HomeMy WebLinkAboutCC RESO 15,714RESOLUTION NO. 15,714
RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY TO ENTER INTO AN ESCROW FOR THE SALE OF CITY
LAND (A.P.N. 558-091-11) UNION LAND TITLE
ESCROW NO. 1-5496
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to execute an
amendment and/or supplement to a disposal escrow, Escrow No.
1-5496 for the sale of city owned property located at the
southeast corner of Plaza Boulevard and Euclid Avenue,
National City, to Steven C. Kerch and NC Ltd.
PASSED and ADOPTED this 23rd day of August, 1988.
ATTEST:
/(CIE CAMPBELL, CI '1 Y CLERK
APPROVED AS TO FORM:
GEO�RGE 4- Y
H WATRS, MAYOR R
GEORG H. EISER, III -CITY ATTORNEY
siciv
UNION LAND TITLE COMPANY
444 WEST BEECH STREET • SAN DIEGO, CALIFORNIA 92101 • TELEPHONE (619) 233-1400
AMENDMENT AND/OR SUPPLEMENT TO
ESCROW INSTRUCTIONS
Escrow No.: 1-5496
Re: A.P.N. 558-091-11
VACANT LAND
s
Date: July 28, 1988
TO: UNION LAND TITLE COMPANY
444 Vest Beech Street
San Diego, CA 92101
My previous instructions in the above numbered escrow are hereby amended and/or
supplemented in the following particulars only:
I have paid seller outside escrow $11,000.00
I will hand you additional cash prior to close of escrow $11,925.00
TOTAL CONSIDERATION $22,925.00
Escrow holder is hereby authorized and instructed to record a Covenant Running
With The Land for certain drainage improvements along Paradise Creek and
provide seller with a certified copy of said document at time of recording.
The buyers vesting is amended to: STEPHEN C. KERCH, a married man as to an
undivided one third interest and NC Ltd., a California limited partnership as
to an undivided two thirds interest
The correct legal description is attached hereto and referred to as EXHIBIT
„A:,
All other terms and conditions to remain unchanged.
Stephen C. Kerch
NC Ltd., a California Limited Partnership
BY KRD DEVELOPING RESOURCES, INC.,
a California Corporation
By:
Stephen Kerch, Preside:kt
CITY OF NATIONAL CITY
BY: GENE`
GEORGE W ERS, MAYOR
BY:
IONyyCAMPBEL, CITY CLE
EXffiBIT "A"
Portion of the North are -half of the Northeast one -quarter of the Northwest
me -quarter of the Southwest me -quarter of Quarter Section 106, Rancho de
la Nacion, in the City of rational City,0ounty of San Diego, State of
California, according to Map thereof No. 166, by Morrill, filed in the
office of the Dainty Recorder of San Diego County, May 11, 1869, described
as follows:
Beginning at the Northwest corner of the aforesaid Southwest one -quarter of
said Quarter Section 106; thence North 72°05'15" Fast along the n rtherly
line of said Southwest one -quarter 388.6 feet, more or less, to the
Easterly line of Euclid Avenue "The True Point of Beginning"; thence
leaving said Northerly line Southerly along the said Easterly line of said
Euclid Avenue the following courses and distances: South 22°29'32" East, a
distance of 96.94 feet, North 60°41'43" Fast, a distance of 9.87 feet, and
South 29° 57'20" East to an intersection with the Southerly line of
aforesaid North one-half; thence(Easterly along said Southerly line to an
intersection with the Easterly line of said North one-half; thence
Northerly along said Easterly line to an intersection with the aforesaid
Northerly line of aforesaid Southwest one -quarter of aforesaid Quarter
Section 106; thence Southwesterly along said Northerly line to the "True
Point of Beginning".
EXCEPTING THEREFROM an easement for drainage purposes described as follows:
•The Southerly 30.00 feet of the Northerly 55.00 feet thereof.
And also EXCEPTING THEREFROM a 20 foot easement for drainage purposes the
centerline described as follows:
Beginning at a point on the Southerly line of said North one-half-, distant
thereon S72°04'45"W 1.00 foot from the Southeast corner thereof; thence N39°
51'08"W 118.58 feet to the Southerly line of the Northerly 55.00feet of
said North one-half
Said easement being 20 feet in width., 10 feet either side of aforesaid
centerline, the said easement exterior lines being lengthened or shortened
to begin in the Southerly line of the 55 feet of aforesaid North one-half
and end in the Easterline of swill North one-half.
