HomeMy WebLinkAboutCC RESO 16,012RESOLUTION NO. 16,012
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER
TO ENTER INTO AN ESCROW FOR THE
ACQUISITION OF A PORTION OF THE PROPERTY AT
2408 EAST 18TH STREET WHICH IS NEEDED FOR THE
EUCLID( AVENUE
SSESSOR'SENSION PARCELFRM NUMBERTH TO 20th STREETS
558-230-02)
National
into an
property at 2408 East 18th Street
BE IT RESOLVED by the City
City that the City Engineer
escrow for the acquisition of
558-230-02) which property
Fidelity National Title Escrow No.
attached hereto as Exhibit "A".
and ADOPTED this 11th day of July, 1989.
Council of
the City of
is authorized to enter
a portion of the
(Assessor's Parcel Number
Extension, per
copy of
ATTEST:
which is
PASSED
is needed for the Euclid Avenue
LOI ANNE PEOPLES, , ITY CLERK
'
APPROVED AS TO FORM:
e2./3� ITY _CATTORNEY
GEO•GE H. EISER,
JB-15009, a
GEORGE. WATERS, MAYOR
Fidelity National Title
INSURANCE COMPANY
ESCROW INSTRUCTIONS
ESCROW NO: JB-15009
DATE: JUL 19, 1988 Cash through escrow 8,050.0(
ESCROW OFFICER: JEWELL BIDDLE
Total Consideration 8,050.0C
On or lore 09/19/88, I/We will hand you the sum of $8,050'.00, $0.00 of which I have
handed escrow holder;
FOR A 2U1AL CONSIDERATION OF $8,050.00
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 $8,050.00, on the following described
propertyin the County of SAN DIEGO, State of California:
Legal description attached hereto and made a part hereof by reference.
SFT.TER REPRESENTS ADDRESS TO BE:
Portion of Parcel #558-230-02
National City, CA 92050
Showing title vested in:
City of National City, a Municipal Corporation
FREE FROM ENCUMBRAfor 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.
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
funds.
THE FOLLOWING PRORATIONS AND ADJUSTMENTS ARE REQUIRED AS OF close of escrow
--SIGN AND RETURN--
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-73
EXHIBIT A
Fidelity National Title
INSURANCE COMPANY
ESCROW NO: JB-15009
ALL PRORATIONS AND ADJUSTMENTS ARE TO BE AFFECTED 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 19.86, 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 FORTH ON THE
ATTACHED PAGE. BY YOUR E'ECUTION BELOW, PARTIES HEREIN ACKNOWLEDGE THEY HAVE READ
AND FULLY UNDERSTAND ALL PROVISIONS CONTAINED THEREIN.
SELLERS•
Earl E. Hangen Eustolia Hangen
National City, CA 92050
BUYERS:
City of National City
BY:
1243 National City Boulevard
National City, CA 92050
IP
Fidelity National Title
INSURANCE COMPANY
DATE: JUL 19, 1988
ESCROW NO: JB-15009
ESCROW OFFICER: JE4m BIDDLE
ESCROW INSTRUCTIONS
(continued)
GENERAL PROVISIONS
1. DEPOSIT OF FUNDS
Insurance Code Section 12413 mandates all funds must be "available as a matter
of right" prior to disbursement. DELAYS IN CLOSING will occur if dosing funds are
other than bank wire, cashiers check or similar type items drawn on a California bank.
All funds received in this escrow shall be deposited with other escrow funds in a gen-
eral escrow account or accounts of FIDEUTY NATIONAL TITLE INSURANCE
COMPANY, with any state or national bank, and may be transferred to smother such
general escrow account or accounts. Said funds will not earn interest unless other-
wise specifically stated herein. All disbursements shall be made by check of FIDELITY
NATIONAL TITLE INSURANCE COMPANY.
If for any reason funds are retained or remain in escrow, you are to deduct there-
from a reasonable monthly charge as custodian thereof of not less than $10.00
per month.
2. PRORATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow are to be made on the
basis of a thirty (30) day month unless otherwise instructed in Writing. The phrase "close
of escrow" (COE or CE) as used in this escrow means the date on which documents
we recorded and relates only in proration and/or aclustmenls unless otherwise specified.
You are to use information contained on last available tax statement, rental statement
as provided by the seller, beneficiary's statement and fire insurance policies delivered
into escrow for the prorates provided for herein.
