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HomeMy WebLinkAbout01-14-1997 Agenda #1 - D-97-1 CCity of National City, California COUNCIL AGENDA STATEMENT January 14, 1997 MEETING DATE AGENDA ITEM NO. TITLE RESULU1'IUN AU'1'HURIGINO 1'Hr; MAYOR1'U EXEUU1't, TWOITEI�Q�ITTC JAIM DEEDS AND ESCROW INSTRUCTIONS FOR THE SALE OF THE CITY- \ OWNED REAL PROPERTY BETWEEN HOOVER AVENUE AND HARDING AVENUE, NORTH OF 30TH STREET, A.P.N. 559-200-15 PREPARED BY Cameron Berkuti D�P_ARTMENT Engineering EXPLANATION. On October 8, 1996 the City Council accepted an offer from Mr. L.R. Weisling/Hewitt and Mr. Robert McDonald for $39,950.00 for the purchase of the city -owned property (abandoned portion of 29th Street)between Hoover Avenue and Harding Avenue, A.P.N. 559-200- 15. The purpose of this Resolution is to authorize the Mayor to sign two quitclaims and the escrow instructions for the transfer of the property. J Environmental Review X N / A Financial Statement Buyers have already deposited $10,000 with the City. Account No STAFF RECOMMENDATION 1. Adopt the Resolu 2. Dire t the City Clerk to transmit the executed copy of the quitclaim dee s and the escrow instructions to the Engineering Department for the recordation by the escrow company. BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Quitclaim Deeds 97-1 Resolution No. 3. Sale Escrow Instructions hewitt J A-200 (Rev. 9/80) RESOLUTION NO. 97-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE ESCROW INSTRUCTIONS AND TWO QUITCLAIM DEEDS FOR THE SALE OF CITY -OWNED PROPERTY BETWEEN HOOVER AVENUE AND HARDING AVENUE WHEREAS, on October 6, 1996, the City Council accepted an offer for the purchase of City -owned real property, consisting of an abandoned portion of 29th Street between Hoover Avenue and Harding Avenue (A.P.N. 559-200-15), for the sum of $39,950. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute escrow instructions for the sale of an abandoned portion of 29th Street between Hoover Avenue and Harding Avenue (A.P.N. 559-200-15) with Robert L. McDonald and 325 30th Street West, LTD. BE IT FURTHER RESOLVED that the Mayor is authorized to execute a quitclaim deed for one portion of the property to Robert L. McDonald, and to execute a quitclaim deed for one portion of the property to 325 30th Street West, LTD. BE IT FURTHER RESOLVED that the City Clerk is directed to transmit the executed escrow instructions and quitclaim deeds to the City Engineer for deposit with the escrow company. PASSED and ADOPTED this 14th day of January, 1997. George H. Waters, Mayor ATTEST: Michael R. Dall Cit y Clerk APPROVED AS TO FORM: //'3 gu:s George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on January 14, 1997, 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 `Clerk of the National City, California of Ci By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 97-1 of the City of National City, California, passed and adopted by the Council of said City on January 14, 1997. City Clerk of the City of National City, California By: Deputy RECORDING REQUESTED BY Commonwealth Land Title Co. WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Robert L. McDonald 301 W. 30th Street National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 559-200-15 Quitclaim Deed The undersigned grantor(s) declare(S): Documentary transfer tax is S 15.95 ( X ) computed on full value of property conveyed, or ( ) computed on full value Tess value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City, a Municipal Corporation do hereby REMISE, RELEASE AND QUITCLAIM to Robert L. McDonald, a Married Man the real property in the City of National City , County of San Diego See Exhibit "E" attached hereto and made a part hereof. Dated January 17, 1997 State of Califomia County of