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2002-404329
r RECORDING REQUESTED BY: FIDELITY NATIONAL TITLE When Recorded Mall Document To: City Ot~ Encinitas 505 S. Vulcan Ave. £ncinitas, CA 92024 Attn: Chris Hazeltine DDt i120Q2-0404329 15500 · · AP-N: 260-43D-12/260-430-!~.260-430-1~ ~'2~'~~ SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE WHEREAS, The City Of Encinitas was the original Trustor, Fidelity National Title the original Trustee, and Cardiff Elementry School District the Beneficiary, ~ BIEGO C~¥ RE~ORER'B OFFICE G~ J. ~ITH, COUNTY ~mRDER dUN i 2' F~8: 20.00 ~Y: ~ ~o,4~o-~ ..~ .:.~_~ :__ ~ _ ~oo~.o~o~ under that certain Deed of Trust dated August 30, 2000 and recorded as Instrument no. 2000-OBOS404-.on September 21, 2000 in book, page, Official Records of the county of San Diego. State of California, and WHEREAS, the undersigned Beneficiary desires to substitute a new Trustee under said Deed of Trust in place and stead of Fidelity National Title now therefore, the undersigned hereby substitutes Cardiff Elementry School District. a California Corporation as .~.~ustee under said Deed of Trust and Cardiff Elementry School District, a California Corporation as the substituted Trustee does hereby reconvey, without warranty, to the person or persons legaliy '~l~l~d~-~-r~s-tat~ thereunder. DATED: March 29, 2002 STATE OF CALI,~O?NIA COUNTY OF -~'~'~'-- k'"~ %0 ON (~_ \\ ~(~'2_ before me, ~'-'~' ~ -.~- ~t-~ personally appeared personally known to me Ior proved to me on the basis of satisfactory evidence} to be the personls) whose namels) 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 -behaff- of which the person(s) acted, executed the instrument. Witness my h~d official seal. Signature [ ~ ~' Csrciiff Elemei~try School District, Corporation a California Beneficiary Beneficiary cC~rrdpioffratiEolne ~r~, ~ S c hs°Zl~'~ D m ~nuCt~; t, t au t e dC ~ irfjsr~2 ea Substituted Trustee FD-236 {Rev 9/94) SUBSTITUTION OF TRUST & FULL RECONVEYANCE Fidelity National Title Company 1 91 N. [I Camino Real #204 · Enclnltas, CA 9202.4 (760) 436-2021 · FAX 1760) 43s-o~e3 TO: Tim Szucs Fidelity National Title Company 191 N. El Camino Real #204 Encinitas, CA 92024 DATE: August 30, 2000 ESCROW NO: 302514-TS PROPERTY ADDRESS: APN# 2B0-430-12, 13, 14, 15, 65, Encinitas, CA 92024 PRELIMINARY REPORT APPROVAL I have read the Preliminary Report dated August 22, 2000, covering the property described in your above numbered escrow, and approve the Policy of Title Insurance to be issued to me as required by my instructions to include as encumbrances therein Item Nos, 1-9 & 11 of said report, in addition, to those specific items described in my escrow instructions or created by me. I hereby acknowledge receipt of copy of said Preliminary Report, The City Of ~cini~, a ~alifornia corporation (Rev, 5195) 10/09/00 23:06 FAX 760 7552370 FIDELITY TITLE -~ FNT ENCINIT.~$ 1~008 A portion of a quadriletel'al tract o~ land, said quadrilateral tract being the N~rth half of t~te Southeast Quarter of the Northeast Quarter ef the Southwfq~t Quarter cf Section 23, Townehip 13 -~outh, Range 4 West, San Bernardlnc Meridian, in the County of San DI.~Io, State of California, according to the Official PlAt ~3~tereof, said porrlon of said ~lUadrilsteral tract being described !~s follows: ]r Deginnlng aT the Southwesterly c'~er of eaid Tract; thence along the Southerly line of said a'act;, South 89~51'40" East 258 feet; thence J)arallel wlthtJhe We~erlV line of ~ald t~sct, North 0a 17'25" East '~ 69 feet; tlle~a parallel with said Southerly line of said tract N~rth 89~ 51 '40" West 258 feet to said Westerly line of said trac~ thence along said Westerly line cf said tract, Sou'ch ~)~ 17~25' West 1 $~ feet te the Point of i;~eginnlng. 10/09/00 23:06 FAX 760 7582370 FIDELITY TITLE -~ FNT ENCINITAS ~007 EXHIBIT ONE That portion of the North Half of t~ Southeast Quarter of the Northeo~ Quarter of the Southwest Quarter of Section 23, Township 13 South, Ronge 4{West, San Betnardino Base and Meridian, in the County of San Diego, b"~ate of Ceilforn a, accord ng tO the Cftc e! ,Plat thereof, whic ~ les Ee~t described as fo owe; Beg{nning at a point in the Southe~ll/line cf said North Half, which is dietsn/, thereon South 59 °S 1'~,O" East 258,00 feat &om the Southwest corner O~Sa~d North Hair; then~e pa~affal wffh tho Westerly line of said North Half North 0°17'25'. East 169.00 feet; than~[ South 89051'40" East 12.56 feet; thence North O" 17'25" East 161 feet, more or less, ts the North line of said NO~'th Half. Except the Easterly ;[64 feat of.$~ North Half of the Southeast Quarter cf the Northeast Quarter of Section 23. r Parcel IA: An easement and right of way for feet of the North Half of the Sou~r~ea~ Quarter of the Northeast Quarter of the $euthwe~ Quarter of Section 23, Township 13 South, R=nge 4 Wes~,!Ssn I~ernerdino Meridian In the County ef San Diego, Stets of Calfiernls, according to the Official Plat thereof. Parcel 2: The E~t 264.00 teat of the Nort~i Half of the Southeast Quarter of the Northeast Quaxter of the Southwest Quarter of Section 23, Township 13 Sou' ~, Range 4 Wes'c San Barnardlno Meridian, in the County of Sen Diego, State of California, according to the Offlcil Plot thereof, Parcel 3: That portion of the Northeast Quarter of the Nerthee~ Quarter of the.Southwest Quartet of Section .2,3. Townahi~ 13 South. Range 4 West Sen Bernard~r~O Merldlan~ in the County of San D~ego, Stere cf Ce§fornls, eccordlrtg to the Official Plat thereof, more particularly deSCribed ss Commencing et ~he Northwest c~r~ner of the Northeast o~srtor of the Northeast Quarter of the Southwest Quarter of said Section 23= thence along t~Wsst line of said Northeast Quarter of the Northeast Quarter of tho Southwest Quarter, Sooth 0° ~ 7' West, 327~81 feet t~ the True Point of Beginning; thence contlmJIng aiorlg the West line of said Northeast Quarter of ths NortheaSt Qu~rtst of the Southwest Quarter, a distance of 327,S 1 feet tO tho Southwest corner oY esid No.beast Quarter, ~f the Northeast Qua~er of the Southwest QueSter of said Section; thence North ~S°56'50" East along the ~outl~ tine of said Northa~'t QuaSar of the Northeast Quarter Of the Southwest Quarter, 661.88 feet to the Southeast colrfier of sold No,the&st Quarter of the Northeast Quarter of the Southwest Quarter, being also a po~n.t i,n. th~s We~t llr~ cf Felomarea Heights, Map No. 2114, filed l~ the ~ce of the County Recorder; th~n~ North 0 21 21 ?st alod~ the We~ line of esid Palom~r~s Heights, 326.