HomeMy WebLinkAbout1988 CC RESO 15,696RESOLUTION NO. 15,696
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT BETWEEN HAZEL M. KRTEK AND THE
CITY OF NATIONAL CITY FOR EXCHANGE OF REAL
ESTATE AT EUCLID AVENUE AND 18TH STREET
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Agreement between Hazel M. Krtek and the City of National
City for the exchange of real estate at Euclid Avenue and
18th Street, a copy of which is attached hereto as Exhibit
"A"
PASSED and ADOPTED this 9th day of August, 1988.
MAYOR
WATERS,
GEORGE
ATTEST:
IONE CAMPBELL, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III
CITY ATTORNEY
ATTACHMENT PD A-200
1. Mrs. Krtek owns the laundry located at the North East corner of Orange
Street and 18th Street, (Assessor's Parcel No. 558-190-06).
Construction of Euclid Avenue from 16th to 20th Streets requires a
portion of this property (See Plat, Parcel "G").
2. The City owns the two parcels to the north (Assessor's Parcel No. 558-
190-05 Parcel "F" and 558-190-05 Parcel "E"). Construction of Euclid
Avenue requires portions of these parcels (See Plat).
3. Mrs. Krtek expressed interest in exchanging the property that she is
losing fronting Euclid Avenue for the reminder of the parcel to the
north since she needs to replace the parking spaces that she is
losing. She also expressed interest in acquiring the reminder of the
other parcel to the north.
4. Based upon City Council policy to negotiate with property owners whose
land is being impacted by the Euclid Avenue project, we instructed our
Acquisition Agent to negotiate the acquisition of her property through
an Agreement that includes an exchange and a purchase of City
property.
5. The attached agreement proposes the following:
a. A straight trade: 1,494 square feet of her parcel "G" for 7,100
square feet of City's parcel "F". However, the owner will pay
for all modifications required to her existing building and the
adjoining properties (See Agreement, Item 3).
b. The property which the City is proposing to take from Mrs. Krtek
presently provides parking for 8 vehicles (straight in parking).
The property which the City is proposing to trade, will be used
to construct a parking lot for an equivalent number of vehicles.
The new parking lot will use an entrance/exit aisle which will
increase traffic safety. The existing vehicles will not be
forced to back into the public street, they will be able to exist
in a forward direction.
c. Purchase of 5,642 square feet of City's parcel "E" by Mrs. Krtek
for a price of $18,336.50, which is $3.25 per square foot. This
is the value of land for residential area arrived at by our
appraiser.
d. The City will pay Mrs. Krtek $1,550 for relocating her new
concrete block track dumpster enclosure, since she built this
recently per City's requirement.
e) The City will provide a driveway for the new parking lot and will
provide sewer and water laterals to the right-ofay line for
future use.
6. The City will pay all escrow fees, per our Acquisition Policies and
Procedures Manual, estimated at $1,492.50.
AGREEMENT
THIS AGREEMENT is made this 23 day of Gs'-i , 1988,
between the City of National ity, a muni•j pa corporation
("City") and Hazel M. Krtek, widow of Robert Krtek, ("Mrs.
Krtek") for the exchange and sale of real property between the
parties,
NOW, THEREFORE, it is agreed as follows:
1. Mrs. Krtek agrees to convey to City the real property
located at the intersection of 18th Avenue and Orange
Street as described and shown in the attached Exhibits A
and B.
2. City agrees to convey to Mrs. Krtek all that land lying
easterly of the proposed Euclid Avenue of the adjoining
properties currently identified as San Diego County
Assessor's Parcel 760-106-72 and 558-190-04, as described
and shown on the attached Exhibits C, D, E and F. (Note:
Assessor's Parcel 760-106-72 is also known as Assessor's
Parcel 558-190-05).
3. Mrs. Krtek agrees to pay the following costs for
modifications to her existing building and to the
adjoining properties:
a. Installation of a door in the north wall of the
building.
b. Cost to grade and pave new parking areas to replace
parking area to be removed for the proposed street
improvements.
c. Installation of area lights for the proposed parking
areas, including costs of electrical wiring.
d. All other costs to make the properties usable to the
satisfaction of Mrs. Krtek.
All construction by Mrs. Krtek shall be subject to City
approval through applicable City permit procedures.
4. Mrs. Krtek agrees to pay City $ 18,336.50 for the portion
of Parcel 558-190-04 to be conveyed by City (5,642 square
feet times $ 3.25 per square foot). Mrs. Krtek agrees to
deposit the consideration into escrow upon written notice
from City or escrow agent.
5. City shall pay all escrow fees and other fees in
accordance with City's Acquisition Policies and
Procedures brochure.
1
6. City agrees to do the following as a part of the Euclid
Avenue project:
a. Remove the existing concrete block trash dumpster
enclosure.
b. Construct a 24 ft. wide concrete driveway for
Parcel 760-106-72 at Engineering Station 15+60 per
approved construction plans.
c. Relocate gas and water meters for the existing
building.
d. Reimburse Mrs. Krtek $ 1.550.00 for a new concrete
block trash dumpster enclosure. City shall
reimburse Mrs. Krtek after the new enclosure is
inspected and approved by City.
e. Extend sewer and water "stub outs" to the new
easterly line of proposed Euclid Avenue at
approximate Engineering Station 15+ 53for future use
at Parcel 760-106-72.
7. Nothing in this Agreement shall be a waiver by City of
any permit or application process for any work described
in this Agreement.
8. City waives all costs, charges, assessments or other fees
for street improvements to be constructed specifically
for the Euclid Avenue project. Nothing in this
Agreement. however, shall be a waiver of any future
assessments which may be applied for public improvement
projects.
9. The terms of this Agreement shall bind the heirs,
executors. administrators, assigns and successors of the
parties.
10. If any provision or portion of this Agreement is held
unenforceable or invalid by any court of competent
jurisdiction, the enforceability and validity of the
remaining provisions and portions shall not be affected.
11. This Agreement is the entire agreement between the
parties and all prior negotiations, representations and
agreements are merged into this Agreement.
12. This Agreement is executed in National City. San Diego
County. California in accordance with the laws of the
State of California.,
2
13. If a suit is brought to enforce or interpret this
Agreement or any portion of it, the prevailing party
shall be entitled to recover, as an element of costs of
suit, reasonable attorney's fees whether or not the suit
proceeds to final judgment.
IN WITNESS HEREOF, the parties have executed this Agreement
the day and year first written above.
Haze M. Krtek9r-ti7)
CITY OF NATIONAL CITY
eor rg . Waters. May
Io,tie Campbell, City Clerk
APPROVED AS TO FORM:
4'J a
George H. Eiser III.
City Attorney
3
State of California )
County of San Diego )
ss.
Individual Acknowledgment
On this F34L day of , 1988 before me. a Notary
Public. personally appe ed a el M. Krtek proved to me on the
basis of satisfactory evidence to be the person who signed
this instrument and acknowledged to me that she executed it.
