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HomeMy WebLinkAboutCC RESO 14,592RESOLUTION NO. 14,592 RESOLUTION AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR ACQULSITION OF A PERMANENT EASEMENT AT 1315 EAST DIVISION STREET (ALLEN AND YVONNE A. ACOSTA) WHERAS, the relocation of the Fig Court sewer will require a 10' wide sewer easement through 1315 East Division Street; and WHEREAS, the existing line is at a flat grade causing silting problems and excessive maintenance and the new alignment will have a 1% grade thus correcting these problems; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby authorized to enter into an Escrow for acquisition of a permanent easement at 1315 East Division Street in the City of National City, County of San Diego, State of California, for all real property described in Escrow Instructions (No. 57867-L) dated February 4, 1985 attached hereto. BE IT FURTHER RESOLVED that a copy of said Escrow Instructions • are on file in the office of the City Clerk and reference is made herein for all particulars contained therein. ATTEST: PASSED AND ADOPTED this 2nd day of April, 1985. ESCROW INSTRUCTIONS To town Office CONTINENTAL LAND TITLE COMPANY 1330 Fourth Avenue San Diego, CA 92101 Attn: Marie Berry, Escrow Officer/vav (619) 234-7192 1 On or before March 6, 1985 2 3 4 I will hand you the sum of $1 ,750.00 5. 6. Escrowlvo 57867-L Date r,ebruary 4, 1985 Paid outside of escrow Cash through escrow Encumbrance of record Encumbrance of record New encambranCe Total Consideration 5 s 5 S 5 $ $ 5 s 1,750 00 1.750 00 7. which you will deliver when you obtain an eaSHllent to the Vestee(s) named herein and when you can issue your usual stanaard form B.CLTA Owners policy of title insurance with a liability in the amount of S 1 , 750.00 on property 9 described as follows For sear purposes, that portion of Lot 70, Ex Mt ssial Lands, la t..r) as Horton Purchase t0 Fig Court of San Diego, in the City of National City, Canty of San Diego, State of California, according 11 to Map thereof No. 283, filed in the Office of the Recorder of San Diego Canty, Marry 9, 1878, described 12 as follows: Beginning at the Scutt -west corner of' said Lot 70; thence North 00°04'35" West, 334.13 feet to 13-a concrete rrlaiunent per Map Nunber 2227; thence North CO°01'30" Fast, 214.94 feet; theitx North 89°58' Fast, 14 563.82 feet; thence sc-itth 00°01' Fast, 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing sclrwth 15.00°01' East 100.00 feet; thence Scutt) 89°58' West 10.00 feet; thence North CO° 01' West 100.00 feet; thence 16. showing title vested in Ncrth 89° 58' East 10.00 feet to the TRUE POINT CF BEGINNING. 17. 18THE CITY OF NATIONAL CITY, a Municipal Corporation 19. 20 21. FREE OF ENCUMBRANCES EXCEPT. 2 S'rrrr+ 'lr.l f General and Special Taxes tor the fiscal year 19 Sit- 19 E . including personal property lazes. 23 it any. and special District Levies, payment of which is included and collected therewith. and the lien of supplemental taxes. if any. assessed 24 pursuant to the provisions of Chapter 498. Statutes of the State of California. 25 Covenants. conditions. restnctions. reservations. easements. rights. rights of way of record. and any oil or mineral reservations of record. 26. 27-The close of this escrow is contingent upon the approval of this transaction by the 28City Council of the City of National City. The deposit into escrow of the signed 29Certificate of Acceptance as contained on the easement document shall be deemed 3osatisfaction of this contingency. Escrow Holder is authorized and instructed to 3tdeliver Seller's executed easement document to Buyer immediately upon receipt of same 32and before close of escrow for said acceptance. Continental Land Title Company is 33.in no way to be concerned with said delivery before close of escrow. 34 35. 36 37. 38. - 39 40 41. 42 13. 44 45 46. 47. 48 49. 50. 51. 52 53. MAKE ADJUSTMENTS AND PRORATIONS OF THOSE ITEMS HEREINAFTER CHECKED AS OF NO PROBATIONS 54 ❑ Taxes. except taxes on personal property not conveyed through this escrow based on current yeOfs taxes. However in the event the 55. escrow closes after July 1 and before the current taxes are publicly posted and published you are instructed to prorate the taxes 56 based upon the immediately preceding years taxes unless the parties to the escrow turn;sh you with an amount mutually agreed to. 57. which sum shall be used as the basis for said proration. 58 G Interest on deed of trust of record based on statement furnished you by the beneficiary. 59. ❑ tf the unpaid balance of the ban of record to remain as shown on beneficiary statement is more or less than the amount shown 60 above. adjust difference accordingly in 61. 62. 63 4 CI Rentals based on statement handed you by seller and approved by buyer. 65. Li Secunty deposits. Cleaning fees and advance rents as shown on rental statement are t0 be charged t0 seller and Credited 10 buyer. 66 n Premiums on fire insurance policies handed you. unless buyer at his Option secures new coverage and advises escrow holder accordingly 67 ❑ Homeowners association tees 68 E FHA Mortgage Insurance Premium. 69 ❑ Any impounds shown on beneficiary statement are to be charged to buyer and credited to seller. 70Buyer agrees to pay all charges in connection with this transaction, including but r}ot' 7l limited to escrow fee of $108.00; title policy premium; recording easement, etc.('7'Q/NO (Page 1) I�' i +t ! 