~4 lost to a~ nterse~lon w th a line bearing South 89°5~' 10' E~t f~dm ~ True Poinl of Beginning; thanes No~h 8B~58'10~ West, 661.00 feat to ~he True Point of Beginning. Parcel 4: That ~orl:io~ cf the North HaJf ofit~e Southeast Quarter of the Northeast Quarter Of the Southw~ Que~er ~ S,~en 23, Township 13 Sou~, Ra~ge~ West~ Sa~ Barfi~dine Meridian, In the County of San Dlego~ St~a =f Ca fornla, accordin~ to xhe Official Pie[ ~f, described es ~llows: . Beginning a1 a point on ~he W~ line of sa.d North half of ~e Southeast Quar~r of ~e N~rtheast Quer~r of the So uthwest Qus~er of Section 23,~ Gi~ant the~e0n Nort~ O o 17'25' E~, 168.O feet from ~e gouthwe~ corner of said NO~ Half; th~C~ ~outh 89051~0" E~t p~ellel'with the 8o~h~Iv ~lne of said No~ Heir, a distan~ of 270.56 feet; thence No~ 0~17 25~ E=~ pad,Iisi wi[h the West line =f said North Half 161 fe~, more or less, to the North llne of se~d No[th Half= thence Wa~etJ~ ~long said No,body llne 270,56 ~ to the Northwe~ co~ner ~ said No~h Half; thence Seth O= 17'26" We~ ai~g ~e Wa~ [ins of said No~h H~lf 161 fe~, more or leas, to the Point ¢ Eeginning. Parcel 5: : l..0_/09/00 23:05 FAX 750 7552370 FIDELITY TXTLP~ ~ FNT ENCINITAS ~006 " "' " 1277 APN: 250-430-121260-430-13/2~.~.30"141260-430 To Protect the Seoun~t7 of this Dee~ of Tm~t. Treater Agrees: By ~o ~ecuflo~ end del~ery ~ this Deed of Ttu~ and the note secured hereby, that ~ovisions (t) to (14). ineluslve, of ~ fic6~ous ~eed of tru~ recorded i~ Santa Barb~ra Cou~W ~d Sonema Cou~ October 18, 1951, and in all other eou~tl~ 0c~b~ 23. 1961, in ~e book end at the p~ge ef O~clal R~cotds i~e office of the ~unW recorde~ of the counw ~er~ noted be ow op~os te ~he ~ame o~uch c~u~ty, viz: COUNTY BOOK PAGE COUNTY i BOO~( PAGE COUNTY BOOK PAGE COUNTY nQOK Catave~a~ 145 152 M~a ~ ~: 810 1~O Sin B~{[o 27~ ~8~ ~n~taua 1715 which provisions, identicsI In ell ~ountles, (printed on the attached unrecorded pageS') ere hereby adopted and incolporated herein and made a p~'t hereof aa fully aa though sat fo~ herein a~ length; that Tms~r will observe and perform said provislonst a~d that ~e references to prope~, obligations end pa~es ~n said prov~sions ~hali be con$true~ to refer to ~e proper~obl~etiona, and pa~ies set for~ in this Deed of Trust. The undersigned Trustor reque~s ~het ~ cOpV of any Notice of Default a~d of aRy Notice of Sale hereunder be moiled to him at h~s address hereinbefor~ ~set far,h_ STATE OF CALIFORNIA P~Cl~ ~ ~'~~lly appeared pendently known to me (or prov~ to me on the b~is of ~atl~factoW evid~ceJ ~ be ~ pemon~ whose ,ame(~ Js~ subsctlbed ~ the ~i~hifl in~rument ~d acknowledged to me ~at heJ~ exe0uted ~e same in his/~ au~orized c~ac~W~, and that by hi~/~ slgflatur~ onj~he inerrant the peasant, or ~e enOW uOon ~ehe~ of which the pe~son~a~d. ~ecuted the InStrument. W~ess my hand and official $e~J? Signature ~ ~ ~-2z1B (R~. 9J~4) SHQRTFORM DEE~ OF TRUST Page No. 2 Of 4 Tuesday, October 10, 2000, 11:51 Escrow: 302514-TS ATTACHMENT TO RESPA BUYER SELLER DEPOSITS TO ESCROW The City Of Encinite$ The City Of Encinitas 1,500.000.00 4,618.50 L, SETTLEMENT STATEMENT ~;:.]~ .~A~ · ~. '"~. ~.~ ~g~$~ ~ A. U.S. DEPASTMENT OF HOUSING AND URBAN DEVELOPMENT I~i TYPE OF LOAN ~MB'ND. 2502~0265 SETTLEMENT STATEMENT 1. [ ] FHA 2, [ I FmHA ''3. [ ] Cony. Un)ns Fidelity National Title ~ "'"~°mm'an: 4, [I VA 5. [ I Cony, IRS 6. ESCRO~V'NUMBER; '7, LOAN NUMSER: 302514-TS 8. MORTGAGE INSURANCE NUMBER: NOTE; THIS FORM IS FURNISHED TO DIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAiD TO AND BY THE SETTLEMENT AGENT ARE SHOWN, ITEMS MA~KED "(P,O.C,)" WESE PAID OUTSIDE OF THE CLOSING: THEY ARE SHOWN HERE FOR INFORMATIONAL PURPOSES AND ARE NOT INCLUDED IN THE TOTALS, D, NAME OF BORROWS: E. NAME OF SELLER: F. NAME OF L~NDER: The City Of Enoinitas Cardiff Elementry School District Cardiff Elomentry School District 505 S. Vulcan Ave, 1888 Montgomery Ave. 1588 Montgomery Ave, Encindas, CA 92024 : Cardiff SV The See, CA 92007 Cardiff By The Sea, CA 92007 * G. PROPERTY LOCATION: H, SErrLEMENT AGENT: I, SErFLEME~ff DATE: Enulnltas, CA 92024 .... 09/21/2000 PLACE OF SETTLI~IENT: 191 N. El Cam)no Real //204 Enclnit~s, CA 92024 J, SUMMARY' OF 80RROW£R'$ TR,~'NSACTION$ "' ~. ,?,UMMARy O/'~ELLER'$ TRANSACTfONS 101. Total Consideration 2,330,000,00 ~01, CoAtract Sale~ Price 102, Per~ena[ Property 402, Per~onal Property 103. Settlement ~harges to borrower (line 1400) 4,ZZ'~,§O 403, -i'o~, ~OA, 105. 405,' ..... Adjustment~: Items Paid by Seller in Advance Adjustments: Item~ Paid by Seller in Advanco 106, City/T~'wn Taxes ........ ¢0B. City/Town Taxes 107, County Taxes ~,O7, County Taxes ...... 109. ¢09. "i'1'o, ¢1o, ' ....... 111. ~11. "113, ~13. ' ..... 114, 1,14. 11§, $15. - ..... 116. ~-16, 117, $17. 