HomeMy WebLinkAboutCC RESO 15,980RESOLUTION NO. 15,980
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
2105 EUCLID AVENUE WHICH IS NEEDED FOR THE
EUCLID AVENUE EXTENSION FROM 20TH TO 22ND STREETS
(ASSESSOR'S PARCEL NUMBER 558-281-07)
PER TRANSAMERICA TITLE INSURANCE
TITLE ESCROW NO. 118929-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 2105 Euclid Avenue needed for the Euclid Avenue
extension (Assessor's Parcel Number 558-281-07) per
Transamerica Tile Insurance Escrow No. 118929-ct, a copy of
which is attached hereto as Exhibit A.
PASSED and ADOPTED this 13th day of June, 1989.
GEORGE HG WATERS, MAYOR
ATTEST:
A�LI.
LO I ANNE
CLERK
ES, CITY
PEOPLES,
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY
This is to certify that the interest in real property
conveyed by the deed or grant deed date
from is
to the City of National City, a Municipal Corporation,
hereby accepted by order of the City Council on
13 9
and the grantee consents to the recordation thereof by it- -•
duly authorized officer.
Dated
GENERAL ACKNOWLEDGMENT
�,l r�Il!l111J/J1/l./-/!tfllllJ/1/J/f .� _ _
State of cJ1 `kMr61 i r.
County ofs� 3e��1
OFFICIAL SEAL
:oaf
SABRA GUThRft PACKARD
•.� •9 NOTARYPUe1.1C-cAuForaaa
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mycam.b1 A9e1a,1991
SS.
On this theta) day of (pn.1
a CIU1/47Arlea
the undersigned Notary Public, personally appeared
�Q� y yciA;ko
19$5before me,
NO. 201
personally known to me
GIS proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 4.5 subscribed to the
within instrument, and acknowledged that 3 executed it.
WITNESS my hand and official seal.
4:4 L)thri . �GC1 "C"?%
Notary's Signature
7120 122
ATTENTION NOTARY: Although the information requested below is OPTIONAL. it cold prevent fraudulent attachment of this cr0'dcate to another document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
NA710NAL t4D1 ASSODADON • 8236 Rennet Ave. • P.O. Elm 7184• Canoga Park, CA 91304-7
RECORDING REQUESTED BY:
City of National City
WHEN RECORDED MAIL TO:
City of National City
1243 National City Boulevard
National City, California 92050-4397
Space above this line for Recorder's use
INDIVIDUAL GRANT DEED
Lk;JI7dO
�A...1:2 A Mil LI2 ,/
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ f
( ) computed on full value of property conveyed or
( ) computed on full value less value of liens and encumbrances remaining at time
of sale
( ) unincorporated area: ()(;) City of National City, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PAUL Y. YAHIKU AND HELEN Y. YAHIKU
hereby grant to City of National City, a municipal corporation, the following described
real property in the City of National City, County of San Diego, State of California:
See Exhibit "A" attached hereto and by this reference made a part hereof.
Dated:
, 19
PaJil.
Paul Y. ,ii
Helen Y. Yaliiku
NOTE: Acknowledgement forms on reverse side
ACKNOWLEDGEMENT FORM FOR INDIVIDUALS
OFFICIAL BEAL
SIMON A. SANS
ENIVICIND COUNT/
rr Cam OMB Now. NO. 1912
On this /'/rday of� , 19
) SS before me, the undersi ed Notary Public,
personally appeared
Y. Y¢Lii.
nay known to me
proved to me on the basis of satisfac-
evidence to be the person(s) whose
name(s) (5 subscribed to the within
instrument, and _ acknowlpdj.d that 5_Int,„
executed it.
WITNESS my hand and official seal.
otary's Signature
State of
ACKNOWLEDGEMENT FORM FOR CORPORATIONS
) SS
County of )
On this day of , 19_
before me, the undersigned Notary Public,
personally appeared
personally
krown to me or proved to me on the basis
of satisfactory evidence to be the
President, and
, personally known to me or
proved to me on the basis of satisfactory
evidence to be the Secretary of the
corporation that executed the within instru-
ment, and known to me to be the persons
who executed the within instrument on be-
half of the corporation tharein named, and
acknowledged to me that such corporation
executed the within instrument pursuant to
its bylaws or a resolution of its board of
directors.
WITNESS my hand and official seal.
Notary's Signature
NOTARIES: Attach additional or other forms if required';,
)
EXHIBIT "A"
All that portion of the Southwesterly Quarter of Quarter Section 107, of
the Rancho de la Nacion, in the City of National City, County of San
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:
Commencing at the Northwesterly corner of said Southwesterly Quarter of
Quarter Section 107; thence South 19° 00' East along the Westerly line of
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 is parallel with and distant Southerly 218.00
feet from the Westerly prolongation of the North line of said F.A.
