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HomeMy WebLinkAboutCC RESO 11,870RESOLUTION NO. 11,870 A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF THE CITY PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS, A QUITCLAIM DEED FOR THE CONVEYANCE OF CERTAIN EXCESS RIGHT-OF-WAY, A QUITCLAIM DEED SURRENDERING AN ABANDONED SEWER EASEMENT AND ACCEPTING CONVEYANCE OF RIGHT-OF-WAY (Grove Street, Estate of Hetty 0. Foaner, Engineering numbers 2756 and 2760) WHEREAS, THE City is proceeding to construct Grove Street from loth Street to Plaza Boulevard, and WHEREAS, said construction requires the acqui- sition of certain rights -of -way and renders certain exist- ing rights -of -way as surplus to the City's needs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that: 1. The Mayor is hereby authorized to sign on behalf of the City, a Purchase Agreement and Escrow Instructions providing for the conveyance of certain real property to the City for right-of-way (Grove Street) and the conveyance of certain interests in real property considered surplus to the City's needs to the Estate of Hetty O. Foaner. 2. The Mayor is hereby authorized to execute all deeds and documents as required in the above Purchase Agreement and Escrow Instructions. 3. The City hereby accepts the conveyance of Grove Street right-of-way (Engr. No. 2760) and authorizes and directs the City Clerk to execute a Certificate of Acceptance and record the conveying instrument. 4. This Resolution is effective upon the seller, Estate of Hetty O. Foaner, obtaining authorization to execute above documents from the appropriate probate jurisdiction, Superior Court, County of San Diego. A copy of said Purchase Agreement and Escrow Instructions are on file in the Office of the City Clerk and reference is hereby made to all particulars contained therein. PASSED AND ADOPTED this 7th day of October, 1975. ATTEST: CITY OF NATIONAL CITY Project Identification Grove Street Extension Project Parcel No. Seller Land Title Report No. 291618-R Land Title Escrow No. PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS These escrow instructions constitute an agreement by which the CITY OF NATIONAL- CITY, a municipal corporation, County of San Diego, State of Calif- ornia, (hereinafter called "Buyer" and/or "City") agrees to purchase and Estate of Hetty O. Foaner 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: That portion of the Northwest Quarter of the East Half of 80 Acre Lot 2 in Quarter Section 129 of the Rancho de la Nacion according to the Map thereof No. 166 by Morrill filed in the office of the Recorder of said County on May 11, 1869 described as follows: Beginning at the Northeast corner of the South Half of the Northwest Quarter of the East Half of said 80 Acre Lot 2; thence along course "A" as described in deed to City of National City recorded September 26, 1958 in Book 7273 at page 295 of Official Records of said County, South 45°31'37" West 89.09 feet; thence at right angles South 44°28'23" East 10.00 feet to the beginning of a tangent 140.00 foot radius circular curve concave Westerly; thence along the arc of said curve through a central angle of 26°47'22" a distance of 65.46 feet; thence tangent to said curve South 17°41'01" East 149.09 feet to the beginning of a tangent 40.00 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 89°40'12" a distance of 62.60 feet to the point of tangency with a line 30.00 feet North- erly of and parallel to the Southerly line of said Northwest Quarter of the East Half; thence along said parallel line North 71°59'11" East 99.77 feet to the intersection with the Easterly line of said Northwest Quarter of the East Half; thence along said Easterly line North 17°41'01" West 300.69 feet to the point of beginning. TOGETHER WITH all that portion of the Northwest one quarter of the East Half of 80 acres Lot 2 of Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No.• 166 on file in the office of the Recorder of said County, described as follows: COMMENCING at the Southwest corner of said Northwest one quarter; thence Easterly along the Southerly line thereof a distance of 396 feet to the POINT OF BEGINNING; thence Northerly along a line at right angles to said Southerly line to an intersection with the Westerly line of Paradise Drive; thence Southerly along the said Westerly line of Paradise Drive to the said Southerly line of the Northwest one quarter; thence Westerly along said Southerly line to the point of beginning. (For purposes of identification in this agreement this property shall be referredto as "Grove Street") Containing approximately 18,040 square feet. The parties hereto designate the Land Title Insurance Company, 1330 Fourth Avenue, San Diego, California 92101 as escrow agent and hereby in- struct the agent as follows: 1.a. Purchase Consideration: The total purchase price 1 of 7 shall be the sum of Forty-five thousand and No/100 Dollars ($45,000.00) payable as follows: Cash consideration, payable through escrow $20,000.00 Non -cash considerations: Closure and conveyance of Paradise Drive $25,000.00 Rough grading by the City of property owned by seller Nil Relinquishment and conveyance of sewer easement Nil License to cover existing drainage channel Nil TOTAL $45,000.00 b. Terms of Non -Cash Considerations (1) Conveyance of Paradise Drive. The City hereby agrees to convey by quitclaim deed that portion of Paradise Drive more particularly described on the attached Exhibit 'A' made a part hereof. It is understood and agreed by the parties that the value of this property as applied to this transaction is twenty-five thousand dollars ($25,000.00). Said quitclaim deed shall be deposited into escrow. (2) Rough grading by the City of remaining property owned by the seller. The City hereby agrees to rough grade the remaining portion of the