HomeMy WebLinkAboutReso 1951-1275 •
RESOLUTION- NO. 1275 .
RESOLUTION OF THE CITY COUNCIL APPROVING
AGREEMENT FOR THE CONSTRUCTION OF IMPR) VE-
MENTS IN BAY. VISTA NO. 3 .
THE CITY COUNCIL OF THE CITY OF CHUZA ;VISTA, DOES HEREBY RESOLVE
AS FOLLOWS: • +.
SECTION 1. That certain agreement-between WARREN F. THOMAS
and ESTHER C. THOMAS,_ husband and„wife,, 'and the CITY OF CHULA
"VISTA, a municipal corporation, dated E7c-taber- 29th, 1951, a copy ,
of which is attached hereto., 'arid `incorporated herein, the same
as though fully set forth, herein,' be, and the same is, hereby
-
approved. .
SECTION 2. That the.Mayor of- the City -of Chula Vista, be .
F '
and he is hereby, authorized and directed to execute the same
for and upon behalf of" the said 'City upon the posting of the bonds '
by. WARREN F. THOMAS and, ESTHER C. THOMAS, as provided for in said
agreement. -
-
•
•
ADOPTED AND APPROVE) by the CITY COtUNCIL oithe CITY OF CHULA VISTA,
CALIFORNIA, this lath day of November , 1951 '
by the following vote, to-wit:
AYES: COt3NCIL/MU DeWolfe, 10 stn. Kobel.' Rid sl and
NAYS: COUNCILMEN Nona
ABSENT: COUNCIL2,EN Kidder
- 1 4-1-4•(
Y=400( of the City of Chula Vista,
, ._A I
CO erk
by
Deputy
STATE OF CALIFORNIA)
. COUNTY OF SAN DIEGO) Ss.
CITY OF CHULA. VISTA)
I, KENNETH P. C.NTEWLL, 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 Resolution No. , and that the same has not
been amended or repealed.
DATED: _ , 195
City Clerk
by
Deputy
CONTRACT FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS
Ia IS HEREBY AGREED by and between the CITY OF CHULA VISTA,
a munit.ipal corporation, and WARRENiF. THOMAS and.ESTHER C.
• THOMAS, husband and wife, hereinafter called Second Party, as .
follows: 7�7�f7 p
I i19ESS 1H:
WHEREAS the 'Second Party is the owner of real property in
the City of Chula Vista, County of San Diego, State of California,
described as follows; .
Being a subdivision of that portion of the
West =Half of the Southeast Quarter of Quarter
Section 163, of Rancho de la Nacion, in the City
of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 166
by George Morrill, filed in the Office of the
County Recorder, described as follows:
Beginning at the Southeasterly corner of said
West Half of said Southeast Quarter of said Quarter
Section 163; thence along the South line of said
• Quarter Section South 71 degrees 241 West 507.64
feet to the Southeast corner of the Westerly 153.00
• feet of said Southeast Quarter thence along the
Easterly line of said Westerly 153.00.feet. North
• 18 degrees 35' '40" West 1039,24 feet; thence North
' 71 degrees 251 40" East 95.94 feet; thence North
18 degrees 38/ West 283.84 feet to the Northerly
line of said Southeast Quarter; thence along said
Northerly line North 71 degrees 251 40" East 54.00
feet; thence South 18 degrees 381 East 280.85 feet
to the Southerly line of the Northerly 280.85 feet
of said Southeast Quarter; thence along said Souther-
. ly line of said Northerly 280.85 feet, North 71
degrees 25' 40" East 206.00 feet; thence North 18
degrees 38' West 280.85 feet to said Northerly line
of said Southeast Quarter; thence along said Norther-
• - ly line North 71 degrees 25* 4041 East 151.00 feet
to the Northeasterly corner of said West Half of said
Southeast Quarter; thence along the Easterly line of
•
said West Half of said Southeast Quarter, South 18
degrees 38' East 1322.83 feet to the point of begin
ring.
WHEREAS the Second Party proposes to create a subdivision
of said above-described property, to. be known as BAY VISTA NO.
