HomeMy WebLinkAboutReso 1961-2566 Resolution no. 2566
John J. and Lola Keely •
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RESOLUTION NO66
A RESOLUTION ACCEPTING LIEN ON PROPERTY
fios-ve OWNED BY ,I021. . and LOLA MAE KEELEY
. --7/Vel FOR INSTALLATION OF CERTAIN STREET fm-
PROVEMENTS.
WHEREAS,. 011 19A1_, 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
end
WHEREAS, said property owner has agreed to furnish
to the City a lien on his property in an amount sufficient
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to construct said improvements;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED AS
.FOLLOWS:
l. That the City of Chula Vieqa 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posit is withdrawn prior to the installation of said improve-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,
5. 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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LOCIPTED AND APPROVED by the CITY COUNCIL ()I. the CITY OF CHMA
VISTA CLALTFLIENTA, th 2Jt day of
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P CAMPBELL City Clerk of the City of Chula Vista ,
Ct, Dc.", HERBY CERTYFY that tht= shove and foregoing Is a full ,
CCITL R‘solutiou No and tit the
ken ameceded or repealed
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Ci ry Clerk
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IN F'J3LIC 2ICHTS JF "AY
• THIS ACQE_G'1ENT, entered into by and between the City of
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Chula Vista, a municipal corrorafi •,n of the State of California ,
sometimes hereinafter referred to es the "City", and ' John J .
and Lola Mae Keeley , sometimes hereinafter referred
• to as the "Frocert'y Owneri' ,
"1-1E^F nS , the F rore r ty :.wnet has appi ied to the P l ann in g
Commission of the City of Chula Vista for an exemption to the
" provisions of Ordinance ','o 543, as amended, which ordinance
Provides, peneratly, for the installation of certain street
improvements uron any dedicated street or streets adjacent to
the lot or rarcei upon which a certain s tructure or building is
to be installed or erected or moved uron, and
"•'HEREAS, said ordinance nrovides that if the Planning
Commission, in their discretion, feels that in the event that
said installation of certain public improvements would cause
• a defective condition to the rrorerty, or if would be extremely
impractical to install or construct the same , then the Planning
Commission, in their discretion, upon finding; that the crounds
for said exceptions 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
'tHEPEAS , the Planning Commission, on January 16
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 543 for said exemption,
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\U" T' :, s=FC.QE , it Is agreed by and between the parties
hereto as follows :
I , That _ the Property =owner , in lieu of making the im—
provemenfs specified herein, prior to the final inspection of
completion or the civinp of any completion certificate, agrees ,
covenants and ,promises that he will install , construct or cause
to he installed or constructed the improvements hereinafter set
forth, within Thirty (30) days
of written notice to construct from the Planninr Commission.
Said improvements shall be made without cost or expense
to the City, except as may be consented to by the City.
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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 uron the property herein described,
• and in the event—the property owner, his successors , heirs, ass ions
or transferrees, fails to install or construct said improvements
in the manner and within the time specified herein, he agrees that
• 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
• -senek,cossary 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 same is not paid within thirty
(30) days from said completion, the City may foreclose
said lien, as provided by law for the 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.
00 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 cost 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 binfUng upon the holders, mortgagees,
benefieiaries of fiest mortgages or fisest trust deeds, for
value which has been, or may in the future be executed by the
Property Owner, his heirs, successors, reeresentatives or
assigns, and the Iien hereby created shall be and is hereby
subordinated to and declared to be infeTior and subsequent, in
lien to the lien of auy such first mortgeae or first trust
deed, The lien hereby created shall likeaise be of no force
or effect against any owner whose title to the property herein-
after described is acquired by or as a result cf 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 recorded,
as long as said cash is on deposit with the City. If sald
cash deposit is witha:eawn from tie 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.
ea-
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5. The description of the property referred to and
upon which said lien is imposed, is described as follows:
The Westerly 70 feet of the Northerly 100 feet of said Lot 12
of Cuarter Section 148 of Rancho de la Nacion, per Map thereof
No. 505, filed in the office of the County Recorder, County
of San Diego, State of California.
5. Said Improvements required are as follows
500 square feet of Portland Cement Sidewalk on Fifth Avenue
7. Cost of installation of said improvements
and amount of lien. 200.00
proper y O ner
WE CONSENT TO and join in all the promises herein
contained and agree to said lien imposed
Traasfer�°ee 567171751"
of port c5 .
of said property
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS
On this 17 day of February 9 lug_, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared _ iTxhr_,T TSeeisy axac s..-zoaa_xae.-Keeie3x_
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• known to me to be the peIrsons whose names are su.)scribed,
• to the within instrument and acknowledge?: 117,hat-1 executee,
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the ,sameQ
WITNESS ry and and official seal.
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Rotary Public i aaa for
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W -n- )--
- Ely Commission Expires T ugust 19, 1:,161
WITNESS cur hands and seals th.is uth day of February
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CITY OF CHULA VISTA, a
multaipal corporation of the
of California
ATTEST: •
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B,„, „ear, Aldir _
•. 4""k',"-yor " ."'" •
STATE OF CALIFORNIA )
COUW2Y OF BA DIEGO )
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On thir; 17th day of gghtlazy,,_ 1961 before me, the
• undersigned E Notary Public in and for said County and State,
Personally appeared. Robert .mcAniger known to me
.• • • to be the Mayor, and Kenneth k.n:aton to
me to be the City Clerk of the City of Chula tista, the
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municipal corporation that exseuted the within instr.iment,
• and known to me to be the persons who executed the wLthi
instrument on behalf of said municipal corporation, and
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acknowledged to me that such municipal corporation executed
the within instrument.
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WITNESS my hand and official seal.
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hotary Public in. irra rirOr
said County and S ata
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tbliDCA t Math'
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ihy commission expires September 22,1.9tA
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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. 42805, Official Records of the Recorder
of San Diego County, and, further, the City Of Chula Vista repre-
sents that said obligors, John J. and Lola Keeley have hereby
substituted a $200.00 cash deposit in place and instead of the
said lien.
Dated: This /s day of February, 1962.
kenne ampbe1t, city Clerk
—a-Ron Grant, finance Officer
STATE OF CALIFORNIA )
) as
COUNTY OF SAN DIEGO )
On this 1. day of February, 1962, before me, a notary
public in and for the said County and State, personally appeared
Kenneth P. Campbell and Gordon 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.
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M e i fi3633.ke 6r , Notary z
in and for said County and ate
My Commission Expires May 18, 1902