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HomeMy WebLinkAbout03-19-1991 Agenda #2 - D91-5 BCity of National City, Californi COUNCIL AGENDA STATEMENT MEETING DATE March 19, 1991 (-ITEM TITLERESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ESCROW INSTRUCTIONS FOR THE TRANSFER OF THE CITY -OWNED PROPERTY NORTH OF 16TH STREET BETWEEN HOOVER AND HARDING AVENUE TO ROBERT AND JOAN RICHARDS, COMMONWEALTH LAND TITLE, ESCROW NO. 120889-CT PREPARED BY Cameron Berkuti DEPARTMENT Engineering AGENDA ITEM NO. 2 EXPLANATION. On February 17, 1991 the City Council authorized the City Engineer to enter into an escrow agreement for the sale of the property on the northside of 16th Street between Hoover Avenue and Harding Avenue to Robert and Joan Richards for $7,000.00. The purpose of this resolution is to authorize the Mayor to sign a quitclaim deed, and the escrow instructions for the transfer of the property. } Environmental Review N/A Financial Statement Buyers have already deposited $2,000.00 with the City. Account No. SWF RECOMMENDATION 1. Adopt the Resolution 2. Direct the City Clerk to transmit deed and the escrow instructions to BOARD / COMMOtkVN ldoW ATFONnY • N/A the executed copy of the quitclaim the Engineering Department for the ATTACHMENTS (Listed Below) Resolution No. 91-47 1. Resolution 2. Quitclaim Deed A-200 (Rev. 9/80) TRANSAMERICA TITLE INSURANCE Transamerica t-rrl, ! , �� Title Insurance Co n �1` "";' 3333 Camino Del �tio Sout}t, §te. 400 (San Di) 563,5000 CA ��1 }R -4 Aria S' 00 HAT'r' i:r.1 r I i�i�. C1' y The City of National City Date: March 1, 1991 1243 National City Blvd. National City, CA 92050 OrderNo.: 120889-ct ATTN: Cameron Berkuti Your No.: In connection with the above references, we enclose the following: ❑ 1. Preliminary Report dated ❑ 2. Certified copies of Covenants, Conditions and Restrictions ❑ 3. Maps ❑ 4. Policy of Title Insurance ❑ 5. Copy of item No of preliminary report ❑ 6. Endorsement No (which we hereby authorize you to insert in the policy of title insurance.) CT 7. Escrow instructions and quit -claim deed for signature Carol M. Thomas Escrow Officer RECONTH JG REQUESTED BY AND WHEN RECORDED MAIL TO xeme Mr. and Mrs. Robert Richards suets 4643 Lawler Court Mare coy La Mesa, CA 92041 hate L Sp u T J MAIL TAX STATEMENTS TO street same as above Mares Olty Bab ZIP L J SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ 7.70 XA COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, _OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. CLTC/ Signature of Declarant or Agent determining fax. Firm Name QUITCLAIM DEED (CORPORATION) By this instrument dated March1., 991 THE CITY OF NATIONAL CITY, a Municipal corporation (Escrow No for a valuable consideration, do hereby remise, release and forever quitclaim to ROBERT JOHN RICHARDS and JOAN S. RICHARDS, husband and wife as joint tenants the following described Real Property in the State of California, County of City of National City San Diego The Westerly Ten feet of Lot 12 in Block 80, of National City, according to Map thereof No. 348, filed in the Office of the County recorder of San Diego County, October 2, 1887. THE CITY OF NATIONAL CITY BY: PLEASE NOTE THIS DOCUMENT IS TO BE SIGNED AND ACKNOWLEDGED BEFORE A NOTARY PUBLIC EXACTLY AS YOUR NAMES ARE TYPED. ..._..., 19._.._.., before me, the undersigned, a Notary Public in and for said y appeared. ..._..._....__._.__..._...._._............_._....._.__ Jmown to me to be the med, and acknowledged to me that such Corporation executed the same. 19 ATEMENTS AS DIRECTED ABOVE L :,n t:. 'rd uc a �I�fec V e;L;... SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. 