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HomeMy WebLinkAboutCC RESO 15,972RESOLUTION NO. 15,972 RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF THE PURCHASE OF THE PROPERTY AT 2111 EUCLID AVENUE WHICH IS NEEDED FOR THE EUCLID AVENUE EXTENSION FROM 20TH TO 22ND STREETS (ASSESSOR'S PARCEL NUMBER 558-281-08) PER TRANSAMERICA TITLE INSURANCE TITLE ESCROW NO. 119012-ct 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 the purchase of the property at 2111 Euclid Avenue needed for the Euclid Avenue extension (Assessor's Parcel Number 558-281-08) per Transamerica Tile Insurance Escrow No. 119012-ct, a copy of which is attached hereto as Exhibit A. PASSED and ADOPTED this 6th day of June, 1989. GEORGE HO WATERS, MAYOR ATTEST: LOR ANNE PEOPLES, CItY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY TRANSAMERICA TITLE INSURANCE Transamerica Title Insurance Company EXHIBIT A 2.3.6 SALE ESCROW INSTRUCTIONS TO: Transamerica Title Insurance Company 3033 Fifth Avenue, Suite 100 San Diego, California 92103 (619) 296-2000 ESCROW NO: 119012-ct DATE: May 11, 1989 PAGE 1 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER CASH TO COME TOTAL SALES PRICE $ 108,000.00 $ 108,000.00 BUYER will rause any instruments and/or funds called for herein to be delivered to you to enable you to comply with these instructions, all of which you are authorized and instructed to use and/or deliver on or before August 11, 1989, TIME LIMIT FOR CLOSE OF ESCROW, and when you are in a position to issue your standard coverage form Policy of Title Insurance, with a liability of at least the amount of the above total sales price covering property described below in the City of National City, County of San Diego, State of CA: See legal description attached hereto as Exhibit "A" and made a part hereof (SELLER STATES PROPERTY ADDRESS IS: 2111 Euclid Avenue, National City, CA 92050) INSURING TITLE VESTED IN: The City of National City, a Municipal corporation SUBJECT ONLY TO: None (1988-89) installment(s) of the General and Special County, and City (if any) Taxes, including any special district levies, payments which are included therein and collected therewith, a lien not yet due or payable, for current fiscal year, not delinquent, including taxes for ensuing year, if any. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498 Statutes of 1983 of the State of California. Covenants, conditions, restrictions, reservations, and rights of way of record, easements and the exception of minerals, oil, gas, water, carbons and hydro -carbons on or under said land, now of record. A. There shall be no prorations made through this escrow. B. You are to charge buyer with all closing costs incurred herein, including but not limited to title policy fee, escrow fee, recording fees and demand/reconveyance fees. ** In addition to amounts set forth above, Buyer will hand you, before the date of recording, funds in an amount to cover, all escrow fees, title insurance fees, drawing fees, normal recording fees and fire insurance premiums, if applicable. Seller will deliver you all instruments and/or funds required to enable you to comply with these instructions. You are instructed and authorized to use and/or deliver these instruments and funds as instructed, providing you hold for the seller's account within the time limit set out above, instruments called for herein and all monies due. You are instructed and authorized to pay off bonds, assessments and/or taxes, also any encumbrances of record, plus accrued interest and charges, if any, to place title in condition called for in these instructions. You are instructed to order the title search at once. SALE ESCROW INSTRUCTIONS TO: Transamerica Title Insurance Company 3033 Fifth Avenue, Suite 100 San Diego, California 92103 (619) 296-2000 ESCROW NO: 119012-ct DATE: May 11, 1989 PAGE 2 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER The foregoing terms, conditions and instructions, including the "General Instructions" attached hereto, (as if fully set forth herein), have been read and are understood by each of the undersigned, who hereby agree to, concur with, approve and accept the same in their entirety. BUYER SIGNATURE(S): The City of National City BY: B S. , l INTER MAILING: 1243 Nati. al City Blvd., National City, CA 92050 FORWARDING: 1243 National City Blvd., National City, CA 92050 SELLER SIGNATURE(S): Henry laisdell, Jr. MAILING• 2111 Euclid Avenue/National City, CA 92050 FORWARD NG: 4 X e i Angfita G. Blaisdell MAILING: 2111 Euclid Avenue, National City, CA 92050 FORWARDING: SALE ESCROW INSTRUCTIONS TO: Transamerica Title Insurance Company 3033 Fifth Avenue, Suite 100 San Diego, California 92103 (619) 296-2000 ESCROW NO: 119012-ct DATE: May 11, 1989 PAGE 3 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER GENERAL INSTRUCTIONS (1) Make all adjustments ad/or prorations, if any, on the basis of a 30-day north. 