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HomeMy WebLinkAboutCC RESO 91-47RESOLUTION NO. 91-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ESCROW INSTRUCTIONS FOR THE TRANSFER OF REAL PROPERTY OWNED BY THE CITY TO ROBERT JOHN RICHARDS AND JOAN S. RICHARDS BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute escrow instructions and a quitclaim deed transfer- ring real property owned by the City north of 16th Street between Hoover and Coolidge Avenue to Robert John Richards and Joan S. Richards, husband and wife. PASSED and ADOPTED this 19th day of March, 1991. ATTEST: -). l Lo i Anne Peoples, City Clerk APPROVED AS TO FORM: George . Waters, Mayor RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name '-Mr. and Mrs. Robert Richards Street 4643 Lawler Court Address City La Mesa, CA 92041 Ztpate MAIL TAX STATEMENTS TO Name 7 street same as above Address city State Sip SPACE ABOVE THIS LINE FOR RECORDER'S USE — DOCUMENTARY TRANSFER TAX $ 7•70 XX COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. CLTC/ Signature of Declarant or Agent determining tax. Firm Name N .4 a z QUITCLAIM DEED (CORPORATION) By this instrument dated March 1, 991 THE CITY OF NATIONAL CITY, a Municipal corporation (Escrow No , for a valuable consideration, do hereby remise, release and forever quitclaim to ROBERT JOHN RICHARDS and JOAN S. RICHARDS, husband and wife as joint tenants the following described Real Property in the State of California, County of City of National City San Diego The Westerly Ten feet of Lot 12 in Block 80, of National City, according to Map thereof No. 348, filed in the Office of the County recorder of San Diego County, October 2, 1887. THE CITY OF NATIONAL CITY BY: BY: MAYOR 7 QIITYYCLERK • STATE OF CALIFORNIA On MARCH 21 19 91 before me, the undersigned, a Notary Public in and for said SS. County and State, personally appearei_GEORGE-.H__.WATERS COUNTY OF and LORI--ANNE--$-EOP-LES known to me to be the MAYOR and CITY.._CLERK respectively of the Corporation that executed the within instrument an behalf of he Corporation therein named, an owledged to me that such Corporation executed the same. OFFICIAL SEAL DAYID L SHELDON Notary Public -California SAN DIEGO COUNTY My Comm. Bp. Sept 1, 1992 Notary's Signature MAIL TAX STATEMENTS AS DIRECTED ABOVE a!a m r■1FRrr^,F x SALE ESCROW INSTRUCTIONS TO: ESCROW NO: 120889-ct Commonwealth Land Title Company DATE: February 28, 1991 3333 Camino Del Rio South, Ste. 400 PAGE 1 OF 3 San Diego, CA 92108 Carol M. Thomas 563-5000 ESCROW DEPARTMENT MANAGER CASH TO COME PAID OUTSIDE TOTAL SALES PRICE S 5,000.00 S 2,000.00 S 7,000.00 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 March 21, 1991, TIME LIMIT FOR CLOSE OF ESCROW, 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: The westerly ten feet of Lot 12 in block 80, of National City, according to Map thereof No. 348, filed in the Office of the Cuonty Recorder of San Diego County, October 2, 1887. INSURING TITLE VESTED IN: Robert John Richards and Joan S. Richards, husband and wife, as joint tenants. SUBJECT ONLY TO: All (1991-92) 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. Escrow holder is in no way concerned with hazard insurance on subject property. B. There shall be no prorations made through this escrow. C. The property shall be conveyed by seller to buyer by way of a quit -claim deed. D. Buyer has handed seller the sum of $2,000.00 outside of escrow, receipt of which is hereby acknowledged, which $2,000.00 shall be applicable to the purchase price at the close of escrow. ** ** ** ** THE FOLLOWING ARE MEMORANDA TO THIS ESCROW WITH WHICH ESCROW HOLDER IS IN NO WAY CONCERNED OR LIABLE: 1. Buyer agrees to merge the subject property with adjacent property after the close of escrow. SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. 400 San Diego, CA 92108 563-5000 ESCROW NO: 120889-et DATE: February 28, 1991 PAGE 2 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER In addition to amounts set forth above, Buyer will hand you, before the time limit for close of escrow as set forth herein, funds in an amount to cover adjustments and prorations as set out above, Buyer's usual closing costs including but not limited to one-half escrow fee, lender's title insurance fees, drawing fees, normal recording fees, and fire insurance premiums, if applicable. 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 for close of escrow set out herein, instruments called for herein and all monies due, plus or minus the above proration and adjustments. From said monies, you are instructed and authorized to deduct and pay Seller's usual closing costs including but not limited to one-half escrow fee, drawing fees, normal recording fees, owner's title insurance fees, and required transfer tax. 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 Instructions" 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): Robert John Richards MAILING: 4643 Lawler Court, La Mesa, CA 92041 FORWARDING: 4643 Lawler Court, La Mesa, CA 92041 Joan S. Richards MAILING: 4643 Lawler Court, La Mesa, CA 92041 FORWARDING: 4643 Lawler Court, La Mesa, CA 92041 SELLER SIGNATURE(S): The City of National City BY BY: MAILING: 1243 National City Blvd., National City, CA 92050 FORWARDING: 1243 National City Blvd., National City, CA 92050 • SALE TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. San Diego, CA 92108 563-5000 ESCROW INSTRUCTIONS ESCROW NO: 120889—ct DATE: February 28, 1991 400 PAGE 3 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER GENERAL INSTRUCTIONS (1) Make all adjistrrrts and/or proration, if my, on the basis of a 30-day ninth. 