HomeMy WebLinkAboutCC RESO 12,696RESOLUTION NO. 12,696
A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
EXECUTION OF A PURCHASE AGREEMENT AND ESCROW
INSTRUCTIONS FOR ACQUISITION OF REAL PROPERTY AND
ACCEPTING CONVEYANCE OF SAID REAL PROPERTY (EUCLID
AVENUE EXTENSION)
WHEREAS, the City intends to construct and
extend Euclid Avenue, and
WHEREAS, said construction and extension
requires the acquisition of private real property for
public purposes as described on the attached Exhibit
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NOW, THEREFORE, be it resolved by the City
Council of the City of National City that:
Section 1. The Assistant to the City Manager
is hereby authorized to execute
that certain Purchase Agreement
and Escrow Instructions for the
acquisition in fee of all this
real property described on the
attached Exhibit "A".
Section 2. The City hereby accepts conveyance
of the real property described in
said Exhibit "A" and authorizes
and directs the City Clerk to
execute a certificate of acceptance
and record the conveying instrument.
A copy of said Purchase Agreement and 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 4th day of April, 1978.
ATTEST:
* * * EXHIBIT "A" * * *
All that portion of Quarter Section 107, Rancho De La Nacion, per Map
thereof Number 166, on file in the Office of the County Recorder of
San Diego County, California, May 11, 1869, described as follows: Commen-
cing at the Northwesterly corner of said Quarter Section 107; Thence
South 18° 59' 30" East, along the Westerly line of said Quarter Section 107,
30 feet; Thence North 70° 52' 30" East, 40 feet to the TRUE POINT OF BEGIN-
NING; Thence South 18° 59' 30" East, 204.70 feet; Thence South 70° 52' 30"
West, 40 feet; Thence South 79° 01' 30" East, 67.83 feet to a point on
a 459 foot radius curve, concave Easterly, a radial line bears North 80°
51' 20" East; Thenoce Northwesterly along the arc of said curve, through a
central angle of 8 09' 42" a distance of 65.38 feet to a point of cusp
with a 663.63 foot radius curve, concave Westerly; Thence Northerly along
the arc of said curve, through a central angle of 14° 37' 40" a distance
of 169.43 feet to a point of cusp with a 10 foot radius curve, concave
Southeasterly; Thence Northerly and Northeasterly along the arc of said
curve, through a central angle of 86° 29' 08" a distance of 15.10 feet;
Thence South 70° 52' 30" West, 75.80 feet to the TRUE POINT OF BEGINNING.
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CITY OF NATIONAL CITY
Project Identification Euclid Avenue Extension
Project Parcel No. South of 16th Street
Title Report No.
Title Escrow No.
Seller
Jerry J. Mitchell
William A. Robinson
'PLIRCHASE'AGREEMENT' AWD ESCROW INSTRUCTIONS
' These escrow instructions constitute an agreement by which the CITY OF
NATIONAL CITY, a municipal corporation, County of San Diego, State of California,
(hereinafter called "Buyer") agrees to purchase and Jerry J. Mitchell
and William A. Robinson
owner(s) of the real property hereinafter described (herein referred to as
"Seller") agree(s) to sell upon the terms and for the consideration set forth in
this.agreement, all that certain real property described as follows:
All that portion of Quarter Section 107, Rancho De La Nacion, per Map
thereof Number 166, on file in the Office of the County Recorder of
San Diego County, California, May 11, 1869, described as follows: -Commen-
cing at tdhe Northwesterly corner of said Quarter Section 107; Thence
South 18 59' 30" East, along the Westerly -line of said Quarter Section 107,
30 feet; Thence North 70° 52' 30" East, 40 feet to the TRUE POINT QF BEGIN-
NING; Thence -South 18° 59' 30" East, 204.70 feet; Thence South 70 52' 30"
West, 40 feet; Thence South 79° 01' 30" East, 67.83 feet to a point on
a 459 foot radius curve, concave Easterly, a radial line bears North 80°
51' 20" East; Thence Northwesterly along the arc of said curve, through a
central angle of 8 09' 42" a distance of 65.38 feet to a. point of cusp
with a 663.63 foot radius curve, concave Westerly; Thence Northerly along
the arc of said curve, through a central angle of 14° 37' 40" a distance
of 169.43 feet to a point of cusp with a 10 foot radius curve, concave
Southeasterly; Thence Northerly and°Northeasterly along the arc of said
curve, through 8 central angle of 86 29' 08" a distance of 15.10 feet;
Thence South 70 52' 30" West, 75.80 feet to the TRUE POINT OF BEGINNING.