10 E-103A /50' GENERAL PROVISIONS Al funds received in this escrow shall be deposited with other funds in a general escrow fund account or accounts of CONTINENTAL LA )T LE COMPANY with a State or National Bank qualified to do business in the State of California. All disbursements shall be mace by Check of CONTINENTAL LAND TITLE COMPANY the principals to this escrow are hereby notified that Me tunas deposited herein are insured only to the limit provided by Federal Deposit Insurance Corporation 2 You are authorized to prepare. obtain. record and deliver the necessary instruments to carry out the terms and conditions of this escrow and tO order to be issued at close of escrow the policy of title insurance as called for In these instructions. Close of escrow shall mean the dote instruments are recorded All adjustments and prarations shall be made on the basis Of a 30 day month 4 As my agent. you are instructed to assign any fire and casualty insurance policy delivered to you and to secure any endorsements required in the performance of these instructions. You may assume that said policy is in full torce and effect and that all premiums due hove been paid 5. You are not 10 be held accountable or liable for the sufficiency or correctness as to form. manner of execution. Or validity of any instrument deposited in this escrow. nor as to the identity. authority or rights of any person executing the same Your duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments. or other documents received by you as escrow holder. and for the disposition of same in accordance with the written instructions accepted by you in this escrow. 6 You shall have no responsibility of notifying me or any of the parties to this escrow of any sale. resale. loan. exchange or other transaction involving any property herein described or of any profit realized by any person. firm or corporation in connection therewith. regardless of the fact that such transaction(s) may be handled by you in this escrow Or in another escrow 7 No notice. demand or change of instructions shall be of any effect in this escrow unless given in wnting by all parties affected thereby. In the event a demand for the funds on deposit in this escrow is maae. not concurred in by all parties Hereto. the escrow holder. regardlels of who made demand therefor, may elect to do any of the following (i) Atter thirty days from the date escrow holder was first notified that the escrow is to be Cancelled and/or demand for funds was made. absent mutually concumng instructions providing for payment of funds and the disposition to be mode of this escrow. the escrow holder may return all funds and documents to the parties depositing same. and without liability therefor. (ill) Withhold and stop oil further proceeding in. and performance of, this escrow pending a resolution of any conflict by and between the parties hereto (iii) File a suit in interpleader and obtain an order ham the court allowing escrow holder to deposit all funds and documents in court and have no further liability hereunder. If the conditions of this escrow have not been complied with at the time herein provided. you are nevertheless to complete the same as soon a5 the conditions (except as to time) have been complied with. unless I shall have mode wntten demand upon you for the return of money and instruments deposited by me. 9 All parties hereto agree. jointly and severally. to pay on demand. as wet as to indemnify and hold you harmless from and against all costs. damages. judgements. attorney's fees. expenses. obligations and liabilities of any kind or nature which. in good faith. you may incur or sustain in connection with this escrow. whether arising before or subsequent to the close of this escrow 10. You are authorized to furnish copies of these instructions. any supplements or amendments thereto. notices of cancellation and closing statements to the real estate broker(s) and lender(s) named in this escrow. 11. These instructions may be executed in counterparts. each of which so executed. shall. irrespective of the dote of its execution and delivery be deemed an original. and said counterparts together shall constitute one and the same instrument. 12 These instructions shall become effective as an escrow only upon the delivery thereof to the escrow holder signed by all parties thereto 13 Any funds abandoned or remaining unclaimed. atter good faith efforts have been made by the escrow holder to return same to the party(ies) entitled thereto. shall be assessed a holding fee of S5000 annually. After seven years the amount thereafter remaining unclaimed may escheat to the State of California. 14. All documents. closing statements. and balances due the parties to this escrow are to be mailed by ordinary mail to said parties at the addresses shown opposite their signatures. unless otherwise instructed - ALL OF THE TERMS. CONDITIONS AND PROVISIONS AS SE1 FORTH HEREINABOVE ARE APPROVED. ACCEPTED AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR BELOW War(S) THE CITY OF NATIONAL CITY, a Municipal Corporation 1243 National Avenue National City, CA (Address) BY: 92n5n (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) The foregoing terms. conditions and instructions are hereby concurred in. approved and accepted I will hand you all instruments and money necessary of me to enable you to comply therewith which you are authorized to use and/or deliver when you hold in this escrow for my account the funds. prorata adjustments and instruments deliverable to me under these instructions ✓dgf dtbi560iciul isGiS✓ris66.4.6Iirirbes!rit_erriviridse/tile ar(r6r/ogietttn95126;i.Avli/rb¢dn ir0/0%./trpG >;to✓v OrJte rtl9'P97gfP¢IPR'/5KY91NVT)107971/KJ9V/Yik9799e)he1Y^1799s,9r 90P)s n(45€drv!dgrsoaef$t)'i0,of591givgry(IfuR✓.M1(ablr/9590001$r/////////, 0910 tow%wr,ttYr/t0V1V/9WWTrpftg9urr3t eftf SELLER(S) Allen Acosta 1315 East Division Street, National City, CA 92(150 (Address) (Zone) (Telephone) -tonne A. Acosta (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) (Zone) — = (Telephone) (Page 2)