SAN DIEGO ) S.S. On 01/17/97 beforeme NORMA P URTAS NOTARY PUBLIC,personallyappeared GEORGE H. WATERS, Mayor MAYOR OF _THE_ CITY OF NATIONAL CITY City of National City , and , State of California, described as Signature of Grantor personally known to me ( - datra) to be the person(q)-whose name(g) is / me subscribed to the within instrument and acknowledged to me that he / HIYe / they executed the same in his / bee./ thS authorized capacity(iea), and that by his /an/ lbaiesignatures(w)-on the instrument the person(s);. or the entity upon be- half of which the person(t-acted, executed the instrument. WITNESS my hand and official seal. `� Signature�l%yGf1 • Z7A2 cLJ George H. Waters NORMA P. URIAS COMM.# 1117200 z 'NOTARY PUBLIC-CALIFORNIA SAN DIEGO. CA _ MY COMMISSION EXPIRES DEC 0.t.wW •I .,5 MAIL TAX STATEMENTS TO Form 3196-8 (Rev. 5-94) This Document provided by Commonwealth Land Title Insurance Company EXHIBIT "E" REF: APN 559-200-36 THE PORTION OF STREET CLOSURE OF 29TH STREET PER CITY OF NATIONAL CITY RESOLUTION NO. 2248, RECORDED AS DOCUMENT NO. 1438, DATED JULY 15, 1942, LYING ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:. THE EASTERLY 103.44 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: ALL THOSE PORTIONS OF LOTS 46, 47 AND 48 OF BAHIA VISTA SUBDIVISION ACCORDING TO MAP THEREOF, NO. 1815, FILED 19 DECEMBER 1924 IN THE RECORDER'S OFFICE OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 150 OF SAID MAP NO. 1815, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF NATIONAL. AVENUE (NOW NATIONAL CITY BOULEVARD) AS SHOWN ON SAID MAP NO. 1815, A DISTANCE OF 289.78 FEET TO THE "SOUTHERLY CORPORATE BOUNDARY LINE OF NATIONAL CITY" AS SHOWN ON SAID MAP NO. 1815; THENCE SOUTH 71° 25' WEST ALONG SAID "BOUNDARY LINE", A DISTANCE OF 1279.17 FEET, THENCE NORTH 18° 35' WEST, A DISTANCE OF 80 FEET TO THE 'TRUE POINT OF BEGINNING"; THENCE NORTH 71° 25' EAST A DISTANCE OF 238.86' FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89° 54' 53" (DEED= 90°), A DISTANCE A 62.77; THENCE NORTH 18° 29' 53" WEST, A DISTANCE OF 167.62 FEET (DEED = 167.54 FEET) TO THE NORTHEASTERLY CORNER OF RIGHT OF WAY DEEDED BY THE CITY OF NATIONAL CITY PER CORPORATION QUIT CLAIM DEED, DOC. NO. 89-138670, RECORDED MARCH 17, 1989, THENCE SOUTH 71° 24' 14" WEST A DISTANCE OF 319.16 FEET; THENCE SOUTH 18° 35' 04" (DEED = 18° 35') EAST, A DISTANCE OF 167.54 FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 55" (DEED = 90°), A DISTANCE OF 62.83 FEET TO THE 'TRUE POINT OF BEGINNING." RECORDING REQUESTED BY Commonwealth Land Title Co.` WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: 325 30th Street West, LTD 325 W. 30th 'Street National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 559-200-15 Quitclaim Deed The undersigned grantor(s) declare(S): Documentary transfer tax is $ 28 60 ( X ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and d encumbrancesCity remaining at time of sale. ( ) Unincorporated area: ( X ) City of FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City, a Municipal Corporation do hereby REMISE, RELEASE AND QUITCLAIM to 325 30th Street West, LTD, a California Limited Partnership the real property in the City of National City , County of San Diego See Exhibit "D" attached hereto and made a part thereof. Dated January 17, 1997 State of California ) County of SAN DIECO ) S.S. / George on 01 /17/(,97 beforeme Norma P. Dries. Notary PUblicpersonallyappeared George H. Waters, Mayor Mayor of the City of National City personally known to me vi -dunce) to be the person% whose name(g) is / are subscribed to the within instrument and acknowledged to me that he /Dbe / Oleg executed the same in his / bar / their authorized capacity(AS), and that by his / her/ 'tUeersignaturesfs) on the