seller's property (including Paradise Drive) to acceptable grade elevations compatible with existing or proposed rights -of -way. Grading shall be accomplished pursuant to a grading plan prepared by the City Engineer. The decision of the City Engineer regarding the grading plan shall be final. It is understood and agreed by the parties that all excess soil resulting from said grading shall become the property of the City of National City and the seller hereby grants all license and permission to the City for removal and grading. Rights to said soil by the City shall be compensation and consideration for all grading performed pursuant to this section. Said grading shall be completed not later than the installation of Grove Street (Plaza Boulevard to 14th Street) or July 30, 1976 whichever is earlier. (3) The City hereby agrees to surrender by quitclaim deed that certain easement for sewer purposes as granted to the City of National City by deed recorded August 22, 1946 in book 2222, Page 92 of official records. (4) The City hereby agrees to grant a license to cover the existing open drainage channel adjoining seller's pro- perty on the north including that portion to be conveyed as identified in Exhibit 'A' attached hereto. Said license will be effective upon the seller obtaining a permit from the City of National City in accordance with standard procedures and require- ments of the City of National City in effect at the time of appli- cation. Upon installation and completion of said construction in accordance with said permit, plans, specifications and conditions the City will grant an easement over said drainage channel for ingress, egress and for vehicular parking and other moveables thereon, meaning other items not affixed. It is expressly understood and agreed that the escrow agent is in no way concerned with the provisions of this subsection 1, b and that escrow may close as soon as all other provisions of this agreement have been fulfilled pursuant to section 7 hereof. 2. Conveyance of Title: The Seller agrees to convey the described Grove Avenue real property free and clear of all (recorded and unrecorded)liens, encumbrances, 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. 2 of 7 c. Easements or rights -of -way over said land for public utility purposes. The buyer (City) agrees to convey the property described in the attached Exhibit 'A' (Paradise Drive) free and clear of all (recorded and unrecorded) liens, encumbrances, assessments, easements, leases and taxes except: a) An easement or right-of-way conveyed to Kimball Brothers Water Company by deed dated June 9, 1869, recorded in Book 7, Page 124 of deeds. 3. Title Insurance Policy: The escrow agent shall, follow- ing 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 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 stipu- lations contained in said policy.. You shall charge Buyer for said policy. At his option and at his expense, the seller may obtain a policy of title insurance for any property involved in this trans- action and shall in writing so advise the escrow agent. 4. Deposit of Documents: The Buyer and Seller will execute and hand a deed to the Buyer conveying Grove Street property described herein upon award by the City of National City of a contract for the improvement of said Grove Street. Award of contract by the City of National City for the construction of Grove Street will occur not later than July 30, 1976. Said 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. Buyer will deposit all necessary documents upon demand by the escrow agent. Seller presently demands buyer forthwith to deposit deed to Paradise Drive. 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 not 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 in- structed, and if the current taxes are a lien not yet due and payable, then you shall prorate said taxes based on latest information available. 3 7 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. 9. Adjustments and Proration: All adjustments or prorations are to be made on a basis of 30-day. month 360 day year. 10. Authority to Record: Recordation of any instruments delivered through his escrow is authorized, if necessary or proper in the issuance of said policy 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 holdall 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 o pay the following charges: a. Fees necessary to place title in the condition necessary to satisfy paragraphs 2 and 3, page 3 of this agreement including but not limited to prepayment penalities, reconveyance fees and recording fees. b. Any delinquent or non -delinquent assessments or bonds against the property. c. Recording or incidental fees incurred as a result of any con- veyance by the City to the Seller. Such fees include but are not limited to recording fees. 4 of 7 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 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. -b. Prorate of Rent: Rents will be prorated as of the date of recording deeds, pursuant to the Seller's rental statement, and after confirmation of said statement by Byer. 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). 5 of 7 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 without limit or liability. (4) The risk of loss or damage to said furniture and fixtures shall remain that of the Seller. (5) The use of said furniture and fixtures by said tenants shall be without any payment therefore by the tenants to the Seller, or by the Buyer to the Seller. f. Dismissal of Eminent Domain Action: Seller consents to the dismissal with prejudice 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 the 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. 