FOR STREET PURPOSES
2. Conveyance of Title: The Seller agrees to convey the described real
property free and clear of all (recorded and unrecorded) liens, encumbrances, bonds,*
assessments, easements, leases and taxes, except:
a. Lien for taxes not yet -due and payable.
b. Easements of rights -of -way over said land for street purposes.
c.
d.
e.
f.
g-
3. Title Insurance Policy: Unless instructed otherwise the escrow agent
shall, following recording of the deed to Buyer, provide Buyer with a CLTA Standard
Coverage Policy of Title Insurance in the amount of the purchase price of the real
property issued by Terra Title
Company showing the title to said real
property vested in Buyer subject only to the exceptions set forth in Paragraph 2
and printed exceptions and stipulations contained in said policy. You shall charge
Buyerjor said policy.
4. Deposit of Documents: The Seller has executed and handed a deed to
- the Buyer, which deed is to be deposited into the escrow on the Seller's behalf.
Seller agrees to deposit with -the escrow agent any additional instruments as are
necessary to close escrow pursuant.to these instructions.
5. Insurance Policies: Insurance policies for fire or casualty are not
to be transferred and the Seller will cancel his own policy.
6. Proration of Taxes: All real property taxes are/are not (delete one)
to be prorated as of the date the Deed(s) is (are) recorded.
a. In the event of delinquent taxes, escrow is hereby instructed to
pay and charge the Seller for any delinquent taxes, and any penalties and interest
thereon. If instructed and if the current taxes are a lien not yet due and payable,
then you shall prorate said taxes based on latest information available.-
7. Closing Escrow: Disburse funds and record and deliver deed when
conditions of this escrow have been fulfilled by the Buyer and the Seller.
9. Adjustments and Proration: All adjustments or prorations are to be
made on a basis of 30-day month, except taxes are prorated on a 360 day year.
10. Authority to Record: Recordation of any instruments delivered through
this escrow is authorized, if necessary or proper in the issuance of said policy
of title insurance. All instruments of conveyance to the City of National City
shall contain certification of acceptance as required by State law.
11. Breach of Contract: Time is of the essence of these instructions..
If this escrow is not in condition to close within 120 days from date of execution
of these instructions, any party who then shall have fully complied with his
instructions may, in writing, demand the return of his money or property; but if
none have complied, no demand for return thereof shall be recognized until five
days after the escrow holder shall have mailed copies of such demand to all other
parties at their respective addresses shown in the escrow instructions, and if any
written objections are raised within said five-day period, escrow holder is authorized
to hold all papers, documents or funds until instructed by a court of competent
jurisdiction or mutual instructions. If no demands are made, close this escrow as
soon as possible.
12. Instructions in Writing: All instructions, including any amendment
of, or supplement to, any instructions.must be in writing.
13.. _ _ :Escrow Fees, Charges and C-osts : --You shall pay and -charge to Buyer
- all fees, charges and costs which arise in the escrow except that the Seller agrees
to pay the following charges:
a. Fees necessary to place title in the condition necessary to
satisfy paragraphs 2 and 3, page 2 of this agreement including but not
limited to prepayment penalties, reconveyance fees and recording fees.
14. Release of Seller's Statement: Seller instructs the escrow holder
to release copy of Seller's Statement to the Buyer, for purposes of ascertaining
Seller's entitlement to certain refund of charges made to the Seller.
15. Rental Statements and Proration of Rents: The Buyer and Seller
further agree as follows:
a. Rental Statements: Seller will execute a current statement of
b. Prorate of Rent: Rents will be prorated as of the date of
recording deeds, pursuant to the Seller's rental statement, and after written
confirmation of said statement by Buyer.
