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HomeMy WebLinkAbout1979-311 7)). 7~ /U~-/ Jv- /r' eL;-~, va~ /t-~, /~ ~~ ~ l'y-oj// ~ Jy-" 7/'-37J 24 '25 IOf - . ,2 11 il- I . I I i , RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CLARENCE W. NIE~ffiYER AND HARRIETT j E. NIm'1EYER RELATING TO THE POSTPONEl'ffiNT OF STREET IMPROVE~ffiNTS I AT 2546 KENDALL DRIVE. I <-/# ~-(~- 77 tF'1 17 ",t'?-pl ( RESOLUTION NO. 7tf- ~I/ 3 4 BE IT RESOLVED BY THE ~ffiYOR AND COl'll10~ COUNCIL OF THE CITY 5 OF SAN BEfu~ARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City & an Agreement with Clarence W. Niemeyer and Harriett E. Niemeyer 9 relating to the postponement of street improvements at 2546 10 Kendall Drive, a copy of which is attached hereto, marked Exhibit 11 III It and incorporated herein by reference as fully as ,though 12 I set II forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Co~~on Council of the City of San 15 , iBernardino at a II I, ';" '-- il on the f.t'. l!:. day of " II vote, to wit: II -lU--fJtdLuJ (J .t A r.A-oA-- , 1979, by the following meeting thereof, held 16 17 18 Councilmen ~fi~Mt~ W-L~ ~~5 ~,~/ ~~ dt:a?J0 ~ kt-P J J r:;;;.Ml t7J~ 'rj./JJ j AYES: 19 20 NAYS: 21 ABSENT: 22 23 City Clerk ~; The foregoing resolution is hereby approved this day , 1979. 26 I Approved as to form: Mayor of the Clty of San Bernardino 27 28 City Attorney . . 20 21 ( AGREENENT 2 (2546 Kendall Drive) 3 THIS AGP~E~ffiNT is made and entered into this day of 4 , 1979, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter referred to as "City", and 6 CLARENCE W. NIENEYER and HARRIETT E. NIE~lliYER, husband and wife, 7 hereinafter referred to as "Developers". 8 In consideration of the agreements, covenants, conditions, 9 promises and legal detriments herein contained, the parties hereto to agree as follows: 11 1. Recitals. 12 (a) Developers have applied for a building permit 13 for certain construction on the premises owned by Developers, 14 known as 2546 Kendall Drive, in the City of San Bernardino, 15 Igenerally referred to in this agreement as "the premises", and I more particularly described as follows: 16 17 All that real property situated in the City of San Bernardino, County of San Bernardino, State of California, described as: 18 19 Lot 29, TRACT 2404, as per plat recorded in Book 34 of Naps, pages 52 and 53, records of said County. (b) As a condition of issuance of a building permit, 22 and pursuant to Section 20.2E of Ordinance No. 1991 of City, 23 Developers are required to make certain street improvements. 24 (c) Pursuant to Section 20.2E6 of Ordinance No. 1991, 25 Developers have requested a postponement of the actual installa- 26 tion of the required street improvements. The Mayor and Common 27 Council of City have approved the delay, in accordance with 28 the terms of this agreement, for a period not to exceed five .(1)1'''''' L- l" ., _1- ( 1 years from the date of this agreement. 2 2. Developers to construct street improvements. 3 Developers agree that street improvements adjacent to the premises 4 in accordance with standards and specifications of the City 5 Engineer, shall be completed not later than five (5) years after 6 the date of this agreement. Developers further agree that the 7 construction of said street improvements shall be commenced 8 within ten (10) days and completed within ninety (90) days 9 after written notice is given to them at any time during said 10 five (5) year period by the City Engineer, stating that street 11 improvements are being constructed on an adjacent parcel of 12 land, and requesting that Developers install street improvements. 13 3. Security. The City Engineer has estimated the cost of 14 the required street improvements to be $2440, as indicated on 15 Exhibit "A" attached hereto. As security for the performance of 16 Developers' obligations under this agreement and Ordinance No. 17 1991, Developers agree to execute a promissory note payable to 18 City, upon demand, in the amount of $2440, secured by a deed of 19 trust on the premises, and Developers agree to execute and record 20 the deed of trust at their expense. 21 4. City consents to delay. City agrees that the con- 22 struction of street improvements by Developers may be delayed in 23 accordance with the terms of this agreement. City agrees not to 24 make demand on Developers' promissory note to City so long as 25 Developers comply with the terms of this agreement. 26 5. Notices. All notices herein required shall be in 27 writing and delivered in person or sent by first class mail, 28 postage prepaid, addressed as follows: -2- 2 I" II.' I' I I City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 ( Hr. and Hrs. Clarence Niemeyer 2546 Kendall Drive San Bernardino, CA 3 IN WITNESS WHEREOF, the parties hereto have executed this 4 agreement on the day and year first hereinabove written. 