HomeMy WebLinkAboutCC RESO 12,185RESOLUTION NO. 12,185
A RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE
ON BEHALF OF THE CITY PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS FOR PUBLIC RIGHT-
OF-WAY AND ACCEPTING CONVEYANCE OF SAID
RIGHT-OF-WAY
(Orange Avenue Extension)
WHEREAS, the City will extend Orange Avenue northerly
of 14th Street in National City, and
WHEREAS, said extension requires the acquisition of
private property for public purpose as described on the
attached Exhibit 'A'.
NOW, THEREFORE, be it resolved by the City Council of
the City of National City that:
Section 1. The City Manager is hereby authorized
to execute that certain Purchase Agreement and Escrow
Instructions for the acquisition in fee of all that
real property described in Exhibit 'A' attached
hereto.
Section 2. The City hereby accepts the conveyance
of right-of-way described on 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 Instruct-
ions are on file in the Office of the City Clerk and reference
is made herein for all particulars contained therein.
PASSED AND ADOPTED this 9th day of November, 1976.
ATTEST:
f CITY CLE
Parcel -4 as shown on _ Parcel_ Map filed in Book of Parcel
_Maps on Page _4308,.in, _the _office of- the _County Recorder-
of San Diego ounty -on--December 15_ 1975, being -a :portion
of the Southerl -A. 2 of -`the Fasted -3 2 -of- the -North -
- east 1/4-of the Easte y_ --11-2-of-: -Arm Lot_-2 in 1/4
Section=a29-of -Rancho- de is Iac on-, - n=-t-he City of
National City, ---County -of San --Diego, State f--California,
according to Map thereof No Z55,_filed May=11. 1869.
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Propivory
!V 166 - RANDO DE LA HACION - PO GUARTER SEC 129
EXHIBIT "A"
After recording Mail To:
City of National City
Civic Center
1243 National Avenue
National 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
GRANT- DEED
FORA. VALUABLE CONSIDERATION; D.M.D. DEVELOPMENT COMPANY;=A
Limited -Partnership
-
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:
Parcel 4 as shown on -Parcel Map filed in Book of Parcel
MapsonPage 4308, in the office of the County Recorder
of San Diego --County- on December 15, 1975, being aportion
of the Southerly 1/2 of the Easterly 1/2 of the North-
east 1/4 of the Easterly 1/2 of 80 Acre Lot 2 in 1/4
Section 129 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 May 11, 1869.
Dated
November 3, 1976
Witness to the signature(s) of
By
STATE OF CALIFORNIA
COUNTY OF
ss.
SAN DI EGO
On N.O:VEMBER...3 RD,-...1976
before me, the undersigned, a Notary Public in and for
said County and State, personally appeared
JOHN R. MENARD
.RAYMQND R. DU.KE.
known to me to be the person(s)-whose name(s) is (are)
-•::uunununnm
subscribed- to the with ... nstruz p(C4 id stkuowledged that
tejtIeli.atE.V. MARTINEZ
NOTARY PUBLIC-CAL.'FORNIA
(Seal()
RINGIFEAL OFFICE IN
Dt r- ^OUNTY
= xxtt 155i6.9-l 19.77 = _
nnnuuuwnwni �dA51%a,TYm6tdriSunBminEl'�uunnuwwnuwim
LUCILLE V. MARTINEZ
("His name (notary's) shall be typed or legibly printed")
(Sec. 8205 - Government Code 1959)
Misc.-166 (Rev. 2-60) (G.S.) Ack. General (Photo Form)
2-17-60 (8 pt.)
D.M.D. DEVELOPMENT COMPAN
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
�c % . and the Grantee consents to the recorda-
tion thereof by its duly authorized officer.
National City Engineering Dept. No. 3 42 3
Ref..D/i-r4Q17 Lm )¢+h C1Joera)
By Date 41L.4176 Ckd. Date
RE-2 — 5-74
Project Parcel No.
CITY OF NATIONAL CITY
Project Identification Orange Avenue Extension
Seller D.M.D. Development Co.
Land Title Report No. Lit. Guarantee 302263-R A Limited Partnership
Land _Title-- Escrow No.