Notary Public
State of California
ss. Municipal Corp. Acknowledgment
County of San Diego
On this day of . 1988 before me, a Notary
Public. personally appeared George Waters as Mayor and Ione
Campbell as City Clerk proved to me on the basis of
satisfactory evidence to be the persons who signed this
instrument on behalf of the City of National City and
acknowledged to me that the City executed it.
Notary Public
4
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot MG," Block 8, Lincoln Acres Orchard
Subdivision in the City of National City, according to the
map thereof Map No. 1785, on file in the Office of the
Recorder of the County of San Diego, State of California,
lying westerly of a line parallel with and 42.00 feet
easterly of the following described line:
Beginning at the point of intersection of the centerline of
Euclid Avenue with the centerline of 16th Street, as shown
on said Map No. 8840, thence South 17°43'52" East, 100.01
feet to a tangent curve concave westerly, having a radius of
1400.00 feet; thence southerly along said curve, through a
central angle of 9°23'28", an arc length of 229.47 feet;
thence South 8°20'24" East, 58.88 feet to a tangent curve
concave easterly having a radius of 1400.00 feet; thence
southerly along said curve, through a central angle of
9°33'46", an arc length of 233.66 feet; thence South
17°54'10" East, 42.89 feet to a point on the centerline of
18th Street, as said centerline is shown on the map of
Lincoln Acres Orchard Subdivision, Map No. 1785 on file in
said County Recorder's Office.
Together with that portion of said Lot "G" lying
southwesterly of a curve concave northeasterly, having a
radius of 20.00 feet. Said curve being tangent northerly
with aforementioned parallel line and tangent easterly with
the northerly right-of-way of 18th Street.
The above described parcel contains 1,894 square feet, more
or less.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B."
Assessor's Parcel:
Grantor(s):
Grantee:
Project:
Project Parcel:
BSI Job:
Date:
558-190-06 (portion)
Mrs. Hazel M. Krtek
City of National City
Euclid Avenue Extension
16th to 20th Streets
51-11
1091-0051-55
Revised April 20, 1988
EXHIBIT " B"
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AREA
TO 8E ACQUIRED
17'43 52"W.
EUCLID
AVEARIE
RIGHT OFWAY PARCEL NO, 51-11
A.P. NO.55S-Ig0-D(6
AREA OF ACQUISITION 18,14 6.F
DATE a- -Zo-88 .
OWNER HAZEL H. K¢ftrK
RIGHT OF WAY MAP OF
EUCLID AVENUE
CITY OF NATIONAL CITY
EXHIBIT
SIC!!
LEGAL DESCRIPTION
That portion of Lot "F" of Block 8 of Lincoln Acres Orchard
Subdivision in the City of National City, according to map
thereof No. 1785 recorded on March 5, 1924 in the Office of
the Recorder of San Diego County, State of California, more
particularly described as follows:
Beginning at the Northwesterly corner of said Lot "F"; thence
North 72°05'S0" East 32.06 feet to an intersection with the
proposed Easterly Right of Way line of Euclid Avenue, the TRUE
POINT OF BEGINNING; thence continuing North 72°05'50" East
115.44 feet to the Northeast corner of said Lot "F"; thence
South 17°54'10" East 61.18 feet to the Southeast corner of
said Lot "F"; thence South 72°05'50" West 116.20 feet to an
intersection with the Easterly Right of Way line of Euclid
Avenue, distance thereof 31.30 feet from the Southwest corner
of said Lot "F"; thence Westerly and Northerly along said
Euclid Avenue Right of Way, a curve concave to the Northeast
with a radius of 1,358.00 feet; thence Westerly and Northerly
along said curve a distance of 61.82 feet through an angle of
2°36 30" TRUE POINT OF BEGINNING.
The above described parcel contains 7,100 square feet, more or
less.
Assessor's Parcel: 761-106-72 (formerly 558-190-05)
Grantor: City of National City
Grantee: Hazel M. Krtek
Project: Euclid Avenue Extension
Prepared by: City of National City
Date: July 1, 1988
GAI IIUl L v
REF.— PoR. LOT- F of BLK. 8
SW P'MAP NO. 1785
APN 558-190-os
D
SUBJECT AREA (To 8E
NEW KRTEK LOT)
% 100 SQ. FT (O• t 63oAC)
AREA: of TAK1W6 8Y WY ;
Poe EVCLiO AVE.
.. i
/,924 SQ.FT. (0.o442Ac.)
vo
u,,T: L /2 3/88
EXHIBIT "E"
LEGAL DESCRIPTION
That portion of Lot "E" of Block 8 of Lincoln Acres Orchard
Subdivision in the City of National City. according to map
thereof No. 1785 recorded on March 5. 1924 in the Office of
the Recorder of San Diego County. State of California. more
particularly described as follows:
Beginning at the northwesterly corner of said lot;
thence along the northwesterly line of said lot North
72°05'50" East 59.93 feet to the True Point of Beginning;
thence continuing along said northwesterly line North
72°05'50" East 87.57 feet to the northeast corner of said lot;
thence South 17°54'10" East 61.18 feet to the southeasterly
corner of said lot;
thence along the southeasterly line of said lot South
72°05'50" West 83.28 feet;
thence leaving said southeasterly line North 56°00'29" West
24.62 feet;
thence North 03°30'29" West 43.00 feet to the True Point of
Beginning.
The above described parcel contains 5.642 square feet, more or
less.
Assessor's Parcel: 558-190-04
Grantor: City of National City
Grantee: Hazel M. Krtek
Project: Euclid Avenue Extension
Prepared by: City of National City
Date: June 23. 1988
cxrnolt r
REF. — Poi?. LOT E OF BLK, 8
IN MAP NO. 1785
APH 558-19o-04
S /7..54'/0"E
SUBJECT AREA (To BE NEW
K1 TEkLun)
5, 6 42 SQ. F1 (o. / ?.9B AC.)
AREA OF TAKING BY CITY
FaR EUCLID AYE.
3,38/ Scat .FT. (o. o776Ac.)
aw.7 6/23/88
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AVENUE
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711E NORTH/
EA'I ✓ CORiVEi
\TNE J irni 4:
Qt/4R'TER of
1/I n.ra/l. /F4 r/U
Fidelity National Title
INSURANCE COMPANY
ESCROW INSTRUCTIONS FOR AN EXCHANGE
ESCROW OFFICER: Patricia Jensen
Escrow No's: P-13216
P-13217
DATE: July 11, 1988
HAZEL M. KRTEK, a widow, hereinafter referred to as "KRTEK" and;
CITY OF NATIONAL CITY, a municipal Corporation, in the County of San DIego,
State of California, hereinafter referred to as "National City";
It is acknowledged that the above parties, for and in consideration of the
mutual covenants and agreements as set forth herein, to be kept and per-
formed, agree to exchange respective properties as further set forth here-
in, under terms and in the manner as set forth in this escrow.
Parties acknowledge the execution of an Agreement outside of escrow regard-
ing transaction which contains additional terms and conditions which are of
no regard to escrow holder and these instructions do not intend to super-
sede those items, but are to effectuate the exchange of properties called
for therein.
