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Home My WebLink AboutCC RESO 14,786RESOLUTION NO. 14,786 RESOLUTION AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR ACQUISITION OF REAL PROPERTY AT 1603 EUCLID AVENUE (FELIPE F. & MARILYN U. AMANTILLO) WHEREAS, the construction of Euclid Avenue from Plaza Boulevard to 16th Street requires the acquisition of real property at 1603 Euclid Avenue; and 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 the real property at 1603 Euclid Avenue in the City of National City, County of San Diego, State of California for all real property described in Escrow Instructions (No. 58156-S dated September 30, 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. PASSED and ADOPTED this 12th day of November, 1985. ATTEST: 1 Ione Campbell, City lerk APPROVED AS TO FORM: ESCROW INSTRUCTIONS ro LAND TITLE - A Division CONTINENTAL LAND TITLE COMPANY 1330 Fourth Ave., P.O. Box 2270 San Diego. CA 92112 D. E. Scannell, Escrow Officer (619) 234-7192 1. on or before December 2, 1985 2. 3. 4. I will hand you , prior to close of escrow, the 6. sum of $ 98,000.00 and all necessary documents 6. Escrow No 5R156-S Dote Sr'ptember 30. Iola__ Pad outside or escrow Cosh through escrow Encumbrance of record Encumbrance of record New encumbrance Total Consideration s s s S S S s s S 7. which you will deliver when you obtain a Grant Deed to the Vestee(s) named herein and when you can Issue 8. OWNERS policy of title insurance with a liability In the amount of S 98, 000.00 9. described as follows 10. Lot 11 of Leisure 1 Estates, in the City of National City, in the 11. San Diego, State of CAlifornia, according to Map. thereof No. 8840, 12. the Office of the County Recorder as more fully set forth in legal 11 attached hereto and made a part hereof 14. 15. 16. showing title vested in: CITY OF NATIONAL CITY, a Municipal Corporation 17. 18. 19. 20. 21. FREE OF ENCUMBRANCES EXCEPT: 22 All secured taxes and General and Special Taxes for the fiscol year 19 84- 19 85. Including personal property taxes. 23. if 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 restrictions reservations. easements rights rights of way of record. and any oil or mineral reservations of record. 26. 27. CLOSE OF THIS ESCROW IS CONDITIONED UPON acceptance of the Grant Deed and 28. authorization for the expenditure of the funds necessary to purchase said property 29. by the City Council of the City of National City. Deposit in escrow of the 30. resolution by the City of National City accepting said deed and authorizing the 31. expenditure shall constitute satisfaction of this condition. 9R, floc nn 98,000 00 32. 33. your usual standard form on property County of filed in description 34. 35. 36. 37. 38. 39. 40. 41. 42. Al 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. MAKE ADJUSTMENTS AND PRORAT1ONS OF THOSE ITEMS HEREINAFTER CHECKED AS OF CLOSE OF ESCROW: NONE 54. 0 Taxes except taxes on personal property not Conveyed through this escrow based on current year's taxes. However In the event the 55. escrow closes after Jury 1 and before the current taxes are publicly posted and published you are Instructed 10 prorate the taxes 56. based upon the immediately preceding year's taxes unless the parties to the escrow furnish you with on amount mutually agreed to. 57. which sum shall be used as the basis for said proration. 58. 0 Interest on deed of trust of record based on statement furnished you by the beneficiary. 59. 0 If the unpaid balance of the loon 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. 64. 0 Rentals bused on statement honded you by seller and approved by buyer. 65. 0 Security deposits cleaning fees and advance rents as shown on rental statement aro to be charged to seller and credited to buyer. 66 0 Premiums on fire insurance policies honded you. unless buyer at his option secures new coveroge and acNises escrow holder aocardingty. 07. 0 Homeowner's association fees 68 0 FHA Mortgage Insurance Premium 69 0 Any imprxrnds shown on beneficiary statement ore to be charged to buyer it and credited to wilier. 7a IogreetopovtSdry6fs/ASfi,EM&/6i all title and escrow fees in conrection with this transaction 71. along with demand fees and trustees fees. (Pogo 1) F • ire. GENERAL PROVISIONS 1. All funds received in this escrow snail be deposited with other tunas in a general escrow fund account ora:CG;NscICONtINENtALLAND1 COMPANY with a State or Notional Bank Qualified to do business in the State of California All dcbursemenis shall be mode I check of CONTINENTAL LAND TITLE COMPANY. The principals to this escrow ore hereby notified that the funds aeposiled herein ore insured only to the limit provided by Federal Deposit Insurance Corporation. 