HomeMy WebLinkAboutReso 1946-754 1 , r
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RESOLUTION NO 754 --
RESOLUTION APPROVING AND ACCEPTING DEED OF TRUST
EXECUTED BY WALTER L. STEELE AND ROBERTA M. STEELE,
HUSBAND AND WIFE
The City Council of the City of Chula Vista does hereby
RESOLVE as follows:
That certain deed of trust dated July 8, 1946 executed
by Walter. L. Steele and Roberta M. Steele, husband and wife, to
Union Title Insurance and Trust Company, trustee to secure
the performance in full of a contract between the City of
Chula Vista, California, a municipal corporation, dated July
8, 1946 for certain public improvements and any amounts payable
under the terms thereof, be and the same is hereby accepted and
approved.
ADOPTED, SIGNED AND APPROVED this 8th day of July, 1946.
a it •'
Mayor of th- City of Chula Vista,
California.
ATTEST:
City Clerk of the City of
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 8th day of July, 1946, and that it was so adopted by
the following votes:
AYES: Councilmen Ki rider,Riesland,Koester,Keithley,Dyson
NOES: Councilmen None
ABSENT: Councilmen None .
ity Clerk of t - " ity of
Chula Vista, California
Lot 2 in Quarter Section 149, according to map thereof
. - EASTERLY portion of Lo
No. 505. distance
at a point in the Westerly line'of Fifth Avenue, a,
Commencing said Westerly line of Fifth
of 410,75 feet measured Southerly along direction
Avenue from parallel allelr liNorth line of saidThence
Lot 2; a�nce Southerly,Easterly
150 feel poralltl to N
petalled to Westerly line of Fifth Avenue 220.40 feet; Thence
ailed with North line of said Lot, 150 feet; Thence Prtbe Northerly along
Westerly
line of Fifth.Avenue 220.44
•
DEED OF TRUST
1 THIS DEED OF TRUST, made 'this day of , 1946 between
2 WALTER L. STEELE and ROBERTA M. STEELE, husband and wife, hereinafter called the
3 TRUSTOR, UNION TITLE INSURANCE AND TRUST COMPANY,. a corporation of San Diego,
4 California, hereinafter called the TRUSTEE, and CITY OF CHULA VISTA, CALIFORNIA,
5 a municipal corporation, hereinafter called the BENEFICIARY:
6 WITNESSETH:
7 That Trustor hereby grants to Trustee, in trust, with power of sale, all •
8 that property in the City of Chula Vista, County of San Diego, State of Calif-
9 ornia, described as:
10 East 150 feet of the South 250 feet of the East one half
,!G y of Lot 2, Quarter Section 149, according to Map No. 505,
11 filed in the office of the County Recorder on March 13, 1888.
\c'
12 For the purpose of securing:
13 First the performance in full by the Trustor of that certain contract
14 between the Trustor and the Beneficiary herein dated 1946
15 whereby the Trustor agrees to.perform at their own expense and at bo expense to
16 the Beneficiary certain public improvements according to plans and specifications
17 heretofore, approved the the Beneficiary in certain portions of Quarter Section
18 149 in the City of Chula Vista, County of San Diego, State of California, and in
19 accordance with the laws pertinent to subdivision development, and which con-
20 tract is on file with the City Clerk of the City of Chula Vista, California, and
21 which contract is included herein by such reference,
22 . Second Payment of all sums, with interest, becoming due or payable under
23 the provisions hereof, or any part thereof;
24 Third Performance of all other obligations hereinafter mentioned.
25 A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES;
26 (1) TO keep said property in good condition and repair; to pay when due
27 all claims for labor performed and materials furnished therefor; to comply with
28 all laws. affecting said property or requiring any alterations or improvements to
29 be made thereon; not to commit or permit waste thereof; not to commit, suffer or
30 permit any act upon said property in violation of law; to cultivate, irrigate,
31 fertilize, fumigate, prune and do all other acts which from the character or use
32
33 Page 1
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1 of said property may be reasonably necessary, the specific enumerations herein
2 not excluding the general.
3 (2) To appear in and defend any action or proceeding purporting to affect
4 the security hereof or the rights or powers of Beneficiary or Trustee; and to
5 pay all costs and expenses, including cost of evidence of title and attorneyss
6 fees. in a reasonable sum, in any such action or proceeding in which Beneficiary
7 or Trustee may appear.
