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HomeMy WebLinkAbout08-20-1996 Agenda #7 - D-96-6 BD/c— City of National City, California COUNCIL AGENDA STATEMENT August 20, 1996 7 MEETING DATE AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THh MAYOR '1TU SXr;CUTE A QUl'1'CLA11vI DEED AND ESCROW INSTRUCTIONS FOR THE TRANSFER OF A PORTION OF THE CITY -OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF 16TH STREET AND EUCLID AVENUE, A.P.N. 558-101-04, COMMONWEALTH LAND TITLE ESCROW NO. 132119 PREPARED BY Cameron Berkuti DEPARTMENT Engineering EXPLANATION. (SEE ATTACHED) Environmental Review X N/A The City has been charged $200.00 for escrow fees Fin anaIState�erttor title policy. These charges will be deducted from the proceed of the sale. No. STAFF RECOMMEN ' ATION 1. Adopt the Reso 2. Direct the City Clerk to transm't the executed copy of the quitclaim deed and the escrow instructions to the Engineering Department for further processing with the Escrow Company. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below/ 96-137 Resolution No. 1. Resolution 4. Estimated Sellers Settlement 2. Quitclaim deed Statement 3. Sale of Escrow Instructions 5. Staff Report dated 6/18/96 A-200 (Rey. 9/80) • RESOLUTION NO. 96-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ESCROW INSTRUCTIONS FOR THE TRANSFER OF REAL PROPERTY OWNED BY THE CITY TO ABEL F. ARANZUBIA AND MARIA ARANZUBIA, HUSBAND AND WIFE BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a quitclaim deed and escrow instructions transferring real property owned by the City at the northwest corner of Euclid Avenue and 16th Street (A.P.N.:558-101-04) to Abel F. Aranzubia and Maria Aranzubia, husband and wife, as joint tenants. Said quitclaim deed and escrow instructions are to be submitted to the Engineering Department for recordation by the title company. PASSED and ADOPTED this 20th day of August, 1996. W , George H. titers, Mayor ATTEST: bit I Lori Anne Peoples, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 20, 1996 by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City lerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 96-137 of the City of National City, California, passed and adopted by the Council of said City on August 20, 1996. City Clerk of the City of National City, California By: Deputy EXPLANATION: On January 23, 1996, the City Council accepted an offer from Mr. Abel Aranzubia, the owner of the adjacent property, for the purchase of a portion of the City -owned surplus property located at the northwest corner of 16th and Euclid Avenue, A.P.N. 558-101-04. The offer was for $1,000.00 and included the following conditions that were set by the City Council: 1. Interested parties should conduct a field examination. 2. This property is sold in an "as is" condition. 3. The buyer shall merge this property with the adjoining property. 4. Buyer shall install sidewalk and trees in the parkway along Euclid Avenue. On June 18, 1996, the Staff prepared a report on the status of the property at the northwest corner of 16th Street and Euclid Avenue (see the attached copy of June 18, 1996's report) which included a request by the property owners to use the parcel to park their vehicles on. The City Council discussed the item at the meeting, and decided to continue the item to allow for additional review by the City Council and the Staff. Since then, Mr. Aranzubia has decided to drop his request to park vehicles on the property. Therefore, 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. qc RECORDING REQUESTED BY: COMMONWEALTH LAND TITLE COMPA\Y 132119 976349-4 WHEN RECORDED MAIL THIS DEED AN), UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Abel F. Aranzubia and Maria Aranzubia 2339 16th Street National City, California 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: QUITCLAIM DEED t. The undersigned grantor(s) declare(s): Documentary transfer tax is $1.10 XXX) Computed on full value of property conveyed, or ) Computed on full value less liens and encumbrances remaining at time of sale. Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City hereby GRANT(S) to Abel F. Aranzubia and Maria Aranzubia, husband and wife as joint tenants the real property in the City of National City, County of San Diego, State of California, described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated August 1, 1996 State of California County of SAN DTF.GO ) S.S. 0n September 12. 