3, and to effect the same has heretofore filed with the proper
authorities of the said City of Chula Vista the necessary maps
and improvement plans and other data in conformity with the laws
of the State of California and the ordinances of the City of Chula
•
•
•
Vista applicable thereto, and
WHEREAS the said proper authorities of said C.ity have found
the proposed subdivision plan to be acceptable and in accord with
the best interests of said City,, and
WHEREAS the City of Chula Vista is entitled to require from
• the Second Party, and does require from Second Party, as a con-
dition precedent to the acceptance of any and all streets and
easements, assurances for the completion of- the public improve-
vents in Said subdivision as is provided therefor in said plans
•
and attendant specifications as have heretofore been approved as
aforesaid, and
WHEREAS the Second Party is desirous of supplying such
assurances,
NOW, THEREFORE, IT IS HEREBf AGREED BY and between the City
of Ghula Vista and said Second Party as follows:
1. Said Second Party agrees to undertake and complete,
and to pay for all labor and materials iu connection therewith,
within a period of 365 days from the date hereof, all the necessary
work and installation of improvements in the hereinabove described
subdivision in full conformity_ with the Ordinances of the City of
Chula Vista, the laws of the State of California and the directions
of proper officials of the City of Ghula Vista, California as may
be applicable thereto. Said improvements are more particularly
described as follows:
Improvements Estimated Cost
•
Excavation, 10,000 c. y. @ 0.50 $ 5,000.00
5TM- D.G. and road mix oi1,13,929.5 s.y.. @ .75 10,447.13
Curb and gutter, 5,261 1.f. @ 1.60 8,417.60
Walks, 21,162.9 s.f. 0.35 7,407.02
Valley gutter, 289.2 s. f." @ 0.35 101.22
Sewer main, 3,077.8 1. f. 3.00 9,233.40
Manholes, 11 @ 150.00 1,650.00
Drop Mahhole, .1 - 250.00 250-.00
St-orni drain, 36"- Conc. pipe, 553.6 l.f. G 8.00 4,428.$0
Catch basins, 4 @19$..00 400.00
Mahhole, 1 @ 75.00 • 75.00
TOTAL X47,410.00
-2-
•
•
The Second Party further agrees to indemnify, protect and
hold harmless the said City of Chula ilisaa from any and all claims
of liability for personal injury, property damage, labor -or
material claims which may be Made against said City by reason of
said work and installation of improvements .as herein provided. •
•
2. As a guarantee and as security for its full and .faith
-
ful performance in complying with all the requirements for the
•
completion of said subdivision as aforesaid, the Second Party
shall deliver to the said City of Chula- Vista, upon the execution
of this .agreement, a good and sufficient bond executed by an
authorized surety company satisfactory to the said City of Chula
Vista in the sum of 44:7,410.00.
3. As a guarantee and as security for the payment of all .
labor and .material claims for the completion of all said improvements,
•
the second party shall deliver to the said City of Chula Vista �..
a bond in the sum of 23,7O5.0Q, by its terms made to inure to
- the. benefit of laborers and materialmen for labor and material
performed or furnished in the performance of this .agreement,
4. Upon the execution by- Second Party of •this contract and
the posting of the bonds as herein provided, the City agrees to
approve the Final Map- of said subdivision and accept the same- for
recordation,
DATED: October 29th, 1951. •
•
e
•Owners
CITY OF CHULA VISTA, CALIFORNIA
Approved as to form and By �d 4- -
Legality: -
•
City Attorney of the.City of
Chula Vista, California, •
ATTESTED TO:.
City Clerk of the Sty of
• Chula Vista, California.
