HomeMy WebLinkAboutCC RESO 2138-21RESOLUTION NO. 15,732
RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF
REAL PROPERTY AT 2138-2140 EAST 5TH STREET
(KENNETH P. AND MABLE L. ATTAWAY)
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 2138-2140 East
5th Street, National City, a copy of which is attached hereto
as Exhibit A.
PASSED and ADOPTED this 13th day of September,
1988.
GEORGE H WATERS, MAYOR
ATTEST:
IONCAMPBELL, CITY CLERK
APPROVED AS TO FORM:
A.t
GEOEISER, III -CITY ATTORNEY
•
I! Transamerica
Title Insurance Services
Transamerica
Title Insurance Company
rigoosers AO"'
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
SALE ESCROW INSTRUCTIONS
CASH TO COME
TOTAL SALES PRICE
ESCROW NO: 118483-ct
DATE: September 15, 1988
PAGE 1 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
$ 63,800.00
$ 63,800.00
BUYER will cause any instruments and/or funds called for herein to be
delivered to you to enable you to comply with these instructions, all of which
you are authorized and instructed to use and/or deliver on or before October
14, 1988, and when you are in a position to issue your standard coverage form
Policy of Title Insurance, with a liability of at least the amount of the
above total sales price covering property described below in the City of
National City, County of San Diego, State of CA:
See legal description attached hereto as Exhibit "A" and made a part hereof...
(SELLER STATES PROPERTY ADDRESS IS: 2138-40 East Fifth Street, National City,
CA 92050)
INSURING TITLE VESTED IN:
The City of National City, a Municipal corporation
SUBJECT ONLY TO:
All (1988-89) installment(s) of the General and Special County, and City (if
any) Taxes, including any special district levies, payments which are included
therein and collected therewith, a lien not yet due or payable, for current
fiscal year, not delinquent, including taxes for ensuing year, if any. The
lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 498 Statutes of 1983 of the State of California.
Covenants, conditions, restrictions, reservations, and rights of way of
record, easements and the exception of minerals, oil, gas, water, carbons and
hydro -carbons on or under said land, now of record.
A. There shall be no prorations made through this escrow.
B. Escrow holder is in no way concerned with hazard insurance on subject
property.
C. You are to charge buyer's account with all closing costs incurred herein
including but not limited to title policy fee, escrow fee and penalty costs
and other additional charges as applicable for prepayment of any pre-existing
recorded deed of trust encumbering property (excluding principal balance and
accrued interest).
a.
1-16
SS
THE FOLLOWING ARE MEMORANDA TO THIS ESCROW WITH WHICH ESCROW HOLDER IS IN NO
WAY CONCERNED OR LIABLE:
1. The purchase price of $63,800.00 is given as total consideration for
2,426 square feet of the subject property and damages for removal of the
easterly duplex unit, excluding the two garages which will be left in place.
2. In addition, the City agrees to pay the costs of severing and removing the
portion of the building and the costs of restoring the remaining structure for
continued use as a rental dwelling unit.
Form No SoCai 243 6
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 118483-ct
DATE: September 15, 1988
PAGE 2 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
3. The City shall construct curb, gutter
construction plans.
4. City shall relocate all gas,
electric
and sidewalk, street per approved
and other utilities as necessary.
5. Tenants shall be given at least 90 days notice before moving.
6. Remaining structure shall be repaired to satisfactory condition and all
work to be done per building codes.
�t
J.J.
In addition to amounts set forth above, Buyer will hand you, before the date
of recording, funds in an amount to cover closing costs as set forth above.
Seller will deliver you all instruments and/or funds required to enable you to
comply with these instructions. You are instructed and authorized to use
and/or deliver these instruments and funds as instructed, providing you hold
for the Seller's account within the time limit set out above, instruments
called for herein and all monies due. You are instructed and authorized to
pay off bonds, assessments and/or taxes, also any encumbrances of record, plus
accrued interest and charges, if any, to place title in condition called for
in these instructions. You are instructed to order the title search at once.
The foregoing terms, conditions and instructions, including the "General
Instruction" attached hereto, (as if fully set forth herein), have been read
and are understood by each of the undersigned, who hereby agree to, concur
with, approve and accept the same in their entirety.
