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HomeMy WebLinkAboutCC RESO 8686RESOLUTION NO. 8686 RESOLUTION AUTHORIZING EXECUTION OF ESCROW DOCUMENTS BE IT RESOLVED by the City Council of the City of National. City, as follows: 1. That the Mayor is authorized to execute, and the Clerk is authorized to attest the following documents in First National Bank, National City Branch, Escrow No. 71619: a. Beneficiary's Demand b. Order for Partial Reconveyance 2. The City Clerk is authorized and directed to deliver to the First National Bank, National City Branch, the above described Order for Partial Reconveyance, Beneficiary's Demand, Promissory Note in the amount of $12,000.00 dated April 8, 1964, and executed by Walton Hinds, Margaret L. Hinds, Bobby D. Walton and Frances D. Walton, and Deed of Trust securing said Promissory Note and recorded with the San Diego County Recorder May 11, 1964. PASSED AND ADOPTED this 23rd day of June, 1964. ATTEST: CITY LERK FIRST NATIONAL BANK NATIONAL CITY Branch P. 0, Box t, ;i,, National, City California REQUEST FOR BENEFICIARY'S DEMAND r THE CITY OF NATIONAL CITY, CALIFORNIA 1243 National Avenue National City, California An escrow has elnpened with us by .N.ALTAI1,.Ii1NA,S.--U.S?-.,SQ B-Y..A., WI T0,1 which provides fgrpayment of an encumbrance held by you, covering property described as:.Westerly.:.5.4..feat-.Qf a--pox-ti-on_of-.Lots--3.79.--38i.--39.,...40-,..-82,$3.,-848.5:r-- 4,-..9-Se-..9b--and--9.7-..o.ftlL_VISTA.,...in.:the Iity..of.National..City.,..acr...Nlap-- No. -_1s�15..aTui-.oi..30-th--5treet-- .a -.-vacated, — Please fill in and sign the Beneficiary's or, Return this entire page, together with the Note, the Deed of Tract securing time Note and the Request or, ec nvevance thereof, signed by all the owners of the Note. tirlsctambnixat natiarinumanotEirafainamArfearaffilExiblEfabUIRIEMEdultiBEFnnalaua ni mtn You may retain the enclosed copy of this Demand for your files. A Request foi#Reconveyance is/imatat enclosed. *partial FI1jST J' ATIONAL BAN OF SAN DIEGO DO NOT DETACH BENEFICIARY'S DEMAND (PLEASE FILL OUT IN FULL AND SIGN) FIRST NATIONAL BANK OF SAN DIEGO I hand you herewith: 1. Note for $ 12, 000.00 2. Deed of Trust securing said Note, covering the above -described property, and recorded on File/Page , Series , Book , Official Records. 3. .Fire -Insurance -Pokey- NNo- - - = - - - - - - - - 4ssaed- by- - 4 for Reconveyance thereof, executed byRichard E,Gauterea City Clerk Ylira Mays?r.-ad..1s?�.e--M?SlsOgue--- Mq.y 11,, 1964 5. Other papers - You are hereby authorized to use the above -described documerts, 8rovided that on or before July 15 lg 64 you collect and hold for the account of the parties executing said dtequesFfor Reconveyance, the sum of $-9s Q00. QQ* with -interest -on-$ - - - - - - - - - - - - -at- the -rate -of - - - - - per-c-ent. per -an iam-fro ,,.,.,,-..-.,-„r-.,-._ ,,,,,..-„- 19---to- date of issuance of your check, *plus all net proceeds of Escrow No+ 7-1619 after the,_dedu.ctisoz--01.Se11erls..es-crow--and title fees and expenses I understand remittance is to be made by check of your bank and will be mailed to the address given below. Youwill, as my agent, waive my interest in any fire insurance policies handed you. In the event that the conditions of this Demand have not been met with the time provided herein, you are authorized, nevertheless, to use said documents at any time thereafter as soon as the conditions (except as to time) have been met, unless I shall have made written demand upon you for their return to me. Signature/-. �%r..,. R' hard E./Gauter aux, Mayor Address 1,i43 National Avenue FMB FORM ,aNationaI City, California Signature Telephone Gil,....7---1.1$ l- Ione Minogue, City Clerk qq Oil3xAdO3 ORDER FOR PARTIAL RECONVEYANCE Register No A Partial Reconveyance will be issued only upon presentation to the Trustee named herein of this notice properly signed and acknowledged and accompanied by the reconveyance fee, together with the Deed of Trust and the Note or Notes secured thereby. TO FIRST NATIONAL BANK OF SAN DIEGO TRUSTEE: You are hereby notifiedthat the undersigned the legal owner............. of the....._one_.._.promissory the sum of...