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HomeMy WebLinkAboutCC RESO 10,518RESOLUTION NO. 10,518 A RESOLUTION OF THE CITY. OF NATIONAL CITY AUTHORIZING EXECUTION OF OPTION TO PURCHASE REAL PROPERTY AND AC- CEPTANCE OF CONVEYANCE OF REAL PROPERTY (Howard J. and Ophelia Y. Kruegel,. 135 West 30th Street) BE. IT RESOLVED by the City Council of the. City of National City that the Mayor be authorized to execute that certain option to purchase real property between the City of National City and Howard J. Kruegel and Ophelia Y. Kruegel, a copy of which is attached. BE IT FURTHER RESOLVED that the City Finance Officer is hereby authorized and directed to issue a warrant in the amount of $51,840.00 plus escrow fees as required, to cover the cost of this transaction. BE IT ALSO FURTHER RESOLVED that the City Clerk is hereby ordered to execute a Certificate of Acceptance and to deliver the Grant Deed from Howard J. Kruegel and Ophelia Y. Kruegel dated December 7, 1971 , conveying an interest in or easement upon real estate to the City of National City, to the Escrow Department of the Bank of America, National City Branch (Land Title Insurance Company), which bank (Land Title Insurance Company) will record said instrument upon fur- ther instructions from the City Manager. PASSED AND ADOPTED this 7th day of December, 1971. ATTEST: CITY CLERK( " CITY O; ,�.,TIC��L CITY CALIFCR IA Project Parcel No. Seller Kruegel and Land Title Report No. City of National City Land Title Escrow No. PURCHASE AGREEP.IENT AND ESCROW INSTRUCTIONS These escrow instructions constitute an agreement by which THE CITY OF NATIONAL CITY, CALIFORNIA, a public body, corporate and politic, (hereinafter called "Buyer") agrees to purchase. and Howard J. Kruegel and Ophelia Y. Kruegel owner(s) of the real property (Parcel "A") hereinafter described (hereinafter called "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: "hiKr;i;i, A" Parcel 1: Lots 3 and 4 and those portions of Lots 1, 2, 58, 59, 60, 61 and 62, and of Twenty-ninth Street and First Avenue, both vacated and closed to public use, in Bahia Vista, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 1815, filed in the office of the County Recorder of said County, December 19, 1924, described as follows: Beginning at the Northeast corner of Lot 1 of said Bahia Vista; thence South 71°27'00" West (Record South 71°25'00" West according to said Map No. 1815) asdistance of 120.00 feet thence South 18°35'00" East to the Northerly line of Thirtieth Street as dedicated by Resolution No. 8110 recorded in the office of the Recorder of said San Diego County on May 4, 1962 as File/Page 77362 of Official Records; thence North 71°25'00" East along said Northerly line a distance of 120.00 feet to the Easterly line of said First Avenue; thence along said Easterly line and the Easterly line of said Lots 1, 2 and 3, North 18°35'00" West, 539.48 feet to the Point of Beginning. Excepting therefrom the Easterly 40 feet thereof. Parcel 2: That portion of Lots 61 and 62 of Bahia Vista, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1815, filed in the office'of the County Recorder of San Diego County, December 19, 1924, lying Southeasterly of the arc of a 22.00 foot radius curve, concave Northwesterly, that is tangent with the Northerly line of Thirtieth'Street as dedicated by said Resolution No. 8110 at the Southwesterly terminus of said curve, and tangent with a line that is parallel with and 120.00 feet Westerly of the Easterly line of First Avenue, at the Northeast terminus of said curve, as said First Street was vacated and closed to public use, a copy of said vacation was recorded September 10, 1941 in Book 1225 Page 492 of Official Records. Excepting therefrom that portion lying Easterly of a line that is parallel with and 120.00 feet Westerly of the Easterly line of First Avenue, as vacated and closed to public use, a copy of said vacation was recorded September 10, 1941 in Book 1225 Page 492 of Official Records. Parcel 3: That portion of First Avenue in Bahia Vista as said First Street was vacated and closed to public use, a copy of said vacation was recorded September 10, 1941 in Book 1225 Page 