instrument the person(s), or the entity upon be- half of which the personloracted, executed the instrument. WITNESS my hand and official s/✓ea}/, Signature1/4e2U . YNY,r cc-sci , and , State of California, described as Signature of Grantor City of National City +c NORMA P. URIAS comm. NOTARY DOAUFORNIA SANN DIEIEfx). CA NY COMMISSION EXPIRES DEC O. 200e MAIL TAX STATEMENTS TO, Form 3196-8 (Rev. 5-94) This Document provided by Commonwealth Land Title Insurance Company EXHIBIT "D" REF: APN 559-200-35 THE PORTION OF STREET CLOSURE OF 29TH STREET PER CITY OF NATIONAL CITY RESOLUTION NO. 2248, RECORDED AS DOCUMENT NO. 1438, DATED JULY 15, 1942, LYING ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: ALL THOSE PORTIONS OF LOTS 42, 43, 44, 45, AND 46 OF BAHIA VISTA SUBDIVISION ACCORDING TO MAP THEREOF NO. 1815, FILED 19 DECEMBER 1924 IN THE RECORDER'S OFFICE OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 150 OF SAID MAP NO. 1815, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF NATIONAL AVENUE (NOW NATIONAL CITY BOULEVARD) AS SHOWN ON SAID MAP NO. 1815, A DISTANCE OF 289.78 FEET TO THE "SOUTHERLY CORPORATE BOUNDARY LINE OF NATIONAL CITY" AS SHOWN ON SAID MAP NO. 1815; THENCE SOUTH 71° 25' WEST ALONG SAID "BOUNDARY LINE", A DISTANCE OF 1279.17 FEET, THENCE NORTH 18° 35' WEST, A DISTANCE OF 80 FEET TO THE 'TRUE POINT OF BEGINNING"; THENCE NORTH 71° 25' EAST A DISTANCE OF 238.86' FEET (DEED = 238.63 FEET) TO A POINT OF TANGENCY WITH A 40 FOOT. RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89° 54' 53" (DEED= 90°), A DISTANCE OF 62.77 FEET; THENCE NORTH 18° 29' 53" WEST (DEED = NORTH 18° 35 FEET), A DISTANCE OF 167.62 FEET (DEED= 167.54 FEET) TO THE NORTHEASTERLY CORNER OF RIGHT OF WAY DEEDED BY THE CITY OF NATIONAL CITY PER CORPORATION QUITCLAIM DEED DOC. NO. 89-138671, RECORDED MARCH 17, 1989; THENCE SOUTH 71° 24' 14" WEST A DISTANCE OF 319.16 FEET; THENCE SOUTH 18° 35' 04" (DEED = 18° 35') EAST, A DISTANCE OF 167.54 FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 55" (DEED = 90°), A DISTANCE OF 62.83 FEET TO THE "TRUE POINT OF BEGINNING." EXCEPTING THEREFROM: THE EASTERLY 103.44 FEET THEREOF. SALE ESCROW INSTRUCTIONS THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! TO: COMMONWEALTH 'LAND TITLE COMPANY Escrow No.: 132720 1455 FRAZEE ROAD, 'SUITE 600 Date: 12/17/96 P.O. BOX 82028 Page: 1 SAN DIEGO. CA 9210E (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 has paid to seller outside of escrow S (receipt of which is hereby acknowledged) f 10,000.00 Buyer to deposit prior to close of escrow $ 29,950.00 TOTAL CONSIDERATION $ 39,950.00 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 December 31, 1996. and when Commonwealth Land Title can issue a Standard Policy of Title Insurance Owners form, with liability of $39,950.00. on real property in City of San Diego, County of San Diego. State of California viz: SEE EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF Except any reservations of record of minerals. oil, gas, water, carbons and hydrocarbons. Showing title vested in: 325 30th Street West, Ltd., a California limited partnership and Robert L. McDonald„ a married man 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. E. Such rights as the spouse of Robert L. McDonald, a married man, might have. Escrow No. : 132720 Date : 12/17796 Page : 2 Escrow Officer: Danielle Frangos Cook ADDITIONAL INSTRUCTIONS: 1. Prior to the close of escrow. the Seller will deposit into escrow original Quit Claim Deeds duly executed and recordable. conveying all of Seller's right. title and interest in and to the hereindescribed property with the legal description set forth on the attached Exhibit "A" conveyed to 325 30th Street West, Ltd.. a California limited partnership and Exhibit "B" conveyed to Robert L. McDonald, a married man. The Quit Claim Deeds sill 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 an abandoned concrete loading dock on the parcel is required to be removed. Subject property tote merged with the adjoining properties. No commission will be paid for the sale of this property. 