__1Y, V....TMUZANA.._ 11? _ 1PAQ — — Dollars, with interest, mentioned as secured by that certain Deed of Trust, dated ....................Apxil8s ., 19.6%+-_., made by WALTON HINDS, MAR.GARET L. HINDS, BOBBY D. WALTON and FRANCES D. WALTON to FIRST NATIONAL BANK OF SAN DIEGO , as Trustee, which Deed of Trust was duly recorded in the office of the County Recorder of the County of . San..Daega...__ ..... State of California ...................:... May..__ ls.__.._..__...._, 19•-_6h ., in Book..._.____......, at Page._.._.._......__, of Official Records, and you are hereby authorized; empowered and directed to remise, quit -claim and reconvey, without warranty, that portion of the real property covered by. said Deed of Trust, hereinafter more particu- larly described as follows: The Relit.50 feet of the following 'described property: That portion of Lots 37, 38, 39, 40, 82,.83, 84, 85, 94, 95, 96 and 97 of BAHIA VISTA, in the City of National City, County of San Diego, State of California, according to the Nap thereof No. 1815, filed in the office of the County Recorder of said San Diego County on December 19, 1924 and of Thirtieth Street as vacated and closed to public use, described as follows: Beginning at the Northeast corner of Lot 150 of said Bahia Vista, thence South 18°35' East along the Westerly line of National Avenue, as shown on said Map a distance of 289.78 feet to the Southerly line of Thirtieth Street and its East erly prolongation as dedicated by Resolution No. 8110 of the City of National City; thence at right angles South 71°25' West along said Southerly line of Thirtieth Street and its Easterly prolongation 1379.17 feet to the beginning of a tangent 440.00 foot radius curve concave Northerly and the TRUE POINT OF BE— GINNING; thence Northwesterly along the arc of said curve through a central angle of 25°53'32" a distance of 198.84 feet to the Westerly line of that por— tion of said Bahia Vista conveyed to the City of National City by deed dated September 24, 1954 and recorded in Book 5410, page 330 of Official Records of said County; thence leaving said curve Southerly along said Westerly line South 18°35' East a distance of 247.41 feet to the most Southwesterly corner of said Parcel of land conveyed to the City of National City; thence Easterly along the Southerly boundary of said parcel of land North 53°35' East a distance of 102.27 feet to an angle point therein; thence North 88°181 East a distance of 99.05 feet to the Southwesterly corner of land described in deed to Thomas P. dearne, et ux, recorded March 17, 1964 as Document No. 48663 of (spar ,I ue> t*�c tl.Nonco niong the Frel*+.orl.a lino th.r.tiP 1-803,0 .uO /u t.sst. to the TRUE POINT 0? BEGINNING. Salr -.. ..r.ti1gN ::.�. 19:•a4-, before me,.:.�-� �,�, ;,.� ��...,�-� . a ,...,,.; the undersigned, a Notary Public in' n and for said County and State, personally State, appeared......R] Public in and for said County and Spersonally CHARD E,__GAUTkFAUX.....-..................... known to me to be the.. ......... .....---...----IOVE..MINOGITE..........._..........._...........-�! and known to me to bethe-........_Clerk _ . me of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the therein named, and acknowledged to me that ouch corporation executed the within instrument pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my hand and official seal. BEAU NOTARY'S NAME (NOTARY'S 610NAT13RE7 •- " �- -�-"-"�--- ITYPE OR PRINT)..