492 of Official Records, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1815, filed in the Office of the County Recorder of San Diego County, December 19,.1924, lying Southwesterly of the arc of a 22.00 foot radius curve, concave Northeasterly, that is tangent with the Northerly line of Thirtieth Street as dedicated by said Resolution No. 8110 at the Southeasterly terminus of said curve, and 'tangent with a line that is parallel with and 40.00 feet Westerly of the Easterly line of First Avenue, at the Northeast terminus of said curve.' Excepting therefrom any portion of said First Avenue lying Southerly of the Northerly line of said Thirtieth Street and also any portion lying Westerly of the Easterly 40.00 feet of said First Avenue. 41) -a CD-0 0 N M-0 w 2. Ccrvev2:ce cf Title: The Seller agrees to convey the described 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. c. d. e. f. g. 3. Title Insurance Policy: 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 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 Pocuments: 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 necesr.ry to close escrow pursuant to these instructions. Insurance Policies: Insurance policies for fire or casualty are not to be ransferred and the Seller will cancel his own policy. �.t. Proration of Taxes: All real property taxes are to be prorated as of the d the Deed(s) is (are) recorded. You are directed to: a. In tY event taxes have been prepaid, you are to request refund c. the unused porti.+ of the prepaid taxes to the proper party. In the event escrow closes after y 1, and before payment of the first installment of taxes next due, yo re to ascertain from the office of the San Diego County Tax Collector the amnt of all real and personal property taxes due. and withhold from the Seller hare of the proceeds of the escrow an amount sufficient to pay said taxes, and .ay said taxes on Seller's account, at the close of escrow. 4 2 La: a nj .deai.:.q:. taxes, and any penaltie- and interest thereon, and for any assessments or onds against the property. not yet due and paya e information from the tax c shall request the unearned • proper party. delinquent or non -delinquent If the current , then you shall pay said ector's office. If portio. Reimbursement by the will not constitute a basis for escrow shall close of the Cou taxes are a lien taxes based on current taxes are prepaid, you prepaid taxes be refunded to the of San Diego of prepaid taxes delay in the osing of this escrow, and if the escrow agent has requeste• he rebate of taxes, whether or not payment has actually been made by the agency. 7. Closing Escrow: Disburse conditions of this escrow have funds and appro• fate governmental Its„ kr. record and deliver eed"when 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 LA1:1) TITLE INSUEA CE COMPANY. 9. Adjustments and Proration: All adjustments are to be made on a basis on a 365 or 366 day year. of 30-day month, except taxes are prorated Recordation of any instruments delivered through in the issuance of said 10. Authority to Record: this escrow is authorized, po:.:+_cy of title insurance. 11. Insurance of Tax Payment: or ,payment of real or personal property taxes is required unless the real property tax is payable on or before the date of.the policy of title insurance. 12. Breach of Contract: Time is of the essence of these instructions. If in condition to close within 120 days from date of these th ; escrow is not if necessary or proper No examination or insurance as to the amount. ins:ructions, any party who then shall have fully complied with his instructions uv3;„ 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 objections are raised within said five-day period, escrow holder is authorized to hold all papers'or documents until instructed .by a court of competent jurisdiction or mutual instructions. as soon as possible. If no demands are made, close this escrow ; n a;r ing. s iiCL v: Responsibility of the escrow agent under this agreement expressly excludes Paragraphs 2, 4, 5, 12, 19, 20, 21 and 22 and all.of Paragraph 17, except 17b, and to its liability under any policy of title insurance issued in regard to this transaction. 