HomeMy WebLinkAboutCC RESO 15,854i
RESOLUTION NO. 15,854
RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE
ACQUISITION OF REAL PROPERTY OF A PORTION OF
THE PROPERTY NEEDED FOR THE EUCLID AVENUE
EXTENSION (ASSESSOR'S PARCEL NUMBER
558-180-12) PER FIDELITY NATIONAL
TITLE ESCROW NO. J.B. 9939
BE IT RESOLVED by the City Council of the City of
National City that the City Engineer is authorized to enter
into an escrow for the acquisition of real property of a
portion of the property needed for the Euclid Avenue
extension (Assessor's Parcel Number 558-180-12) per Fidelity
National Title Escrow No. J.B. 9939, a copy of which is
attached hereto as Exhibit A.
PASSED and ADOPTED this 10th day of January, 1989.
ATTEST:
GEORGE H. WATERS, MAYOR
LOFI ANNE PEOPLES CITY CLERK
APPROVED AS TO FORM:
ANA ar
GEORGE H. EISER, III -CITY ATTORNEY
Fidelity National Title
INSURANCE COMPANY
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894
Telephone (619) 295-7332
ESTIMATED CLOSING STATEMENT
for NATIONAL CITY
Date:
August 19, 1988
Escrow No. S-9939
Property: 558-180-12
inaivob.c/770
Debits
Credits
onsideration or Saks Price
Paid outside of escrow
Deposits
By first trust deed
By second trust deed
Pro -rations made as of
Taxes for 1 year S
Interest on S @ %
Rent @ S per
S Ins. Expiring premium S
Commission Paid To
Title Insurance Premium
Transfer Tax
ecording Fees Grant Deed
Partial Reconveyance
Escrow Fee
Termite and/or Inspection Fees
Demand of:
Principal
Interest @ from to
Interest @ from to
Prepayment Charge
Reconveyance Fee
Forwarding Fee
Lender's cahrge for issuing Reconveyance (Partial)
Escrow Pad
N.
Balance Due This Escrow •m.
Balance Due You — For which our check is enclosed
Enclosed ( ) Original Note
( )
( )
TOTALS
S 8,760.00
400.00
50.00
25.00
316.00
175.00
100.00
9,826.00
$
$9,826.00
S
Fidelity National Title
INSURANCE COMPANY
ESCROW NO: JB-9939
DATE: APR 01, 1988
'c'''RC J OFFICER: Jewell Biddle
ESCROW INSTRUCTIONS
Cash through escrow 8,760.0U
Total Consideration 8,760.00
On or before 05/16/88, I/We will hand you the sum of S8,760.00, $0.00 of which I have
handed escrow holder;
FOR A TOTAL CONSIDERATION OF $8,760.00
AND I will hand you any additional funds and instruments required from me to enable
you to comply with these instructions, which you are instructed to use when you are
able to procure a Standard Form Policy of Title Insurance from FIDELITY NATIONAL
TITLE with liability of not less than $8,760.00, on the following described'
propertyin the County of SAN DIEGO, State of California:
Complete legal description attached hereto and made a part hereof by reference
National City, CA 92050
Showing title vested in:
City of National City, a Municipal Corporation
FREE FROM ENCLMBRAfor the fiscal year 1988/89, including levies for any district
such as, but not limited to, drainage, irrigation,road improvements, fire protection,
etc., and any supplemental taxes assessed pursuant to the provisions of the statutes
of 1983, the State of California. Parties acknowledge you make NO REPORT of personal
property taxes.
BONDS AND ASSESSMENTS with no delinquent payments.
3. COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, RIGHTS, AND RIGHTS
OF WAY OF RECORD, INCLUDING SO CALLED ZONING ORDINANCES, if any.
CONSUMMATION of this escrow is CONTINGENT UPON THE FOLLOWING:
A) Buyer's approval of the Preliminary Title Report within 5 days of receipt of same.
In the event of no written disapproval deposited into escrow within said time limit,
IT WILL BE DEEMED APPROVED, and release of this contingency.
