HomeMy WebLinkAboutReso 1976-8270±% G
RESOLUTION N0. 8270
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY LOUIS GUILLEP4ETTE LOCATED AT 167 SECOND AVENUE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 14th day of June, 1976, the Planning
Commission of the City of Chula Vista, in accordance with the
provisions of Section 12.24.070 of the Chula Vista City Code, autho-
rized a delay in the installation of certain improvements on the
property owned by Louis Guillemette located at 167 Second Avenue
in the City of Chula Vista, and
WHEREAS, said property owner agreed to Furnish to the
City of Chula Vista a lien on said property, in an amount sufficient
to construct said improvements.
tdOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Chula Vista does hereby authorize the deferral
of the installation of certain public improvements on the property
described hereinabove, in accordance with the recommendations
of the Planning Commission.
BE IT FURTHER RESOLVED that said Council does hereby
accept said offer of a lien on said property to insure the comple-
tion of said improvements, and that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record said lien agreement and this resolution in the Office of
the County Recorder of the County of San Diego, California.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to sign
the Agreement for the Deferral of the Installation of Public
Improvements which contains said lien.
Presented by Approved as to form by
William J ORo ens, lrect
Public Works
George ~ ind erg, City Atto
~soo
AGREEP![ENT FOR THE DEFERRAL OF THE INSTALLATION OF
CF,RTAIN PUBLIC IP'1PROVEPIFNTS IN THE CITY OF CHULA
VISTA AND LIEN SECURING THE FUTURE INSTALLATION
OF SAID IMPROVEMENTS ON THE PROPERTY OWNED BY
LOUIS GUILLEr2ETTE LOCATED AT 167 SECOND AVENUE
THIS AGREEMENT, made and entered into this ~ O Today
of cf h ~ , 1976, by and between THE CITY OF CHULA VISTA,
a municip 1 corporation, hereinafter referred to as "City", and
LOt7IS GUILLEb4ETTE, 1379 Fourth Avenue, Chula Vista, California, 92011
hereinafter referred to as "Property Owner";
W I T N E S S E T H
WHEREAS, Property Owner has applied to the Planning
Commission of the City of Chula Vista for an exemption to the
provisions of Section 12.24.040 of the Chula Vista City Code, in
accordance with the requirements and conditions of Section 12.24.070
of said Code, which provides, generally, for the installation of
certain public improvements upon any dedicated street or streets
adjacent to a lot or parcel upon which a structure or building is
to be installed, erected, or moved upon, and
WHEREAS, said Section 12.24.070 provides that if the
Planning Commission, in its discretion, feels that said installation
of public improvements would cause a defective condition to the
property, or it would be extremely impractical to install or con-
struct the same, then the Planning Commission, upon finding that
grounds for said exception from the requirements of Section 12.24.040
were reasonable and were in conformance with the requirements of
Section 12.24.070 for said exemption, may grant said exemption,
which may be limited to a specified period of time, and
WHEREAS, the Planning Commission, on June 14, 1976,
did grant said request for an exemption to the provisions of Section
12.24.040 on the conditions set forth hereinafter, for the pub~4~:-'
alley between Second Avenue and Minot Avenue, adjacent to the. property
at 167 Second Avenue, more particularly described as Tax Parcel No.
566-310-05, and did find that the grounds for said request for an
exemption were reasonable and were in conformance with the require-
ments of Section 12.24.070.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owner, Louis Guillemette, in lieu of
making the improvements specified herein, prior to final inspection
or the giving of a certificate of occupancy, agrees, covenants and
promises that he will install, construct or cause to be installed or
constructed the improvements hereinafter set forth within thirty (30)
days of written notice from the Planning Commission to install said
improvements.
2. For the faithful performance of the promises and cove-
nants herein contained, Property Owner hereby grants to the City
of Chula Vista a lien upon the property herein described, and in
the event that Property Owner, his successors, heirs, assigns, or
transferees, fail to install or construct said improvements in the
manner and within the time specified herein, he agrees that City
may do any or all of the following:
- 1 -
1801
(a) Install or construct said improvements by contract
or otherwise, and permission is hereby granted to City
or its contractor and contractor'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, his successors, heirs, assigns
or assignees, immediately upon completion of said improve-
ments, 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.
(b) Direct the Director of Public Works to estimate
the cost of the work required to complete said improve-
ments, 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 Owner,
his heirs and assigns, shall pay reasonable attorney's
fees to be taxed as a cost in said proceedings.
3. At any time during the period herein provided, Property
Owner, his heirs, assigns or transferees, may make a cash deposit
with the City in the amount estimated by the Direotor 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.