2. You ore authorized to prepare.obtain. record and deliver the necessary instruments to carry out the terms ondconditions ofthis escrow and tc 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. 3. All adjustments and proration shall be made on the basis of a 30 day month. 4 As my agent, you ore instructed to assign any fire and casualty insurance policy delivered to you and to secure any endorsernentsrequired it, the performance of these instructions You may assume that said policy is in full force and effect and that all premiums due have been paid. 5. You are not to 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 us escrow holder, and for the d'sposirion Of same in ncr:ordnnce with the written instructions accepted by you in this escrow. a. "Cu shall have no responsibility of notifying me or any of the parties to this escrow of any sale. resole, 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 writing by of I bodies affected thereby. In the event a demand for the funds on deposit in this escrow is made. not concurred in by all parties hereto. the escrow holder. regardless of who mode 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 concelled and/or demand for funds was made. absent mutually concurring 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. (ii) Withhold and stop all further proceeding in. and performance o1. this escrow pending a resolution of any conflict by and between the parties hereto. (iii) File a suit in interpleader and obtain on order from the court allowing escrow holder to deposit all funds and documents in court and have no further liability hereunder. 8. 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 as the conditions (except as to time) have been complied with. unless I shall have made written 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 well 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. 1a 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 date 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 on escrow only upon the delivery thereof to the escrow holder signed by all parties thereto. 13. Any tunas abandoned or remaining unclaimed. after good faith efforts have been made by the escrow holder to return so me to the party(ies) entitled thereto. shall be assessed a holding tee of S50.00 annually. Atter 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 moil to said potties at the addresses shown opposite their signatures. unless otherwise instructed. ALL OF THE TERMS. CONDITIONS AND PROVISIONS AS SET FORTH HEREINABOVE ARE APPROVED. ACCEPTED AND CONCURRED IN BY THE FARTS WHOSE SIGNATURES APPEAR BELOW. BUYER(s)CITY OF NATIONAL CITY a Municipal Corporation By: 1243 National City Blvd., National City, CA 92050 (Address) (Zone) (Telephone) (Address) By: (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 mats necessary of me to enable you to comply therewith which you are authorized to use and/or deliver when you hold in this escrcrwtor my account tt funds prorate; adjustments and instruments deliverable to me under these instructions. I agree to pay wx,xx,p9Kemmtrgpireplocilvt.pktkRwp teezeiccontectilO3R axelliXeCOrIZIMetiCe lttig titsfR 9lrMPASeklAarte rtf¢zt+MKR0rROsj(L40OdlotclE Tonafsf)XOO R)1/tT IIIIIIiark= hasitotscesteltrectmlitttlfeinceoneDttoECOWARKingtiMIgranClktP0 S xsoxata tamweeenakter thixme¢ztorotgat l4xxxaaxxofr6tt Beneficiary's demand is for full reconveyance of trust deed of record in favor of First Interstate. SELLER(5) • 1603 Euclid Ave., National City, CA 92050 F. antillo Address ( ) (Zone) (Telephone) lel Q/) ,_ same as above Marilyn U Amatillo (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Address) (Zone) (Telephone) (Page 2) = STIMATED ;TATE11EhT OF ESCROW' NO. 55815E—S FO City of Plntlonal Cif y Er.timated Date: Iuct.ohc•r CI • g Lite: ! 11_ i :-•' :1 LAND TITLE OUILOINO 12E0 IOUNTN AVENUE SAN DIES0 CALIFORNIA rtlt51 224.71112 MAILING ADDRESS I. O NOR 2270 ..AN OILGO. CA 92117 'ROI'I:Ill'Y: l.t•t 1 or . ,:i:;I.': tat1.::, 'rational City Clil•:DITS :onsideration Sales Price Escb:ult;e \ .tine 'aid outside of es ros. )upttsets 1st TD 2nd TD 'rorates made as of: Taxes'/: year S $ Ins. expiring Prem S Rent at S 'olicy of Title Insurance fransfcr tax teeording:I)ced S 'axes pate ..serow Fee )swing: Deed S . `I 'rine. of I u•umb paid to: nterest at iccon S 'frost Deed S Revolt S 5 . OC Trost Deed h Note S Trustee's I ee S 'rine. of Encumb paid to: ntere t at lccon S blister'sl ee S djustment fund :ontrrtission paid to Wotan/IS 25.00 Demand $ S U0.00 15.00 85.00 .u_,xCt-DUE ).rspi1,11r; ?fr t +rfT,IlrVW C 1 't•tNENrnt. 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