1996 before me, Norma p Notary Public---- GEORGE-H_ WATERS National City personally known to me n th + ) to be the persongq whose name(wase subscribed to the within instrument and acknowledged to that/S,{they executed the same in authorized capacity(trs), and t at by(y "fir signature(b on the instrument the person(, or the entity upon behalf of which the person()Y acted, executed the instrument. Urim , personally Mayor of thn appeared ('5 ty WITNESS my handnd fici seal.. Signature City of National City By: NORMA P, URIAS d COMM, #979999 I NOTARY WBIIGCALPrOtlNA SAN DIEGO COUNTY My Comm, &G+w Decanter6, 199611 (This area for official notarial MAIL TAX STAEMENTS TO: Abel F. Aranzubia and Maria Aranzubia, City, California 91950 seal) 2339 16th Street, National Exhibit "A" The Westerly 66.00 fat of the Northerly 100.00 feet of the Southerly 130.00 feet of Quarter Section 106 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. EXCEPTING THEREFROM: That portion lying Southeasterly, Easterly and Northeasterly of a line described as follows: Beginning at the Southwest corner of said Quarter Section 106; thence Northwesterly along the West line of said Quarter Section 106, a distance of' 30 feet; thence leaving said West line, Northeasterly 4 feet along a line parallel with the Southerly line of said Quarter Section 106 to a Point of Tangency to a curve concave to the Northwest; thence Northeasterly, Northerly and Northwesterly along said curve 31.42 feet, through an angle of 90°, with a radius of 20 feet to a Point of Tangency; thence along a straight line parallel with and distance thereof 24 feet from the Westerly line of said Quarter Section 106, a distance of 80 feet to an intersection with the North line of aforesaid parcel, the Point of Terminus. Commonwealth Land Title Company 1455 FRAZEE ROAD, SUITE 600, P.O. BOX 82028, SAN DIEGO, CA 92108 Estimated Seller's Settlement Statement Escrow No.: 132119 Seller: City of National City Property: portion 558-101-04, National City, California Escrow Officer: Danielle Frangos Cook Date: May 14, 1996 DEBIT CREDIT TOTAL CONSIDERATION PAYOFF BROKER'S COMMISSION PRORATIONS ESCROW FEES, TITLE CHARGES Settlement Charge RECORDING FEES, TRANSFER TAXES ADDITIONAL CHARGES RESERVES PROCEEDS DUE SELLER $1,000.00 200.00 400.00 400.00 $1,000.00 $1,000.00 City of National City, California COUNCIL AGENDA STATEMENT June 18, 1996 MEETING DATE AGENDA ITEM NO. REPORT UN THE SALE OF THE CITY'S SufEPLus PROPERTY AT THE EST CORNER OF 16TH STREET AND EUCLID AVENUE, A.P.N. 558-101- 04 PREPARED BY Cameron Berkuti DEPARTMENT Engineering EXPLANATION SEE ATTACHED J X Environmental Review Financial Statement N/A N/A Al Account No. 1 t R •fC is se COMMENDATION L Sta=L is seeKingdir tion from th City Council on whether Mr. Aranzubia will be allowed to park is vehicles on the property which the City is selling to him, provided he meets the City's parking use requirements. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No 1. Mr. Aranzubia letters dated August 21, 1995 and May 17, 1996 2. An offer to purchase Real Property ahel EXPLANATION: On September 12, 1995 the City Council approved the sale of the City owned surplus real property at the northwest corner of 16th Street and Euclid Avenue, A.P.N. 558-101-04 based on the attached letter of interest dated August 21, 1995 from the adjacent property owner, Mr. Abel Aranzubia. He stated that he would like to beautify and maintain the property and no statement was made to the Staff as far as parking his vehicles on the property. The property is approximately 2,400 square feet. The sale of the property was based on the following conditions: 1. Interested parties should conduct a field examination. 2. This property is sold in a "as is" condition. 3. The buyer shall merge this property with the adjoining property. 4. Buyer shall install sidewalk and trees in the parkway along Euclid Avenue. On September 26, 1995, the City received a formal offer from Mr. Aranzubia for $1,000.00 for the property in which he accepted the above conditions (attached). On January 23, 1996 the City Council accepted the offer. While Staff was in the process of opening an escrow based on City Council Policy No. 901 "Sale of Surplus Real Property", Mr. Aranzubia completed the sidewalk and the tree installation. However, prior to closing escrow, the City was notified that Mr. Aranzubia was using the property for parking his vehicles and using the pedestrian ramp as a driveway. As soon as he was notified, Mr. Aranzubia stopped using the property for parking his vehicles and requested (See the attached letter dated May 17, 1996) the City to approve another driveway to allow access to this property from Euclid Avenue in order to park one or two vehicles. He stated that he is willing to install a fence on the property line. Presently Mr. Aranzubia has one driveway on 16th Street to his property at 2339 16th Street, however because of the elevation differences between the two properties he is unable to access this property from his 2339 16th Street property. The purpose of this report is to seek direction from the City Council on whether Mr. Aranzubia will be allowed to park his vehicles on the property, provided he meets all of the City's parking requirements, after purchasing the property. If the city Council permits this property to be used for parking vehicles, based on the size of the lot and the setback requirements, only one vehicle would be allowed to park on it. The parking area has to be paved and the fence can not be no more than 6 ft. in height, except in the 15 ft. corner cutoff where it can not exceed 3 ft. in height. Mr. Aranzubia stated that he is not interested in the property if he can not park his vehicles on it. TPOD Poe. 0 fri 2 /29l /06 Ale /28 /o7 f SILT LI. QTR SEC /06 MAP /66 APN 558-IOI-o4 CITY OF NATIONAL. CITY REF. -MAP 6632 , 66e6 R.o.a..J855 EN6. No. 92l7 REM.q /NDER It/n/90 wx V. 003 1p/11.