16. Further Agreement Between Buyer and Seller With Which The Escrow
Agent Is In No Way Concerned:
a. Seller retains Occupancy: In the event that Seller resides and
occupies any portion of the real property at the time this agreement is
executed, Seller may retain such occupancy, rent-free, for the balance
of the month in which the deed is recorded transferring title to the
Buyer.
In the event Seller occupies, as a business, any portion of the
real property at the time this agreement is executed, Seller may retain
such occupancy, rent-free, for the balance of the month following the
date of recording of the deed transferring title to the Buyer. Rent
shall accrue, at an agreed upon rate on the first day of the month
following close of escrow and recordation of deeds.
b. Permission to Enter: Seller grants to Buyer and its agents
permission to enter upon the subject premises at all reasonable times,
during the pendency of escrow, for the purpose of making any inspections
deemed necessary by the Buyer.
c. Possession of Premises: Buyer shall have the right of permanent
possession of the premises upon the recording of Seller's deed. Any
possession beyond the date of deed recordation by the owner or his
tenant shall be by written agreement between the occupant and the
buyer (City).
d. Risk of Loss: The risk of loss or daiaage to the real property,
or any improvements or personal property thereon, occuring prior to the
recordation of the Seller's deed, shall be that of the Seller.
e. Personal Property Not Included: Any property on the premises
(2) Within thirty (30) days after notice thereof, the Seller
shall remove said furniture and fixtures from premises vacated
by said tenants.
(3) Furniture and fixtures not removed by Seller within ten (10)
days after notice to act'shall become the property of Buyer, who
may deal with said furniture and fixtures without limit or liability.
(4) The risk of loss or damage to said furniture and fixtures
shall remain that of the Selier.
(5) The use of said furniture and fixtures by said tenants
shall be without any payment therefore by the tenants to the Selier,
or by the Buyer to the Seller.
f. Dismissal of Eminent Domain Action: Seller consents to the
dismissal of any eminent domain action against the subject property, and
waives any claim to attorneys' fees, costs or expenses incurred in
connection therewith; and Seller agrees to execute any and all documents
presented to it which are necessary to accomplish the dismissal of said
action.
g. Seller's Warranty of Accurate Rental Statement: Seller warrants
that the rental statement made by it toBuyer is true and correct, and that
there are no oral or written leases affecting the subject premises except
as are set forth in Seller's rental statement. Seller agrees to save
Buyer harmless and free from and against any and all losses and expenses
occasioned by reason of any such undisclosed lease, and to indemnify Buyer
from the same.
Seller further warrants that it will pay all costs of supplies,
labor and expense incurred in the operation of the subject property by
the Seller up to the date that Seller's deed is recorded, and Seller
agrees to indemnify, save harmless and keep Buyer free from any and all
losses and/or expenses relating to or caused by Seller's operation of the
said premises.
h llnraamant Rindc ciirrPccnrc. Thic anri:.amant cha11 ha hindinn iinnn
i. 0ther Benefits Payable: This contract relates to the sale of
real property only, and does not relate to or affect any other benefits to
which the Seller may be entitled, such as relocation benefits.
17. Disbursement: Proceeds of this escrow may be disbursed by your check
payable to the parties as their names are signed hereon, and your checks and
documents may be mailed to the addresses set forth in these instructions.
IN WITNESS WHEREOF, the parties have executed this agreement on the
day of
(Owner)
(Owner)
--�
(Owner)
(Owner)
, 19
CITY OF NATIONAL CITY
1243 National Avenue
National City, California 92050
(714) 477-1181, EXT. 55
By: .
