HomeMy WebLinkAbout1979-375 1 RESOLUTION N) .J'
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2 RESOLUTION O F THE CITY OF SAN BERNARDINO AUTHORIZING THE
(EXECUTION OF AN AGREEMENT WITH CLARENCE W. NIEMEYER AND HARRIETT
3 E. NIEMEYER RELATING TO THE POSTPONEMENT OF STREET IA4PROVEMENTS
AT 2546 KENDALL DRIVE; AND REPEALING RESOLUTION NO. 79-311.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and dire cted ~ execute on behalf of said City
g an Agreement with Clarence W. Niemeyer and Harriett E. Niemeyer
9 relating to the postponement of street improvements at 2546
IO Kendall Drive, a copy of which is attached hereto, marked Exhibit
II "I" and incorporated herein by reference as fully as though
12 set forth at length.
13 SECTION 2, Resolution No. 79-311 is hereby repealed.
l4 I HEREBY CERTIFY that the foregoing resolution was duly
IS adopted by the Mayor and Common Council of the City of San
16 Bernardino at a ~a,,,,,,,a( ,,~So.y meeting thereof, held
17 on the ~f day of ~ 1979, by the following
lg vote, to wit:
19 AYES: Councilmen Rio/is~ .x~2i~vni?~
21 NAYS : ~~L
22 ABSENT: ~
23 ~~~/1
~fii 7b~
City Cler
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The foregoing resolution is hereby a rov 's _ day
25 /
of ~,&.v~i~li1 1979.
26
Ma r f h City o Bernardino
27 Approv d as to fo~Lrm:_.-I
28 ~~.aC~
"Sty A orney
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1 A G R E E M E N T
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2 (2546 Kendall Drive)
3 THIS AGREEMENT is made and entered into this 1~ day of
q , 1979, by and between the CITY OF SAN BERNARDINO,
9 ja municipal corporation, hereinafter referred to as "City", and
6 CLARENCE W. NIEMEYER and HARRIETT E, NIEMEYER, husband and wife,
7 'hereinafter referred to as "Developers".
g In consideration of the agreements, covenants, conditions, ~
q promises and legal detriments herein contained, the parties hereto
l0 '':agree as follows: i
t~ 1. Recitals.
t2 (a) Developers have applied for a building permit
13 for certain construction on the premises owned by Developers,
t4 iknown as 2546 Kendall Drive, in the City of San Bernardino, ~
t5 (generally referred to in this agreement as "the premises", and
16 ;more particularly described as follows:
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17 All that real property situated in the City of i
San Bernardino, County of San Bernardino, State
lg of California, described as:
lq Lot 29, TRACT 2404, as per plat recorded in
Book 34 of Maps, pages 52 and 53, records of
20 said County.
21 (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
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i years from the date of this agreement.
2 . 2. Developers to construct street improvements. Developers
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3 agree that street improvements adjacent to the premises, in
q accordance with standards and specifications of the City Engineer,
g shall be completed not later than five (5) years after the date
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6 of this agreement. Developers further agree that the construction
7 of said street improvements shall be commenced within ten (1U) ~
g days and completed within ninety (90) days after written notice
9 is given to them at any time during said five (5) year period by
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ip ~~the City Engineer, stating that street improvements are being or
ti i~have been constructed on the adjacent parcels of land, and requestt
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~2 iing that Developers install street improvements.
13 I 3. Security. The City Engineer has estimated the cost of
~q the required street improvements to be $2440, as indicated on li
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l5 Exhibit "A" attached hereto. As security for the performance of
l6 Developers' obligations under this agreement and Ordinance No. ICI
i7 1991, Developers agree to execute a promissory note payable to
ig City, upon demand, in the amount of $2440, secured by a deed of
iq 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 ilwriting and delivered in person or sent by first class mail,
28 postage prepaid, addressed as follows:
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{
1 City of San Bernardino Mr, and Mrs. Clarence Niemeyer
300 North "D" Street 2546 Kendall Drive
2 San Bernardino, CA 92418 San Bernardino, CA
3 III IN WITNESS WHEREOF, the parties hereto have executed this
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a agreement on the day and year first hereinabove written.
5 CITY OF SAN BERN RDINO
(ATTEST:
6 j
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M or
7 ~ i6?>ll/ ~~off/
City Clerk j
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9 j
arence W, Niem er I
10 III
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11 `~a
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1u c~.Z.2 ~ ~ L
12 ~ Harriett E. Niemeyer j
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13 !
Approved as to form:
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tiC
y At rney
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-3-
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l ~ PROMISSORY NOTE SECURED BY DEED OF TRUST
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3 ~ Place:
q ~ Date: ~
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5 I $ I
~ ' FOR VALUE RECEIVED, the undersigned jointly and severally
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g i promise to pay to the City of San Bernardino (herein called
g "City"), on demand, the sum of Two Thousand Four Hundred
10 (Forty Dollars ($2,440.00).
IF suit is instituted by the City to recover on this Note,
. 12 the undersigned agree to pay all costs of such collection, in-
l3 cluding reasonable attorney's fees and court costs.
~q T'd25 NOTE is secured by a Deed of Trust dated
15 , 1979, duly filed for record in the office of the
16 County Recorder of the County of San Bernardino, State of
I7 California. '
ig THE undersigned hereby waive, to the extent authorized
19 by law, any and all homestead and other exemption rights which
20 otherwise would apply to the debt evidenced by this Note.
