HomeMy WebLinkAboutCC RESO 16,058RESOLUTION NO. 16,058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CITY ENGINEER
TO ENTER INTO AN ACQUISITION ESCROW FOR THE
PURCHASE OF THE PROPERTY AT 2406 20TH STREET
(A.P.N. 558-281-20)
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 property at 2406
20th Street (Assessor's Parcel Number 558-281-20), which
property is needed for the Euclid Avenue extension, per
Transamerica Title Insurance Company Escrow No. 119178-ct, a
copy of which is attached hereto as Exhibit "A."
PASSED and ADOPTED this 22nd day of August, 1989.
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ATTEST:
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Lor Anne Peoples, City Clerk
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney
George H. aters, Mayor
EXHIBIT
"A"
AMENDMENT TO ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 119178-ct
DATE: August 7, 1989
PAGE 1 OF 1
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
RE: 2406 20th Street, National City, CA 92050
THE ABOVE NUMBERED ESCROW IS HEREBY AMENDED AND/OR SUPPLEMENTED AS FOLLOWS:
A. Paragraphs C and D.
of the original escrow instructions are deleted in
their entirety.
ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME.
Manuel Ochotorena The City of National City
Yolanda M. Ochotorena BY:
TRANSAMERICA
TITLE INSURANCE
Transamerica
Title Insurance Company
C o P�
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 119178-ct
DATE: August 3, 1989
PAGE 1 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
CASH TO COME
TOTAL SALES PRICE
$ 132,500.00
$ 132,500.00
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 September
5, 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: 2406 20th Street, 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 insurance premium, escrow fee, demand fees,
reconveyance fees and recording fees, if any.
C. The closing of this escrow is contingent upon completion of seller's new
house located at 1726 Grove, National City, CA 92050. Seller will notify
escrow holder in writing upon satisfaction of this contingency.
D. Escrow holder is instructed to transfer net proceeds due seller at the
close of escrow to TMC Escrow ATTN: Colleen Liz Childres, 3130 Bonita Road,
Chula Vista, CA 92010 for credit to their account in escrow #9-5046.
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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, and all closing costs as provided
for above.
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
243.6
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 119178-ct
DATE: August 3, 1989
PAGE 2 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
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 proration and adjustments. 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
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:
BY:
MAILING: 1243 National City Blvd., National City, Ca 92050
FORWARDING: 1243 National City Blvd., National City, Ca 92050
SELLER SIGNATURE(S):
Manuel Ochotorena
MAILING: 2406 20th Street, National City, CA 92050
FORWARDING: 2406 20th Street, National City, CA 92050
Yolanda M. Ochotorena
MAILING: 2406 20th Street, National City, CA 92050
FORWARDING: 2406 20th Street, 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: 119178—ct
DATE: August 3, 1989
PAGE 3 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
GENERAL INSTRUCTIONS
(1) Make all adjustments and/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 bound by any instructions unless in writing.
(3) All finds 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 or National Bark, and may be transferred to any other such general escrow accent or accounts. All disbursements
shall be made by check on such account(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 ary 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 and same 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
summon 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 proceeding..
(7) Time is of the essence of these instructions. If a written demand to cancel 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 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 abjection is filed with you, you are
authorized to hold all money and documents in this escrow aid 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 socn as possible, You
may return lender's papers and/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
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 cleric 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 irwolved 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 1:05 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), oar
(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 drawn on "NOW" accounts, credit union share drafts, traveler's checks or money orders) drawn on an
cut -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 ackncdedge that effective July 1,1985, pursuant to a new state law (Section 480.3, R & T), all deeds and other documents that
reflect a change in ewnerhsip 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 burner'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:
THAI PORTION OF THE NORTHWESTERLY QUARTER OF THE SOUTHWESTERLY
QUARTER OF QUARTER SECTION 107, RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF MADE BY MORRELL
NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER
OF SOUTHWEST QUARTER OF SAID QUARTER SECTION 107; THENCE
SOUTH 18456'15" EAST ALONG THE WESTERLY LINE THEREOF 30.00
FEET; THENCE NORTH 70451'00" EAST PARALLEL WITH THE NORTHERLY
LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID QUARTER SECTION 107, A DISTANCE OF 30.00 FEET TO
THE EASTERLY LINE OF THE WESTERLY 30.00 FEET OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER. BEING THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH 70451'00" EAST ALONG
SAID PARALLEL LINE 86.00 FEET; THENCE SOUTH 18456'15" EAST
72.00 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN DEED
TO MILDAEL MEREE PETERSON, RECORDED JUNE 29, 1959 IN BOOK
7741, PAGE 21 OF OFFICIAL RECORDS; THENCE SOUTH 70°51'00"
WEST ALONG SAID NORTHERLY LINE 86.00 FEET TO THE EASTERLY
LINE OF THE WESTERLY 30.00 FEET OF SAID NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER; THENCE NORTH 18456'15" WEST ALONG
SAID EASTERLY LINE 72.00 FEET TO THE TRUE POINT OF BEGINNING.
y x TRANSAMERICA
TITLE INSURANCE
Transamerica
Title Insurance Company
243.6
ESTIMATED BUYER'S CLOSING STATEMENT
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103 (619) 296-2000
Escrow No: 119178-ct
Date: September 5, 1989
PAGE 1 OF 1
The City of National City
DEBIT CREDIT
Total Consideration 132,500.00
ESCROW FEES
Escrow Base Fee
Miscellaneous
TITLE CHARGES
Owners Policy
Reconveyance Fees
670.00
200.00
672.50
100.00
ADDITIONAL CHARGES
Funds needed to close escrow 134,142.50
TOTAL AMOUNT DUE
TOTALS 134,142.50 134,142.50