EQUITY FOR EQUITY: Parties instruct escrow holder that this escrow will be
an "equity for equity" exchange and escrow holder need have no concern with
valuations of either property referred to herein, and need have no concern
with the equivalency of equities exchanged herein. Each party acknowledges
that he has made satisfactory investigation of property she/it has made
satisfactory investigation of the property she/it is acquiring and is sat-
isfied as to its value and for consideration in exchange for equity or value
he is conveying through this exchange.
CLOSE OF ESCROW: Parties agree close of escrow date to be August 1, 1988,
or as soon thereafter as all terms and conditions of this escrow are complied
with, unless escrow holder has been handed written cancellation instructions
in accordance with "General Provisions" contained herein.
COSTS: Parties agree that "National City" will pay all title and escrow fees
of this transaction and there is to be NO Documentary Transfer Tax nor
recording fees, as this transaction involves an municipality.
Parties acknowledge that there will be NO PRORATIONS through this escrow, and
that all taxes will be current at closing. Escrow holder will be doing a
cost accounting only at close of escrow, as there are no considerations paid
through escrow.
PRELIMINARY TITLE REPORTS: Escrow holder is instructed to provide copies of
preliminary title reports on each respective property to party acquiring said
property, together with copies of C. C. & R.'s if referred to therein for
acquiring party's written approval.
Escrow holder is authorized and instructed to cooperate and provide items as
requested by BSI Consultants, Inc., who acts on behalf and for the parties
herein.
This transaction is the result of an acquisition for Right of Way along
Euclid Avenue from 16th to 20th Streets in the City of National City.
FIRE INSURANCE: Escrow holder is not to be concerned with fire/hazard
insurance, as parties have satisifed themselves outside of escrow as to same.
PAYOFFS: Fox loans am properties, which are NOT to remain of record, owner
instructs escrow holder to pay the demands of lienholders of record, as
demanded.
Page 1
muiN
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
,3_f - i _ _ o. .o _ ,c- o .
Fidelity National Title
INSURANCE COMPANY
AS TO PARCEL 2 Escrow #P-13217
NATIONAL CITY to cause to be handed you Grant Deed to: HAZEL M. KRTEK,
a widow
COVERING4U4, PROPERTY situated in ille-City'of Natiena1-City, °minty -- -
:of San DIego, State of California, more particularly described as:
Ithat- portlon-of-Lot:"F" of Block 8,- Of LINCOLN ACRES ORCHARD SUBDIVISION,
;.in -the City of1National-Cityi according to the Map -thereof No. 1785,
recorded March 5, 1924 in the Office of the County Recorder of said County,
..-and as fully descried in legal description attached hereto has Exhibit "C".
Fartif-c erim=bleagr.tb earrmtioy, cyf a Aprevm=r trotr:Zee ;4'r
ENABLING yOu'to obtain iistianciaf-Stanaard-Ownee:s Folic); of Tile
''insuraneelwititza•liability,of $-30,000.00 ----Is' showing title to said
Parcel vested in Grantee above named, ffee of encumbrances EXCEPT:
1. Current taxes for fiscal year 1988/89. Including levies for any
district -such asi"but-not limited to,'drainage,A.rrigation,-road- -
-improvements, acquistion-and improvements, fire protection, etc.
'2%:-*Sonds and isSessment-Waith'inoTdelinquent-paymentsj-and-withLunpaid-
fialance-not-to exceed-00. ' ' ' - • '
-3. Covenants, Conditions and Restrictions, easements, rights and rights
---of way of record,.including so-called zoning ordinances, if any.
,
NO other liens or encumbrances.
1
:
Parties ackowledge subject property Is subject to certain conditions
made in accordance with that certain "Agreement" made outside of
escrow and attached hereto as Exhibit "B", subject property being
-shaded area of Parcel "F" of Exhibit "D" of said Agreement.
•
Page 3
' : •
• • '
Initial He e
Fidelity National Title
INSURANCE COMPANY
AS TO PARCEL 1.
Escrow #P-13216
KRTEK to cause to be handed you Grant Deed to: CITY OF NATIONAL CITY,
A Municiapl Corporation, in the County of San Diego, State of California,
COVERING REAL PROPERTY situated in the City of National City, County
of San Diego, State of California, more partiuclarly described as:
That portion of Lot "G", BLock 8, LINCOLN ACRES ORCHARD SUBDIVISION,
in the City of National City, according to the Map thereof No. 1785; on
file in the Office of the County Recorder of San Diego County, and as
fully described in legal description attached hereto has Exhibit "A".
ENABLING you to obtain issuance of Standard Form Owner's policy of
Title Insurance with a liability of $ 30,000.00 , showing title to
said Parcel vested in Grantee above named, free of encumbrances EXCEPT:
1. Current taxes for fiscal year 1988/89. Including levies for any
district such as, but not limited to, drainage, irrigation, road
improvements, acquisition and improvements, fire protection, etc.
NO report of personal property taxes is made.
2. Bonds and assessments, with no delinquent payments, and with unpaid
balance not to exceed 00.
3. Covenants, Conditions and Restrictions, easements, rights and rights
of way of record, including so-called zoning ordinances, if any.
NO other liens or encumbrances.
Parties acknowledge subject property is currently a parking lot used
by KRTEK to service an existing establishment and certain modifications
are to be,made in accordance with that certain "Agreement" made outside
of escrow and attached hereto as Exhibit "B", being the shaded area of
Parcel "G" on Exhibit "B" of said Agreement.
Parties are aware that the City of National City must execute the
Certificate of Acceptance on original grant deed from KRTEK.
Page 2 Initial Here
6/348
DATE: July 11, 1988
ESCROW NO: Exchange #P-13216 and P-13217
ESCROW OFFICER: Patricia Jensen
Fidelity National Title
INSURANCE COMPANY
ESCROW INSTRUCTIONS
(continued)
GENERAL PROVISIONS
1. DEPOSIT OF FUNDS •r " • " required to expand or incur -in such 'interpbederedfoln, the ernoum gyred b be fixed
Insurance Code Section 12413 mandates all funds must be "aveiobie as a matter and judgment therefor b be rendered by the court_ Upon the filing of such action, you
of right" prior b disbuaement. DELAYS IN CLOSING w4 occur if dosing lends am shall thereupon be fully released and discharged front ail obligations to further per -
other than bank wire, cashiers deck orskNhrtype *etas down anaCaofondatssrdr. ' form any duties or obligations otherwise imposed by the terms of this escrow.