BUYER SIGNATURE(S):
The City of National City
BY: 2.4 4 - hL-i '�-
( Mayo
MAILING: 1243 National City Blvd., National City, CA 92050
FORWARDING: 1243 National City Blvd., National City, CA 92050
SELLER SIGNATURE(S):
Kenneth P. Attaway
MAILING: 2115 East Fifth Street, National City, CA 92050
FORWARDING: 2115 East Fifth Street, National City, CA 92050
Mable L. Attaway
MAILING: 2115 East Fifth Street, National City, CA 92050
FORWARDING: 2115 East Fifth Street, National City, CA 92050
SALE ESCROW INSTRUCTIONS
TO:
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103
(619) 296-2000
ESCROW NO: 118483—ct
DATE: September 15, 1988
PAGE 3 OF 3
Carol M. Thomas
ESCROW DEPARTMENT MANAGER
GENERAL INSTRUCTIONS
(1) kalke all adjustments and/or proratims, if any, on the basis of a 30-day month. 'CLOSE OF ESCROM" is the dal instruments are recorded.
(2) Any amendment or supplement to these instnxtions rest be in writing and deposited with your compaiy. Me farther uderstad your company shall
not be bound by any instruction unless in writing.
(3) All funds received in this escrow shall be deposited with other escrow funds in a general escrow account a accounts of Transamerica Title
Insuraice Company, with any State on National Bark, and may be transferred to any other such general escrow a oant or accents. All disbursements
shall be made by deck on such aaant(s).
(4) You are aphorized and instructed to furnish a copy of these instruction, any amendments thereto ad/or final closing statemnt to the Real
Estate Broker representing any of the parties in this transaction, also to any lender holding or contemplating a loan against the subject property.
(5) Recordation of ay instruments delivered through this escrow, if neassary or proper in the issuance of the policy of title insurance called
for, is authorized.
(6) If you are the prevailing party in any action or proceeding between you and sae ar all of the parties to this escrow, you shall be entitled to
all costs, expenses, and reasonable attorneys' fees expended or incurred in connection therewith. If you are regiired to respond to an/ legal
summons or proceedings not irwolving breach or fault epos your part, the parties to this escrow jointly and severally agree to pay all costs,
expenses, and reasonable attorney's fees expended or incurred by you, and the parties hereto further agree to indemnify you against all loss and
expense in the said action or proceeding.
(7) Time is of the essence of these instructions. If a denand to cancel is submitted after the close of escrow date, any principal so requesting
you to cancel this escrow shall file notice of dead to cancel in your office in writing. You shall within three (3) working days thereafter mail
ty certified mail one copy of such notice to each of the other principals at the addresses stated in this escrow. Unless written objection thereto
is filed in yaw office by a prircipal within fifteen (15) calendar days after date of such mailing, you are authorized to cancel this escrow. If
written abjection is filed with you, you are authorized to hold all money and documents in this escrow and take no further action until otherwise
directed, either by the principals' mutual written instructions or by final order of a court of competent jurisdiction. You may return lender's
papers ad/or furls xpan lender's demand,
8) The principals hereto expressly agree that you, as escrow holder, have the absolute right at your election to file an action in interpleader in
a cart of competent jurisdiction requiring the principals to answer and litigate their several claims and rights among the selves and you are
authorized to deposit with the clerk of the cart all documents and funds held in this escrow. In the event such action is filed, the principals
jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or
incur in such interpleader action, the amount thereof to be fixed and judgment to be rendered by the cart. Upon the filing of such action, you
shall thereupoi be fully released and discharged from all obligations to further perfore any duties or obligation otherwise imposed by the tens of
this escrow.
(9) If there is no written activity by a principal delivered to this escrow within any six -math period after the close of escrow date as set forth
in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other
items held by you shall be returned to the respective parties entitled thereto, less fees and charges herein provided.
(10) 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 from any responsibility or liability therefor.
(11) You are released from and shall have no liability, obligation or responsibility with respect to (a) withholding of funds pursuant to Section
1445 of the Internal Revenue Code of 1954 as amended, (b) advising the parties as to the requirements of such Section, (c) deterwirirg whether the
transferor is a foreign person under sch Section, nor (d) obtaining a non foreign affidavit or other exemption from wititoldirg under such Section
nor otherwise making any inquiry concerning compliance with soh Section by any party to the transaction.
