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HomeMy WebLinkAboutReso 1946-773 ti4 • RESOLUTION NO. 773 RESOLUTION APPROVING AGREEMENT TO PERFORM WORK AND INSTALL IMPROVIIMEi'TS IN UECKER' S SUBDIVISION NO. 2 • The City Council of the City of Chula Vista, DOES HEREBY RESOLVE as follows: That certain agreement to perform work and install improvements in Uecker' s Subdivision No. 2, a copy of which is attached to this resolution marked Exhibit "A" and made a part hereof, the same as if fully set out herein, be and the same is hereby approved and accepted. Lorenz C. Koester, Mayor of the City of Chula Vista, be and he is hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. ADOPTED, SIGNED AND APPROVED this 12th day of November, 1946. �--� * C?7 Mayor of th City of Chula Vista, California. ATTEj/ , ../.�/�� i it Ci 'y Clerk o e Ci y Chula Vista, California. STATE OF CALIFORNIA - ) - COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting .of said Council held on the 12th day of November, 1946, and that it was so adopted by the following votes: AYES: Councilmen "Riesi end,Koester,Nashold,Dy son,Kidder. NOES: Councilmen _None, , ABSENT: Councilmen Ron z• ...4.6010E-- • Ci y Cler of e i ' of hu a Vista, California • w z; STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and aforegoing is a full, true and correct copy of Resolution No. 773 , and that the same has not been amended or repealed. DATED: November 12, 1946. City Clerk of the City of Chula Vista, California • • • A G R E E M E N T • IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, a municipal corporation, a city of the sixth class and a political subdivision of the State of California, and ARTHUR D. UECKER and FERN W. UECHER, hereinafter called "subdividers", residents and property owners of the City of Chula Vista, California, as follows: WITNESSETH: WHEREAS, the subdividers are the owners of the following described real property, to-wit: The Westerly Half of the Easterly Half of Ten-Acre Lot, 9 in Quarter Section 150 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to the Map thereof No. 166, made by George S. Morrill on file in the office of the Recorder of said San Diego County, EXCEPTING therefrom the Westerly 210 feet of the Southerly 210 feet thereof. ALSO all of the Westerly Half of the Easterly Half of Ten-Acre Lot 10 in said Quarter Section 150. WHEREAS, the subdividers propose to create a , • subdivision of said described property and to effect the same have heretofore filed with the proper authorities of said CITY OF CHULA VISTA the necessary maps and other data in conformity with the laws of the State of California ap- plicable thereto; and WHEREAS, the said proper authorities of said City of Chula Vista have found the proposed subdivision plan to be to the best interests of said City; and • WHEREAS, the CITY OF CHULA VISTA is entitled to require of said subdividers such assurances for the comple- tion of the public improvements in said subdivision as is provided therefor in said plans and attendant specifications as have heretofore been approved as aforesaid; and 773 Page One (' i0 C 1(-{ WHEREAS, the said City requires that the said subdividers shall furnish to the City such assurances for the completion of said improvements as may be required; and WHEREAS, the said subdividers are desirous of furnishing such assurances; NOW, THEREFORE, BE AND IT IS HEREBY AGREED by and between the CITY OF CHULA VISTA, of California, and the said subdividers as folli ws; 1. Said subdividers agree to undertake and complete within a period of one year from the date hereof all the necessary work and installation of improvements in the hereinbefore described subdivision (to be known and - designated as Uecker's Subdivision No. 2) in full conformity''' with the laws of the State of California, aid regulations thereof, and the directions of the proper officials of the CITY OF CHULA VISTA, California, as may be T plicable thereto; subdividers agree to indemnify, protect and hold harmless the said CITY OF CHULA VISTA from any and all claims of liability or property damage which may be made against said City by reason of said work and installation or improvements as herein provided. 2. -As a guarantee and as security for the full and faithful performance to comply with all the requirements for the completion of said subdivision, as aforesaid, the said subdividers shall deliver to the CITY OF CHULA VISTA, Calif- ornia, upon demand by said City, : a Deed of Trust in which said indenture the said subdividers shall be the trustors, the Southern Title & Trust Company of San Diego, California, the trustee and the City the beneficiary, conveying to said trustee the following described real property of the subdi- viders situate in the City of Chula Vista, County of San Diego, State of California, as follows: Page Two 9 q;j Lots Fifteen (15) and Sixteen (16) of Uecker's Subdivision #2 in the City of Chula Vista, County of San Diego, State of California, as per Map thereof on file in the office of the Recorder of said San Diego County. Said Deed of Trust shall be in such form as may be approved by the City Attorney of said city; the title of said property given as security, as aforesaid, shall be insured or guaranteed by the said Southern Title and Trust Company in such form as may be Fp proved by the said City Attorney of said City. The subdividers hereby warrant that said property so given as security is free and clear of all liens and encumbrances, save and except for current City of Chula Vistaand County of San Diego taxes for the coming . fiscal year which become alien at twelve o'clock noon on December 1, 1946. Upon completion of the subdivision Im- I as aforesaid, the CITY OF CiuLA VISTA shall re- turn to the subdividers the said Deed of Trust, making such conveyances as may be necessary. The CITY OF CHULA VISTA may record said Deed of Trust if it elects to do so. The • CITY OF CHULA VISTA shall be put to no expense herein; all costs shall be borne by the said subdividers. DATED at Chula Vista, California, this 12th day of November, 1946. • ttee..104) Subdividers CITY OF CHULA VISTA- By Ord°2 (SEAL) 'fic'a1 APPROVED BY: r.