n is situated in the State of Calitomla, County of San Diego, and is more particularly described
in Exhlbit,"A' attached hereto.
'i'ne following items which appear in that cedain Prellmlna[y Repp~t Issued by Commonwealth Land Title Company
Company'), Order No. 966392-~, dated May 13, 1994, and which appear in other documents issued by Title Company
are exceptions to title Insurance coverage,
All items and exceptions conntlned In the enclosed Preliminary Reppll are acceptedle except as follows:
NONE
APPROVED BY:
THE CONSERVATION FUND,
a Maryland Non-Profit Corporation
By:_
Name:
Its:
LEGAL DESCRIPTION
Exhibit
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CAUFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CAEFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.
COmmonwealth Lond Title Company
1455 Fraze~ Road, Suite 600
San Diego, California 92108
Issuing Policies of
Commonwealth.
Land Title Insurance Company
Coast Federal
18000 Chatsworth Street
Granada Hills, California 91344
^ttn: Rob Aronson
Your Ref: 91344
Our No: 966392-4
Title Officer:
Larry Vinti
Direct (619) 686-2140
Fax (619) 686-6001
PRELIMINARY REPORT
Dated as of May 13, 1994 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Commonwealth
Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of.any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be reed. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Preliminary Report Form (Rev. 11/18/82)
966392
Page 2
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
A CLTA Owners Policy
The estate or interest in the land hereinafter described or referred to covered by this report is:
AFEE
Title to said estate or interest at the date hereof is vested in:
Coast Federal Bank, Federal Savings Bank,
a Federally Chartered Capital Stock Savings Bank
The land referred to in this Report is situated in the State of California, County of San Diego, and is
described as follows:
Lots 1 through 56 inclusive of County of San Diego Tract No. 3526, in the City of
Encinitas, County of San Diego, State of California, according to Map thereof No. 10901,
fried in the Office of the County Recorder of San Diego County, April 11, 1984.
CLTA Preliminary Report Form (Rev. tl/18/82)
966392
Page 3
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. General and special taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1994-1995, which are a lien not yet payable.
B. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $844.48
First Installment: 422.24 Paid
Second Installment: 422.24 Delinquent
Penalty: 52.22
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-15
C. Said property has been declared tax defaulted for non-payment of delinquent taxes
for the fiscal year 1990-1991 and subsequent years.
Amount to Redeem: $2,959.16
Prior to: May 31, 1994
Amount to redeem: $2,990.13
Prior to: June 30, 1994
Affects: Lot 1
D. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,663.58 ,
First Installment: 831.79 Paid
Second Installment: 831.79 Delinquent
Penalty: 93.18
Homeowners' Exemption: Shone
Code: 19273
CLTA Preliminary Report Form (Rev. 11/18/82)
966392
Page 4
Parcel: 254-582-02
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
Total: $5.46
First Installment: 2.73 Delinquent
Penalty: .27 due after February 28, 1994
Second Installment: 2.73
Penalty: 10.27 due after June 30, 1994
Supplemental Bill No: 829-074-65-32
Affects: Lot 2
E. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $249.78
First Installment: 124.89 Paid
Second Installanent: 124.89 Delinquent
Penalty: 22.49
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-13
Affects: Lot 3
F. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,879.16
First Installment: 939.58 Paid
Second Installment: 939.58 Delinquent
Penalty: 103.96
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-01
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
CLTA Preliminary R~port Form (Rev. 11/18/82)
966392
Page 5
Total: $6.16
First Installment: 3.08 Delinquent
Penalty: .31 due after February 28, 1994
Second Installment: 3.08 Not Paid
Penalty: 3.08 due after June 30, 1994
Supplemental Bill No: 829-074-65-22
Affects: Lot 7
G. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $709.82
First Installment: 354.91 Paid
Second Installment: 354.91 Delinquent
Penalty: 45.49
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-14
Affects: Lot 11
H. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,080.12
First Installment: 540.06 Paid
Second Installment: 540.06 Delinquent
Penalty: 64.01
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-01
Affects: Lot 12
I. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,158.66
First Installment: 579.33 Paid
CLTA Prelimina~] Report Form (Rev. 11/18/82)
966392
Page 6
Second Installment: 579.33 Delinquent
Penalty: 67.93
Homeowners' Exemption: Sn0ne
Code: 19273
Parcel: 254-581-12
Affects: Lot 13
J. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,248.42
First Installment: 624.21 Paid
Second Installment: 624.21 Delinquent
Penalty: 72.42
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-02
Affects: Lot 14
K. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $664.94
First Installment: 332.47 Paid
Second Installment: 332.47 Delinquent
Penalty: 43.25
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-11
Affects: Lot 15
L. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $395.66
First Installment: 197.83 Paid
Second Installment: 197.83 Delinquent
CLTA Prelimina~j Report Form (Rev. 11/18/82)
966392
Page 7
Penalty: 29.78
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-03
Affects: Lot 16
M. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,461.62
First Installment: 730.81 Paid
Second Installment: 730.81 Delinquent
Penalty: 83.08
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-581-04
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years. ·
Amount to Redeem: $5,116.52
Prior to: May 31, 1994
Amount to redeem: $5,170.40
Prior to: June 30, 1994
Affects: Lot 22
N. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $732.28
First Installment: 366.14 Paid
Second Installment: 366.14 Delinquent
Penalty: 46.61
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-05
CLTA Preliminary Report Form (Rev. 11/18/82)
966392
Page 8
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $2,564.36
Prior to: May 31, 1994
Amount to redeem: $2,591.14
Prior to: June 30, 1994
Affects: Lot 23
O. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $575.18
First Installment: 287.59 Paid
Second Installment: 287.59 Delinquent
Penalty: 38.76
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-06
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $2,021.09
Prior to: May 31, 1994
Amount to redeem: $2,042.09
Prior to: June 30, 1994
Affects: Lot 24
P. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $406.86
First Installment: 203.43 Paid
Second Installment: 203.43 Delinquent
Penalty: 30.34
Homeowners' Exemption: Snone
CLTA Prelimlna~ Report Forca (Rev. 11118/82)
966392
Page 9
Code: 19273
Parcel: 254-581-07
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,434.01
Prior to: May 31, 1994
Amount to redeem: $1,448.77
Prior to: June 30, 1994
Affects: Lot 25
Q; General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $462.98
First Installment: 231.49 Paid
Second Installment: 231.49 Delinquent
Penalty: 33.15
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-08
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,625.98
Prior to: May 31, 1994
Amount to redeem: $1,642.79
Prior to: June 30, 1994
Affects: Lot 26
R. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $507.86
First Installment: 253.93 Paid
Second Installment: 253.93 Delinquent
Penalty: 35.39
CLTA Pralhnina~ Report Form (Rev. 11/I8/82)
966392
Page 10
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-09
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,786.51
Prior to: May 31, 1994
Amount to redeem: $1,805.01
Prior to: June 30, 1994
Affects: Lot 27
S. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $429.32
First Installment: 214.66 Paid
Second Installment: 214.66 Delinquent
Penalty: 31.47
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-10
Said property has been declared tax defaulted for non-payment of delinquent taxes for the
fiscal year 1990-1991 and subsequent years
Amount to Redeem: $1,507.82
Prior to: May 31, 1994
Amount to redeem: $1,523.38
Prior to: June 30, 1994
Affects: Lot 28
T. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $934.24
First Installment: 467.12 Paid
Second Installment: 467.12 Delinquent
CLTA Preliminagg Report Form (Rev. 11/18/82)
966392
Page 11
Penalty: 56.71
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-17
Affects: Lot 35
U. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $878.14
Fkst Installment: 439.07 Paid
Second Installment: 439.07 Delinquent
Penalty: 53.91
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-18
Affects: Lot 36
V. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,024.00
First Installment: 512.00 Paid
Second Installment: 512.00 Delinquent
Penalty: 61.20
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581-19
Affects:, Lot 37
W. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,046.46
First Installment: 523.23 Paid
Second Installment: 523.23 Delinquent
Penalty: 62.32
CLTA Preliminary Report Form (Rev, 11118182)
966392
Page 12
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-03
Affects: Lot 38
X. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $698.62
First Installment: 349.31 Paid
Second Installment: 349.31 Delinquent
Penalty: 44.93
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-04
Affects: Lot 39
Y. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $777.14
First Installment: 388.57 Paid
Second Installment: 388.57 Delinquent
Penalty: 48.86
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-05
Affects: Lot 40
Z. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-3994.
Total: $2,424.64
First Installment: 1,212.32 Paid
Second Installment: 1,212.32 Delinquent
Penalty: 131.23
Homeowners' Exemption: Snone
CLTA Preliminary Report Form (Rev. 11/18/82)
966392
Page 13
Code: 19273
Parcel: 254-581-20
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
Total: $7.96
First Installment: 3.98 Delinquent
Penalty: .40 due after February 28, 1994
Second Installment: 3.98 Not Paid
Penalty: 10.40 due after June 30, 1994
Supplemental Bill No: 829-115-68-13
Affects: Lot 41
AA. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $620.06
First Installment: 310.03 Paid
Second Installment: 310.03 Delinquent
Penalty: 41.00
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-14
Affects: Lot 42
AB. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $608.84
First Installment: 304.42 Paid
Second Installment: 304.42 Delinquent
Penalty: 40.44
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-13
Affects: Lot 43
CLTA Prelimlnaxy Report Form (Rev. 11/18/82)
966392
Page 14
AC. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $575.18
First Installment: 287.59 Paid
Second Installment: 287.59 Delinquent
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-06
Affects: Lot 44
AD. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,012.80
First Installment: 506.40 Paid
Second Installment: 506.40 Delinquent
Penalty: 60.64
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-07
Affects: Lot 45
AE. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $541.52
First Installment: 270.76 Paid
Second Installment: 270.76 Delinquent
Penalty: 37.08
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-08
Affects: Lot 46
AF. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
CLTA Pr~llminary Report Form (Rev. 11/18/82)
966392
Page 15
Total: $608.84
First Installment: 304.42 Paid
Second Installment: 304.42 Delinquent
Penalty: 40.44
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-12
Affects: Lot 49
AG. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $608.84
First Installment: 304.42 Paid
Second Installment: 304.42 Delinquent
Penalty: 40.44
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-11
Affects: Lot 50
AH. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,046.46
First Installment: 523.23 Paid
Second Installment: 523.23 Delinquent
Penalty: ~ 62.32
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-582-10
Affects: Lot 51
AI. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,622.58
CLTA Prelimina~3' Report Form (Rev. 11/18/82)
966392
Page 16
First Installment: 811.29 Paid
Second Installment: 811.29 Delinquent
Penalty: 91.13
Homeowners' Exemption: Shone
Code: 19273
Parcel: 254-582-09
Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue
and Taxation Code of the State of California
Total: $5.30
First Installment: 2.65 Delinquent
Penalty: .27 due after February 28, 1994
Second Installment: 2.65 Not Paid
Penalty: 10.27 due after June 30, 1994
Supplemental Bill No: 829-074-66-02
Affects: Lot 52
AJ. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,113.78
First Installment: 556.89 Paid
Second Installment: 556.89 Delinquent
Penalty: 65.69
Homeowners' Exemption: Snone
Code: 19273
Parcel: 254-581 - 16
Affects: Lot 53
AK. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of California.
1. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Olivenhain Municipal water District,
a Public corporation
Purpose: pipeline or pipelines for any and all purposes, together with the right of
CLTA Pr¢liminaO, Report Form (Rev. 11/18/82)
966392
Page 17
ingress, egress and incidental purposes
Recorded: September 8, 1983 as File No. 83-318950 of Official Records
Affects: Lots 1 through 6, 8 through 10, 13 through 22, 24, 25, 26, 28, 30
through 43, 45, 47, 48, 50, 53 and 54 as shown on said Map attached
to said document.
Reference is made to said document for full particulars.
2. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Leucadia County Water District
Purpose: sewer pipeline or pipelines, manholes, laterals and appurtenances,
together with the right of ingress, egress and incidental purposes
Recorded: November 3, 1983 as File No. 83-398389 of Official Records
Affects: lots 18, 19, 31, 32, 33, 35 and 48, 53 as shown on said Map
Reference is made to said document for full particulars.
3. An easement for the purposes shown below and rights incidental thereto as shown or
as offered for dedication on the recorded map shown below
Map No.: 10901
Purpose: open space
Affects: Lots 24, 29, 41, 42, 43, 49, 50, 51, 52, 54, 55 and 56
A portion of said easement within said Lot 54 was vacated by Instrument recorded March
21, 1985 as File No. 85-094568 of Official Records.
Purpose: drainage maintenance access
Affects: Lots 2, 4, 5, 6, 8, 9, 18, 22, 30, 31, 32, 35 and 53
Purpose: drainage
Affects: Lots 1, 2, 18, 19, 23 and 53
Purpose: private road and public t~tility
Affects: Lots 4 thru 10, 17 thru 21, 30 thru 34, 47 and 48
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
CLTA Preliminary Report Form (Rev. 11/18/82)
966392
Page 18
4. The fact that the owners of said land have no rights of vehicular access to the street
or highway abutting said land, except the public right to travel on same. Said rights have
been relinquished by the dedication provision on the map of the Tract referred to below.