5 CITY OF SAN BEfu~ARDINO ATTEST: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk Approved as to form: City Attorney By Hayor Clarence W. Niemeyer Harriett E. Niemeyer ~. -3- ( ( PRELIMINARY ESTIMATE FOR INSTALLATION OF STREET IMPROVEMENT AT 2546 KENDALL DRIVE (NEIMEYER) Grading L.S. 100 L.F. Curb & Gutter @ $6.50 per L.F. 192 S.F. P.C.C. D/W @ $1.75 per S.F. 1800 S.F. A.C. @ $0.50 per S.F. SUB TOTAL 10% Cont. Insp. TOTAL EXHIBIT "A" $ 150.00 650.00 336.00 900.00 2,036.00 204.00 200.00 $ 2,440.00 '. ]0 II 12 13 ]4 15 ]6 .17 .. ( ( ] PROMISSORY NOTE SECURED BY DEED OF TRUST 2 3 Place: 4 Date: .....:.. ". 5 $ :::i 6 7 FOR VALUE RECEIVED, the undersigned jointly and severally 8 promise to pay to the City of San Bernardino (herein called 9 "City"), on demand, the sum of Two Thousand Four Hundred I Forty Dollars ($2,440.00). IF suit is instituted by the City to recover on this Note, the undersigned agree to pay all costs of such collection, in- eluding reasonable attorney's fees and court costs. TrlIS NOTE is secured by a Deed of Trust dated , 1979, duly filed for record in the office of the \ I County Recorder of the County of San Bernardino, State of California. 18 THE undersigned hereby waive, to the extent authorized 19 by law, any and all hOmestead and other exemption rights which 20 otherwise would apply to the debt evidenced by this Note. 2J IN WITNESS WHEREOF, This Note has been duly executed by 22 the undersigned, as of its date. -. '. - '..; 23 24 Clarence W. N~emeyer 25 26 27 Harriett E. Niemeyer 28 r \ On.'1er No. ( Escrow No. Loan No. .,', ( WHEN RECORDED MAIL TO: C. Glenn Wilson City Engineer City of San Bernardino 300 North "0" street San Bernardino, CA 92418. SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED.OF TRUST, made on August , 1979 , between CLARENCE W. NIEMEYER and HARRIETT E. whose address is 2546 Kendall Drive, (Number and Street) NIEMEYER, Husband and Wife"erein called TRUSTOR, San Bernardino, California (City) (State) FIRST CITY OF AMERICAN TITLE SAN BERNARDINO, INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and a municipal corporation WITNESSETH: That Trustor grants to Trustee in City of San Bernardino, Trust, with Power of Sale, that property in the County of San Bernard~no , State of California, described as: , herein called BENEFICIARY, Lot 29, TRACT 2404, as per plat recorded in Book 34 of Maps, pages 52 and 53, records of said County. , Together with the rents, issues and prof:~s thereof, sul:;ect, however, 10 the tight, power and authority tlereinarter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For th~ Purpose of Securing (1) payrrent of the sum of $ 2,440.. 0 0 ~1K~~*x.X~,=cordjn9 to the terms of a promissory note or notes of even d<lte herewith mad~ ='f Trustor, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance of each agreement of Tr!Jstor incorporated by reference or contained herein (3) Payment of additional sums and interest ther~on which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect ,'he security of this Deed of Trust, and with respect to the property above described, Trus.tor expr'!ssly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of Ihe terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County Augus.t 17, 1964, and in an, other counrirt' August 18, 1964, in the book. and at the page of OfficiOlI Records in the offic& of the county recorder of the county where said proper.ty is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 55' Kings 858 713 Placer 100a 379 Sierra 3a 187 Alpin.. 3 130.31 Lake 437 110 Plumas 1M 1301 SislciyolJ 50' 7'2 Amador 133 438 lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 los Angele, T-3878 87. Sacramento 5039 124 Sonoma 2067 427 Cal"ver..' 18S 338 Mader.. 911 13' San Benito 300 40S Stan.slau!. 1970 56 Colusa- 323 391 Marin 1849 122 San Bernardino 6213 768 Suiter 655 585 Contnt Cos'" 4684 1 M,niposOl 90 453 San Francisco A-804 596 Tehama 457 183 nel NOl't. 101 549 MendocinO' 067 99 San Joaquin 2855 283 Trinity - 108 595 EI Dor~do 704 635 Merced 1660. 7S3 San Luis ObispO' 1311 137 Tular. 2530 lOa FresnO' 5052 623 MO'doc 191 93 San Mateo 4778 175 Tuolumne 177 160 GI~nn 469 76 MO'no 69 302 Santa BiII,bill'i1 2065 .81 Vent_a 2607 237 Humbolch aOI a3 Monterey 3S7 239 Santil Clarill 6626 664 Yolo 769 1& lmp.,iill 1189 701. Napa 70' 742 Silnta Cruz 1638 607 Yuba 39a 693 Inyc>> 16S 672 Nevada 363 9. Shasta 800 633 Kern 37" 690 Orange 7182 18 San Diego SERIES 5 Boole: 1964, Pag..149774 shall inure 10 Clnd bind th~ parties h~reto, wi,h respect '0 the property above described. Said ilgreements, terms and provisions contained in said subdivision A ond B, (identical in all counties, and printed on the reverse side hereof) are by the wirhin reference ,hereto, incorporated l1erein and made 1I part of this Oeed of Tr~st for all purposes as fully as if set forlh at length herein, and Benl!'ficiary may charge for a stdtement regarding the obliga'ion ses:ured hereby, provided the char9'" t"erefor does not exceed the maximum allowed by law. 11'1-:.