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HomeMy WebLinkAboutCC RESO 10,434RESOLUTION NO. ' 1:0`, 43.4 RESOLUTION AUTHORIZING EXECUTION OF. OPTION TO PURCHASE REAL PROPERTY (Alastuey, Euclid at 13th 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 Joaquin Alastuey and Juanita Alastuey, 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 $20,900 plus escrow fees as required, to cover the cost of this transaction. PASSED AND ADOPTED this 17th day of August, 1971. ATTEST: N. C. Res. No. 10,434 (Note: This form to be used in appropriate real estate sales escrows ONLY) RENT STATEMENT To: Bunk of America NATIONAL atm. 5 ASSOCIATION National City Branch Re: Your Escrow No. 3999 Pro rate rent on the basis of the following statement: Address 2507 E. 13th St. National City Date to Lease Name of Tenant Monthly Rental which Paid Deposit Michael Baker 140.00 9-1-71 25.00 Adjust current month's rent only. Charge seller and credit buyer for that portion of the current month's rent accruing from the adjustment date also with the amount of the lease deposit shown above, if any. Dated Approved; "ic August 6 19._J. Buyer national City Joafuin A7/stue sell« AlaSii y sayer TRU-I44 5-69 ES ROW INS T RUCTIONS (REAL ESTATE TRANSACTION) N.•C , No. 10 -_3 To: BANK OF AM ERICA NATIONAL TRUST AND SAiiNGS ASSrX IATION National City National City Branch , Calif. MEMO PAID OUTSIDE OF ESCROW $ CASH THROUGH ESCROW UNPAID BALANCE OF ENCUMBRANCES OF RECORD NEW ENCUMBRANCES TOTAL CONSIDERATION 20 171-3999 Escrow No. 2507 East 13th St. Street Address of Property National City Ca City State Zip Unimproved ❑ Vacant Lot ❑ Farmland ❑ Acreage (If Applicable) Marguerite Ford Escrow Officer August 6, 1971 , 19 In consideration of your acting as escrow holder herein, it is agreed that you shall in no case or event be liable for forgeries or false personations in connection with these instructions, instruments of record, or those handled in this escrow. It is further agreed that if any controversy arises between the parties hereto or with any thirdperson, you shall not be required to determine the same or take any action in the premises. but you may await the settlement of any such controversy by final appropriate legal proceedings or otherwise as you may require, notwithstanding anything in the following instructions to the contrary. and in such event you shall not be liable for interest or damage. In the event of such controversy, you shall be entitled to reasonable compensation for all services performed by you and to costs and reasonable attorney's fees if you intervene in or are made a party to any litigation, the undersigned jointly and severally agreeing to pay the same, and you shall further be entitled to hold documents and monies deposited herein pending payment thereof. I will handyou $20,900.00 prior to close of escrow. and will deliver to you any notes, instruments and additional funds required from me to enable you to comply with these instructions, all of which you are authorized and instructed to use and deliver provided instruments have been filed for record entitling you to procure assurance of title in the usual form of a Standard Owners Policy of Title Insurance. issued bySeCurity Title COeiith a liability of 5 20, 900, 00 covering property in the County of San Diego and in City of National City, State of California described as follows The W'asterly 50 feet of the Westerly half of the Northeasterly Quarter of the Northwesterly Quartef of the Southwesterly Quarter of Quarter Section 106 of Rancho de la nacion, according to Map thereof No. 166 by Morrill, filed in the office of the Recorder of said San_Diego County, EXCEPTING therefrom the Southerly 30 feet thereof and ALSO EXCEPTING therefrom the Northerly 165 feet thereof. As per map recorded in Book Page of Records of said County showing title vested in: CITY OF NATIONAL CITY subject to: (I) a 11 General and Special taxes for the fiscal year 19 71 19 72 INCLUDING ANY SPECIAL DISTRICT LEVIES, PAYMENTS FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH, AND PERSONAL PROPERTY TAXES, IF ANY, ASSESSED AGAINST ANY FORMER OWNER. (2) Assessments and Bonds, presently of record, having a present unpaid balance of NONE (3) Any covenants. conditions, restrictions, reservations. rights. rights of way and easements of record (4) Deed of Trust securing an indebtedness of 5 NONE , as per its terms, now of record, unpaid balance of principal s Any ditTerence in unpaid balance as disclosed by beneficiary statement will be adjusted through escrow so