HomeMy WebLinkAboutReso 1961-2565RESOLUTION NO. 2565 2 9 Q
FILE/PAGE NO 42804.
RECORDED AT R6QUEBT Ott
a4(241 6.611t(-
MAR 91961
alRIES 2 BOOKT1961 s
OFFICIAL RECORDS
SAN DIEGO COUNTY,CALIFORNIA
ROGER IL IIOWE•COUNTY RECORDER
. � RESOLUTION NO , ,Z-S-(•
C A RESOLUTION ACCEPTING LIEN
ON PROPERTY
OWNED BY CLYDE A & MARY C CRANE
FOR INSTALLATION O ER AIN STREET•f-
PRO V EME1V rt S o
WHEREAS, on February 6 s 19_v the Planning
Commission authorized, in accordance with the provisions
of Ordinance No 543 as amended, a delay in the installa-
tion of certain street improvements on property owned by
- 3 and
WHEREAS, said property owner has agreed to furnish
to the City a lien on his property in an amount sufficient
to construct said Improvements;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED AS
.FOLLOWS
to That the City of Chula Vista hereby accepts
said offer of the lien by said property owner,
2. That said lien may be recorded if no ' cash de-
posit is made by the property owner, or if a each deposit
has been made, said lien may be recorded if said cash de-
posit is withdrawn prior to the installation of said. improve-
ments.
3. The Mayor of the City of Chula Vista is hereby
authorized to sign the Contract for Improvement in Public
Rights of Way, which contains said lien.
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-.DOTTED AND APPROVED by the CrlY COUNCIL Of the CITY OF Ch1JLA
CALrFORICLA tt t. s21st_day of _ Egjzsmuary_.„19.6.L.
1.-y -he following vote
/AI `.> COUNC McMains.s. DeAraaf
C.OUNC 1111' N Non@
C OU NC:i Smith Menzel
1111‘110°‘
r cat the Cit. Chtz;,..t V sta
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Clerk
7 'VE. OF CALIFORNIA )
MEC>) )
CHLA VISTA )
1 , P CI ty Clerk of the City of Chula Vi.sta
nia JO til7R,C,B7 ,,Eturry that he above and foregoing 'Ls ,
corr.i.cr ,a11,17 of Rerolurion No- and that tha
t t leen otrtel:flel or repealed
C y Clerk
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470
\f/OPTED AND• APPROVED, by the CITY COUNC.3 I, of the Gin! O CHULA
CALTFORN5 A, tz s 21.st Jay of February_t_1961
ty thi7e following vote ro-wit
4-oum WIN *mans htdiliasterso_DeQra,af___
l'42\ COUN.C Lit
'Jar• GOIrt4,-,t1J11:14... snub Mgrizei_
Mayor ot the City oL Chula Vista
(s) Ca.n. _
(IF CALF )
kV,4 1.'1F
C1:; )
1 , Ff1 P C C; Ly Clerk of rho City of Caula Vint.%
!..`0 liC.,k?BY 4:Err IF?" that toe Above an-.1 foregoing a fit/ ,
t r • Le -CL ; t ; E itilsolutdou No 2565 ad that the
itOt .)U01'..tra or repe,-..led .
t,,i' February_ 230_1961_
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CONT?ACT FC? LaPR:I'VEV,P,IT
IN PUBLIC 4IC'HTS Of " AY
THIS AC'REEMENT, entered iinto by and between t he City of '
Chula Vista, a muni'cioal corporati •. n of the State of California ,
sometimes hereinafter referred to as the "City", and Clyde A.