- undersigned Trustor, re-quests that 1'I copy of any notice of dehuh and <lny notice of sale hereunder be mailed to him at his address hereinbefore S,et forth. STATE Of CALIfORNIA, COUNTY Of On 1... ) Signature 01 TruJtor befDre me, ,he Clarence W. N~emeyer undersigned, a Notary Public in and for said State, persDnally oppeared lIarr~ett E. N~emeyer to be the person_ whose name . inltrum,:ot and acknDwledged thot WITN;SS my hand and official Jeul. , known to' me- subscribed to' the within ~"t!"cuted the some. _ No~. (T ed O( Print"d) Signat"r. c ':_,:" The {allowing is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing D~ of Trust and in- corp,?ratcd by reference in said Deed of Trus.t as being a part thereof as. if set fonh at l~ngth thert!in. A. To protect tile Sf'Curity-of this Deed of Trust, Trustor agrees: (l) To keep :;aid property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or de'itroyed thereon and to pav when due all claims for labor performed and materials furnished therefor; to comply w:th all laws affecting said property or requiring any alterations or improllements to be made thereon; not to commit or permit waste thereof; not to commit. suffer or pe mit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reOlsonably necessary, the specific enumeratiolls herein not excluding the general. (2) To prolli,fe, maintain and deliver to Beneficiarv fire insuranc8 satisfacrory to ilod with loss payable to BeMficiary. The amount collected under any fire or other insurance pool.cy may be applied bV Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Bene- fIciary tne entirlJ .,mount so col1~ted or any part th&reof may be r~leased to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invali(iitt" any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporring to affect the security hereof or the rights or powers of Beneficiary or Trll~$1ee: and to pay all costs and expenses, induding cost of evidence of title and attorney's fees in a reasonabl!! sum, in any such oction or proceeding in which Beneficiary or Trustee- may appeor, and in any suit brou!;lht by Beneficiary to foreclose this Deed, . (4) To pay: at least ten days before delinquencv all t3xes and as~ssments affecting said property, including assessments on appurtenant water stock; when cue, all incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and exp8nses of tilisTrust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trust8e, but without obligation so to do and without notice to or demand upon Trus:or and without releasing Trustor from any obligation hereof, may: make or do th8 same in such manner arod to such extt:nt as either may deem necessary to protect the security her~of, Beneficiary or Trustee being authorized to 8nter upon said property for such purposes; appear in and defend any action or pro- ceeding purporting to affect the security hereof or th8 rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance~ charge or lien which in the judgment of either appE!ars to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reason- ..ble fees.. (5) To pay immediately and without d8mand all sums so expended by Beneficia"l or Truste8, with interest from date of expenditure at th8 amount allowed by law in effect at the date her80f. and to pay for any statement provided for by law in effect at th8 date hereof regarding the obligation secured hereby any amount df'manded by the Beneficiary not to exceed the maximum allowed by law at th8 time when said statement is dtlrnanded. B. It is mutually agreed: 10 That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Ben8ficiary who may apply or release such moneys received by him in th8 same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (21 That by accepting payment of any sum secured hereby after its. due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declar8 default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice. upon written request of Beneficiary and presentation of this Deed and said note for endors~ment. and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trust~ may: recorwey any part of said property; consent to the making of any map or plat thereof; join in 9ranting any easement thereon; or join in any extension agreeme"t or any agreement subordinating the lien or charge hereof. (4) That upon written r8quest of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note.taTrus.tee for cancellation and retention or other disposition as Trustee in its sole discretion may