2l IN WITNESS WHEREOF, This Note has been duly executed by
22 the undersigned, as of its date.
23 ~
24 /l~
arence W'. Niem er
25
26 ~ ~ 2-~=k=/~-i, ~ sz~f
27 Harriett E. Niemeyer
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_
s Omar No.
• Escrow No.
Loan No. ' - ~ '
WHEN RECORDED MAIL TO:
C. Glenn Wilson
City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST, made on August , 1979 ,between
CLARENCE W. NIEMEYER and HARRIETT E. NIEMEY$R, Husband and Wlfe~erein called TRUSTOR,
whose address is 2546 Kendall Drive, San Bernardino, California
(Number and Street) (City) (Stara)
FIRST AMERICAN TITLE INSURANCE COMPANY, a Califtxnia corporation, herein called TRUSTEE, and
CITY OF SAN BERNARDINO, a municipal corporafeion
herein called BENEFICIARY;.
WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the
City of SiarL Bernardino, County of San Bernard~.no ,State of California, described as:
Lot 29, TRACT 2404, as per plat recorded in.BOOk 34 of. Maps, pages
52 and 53, records of said County.
T.a ,
Together with the rents, issues and profin thereof, sub act, however, }o the right, power and authority hereiraaiter given to and confemad upon Beneficiary to
collect and apply such rents, issues and profits.
For the Purpose of Securing (1) payment of the sum of E 2 , 440.00 7GJ8BC3$1cRiYt86X7G76ccording to the terms of a promissory note or
notes of even date herewith made by Trwtor, payable to order of Beneficiary, and extensions or renewals thereof, and (T) the performance of eedr `
agreement of Trustor incorporated by reference or contained herein (3) Payment of additional sums and inrorest thereon which may hereafter be loaned. to
Trusiw, or his successors ar assigns, when evidenced by a promissory note or notes reciting that they are secured by this Dead of Trust.
To proisct the security of ~thia Deed of Trust, and with respect to the property above desuibed, Trustor expressly makes each and all of the agreamanis,
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 the terms and provisions set forth in subdivision B of the fictitious deed of }rust recorded in Orange County August 17, 1964, assd in all other
counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where uid property is I«a1ed,
noted below oppoairo the name of such county, namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY 800K PAGE COUNTY BOOK PAGB
Alameda 1288 556 Kings 858 713 Plaesr IOT6 379 Sierra 36 187
Alpine 3 130.71 tab 437 110 Plumu 166 1307 Sisk'ryeu 506 767
Amader 133 438 Lasaan 192 367 Rivanida 3778 347 Selene iT87 621
8utro 1330 513 Les Angeles TJ878 874 Sacraments 5039 111 Senoma TO67 417
Calavaraa 16S 338 Madoa 911 136 San Banire 300 403 Stanislaus 1970 56
Celesa 313 391 Morin 1849 ITT San Bamardine 6113 768 Sutter 655 565
CenMa Cesro 1684 1 Marip«a 90 453 San Francisco A201 596 Lhama 457 183
Dal Norte 101 549 Mand«ine 667 99 San Joaquin TBSS 183 Triniy 108 595
EI Dorede 700 635 Maresd 1660 753 San Luis Obiape 1311 137 Tulare 1530 106 _
Fmne SOST bT3 Medec 191 93 San Maroo 1776 175 Tuelunssse 177 160
Glenn 469 76 Mone 69 301 Santa Barbara 1065 B81 Vanron 1607- 137
Numbsldt 801 83 Menroray 357 139 Santa Clara 6626 660 Yele 769 16
Impoial 1189 701 Napa 701 741 Santa Cruc 1638 607 Yuba 398 693.
Inge 165 671 Nsvada 363 94 Shases 800 633
Kam 3756 690 Orange 7181 18 San D'ago SERIES S Beek 1964, Paga 149774
shall inure to and bind the parties hereto, with reaped to the property abovie described. Said agreemenn, Mme and provisions contained in said tubdivisfwr
A and B, (identical in all counties, and printed on the reverse aide hereof) are by the within reference lhereM, incorporated herein arsd made a part of thi Deed
of Trust for all purpous as fully as if set forth at length herein, and Benefciary may charge for a statement regarding the obligation secured hereby, provided.
the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor, requests that a copy of any nonce of default and any notice of sala hereunder be mailed to hyyyim at his address hereirtbefore set forth: `
STATE OF CALIFORNIA,QQ t ignal .fat trvstar
COUNTY OF San rC7Prna rcl.ss~ s'' A
p . S / y 1 9 7 9 before me, the ~ yy~[~~~~
undersi nod, a Nota Public in and ter acid State, y ppeered 'd Y2nCP 1 eyer •t _
9 7 Personal) a V
' ~In rP V\cP (Jt "111E IY~Py..LA~
-r-~o._.,,~y„~ atria , iemeyer
robe the person whose names wbscribad ro the within --i..>rw.~ry~ _ _ ~ ~ ~
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instrument and «knowladgad th t ~-fX.t.,~J .x«utad the sama.~ ti'80rass:sAC BFAIf ~r r-,
N~ITNESS my hen and official seal ~NQ~ ~ ~•~,.,yr
G'. ' ~ amaaT Puauc • eAUrorsnu~ f
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