- Ilse ff.A /Z-/IJ/P4 2337 znt /4 r1 �S/rrset A'eram L C j» C*'/itiea COri _Tine Mc. AfaR. And }/oneiaeh' Sieyndests U Cf fr Cinevev7 rote eposF 7146 ,[e77 e es f 4fj e�rt c' e ,"ny z ra/ ce 7 Ivaeeiere� erase/uSLoneTeat. ins loohTaaAdrse!enf, �-+ ,�- F/u�-a s7 2 j /?7.S T.' J ?,yea,e E ee1e F1%O/P ss a . C'eaaresiL N754... 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Mend 7Artr And M/ w''/ts ate `• rezeed And o/ ,, fcrne-' e. e est we ztc-Ma eon? sn .Voeee Z. Seco.eT. Le+,ti i'f , 0 e'a.ee�.0 %i esaTe9 if 4- ia4i/ems new s,.sacex . • 22 ,..... 177nsord ) i %4 C At'tr»- R ID: BUR s, MQs dltY etVeflNESP__ t Wabto IS T4 u3E Ma PuP e 1S4- VEtlte1-E 6it -t&o AND Wen12,-o aKE 70 COT wA)' act P0040 ,ova Obi OW T l ml Do, MAX 17/1990 CITY 0! W•TIONAL CITY f.'t^INEERING DEPT. RECEIVED Date._71.//Z/96 By.. 9.17- TOE tor. 7t4I4r K/E 'rn c r re, pAgK Ar A Mohr Fog, 4 a;QP- NAgAsE At s fie Ate , 4n Ptzti l /2-33q a /67A /A1-61 L oft c (/) O67-r8r3 AN OFFER TO PURCHASE OF REAL PROPERTY PARCEL NO.558-101-04 !Ba SEP 26 P!! 2: 53 ADDRESS: NORTHWEST CORNFR OF 16TH STREET AND Pt IeLID A;ENT TF, The undersigned submits an offer in the following amount for the real property described above: IVORTBWESJ CORNER OF 16TH STREET AND RTICT.Tm AVF.NTIF, sir Or. It is understood that the City Council of the City of National City reserves the right to reject this offer and that this offer shall remain open and subject to acceptance by said council for a period of thirty (30) days after the date specified in this offer. ESCROW Within ten (10) days after acceptance of the offer by the City Council, the City will open a 30 day escrow. The buyer shall pay document recording fees and one-half escrow fees. TITLE- The City of National City will convey its right, title and interest in the property described herein by Quitclaim Deed. The right, title and interest in the property to be sold shall not exceed that vested in the City of National City, and the sale is subject to all title exemptions and reservations, whether or not of record. The City of National City assumes no liability for any possible encumbrances, either of no record or not of record, and assumes no responsibility for the accuracy of title report. No liability is assumed as to zoning or availability of utilities. The City will pay for the title insurance policy. COMMISSION• No commission will be paid for the sale of this property. SPF.CIAT, CONDITIONS: Buyer should be aware of the following conditions: 1. Interested parties should conduct a filed examination. 2. This property is sold in as "as is" condition. 3. The buyer shall merge this property with the adjoining property. 4. Buyer shall install sidewalk and trees in the parkway on Euclid Avenue. The buyer acknowledges that he has read and understands the terms set forth in this offer. Date: y— 77— %.s Tel: '56 7- d_g/ oPTp /74 7 Agar. %-.e at,/nata Signature of Buyt 233`� AS - rA'427,4A 7fl5- Address / Docket Number n REQUEST FOR LEGAL SERVICES Date AUGUST 12, 1996 From CAMERON BERKUTI of RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND ESCROW INSTRUCTIONS FOR THE Subject: TRANSFER OF A PORTION OF THE CITY—OWNEibeadline• COUNCIL MEETING ON 8/20/96 PROPERTY LOCATED AT THE NORTHWEST CORNER Engineering SERVICE REQUESTED: OF 16TH STREET AND EUCLID AVENUE, A.P.N. 558-101-04, COMMONWEALTH LAND Opinion Letter TITLE ESCROW NO. 132119 Prepare Resolutionmoarcitmgmfor Council Agenda Review and Approve Documents Attend Meeting Prepare Documents Initiate Legal Proceedings — Civil File Criminal Complaint Schedule Consultation Other • Note: Please attach background informational matters pertinent to the request. EXPLANATION OF SERVICE REQUESTED: Department CITY ENGINaER STK #11140 CA-100 SALE ESCROW INSTRUCTIONS THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! TO: COMMONWEALTH LAND TITLE COMPANY Escrow No.: 132119 1455 FRAZEE ROAD, SUITE 600 Date: 05/14/96 P.O. BOX 82028 Page: 1 SAN DIEGO, CA 92108 (619) 686-6000 Escrow Officer: Danielle Frangos Cook THE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE. Buyer to deposit prior to close of escrow $ 1,000.00 TOTAL CONSIDERATION 1,000.00 and any additional funds and instruments required from me to enable you to comply with these instructions, which you are to use on or before June 10, 1996, and when Commonwealth Land Title can issue a Standard Policy of Title Insurance Owners form, with liability of $1,000.00, on real property in City of National City, County of San Diego, State of California viz: Commonly known as: portion 558-101-04, National City, California SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Except any reservations of record of minerals, oil, gas, water, carbons and hydrocarbons. Showing title vested in: Abel F. Aranzubia and Maria Aranzubia, husband and wife as joint tenants Free from encumbrance except: A. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing year, if any, a lien not yet due or payable. B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. C. Special improvement assessments, if any. D. Easements, rights, rights of way, covenants, conditions, restrictions and reservations of record. Escrow No. : 132119 Date : 05/14/96 Page : 2 Escrow Officer: Danielle Frangos Cook ADDITIONAL INSTRUCTIONS: 1. Prior to the close of escrow, the Seller will deposit into escrow an original Quit Claim Deed duly executed and recordable, conveying all of Seller's right, title and interest in and to the hereindescribed property. The Quit Claim Deed will be accompanied by a Resolution authorizing the conveyance of the subject property. 2. Escrow Holder is authorized and instructed to debit the Buyer at the close of the following charges, including but not limited to the one-half escrow fee, normal' recording fees, drawing fees and required transfer tax. 3. Escrow Holder is authorized and instructed to debit the Seller at the close of escrow the cost of the CLTA Owner's Policy of Title Insurance and one-half escrow fee. 4. These shall be no-prorations made through this escrow. - 5. The following items are memoranda to this escrow with which Escrow Holder is in no way concerned or liable: The right, title and interest in the subject property to be sold shall not exceed that vested in the City of National City, and the sale is subject to all title exemptions and reservations, whether or not of record. The City of National City assumes no liability for any possible encumbrances, either of record or not of record, and assumes no responsibility of the accuracy of the title report. The City of National City assumes no liability as to the zoning or availability of utilities. Buyer is aware that of the following: 1). Buyer should conduct a field examination; 2). The property will be sold in an "as is" condition; and 3). Buyer shall merge this parcel with the adjoining property. 4) Buyer shall install sidewalk and trees in the parkway on Euclid Avenue. No commission will be paid for the sale of this property. Prorate and make adjustments as of Date of Close of Escrow the following: NO PRORATES Unless the parties otherwise instruct you, you are to base your prorations and adjustments on information contained on the beneficiary's statement(s) furnished you by lender(s) of record (any impounds shown on said beneficiary's statement(s) are to be charged to Buyer and credited to Seller), rental statement as handed you by Seller and approved by Buyer (security deposits, cleaning fees and advance rents as shown on rental statement are to be charged to Seller and credited to Buyer), association statement furnished you by the Homeowner's Association and/or its designated management company, fire insurance policy deposited into escrow and current year's taxes, when and as applicable. In the event this escrow closes after July 1 and before the current taxes are publicly posted and published, you are instructed to prorate the taxes based upon the immediately preceding year's taxes unless the parties to the escrow furnish you with an amount mutually agreed to, which sum shall be used as the basis for said proration. Escrow No. . 132119 Date : 05/14/96 Page : 3 Escrow Officer: Danielle Frangos Cook The General Provisions of the Escrow Holder which follow are incorporated as a part of these escrow instructions and are accepted and concurred in by the parties to this escrow whose signatures appear below. GENERAL PROVISIONS 1. All prorations and adjustments called for in this escrow are to be made on the basis of a 30 day month unless otherwise instructed in writing. You are not responsible for any payment, adjustment or proration of Homeowners Association (or similar) charge, fee or unrecorded lien unless set forth in the escrow instructions. 2. The phrase "close of escrow" (or COE or CE) as used in this escrow means the date on which documents are recorded, unless otherwise specified. 3. Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy of title insurance called for, is authorized. 4. You are authorized and instructed to furnish a copy of these instructions, any amendments thereto and/or final closing statement to the Real Estate Broker representing any of the parties in this transaction, also to any lender holding or contemplating a loan against the subject property. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by written mutual instructions. You may, however, do so without incurring liability to any party for such submission. You are hereby authorized to submit such reports to any proposed lender. 5. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Commonwealth Land Title Company, with any state or national bank, and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of Commonwealth Land Title Company. Commonwealth Land Title Company shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. Said bank account(s) may or may not be insured by the Federal Deposit Insurance Corporation and all risk of loss shall accrue to the principals. 6. These instructions shall become effective as an escrow only upon receipt thereof by Escrow Holder as signed by all parties thereto and acceptance by Escrow Holder. Neither a Real Estate Deposit Receipt nor any other agreement between the principals shall constitute Escrow Instructions. 7. You shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or those handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder, and for the disposition of the same in accordance with the written instructions accepted by you in this escrow. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful(neglect) or(gross) misconduct. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. 8. You are to be concerned only with the directives specifically set forth in the escrow instructions and amendments thereto, and are not to be concerned or liable for items designated as "memoranda" in the within escrow instructions nor with any other agreement or contract between the parties. Notwithstanding that provisions of the Real Estate Deposit Receipt or any other agreement may be a part of these Escrow Instructions, said provisions shall not be applicable to Escrow Holder. Any amendments of or supplements to any instructions affecting this escrow must be in writing. Signatures on any documents and instructions pertaining to this escrow indicate the signer's unconditional approval thereof. Escrow No. Date Page Escrow Officer: 132119 05/14/96 4 Danielle Frangos Cook 9. You are not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and you are hereby released from any responsibility or liability therefor. 10..If there is no written activity by a principal delivered to this escrow within any six-month period after the time limit 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 respective parties depositing same, less fees and charges herein provided. 11. Upon receipt of any conflicting or unilateral instructions, other than cancellation instructions described in paragraph 16 below, you are no longer obligated to take any further action in connection with this escrow until further concurring instructions are received from the principals to this escrow. 12. In the event of failure to pay fees or expenses due you hereunder on demand I agree -to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 13. The parties hereto acknowledge that they have been advised that title companies and Escrow Holders are not authorized to give legal advice and that if they desire legal advice they should consult an attorney. 14. Any funds abandoned or remaining unclaimed, after good faith efforts have been made by the escrow holder to return same to the party(ies) entitled thereto, shall be assessed a custodian fee of $25.00 per month. After three years the amount thereafter remaining unclaimed may escheat to the State of California. 15. You shall any sale, described therewith, escrow or have no responsibility of notifying me or any of the parties to this escrow of resale, loan, exchange or other transaction involving any property herein or of any profit realized by any person, firm or corporation in connection regardless of the fact that such transaction(s) may be handled by you in this in another escrow. 16. If a demand to cancel is submitted after the time limit date, any principal so requesting you to cancel this escrow shall file notice of demand to cancel in your office in writing. You shall within five (5) working days thereafter mail by certified mall one copy of such notice to each of the other principals at the addresses stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15) calendar days after date of such mailing, you are authorized to cancel this escrow. If written objection is filed with you, you are authorized to hold all money and documents in this escrow and take no further action until otherwise directed, either by the principals mutual written instructions or by final order of a court of competent jurisdiction. If this is a sale escrow, you may returnlender's papers and/or funds upon lender's demand. 17. In the event of cancellation of this escrow, the fees and charges due Commonwealth Land Title Company including expenditures incurred or authorized shall be borne by the parties hereto unless otherwise specifically agreed to or determined by a court of competent jurisdiction. 