«. ......_..., known tome to be the person........ e foregoing instrument; and acknowledged to me that Notary Public in and for said 'County and State A d00* OM3x dOO O 3X>: ;doo ,oa3x I xeonv 063x Oa3X; ;:i3X, Form 469-2500-3-62 71 TT yam'•_ J WITH POWER CF SALE AND WITHASSIGNMENT OF RENTS eedof SI�i��t made this � eighth day o' A.r,.x•,i.� , 19 �•, betvreea '1r_wA.yi`j H1T`;L,4, and icy`itiFisRET...,�.d.+....w^.IAVJiacJ..�.._1�-'.,IS.Ids'Tl.?Lin....sn'e1.C�7,...:vJ.7..:kP.y and BOBBY D. :Y4J.TON and FRANCES D. LsALTON, 'husband and wife, es and hereinafter called the Ti'L'STOR,: whose address is gives below opposite his signature, THE FIRST NATIONAL TRUST AND SAVINGS BANK OF SAN DIEGO, a national banking association organized and existing under the laws of the United States cf America, with its principal' place of business in the City of San Diego, in. the Comuty of San Diego, State of California, es and hereinafter called the TRUSTEE, and CITY OF NATIONAL CITY, CALIFORNIA, a Municipal Corporation, nd hereinafter called the BEN'EFICIAaY; h'STNESSETI : That Truster hereby irrevocably GRANTS, TRANSFERS and ASSIGNS to TRUSTEE, IN TRTIST, WITH POWER OF SALE. 'hat property in the City.. ofaNational.City, Co',inty O+ San -Diego, California. described as: ... That portion of Lots 37, 38, 39, 40, 82, 83, 84, 85, 94, 95, 96 and 97 of BAHIA. VISTA,. in the City Of ,National City, County of San Diego, State of California, according to the Mapthereof No.1815, filedin theofficetheRecorder ofDiego County o_ c ofGou.l;, said San on December 19,-1924 and Of Thirtieth. Street as vacated and closed to public use, described as follows: Beginning at the Northeast corner of Lot 150 of said BA HIA VISTA, thence South 18°35' East along the Westerly line of National Avenue as shown on said Map, a distance of ly 1e O Thirtieth Street a.^_ s Easterly prolongation 289.78 feet to the Sou•�i:er._�, =� f ins, iet'r. and its asp :_„ pro_01��ac_on as do^d- .',. C:a. t::(l by R.v^$OlUti021 No. 8110 Gk the City of National City; tl'SBnCe at right o.ng.Less,0':,rh. 71° j l West along said. Souther line of Thirtieth Streit its Easterly elo gation, 3' /.7 Southerly r.. andy,,...a-• r i O feet to the begirding of a tangent ).Z,, 0 radius concave Northerly TRUE �C,. QU foot '� adi.35 curve CLi;C �: C 6 W.?:.'" and the list l'.. POINT OF BEGINNING; thence Northwesterly along the arc of said curve trough a central angle of O 3t It a distance of r Westerly .' lid f ra 5 5� 32 198.84 feet to the hreste_ e of that portion of Bay is Vista conveyed to the City Of National City by deed dated SV '`Der 24, 1954 and. recorded S. i,.i6_pLC:.:.. in Book 5410, page 330. ofV Official Records of said Coi.aity, thence leavin':g said curve Southerly alone said t?esterly line South 18°35 t Eat F+ distance of 247,41 feet to the most . Southwesterly corner of said Parcel of la_^_d conveyed to the City of National City; thence. Easterly along the Southerly boundary of said parcel of land north 53035 East a distance of 102.27 feet to an angle point therein; thence North 380181 East a distance Of 99.05 feet to the Southwesterly. cornerof land described in deed to Thomas P. . Hearne, et nx, recorded March 17, 1964 as. Document No. 48663 of Official Records, thence along the Westerly line '- reo f .r'• 0 4 -r , f' POINT i BEGINNING. -thereof North 1S 35 West 2u0. 70 feet to the TRUE OF .