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Home My WebLink AboutReso 1970-5539RESOLUTION NO. 5539 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING LIEN ON PROPERTY OWNED BY THE PAMPERED LADY, INC., A CALIFORNIA CORPORATION, LOCATED AT 527 "H" STREET IN THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACT FOR IMPROVEMENT OF ALLEY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista, pursuant to the recommendation of a zone change on the properties located along the north side of "H" Street between Fifth Avenue and Smith Avenue, adopted said change incorporating the property into the Commercial Zone, as shown on Ordinance No. 1149, adopted the 29th day of October, 1968, and WHEREAS, one of the conditions of said ordinance was a requirement that the alley to the rear of said properties be improved in accordance with the requirements of the Director of Public Works, and WHEREAS, the property owner of one rezoned subject to that condition, located a agreed to furnish to the City a lien on said sufficient to construct said improvements at alley improvements are constructed along the alley. of the properties thus t 527 "H" Street has property in an amount such time as the full full length of the NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said City hereby accepts said offer of a lien by said property owner, and that said lien may be recorded if no cash deposit is made by the property owners, or, if a cash deposit has been made, may be recorded if said deposit is withdrawn prior to the installation of said improvements. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized to sign the Contract for Improve- ment of Alley, which contains said lien. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and he is hereby authorized and directed to record said agreement and this resolution in the office of the County Recorder, San Diego County, State of California. Presented by .~.% 1~;..~ .~ rte. ~~t-- Lane F. Cole, Director. of Public Works Approved. as to form by .-~ `~' ~- (~r- ! George D. ndberg, City Attorne '. ~' ADOPTED AP'D APPROVED by the CITY COUDTCIL of the CITY OF CEULA VISTA CALIFORNIA, this 24th day of February ~ lg 70 , by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, McAllister, Scott, Sylvester ?AYES: Councilmen None ABSENT: Councilmen None ~.J~ Mayor of the City of Chu Vista \ _ ATTEST ~"~ (~ ___._.Ei ty Clerk STATF, OF CALIFORNIA ) COU"diY OF SAT' DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH p. CAMPBELL, City Clerk of the City of Chula Vista, Cal.t~o~nia, DO ~iEREBY CERTIFY that the above and foregoing is a full, true and correct c:~n;- tai and that the same has not been amended or revealed. DATED: City Cleric CC-652 11 When recorded pleas turn to: Kenneth P. Camptell, City Clerk P.O. fox 1087 Chula Vista, Calif. ' .._ s~ ~ FILE~PAGE NO......'. __. _~ ,~ ///~}'~~/~j.~ /R(EC(/OR,D~/E///D~'~ AT RJ/E/'JQUEST OF G/ r~~271970 HT., cy ,MINUTES PAST.____.__.. soeK ~s,o oFFIC14E ~ECOS~s r; c%! ` - .. ''J 5539 SAN DIEGO COUNTY, C.4LIfORN1A ___ __.__ ~ ~. caA:t caur~rr it6C0RDER'~ ~~~' ti CI T. _r .::~:~ ~~Ji^_ C~_i t~~.~i _~='', 1.~1U:', ~Jti-. _iI~JJ i'_ ~~ ,' "_~" :J, 1Z1~.~`L ~.., r~u,_~ -r~itr Li L : r .~ ~ ~ li _.i -~. _ ,~' ,i.. ~~. > rh(~ : ~~71~~ ~.~ 1i<<~ ~'1 ~_i O.. ICtiL ~A rVl1,! ?~.:JD F~ ._.,) 1.1,._NLi t_. :!!i~..>.h L,) ~.. Cl1r r7:~I~~iC .l.~ L v:. ~ 1 i_~.~1~ ~J~~ _ L.)~' .`.~~~L~L~ , a~ 7'1.7 E3 C1 ty COUnCil OL trie C1ty O~ Chl:i.7.~1 V1Stc"t 11O2S }7e7:eby; 'rG1.EP.Yt~S, tie: Cz_t, Cr~vnc___. Gr irh~ Ci tyv of Chub: V1SL~_, pursuant to the recr~;crn~ndat:ion Of a zone chance on the prcperti.es ~ a nr r`- r;~ a ~ ice, ~ tiLr~' SCrE'Ot b.~~r,~ry,E:P. ?'l~t}~i AV;~nL1Er O<~aC- 1. alCnJ t._.. nOrC`1 1C.., Oi ~, ~ ~ _ an:a SmJ.tYl A~r2nue, ac'.o_,tec sa,c. chars.-fie ~ nCOr~JOY~a'_ inct the pro~~er_ty into the Cor.'~::ercial Zone, as s~lown or. Orc:i_nance N%. 11.49, adopted the <9th day of Octo'r_~er, 19~~, an; 4"7HERF'AS, One Of t~7e cOridl.tlons Of Sa1d Ord'_nar.ce t-Ias a reC~Lllic:ment that the a112V tC` the rec.r ~~{" Sc 2C+. T?rOr~ert1.23 b•-?. 1TCtJ.rOV2C~ _Ln aC~:OrCanC^ C~?1 t:1 t~"'_e r:iCulYE'ile~.tS O~ the Director of Public t~7orks, and W:?EREAS, the pr_o~erty owner of one. rezoned subject to that cone?ition; loc~tea a agreed to furnish to the Ci ty.~ a lien o ~. s~;id suffici_er.t to construct said i:~~prove:~!er_~s at alley liilprCVe:(le:'!tS are CCnStrUCted a1Cny tr?c:'. alley. or the properties t:7us }y. 527 "i3" Street has ~:ro:%erty i n an amount such time a. s, the fuel full length of t?7e `_"~r,''"'?-'~'~E r~ ; T pz'c•,T:~T='D by t_".~ City CGL1nC it O': t'1~°. C:1~y OL C:nU1a ~/~Stt3. ti.at Sa1C' C:'_t~,' nerE~'J~i aCC'E".--~iJS sa~Q Of'~er O~ r?. lien by said property owner, and treat s;~~_d lien rr.a~- be reror_dec? i_ ~^ no cash deposit is oracle by the property.