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HomeMy WebLinkAboutReso 1979-9811 RESOLUTION NO. 9811 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBORDINATION AGREEMENTS FOR TWO LIENS AT 178 AND 180 FIRST AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Calvin Jeter and Jack Jeter, the owners of the property at 178 and 180 First Avenue, respectively, have requested that the City subordinate its lien agreemen~ for improvements on their property, and WHEREAS, subordination of the City's lien will allow the owners to obtain loans for construction on said properties, and WHEREAS, subordination of the liens will not endanger the City's security in that the proposed construction will increase the value of the properties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby agrees to subordinate its liens in the sum of $2,830 for improvements at 178 Pirst Avenue, and $4,170 for improvements at 180 First Avenue in accordance with the attached subordination agreements. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented and Approved as to Form by George ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 16th day of October , 197-L' by the following vote, to-wit: AYES: Councilmen Gil1ow, Cox, McCand1iss, Scott NAYES: Councilmen None ABSENT: Councilmen Hyde / \.Or)' LA-) ~ /-(~~( Mayor 0 the Clty of Vlsta STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk "", Order No. Escrow No. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~.'-"- Recording Requested by: When Recorded Mail to: SUBORDINA TION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LA TER SECURITY INSTRUMENT AGREEMENT between the owner. CALVIN JETER. successor in interest of JOHN G. WINNER, hereinafter called "Owner, " and the City of Chula Vista, a Municipal Corporation, hereinafter called "City. " WHEREAS, on March 13, 1978, by Resolution 9520, the City did acquire a lien on Owner's property in the sum of $2830.00 for installation of certain improvements by Owner; and, WHEREAS, Owner has applied for a construction loan in the sum of $50,000.00 from Chula Vista Federal Savings & Loan A ssociation, said loan to be se~ured by a Note and Deed of Trust on owner's real property; NOW, THEREFORE, City hereby agrees to subordinate their lien in the sum of $2830.00 to said construction loan. The property involved herein is located at 178 First Avenue, Chula Vista, California, more particularly described as: Parcel 3 of Parcel Map 8550 under that certain lien agreement between Owner and City recorded at File/Page No. 79-114855 in Book 1979 on March 20, 1979, in the Office of the County Recorder of San Diego County. The lien of the lender, Chula Vista Federal Savings & Loan A ssocia- tion, and any extension or renewal of the Deed of Trust and the Note secured -1- ~ CfJ \\ shall be a lien and/or charge on the property superior to the lien or charge of the City as noted hereinabove, and the City acknowledges and hereby intentionally waives, relinquishes and subordinates the priority of said lien of the City. Owner further agrees to pay to City the sum secured by the lien of City immediately upon the City advising Owner that they (City) will proceed with the improvements, said sum being $2830.00. This instrument shall inure to the benefit and be binding upon the legal representatives, heirs, devisees, successors, and assigns of the parties. DA TED October lit) , 1979. . ") .-----.... ! 1", 1__ A' , . / /" I~ / / ~'- /___;f/"1--,f---7! --/ ~/;'/~1 '-CA r::ViN JEYYU: Owne'-r CITY OF CHULA VISTA t\ ATIEST:~ t(.u~~L ~i eputy City Clerk J STATE OF CALIFORNIA) ) ss. COUNTY OF SA N DIEGO) On October 10 , 1979, By W c2j1 --('(~~ MAYOR - before me, the undersigned, a Notary Public in and for said County and State, personally appeared CALVIN JETER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WI~,~~,;:,;.l.l;.~.~9""~.n~,, 2ffi~'!'\i\l seal. ,:.... OFF ICIA&. SEAL :: . JAMES P. BRENNAN > NOTARY PUBLIC CALIfQWNIA 'A'NClPAL OFFICE ,~ tAN DIEGO COUNTY " . ........- JuM'&.tllA . I KlIlKlltIIIlIIIIJulI. ...........IfIIIHI~ NOTICE: THIS SUBORDINATIO AG EMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY B OMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LA TER SECURITY INSTRUMENT -2- l\C&\\ ) ) Recording Requested by: ) ) ) Order No. ) Escrow No. ) ) ) When Recorded Mail to: ) ) ) ) ) SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT AGREEMENT between the <?wner, JACK JETER, successor in interest of CALVIN JETER, hereinafter called "Owner, " and the City of Chula Vista, a Municipal Corporation, hereinafter called "City. " WHEREAS, On March 13, 1979, by Resolution 9521, the City did acquire a lien on Owner's property in the sum of $4170.00 for installation of certain improvements by Owner; and, WHEREAS, Owner has applied for a construction loan in the sum of $60,000.00 from Chula Vista Federal Savings & Loan Association, said loan to be secured by a Note and Deed of Trust on Owner's real property; NOW, THEREFORE, City hereby agrees to subordinate their lien in the sum of $ 4,170.00 to said construction loan. The property involved herein is located at 180 First Avenue, Chula Vista, California, more particularly described as: Parcel 2 of Parcel Map 8550 under that certain lien agreement between Owner and City recorded at File/Page No. 79-114856 in Book 1979 on March 20, 1979, in the Office of the County Recorder of San Diego County. The lien of the lender, Chula Vista Federal Savings & Loan Associa- tion, and any extension or renewal of the Deed of Trust and the Note secured shall be a lien and / or charge on the property superior to the lien or charge -1- f\'b\ \ of the City as noted hereinabove, and the City acknowledges and hereby intentionally waives, relinquishes and subordinates the priority of said lien of the City. Owner further agrees to pay to City the sum secured by the lien of City immediately upon the City advising Owner that they (City) will proceed with the improvements, said sum being $4170.00. This instrument shall inure to the benefit and be binding upon the legal representatives, heirs, devisees, successors, and assigns of the parties. DA TED October J D , .1979. /~cz?{ /~&-Q . I ./ , L.JA-<:";K J;wtER~ Owner ( ./ L / // ./ CITY OF CHULA VISTA - /' /' /" I ATTES~aM.( (/,U~~ Deputy City Clerk STA'\PE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) By C~~<(~ MAYOR On October / D , 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JACK JETER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ,r.:~-=~1:~i;1 I. PRINCIPAL'O"ICEIN 5: ~ . SAHDfEGO QOUHTV J ~ My Culnlll....oa Expll'll June a2r 1m ii-_'."-'_IWII"j""'''/I'''/I'''''/lII/II/IIHII/IIH/I~''I/lI'''''''''N'JI/""ff,/''m . NOTICE: THIS SUBORDINATION EMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LA TER SECURITY INSTRUMENT -2- q~\\ ,(/Flf