Tract No: 10901
Affects: Lots 11, 13, 15, 24, 28, 29, 35, 41 and 53
5. Provisions of the dedication statement on the map shown below, which offer the
land herein described for future street or alley and restrict the use thereof
Map of: 10901
Affects: Lots 41, 42, 43, 49, 50, 51, 52, 54 and 55
6. An offer and the rejection of said offer subject to the Provisions of Section 66477.2
of the Government Code of the state of California for the dedication of abutters rights of
access appurtenant to Lots 29, 41, 42, 43, 49, 50, 51, 52, 54 and 55, as shown on the Map
of said tract, which provides that a rejected Offer of Dedication shall remain open and
subject to future acceptance by the County of San Diego.
7. An offer and the rejection of said offer subject to the Provisions of Section 66477.2
of the Government code of the State of California for the dedication of easement for slope
rights lying within Lots 41, 42, 43, 49, 50, 51, 52, 54, 55 and 56, as shown on the Map of
said tract, which provides that a rejected Offer of Dedication shall remain open and subject
to future acceptance by the County of San Diego.
A portion of said easement within said LOt 54 was vacated by Instrument recorded March
21, 1985 as File No. 85-094568 of Official Records.
8. An irrevocable offer to dedicate a portion of said land for the purposes stated herein
In favor of: County of San Diego
For: open space
Recorded: April 12, 1984 as File No. 84-133584 of Official Records
Affects: Lots 29, 54, 55 and 56
Said offer was accepted for public use by a resolution
Executed by: City of Encinitas
Recorded: June 30, 1987 as File No. 87-367087 of Official Records
9. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Carltas Co., Paul Ecke IXI, Paul Ecke, Sr., Trustee under will of
CLTA Preliminary Report Form (Rev. 11118182)
966392
Page 19
Magdalena Ecke, deceased, Ray Winter, Barbara Winter, William C.
Dealy, Jr. and Ruth Dealy ("Ecke")
Purpose: ingress, egress and incidental purposes
Recorded: April 13, 1984 as File No. 84-135697 of Official Records
Affects: Lots 18, 19 and 23 as shown on said map attached to said document
Reference is made to said document for full particulars.
10. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: San Diego Gas and Electric Company
Purpose: public utilities, ingress and egress
Recorded: July 17, 1984 as File No. 84-268448 of Official Records
Affects: within that portion of said Lot 55, shown and delineated as "Portion of
Lot 55 Reserved for Future Street", on said Map No. 10901
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
11. A lien for the amount shown and any other amounts due
In Favor of: The County of San Diego
Record Owner: Coast Federal Bank
Amount: $1,257.69
Reference No: 93 942448
Recorded: April 14, 1994 as File No. 1994-0246244 of Official Records
12. A lien for the amount shown and any other amounts due
In Favor of: County of San Diego
Record Owner: Coast Federal Bank
Amount: $826.39
Reference No: 93 942413
Recorded: April 14, 1994 as File No. 1994-0246249 of Official Records
13. This Company will require a corporatO resolution of the board of directors from the
corporation(s) vested herein, authorizing this transaction and the execution of the documents
necessary to complete it in accordance with instructions given to the Company.
CLTA Preliminary Repor~ Form (Rev. 11/18/82)
966392
Page 20
Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF
1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE
LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMENT OF ANY FUNDS.
ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABILITY
UPON DEPOSIT.
CASI-IIER'S CHECKS, TgI.LER'S CHECKS AND CERTIFIED CHECKS MAY BE
AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT.
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNER. SI-tIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS IN DISBURSEMENT OF
FUNDS ON TH~S ORDER.
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABILITY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS:
UNION BANK
530 "B" STR~T
SAN DIEGO, CA 92101
BANK NUMBER: 122000496
CRg~IT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 2: TI-~S COMPANY DOES REQUIRE CURRENT BE_NEFICI~Y
DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot
be obtained, our requirements will be as follows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold will be in addition to the verbal
hold the lender may have stipulated..
(b) If this Company cannot obtain a verbal update on the demand, we will either pay off
the expired demand, or wait for the amended demand, at the discretion of the
escrow.
Note No. 3: Requirement that this Company be furnished with a copy of any supplemental
tax bills now in existence which are not reflected on this report.
966392
Page 21
Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax
amount plus delinquency amount until 45 days have elapsed. If taxes have been paid
through an impound account or if a copy of the cancelled check can be provided to us, this
requirement can be waived.
Note No. 5: If any deed of trust in favor of "Private Parties" is to be omitted from our
policy of title insurance, we will require that the original note, deed of trust and properly
executed and notarized request for reconveyance be surrendered for review prior to close of
escrow.
CLTA Preliminary Report Form (Rev. 11/18/82)
',?t,~l~'ll~l I I I I I I I I I I I I i I I I I I-I I I I I I I I ..'
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE (10-17-92)
AND A.LT.A. LEASEHOLD LOAN POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matlers are expressly excluded from the coverage of this policy and Ih= Company wifl not pay loss or damage, costs, allomeys' fees or exp~nses which arise
by reason of:
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
· land division
4...F~ilur= lo pay value for your
· EXHIBIT
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded From thc coverage oFthis policy and Ibe Company will not pay loss or damage, costs, attorneys' Fees or expenses which arise
by reason of:
1. (a)Any~aw'~rdinance~rg~vemmenta~regu~a~i~n(inc~udingbutn~imiIed~bui~ding~rz~ning~aws.~rdinanc¢s'~reguiati~ns)restric~ng.regulaIing'pr~hibiIing
or relating to (1) ~be occupancy, use, or enjoymem of the land; (ii) Ihe character, dimensions or [oration of any improvement now or hereafter creeled on the land; (iii) a
separation in ownership or a change in Ibe dimensions or area of the land or any parcel of which/he land is or was a pan; or (iv) environmental prolection, ot the effect
of any violalion of these laws. ordinances or govemmenlal regulalions, except lo the extent Ihat a nolice of the en forcemenl Ibereof or a notice of a de feel lien or
encumbrance resulting from a violation or alleged violation affecting Ibe land has been recorded in the public records at Date of Policy.
(b)Any govemmenlal police power nol excluded by (a) above, excepl lo Ih¢ extenl that a notice of the exercise Ihereof or a nolice of a deFecl, lien ot encumbrance
resulting from a violalion or alleged violalion affecting Ihe [and has been recorded in the public records al Date of Policy.
2. Rights of eminent domain unless nolice of Ibe exercise thereof has been recorded in the public records al Date of Policy, bul nol excluding from coverage any taking
which has occurred prior to Dale of Policy which would be binding on the fights of a purchaser for value whboul knowledge.
3. Defects, liens, encumbrances, adverse claims or other metiers:
(a) whelher or not recorded in the public records al Date of Policy, bul creeled, suffered, assumed or agreed to by the insured claimanl;
(b) not known to the Company, not r~corded in the public records at Dale of Policy, bu~ known lo the insured claimanl and not disclosed in willing lo Ibe Company by
the insured claimant prior to the dale of Ihe insured claimam became an insured under Ibis policy;
(c) resulting in no loss or damage lo the insured claimant;
(d) attaching ot created subsequent to Date of Policy or;,
(e) resulting in loss or damage which would not have b~en sustained if ~h¢ insured claimant had paid value for Ibe insured mortgage or for the estate ot interesl insured
by this policy.
4. Unenforceabilily of the ben of Ibe insured moagage because of the inability or failure of the insured al Date of Policy, or ~be inability or failure of any subsequent
owner of Ihe indebtedness, to comply with the applicable doing business laws of Ibe stale in which the land is situaled.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of lhe transaction evidenced by the insured mortgage land is based
upon usury or any consumer credit ptolection or truth in lending law.
6. Any c~aim' which arises ~uI ~f the ~ansac6~n vesIing in ~he insured Ibe estate ~r intetest insur¢d by this p~icy ~r ~be ~ransacti~n c~t~adng Ibe imetesI ~f tbe insured
lender, by reason of the operation of fedsraJ bankruplcy, stale insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART 1)
This policy do~s not insure against loss or damage (and [he Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, r'lghts, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be ~serled by
persons in possession thereoL
3. Eas~:mcnts. liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancics,*confllcts in boundary lines, shortage in area, cncroachmenls, or any other facts which a correct survey would disclose, and which are not shown by Ibc
public records.
5. (a) Unpatentcd mining claims; (b) reservations or exceptions in patents or in Acts authorizing thc issuance thereof; (c) water rights, claims or lido lo water, whelher or
not thc melters excepted under (a), (b) or (c) at~ shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) '
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
Form 22104 (Rev. 8-93) (Continued on back)
EXHIBIT "E'
CERTIFICATION OF NON-FOREIGN STATUS
BY ENTITY TRANSFEROR
Section 1445 of the Internal Revenue Code prOvides that a Transferee of a U.S. real property Interest must
w~thhctd tax if the Transferor Is a foreign person. To inform the Transferee that withhutdlng of tax is not required upon
the disposition of a U.S. real property Interest by COAST FEDERAL BANK, FEDERAL SAVINGS BANK, a Federally
Chartered Capital StOck Savings Bank, herelna~er referred to as "Transferor', the undersigned hereby cert~es the
fctlowlng on behalf of Transferor:
1. Transferor is not a foratgn corporation, foreign partnership, foreign trust, or foreign estate (as those
terms are dsflned in the Infernal Revenue Code and Income Tax Regulations);
2. Transfaror's U.S. employer Ident~catlon number is 95-0634145;
3. TransferoJ"s office address Is 1000 Wllshlre Boulevard, LOS Angeles, Californis and its place of
incorporation (if applicable) is California.
Transferor understands that this certi~catlon may be disclosed to the internal Revenue Service by the
Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of rny knowledge
and belief it Is true, correct and complete, and I further declare that I have authority to sign this document on behalf
of Transferor.
TRANSFEROR:
COAST FEDERAL BANK,
FEDERAL SAVINGS BANK,
a Federally Chartered Capital Stock Savings Bank
By:
Name:
Its:
TRANSFEREE MUST RETAIN THIS CERTIFICATION UNTIL THE END
OF THE FIFTH TAXABLE YEAR FOLLOWING THE TAXABLE YEAR IN
WHICH THE TRANSFER TAKES PLACE.
DO NOT RECORD DO NOT SEND TO IRS
EXHIBIT 'F'
CERTIFICATION
The undersigned hereby cer[i~ies that he/she is a duly alected and acting Vice President of COAST FEDERAL
BANK, FEDERAL SAVINGS BANK, a Federeity Chartered Capital Stock Savings Bank, fka Coast Savings and Loan
Association, a California Corporation; and thct the following is a true, correct and complete copy of Resolutions duly
adopted by Action Without a Meeting of the Board of Directors of Coast Federal Bank, effective NOvember 25, 1991,
which Resolutions are in full force and effect on and as of the date hereof, not having been amended, altered or
repealed,
"RESOLVED, that President, any Vice President and the Secretary of this Bank and
any other person designated In writing by the President to be an authorized
signatory for and on behalf of this Bank are each hereby Individually authorized In
connection with real propeny sales transactions, Including leasehold interests, to
sign and deliver all contracts, agreements, deed of conveyance, leases, subleases,
applications, legal documents and other papers in the name of and on behalf of
this Bank, and the signature of any one of them on any such items shall be legally
blnCitng upon this Bank.
IN WITNESS WHEREOF, the undersigned has executed this Certification this -- day of July, 1994.
COAST FEDERAL BANK,
FEDERAL SAVINGS BANK,
a Federally Chartered Capital Stock Savings Bank
By:
Name:
Its:
RECITALS
the employees, agents, representstlves, directors, officers, shareholders, attorneys, accountants, successors and
assigns, of any of them.
1.7 'Remedlatlon" refers to the process of, end all work and planning per/ormed in connection
with, the Investigation, testing for, monitoring, cleanup, containment transportation and removal of Hazardous
Substances from the Property and any other property to which Hazardous Substances originating on the Property have
migrated ('Other Properly'), and the repair and restoration of the Propa~y and Other Property, regardless of whether
such actions are required by Environmental Law.
2. Representations and Warranties. Buyer represents and warrants to Seller each of the following:
2.1 InQulrv. Buyer has conducted an appropriate Inquiry and to Buyer's best knowledge no
Hazardous Substance has been used, generated, manufactured, produced, stored, released, discharged or disposed
of on, under, from or about the Propeny and that no Hazardous Substance is located on or below the Propany.
2.2 Notlcee. Buyer has not received any notice of any violation of any Environmental Law nor
Incurred any previous liability therefor.
3. Indemnification.
3.1 General. Buyer shall protect, defend, indemnity and hold harmless the Indemnified Parties
from and against any and ai~ Costs arising by virtue of the presence of Hazardous Substances after the Close of
Escrow, as that term is defined in the Purchase Agreement, and caused, permitted or suffered by Buyer or C~y or any
of their employees, agents, contractors or subsontractors at any time occupying or present on the Property.
3.2 Environmental Laws. The foregoing Indemnity shall apply irrespective of whether any
of such activities giving flsa to Costs were or will be undertaken in accordance with Environmental Law or other
applicable laws, regulations, codes and ordinances.
3.3 Survival. This Indemnity is intended to be operable under 42 U.S.C. Section 9607(e)(1 },
and any successor section thereof and shall su~*'ive any transfer of the Propedy by Buyer.
4.1 Walvere. The failure of Seller to Insist upon strict compliance with any of the terms hereof
shall not be considered to be a waiver of any of such terms nor shall it militate against the right of Seller to Insist upon
strict compliance herewith at any time thereafter.