NAT 7. CITY ENOR DEPT. No. 65 Og
J P. BY li►.). %. DATE 8 /8
OM J. 7 DATE 8/88 CKD DATE
r
R
ESCROW INSTUCTIONS T
UNION LAND TITLE COMPANY
ESCROW DIVISION
444 W. Beech Street
San Diego, Ca. 92101
619 233-1400
Escrow a
411
1-5496
Escrow Officer
Date
Joyce Nardi
November 4. 1986
MEMO
Cash throuah psr•row
22,925.00
Total Consideration 22- 925.00
We will hand you a. draft in the amount of $11,000.00 to be held in escrow and
exchanged for cash prior to close of escrow. Prior to close of escrow we will
3. hand you an additional $11,925.00 plus closing costs,
I.
J.
11.
12.
13.
14.
15. and any additional funds and instruments required from me to enable you to comply with these instructions, which you me to use
1$. on or before Aoril 28. 19 96 _ and when you can procure a Standard Coverage Form Policy of
17. Title Insurance from Union Land Title Company containing their standard exceptions, and provisions, with liability
18. not exceeding ti?2 , 925.00 Donal property in the County of San Diego State of California, viz
19. The North 1/2 of the NE 1/4 of the NW 1/4 of the SW 1/4 of Quarter Section 106, Rancho de
20. la Nacion, in the City of National City, County of San Diego, State of California,
21. according to Map thereof No. 166, by Morrell, filed in the Recorder's Office of said County,
22. May 11, 1869; EXCEPTING therefrom the Euclid Avenue Right of Way.
23.
24. of the Recorder of said County showing title vested in
25.
K.R.D. DEVELOPING RESOURCES, INC., a California corporation
25.
Free of encumbrances except:
��. (1) General and Special Taxes and Special District levies not due or delinquent. Curtent 1986-1987 fiscal year **IF ANY
. (2) Covenants, conditions, reservations (including exceptions of oil, gas, minerals, and hydrocarbons, andfor lease without right of sur-
32 face entry), restrictions; rights of way and easements for public utilities, districts, water companies, alleys and streets.
3 **including the lien of supplemental taxes, if any, assessed pursuant to the
22. provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
33. Taxation Code of the State of California.
34.
35 INSTRUCTIONS:
36. 1. This escrow is to close within six (6) months from October 28, 1986 upon City of
37• National City approving Development Plan.
3a
3. 2. Buyer herein to pay a maximum of $22,925.00.
40.
a1.
42.
43.
The within Instrument is a full, true
51. and correct copy of the original..
52.
UNION gyp 71iLE CO. -Escrow D►V.
.s.
55.
S.
57.
St
St
so.
e1.
e2.
$3.
a4.
IS.
e7.
By=
lover)
• Make proration on basis 30-day month. ''Close of escrow." shall mean the day papers are filed for record. Make disbursements by your check. Mail fire
land iability; ohmvise to the holder of first
priorencumbrance, encumb encumbrance rf recordedMail
concurrreently with documentslder of rhereing n but if therrance, provided
is no such encumbrance, there is to be a substitution
the
buyer. Other documents and checks in my favor to be mailed to my address below. If title policy is to be obtained, pro ure itfofrom
r m any title company operating
an county where property is located, subject to exceptions and conditions contained in said company'sregular
I agree to pay on demand for recording deed, mortgage clause on insurance, filling in Trust Deed, filling in. notarizing and recording any other
Grantor agrees to clear property being conveyed, before delinquency, of any tax on property
documents necessary on my part, and buyer's escrow fee as charged. snot included herein. You are not to be concerned with same.
e.
er
You shall be under no obligation or liability for failure to inform me regardingrany o any present your ccmplanor with
these instructions. or
facts
aor shall within your
be
liabfor the even though ofsame
co concern the oproperty annex edof herein. provided
liableperson executing the same. Yorurrlliab liability as escrowholder shall bet confined to the thing. specifically deposited.
for in my written instructions in this es•rowany
.
Should you before or after close of escrow receive or become aw are of any conflicting demands or claims with respect to this escrow or the rights of any of
-ranks
hereto,
tot any or property
deposited herein
hereby you
the
rft to apart
ehconflicisresod toyoursatsacton, and you shall hay the furherightto commenceordeend any discontinue
or proceedings for the determination of
,_-n conflict. The parties hereto jointly and severally agree to pay all costs. damage.. judgments and expenses, including reasonable attorneys' fees, suffered
or incurred by brought by you. In the event you file a suit in interpleaderout of hyou shall i including,is escrow . pso facto be fully released and dischthe arged from all obligationslity of the further to performany
and all duties or obligations imposed upon you in this escrow.
Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of policies of title insurance. is authorized, andin
connection any dulylorganized bank, trust company orbuildingved in this and loannwmaycompbe
y, for the purpose of : mph ng ed with title
w with the termns s andcodi ions titleinsurance.
this escrow.
w iert otherwise provided herein you are authorized to deposit all funds deposited herein in a Trust Account in your name in a chartered bank of your selec-
.., subject to your order. of
You are authorized and directed to make such payments made or the of record
thel ansebenr placed
and recordproper inthis escrow as djuanrcm made aethis lender demands. or as
w.
necessary to complete this escrow, said payments
The undersigned buyers and sellers acknowledge receipt of a copy of these instructions.
K.R.D. DEVELOPING RESOURC)9, INC., a California corporation
�. d
Buyer's Signature •-- - --
.ponyy . ce President George have /Treasurer
Ciey a zoo.
Telephone 566-0571
�{ien C. arc , P• resident
7060 Mira Mar Road, Suite 206, San Diego, Ca. 92121
SELLER
•- (page two)
TIES. In tM event that any party to less
Ilan agreer,ant alien notbecomea • binding escrowUNTIL YOU HOLD TMIs AGREEMENT EXECUTED so by tviY ALyou L THE written nonce N htslie event that
and demanding
perry
to
is
turn of fu desires to withdrew PRIOR toSI the *nth
yonby him U orMeceipt by aparties. homayrtdo return ail funds and/or documents totes ponies from whom said
.wagon affunds and%ordocumentsde"' .ad wnh you by
_rhinos ardor documents were received. and You smell be under no obligation to perform any or all acts contemplated by the Wares under the terms of Mrs
agreement In the event of C$MellatiOn.we tantty and severally agree tO Pay Your CaMxttation fees as chargedfriths event a controversy arises between buyer and
eNNr herein. and tins transaetio a not Cancelled or Conturnmated
n so monthtime s f rom theoopening
eaty . resolved. oossrwae so speCAied. escrow, holder. at ha optionservicemay deduct horn money on deposit a service charge each month until
Suctithe conditions of this escrow have not been complied with prior to the date set out on line 1L or any extension thereof, you are nevertheless
. to complete the escrow as soon as the conditions' except as to time, have been complied with, unless written demand shall have been made
▪ upon you not to complete it
. Documentary Transfer Tax. if applicableto by Seller.
n
• The following proratioare required this fax future payment of taxes. insurance, etc., or Mortgage
escrow
Utt ost on Mortgages and/or Trust Deeds of record and any funds shown impounded
In nix premium paid F.H.A. during past 12 months. based on Benefieiariys statement to n/a
n/a
i. Interest on new encumbrances by endorsements on notes to not conveyed through this escrow to
. Taxes. including all items appearing on tax bills except taxes on poisons, property
I....0,0se of escrow if any based on latest gate information as furnished 10
I.. P Is on basis of statement furnished by seller, to
nia
I. a w are toconsider on basis of said rent statement that seller; collect is which fall due prior t the close of this escrow, unless he
I. k Is you In writing to the contrary. Also, cleaningndeposits money, if any
nia
If assumed.
t. f urn on existing Fie Insurance Policies to
ia
I p use as per lenders requirements and pay from buyer a funds ... Buyers have option to obtain new fire insurance to meet lender's
I. requirements and deposit necessary funds to cover premium or furnish paid receipt. If new policy obtained. cancel existing policy and have
5. unused premium returned to seller pLa
5. situated on premises known as Vacant land A.P.N. 558-091-11
7. You may assume that premiums on said policies have been paid and that the policies have not been h/Y aothecated.
B. Homeowner's Association Dues to n/a Park and CommunityCenter Dues to
9.
0.
1.
y
7c
November 4, 19 86
91 IEREBY APPROVE AND AGREE TO BE BOUND BY THE FOREGOING INSTRUCTIONS AND PROVISIONS. PRIOR TO the date set
93 t on line 16hereirt, I will hand you all instruments and money necessary for me to comply therewith, including a deed of the property
94 scribed executed by City of National City
91
9f rich you are authorized to deliver provided you hold in this escrow for the account of the parties executing said deed the money and
97. .istruments deliverable to me under these instructions. When property being conveyed is held in Joint Tenancy any cash derived
98. therefrom in this escrow snail be Joint Tie :enc./ funds. Pay any encumbrances necessary to olace title in the condition called forwthout
99. further written .'.pproval from seller.
It' ' ,'ay commission as per separate instruction.
tt).
102.
103.
105. You will, as my agent, assign any fire and other insurance of mine handed you or that Beneficiaries inform you they hold. 104.
