HomeMy WebLinkAbout1988 CC RESO 15,728RESOLUTION NO. 15,728
RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF
REAL PROPERTY AT 1921 ORANGE STREET
(ROBERT L. AND HERMINIA C. NUESE)
(FIDELITY NATIONAL TITLE ESCROW NO. 9867)
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is authorized to enter into an
escrow for the acquisition of real property at 1921 Orange
Street, National City, (Escrow No. JB-9867), a copy of which
is attached hereto as Exhibit A.
PASSED and ADOPTED this 6th day of September, 1988.
A,t-cia i1 /�
G ORGE WATERS, MAYOR
ATTEST:
C
IONS CAMPBELL, CITY CLERK
APPROVED AS TO FORM:
GEOR H. EISER, III -CITY ATTORNEY
Fidelity National Title
INSURANCE COMPANY
ESCROW NO: JB-9867
DATE: DEC 04, 1987
ESCROW OFFICER: JEWELL IDOLE
ESCROW INSTRUCTIONS
Cash through escrow 10,299.00
Total Consideration 10,299.00
On or before 01/18/88, I/We will hand you the sum of $10,299.00, $0.00 of which I
have handed escrow holder;
FOR A TOTAL CONSIDERATION OF $10,299.00
AND I will hand you any additional funds and instruments required from me to enable
you to comply with these instructions, which you are instructed to use when you are
able to procure a Standard Form Policy of Title Insurance from FIDELITY NATIONAL
TITLE INS. with liability of not less than $10,299.00, on the following described
propertyin the County of SAN DIEGO, State of California:
That portion of Lots 16 and 17, Block 6, Home Crest "A", in the City of National
City, according to the Map thereof, Map No. 1140, filed in the Office of the Recorder
of the County of San Diego, State of California, more particularly described on the
addendum attached hereto marked EXHIBIT "A".
SELLER REPRESENTS ADDRESS TO BE:
1921 Orange Street
National City, CA 92050
Showing title vested in:
City of National City, a Municipal Corporation
FREE FROM ENCUMBRANCES EXCEPT:
1. Second half for the fiscal year 1987/88, including levies for any district
such as, but not limited to, drainage, irrigation,road improvements, fire protection,
etc., and any supplemental taxes assessed pursuant to the provisions of the statutes
of 1983, the State of California. Parties acknowledge you make NO REPORT of personal
property taxes.
2. BONDS AND ASSESSMENTS with no delinquent payments.
3. COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, RIGHTS, AND RIGHTS
OF WAY OF RECORD, INCLUDING SO CALLED ZONING ORDINANCES, if any.
CONSUMMATION of this escrow is CONTINGENT UPON THE FOLLOWING:
..A) Buyer's approval of the Preliminary Title Report within 5 days of receipt of same.
In the event of no written disapproval deposited into escrow within said time limit,
IT WILL BE DEEMED APPROVED, and release of this contingency.
B) The City Council's approval of this transaction. Said approval shall be evidenced
by buyer's execution of the Certificate of Acceptance.
Notwithstanding printed matter to the contrary, The City of National City agrees to
pay the following: Escrow fees, title insurance premium, recording fees, transfer
taxes and other closing cost incidental to conveying title to the City; Document
preparation fees; Penalty cost and other additional charges as applicable of any
prepayment of any pre- existing recorded mortgage entered into in good faith
encumbering the property; and prorated portion of real property taxes which are
allocable to the period subsequent to the date of transfer of title to the City.
You are authorized to pav 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.
KEEP THIS COPY
EXHIBIT "A"
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
Buyer acknowledges deposit of Closing Funds to be in the form of Guaranteed Funds,
unless other arangements are made prior to closing for CASH deposits, or transfer of
funds.
THE FOLLOWING PROBATIONS AND ADJUSTMENTS ARE REQUIRED AS OF close of escrow
ALL PRORATIONS AND ADJUSTMENTS ARE TO BE AFFECTED ON A 30-DAY BASIS AND CLOSE OF
ESCROW IS THE DAY DESIGITATED BY THE RECORDATION AND/OR REGISTRATION OF THE DATE OF
FILING DEED.