DEED OF TRUST
THIS DEED OF TRUST made this /17z, day of OlPr ,
194? between WARREN F. THOMAS and ESTHER C. THOMAS, husband
and wife, hereinafter called the "Trustors", UNION TITLE
INSURANCE AND TRUST COMPANY, a corporation of San Diego,
California, hereinafter called the "Trustee", and the City
of Chula Vista, California, a municipal corporation, herein-
after called "Beneficiary",
W I T N E S S E T H
That the Trustors hereby grant to Trustee, in trust,
with power of sale, all of that property in the City of Chula
Vista, County of San Diego, State of California, described
as follows:
Lots 13 to 20 inclusive, and Lots 29 to
36, inclusive, of Bay Vista Subdivision
in the City of Chula Vista, County of
San Diego, State of California
For the purpose of securing:
First: The performance in full by the, Trustors of
that certain contract between the Trustors and the Beneficiary
herein dated the 8th day of July, 194.7 whereby the Trustors
agree to perform, at their own expense and at no expense to the
Beneficiary, certain public improvements according to plans and
specifications heretofore approved by the Beneficiary in certain
portions of the Southwest Quarter of the Northeast Quarter of
Quarter Section 16) of Rancho de la Nacion in the City of Chula
Vista, County of San Diego, State 'of California, and in accordance
with the laws pertinent to subdivision development, and which
contract is on file with the City Clerk of the City of Chula
Vista, California, and which contract is included herein by
-1-
such reference.
Second: Payment of all sums, with interest, becoming
due or payable under the provisions thereof, or any part
thereof.
Third: Performance of all other obligations herein-
after mentioned.
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TEiUSTORS
AGREE:
(1) To keep said property in good condition and repair;
to pay when due all claims for labor performed and materials
furnished therefor; to comply with all laws affecting said pro-
perty or requiring any alterations or improvements to be made
thereon; not to commit or permit waste thereof; not to commit,_ .
suffer or permit any act upon said property in violation of
law; to cultivate, irrigate, fertilize, funi.gate, prune and do
all other acts which from the character or use of said property.
may be reasonably necessary, the specific enumerations herein
not excluding the general. -
(2) To appear in and defend any action or proceeding
purporting to •affect the security hereof or the rights or
powers of Beneficiary or Trustee; and to pay all costs and
expenses, including cost of evidence of title and attorney's
fees in a reasonable sum, in any such action or proceeding in
:.-. which Beneficiary or Trustee may appear. .
(3) To pay: At least ten days before delinquency,
all taxes and assessments affecting said property; when due,
all incumbrances, charges and liens, with interest, on said
property or any part thereof, which appear to be prior or
superior hereto; all costs, fees and expenses of this Trust.
-2-
Should Trustors fail to make any payment or to do any
act as herein provided, then Beneficiary or Trustee, but
without obligation so to do and •without notice to or .demand
upon Trustors and without releasing Trustors from any obliga-
tion hereof, may make or do the same in such manner and to
such extent as either may deem necessary to protect the
security 'hereof, Beneficiary or Trustee being authorized to
enter upon said property for such purposes; appear in and .
defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or
Trustee; pay, purchase, contest or compromise any incumbrance,
charge or lien which in the judgment of either appears to be
prior or superior hereto; and, in exercising any such powers,
pay necessary expenses; employ counsel and pay his reasonable
fees.
(4) To pay immediately and without demand all sums $0
expended by Beneficiary or Trustee, with interest from date
of expenditure at seven per cent per annum.
(5) It is agreed and understood between the parties
hereto that should the property hereinbefore described ever
become subject to any lien for the purpose of securing the
payment of any taxes levied upon personal property of any
kind or character, then the Beneficiary shall have, and is
hereby given the 'right, at his option, to declare the said
contract breached.
B. IT IS MUTUALLY AGREED 'THAT:
(1) Any award of damages in connection with -any.-con-
demnation for public use of or injury to said property or any
-3- -
. 1
part thereof is hereby assigned and shall be paid to
Beneficiary who may apply or release such monies received
by him in the same manner and with the same effect as above
provided for disposition of proceeds of fire or other
insurance.
(2) At any time or from time to time, without
liability therefor and without notice, upon written request
of'Beneficiary and presentation of this Deed and without
affecting the personal liability of any person secured hereby,
Trustee may reconvey any part of said property; consent to the
making of any map or plat thereof; join in granting any ease-
ment thereon; or join in any extension agreement or any agree-
„ , merit subordinating the lien or charge hereof.
(3) Upon written request. of Beneficiary stating that
all covenants and conditions of said contract secured hereby
have been,performed, and upon surrender of this Deed to
Trustee for cancellation and retention and upon payment of its
fees, Trustee shall reconvey, without warranty, the property
then held hereunder. The recitals in such reconveyance of any
matters or facts shall be conclusive proof of the truthfulness
thereof. The grantee in such reconveyance may be described as
the person or persons legally entitled theretou.
