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Home My WebLink AboutReso 1975-7874RESOLUTIONd N0. 7874 RESOLUTION OF THE CITY VISTA, AUTHORIZING THE OF CERTAIN PUBLIC IMPR~ BY PdATHAN L. AND LINDA (NOW KNOWN AS A PUBLIC AND MINOT AVEtdUE SOUTH COUNCIL OF THE CITY OF CHULA DEFERRAL OF THE INSTALLATION ~VEh4EidTS ON THE PROPERTY O~+1NED JO THOMAS OY1 THE UNNAMED STREET ALLEY) BETWEEN SECOND AVENUE OF "D" STREET The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 13th day of August, 1975, 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 Nathan L. and Linda Jo Thomas on the unnamed street (now known as a public alley) between Second Avenue and Minot Avenue South of "D" Street, in the City of Chula Vista, and Wf;EREAS, said property owners agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, IIE 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 Wiliam J. Rob s, Director of Geor D. Lindber , City Att ey Public Vdorks ADOPTED 11ND APPROVED BY THE CITY COUNCIL OI' THE CITY OF CIIULA VISTA, CALIFORNIA, this-26tH day of August 1975 , by the following vote, to-wit: ' AYES: Counc~iZmen Egdahl, Scott, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen Hobel ayor o J ATTEST .~ ~.71 ~~>Ji ~%~ ~ Cicy Zer< ~ ;i STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) e C2ty of L'huGa Vista I, JENNIF, A.^. FULl~S7,, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a fu 7, Z, true and coz~rect espy of and that the same has rzot. been amended or repealed. UATE'D (SE/1li) y CGer CC-660 ~~~~ iZ9 riLE/RARE N® ~JI !S BQQK 1 5 Please Return To:/~~,~~>~~~REp ~ a REOU~~r n- ~"~`"'"fti:..Z::. CITY CLERK jrigaia M. Fulasz, City deck U~R ~ I I S~ ~~ ~'~ P ~, $ox 1087 OFFICIhL kEf.ORp$ ~~ Visor Cali(oruia ~~ RESOLUTION NO. 7£374 SANpIEGADpUN(Y.CA1,~-. RESO],UTION OI' TIIE CITY VISTA, AUTIiORILING TIIE OF CL'12TAIN PUBLIC ID1PR BY NATHAN L. AISD LINDA (NOkd KT]Of^dN AS A PUBLIC AND MINOT AVETdUE SOUTFI NARi.EY F.k7L00M RECORDER COUIICIL OF THE CITY OI' CIIULA ~~ FFt: DEFERRAI OF THE INSTALLATION ~VEAIENTS OII THE PROPERTY OWNED JO THOP911S ON TIIP. UNNADfED STREET ALLEY) BET40L'EN SECOND AVENUE OF "D" STREET The City Council of the City of Cliula Vista does hereby resolve as follows: WHEREAS, on the 13th day of August, 1975, 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 irprovements on the property owned by Nathan L. and Linda Jo Thomas on the unnamed street (now kno~m as a public alley) between Second Avenue and Pfinot Avenue Soutki of "D" Street, in the City of Chula Vista, and WHEREAS, said property owners agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, 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 FURTI:ER RESOL`.'ED that caid Cc u.. ~l does hcrc'~ ^' 1• accept said offer of a lien on said property toyinsure 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 Piayor 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 i:a .. ~ ~ - ~-- ~;, William J. Robens, Director_ of George D. Lindberg, City A rney Public 4dorks 3U . ADOP'.I'ED AND APPROVED BY THE CITY COUNCIL OF TfIE CITY OF CHULA VISTA, CALIFORNIA, th.i.~ 26th day of August _, 1975 by the following vote, to-wit: AYES: CourceiZm,en S3gdaiil, Scott`Hamilton, :Iydc LIAYES: Cnun~i7,rren :Zone P.BSF.NT: Counci Zmen iioL~el >ma> '~. ~:ar.:ilton, Jr. of the City of Chula Vista ATTEST /s/ Jennie ii. Fulas2 Ci;iy Clerk STATE OF CALIFORNIA ) COUNTY OF SAI4 DIEGO ) ss. CITY OP' CHULA VISTA ) I, JENNIE M. FlILAS7., City Clerk of the City of Chula Vista, CaZzfornaa, DO HE'1?E6Y CERIF'P that the abCJB and fcrego~ng zs a full, trv.e and correci eopzf of F.esolution `:~io. 7874 and that the same has noi; been amended or repealed. UATL'U R?