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Home My WebLink AboutReso 1974-7412 f"J1oaCo. H\;yr,l,q', ',I n> 1'"-'" ~W' I ~~, ~;; ., \.4t 1-11,1 74-233150 rlLE/PAG: NO. SOOK 19.14 A J . () ~ t 1 ~I o'!E COROED REQUEST 'F ~~CITY CLERK . . liorm No. 3t12 AUG Z1 12 021'11 7'1 Rev. 3/74 1 '. /, ( ,~J{) ~/ J,-nnic M. Fu\:ls7., City Ckrk , p Q. Box, W87 . .' 92012 ("h 1. Vista, Califonua. _ U ill, . OFfl.CIAl. RECOIlS RESOLUTION NO. 1412' SAN~~E:E~';roe:LlF. RECORDER NK> FEE RESOLUTION OF TIlE CI'l'Y COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RAYMOND L. AND NADINE S. YODER FOR DEFERRAL OF PUBLIC ALLEY IMPROVEMENTS ADJACENT TO 226 THIRD iI-VENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the City of Chula Vista does hereby resolve as follows: NOH, 'l'fIEREFORE, BE I.r RESOLVED that that certa~n agreer:lent bebveen THE CITY OF CHULA VISTA, a mun~cl.pal corporat~on, and RAYMOND L. AND NADINE S. YODER, for deferral of public alley improve- rnents adjacent to 226 Third Avenue, dated the 29th day of July , 19.:LL..' .a copy of which is attached hereto and l.ncorporated herein, the same as though fully set forth hereln be, and the same is hereby approved. . BE IT FURTHER.~SOLVED that th~ City Clerk of the City of Chula V1sta be, and she 1S hereby authorlzed and directed to record said lien in the office of the San Diego County Recorder. BE IT FUI<THER RESOLVED that the Mayor of the City of Chula Vista be, and he l5 hereby authorized and d1rected to execute said agreement for and on behalf of the City ofChu1a Vls~a. Presented by Approved as to form by /8/ Lane F. Cole ~ ~~~~sF. Cole, Director of Public ",..~-iJ ~~. d . C' ey ADOPTED AND APPROVED by the CITY <;OtJNCIL of the CIT:i OF .L LA VISTA, CALIFORN LA, th~s 13th day of August. ' 19.2.4..-i by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton NAYES: Councllmen None ABSENT: CouncLlmen Egdahl Isl Thomas D. Hami1ton._~-r.. Mayor of the Clty of Chula Vlsta ATTEST Isl Jennie M. Fu1asz Cl.~Y Clerk STATE OF CP.LIFOl<.NIA) COUNTY OF SAN DIEGO) 55. CITY OF CUULA VISTA) . I '., ~NNIE M. FULASZ , City Clerk of the C.i tv .", .....". <l '''_.. --- --~,----'.~._'---'------ - of ChuJ,.~'V l.st;.1i'.'~2\ll. ::0rn La, DO I:EEEBY CLRTl.FY t,hCl t the above ~s a :tu.1], trueunf} correct\;c,ony (1f Resolut1.c.n No. 7412 . , and that tll"~ same 11,1,; . . , " -.1 _.________ n6t been .a.rripnd(~d cn" repealed. D^,rED_._,hqgu_.~3..Lll1.L-__,_ ~' /,~~I~?M. F~~~. City, ~lerk By ~/ .~ ~__.:: C Rl' c?-v-z. ~( ~..L.-- / eputy CJ. ty eM.' k l J - ./' . ," / .'<Ii . ....... 1472 AGREE~illNT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY RAYMOND L. AND NADINE S. YODER, LOCATED AT 226 THIRD AVENUE IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVE- MENTS THIS AGREEMENT, made and entered into this 29th day of July , 1974, by and between THE CITY OF CHULA VISTA, a municlpal corporation, hereinafter referred to as "City", and RAYMOND L. AND NADINE S. YODER, 226 Third Avenue, Chula Vista, California, hereinafter referred to as "Property Owners"; WIT N E SSE T H . WHEREAS, as a condition of approval of Tentative Map 7-74, the Property Owners are required to improve the alley adjacent to the subject parcelS, being Parcels 1 and 2, to be created by said tentative parcel map, and WHEREAS, it is desired by Property Owners to defer the installation of said improvements until such time as the entire alley is to be improved. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree to install the half width of the alley behind Parcell, known as 226 Third Avenue, in the City of Chula vista with 6" thick PCC pavement of alley at the esti- mated cost of $1500. 2. For the faithful performance of the promises and covenents herein contained, Property Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owners, their successors, heirs, assigns or transferees, fail to to install or construct said im- provements in the manner and within the time specified herein, they agree that City may do any or all of the following: (a) Install or construct said improvements by contract or otherwise, and permission is hereby granted to City or its contractor and contractor's employees to enter upon any portion or portions of said property reasonably necessary 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 payable by Property Owners, their succdssors, heirs, assigns or assignees, immediately upon completion of said improvements, and in the event the same is not paid within thirty (30) days from said completion, the city many foreclose said lien, as provided by law for the foreclosure of mortgages, and Property Owners agree that the amount of said lien includes attorney's fees which shall be taxed as a cost in any suit or foreclosure. (b) Direct the Director of Public Works to estimate the cost of the work required to complete said improve- ments, and foreclose said lien in said amount. (c) Foreclose said lien as a mortgage. - 1 - '/f7C//:7- 14t,3 (d) Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owners, their heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. 