4.2 Severablll~. If any provision of this Agreement shall be contrary to the laws of the
jurisdiction in which the same shall be sought to be enforced, the Illegality or uneoforceability of any such provision
shall not affect the Other terms, covenants or conditions hereof, and the same shall be binding upon Buyer with the
same force and effect as though such illegal or unenforceable provision were not contained herein.
4.3 Governln(i Law. The provisions of this Agreement governing the contractual rights and
obligations of Bailer and Buyer shall be governed, construed, and enforced according to the laws of the United States
and, where not Inconsistent, by the laws of the State of California.
4.4 Joint and Several. The obligations hereunder are joint an(] several. Seller shall have the
right to seek recourse against Buyer to the full extent provided herein. No election in one form of action or proceeding,
or against any pa~y, or on any obligations, shall constitute a waiver of Seller's right to proceed In any other form of
action or proceeding or against any other party.
4.5 Confl]ofs. Nothing contained herein shall be construed so as to require the commission
of any act contrary to law, and wherever there Is any conflict between any provisions contained herein and any present
or future statute, law, ordinance or regulation, the latter shall prevail; but the provision of this Agreement which is
affected shall be curtailed and limited only to the exteof necessary to bring it within the requirements of the law.
4.6 Amendments. No amendment, change or modification of this Agreement shall be valid,
unless in writing and signed by all of the pad[es hereto.
4.7 Successors and Aaslqns. All of the terms and provisions contained herein shall inure
to the benefit of and shall be binding upon the parties hereto and their respective heirs, legal representstlves,
successors and assigns.
4.8 Attorneys' Fees. Buyer shait reimburse Seller for all actual attorneys' tees and expenses
Incurred by Seller in connection with the enlorcemect of SeiteFs rights under this Agreement Including, without itmltatlon,
those incurred irt bankruptcy and InsoNency proceedings.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ol the date first above written.
BUYER: SELLER;
THE CONSERVATION FUND, COAST FEDERAL BANK,
a MaP/land Non-Profit Corporation FEDERAL SAVINGS BANK,
a Federally Chedered Capital
Stock Savings Bank
By: By:
Name: Name:
Ils: Its:
LEGAL DESCRIPTION
Exhibit "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, ANO
IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 INCLUSIVE OF COUNTY OF SAN DJEGO TRACT NO. 3526, iN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.
REPORT
Attached hereto=
· Diagnostio Engineering, Inc. Report
dated September 11, 1992, together with
the Supplement thereto dated Januar~ 26, 1993
and the additional Supplement thereto dated June 6, 1994
1
EXHIBIT "H"
UPDATED ENVIRONMENTAL Srl't; ASSESSMENT
FOR COAST FEDERAL BANK
QUAIL ASSOCIATES VACANT LAND
SAXONY ROAD/QUAIL HOLLOW DRIVE
ENCIN1TAS, CALIFORNIA
ATC PROJECT NO. 80676.0004
JUNE 6, 1994
CONFIDENTIAL/ATtORNEY-CLIENT
PRIVILEGED/WORK PRODUCT
TABLE OF CONTENTS
L EXECUTIVE SUMMARY ................................................................................................... 1
II; PROPERTY SITE/SURi~OUNDING AREA OVERVIEW .......................................... 2
IlL GEOLOGICAL FINDINGS ................................................................................................. 3
IV. HISTORICAL AND AGENCY RECORDS REVIEW .................................................... 4
V. ENVIRONMENTAL FINDINGS AND RECOMMENDATIONS ............................. 8
VI. LIMITATIONS ..................................................................................................................... 9
FIGURE I TOPOGRAPHIC MAP ................................................................................... 10
FIGURE 2 VICiNITY PLAN ............................................................................................ 11
APPENDIX A ENVIRONMENTAL DATABASE SEARCH REPORT
APPENDIX B SITE PHOTOGRAPHS
ENVIRONMENTAL SITE ASSF~SSMENT
COAST FEDERAL SANK
SAXONY ROAD/QUAIL HOLLOW DRIVE. ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
EXECUTIVE SUMMARY
At the request of Coast Federal Bank, ATC Environmental Inc. (ATC) performed an Updated
Environmental Site Assessment of vacant land located southeast of the intersection of Saxony
Road and Quail Hollow Drive in Encinitas, California (Property Site) commencing May 27,
1994. The original Environmental Site Assessment was performed on September 11, 1992.
The Property Site includes an approximately 59 acre parcel of open land of hilly terrain on
which is found natural shrubs and trees. The purpose of the original Environmental Site
Assessment was to establish a preliminary evaluation of the past and present existence, use or
release of environmentally regulated or hazardous substances on or near the Property Site.
The purpose of this updated Site Assessment was to determine if any environmental
conditions had changed substantially or if additional concerns were evident. Included in the
assessment is a review of geological/hydrogeological information, environmental concerns,
surrounding property concerns, historical/agency records, site plans, and United States
Geological Survey (U.S.G.S.) topographic maps pertaining to the Property Site in an effort to
identify past and present environmental hazards.
Available information collected during the assessment suggests that soil and groundwater
contamination from onsite sources is unlikely. There is no historical indication or visual
evidence which indicates significant use, storage, or generation of hazardous materials at the
Property Site. Small quantities of household trash consisting of paper products, canned goods,
and food trimmings were observed at different areas of the Property Site. The above findings
do not represent significant environmental concerns at the Property Site.
A review of available governing agency information and of published listings concerning
hazardous waste activities, underground storage tanks (UST), violations, actions or
mitigations revealed that the Property Site has not been associated with leaking underground
storage tanks or general hazardous waste generation activities. Additionally, no sites within a
one-half mile radius of the Property Site have been reported in the past to have leaking
underground storage tanks or other hazardous material problems.
ATE ENVIRONMEIqTAI INC PROJ ECl'
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENClNITAS, CALIFORNIA
CONFIDENTIAL AND PK[VILEGED
IL PROPERTY SITE/SURROUNDING AREA OVERVIEW
The Property Site visits consisted of a visual evaluation of existing conditions at each of the
two Property Sites with particular attention focused on the past or present use, storage,
generation, treatment, processing, discharge, or disposal of hazardous substances, a visual
reconnaissance of the surrounding areas within a one-half mile radius of the Property Site to
identify potential environmental threats.'
Property Site
The Property Site is located at lots 1 through 56 inclusive of the County of San Diego Tract No.
3526 in Encinitas, California. The Property Site consists of open land approximately 59 acres in
size. The Property Site is situated on hilly terrain with several sheer slopes and two
pronounced valleys along the west side and central portions of the Property Site, both
demonstrating a decline towards the north. The majority of the Property Site is covered with
natural grass and shrubs which are quite thick in sorne areas. Tall trees exist along the creek
bed along the west side of the Property Site and along the gully (low point) of the small valley
in the central to eastern portion of the Property Site. No water was observed in the creek bed
or the other gully located on the Property Site at the time of the site visit. Surface drainage
from the recent rains was observed on the Property Site.
Surrounding Area
The Property Site is located in a predominantly undeveloped area with nearby residentially
developed areas (within a one-half mile radius). Immediately north of the Property Site across
Quail Hollow Drive is a tract of residential houses. Farther north is open land. Immediately
to the east of the Property Site is expansive open land with natural shrub growth.
Immediately to the south of the Property Site is open land with a few scattered houses. Areas
farther to the south consist of low density residential housing. Immediately to the west of the
Property Site across Saxony Road are other individual houses. Farther west is additional Iow
density residential development
ATC EI'xlVIR(36/M E~TA L [NC. PROJECT N O.80676.~04
2
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL RANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
GEOLOGICAL FINDINGS
ATC reviewed pertinent, available documents and maps regarding local geology,
hydrogeology, and physiography in order to evaluate the potential for the migration of
hazardous substances at or near the Property Site.
Physiography and Geology
The Property Site is located on the coastal bluffs of northern San Diego County. The Property
Site is on a sloping land area ranging from approximately 100 to 200 feet of elevation~ Local
slopes are extreme and towards two separate ravines on the western and central portions of the
Property Site. The regional slope is downward towards the northwest along a narrow gully
containing a creek bed, a continuation of the one which is located at the western portion of the
Property Site. The creek bed (dry during the site visit) feeds into Batiquitos Lagoon located
approximately one-half mile to the north of the Property Site. There exists several hilltop
peaks in the surrounding areas. The Pacific Ocean is approximately one and one-half miles to
the west of the Property Site. Soils in the region are composed of interbedded, varicolored fine
sandstone, silt. stone, and mudstone in the lower elevations at the Property Site, and indurated
sandstone and conglomerate terrace deposits. Source: ATC field observations, September 2,
1992; United States Geological Survey topographic map, 7.5 minute "Encinitas" quadrangle,
1:24,000 scale, photorevised 1975; and California Department of Conservation, Division of
Mines and Geology, "Geological Map of California, Santa Ana Sheet", 1966.
Hydrogeology
Groundwater along the coastal mesas of the Encinitas area exists at an average approximate
depth of 30 feet or more. Groundwater movement is generally towards the sea level gaps
between the mesas and to the west towards the Pacific Ocean. Source: California Department
of Conservation, Division of Mines and Geology, "Classification and Mapping of Quaternary
Sedimentary Deposits For Purposes of Seismic Zonation, South Coastal Los Angeles Basin,
Orange County, California", October 1980.
ATC ENVIRONMENTAL INC. PROJECT NO.a~o76.~04. 3
ENVIRONMENTAL srr'E ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
IV. HISTORICAL AND AGENCY RECORDS REVIEW
The purpose of the historical/agency records review is to trace activities on the site to the
original owner and/or to undeveloped land, in order to identify the present and past existence,
use, or release of environmentally regulated or hazardous substances at the Property Site.
HISTORICAL RECORDS
ATC reviews available documents and historical aerial photographs of the Property Sites and
surrounding areas in order to evaluate historical land uses which may have involved
hazardous substances.
Fairchild Aerial Photography Collection, Aerial Fotobank, San Diego, California
1969-1991 The Property Site is entirely natural open land within hilly terrain. A creek
runs through the west side of the Property Site towards Batiquitos Lagoon to the
north. Saxony Road is visible to the west. Surrounding areas are open land
with some plots of agriculture.
This information does not add any areas of concern regarding the past land usages of the
Property Site.
AGENCY RECORDS
The following agencies and source lists were searched for sites located within a one mile radius of
the Property Site (Saxony Road & Quail Hollow Drive) in order to identify potential
environmental concerns which may have a future impact on or may have already impacted the
Property Site. These lists were searched by Environmental Data Resources, Inc. (EDR) and are
presented within the "EDR - Radius Map Report," dated May 26, 1994, a copy of which is
provided in Appendix C of this Phase I Environmental Site Assessment and Limited Asbestos
Survey report. This section presents the surrounding sites of environmental concern within a one
mile radius of the Property Site.
ATC ENVIRONMENTAL [NC. PROJECT N O~06~6.0G04
4
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONYROADIQUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
1. Reviewed Databases
DATABASE SOURCES/
SEARCHED AGENCIES
NPL USEPA
RCRIS-TSDF USEPA
Cai-Sites California EPA
Notify 65 California Water Resources Control Board
CHMIRS California Office of Emergency Services
Cortese California Office of Emergency Services
Toxic Pits California Water Resources Control Board
CERCLIS USEPA
St. Landfill (SWIS) California Integrated Waste Management Board
LUST California Water Resources Control Board
UST California Water Resources C~ntrol Board
RAATS USEPA
SWAT California Water Resources Control Board
RCRA Sm. Quan. Gen. USEPA
RCRA Lg. Quan. Gen. USEPA
HMIRS US Department of Transportation
PADS USEPA
ERNS USEPA and the NRC of the US Coast Guard
FINDS USEPA
TRIS USEPA
TSCA USEPA
Coal Gas Real Property Scan, Inc.
FEDERAL RECORDS
CERCLIS: Comprehensive Environmental Response, Compensation and Liability Information
System; CERCLIS contains information on locations identified by the USEPA as abandoned,
inactive or uncontrolled hazardous waste sites which may require cleanup. Source: United
States Environmental Protection Agency (USEPA). Current date: 5/25/94.
ERNS: Emergency Response Notification System; ERNS records and stores information on
reported releases of oil and hazardous substances. Source: USEPA and the US Coast Guard
National Response Center. Current date: 10/29/93.
FINDS: Facility Index System; FINDS contains both facility information and "pointers" to
other sources or listings that contain more detail. These include: RCRA/HWDMS, PCS, AIRS,
FATES (FTI'S), CERCLIS, DOCKET, FURS (Federal Underground Injection Control), FRDS,
SIA (Surface Impoundments), CICIS (TSCA Chemicals in Commerce Information System),
PADS, RCRA-J (medical waste transporters/disposers), TRIS and TSCA. Source: USEPA.
Current date: 9/14/93.
HMIRS: Hazardous Materials Incident Report System; HM[RS contains hazardous material
"- - spill incidents reported to United States Department of Transportation (DOT). Source: DOT.
Current date: 06/30/93.
ATC EI~/IROi"~tEN TA L [NC I~'ROJ E(.."I' N O.~0676.1~04 5
ENVIRONMENTAL S{']'E ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
NPL: National Priorities List (Superfundl; The NPL is a subset of CERCL[S and identifies
over 1,200 sites for priority cleanup under the Federal Superfund Program. Source: USEPA.
Current date: 3/9/94.
PADS: PCB Activity Database; PADS identifies generators, transporters, commercial storers
and/or brokers and disposers of PCBs who are required to notify the EPA of such activities.