TAXES on real property ONLY, based on the amount of the last Tax Bill,as provided to
you by title insurer, without liability as to correctness. (In the event a new tax
bill is issued by the Tax Collector after close of escrow, in an amount different
than prorated, the difference, if any, will be adjusted by the parties outside of
escrow).
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.
Seller hereby agrees to pay the cost of processing this report.
THE FOREGOING INSTRUCTIONS ARE SUBJECT TO 'GENERAL PROVISIONS' AS SET FORTH ON THE
REVERSE HERREOF. BY YOUR EXECUTION BELOW, PARTIES HEREIN ACKNOWLEDGE THEY HAVE READ
AND FULLY UNDERSTAND ALL PROVISIONS CONTAINED THEREIN.
SELLERS:
ROBERT L. NUESE
1921 Orange Street
National City, CA 92050
BUYERS:
City of National City
BY: ' 4 e atte
1243 National City Boulevard
National City, CA 92050
HERMINIA C. NUESE
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
GENERAL PROVISIONS
1, Deposit of Funds.
All funds received in this escrow shall be deposited in an escrow
account or accounts maintained by FIDELITY NATIONAL TITLE IN-
SURANCE COMPANY, with any state or national bank, and may be
transferred to any other escrow account or accounts at the sole
discretion of FIDELITY NATIONAL TITLE INSURANCE COMPANY.
All disbursements shall be made by check of FIDELITY NATIONAL
TITLE INSURANCE COMPANY. Further, you are hereby authorized
to deposit, or cause to be deposited, any funds handed you under
these escrow instructions with any duly authorized subescrow agent
in the event such deposit shall be deemed necessary or convenient
at the sole discretion of FIDELITY NATIONAL TITLE INSURANCE
COMPANY for the consumation of this escrow.
If for any reason funds are retained or remain in escrow, you are
deduct therefrom a reasonable monthly charge as custodian
thereof of not less than $10.00 per month.
2. Prorations and Adjustments.
All prorations and/or adjustments called for in this escrow are to
made on the basis of a thirty (30) day month unless otherwise in-
-ucted in writing. The phrase "close of escrow (COE)` as used in
'se instructions shall mean the date on which documents are
:orded.
Recordation of Instruments.
Recordation of any Instruments delivered through this escrow,
if deemed necessary or proper by FIDELITY NATIONAL TITLE IN-
SURANCE COMPANY for the issuance of the policy or policies of
title insurance called for, Is authorized.
4. Authorization to Furnish Copies.
You are authorized to furnish copies of these instructions, sup-
plements, amendments or notices of cancellation and closing
statements in this escrow to the real estate broker(s) and lender(s)
named in this escrow.
5. Authorization to Execute Assignment of
Hazard Insurance Policies.
You are to execute, on behalf of the principals hereto, your form
assignments of interest in any insurance policy (other than title in-
surance) called for herein and forward them upon close of escrow
by regular mail to the agent with the request:
(a) that the agent consent to attach loss payable clause or make
other additions or correction as have been specifically required
herein;
(b) that the agent thereafter forward such policy to the parties en -
"lied to them.
In any dealings relating to hazard insurance including adjustments,
in connection with this escrow, you may assume that each such
policy is in force and that the necessary premium therefor has been
paid. You shall not be required to examine or investigate any hazard
insurance policy or policy information submitted to you.
6. Matters Not A Part of this Escrow.
No examination or insurance as to the amount or payment of per-
sonal property taxes is required unless specifically requested.
You are not to be concerned with, nor liable for, giving of any
disclosures required by federal or state law, including but not limited
to, RESPA (Real Estate Settlement Procedures Act), Regulation Z
(Truth and Lending Disclosures), or other warning, or any warranties,
express or implied. Further, you are not to be concemed with any
zoning ordinances, land division regulation or building restrictions
which may pertain to or affect the land or improvements that are sub-
ject to this escrow.
You are to make no physical inspection or examination of the real
or personal property described in any document in this escrow, and
id property shall be accepted unconditionally in its present con -
ion by the buyer in this escrow, unless otherwise stated in these
;tructions.
You will not concern yourself with domestic water bills or other
blic utility matters.
