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HomeMy Public PortalAbout83-149 SOLUTION NO. 83-149 A RESOLUTION OF THE CITY COUNCIL OF TBg CITY OF CARSON APPROPRIATING FUNDS FOR THE ACQUISITION OF REAL PROpERTy THE CITY COUNCIL OF THE CITY OF MRSON HEREBY RESOLVES AS FOLLOWS.- Section 1. The City Council of the City of Carson hereby appropriates the sum of $369,500.00: for the purchase of a certain parcel of real property from Sheldon Baer, plus he sum of $1,000.00 for escrow closing casts# in accordance `i-th the terms of the escrow instructions attached hereto as Exhibit A. The difference between the actual Closing costs and the sum hereby appropriated shall be re-allocated to the General Fund. PASSED, APPROVED and ADOPTED this 15th day of _Auger_ 1983. 1 v ATTEST: Mayor City C er STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 83-149 was duly and regularly adopted by the City Council of said City at a regular meet ng of said Council, duly and regularly held on the 15th day of August, 1983, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Bridgers, Calas and Mills NOES: COUNCIL MEMBERS: Egan ABSTAIN: COUNCIL MEMBERS: Muise ABSENT: COUNCIL MEMBERS: None r City Clerk, City Jbf Ca n,California Res. No. 83-149/Page 2 of 7 ESCPOW NO: 97-2034-RO AMENDMENT The escrow instructions dated July 15, 1983 are amended concurrently with execution thereof, in the following respects only: 1. Paragraph 4 on page 1 of the July 15 , 1983 escrow instructions is changed to read as follows : "4 . Buyer agrees to deposit into escrow a resolution identifying the persons authorized to sign the necessary documents for the acquisition of real property by buyer. " 2. Title shall not be subject to any covenants, conditions , restrictions , or oil , gas , or other mineral exceptions or reservations. Title shall be subject to the following exceptions , and to no others : Exceptions nos. 3 (pipeline easement) , 4 , (pipeline easement) , 5 (pipeline easement) , and 6 (public road and highway easement) shown on preliminary report no. 410548-84 dated July 15, 1983 issued by Chicago Title Insurance Company, a copy of which is attached to the escrow instruc- tions dated July 15, 1983. 3. Seller shall deliver to buyer an assignment of all seller' s rights with respect to Title Insurance and Trust Company Litigation Guarantee No. 80 35 459 and all title work done in connection therewith, in a form to be approved by both parties. ESCROW NO. 47-2L- Res. No. 83-149/Page 3 of 7 4 . Prior to the close of escrow, seller shall execute a quitclaim deed to the property described in Exhibit B attached hereto, releasing any and all interests that seller may have in and to the area known as San Pedro Street. Said quitclaim deed shall be recorded at the close of escrow concurrently with the other instruments being recorded in connection with this escrow. 5. Buyer is a tax exempt municipal corporation, and the title policy shall show title free of all tax liens and assessments. 6. Prorate real property taxes as of the close of escrow. Buyer will supply you with a letter requesting cancellation of taxes as of the close of escrow. At the close of escrow, you are instructed to insert the date of the close of escrow on said letter, and mail the same to the office of the Auditor-Controller. In the event taxes are not paid to the close of escrow, the same are to be paid from seller' s pro- ceeds, and you are instructed to prorate said taxes as of the close of escrow, and to forward taxes as required directly to the Los Angeles Tax Collector. In the event taxes are paid beyond the close of escrow, you are not to prorate taxes , and reimbursement will be made to seller by the Los Angeles County Tax Collector after the close of escrow (Revenue & Taxation Code §5096. 7) , and in that event the letter addressed to the Auditor-Controller that buyer will furnish to you will include a request that such refund be made -2- Res. No. 83-149/4 of 7 SCROt4 ;,0. 97-2035 o / to the sellers. Seller to pay all personal ropert P Y taxes , if any. Seller agrees to pay delinquent taxes , if any, and the prorata share of 1983-1984 general and special real property taxes, if any, that are unpaid . 