120. GROSS AMOUNT DUE FROM BORROWER 2,334,227.50 ~,20. GROSS AMOUNT DU~ TO SELLER · :At~ ~ ' ~ ' ~ " ..... ~' " ~: ~ ~,~,~ 201. Deposit or earnest money 1,904,618,§0 iO1. Excess deposit (see inst,) 202, Prinoipal Amount of New Loan(s) R30,O00,O'(~' i02, ~ettlement oharges to sol[er (line 1400} 203, Existing loan(s) taken subject to ~0S, Existing Joan(a) ti~kon subjeot to 204, ~04, 205. i05, gas, ~06. -"~O7, , ..... iO7,, ...... 208. ;08. 209, ;06, Adjustments; Items Unp'aid by Seller Adjustments; Items Unpaid by Seller 210, City/Town taxes ~ IO, CityFFown Taxes ' ' 211. County Taxes 511, County Taxes 212. 512, Assessment's .... 213, 513. 214. 514. ' .... 215, .~15, 216, ~16. 217. ~17. 218, ~18, 219. ~19. 220, TOTAL PAID BY/FOR ~20, TOTAL REDUCTIONS IN BORROWER 2,334,618,~0 AMOUNT DUE SELLER 301, Gross amount due from borrower {llne 120) 2,934,227,50 ]O1, Gross amount due to seller (line 420) '~'02. Les,~ amounts paid by/far borrower {line 220') 2,334,618,50 ~O2, Less reduction In amount due seller (In '920) 303. CASH"i FROM) (XX TO) B~'~ROWER 391,OO ~03. CASH ( FROM} (TO) SELLER ...... Fidelity National Title Company 191 N. El Cami~o Real #204 * Enoinita~, CA 92024 ~7eO) 436.2021 · FA)~ {7co) 4~e-0~93 DATE: October 10, 2000 ESCROW NO: 302514-TS ESCROW OFFICER: Tim Szucs TIME: 11:51:34 CLOSING DATE: September 21, 2000 BUYER FINAL CLOSING STATEMENT SELLER(S): Cardiff Elementry School District BUYER(SI: The City Of Encinitas PROPERTY: APN# 260-430-12, 13, 14, 15, 65, Encinitas, CA 92024 DEBITS $ CREDITS FINANCIAL: Total Consideration Deposit - The City Of Encinitas Deposit - The City Of Encinitas New 1st Trust Deed to Cardiff Elementry School District ESCROW CHARGES Escrow Fee 2,330,000.00 4,227.50 1,500,000.00 4,618.50 830,000.00 BUYERS REFUND TOTALS $ 391.00 2,334,618.50 $ 2,334,618.50 SAVE THIS STATEMENT FOR INCOME TAX PURPOSES S~¢row No, '~02514-TS Title Order No. 00237Z'~4 EXHIBIT ONE Parcel 1: That portion of the North Half of the Southeast Quarter of the Northeast Quarter of the southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bemardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, which lies East described as follows: Beginning at a point in the Southerly line of said North Half, which is distant thereon South 89°51'40" East 258.00 feet from the Southwest corner of said North Half; thence parallel with the Westerly line of said North Half North 0°17'25" Best 169.O0 feet; thence South 89°51'40'' East 12.96 feet; thence North 0°17'25'' East 161 feet, more or less, to the North line of said North Harf. Except the Easterly 264 feet of said N.orth Half of the Southeast Quarter of the Northeast Quarter of Section 23. Parcel lA: An easement end right of way for ingress end egress for road purposes over the Southerly 12 feet of the Westerly 258 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, Sen Bernardino Meridian, in the County of San Diego, State of Calfiornia, according to the Official Plat thereof. Parcel 2: The East 264.00 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San nernardino Meridian, in the County of San Diego, State of Californla, according to the Official Plat thereof. Parcel That portion of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 23; thence along the West line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, South 0 ° 17' West, 327.61 feet to the True Point of Beginning; thence continuing along the West line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, a distance of 327.81 feet to the Southwest corner of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section; thence North 89"56'50'' East along the South line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, 661.88 feet to the Southeast corner of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, being also a point in the West line of Palomeres Heights, Map No. 2114, filed in the Office of the County Recorder; thence North 0°21'21" East along the West line of seid Palomares Heights, 326.84 feet to an intersection with a line beefing South 89°58'10'' East from the True Point of Beginning; thence North 89°58'10" West, 661.00 feet to the True Point of Beginning. Persel 4; That portion of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, described as follows: Beginning at a point on the West line of said North half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, distant thereon North 0° 17'25" East, 169.0 feet from the Southwest corner of said North Half; thence South 89°51 '40" East parallel with the Southerly line of said North Half, a distance of 270.56 feet; thence North 0°17'25'' East parallel with the West line of said North Haft 161 feet, more or less, to the North line of said North Half; thence Westerly along said Northerly line 270.56 feet to the Northwest corner of said North Half; thence South 0° 17'25" West along the West line of said North Half 161 feet, more or less, to the Point of Beginning. Parcel 5: A portion of a quadrilateral tract of land. said quadrilateral tract being the North half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, said portion of said quadrilateral tract being described as follows: Beginning at the Southwesterly corner of said tract; thence along the Southerly line of said tract, South 89°51'40~' East 258 feet; thence parallel with the Westerly line of said tract, North 0° 17'25" East 169 feet; thence parallel with eeid Southerly line of said tract North 89051'40'' West 258 feet to said Westerly [ina of said tract; thence along said Westerly line of said tract, South 0 ° 17'25" Weet 169 feet to the Point of Beginning. August 30, 2000 Page Escrow No: 302514-TS determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned are to be mailed to la. STATE/FEDERAL CODE NOTIFICATIONS According to Federal Law, the Sell~r, when applicable, will be required to complete a sales activity report that will be utilized to will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to tho County Jn which subject property ~s located, upon recording ~f the Grant Deed, auyers acknowledge that th~ appgcable fee w~ll be assessed by said County and Escrow Ho[der shaft deb?