chooSEt and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive' proof of the truthfulness thereof, The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto:' 15) That as additional security, Trustor hereby Sivesto and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right. prior to any default by Trustor in payment of any indebtedness secured hereby or in patformance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or bV a receiver to be appointed by a court, and without regard to the adequacy of any security for the in- debtedness har<!by secured, enter upon and tak8 possession of said property or any part thereof. in his own name sue for or othe,....,ise collect such rents. issues, and prof. its, including those pastdu8and unpaid. and apply the same, less COS15 and expenses of operation and collection, including reasonable attorn8Y's fees, upon any indebted. n~ secured hereby, and in such order as Beneficiary may determine. The entering upon and taking posses~ion of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of d8fault hereunder or invalidate any act done pursuant to such notice. (6) That up:m default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiarv may declare all sums secured hereby immediat~y due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notic'! of def&ult and of election to cause to be sold said property, which notice Trustee shall cause to be fil@d for record. Beneficiary also shall deposit with Trustee this Deed, said note and ell documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been giv8n as then re- c:~ired by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale. either as a whole or in separate par- cels. and in such order as it may determine, at public auction to the highest bidder for cash in lawful money oflhe United States, payable at tim8 of sal8. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sate by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold. but with. out any covenant or warranty, express or implied, The recitals in such deed of any matters or facts shall be conclusive proof of th8truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the pro- ceedsofsale to payment of: all sums ex;;el"ced under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effectst the dat8 hereof; all oth~r sums th~n sec.urltd hereby; and the remainder, if any, to the person or persons legally entitled thereto. OJ Beneficiary, or any successor in ownerShip of any indebtedn!tSs secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein Or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Truste8 or Trustees, who shall, withoutconveyaficefrom theTruste~pr<=decessor, succeed to all its title, estate, rights, powers and duties, Said instrument must contain the name of the original Trustor, Trustee ane! Beneficiary hereunder, the book and page wh8re this O~ed is recorded and the name and address of the new Trustee. 18) That this Deed applies to, iflures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and as,. signs. The t-=-rrr'1 Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed. whenever the context so requires, the masculin'J gender includes the feminine and/or neuter, and the singular number includes the plural. <<9) That Trustee accepb this Trust when this Deed, duly executed and acknowledged, is made a public record as prOvided by 1<tIN, Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Ben8ficia,y or Trustee shan be a party unless brought by Trusti!e. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY. TRUSTEE: The undenigned is t."e I. owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust, Said note or notp.s, ~ geth~r with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby request8d and directed, on pal/ment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, end all other evidences of indebtedness secured by said Deed of Tru'J,l defivered to you her8'IWith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now ~.efd by you under the same. Dated Please mail Deed of Trust, Not!!' 8fld Reconveyance to Do 1101 losf! or destroy Ihis Deed of TmSI OR TilE NOTE which it seCl/re$. Boll, I7IlIsI bi! de!il'ert'd to lite- Tntsti!t-" (or cancellation before l'eco"'tJ~l'allce will b~ made. l- V') LU ". -" ::> <( "l- e ()) VI Co (Q u 0:::: u.. ... u e >- I- 0 ~ (Q - .... .... e UJ '" ()) ;:) <0 LU <><: E l- LL. LU ;; Vl 0... Vl 0 ~ .r, <( e E ::> a< 0 l- a.. .,.. +- ()) 0 0 (f) U J: <1"' .... +- LU l- or LL f- LU ~ .- ~ C ( ( PRELIMINARY ESTIMATE FOR INSTALLATION OF STREET IMPROVEMENT AT 2546 KENDALL DRIVE (NEIMEYER) Grading L.S. $ 150.00 100 L.F. Curb & Gutter @ $6.50 per L.F. 650.00 192 S.F. P.C.C. D/W @ $1.75 per S.F. 336.00 1800 S.F. A.C. @ $0.50 per S.F. 900.00 SUB TOTAL 2,036.00 10% Cont. 204.00 Insp. 200.00 TOTAL $ 2,440.00 ii, EXHIBIT "A"