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HomeMy WebLinkAboutCC RESO 7690RESOLUTION NO. 7690 RESOLUTION APPROVING CONTRACT Be it resolved by the City Council of the City of National City as follows: That certain Agreement between City of National City and Donald E. Norman and Ruth C. Norman; Russell P. Haas and Elimabeth M. Haas dated the 1st day of March, 1960, a copy of which is hereto attached and made a part hereof by reference, is hereby approved ana accepted, and the Mayor is authorized and directed to execute the same for and on behalf of City of_ ational City. PASSED AND ADOPTED this day of Z, , 19,64 ATTEST: 1LLr vtlf , l% MAYOR CITY CLERK AGREEMENT FCA }SIC OUv E STALLATION LF 1il : VEMENTS NT RUNNIPG WITH L;API7 THIS AGREEMENT made and ex' %9U ice:-'< by and between CITY OF Ns T IO ed on the day o' CITY, a municipal corporation, hereina ter referred to ass CITY, and DONALD E. NORMAN and RUTH C. NORMAN, RUS6ELL P, HAAS and ELIZABETH M. HAAS, hereinafter referred to as O'WNERa, WITNESSETH: WHEREAS, OWNERS hold title in fee simple to all that certain rea pr perty situated in the City of National City, County of San Diego, state of California, more particularly described as follows: That portion of the North Half of the Northeast Quarter of EC Acre Lot 2, Quarter Section 132 of Rancho de la Nacion, according to Map by Morrill No.. 166 on file in the Office of the San Diego County Recorder's Office, described as follows: Beginning at the Northeast corner of .,aid Lot 2; thence along the North line of said Lot, South 7l° 34' 30" West, 3i9.I7 feet; thence South 1€' 13' 18" East, 255 feet, more or less, to the Northwest corner of the land conveyed to isaac Longmore, et ux, by deed recorded June 12, 1940 in Book 10440 Page 48 of Off cial Records; thence North 7lo 44' West along the North line of the land so conveyed to Longmore and along the North line of the land conveyed to Isaac Longmore, et ux, by deed recorded February 29, I936 in Boo 478, Page 264 of Official Records, 3iC2.13 feet to the East line of said Lot 2; thence North 18* 16' West along said East line, 255 feet to the point of beginning; EXCEPTING THEREFROM the Easterly 30 feet conveyed to the Citl of National City for street purposes. (Southwest corner of 12th Street and Plaza Blvd.), and WHEREAS, ood and valuable consideration, receipt of i hereby acknowledged, OWNERS desire to make this agreement CITY, NOW, THEREFORE, IN 'CONSIDERATION OF THE MUTUAL COVENANTS HEREIN O NtTA 1 NED, IT I S HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1 . OWNERS, for themselves and for their successors In Interest in the above described real property, hereby agree to install curbs, sidewalks and gutters -1- along the portions of said property bordering Plaza Boulevard and 12th Street according to CITY's standard plans and specifications and in a good and workmanlike manner. 2. OWNERS agree that said work shall be completed at the time of first erecting any improvements upon said real property, or in the event of the improvement of Plaza Boulevard or 12th. Street, upon demand of CITY,which- ever should first occur. 3. In the event that OWNERS, or their successors in interest, shall fail to so install sidewalks, curbs and gutters within the time specified, CITY is hereby given the right to do so at OWNERS' cost and expense. 4. In the event that OWNERS do so fail to Instal/ curbs, sidewalks or gutters and CITY does instal! them, OWNERS agree to reimburse CITY for the cost of such installa- tions within fifteen (15) days after the completion of such work. 5. OWNERS further agree to pay to the CITY a sum equal to the costof paving a twenty foot wide strip of pavement pursuant to National City specifications for the length of their said property bordering Plaza Boulevard and 12th Street. Said sum shall become due and payable within five () days after the receipt of bids for the paving of said Plaza Boulevard and said 12th Street. 6. CITY is hereby given a lien against the above described real property as security for the repayment of any costs incurred by CITY in making any improvement agreed to be made or paid for by OWNERS by tlhia agreement. OWNERS further agree to pay a reasonable attorney's fee in the event that CITY brings legal action to collect from -2- OWNERS,or their successors in interest, any sum inβ€” curred by CITY in, making such improvements. 7. This agreement is binding upon the OWNERS1β€ž Heirs, ssigns', Executors, Administrators or Successors in interest, and is hereby specifically made a lien upon and a covenant running, with the ;and above described. 8. As used in, this agreement, the singular number and the masculine and neuter gender shall include the plural number and the feminine and neuter genthr and conversely. IN OITNESS WHERECF, the CITY OF NATIONAL CITY has executed the forego ng agreement by the Mayor of said City( and the OWNERS have set their hands to this agreement the day and year first here- in above witten. ATTEST; City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN D On CITY OF NATIONAL JCITY alt[ BY. Ar β€” Owner Owner Owner Owner f41'359, before me, a notary public in and for said County and State, personally appeared DONALD E. NIORMAN and RUTH C. and RUSSELL P. HAAS and ELIZABETH A. HAAS, flown to me to he the persons whose names are subscribed to the within instrument, and acknowledged that they executed tie same. -4- ry PubHc in and for said County and State.