8 (3) To pay: At least ten days before delinquency, all taxes and assess-
9 •ments affecting said property; when due, all incumbrances, charges and liens,
10 with interest, on said property or any part thereof, which appear to be prior or
11 superior hereto; all costs, fees and expenses of this Trust.
12 Should Trustor fail to make any payment or to do any act as herein provided,
13 then Beneficiary or Trustee, but without obligation so to do and without notice to or
14 demand upon Trustor and without releasing Trustor from any obligation hereof,
15 may make or do the same in such manner and to such extent as either may deem
16 necessary to protect the security hereof, Beneficiary or Trustee being author-
17 ized to enter upon said property for such purposes; appear in and defend any
18 action or proceeding purporting to affect the security hereof or the rights or
19 powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incwn-
20 brance, charge or lien which in the judgment of either appears to be prior or •
21 superior hereto; and, in exercising any such powers, pay necessary expenses;
22 employ counsel and pay his reasonable fees.
23 (4) To pay immediately and without demand all sums so expended by Bene-
24 ficiary or Trustee, with interest from date of expenditure at seven per cent per
25 annum.
26 (5) It is agreed and understood between the parties hereto that should the
27 the property hereinbefore described ever become subject to any lien for the pur»
28 pose of securing the payment of any taxes levied upon personal property of any
29 kind or character, then the Beneficiary shall have, and is hereby given the
30 right, at his option, to declare the said contract breached..
31 B. IT IS MUTUALLY AGREED THAT:
32 (1) Any award of damages in connection with any condemnation for public
33
Page 2
1 use of or injury to said property or any part thereof is hereby assigned and
2 shall be paid to Beneficiary who may apply or release such moneys received by
3 him in the same manner and with the same effect as above provided for disposition
4 of proceeds of fire or other insurance.
5 (2) At any time or from time to time, without liability therefor and
6 without notice, upon written request of Beneficiary and presentation of this
7 Deed and without affecting the personal liability of any person secured hereby,
8 Trustee may reconvey any part of said property; consent to the making of any
9 map or plat thereof; join in granting any easement thereon; or join in any
10 extension agreement or any agreement subordinating the lien or charge hereof.
11 (3) Upon written request of Beneficiary stating that all covenants and
12 conditions of said contract secured hereby have been performed, and upon sur-
13 render of this Deed to Trustee for cancellation and retention and upon payment
14 of its fees, Trustee shall reconvey, without warranty, the property then held
15 hereunder. The recitals in such reconveyance of any matters or facts shall be
16 conclusive proof of the truthfulness thereof. The grantee in such reconveyance
17 may be described as "the person or persons legally entitled thereto".
18 (4) Upon default by Trustor in performance of any part of said contract
19 secured hereby or in performance of any agreement hereunder, Beneficiary may
20 declare default by Trustor of said , 1946 contract by
21 delivery to Trustee of written declaration of default and demand for sale and of
22 written notice of default and of election to cause to be sold said property,
23 which notice Trustee shall cause to be duly filed for record. Beneficiary also
24 shall deposit with Trustee this Deed, said contract and all documents pertaining
25 thereto.
26 At least three months having elapsed after recordation! of such notice of
27 default, Trustee shell sell said property, having given notice of sale thereof
28 as required by law, at the time and place of sale fixed by it in said notice of
29 sale, as a whole, or in separate parcels if directed to writing to do so by
30 Beneficiary, at public auction to the highest bidder for cash in lawful money of
31 the United states, payable at time of sale. Trustee may, from time to time,
32 postpone the sale of all, or any portion of said property by the publication,
33
Page 3
1 prior to the date of sale so advertised, of one notice of postponement in the
2 same newspaper or newspapers in which the original notice of sale was published,
3 or by one public announcement thereof at the time and place of sale so advertised
4 or postponed.
5 Trustee shall deliver to such purchaser its deed conveying the property so
6 sold, but without any covenant or warranty, express or implied. The recitals in
7 such deed of any matters or facts shall be conclusive proof of the truthfulness
8 thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter
9 defined, may purchase at such sale.
