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HomeMy WebLinkAboutReso 1969-5442RESOLUTION NO. 5442 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING LIEN ON PROPERTY OWNED BY JOHN F. McCRORY AND BERDINE E. MCCRORY FOR INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, John F. McCrory and Berdine E. McCrory desiring to obtain access to a certain street in the City of Chula Vista known as James Court has executed that certain agreement which authorizes said access and provides for the installation of certain improvements which improvements shall be deferred as provided in said agreement, and WHEREAS, said property owner has agreed to furnish to the City a lien on their property in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said City hereby accepts said offer of the lien by said property owners, 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is made by the property owners, or if a cash deposit has been made, said lien may be recorded if said deposit is withdrawn prior to the installation of said improvements.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 Improvement in Public Rights-of-Way, 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 Approved as to form by ,j __, ,.- r ~~ ~,.; R an F. Cole, Director of Public Works f. .~ _ _ L __ G~e~rge D.r'T.,indberg, City Attorney ~/ ADOPTED ALiD APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA CALIFORNIA, this 25th day of November , 19 69 by the following vote, to-wit: AYES: Councilmen _Sylvester, Hamilton, McAllister, Scott NAYES: Councilmen None ABSEPdT: Councilmen None _ , j~, L / Mayor/of the City of Chula Vista pro tem City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the city of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED City Clerk ~~ When recorded please return to: Kenneth.P. CaalpUell, City 41~rk P.U. 80~: 1087 ' Chula Vista, Calif. 92012 REC;,+:t3£D AT REQUEST Cc •' 1 ~- , , ~ ~ L ~ ~ ;~ ~~r~9~.z '~ ..., ~ _, J _ ~. 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G:"1 tf:E=1]" ~ rOp:•~I"t-~7 l.Il c?-n aI"~O1.lX?t SUif1C;lE'r1T~. tC COiiSLYUCL. Said :~_TCl~~I'OG"e'~1:'I':t5. NC.~s1, T~~~;_??~,r'CR`r:, BE _~Z' RESOT~VDA,1. t?l~ Ci ty ~'c?ul~ri 1 ~f tr!° -, • _ C1.ty O~ ~rlul•= V1~'"~u thcit Sald C-!ty hE:reb'y' ct<'C.'~'E.S ~~11.C~. O'_=E'r O~ the 1.1_£'11 by Said pro~?erty O~'Inr`r5, aZ1Ca that S31d 17_£;21 mul% }~E' L"E'CnY'dE;d lf. no Cash aopUSl.t ~.s made by the prope_rt~~ O~`IlE'_Y:~, C'_" J.L c~1 CaSi7 df.~-;csit has beor_ made, said lion may be recc.~rded if s~~ic+. de~~osit is withdr-a~'~n prior to the installat~icn of said impr-ov~taE~i~ts. BE IT FUR`T'HER RES~~I~VED that the Mayor of the City of Chula Vista. bo, arld h` is hereby authorized to sign the Contract for Irnprcveir:ent in Public Rights-of--C~ay, which contains sai~~ lier:. BF: IT FURTHER RF.SJLVED that the Ci.t.y Clerk of t~`le City of Chins. Vista i~o, anE' ile is here~~y authorized and direr+ec? Lo Yecorc~ s~li.d agree~n.~nt and this resolution i.n the office of the Cou7~.ty Rncord~'r, San Die~~o County, State of California. F~zE~sented by Approved as to form by Lane F. Cola, Director. of ~ George D. Li.nElber_g, Cy Attorney v u b 1 i c :^Io ~- ~: ~ . i ADOPTED ADTD APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 25th day or NtyVr , 19 69 ,, by the following v©te, to-wit: AYES: cos;~ncilmen ~ylvaster~ Milton. McAlli~t®r. Scat NAYES: Councilmen s~~ ABSENT: Councilmen N~ (s1 '~hnmas D_ *niI on Mayo ~ of the City of Chula Vista pro t6ltti ATTEST City Cler STATE OF CALIFORNIA ~ COUNTY OF SAN DIEGO ) ss~ CITY OF CHULA VISTA j I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Calitoinia, DO HEREBY CERTIrY that the above and foregoing is a full, true and correr_L copy of ~,eaanl~i inn Ne_ SG4 , and that the same has not been amended or repealed, DATED: NavembQr 25. 