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Home My WebLink AboutReso 1977-8470RESOLUTION NO. 8470 RESOLUTION OF THE CITY COUNCIL OF~ T~iE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DON E. NORMAN AND R, rLENN ASHWILL AND BETTYE J. ASHWILL FOR LOTS 2, 3 AND 4 OF TENTATIVE PARCEL MAP 11-75 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Don E. Norman and R. Glenn Ashwill and Bettye J. Aswill for subdivision improvements and lien for Lots 2, 3 and 4 of Tentative Parcel Map 11-75 dated the 3rd day of January 1977 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~ ~ 1 W. J. Robens, Director of Public Geo ge D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 11th day of January , 1977 , by AYES: Councilmen Cox, Scott, Egdahl, Hobel, Hyde NAYES: Councilmen None ABSENT: Councilmen None ~ 1. n /~r~"i '? Mayor of the City of Chula Vista ATTEST .~ G~~c - ~/ '~C.C.cf1.. ' City Clerk t- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 ~'15I:i, Ca.ti~riua 92012 156'7 RESOLUTION N0. 8470 RESOLUTION OF THE CI7"Y COtJNCIL OF TIiE" CITY OF CHULA VISTA, APPRO~~TNC; A<'REEI~iF'NT BETW%EPd TIIE CITY OF CHtJLA VISTA AND DON F.. NORMACJ ~1i`JD R . GLENN ASHWILL AND BETTYE J. ASHt4ILL FOR LOTS 2, 3 AND 4 OF TENTATIVE PARCEL PZAP 11-75 AND AUTHORIZING THE MAYOR TO EXECUI.'E SAID AGREEMENT Form No. 342 . Rev. 2/76 The City Council of- the City of Chula Vista does hereby resolve as follows: NOW, TIiEREF'ORE, BE I`I' RESOLVED that that certain agreement ?etw~een THE CITY OF CHULA VISTA, a municipal corporation, and ~~on E. Norman and R. Glenn Ashwill and Bettye J. Aswill for subdivision improvements and lien for Lots 1, 3 and 4 of Tentative Parcel Map 11-75 Sated the .3rd day of January 1977 a copy of ,which is attached hereto and incorporated herein, the same as though fully sei: forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by /s/ W. J. Robens W. J. Robens, Director of Public Works Approved as to form by ~ ~~/~ -~ ~~ r~ ~i / ~ George D. 6 Lindberg, City Attorney ADOPTED AND APPROVED by' the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thisllth day of January , 19 77 by AYES: Councilmen Cox, Scott, Egdahl, Hobe1, Hyde NAYES: Councilmen ABSENT: Councilmen None None /s/ Frank A. Scott Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STATE ~~F CALIFUiCiJ'lI1) COUIv~I'Y OF SAN DIEGO) ss . CITY OF CHULA VISTA) Z~~-~~ `.~~~.e M. Fulasz City Clerk of the City of Chula Vi:;;ta, :-'a,~f~fornia, DO I:Ei2EBY CERTIFY that the above is a full, true and correct copy of Resolution No.8470 and that the same has not been mended ox'~epealed. DATED January 17, 1977 ,. ~ City Clerk ~ ,,: ~ . ,_ 1568 DEFERRAL OF PUBLIC Ir~lPROVEMENTS AND LIEN AGREEMENT FOR LOTS 2, 3 ArdD 4 OF TENTATIVE PARCEL MAP 11-75 ADJACENT TO OTAY LAKES ROAD THIS AGREEMENT, made and entered into this 3rd day of January, 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and DON E. NORMAN and R. GLENN ASHWILL AND BETTYE J. ASHWILL, 2837 "M" Avenue, National City, California 92050, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, Don E. Norman and R. Glenn Ashwill and Bettye J. Ashwill have heretofore submitted a Tentative Parcel Map 11-75 for certain property located on Otay Lakes Road north of East "H" Street, more particularly known as County Tax Parcel Nos. 5y4-130-30 and 31, and WHEREAS, said Tentative Parcel Map meets the requirements of the Chula Vista Municipal Code and may now be certified subject to the fulfillment of certain conditions precedent thereto. NOW, THEREFORE, IT I5 MUTUALLY AGREED by and between the parties hereto as follows: 1. Owners agree that prior to the approval and certifi- cation of that certain parcel map for property located on Otay Lakes Road north of East "H" Street, more particularly known as County Tax Parcel Nos. 594-130-30, that they will either cause those im- provements as set forth hereinbelow in the estimated amount of ONE HUNDRED FORTY SEVEN THOUSAND DOLLARS AND NO/CENTS ($147,000.00) to be accomplished or will provide adequate security therefor. 2. Property Owners, Don E. Norman and R. Glenn Ashwill and Bettye J. Ashwill, in lieu of making the improvements specified herein, promise that they will install, construct or cause to be installed or constructed the improvements hereinafter set forth within three (3) years after approval of the Final Parcel P,2ap or at such time as application .is made for building permits on Lots 2 or 3 or 4, whichever event occurs first. 3. For the faithful performance of the promises and covenants herein contained, Property Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owners, their heirs, assigns or trans- ferees, fail to install or construct said improvements 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 City or its contractors and contractor's employees to enter upon any portion or portions of said property reasonably necessary for said con- struction, and the entire cost and expense of said improvements shall be charged against said property and said cost and expenses shall be payable by Property Owners, their successors, heirs, assigns, or assignees, immediately 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 Owners agree that the amount of said lien includes attorney's fees which shall be taxed as a cost in any suit or foreclosure. 1559 (b) Direct the Director of Public Works to estimate the cost of the work required to complete said im- provements, and foreclose 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 Owners, their heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. 4. At any time during the period herein provided, Property Owners, their heirs, assigns, or transferees, may make a cash deposit with the City in the amount estimated by the Director of Public Works to cover the total cost of the improvements. If said cash deposit is made prior to the recording of this agreement, then said agreement shall not be recorded as long as said cash is on deposit with the City. If said cash deposit is withdrawn from the City, said agreement shall be recorded. If this agreement has been recorded and then said cash deposit is made, the City may release said lien of record and hold this agreement or any new agreement unrecorded as long as said cash deposit is left with the City. 5. The work to be performed and the cost of said improve- ments and the amount of this lien is the sum of $147,000.00, and said work shall be done in accordance with plans and specifications on file in the Office of the Director of Public [~?orks, and sh~ll consist of the following: Type "G" curb and gutter, 752 L.F. @ $4.00/L,F. $ 3,008 Sidewalk, 3770 S.F. @ $1.00/S.F. 3,770 A.C. pavement, 14,300 S.F, @ $.67/S.F. 9,581 Fire Hydrants, 2 each @ $1100.00 2,200 $ 18,559 Contingencies 1,856 20, 15 Coversion of underground utilities, 750 L.F. at $150/L.F, 112,500 Attorney's Fees 14,085 Total Cost $147,000 6. It is further understood and agreed that Owners and/or their heirs, assignees or successors in interest shall 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. F IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Il Ma or of the City-~a Vista Y ATTESI''c~~L~G-/~ /~~~~ /. 2'- ~- City Clerk Approved as to f ~-m bX ~ ~ /,~~ ~ ~~~`~~ Betty, ~ J. ~shwill City Attorney (Attach Notary Acknowledgment) PROPERTY OWNERS