400 San Diego, CA 92108 563-5000 CASH TO COME PAID OUTSIDE TOTAL SALES PRICE ESCROW N0: 120889-ct DATE: February 28, 1991 PAGE 1 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER $ 5.000,00 $ 2,000.00 S 7,000.00 BUYER will cause any instruments and/or funds called for herein to be delivered to you to enable you to comply with these instructions, all of which you are authorized and instructed to use and/or deliver on or before March 21, 1991, TIME LIMIT FOR CLOSE OF ESCROW, and when you are in a position to issue your standard coverage form Policy of Title Insurance. with a liability of at least the amount of the above total sales price covering property described below in the City of National City County of San Diego, State of CA: The westerly ten feet of Lot 12 in block 80, of National City, according to Map thereof No. 348, filed in the Office of the Cuonty Recorder of San Diego County, October 2, 1887. INSURING TITLE VESTED IN: Robert John Richards and Joan 5. Richards, husband and wife, as joint tenants. SUBJECT ONLY TO: All (1991-92) installment(s) of the General and Special County. and City (if any) Taxes. including any special district levies, payments which are included therein and collected therewith. a lien not yet due or payable, for current fiscal year. not delinquent, including taxes for ensuing year, if any. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498 Statutes of 1963 of the State of California. Covenants. conditions. restrictions, reservations, and rights of way of record. easements and the exception of minerals, oil, gas, water, carbons and hydro -carbons on or under said land, now of record. A. Escrow holder is in no way concerned with hazard insurance on subject property. B. There shall be no prorations made through this escrow. C. The property shall be conveyed by seller to buyer by way of a quit -claim deed. D. Buyer has handed seller the sum of $2,000.00 outside of escrow, receipt of which is hereby acknowledged, which $2,000.00 shall be applicable to the purchase price at the close of escrow. THE FOLLOWING ARE MEMORANDA TO THIS ESCROW WITH WHICH ESCROW HOLDER IS WAY CONCERNED OR LIABLE: 1. Buyer agrees to merge the subject property with adjacent property the close of escrow. na ea IN NO after SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South. Ste. 400 San Diego. CA 92108 563-5000 ESCROW NO: 120889-ct DATE: February 28, 1991 PAGE 2 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER In addition to amounts set forth above, Buyer will hand you, before the time limit for close of escrow as set forth herein. funds in an amount to cover adjustments and prorations as set out above, Buyer's usual closing costs including but not limited to one-half escrow fee, lender's title insurance fees. drawing fees, normal recording fees, and fire insurance premiums, if applicable. Seller will deliver you all instruments and/or funds required to enable you to comply with these instructions. You are instructed and authorized to use and/or deliver these instruments and funds as instructed, providing you hold for the Seller's account within the time limit for close of escrow set out herein, instruments called for herein and all monies due, plus or minus the above prorations and adjustments. From said monies, you are instructed and authorized to deduct and pay Seller's usual closing costs including but not limited to one-half escrow fee, drawing fees, normal recording fees, owner's title insurance fees, and required transfer tax. You are instructed and authorized to pay off bonds, assessments and/or taxes, also any encumbrances of record, plus accrued interest and charges, if any, to place title in condition called for in these instructions. You are instructed to order the title search at once. The foregoing terms, conditions and instructions, including the "General Instructions" attached hereto, (as if fully set forth herein), have been read and are understood by each of the undersigned, who hereby agree to, concur with, approve and accept the same in their entirety, BUYER SIGNATURE(S): Robert John Richards MAILING: 4643 Lawler Court, La Mesa, CA 92041 FORWARDING: 4643 Lawler Court. La Mesa. CA 92041 Joan S. Richards MAILING: 4643 Lawler Court, La Mesa, CA 92041 FORWARDING: 4643 Lawler Court, La Mesa, CA 92041 SELLER SIGNATURE(S): The City of National City BY: BY: MAILING: 1243 National City Blvd., National City, CA 92050 FORWARDING: 1243 National City Blvd., National City, CA 92050 SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. San Diego, CA 92108 563-5000 ESCROW NO: 120889—ct DATE: February 28, 1991 400 PAGE 3 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER GENERAL INSTRUCTIONS (1) mace all adjuster ad/or proratims, if aiy, on the basis of a 30-day mxrtn. "CLOE Of Bator is tte day irstnmeits are recorder, (2) Arty atenoaent or sppleeent to these irstnctims rust be