Source: USEPA. Current date: 1/17/94.
RAATS: RCRA AdministratiOn Action Tracking System; RAATS contains records based on
enforcement actions issued under RCRA pertaining to major violators and includes
administrative and civil actions brought by the EPA. Source: USEPA. Current date: 1/4/94.
RCRIS: Resource Conservation and Recovery Information System; RCRIS includes selective
information on sites which generate, transport, store, treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act (RCRA). Source: USEPA. Current
date: 10/20/93.
TRIS: Toxic Release Inventory System; TRIS identifies manufacturers and importers of
chemical substances included on the TSCA Chemical Substance Inventory List. It includes data
on the production volume of these substances by plant site. USEPA has no current plan to
update and/or re-issue this database. Source: USEPA: Current date: 12/31/91.
STATE RECORDS
CAL-SITES: Hazardous Waste Sites; CAL-$1TES con',bines the former ASPIS (Abandoned
Sites Program Information System) and BEP (State Superfund List) hazardous waste site
databases. Source: California EPA Department of Toxic Substance Control. Current date:
1/12/94.
CHMIRS: California Hazardous Material Incident Reporting System; CHMIRS contains
information on reported hazardous material incidents (accidental releases or spills). Source:
California Office of Emergency Services. Current date: 11/5/92.
CORTESE: Identified Hazardous Waste and Substance Sites; The database identifies public
drinking water wells with detectable levels of contamination, hazardous substance sites
selected for remedial action, sites with known toxic material identified through the
abandoned site assessment program, sites with USTs having a reportable release and all solid
waste disposal facilities from which there is known migration. Source: Califorfiia
EPA/Office of Emergency Protection. Current date: 8/2/93.
LUST: Leaking Underground Storage Tank Incident Reports includes sites which have
reported or known UST leaks. Source: California Water Resources Control Board. Current
date: 2/2/94.
NOTIFY 65: Proposition 65 Notification Records; NOT[FY 65 contains facility notifications
about any release which could impact drinking water and thereby expose the public to a
potential health risk. Source: California Water Resources Control Board. Current date:
11/19/93.
ATC ENVIRONMENTAL INC. PROJECT N O~1676.GL104
6
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
SWAT: Solid Waste Activity Tracking; SWAT contains information on ground water
monitoring of sanitary landfills. Source: California Water Resources Control Board. Current
date: 3/23/94.
SWF/LS (SWIS): Active, Closed and Inactive Landfills; SWF/LS records typically contain an
inventory of solid waste disposal facilities or landfills. These may be active or inactive
facilities or open dumps that failed to meet RCRA Section 2004 criteria for solid waste
landfills or disposaI sites. Source: California Integrated Waste Management Board. Current
date: 4/27/93.
TOXIC PITS: Toxic PITS Cleanup Act Sites; TOXIC PITS identifies sites suspected of
containing hazardous substances where cleanup has not yet been completed. Source: California
Water Resources Control Board. Current date: 1/28/94.
UST: Hazardous Substance Storage Container Database; Under RCRA, UST's must be
registered with the state departmec~t responsible for administering the UST program. Source:
California Water Resources Control Board. Current date: 2/12/91.
HISTORICAL DATABASE(S)
Former Manufactured Gas (Coal Gas) Sites: The existence and location of Coal Gas sites is
provided by Real Property Scan, Inc.
2. Listed Sites
There are no sites listed within 1/2 -mile of the Property Site.
ATC I~4VIROINM ENTA L lINC. 1' RO] EC-I' NOZO67&0004
7
ENVIRONMENTAL SITE ASS£SSMENT
COAST FEDERAL BANK
SAXONY ROADIQUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
V. ENVIRONMENTAL FINDINGS AND RECOMMENDATIONS
PROPERTY SITE CONCERNS
.4.. Miscellaneous Concerns
Findings
ATC observed no hazardous waste generation on the Property Site. ATC observed no
evidence indicating the existence of underground storage tanks (USTs) or above-
ground storage tanks (AGSTs) on the Property Site. ATC observed no evidence of
electrical transformers on the Property Site. ATC observed no evidence indicating the
existence of cesspools or sumps on the Property Site. ATC observed no stained areas or
stressed vegetation on the Property Site.
At least three different areas in the interior of the Property Site were observed to have
piles of tree clippings and grass cuttings along with small quantities of household trash
consisting of paper products, canned goods, and food trimmings. It appeared evident
that various persons had driven back into these areas of the Property Site and dumped
their yard clippings and household trash.
Recommendations
The household trash and tree clippings found on the Property Site represent no
significant environmental concerns if handled properly.
ATC ENVIRC~MI~TA L INC. PROJECT NO~676.~04
8
ENVIRONMENTAL SFFE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROADIQUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
VI. LIMITATIONS
ATC has prepared this Environmental Site Assessment using reasonable efforts in each phase
of its work to estimate the liabilities associated with environmentally regulated substances at
the Property Site. The performance of this Environmental Site Assessment was in accordance
with current professional standards for environmental assessments. Findings within this
report are based on information c~llected from on-site observations and from available
information obtained from governing public agencies/sources. The information contained
within this report is limited to provided data and available documents.
This report is not definitive and should not be assumed to be a complete or specific definition
of the conditions above or below grade. This report is not intended to be a construction
document and should not be used for construction purposes. ATC makes no representation or
warranty on any environmental concerns at or near the Property Site that were not readily
accessible at the time of the site visit or available in the reviewed public records. ATC makes
no representation or warranty that the operations at the Property Site are or have been in
compliance with all applicable federal, state, and local laws, regulations and codes.
ATC ENVIRONMENTAL ~NC. PROJECT NO.80676.aa04
9
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CO[~IDENTIAL AND PRIVILEGED
FIGURE 1 - TOPOGRAPHIC MAP
ATC I~rVIRONM~ITAL INC- PROJ I~CT NO~0~'6.0004
10
ENVIRONMENTAL SITE ASSESSMENT
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
33 i
Park
FROM UNITED STATES GEOLOGOCAL SURVEY 7 1~2 MINUTE TOPOGRAPHIC MAP 'ENCINITAS, CALIF.'
~ ½ SCALE 1:24000
FIGURE
TOPOGRAPHIC MAP CONTOUR ~NT[RV^L 20 FEET
ATC ENVIRONMENTAL INC. PROJECT NO. 80676.0004
ENVIRONMEN'rAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENClNITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
FIGURE 2 - SITE PLAN
ATe I~B/IR~ENTAL INC PRO.IEC'F NO~6.1~04
11
ENVIRONMENTAL SITE ASSESSMENT
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENClNITAS, CALIFORNIA
RESIOENT~L RESIDENT~I
HOUSiXE; HOUSIqG
~ , OPEN LAND
z I KILDEER CT
SCATI~RED ':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':'
HOUSES ~ :.:
~ :': :': OPEN LAND
BOUNDARY
SCA~-~RED
FIGURE 2 ~. LEGEND
VICINITY PLAN
NOT
TO
SCALE
I ." " -". ." ." ." -" .: .: i i i l = PROPERTY SITE
ATC ENVIRONMENTAL INC. PROJECT NO. 80676.0004
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE. ENCINrrAS, CALIFORNIA
CONFIDENTIAL AND pRiVILEGED
APPENDIX A - ENVIRONMENTAL DATABASE SERACH REPORT
AT(: 1~4VIRONMENTAL ~C.. PROJECT NO.,~067&CI~04
E~! Environmental
Data
! Resources, Inc.
'- Creators of Toxicheck/®
The EDR-Radius Map/PlusTM
Report
80676.0004
Saxony Road & Quail Hollow Dr
Encirdtas, CA 92024
The Source
May 26, ~994 For Environmental
Risk Management
Inquiry Number: 47093.1 Data
3530 Post Road
Southport, Connecticut 06490
Nationwide Customer Service
,.. Telephone: 1-800-352-0050
Facsimilie: 1-800-231-6802
THE EDR-RADIUS MAPTM
The EDR-Radius MapTM is a screening tool which maps sites with potential or existing environmental liabilities.
Specified government databases are searched in accordance with the ASTM Standard (E 1~27) or custom
specifications provided by the user.
Thc EDR-Radius MapTM includes the following three maps:
Topographic Map -- four square mile area:
o displays a two mile radius around the tm-get property
o displays the USGS topographic contours and selected road features (i.e., major street names,
and hydrographic data)
Overview Map:
o displays a one-mile (ASTM Standard) or customer specified radius around the target property
o includes major geographic attributes available in EDP`'s computer mapping system (i.e., street
. names, available hydrography)
Detail Map:
o displays a quarter-mile radius or customer specified radius around the target
property and provides the user with a close-up view
o includes all geographic attributes available in EDR's computer mapping system (i.e., street
names, address ranges)
o helps the user locate "orphan" sites, those sites with insufficient address information such that
they can only be identified a.s within the zip code, city, or county of the target property
Please call EDR's Nationwide Customer Service at
1-800-352-0050 (Sam - 8pm EST)
with questions or comments about your report.
77umi you for your bu.riness.t
Disclaimer
EDR makes no representation or warranty regarding the accuracy, quality or
completeness of any data provided by governmental or other entity used by EDR in thc
preparation of its reports. The customer shall take full responsibility for the use of
EDR reports. No warranty of merchantability or of fitness for particular purpose,
expressed or implied, shall apply and EDR specifically disclaims the malting of
any such warranties. In no event shall EDP. be liable to anyone for special,
- ' incidental, consequential or exemplary damages.
· GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Last Contacl; To rnaintain currency of the following federal and state d~abases,
EDR contacts the appropriate governmental agency on a rnonthly or quarterly basis, as required.
Elapsed ASTM days: Provides confirmation that this EDR report
meets or exceeds the go-day requirement of the ASTM standard.
FEDERAL ASTM RECORDS:
CERCLJ[S: Comprehenaive EnvironmantaJ Response, Compansa§on and Liability Information System; Source: United States
EnvimnrnenteJ Protection Agency (USEPA). CERCLIS contains information on sites identified by the USEPA as abandoned,
[nac~ve or uncontrolled hazardous waste s~tas which may require cleanup.
Date of Governnrnent Version: 03/31/94 Date of Data Ardval at EDR: 04/22/94
Date Made Active at EDR: 05/25/94 Elapsed ASTM days: 33
ERNS: Emergency Response Notification System; Source: USEPA and the National Reponse Center of the US Coast Guard.
ERNS records and stores information on reported re[eases of oil and hazardous subs~nces.
Date of Government Veraien: 06/30/93 Date of Data Ardval at EDR: 09/13/93
Date Made Active at EDR: 10~29/93 Elapsed ASTM days: 46
NPL: National Priorities List (Supedund}; soume: USEPA. '[he NPL ts a subset of CERCLIS and idenfifies over 1,200 sites for
pdedty cieanup under the Supedund Program.
Date of Government Version: 01/10/94 Date of Data Arrival at EDR: 01/26/94
Date Made Active at EDR: 03109/94 Elapsed ASTM days: 42
RCRIS: Resource Conservation and Recovery Information System; soume: USEPA. RCRIS includes selec~e information on
sites which generate, transport, store, b'eat and/or dispose of hazardous waste as defined by the Resource Conservation end
Recovery Act (RCRA).
Date of Government Version; 06/30/93 Date of Data Arrival at EDR: 08/16/93
Date Mede Active at EDR: 10/20/93 Elapsed ASTM days: 65
FEDERAL NON-ASTM RECORDS:
FINDS: Faciti[./Index System; Soume: USEPA. FINDS contains both lacility thforma~Jon and 'pointers' to o~her sources that
contain more detail These include: RCRIS, PCS (Permit Compliance System}, AIRS (Aemmethc Information Retrieval System),
FATES (FIFRA [Federal Insecticide Fungicide Roden~Jcide ActI and TSCA Enforcement System, F'I-['S [FIFRA/TSCA Trecldng
System]), CERCLlS, DOCKET (Enfomement Docket used to manage and track ini'ormatJon on civil judicial enfomement cases for
ail envionmental statutes), FURS (Federal Underground Injection Control), FRDS (FedersJ Reporting Data System), eta (Sudace
Impoundment), CICIS (TSCA Chemicals in Commerce Information System}, PADS, RCRA-J (medicaJ waste
transporters/disposers), TRIS and TSCA.
Date of Government Version: 09/14/93
PADS: PCB Act[vib/Database; Soume: USEPA. PADS Identifies gene~tors, transporters, commemial storars and/or brokers
and disposers of PCB's who are required to notify the EPA of such activities.
Date of Government Version: 01/17/94
RAATS: RCRA Administration Action Trecldng Syste. m; Source: USEPA. RA. ATS contains records based on enfomement actions
issued under RCRA pertaining to major v~olators and includes administrative and civil actions brought by the EPA.
Date of Government Version: 01/04/94
TRIS: Toxic Release Inventor./System; Soume: USEPA. TRiS identifies factiitJes which release toxic chem[ceJs to the sir, water
and land in reportable quantities under SARA 'TitJe III Section 313.
Date o~' Gsvemment Version: 12/31/91
TSCA: Toxic Substances Control Act; Soume: USEPA. TSCA identifies manufacturers and importers of chemicaJ substances
included on the TSCA Chemical Substance thventory tisL It includes data on the product,ton volume of these substances by plant
s~ta. USEPA has no current plan to update and/or m-issue this database,
Date of Government Version: 05/15/86
HMIRS: Hazardous Materials Incident Report System; Source: United States Department of Transportation (DOT). HMIRS
contains hazardous matedal spill incidents reported to DOT.
