HomeMy WebLinkAboutCC RESO 12,513RESOLUTION NO. 12,513
RESOLUTION ACCEPTING DEFERRAL OF PUBLIC
IMPROVEMENTS AND LIEN AGREEMENT AND DIRECTING
THE RECORDING THEREOF
(Virginia H. Rodriquez - 2312 East 13th Street)
BE IT RESOLVED by the City Council of the City
of National City that a "Deferral of Public Improvements
and Lien Agreement" between the City of National City
and Virginia H. Rodriquez, affecting property at 2312 East
13th Street is hereby accepted and the City Clerk is
directed to record the same.
PASSED AND ADOPTED this 1st day of November,
1977.
ATTEST:
When recorded, please mail
this instrument to:
OkIGINAL
City Clerk
City of National City
1243 National Avenue
National City, CA 92050
Assessor's Parcel No.
557-380-52
DEFERRAL OF PUBLIC IMPROVEMENTS AND LIEN AGREEMENT
THIS AGREEMENT, made and entered into this ,3 day of
1977, by and between the CITY OF NATIONAL CITY, a municipal corporation, here-
inafter referred to as "City", and VIRGINIA H. RODRIQUEZ, hereinafter referred
to as "Property Owner";
WITNESSETH:
WHEREAS, Virginia H. Rodriquez has heretofore submitted a request for DEFER-
RAL OF STREET IMPROVEMENTS at 2312 East 13th Street, in the City of National City
and
WHEREAS, said request for deferral has been submitted by the Property Owner,
pursuant to Ordinance Number 1491, and
WHEREAS, said request states that "it would be impracticable to install the
improvements because of temporary inadequacy of the physical conditions of the
property", and
WHEREAS, said Property Owner requests that "the granting of a lien upon the
applicant's property in an amount to cover the estimated costs of the improvements
plus ten percent of such cost, would be in her best interest", and
WHEREAS, said Property Owner has requested and received a building permit
to construct improvements on the said property at 2312 East 13th Street, in said
City.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
1. Property owner agrees that prior to the final acceptance by said City
of the proposed construction at 2312 East 13th Street, City of National City,
said property also known as County Tax Parcel 557-380-52, that she will either
cause those improvements set forth herein in the estimated amount of FIVE -HUNDRED
SIXTY-TWO DOLLARS AND SEVENTY CENTS ($562.70) to be accomplished or will provide
adequate security therefor.
2. Property Owner in lieu of making the improvements as specified herein
and in Section 4, promises that she will construct said improvements at such
time as she is required to do so by the Director of Public Works, three years
minimum.
3. For the faithful performances of the promises and covenants herein con-
tained, Property Owner hereby grants to the City of National City a lien upon
the propertytierein described and in the event that Property Owner, their succes-
sors, heirs, assigns or transferees, fail to install or construct said improve-
ments 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 the City or
its contractors and contr:•ctor'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 Owner, her
successors, heirs, assigns, or assignees, imAediately upon
completion of said improvements, and in the event the same
is not paid within thirty (30) days from said completion,
the City may foreclose said lien, as provided by law for the
foreclosure of mortgages, and Property Owner agrees that the
amount of said lien includes attorney's fees which shall be
taxed as a cost in any suit or foreclosure.
NAT'L. CITY EtvoR. Ot:1'1. ..
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(b) Direct the Director of Public Works to estimate the cost
of the work required to complete said improvements, and fore-
close said lien in said amount.
(c) Foreclose said lien as a mortgage
(d) Pursue any other remedy, legal or equitable by law, for
the foreclosure of a lien, and Property Owner, her heirs and
assigns, shall pay reasonable attorney's fees to be taxed as
a cost in said proceedings.
4. The work to be performed and the cost of said improvements and the
amount of this lien is the sum of $562.70, and said work is to be done in ac-
cordance with the plans and specifications approved by the office of the
Director of Public Works and shall consist of an unspecified amount of or
combinations of the following work:
1. 6" Type "G" Curb - 120 L.F. (14th St.) @ $4.00 L.F.
20 L.F. (13th St.) @ $4.00 L.F.
2. P.C.C. Sidewalk and/or Driveway.- 120 L.F. (14th St.) @ .75 S.F.
20 L.F. (13th St.) @ .75 S.F.
3. A.C. Pave, Base & Seal 2400 S.F. (14th St.) @ .60 S.F.
330 S.F. (13th St.) @ .60 S.F.
5. The priority of the work to be done, in the amount of the estimate of
$562.70, as selected by the Director of Public Works, is as the items are listed
in Section 4, to equal a total dollar amount of the actual cost of the work,
plus any cost that may be incurred as stated in Section 3 hereof.
6. It is further understood and agreed that Owner and/or her heirs, assigne-
es or successors in interestshall 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 WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
THE CITY 0P NATIONAL CITY
Mayor -of the City of National City
AT ST_
/ City Clerk
Approved as to form by:
PROPERTY OWNER
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Virginia H. Rodriquez v 6'
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R. 557 Jiro 3=— st . DATGZO_ .p.*
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STATE OF CALIFORNIA
COUNTY OF SAND DIEGO
I
) ss.
On <,r- -i 1`Y , 1977, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared, Virginia H. Rodriquez
known to me to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same.
WITNESS my hand and official seal.
4,Z)
tt
Signature
1" t� ItyP
Name -Typed or Printed)
OFFICIAL SEAL
BEATRICE BUCKELEW
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires August 30. 1979
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