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 years 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. : 132720 Date : 12/17/96 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. Ail 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 Companyshall 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 byall 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 byyou as escrow in structions and for the disposition of the same in accordance with the written accepted by youin 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 byyour 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. : 132720 Date : 12/17/96 Page : 4 Escrow Officer: 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. youare 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 paysaoreasonable fee for any attorney's services which may be required to collect such 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 have no responsibility of notifying me or any of the parties to this escrow of any sale. resale, loan, exchange or other transaction involving anyproperty herein described or of any profit realized by any person, firm or corporation in connection therewith, regardless of the fact that such transaction(s) may be handled by you in this escrow or 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 mail 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 return lender'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 thatyou, as escrow holder,have the absolute right atyour election to file an 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. : 132720 Date : 12/17/96 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 tothis 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 Holders 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 maybe executed in counterparts. each of which shall be deemed an original regardless of date ofexecutionor 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. : 13272B Date : 12/17/96 Page : 6 Escrow Officer: Danielle Frangos Cook BUYER(S) SIGNATURE(S): 325 30th Street West, Ltd a California limited partnership Name/Title BY Name/Title Robert L. McDonald Mailing: 325 30th Street West, Ltd., a California limited partnership and, Robert L. McDonald, 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 instructions. Indicate on deed required documentary transfer tax and charge my account therefor. SELLER(S) SIGNATURE(S): City of National City BY Name/Title e 0a* Mayor BY Name/Title Mailing: City of National City, 1243 National City Blvd., National City, CA 91950-4397 Exhibit "A" REF: APN 559.200-35 THE PORTION OF STREET CLOSURE OF 29TH STREET PER CITY OF NATIONAL CITY RESOLUTION NO. 2248, RECORDED AS .DOCUMENT NO. 1438, DATED JULY 15, 1942, LYING ADJACENT 70 THE FOLLOWING DESCRIBED PROPERTY: ALL THOSE PORTIONS OF LOTS 42, 43, 44, 45, AND 46 OF BAHIA VISTA SUBDIVISION ACCORDING TO MAP THEREOF NO. 1015, FILED 19 DECEMBER 1924 IN THE RECORDER'S OFFICE OF SAN DIEGOCOUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 150 OF SAID MAP NO. 1815, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF NATIONAL AVENUE (NOW NATIONAL CITY BOULEVARD) AS SHOWN ON SAID MAP NO. 1815, A DISTANCE OF 289.78 FEET TO THE 'SOUTHERLY CORPORATE BOUNDARY UNE OF NATIONAL CITY' AS SHOWN ON SAID MAP NO, 1815; THENCE SOUTH 71.25' WEST ALONG SAID 'BOUNDARY LINE', A DISTANCE OF 1279.17 FEET, THENCE NORTH 18' 35' WEST, A DISTANCE OF 80 FEET TO THE 'TRUE POINT OF BEGINNING'; THENCE NORTH 