B) The City Council's approval of this transaction. Said approval shall be evidenced
by buyer's execution of the Certificate of Acceptance.
Notwithstanding printed matter to the contrary, The City of National City agrees to
pay the following: Escrow fees, title insurance premium, recording fees, transfer
taxes and other closing cost incidental to conveying title to the City; Document
preparation fees; Penalty cost and other additional charges as applicable of any
prepayment of any pre- existing recorded mortgage entered into in good faith
encumbering the property; and prorated portion of real property taxes which are
allocable to the period subsequent to the date of transfer of title to the City.
You are authorized to pay all encumbrances necessary to place title in condition
called for herein, including, but not limited to, prepayment penalties, to show title
herein provided, without further approval.
Buyer acknowledges deposit of Closing Funds to be in the form of Guaranteed Funds,
unless other arangements Ire made prior to closing for CASH deposits, or transfer of
funds.
THE FOLLOWING PRORATIONS AND ADJUSTMENTS AREA•.REQUIRED AS OF close of escrow
ALL PRORATIONS AND ADJUSTMENTS ARE TO BE AFFECTED ON A 30-DAY BASIS AND CLOSE OF
ESCROW IS THE DAY DESIGNATED BY THE RECORDATION AND/OR REGISTRATION OF THE DATE OF
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
Fidelity National Title
INSURANCE COMPANY
FILING DEED.
Buyer and Seller acknowledge that as a requirement for the closing of this escrow,
and in accordance with Section 1521 of the Tax Reform Act of 1986, escrow holder must
receive from Seller a tax information statement prior to the close of escrow. Buyer
Id Seller further acknowledge that escrow holder must provide this information to
L.ie Internal Revenue Service, and if the Seller is required to file a return, a
negligence penalty or other sanction will be imposed on Seller if this incorie is
taxable and the Internal Revenue Service determines that it has not been reported.
THE FOREGOING INSTRUCTIONS ARE SUBJECT TO 'GENERAL PROVISIONS' AS SET FORTH ON THE
ATTACHED PAGE. BY YOUR EXECUTION BELOW, PARTIES HEREIN ACKNOWLEDGE THEY HAVE READ
AND FULLY UNDERSTAND ALL PROVISIONS CONTAINED THEREIN.
SELLERS:
Federico Manglicmot
1610 Casa Place
National City, CA 92050
BUYERS:
City of National City
BY:
/• l- L.t /` c' fr
243 National City Boulevard
..ational City, CA 92050
ti
a..
Remedios Manglicmot
P.O. Box 85589 • San Diego, California 92138
2763 Camino del Rio South • San Diego, California 92108-3894 • Telephone (619) 295-7332
Fidelity National Title
INSURANCE COMPANY
DATE: April 1, 1988
ESCROW NO: JB-9939
ESCROW OFFICER: Jewel Bill e
)EPOSIT OF FUNDS
hsurance Code Section 12413 mandates all funds must be "available as a matter
ght" prior to disbursement. DELAYS IN CLOSING will occur If dosing funds are
other than bank wire, cashiers check or similar typeme drawn on a California in agen-
eral Alunds
funds received in this escrow shall be deposited with other escrow
escrow account or accounts of FIDELITY NATIONAL TITLE INSURANCE
COMPANY, with any state or national bank, and may be transferred to any other such
general escrow account or accounts. Said funds Ill be earn
de Inbyterestcheck
unless
Fls ote other-
wise specifics/y stated herein. Al disbursements
NATIONAL TITLE INSURANCE COMPANY. are to deduct there-
from for any reason funds are retained or remain in escrow, you
a reasonable monthly charge as custodian thereof of not less than $10.00
per month.
2. PRORATiONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow are to be made on the
basis of a thirty (30) day month unless otherwise instructed in writing. The phrase "dose
of escrow" (COE or CE) as used in this escrow means the date on which documents
we recorded and relates only in proration and/or adustr,x% its unless otherwise specified.