in writirq ad droosited with tar caaany. Ae further unerstam your mway shall rot be bard by try iratnictiors unless in writing. (3) All fads receihed in this escrow stall be deoosited with other escrow furs in a gereral escrow mats or smuts of fumwamealth Laid Title Ctway, with ay State or Madera) Bak, am say be tramferred to ay other sou general were arrant or scants. All disbursements shall be made by check on such acoard(s). (4) You are aNarized ad irstnwted to furnish a copy of these instnctiors, any aaneents thereto and/or final closing statement to the Real Estate Broke- representing try of the parties in this trasaction, also to try later holding or cmtewlatirg a lean against the object property. (5) Recordation of ay irstnments delivers threat this escrow, if recessay or prover in the issuance of the policy of title insuraee called for, is authorized. (6) If you are the prevailing party in try atim or proceeding between you ad sane a all of the parties to this escrow, you shall be entitled to all costs, expenses, ad reasonable attareys' fees erred or ircwreo in wmatim therewith. If you are rewired to respond to art/ legal sums or proceedings rot involving Meech or fault spin your part, the parties to this escrow jointly ad severally agree to pay all costs, menses, ad reasonable attarey's fees ewud or incurred by you, and the parties further agree to indemnify you against all loss ard emase in the said action or proceeding. (7) Time is of the essence of these irstnctias. If a written dead to carol is sibmitted after tte time limit for close of escrow, by try principal to this escrow, you Sall within three (3) working days after your receipt of sr mail by certified rail owe cepy of such notice to each of the other prircipals at the addresses stated in this escrow. Unless written injection thereto is filed in your office by a principal within fifteen (15) calendar days after the rote of srh mailing, you are auUorized to caret this escrow, 1f written rejection is filed with you, you are adhaized to hold all prey at documents in this escrow an take ro further tttim until otherwise directed, either by the principals' utual written irotncties or by final order of a out of competent jurisdiction. If ro such demand is rade, close this escrow as soon as possible. You may return lender's papers ad/or fords won larder's &end. 03) The principals hereto expressly agree that yen, as (sera folder, have the absolute ri¢,t at your election to file an atim in intewleader in a court of cemetent jurisdictim rearing the prircipals to aster ad litigate their several claims an rights tag themselves and yes are authorized to depmit with the clerk of the cart all docmmts ad fads held in this escrow. In the went ouch action is filed, the principals jointly and seieraily agree to pay your carcellatim charges at costs, ezpeses and reasonable attomeys' fees Mich you are rewired to expend or inair in such interplealer action, the ant thereof to be fixed ad juogmnt to te rendered by the cart. Upon the filing of such action, yen shall thereupon te fully released an dire* from ail religatiors to further perform any duties or obiigatias otherwise iepsd by the term of this escrow. (9) If there is re written activity by a principal delivered to this escrow within ay six -north period after the time limit for close of escrow as set forth in the escrow instnctias or written extersion thereof, your aprrcy cbligatim small terminate at your option am all accents, omits or other item held by yen shall be returned to theparty depositing sae, less fees ae charges herein provided, (10) You are not to be enema with ay qi stim of usury in any loan or eroabrace involved in the prmessirg of this carpi( an you are hereby released frail ay resoamibility or liability therefor, (11) You are released frm and shall have no iitoility, obligation or reversibility with recut to (a) withholding of funds wrsuant to Section 1445 of the Internal Revere Code of 1951 as maned, ad/or Sectias 1E8E6 at 26131 of tie State of Califomia Rveme ad Taation Code (b) advising the parties a to the requirements of such Section(s), (c) determining thetter the traaferor is a foreign person user such Section(s), ror (d) obtaining a non foreign affidavit or other exemtim from witNtlding