HomeMy WebLinkAboutCC RESO 15,924RESOLUTION NO. 15,924
RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE
ACQUISITION OF A PORTION OF THE PROPERTY NEEDED
FOR THE EUCLID AVENUE EXTENSION
(ASSESSOR'S PARCEL NUMBER 558-240-08)
PER FIDELITY NATIONAL
TITLE ESCROW NO. J.B. 15010
BE IT RESOLVED by the City Council of the City of
National City that the City Engineer is authorized to enter
into an escrow for the acquisition of a portion of the
property needed for the Euclid Avenue extension (Assessor's
Parcel Number 558-240-08) per Fidelity National Title Escrow
No. J.B. 15010, a copy of which is attached hereto as Exhibit
A.
PASSED and ADOPTED this 28th day of March, 1989.
GEORGE H. WATERS, MAYOR
ATTEST:
L I ANNE PEOPLES, CI Y CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY
Fidelity National Title
INSURANCE COMPANY
ESCROW NO: JB-15010
DATE: AUG 15, 1988
ESCROW OFFICER: Jewel Biddle
ESCROW INSTRUCTIONS
"+1"
Cash through escrow 2,500.1
Total Consideration 2,500.1
On or before 09/14/88, I/We will hand you the sum of $2500.00,
FOR A TOTAL CONSIDERATION OF $2,500.00
AND I will hand you any additional funds and instruments required from me to enable
you to comply with these instructions, which you are instructed to use when you are
able to procure a Standard Form Policy of Title Insurance from FIDELITY NATIONAL
TITLE INS. with liability of not less than $2,500.00, on the following described
propertyin the County of SAN DIEGO, State of California:
That portion of Lot 8, Anita Terrace Subdivision in the City of National City,
according to the Map thereof No. 3744, on file in the Office of the County Recorder
of San Diego County, and being more particularly described in Exhibit "A" attached
hereto and made a part hereof.
SELLER REPRESENTS ADDRESS TO BE:
portion of parcel No. 558-240-08
National City, CA 92050
Showing title vested in:
City of National City, a Municipal Corporation
FREE FROM ENCCMBRAfor the fiscal year 1987/88, including levies for any district
such as, but not limited to, drainage, irrigation,road improvements, fire protection,
etc., and any supplemental taxes assessed pursuant to the provisions of the statutes
of 1983, the State of California. Parties acknowledge you make NO REPORT of personal
property taxes.
2. BONDS AND ASSESSMENTS with no delinquent payments.
3. COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, RIGHTS, AND RIGHTS
OF WAY OF RECORD, INCLUDING SO CALLED ZONING ORDINANCES, if any.
CONSUMMATION of this escrow is CONTINGENT UPON THE FOLLOWING:
A) Buyer's approval of the Preliminary Title Report within 5 days of receipt of same.
In the event of no written disapproval deposited into escrow within said time limit,
IT WILL BE DEEMED APPROVED, and release of this contingency.
B) The City Council's approval of this transaction. Said approval shall be evidenced
by buyer's execution of the Certificate of Acceptance, on the Grant Deed being
recorded herein.
Notwithstanding printed matter to the contrary, The City of National City'agrees to
pay the following: Escrow fees, title insurance premium, recording fees, transfer
taxes and other closing cost incidental to conveying title to the City; Document
preparation fees; Penalty cost and other additional charges as applicable of any
prepayment of any pre- existing recorded mortgage entered into in good faith .
encumbering the property; and prorated portion of real property taxes which are
allocable to the period subsequent to the date of transfer of title to the City.
You are authorized to pay all encumbrances necessary to place title in condition
called for herein, including, but not limited to, prepayment penalties, to show title
as herein provided, without further approval.
Buyer acknowledges deposit of Closing Funds to be in the form of Guaranteed Funds,
unless other arangements are made prior to closing for CASH deposits, or transfer of
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
Fidelity National Title
INSURANCE COMPANY
funds.
THE FOLLOWING PROBATIONS AND ADJUSTMENTS ARE REQUIRED AS OF close of escrow
ALL PRORATIONS AND ADJUSTMENTS ARE TO BE AFFEC hI) ON A 30-DAY BASIS AND CLOSE OF
ESCROW IS THE DAY DESIGNATED BY THE RECORDATION AND/OR REGISTRATION OF THE DATE OF
FILING DEED.
Buyer and Seller acknowledge that as a requirement for the closing of this escrow,
and in accordance with Section 1521 of the Tax Reform Act of 1986, escrow holder must
receive from Seller a tax information statement prior to the close of escrow. Buyer
and Seller further acknowledge that escrow holder must provide this information to
the Internal Revenue Service, and if the Seller is required to file a return, a
negligence penalty or other sanction will be imposed on Seller if this income is
taxable and the Internal Revenue Service determines that it has not been reported.
THE FOREGOING INSTRUCTIONS ARE SUBJECT TO 'GENERAL PROVISIONS' AS SET FORTH ON THE
ATTACHED PAGE. BY YOUR EXECUTION BELOW, PARTIES HEREIN ACKNOWLEDGE THEY HAVE READ
AND FULLY UNDERSTAND ALL PROVISIONS CONTAINED THEREIN.
SELLERS:
William Scott Desmond Fetuao Desmond
National City, CA 92050
BUYERS:
City of
BY.
1 City
1243 National City Boulevard
National City, CA 92050
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 8, Anita Terrace Subdivision in the City
of National City, according to the map thereof Map No. 3744,
on file in the Office of the Recorder of the County of San
Diego, State of California, described as follows:
Commencing at the southeasterly corner of said Lot 8, thence
along the southerly line of said lot, North 72°05'21" East,
18.70 feet to a point of cusp with curve concave
northeasterly, having a radius of 20.00 feet; thence leaving
said southerly line, northwesterly along said curve, through
a central angle of 69°11'31", an arc length of 24.15 feet to
a point on the westerly line of said lot, said line being
nontangent to last mentioned curve; thence along said line,
South 17°54'39" East, 12.90 feet to the true point of
beginning.
The above described parcel contains 66 square feet, more or
less.
Attached hereto and made a part of this legal description,
is a sketch labeled Exhibit "B."
Assessor's Parcel: 558-240-08 (portion)
Grantor(s): Mr. William S. Desmond
Mrs. Fetuao Desmond
Grantee:
Project:
City of National City
Euclid Avenue Extension
16th to 20th Streets
Project Parcel: 51-23
BSI Job: 1091-0051-55
Date: May 26, 1988
EXHIBIT " Bit
A? N0.558'240-11
11
3 —.? A
W,SP IG'Sz"E.
AD
AP t1 Sri8-240R-OS
d'Oi'L' 24.5'
A? MO.558-240-IO -
rr. 5a oo"w.
.17'54'39"W,124o
AP )J0. 558-240-01
EUcu9 AVE JLJE
•
RIGHT OF WAY PARCEL No. 51- Z3
A.P. NO.558-240-08
AREA OF ACQUISITION '66 SF
DATE 3016-8t
OWNER W1LLIAIA S. c Fl;'tUAD P eMOUD
RIGHT OF WAY MAP OF
EUCLID AVENUE •
CITY OF NATIONAL -CITY