'CLOSE OF EStRQi" is the day irstrueents are recorded. (2) fry award:ea or supplement to these instructions oust be in writing and deposited with your comely. Me further uderstand you copy shall not be bold by any instnxtions unless in writing. (3) All funds received in this escrow shall be deposited with other escrow funds in a general escrow amount cc accounts of Trammerica Title Insurance Coopary, with any State or National Bark, and may be transferred to any other side general escrow account or accounts. All disbursements shall be male by check on such axount(s). (4) You are authorized ad instructed to furnish a copy of these instructions, any amendments thereto ad/or final closing statement to the Real Estate Broker representing ay of the parties in this transaction, also to any lender holding or contemplating a loan against the subject property. (5) Recordation of any instnaaents delivered through this escrow, if recessary or proper in the issuance of the policy of title irsrrace called for, is authorized. (6) If you are the prevailing party in any action or proceeding between you and some or all of the parties to this escrow, you shall be entitled to all costs, expenses, and reasonable attorneys' fees emended or incurred in correction therewith. If you are required to respond to any legal macre or proceedings not involving breach or fault upon your part, the parties to this escrow jointly and severally agree to pay all costs, expenses, and reasonable attorney's fees expended or incurred by you, and the parties further agree to irdemnify you against all loss and erase in the said action or proceeding. (7) Time is of the essence of these instructions. If a written demad to creel is submitted after the time limit for close of escrow, by any principal to this escrow, you shall within three (3) working days after your receipt of sane mail by certified sail one copy of sub notice to each of the other principals at the addresses stated in this escrow. !Mess written objection thereto is filed in your office by a principal within fifteen (15) calendar days after the date of such mailing, you are authorized to cancel this escrow. If written objection is filed with you, you are authorized to hold all money ad documents in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions or by final order of a cart of competent jurisdiction. If no soh demo i is made, close this escrow as soon as possible. You say return lender's papers and/or fads upon lechr's demand. 8) The principals hereto expressly agree that you, as escrow holder, have the absolute right at your election to file an action in interpleader in a out of competent jurisdiction requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all &laments and fads held in this escrow. In the event sixth action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees Which you are required to spend or incur in such interpleader action, the amount thereof to be fixed and judgment to be rendered by tie court. upon the filing of soh action, you shall thereupon be fully released and discharged frog all obligations to further perform any duties or obligations otherwise irPosed by the tens of this escrow. (9) If there is no written activity by a principal delivered to this escrow within any six -earth period after the time limit for close of escrow as set forth in the escrow instnxtiors or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the party depositing same, less fees and charges herein provided. (10) You are not tote cmcemed with any question of usury in any loan or encumbrance involved in the processing of this escrow and you are hereby released from any responsibility or liability therefor. (11) You are released from and shall have no liability, obligation or responsibility with respect to (a) withholding of fuels pursuant to Section 1445 of the Internal Reverie Code of 1554 as amended, ad/or Sections 18805 and 26131 of the State of California Reveume and Taxation Code (b) advising the parties as to the requirements of such Section(s), (c) determining Whether the trasferor is a foreign person under such Section(s), nor (d) obtaining a non foreign affidavit or other exemption from withholding uder such Sections) nor otherwise making any inquiry concerning coopliace with such Section(s) by any party to the the trasaction. (12) Senate Bill 1550 has placed certain restrictions on title