AS funds reared trills eatmarshailbaespoacedvancewresemeiunds8"agen"- '0. TERMINAiOpi OF AGENCY OBLIGATION
oral escrow account or accounts of FIDELITY NATIONAL TITLE INSURANCE It there is no action taken on this escrow within six (6) months after the "time limit
COMPANY, with any stale or national bank, and maybe transferred b any other such _ .. - date" as set forth in the seamy instructions or written exlensbn thereof, your agency
general escrow s,omunt' or amdmts. Said funds will not earn intermit iinlessbther- "k opligetion shall tenn`imite etyaaophwri end ail doasranis, monies mother items heal
wine speciilcaly stated herein. AI disbursamerarshell bemade bytiedc of FIDELITY i N byyor she be rammed tithe pages depositing same* the event of cancellation of
NATIONAL TITLE INSURANCE COMPANY. this escrow, whether it be at the request of any of the principals or otherwise, the fees
If for any reason funds are retained or remain in escrow you are to deduct there- _ r and charges due FIDELITY NATIONAL TITLE INSURANCE COMPANY, including
tom a reasonable Monthly theme' aS `dustotdian -thereof -of tio'tiess'than S10.00 expenditures incurred and/or authorized shall be borne equally by the parties hereto
per month. (unless otherwise agreed to specifically).
2 PRORATIONS AND ADJUSTMENTS 10. CONFLICTING INSTRUCTIONS
All proration and/or adjustments called for in this escrow are to be made OD the ..,s ,.Upon receipt of any conflicting instructions other than cancellation instructions, you
basis of stint' (30)Eaymontb unless otherwise instructed inwritirg:The Phrase 'dose _-,preno longer obligated to take any further action in connection with this escrow until
of escrow" (COE a CE) as ueedinYMs escrow rosins the deb enwhich documents •a" lorther Consistent instructions are recetred from the principals to this escrow except
DID recorded and relates only bprcradon and/or adjustments unless otherwise specified. .: . as provided in Paragraph 7 of these -General Provsions.
Ybu are b use information contained on last available tax statement, rental statement 11. DELIVERY/RECEIPT
as provided by the seller, beneficiary's statement and fire insurance policies delivered Delivery to Buyer and/a Seller as used in these instructions is to be by regular
ado escrow for the Prorates Provided tor therein. c ;:; :nail, and receipt s detemurheC b be 72 hours alter stx;h mailing artless otherwise
3. RECORDATION OF INSTRUMENTS -> „.- • ; • _ , .t y ,slated herein ± 41
Recordationdanyinswmentsdelierdthr ughttvsescrow,dnecessaryOrproper: ; j NS
;,, ,,12 STATE/FEDERAL CODE NOTIFICATIONS
for the issuance of the -poky of title fnaxaiwe celled la'is authorized Pursuant to Section e80.3 of Revenue and Taxation dole of the State of California
4. AUTHORIZATION TO FURNISH COPIES 4 17rrisriorbttiedoseofescrowBuyeredlprovideEscrowHolderwithaPreliminaryChange
lbu are authorized to furnish copies of these instructions, supptemens; amendments; . of Ownership Report. In the event said report is not hendedb Escrow Holder for sub -
or notices of cancellation and dosing statements in this escrow, to the Real Estate mission b the County in which subject property is located, upon recording tithe Grant
Brokers(s) and Lenders(s) named in the escrow — Deed, Buyers acknowledge that the applicable fee will. be assessed by said county
S. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD • t--tind Escrow Holdershali debitthe account of Buyerfor same at dose of escrow.Further
INSURANCE POLICIES -. r . • - 8uyersadcnowledgethat bhisladcotsubmission mayimpact certain prwisionsunder
Either Buyer, Seller and/or Lender will hand you ansurance'agent airdinsurance pal the Owners Policy of Title Insurance issued at dose of this escrow.
icy information and you are b execute, on behalf of the principals hereto, form assign- Pursuant to Foreign Investors in Real P
mens of interest in any insurance policy (other than title insurance) called for in thisp hoer he Tax representAct, tse InternalandRevenue that Code,
escrow, forward assignment and policy to the insurance Sectionsleek 1n4oand tine aCBuyertlegalgad Seiler an c and theant that ions
consentbsuchtrarsferand/oralladnaloss agent,requestingthatinsurer an seek and ll sipindependentadviceandcounselrelativebgheeobligations
Payable clause and/or such other endorse- and will tale all steps in order to comply with such requirements and agree b told you
mess as may be required, and, 'toward such policy(s) to the principals entitled thereto. harmless relative to their compliance therewith.
It is not your responsibility to verify the information handed you or the assignability of 13. ENCUMBRANCES
said insurance, your sole duty is to forward said request to insurance agent at close Nbu are authorized b el encumbrances pay necessary bpacetitbkncondition called
of escrow for herein, includingbut not limited to
6. PERSONAL PROPERTY - prepayment penalties, withoutfurther approval
No examination or insurance as b the amount or payment of personal property taxes of USURY
.hundersigned.
14. U
is required unless specifically requested. You are not b be concerted with any question of usury in any ban or encumbrance
7. RIGHT OF CANCELLATION . . . , .. . involved in the processing of this escrow and you are hereby released of any respon-
My principal instructing you to cancel the escrow shall file notice of cancellation in sibility or liability therefor.
your office in writing. Ybu shall within two (2) working days thereafter mail, by certified 15. DISCLOSURE
mail, one copy of such notice to each of the other principals at the addresses stated Your knowledge of matters affecting the property, provided such facts do not pre -
in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN vent your compliance with these instructions does not create any liability or duty in
YOUR OFFICE BY -A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH addition to your responsibility under these instructions.
MAIUNG, YOU ARE AUTHORIZED 70 COMPLY WITH SUCH NOTICE AND DEMAND .: 16.COUNTERPARTS
PAYMENT OF YOUR CANCELLATION CHARGES. #written objection is filed, you are
These instructions, and any amendments or supplements thereto, maybe executed •
authorized to hold all money and instruments in this escrow and take no further action in any number of counterparts, each of which shall be deemed an original, regardless
until otherwise directed, either by the principals' mutual written instructions, or final of the date of execution and delivery All such counterparts shall constitute one and
order of a court of competent jurisdiction.
the same document.
8. ACTION IN INTERPLEADER ALL DOCUMENTS, BALANCES AND STATEMENTS DUE THE UNDERSIGNED ARE
The principals hereto expressly agree that you, as escrow holder, have the abso-
TO BE MAILED TO THE ADDRESS SHOWN BELOW •
lute right at your election to file an action in interpleader requiring the principalsb answer
and litigate their several claims and rights among themselves and you are authorized MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER
b deposit with the clerk of the court an documents and funds held in this escrow. In OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING
i event such action is filed, the principals jointly and severaly agree to pay your can- PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE
!lotion charges and oats, expenses and reasonable atbrney's fees which you are GENERAL PROVISIONS.
CITY OF NATIONAL CITY
BY s46,
1243 National City Blvd.
National City, Ca 92050-4397
Hazel M. Krtek
17040 Hierba Dr.
San Diego, Ca 92129
Page 4
FEGP (1) (Rev. 7-87)
froorrr
Exhibit "B"
AGREEMENT
THIS AGREEMENT is made this day of , 1988,
between the City of National City, a municipal corporation
("City") and Hazel M. Krtek, widow of Robert B. Krtek, ("Mrs.
