Loading...
HomeMy WebLinkAboutReso 1970-5834t. • r ~ RESOLUTION NO. 5834 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VIVIAN SWARZWALD FOR PURCHASE OF CERTAIN PROPERTY ADJACENT TO GREG ROGERS PARK-SCHOOL FOR PARK PURPOSES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and VIVIAN SWARZWALD, an individual, for purchase of certain property adjacent to Greg Rogers Park-School for park purposes, dated the 21st day of October, 1970, a copy of which is attached hereto and incorporated herein, the same as through fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $120,000.00 be, and the same is hereby appropriated from the unappropriated surplus of the General Fund, being the amount budgeted for said project in the 1970-71 Capital Improvement Program. Said appropriation shall be deemed to be receipts from the utility users tax deposited in the General Fund for the fiscal year 1970-71. The Finance Officer is directed to transfer and expend $50,000.00 of said appropriation immediately and the balance on or before the end of fiscal year 1971 as required in the establishment of the escrow. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to from by ~ ~~ ~ d George D. Lindberg, City Attorney George~~D Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of November , 1970, by the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ''~ ~~ %" ayor of the Ci y of Chu a V sta j ! ATTEST = ~ ~ ~' r' - - City Clerk ~' ~` STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler AGREEMENT FOR THE PURCHASE AIQD SALE OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEP,LY BOUNDARY OF GREG ROGERS SCHOOL PARK T IS AGREEMENT, made and entered into this 2 ~ ~ day of ~Y' ~.C{ ~ z- , 19 ']11, by and between the CITY OF CHULA VISTA, a municipal corporation; hereinafter referred to as "Purchaser" and VIVIAN SWARZWALD, an individual, 59 Uplifter's Road, Santa Monica, California, hereinafter referred to as Seller: W I T N E S S E T H WHEREAS, Seller is the owner of certain real property, hereinafter described, being a parcel of record located in the County of San Diego, State of California, described as lots or a portion of a lot or lots of record, and WHEREAS, Seller wishes to sell, and Purchaser wishes to purchase said real property, to be used for park purposes in the City of Chula Vista, County of San Diego, State of California, and WHEREAS, the parties hereto have reached an agreement which they now wish to reduce to writing. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Seller agrees to. sell, and Purchaser agrees to purchase that certain real property situate in the County of San Diego, State of California, more particularly described as follows: That portion of Quarter Section 90 of Rancho de la Nacion according to recorded Map thereof No. 166 on file in the office of the County Recorder, County of San Diego, State of California, described as follows: The Northwest Quarter of the Southeast Quarter of said Quarter Section 90, and the Northeast Quarter of the Southwest Quarter of said Quarter Section 90. 2. The purchase price therefor shall be the sum of ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000.00). 3. .Purchaser agrees to pay the sum of FIFTY THOUSAND DOLLARS ($50,000.00) upon the approval of this agreement by the City Council of the City of Chula Vista, and within not more than ten (10) days of the receipt of this agreement executed by the Seller, as partial payment on said property hereinabove described. 4. Purchaser further agrees to open an escrow on or before March 1, 1971, and to deposit into said escrow the sum of SEVENTY THOUSAND DOLLARS ($70,000.00) as balance for the payment of the purchase price of said property. It is understood and agreed that said escrow shall be closed within thirty-one (31) days or on or before March 31, 1971, which- ever date may be earlier. Seller agrees to share all normal costs of escrow and to provide a good and valid title policy for said property. -1- ~~s ~~3~/ 5. This agreement shall bind, and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. IN-WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove set forth. SELLER: / PURCHASER: Vivian Swarzwald omas D. Hamil on, Mayor The City of Chula Vista, California A~p~p`ro~ved as to/.fo by -~' ~/ ~ , George Lindberg, City Atto ey -2- ~~~ ~~~ Form No. 1000-1-Rev. 4-70 California Land Title Association -~ ~ -~-""~ ' ~ ._ -- - - -~ Standard Coverage Policy Form POLICY OF TITLE INSURANCE ISSUED BY AND Lawyers Title jnsurance Corporation corporations of California and Virginia, respectively, herein called the Companies For a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, the Companies hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Companies may become obligated to pay as provided in the Condi- tions and Stipulations hereof, which the Insured shall sustain by reason of: I. Any defect in or lien or encutnb>;ance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage. at the date hereof. of any lien or encumhrance not shown or referred to in Schedule B, or excluded from coverage in Schedule B or in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed. IN WITNESS WHEREOF, the Companies have` caused this policy to be signed and sealed, to become valid when countersigned by an authorized signatory of the Companies, as of Date of Policy shown in Schedule A. Laurye Title jnsurance (grporation ,~~~%~~.,~.~.~~~,o~~~ >- v~iSt ` ~' President C`~~. ,•' = Attest: ~ ~ ;, ~:1 President 1~.T.• 9r3 ~ t_ ~p/. s6s r . 3: ~- ~. ~~~.~~~ "~ Attest ti'-~ Sec reTa ry. Secretary Counter ,g e ~ o t qn~t ;'~ ~ '~ -, ; ~;' ~~ ,~ ',~,. '. ', ---~ ~ , ~ .:..