under swn Sectim(s) par otherwise Baking try inwiry concerning cmpliace with such Section(s) by my party to the ale trasatim. (12) Parties herein akrowledge trot effective July 1, 1995. pursuant to a new state law (Seetim 480.3, R a U, ail deeds and otter dcmems that reflect a Chas in arnership in real property teen presented for reeding, must te arowaied by a preliminary doge of arership reprt. If this report is not presented by buyer prior to the close of escrow, or is rot omitted to the satisfaction of the County Recorder, am additional recording fee of 320.00, as rewired by lam, will te charged by the canty recorder, (at in such wait escrow holder will charge buyer's scant aadirgly), the minty nearer will the faward ands form to buyer for comletim foilowirg recordation ad the failure of buyer to comply with requests pursuant to said charge of oonersbip report may result in aditioral fires/peralties payable to the carry in Mich Be property is located. (13) A.B. 512/leutmce Code Satim 12413.1, tecas effective Jacery 1, 1950 and (Axes certain restriction m title imnrawe companies, controlled escrow armies ad uderwrittey title commies, Mich may have an effect m the closirg of your escrow die to natatory hold periois/tire limitatiors inn m damits of erects and/or finding imtneents. 'biting periods have been established 'Inch we in Pq T cases 1 to 7 busires bays after the reins date on ieich the derk/irotr ant is depositea into our scat. If gar escrow tra$action contaolates the image of a type of dear an/or fuzing instnrent, ircidirg try iarer's furs, whithh pry he object to a hold peried, olease contact your escrow officer as sou as possible to void delays in clesirg gar escrow. Alternative Bettors of fads, irciding eiectromic payments, nay be &Masted. Your tor: SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. San Diego, CA 92108 563-5000 ESCROW NO: 120889-ct DATE: February 28, 1991 400 PAGE 1 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER CASH TO COME PAID OUTSIDE TOTAL SALES PRICE S 5,000.00 5 2,000.00 S 7,000.00 BUYER will cause any instruments and/or funds called for herein to be delivered to you to enable you to comply with these instructions, all of which you are authorized and instructed to use and/or deliver on or before March 21, 1991, TIME LIMIT FOR CLOSE OF ESCROW, and when you are in a position to issue your standard coverage form Policy of Title Insurance, with a liability of at least the amount of the above total sales price covering property described below in the City of National City County of San Diego, State of CA: The westerly ten feet of Lot 12 in block 80, of National City, according to Map thereof No. 348, filed in the Office of the Cuonty Recorder of San Diego County, October 2, 1887. INSURING TITLE VESTED IN: Robert John Richards and Joan S. Richards, husband and wife, as joint tenants. SUBJECT ONLY TO: All (1991-92) installment(s) of the General and Special County, and City (if any) Taxes, including any special district levies, payments which are included therein and collected therewith, a lien not yet due or payable, for current fiscal year, not delinquent, including taxes for ensuing year, if any. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498 Statutes of 1983 of the State of California. Covenants, conditions, restrictions, reservations, and rights of way of record, easements and the exception of minerals, oil, gas, water, carbons and hydro -carbons on or under said land, now of record. A. Escrow holder is in no way concerned with hazard insurance on subject property. B. There shall be no prorations made through this escrow. C. The property shall be conveyed by seller to buyer by way of a quit -claim deed. D. Buyer has handed seller the sum of $2,000.00 outside of escrow, receipt of which is hereby acknowledged, which $2,000.00 shall be applicable to the purchase price at the close of escrow. THE FOLLOWING ARE MEMORANDA TO THIS ESCROW WITH WHICH ESCROW HOLDER IS IN NO WAY CONCERNED DR LIABLE: 1. Buyer agrees to merge the subject property with adjacent property after the close of escrow. SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South, Ste. 400 San Diego, CA 92108 563-5000 ESCROW NO: 120889—ct DATE: February 28, 1991 PAGE 3 