~uyust 26, 1975 !:'s'/1L) / Ci~ Cher CC-660 ~~ 7 31 AGREEP~lENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IDIPROVEMENTS ON THE UNNAMED STREET (NOW KNOWN AS A PUBLIC ALLEY) BETWEEN SECOND AVENUE AND MINOT AVENUE SOUTH OF "D" STREET THIS AGREEMENT, made and entered into this 26th day of August , 1975, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and LIATHAN L. AND LINDA JO THOMAS, husband and wife as joint tenants, 145 Second Avenue, Chula Vista, California 92010, hereinafter referred to as "Property Owners"; V7 I T N E S S E T H WHEREAS, a condition of approval of Tentative Map No. 5-75 is to improve the\street right of way of that unnamed street between Second Avenue and Minot Avenue south of "D" Street, adjacent to the parcel to be created by said tentative map, and WHEREAS, it is desired by Property Owners to defer the installation of said improvements until the project for the total improvements of said unnamed street is undertaken. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree to install the following im- provements in said unnamed street: Type "G" curb & gutter, 67 L.F. @ $4.00/L.F Sidewalk, 230 S.F. @ $1.20/S.F. Driveway approach, 120 S.F. @ $1.80/S.F. A. C. Pavement, 1106 S.F. @ $0.50/S.F. Roadway excavation, lump sum Contingencies Engineering preparation of plans and construction staking Sub Total Attorney Fees Total Cost $ 268.00 276.00 222.00 553.00 381.00 $1,700.00 200.00 1,900.00 375.00 2,275.00 225.00 2,500.00 2. That Property Owners, Nathan L. and Linda Jo Thomas, in lieu of making the improvements as set forth hereinabove agree, covenant and promise that they will install, construct or cause to be installed or constructed said improvements at the time the said unnamed street is to be fully improved. 3. For the faithful performance of the promises and cove- nants herein contained, Property Owners hereby grant to the City of Chula Vista a lien upon the propezty herein described, and in the event that Property Owners, their successsors, heirs, assigns, or transferees, 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: ~ ;~ - 1 - 32 (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 Owners, their 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 Owners agree 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 Owners, their heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 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. 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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set Forth. PROPERTY OWNERS App v s to f m ,e°_E~ ~c.2,~<~ " ~ (Attach Notary Acknowledgment) City Attorney ~ ~~'~ muF rrmv nF rurTT~A ViRTA To <o cw p-vat qq (Individual) a)J J~TITIE INSURANCE J AND TRUST STATE OF CALIFORNIA ATICOR COMPANY COUNTY OF San Diego ss. On `7U~-y ~-Sa x-975 before me, the u ndersigned, a Notary Public in and for said T state, personally appeared Nathan L. Thomas and Linda Jo Thomas W i ' W J ,known to-me ~ to be the person _S whose names are subscribed m to the within instrument and acknowledged that they executed the same. OFFiC1AL SEAL. r WITNESS my hand nd o~cial seal. ,~ a '~"` F3ETTY J. RUSK /~~j a ~ nOTARY pUBLIC•CAUFORNIA ~' Signature ~~ t"~ - t SAN DIEGO' COUNTY Ma. A1y Comnlission Ezyires Mar.6, 1978 Betty Rusk ._;. .y. "' Name (Typed or Printed) (TM1B area tar olaciel notarial reap \ . 3~ i ~~~ ~~- -` ', ~ ~' ~; ~ ~l ~ I ,^ I ~ ~i I i' y' ! I I _ - ; I_;~- ~ ~ I I `! ' ! ~ I i I ~ ~~ I ~' a ~~ ~~ ti -s'' / n w 2 ^~ ~.. J ~~ ,;` _ `~\