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HomeMy WebLinkAbout02-14-1995 Agenda #3 - D-95-1 B._I ics y of National City, California COUNCIL AGENDA STATEMENT February 14, 1995 MEETING DATE AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ESCROW INSTRUCTIONS FOR THE SALE OF THE CITY OWNED SURPLUS PROPERTY AT THE NORTHWEST CORNER OF PLAZA BLVD. AND 12TH ST. TO GARETH WALKER AND MILAN KROUPA SR. (COMMONWEALTH LAND TITLE, PREPARED BY ESCROW NO. 125336) DEPARTMENT Sam Arabzadeh Engineering EXPLANATION SEE ATTACHED Environmental Review X _ N / A Financial Statement Account No. LTAFE_RECOMMENDATIO 1. Adopt the olu ion 2. Direct the City Clerk to tr smit the executed copy of the quitclaim deed and the original copy o escrow instructions to the City Engineer for the recordation by the escrow company. BOARD/COMMISSION RECOMMENDATION N/A 95-20 ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Quitclaim Deed 3. Escrow Instructions A-200 (Rev. 9/80112th EXPLANATION: On January 19, 1993, the City Council approved the sale of the surplus city -owned property at the northwest corner of Plaza Boulevard and 12th Street (A.P.N. 557-380-39), and authorized the City Engineer to enter into an escrow for the sale of the property to Gareth Walker and Milan Kroupa. The sale price was set at $1.00 per square foot. The approval of the sale of the property was based on the following conditions: 1. That the purchaser shall install all of the necessary public improvements, such as curb, gutter, sidewalk, pedestrian ramp, pavement, etc. adjoining the property. The purchaser will also be required to landscape and maintain the property. 2. That the development of the property shall be in accordance with the approved Specific Plan No. SP-2-90 for the mixed use project on the north side of Plaza Boulevard between Grove Street and the intersection of Plaza Boulevard and 12th Street. The Specific Plan includes requirements for the installation of parking spaces on this property, and driveway location on Plaza Boulevard. The attached escrow instructions contain additional conditions which were imposed for the property transaction. This resolution is to authorize the Mayor to execute the quitclaim deed for the transfer of the property and to authorize the City Engineer to sign the escrow instructions. RESOLUTION NO. 95-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ESCROW INSTRUCTIONS, FOR THE TRANSFER OF REAL PROPERTY OWNED BY THE CITY TO GARETH WALKER AND BONNIE C. WALKER, HUSBAND AND WIFE, AND MILAN KROUPA, SR. AND MARIA KROUPA, 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 the City Engineer is authorized to execute escrow instructions transferring real property owned by the City at the northwest corner of Plaza Boulevard and 12th Street (A.P.N. 557-380-39) to Gareth Walker and Bonnie C. Walker, husband and wife, as joint tenants, as to an undivided 50% interest, and Milan Kroupa, Sr. and. Maria Kroupa, husband and wife, as joint tenants, as to an undivided 50% interest. Said quitclaim deed and escrow instructions are to be submitted to the Engineering Department for recordation by the title company. PASSED and ADOPTED this 14th day of February, 1995. trZ George H. Waters, Mayor ATTEST: OtA ♦ AA,(Ampi2A-b Lo Anne Peoples, City Clerk APPROVED AS TO FORM: gssit George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February..1.4,•1.99.5........... by the following vote, to -wit: Ayes: Councilmen Beauchamp, Inzunza, Morrison, Waters Nays: Councilmen None Absent: Councilmen ZArgc Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California ..J City Clerk of the City of Nationtl City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. ....95„ 2O of the City of National City, Calif., passed and adopted by the Council of said City on February . i 995 (Seal) By: City Clerk of the City of National City, California Deputy RECORDING REQUESTED BY I, \4 CITY OF NATIONAL CITY WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONALCITY, CA. 91950 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 557-380-39 Quitclaim Deed The undersigned grantor(s) declare(S): (SALE OF SURPLUS PROPERTY ) Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less 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, THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO does hereby REMISE, RELEASE Alt QUITCLAIM to GARETH WALKER AND BONNIE C. WALKER, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 50% INTEREST, AND MILAN KROUPA, SR. AND MARIA KROUPA, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 50% INTEREST. the real property in the City of NATIONAL CITY, County of SAN DIEGO ,and , State of California, described as EXHIBITS "A" AND "B", ATTACHED HERETO, AND MADE A PART OF THIS DOCUMENT HEREOF. Dated Fe Li a AI7 1 7 / 9 9 es — State of California ) County of SAy Die, o ) S. On LLI. / _jr es before me V- .