� Z`_ki,. The note secured by thi described 'property. of the Purchase 'x>ri ce' cf the above.' including an buildings, fiutures and improvements thereon and that may hereafter be erected thereon, all appurtenances and privileges there•.urta belonging or in anywise appertaining, all easements used in connection therewith, all water and water tights (whether riparian, appropriarive, or .. otherwise, and whether or not appurtenant), used in connection therewith, all snares of stockevidencing the static; pumping, stations, engines, ma- chinery, pipes and ditches. TOGETPHR WITH the rents, issues and profits thereof, SUBJECT HOWEVER, to the right, power and authority here-.: inafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. FOR THE .PURPOSE OF SECURING: (I) Payment of the indebtedness evidenced by that certain promissory notein the principal sum of in lawful money of the United States cf America, withinterest thereon in like la;,.ful money, according to the. terms ci such promissory note executed and delivered by Trustor to Beneficiary, payable to Beneficiary or order, and extensions Or renewals of such promissory note; (2) Payment of all sums, with interest, becoming due or payable under the provslons hereof, or any part thereof, and per iormance of each agreement of Truster herein contained; (3) Payment of such additional suns; with interest thereon, as hereafter may be her --- rowed from said Beneficiary by Truster or the successors in interest or assigns Of Trustor when evidenced by another promissory note or other sory notes certified by said Trustee as being secured hereby; (4) Performance of all other obligations hereinafter in this Deed of Trust men ed or re?erred to. irotae2 rho security of this Dead of Tras2, Trusior agrees: _ (1) To keep said property in good condition and repair; not to remove or demolish aav building or improvementthereon: to complete or ,re promptly end in good and workmanlike manner any building or improvement which may beconstructed, damaged Or destroyed thereon to pay when due all claims for labor performed a.nd materials furnished therefor; not to commit or permit wasteof said property; to comply all 132,ve, covenants, conditions and restrictions affecting said property or requiring any alterations or improvements to be made thereon; not to commit, su er or permit any actupon' said property in violation of law; to cultivate irrigate, fertilize, fumigate, prune and do all other acts which from the c erecter or use of said property, may be reasonably prone; or necessary, the specific -enumerations herein not excluding the general: AZO3 i0il3X } Oa3X! 1:,OJ3X'i A dOO r t9,_2:13X. Oa3X ;b3X( Oit3X OC3X This deed of trust, provided :o notice o: default under the terms :;C`.reo,_ t''_C rL c.CDear's of record, is hereby made r'.blect and subordinate to a deed of trust to be hereafter exe- nµt-en by the tYrustore or their successorsin ainterest covering said.aLrt securing a loan a intotal amount not exceeding `.:25,262,G0g made for the purpose. of constructing improve- me nts on the land described therein,"uch lour to 'oe evidenced by , promissory note earintr _s',; t" at t �-�,iper nnL' any � T late and/or ire -„l)....os and pfLLO!e. interest 4rl ur". nomore thanthanl.. v1.._ a maximum period of not to exceed 20 years. From and after the recU d?,.'G1on of any .^_a trust this -' trast such ._...�U 0= i,ru^u lr to which 0_11 �:C.SeQ of v.. vSv is hereby Lade subject and subordinate, as above provided, such hereafter executed deed of trust shall, at all times Priorto the re- co150 eru thereof, constitute a '1E£andcharge on the landhce1na eve described 1'=:10`l and superior to the ^ lion and charge of this Seed of trust _.... 00 any, and ell_ loans or advances which shall be made under such hereafter executeddeed of trust according to the terms and provisions of such deed of trust and the promissory note secured thereby for t'':.:: 'lose hero -in . eve specified. --arose r':..e._t.4?aryr declares and acknowledges that he hereby intention c2v Sp wel3..7uishee subordinates the priority and superiority of the lien and charge of t.: _ deed of trust . hereinabove described in feeTor Of the lien and charge '<`:.id land of the du::C• of trust 4J l,._Z G'P_ .t.x�,.. ...e...1 of trust hereby is A,-t.. subject end subordinate, as G C,. e provided; and that ho understands that in reliance upon and .,.. consideration of is waiver, relinquishment and subordination specific loans .and advances will bo c.li ana, as part and parcel thereof, specific monetary and other obligations will be entered .._...o, made and entered into b - 3 third `-^ h would ..' a n but .