PURCHASE _AGREEMENT ANDESCROW-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 -DM $--Development=C4fftpany,
A Limited Partnership
owner(s) of the real property hereinafter described (herein referred to as
"Seller") agree(s) to sell upon the terms and for the consideration set forth in
this agreement, all that certain real property described as follows:
Parcel 4 as shown on Parcel Map filed in Book of Parcel
Maps on Page 4308, in the office of the County Recorder
of San Diego County on December 15, 1975, being a portion
of the Southerly 1/2 of the Easterly 1/2 of the North-
east 1/4 of the Easterly 1/2 of 80 Acre Lot 2 in 1/4
Section 129 of Rancho de la Nacion, in the City of
National City, County of San Diego, State of California,
according to Map thereof No. 166, filed May 11, 1869.
The parties hereto designate the Land Title Insurance Company, 1330 Fourth
Avenue, San Diego, California 9?10 las their escrow agent and hereby instruct their
agent as follows:
1. Purchase Price:- The total purchase price shall be the sum of
Seven Thousand Seven Hundred and No/100 Dollars
($ 7,7 00.00
), payable in cash through escrow.
City 5/74
2. Conve
property free
ance of Title: The Seller agrees to convey the described real
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 or rights -of -way over said land for street purposes.
c. Item 3 of "Exceptions" Land Title Co., Litigation No. 302263-R, dated
4/15/1976
3. Title Insurance -Policy: Unless -instructed otherwise the escrow agent
shall, fofowing recording of -the deed to Buyer, provide- Btiyer with-a-CLTA=Standard-
Coverage Policy of Title Insurance in the amount of the purchase price of the real
property issued by Land Title Insurance 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
Buyer for 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: A11 real property taxes XT/are not (delete one)
to be prorated as of the date the Deed(s) is (are) recorded.
a.- In the eventofdelinquent 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.
8. Common Escrow Account: All funds received in this escrow shall be
deposited with other escrow funds in a general escrow account or accounts -of
LAND TITLE INSURANCE COMPANY.
-2-
(. c
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. Authorit
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 Costs: 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 instructsthe 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
all rentals and leases on a form furnished to it by Buyer within fifteen
(15) days of execution hereof. Copies of written leases and rental
agreements should be attached.
-3-
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
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 damage 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
which is considered to be personal property is not within this contract
and said property remains that of the Seller, who shall have the right to
transfer or otherwise dispose of the same, subject to the following
conditions:
(1) Tenants occupying the subject premises may continue the
use of furniture and fixtures then being used by them until the
tenant vacates said 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 ithout limit or liability._
(4) ris-k'of-_loss-or_-damage to maid-furniture=and=fixtures---
shah remain that of the Seld er
{5) = T -use=off said urn Buie and= �xtazres by-saa =tenants—
shall be without arty=payments therefore by he_ -tenants -to_ the Sel l er,
or-by=the=-Buyer-to- the Seller. _
- 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 to Buyer 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 subjectpropertyby
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. Agreement Binds Successors: This agreementshallbe binding upon
and inure to the benefit of the heirs, assigns, executors, personal
representatives, and successors in interest of the parties hereto. It is
expressly understood that the ==Buyer -may assign any--or-.all of its;rights_under
this agreement, and Sellerwillrecognize such assignee as standing in the
place of the Buyer hereto.
i
1
i. Other 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..
j. Responsibility for Street Improvements: The City shall
be responsible for all costs incurred in connection with the
construction of the proposed "Orange Avenue." The -location o
Orange Avenue shall be as shown on the City's adopted "Specific---
Plan" for said street..
17. Disbursement: Proceeds of this escrow may be disbursed y
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.
(Owr}r
IN WITNESS WHEREOF, the parties have executed this agreement on the
rd day of /VokFn,Lat , 197/. .
2„,,z1
(Owner)
(Owner)
Mailing address of Seller:
9� s ( i
CITY OF NATIONAL CITY
1243 National Avenue
National City, California 92050
(714) 477-1181, EXT. 55
By:
(Buyer)
Prepared by:
/77
41,4)V
onald L. Ballard
Real Property Officer
- 6