and Mary C. Crane , sometimes hereinafter referred
to as the "Property Owner";
`"HEnEAS , the Property :owner has applied to the Harming
Commission of the City of Chula Vista for an exemption to the
provisions of Ordinance \lo. 543, as amended, which ordinance
provides, generally, for the installation of certain street
improvements uron any dedicated street or streets adjacent fo
the lot or rarcel upon which a certain s #rupture or building is
to be installed or erected or moved uron, and
'f-IEEAS, said ordinance provides that if the Planning
Commission, in their discretion, feels that in fhe event that
said installation of certain public improvements would cause
• a defective condition to the prorerty, or it would be extremely
impractical to Install or construct the same , then the Planning
Commission, in their discretion, upon finding that the Grounds
• for said except ions from the requirements in the ordinance are
reasonable and should be granted, the Planning Commission may
grant said exemption to said persons from the provisions of
this ordinance, and said exemption may be limited to a specified
. : • period of time, and
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"1-IFPEAS, the Planning Commission, on February 6 ,
I"' 61 , did grant said application on the conditions set forth
hereinafter and did find that the grounds for the application
for the exemption from the provisions of Ordinance No. 543 were
reasonable and were in conformance to the requirements of
Ordinance No. 513 for said exemption.
NO" 1HEnEFC'E , it is agreed by and between the parties
hereto as follows :
1 . That the Property Owner , in lieu of mak ing the im-
provements specified herein, prior to the final inspection of
completion or the oivino of any completion certificate, agrees ,
covenants and promises that he will install , construct or cause
to be installed or constructed the improvements hereinafter set
• forth, within 3Q days
of written notice ro construct from the Planning Commission.
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Said improvements shall be made without cost or expense
to the Cites except as may be consented to by the City.
2. That for the faithful performance of the promises and
covenants herein contained, the Property Owner hereby grants to
the City of Chula Vista a lien upon the property herein described,
and in the event the prererly owner , his successors, heirs, assigns
or transferrees , fails to install or construct said improvements
in the manner and within the time specified herein, he agrees that
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the City may do any or all of the following:
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a. Install or construct said improvements by
contract or otherwise, and grants permission of the
City or its contractor and his employees to enter upon
any portion or portions of 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 pay-
able by said Property Owner, his successors, heirs, assigns
or assignees, immediately upon completion of said improve-
ments, and in the event the some is not paid within thirty
(30) days from said completion, the City may foreclose
said lien, as provided by law for tne foreclosure of mort-
gages, and the property owner agrees that the amount of
said lien includes attorneys t fees, which shall be taxed
as a cost in any suit for such foreclosure.
b. Direct the City Engineer to estimate the
• cost of the work required to complete said improvement,
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 the Property
Owner, his heirs and assigns, shall pay reasonable
attorneys' fees to be taxed as a coat in said proceedings.
3. That it is agreed that anything contained herein
to the contrary, notwithstanding the promises and covenants
made herein, shall not be binding upon the holders, mortgagees,
• beneficiaries of fieAt mortgages or first trust deeds, for
value which has been or may in the future be, exeouted by the
Property Owner, his heirs, successors, representatives or
• assigns, and the lien hereby created shall be and is hereby
subordinated to and declared to be inferior and subsequent in
lien to the lien of any such first mortge6s or first trust
deed. The lien hereby created shall likedise be of no force
or effect against any owner whose title to the property herein after described is acquired by or as a result of a foreclosure
or trustee's sale of any first mortgare or first trust deed.
4. That at any time during the period herein pro-
vided, the Property Owner, his heirs, assigns or transferrees,
may make a cash deposit with the City in the amount estimated
by the City Engineer to cover the total cost of the improve-
ments. If said cash deposit is made prior to the recording
of this contract, then said contract shall not be reoorded,
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 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.
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473
• 50 The description of the property referred to and.
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. upon which said lien is imposed, is described as follows:
The Southerly 160.00 feet of the Southeast Quarter of the
Southeast Quarter of the Northwest Quarter of Quarter
• Section 96 of Rancho de la Nacion, in the County of
San Diego, State of California, according to Map thereof •
No 166, f i led in t he office of the County 'Recorder ,
County of San Diego, State of California.
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EXCEPTING THEREFROM, the Westerly 225.00 feet and the
• Easterly 20.00 feet and the Southerly 40.00 feet .