15. 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. County documentary fees or other transfer tax, if required. b. Reconveyance, trustee or forwarding fees for the reconveyance of any trust deed or release of any mortgage. c. Fees necessary to record instruments clearing title. d. Fees necessary to place the title in the condition necessary to satisfy Paragraphs 2 and 3 of this agreement. 16. 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. 17. Further Agreement Between Buyer and Seller: 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 d, !ds, pursuant to the Seller's rental statement, and after confirmation of sod statement by Buyer. c. ,Seller retains Occupancy: In the event that Seller resides and ole.upies any portion of the real property at the time this agreement is executed, Seller may retain such occupancy;, rent-free, for a period NOT TO EXCEED THIRTY (30) DAYS from the first of the month following the date of recording of the deed 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. 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. e. Possession of Premises: Buyer shall have the right of permanent possession of the premises upon the recording of Seller's deed. f. 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 Zhe Seller. Personal Property Not Included: Any property on the premises g• 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 ta the following conditions: (1) Tenants occupying the subject premises may continue the use of furniture and fixtures then being used by them until the tenants vacate 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. h. 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. it co Jye- is true and correct, and teat, there are no oral or ;:ritten leases affecting the subject p-e-;iseS except as are set forth in Seller's rental statement. Seiler 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. j. Agreement Binds Successors: This agreement shall be binding upon and inure to the benefit of the heirs, assigns, executors, personal representa- tives, and successors in interest of'the parties hereto. It is exptFessly 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. k. 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. 1. 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 the event the City does not construct the proposed street (Transporta- tion Avenue) within four years (4) from the date of the close 'of this escrow, then the St;iler has the right to repurchase the Parcel "A" at the original price of FIFT ONE THOLUSAND EIGHT HUNDRED FORTY DOLLARS AND NO/100 !:i,'L!%" Lo{{!� (iiii.,,. JCdLi,C,-' 01,}iL>C*7[ti.<.4(�E/t %j!-'cCt[,.i.,t. .A'In theevent the Owner, .Kruegel,-installs drives at the tine the City ;,. talis curbs for Transportation Avenue, between the cost of curbs and the drives. installation of drives after the City has 20. The installation of sewer mains from Owner's property connecting to mains )40/1( Dollaa (g 51,840.00 ) then the owner will pay the differential The Owner will pay all the cost for the installed curbs. will be at City expense, and all laterals will'be at Owner's expense. 21. Owner,.-Kruegel, will underground all utilities on his property and will connect to the supply at his expense. 22. Owner, Kruegel, will modify at his expense thr_ manhole/storm drain located' in Pari:l "8" so as to accommodate the t`rter run oil lion his ,property. • G 23. It is further agreed that Howard J. Kruegel and Ophelia Y. Kruegel agree to purchase and the City of National City owner of the real property (Parcel "B"), hereinafter described agrees to sell for the consideration set forth below, all that certain real property described as follows: "PARCEL B" That portion of Lot 6 of Bahia Vista, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1815, filed in the office of the County Recorder of San Diego County December 19, 1924 described as follows: Beginning at the intersection of the center *line of Hoover Avenue (formerly Second Avenue) vacated and closed to public use with the Northerly Zine of said Bahia Vista, being also the center of a circle having a 50.00 foot radius; thence along the