Krtek") for the exchange and sale of real property between the
parties,
NOW, THEREFORE, it is agreed as follows:
1.. Mrs. Krtek agrees to convey to City the real property
located at the intersection of 18th Avenue and Orange
Street as described and shown in the attached Exhibits A
and B.
2. City agrees to convey to Mrs. Krtek all that land lying
easterly of the proposed Euclid Avenue of the adjoining
properties currently identified as San Diego County
Assessor's Parcel 760-106-72 and 558-106-04. as described
and shown on the attached Exhibits C, D, E and F. (Note:
Assessor's Parcel 760-106-72 is also known as Assessor's
Parcel 558-106-05).
3. Mrs. Krtek agrees to pay the following costs for
modifications to her existing building and to the
adjoining properties:
a. Installation of a door in the north wall of the
building.
b. Cost to grade and pave new parking areas to replace
parking area to be removed for the proposed street
improvements.
c. Installation of area lights for the proposed parking
areas, including costs of electrical wiring.
d. All other costs to make the properties usable to the
satisfaction of Mrs. Krtek.
All construction by Mrs. Krtek shall be subject to City
approval through applicable City permit.procedures.
4. Mrs. Krtek agrees to pay City $ 18,336.50 for the portion
of Parcel 558-190-04 to be conveyed by City (5,642 square
feet times $ 3.25 per square foot). Mrs. Krtek agrees to
deposit the consideration into escrow upon written notice
from City or escrow agent.
5. City shall pay all escrow fees and other fees in
accordance with City's Acquisition Policies and
Procedures brochure.
1
Pit
Wft
6. City agrees to do the following as a part of the Euclid
Avenue project:
' a. -Remove - they ez i §ti.n g __concrete block .trash _dumpster
-enclosurre. : ,
b. "Construct a''= 24 •°ft. -wide Concrete`"`driveway for
Parcel 760-106-72 at Engineering Station 15+51 per
approved construction plans.
c. Relocate gas and water meters for the existing
building.... _
c...-: ` 1eimburse• Mrs`. Krtek '$ -' 1 550.00- for a' new concrete
block trash dumpster enclosure. City shall
reimburse Mrs. Krtek after the new enclosure is
inspected and approved by City.
Extend -sewer -and -Water "stub outs" to the new
easterly line of proposed Euclid Avenue at
approximate Engineering Station 15+44 for future use
at' Parcel '760-106-72:
7. Nothing in this Agreement shall be a waiver by City of
any permit or application process for any work described
this Agreement. -
8. City waives -all costs, charges, assessments or other fees
for street improvements to be constructed specifically
for the''`'Euclid Avenue project. Nothing in this
Agreement, however, shall be a waiver of any future
assessments which may be applied for public improvement
projects.-
9. The terms of this Agreement shall bind the heirs,
executors, administrators, assigns and successors of the
parties.
10. If any provision or portion of this Agreement is held
unenforceable or invalid by any court of competent
jurisdiction, the enforceability and validity of the
remaining provisions and portions shall not be affected.
11. This Agreement is the entire agreement between the
parties and all prior negotiations, representations and
agreementsaremerged into this Agreement.
12. This Agreement is executed in National City, San Diego
County, California in accordance with the laws of the
State of California.
rT
. 13. If a suit is brought to enforce or interpret this
Agreement or any portion of it, the prevailing party
shall be entitled to recover, as an element of costs of
suit, reasonable attorney's fees whether or not the suit
proceeds to final judgment.
IN WITNESS HEREOF, the parties have executed this Agreement
the day and year first written above.
e 4rh. 51;f7X-4)
Haze , M. Krtek
CITY OF NATIONAL CITY
George . Waters, Mayor
Ioye Campbel
, City" Clerk
APPROVED AS TO FORM:
�46 1.�. 4M.L.2*
George H. Eiser III,
City Attorney
ENGINEERING APPROVAL:
aa,,J
John Pachon,
Assistant City Engineer
3
1.111/01T
Stateof California-) ort-_,..
i:i.:rci.i;,.n;-. c wal' Ta4-t1LL -Individual Apknowledg,
Countyhaf-iSem DtegOt'ed -o rocover, as al-, ,kler.i-:- of CCoit.!;
On this- , -day--of , 1988 before me, a Notary
Public, personally appea ed a el M. Krtek proved to me on the
basis of satisfactory evidence to be the person who signed
this insteumen-tand acknowledged to me that she executed it.
JOHNALBARE
_ COUNTY - -
M Cotrim. Exp. Nov. Z 1990
(2L
Notary Public
State of California )
Municipal Corp. Acknowledgment
County of San Diego )--
On this day of , 1988 before me, a Notary
Public, -personally_ appeared George Waters as Mayor and Ione
Campbell as tity. - Clerk proved to me on the basis of
satisfactory evidence to be the persons who signed this
instrument on behalf of the City of National City and
acknowledged to me that the City executed it.
Notary Public
„..
r=
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot "G," Block 8, Lincoln Acres Orchard
Subdivision in the City of National City, according to the
map thereof Map No. 1785, on file in the Office of the
Recorder of the County of San Diego, State of California,
lying westerly of a line parallel with and 42.00 feet
easterly of the following described line:
Beginning at the point of intersection of the centerline of
Euclid Avenue with the centerline of 16th Street, as shown
on said Map No. 8840, thence South 17°43'52" East, 100.01
feet to a tangent curve concave westerly, having a radius of
1400.00 feet; thence southerly along said curve, through a
central angle of 9°23'28", an arc length of 229.47 feet;
thence South 8°20'24" East, 58.88 feet to a tangent curve
concave easterly having a radius of 1400.00 feet; thence
southerly along said curve, through a central angle of
9°33'46", an arc length of 233.66 feet; thence South
17°54'10" East, 42.89 feet to a point on the centerline of
18th Street, as said centerline is shown on the map of
Lincoln Acres Orchard Subdivision, Map No. 1785 on file in
said County Recorder's Office.
Together with that portion of said Lot "G" lying
southwesterly of a curve concave northeasterly, having a
radius of 20.00 feet. Said curve being tangent northerly
with aforementioned parallel line and tangent easterly with
the northerly right-of-way of 18th Street.
The above described parcel contains 1,894 square feet, more
or less.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B."
Assessor's Parcel:
Grantor(s):
Grantee:
Project:
Project Parcel:
BSI Job:
Date:
558-190-06 (portion)
Mrs. Hazel M. Krtek
City of National City
Euclid Avenue Extension
16th to 20th Streets
51-11
1091-0051-55
Revised April 20, 1988
;
r
EXHIBIT " B"
O PELTA/ BEARIMEr RADIUS LEN&TH
I q0' 10" IS" MOO' 31.4&
_MAP 1 %85
I Oc Irk
. Ap.A10.558-Ig0-04
d=9"33'46" R6140o.00'
EUCLID
AP kb.' 33B-Ig0-05
0
M. 13'42'S0"E�
RAP
r
Q
4=40'00 00"
g=2000:
L 31.4Z
4=1'31'00"
R= 158.00.