Date of Government Version: 06/30/93
NPL LIENS: Federal Superfund Dens; Soume: USEPA. Under the autho~ty granted the USEPA by the Comprehensive
Environmental Response, Compensation and Liabitity Act (CERCLA) of 1980, the USEPA has the authority to file tiens against real
property in order to recover remedial action expenditures or when the property owner receives nofificalJon of potantJ~d liability.
USEPA compiles a listing if flied notices of Supedund Liens.
Date of Government Version: 10/15/91
STATE OF CALIFORNIA ASI'M RECORDS:
CAL-SITES (ASPIS): Known and Potential Hazardous Waste Sites; Source: CaJifomia Envimnmenlai Protection Agency
Department of Toxic Substance Control (DTSC). CAL-SITES, formally ASPIS, contains both known and po[an[iai hazardous
substance sites.
Oats o~' Government Version: 01/12/g4 Date of Data Arrival at EDR: 02/03/94
Date Made Active at EDR: 02/23/94 Elapsed ASTM days: 20
CHMIRS: California Hazardous Material [nsident Reporting System; Source: California Office of Emergency Services, CHM[RS
contains information on reported hazardous material [ncidenta (accidentaJ releases or spills}.
Date of Government Version: 12/31/91 Date el Data Arrival at EDR: 08/08/92
Date Made Active at EDR: t 1/05/92 Elapsed ASTM days: 89
CORTESE: Identified Hazardous Waste and Subs[anco Sites; Source: California EPA/Office of Emergency Protection, The
database ident~fies public ddnldng water welts with detectable levels of contamlnatJon, hazardous substance st[es selected for
remedial action, sites with known toxic material identified through the abandoned site assessment program, sites with USTs having
a reportable release and ali solid waste disposal facifi~es frsro which there is known migration,
Date el' Government Version: 07/31/92 Date of Date Arrival at EDR: 05/06/93
Date Made Actk, e at EDR: 08/92/93 Elapsed ASTM days: 88
LUST: Leaking Underground Storage Tank Incident Reports; Soume: California Water Resources Control Board,
Oats o~' Government Version: 10/31FJ3 Date of Date Arrival at EDR: 01/04/94
Date Made Active at EDR: 02/02/94 Elapsed ASTM days: 29
NOTIFY 65: Proposition 65 Notification Records; Source: California Water Receurces Control Board. NOTIFY 65 contains faci[ib/
notifications about any release which could impact drinking water and thereby expose the public to a potential baa/th risk.
Date of Government Version: 10/21/93 Date of Data Arrival at EDR; 11/01/93
Date Made Active at ED R: 11/I 9/93 Elapsed ASTM days: 18
SWAT: Solid Waste Actlvi~/Tracldng; Source: State Water Resources Conb'o[ Board. SWAT contains information on ground
water monitoring of sanite~/landfills.
Date of Government Version: 02/01/94 Date of Data Arrival at EDR: 03/01/94
Date Made Active at EDR: 03/'23/94 Elapsed ASTM days: 22
SWF/LS (SWIS): Active, Closed and ~nactive Landlil[s; Source: California thtagreted Waste Management Board. SWF/LS records
(ypica[ly contain an inventory of solid waste disposal facilities or landfills. These may be active or ioactive facilities or open dumps
that failed te meet RCRA Secfion 2004 criteria for solid waste landfills or disposal sites.
Date of Government Version: 03/01/93 Date of Data Arrival at EDR: 04/~7/93
Date Made Active at EDR: N/A Elapsed ASTM days: 0
TOXIC PITS: Toxic PITS Cleanup Act St[es; Source: California Water Resources Control Board. TOXIC PITS identifies sites
suspected of containing hazardous substances who re cleanup has not yet been completed.
Date of Government Version: 12/21/93 Date of Data Ardval at EDR: 12/27/93
Date Made Active at EDR: 01/28/94 Etepsed ASTM days: 32
UST: Hazardous Substance Storage Container Database; Source: California Water Resources Con[mi Board, Under RCRA,
UST's must be registered with the state department responsible for administering the UST program.
Date of Govemmenf Version: 10/15/90 Date of Date Ardval at EDR: 01/25/91
Date Made Active at EDR: 02/12J91 Elapsed ASTM days: 18
CAL-SITES (AWP): Known Hazardous Waste Sites; Source: Callfomia EnvironmsnteJ Protection Agency Department of Toxic
Substance Control (DTSC). California DTSC's AnnuaJ Workplan (AWP), fon"neriy BEP, identi~es known hazardous substance
sites targeted for cleanup.
Date of Government Version: 06/30/93 Date of Oats Arrival at EDR: 12/27/93
Date Made Active at EDR: 12/30/93 Elapsed ASTM days: 3
STATE OF CALIFORNIA NON-ASTM RECORDS:
HWlS: Hazardous Waste Inlom~ation System; Source: Califomte Environmental Protection Agency Department of Toxic
Substance Control (DTSC). HWIS identifies hazardous waste generators and hazardous waste treatment, storage and ~sposal
facilities in the state of CaJifomia.
Date of Government Version: 12/31/92
CALIFORNIA COUNTY RECORDS
LOS ANGELES COUNTY;
Los Angeles County Site Mitigation Log; Source: Los Angeles County Community Health Se~ces Public Health Invest~ga~on.
Date of Government Vecalon: 03/09/94
Los Angeles County Underground Storage Tank (US'F) list; Soume: Los Angeles County Department of Public Works,
Date of Government Veralon: 04/02/94
ORANGE COUNTY:
Orange County Industrial Site Cleanups; Source: Orange County Health Cam Agency.
Date of Government Version: 10/14/93
Orange County Underground Storage Tank ClearaJps (LUST); Source: Orange County Health Care Agency.
Date of Government Version: 03/03/~4
Orange County Underground Storage Tank Facilities lUST); Source: Orange County Health Care Agency.
Date of Government Version: 03/01/94
RIVERSIDE COUNTY: .
Riverside County Underground Storage Tank Cleanup Sites (LUST}; Source: Riverside Count'/Deparlrnent of Public Health.
Date of Govemment Version: 01/04~34
SAN DIEGO COUNTY:
San Diego County Solid Waste Facilities; Source: San Diego County Department of Health Services.
Date of Govemment Version: 03/10/94
San Diego County UnathoHzed Release listing; Source: San Diego County Department of Health Sen,~ces.
Date of Government Version: 01114/94
VENTURA COUNTY:
Ventura County Underground Storage Tank Cleanup Slte~ (LUST}; Source: Venture County Environmental Health Divi.fion.
Date of Government Veralon: 17,/01/93
Ventura County Operating Underground Storage Tank Sites (us'r~/Underground Tank Closed Sites List; Source: Vantura
County Envimnmen~l HeaJth Division.
Dale of Govemmenl Version: 01/03F34
Vantura County Inventory of Closed, Illegal Abandoned, and Inactive SIte.~; Source: Vantura County Envimnrnen~al Health
Division.
Dale of Government Version: 01/08/94
California Regional Water Quality Control Board (RWQCB) LUST Records
LUST Region 1: Active Toxic Site thvestiga~ione, includes spills; Source: No~lh Coast Region (1).
Date of Government Vemion: 08/26FJ3
LUST Region 2: Fuel Leak I..Jst; Source: San Francisco Say Region (2).
Date of Govemment Version: 05/27/93
LUST Region 2: Non-fuel Leak list; Source: San Francisco Bay Region (2}.
Date of Government Version: 01/31/94
LUST Region 3: Active Regional & Local Board Undercjmund Leak Cases; Soume: Cantra[ Coast Region (3}.
Date of Government Version: 10/14/93
LUST Region 4: Underground Storage Tank Leak list; Source: Los Angeles Region (4).
Date of Govemment Version: '~ 1/04/93
LUST Region 5: Central Valley RWQCB Undegmund Tank Tracldng System; Source: Cantml Valley Region (5).
Date of Government Version: 10/29/93
LUST Region 6[.: Leal<lng Underground Storage Tank Case listing; Source: Lahontan Region (6).
Date of Govemmant Version: 01/04/94
LUST Region 6V: Leaking Underground Storage Tank Case Listing; Source: Victervifie Branch Office (6).
Date of Government Version: 02/24/94
LUST Region 7: Lea~ng Underground Storage Tank Case L.~sting; Source: Colorado River Bas/n Region (7).
Date of Government Version: 12/27/93
LUST Region 8: Lea[dng Underground Storage Tank Database [Jet; Source: Santa Aha Region (8).
Date of Government Version: 01/14/94
LUST Region 9: Leai<Jng Underground Storage Tank List; Soume: San Diego Region (9).
Date of Government Version: 12/0 !/93
Historical and Other Database(s)
Former Manufactured Gas (Coal Gas) Sites: The existence and location of Coal Gas sites is provided excius;'vely to EDR by
Real Property Scan, Inc. ~CopyHght 1993 Rea[ Property Scan, Inc.
Disclaimer Provided by Real Property Scan, inc.
The infon'nation contained in this report has pmdomlnanantiy been obtained from publicly available sources produced by entities
other than Real Property Scan. While reasonable steps have been taken to insure the accuracy of this mpo,ff, Rea[ Pmped'/
Scan does not guarantee the accuracy of this report. Any liability on the part of Real Pmpen*.,/Scan is etricfiy limited to a refund
ofthea, mountpaid. No claim is made for the antual existence of texins at any site. Thisreportdoesnotconstitutealega[
opinion,
Earthquake Fault Lines in California: The fault lines ~splayed on EDR's Topographic map am ~gilJzsd quaternai'y fault linas,
prepared in 1975 by the United State Ganlogica[ Survey. AddilJonal {nformation regarding activity at specific fault linas comas from
California's Prsliminan/Fault AcUity Map prepared by ~he California Division of Mines and Gsolocjy,
MANUFACTURED GAS PLANT (Coal Gas) SITES
Prior to the widespread use of natural gas, combustible gas manufactured from coke, coal and oil served
as the major fuel for urban heating, cooking and lighting in the U.S. for over 100 years. Beginning in 1816,
manufactured gas or "town gas" was produced at thousands of plant sites throughout the United States. Pipeline
distribution of natural gas during the 1950s rapidly replaced manufactured gas as the major gaseous fuel. As a
result, manufactured gas production gradually came to an end through the 1950s and 1960s.
Along with the production of large volumes of gas, manufactured gas plants also yielded large quantities
of by-products during their operation, including complex mixtures of coal tars, sludges, oils and other chemicals.
Coal tar was the principal by-product from the gasification process. Although some of the coal tars were refined
into a variety of marketable products, substantial volumes remained unused and were considered as waste. Coal
tar and other waste products from the gasification plants were frequently disposed on the plant site in unlined pits
or in some cases injected underground through injection wells. These practices have left behind subsurface coal
tar contamination at many former manufactured gas plant (MGp) sites.
Coal tar is the waste of primary concern at MGP sites. Coal tars are relatively dense, viscous liquid
mixtures. The composition of coal tar varies but is usually a mixture of the following:
· Polycyclic aromatic hydrocarbons (PAID, such as benzo-pyrene, naphthalene, anthracene, acenaphthene and
phenanthrane.
· Phenolic compounds, including phenol and methylphenoks.
· Light aromatic compounds, such as benzene, toluene and xylenes.
* Miscellaneous organics, such as dibenzofuran.
· Small quant/ties or inorganic chem/cais, such as iron, lead, copper, zinc, various sulfides, cyanides and
nitrates.
Coal tar is somewhat heavier than water and tends to migrate vertically downward in the subsurface until
it encounters a stratum that it cannot permeate. There it resides in an mobile state or spreads slov~ly. It can then
serve as a continuous source of groundwater contamination in that PAH and other constituent compounds are
slowly solubilized. Coal tars in the subsurface at MGP sites have persisted for decades because they are sparingly
soluble, resistant to biodegration and they move slowly through porous media. The problem of coal tars in the
subsurface at old MPG sites represents a significant part of the general problem of subsurface contamination with
dense organic liquids in the United States.
The residue from former MGP sites often contains significant umounts of hazardous substances which can
cause contamination of both soil and groundwater. A number of these sites are already included on EPA's
CERCLIS list and the hazardous waste site lists of many states. Individual site cleanup costs have been estimated
in the million dollar plus range.
The information included in EDP,'s "Former Manufactured Gas Plant Site" Database is provided under
exclusive license by Real Property Scan, Inc. The information in this report bas predominantly been obtained from
publicly available sources produced by entities other than Real Property Scan. While reasonable steps have been
taken to insure the accuracy of this repo~ Real Property Scan does not guarantee the accuracy of this report. Any
liability on the part of Real Property Scan is strictly limited to a refund of the amount paid. No claim is made for
the actual existence of toxins on any site. This report does not constitute a legal opinion.
TOPOGRAPHIC MAP
\
Source: UScompiledGeological09/15/92SumeY 1-Degree DigRal Elevation Model el
~,,," - Major Roads
~ - Contour lines (50 foot inte~al unle~ othe~se shown)
' ' - Wate~ays
~/ - Earthquake fault I~nes
TARGET PROPERS: 80676.0004 CUSTOMER: ATC Environmental.
ADDRESS: S~ony Road & Qu~l Hollow Dr CONTACT: Can~ C~sato
Ci~/STATE~IP: Encin~as CA 92024 INQUIRY ~: 47093.1
~T/LONG: ~.0731 / 117.2832 DATE: May 24, 1994
OVERVIEW MAP
.~-.~
· Indicates TARGET PROPERTY, } [ I
- Indlcstes environmental elements found at ASTM or
~1, customer specified distances.