Richard's Subdivision; thence South 70° 51' West along said parallel line a
distance of 136.28 feet, more or less, to the Easterly line of land
conveyed to the City of National City, by deed recorded in Book 4626,
Page 261 of Official Records; thence South 18° 56' 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 Southerly
of a line that begins on the Westerly line of said F.A. Richard's Subdivi-
sion, distant thereon South 18° 58' 30" East, 268.00 feet from the North-
westerly corner thereof and runs South 70° 51' West to the Westerly line
of said Quarter Section 107.
Also excepting therefrom the Westerly 30.00 feet thereof conveyed to the
City of National City by deed recorded May 19, 1954, in Book 5243, Page
57 of Official Records.
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 118929-ct
DATE: April 11, 1989
PAGE 1 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
CASH TO COME
$ 90,000.00
TOTAL SALES PRICE $ 90,000.00
BUYER will cause 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 May 26,
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: 2105 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
fees.
ii
in et.
J. AA
LA AA
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.
The foregoing terms, conditions and instructions, including the "General
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 118929-ct
DATE: April 11, 1989
PAGE 2 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
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:
MAILING: 1243 National City Blvd., National City, CA 92050
FORWARDING: 1243 National City Blvd., National City, CA 92050
SELLER SIGNATURE(S):
Pa/t-A(
Paul Y. Ya
MAILING: 2
FORWARDING:
Helen Y. Yaku
MAILING: 2105 Euclid Avenue,
FORWARDING:
clid Avenue, National City, CA 92050
National City, CA 92050
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 118929—ct
DATE: April 11, 1989
PAGE 3 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
GENERAL INSTRUCTIONS
(1) Make all adjustments and/or prorations, if any, on the basis of a 30-day month. "CLOSE OF ESCROW" is the day instruments are recorded.
(2) Any amendment or supplement to these instructions must be in writing and deposited with your company. We further understand your company shall
not be bound by any instructions unless in writing.
(3) All furls received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Transamerica Title
Insurance Coopay, with any State or National Bark, and may be transferred to any other such general escrow account or accounts. All disbursements
shall be made by check on such accaunt(s).
(4) You are authorized and instructed to furnish a copy of these instructions, any amendments thereto and/or final closing statement to the Real
Estate Broker representing any of the parties in this transaction, also to any lender holding or contemplating a loan against the subject property.
(5) Recordation of any instnuments delivered through this escrow, if necessary or proper in the issuance of the policy of title insurance 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 expended or incurred in correction therewith. If you are required to respond to any legal
summons 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 indemnify you against all loss and expense in
the said action or pnuxt]ing.
(7) Time is of the essence of these instructions. If a written demand to cancel is sbmitted 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 same mail by certified mail one copy of such notice to each
of the other principals at the addresses stated in this escrow. unless 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 and 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 court of competent jurisdiction. If no such demand is made, close this escrow as soon as possible. You
may return lender's papers and/or funds teal lender'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
court 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 documents and funds held in this escrow. In the event such 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 expend or
incur in such interpleader action, the amount thereof to be fixed and judgment to be rendered by the court. Upon the filing of such action, you
shall thereupon be fully released and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of
this escrow.
(9) If there is no written activity by a principal delivered to this escrow within any six-month period after the time limit for close of escrow as
set forth in the escrow instructions 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 to be concerned 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 funds pursuant to Section
1445 of the Internal Revenue Code of 1954 as amended, and/or Sections 18805 and 26131 of the State of California Revenue and Taxation Code (b)
advising the parties as to the requirements of such Section(s), (c) determining whether the transferor is a foreign person under such Section(s), nor
(d) obtaining a non foreign affidavit or other exemption from withholding under such Section(s) nor otherwise making any inquiry concerning
compliance with such Section(s) by any party to the the transaction.
(12) Senate Bill 1550 has placed certain restrictions on title and escrow companies. The major emphasis of this bill focuses on drafts and those
items (including cashier's checks, checks dram on "NOW" accounts, credit union share drafts, traveler's checks or money orders) dram on an
out-of-state bank, which requires a waiting period in most cases of from 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 fuding, such as wire transfer,
may be suggested to avoid any delay in the closing of your escrow.