% L. $4e Maw ,personally . ppeared Geoiie f/. WA t e r personally known to me jor proved to me on the basis of satisfactory evi- dence) to be the person(s) whose name(s)'is / are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / herI their authorized capacity(ies), and that by his / her / their signatureS(s) on the instrument the person(s), or, the entity upon be- half of which the person(s) acted, executed the instrument. WITNESS my hand( and official seal. Signature Signature of Grantor MAYOR rRl1RCF. WATFRS CITY OF NATIONAL CITY DAVID 1. SHELDON t ,COMM. 0 976602 Notary Public— California 3 r My Comm. Expires NOV 1. 1996 SAN DIEGO COUNTY ari MAIL TAX STATEMENTS TO, Form 3196-8 (Rev. 5-94) This Document provided by Commonwealth Land Title Insurance Company 1 CALIFORNIA ALL-PURPOS> ACKNOWLEDGMENT No. 5907 State of C//,./e„ , y, County of c4 4 1) / e y C On At radar, /7 /9 95" before me, Da, vle, L fl:e/Q.w. y7^ilrj �.•1/x� DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Ge orye H- &rs "e .. NAME(S) OF SIGNER(S) personally known to me OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID L. SHELDON 9 .COMM. # 976502 Notary Public — California SAN DIEGO COUNTY My Comm, Expires NOV 1, 1996 WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER /Y/R,y . . TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) O GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Qy,7c/Av.-, Peed TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 EXHIBIT "A" LEGAL DESCRIPTION A.P.N. 557-380-39 SURPLUS PROPERTY BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 166 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT BEING ON THE CENTERLINE OF 12TH STREET WITH A BEARING OF N72°03'31"E, AS PER RECORD OF SURVEY MAP NUMBER 8845; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER PERPENDICULAR TO SAID CENTERLINE S17°56129"E A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID WESTERLY LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 44 FEET; THENCE NORTHEASTERLY ON A STRAIGHT LINE 123.92 FEET (N52°58'07"E, AS PER RECORD OF SURVEY MAP NUMBER 9406) TO A POINT 117.14 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHEAST QUARTER; THENCE NORTHWESTERLY 3.55 FEET ALONG A LINE PARALLEL WITH AND 117.14 FEET EASTERLY OF SAID WESTERLY LINE TO A POINT ON A LINE 30 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHEAST QUARTER (ALSO BEING THE CENTERLINE OF 12TH STREET); THENCE ALONG SAID PARALLEL LINE SOUTHWESTERLY A DISTANCE OF 117.14 FEET TO THE TRUE POINT OF BEGINNING. RESERVING THEREIN: THE WESTERLY 10 FEET FOR A DRAINAGE. EASEMENT TO THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 39 NAT'L CTY ENOR. DEFT. Na C88 1 RFB.R.u.S. 940 G t Sgam By cto. S.S.DATE CKD w. r DATE .14 q9 5 CKD DATE Z r0 �Jrj 1 NOQ'7HLi/t 6 _72_0;- 31' Pe C Ro s eg4S) 1 05q T 404I A 2 1 3- 82 f2,w p,oa' �1 / M1. - 3%iA� �I �Ie.gz `ST Cra��'7 "•J. r upnn1- // 16/9_, „a„ ILIHIHXS PLaf.,,c ;so.,,; ti, h:c1Uk:J SALE ESCROW INSTRUCTIONS THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS - READ IT CAREFULLY! TO: COMMONWEALTH LAND TITLE COMPANY Escrow No.: 125336 1455 Frazee Road, Suite 600 Date: 02/26/93 P.O. Box 82028 Page: 1 San Diego, CA 92108 (619)686-6000 Escrow Officer: DANIELLE F. COOK THE ESCROW HOLDER I8 COMMONWEALTH LAND TITLE COMPANY WHICH IB LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE. Buyer will hand you additional funds prior to closing in the amount of $ 2,377.00 Buyer has deposited into escrow the eum.of $ 265.0C TOTAL CONSIDERATION $ • 2,642.00 n and any additional funds and instruments required from nme ton enableyouton comply with thesev instructions, which you are to use on or before June. 20, 1993, and when Commonwealth Land Title .can issue a Standard Policy of Title Insurance Owners form, with liability of $2,642.00, on real property in City of National City, County of San Diego, State of California viz: The complete legal description shall be approved by the parties hereto prior to the close of escrow. Except any reservations of record of minerals, oil, gas, water, carbons and hydrocarbons. showing title vested in: Gareth Walker and Milan Kroupa, Sr. (prior to the close of escrow the Buyers will provide Escrow Holder method of title vesting) Free from encumbrance except: A. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the enouing 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. : 125336 Date . 02/26/93 Page : 2 Escrow Officer: DANIELLE F. 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 authorizedand instructed to debit the Buyer at the close of the following charges, including but not limited to the entire 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 coot of the CLTA Owner's Policy of Title Insurance. 4. These shall be no proration° 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 ie 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 Buyer shall install all of the public improvements ouch as curb°, gutters, sidewalks, and pedestrian ramps adjoining the property. The Buyer will also be required to landscape and maintain the property. Development of the property shall be in accordance with the approved Specific Plan. This means that installation of parking spaces on this property and the relocation of the driveway on Plaza Boulevard as requested will not be allowed unless an amendment to the approved Specific Plan is approved by the City. The City of National City assumes no liability as to the zoning or availability of utilities. Prior to the close of escrow, Buyer shall post a faithful performance bond for the installation of public improvements and landscaping. 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 adjacent parcel. No commission will be paid for the sale of this property. Prorate and make adjustments as of close of escrow the following: Not applicable Thniee`o the parties otherwise instruct you, you are to base your proration° and adjustme n informaEle nntained :.r. the beneficiary's statement(s) furnished you by lender record (any impounds u on said beneficiary's statement(s) are to be charged :yet and credited to Seller), r statement as handed you by Seller and oved by Buyer (security tas:....r.e, .;.waning tees an° a e rents as shown on rent atement are w ve e.ye.. .... Seller and credited to Buyer), assoc statemen niched you by the Homeowner's Aeeociation and/or its designated management any, fire insurance policy deposited into escrow and current year's taxes, whe ae applica In the event this eser Gees after July 1 and before the curren es are publicly posted and published, re instructed to prorate the taxes based upon the imme ely preceding year's t unless the parties to the escrow furnish you with an amount mutually ed to, sum shall be used as the basis for said proration. The General Provisions of the Escrow Bolder 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. Escrow Eo. , 125336 Date t 02/26/93 Page . 3 Escrow Officer, DANlELLE P. COOK GENERAL PROVISIONS 1. All proration. 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 re.ponuible for any payment, adjustment or proration of Homeowners Association (or similar) charge, fee or unrecorded lion 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 iseued 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. 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 anymannerwhatsoever for the sufficiency or correctness es 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. 6. You are to be concerned only with the directives specifically set forth in the escrow instruction° and amendments thereto, and are not to be concerned or liable for items designated ae •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 provisione shell not be applicable to Escrow Holder. Any amendments of or supplements to any inetructione affecting this escrow must be in writing. aigre. urea on any documents and inetructione pertaining to this escrow indicate the -signer's unconditional approval 9. You are not to be concerned with any questionsofusury 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 depositingsame, less fees and chargea herein provided. Escrow No. . 