3. RECORDATION OF INSTRUMENTS
Recordation of any instruments delivered through this escrow, if necessary or proper
for the issuance of the policy of title insurance called for, is authorized.
4. AUTHORIZATION TO FURNISH COPIES
You are authorized tofurnish copies of these instructions, supplements, amendments,
or notices of cancellation and closing statements in this escrow, to the Real Estate
Brokers(s) and Lenders(s) named in this escrow.
5. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD
INSURANCE POLICIES
Either Buyer, Seller and/or Lender will hand you insurance agent and insurance pol-
icy information and you are to execute, on behalf of the principals hereto, form assign-
ments of interest in any insurance policy (other than title insurance) called for in this
escrow, forward assignment and policy to the insurance agent, requesting that insurer
oonsentto such transfer and/or attach a loss payable clause and/or such other endorse-
ments as may be required, and, forward such policy(s) to the principals entitled thereto.
It is not your responsibility to verify the information handed you or the assignability of
said insurance, your sole duty is to forward said request to insurance agent at close
of escrow.
6. PERSONAL PROPERTY
No examination or insurance as to the amount or payment of personal property taxes
is required unless specifically requested.
7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in
your office in writing. You shall within two (2) working days thereafter 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 TO CANCELLATION IS FILED IN
YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) 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 and take no further action
until otherwise directed, either by the principals' mutual written instructions, or final
order of a court of competent jurisdiction.
8. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as escrow holder, have the abso-
lute right at your election b file an action in interpleader 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 can-
cellation charges and costs, expenses and reasonable attomey's fees which you are
required to expend or incur in such interpleader action, the amount thereof to be fixed
and judgment therefor 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 per-
form any duties or obligations otherwise unposed by the terms of this escrow
9. TERMINATION OF AGENCY OBLIGATION
t there is no action taken on this escrow within six (6) months after the "time limit
date' 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 parties depositing same. In the event of cancellation of
this escrow, whether it be at the request of any of the principals or otherwise, the fees
and charges due RDEUTY NATIONAL TITLE INSURANCE COMPANY, including
expenditures incurred and/or authorized shall be borne equally by the parties hereto
(unless otherwise agreed to specifically).
10. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting instructions other than cancellation instructions, you
are no longer obligated to take any further action in connection with this escrow until
further consistent instructions are received from the principals to this escrow except
as provided in Paragraph 7 of these General Provisions.
11. DELIVERY/RECEIPT
Delivery to Buyer and/or Seller as used in these instructions is to be by regular
mail, and receipt is determined to be 72 hours after such mailing unless otherwise
stated herein.
12. STATE/FEDERAL CODE NOTIFICATIONS
Pursuant to Section 4803 of Revenue and Taxation code of the State of California
prior to the dose of escrow Buyer will provide Escrow Holder with a Preliminary Change
of Ownership Report In the event said report is not handed to Escrow Holder for sub-
mission to the County in which subject property is located, upon recording of the Grant
Deed, Buyers acknowledge that the applicable fee will be assessed by said county
and Escrow Holder shall debit the account of Buyer for same at close of escrow Further,
Buyers acknowledge that this lack of submission may impact certain provisions under
the Owners Policy of Tdle Insurance issued at close of this escrow.
Pursuant to Foreign Investors in Real Property Tax Act, the Internal Revenue Code,
Sections 1445 and 6039 C. Buyer and Seller herein represent and warrant that they
will seek and obtain independent legal advice and counsel relative to their obligations
and will take all steps in order to comply with such requirements and agree to hold you
harmless relative to their compliance therewith.
13. ENCUMBRANCES
Ybu are authorized to pay all encumbrances necessary to place title in condition called
for herein, including but not limited to prepayment penalties, without further approval
of the undersigned.
14. USURY
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 of any respon-
sibility or liability therefor.
15. DISCLOSURE
Your knowledge of matters affecting the property, provided such facts do not pre-
vent your compliance with these instructions, does not create any liability or duty in
addition to your responsibility under these instructions.
16. COUNTERPARTS
These instructions, and any amendments or supplements thereto, may be executed
in any number of counterparts, each of which shall be deemed an original, regardless
of the date of execution and delivery. All such counterparts shall constitute one and
the same document
ALL DOCUMENTS, BALANCES AND STATEMENTS DUE THE UNDERSIGNED ARE
TO BE MAILED TO THE ADDRESS SHOWN BELOW.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER
OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING
RAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE
GENERAL PROVISIONS.