3. At any time during the period herein provided, Property Owner, their heirs, assigns or transferees, may make a cash deposit with the City in the amount estimated by the Director of Public Works to cover the total cost of the improvements. If said cash deposit is made prior to the recording of this agreement, then said agree- ment shall not be recorded as long as said cash is on deposit with the City. If said cash deposit is withdrawn from the City, said agreement shall be recorded. If this agreement has been recorded and then said cash deposit is made, the City may release said lien of record and hold this agreement or any new agreement unrecorded as long as said cash deposit is left with the City. 4. The work to be performed and the cost of said improve- ments and the amount of this lien is the sum of $1,500.00, and said work shall be done in accordance with the plans and specifications on file in the Office of the Director of Public Works, and shall consist of the following: 611 thick PCC pavement of alley $1,500.00 5. It is further understood and agreed that Owners and/or their heirs, assignees or successors in interest shall at such time as a 1911 or 1913 Act petition is circulated sign said petition and that said parties do hereby waive all rights to protest in the event such a 1911 or 1913 Act proceeding is instituted. IN WITNESS ~mEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~~. < 'g~:~~,~~ ~y~tef;('J L ;; LY"h?7u ./ Approved as to form by Property Owners ~o_.rJ frO~ Raymond . Yoder . Jfri~~od?r ~~L TO ..7 CA (..73) (Individual) ,. TITLE INSURANCe =- AND TRUST STATE OF CALIFORNIA COUNTY OF San Dieqo } 55. A TICOR COMPANY t On Ju1 V 29. 1974 before me, the undersigned, a Notary Public in and for said I State, personally appeared Ravmond L. and Nadine S. Yoder III II: III X III .J ~ to be the person _ ~ whose name S VI to the within instrument and acknowledged that ! executed the same. , known to me subscribed they c::::.-d':- ~~/'--./" d CTl CIAL SEAL if BETTY J. RUSK . NOTARY PUBlIC-Cl\L1FORNIA SAN D1U'O COUNTy MyCom:r)is~:\::n ~J;,;rt.:e,. ., ; ~l' ':. WITNESS my han~nd official seal. !).7 77':;, ,/i Signature ,/too )--<.,.{...{. r...).., . ~""';',;' ,'.;-V':'-'%.::'.=.7~>'-'/--"/;".r--'--i Betty J. Rusk Name (Typed or Printed) (This area for ofllcial notarial seal) - 2 - '1?7 tf-/.?-- Form No. 342 Rev.c 3/74 RESOLUTION NO. 7412 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RAYMOND L. AND NADINE S. YODER FOR DEFERRAL OF PUBLIC ALLEY IMPROVEMENTS ADJACENT TO 226 THIRD AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CITY OF CHULA VISTA, a mun~cipal corporation, and RAYMOND L. AND NADINE S. YODER, for deferral of public alley improve- ments adjacent to 226 Third Avenue, dated the 29th day of July , 19--24-' a copy of which lS attached hereto and incorporated herein, the same as though fully set forth here~n be, and the same is hereby approved. . BE IT FURTHER RESOLVED that the City Clerk of the City of Chula V1sta be, and she is hereby authorized and directed to record said lien in the office of the San Diego County Recorder. BE IT FURTHER RESOLVED that the Mayor of the C~ty of Chula Vista be, and he 1.S hereby authorized and d~rected to execute said agreement for and on behalf of the City of Chula Vls~a, Presented by Approved as to form by ~~ ~~~ Georg D. Lindberg, City Att ney CITY COUNCIL of the CITY OF CHULA August , 19~, by Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by the VISTA, CALIFORN lA, this 13th day of the followlng vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton NAYES: Councllmen None ABSENT: CouncLlmen Egdahl ATTEST ~JJ..~9~- ~ . ~ Hayor of the C~ ty of Chula V lsta _~~~k~ ~/ . ty Clerk. ">-. STATE O~CALIFORNIA) t1 COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA) , City Clerk of the Clty that the above 1.S a fulL, , and that the same has I, of Chula Vl5~a, Call.fornia, DO HEREBY CERTIFY true and correct copy of Resolut1.on No. not been amended or repealed. DATED City Clerk