4. The work to be performed and the cost of said improve-
ments and the amount of this lien is the sum of $4,000.00, and said
work shall be done in accordance with plans and specifications on
file in the Office of the Director of Public Works, and shall consist
of that work specifically deferred by the action of the Planning Com-
mission of the City of Chula Vista, as follows:
1. Type "G" curb and gutter, 65 L.F. @ $5.00/L.F.
2. Sidewalk, 250 S.F. @ 1.20/S.F.
3. Driveway approach, 130 S.F. @ $1.80/S.F.
4. A C pavement, 1100 S.F. @ $.65/S.F.
5. Roadway excavation:,. Lump Sum
6. Storm Drain, 27" RCP, 65 L.F. @ $28.00/L.F. X z
Engineering preparation of plans & const. staking
Contingencies
Attorneys' Fees
Total Cost
$325.00
300.00
234.00
715.00
500.00
910.00
$2984.00.
316.00
3300.00
350.00
350.00
000.00
- 2 -
1802
5. It
and/or his heirs,
at such time as a
said petition and
to protest in the
instituted.
is further understood and agreed that Owner
assignees or successors in interest shall
1911 or 1913 Act petition is circulated, sign
that said parties do hereby waive all rights
event such a 1911 or 1913 Act proceeding is
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 V15TA
ATTES Jrl~!~C,C. ~//S, Y~A~~~
City Clerk"
''~~Agpr~oved as~to or
~,. ,. _ _
I"~j`/~~City Attorney
Q~~~~-
LOUIS GnUILLEMET/T~~E //
l~ ^
,~/Yl/ ~ ~
- 3 -
'Attorney in Fact -Individual) q 8~3 ~r.^TITLE INSURANCE
1 ~ AND TRUST
STATE OF CALIFORNIA
S ~ /1/ ~ t QO} SS. nmm~ corwxr
COUNTY OF ~
o r U ~ I/ .2 ~. /'~7 ~
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n~ efore me, the undersigned, a Notary Public m and for said Sta[q
personally appeared ~ ~/ /~/ /V ~ ~ ~d- / S
known to me to be the person- w,htose name ~ a subscribed to the within instrument, as the
Attorney-_ in fact of_ ~0 U i S Irn t ~ ~ ~ Ae 2 ,~ I L°,
and acknowledged to me that~~subscribed [he name-
of ei~-S ~ rri llEMP7Te theroto as principal -.,,:~,1,,,,:~_,. ,=,_~1,-.~ ..:.. .:........~:::,,::,,,,,~~~„~~:~:o,r ,.
j 1, U FI. qL SFAI. 1
i and~1!' R own name- as Attorney- in fact. ~~ -';,,. or ;3 ;(EYES _=
WITNESS my hand and official seal ~~~ N1'Ta?Y a BuC CAL FoRN1A
Signature ~/ J /Y/~ G~~/ r~ i t~°~fi~-Q/
~.a\ ,'%~ pglnl^ipgL OFFICE IN
_ ~ 54.'{ p~:=CO COUNTY =
- h?y Cam:~itsise %spties August 7, 1977
:nu:nnn•nxpnu.nan..nuJ,Vm11W....,. ;~ i_iyiW IInIIII, I111111nU
(This area for oB~cial notarial seal)
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{; li 0"s.A'ug St'1 l~~C0RDING Rtd.C.1UE14TEU !3Y
BliAH AND CAh1IOUN
660 "H" Street, Suite "A"
Chula vvN.era nocbnoiro ~ewri. Ns2010
REAR AND CAL}IOUN
H'm' Attorneys at Law
Addxu,
atr"` 660 "H" Street, Suite "A°
s ~k Chula Vista, Calif 92010
L J
ill..`'./I'c~r,E ff ) ..k.. ~324.~~,._J.1'.-~J
l: is l_C~F:DE: LI `:_OUESi OF"
~°rrc~~N~Y
tsuc ICI 4 zB PN'l0
GOOK 1970
OEFICIAI- RECOfiDS
SAN GIECO COUMT'L CALIF.
7, 5 ~ -;AY, RECORDtr?