� AGREEMENT IT IS HEREBY AGREED by and between the CITY OF . • CHULA VISTA, a municipal corporation, a city of the sixth class and a political subdivision of the State of California ; and ARTHUR D.. HECXR and-lam P. CEOXER1 hereinafter called n.subdivi .er$e, residents arid property owners- of the City of Chula Vista, California, as followst W T ESSETH WHEREAS, the subdividera are the Owners of the. follOwing desortbcd real property, to wit: • Westerly 140 feet of the easterly. 290 feet of Lots S and 10 in,the 1/4 Section 150, . Chula Vista, Rancho de 'la anion, Map SOS; . except from Lot 9 the westerly 10 feet of the easterly, 180 feet of the , uthear 363.. feet.all try the County of San iego, asst orate. WHEREAS, the subdividers propose to create a: sub- .: division of said described property and to effect the same • have heretofore filed with the proper authorities of the said CTTY OF CA VISTA the necessary maps ,end other data in conformity with the laws of the State of California appli- cable thereto; and . .. ' WR ,, the said proper -authorities of said city have found the proposed subdivision plan to, be to the best • interests of said 0if and wEEREAS, the CITY OF CHULA VISTA is entitled to require of said subdividers such assurance* for the com. . • . pletion of the public 'improvements in said subdivision as is provided therefor in said plans and attendant speaifiea-.: tions as have heretofore been approved as aforesaid; and Page One • • • • • WRZRBAS7 the said City requires that the said _ subdividers shalt, fnr fish to the .City such asauranaes. for • the completion of said improvements as may be required, and WHEREAS, the said subdividers are desirous of furnishing such assurances; NOW, THSREFORS, HE AND IT IS MISSY ACRES') by and between the CCITT OF CRLA VISTA, of Cal ifornia, and the .said subdividers as follows: 1. Said subdividers agree to undertake and complete within a period of one vear from the date• hereof all the necessary work and installation of improvements in the hereinbefore described subdivision (to be known and : . designated. as Ueokercs Subdivision) in full conformity with the laws of the State of California, and regulations thereof, and the direotions of the proper officials of the cm F CAA VISTA California, as may. be applicable thereto; svtla-. dividers agree to indemnify; protect and•hand harmless the said CITY ©P CHULA VISTA from any and all claims ok iiabi Lity" or property damage which may be made against said City by reason of said work and installation or improvement$ as herein provi .ed 2. AS a guarantee and as security for the full and faithful performance to comply with all the requirements for the completion of said subdivision, as aforesaid, the said subdividers shall deliver to the CITY OF CHULA VISTA California, upon demand by said City, a Deed of Trnet to which said indenture the said subdividers shall be the • • Page Two • • • trustors, the Southern Title & Trust Company of San • Diego, California, the trustee and the City the beneficiary conveying to said trustee the following described real property of the subdividers situate in the City of Chula Vista, County of San Diego, State of California, as follows: The Westerly Half of the Easterly Half of Ten.-Ere Lot 9 in qaarter Section 160 of Rancho de la Nactou, in the City of Chula Vista, County of San Diego; State of Cali-, • • fornia, according to the Map thereof No. 166, made by George ,S. Morrill on file in the office of the Recorder of said San Diego County, EXCEPTING therefrom the • Westerly 210 feet of the Southerly 210 feet thereof. ALSO all of the Westerly Half of the Easterly Ralf of T.ex-ire Lot 10 in said quarter Section ISO,: Said Deed of Trust shall. be in such form as may be approved by the City Attorney of said city, the title of • • said property given ac security, as aofesaid, ' ehall be.. ' • • insured or guaranteed by the .said. Southern Title and Trust Company in such form as may be approved by the said City Attorney of ,said City. The subdividers hereby warrant that said property so given as security is free and clear of all liens and encumbrances, save and except for current City of,Chula Vista and County of San'Diego taxes for the coming fiscal. year which became a lien at twelve o'clock noon on March 4, 1946. Upon completion of the subdivision improvements as aforesaid, the CITY or CHULA VISTA shall return to the subdividers the said Deed of Trust, making ., such conveyances as may be necessary. The CITY OF CHUL. .`. , VISTA may record said Deed of Trust if it elects to do,so. , THE CITY OF CHUL+A VISTA shall be put to no expense herein; . • Page Three • • all costs shall be borne by the said subdividers. • DATED at Chula Vista, California, this 6th • • day of May , x.946. CITY OF CH ILA VISTA • • • • Official • (SEAL) • • " APPROVED DT; • . • • • • • • • • • Page Four