71' 26' EAST A DISTANCE OF 238.88' FEET (DEED • 238.63 FEE') TO A POINT OF TANGENCY WITH A 40 F007 RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 80' 54' 53' (DEED• 90'), A DISTANCE OF 62.77 FEET; THENCE NORTH 18' 29' 53' WEST (DEED • NORTH 18' 35 FEET), A DISTANCE OF 167.62 FEET (DEED • 167A4.FEET) TO THE NORTHEASTERLY CORNER OF RIGHT OF WAY DEEDED BY THE CITY OF NATIONAL CITY PER CORPORATION QUITCLAIM DEED DOC. NO. 89-138671, RECORDED MARCH 17, 1989; THENCE SOUTH 71' 24' 14' WEST A DISTANCE OF 319.16 FEET; THENCE SOUTH 10' 35' 04' (DEED • 16' 35) EAST, A DISTANCE OF 167.54 FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 59' 55" (DEED • 90'), A DISTANCE OF 62.83 FEET TO THE 'TRUE POINT OF BEGINNING, EXCEPTING THEREFROM: THE EASTERLY 103.44 FEET THEREOF. Exhibit "B" REF; APN 559-200-38 THE PORTION OF STREET CLOSURE OF 29TH STREET PER CITY OF NATIONAL CITY RESOLUTION NO. 2248, RECORDED A9 DOCUMENT NO. 1438, DATED JULY 15, 1942, LYING ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: THE EASTERLY 103.44 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: ALL THOSE PORTIONS OF LOTS 48, 47 AND 48 OF BAHIA VISTA SUBDIVISION ACCORDING TO MAP THEREOF NO. 1515, FILED 19 DECEMBER 1924 IN THE RECORDER'S OFFICE OF BAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 150 OF SAID MAP NO. 1815, THENCE SOUTHERLY ALONG THE WESTERLY UNE OF NATIONAL AVENUE (NOW NATIONAL CITY BOULEVARD)AS SHOWN ON SAID MAP NO. 1815, A DISTANCE OF 289.78 FEET TO THE "SOUTHERLY CORPORATE BOUNDARY LINE OF NATIONAL CITY" AS SHOWN ON SAID MAP NO. 1818; THENCE SOUTH 71' 25' WEST ALONG SAID 'BOUNDARY LINE', A DISTANCE OF 1278.17 FEET, THENCE NORTH 18' 35' WEST, A DISTANCE OF 80 FEET TO THE 'TRUE POINT OF BEGINNING'; THENCE NORTH 71' 25' EAST A DISTANCE OF 238.86' FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89' 54' 53" (DEED= 90'), A DISTANCE A 02.77; THENCE NORTH 18' 29' 53' WEST, A DISTANCE OF 187.62 FEET (DEED • 167.54 FEET) TO THE NORTHEASTERLY CORNER OF RIGHT OF WAY DEEDED BY THE CITY OF NATIONAL CITY PER CORPORATION QUITCLAIM DEED, DOC. NO.89.138670, RECORDED MARCH 17,1989, THENCE SOUTH 71' 24' 14' WEST A DISTANCE OF 319.15 FEET; THENCE SOUTH 18' 35' 04' (DEED • 18' 35') EAST, A DISTANCE OF 167.54 FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 59' 65' (DEED • 90'), A DISTANCE OF 82.83 FEET TO THE 'TRUE POINT OF BEGINNING.' Commonwealth Land Title Company 1455 FRAZEE ROAD, SUITE 600, P.O. BOX 82028, SAN DIEGO, CA 92108 Estimated Seller's Settlement Statement Escrow No.: 132720 Seller: City of National City Property: portion - National City Escrow Officer: Danielle Frangos Cook Date: January 07, 1997 DEBIT CREDIT TOTAL CONSIDERATION $39,950.00 ESCROW FEES, TITLE CHARGES Settlement Charge Owner's Title Premium 200.00 400.00 PROCEEDS DUE SELLER 39,350.00 $39,950.00 $39.950.00 Commonwealth Land Title Company 1455 FRAZEE ROAD, SUITE 600, P.O. BOX 82028, SAN DIEGO, CA 92108 Estimated Seller's Settlement Statement Escrow No.: 132720 Seller: City of National City Property: portion - National City Escrow Officer: Danielle Frangos Cook Date: January 07, 1997 DEBIT CREDIT TOTAL CONSIDERATION $39,950.00 ESCROW FEES, TITLE CHARGES Settlement Charge Owner's Title Premium 200.00 400.00 PROCEEDS DUE SELLER 39,350.00 $39.950.00 $39.950.00 SALE ESCROW INSTRUCTIONS THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! TO: COMMONWEALTH LAND TITLE COMPANY 1455 FRAZEE ROAD. SUITE 600 P.O. BOX 82028 SAN DIEGO. CA 92108 (619) 686-6000 Escrow Officer: Danielle Frangos Cook Escrow No.: 132720 Date: 12/17/96 Page: 1 THE ESCROW HOLDER IS COMMONWEALTH LAND TITLE COMPANY WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE. Buyer has paid to seller outside of escrow. (receipt of which is hereby acknowledged) Buyer to deposit prior to close of escrow TOTAL CONSIDERATION S S S 10,000.00 29,950.00 $ 39,950.00 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 December 31. 