106. I agree to pay on demand charges and expenses incurred by you for me, including charges for title assurance, for sending in offset
107. statements and beneficiaries' statements and/or demands, filling in, notarizing, and recording any documents necessary on my part.
108. and seller's escrow fee as charged .
C TY OFf NATIONAL CITY Ley,
Wets Signature' fJ fL l.JVJtew.r Sewers Signature
By -r2-
7i h�,j ( .lam. , City i zene
(I(ione Campbell, City Clerk) 17G..3 i7 304
Serer Address
III 410 GENERAL INSTRUCTIONS 111,
It is mutually understood and agreed to by all the parties of this escrow, jointly and severally, that:
i All pro -rations and adjustments to be effected on a 30-day basis, and close of escrow is the day designated by the recordation
qrd/or registration of the DATE OF FILING DEED.
L
All disbursements of funds and/or instruments of this escrow shall be mailed, unregistered, to the designated party in accord -
with subject escrow instructions, address of whom is incorporated herein.
tsce
} You shall make no physical examination and/or representation of the real and/or personal property described in any docu-
pent deposited in said escrow, but said property shall be accepted unconditionally in its present condition by herein buyer.
posit all funds in connection with this transaction in an 'Escrow Fund Account" with any local bank. All disbursements
bL made by check of your company on said account and employees will not identify any payee or guarantee (his) (her) signature
any bank. Mail fire and other insurance policies to holder of first encumbrance, if any.
ail tide policy to holder of new encumbrances recorded concurrently herewith, if any.
u shall be under no obligation or liability for failure to inform parties hereto regarding sale, loan, exchange or other transac-
ilin facts within your knowledge, even though same concern the property described herein, provided they do not prevent your
sot nice with these instructions, nor shall you be liable for the sufficiency or correctness as to form, manner of execution, or validity
of a..y instrument deposited, nor as to identity, authority, or rights of any person executing the same.
Notice is hereby given that stockholders of this company are California Real Estate licensees.
Your company is not held responsible for any personal property tax which may be assessed against any former owner of the
above described property, nor for the corporation or license tax of any corporation as a former owner.
All of the provisions, instructions and conditions mentioned herein shall govern, without reservation, any amended and/or sup-
plemental instructions furnished this escrow. All such amended and 'or supplemental instructions must be in writing and deposited
with your company.
• Your company is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and
other material pertaining to this escrow at the expiration of five years from the date of these instructions, regardless of the date of
any subsequent amendments hereto, additional or supplemental instructions or date of close of escrow without liability and without
further notice to us.
The seller/owner guarantees that the premium on any insurance policy which he hands you or causes to be handed you in this
escr has been paid in full and that said policy has not been hypothecated.
Time is of the essence; if conditions of this escrow have not been complied with at the expiration of time provided for herein you
are instructed to complete the same at the earliest possible date thereafter, unless we or either of us have made written demand upon
you for the return of the money and/or instruments deposited by either of us, in which case you may withhold and stop all further
proceedings in this escrow without liability for interest on funds held or for damages until receipt of mutual cancellation instructions
by all parties shall have been deposited in this escrow, whereupon you arc then instructed to disburse the escrowed funds and In-
ttruments accordingly, less your proper charges, or you may return all instruments and/or funds less your proper charges to the
respective parties hereto and this escrow will without further notice be considered terminated. Unless notified In writing to the con-
trary, you are authorized to furnish copies of all instructions, documents and/or closing statements to Brokers herein.
We, jointly and severally, agree that in the event of cancellation we shall pay you a sum sufficie t to pay you for any expenses
which you have incurred pursuant to these instructions and a reasonable cancellation fee for services rendered by you, said expenses
and fees to be put in escrow before cancellation is effective. We further agree that said charges may be apportioned to us in a manner
which you consider equitable and that your decision in that regard will be binding and conclusive upon us.
conflicting demands are made or notice served upon you or legal action is taken in connection with this escrow you shall not
be fired to determine the same or take any action in the premises, but may withhold and stop all further proceedings without lia-
bilf erefor, or you may file suit in intcrpleader or for declaratory relief. If you are required to respond to any legal summors or
pre ngs or if any action of interpleader or declaratory relief is brought by you, we jointly and severally agree to pay all costs,
ex; s and reasonable attorney's fees expended or incurred by you, and a lien is hereby created in your company's favor to cover
iait .cos. We agree to save you harmless as escrow holder hereunder from all loss and expense, including reasonable attomey's fees
and court costs sustained by reason of any action, legal or otherwise, which may in any way arise out of this escrow, before or after
closing, not withstanding anything in these instructions to the contrary.
au are further authorized and instructed to remit all the funds by your check to the party(ies) depositing same in this escrow
d this escrow is not consummated, unless specifically instructed to the contrary.