THE FOREGOING INSTRUCTIONS ARE SUBJECT TO 'GENERAL PROVISIONS' AS SET FORTH ABOVE.
BY YOUR EXECUTION BELOW, PARTIES HEREIN ACKNOWLEDGE THEY HAVE READ AND FULLY UNDERSTAND
ALL PROVISIONS CONTAINED THEREIN.
SELLERS -
Earl E. Hanger
National City, CA 92050
BUYERS:
City of National City
By:
Eustolia Hangen
FEGP (1) (Rank 7-87)
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 51-17
That portion of a parcel of land in the City of National
City, described in a grant deed to Earl E. Hangen and
Eustolia Hangen recorded January 18, 1984 as instrument No.
84-019519, Official Records of the County of San Diego,
State of California, described as follows:
Beginning at the northwesterly corner of said Hangen parcel,
thence along the northerly line of said parcel, North
72°05'S0" East, 20.58 feet to a point of cusp with a curve
concave southeasterly, having a radius of 20.00 feet; thence
leaving said northerly line, southwesterly along said curve,
through a central angle of 90°00'00", an arc length of 31.42
feet; thence South 17°54'10" East, 97.96 feet to a point on
a tangent curve concave westerly having a radius of 2042.00
feet; thence along said curve through a central angle of
1°22'02", an arc length of 48.73 feet to a point on the
westerly line of said Hangen parcel; thence nontangent to
said curve, along said westerly line, North 17°54'10" West,
166.68 feet to the point of beginning.
The above described parcel contains 174 square feet, more or
less.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B" (Sheet 1 of 3).
Parcel 51-31
That portion of a parcel of land in the City of National
City, described in a grant deed to Earl E. Hangen and
Eustolia Hangen recorded January 18, 1984 as instrument No.
84-019519, Official Records of the County of San Diego,
State of California, described as follows:
Commencing at the northwesterly corner of said Hangen
parcel, thence along the westerly line of said parcel, South
17°54'10" East, 75.00 feet; thence leaving said westerly
line North 72°05'S0" East 0.58 feet to the true point of
beginning of the herein described parcel of land; thence
along a line parallel with and 0.50 feet easterly of said
westerly line, South 17°54'10" East, 66.00 feet; thence
leaving said westerly line, North 11°50'55" West, 66.37
feet; thence South 72°05'50" West, 7.00 feet to the true
point of beginning.
The above described parcel contains 231 square feet, more or
less.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B" (Sheet 2 of 3).
LEGAL DESCRIPTION PAGE 1 OF 2
s
Parcel 51-32
That portion of a parcel of land in the City of National
City, described in a grant deed to Earl E. Hangen and
Eustolia Hangen recorded January 18, 1984 as instrument No.
84-019519, Official Records of the County of San Diego,
State of California, described as follows:
Beginning at the northwesterly corner of said Hangen parcel,
thence along the northerly line of said parcel, North
72°05'50" East, 20.58 feet to a point of cusp with a curve
concave southeasterly, having a radius of 20.00 feet, said
point being the true point of beginning, thence leaving said
northerly line, southwesterly along said curve of the herein
described parcel; through a central angle of 90°00'00 an
arc length of 31.42 feet; thence South 17°54'10" East, 40.00
feet; thence North 72°05'50" East, 7.00 feet; thence North
17°54'10" West, 40.00 feet to a point on a non -tangent curve
concave southeasterly, having a radius of 20.00 feet, a
radial bearing to said point bears South 68°30'21" West;
thence northeasterly along said curve, through a central
angel of 73°13'27", an arc length of 25.56 feet to a
nontangent line and the true the point of beginning.
The above described parcel contains 400 square feet, more or
less.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B" (Sheet 3 of 3).
Assessor's Parcel: 558-230-02 (portions)
Grantor(s): Mr. Earl E. Hangen
Mrs. Eustolia Hangen
Grantee: City of National City
Project: Euclid Avenue Extension
16th to 20th Streets
Project Parcel: 51-17, 51-31, and 51-32
BSI Job: 1091-0051-55
Date: .Revised April 20, 1988
LEGAL DESCRIPTION
PAGE 2 OF 2