Northerly line of said Lot 6, North 71°27'00" East (Record North 71°25'00" East according to said Map P lo. 1815) a distance of 50.00 feet to a point on the arc of said 50.00 foot radius circle; thence along the arc of said circle Southerly and Westerly through a central angle of 89°58'00" a distance of 78.51 feet to the intersection with a line bearing South 18°35'00" East from the above described center; thence along said line North 18°35'00" West a distance of 50.00 feet to the Point of Beginning. Reserving an easement for storm drain purposes over, under, along and across the Westerly 5 feet of the Northerly 22 feet of the above described parcel of land. The total purchase price shall be the sum of NINE HUNDRED EIGHTY ONE DOLLARS AND NO/100 Dollars ($ 981.00 ), payable in cash through escrow. The City will pay for the title policy and escrow charges for Parcel "B". IN WITNESS ('HEREOF, the parties have executed this agreement on the % t day of Vz-z,.,. (Owner) Howard Jr. Kruegel / '7 (Y( (Owner),OpTielia Y.yKruegel Mailing address of Seller: Mr. & Mrs. H. J. Kruegel 2604 National Avenue , 197 ( . By CITY OF NATIONAL CITY, a Muni pat Conpona.Lon 1243 National Avenue National City, California 92050 ' National City, California 92050 This transaction is subject to the approval of the National City Council. 7 TITLE ORDER NO ESCROW NO AFTER RECORDING MAIL TO City of National City 1243 National Avenue National City, California 92050 IHIS.IS TO CERTIFY THAT THE INTERliSi IN REAL PROPERTY CUN— VEYED.BY THE DEED CR GRANT DP.T'D .-�c,7"7--+ 12117.1 FROM .",a r T. 'kr u.eac e, net TO THE. CCTV ., :.TICNALCIIY. A POLITICAL COP,POOP,AIION AND/ • OR GO'JLP,Ni : , AGL`t ,Y, IS 'rIERLBY ACCEPTED BY Cni',ER OF THE CITY COUNCIL' _s''l.--L C:�,- i-�-..7 ;'LAND T11E GRANTEt CONSENTS TO THE iZEC.;RDATiON THEREOF BY ITS DULY AU i HURCLEU OFFICER. • I!. DATED: Deccra es 8, 1971 CITY CLERK SPACE ABOVE FOR RECORDER'S ,USE ONLY• GRA T DEED By this instrument dated December 7, 1971 , for a valuable consideration, Howard J. Kruegel and 0phelia Y. Kruegel hereby GRANTS to The City of National City The following described Real Property in the State of California, County of San Diego AS MORE COMPLETELY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF MARKED "PARCEL A" COMPRISED OF ONE PAGE. Together with any interest the Grantor may have in and to the abutting street(s) and alley(s). Howard J. Kruegel egel Ophelia . Kruegel// Affix IRS STATE OF CALIFORNIA COUNTY OF San Diego On December 7, 1971 } SS. before me, the undersigned, a Notary Public warad J.Sairuegetndand uephelia appeared known to me to be the person S whose name. s._areybcribed to the within instrument and acknowledged thot they a ecuted the same: Signature...,l/Lf'f' e' .... Norma A. Weis Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP O FICIAL SEAL A. RI"1!.T,H iM Ji'EC CCUv:Y My CDii mi:.-S: MAIL TAX STATEMENTS TO City of National City NAME 1243 National. Ave.,National City,Ca. 92050 ZIP ADDRESS "PARCEL A" Parcel 1: Lots 3 and 4 and those portions of Lots 1, 2, 58, 59, 60, 61 and 62, and of Twenty-ninth Street and First Avenue, both vacated and closed to public use, in Bahia Vista, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 1815, filed in the office of the County Recorder of said County, December 19, 1924, described as follows: Beginning at the Northeast corner of Lot 1 of said Bahia Vista; thence South 71°27'00".West (Record South 71°25'00" West according to said Map No. 1815) a distance of 120.00 feet thence South 18°35'00" East to the Northerly line of Thirtieth Street as dedicated by Resolution No. 8110 recorded in the office of the Recorder of said San Diego County on Nay 4, 1962 as File,Page 77362 of Official Records; thence North 71°25'00" East along said Northerly line a distance of 120.00 feet to the Easterly line of said First Avenue; thence along said Easterly line and the Easterly line of said Lots 1, 2 and 3, North 18°35'00" West, 539.48 feet to the Point of Beginning. Excepting therefrom the Easterly 40 feet thereof. Parcel 2: That portion of Lots 61 and 62 of Bahia Vista, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1815, filed in the