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HomeMy WebLinkAboutReso 1946-755 • C ,. . \ J RESOLUTION NO. 755 RESOLUTION APPROVING AGREEMENT TO PERFORM WORK AND INSTALL IMPROVEMENTS IN BEASLEY'S SUBDIVISION The City Council of the City of Chula Vista does hereby RESOLVE as follows: That certain agreement to perform work and install improvements in Beasley's Subdivision, 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 8th day of July, 1946. *7 Mayor of e City of Chula ista, California. ATTEST: City Clerk of the ity of Chula Vista, California STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) as. ' 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 Koester, Keithley, Dyson, Kidder, Riesland NOES: Councilmen None ABSENT: Councilmen . NOS City Clerk of he Ci • of Chula Vista, California CONTRACT • • 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 A. P. BEASLEY, hereinafter called SUBDIVIDER, property owner of the CITY OF CHULA VISTA, California as follows: W I T N E S S E T H • WHFREAS, the SUBDIVIDER is the owner of the following described real property to wit: East Half of Lot Nine (9) in Quarter Section One Hundred Forty-nine of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to map thereof made by Geo. Morrill, No. 166, filed in the office of the County Recorder of San Diegd County, May 11, 1869. EXCEPTING THERE_ FROM the East three hundred thirty feet; the North thirty feet and the South forty feet thereof. WHEREAS, the SUBDIVIDER purposes to create a subdivision of said described property and to effect the . same as heretofore filed with the proper authorities of the said CITY OF CHULA VISTA the necessary maps and other data in conformity with the laws of the State of California applicable thereto; and • ,WhE . EAS, the said proper authorities of said City 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 SUBDIVIDER such assurances for the completion of' the public improvements in said Subdivision as is provided{,therefore in said plans and attendant specifications as have heretofore been approved as aforesaid; and • • *ERAS, the said City,. requires that the said SUBDIVIDER shall furnish to the City such assurance for h _ • Co��- o of • the completion for said improvements as may be required; • • • and WHEREAS, the said SUBDIVIDER is 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 SUBDIVIDER as follows: 1. Said SUBDIVID"ER agress to undertake and complete within a period of one year from the date hereof all the necessary work and installation Of improvements in the heretofore described Subdivision (to be known • and designated as BEASLEY'S SUBDIVISION) in full con- - formity with the laws of the State of California, and regulations thereof and the directions of the proper officials of the CITY OF CHULA VISTA, C;-:lifornia, as may • be applicable thereto; SUBDIVIDER agrees 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 SUBDIVIDER shall deliver to the CITY OF CHULA VISTA, California, upon demand by said City a Deed of Trust in which said indenture the said SUBDIVIDER shall be the Trustor, the Union Title Insurance and Trust Company of San Diego, California, the Trustee and the City the beneficiary, conveying to said Trustee the following described real property of the SUBDIVIDER situate in the City of Chula Vista, County of San Diego, State of Ca.ifornia, as follows: -2- A portion of the East Half of Lot Nine (9) in Quarter Section One Hundred Forty-nine. of- • Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to map thereof made by Geo. Morrill, No. 166, filed in the office of the County Recorder of San Diego County, May 11, 1869, more particularly described as follows: Commencing at the Southeast corner of said Lot Nine; thence Northerly along the Easterly line of said Lot Nine North 18° 371 59" West 330.81 feet to the Northeast corner of said Lot Nine; thence Westerly0along the Northerly line of said Lot Nine South 71 171 20" West 659.82 feet to the Northwest corner of the East half of said Lot Nine; thence Southerly along the Westerly line of the East half • of Lot Nine South 18 401 44" East 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing Southerly along the said We Bterly line of-,said East half of Lot Nine South 18 401 44" East 130.00 feet; thence Easterly para;lel to the Northerly line of said Lot • Nine North 71 171 20t1 East 109.69 feet; thence Northerly parallel to the Easterly line of said Lot Nine North 18° 371 59" West 130.00 feet; thence Westerly parallel to the Northerly line of said Lot Nine South 71° 171 20" West 109.79 feet to the TRUE POINT OF BEGINNING. • 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 Union Title Insurance and Trust Company in such form as may be approved by the said • • City Attorney of said City. The SUBDIVIDER hereby warrants 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 OF °HULA VISTA shall return to the SUBDIVIDER 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 -3- CHULA VIbTA shall be put to no expense herein; all costs • shall be borne by the said SUBDIVIDER. • Dated at Chula Vista, California, this / day of 69,(4.16 ._ , 1946. A. P. ASS CITY OF `HULA VISTA (Seal) • B y iZe:,t/l "OP APPROVED BY: O.eFIC p l • • • • -4- •