7 . The following paragraph is to be added on page 1 of the July 15, 1983 escrow instructions , as an additional matter of record only, which does not constitute instructions to the escrowholder, and as to which escrowholder is not to be concerned with, or have any obligations: "3. Seller warrants that as of the close of escrow the property is not subject to any lease , rental agreement, or right to possession of any kind. " DATED August , 1983 DONALD SHELDON BAER AND MIRIAM BAER, TRUSTEES OF THE BAER FAMILY TRUST DATED JUNE 31 1981 DONALD SHELDON BAER �7 4 T MIRIAM BAER CITY OF CARSON, A MUNICIPAL CORPORATION By Mayor, City Clerk —3— Res. No. 83-149/Page 5 of 7 . .,: ?un„ - �-•r u:n •iU ? a..t �:.i?Jrf .-ul.. �..-�{ Ivir !�i.�Q..xi 1lJ: �a 0FFICE i I]`=E: JULY 15, 1983 ('! 7.)060 BLVD, SUITE 2Ul GArJ:�1A, CALIFORNIA RDN Oi.Lz=.RA {l1s) X27 J060 ESC-�a•7 OFFICER Forth-consideration hereinafter stated the undersigned buyer is acquiring the real property herein set forth from DO: Fi D SiELJ021 BAER A-ND tiIRIAFI E,ER, TRUSTEES OF T1iE BAER FAMILY TRUST Ekz�`r'--D Jt �E 31 1901 I Title to be vested in CITL'y OF CAPSON, A MUNICIPAL, CORPORATION Real Property in the State c.f California, County of LOS PJbSE .ES, CITY OF C.A.P,SON, AS P: R LFrkL DESCRIPTION ATTACIJED HEREIN AND MADE A PART HF_REOF YAKKED A" C01-1P ZISED Ot' 1 PAGE. (SELLER STATES PPOPERTY ADDRESS IS: CARSON, CALIFORNIA 90746) You will record any instruments called for in this escrow when you can obtain Policy of Title Insurance on said property with liability limited to the total sales price showing title vested as above, Subject Only to: ALL General and Special, Real and Personal property taxes for the fiscal year (1933-1984) . Covenants, conditions, restrictions, easements, rights and rights of way of record. Oil, gas, or other mineral exceptions or reservations of record, if any; II1STItIJC.'TIONS: 1. Seller agrees to deliver to Buyer the following items, prior to the close of escrow: a) All existing Title work on the subject property (preliminary title report, CC&RI S) ; b) All soil reports; c) All drawings that are available for curb and gutters on the subject property; o) Litigation Guarantee dated October 8, 19821 #8035459, from Title Insurance and Trust Company, a Ticor Company (San Pedro Street) . Buyers approval of the above items will be acknowledged by Buyer's final deposit of monies into escrow and no further approval shall be deemed necessary. 2. Buyer agrees to gay Sellgf the sum of $4,500.00 for item #d as stated above under item fl of the escrow instructions. Escrow is instructed to debit Buyers deposits the said amount and credit the Seller the same, at the close of escrow. 3. Seller agrees to deposit into escrow, with signed escrow instructions, a copy of the BAER FAMILY TRUST, dated June 3, 1981. 4. Buyer agrees to deposit into escrow, with signed escrow instructions, a Corporate Resolution for the purchase of the subject property. Within said Resolution should be the e or names of person(s) who is authorized to sign for said Corporation. Buyer agrees affix Onto all pages, their Corporate Seal. A MATTER OF RECORD ONLY; to which escrow is not to be concerned or held liable: 1. Brayer and Seller hereby agree to execute a mutual release whereby each releases all claims against each other in a form to be signed by both parties. 2. Buyer is to receive possession of the subject property at the close of escrow. ALL BUYERS A20 SELLERS HEREIN: PLEASE INITIAL BELO[•1 THE LAST PARACJLkM PRINTED ABOVE. ***ADDITIONAL ESCRCX-1 INSTRUCTIONS Qii4TINUED ON NEXT PAGE*** See page 2 for the_continuation of these escrow instructions. . ' Res. No. 83-149/Page 6 of 7 ESCR A,l IJO: 97-2034-RD DATE: JULY 26, 1983 "EXHIBIT A" LEGAL DESCRIPTION THAT PORTIOI] OF LOT 17 OF 7 HE BASSETT TRACT, AS PER I•lAP RECORDED IN BOOK 2, P,�GE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO 71y, b)UNDED PS FOL VIS: 0.4 THE FAST BY THE EASTERLY LINE OF SAID LOT; ON THE SOUTH BY THE SOUTHERLY LINE OF 168TH S BEET AS DESCRIBED IN DEED TO THE COUNTY OF LOS ANGELES, RECORDED IN BOOK 5150, PAGE 225 