that the total consideration remains unchanged. (5) Deed of Trust on Bank of America N.T. & S.A. form, executed by securing a Note for 5 NONE in favor of dated during escrow with interest at payable principal and interest due and payable in instalments of S day of every month. beginning per cent per annum, from at OR MORE, each on the and continuing until As of the following adjusunents and pnxations only are required in this escrow: close of escrow rent as per rmnt,sLaement deposited by -seller and approved by buyer. TRU-245 cktnachdi, ' r' of did e zit entx or bonds o,.. r Title Report. e e; o P e Freperty not bearish- ihrtiegh tnisc -w rcnt, on b tine r sod bk me:principal i and interest on encumbrances of ha, ed en statements h Be. e..cia y r horde., ikf rotes for td.diectitro.2 d interest or re,nekk encumbrances by endorsements -ts on notes. Seller represents a are to LI.7":11:t t trio phenkiarn on am. insurance kk inch seiier hands tv s ,r eau F- i so in this escrow. or which is resealed to be in the possession of a benette:are has beta )aid in full and _hue such tc .es has not been hypothecated. Forward such policie, and or endorsement terms to be attached thereto. if any. after close of escro-w to the agent with a request that the insurer consent to the transfer thereof and or the attachment of sc-payble endors r e t or mortgagee's lau_e or other additions or corrections as required. and that the agent t+ereafie forward such policies and/or the endorscrnents thereto to the parties entitled thereto Seller will pay prior to delinquency.. all taxes on real and personal property not being sold herein. which tax is a lien on the herein described real property. You are aol to be concerned with same. It is agreed by the parties hereto that so far as your rights and liabilities are concerned. this transaction is an escrow and not any other legal relation and you are an escrow holder only. The expression `close of escrow" if written in these instructions shall mean the date instruments are filed for record. It is understood that ail disbursements shall be made to parties in interest. by your remittance and that remittance and instruments will be mailed to one of the parties entitled thereto, if more than one, to address given below. Instruct County Recorder to mail instruments in the same manner. Deliver Title Policy to buyer twin pay. on demand. regardless of the consummation of this escrow, all charges incurred by you for me. including your usual escrow fee and usual charges, unless otherwise provided. I WILL PAY THE TITLE POLICY FEE AND TOTAL BUYER AND SELLER ESCROW FEE. IF YOU ARE UNABLE TO COMPLY WITH THESE INSTRUCTIONS ON OR PRIOR TO September 6, 1971 YOU WILLtOMPLY AS SOON THEREAFTER AS POSSIBLE UNLESS A WRITTEN DEMAND FOR RETURN OF MONEY OR INSTRUMENTS BY A PARTY TO THIS ESCROW IS RECEIVED BY YOU SUBSEQUENT TO SUCH DATE AND PRIOR TO THE RECORDING OF ANY INSTRUMENT PROVIDED FOR HEREIN. -- - -. - GI Signature '2 0 NA J1 oNAL CITY Signature Address • 1243 National Ave. Address National City Ca Telephone Telephone THE FOREGOING INSTRUCTIONS AND CONDITIONS ARE HEREBY APPROVED AND ACCEPTED IN THEIR ENTIRETY AND CONCURRED IN BY ME. I will supply you with funds, notes and instruments required from me to enable you to comply with these instructions. which you are authorized to use and deliver provided you hold for my account any instruments accruing to me and the sum of S 20 900.00 . When property being conveyed is held in joint tenancy any cash derived therefrom in this escrow shall bejoint tenancy funds. Order search of title at once. Deduct all my expenses from funds accruing to me. 1 will pay on demand, regardless of the consummation of this escrow, all charges incurred by you for me (except those other party has agreed to pay), including title charge. fee for preparing instruments 1 execute. your usual escrow fee and usual charges, unless otherwise provided. Pay Documentary Transfer Tax for the deed I execute of 5 1107 F. computed on full value of property conveyed or computed on full value less liens and encumbrances remaining of record at time of sale Make following disposition of proceeds due me: I. Credit Corn 1 account of Save at your Branch. 2. Mail Check to me at address below I AM TO PAY NO TITLE POLICY FEE OR ESCROW FRP. The undersigned seller isaware that they will be billed -by the County of Ban Diego for taxes from July 1, 1971 to close of this escrow, Signature Address Telephone Joaquin Alastuey 9 1535 Hilltop Drive Chula Vista Ca g 427 5397 Signature Address Telephone