(12) Senate Bill 1550 has placed certain restrictions on title ad escrow companies. The major emphasis of this bill focuses on drafts and those
items (including cashier's checks, cheeks &an on "101" accaurts, credit union share drafts, trareler's checks or money orders) dram an an
out-of-state oak, which requires a waiting period in most cases of from 8 to 10 days before we can disburse on these funds. If your escrow
contemplates the usage of such funds, please contact your escrow officer as soon as possible. Alternative methods of funding, such as wire
transfer, may be suggested to avoid any delay in the closing of your escrow.
(13) Parties herein acknowledge that effective July 1, 1985, pursuant to a new state law (Section 480.3, RIT), all deeds and other documents that
reflect a change in ownership in real property when presented for recording, must be accompanied by a preliminay change of ownership report. if
this report is not presented by buyer to escrow holder prior to the close rf escrow, or is not completed to the satisfaction of the County Recorder,
an additional recording fee of $20.00, as required by law, will be charged by the (runty recorder, aid in such event escrow Folder will charge
buyer's account accordingly.
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Southeasterly 78.00 feet of the Northwesterly
108.00 feet of the Easterly 110 feet of the Southeast Quarter of
the Northwest Quarter of the Southeasterly Quarter of Quarter
Section 130 of RANCHO DE LA NACION, in the City of National City,
County of San Diego, State of California, according to Map
thereof No. 166, made by Morrill and filed in the Office of the
County Recorder of San Diego County May 11, 1869, described as
follows:
All that portion of the land described in a deed to Kenneth P.
Attaway and Mable L. Attaway recorded January 4, 1967 as
File/Page No. 730, Official Records of said County and State,
lying Northwesterly, Northerly, and Northeasterly of the
following described line;
BEGINNING at a point on the Northwesterly line of said land, said
point being distant thereupon 50.00 feet Southwesterly from the
most Northerly corner of said land, said point also being a point
of cusp with a tangent curve concave Southerly and having a
radius of 20.00 feet; thence Northeasterly, Easterly, and
Southeasterly along said curve through a central angle of
90°00'00" an arc length of 31.42 feet to a point on a tangent
line parallel with and distant 30.00 feet Southwesterly from the
Northeasterly line of said land; thence Southeasterly 58.00 feet
along said parallel line to a point on the Southeasterly line of
said land, said point being the point of terminus for this
description.
The above described parcel contains 2,426 square feet, more or
less.
All as more particularly shown on a Plat designated as Exhibit
"B" attached hereto and, by reference made a part hereof.
The Legal Description and Plat were prepared by me or under my
direction on February 11, 1988:
Eric A. Nelson
L.S. 5563
EXHIBIT "B"
516 STREET
C
N71'00'00°E 110.00'
60.00'
A=90.00'00a
R=20.00'
L=31.42'
cd DEED TO ATTAWAY
N19'00'00"W
\� f o
co
U,
PER EJP No, 730,0,R,
R E C, JANIJA R Y 4,19 87
80.00'
N19'00'00"W
50.00'
.00
30'
30'
30.00'
N19'00'00"W
SOUTHERLY LINE OF
THE NW'LY 438.00'
OF THE SE'LY 1 /4
OF QTR SECTION
130 OF Ro. DE LA NACION
MAP No. 166.
N71'00'00"E 110.00'
1161 CONSULTANTS,INC.
a.,.nad to aevwne,rntal Agencies16880 Weet Bernardo Drive, Sart Diego, CA 92127
(619}451-6100
DENOTES AREA TO BE ACQUIRED
AREA TO BE ACQUIRED = 2426 SF
AREA REMAINING = 6154 SF
CITY OF NATIONAL CITY
DATE
DRAWN BY
FEB. 11, 1988
EAN
SHEET 1 1
OF
ail ' Transamerica
Title Insurance Services
Transamerica
Title Insurance Company
ESTIMATED BUYER'S CLOSING STATEMENT
Transamerica Title Insurance Company
3033 Fifth Avenue, Suite 100
San Diego, California 92103 (619) 296-2000
Escrow No: 118483-ct
Date: October 14, 1988
PAGE 1 OF 1
The City of National City
Total Consideration
ESCROW FEES
Escrow Base Fee
Miscellaneous (will refund if not needed)
DEBIT
63,800.00
460.00
100.00
TITLE CHARGES
Owners Policy 456.00
CREDIT
ADDITIONAL CHARGES
Balance needed to close escrow 64,816.00
TOTALS
64,816.00 64,816.00
Form No SoCal 243 6