- o~~?r_ers, or, ii: a cash deposit has been made, may be recorded if said deposit is witi7dra~•?n prior to the installation of said imr~rovements. BE IT FJRT::ER RESOLVED that the Mayor of the City of Chula Vista be, and re is hereb~,• authorized to sign the Contract for Irio_ rove- ment of Alleya, ~,~hich contains said lien. BE IT FUnTHEk PESOLVED that ti7e City Clerk of the City of Criula Vista be, and ize is Hereby authorized. and directed t.o record said agreement and this resolution in the office of the County Recorder, San Diego County, State of California. Presented by Lane F. Cole, Director of Public Works Approved as to form by George D. Lindberg, City Attorney ~ss~3 g ADOPTED AP'D APPROVED by the CITY COUDICIL of the CITY OF CEULA VISTA ' CALIFORNIA, this 24th day of to-wit: February 1970 by the following vote, AYES: Councilmen Hamilton, Hyde, McAllister, Scott, Sylvester NAYES: Councilmen None ABSEPdT: Councilmen N°ne (s) Will T. Hyde Mayor of the City of Chula Vista ATTEST (s) Kenneth Campbell City Clerk STATE OF CALIFORNIA ) COU..TY OF SATE DIEGO ) ss . CITY OF CHULA VISTA ) I, KENNETH p. CAMPBELL, City Clerk of the City of Chula Vista, CalLtotnia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct c:~n~- ~~t Resolution No. 5539 or re~Paled. DATED: February 24, 1970 and that the same has not been a~^:ended ;~ r - ~_, -...~ city Clerk CC-652 ~~ ~~~~~ CONTRACT FOR IMPROVEMENT OF ALLEY AND IMPOSITION OF LIEN UPON SUBJECT PROPERTY THIS AGREEMENT, made and entered into this 24th day of February , 1970, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City"; and PAMPERED LADY, INC., a California corporation, hereinafter called "Property Owner"; W I T N E S S E T H WHEREAS, Property Owner secured rezoning of certain property located along the North side of "H" Street, between Fifth Avenue and Smith Avenue in the City of Chula Vista, and the City Council of the City of Chula Vista, in adopting the ordinance establishing said property in the Commercial Zone, also required as a condition of said zoning that permanent improvements be installed in the alley adjacent to said properties, and WHEREAS, the conditions of said Ordinance No. 1149, adopted by the City Council on the 29th day of October, 1968, may be satisfied and the zoning may become effective either upon the completion of said permanent improvements in accordance with the requirements of the Director of Public Works, or provision by the Property Owner of a lien agreement securing the installation of said permanent improvements at such time as the full improvements of the alley are accomplished in the future. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owner, in lieu of making the improvements specified herein prior to the effective date of the rezoning set forth in Ordinance No. 1149, adopted by the City Council on the 29th day of October, 1969, certify, agree, covenant and promise that they will install, construct or cause to be installed or constructed, the improvements hereinafter set forth, within thirty (30) days of written notice to construct said improvements from the Director of Public Works. Said improvements shall be made without cost or ex- pense to the City except as may be consented to by the City. 2. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to the City of Chula Vista a lien upon the property herein described, and in the event the Property Owner, his successors, heirs, assigns or transferees, fail to install or construct said improvements in the manner and within the time specified herein, they agree that City may do any or all of the following: (a) Install or construct said improvements by contract or otherwise, and permission is hereby granted to City or its contractor and contractor's employees to enter upon any portion or portions of said property reasonably necessary for said construction, and the entire cost and expense of said improvements shall be charged against said property and said cost and expense shall be payable by Property Owner, his successors, heirs, assigns or transferees, immediately upon completion of said improvements, and in the event the same is not paid within thirty (30) days from said completion, City may ~~ ~~~ ~C~ foreclose said lien, as provided by law for the fore- ~~ closure of mortgages, and Property Owner agrees that the amount of said lien shall include reasonable attorney's fees, which shall be taxed as a cost in any suit or foreclosure. (b) Direct the Director of Public Works to estimate the cost of the work required to complete said improve- ments and foreclose said lien in said amount. (c) Foreclose said lien as a mortgage. (d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, and Property Owner, his heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 3. At any time during the period herein provided, Property Owner, his heirs, assigns or transferees, may make a cash deposit with City in the amount estimated by the Director of Public Works to cover the total cost of the improvements. If said cash deposit is made prior to the recording of this contract, then said contract shall not be recorded as long as said cash is on deposit with