1s3.832'
L 233 �0e0' N. 4L14 52nw O r V� r
-�� �.I1 rr4• ItIW.
20'
t I
AREA
TO BE ACQUIRED
AVEAJUE
RIGHT OFWAY PARCEL NO. 51-11
A.P. NO.559-1g0-041
AREA OF ACQUISITION IS414 .5.E
I 52
RIGHT OF WAY MAP OF
EUCLID AVENUE
DATE 4--zo-88
OWNER It4Z&L M. KKK
CITY OF NATIONAL CITY
GT
EXHIBIT "C"
LEGAL DESCRIPTION
That portion of Lot "F" of Block 8 of Lincoln Acres Orchard
Subdivision in the City of National City, according to map
thereof No. 1785 recorded on March 5, 1924 in the Office of
the Recorder of San Diego County, State of California, more
particularly described as follows:
Beginning at the Northwesterly corner of said Lot "F"; thence
North 72°05'50" East 32.06 feet to an intersection with the
proposed Easterly Right of Way line of Euclid Avenue, the TRUE
POINT OF BEGINNING; thence continuing North 72°05'50" East
115.44 feet to the Northeast corner of said Lot "F"; thence
South 17°54'10" East 61.18 feet to the Southeast corner of
said Lot "F"; thence South 72°05'50" West 116.20 feet to an
intersection with the Easterly Right of Way line of Euclid
Avenue, distance thereof 31.30 feet from the Southwest corner
of said Lot "F"; thence Westerly and Northerly along said
Euclid Avenue Right of Way, a curve concave to the Northeast
with a radius of 1,358.00 feet; thence Westerly and Northerly
along said curve a distance of 61.82 feet through an angle of
2°36'30" TRUE POINT OF BEGINNING.
The above described parcel contains 7,100 square feet, more or
less.
Assessor's Parcel: 761-106-72 (formerly 558-190-05)
Grantor: City of National City
Grantee: Hazel M. Krtek
Project: Euclid Avenue Extension
Prepared by: City of National City
Date: July 1, 1988
AVE_
itxn Wit
REF.— POR. LOT F OF BLK. 8
IN HAP NO. 1785
A PA ALE 50 r k9079,5
SUBJECT AREA (To BE.
NEW KRTEK LOT)
7,100 SQ. FT. (o.i 630 AC)
AREA OF TAK/146 BY CirY
'OR EUCL/0 AVE.
/, 924 SQ.FT. (0.044z Ac.)
1
tA).7: /25/88
EXHIBIT "E"
LEGAL DESCRIPTION
That portion of Lot "E" of Block 8 of Lincoln Acres Orchard
Subdivision in the City of National City, according to map
thereof No. 1785 recorded on March 5, 1924 in the Office of
the Recorder of San Diego County, State of California, more
particularly described as follows:
Beginning at the northwesterly corner of said lot;
thence along the northwesterly line of said lot North
72°05'50" East 59.93 feet to the True Point of Beginning;
thence continuing along said northwesterly line North
72°05'50" East 87.57 feet to the northeast corner of said lot;
thence South 17°54'10" East 61.18 feet to the southeasterly
corner of said lot;
thence along the southeasterly line of said lot South
72°05'50" West 83.28 feet;
thence leaving said southeasterly line North 56°00'29" West
24.62 feet;
thence North 03°30'29" West 43.00 feet to the True Point of
Beginning.
The above described parcel contains 5,642 square feet, more or
less.
Assessor's Parcel: 558-190-04
Grantor: City of National City
Grantee: Hazel M. Krtek
Project: Euclid Avenue Extension
Prepared by: City of National City
Date: June 23, 1988
Exhibit F
REF. — PoR. LOT E: OF BLK. 8
IN MAP No. t785
LEGAL 510N .58-19o-o4
SUBJECT AREA (To BE 14Ew
K fiTEt 120T)
5, 4-2 SQ. Fr Via. 12'95 Ac.)
AREA OF TAKING BY C/TY
FoR EUCL/o AVE.
3,38/ SQ .FT. (o. 07764c.)
AVE.
w.r 4/23/88
Fidelity National Title
INSURANCE COMPANY
ESCROW INSTRUCTIONS
ESCROW NO: PJ-13218
DATE: JUL 11, 1988 Cash through escrow 18,336.5
ESCROW OFFICER: Patricia Jensen
Total Consideration 18,336.5
On or before 08/10/88, I/We will hand you the sum of $18,336.50,
FOR A TOTAL CONSIDERATION OF $18,336.50
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 with liability of not less than $18,336.50, on the following described
propertyin the County of SAN DIEGO, State of California:
That portion of Lot "E" of Block 8 of LINCOLN ACRES ORCHARD SUBDIVISION, in the City
of National City, according to Map thereof No. 1785, recorded March 5, 1924, in the
Office of the County Recorder of San Diego County, and as fully described in Exhibit
"E" attached hereto and made a part hereof.
Showing title vested in:
Hazel M. Krtek, a widow
FREE FROM ENCUMBRANCES EXCEPT:
1. All taxes for the fiscal year 1988/89, 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.
A) CLOSE OF ESCROW: Parties have entered into an Agreement outside of escrow
that provides for an exchange of parcels as well as the acquisition of this property
and escrow holder is instructed to record the grant deed in this escrow regardless
of axchange escrows #P-13216 and #P-13217 with Fidelity National Title.
OUTSIDE AGREEMENT: Parties acknowledge the execution of "Agreement" outside of
escrow that calls for certain terms and conditons with escrow holder is not to be
concerned, and are set forth on attached Exhibit "B", being a copy of said Agreement.
Subject property being shaded area of Parcel "E" of Exhibit "F" of said Agreement.
This transaction is a result of the Right of Way Extension of Euclid Avenue in the
City of National City and escrow holder is instructed to cooperate with BSI
Consultants Inc., who is acting with and for parties on subject project.
COSTS: Seller here in to pay all escrow and title fees incurred herein and that
there is to be ND Documentary Transfer Tax nor Recording Fees charged, as City of
"rational City is a municipality.
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
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
Fidelity National Title
INSURANCE COMPANY
funds.
ESCROW HOLDER IS INSTRUCTED THAT NO PRORATIONS ARE TO BE MADE.
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 1986, 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 SET FORTH ON THE
ATTACHED PAGE. BY YOUR EXECUTION BELOW, PARTIES HEREIN ACKNOWLEDGE THEY HAVE READ
AND FULLY UNDERSTAND ALL PROVISIONS CONTAINED THEREIN.
SELLERS:
City of National City
A Municipal Corporation
BY:
BUYERS:
Hazel M. Krtek
n. .t • t. S f.^• IyM1f{{pp111:
Fidelity National Title
INSURANCE COMPANY
DATE: July 11, 1988
ESCROW NO: P 13218
ESCROW OFFICER: Patricia Jensen
ESCROW INSTRUCTIONS
(continued)
GENERAL PROVISIONS
1. DEPOSIT OF FUNDS
Insurance Code Section 12413 mandates all area treat be lealtilable as a natter
of right" prior to d busaement DELAYS IN CLOSING will occur d closing funds an
other than bank wee, cashiers check orwi riW apogean drawn oma California bank.