and escrow companies. The major emphasis of this bill focuses on drafts and these items (including cashier's checks, checks dram on "FY( accounts, credit union share drafts, traveler's checks or rerey orders) dram m an out-of-state bank, which requires a waiting period in most cases of fro 8 to 10 days before we can disburse on these funds. If your escrow contemplates the usage of such funds, please contact your escrow officer as soon as possible. Alternative methods of funding, such as wire trasfer, may be suggested to avoid any delay in the closing of your escrow. (13) Parties herein acknowledge that effective July 1,1935, pursuant to anew state law (Section :n.3, R 3 T), all deeds and other documents that reflect a change in cmeer sip in real property wlzn presented for wording, must be accompanied by a prel irinary change of onrnership report: If this report is not presented by buyer prior to the close of escrow, or is rot completed to the satisfaction of the Comity Recorder, an additional recording fee of 120.00, as required by law, will be charged by the county recorder, and in such event escrow holder will charge buyer's accost accordingly. Transameric�a/Title insurance uompany EHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE Or: CALIFOPNIA, NATIONAL nIw'TI CITY. AND -n DESCRIBED COUNTY OF SAN DIEGO, CITY OF CiI AS FOLLOWS: PORTION nr THE n ,,.,EST r. f, QUARTER OF QUARTER ALL THAT r t7r1T l u1 V OF Inc SOUTHWESTERLY ERL T nQUARN THE CITY OF OF THE RANCHO r. SECTION ♦�^ yr rf-+{vf..nu LE LA ;VHU:uI , IATf:UIV 1 •%, COUNTY CFSAN STATE OF CALIFORNIA.n�f.f �,r{i`vrl NATIONAL ,nt CITY, DIEGO, MADE •s ►� r. r.T, n• f3f,1lOPVr+L L1T}S ACCORDING x,n THE .;Il-sr THEREOF O. 166, f A DE BY 1 MOl fr.: LL ON FILE uNIvTO FI fffff SAID DIEGO n ,x1 FILE IN inc.TOFFICE OF THE RECORDER OF SAN COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID SOUTHWESTERLY QUARTER OF SAID QUARTER SECTION 107; THENCE 19°00' EAST t ^r ALONG THE WESTERLY LINE OF SAID nQUARTER rTSECTIONADISTANCE OF 383.0 FEET TO THE SOUTHWESTERLY CORNER OF A TRACT OF LAND CONVEYED TO THE RAE INVESTMENT HCOMPANY,'OBY �TDEEDBEGINNING;RE ED IN BOOK S65. PAGE 2 OF DEEDS, THENCE CONTINUING SOUTH 1nx°C0' EAST ALONG SAID WESTERLY LINE mo FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO A POINT ON THE SOUTHERLY LINE OF SAID LAND CONVEYED TO THE RAE INVESTMENT COMPANY, DISTANT THEREON SOUTH 79°06' EAST, 200.61 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 0.64 FEET. MORE OR LESS,TO THE SOUTHWESTERLY LINE OF F. A. RICHARD^ SUDDI Y I IO3t r ACCORDING TO THE MAP THEREOF NO. 2459; THENCE NORTH 12°50' 30" WEST ALONG THE SOUTHWESTERLY LINE THEREOF 97.09nFEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL WITH AND DISTANT SOUTHERLY 218 FEET FROM THE EWISIERLY;LY F'ROLCNGATIONr' OF THE NORTH LINE OF SAID F. A. RICHARD'S THENCE SOUTH 70°51' WEST LESS, SAID� r ABLE L IIERt� 0 DISTANCE OF 136.20 FEET, MORE N nOFr- LAND NATIONAL " BY DEED RECORDED CONVEYED TO THE CITY OF CITY. IN BOCK I4626. PAGE 261 ,F OFFICIAL FFICIAL rIR'l•fECORDS ; THENCE S�OUTH 10°3.' aJt EAST ALONG SAID EASTERLY ,T-rTO THE n,^ramf LINE OF SAID LAND CONVEYED TO RAE tvtu -NT rfi4.x,THENCE NORTH 79°06 ' WEST ALONG anT1 xnRI-LV LINE TO THET.U2 POINT OF BE -:GINNING. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION LYING NORTHERLY OF A LINE THAT BEGINS ON THE uuT WEERY LINE Or SAID F. A. R:CnrIw'S SUBDIVISION, DISTANT THEREON SOUTH n r FEET THE NORTHWESTERLY CORNER 1S 5S' 30" EAST, 263. 0 FROM11 -T •r COLIRNER THEREOF AND RUNS SOUTH , • WEST TO THE WESTERLY :I.L r Tt 1 r. nr nx1 n1 , �n 'T °c. E OF SAID QUARTER SECTION 107. THE WESTERLY TO FEET THEREOF. ALSO EXCEPTING THEREFROM 1 HE wco l =I`LCITY. AS CONVEYED TO THE CITY OF NAT I ONAL 6.,OG OS STATE OF CALIFr��p��,t, _ COUNTY OF `� OQ en ti1��—�:. A 1 - before me, the undersigned, a Notary Public in and for 2t iCia A 2C .i .. C�£R� pereonaly �t pidStats,pereonelyappeared_ '�ZI acJAe� � �n- 31 known to me (or proved to me on the basis of the oath a credible witness who ispersonally knowntome)tobethe mum whose name is subscribed tothewtthinkrtnanent.Y 'witness thereto.whabsagM me duly sworn, /dd: �eposed and said That he/she resides Nt that he/she was present and saw :kF..112; 7.6 Lila )C.L. em0 A,iGELITs 6:- LAiS7rll. personally known to him/her to be the same person(s) described in and who executed the within instrument, as a party(ies) thereto, sign, seal and deliver the same and that said party(ies) duly acknowledged in the presence of said affiant, that he/she/they executed the same, and that said affiant, thereupon at the partis(ies') request. subscribed h' a witness thereto. R i WITNESS