- Coal Gasification Sites (if requested)
[] - National Priority Ust Sites
TARGET PROPERTY: 80676.0004 CUSTOMER: ATC Environmental
ADDRESS.'-.. Saxony Road & Quail Hollow Dr CONTACT: Candy Cassato
CITY/STATE/ZIP: Encinitas CA 92024 INQUIRY #: 47093.1
LAT/LONG: 33.0731 / 117,2832 DATE: May 24, 1994
DETAIL MAP
~ o 1/8
· Indicates TARGET PROPERTY. I I
'~ ,~i1~
- Indicates environmental elements found at ASTM or
customer specified distances.
~' - Coal Gasification Sites (if requested)
-~. - National Priority List Sites
TARGET PROPERTY: 80676.0004 CUSTOMER: ATC Environmental
ADDRESS:.. Saxony Road & Quail Hollow Dr CONTACT: Candy Cassato
CITY/STATE/ZIP: Encinitas CA 92024 INQUIRY #: 47093.1
I-AT/LONG: 33.0731 / 117.2832 DATE: May 24, 1994
MAP FINDINGS SUMMARY
Search
Target Distance Total
Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted
NPL 1.000 0 0 0 0 NR 0
RCRIS-TSD 1,000 0 0 0 0 NR 0
AWP TP NR NR NR NR NR 0
Cai-Sites 1.000 0 0 1 2 NR 3
Notify 65 1.000 0 0 0 0 NR 0
CHMIRS 1.000 0 0 0 3 NR 3
Cortese 1.000 0 0 0 0 NR 0
Toxic Pits 1.000 0 0 0 0 NR 0
CERCLIS 1,000 0 0 0 0 NR 0
St. Landfill (SWIS) 1.000 0 0 0 0 NR 0
LUST 1.000 0 0 0 0 NR 0
UST 1,000 0 0 0 3" NR 3
RAATS 1.000 0 0 0 0 NR 0
SWAT 1.000 0 0 0 0 NR 0
HWIS TP NR NR NR NR NR 0
RCRIS Sm. Quan. Gen. 1.000 0 0 0 3 NR 3
RCRIS Lg. Quan. Gen. 1.000 0 0 0 0 NR 0
HMIRS 1.000 0 0 0 0 NR 0
PADS 1,000 0 0 0 0 NR 0
ERNS 1.000 0 0 0 0 NR 0
FINDS 1.000 0 0 0 4 NR 4
TRIS 1.000 0 0 0 0 NR 0
TSCA 1.000 0 0 0 0 NR 0
NPL Liens TP NR NR NR NR NR 0
Site Mitigation TP NR NR NR NR NR 0
IndustriaJ Site TP NR NR NR NR NR 0
CA Unauthorized Rel. TP NR NR NR NR NR 0
CA Nonfuel Leaks TP NR NR NR NR NR 0
Coal Gas 1.000 0 0 0 0 NR 0
TP = Target Property
NR = Not Requested at this Search Distance
· Sites may be listed in more than one database
TC47093.1 Page 1 of 4
MAP FINDINGS
Map ID
Direction EDR ID Number
Distance Site Database(s) EPA ID Number
Coal Gas Site Search: No site was found In a search of Real Property Scan's ENVIRORAZ database.
1 LAD LAWN & SPRAY SERVICE Ca~-Sites S100203972
NNW 1622 GASCONY DR. N/A
1/4-1/2 ENClNITAS, CA 92024
CAL-SITES Status: NFA (NO FURTHER ACTION FOR DTSC)
Facility ID: 37730128 Current Status Date: 06/16/83
2 CHMIRS S10O281192
SSW 882 LA MIRADA N/A
1/2-1 ENCINITAS, CA 92024
CHMIRS:
DES Control Number. 9992049 DOT ID: N/A
DOT Hazard Class: N/A
ChemicaJ Name: ALKALINE [JQUID, NOS
CAS Number:. N/A QuantJ[y Released: N/A "
EnvlmnmentaJ Con~'nination: N/A Property Use: ResidentJaJ
incident Date: 16-MAR.-88 Date Completed: 16-MAR,.~8
3 AZTEC OIL FINDS 1000592366
NNW 1742 BYRGUNDY RD CAD980895718
1/2-1 LEUCADIA, CA 92024
Other Pe~nent Envimnmen~ Activity IdentJl~ed at Site:
facility ia involved with pesticide/toxic substances production
A4 LEUCADIA TEXACO RCRIS-SQG 1000186151
SW 9O5 CRPHEUS AVE FINDS CADg8280O183
1/2-I LEUCAOIA, CA 92O24
A5 EXXON SERVICE STATION UST L'001571338
SW 905 ORPHEUS N/A
1/2-1 LEUCADIA, CA 92024
CA UST ID#: 0O000024033
Tank #: I Container #: I Capacity ~. 00008000
Year Installed: 1981 Tank Used for:, PRODUCT
Type of Fuel: UNLEADED Tank Cons~Jc~Jon: N/A
Leak Oelection: Stock Inventor
CA UST iD#: 00000024033
Tank #: 2 Container #: 2 Capacity ~. 00008000
Year Installed: 1981 Tank Used fo~. PRODUCT
Type of Fuel: PREMIUM Tank ConslluctJon: N/A
Leak Detection: Stock Inventor
CA UST ID#: 0000002403,.3
Tank #: ;3 Container #: 3 Capacity ~. 00008000
Year installed: 1981 Tank Used fort PROOUCT
Type of Fuel: REGULAR Tank Construction: N/A
Leak Detection: Stock Inventor
CA UST ID#: 00O0O024033
Tank #: 4 Container #: 4 Capacity ~ 0O00100O
· Year[nelalled: 1970 Tank Used loc PROOUCT
Type of Fuel: WASTE OIL Tank Construction: N/A
Leak De[action: Stock inventor
TC47093.t Page
MAP FINDINGS
Map ID
Direction EDR ID Number
Distance Site Database(s) EPA ID Number
6 NAYLCR AUTO REPAIR RCRIS-SQG 1000290754
NW 1651 CAUDOR ST FINDS CAD981451347
1/2-1 ENCIN[TAS, CA 92024
7 LEE ANN DONNELLY UST U001571349
SW 865 ORPHEUS N/A
1/2-1 LEUCADIA, CA 92024
CA UST ID#: 00000010472
Tank #: 1 Container #: I Capacity #: 00000550
Year Installed: 1969 Tank'Used for, WASTE
Type o~ Fuel: WASTE OIL Tank Construction: 12 gauge
Leak Detection: Stock Inventor
CA UST ID#: 00000010472
Tank #: 2 Container #: 2 Capacity #: 00010000
Year InstaJled: 1982 Tank Used for:. PROOUCT
Type of Fuel: UNLEADED Tank Const~actJon: 1/4 inches
Leak Detection: Stock Inventor, GW Monitoring Well
CA UST ID#: 00000010472
Tank #: 3 Container #: 3 Capacity ~. 00010000
Year Instaltad: 1982 Tank Used ~or. PRODUCT
Type o~ Fuel: REGULAR Tank Construction: 1/4 inches
Leak Detect,on: Stock Inventor, GW Monitoring Well
CA UST ID#: 00000010472
Tank ~. 4 Container #: 4 Capacity ~. 00010000
Year Installed: 1982 Tank Used [or:. PRODUCT
Type of Fuel: PREMIUM Tank Construction: 1/4 inches
Leak Detection: Stock Inventor. GW Monitoring Well
8 NIEDEN'S HILLSIDE NURSERY Cai-Sites S100202936
saw 689 PUESLA ST. N/A
1/2-I ENClNITAS, CA 92024
CAL-SITES Stz, t~s: NFA (NO FURTHER ACTIO~q FOR DTSC) Facility ID: 37010104 Current Status Date: 05/04/8,3
S9 CHMIRS S100274954
SW 831 ORPHEUS N/A
I/2-1 LEUCADIA, CA 92024
CHMIRS:
OES Central Number:. 8906297 DOT ID: N/A
OOT Hazard Class: N/A
Chemical Name: SLUDGE
CAS Number. NIA Quantity Released: .2
EnvimnmentaJ Contamination; 7 Property Use: Reslden~Jal
Incident Date: 30-MAY-89 Date Completed: 30-MAY-89
10 BAHLMAN, GAYLORD Cal4Sites $100202937
South 645 SAXONY RC. N/A
1/2-1 ENClNITAS, CA 92024
CAL-SITES S~tus: NFA (NO FURTHER ACTION FOR DTSC) Facility ID: 37010105 Current Status Date: 09/12/83
TC47093.1 Page 3 o~ 4
MAP FINDINGS
Map ID
Direction EDR ID Number
Distance Site Database(s) EPA ID Number
Bll 543 ENCINITAS BLVO STE 109 RCRIS-SQG 1000111937
SW 801 ORPHEUS AVE FINDS CAD981398084
1/2ol LEUCADIA, CA 92024
S12 ENCINITAS FIRE PROTECTiON DIST UST U001571333
SW 801 ORPHEUS AVENUE N/A
1~-I ENC[NITAS, CA 92024
CA UST ID#: 00000036818
Tank ~: 1 Container ~, 003 Capacity ~ 00000550
Yearlnstalled: 1978 Tank'Used for, PRODUCT
Typo of Fuel: UNLEADED Tank Construction: N/A
Leak Detection: Stock Inventor
CA UST ID#: oo000036818
Tank #: 2 Container #: 002 Capacity ~. 00000550
Year Installed: 1978 Tank Used for, PRODUCT
Type of Fuel: UNLEADED Tank Construction: N/A
Leak Detection: Stock Inventor
CA UST ID#: 00000036818
Tank #: 3 Container #: C04 C,~oaci~ #: O000t~O0
Year Installed: 1979 Tank Used for. PROOUCT
Type of Fuel: UNLEADED Tank Construction: N/A '
Leak Detection: Stocklnvantor
CA UST ID#: 00000036818
Tank #: 4 Container #: 005 C~pacity #: 00005000
Year Installed: 1982 Tank Used for, PRODUCT
Type of Fuel: DIESEL Tank Construction: N/A
Leak Detection: Stock Inventor
There are 2 other tank details available for this site.
B13 CHMIRS S100279448
SW 801 ORPHEUS N/A
1/2-1 ENClNITAS, CA 82024
CHMIRS:
OES Control Numben 8910033 DOT iD: N/A
DOT Hazard Class: Fla."nmable liquid
ChemicaJ Name: UNKNOWN
CAS Number, N/A Quantity Released: N/A
EnvimnmantaJ Contamination: O~er -Pmpe~'y Use: 099
incident Date: 14.-JAN-89 Data Completed: 14-JAN-89
TC47093.1 Page 4 o! 4
~ ~ ~§8§§~°°
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITA$, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
APPENDIX B - SITE PHOTOGRAPHS
AT~ ENViRCt'~v{ E1MTAL [NC. PROJECT NO.80676.0004
ENVIRON,MENTAL SITE AS~qESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENC[NITAS CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
Photograph 1: Southern view of the Property Site.
Photograph 2: Eastern view along Quail Hollow Drive.
ATC ENVIRfD~MENTAL [NC PROJECT N O.~676.(1134
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS. CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
Photograph 3: View of one of two hills on the Property Site, looking southeast.
Photograph 4: View of Property Site looking southwest.
ATC ENV[RON~IENTAL INC. PRO] ECT NO~)676.~034
EN'VIRONIVtENTAL SITE ASSESSME~NT - SUPPLEN~E~NTAL
FOR COAST FEDERAL BANK
QUAIL ASSOCIATES VACANT LAND
SAXONY ROAD/QUAIL HOLLOW DRIVE
ENCINITAS, CALII:ORNIA
DEl PROJECT NO. D2889-0110
~ANUARY 26, 1993
CONFIDENTIAL/AY i'ORNEY-CLIENT
PRIVILEGED/WORK PRODUCT
Diagnostic Engineering Inc.
]'anuary 26, 1993
Mr. Rob Aronson
Associate Counsel
COAST FEDERAL BANK
18000 Chatsworth Street
Granada Hills, California 91344-5676 "
RE: PROPERTY SITE ASSESSMENT (SUPPLEMENTAL) OF
VACANT LAND LOCATED AT
SAXONY ROAD AND QUAIL HOLLOW DRWE
ENCINITAS, CALIFORNIA
PROjECT NO. D2889-0110
Mr. Aronson:
Attached please find the Environmental Site Assessment Supplemental report of the above-
referenced Property Site. The Supplemental report includes findings of historical and agency records
reviews that were not available at the time of the writing of the original Environmental Site
Assessment report.
If you have any questions regard!ng this report, please call this office.
Sincerely,
"Proiect Manager
Attachment
cc: Mr. Steve Finkelstein, DEl
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
ENVIRONMENTAL SITE ASSESSMENT - SUPPLEMENTAL'
At the request of Coast Federal Bank, Diagnostic Environmental, Inc. (DEI) performed an
Environmental Site Assessment of vacant land located southeast of the intersection of Saxony
Road and Quail Hollow Drive in Encinitas, California (Property Site) commencing on August
31, 1992. The purpose of the Environmental Site Assessment was to establish a preliminary
evaluation of the past and present existence, use, or release of environmentally regulated or
hazardous substances on or near the Property Site. The following information provided by the
Whittier College Department of Geology, and the California Environmental ~rotection Agency
- Department of Toxic Substances Control was not available at the time of the submittal of the
original Environmental Site Assessment report dated September 11, 1992. This Supplemental
report should be kept with the original Environmental Site Assessment report.