All funds received in this sasorsaas he deposited alb caws escrow funds in a gen-
eral escrow account or accounts of FIDELITY NATIONAL TITLE INSURANCE
=PANZ with any state or national bank, and may be treustened to any other such
eneral escrow wctunt or accounts. Said funds will not earn interest unless oeher-
ise specifically seemed herein. All disbursemerts shall be nude by deck of FIERY
ATONAL TITLE INSURANCE COMPANY.
If for any reason funds are retained or remain in escrow, you are to deduct there-
om a reasonable monthly charge as custodian thereof of not less than $10.00
er month.
L PRORATIONS AND ADJUSTMENTS
All proration and/or adjustments called for in this escrow am b be made on the
basis of Whiny (30) day month unless otherwise instructed in writing. The phrase "dose
of escrow" (COE or CE) as used in this escrow means the date on which documents
are recorded and relates only in proration and/or adjustments mess otherwise specified.
You are to use information contained on last available tax statement, rental statement
as provided by the seller, beneficiary's statement and*. itauarce poides 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
Ybu are authorized b furnish 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
consent bsuch transfer and/or attach a loss payable clause and/or such other endorse-
ments as maybe required, and, forward such policy(s) to the principals entitled thereto.
It is not your responsibility to verity 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 1000MPLY WITH SUCH NOTICE AND DEMAND
PAYMENT OF YOUR CANCELLATION CHARGES. iwriten 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-
kite right at your election bills an action in interpleaderrequirirg the principals to answer
and litigate their several claims and rights among themselves and you are authorized
'',deposit with the clerk of the court all documents and funds held in this escrow. In
event such action is filed, the principals jointly and severally agree to pay your narr-
ation charges and costs, expenses and reasonable attomey's fees which you are
SELLER:
City of National City, a Municipal Corp.
BY
BUYER:
Hazel M. Krtek
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 Ming of such action, you
Wed thereupon be fully released and discharged from all obigalons to further per-
form any duties or obligations otherwise imposed by the terms of this escrow.
8. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within six (6) mouths after the "time limit
date" as set forth in the escrow instruction o 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 went of cancellation of
this escrow, whether it be at the request of any of the principals or otherwise, the fees
and charges due FIDELITY 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 instruction other than cancellation instructions, you
we no longer obligated b 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 480.3 of Revenue and Taxation code of the State of California
prior Jobe 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 to County in which subject property is located, upon recording of the Grant
Deed, Buyers acknowledge that the applicablefee will be assessed by said county
and Escrow Holder shall debits accountof Buyer for same at dose of escrow Further,
Buyers acknowledge that this tack of submission may impact certain provisions under
the Owners Policy of Title 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° comply with such requirements and agree to hold you
harmless relative to their compliance therewith.
13. ENCUMBRANCES
You 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 properly, 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 o 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
PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE
GENERAL PROVISIONS.
FEGP (1) (Rev. 7-87)
rr
AGREEMENT
THIS AGREEMENT is made this ..forg day of ,ttvoop,4f , 1988.
between the City of National City, a muniC1pal corporation
("City") and Hazel M. Krtek, widow of Robert B. Krtek, ("Mrs.
Krtek") for the exchange and sale of real property between the
parties,
NOW, THEREFORE, it is agreed as follows:
1. Mrs. Krtek agrees to convey to City the real property
located at the intersection of 18th Avenue and Orange
Street as described and shown in the attached Exhibits A
and B.
2. City agrees to convey to Mrs. Krtek all that land lying
easterly of the proposed Euclid Avenue of the adjoining
properties currently identified as San Diego County
Assessor's Parcel 760-106-72 and 558-106-04, as described
and shown on the attached Exhibits C. D, E and F. (Note:
Assessor's Parcel 760-106-72 is also known as Assessor's
Parcel 558-106-05).
3. Mrs. Krtek agrees to pay the following costs for
modifications to her existing building and to the
adjoining properties:
a. Installation of a door in the north wall of the
building.
b. Cost to grade and pave new parking areas to replace
parking area to be removed for the proposed street
improvements.
c. Installation of area lights for the proposed parking
areas, including costs of electrical wiring.
d. All other costs to make the properties usable to the
satisfaction of Mrs. Krtek.
All construction by Mrs. Krtek shall be subject to City
approval through applicable City permit procedures.
4. Mrs. Krtek agrees to pay City $ 18,336.50 for the portion
of Parcel 558-190-04 to be conveyed by City (5,642 square
feet times $ 3.25 per square foot). Mrs. Krtek agrees to
deposit the consideration into escrow upon written notice
from City or escrow agent.
5. City shall pay all escrow fees and other fees in
accordance with City's Acquisition Policies and
Procedures brochure.
1
r=
6. City agrees to do the following as a part of the Euclid
Avenue project:
a. Remove the existing concrete block trash dumpster
enclosure.
b. Construct a 24 ft. wide concrete driveway for
Parcel 760-106-72 at Engineering Station 15+51 per
approved construction plans.
c. Relocate gas and water meters for the existing
building.
d. Reimburse Mrs. Krtek $ 1,550.00 for a new concrete
block trash dumpster enclosure. City shall
reimburse Mrs. Krtek after the new enclosure is
inspected and approved by City.
e. Extend sewer and water "stub outs" to the new
easterly line of proposed Euclid Avenue at
approximate Engineering Station 15+44 for future use
at Parcel 760-106-72.
7. Nothing in this Agreement shall be a waiver by City of
any permit or application process for any work described
in this Agreement.
8. City waives all costs, charges, assessments or other fees
for street improvements to be constructed specifically
for the Euclid Avenue project. Nothing in this
Agreement, however, shall be a waiver of any future
assessments which may be applied for public improvement
projects.
9. The terms of this Agreement shall bind the heirs,
executors, administrators, assigns and successors of the
parties.
10. If any provision or portion of this Agreement is held
unenforceable or invalid by any court of competent
jurisdiction. the enforceability and validity of the
remaining provisions and portions shall not be affected.
11. This Agreement is the entire agreement between the
parties and all prior negotiations, representations and
agreements are merged into, this Agreement.
12. This Agreement is executed in National City, San Diego
County, California in accordance with the laws of the
State of California.
13. If a suit is brought to enforce or interpret this
Agreement or any portion of it, the prevailing party
shall be entitled to recover, as an element of costs of
suit, reasonable attorney's fees whether or not the suit
proceeds to final judgment.
IN WITNESS HEREOF, the parties have executed this Agreement
the day and year first written above.