1969 ~'-,~, r ~} ., ~ ~ ~ ,. City Clerk ~.~, ~;tis',~~ ~ _ 7;v `I':'•~,~H~ Iv .i _. i li_i:l•--.. ~`~2_ 1._O L1.t_~_ .'S a ZICHT ^I' T''F.~ 1~_DJACE?~T 1'iJ 4~9 JF?2~;Ej G3J2:`.I' F.2vD A;.'C~:PTF~DICF Gz~ NI•< Ci~~Fi=~R OF F~ LIEDI BY F~RO_=E2Ti' G`v^i~;EitS TO SE~:JiZE SF=I.D I i~iP ROVE I.4E'r; T 5 THIS AG~:~ ~;_^^F.NI', made a;d _.r:tcred int:~ this 25th day of _~~y~j,~g _, 15°°69, by and beti:~een TIIy C1TY 01' CHU~~A VIS~~'F., a m:1n2C1pal CUrp~^,?"~:~.t.].Ol'1, rlerelnaft'ef GalleC?. "~~1ty" ar:d J~H1V F. Af~1~ EE'RDiivE E. 2/tcCRO':Y, horei.nafter called "Property Owners"; W I T iQ E S :, E T H ti~,'HF.P.EAS, Property Ouner_s, John F. and E'erdir_e E. McCrory, desire to obtain access rights to the potion of James Court adjacent to the property owned by said Prcpe~~ty Owners at 429 James Court in the City of Chula Vista, and ~^7H~REAS, in order to obtain said access rights, Property Gwners must exe:.ute a portion of their property lying adjacent to Ja.;lles Court to be dedicated for_ street purpr~ses, and WHEREAS, t're City of Chula Vista is wi:Lli.ng to grant said access rights and accept a deed for said property for street purposes, dedicating and na.rning said property and accepting, dedicating and naming a one foot control lot as set forth herein, and WHEREAS, Property Owners desire to install the improvements adjacent to said property at such time as the full street improvements are to be installed on the adjacent properties, ai7d :^~HEP,EAS, said Property Owners have heretofore executed a lien agreement as approved by Resolution No. 3774 by the City Council of Chula Vista on July 6, 1965, securing the installation of public improvements on that property adjacent to the subject proper.t.y located at 429 James Court. F' NCW, THEREFORE, it is agreed by and between the parties her. eto as follo~: s 1.That Property Owners agree to execute a grant deed to the City of CI-iula Vista of a portion of that property located at 429 James Court measuring 19' x 66' to be incorporated as a portion of the dedicated right of way of James Court. 2. That the City agrees to accept said grant deed for street purposes and name and dedicate said parcel for street purposes as James Court, an.~ in addition thereto, accept, dedicate and name 6G feet of the one foot Lot A of Cindy Park No. 2 as shown on P4ab No. 4450 recorded January 22, 1960, so as to provide necessary access to that property located at 429 James Court in the City of Chula Vista. 3. Property Owners further agree to install certain public improvements in the future as set forth in this agreement which improvements consist of 66 lineal feet of Type "G" curb and 4.5 feet of D:onolithic Sidewalk and .16.5 fEet in width of 2 inch asphaltic paving o.n 4 inch aggregate base material. The estimated cost of the construction of said public i.mrrovements is as follows: ~.~~~~ F.C. paving an o. base - l,Co9 sq. ft. at 0.40; so. ft. _ $45.60 Type "G" cur_a - 66 J..ineal feet at $2.15jL.F. _ $141.90 4 inch P.C.C. sidewal?: - 297 sa,uare feet. ut U.50/sq. ft. = $146.50 Excavation - hump Sum = S20G.00 .Sub Total - $924.00 Contingencies - $12'o.C0 Total Pu-nount for Lien - $J_,15U.00 4. That the Property Openers, in lieu of making the improve- . rnents specified herein, prior to the final inspection of completion or the giving of any completion. certificate, agree, covenant and promise that they will install, construct; or cause to be installed or constructed t're improvements hereinabove set forth, wi_tha.n thirty (30) days of written notice to construct from the Director of Public Works. Said improvements shall be made without cost or expense to the City, except as may be consented to by the City. 5. That for the faithful performance cf the promises and covenants herein contained, the Froperty Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event