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUIJTY RECORDER OF SAID COUI7TY; 014 THE WEST BY THE EASTERLY LINE AND SOUTHERLY PROLONGATION THEREOF, OF THE STRIP OF LAND DESCRIBED IN PARCEL 10-20 OF SUPERIOR COURT CASE NO. 899526, THE NO'T'ICE OF PENDENCY OF SAID ACTION BEING RECORDED ON DECEMBER 13, 1966, AS DOCU MIT NO. 2137 IN BOOK Al-2413, PAGE 423 OF SAID OFFICIAL RECORDS; AND ON THE NORTH BY THE SOUPHE.RLY LINE OF THE PARCEL OF LAND DESCRIBED IN PARCEL 16-20 OF SAID SUPERIOR COURT CASE NO. 899526. DONALD L:iEIMN BAER ARID MIRIAM BAER, TRUSTEES OF THE BAER FAMILY TRUST DATED JUNE 3r 1981 DO_dALD SHELDON BAER MIRIAM BAER CITY OF CARSON, A MUNICIPAL CORPORATION ATTEST BY. -) -f i ( ' _ :• .x 1. BY:Z44 Yo F- CITY CLE�K Da fe ' , Res. No. 83-149/Page 7 of 7 JULY 15r 983 JULY CC%SIDERA T ION I PRORATIDNS AND ADJUSTMENTS 10 be mode on bcis of 3D day month WQ nn Items marked­X­below u of Close of escrow. cR ilILL HAM Y7J PRIG TO CLOSE -N3 TAXES 1982-1983 S 365,000.00 r un.nt Y••.,b•v upon znC L n•Ir o, r:,i�a v.•rl $ _ — •Q INSURANCE on bcis of premiums shown on policies hended you. $ •❑INTEREST on Trust Deed Non S • RENTS on the basis of rental statement $ •❑IMPDUNDS to be replaced by the buyer $ •❑ $ Total Sales Price $ 365f000.00 GENERAL INSTRUCTIONS: Time is of the essence of this agreement. If, for any reason, this escrow cannot be closed by AI)GUS'T 30, 1983 OR S001`Tr�t of cancellation is given by either party. Any notice of cancellation you affecating this escrow, for it whatever as eason anld whenevter givensmot be given only in writing, delivered to you in duplicate. On receipt of such notice you shall within three days mail one copy to the other rty. Unless written objection thereto from such other party shall be received by you within ten days after such mailing, you are author- d to comply with any instructions in such notice and to cancel the escrow upon payment of your cancellation charges. In the event itten objection is received within the time stated or in the event conflicting claims are made upon you in this escrow, you may refuse take any further action hereunder or you may interplead the parties in any court of competent jurisdiction, in which case you shall I e l entitled to your costs including reasonable attorney's fees, incurred therein. If you become a party to any civil action by rez;on of this escrow,you shall be entitled to recover your attorney's fees and costs, as may be allowed by the court. You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited, with any sub-escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. From the buyer's funds, you are authorized to pay, upon presentation, invoices for new or additional insurance. Seller warrants that premiums on existing insurance have been paid. Prepare the Deed providing for the Tax Bills being forwarded to the buyers at ❑ Address of property ❑ I agree to deposit funds and deliver documents as called for herein and pay buyer's usual charges.- Buyer �t-7 CITY 9F CARS j, P. MUNICIPAL-CC)RPORATION CVtTt,Wf n / Buyer Buyer 'i Buyer PRESENT ALDRFSS: F RWARDINS ADDRESS: The undersigned SELLERS hereby approve the above instructions in their entirety, specifically including the incorporation of the printed general instructions, and will hand you deed for said property to be used when you hold for my/our account the total sales price as above set forth less any amount paid outside of escrow and less the unpaid balance of any encumbrance listed above. Commission,if any, to be paid Broker is provided in separate instructions. From funds held for my/our account pay�l d l t lecessary to Place title in the condition called for in these instructions. You are authorized to pay any other encumbrances necessary to place title in condition called for and i/will hand you any funds or rents required for such purpose. I agree to pay seller's usual charges, Dorms SHELDON BAER TRUSTEES OF THE BAER FAMILY TRUST 3 19 1 BAER Ilex DATED JUNE 3, 1981 !far ier ler PRESENT ADDRESS: 12127 IRMELL STREET, ,STUDIO CITY, CALIFORNTA 91604 FORS'JkRDI14G ADDRESS: 12127 IREDELL SIREbT, STUDIO CITY, CALIFORNIA 91604 i-W - FINAL PAGE -7/N APD 7022