18. In the event of cancellation of this escrow, you are authorized to demand payment of your charges and, on payment thereof, return documents and monies to the respective parties depositing same or for whose benefit an unconditional deposit was made; and to void executed instruments. 19. The principals hereto understand and acknowledge that you, as escrow holder,have the absolute right at your election to file ar action in interpleader in a court of competent jurisdiction 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 all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses, reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment to be rendered by the court. Upon the filing of such action, you shall: thereupon be fully released and discharged from all obligations to further perform any duties or obligations otherwise imposed by the terms of this escrow. Escrow No. : 132119 Date : 05/14/96 Page : 5 Escrow Officer: Danielle Frangos Cook 20. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow or cancellation thereof, without liability and without further notice to parties to the transaction after close of escrow or cancellation in accordance with Escrow Holder's usual and customary practice. 21. A controversy between Escrow Holder and the principals arising out of any escrow involving less than $25,000.00 may be arbitrated at the option of either the Escrow Holder or the principals, pursuant to the Rules of the American Arbitration Association in effect on the date of the demand for arbitration, or at the option of the principals, the Rules in effect at the date escrow is closed. Arbitration shall be binding upon Escrow Holder and the principals. The arbitration award may include attorney's fees to the prevailing party, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Time is of the essence of these instructions. If this escrow is not in a condition to close by the TIME LIMIT DATE provided herein and written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with Paragraph 16 of said General Provisions. In the event one or more of the above General Provisions is held to be invalid in judicial proceedings, the remaining respective General Provisions will continue to be operative. Principals will hand you any funds and instructions required from each respectively to complete this escrow. If no demand for cancellation is made, you will proceed to close this escrow when the principals have complied with the escrow instructions. These instructions may be executed in counterparts, each of which shall be deemed an original regardless of date of execution or deliver, and together shall constitute one and the same documents. If these instructions relate to sale, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise directed. In these instructions, whenever the context so requires, the masculine gender includes the femine and/or neuter, and the singular number includes the plural. If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. ALL OF THE TERMS, CONDITIONS AND PROVISIONS AS SET FORTH HEREINABOVE ARE APPROVED, ACCEPTED AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR HEREIN. Escrow No. Date Page Escrow Officer: BUYER(S) SIGNATURE(S): Abel F. Aranzubia Maria Aranzubia 132119 05/14/96 6 Danielle Frangos Cook Mailing.: Abel F. Aranzubia and Maria Aranzubia, 2339 l6th Street, National City, CA 91950 The foregoing terms, conditions and instructions are hereby concurred in, approved and accepted. I will hand you all instruments and money necessary of me to enable you to comply therewith, which you are authorized to use and/or deliver when you hold in this escrow for my account the funds, prorata adjustments and instruments deliverable to me under these SELLER(S) SIGNATURE(S): - City of National City Name/Tide BY Name/Title Mailing: City of National City, 1243 National City Blvd., National City, California 91950-4397 Exhibit "A" The Westerly 66.00 feet of the Northerly 100.00 feet of the Southerly 130.00 feet of Quarter Section 106 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. EXCEPTING THEREFROM: That portion lying Southeasterly, Easterly and Northeasterly of a line described as follows: Beginning at the Southwest corner of said Quarter Section 106; thence Northwesterly along the West line of said Quarter Section 106, a distance of 30 feet; thence leaving said West line, Northeasterly 4 feet along a line parallel with the Southerly line of said Quarter Section 106 to a Point of Tangency to a curve concave to the Northwest; thence Northeasterly, Northerly and Northwesterly along said curve 31.42 feet, through an angle of 90°, with a radius of 20 feet to a Point of Tangency; thence along a straight line parallel with and distance thereof 24 feet from the Westerly line of said Quarter Section 106, a distance of 80 feet to an intersection with the North line of aforesaid parcel, the Point of Terminus.