my <<r. • �officia-al. Signatu OFFICIAL SEAL JO4* ANTHONY MARCONINary ll ORANGE COUNTY (This area for official notarial aeal) This is to certify that the interest in real property conveyed by the deed or grant deed date Pt r 1_ G i`Zli, rsri from to the City of National City, a hereby accepted by order of the and the grantee consents to the duly authorized officer. Dated Municipal Corporation, is City Council on ' recordation thereof by its City Clerk " RECORDING REQUESTED BY: City of National City WHEN RECORDED MAIL TO: City of National City 1243 National City Boulevard National City, California 92060-4397 Space above this line for Recorder's use POP. 5st-zit-al INDIVIDUAL GRANT DEED The undersigned grantor(s) deciare(s): Documentary transfer tax is =E)C�M> conveyed or ( ) computed on full value of property ( ) computed on full value less value of liens and encumbrances remaining at time of sale of National City, and ( ) unincorporated area: (X) City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HENRY G. BLAISDELL JR. AND ANGELITA G. BLAISDELL hereby grant to City of National City, a municipal ty of San Diegoon, State, the f ollowingnisescribed real property in the City of National City, See Exhibit "A" attached hereto and by this reference made a part hereof. Dated: �— 19 pcfigleita G Bla�i�� � 1.31 ."c�55 eJ1 . �-+ COX/`^✓ NOTE: Acknowledgement forms on reverse side . eso 15,173 • EXHIBIT 'A' All that portion of the Southwesterly Quarter of Quarter l City, County of Sa ef Section 107, of the Rancho de la Nacion, in the City of Diego, State of California, according to the map thereof No. 166, made by Morrill on file In the office of the Recorder of said San Diego County, de- scribed as follows: r of said at thSection Northwesterly ehhence 19° corner 00 East along Southwesterly the Westerly line of said Quarter said Quarter Section, a distance of 383.00 feet to the Southwesterly corner of a tract of land conveyed to 'the Rae Investment Company, by deed recorded in Book 865, Page 2 of Deeds, and the True Point of Beginning; thence continuing South 19° 00' East along said Westerly line 98.00 feet; thence Northeasterly in a direct line to a point on the Southerly line of said land conveyed to the Rae Investment Company, distant thereon South 79° 06' East, 200.61 feet from the Southwesterly corner thereof; thence Westerly along said Southerly line 8.64 feet, more or less, to the Southwesterly line of F.A. Richard's Subdivision, according to the map thereof No. 2459; thence North 18° 58' 30" West along the Southwesterly line thereof 97.89 feet, more or less, to an Intersection with a line which parallel of the North'si net of Sousaidly F.A..� feet from the Westerly prolongation Richard's Subdivision; thence South 70° 51' West longer) said paroall el line,land a distance of 136.28 feet, more or less,Easterly ast y linen Book and conveyed to the City of National City, by deed recorded 4626, Page 261 of Official Records; thence South 12° 36' 15" East along said Easterly line to the Southerly line of said land conveyed to Rae Investment Company; thence North 79° 06' West along said Northerly line to the True Point of Beginning. Excepting from the above -described property that portion lying Northerly of a line that begins on the Westerly line of said F.A. Richard's Subdivi- sion, thereon thereof h )8° runs South 70° 51'30" East, 68.00 feet from the Wet to the Westerly North- westerly e corner ther of said Quarter Section 107. Also excepting therefrom the Westerly 30.00 feet thereof, as conveyed to the City of National City. K.: i• c.c 41- E •d.:, LQJ.— ESTIMATED BUYER'S CLOSING MIRIAM Escrow No: 119012-ct Transamerica Title Insurance Company Date: August 901 1ct 3033 Fifth Avenue, Suite 100 D1 OFg 1 989 San Diego, California 92103 (619) 296-2000 The City of National City Total Consideration 1 T e64d popuw3 ,. ESCROW TEES Escrow Base Fee TITLE CHARGES Owners Policy ADDITIONAL CHARGES Funds needed to close escrow TOTAL AMOUNT DUE TOTALS DEBIT 108,000.00 620.00 100.00 610.00 CREDIT 109,330.00 109,330.00 109,330.00 111. ...........---- •••""""' . qv") • I. I 558-281-0 2105 E1X1.UD 0.1 558-281.008 • and tsuucL/D I • • / .4. .� .. . .. i 20m I. ........ i:• -I. I ii i.ah AG* i art :< NO. 2 +_ NOD MO, OM ••• v 1 ..�.... �. • • • ASS .41 /-/4-8z.47 4. CHANGE mmcmi Mal EIMI !Z17®FEEm® 111111/111111111 1111111111111111111111111111 11111111.111111111111 1111111111111111111111111111111 NUM UM IIIIIII ra•11111111111111 NM ■■11•11111111111• .1tit■11r11111• IN MI %/i•=� �NM MN. NUM -MI a— iw 1111111111111111 11111111111 NMI IN 111111111111111 MAP I66 - RHO DE, {.A NAC1ON — PAR 81/2 OF QSEC 107 • • •