( the compliance therewith. 17. ENCUMBRANCES a llsnhelder or his agent without liability or responsibility for the 1 a. ENVIRONMENTAL ISSUES Eidellty National Title Company has made ne investigation impact as to forms of toxification, if applicable, will be done dlreetly and by prln¢ipats outside of escrow, Fidelity National Title Company is released of any responsibility and/or liability in connection therewith. 19. USURY Escrow Holder is not to ba concerned with I~n¥ questions of usury in any loan or encumbrance ]nvolyed in the processing of this escrow and is hereby released.of any responsibility or liabillty therefore. 20. DISCLDSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent oompllance with these instructions, does not create any Iiabillty or duty in add~tlen to these instructions. 21. CLARIFICATION OF DUTIES Fidelity National Title Company serves ONLY ~e an Escrow Holder in connection with these Instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable.or liable for the sufficiency or correctness as to form, manner of execution, or valldlty Holder*s duties hereunder shall be limited to the proper handling of documents recelv~d by Escrow Holder. and for the disposition of Harder, The agency and duties of Escrow Holder commence only upon receipt of cep~es or these Escrow lnstru~t~one e×eeuted by a~l parties. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND RINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND RE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. FIDELITY NATIONAL TITLE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2597-3 ISSUED BY THE CALIFORNIA DEPARTMENT OF INSURANCE, City Of cin' , Californ!a corporation Cardiff Elementry School District, a California corporation By: Rodger Smith Date: August 30, 2-000 Page 4 Ese'row No: 302514-TS GENERAL PROVISIONS 1. DEPOSIT OF FUNDS The law deagng with the disbursement of funds requires of any funds, Only cash or wire transferred funds can be given immediate availability upon deposit, Cashier's checks, teller's cheeks and Certified checks may be available one business day after deposit, All other funds such as personaE, corporate or partnership checks and drafts ate subject to mandatory holding periods whleh may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transfer, Outgoing Wire All funds received in this escrow shall be deposited with Fidelity National Title Company, with any state or national bank, or savings and loan association (the "depository Institution") and may accommodations or other benefits by the depository institution. Escrow Holder or its affiliates also may elect to enter into other other benefits, interest-bearing account, All disbursements shall be made by check of Fidelity National Title Company, The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any sole dutv end responsibility shall be to place said wire transfer escrow. Escrow Holder will NOT be held responsible for lost interest banking regulations with regard to placement of wires, In the event there is insufficient Uae to place a wire upon of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT iNSTRUCTION, FUNOS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. thereof of not less than $10.00 per month, 2. pRORATIONS AND ADJUSTMENTS otherwise instructed in writing. You ara to use infoTmation contained on [,~st available tax statement, rental statement as provided by the 3, SUPPLEMENTAL TAXES The within described property may be subject to taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer ~nd any supplemental real property of the Seller, TAX SILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4, UTILITIESIPOSSE~SlON be settled by the parties directly and outside escrow. S. PREPARATION AND RECORDATION OF INSTRUMENTS 7. RIGHT OF CANCELLATION Cent~hued on fo#owing page Any prinolpal instructing you to cancel this escrow shall file notice of canoellatlon in your office in writing, You shall, within two {2) working days thereafter, deliv?,'ene copy of such notice to each of the other principals at the addresses stated [n this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED iN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (1 O) DAYS AFTER DATE OF SUCH MAILING, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow end take no further action until otherwise directed, either by the pBnoipels' mutual wri~en instructions, or by final order of a court of competent Jurisdi~tlon, B. PERSONAL pROpERTY No examination or insurance as to the amount or payment By signing these Ge~eta] Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any "Bulk Sales" requirements, and ~nstruct Escrow Agent to proceed with the closing of escrow w~thout any eonsideratlon of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow, 9, RIGHT OF RESIGNATION Escrow Holder has the right to resign upon ten (10) days written notice delivered to the pNncipals herein, If such Hght is deposited them and Escrow Holder shall have no liability hereunder. 10, AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES ~ithar Buyer, Seller and/or L~nder may hand you the interest in any insurance policy Iother than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, required, and forward sucb policv(s) to the pHnorpals entitled thereto. It is not your respensib[EW to verify the information handed you or the assignability of said insurance, Your sole duty is to forward said Further, there shall be no responsibillt¥ upon the pert of be handled dlreotly by the principals, and outside of escrow, 1 1, ACTION IN INTERPLEADER Holder, have the absolute right at your eIect~on to file an action ]n interpleader requiring the principals to answer and litigate theb several claims and rights among themselves and you are authorized in glis escrow. In the event such action is filed, the principals jointly fixed and judgment therefor to be rendered by the court. Upon the filing of such a~tlon, Vou shall thereupon be fully released and 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken an this escrow within six (B) held bv you shall be returned to the parties depositing same. In the Natlonal Title Company, including expendlture~ incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically1, 13. CONFLICTING INSTRUCTIQNS Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non-¢on[llctlng (subject to sections 7, 9, 1 1 and 12 above), 14. REIMBURSEMENT ATTORNEY FEES/ESCROW HOLDER against a principal or principals herein, the principals or principals' by the court in said suit. 1 §. DELIVERY/RECEIFT atherwls~ stated herein is to be by regular mail, and receipt is ,..,.: Da,to,, August 30, 2000 Escrow No: 302514-TS Page 3 4., TRANSACTION AND SHOULO NOT ACT ON ANY ~TAT6MENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER, Buyer acknowledges deposit of balance of funds to close escrow to be in the for'~ of wire transfer, certified checl~, cashier's check or teller's check payable to Fidelity National Title Company pursuant to the "Deposit of Funds", Paragraph ~ contained in the General Provisions attached hereto and made s part hereof The undersigned hereby authorize and instruct Escrow Holder to charge each party to the escrow for their respective Federal Express, special mail handling/courier and/or incomihg/outgoing wire transfer fees. Unless specified in writing by the undersigned, Escrow Holder is authorized to select special mail/delivery or courier service to be used. Wire services required by the parties herein or by their individual lenders will be charged st twenty dollars (~20,00) per wire, incoming end outgoing. You are instructed to debit Sellers account and pay Sellers usual costs and charges including but not limited to Sellers portion of the escrow fee, CLTA Policy of Title Insurance, documer~t preparation, documentary transfer tax, and recording of reconveyance (s), if any. In the event the Buyers new Joan is s FHA or VA loan, charges shall be debited to the Seller in accordance with FHA and VA regulations, You are instructed to debit Buyers account and pay Buyers usual costs and charges including but not limited to Buyers portion of the escrow fee, document preparation, recording of deed(si of trust, if any, ALTA Policy of Title Insurance, if any, and new loan charges as instructed by lender, if any. In the event the new loan is a FHA or VA loan, charges shall be debited to the Buyer in accordance with FHA and VA regulations. THE FOREGOING INSTRUCTIONS AND THOSE "GENERAL PROVISIONS" ATTACHED HERETO AND MADE A PART HEREOF ARE APPROVED AND ACCEPTED IN THEIR ENTIRETY AS FULLY SET OUT IN THIS PARAGRAPH, EACH OF THE UNDERSIGNED BUYER(Si HEREBY AUTHORIZE ESCROW AGENT TO FURNISH COPIES OF CLOSING STATEMENTS TO LENDER AND/OR BROKER INVOLVED. BUYER'S S/GNA TURE: The City Of/Enci~s, a California corporstion MAILING ADDRESS: FORWARDING ADDRESS: I/WE HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. SELLER'S S/GNA TURE: Cardiff Elementry School District, a California corporation By:, Rodger Smith MAILING ADDRESS: FORWARDING ADDRESS: END OF INSTRUCTIONS. Continued on following poge Date: Escrow NO: August 30, 2000 302514-TS Page 2 taxpayer identification number of the person to whom (from whom) the interest is paid (or received). Exchange of tax identification numbers between Buyer end Seller shall be made by the parties. Said Note and/or Trust Deed to contain the following recitals: ADDITIONAL INSTRUCTIONS: AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS: The parties hereto acknowledge that they have previously entered into a Contract for Purchase-and Sale of Reel Property with respect to this transaction. Except as set forth in these Escrow Instructions, said instructions are not intended to modify, emend, supersede er in any way change said Contract. Any matters which are not expressly addressed in these instructions shall continue in full force and effect. Escrow Holder is not to be concerned with the terms and provisions contained in said Contract, notwithstanding any knowledge by Escrow Holder of said Contract or the deposit of said Contract into escrow, and is bound solely by the provisions of these Instructions, PRELIMINARY REPORT APPROVAL: The closing of this escrow is contingent upon the Buyer's approval of the preliminary report issued by Fiderity National Title Company dated August 22, 2000 including Covenants, Conditions and Restrictions, if any, on subject property, within 5 days from Buyer's receipt thereof. Such approval to be givsn to Escrow Holder in writing. GENERAL INSTRUCTIONS: 1. Seller is aware that interest on the existing loan(s) does not stop accruing at close of escrow, but continues until the actual day of receipt of the payoff by Lender. Seller is aware that interest will accrue through weekends or holidays, Seller is aware he/she/they are responsible for payment of all of such interest and will indemnify and hold Escrow Holder harmless in connection with the payment of such interest. In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 31/3 percent of the sales price in the case of a disposition of California real property interest by either: A seller who is an individual with a last known address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR b. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10% ef the amount required to be 'withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: c, The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000); OR The seller executes a written certificate under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California; OR The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding th~' withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. THE PA RTIES TO THIS TRANSACTION SHOULD SEEK TH E PROFESSIONAL ADVICE AND COUNS EL OF AN ATTORNEY, ACCOUNTANT OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS Fidelity National Title Company 191 N. El Camino Real #204 · En¢initas, CA 92024 (760) 436-2021 * FAX (760) 436-0693 SALE ESCROW INSTRUCTIONS Date: August 30, 2000 Escrow No.: 302514-TS Escrow Officer: Tim Szucs Buyer(s) have deposited with escrow, receipt of which is hereby acknowledged, an initial deposit in the amount of ................................. Buyer will execute and deliver a new First seller carry back Deed of Trust in the amount of ............................................. TOTAL CONSIDERATION ...................................... 1,500,000.00 1,426,000.00 ;~,330,000.00 AND, on or before September 1, 2000, Escrow Holder will be handed additional funds and/or instruments required to enable Escrow Holder to comply with these instructions, which Escrow Holder is instructed to use when in a posit[on to procure/issue e CLTA Standard Policy - 1990 Form coverage form Policy of Title insurance from Fidelity National Title Insurance Company with a liability of $2,330.000.00, covering the following described property located in tho City of Encinitas, County of San Diego, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF SELLER/TRANSFEROR STATES THAT PROPERTY ADDRESS iS: APN# 260-430-12, 13, 14, 15, 65, Encin}tas, CA 920~4 SHOWING TITLE VESTED IN: The City Of Encinitas, a California Corporation FREE EROM ENCUMBRANCES EXCEPT: 1. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for tho ensuing year. if any, a lien not vet due and payable; 2. The lien of supplemental taxes, if any, asseseed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California; 3. Bonds and Assessmente with no delinquent payments, if any; 4. Covenants, conditions restrictions, reservatiOnS, easements end rights of way now of record, if any; 5. A First Deed of Trust, to record, securing a note in the amount of $1,426,000.00 in favor of Cardiff Elementry School District. PRORATIONS; THERE ARE TO BE NO PRORATIONS IN THIS ESCROW. CONSUMMATION of this escrow is CONTINGENT UPON THE FOLLOWING; 1. NEW LOAN: Buyer to execute a new First Trust Deed and Note,'to record on your usual form, dated during escrow, in the amount of 81,426,000.00, in favor of Cardiff Elementry School District, OR ORDER, payable at the place as designated by holder hereof, at the rate of 0,0000% per annum and continuing until / / , at which time the remaining unpaid principal balance and interest accrued thereon shall be immediately due and payable. Escrow holder is authorized and instructed to endorse said Note with the date interest is to accrue, insert the appropriate payment dates and the maturity date on the face of the Note, over and above the signatures of the Buyer, at close of escrow without further approval from the parties herein. Escrow Holder is relieved of any and all liability and/or responsibility with respect to the terms end conditions of said Note and Deed of Trust including, but not limited to, the validity, sufficiency, enforceability, end/or collectability of same,. Tho undersigned hereby acknowledge they have been advised by Escrow Holder to seek their own independent counBel as to all matters concerning the recital(s), if any, contained therein. The parties hereto recognize and acknowledge that the comprehensive National Energy Policy Act of 1992, effective January 1, 1992, provides in part that in the event this transaction involves a seller-financed residential sale and if either Buyer or Seller, or both, claim a deduction for qualified residential interest, or if any person receives or accrues interest from seller-provided financing, sUCh person (both payer end payee) shall include on his or her tax return the name, address, a~d 10/0~/00 25:0~ ~A~ 760 RECORDING, REQUESTED BY: Fidelity National Title Company Eeetew Nu, 302S14~TS TI;I~ Or, et Ne. When Recorded Mail Oo~m~ Card~f Elementry School Di~i~j 1~88 Mon~ome~ Ave. Cardiff ~ The Sea, ~ 92007' ' FIDELITY TITI,E 1276 ~ FNT ENCINITAS BUll3 2000-0505404 ~IEP ~1. 2000 IB'-OO t:ES: APN: Zl~O-430.1212BO-4klIJ-l;,512 ~,150-14, [io-43U ~PACE ABOVE THI~ U~ FOR R~OR~m's THiS DEED OF TRUST, mad~ Au~m 30, ~000 , betwee~ ~e C~ Of En~lnRaSr a ~forni~lCo~or~ion · , herein called ~US~R, whose address 50~ S. Vulcan Ave. EncinE~, CA 92024 ' r Fld~lw N~onal Tiffs Company, ~ ~C~i~mla Co,purPort, h~ein celled ~USTEE~ and Cardiff ~em~t~y School Ob~ ~ Call,mia Cor~don ;: , herein oalled BENERCIARY, WITNESSETHt Th~ Trumor {RR~O~BLY GRANTS, ~ANOFERS AND ASsmy~s to TRUS~E IN TRUST, WITH POWER OF SALE, th~ p~ope~ San Die~ County~ Callfomi~ d~Hbed SEE EXHIBIT ONE A~ACHED EFfETe AND MACE A PA~ HEREOF TOG~HER WITH ~e r~nm. i~, ,~ and profits t~f, SU~E~, HOWLER, ~ ~ ~ight. pow~ ~nd aut~rl~ ~iven ~ and conf~red upon Be~ ,ficlary by paragraph {101 of the provisions incorporated h*rei~ by reference to cullom and apply such rents, iss[ ~ and prate, For the purpose of Securing: i. herein. 2. Paymentofthe tndebt~ er renewal thereof, in the prin¢i~ Paymsn[ =f such further soiree a when evidenced by another not~ ~-2218 (R~v, ale4) ~rfotmence of each agreement of Trustor incorporated by reference or contained ness e-z. idenced by one promi~sory note of even date herewiti% and any extenSion I sUm of eS30.O00.O0 executed by Trus~r in fever of I~{~nefl~lu:V or order. 