Conflicting Instructions and Right of
Cancellation.
Any principal instructing you to cancel the escrow shall file notice
of cancellation in your office in writing. You shall, within two (2) work-
ing days thereof, mail, by certified mail, one (1 copy of such notice
'n each of the other principals at the address stated in this escrow.
VLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN
YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE
OF SUCH MAILING, YOU ARE AUTHORIZED TO COMPLY WITH
SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION
CHARGES AS PROVIDED HEREIN. If written objection is filed, you
are authorized to hold all money and instruments in the escrow and
to take no further action until otherwise directed, either by the prin-
cipals' mutual and written instructions, or final order of a court of
competent jurisdiction.
In the event of cancellation of this escrow, whether it be at the
request of any of the principals or otherwise, the fees and charges
due FIDELITY NATIONAL TITLE INSURANCE COMPANY, including
expenditures incurred and/or authorized, shall be borne equally by
the parties hereto, unless otherwise specifically agreed to.
Any party electing to cancel this escrow hereby promises and
agrees to pay your cancellation expenses.
The principals hereto expressly agree that you, as escrow holder,
have the absolute right, at your election, to file an action in in-
terpleader requiring the principals to answer and litigate their several
claims and rights among themselves and you are authorized to
deposit with the Clerk of the Court all documents and funds 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 attomeys fees which you are required to expend or
incur in such Interpieader action, the amount thereof to be fixed and
judgment therefor to be rendered by the court or agreement of the
parties. Upon the filing of such action, you shall thereon be fully
released and discharged from all obligations to further perform any
duties or obligations otherwise imposed by the terms of this escrow.
Except as expressly provided for above, should any controversy
arise between the parties hereto or any other person, or should con-
flicting demands be made upon you with respect to any monies or
documents which you hold in escrow, you shall not be liable to take
any action of any kind but may withhold all monies, securities,
documents or other things herein deposited until such controversy
or conflict shah be resolved to your satisfaction by agreement of the
parties or by proper legal process. Any disagreement between buyer
and seller as to the adequacy or fulfillment of a condition may be
considered as a controversy.
All the parties to this escrow hereby jointly and severally promise
and agree to pay promptly upon demand, as well as to indemnify you
and hold you harmless from, all litigation and interpleader costs,
damages, judgments, attorneys fees, expenses, obligations and
liabilities of every kind which, in good faith, you may incur or suffer
in connection with or arising out of this escrow, which said litiga-
tion, interpleader, obligations, liabilities or expenses, arise during
the performance of this escrow or sebsequent thereto, directly or
indirectly.
8. Amendments to These Instructions.
No notice, demand or change of instructions shall be of any ef-
fect to alter, amend, supplement or vary the terms of these instruc-
tions unless given in writing.
9. Time of the Essence; Termination of Agency
Obligation.
Time is of the essence in these instructions. If this escrow is not
in a position to close by the date shown herein for close of escrow,
you may otherwise continue to act under these instructions, provid-
ed written demand to cancel by any party is not handed you after
the time given to comply.
If there is no action taken on this escrow within six (6) months
after the foregoing date, or any written extension thereof, your agency
obligation shall terminate, at your option, and all documents, monies
or other items held by you shall be retumed to the parties depositing
same.
10. Disclosures.
Your knowledge of matters affecting the property, provided such
facts do not prevent your compliance with these instructions, does
not create any liability or duty in addition to your responsibility under
these instructions.
11. Effect of this Escrow.
It is fully understood by the parties to this escrow that the ex-
ecution of instructions in this escrow and any related documents
may, and likely will, create or change existing legal rights or obliga-
tions relative to various matters, including, but not limited to, pro-
perty taxes, interest deductions, rights under existing encumbrance(s)
and/or homeowner status. Therefore, each party hereto represents
to escrow agent that they have either sought or waived the advise
of competent counsel as to any of the foregoing matters, it being
fully undestood that FIDELITY NATIONAL TITLE INSURANCE COM-
PANY, as escrow agent, serves merely as an escrow agent and can-
not give legal or financial advice to any party thereto.