IV. HISTORICAL AND AGENCY RECORDS REVIEW
HISTORICAL RECORDS
DEI reviews available documents and historical aerial photographs of the Property Sites and
surrounding areas in order to evaluate historical land uses which may have involved
hazardous substances.
Fairchild Aerial Photography Collection, Geology Department, Whittier College
Historical aerial photographs of the Property Site were researched by the Whittier College
Department of Geology and reviewed by DEI. The 12 photographs of sufficient quality for
review were dated from 1939 to 1958.
1939: The Property Site is entirely natural open land within hilly terrain. A creek
runs through the west side of the Property Site towards Batiquitos Lagoon to the
north. Saxony Road is visible to the west. Surrounding areas are open land
with some plots of agriculture.
ENVIRONrMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENC!NrrAS, CALIFORNIA
CONFIDENTIAL AND pRIVILEGED
Jan. 1958: The Property Site is still undeveloped land. There now appears to be a dirt road
cutting through the center of the Property Site. Scattered houses now appear to
the south and east.
This information does not add any areas of concern regarding the past iand usages of the
Property Site.
AGENCY RECORDS
State of California, Environmental Protection Agency, Department of Toxic Substances Control
(Region 4) -'
The California Environmental Protection Agency, Department of Toxic Substances Control
(CEPA-DTSC) is the lead agency in the State of California responsible for the promulgation and
enforcement of state waste management laws and regulations. The CEPA-DTSC had no
records on file concerning.the Property Site. Source: Ms. Julie Johnson, File Room
Coordinator, CEPA-DTSC, telefax response to DEI, October 13, 1992.
V. ENVIRONMENTAL FINDINGS AND RECOMMENDATIONS
This updated information does not add any areas of concern to the original Environmental
Site Assessment report and does not amend any recommendations previously made.
This completes the Environmental Site Assessment of the Property Site located at Saxony
Road/Quail Hollow Drive in Encinitas, California.
ENVIRONMENTAL S1TE ASSESSMENT
FOR COAST FEDERAL BANK
QUAIL ASSOCIATES VACANT LAND
SAXONY ROAD/QUAIL HOLLOW DRIVE
ENCINITAS, CALIFORNIA
DEI PROJECT NO. 1A2889DW001
SEPTEMBER 11, 1992
CONFIDENTIAL/A~-rO RNEY. CLiENT
PRIVILEGED/WORK PRODUCT
Diagnostic Engineering Inc.
September 9, 1992
Mr. Rob Aronson
Associate Counsel
COAST FEDERAL BANK
18000 Chatsworth Street
Granada Hills, California 91344-5676
RE: PROPERTY SITE ASSESSMENT OF
VACANT LAND
LOCATED AT SAXONY ROAD AND QUAIL HOLLOW DRIVE
ENCINITAS, CALIFORNIA
PROJECT NO. 1A2889DW001
Mr. Aronson:
Attached please find the Environmental Site Assessment report of the above-referenced Property Site.
The report includes findings of the Property Site visit, historical and agency records review, geology
and hydrogeology, and recommendations.
If you have any questions regarding this report, please call this office.
Sincerely,
· ~l-'roject Manager
Attachment
cc: Steve Finkelstein, Associate Dir~tor, DEI
TABLE OF CONTENTS
I, EXECUTIVE SUMMARY ...................................................................................................
II. PROPERTY SITE/SURROUNDING AREA OVERVIEW .......................................... 2
'fir GEOLOGICAL FINDINGS ................................................................................................. 3
IV. HISTORICAL AND AGENCY RECORDS REVIEW .................................................... 4
V. ENVIRONMENTAL FINDINGS AND RECOMMENDATIONS...,,:; ...................... 8
VI. LIMITATIONS ................................................................................................................... 10
FIGURE 1 TOPOGRAPHIC MAP ................................................................................... 11
FIGURE 2 VICINITY PLAN ............................................................................................ 12
APPENDIX A AGENCY CORRESPONDENCE .................................................................. 13
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
EXECUTIVE SUMMARY
At the request of Coast Federal Bank, Diagnostic Environmental Inc. (DEI) performed an
Environmental Site Assessment of vacant land located southeast of the intersection of Saxony
Road and Quail Hollow Drive in Encinitas, California (Property Site) commencing August 31,
1992. The Property Site includes an approximately 59 acre parcel of open land of hilly terrain
on which is found natural shrubs and trees. The purpose of the Environmental Site
Assessment was to establish a preliminary evaluation of the past and present existence, use or
release of environmentally regulated or hazardous substances on or near the Property Site.·
Included in the assessment is a review of geological/hydrogeological information,
environmental concerns, surrounding property concerns, historical/agency records, site plans,
and United States Geological Survey (U.S.G.S.) topographic maps pertaining to the Property
Site in an effort to identify past and present environmental hazards.
Available information collected during the assessment suggests that soil and groundwater
contamination from onsite sources is unlikely. There is no historical indication or visual
evidence which indicates significant use, storage, or generation of hazardous materials at the
Property Site. An abandoned automobile was located .in the dry creek bed on the west side of
the Property Site. Small quantities of household trash consisting of' paper products, canned
goods, and food trimmings were observed at different areas of the Property Site. The above
findings do not represent significant environmental concerns at the Property Site.
A review of available governing agency information and of published listings concerning
hazardous waste activities, underground storage tanks (UST), violations, actions or
mitigations revealed that the Property Site has not been associated with leaking underground
storage tanks or general hazardous waste generation activities. Additionally, no sites within a
one-half mile radius of the Property Site have been reported in the past to have leaking
underground storage tanks or other hazardous material problems.
D[AGNOb-'flC ENVIRONMENTAL INC. PROJECT NO. 1A2889DW001
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINFrAS, CALIFORNIA
COt, mDEZ, mAL ANY I'R~Vr~ECEV
PROPERTY SITE/SURROUNDING AREA OVERVIEW
The Property Site visits consisted of a visual evaluation of existing conditions at each of the
two Property Sites with particular attention focused on the past or present use, storage,
generation, treatment, processing, discharge, or disposal of hazardous substances, a ~isual
reconnaissance of the surrounding areas within a one-half mile radius of the Property Site to
identify potential environmental threats.
Property Site
The Property Site is located at lots 1 through 56 inclusive of the County of Sar} Diego Tract No.
3526 in Encinitas, California. The Property Site consists of open land approximately 59 acres in
size. The Property Site is situated on hilly terrain with several sheer slopes and two
pronounced valleys along the west side and central portions of the Property Site, both
demonstrating a decline towards the north. The majority of .the Property Site is covered with
natural grass and shrubs which are quite thick in some areas. Tall trees exist along the creek
bed along the west side of the Property Site and along the gully (low point) of the small valley
in the central to eastern portion of the Property Site. No water was observed in the creek bed
or the other gully located on the Property Site at the time of the site visit., However, based on
the terrain and vegetation patterns, surface drainage would occur into these areas in the event
of a rain storm.
Surrounding Area
The Property Site is located in a predominantly undeveloped area with nearby residentially
developed areas (within a one-half mile radius). Immediately north of the property Site across
Quail Hollow Drive is a tract of residential houses. Farther north is open land. Immediately
to the east of the Property Site is expansive open land with natural shrub growth.
Immediately to the south of the Property Site is open land with a few scattered houses. Areas
farther to the south consist of Iow density residential housing. Immediately to the west of the
Property Site across Saxony Road are other individual houses. Farther west are more low
density residential houses.
D [AGNG~.iC ENV IRONM 13~qTA L iNC. PROJ ECl' NO. 1A2889 DW~OI
2
ENVIRONMENTAL SITE ASSESSMENT
COAS'r ~DERAL
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITASo CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
GEOLOGICAL
DEl reviewed pertinent, available documents and maps regarding local geology, hydrogeolo~:~,
and physiography in order to evaluate the potential for the migration of hazardous substances
at or near the Proper~y Site.
Physiography and Geology
The Property Site is located on the coastal bluffs of northern San Diego County. The Property
Site is on a sloping land area ranging from approximately 100 to 200 feet of elevation. Local
slopes are extreme and towards two separate ravines on the western and central portions of the
Property Site. The regional slope is downward towards the northwest along a narrow gully
containing a creek bed, a continuation of the one which is located at the western portion of the
Property Site. The creek bed (dry during the site visit) feeds into Batiquitos Lagoon located
approximately one-half mile to the north of the Property Site. There exists several hilltop
peaks in the surrounding areas. The Pacific Ocean is approximately one and one-half miles to
the west of the Property Site. Soils in the region are composed of interbedded, varicolored fine
sandstone, siltstone, and mudstone in the lower elevations at the Property Site, and indurated
sandstone and conglomerate terrace deposits. Source: DEI field observations, September 2,
1992; United St~ites Geological Survey topographic map, 7.5 minute "Encinitas" quadrangle,
1:24,000 scale, photorevised 1975; and California Department of Conservation~ Division of
Mines and Geology, "Geological Map of California, Santa Aha Sheet", 1966.
Hydrogeology
Groundwater along the coastal mesas of the Encinitas area exists at an average approximate
depth of 30 feet or more. Groundwater movement is generally towards the sea level gaps
between the mesas and to the west towards the Pacific Ocean. Source: California DepaLt~ent
of Conservation, Division of Mines and Geology, "Classification and Mapping of Quaternary
Sedimentary Deposits For Purposes of Seismic Zonation, South Coastal Los Angeles Basin,
Orange County, California", October 1980.
DIAGNOSTIC ENVIROIxIMENTAL INC. PROJECT NO. I A2889DWI301
3
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE. ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
IV. HISTORICAL Pd'4D AGENCY RECORDS REVIEW
The purpose of the historical/agency records review is to trace activities on the site to the '
original owner and/or to undeveloped land, in order to identify the present and past existence,
use, or release of environmentally regulated or hazardous substances at the Property Site.
HISTORICAL RECORDS
Fairchild Aerial Photography Collection, Geology Department, Whittier College
DEI has requested a search for historical aerial photographs of the Property Sites from the
Fairchild Aerial Photography Collection of the Whittier College Department of Geology. At
the time of this report, the historical aerial photograph search had not been completed by
Whittier College. DEI will review the photographs when they are made available and provide
comment under a separate cover.
AGENCY RECORDS
County of San Diego Environmental Health Services, Hazardous Materials Management
Division
The County of San Diego Environmental Health Services, Hazardous Materials Management
Division (HMMD) is the lead agency responsible for the permitting and regulating of
underground storage tanks, hazardous materials storage and hazardous material spill
incidents, and the enforcement of state and local waste management laws, regulations, and
ordinances. The HMMD has no record on file regarding the land area occupied by the Property
Site. Source: County of San Diego Environmental Health Services, Hazardous Materials
Management Division, records review, September 2, 1992.
DIAGNOSTIC ENV IRONM EiNTAL INC. P ROI ECT NO. 1A2889 DWi01
4
ENVIRONMENTAL SFi'E ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
California Regional Water Quality Control Board, San Diego Region (Region 9)
The California Regional Water Quality Control Board (RWQCB) is the lead agency responsible
for maintaining and regulating water quality in the State Of California as well as monitoring
investigations for leaking underground storage tanks in the area of the Property Sites. Neither
the Property Site nor sites within a one-half mile radius of the Property Site are listed under
the RWQCB Leaking Underground Storage Tank (LUST) list. Source: Regional Water Quality
Control Board - Region 9, Leaking Underground Tank List, updated through May 1991.
State of California, Environmental Protection Agency, Department of Toxic Substances Control
(Region 4) -.
The California Environmental Protection Agency, Department of Toxic Substances Control
(CEPA-DTSC) is the lead agency in the State of California responsible for the promulgation and
enforcement of state waste management laws and regulations. The CEPA-DTSC report also
includes a zip code search of the Abandoned Sites Program Information System (CALSITES)
and Comprehensive Environmental Response, Compensation, and Liability Information
System (CERCLIS) lists. DEI has requested a record search regarding the Property Site. At the
time of this report, the CEPA-TSCP had not completed its file searcl~. DEI will forward the
information under a separate cover when received from the CEPA-DTSC.
State of California - Expenditure Plan for the Hazardous Cleanup Bond Act of 1984
Section 25334.5 of the Health and Safety Code, as amended by AB 129, requires the Depaitment
of Health Services (DHS) to develop a site-specific expenditure plan as the basis for an
appropriation of Hazardous Cleanup Bond Act funds. The plan identifies California hazardous
waste sites targeted for cleanup by responsible parties, DHS, and the federal Environmental
Protection Agency (EPA) over the next five years. Neither the Property Sites nor sites within a
one-half mile radius of each of the Property Sites are listed in the State Expenditure Plan.
Source: Expenditure Plan for Hazardous Substances Cleanup Bond Act of 1984, State of
California Health and Welfare Agency, updated to January 10, 1990.
'~ D[AGNGSTIC ENVIRONMENTAL INC PROJECt NO. 1A2~gDw~01
5
ENVIRONMENTAL SI'I'E ASSESSMENT
COAST FEDERAL BANK
SAXONY ROADIQUAIL HOLLOW DRIVE, I~NCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVIL£G~D
and closed landfills and transfer stations, within the State of California. The data for the list
was received from the California Integrated Waste Management Board. Neither the Property
Sites nor sites within a one-half mile radius of each Property Site are listed in the SWIS List.