Krtek
CITY OF NATIONAL CITY
Georg�aters, Mayor
Io,Ffe Campbell, Citlerk
APPROVED AS TO FORM:
George H. Eiser III,
City Attorney
ENGINEERING APPROVAL:
ohn Pachon,
Assistant City Engineer
3
ss;
State of California )
County of San Diego )
On this Bit. day of , 1988 before me, a Notary
Public, personally appeared Hazel M. Krtek proved to me on the
basis of satisfactory evidence to be the person who signed
this instrument and acknowledged to me that she executed it.
Individual Acknowledgment
Notary Public
State of California )
ss. Municipal Corp. Acknowledgment
County of San Diego )
On this_ day of , 1988 before me, a Notary
Public, personally appeared George Waters as Mayor and Ione
Campbell as City Clerk proved to me on the basis of
satisfactory evidence to be the persons who signed this
instrument on behalf of the City of National City and
acknowledged to me that the City executed it.
Notary Public
4
rr
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot "G," Block 8, Lincoln Acres Orchard
Subdivision in the City of National City, according to the
map thereof Map No. 1785, on file in the Office of the
Recorder of the County of San Diego, State of California,
lying westerly of a line parallel with and 42.00 feet
easterly of the following described line:
Beginning at the point of intersection of the centerline of
Euclid Avenue with the centerline of 16th Street, as shown
on said Map No. 8840, thence South 17°43'52" East, 100.01
feet to a tangent curve concave westerly, having a radius of
1400.00 feet; thence southerly along said curve, through a
central angle of 9°23'28", an arc length of 229.47 feet;
thence South 8°20'24" East, 58.88 feet to a tangent curve
concave easterly having a radius of 1400.00 feet; thence
southerly along said curve, through a central angle of
9°33'46", an arc length of 233.66 feet; thence South
17°54'l0" East, 42.89 feet to a point on the centerline of
18th Street, as said centerline is shown on the map of
Lincoln Acres Orchard Subdivision, Map No. 1785 on file in
said County Recorder's Office.
Together with that portion of said Lot "G" lying
southwesterly of a curve concave northeasterly, having a
radius of 20.00 feet. Said curve being tangent northerly
with aforementioned parallel line and tangent easterly with
the northerly right-of-way of 18th Street.
The above described parcel contains 1,894 square feet, more
or less.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B."
Assessor's Parcel:
Grantor(s):
Grantee:
Project:
Project Parcel:
BSI Job:
Date:
558-190-06 (portion)
Mrs. Hazel M. Krtek
City of National City
Euclid Avenue Extension
16th to 20th Streets
51-11
1091-0051-55
Revised April 20, 1988
EXHIBIT " B"
O DELTA/ $EARIMEr RA DM_ LENGTH
1 90° ID" fa" 20.00' 31.481
i it AP - J 18 5
DI OC 1r\ 8
,
in
9
c
L31.42
M.'13°42'50"E. A=1°3'1'00"
FAD12=i S.po,
rl%38.32'
51-I1 $ M."• '•z i-
A=4°33'44" 1?-•1400.00'
ECUCL ID
AVENUE
RIGHT OFWAY PARCEL NO 51-I1
A.P. NO.5a8-190-041
AREA OF ACQUISITION I8g4 5•E
N.17'4-V52" W.
L=233.Gro' 41t4' M.rl4 4 tb'w. 85
4289' ti
20'�
AREA
TO BE ACQUIRED
RIGHT OF WAY MAP OF
EUCLID AVENUE
DATE 4-Zo-88
OWNER RAZ6L M. KOK
CITY OF NATIONAL CITY
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EXHIBIT "C"
LEGAL DESCRIPTION
That portion of Lot "F" of Block 8 of Lincoln Acres Orchard
Subdivision in the City of National City, according to map
thereof No. 1785 recorded on March 5, 1924 in the Office of
the Recorder of San Diego County, State of California, more
particularly described as follows:
Beginning at the Northwesterly corner of said Lot "F"; thence
North 72°05'50" East 32.06 feet to an intersection with the
proposed Easterly Right of Way line of Euclid Avenue, the TRUE
POINT OF BEGINNING; thence continuing North 72°05'50" East
115.44 feet to the Northeast corner of said Lot "F"; thence
South 17°54'10" East 61.18 feet to the Southeast corner of
said Lot "F"; thence South 72°05'50" West 116.20 feet to an
intersection with the Easterly Right of Way line of Euclid
Avenue, distance thereof 31.30 feet from the Southwest corner
of said Lot "F"; thence Westerly and Northerly along said
Euclid Avenue Right of Way, a curve concave to the Northeast
with a :radius of 1,358.00 feet; thence Westerly and Northerly
along said curve a distance of 61.82 feet through an angle of
2°36'30" TRUE POINT OF BEGINNING.
The above described parcel contains 7,100 square feet, more or
less.
Assessor's Parcel: 761-106-72 (formerly 558-190-05)
Grantor: City of National City
Grantee: Hazel M. Krtek
Project: Euclid Avenue Extension
Prepared by: City of National City
Date: July 1, 1988
GT
Exhibit D
REF.— PoR. LOT- F of BLK. 8
IN MAP NO. 1785
AP 558-19o-05
S/7:S4 io"E
SUBJECT AREA (To BE.
NEW . KRTEK LOT)
7,100 Sa. FT (0.1630AC)
AREA. OF TAKIW6 8Y c/7V
FOR EvcLio AvE.
/, 9�4 SQ.FT. (0.o442Ac.)
•
w.7: 6/23/88
rT
EXHIBIT "E"
LEGAL DESCRIPTION
That portion of Lot "E" of Block 8 of Lincoln Acres Orchard
Subdivision in the City of National City, according to map
thereof No. 1785 recorded on March 5, 1924 in the Office of
the Recorder of San Diego County, State of California, more
particularly described as follows:
Beginning at the northwesterly corner of said lot;
thence along the northwesterly line of said lot North
72°05'50" East 59.93 feet to the True Point of Beginning;
thence continuing along said northwesterly line North
72°05'50" East 87.57 feet to the northeast corner of said lot;
thence South 17°54'10" East 61.18 feet to the southeasterly
corner of said lot;
thence along the southeasterly line of said lot South
72°05'50" West 83.28 feet;
thence leaving said southeasterly line North 56°00'29" West
24.62 feet;
thence North 03°30'29" West 43.00 feet to the True Point of
Beginning.
The above described parcel contains 5,642 square feet, more or
less.
Assessor's Parcel: 558-190-04
Grantor: City of National City
Grantee: Hazel M. Krtek
Project: Euclid Avenue Extension
Prepared by: City of National City
Date: June 23, 1988
r7
;nay aor:1on c
thence e
tnnc= chn i ny-
72°C5'5C1 East
thence
zzrner
Exhibit F
REF. - POR. LOT E OF BI.K, 8
IN MAP NO. 1785
APH 558-19o-o4
$ /7.54' /O aE
SUBJECT AREA (To BE NEW
CPTEKLLQT)
£ 42 SQ. Fr: (o. / Z55 AC.)
AREA of TAKING BY C/TY
Poi? EUCLID AVE.
3,38/ SR .FT. (o. 07764c.)
AVE.
w.r. 6/23/e8