~z.aa
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
~~~~'~ ~~ ATfi~RN~1P
GENERAL
Know All l~len by These Presents: rnatl,_ LOUIS GUILLEMETTE of ~~40 Glen
Abbey Boulevard, Chula Vista. Cad;forn;a
the unCersigned Qointly and severally, it more than one) hereby make, constitute and appoin+ OLIVINE VALOIS of
_ 3340 Glen Abbey Boulevard, Chula Vista California
my true and lawful Attorney for me and in my name, place and stead and for my use and benefit:
(a) To ask, demand, sue for, recover, collect and receive each end every sum of money, debt, account, legacy, bequest, Interest, dividend,
annuity and demand (which now is or hereafter shall become due, owing or payable) belonging to or claimed by me, and to use end take any
lawful means for the recovery thereof by legal process or otherniso, and to execute and deliver a satisfaction or release therefor, together with tha
fight and power to compromise or cortlpound any claim or demand;
(h) To exercise any or all of the following powers as to real property, any Interest therein and/or any building thereon: To contract for,
purchase, receive and take possession thereof and of evidence of title thereto; to lease the same for any term or purpose, including leases for
business, residence, and oil and/or mineral development; to loll, exchange, grant or convey the same with or without warranty; and to mortgage,
transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiah!e cr non-negotiable note or performance of any
obligation or agreement;
(c) To exercise any or all of the following powers as to all kinds of personal property and goods, wares and merchandise, chows In action
and other property in possession or in action: To contract tor, buy, sell, exchange, transfer and in any legal manner deal in and with the same; and
to mortgage, transfer in trust, or otherwise encumber or hyDOthecate the same to secure payment of a negotiable or nonnegotiable note or
perormance of any obligation or agreement;
(d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with or without security; and to loan money and
receive negotiable or nonnegotiable notes therefor with such security as he shall deem proper;
(e) To create, amend, supvlement and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be tractor
or beneficiary; to rzpresa nt and vch stock, axer^ise a;uc+, riehts. adept and dca! with any dividend. 7ietrihu!ion pr bonus. loin In any rye^~~*~•
financing, iCGrgdlllZatl pit, nl erger, IIG UI~dtipn, conS0idat tai. G. OthCr aCtlGil and tha Cxte IISGG, JJGI prOla lse, CGa4ai SlGp, adiaiinlani, anfG(Gemeot
or toreclosve, singly or in conjunction with others of any corporate stock, bond, note, debenture or other security; to Compound, compromise,
adjust, settle and satisfy any obligation, secured or unsecured, owing by or to me and to give or accept any property and/or money whether or
not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof;
(f) To transact business of any kind or class and as my act and deed to sign, execute, acknowledge end deliver any deed, lease, asslgn-
menl of lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment of mortgage or of tha beneficial Interest under
deed of trust, extension or renewal of any obligation. subordination or waiver of priority, hypothecation, bottomry, -charter-party, hill of lading, bill
of sale, bill, band, note, whether negotiable or nonnegotiable, receipt, evidence of debt, full or partial release Gr satisfaction of mortgage, judg-
ment and other debt, request for partial or lull recomeyance of deed of trust and such other instruments in writing of any kind or class as may be
necessary or proper in the premises.
Giving and Granting unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requlslte,
necessary or appropriate to he done in and about the premises as fully to all intents and purposes as I might or could do if personally present,
hereby ratifying al! that my saiA Attorney shall lawfully do or cause to he done by virtue of these presents. The powers and authority hereby cen-
ferred upon my sa!d Attmney shall be applicable to all real and personal property or interests therein now awned or hereafter acquired by me and
wherever situate.
My said Attorney is empowered hereby to determine in his sole discre[ien the time when, purpose far and manner in which any power herein
conferred upon him shall he exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by
him pursuant hereto: aad in the acquisition or disposition of real or personal property, my said Attorney shall have exclusive power to fix the terms
thereof fm cash, credit and.'or property, and if on credit with or without security.
The undersigned, if a married woman, hereby further authorizes end empowers my said Attorney, as my duly euthorlaed agent, to )oln In my
behalf, in the execution of any instrument by which any community real property or any interest therein, now owned or hereafter acquired by my
spouse and myself, qr either of us, is said, leased, encumbered, or conveyed.
When the context so requires, the masculine gecder Includes the feminine and/or neuter, and the singular number Includes tha plural.
R'ITNf.SS my hand this__1)Jth -day
State of Catiiornia,
SS.
County of ~11N DIRG4
On August 14, 1970 _
_._LOUIS _~U.ILLEMF'7"i'E____
before me, the undersigneA, a Notary Public in and far said
State, personally appeared__-_._~ LCtTIS _GUILLEMETTE
rr,,;irrI'novrn,hr, 7i•
., <
that he _
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V. =' ~ •'~ 6EFERRAL-167 SECOND AVENUE
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA this 3rd day of Auaust
197 6 _, by the following vote, to-wit:
AYES: Councilmen Egdahl, Hyde, Hamilton
NAYES: Councilmen None
ABSENT: Councilmen Cox, Hobel
Mayor of the City of ChuZaOVista
ATTEST
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASL, CMC, CITY CLERK of the City of Chula Vista,
California, DO HF,REBY CERTIFY that the above and foregoing is a full,
true and correct copy of
that the same loos not been amended or repealed.
DATED
r
(SEAL)
and
CC-660