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: • : 6;. Said Improvements required are as follows:
Cons truct the fol lowing improvements in East "J" Street:
84 Lineal feet of Portland Cement Concrete curb and gutter •
420 Square feet of Portland Cement Concrete sidewalk
1554 Square feet of paving, consisting of 2-1/2 inches of Asphalt Concre
and foin best °Sr eggrseLlliabatrb• of said i_*ta.provers.er:ts
and amount of lien. ti2.4
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• .Yt
• Fro e ty Owner
WE CONSENT TO and join in all the promises herein
contained and agree to said lien imposed,,
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Traxrsrer:ree of portion
of sz id ;property
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO j
On this 9th Lay of February_ s bei'S}T e me, the
undersigned., a Notary Public in and for said County and State,
• personally appeared C1de A. Crane and ---
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k wn to me to be the persons whose names are subscribed
• :',,.o: the within instrument and-acknowledgeT That .....t,lzie _ executed
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TuNpsp..y hand. and official seal.
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(, ... . .^, ... , , ;Notary Publiein and for -----
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said County and State
Commission Expires June 26, 1961.
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% ::.. . . . WITNESS cur hands and. seals this _9th day of _Febrile...1z, 1
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. ' ,' CITY OF CHULA VISTA, a
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•:::•: .-::.;::.: . : .•,:-.: • Cit„ CIezk
STATE or CALIFORNIA ) ,o
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T:::::: :-...::. . • COUNTY O] SAN DIEGO ) =-1
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.',..:::: . ... -....:< . .. On this _Jaux.._ day of 19 before me, the
•-• ••••..% • . . .. ..• undersigned, a Notary Public In and for said County and State,
. ' personally appeared awlmtmailisler_ s ,, known L me
to be the Mayor, and &auleth_p, campbejaJ known t
:•:.:.•••:.:::•• :..::. , . -% me to be the City Clerk of the City of Chula Vista, the .
.. „......,... - • . . . municipal corporation that executed the within instrument,
:•"/::'....:,::::.:.:'' .', ': •:.: , and known to me to be the persons who executed the within
instrument on behalf of said municipal corporation, and
acknowledged to me that such municipal corporation executed .
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..::,.:...::.-::::-::. .....:.:.. ..-; . .. the within instrument.
WITNESS my hand and official seal. • . \'' -.1\-izt. 4,4. ,
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- .. Notary Public in.;a4d" fOr -JOic
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said County and StK..a.A.45: , --* :4".
GORDON K. GRAISIT, ,7„."...;ZT:.::•";::$*
• . My commission expires September albeijiivtl
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627
RELEASE OF IMPROVEMENT LIEN
Comes now the City of Chula Vista and releases
that certain lien claimed by it in the document entitled
Contract for Improvement in Public Rights of Way, recorded
March 9, 1961, under Recorder's file No 42804, Official
• Records of the Recorder of San Diego County.
Dated: This 22nd day of June, 1962.
CITY OF CHU VIST
By - %•cL
Kenn- '. Campbell, Cit 'Clerk
By �- 7�
Gordon Grant, Finance Officer
STATE OF CALIFORNIA ) ss
COUNTY OF SAN DIEGO )
On this 22ndday of June, 1962, before me, a
notary public in and for the said County and State,
personally appea ed Kenneth P. Campbell and Gordon K.
Grant, known to me to be the City Clerk and the Finance
Officer, respectively, of the City of Chula Vista, and
the persons who executed the within instrument on behalf
of the municipal corporation therein named, and
acknowledged to me that such municipal corporation
executed the same.
) ane - ° es, Notary •ubhc� ^��
for said County and State '
a DUANE M. HUGHES „rs =
1.09771 My commission expires tan.24,1966
j2 RECORD AY Q Of, <,
JUN2 51€' I
AT MINUTES PAST-.._. ....
SE IES 3 BOOK 1 62
OFFICIAL RECORDS
S.GRAAY,CCOUNTtt RECORDER