ttie Property Owners, their successors, heirs, assigns or transferrees, fail to install or_ construct. said improvements in the manner ar_d within the time specified herein, they agree that the City may do any or all of the follo~,a__ng: a.. InstaJ.l or construct said improvements by contract or otherwise, ar.d grants permission of the City or its con- tractor and h_s emp)_oyees to enter. upon any portion or portions cf the 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 said Property Owners, their successors, heirs, assigns or assignees, immediately upon completion of said improvements, and in the event the same is not paid within thirty (30) days from said completion, the City may foreclose said lien, as pro- vided by iaw for the foreclosure of mortgages, and the Property Owners agree that the amount of said lien includes attorneys' fees, which shall be taxed as a cost in any suit for such foreclosure. b. Direct the City Engineer to estin!ate the cost of the work required to complete said improvement, a.nd 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 the Property Owners, their heirs and assigns, shall pay reasonable attorneys' fees to be taxed as a cost in said proceedings. ~'~~a E . I'h<,~ ~ ~ is aq:ceed ti~.a` a.nythir!q contained herein to the cOntYa.l:'s. , ROtTn•i t1:StanC1_l.t.g the prOIT11Sc^S and COVehant5 made her_i.n, shall not be bin:lina upon the holders, morc- QageeS, f%eneflClarleS Or f1rSt ri1O2"tgc]geS or _ first trust deeds, fOr Val..ue ~^ii11C11 hasJeen, Cr n,ay 1r] t~!e futur :~~., P.Y.ECtited by the P:CONerty t7~'nerS, their" 17e1rS, SuCCeSSOrS, represer.tat_ves cr aS51Cri7:;, and the lier, hereby Created sha.l_1 be and is here::~v subordinated to and declared to be inferior ar_d subsecuent in lien to the lien of ary such first mortgage or first trust deed- The lien hereby created :hall like vise ho of no force or effect against. any owner whose title to the property hereinafter de- scribed is acquired by or as a result of a foreclosure or trustee's sale of any first mortgage or first trr•.st deed. 7. That at any time during the period herein provided, the Property Osar.ers, their heirs assigns or t:cansferrees, may ma}:.e a cash deposit .with the City i n the amount esti- mated by the City Engineer to coyer the total cost of the improventer_t.s. If said cash depo`si t is made prior 'ce the recording of this contract, then said contract shat.'. not be recorded, as long as said cash is on deposit with the City. If said cash deposit is withdrawn from ti:e City, said contract shall be recorded. If this contract has been recorded 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. 8. The description of the property referred to and upon which said lien is imposed, is described as folie~,~s: The Southerly 19 feet of the Easterly 66 feet of the Westerly> 348 feet of Lot 20 of Quarter Section 147 of Chula Vista, in the City of Chula Vista, County of San Diego, State of California accordir.q to Map. No. 5C5, filed in the office of the County Recorder of San Diego County., march 13,1888, described as follows: The Southerly 140 feet of the Easterly 66 feet of the Westerly 348 of Lot 20 of Quarter Section_ 147 of Chula Vista, in the City of Chula Vista, County of San Diego, State of California according to Map No. 505, filed in the office cf the County P.ecorder of San Diego County, March 13, 1888f excepting the Southerly 19 feet thereof. 9. Cost of installation of said improvements and amount of lien. $1,150.00 IN WITIQESS WHEREOF', the parties hereto have caused this anreement to be executed the day and the year first hereinabove set forth. THE '~Y OF CHULA VISTA _ PROPERTY OWNERS - JOHN F. AND BEr:DINE ~ E. McCRORY ~~ _ -tea U`_ Mayor y •, ATTEST ~- ~~ ~.~-~: ~~_~<%', /[~~ - - , C iC te'rk ~y _' Approved as to form