-:~'1 BY - --- ----- ----- ---- - - - ----- - - -- -- Authorized Sienature CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "land": the land described, spe- cifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of mat- ters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public. records; (d) "date": the ef{ective date; (e) ~ "mortgage". mortgage, deed of trust, trust deed, or other security instru- ments; and (f) "insured" the party or parties named as Insured, and if the owner of the indebtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by fore- closure, trustee's sale, or other legal man- ner in satisfaction of said indebtedness, and (3) any federal agency or instrumen- tality which is an insurer or guarantor under att insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an Insured herein or not, subject other- wise to the provisions hereof. 2. Benefits after Acquisition of Title If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an in- surance contract or guaranty insuring or guaranteeing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the con- ditions and stipulations hereof. 3. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or govern- mental regulation (including but not lim- ited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or here- after erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule A, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless this policy specifically provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise ex- cepted or excluded herein. (d) Defects, liens, encumbrances, ad- verse claims against the title as insured or other matters (I) created, suffered, as- sumed or agreed to by the Insured claim- ing loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claim- ant acquired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writ- ing by the Insured shall have been made to the Company prior to the date of this policy: or 13) resulting in no loss to the Insured Claimant; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value without knowledge. (f) Any "consumer credit proteption", `'truth in lending" or similar law. 4. Defense and Prosecution of Ac- tions - 1Votice of Claim to be Given by the Insured (a) The Company, at its own cost and without undue delay shall provide (I) for the defense of the Insured in all litigation consisting of actions or proceedings com- cenced against the Insured, or defenses, restraining orders, or injunctions inter- posed against a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for'such action as may be appropriate to establish the title of the estate or interest or the lien of the mortgage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encum- brance insured against by this policy, and may pursue any litigation to final determ- ination in the court of last resort. (b) In case any such action or pro- ceeding shall be begun, or defense inter- posed, or in case knowledge shall come to the Insured of any claims of title or in- terest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if [he Insured shall in good faith contract to sell ahe indebtedness secured by a mort- gage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by [his policy refuses to purchase and in any such event the title to said estate or in- terest is rejected as unmarketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the In- sured, or if the Insured shall not, in writing, promptly notify [he Company of any such rejection by reason of claimed unmarketabili[y of title, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; pro- vided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall He actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms of this policy: whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy permits or requires [he Company [o pres- ecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide defense in such action or pro- ceeding, and all appeals therein, and per- mit it to use, at its option, the name of the Insured for such purpose. Whenever (Conditions and Stipulations Continued and Concluded on Las[ Page of This Policy) ~~ ~~ i ~ - ~j~ J ~ ~,~ ~;ti, Furor Nu. 1000-2-63 CLTA Standard Coverage Policy Form Copyright 1962 CLTA-1963 Insured: Policy No: 270283-I: 270283-K STANDARD COVERAGE Consideration paid for this policy: $ 357.20 (4.1C) E$ective date: piarch 23, 1971 at 9:00 o'clock A .M. Amount of liability: ~ 120,000.00 The estate or interest in the land described or referred to in this schedule covered by this policy is: A FEE. Title to the estate or interest covered by this policy ai the date hereof is vested in: CITY OF CHULA VISTA, A 1'lUNICIPAL CORPORATION The land referred to in this policy is described as follows: The Northeast Quarter of the Southwest Quarter and the Northwest Quarter of Che Southeast Quarter of Quarter Section 90, Rancho de la Nacion, in the county of San Diego, State of California, according to Map thereof No. 166 filed in the office of the County P.ecorder of San Diego County, May 11, 1869. ~~ 620-060-06 Code 63041 SCHEDULE A CITY OF CHULA VISTA, A `iti.JTCIPAL CORPORATION Page T~.?o ~~5~ s~3ti Form No. 1000-3-63 CLTA Standard Coverage Poticy Form Copyright 1962 270283-K SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART ONE: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. .Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. v. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct sur- vey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; resen~ations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to eater. PART Two: 1. County and special district taxes, a lien not yet payable, for the fiscal year 1971-1972. 2. Taxes or assessments levied by the South liay Irrigation Aistrict, a lien not yet payable. 