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER GENERAL INSTRUCTIONS (1) Wake all adjusuents at proratims, if my, on the basis of a 30-day mntn. "UK Of ESCRO4" is tie day irstnments are recmmo. (2) My aoerlaent or aspirant to the itstnrtims lust be in writirg and deposited with lour cmrory. We further understand your hammy shall rot be bad by ay instructin unless in writing. (3) All fads received in this escrow+ stall te deposited with otter escrow funs in a general esaw accost or rents of Compnea)th Lad Title Coway, with ay State or Rational Bak, aro may De transferred to ay other sun general escrow accent or atoms. All dis untaents stail be made by shade on such acosd(s). (4) Ym are aathmized and irstritted to famish a coy of these instr ctiors, ag mewbmts thereto ad/or final closing stateeent to the Real Estate Broker representing ay of the parties in this transaction, also to any later holding or cmtemlatirg a loan against the &Oat property. (5) Recordatien of any irstrmmts delivers throb& this escrod, if necessary or proper in the issuaee.of the policy of title ingrate called for, is admrized. (6) If you are the prevailing party in ay atim or proceeding between you as sore or all of the parties to this escrow, you shall be entitled to all casts, expenses. and reasonable attorneys' fees emended or ircwred in arestio therewith, If you are rewired to respond to any legal stoners or oraceedirgs rot involving breach or fault tom yaw part, the parties to this escrow jointly am severally agree to pay all costs, emmses, ad reasonable attorney's fees eroemed or iraaee by you, ad the parties further agree to irdemify you against all loss and emmse in the said action or proceeding. (7) Time is of the essefe of ttesa irstnctims. If a written dead to cant is stheitted after the time limit for close of escrow, by ay principal to this escrow, you shall within tiree (3) working days after your receipt of sane mail by certified mail one copy of soh rotice to each of the other principals at the addresses stated in this escrow. Unless written objection thereto is filed in yaw office by a principal within fifteen (15) calerdm days after the rote of soh mailing, yeu are authorized to cancel this escrow. If written objection is filed with you, you are theorized to hold all money ad dements in this escrow and take ro further &tier until otherwise directed, either by the principals' actual written irstrtttims or by final order of a court of competent jurisdiction. If ro soh keel is ode, close this escrow a soon as possible. You may ream lender's papers ad/or furls tom leader's demand. (8) The principals hereto expressly agree that you, as escrow balder, rove the absolute right at your electim to file an itim in interdealer in a can of cuoetent yrisdictim rearing tte prircipals to riser and litigate their several claims ad rights along thaselves ad you are aamrized to deposit with the clerk of tte can all docents ad fads held in this escra, In the event sock action is filed, the principals jointly ard severally agree to pay your raceilatim charges ard costs, expenses ad reasvreole atmmeys' fees which you are rewired to exrerd or incur in soh interpleser action, the atom thereof to be fixed and juopent to te revered by the court. Upon the filirg of such action, you shall thereon te fully released and discharged from ail obligation to further perform any &ties or obligations otherwise imposed by tie terms of this escrow. (9) If there is ro written activity by a principal kiivered to this escrow within ay six-.mth period after tun time limit for close of escrow as set forth in the escrow instruaiors or written extension thereof, your enemy obligation mall terminate at your option ad ail documents, armies or other iters held by you shall be returned to the party depmitirg same, less fees and crerges herein provided. (10) You are not to be oxen with any austim of &try in e y loan on ensmorave involved in the prccessirg of this err& ad you are hereby released from ay resoorsibility or liability therefor. (11) You re released from and shall have ro lithil ity, obligation or responsibility witn resat to (a) witNnlding of funds Wrsumt to Section 1445 of the Internal Revere Cade of 1954 as mated, ad/or Sectioro 1893 ard 26131 of tie State of California