Parties' signatures on all instruments and instructions pertain-
ing to this escrow indicate their unconditional acceptance and ap-
proval of same.
12. Depository Only.
You are to be considered and held as a depository only and shall
not be responsible or liable in any manner whatsoever for the suffi-
ciency or correctness as to form, manner of execution or validity of
any instrument deposited into this escrow, nor as to the identity,
authority or rights of any person executing the same; and your duties
hereunder shall be limited to the safekeeping of such money, in-
struments or other documents received by you as escrow holder and
of the delivery of the same in accordance with the written instruc-
tions accepted by you in this escrow.
13. Fee for Normal Services.
It is understood that the usual fees agreed to be paid for your ser-
vices are for ordinary and usual services only, and should there be
any extraordinary or unusual services rendered by you hereunder,
the undersigned(s) agree to pay you a reasonable compensation for
such extraordinary or unusual services, together with any expenses.
which may be incurred by you in connection therewith.
14. Counterpart.
These instructions, and any amendments or supplements thereto,
may be executed in any number of counterparts, each of which shall
be deemed an original, regardless of the date of execution and
delivery. All such counterparts shall constitute one and the same
document.
15. Notices.
Escrow agent Is to use the respective addresses of seller and
buyer as set forth herein, or the last notice of change thereof receiv-
ed by escrow agent, In the mailing of any notice, demand or declara-
tion herein.
c
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 51-34
That portion of Lots 16 and 17, Block 6, Home Crest "A," in the
City of National City, according to the map thereof, Map No.
1140, filed in the Office of the Recorder of the County of San
Diego, State of California, lying easterly of a line parallel
with and 42.00 feet westerly of the following described line:
Commencing at a point of intersection of the centerline of 20th
Street with the easterly line of said Block 6 as shown on said
Map No. 1140, thence along said centerline, North 72°01'03" East,
12.00 feet to the point of beginning of the line to be described;
thence North 17°56'00" West, 217.42 feet to a point on a curve
concave -easterly, having a radius of 2,000.00 feet; thence
northerly along said curve, through_a central angle of 2°26"20',
an arc length of 85.13 feet; thence North 15°20'40" West, 117.26
feet to a point on a curve concave westerly, having a radius of
2,000.00 feet; thence northerly along said curve, through a
central angle of 2°24'30", an arc length of 84.07 feet; thence
North 17°54'10" West, 157.96 feet to a point in the centerline of
•18th Street as shown on the map of Lincoln Acres Orchard
Subdivision, Map No. 1785, on file in said County Recorder's
Office.
The above described parcel contains 1,529 square feet, more or
less.
Assessor's Parcel: 561-262-09
Property Owners: Mr. Robert Nuese
Mrs. Herminia C. Nuese
Agency: City of National City
Project: Euclid Avenue Extension
City of National City, California
Project Parcel: 51-34
BSI Job: 1091-0055-55
Date: November 6, 1987
Fidelity National Title
INSURANCE COMPANY
FIDELITY NATIONAL TITLE
2763 CAMINO DEL RIO SOUTH
SAN DIEGO, CALIF. 92108
(619) 295-7332
CIASING ESTIMATE ONLY
ESCROW STATEMENT OF:
City of National City
Escrow: 9867
Escrow Officer: JEWELL BIDDLE
Date: 09/01/88
Property Address: 1921 Orange Street National City, CA 92050
TOTAL CONSIDERATION
PRORATIONS/ADJUST: 'TS: FROM TO:
MISCELLANEOUS ADJUSTMENTS:
TITLE CHARGES:
Owners Title Policy for $10,299.00 400.00
RECORDING CHARGES:
Deed 50.00
Reconveyance(s) 25.00
ESCROW CHARGES:
Escrow Fee 300.00
LENDER CHARGES:
LOAN PAYOFFS:
Partial Reconveyance
ADDITIONAL DISBURSEMENTS:
DEBITS
10,299.00
100.00
ADDITIONAL. SES'i'LE ENT CHARGES AS FOLLOWS:
Pad 100.00
CREDITS
BALANCE DUE ESCROW 11, 274. 01
TOTALS
11,274.00 11,274.00
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
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CITY OF NATIONAL CITY