You are to use information contained on last available tax statement, rental
tatement
as provided by the seller, beneficiary's statement and fire insurance policies
into escrow for the prorates provided for herein.
3. RECORDATION OF INSTRUMENTS
Recordation of any instruments title eretrohhlsauthorized. if ncessary or proper
for the issuance of the policyf insurance called for,
4. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instructions, supplements, amendments•
or notices of cancellation and closing statements in this escrow, to the Real Estate
Brokers(s) and Lenders(s) named in this escrow.
b. AUTHORIZATION
TO
EXECUTE ASSIGNMENT OF HAZARD
INSUREither Buyer, Seller and/or Lender will hand you insurance agent and insurance pol-
icy information and you are to execute, on behalf of the principals hereto, form assign-
ments of interest in any Insurance policy (other than title insurance) called for In this
escrow, forward assignment and policy to the insurance agent, requesting that insurer
consent to such transfer and/or attach a loss payable clause and/or such other endorse-
ments as may be required, and, forward such policy(s) to the principals entitled thereto.
It is not your responsibility to verify the Information handed you or the assignability
said insurance, your sole duty is to forward said request to insurance ages
at dose
of escrow.
6. PERSONAL PROPERTY
No examination or insurance as to the amount or payment of personal property taxes
is required unless specifically requested.
7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in
your office in writing. You shall within two (2) working days thereafter mail, by certified
mail, one copy of such notice to each of the other principals at the addresses stated
in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN
YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH
MAILING, YOU ARE AUTHORIZED TO COMPLY WiTH SUCH NOTICE AND DEMAND
PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are
authorized to hold all money and instruments in this escrow and take no further action
until otherwise directed, either by the principals' mutual written instructions, or final
order of a court of competent jurisdiction.
6. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as escrow holder, have the abso-
lute right at your election to file an action in interpleader requiring the principals to answer
and litigate their several claims and rights among themselves and you are authorized
to deposit with the clerk of the court ell documents and funds held in this escrow. In
the event such action is filed, the principals jointly and severalty agree to pay your can-
cellation charges and costs. expenses and reasonable attorneys fees which you are
ESCROW INSTRUCTIONS
(continued)
GENERAL PROVISIONS
required to expend or incur in such In erpleader action, the amount thereof to be fixed
and judgment therefor to be rendered by the court. Upon the filing of such action, you
shall thereupon be July released and discharged from all obligations to further per-
form any duties or obligations otherwise imposed by the terms of this escrow.
6. TERMiNATiON OF AGENCY OBUGATiON
ff there is no action taken on this escrow within six (6) months after the "time Iimlt
date" as set forth In the escrow instructions or written extension thereof, your agency
obligation shall terminate at your option and all documents, monies or other items held
by you shall be returned to the parties depositing same. In the event of cancellation of
this escrow, whether it be at the request of any of the principals or otherwise, the tees
and charges due FIDELITY NATIONAL TITLE INSURANCE COMPANY, Including
expenditures Incurred and/or authorized shall be borne equally by the parties
ereto
(unless otherwise agreed to specifically).
10. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting instructions other than cancellation instructions, you
are no longer obligated to take any further action in connection with this escrow until
further consistent instructions are received from the principals to this escrow except
as provided In Paragraph 7 of these General Provisions.
11. DELIVERY/RECEIPT Delivery to Buyer and/or Seller as used in these Instructions Is to be by regular
mail, and receipt is determined to be 72 hours after such mailing unless otherwise
stated herein.
12. STATE/FEDERAL CODE NOTIFICATIONS
Pursuant to Section 480.3 of Revenue and Taxation code of the State of California
prior to the dose of escrow, Buyer will provide Escrow Holder with a Preliminary Change
of Ownership Report. In the event said report is'notha bled Holderof for
t
sub-
mission to the County in which subject property saidtcounty
Deed, Buyers acknowledge that the applicable fee will be assessed by
and Escrow Holder shall debit the account of Buyer for same at close of escrow. Further.