Revere ad Taxation Code (b) advising the parties a to the requirements of soh &ction(s), (c) determining *letter the trap ere is a foreign persm rarer son Section(s), ror (d) obtaining a ton foreign affidavit or other exemxtim from witttaldirg oder son Sectim(s) ror otherwise .acing any inwiry mreeming cool iate with soh Section(s) by any party to the the trasatim. (12) Parties herein ackrwrled& trot effective July 1, 19E6, pursuant to a new state law (Section 4E0.3, R A T), ail deplus ad other documents that reflect a champ in c rership in real property Jam presented for recording, mat te, accorded by a preli.irery dimge of mnersnip nemrt. If this report is not presented by buyer prior to the close of mesa, or is rot omitted to the satisfaction of the Canty Recorder, ai additional recording fee of 120.00, as rewired by law, will te charged by the minty recorder, (ad in soh ever EScrcw holder will charge buyer's avant acordirgly), the county recorder will that fonerd sun form to buyer for completion following recordation am the failure of pryer to cooly with retests pursuant to said clwge of ow,erthip report may result in additiorl fires/penalties payable to the county in rhich the property is located. (13) A.B. 512/Irsurace Code Section 12413.1, ten effective Jarery 1, 1990 at Claes certain restrictions m title innate companies, controlled escrow commies and intestitten title companies, which may have an effect m the closirg of year esaa due to mandatory hold periods/tie limitatiors loosed m deposits of cream ad/or fudirg innocents. Waiting periods have teal established rhith re in RC6T cases 1 to 7 Mires days after the bainess date on which the made/instrument is deposited into our flint. If your escrow trmsactim contemplates the usage of a twe of disk actor retire instrnxnt, irclydirg ay lender's foes, wnidi may be sttject to a hold period, olease contact you escrow officer as sun as passioie to avoid delays in closing war escrow. Alternative ;ethos of fads, including electronic payments, may be aggtsted. SALE ESCROW INSTRUCTIONS TO: Commonwealth Land Title Company 3333 Camino Del Rio South. Ste. 400 San Diego. CA 92108 563-5000 ESCROW NO: 120889-ct DATE: February 28, 1991 PAGE 2 OF 3 Carol M. Thomas ESCROW DEPARTMENT MANAGER In addition to amounts set forth above, Buyer will hand you, before the time limit for close of escrow as set forth herein. funds in an amount to cover adjustments and prorations as set out above, Buyer's usual closing costs including but not limited to one-half escrow fee, lender's title insurance fees, drawing fees, normal recording fees, and fire insurance premiums, if applicable. Seller will deliver you all instruments and/or funds required to enable you to comply with these instructions. You are instructed and authorized to use and/or deliver these instruments and funds as instructed, providing you hold for the Seller's account within the time limit for close of escrow set out herein. instruments called for herein and all monies due, plus or minus the above prorations and adjustments. From said monies, you are instructed and authorized to deduct and pay Seller's usual closing costs including but not limited to one-half escrow fee, drawing fees, normal recording fees, owner's title insurance fees, and required transfer tax. You are instructed and authorized to pay off bonds, assessments and/or taxes, also any encumbrances of record, plus accrued interest and charges, if any, to place title in condition called for in these instructions. You are instructed to order the title search at once. The foregoing terms, conditions and instructions, including the "General Instructions" attached hereto, (as if fully set forth herein), have been read and are understood by each of the undersigned, who hereby agree to, concur with, approve and accept the same in their entirety. BUYER SIGNATURE(S): Robert John Richards MAILING: 4643 Lawler Court, La Mesa, CA 92041 FORWARDING: 4643 Lawler Court, La Mesa, CA 92041 Joan S. Richards MAILING: 4643 Lawler Court, La Mesa, CA 92041 FORWARDING: 4643 Lawler Court. La Mesa, CA 92041 SELLER SIGNATURE(S): The City of National City BY: BY: MAILING: 1243 National City Blvd., National City, CA 92050 FORWARDING: 1243 National City Blvd., National City, CA 92050