�.v said reliance and j.'.1;:. J ... i... ��a.. is which .I not C execution by V beneficiary of t_._.3 waiver, 'r elfin ui:.=ir;o=t and subordination. . 'nould the above described subordination agreementbe deemedunsatisfactory. do a title insure: - tdT/or e lender the 1'. "' m J.c i !'fir agrees en his behalf and for his orocessors, devisees, and assigns to execute 21 specific subordination agreement upon roc est to a loan meeting the terms of the abctu described subordination agreement. THE CITY _..h?l_ C:. • � OF i4?__'.:'_i.`.... %l'yl'. Ge'.'.aiultiVT (-1) That at any time or front Lice to tn e Lr'—out ability therefor and without notice, upon v✓ i and presentation of this Deed o. Trost and said note for endorsement, and without affecting the personal habi _ty of any person for payment of. :he indebtedness secured hereby, Trustee may: recoil', ey any part of said property; consent :o the ma:cing el any map or plat thereof; )o)n in granting any easement .hereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof.. (12) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust. and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reebnvey, without warranty, the property then - held hereunder. The recitals in such reconveya ice of any matters or facts shall be conclusive proof of the trut -,1res thereof. The grantee in such reooriveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed of Trust (unless directed in such request to retain them). (13) That upon default by Trustor is payment of any indebtedness secured hereby or in performanceperfoemance 02 any agreement hereunder, Beneficiary may declare all sums secured hereby immediately, due and payable by delivery to Trustee of written declaration of default and demand for sale • ' and oe written notice of default and of election to cause to he sold said property, which notice Trustee shall cause e to be duly filed for record, Beneficiary aso shall deposit with Trustee .his Deed of Trust, said note and all documents evidencing, exrcr ditu.e_ secured hereby. Alter tee lapse of such tlrne as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by Law, Trustee, without demand on Truster, shall sell said property at he time and place £fixed by it in said notice oe sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest t bidder for cash in lawful. money of fine United States, payable at time of sale. Trustee may postpone sale of all or any portion ol the property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time YJiced by the preceding postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenent or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. .Any person, including Truster; Trustee, Si £enetieiaty as hereinafter clefi_red, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust including cost of evidence of title in connection with sale and revenue stamps on Trustee's Deed, Trustee shall apply to proceeds of sale • to payment of: all sums expended under the terms hereof; not then repaid, with accrued interest at seven per cent per annum; all other sums then seemed hereby; and the remainder, if. any, shall be paid to Use person or persons legally entitled thereto. (I3) That this De.ed of Trust apnlics toinures to the benefit of, and binds ea parties he eto, their heirs, legatees, devises, administrators, t er+ier li t irl eeeleeS,J e eta 16 }ft i °li'1 !I4 .Hill lei )�i fie ea iri7lp iup (( it;(11e1 ij tl r i rf :?!i'1 Ji r rl ri flufiritilie eiM t illCr Ji, il)1Ullg plcdhres, of the note :,ecured hereby. iu third Deed d of True( ehu?evei the tt. de:elSi) rt.tlriiti ! it n um ral'us t r in�yr fn,! VHra telOt e tem.n fine end/or neuter, and the neuter gender includes the masculine and/or femiren , aeci the sing,.iae number inelud s th_ psurite (10) T1LAT TRUSI'LS. ACCEPTS TOTIS TRUST WI£EN THIS DEED OF TRUST, DULY EXECUTED AND 1C+.'10WLEDG ED, IS MAD A 17BLIC RECORD AS PROVIDED BY LAW; provided, however, that unless this Deed oe Tr It shall have been accepted by Trustee prior to its eordation, Trustee reserves the right to refuse to certify to any promissory note secured hereby. Trustee is not obligated to notify any party:" mete of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party, • :mess brought by Trustee. - (1S) That the pleading of any statute of limitations as a defense to any and a31 obligations secured by this Deed of Trust +s 'hereby waived,, to the full extent permissible by law. (17) That any Trustor who 1= a married woman and who has joined in the execution o_ any promissory note or notes secured by this Deed of Trust hereby expressly agrees and assents to the liability of her separate property for all such indebtedness. Such agreement and assent, however,'. shall not be deemed to create a present lien or :nc mbrarce upon any of her separate property not herein described. • AdOU..:... 0a3X+. Ad00; oa3xJ Ad00i AaOJ Oa3x Oa3Xi 4a n TUE UNDERSIGNED TRUSTOR REQUESTS that a teopy of any notice of default and of any notice of sale hereunder shall be mailed • to him at his mailing address given opposite his signature be uw. Failure to insert such address shall be deemed a waiver of any request hereunder for a copy of any suet notice. WITNESS the signature of said Trusts: on the date :rat ::ereinbefore W ntten. Street and Number City State Ss:.arare of Trustor i Pl % sue'° i;."i ,._ i O "'.,,o Ca +^OTri1 V°J V',.). i , v/^Cs. s�.% i_` .ix>".Z..f'.y p a- 1 rr 1 7 :TIT ef Q.p. _ Coon10, Cali fo rn.i a¢qq�n Ti-' ina:/ . . L. 1--.4 .:-3 1 a...t0 ai • 0tV. California }. ti}>'(::t 3.10 %� ��.44,- ...... . A ,.s, y ..: _�..ueX Road, 4-12fl'aJ• Cj ,y Cia1.4.forn;ia D. Frances i STATE OF CALIFORNIA County o+' or. teis d to •day of r ti�� .}k I9....'].1:. before rat i'ile1ma ;cKeei:3 • a No-e-y Public and for said County. • and State. personally appeared :�t<!r.l J:.� .. Oj i?t"Ti(. a..t'.`._.:......::. .._��?... P,Sy Bir..a.;V and. 'PP .?12 (;"5 D Imown to me to be the persona whose name.:. - . are • subscribed to the :vit,nn i:s<,trumen:, and acknowledged to me ha uhe.,`y ... executed the same. y`� WITNESS my hand and official seal l C-^!, (NOTRT IPT SEAL) 1- a . J .. , ✓_'"� ✓_... . - - i t:., i r _ �. ` '+. : Notary Public in and for sa i County and State. 3 'ss Ccon. 0 INSTRUCTIONS AS TO TIlE USE OF TI6S55 DEED of TRUST When these forms are used by a CORPORATION as Trustor the foI w10g words are to be inserted after he name of the corporation in the caption in the Deed of Trust: "A CORPORATION ORGANIZED: JNDER THE LAWS OF TP.W STATE OF (inset ). AND IhVING ITS PRINCIPAL PLACE OF BUSINESS IN THE CITY OF (Inserts STATE OE'- ...sett)." Above the signature in the Deed of Trust fill in the following: "SAID NOTE AND THIS DEND OF TRUST ARE AUTHORIZED, MADE, EXE- CUTED AND DELIVERED DI PURSUANCE OF A RESOLUTION DULY PASSED BY T'r.IR BOARD OF DIRECTORS OS' SAID TRUSTOR, AT A LEGAL -,? tETING THEREOF CONVENZI) AND PV Tfn ON TIM DAY OF •19 A Corporation fora of acknowledgment roust also be used. When the Corporation uses a seal It should be affixed to both the Deed of Trust and Note anti the official capacity of signers for the Corporation MUST appear after their signatures. -1.- c:i, `-mot 1 Oa3x