1996, and when Commonwealth Land Title can issue a Standard Policy of Title Insurance Owners form, with liability of $39,950.00, on real property in City of San Diego. County of San Diego, State of California viz: SEE EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF E*cept any reservations of record of minerals, oil, gas, water, carbons and hydrocarbons. Showing title vested in: 325 30th Street West, Ltd., a California limited partnership and Robert L. McDonald., a married man 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. E. Such rights as the spouse of Robert L. McDonald, a married man, might have. Escrow No. : 132720 Date : 12/17796 Page : 2 Escrow Officer: Danielle Frangos Cook ADDITIONAL INSTRUCTIONS: 1. Prior to the close of escrow, the Seller will deposit into escrow original Quit Claim Deeds duly executed and recordable, conveying all of Seller's right, title and interest in and to the hereindescribed property with the legal description set forth on the attached Exhibit "A" conveyed to 325 30th Street West, Ltd., a California limited partnership and Exhibit "B" conveyed to Robert L. McDonald. a married man. The Quit Claim Deeds sill 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 an abandoned concrete, loading dock on the parcel is required to be removed. Subject property to be merged with the adjoining properties. No commission will be paid for the sale of this property. 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 (anyimpounds 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. Date Page Escrow Officer 132720 32/17//96 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 beresponsible 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 byall 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 youin 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 byyour 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 signers unconditional approval thereof. Escrow No. : 13272Q Date : 12/17/96 Page : 4 Escrow Officer: 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'agenc obligation shall terminate at your option and all documents. monies or other items heldbyyou 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. youare 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 S25.00 per month. After three years the amount thereafter remaining unclaimed may escheat to the State of California. 15. You shall have no responsibility of notifying me or any of the parties to this escrow of any sale, resale. loan. exchange or other transaction involving any property herein described or of any profit realized by any person. firm or corporation in connection therewith, regardless of the fact that such transaction(s) may handled by you in this escrow or 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 mail 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 L15) 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 return lender'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 expend'tures 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 an 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 actions 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. : 132720 Date : 12/17796 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 judgmentupon 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 maybe executed in counterparts, each of which shall be deemed an original regardless of date ofexecutionor 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. : 132729 Date : 12/17/96 Page : 6 Escrow Officer: Danielle Frangos Cook BUYER(S) SIGNATURE(S): 325 30th Street West, Ltd a California limited partnership Name/Title BY Name/Title Robert L. McDonald Mailing: 325 30th Street West, Ltd., a California limited partnership and, Robert L. McDonald, 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 instructions. Indicate on deed required documentary transfer tax and charge my account therefor. SELLER(S). SIGNATURE(S): City of National City BY / iE.pra.34 (.