(4) Upon default by Trustors in performance of any
part of said contract secured hereby or-in performance of any
agreement hereunder, Beneficiary may declare default by
Trustors of said July eth, 1947, contract by delivery to
Trustee of written declaration of default and demand for
sale and of written notice of default and of election to cause
to be sold said property, which notice Trustee shall cause to
-4-
be duly filed for record. Beneficiary also shall deposit •
with Trustee this Deed, said, contract and all documents
pertaining thereto.
At least the months having elapsed after recorda-
tion of such notice of default, Trustee shall sell said
property, having given notice of sale thereof as required by
law, at the time and place of sale fixed by it in said notice..
of sale, as a Whole, or in separate parcels if directed in
writing to do so by Beneficiary, at public auction to the
highest bidder for cash in lawful money Of the United States,
payable at time of sale„ Trustee may, from time to time,
postpone the sale of all, or any portion of said property by
the publication, prior to the date of sale so advertised, of
one notice of postponement in the same newspaper or newspapers
in which the original notice of sale was published, or by one
public announcement thereof at the time and place of sale so
advertised or postponed.
Trustee shall deliver to such purchaser its deed eon-
veying the property so sold, but without any covenant or
warranty, express or implied. The recitals in, such deed of
any matters or facts shall be conclusive proof of the truthful-
ness thereof. Any person, including Trustors, Trustee, or
Beneficiary as hereinafter defined, may purchase at such sale.
'After deducting Trustees fee for making said sale and.
all costs, and other expenses of Trustee and of this Trust,.
including cost of evidence of title in connection with sale,
Trustee shall apply the proceeds of sale to payment of All
sums expended under the terms hereof, not then repaid, with
accrued interest at seven,per cent per annum, all other sums
-s-
then secured hereby; all damages suffered by the Beneficiary
as a result of default of said July ath, 1947, contract;
and the remainder, if any, to the person or persons legally
entitled thereto.
(5) It is agreed by and between the Trusters and
Beneficiary that, notwithstanding anything contained in the
provisions of Section 2934a of the-Civil Code of the State of
California, no substitution of the Trustee hereunder shall be
made without the written consent of Trustee.
(6) This Deed applies to, inures to the benefit of,
and binds all parties hereto, and the Trusters' heirs,
legatees, devisees, administrators, executors, successors and
assigns. In this Deed, whenever the context so requires, the
masculine gender includes the feminine and/or neuter, and the
singular number includes the plural.
C. TRUSTEE ACCEPTS THIS TRUST when this Deed, duly executed
and acknowledged, is made a public record as provided by
law, provided, however, that unless this Deed of Trust shall
have been accepted by Trustee prior to its recordation,
Trustee reserves the right to refuse to certify to the contract
- secured hereby. Trustee is not obligated to notify any party
hereto of pending sale under any other Deed of Trust or of any
action or proceeding in which Trusters, Beneficiary or
Trustee shall be a party unless brought by Trustee.
D. THE UNDERSIGNED TRUSTORS REQUEST that a copy of any notice.
of default and of any notice of sale hereunder be mailed to
them at their mailing address following their signature
hereto. Failure to insert such address shall be deemed a
waiver of any request hereunder for a copy of such notice.
WITNESS the signatures of said Trustors on the date
first hereinbefere written...,
Warren F. Thomas
Esther C. Thomas
: . TRUSTORS
676 "I" Street, Chula Vista, Calif.,
(Trustorsf Address)
The foregoing trust is hereby accepted.
UNION TITLE INSURANCE AND TRUST COMPANY
•
-Ey
Assistant Secretary
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
On this 20th day of November , 1947, before me,
BEATRICE PECK , a Notary Public in and for said
County and State, personally appeared WARREN F. THOMAS and
ESTHER C. THOMAS, known to me to be the persons whose names
are subscribed to the foregoing instrument, and acknowledged
to me that they executed the same.
. WITNESS my hand and Official seal,tay and year •
in this certificate first above writrten..
Notary Public in and'for sai
County and State.
my Commission expires: June 16, 151
—7—