10 After deducting Trustee*s fee for making said sale and all costs, and other
11 expenses of Trustee and of this Trust, including cost of evidence of title in
12 connection with sale, Trustee shall apply the proceeds of sale to payment of:
13 All sums expended under the terms hereof, not then repaid, with accrued interest
14 at seven per cent per annum; all other sums then secured hereby; all damages:
15 suffered by the Beneficiary as a result of default of said 1946,
16 contract; and the remainder, if any, to the person or persons legstly entitled
17 thereto.
18 (5) It is agreed by and between the Trustor and Beneficiary that, notwith-
19 standing anything contained in the provisions of Section 2934a of the Civil Code
20 of the State of California, no substitution of the Trustee hereunder shall be
21 made without the written consent of Trustee.
22 (6) This Deed applies to, inures to the benefit of, and binds all parties
23 hereto, and the Trustorts heirs, legatees, devisees, administrators, executors,
24 successors and assigns. In this Deed, whenever the context so requires, the
25 masculine gender includes the feminine and/or neuter, and the singular number
26 includes the plural.
27 C,m TRUSTEE ACCEPTS THIS TRUST when this Deed, duly executed and acknowledged,
28 is made a public record as provided by law, provided, however, that unless this
29 deed of trust shall have been accepted by Trustee prior to its recordation,
30 Trustee reserves the right to refuse to certify to the contract secured hereby.
31 Trustee is not obligated to notify any party hereto of pending sale under any
32 other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary
33
Page 4.
I or Trustee shall be a party unless brought by Trustee.
2 D. THE UNDERSIGNED TRUSTOR REQUESTS that a copy of any notice of default and of
3 any notice of sale hereunder be mailed to him at his mailing address following his .:".;•.
4 signature hereto. Failure to insert such address shall be deemed a waiver of
5 any request hereunder for a copy of such notice.
6 WITNESS the signature of said Trustor on the date first hereinbefore written..
7
L/i/ _/
8 WAL R. L. ST 3N
9 . . � � -'62
(Address)
10
11 (1(41 1 . S -e
12 (ROBERTA M. STEELE)
13 O 10 ST-
14 Address
15
The foregoing trust is hereby accepted.
16
UNION TITLE INSURANCE AND TRUST COMPANY
17
18 BY
Assistant Secretary.
19
20
21 STATE OF CALIFORNIA )
ss
22 County of San Diego )
23 On this day of , 1946, before me, ALICE B. RODWELL, a
Notary Public in and for said County and State, personally appeared WALTER L.
24 STEELE and ROBERTA M. STEELE, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed
25 the same..
26 WITNESS my hand and official seal the day and the year in this certificate
first above written.
27
28
Notary Public in and for said County and
29 State.
30 My Commission expires April 11, 1950.
31
32
33
Page 5.
1RM LT 1011 e..e
•, • .. x ,_
ORDER FOR FULL RECONVEYANCE
REGISTER NO.:___ _
A reconveyance will be issued only upon presentation to the Union Title Insurance and •
Trust Company of this order,properly signed and acknowledged,and accompanied by the
- reconveyance fee of$2.50 and the original notes secured by the Trust Deed herein mentioned.
UNION TITLE INSURANCE AND TRUST COMPANY, TRUSTEE:
- contract to
You are hereby notified that the undersigned_____—__i$____the legal owner_____of gtllc�t Ce rt 11>��___pw txe3X
perform work and install improvements
7 NekEsecured.by that certain Deed of Trust dated______ __July! 1947__,made by________—_______
___WALTER L. SEE_ ,E and ROBERTA M. STEELS_____—_____—_____—__—
t
as First Party,and recorded _— —__— 19 ,in Book___ _ ,at Page______et seq.
of Official Records of_ San Diego _County, California; that the indebtedness secured by said Deed
of Trust has been fully paid and satisfied.
Said promissory note is herewith presented to you for cancelation. You are hereby directed to execute a reconveyance of said
Deed of Trust and deliver same to bearer hereof.
Dated this__ Fourteenth ____day of_______ QCt_ober _19_42
In Presence of ____ 6Z�— _ _________(Seal)
�� Ma rort,of the City of _____'____(Seal)
�.��i/ _ _-- Chula Vista, Calif °�`\`k\.
