HomeMy WebLinkAboutCC RESO 13,970RESOLUTION NO. 13,970
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE DEED OF TRUST AND ASSIGNMENT OF RENTS
BE IT RESOLVED by the City Council of the City of
National City, California, that the Mayor and City Clerk be
and they are hereby authorized and directed to execute Deed of
Trust and Assignment of Rents which is a Purchase Money Deed
of Trust for the purpose of securing promissory note in the
principal sum of Seventy Thousand and 00/100 Dollars
($70,000.00) given as part of the purchase price of real
property owned by Austin J. Oliver, located in the City of
National City, and identified on the Assessor's rolls as
Parcel No. 563-150-22.
PASSED AND ADOPTED this 1st day of February, 1983.
ATTEST:
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RECORDING REQUESTED BY
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NAME
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ADDRESS
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STATE
Zip
AFTER RECORDING MAIL TO
Austin J. Oliver
12151 Freemont #19
Yucaipa, CA 92399
344045—K 56705—S
Title Order No. Escrow No.
SPACE ABOVE FOR RECORDER'S USE ONLY
INDEX AS TRUST DEED AND ASSIGNMENT OF RENTS
DEED OF TRUST AND ASSIGNMENT OF RENTS
incorporating by reference certain provisions of a deed of trust (not fictitious) recorded in counties named herein.
By this DEED OF TRUST, made this 21st day of January
CITY OF NATIONAL CITY, a Municipal Corporation
, 19 83 , between
, herein called Trustor, whose address is
1243 National City Blvd, National City CA 92050
(number and street) (city) (zone) (state)
and LAND TITLE INSURANCE COMPANY, a California corporation, herein called Trustee, and
AUSTIN J. OLIVEP a married man as his sole and separate property
, herein called Beneficiary.
Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in
San Diego County, California,
described as
That portion of the East half of 40 Acre Lot 2 in Quarter Section 134
of Rancho de la Nacion, in the City of National City, County of San
Diego, State of California, according to Map thereof No. 166 filed in
the Office of the County Recorder of San Diego County on May 11, 1869,
BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT 11A" ATTACHED HERETO AND
MADE A PART HEREOF.
This is a Purchase Money Deed of Trust.
Trustor also assigns to Beneficiary au rents, Issues and profits of said realty reserving the right to collect and use the same except during
continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the same by any lawful
means in the name of any party hereto.
For the purpose of securing: (1) Performance of each agreement of Trustor incorporated by re.ff.Aeripp,w cpttgained herein; (2) payment of the
indebtedness evidenced by one promissory note of even date herewith in the principal sum of S U,UUU x VU UU
payable to Beneficiary or order; (3) the payment of any money that may be advanced by the Beneficiary to Trustor, or his successors, with interest
thereon.
To protect the security of this Deed of Trust, Trustor agrees by the execution and delivery of this deed of trust and the note secured hereby that the
provisions of section A, including paragraphs I to 5 thereof and the provisions of section B, including paragraphs 1 to 8 thereof of the deeds of
trust recorded in the Official Records of the following counties in the state of California and in the books and at the pages of such Official Records
as follows:
COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Book Page
Amador 61 320 Madera 403 365 Riverside 853 417 Santa Clara 4740 31
Calaveras 97 51 Mann 976 165 Sacramento 2930 339 Santa Criss11902031429 403
El Dorado 369 137 Mariposa 27 531 San Bernardino 2187 142 Solana 478
Fresno 2510 402 Merced 912 197 San Diego 4257 114 Stanlslaus 215
Humboldt 586 170 Monterey 1651 185 San Joaquin 1109 16 Tulare 1286 325
Imperial 688 555 Napa 610 801 San Luis Obispo 465 41 Tuolumne 69 427
Kings 397 1 Nevada 213 343 San Mateo 3769 192 Ventura 1653 22
Los Angeles 25481 351 Orange 2527 108 Santa Barbara 763 33 Voles 466 325
which provisions are identical in each of said deeds of trust, shall be and they are hereby incorporated herein as fully as though set forth herein
at length; and that the references to lands, obligations, and parties in said provisions refer to the lands, obligatigns, and parties set forth in this
deed of trust. A copy of said provisions is printed on the reverse side of this deed of trust.