(13) Parties herein acknowledge that effective July 1, 1985, pursuant to a new state la( (Section 480.3, R 3 T), all deeds and other documents that
reflect a change in owrerhsip in real property when presented for recording, must be accompanied by a preliminary change of ownership report. If
this report is not presented by buyer prior to the close of escrow, or is not completed to the satisfaction of the County Recorder, an additional
recording fee of $20.00, as required by law, will be charged by the county recorder, and in such event escrow holder will charge buyer's account
accordingly.
Transamerica Title Insurance Company
EXHIBIT ".L"
LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
L_.JNTY OF SAN DIEGO, CITY OF NATIONAL CITY, AND IS DESCRIBED
AS FOLLOWS:
ALL THAT PORTION OF THE SOUTHWESTERLY QUARTER OF QUARTER
SECTION 107, OF THE RANCHO DE LA NACION, IN THE CITY OF
NATIONAL CITY, COUNTY OF SAN D1EGO, S'iATE 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,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHE3;ttTERLY CORNER OF SAID SOUTHWESTERLY
QUARTER OF QUARTER SECTION 107; THENCE SOUTH 19°00' EAST
ALONG THE WESTERLY LINE OF SAID QUARTER SECTION A DISTANCE
OF 383.0 FEET 10 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'ZC7"
EST ALONG THE SOUTHWESTERLY LINE THEREOF 9/.89 FEET, MORE
OR LESS, 10 AN INTERSECTION WITH A LINE WHICH IS PARALLEL
WITH AND DISTANT SOUTHERLY 218 FEE'1 FROM rHE WESTERLY PROLONGATION
OF THE NORTH LINE OF SAID F. A. RICHARD'S SUBDIVISION:
THENCE SOUTH 70°51' WEST ALONG SAID PARALLEL LINE A DISTANCE
OF 136.28 FEET, MORE OR LESS, TU THE EASTERLY LINE OF LAND
CONVEYED TO THE CITY OF NATIONAL C i lY, BY DEED RECORDED
IN BOOK 4626, PAGE 261 OF OFFICIAL RECORDS; THENCE SOUTH
18°56'15" EAST ALONG SAID EASTERLY LINE 10 THE SOUTHERLY
LINE OF SAID LAND CONVEYED TO RAE INVESTMENT COMPANY; THENCE
NORTH 7 9°06' WEST ALONG SAID NORTHERLY LINE TO THE TRUE
POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION
LYING SOUTHERLY OF A LINE THAT BEGINS ON THE WESTERLY LINE
OF SAID F. A. RICHARD'S SUBDIVISION, DISTANT THEREON SOUTH
18°58'30" EAST, 268.0 FEET FROM THE NORTHWESTERLY CORNER
THEREOF AND RUNS SOUTH 70°51' WEST TO THE WESTERLY LINE
OF SAID QUARTER SECTION 107.
ALSO EXCEPTING THEREFROM THE WESTERLY 30 FEET THEREOF CONVEYED
TO THE CITY OF NATIONAL CITY BY DEED RECORDED MAY 19, 1954
IN BOOK 524Z, PAGE 57 OF OFFICIAL RECORDS.
PAGE 3 6008707
AMENTMEND TO ESCROW INSTRUCTIONS
Transamerica Title Insurance Company
3033 Fifth Avenue #100
San Diego, Ca 92103
(619) 296-2000
DATE: April 28, 1989
ESCROW NO: 118929-CT
ESCROW OFFICER: Carol M. Thomas
ESCROW DEPARTMENT MANAGER
THE PREVIOUS INSTRUCTIONS IN THIS ESCROW ARE HEREBY AMENDED IN THE FOLLOWING
PARTICULARS ONLY:
Purchase price is hereby amended as follows:
CASH TO COME
TOTAL SALES PRICE
$102,000.00
$102,000.00
All other terms and conditions to remain the same and unaltered.
1UYER SIGNATURE(S):
CITY 0 / NATIONAL CITY
BY:
SELLER SIGNATURE(S):
Paul Y. Y
Helen Y. Ydhiku
ESTIMATED BUYER'S CLOSING STATEMENT
Transamerica Title Insurance Company Escrow No: 118929-ct
3033 Fifth Avenue, Suite 100 Date: May 26, 1989
San Diego, California 92103 (619) 296-2000 PAGE 1 OF 1
The City of National City
DEBIT CREDIT
Total Consideration 102,000.00
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ESCROW FEES
Escrow Base Fee 610.00
Miscellaneous 100.00
TITLE CHARGES
Owners Policy 595.00
Reconveyance Fees 100.00
RECORDING FEES
Reconveyance 10.00
ADDITIONAL CHARGES
Funds needed to close escrow 103,415.00
TOTAL AMOUNT DUE
TOTALS
103,415.00 103,415.00
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