HomeMy WebLinkAboutCC RESO 16,018RESOLUTION NO. 16,018
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
2005 EUCLID AVENUE WHICH IS NEEDED FOR THE
EUCLID AVENUE EXTENSION FROM 20TH TO 22ND STREETS
(ASSESSOR'S PARCEL NUMBER 558-281-02)
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 at 2005 Euclid Avenue (Assessor's Parcel Number 558-
281-02) which property is needed for the Euclid Avenue
Extension, per Transamerica Title Insurance Company Escrow
No. 119079-ct, a copy of which is attached hereto as Exhibit
"A".
PASSED and ADOPTED this 11th day of July, 1989.
GEORGE
-.-,A-
WATERS , MAYOR
ATTEST:
LOR ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY
iTRANSAMERICA
TITLE INSURANCE
Transamerica
Title Insurance Company
oi.nvw iris auL Liv
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 119079-ct
DATE: June 15, 1989
PAGE 1 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
CASH TO COME
$ 93,000.00
TOTAL SALES PRICE $ _ 93,000.00
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 July 15,
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: 2005 Euclid Avenue, National City, CA
92050)
INSURING TITLE VESTED IN:
The City of National City, a Municipal corporation
SUBJECT ONLY TO:
None (1989-90) 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's account with all closing costs incurred herein,
including but not limited to title policy fee, escrow fee, recording fees and
demand/reconveyance fees.
**
i .LA
In addition to amounts set forth above, Buyer will hand you, before the time
limit for close of escrow as set forth herein, funds in an amount to cover
adjustments and prorations as set out above, Buyer's usual closing costs
including but not limited to one-half escrow fee, lender's 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 for close of escrow set out
herein, instruments called for herein and all monies due, plus or minus the
above prorations and adjustments. From said monies, you are instructed and
authorized to deduct and pay Seller's usual closing costs including but not
limited to one-half escrow fee, drawing fees, normal recording fees, owner's
title insurance fees, and required transfer tax. 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
243.6
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 119079-ct
DATE: June 15, 1989
PAGE 2 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
condition called for in these instructions. You are instructed to order the
title search at once. From Seller's funds you are instructed and authorized to
pay commission, if any, as per separate instructions handed you.
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: LLl'�O;
BY:
MAILING: 1243 National City Blvd., National City, CA 92050
FORWARDING: 1243 National City Blvd., National City, CA 92050
SELLER SIGNATURE(S):
Mfl�flred Neree Bri ken, who acquired title as
Mildred Neree Pet rson
MAILING: 2005 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: 119079—ct
DATE: June 15, 1989
PAGE 3 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
GENERAL INSTRUCTIONS
(1) Make all adjustments ad/or proration, 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 bard by any instructions unless in writing.
(3) All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Transamerica Title
Insurance Company, with any State cr National Bait, 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 ad/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 instruments 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 ad 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 connection therewith. If you are required to respond to any legal
sermons or proceedings not irwolvirg 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 proceeding.
(7) Time is of the essence of these instructions. If a written demand to cancel is stbmitted 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 ad/or funds upon 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
cart 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 cleric of the court all hamments aid funds held in this escrow. In the event such action is filed, the principals
jointly and severally agree to pay your carcellation charges and costs, expenses ad 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 obligation 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 enasbrace 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 Cafe of 1954 as amended, and/or Sections 18805 aid 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 user 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 drawn on "WY accounts, credit union share drafts, traveler's checks or many orders) drawn on an
ad -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 funding, such as wire transfer,
may be suggested to avoid any delay in the closing of your escrow.
(13) Parties herein adenowledge that effective July 1,1985, pursuant to a new state law (Section :u.3, R 8 T), all deeds and other documents that
reflect a charge in awnerhsip in real property when presented for recording, must be accompanied by a preliminary dhange 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 aunty recorder, and in such event escrow holder will charge buyer's account
accordingly.
Transamerica Title Insurance Company
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, CITY OF NATIONAL CITY, AND IS DESCRIBED
AS FOLLOWS:
THE SOUTHWESTERLY 60 FEET OF THE SOUTHWESTERLY 121 FEET
OF THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE SOUTHWESTERLY
QUARTER OF QUARTER SECTION 107, RANCHO DE LA NACION, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF MADE BY MORRILL NO. 166 ON FILE IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DESCRIBED AS
FOLLOWS:
THAT PORTION OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID QUARTER SECTION 107, LYING NORTHERLY OF
AND WESTERLY OF THE NORTHERLY AND WESTERLY BOUNDARY OF
F.A. RICHARD'S SUBDIVISION ACCORDING TO MAP THEREOF NO.
2459 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY FEBRUARY 24, 1949 AND LYING WESTERLY OF THE
NORTHERLY PROLONGATION OF THE MOST WESTERLY LINE OF SAID
F.A. RICHARD'S SUBDIVISION.
PAGE 3 6008701