office of the County Recorder of San Diego County, December 19, 1924, lying Southeasterly of the arc of a 22.00 foot radius curve, concave Northwesterly, that is tangent with the Northerly line of Thirtieth Street as dedicated by said Resolution No. 8110 at the Southwesterly terminus of said curve, and tangent with a line that is parallel with and 120.00 feet Westerly of the Easterly line of First Avenue, at the Northeast terminus of said curve, as said First Street Was vacated and closed to public use, a copy of said vacation was recorded September 10, 1941 in Book 1225 Page 492 of Official Records. Excepting therefrom that portion lying Easterly of a line that is parallel with and 120.00 feet Westerly of the Easterly line of First Avenue, as vacated and closed to public use, a copy of said vacation was recorded September 10, 1941 in Book 1225 Page 492 of Official Records. Parcel 3: That portion of First Avenue in Bahia Vista as said First Street was vacated and closed to public use, a copy of said vacation was recorded September 10, 1941 in Book 1225 Page 492 of Official Records, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1815, filed in the Office of the County Recorder of San Diego County, December 19, 1924, lying Southwesterly of the arc of a 22.00.foot radius curve, concave Northeasterly, that is tangent with the Northerly line of Thirtieth Street as dedicated by said Resolution No. 8110 at the Southeasterly terminus of said curve, and, tangent with a line that is --parallel with and 40.00 feet Westerly of the Easterly line of First Avenue, at the Northeast terminus of said curve. Excepting therefrom any portion of said First Avenue lying Southerly of the Northerly line of said Thirtieth Street and also any portion lying Westerly of the Easterly 40.00 feet of said First Avenue. TITLE ORDER NO ESCROW NO AFTER RECORDING MAIL TO Mr.&Mrs. H. J. Kruegel 2604 National Avenue National City., California 92050 SPACE ABOVE FOR RECORDER'S USE ONLY GRANT DEED By this instrument dated December 7, 1971 The City of National City , for a valuable consideration, hereby GRANTS to Howard J. Kruegel and Ophel i a Y. Kruegel, husband and wife The following described Real Property in the State of California, County of San Diego AS MORE COMPLETELY DESCRIBEDFIN THE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF MARKED "PARCEL B" COMPRISED OF ONE PAGE. STATE OF CALIFORNIA COUNTY OF San Diego On December 8..,....1.9.Z1 Public in and for said County and State, personally appeared } SS. Affix IRS before me, the undersigned, a Notary Kile Morgan, Mayor, City of National City, known to me to be the person whose name IS subscribed to the within instrument and acknowledged that he executed the some. // Signature ...... ..-.aE' 614. Alma E. Hathaway Name (Typed or Printed) Notary Public in and for said County end State FOR NOTARY SEAL OR STAMP A ..:IAT:-AWAY - :'ALIFORNIA COUNTY ky Conimlasi:::n as February 29, 1972 tAtL TAX aTATEMENTS TO 50 LT. . & Mrs. H.J. Kruegel NAME 2604 National Ave., National City,Ca. 92050 ADDRESS ZIP r "PARCEL B" That portion of Lot 6 of Bahia Vista, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1815, filed in the office of the County Recorder of San Diego County December 19, 1924 described as follows: Beginning at the intersection of the center line of Hoover Avenue (formerZy Second Avenue) vacated and closed to public use with the Northerly Zine of said Bahia Vista, being also the center of a circle having a 50.00 foot radius; thence along the Northerly Zine of said Lot 6, North 71°27'00" East (Record North 71°25'00" East according to said Map No. 1815) a distance of 50.00 feet to a point on the arc or said 50.00 foot radius circle; thence along the arc of said circle Southerly and Westerly through a central angZe of 89°58'00" a distance of ?8.51 feet to the intersection with a Zine bearing South 18°55'00" East from the above described center; thence along said line North 18°35'00" West a distance of 50.00 feet to the Point of Beginning. Reserving an easement for storm drain purposes over, under, along and across the Westerly 5 feet of the Northerly 22 feet of the above described parcel of Zand.