10.02 OF ES(RU4" is the day irstrunts are recoraea. (2) Ary aenaent or sooleent to Mae instruction rust be in writing and deposited with war coaoam. be further vixrstaro your cowry 01a11 not de bored by any instructions unless in writing. (3) All finds received in this acres shad be deposited with other aura finds in a general acres accdut or rams of Caemweaith Laid Title Calory, with any State or National Bak, arc nay De trasferred to any otter such genera( escrow acurt or xco its. All disDuseoents shall be wade by ctedc on won amerd(s). (41 Yw are artherizd at irstncted to funish a copy of these instnrctiors. ay aewants thereto am/or final ciosirg statement to the Real Estate Broker representing any of the parties in this transaction, also to ay Lerner holding a cmtegiatirg a loan against the soject ormerty. (5) Recordation of any irstnaents delivered ttro* this escrow if necessary or prdar in the issnarce of the policy of title insurance called for, is authorized. (6) If you are the prevailing party in ay xtim a proceeding tetween you all sae or all of the parties to this escrow, yes shall be entitled to all costs, expenses. aid reaswaole attorneys' fees expended or ircurreo in connection therewith. If yes re rewired to respond to ay legal sums or proceedings rot imoiving breach or fault loan your part, the parties to this escrow jointly and severally agree to pay all costs, eweenes, and reasonable attorney's fees e:oeiaeo or tarred by you, at the parties further agree to indent you against all loss at coarse in the said action a prodding. (7) Time is of the es rte of these instructions. If a written demo to cancel is netted after the tine iiait for close of escrow, by ay princioal to this acres, you shall within trree (3) working days after your receipt of sae mail by certified wail ore cepy of nth rotice to each of the other principals at tte address stated in this escrow. Unless written (ejection thereto is filed in ywr office by a principal within fifteen (15) calerdar days after the date of soh ailing, Mare authorized to Caul this escrow. If written objection is filed with you, you are aphorized to hold ail bey am doaaents in this escrow ano tam ro father vial until othenrise directed, either by the principals' mutual written irstnstims or oy final order of a cart of competent jurisdiction. If ro such desert is made, close this escrow as soon as possible. You may return lender's papers ai/or funds tom lender's deem. (8) The principals hereto expressly agree that you, as escrow holder, have the absolute right at you elestia to file al xtim in interoleader in a tarn of competent jurisdiction rearing the principals to answer and litigate their several claims ad rights among these(ves am you are autrorized to deposit with the clerk of the cart all daunts and tuts held in this escrow. In the event nude action is filed, the principals jointly and severally agree to paf your cancellation oranges am costs, acumen and reasonable attorneys' fees which you are rewired to mad a incur in such irnterpiemer action, the amount thereof to be firm at juogent tote reared by the cart. Upon the filiro of such action, you shall thereupn he fully released aid discharged from ail dbligatiors to further perform any eddies or obligations otherwise imposed by the terms of this escrow. (9) If there is ro written activity by a principal delivered to this escrow within ay six -with period after the tine limit for close of escrow as set forth in the escrow instrctias or written emersion thereof, yotr agency IDligation soil terminate at your option an ail docents. monies or other items held by you shall be returned to the party depositirg sae, less fees arc auras herein provided. (10) YOU are not to be concerned with any westim of wry in any loan or ereubrace involved in the processing of this escrow and you are hereby released fro ay race sibility or liability therefor. (11) You are released fro and shall rye no liability, obligation or responsibility with respect to (a) withholding of finis pursuant to Section 1445 of the Internal Revenue Code of 1954 as dead, ad/or Sections 18805 and 26131 of the State of California Refine ad Tacatia Code (b) aaisirg the artier as to the realiments of srh Sectio ds), (c) determining whether the transferor is a foreigt person under soh Section(s), nor (d) obtaining a non foreign affidavit or other minim fro" withholding under sum Sectin(s) nor otherwise making any hairy careemirg capliarce with soh Section(s) by any party to the the transaction. (121 Parties herein acknowledge that effective July 1, 1985, pursart to a new state law (Section 4E0.3, R d T), ail deeds at other documents that reflect a dtaa in ownership in real property Mn presented far recording, mat te imapatied by a preliaimry &age of aeersnip report. If this report is not presented by buyer prior to the close of escrow, a is not capieted to the satisfaction of the Curdy Recorder, a acditioa( recording fee of $20.00, as rewired by law, will te charged by the tarty recorder, (ad in such event escrow holder will charge hryer's accent accordingly), the conty recorder will then form rd such fon to tuyer for mepletia fol iowirg recordation am tte failure of buyer to comply with reauests pursuit to said charge of onerinip report may result in aditiorml fires/penalties payable to the minty in which the ormerty is located. (13) A.B. 512/Irsuame Code Section 12413.1, became effective Javary 1, 1990 and places certain restrictions a title insane companies, controlled escrow manes ad underwritten title mepaties, Moth may tale an effort n tte ciosirg of your escrow de to natatory hold arias/tie 1 imitatias is used on deposits of decks and/or finding instnm pis. Meriting periods have been estdlishd which re in MOST cases 1 to 1 busiress days after the business date m wninh the aedc/irstnant is deposited into our xmunt. If you escrow transaction cantenolates the usage of a type of d¢ it aura fin irg instnaem, incitdirg any lender's funs, which nay to stbject to amid serid. pleas contact your escrow officer as soon as possible to avoid delays in closirg your escrow. Alterative metion of funds, including electronic payments. SW be suggested.