In the event it may be necessary or proper for
ands or documents, or both, with any bank, trust
tssocietion, industrial loan company, credit union,
rig this escrow and such deposit shall be deemed
the consummation of this escrow, you are authorized to deposit or have deposited
company, title insurance company, savings and loan association,building and loan
admitted insurer, or licensed escrow agent, subject to your order pursuant to clos-
e deposit in accordance with the meaning of these instructions.
My signature on all instruments and instructions pertaining to this escrow indicates my unconditional acceptance and approval
if same. These instructions may be executed in counterparts, all of which when taken together, shall be deemed to be the instrument.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
P
NAME
STREET
ADDRESS
CITY &
STATEI
MAIL TAX STATEMENTS TO
C. tr r5- 7/
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AFFIX I.R.S. $S IN THIS SPACE
Corporation Quitclaim Deed
L-12 THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
A.P.N. No. 558-091-11
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of National City
do es hereby remise, release and forever quitclaim to
K.R.D. Developing Resources, Inc., a California Corporation
the following described real property in the City of National City county of San DIego
state of California:
PORTION OF THE NORTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF THE NORTHWEST
ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF QUARTER SECTION 106, RANCHO DE LA
NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, BY MORRILL, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, AS MORE FULLY DESCRIBED ON THE
ATTACHED EXHIBIT "A".
Dated
STATE OF CALIFORNIA,
COUN Y OF - AK c -t
s �- �Ca t l
y3, t96S"
o
I before me, the under-
signed, a Notary Public in omit for said my and State,, personally
appeared Ore 1 {Qr`-`
known to,I�ato be the__.ca:...,.t, and_-_.--_.
L (iM Ir'
, known to me to
Tone tpbe
Ck of the corporation that executed the
within Instrument and known to me to be the persons who executed
the within Instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or esolution of its board of
directors.
( 41COUNTS
JOHN A. BARE
SAN DIEGO COTS
rYotary Yunlfc inanal for Sala l,Outit` and State
be
CITY OF NATIONAL CITY
BY:
*GEORGE614. WATERS, MAYOR
Title Order No
Escrow or Loan No
L-I2 (G.S.) Rev. 6-62 (8 pt.)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
Portion of the North one. -half of the Northeast one -quarter of the Northwest
one-gluarter of the Southwest one -quarter of Quarter Section 106, Rancho de
la Nacicn, in the City of National City,County of San Diego, State of
California, according to trap thereof No. 166, by Morrill, filed in the
office of the County Reoor+der of San Diego County, May 11, 1869, described
as follows:
Beginning at the Northwest corner of the aforesaid Southwest one -quarter of
said Quarter Section 106; thence North 72°05'15" East along the northerly
line of said Southwest one -quarter 388.6 feet, more or less, to the
Easterly line of Euclid Avenue, "The Tnue Point of Beginning"; thence
leaving said Northerly line Southerly along the said Easterly line of said
Euclid Avenue the following courses and distances- South 22°29'32" East, a
distance of 96.94 feet, North 60°41'43" East, a distance of 9.87 feet, and
South 29° 57'20" East to an intersection with the Southerly line of
aforesaid North one-half; thence(Easterly along said Southerly line to an
intersection with the Easterly line of said North one-half; thence
Northerly along said Easterly line to an intersection with the aforesaid
Northerly line of aforesaid Southwest one -quarter of aforesaid Quarter
Section 106; thence Southwesterly along said Northerly line to the "True
Point of Beginning".
EXCEPTING THEREFROM an easement for drainage purposes described as follows:
The Southerly 30.00 feet of the Northerly 55.00 feet thereof.
And also EXCEPTING THEREFROM a 20 foot easement for drainage purposes the
centerline described as follows:
Beginning at a point on the Southerly line of said North one-half-, distant
thereon S72°04'45"W 1.00 foot from the Southeast corner thereof; thence N39°
51'08"W 118.58 feet to the Southerly line of the Northerly 55.00feet of
said North one-half.
Said easement being 20 feet in width, 10 feet either side of aforesaid
centerline, the said easement exterior lines being lengthened or shortened
to begin in the Southerly line of the 55 feet of aforesaid North one-half
and end in the Easterline of said North one-half.
NAT'L CITY ENGR. DEPT. Na 65 OS
REF. BY W.7 DATE 8/68
CKD .J. }P. DATE 8%BS CKD DATE