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Home My WebLink AboutCC RESO 14,137RESOLUTION NO. 14,137 ' H RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ACQUISITION ESCROW FOR PROPERTY AT 2336 EAST 13TH STREET (SCHERKENBACH) PER ESCROW NUMBER 869695 DATED AUGUST 25, 1983 (First American Title Company) WHEREAS, the extension of Euclid Avenue from Plaza Boulevard to 16th Street will require removal of a portion of 13th Street; and WHEREAS, a partial taking of 6,331 square feet of land and miscellaneous improvements will be required from Scherkenbach for the construction of Orange Avenue from 14th to 13th Street in order to provide access to the property owners on 13th Street west of the proposed Euclid Avenue extension, 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 Acquisition Escrow for property at 2336 East 13th Street in the City of National City, County of San Diego, State of California, for the acquisition in fee of all real property described in Escrow Instructions (No. TE-869695) dated August 25, 1983 attached hereto; and FURTHER RESOLVED that the City of National City accepts the real property described in said Escrow Instructions subject to Stipulations A thru E attached hereto as Exhibit "A" and fully incorporated herein by reference. 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 13th day of September, 1983. ATTEST: EXHIBIT "A" 2. Accept the Grant Deed (for street purposes) from Robert M. and Geraldine Scherkenbach with the following stipulations: A. That the remainder property will not be denied a building permit due to the remainder frontage being less than 50 feet. B. That the construction of the streets, retaining walls, walkways (sidewalks), curbs and gutters, etc., per the Orange Avenue approved plans shall be completed at no cost to the Grantor. C. That the proposed masonry retaining wall along the west side of Orange Avenue, as shown on the approved plans, will be constructed between Engineering Station 11 + 30 and 12 + 89.88 and shall be a minimum of 4 inches above the existing grade, at no cost to Grantor. D. That a six (6) foot high chain link fence shall be constructed on top of the masonry retaining wall and connected to the existing chain link fence at the southeast corner of Grantor's remainder property, at no cost to Grantor. E. That the construction of the proposed project improvements con- tiguous to Grantor's remainder property shall be limited to 8 a.m. to 6 p.m. and shall be completed within 45 working days from the first day of commencement of said construction. If extenuating circumstances prevail, the Grantor shall be notified in writing. First American Title Compirny San Diego CALIFORNIA • TELEPHONE 438-1776 1 s'11. M /i Order Number TE-869695 Date August 25, 1983 ESCROW INSTRUCTIONS BUYER ESCROW SUMMARY PAID_ OUTSIDE ESCROW S CASH THROUGH ESCROW 35L233.00 ENCUMBRANCE OF RECORD ENCUMBRANCE OF RECORD PURCHASE MONEY ENCUMB. TOTAL CONSIDERATION $ 35,233.00 To FIRST AMERICAN TITLE Trish Erickson, Escrow Officer thereby agree to purchase the hereinafter described property for a total consideration of $ 35, 233.00 and will on or before October 24, 1983 hand you said consideration which is payable as follows: I will hand to you prior to the close of escrow the sum of $35,233.00 I will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for me a deed executed by ROBERT M. SCHERKENBACH and GERALDINE SCHERKENBACH and when you can issue your standard coverage form policy of title insurance with liability of $ 35, 233.00 on the following described property situated in the City of National City County of San Diego , State of California, The Easterly 100.00 feet of the Southerly 150.00 feet of the Northerly 180.00 feet o the Southerly 1/2 of the Easterly 1/2 of the Northeast 1/4 of the Easterly 1/2 of 80 Acre Lot 2 in Quarter Section 129 of RANCHO DE LA NACION, in the City of National Ci 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, May 11, 1869. (complete legal to be provided on preliminary title report) showing title vested in The City of National City free of encumbrances except: 1. Current General and special taxes for fiscal year 19 83- 19 84 2. Assessments and/or Bonds NONE, If any, Seller to pay. 3. Covenants, conditions, restrictions, rights of way, easements and reservations of record, if any. 4. Stipulations of Acceptance, more particularly described in Exhibit 'A' attached A. Notwithstanding anything in the printea matter to the contrary, the Buyer shall be responsible for all costs incurred in this escrow, including but limited to escrow fees, title fees, appraisal fees, recording fees, reconveyance fees, and documentary transfer tax. B. Escrow Holder is instructed to order a demand for partial reconveyance from Anaheim Savings and Loan for the sun of $25,324.00 only, charging the Sellers account for same at the close of escrow. continued on page 2 PLEASE SIGN & RETURN A 1 ESCROW INSTRUCTIONS - Page 2 Order Number TE-869695 August 25, 1983 Prorate and/or adjust the following as of Close of escrow I. Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the close of er:,uw. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is murc or less than the amount used for proration purposes. the difference, if any, will be adjusted by the parties herein outside of escrow.) 2, Insurance (including FHA mortgage insurance, if any). n/a 3. Interest on all encumbrances, except on any improvement assessments or bondsri/a 4, Rental per rent statement handed you. n/a S. "Charge the buyer and credit the seller the amount of any funds held in an impound account, if any, in connection with an existing loan." n/a You are to hold for me -0- shares of water stock of the n/a Company. I hereby agree to pay any charges including usual buyers escrow fee and any advances and expenses that are properly chargeable to me regardless of the consummation of this escrow. At the close of escrow you are to mail all documents. etc., to the persons entitled thereto. GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your gen- eral escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account ur accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through dtis escrow. if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. Execute on behalf of the parties hereto, form assignments of interest in any insurance policies (other than title insurance) called for herein and forward than upon close of escrow to the agent with the request, first, that insurer consent to such transfer ur attach 1,.::,-payable clause or make such other additions or corrections as may have been specifically required herein, arm second. that the agent thereafter forward such policies to the parties entitled to them. In all acts in this escrow relating to fire insurance. including ad- justments, if any, you shall be fully protected in assuming that each such policy is in force and that the necessary premium therefor has been paid. You are to furnish a copy of these instructions, amendments thereto. closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this trans- action upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the milt to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties here- to Jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees. suffered ur incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the fore- going. a suit in intcrplcader brought by you. In the event you file a suit in interplcader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of nut less than S 10.00 per month. Time is declared to be the essence•of these instructions. If you arc unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terns hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. CITY OF NATIONAL CITY Name RY• Address 1243 National City Blvd. Phone 474-8528 John Benzing, City Engineer National City, CA 92050-4397 Name SELLEI 1 approve of the foregoing instructions and agree to sell and will deliver to you papers, instruments and/or funds required from me within the time limit specified herein, which you are authorized to deliver when you can issue your policy of title insurance as set forth above. I agree to pay any personal property taxes properly chargeable to me. You are instructed to use the money and record the instruments to comply with said instructions and to pay all encumbrances of record necessary without further ap- proval including prepayment penalities to show title as herein provided.-i-agree-t ryo t rusaxl-se4etseseF w+-ke,-4rawi•ng of dueeimro t-a te «sore-4iAartwi-wkiettase-a4vama;e4.l-t%.xc+rw-:u:cuuuLr:gudJ.•cc /If t11c1aausruruuituuLr,t_1Jus rwrou, 1.31s0 a;,4.04 4+r 4Jw-tilAieyul-1+t r+xt+ears:we=pvXutatutiaaAd-iG''udi'ty.leesusJuclLarx-psupe ly-c.r «f lblelulw_:uxLdiwti entry tratr,iav-ta4-irl-the--amotktt•4t4,-- atuu.are-iwstru led t enlnc.csa-tLeAt:ed.and.affirwtu_siwuttuc.thrselu. if rege,i I-_lo thc-errnt-t-his-,rrrrcxxrt,s-intorrert, renitre-aethrrriretFmd-i»stratieti-t rerkrr1he-eorreei-mrn, ntt-vrrtfn ed-snd dodot4 tita-t14:14tiuttn4-rost-tkerefoxrfvem4t+tti-ttccsuiut}au.inu-accQuut- Initte-ateat-art-uuuuaat-iuurxuu.is-satarrd the d.eti-vritl•-stml-delft-RYecordltt174-bt, cb 0 halel-reti-herRtless-stiti- nee-iHTeirolyt ye-recta-kin-ttty-'FVsYYuu-nits ,ceat-uirrb--, id airnnrtrt-bei roTrteorreel. At the close of this transaction you are authorized to pay commission in the amount of S to: n/a -0- NONE Broker's License No. ALL PARTIES UNDERSTAND THAT THERE ARE NO COMMISSIONS DUE FROM THIS TRANSACTION FOR THIS PROPERTY. Name�1i Address I'hune Name Geraldine 5cherkenbach At the close of escrow you arc to mail your check and any documents to which 1 am entitled to the above address. 11 rP it n MA O1 VS ,co 0 fi t�TH iTRRET Tre. ET't- / EXIST I1/42".K? 5.5' 10+014 1Q TH. s ill In ems\