3. tho then record owner of said propenty hereafter may borrow fram Beneficiary, ur notesJ reciting it is So secured. 10/09/00 23:05 FAX 760 7582370 FIDELITY TITLE ~ FNT ENCINITAS ~004 1275 North Half; thence South 8@°51 '~)' East peisllel with the Southerly line of said North Half, · dleten;:e of 270.56 feet; thence North 0° 17'25" East par~$e_l with l~be West line of ~ald North Half 161 feet, more or less~ to the North line of said No~th Half; th,e, nce Westarly~long said Northerly line 270,$6 feet to the Northwest corner of said North Half; thence South 0~17 25" West eli~g the We~t line of said North Haft lB! feet, more or leas, to the Point of Beginning, Parcel 5: A portion of a quadrilateral tract ~; land, said quadrilateral tract being the North flalf of the Southeast Quarter of the Northeast Quarter of the South~Nest Quartet of Section 23, T0wt~shi0 "J3 South, Range 4 West, San Barnardino Meridian, tn the County of San 0[~go, State ,of Calh~ornle, according to the Offlclat FIst thereat, said portion of said quadrilateral tract being descrlbe~l ss follows. Beginning st the Southwesterly ~rnsr of said tra~; thence along the $ot~erly llne of said ~'a~. Sou[h 89°1~1'40" East 2-~8 feet: thence parallel wi1~ the West.e, rly line of said t~act, North O* 1')'26" East 169 feetl thence parallel with said Southerly line of said tract I~,rth 89~51 40 West 288 feet to said Westerly line of said traeti thence along said Westerly lin~ of said tr~t. Sautg Do 17~25' We~ 169 feet to tho Point of Beginning. ,. ~,, 10/09/00 23:04 FAX 760 7582370.. FIDELITY TITLE 1274 EXHIBIT ONE ~ FNT ENCINITAS ~003 Parcel 1: That portion of the North Half of,~,he Southeast Quarter of the Northea~ .Q,u. arter of the Southwest Querier of Section 23, Townshlp 13 South, Rangoi~ WeSt, Son I~ern~dino Sass and Meridian, in ~.he Cou~W of Sen D~g~, Rate of California, ~ccerd[ng to the Offic iai Plot thereof, which lies East described es follows: Beginnrng at a point in the Scull rly line cf said North Half, which is distant thereon South 89°51'40" East 258.00 foot from the Southwest cornet, rf said North Half; thence parallel with tho Westerly line of said Nort~ Hal~ North 0°17'25' East 16g.00 feet: the~ =c South 8!~°51'40' East: 12.58 feat; thence North 0=17'25' East 161 feet, more er tess, to the North line of said ~ orth Half. Excerpt the Easterly Z64 feet of ~d North Half of the Southeast Quarter of the Northeast Quarter of Section 23. Parcel lA: i; An easement and right of way fo~ ~ngrass end egress for road purposes over the So~tharJy 12 feet of the Westerly 258 feet of the Nocl~h Half of tho So~:hsast Quartet of the Northeast Quarrel ef the Southwest Quarter of Section 23, Township 13 South, Range 4 We~, San Bernardino Meridian, in the County of Sen Diego, State of Calflornle, eccordlng te the Official Plot thereof, i, Parcel 2: I! The East 2.64.00 fee~ of the No Half of the Southeast Quarter of the Norths=st Quarter of the Southwest Oua~r of Section 23, 'l'cwnship 13 South, Range ~ West, San ~srnetdine Meridian, in the Counl~y of San Diego, State of C~Jifornia, according to tho Offic!~l Plot thereof. That portion of the Northeast Qu~er of tho Northeast Quartet of the $outhwe~ Quarter of Section 23, Township 13 South, Rasg= 4 West San Bernardi~o Meridian, in the County of San Diego, ~tate of California, according to the Official Plat thereof, more pertlcularly deSCribed as follows: Commencil~g at the Northwest c~r~er of tho Nor~hasst Quartet of the Northeast Quar~er of the Southwest Quarter of said Section 23.; the,nco =long ~, West line of said Northeast Quartet of the Northeast Quarter of the Southwest Quarter, South O~ 17 West, :~27.~1 feet to the True Point of Beginning; th=nee continuing along the West I~no of said Northeast Quarter of ~he Northe~t Quester of the Southwest Quarter, a dlstartee of 327.81 feet to the Southwest corner ef said No~theast Quettert~f the Northeast Q~a~tar of tt',a Southwest Querter of Sa~d Section: thence North 59°~'50" East along the Southilina of said Northeast Quarter of the Northeast Quarter' of the Southwest Quarter, 661 .$~ feet to the Southeast coiner of said Northeast Quarter of tho N0rthesst Quarter of the Southwest Quartet, being also · point in the West lln,~iof Pelomares Heights, Ma0 No 2114, filed n the Office of the County Raco~der~' thence North O°21 '21" East a[on~ithe West line of said Palomaras Heights, 326.54 feet to an Intersection wlth a line be=ting South 89°58'10" East fr~ the True Point of Beginning; thence North $905~'10'' Wast, 661 .00 fee~ to the True Point of Beginning. Parcel 4: That por~ion of the North Half of tbk Southeast Querier of the Northea~ Quetter of the Southwest Qua'ret of Section 23, Township 13 South, Range 4 IWe~, Sa~ Barnerdino Meridlsn, in the County of San Di~go, Stet= of Colifornia, according to the Official Plat ther,~f,=, described as follow=: Beginning at a point on the Was~ ilne of said North half of the Southeast Quarter of the Northeast Querier of the Southwest Quarter of Section 23, ~istant th=teen North 0° 17'25" East, 109.0 feat fro~ the Southwest corner of ssid 10/o9/oo 28:04 FAX 760 7582870 d R CO Oina REOUESTEO Fidelity National Title Compan~ When Recorded Mail Decumen. FIDELITY TITLE 1273 ~ FNT ENCINITAS ~002 I)OC $ 2000-0505403 2000 13=OO ~ ~ ~IE~ ~kr?f E0]~ER'8 Kerry Miller 505 $. Vulcan Ave, Enc. initas, CA 92024 20(X)-O60M~ Tho un~lDned ~r~r{m) Documentary ~sfer ~ I~ ~ ~p: ~ [ X ] computed =n full val~ 6f properW ~nveyed, or [ ] computed on full va]9~ less val~e ~f liens or e,cumbranc~ ;emaining at timo [ ] Unincorporated Area;; C;~ of En~in;tas FOR A VALUAB~ CONSIDE~ ~N, recel~ of whl~ Is h~eby ackno~g~, Cardiff Elementry