�- [�✓p.ZL.�,.� Name/Title George H. Waters, Mayor BY Name/Title Mailing: City of National City, 1243 National City Blvd., National City, CA 91950-4397 • Exhibit "A" REF: APN 559-200.35 THE PORTION OF STREET CLOSURE OF 29TH STREET PER CITY OF NATIONAL CITY RESOLUTION NO. 2248, RECORDED AS DOCUMENT NO. 1438, DATED JULY 15, 1942, LYING ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: ALL THOSE PORTIONS OF LOTS 42, 43, 44, 45, AND 48 OF BAHIA VISTA SUBDIVISION ACCORDING TO MAP THEREOF NO. 1015, FILED 19 DECEMBER 1924 IN THE RECORDER'S OFFICE OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 150 OF SAID MAP N0. 1815, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF NATIONAL AVENUE (NOW NATIONAL CITY BOULEVARD) AS SHOWN ON SAID MAP NO.1615, A DISTANCE OF 289.75 FEET TO THE 'SOUTHERLY CORPORATE BOUNDARY LINE OF NATIONAL CITY' AS SHOWN ON SAID MAP NO. 1815; THENCE SOUTH 71' 25' WEST ALONG SAID 'BOUNDARY LINE', A DISTANCE OF 1279.17 FEET, THENCE NORTH 18' 35' WEST, A DISTANCE OF 80 FEET TO THE 'TRUE POINT OF BEGINNING'; THENCE NORTH 71' 25' EASTA DISTANCE OF 238.88' FEET (DEED • 238.63 FEET) TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89' 54' 53' (DEED• 90'), A DISTANCE OF 62.77 FEET; THENCE NORTH 10' 29' 53" WEST (DEED • NORTH 18' 35 FEET), A DISTANCE OF 187.82 FEET (DEED • 157.54 FEET) TO THE NORTHEASTERLY CORNER OF RIGHT OF WAY DEEDED BY THE CITY OF NATIONAL CITY PER CORPORATION QUITCLAIM DEED DOC. NO.'09-138671, RECORDED MARCH 17, 1999; THENCE SOUTH 71' 24' 14' WEST A DISTANCE OF 319.18 FEET; THENCE SOUTH 18' 35' 04' (DEED • 16' 35') EAST, A DISTANCE OF 187.54 FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 59' 55' (DEED • 90'), A DISTANCE OF 02.83 FEET TO THE 'TRUE POINT OF BEGINNING' EXCEPTING THEREFROM: THE EASTERLY 103.44 FEET THEREOF. Exhibit "B" REF: APN 559-200-38 THE PORTION OF STREET CLOSURE OF 29TH STREET PER CITY OF NATIONAL CITY RESOLUTION NO. 2248, RECORDED AS DOCUMENT NO. 1438, DATED JULY 15, 1942, LYING ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY: THE EASTERLY 103.44 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: ALL THOSE PORTIONS OF LOTS 48, 47 AND 48 OF BAHIA VISTA SUBDIVISION ACCORDING TO MAP THEREOF NO.1815, FILED 19 DECEMBER 1924 IN THE RECORDER'S OFFICE OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 150 OF SAID MAP NO. 1016, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF NATIONAL AVENUE (NOW NATIONAL CITY BOULEVARD) AS SHOWN ON SAID MAP NO. 1815, A DISTANCE OF 289.78 FEET TO THE "SOUTHERLY CORPORATE BOUNDARY LINE OF NATIONAL CITY" A6 SHOWN ON SAID MAP NO. 1815; THENCE SOUTH 71'25' WEST ALONG SAID 'BOUNDARY LINE", A DISTANCE OF 1279.17 FEET, THENCE NORTH 18' 35' WEST, A DISTANCE OF 80 FEET TO THE 'TRUE POINT OF BEGINNING'; THENCE NORTH 71' 25' EAST A DISTANCE OF 238.86'FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89' 54' 53" (DEED= 90'), A DISTANCE A 62.77; THENCE NORTH 15' 29' 53' WEST, A DISTANCE OF 167.62 FEET (DEED • 107.54 FEET) TO THE NORTHEASTERLY CORNER OF RIGHT OF WAY DEEDED BY THE CITY OF NATIONAL CITY PER CORPORATION QUITCLAIM DEED, DOC. NO. 89-138670, RECORDED MARCH 17,1989, THENCE SOUTH 71' 24' 14' WEST A DISTANCE OF 319.15 FEET; THENCE SOUTH 18' 35' 04' (DEED • 18' 35') EAST, A DISTANCE OF 167.54 FEET TO A POINT OF TANGENCY WITH A 40 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 57 65' (DEED - 90'), A DISTANCE OF 82.83 FEET TO THE "TRUE POINT OF BEGINNING'