the City. If said cash deposit is withdrawn from the City, said contract shall be recorded. If this contract has been re- corded and then said cash deposit is made, the City may release said lien of record and hold this contract or any new contract unrecorded as long as said cash deposit is left with the City. 4. The work to be performed and the cost of said improve- ments and the amount of this lien is the sum of $1,000.00, said estimate being the amount stipulated by the Director of Public Works. Said work consists of the installation of paving in the alley behind the property located at 527 "H" Street in the City of Chula Vista, in accordance with the requirements of the Director of Public Works as set forth in the standard plans and specifications therefor adopted by the City Council of the City of Chula Vista as presently existent or as same may be amended. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA PROPERTY OWNER r,--- `~tieni , Mayor of the City of C ~ la Vista - re ~ '- /i \ , ~" ATTEST ~~ .x__- ~-t-~----c G ~~'~-t< ~~ _./A'I'1'E~T .. `'`~:-~ ,y y-'C 1 e rk - ~ Corpor Lary Attach Notary Acknowledgment here. _. l`, Approved as to form by ~__ - ;-~~" ~ ;- \:e , cwt ~fC.~-- - ~~ . .rZr_~ -~ ,.- __-. George D. L, dberg, City Attorney. v _ ! ~' - ; .~,~ ~~ ~`" ~~ ~ t!~_ ~. . ~~ <<.. L IN THE MfiTTER OF THE DEED OP' T P.UST made by...... ~'fl~a~'..?=;"h A.. T+E~~?~:.,..7ii4~~.....a ............... California; Carpor~tion .............................................................................................................................................................................. ......................................................................................................................................................... Trustor....., dated....I?~Cexgl?~x.. ~2.... , 19.65......, and recorded....7?~.c~ra'Je.~.3.1...., 19..69....., in Bool:.l°6Sf Se~~ea 10 File San Die o Page..~3.59°S...of Official Records of the County Recoeder of .......................-..~...................................._ County, State of California, securing........4:'1e ................promissory note....made by....PAt~1PERED LADY t.. ING........................................ .......... dated..December..22......_.. 1969 ............. for the sum of ~..44~.000.00 ~ payable in..i~stallmenta, of EIGHT 11Ui;DRFD 2tIi~ETY TWO AND 20/100ths .. .. .................................................... Dollars..e~ch.morth on the i5th day of each and. every month, beginning oa the 15th ............................................ . day of February, 1970 and continuing until the 15th day of January, 1975 when the .............................................................................................................................................................................. then remaining unpaid principal balance and accrued interest shall be due and payable. co the order of...~d~... ~~1`~~ki>aL.,...a~..u.~:rra~x~~.~..Yi.Q~.an ..................................................................... with interest from. D~c..,,,jl,~l,~b9....until paid at the rate of............E.ght,.,(8.)„. . .................................... per cent per annum, payable......, nonthly . ..........................~ Said Deed of Trust covers the following described real property, to-wit: Lot 4 of LA PLAYA YISTA AIsTI~TEX, according to leap thereof No. 2659, filed in the office of the County Recorder of said San Diego County, TIay 12, 1950. NOTICE IS HEREBY GIVEN that a breach has occurred in the performance of the obligations of said note and Deed of Trust, the nature of which said breach is as follows, to-wit: Installment due September 15, 1970 delinquent. -.--IInpaid Principal Balance: X39,885.97• Interest from: August 15, 1970. Delinquency of taxes, insurance and assessments, if any. NOTICE IS ALSO HEREBY GIVEN that by reason of said breach the undersigned owner-and holder-of said note-, and Beneficiary under said Deed of Trust, has elected to cause the SOUTHERN CALIFORNIA FIRST NATIONAI- BANI{, a national banking association, as TRTISTEE under said Deed of Trust, to sell the above described real property after three (3) months shalt have elapsed following the recordation hereof, pursuant to the power of sale conferred by said Deed of Trust and pursuant to the laws of the State oI California and to the provisions of said Deed of Trust, to satisfy the obligations created by said note-and by said Deed of Trust. Notice is also given that if said note-ha snot (ally matured according to the terms thereof and/or the terms of said Dced of Trust, then bti• reason of said breach the undersigned hereby declare-the whole ~j• amount of said note-with interest thereon, as provided, together tivith all other sums secured b}' 1 said Deed of Trust, to be immediately due and payable. P-iAXIr~ C?~~~'b1:LL ,r t~ ~~ o c'" ~~ ~•,ilt ..as .~, ~, .~~.,~~~ i''.ecorder FORM 557, REV.,'S-57 ~ ~~;~ l ~;',. .ti r - / .~. v. ~~ l/.~~e o~ zs7ti ~ss3~