The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder: be mailed to him at his address here-
inabove set forth. At the date of the request therefor, Beneficiary may charge the amount permitted by low for any statement regarding the
obligations secured hereby.
STATE OF CALIFORNIA 1
COUNTY OF 1 SS.
On before me, the v
Public in and for said County and Stole, personally appeared
known to me to be the.President, and
known to me to be Secretory of the corporation that executed the
within Instrument, 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 -lows or a resolution of its board of directors.
B
CITY OF .i�r ONAL P CITY, a Municipal ;; //
Corporoton
ders.gned, a Notary
Signature
I— — 1+n'eeeve
FOR NOTARY SEAL OR STAMP
Name (Typed or Printed)
Notary Public in ono for said County and Stale
31c-C-LT (12/751
to
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
)
ss
On this the a'1"4Day of 198 3 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
<' , known o me (or proved on the basis of
satisfactory evidence) and , known to me (or
proved on the basis of satisfactory evidence)known to me to be the Mayor
and City Clerk of National City, California to be the person(s) whose
names(s) 'ph 2. subscribed to the within instrument, and acknowledged
that z.�ey executed it.
WITNESS my hand and official seal.
Notary's Si nature
TYP
a . .. a r�tl
EXHIBIT "A"
That portion of the East half of 40 Acre Lot 2 in Quarter Section 134 of Rancho
de la Nacion, in the City of National City, County of San Diego, State of
California, according to Map thereof No. 166 filed in the Office of the County
Recorder of San Diego County on May 11, 1869 described as follows:
BEGINNING at a point on the Northerly line of Sweetwater Road, said point being
40.00 Westerly from the intersection of said Northerly line with the Easterly
line of said Quarter Section 134 and being theSouthwest corner of land described in
deed to the City of National City recorded February 24, 1949 in Book 3120 Page
329 of Official Records; thence Northerly and parallel with said Easterly line
of said Quarter Section 134 a distance of 125.00 feet; thence Westerly and parallel
with the Northerly line of Sweetwater Road a distance of 200.00 feet; thence
Southerly and parallel with the Easterly line of said Quarter Section 134 a
distance of 125.00 feet to the Northerly line of Sweetwater Road; thence Easterly
along said Northerly line a distance of 200.00 feet to the Point of Beginning. .
EXCEPTING therefrom that portion as deeded to the County of San Diego by document
dated May 13, 1972 recorded July 5, 1972 as file No. 173027 (known as Parcel No.
69325) and described as follows:
Fee title in and to that portion of the East Half of 40 acre Lot 2 in Quartet
Section 134 of Rancho de La Nacion, in the City of National City, County of
San Diego, State of California, described in Deed to Austin J. Oliver recorded
August 4, 1965 in the Office of the County Recorder of San Diego County as file
No. 139746 of the Official Records, lying Southerly and Easterly of the following
described line:
BEGINNING at the Southwest corner of land described in said deed; thence
along the West line thereof North 17°41'13" West 38.94 feet to the TRUE POINT
OF BEGINNING; thence leaving said West line North 78°25'14" East 125.43 feet
to the beginning of a tangent curve to the left having a radius of 20 feet;
thence along said curve through a central angle of 90°00'00" in a Northeasterly,
Easterly and Northwesterly direction a distance of 31.42 feet; thence tangent
to said curve North 11'34'46" West 10.80 feet to the beginning of a tangent
curve to the right having a radius of 275 feet; thence along said curve to
344045-K a point in the Northerly line of said land, a distance of 47.02 feet through a
1/13/83 central angle of 9°47'52".