6 of 7 - r 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. Agreement Binds Successors: This agreement shall be 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 Seller will recognize such assignee as standing in the place -of the Buyer hereto. 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., except as to other matters herein set forth. j. Construction of Grove Avenue. The City hereby agrees that the construction of Grove Avenue will be accomplished without assessment for any portion of its cost to the Seller. 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 .,fv�-x,u , 19'/S—. v,,; _7--7i` z CITY OF NATIONAL CITY (Owner) 1243 National Avenue f �C1- 'L.—National City, California 92050 (714) 477-1181, EXT. 55 trier) (Owner) (Owner) By: (Buyer) Mailing address of Seller: Prepared by:. Ronald L. Ballard Real Property Officer 7 of 7 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 GRAN' DEED FOR A VALUABLE CONSIDERATION, 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: All that portion of the Northwest one quarter of the East Half of 80 acres Lot 2 of Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the office of the Recorder of said County, more particularly described on the attached Exhibit 'A'. "This Deed is made, executed and delivered pursuant to an order of Court dated , entered in Case No. , Superior Court of the State of California, in and for the County of San Diego, a copy of -which is recorded concurrently herewith." Dated Witness to the signature(s) of By STATE OF CALIFORNIA COUNTY OF SAN DIEGO } SS. On October 31, 1975° ))) before me, the undersigned, a Notary Public in and for said County and State, personally appeared Samuel L. Finkel, Administrator , known to me to be' the.--pers —\ w name 1S subscribed to the within instiunieent and ack�r' rwledget\hat he executed the same. Sig arum— "{".. �� f �Aata`Pubbjc jrfor-said County and State FOR NOTARY SEAL OR STAMP J. PRICE NOTARY PUBLIC Principal Ofiice, San Diezo Co. Calif. My Commission Expires April 30, 1976 National City Engineering Dept. No. G--1. (4:4CI` Ref. 7t1R...t916 sT• By Date Ckd. Dr . Date .5. jz81.15 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 FOR A VALUABLE CONSIDERATION, 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: All that portion of the Northwest one quarter of the East Half of 80 acres Lot 2 of Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the office of the Recorder of said County, more particularly described on the attached Exhibit 'A'. "This Deed is made, executed and delivered pursuant to an order of Court dated , entered in Case No. , Superior Court of the State of California, in and for the County of San Diego, a copy of -which is recorded concurrently herewith." Dated Witness to the signature(s) of By f- c STATE OF CALIFORNIA COUNTY OF SPAN DIEGO. 1 SS. 31st. day of October 74 75 before the td, o Nctory Public in and for the County of San Diego, State of 1 residing therein_ duty commissioned and sworn, personally cppeared el L. Finkel, Administrator krown to re to be the person whose name is subscribed to the filament cs o subscribing witness thereto, by me being duly sworn, td soid that he resides in said County cf San Diego, State of that he was present cnd sow known by him to be the same person .. _ described in and whose ,scribed to the within instrument as party. parties thereto sign and t same and that he, the affiant. then and there subscribed his within instrument as a witness. WHEREOF, 1 hove hereunto set my hand and affixed my Official f and year in this certificate first above written. AL Notary Public in and for the said County and State CERTIFICATE OF ACCEPTANCE This is to rertify that the interest in Real Property con- veyed by this instrjr_;e7tt1 tr tho,City of National City, a municipal corporyfip;s hereby accepted by order of the City Council per.Ziesolution No. L4.. 70 dated :and the Grantee conse' is to the recorda- • tion thereof by Its duly authorized officgF • V . • Dated _ .yf.6:./7s� National Z: City Engineering Dept. No. Z(ao // Ref. C�R.C3dEs By Date Ckd.7.1-.›,R. Date 51*.7I5 EXHIBIT 'A' (Grove Street) Beginning at the Northeast corner of the South Half of the Northwest Quarter of the East Half of said 80 Acre Lot 2; thence along course "A" as described in deed to City of National City recorded September 26, 1958 in Book 7273 at page 295 of Official Records of said County, South 45°31'37" West 89.09 feet; thence at right angles South 44°28'23" East 10.00 feet to the beginning of a tangent 140.00 foot radius circular curve concave Westerly; thence along the arc of said curve through a central angle of 26°47'22" a distance of 65.46 feet; thence tangent to said curve South 17°41'01" East 149.09 feet to the beginning of a tangent 40.00 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 89°40'12" a distance of 62.60 feet to the point of tangency with a 30.00 feet Northerly of and parallel to the Southerly line of said Northwest Quarter of the East Half; thence along said parallel line North 71°59'11" East 99.77 feet to the intersection with the Easterly line of said Northwest Quarter of the East Half; thence along said Easterly line North 17°41'Ol" West 300.69 feet to the point of beginning. TOGETHER WITH all that portion of the Northwest one quarter of the East Half of 80 acres Lot 2 of .Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the office of the Recorder of said County, described as follows: COMMENCING at the Southwest corner of said Northwest one quarter; thence Easterly along the Southerly line thereof a distance of 396 feet to the POINT OF BEGINNING; thence Northerly along a line at right angles to said Southerly line to an intersection with the Westerly line of Paradise Drive; thence Southerly along the said Westerly line of Paradise Drive to the said Southerly line of the Northwest one quarter; thence Westerly along said Southerly line to the point of beginning. DATE { : DATE.