School DJstd~ ~ Ceilfomio Corporation hereby G~NT(S) ~ The City f Encinitas, a Cal[~rni~ the ~]lowing described ~1 pro; ~y in ~e ~ of Encinltas CounW of San Di~o, S~to of ( ~l~amia; SEE EXHIBIT ONE ATTACHED ~ R~O AND MADE A PART HEREOF DATED; August 30, 2000 STATE OF CALIFORNIA · Cardiff Elementry School Dis~ict, a California COUN~ OF San p[eqo ~, corpora~on Rodge~ personally known m me {ar prov~ to me on the of s~afac~ry avidenaa to be {be person(si who~ name(si is/are subscrib~ to ~e ~thin in~ument and ~~ .,_ ~ ~cknowledged to me that he/s~/they ~xecuted the same In his/her/theW authorized c~peclW{tes), end that - by hislhert~elr signature[s) on~ ~he In~ument the person(s), or the entity upon b~helf of which the 0arson(s) e~ed, executed ~e instrument. Witness my hand ~d official se~ ~{. Signature ~ ~ ~ ~AIL TAX STATEMENTS AS DIRE~ED ABOVE FD-213 (R~ 7196) GRANT 1275 North Half; thence South 89°51 '40" East parallel with the Southerly line of said North Half, e distance of 270.56 feet; thence North 0© 17'25" East parallel with the West line of said North Half 161 feet, more or less, to the North line of said North Half; thence Westerly along said Northerly line 270.56 feet to the Northwest corner of said North Half; thence South 0© 17'25" West along the West line of said North Half 161 feet, more or less, to the Point of Beginning. Parcel 5: A portion of a quadrilateral tract of land, said quadrilateral tract being the North half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, said portion of said quadrilateral tract being described es follows: .- Beginning et the Southwesterly corner of said tract; thence along the Southerly line of said tract, South 89°51'40" East 258 feet; thence parallel with the Westerly line of said tract, North 0° 17'25'* East 169 feet; thence parallel with said Southerly line of said tract North 89°51 '40" West 258 feet to said Westerly line of said tract; thence along said Westerly line of said tract, South 0© 17'25" West 169 feet to the Point of Beginning. Escrow No, SO2514-TS 1274 EXHIBIT ONE Parcel 1; That portion of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, which lies East described as follows: Beginning at a point in the Southerly line of said North Half, which is distant thereon South 89 °51 '40" East 258.00 feet from the Southwest corner of said North Half; thence parallel with the Westerly line of said Nora,--Half North O° 17'25" EaSt 169-.00 fe~t; thence south 89~-51'40" East 12.56 feet; thence North O° 17'25" East 161 feet, more or less, to the North line of said North Half. Except the Easterly 264 feet of said North Half of the Southeast Quarter of the Northeast Quarter of Section 23. Parcel IA: An easement and right of way for ingress and egress for road purposes over the Southerly 12 feet of the Westerly 258 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of Calfiornia, according to the Official Plat thereof. Parcel 2: The East 264.00 feet of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof. Parcel 3: That portion of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West San Bernardino Meridian, in the County of Sen Diego, State of California. according to the Official Plat thereof, more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 23; thence along the West line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, South 0° 17' West, 327.81 feet to the True Point of Beginning; thence continuing along the West line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, a distance of 327.81 feet to the Southwest corner of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter ef said Section; thence North 89056'50.' East along the South line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, 661.88 feet to the Southeast corner of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, being also a point in the West line of Palomeres Heights, Map No. 2114, filed in the Office of the County Recorder; thence North 0°21 '21" East along the West line of said Palomares Heights, 326.84 feet to an intersection with a line bearing South 89°58'10" East from the True Point of Beginning; thence North 89058' 10" West, 661.O0 feet to the True Point of Beginning. Parcel 4: That portion of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, described as follows: Beginning et e point on the West line of said North half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, distant thereon North 0° 17'25" East, 169.0 feet from the Southwest corner of said RECORO,N .EOUESTED BW DOC 2000--0505403 Fidelity National Title Company a~o~wo, aozs~4-Ts S~P ~1. ~000 B :00 ,,,,. o.,...o. 1273 When Recorded Mall Document ~FI~I~ Kerry Miller GE~Y J. SMITH, COUNTY 505 S. Vulcan Ave, FEES; 0.00 Encinitas, CA 92024 0C: 2~0~408 Z~-430: ~/~60-430-1~ GRANT DEE~AcE A~OVE THiS UNE FOR REGOROER'S The undersigned ~ran~r(s) declare{s) Documenta~ transfer tax is ~ ~z~t ~ [ X ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of [ ] Unincorporated Area Ci~ of Encinitas FOR A VALUABLE CONSIDERATION, recei~ of which Is hereby acknowledged, Cardiff Elementry School District, a California Corporation hereby GRANT{S) to The City Of Encinitas, a California Corporation the following described real property in the City of Encinitas County of San Diego, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: August 30, 2000 STATE OF CALIFORNIA COUNTY OF San Die.cig. ON Au_%~%~ 5o ?~ooo before me, c~ ~ personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the parson(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. Witness my hand add official seal. Signature ~'~ ~ Cardiff Elementry School District, corporation By:. ~ Rodg a California MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213 (R~v 7/96) GRANT DEED