Buyers acknowledge that this lack of submission may impact certain provisions under
the Owners Policy of Title Insurance issued at close of this escrow.
Pursuant to Foreign Investors in Real Property Tax Act, the Internal Revenue Code,
Sections 1445 and 6039 C, Buyer and Seller herein represent and warrant that they
will seek and obtain independent legal advice and counsel relative to their obligations
and will take all steps in order to comply with such requirements and agree to hold you
harmless relative to their compliance therewith.
13. ENCUMBRANCES
You are authorized to pay all encumbrances rheceeeary to place title in condition called
for herein, including but not limited to prepayment penalties, without further approval
of the undersigned.
14. USURY
You are not to be concerned with any question of usury in any loan or encumbrance
involved in the processing of this escrow and you are hereby released of any respon-
sibility or liability therefor.
15. DISCLOSUREsuch facts do not Your knowledge of matters affecting the property, provided
pre-
vent your compliance with these instructions, does not create any liability or duty in
addition to your responsibility under these instructions.
16. COUNTERPARTS
These instructions, and any amendments or supplements thereto, may be executed
in arty number of counterparts, each of which shall be deemed an original, regardless
of the date of execution and delivery. All such counterparts shall constitute one and
the same document.
ALL DOCUMENTS, BALANCES AND STATEMENTS DUE THE UNDERSIGNED ARE
TO BE MAILED TO THE ADDRESS SHOWN BELOW.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER
OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING
RAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE
GENERAL PROVISIONS.
51-2
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 9, Leisure I Estates in the 8840,City of on
National City, according to the map thereof Map
file in the Office °ecorer of the rded on 21stCd y oy f April
n
Diego, State of California,rnia, reco
1978, lying westerly ofa descrpbed line with and 42.00 feet
easterly of the following
Beginning at the point of intersection of the centerline of
Euclid Avenue with the centerline of 16th Street, as100o0n
having1
on said Map No. 8840, thence South 17°43'52"Easta radius,
ad100 o f
feet to a tangent curve concave westerly,
said
ugh
1400.00 feet; thence southerly an arcnglength of v229t47o feet;a
central angle of 9 23 2to a
curve
thence South 8°201East,
a radius ofe1400.00 tfeetptthence
concave easterly having
southerly along said curve,
th2rough a
feet; central
thence of
th
9°33'46", an arc length
17°54'10" East, 42.89 feet to a point on the centerline off
18th18th Street, as said centerline is shownroon 1785 the
file oman
Lincoln Acres Orchard Subdivision, Map March on f; sain
said County Recorder's Office, 6th dayth
point of intersection on the centerline
of 18
centeliner et being
e
also 19.00 feet easterly along quarter of the Northwest
Northwest corner of the Southwest
q Map No. 166 records of f
t
quarter of Quarter
eCtion 1869.107 p
said County, May llth
The above described parcel contains 1,179 square feet.
Attached hereto and made a part of this legal description,
is a map designated as Exhibit "B."
Assessor's Parcel:
Property Owners:
Agency:
Project:
Project Parcel:
BSI Job:
Date:
558-180-12 (portion)
Mr. Federico Manglicmot and
Mrs. Remedios Manglicmot
City of National City
Euclid Avenue Extension
51-2
1091-0051-55
June 2, 1988
J�J
a
A1.54'3a4c
A7 NIA° 31'46' E.
PAD
EXHIBIT " B"
j\il AP 4 J
AP MO. 8-I&-12
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51-2
R= 14O0.0p
EucLid 4 vVtiue 2c 47
RIGHT OF WAY PARCEL NO 5I-2
P. NO. 551:5150-12
AREA OF ACQUISITION WTI 6F
DATE 10-i-87 -
OWNER DERILD 4 tzEHED105 NAAI6UCHOt
AREA
TO BE ACQUIRED
RIGHT OF WAY MAP OF
EUCLID AVENUE
CITY OF NATIONAL CITY