` S
State of -', �' � ;5
County of ss. ,..."..t....` ' `° , ..�,�
I e. ... .._
■ On this—_—________—______—___—_day of..._-_________?C __19_hefore nee,
'� ` _,a.Nota 'Publicanc joiiala_
County and State, personally appeared______—_______________....... _________ L"° .=")w
_ `Lrnn.... •t.....,∎ Y.a.L_
s STATE OF CALIFORNIA, 88
COUNTY OF SAN DIEGO,}
tt
O 1, '1. n. :teb._ .--day et.o er , 19.47.., before me,
„1`✓� a Notary Public in and for the said
County of San Diego, State of California, residing therein, duly commissioned •
�_�N 3' $~n `,--, , and sworn, personally appeared LORENZ Ca.._., OEST,anr*
a •`' `.known to me to be the.M.aY.O.r....XIMIKADMIX
-� - �XX1 � of the Corporation that executed the within
` `' Lk,instrument, known to me to be the persons who executed the within Instrument
;x. tit- - �n behalf of the Corporation therein named, and acknowledged to me that such
-_,4
_ S `- :' . `corporation executed the same. .-
"'`.> '' ' `�In Witness Whereof, I have hereunto set-in• •: d and affixed myo. -ial se. , at
'� 3'^l.�- �`..`• ',\ my office in the County of San Diego, t �,y � year i. this certifi �. fi - ab
gFS:ttt�C1 /747 —St
My Commiavion expires Notary Public in and for the County of can Diego,State of California
Plaza Press.623 Third Avenue,Ban Diego
7
ACKNO WEED GxI F.NT—Corporat,o —PRINTED IN SAN 011300
. 11!
. A-- "
Pacific Employers Insurance Company
Home Office: 1033 South Hope Street,Los Angeles 15,California
RIDER
9
To .be attached to and form part of Contract Bond
Standard Form Cont-7, No. B-8864 issued by PACIFIC EMPLOYERS
INSURANCE COMPANY in the amount of TWO THOUSAND AND NO/100
($2,000.00) DOLLARS in favor of CHULA VISTA DEVELOPMENT CO.
(hereinafter called the Principal) , and dated AUGUST 7th, 1946.
IT IS UNDERSTOOD AND AGREED THAT the following Binding
Clause becomes a part of the annexed bond.
"NOW THEREFORE, the condition of this obligation
pis such that if the said Chula Vista Development
Co. shall well and' faithfully perform.the said
contract, "then this obligation shall be void,
otherwise,to be and remain in full force and effect."
Except as herein specifically modified, the conditions,
provisions and limitations of said bond shall continue unchanged.
SIGNED, SEALED AND DATED this 25th day of OCTOBER, 1946.
PACIFI r'LOYERS INSURANCE COMPANY
A torney-in-Face
fc-X04‘1:,
F
•
u400 ,
{
STATE OF CALIFORNIA
COUNTY OF
SAN DIEGO f ss.
On this 25TH day of 0-CT-OBEs R before me
RICHARD--M.---- } ,a Notary Public, in and for the County and
State aforesaid, duly commissioned and sworn, personally appeared
a ROBERT F. DRIVER
known to me to be the person whose name is subscribed to the foregoing instrument as the
Attorney-in-Fact of the PACIFIC EMPLOYERS INSURANCE COMPANY, and acknowledged to me
that he subscribed the name of PACIFIC EMPLOYERS INSURANCE COMPANY thereto as Principal
and Is own name orney-in-Fact.
`�T 3 c II ���C ■
'''.1,N Notary Public in and for the State of California, County of SAN...DIE.GO._.
'MIS 6 5M 8-41 _ v _ my commission expires May 26, 1947. "7J r
Chula Vista Development Co.
—Subdividers and-Builders -
269k Third"lye. Telephone 5031W
Chula Vista
California
October 14., 1966
City of Chula Vista
Chula Vista, Calif.
Attention: Mr. Henry W. Algert, City Engineer
Gentlemen:
This letter will constitute our request to eliminate the concrete
swales as shown on the improvement plans for the Roberta Park Subdivision,
E. L. Freeland, Engineer.
We feel the concrete swales, as shown, are excessive and unneces-
sary. The streets of this subdivision will carry no heavy traffic as it is
residential property exclusively. It has not been the practice in the past
for Chula Vista or other cities of San Diego County to require this type of
improvement except on heavily traveled thoroughfares.
Inasmuch as we are now doing paving work, we would appreciate an
early action on this request.
Yours very truly,
CH[lIA VISTA DEVELOPMENT COMPANY
A. L. LYND' v=tary, Gen. Mgr.
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