(Buyer)
Mailing address of Seller: Prepared by:
Ronald L. Ballard
Assistant to the
City Manager
Tr-14
} SS.
before me, the undersigned, a Notary Public in and for said
Individual Acknowledgment
STATE OF CALIFORNIA
LtNTY OF ScuVx E)I
Q ( /97k
County and State, personally appeared
GiQit tc..arye (�.
known to me to be the person S
acknowledged that Y�4i executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
whose name S subscribed to the within instrument and
Notary Seal
. i_:/ It. 13:ij'3
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After recording Mail To:
City of National City
Civic Center
1243 National Avenue
Nation<d City, California 92050
Attn: City Clerk
recording requested by City of National City
no documentary tax due, per Revenue and
Taxation Code 11922 (amended)
This space for recorder's use
GIDEED
FOR A VALUABLE CONSIDERATION,
JERRY J. MITCHELL and KATHERINE PEPPER MITCHELL, husband and wife; AND
WILLIAM A. ROBINSON and ELAINE LOUISE ROBINSON, husband and wife
HEREBY GRANT(S) to the City of National City, a municipal corporation, in the County of
San Diego, State of California; all that real property situated in the City of National City,
County of San Diego, State of California, described as follows:
Dated
EXHIBIT "A" attached hereto and made a part hereof:
April 13, 1978
Witness to the signature(s) of
By
Je Mithe
' Eher� pe
Wil• fa
2
* 1 C t,-). C1insoQ n) ( ob VYI 3
ain� R } l
STATE OF CALIFORNIA )
) SS.
• [� �) COUNTY OF SAN DIEGO. 1 C /
On this ..i 1�h day of -.{,�"�'�'�. , 1977 .s , before the
undersigned, a Notary Public in an for or the County of San Diego, State of
CQliforniaf residing therein, duly commissioned nd sworn, personally appeared
)Q cY 3".....41,._1-cke.r1_, p3`tflte2x.�'e
ff tAli'i-e�aff .°A.I Pin
personally krown to me to' be the person whose name is subscribed to the
within instrument as a subscribing witness thereto, by me being duly sworn,
deposed and said that he resides in said County of San Diego, State of
California; that±heywas present and saw
.A..I" o- Psbo.)�_
personally known by him to be the same person described in and whose
names) subscribed to the within instrument as party/parties thereto sign and
execute the same and that he, the affiant, then and there subscribed his
name to the within instrument as a witness.
IN WITNESS WHEREOF, 1 have he eunto set my hand and ofjl'a)ed my Offf4ial
Seal the day and year in this cer fyedte first abq) writt
SEAL Notary Public in and for
the said County and State
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in Real Property con-
veyed by this instrument to the City of National City, a
municipal corporation is hereby accepted by order of the
City Council per Resolution No. % Y.. .. . ........ dated
G `{ ?-7?yand the Grantee consents to the recorda-
tion thereof by its duly authorized officer.
Dated (rs.R1 a..Lqe7
National City Engineering Dept. No. 4: 4-3
Ref. CC(fl t� el' 76 14
By Date -14J1c/ 7kd. Date
RE-2 — 5-74
LIX:AL rh;.O21I'TIOII
Olii)ER NO. 780559-S
All that portion of Quarter Section 107, RAN(1K) DE IA IIRCION, per Map thereof
Nuher 166, en file in the Office of the County Recorder of San Diego County,
California, May 11, 1869, described as follows: .
CaTrencing at the Norths2sterly comer of said Quarter Section 107; thence South
18° 59'30" East, along the Westerly line of said Quarter Section 107, 30 feet;
thence North 70°52'30" East, 40 feet to the TRUE POINT OF LLGIIENIIJG; thence South
13°59' 30" East, 204.70 feet; thence South 70°52' 30" West, 40 feet; thence South
79°01' 30" i'.,st, 67.83 feet to a point on a 459 foot radius curve, cxxicave Easterly,
a radial line bears North 80°51'20" East; thence Ilortl.. sterly along the arc of
said curve, through a central angle of 3°09'42" a distance of 65.38 feet to a
Dint of cusp with a 663.63 foot radius curve, concave Westerly; thence: Northerly
along the arc of said curve, through a central angle of 14°37'40" a distance
of 169.43 feet to a point.of cusp with a 10 foot radius curve, concave Southeasterly;
thenNortherly and Northeasterly along the arc of said curve, through a central
angle of 86°29'08" a distance of 15.10 feet; thence' South 70°52'30" 1.'est, 75.80
feet to the TRUE POINT OF BEGINNING.
4/13/73
SC/van