125336 Date . 02/26/93 Page . 4 Escrow Officer: DANIELLE F. COOE 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 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 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 addressee stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15) calendar days after date of .ouch 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 thie escrow and take no further action until otherwise directed, either by theprincipals mutual written instructions or by final order of a court of competent jurisdiction. If this ie 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 beborne 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 theevent 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 filiro of ouch action. you shall thereupon be fully released and discharged from all obligaUons to further perform any duties or obligations otherwise imposed by the terms of this escrbw. 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. Escrow No. . 125336 Date . 02/26/93 Page 5 Escrow Officer: DANIELLE F. COOK 21. A controversy between Escrow Holder and the principals arising out of any escrow involving lees 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 ehall be binding upon Escrow Holder and the principals. The arbitration award may include attorney'° 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 le 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 proceeding°, 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 thisescrow when the principals have complied with the escrow.instructions. These instructions may be executed in counterparts, eachof 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 Bale, buyer agrees to buy and seller agrees to. sell upon the termo and conditions hereof. A11 documents, balances and statements due the undersigned are to be mailed to the respective addressee shown herein, unless otherwise directed. In these instructions, whenever the context so requires, the masculine gender includes the famine 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 ouch nonpayment. ALL OF THE TERNS, CONDITIONS AND PROVISIONS AS SET FORTH HEREINABOVE ARE APPROVED, ACCEPTED AND CONCURRED IN BY THE PARTIES WHOSE SIGNATURES APPEAR HEREIN. Escrow No. . 125336 Date . 02/26/93 Page . 6. Escrow Officer: DANIELLE P. COOK BUYER(8) SIGNATURE (s): Gareth Walker Milan Eroupa, Sr. 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 whenyou hold in this escrow for my account the funds, prorate adjustments and instruments deliverable to me under these instructions. Indicate on deed required documentary transfer tax and charge my account therefor. SELLER(8) BIGNATURE(8): The City of National City BY Name/Title BY Name/Title Mailing: The City of National City, 1243 National City Blvd, National City, Ca 91950-4397 PLEASE SHIN 8 tE u:N COMMONWEALTH LAND TITLE COMPANY 1455 Frazee Road, Suite 600, P.O. Box 82028 San Diego, CA 92108 (619) 686-6000 ESCROW AMENDMENT/SUPPLEMENT Date : March 23, 1993 DANIELLE F. COOK Escrow No.: 125336 ESCROW OFFICER TO: COMMONWEALTH LAND TITLE COMPANY My previous instructions in the above numbered escrow are hereby modified and/or supplemented in the following particulars only: Gareth Walker and Milan Kroupa, Sr., hereby assign all right, title and interest in the above described escrow and the real property described therein to Gareth Walker and Bonnie C. Walker, husband and wife, as joint tenants, as to an undivided 50% interest, and Milan Kroupa, Sr. and Maria Kroupa, husband and wife, as joint tenants, as to an undivided 50% interest. Bonnie C. Walker and Maria Kroupa hereby acknowledge receipt of a copy of the original escrow instructions dated February 26, 1993, and agree to comply with the terms and conditions contained therein. All other terms and conditions not in direct conflict with the foregoing remain unchanged. BUYER(S)/BORROWER(S) SIGNATURE(S): Gareth Walker Bonnie C. Walker Milan Kroupa, Sr. Maria Kroupa SELLER(S) SIGNATURE(S): The City of National City BY r /d- ti J �tayyc. Name/Title`� U BY Name/Title Each of the above - signed states he has read the foregoing instructions and understands and agrees to them.