3, An easement of right of way in, upon, under and across the h~esterly 10 feet of said land, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes, at such locations and elevations, upon, along, over and under said right of way as Grantee may deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the herein described lands, together w5-th the right to clear and keep clear said right of way from explosives, buildings and structures, as granted to Otay Plunicipal [dater District in deed recorded July 15, 1964, as File No, 127610. Grantor therein covenants for himself, successors and assigns not to place or maintain any building or structure on said easement. Page 'Three ~~~ ' 5.~~ Dog ~ _~ ' ^ ~ ~~~~ I do q J i d ~~ ~ ~ i' `,• P .. Y ~ W .1 o~ N (~ ~~ ~ . m (0 ~ ~ .e ,~~~ ~r ~o V. -- aQ O ~ -. ~ o = U.no O J ~ a Z Q w J W ~ ~ a v~ - u ~ ~ O~ ~ I '1 ~~~ ~'~~i" • : ' i: I TITLE PLANT ERA. ICE d~l; , I;;°~ CONDITIONS AND STIPULATIONS (Continued and Concluded From Beverse Side of Policy Face) requested by the Company the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or de- fending such action or proceeding, and the Company shall reimburse the Insured for any expense so incurred. 5. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed [he Company is liable under this policy shall be furnished to the Company within sixty days after such loss or dam- age shall have been determined and no right of action shall accrue to the Insured tinder this policy until thirty days after such statement shall have been furnished and no recovery shall be had by the In- sured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against main- tenance by the Insured of any action under this policy. (. Option to Pay, Settle or Compro- mise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay- the full amount of this policy, or, in case loss is claimed under this policy h} the owner of the indebted- ness secured by a mortgage covered by this policy, the Company shall have the option to pun base said indebtedness: such purchase, payment or tender of payment of the full amotmt of this policy, together with all costs, attorneys fees and ex- penses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of clnim has been given to the Company by the Insured, the Company offers to purchase said indebt- edness. the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upmi payment of the purchase price. 7. Payment of Loss la) 1•he Liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs attd attorneys' fees which the Com- pany may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable tinder this policy (l) if the Company, after having received notice of an alleged defect, lien or encum- brance not excepted or excluded here- in removes such defect, lien or encum- brance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent jurisdiction sus- taining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro canto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruc- tion shalh be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro canto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the in- debtedness serurrd by such mortgage. Payment in full by any person or voluntary satisfac•.tion or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the rnnditions of this policy the loss or damage shall be payable within thirty days thereafter. II. Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the, Company may pay under anv policy insu?~htg the validity or priority of anv mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on' the estate or interest described roc referred to in Schedule A, and the amount so paid shall he deemed a payment to the Insured under this policy. The provisions of this paragraph num- bered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebt- edness or any part thereof. 9. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled fo all rights and remedies which the Insured would have had against any person or property in respect to such claim had [his policy not been issued. If the pay- ment doe, not cover the loss of the In- sured, the Company shall he subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amrxutt, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all right and remedies against any person or prop- erty necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release or substitute [he personal liability of any debtor or guarantor, or extend or other- wise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for [he indebted- ness, provided such art does not result in any loss of priority of the lien of thr mortgage. 10. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the esmtr nr interest insured herein must be based on the provisions of this policy. No provisimt or condition of this policy ran 6e waived or changed except by writing endorsed hereon or attached here- to signed by the President, a Vice Pres- ident, the Secretary, an Assistant Secre- tary or other validating officer of the Com- pany. 11. Notices, Where Sent All notices required to be ,given the Companies and any statement in writing required to be furnished the Companies shall be addressed to them at the Home Office of Land Title Insurance Company. 1330 Fourth Avenue, San Diego, Cali- fornia 92101. 12. All references to the Company herein refers to the Companies, and when the context so requires the singu- lar number includes the plural. 13. The premium specified in Schedu]e A is the entire charge for title search, title examination and title insurance. LAND T/TLE T /NSURANCE COMPANY A subsidiary of LwyelS Title Insurance Corporation of Richmmd.Virginu .ya. ~'b. "~' "~. ~°~' Q .. ... ... ... ... . .. ...eK ... ~... ... ... .. .. ... ... ... ... ... ... ... ... ... ... ,.~~~~n.aF ~~ ,~~~, ~_. . ~ ~ o ~ ~ i W N ; ~ ~ W ..I V ^4 ? z a ~ . 3 ~ ~ `~~ ° ~ z ~ Z t "G . U ~ Q= J~a J ° U Z N a J Z ~ JmQ z { ~ - ~ c ~ N { t ~ : ' ...~ ...~ ----°- V/ yC~~i~/G. POLICY OF LAND TITLE INSURANCE __ _ _ ~..~_.n...,-. . ri. .,-.,n.,-_.n. .~... rn. ...n.-.~:.r...~_;ra.-...,n. .~:.ri. ~..^..,-.,n. ...~._,-...ra._~...r.~...~..;~._~..-i-.-:~.~n. .~... n. ~... r.~. .~