Source: California Integrated Waste Management System, Solid Waste Information System,
updated to October 30, 1990.
State of California, Department of Conservation, Division of Oil and Gas ..
The Division of Oil and Gas (DOG) has a Wildcat Map CW-72) which covers the area of the
Property Site. The map shows no oil wells, active or abandoned, within a one-half mile radius
of the Property Site. Source: State of California, Department of Conservation, Division of Oil
and Gas Wildcat Map W-72, from Munger Map Book, updated through March, 1991.
United States Environmental Protection Agency (USEPA), National Priorities List
The National Priorities List identifies hazardous waste sites that are scheduled for cleanup
action utilizing federal funds. Neither the Property Sites nor sites within a one-half mile
radius of each Property Site are listed in the National Priorities List. Gourde: National
Priorities List, effective July, i991 (55 Federal Register 51532, December 14,1990), Title 40 Code of
Federal Regulations, Part 300 et seq.; State of California Expenditure Plan for the Hazardous
Cleanup Bond Act of 1984 (revised January 1989); and Update to the 1989 Expenditure Plan for
the Hazardous Substance Cleanup Bond Act of 1984 (January 10, 1990).
United States Environmental Protection Agency (USEPA), Federal Facilities List
The Federal Facilities List identifies federally-owned properties which are scheduled for
remedial action relating to environmentally regulated materials. Neither the Property Sites
nor sites within a one-half mile radius of each Property Site are listed in the Federal FacilitiES
List. Source: National Priorities List, Federal Facilities Sites, effective July, 1991 (55 Federal
DL~.~CS"rlC ENVIEONM I~TAL INC. PROJECT NO. 1A2889DW001
6
ENVIRONMENTAL SITE AS~F~SMI~NT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVF~ ~NCINITAS, CALI]:ORNIA
CONFIDENTIAL AND PRIVILEGED
Register 51532, December 14,1990), Title 40 Code of Federal Regulations, Part 300 et seq.; State of
California Expenditure Plan for the Hazardous Cleanup Bond Act of 1984 (revised January
1989) - document reviewed on June 6, 1990; and Update to the 1989 Expenditure Plan for the
Hazardous Substance Cleanup Bond Act of 1984 (~anuary 10, 1990).
United States Environmental Protection Agency (USEPA), Comprehensive Environmental
Response Compensation and Liability Information System (CERCLIS)
The Comprehensive Environmental Response Compensation and Liability Information
System (CERCLIS) is a data base used by the EPA to track activities conducted under its
Superf~nd Program. Sites which come to EPA's attention that may have a potential of
releasing hazardous substances into the environment are added to the CERCLIS inventory.
There are three categories of sites on the inventory: a) sites which may be potentially
hazardous and require preliminary site investigation; b) sites which have been investigated
and based on the investigation no further investigation or remedial action is planned under
the Federal Superfund Program; and c) final and proposed National Priorities List (N'PL) sites
which have been investigated and EPA has determined the sites may represent a long-term
threat to public health or the environment. Neither the Property Sites nor sites within a one-
half mile radius of each Property Site are listed in the CERCLIS inventory. Source: United
States Environmental Protection Agency (USEPA), Comprehensive Environmental Response
Compensation and Liability Information System (CERCLIS), updated to October, 1991.
DIAGNOSTIC ENVIRONMENTAL INC. PROJECT NO. 1A2889 DWiX)I
7
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE. ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRIVILEGED
V. ENVIRONMENTAL FINDINGS AND RECOMMENDATIONS
PROPERTY SITE CONCERNS
A. Miscellaneous Concerns
Findings
DEI observed no hazardous waste generation on the Property Site. DEI observed no
evidence indicating the existence of underground storage tanks (USTs) or above-
ground storage tanks (AGSTs) on the Property Site. DEl observed no evidence of
electrical transformers on the Property Site. DEI observed no evidence indicating the
existence cesspools or sumps on Property DEl observed no stained areas or
of
the
Site.
stressed vegetation on the Property Site.
An abandoned automobile (Volkswagon Bug) was located in the dry creek bed on the
west side of the Property Site. At least three different areas in the interior of the
Property Site were observed to have piles of tree clippings and grass cuttings along with
small quantities of household trash consisting of paper products, canned goods, and
food trimmings. It appeared evident that various persons had driven back into these
areas of the Property Site and dumped their yard clippings and household trash.
Recommendations
The abandoned automobile may be a small point source of contamination if oil and/or
gas tanks are in a leaking condition. Special care should be taken when removal of the
automobile from the Property Site is required.
The household trash and tree clippings found on the Property Site represent no
significant environmental concerns if handled properly.
Unaudited Historical and Governmental Files
DEI submitted a written request for a historical aerial photograph review of the
Property Site and surrounding areas from aerial photographs maintained within the
D~,C2~OSrtC ~'~V~P, CX'~AL ~C. Pl~o~cr ~o. l,~a~9ow0o~
ENVIRONMENTAL SITE ASSesSMT. NT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALrFORN~A
CONFIDENTIAL AND PRIVILEGED
Fairchild Aerial Photograph Collection at the Department of Geology at Whittier
College. These photographs have not been made available for review at the time of
this report. In addition, a response to DEI's request for information from the following
government agencies was not obtained before the submittal of this report: The State of
California Environmental Protection Agency Department of Toxic Substances Control.
When completed, information obtained from DEI's review of the historical aerial
photographs and government agencies will be forwarded in a supplementary report.
DIAGNOSTIC ENVIRC)NM ENTAL iNC. PROJECT NO. 1A2889DW(]OI
9
ENVIRONMENTAL SITE ASSESSMENT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PKIVILEGED
VI. LIMITATIONS
DEI has prepared this Environmental Site Assessment using reasonable efforts in each phase
of its work to estimate the liabilities associated with environmentally regulated substances at
the Property Site. The performance of this Environmental Site Assessment was in accordance
with current professional standards for environmental assessments. Findings within this
report are based on information collected from on-site observations and from available
information obtained from governing public agencies/sources. The information contained
within this report is limited to provided data and available documents.
This report is not definitive and should not be assumed to be a complete or ~pecific definition
of the conditions above or below grade. This report is not intended to be a construction
document and should not be used for construction purposes. DEI makes no representation or
warranty on any environmental concerns at or near the Property Site that were not readily
accessible at the time of the site visit or available in the reviewed public records. DEI makes no
representation or warranty that the operations at the Property Site are or have been in
compliance with all applicable federal, state, and local laws, regulations and codes.
' D[AGNCb-TIC F. NV IRC:tx~M I~qTA L INC. PROJECT NO. 1A28~9 DW(1)I
10
ENVIRONMENTAL SITE ASSESSMENT
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
33
'i
,!
FROM UNITED STATES GEOLOGOCAL SURVEY 7 1/2 MINUTE TOPOGRAPHIC MAP 'ENCINITAS, CALIF.'
<~ SCALE 1:24000
FIGURE 1
TOPOGRAPHIC MAP CONTOUR ~NTERVAL 20 FEET
· DIAGNOSTIC ENVIRONMENTAL INC. PROJECT NO. 1A2.889DW001
ENVIRONMENTAL SITE ASSESSMENT
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENClNITAS, CALIFORNIA
RESIDENTIAL RESIDENTIAL
HCUSI'4G HQUSIgG
Z
~ OPEN LAND
z KILDEER CT
:.: ....... ............ ,,,. =================================
< :.: CPENLAND
::::::::::::::::::::::::::::::::::::::::::::: APPROXIMATE
SCAle,RED
FIGURE 2 ~ LEGEND
VICINITY PLAN
NOT
TO
SCALE
I~i!l = PROPERTY SITE
DIAGNOSTIC ENVIRONMENTAL INC. PROJECT N~. 1A2889OW001
ENVIRONMENTAL SITE ASSESSMF~NT
COAST FEDERAL BANK
SAXONY ROAD/QUAIL HOLLOW DRIVE, ENCINITAS, CALIFORNIA
CONFIDENTIAL AND PRiviLEGED
APPENDIX A - AGENCY CORRESPONDENCE
D[AGNCb'TIC ENV [RONM ENTAL INC.. PROJECT NO. 1A2889DW(~OI
13
Diagnostic Engineering inc.
September 1, 1992
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
245 West Broadway, Suite 360.
Long Beach, California 90802
Attn: Julie Johnson - Public Records
RE: CEPA-DTSC RECORDS OF HAZARDOUS MATERIALS
Dear Julie:
I am con'tacting you in order to determine if the California Environmental Protection Agency, Department
of Toxic Substances Control has records of hazardous materials for a location in Encinitas. Specifically I
am interested in obtaining information regarding current and previous hazardous waste activities,
underground storage tanks, facility inspection results, notices of violation, actions or mitigation steps
required and/or performed, actions or violations still pending and possible 'listing in the CALSITES
(ASPIS) and CERCLIS lists. The location of interest is:
Saxony Road/Quail Hollow Drive
Encintas
Zip Code - 92024
This requested information would be included as part of an environmental site assessment study.
If you have any questions regarding this letter, please do not hesitate to call me. Thank you in advance
for your assistance and timely response to this request.
Sincerely,
_/Project Manager
JWM/]m
EXHIBIT '1'
DISCLOSURE STATEMENT
In futtberance of Paragraph 6 and subject to the conditions, limitations, agreements and provisions provided
for in Subparagraph 6.1.4 of the Agreement of Purchase and Sale and Joint Escrow InStructions to which this Exhibit
· l' Is hereby attached, the following disclosures, doCuments and Informmion are being PJrnished to Buyer concerning
the sub,eot Property k~ceted in Enclnitas, Calffomis, as more particularly described on Exhibit 'A' attactled hereto.
1. The Phase I Repoft, as defined in Paragraph 6.1.2 of the Agreement of Purchase and Sale and Joint Escrow
InatruCtlOus, provided as Exhibit *H' thereto.
2. The major use permit granting the development of 156 townhome units to be built on the subject propeey haS
expired and Is no longer valid and may not be legally permissible. The Property may have been In litigation
over the validity of this major use permit. The current status of that litigation Is unknown, but it was initiated
by the previous owner of the Properly, before foreclosure.
3. The City of Enclnites may or may not approve a final map for 60 slngis-family residential lots, and building
permits will be issued by the City of Enclnitas.
4. The property is believed to consist of 58.95 gross acres and approximately 35 acres of which are designated
open space easements. The property is located within the community of Leuc~dia, city of Enclnitas, county
of San DISgo, State of California, approximately 20 miles north of downtown San Diego.
The subject property [s located In a drainage basin tributary to Batiquitos Lagoon. Topographical conditions
Include a fairly ievel hilltop with steep slopes down into a stream valley. The majority of the usable acreage
~s ~cated In the valleys. Portions of the valley bottom exist on the northern and western border. Slopes face
north, west end east, with a mesa hilltop area on the eastern margin. Some slopes have over 40% grades.
6. Paved ingress and egress Is only possible from Saxony Road, which Is an asphalt-paved, two-lane road.
Quait Hollow Drive Is also a two-isne, asphalt-paved road.
7. Negative influences include environmentally sensitive lands and a targa amoum of open space. Addit[onstly,
the developable land is located in the lower [avsts of the site near Saxony Road and offer limited viswa.
8. Surfaces Instube coastst sagebrush and ruderst grasses, several dirt trails and dirt roabe. There Is a USGS
designated blue itne stream which runs north/sOuth across the western valley. The blue itne area Is a poasibis
wetland habitat. Sensitive lands are known to exist on portions of the open space and may also be in or near
the blue line area in the valley or in other areas of the subject. A 50' to 100' nondevelopabis buffer may be
required on each side of the blue line stream depending upon the type of vegetation found. The buffer land
can be used to meat minimum lot sizes but cannot be developed upon. Environmentally sensitive Isnds may
prove to reduce the potential lot yield.
9. ACCOrding to an older Soil Inve~tlgaiton and Geological Report, there are adverse soils end geological
condit~ons consisting primarily of ancient tendslibes, loose sudiclal d~posits of topsoils, slopewash and
stluvlum and potentially expensive soils, which will require remedial grading measures.
10. Prior to the incorporation of the City of Encstitas, San Diego County approved a final map and a major use
permit on the su~ect site in Apdl, 1984. The recorded final map has 56 lots (34 conbominlum lots, 4 open
space lots and 18 street ~ois). The major use permit allows the development of 156 muitlfamlly dwelitng units
to be two- and three-bedrooms [n three- to alx-unit clusters. The City of Enclnltas and the previous owner were
in litlgarion, as referenced above, as to the va~ioffy of the major use permit after the incorporation of the City
of Encinitas, which occurred after April, 1984. Without a valid major use permit, the subject site cannot be
developed witrt multffam[ly units.
11. The Property was the subject of certain litigation entitled Jane E. Anderson vs. Quail Ass0clstes, at al., San
Diego Superior Court Case No. N52511, related to disputed real estate commlsalons due and owing. This
I~itgetion may or may not have an affect on the Property. Buyer is invited to reference that court file.
LEGAL DESCRIPTION
Exhibit "A'
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CAUFORNIA, COUNTY OF SAN DIEGO, AND
IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 56 INCLUSIVE OF COUNTY OF SAN DIEGO TRACT NO. 3526, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10901, FILED IN THE
OFFICE OF THE COUhr'[Y RECORDER OF SAN DIEGO COUN3~f, APRIL 11, 1984.