HomeMy WebLinkAboutReso 1975-7766
RESOLUTION NO. 7766
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFEP.RAL OF THE INSTALLATION
OF CEP.TAIN PUBLIC IMPROVEPIENTS ON THE PROPERTY 0[^INED
BY ROBEP,T J. AND JOAN S. RICHP.RDS, LOCATED F.T THE
REAR OF 424 CIIURCH AVENUE, TAX PARCEL NO. 568-420-12
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 23rd day of April, 1975, the Planning
Commission of the City of Chula Vista, in accordance with the
provisions of Section 27.507 of the Chula Vista City Code, autho-
rized a delay in the installation of certain improvements on the
property owned by Robert J. and Joan S. Richards, located at the
rear of 424 Church Avenue, Tax Parcel No. 568-420-12, 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.
DIOW, 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 o~ith 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
Chula Vista be, and he is hereby
the Agreement for the Deferral o
Improvements which contains said
Presentedn by
4Tilliam "J. Robeector of
that the Mayor of the City of
authorized and directed to sign
E the Installation of Public
lien.
App,~'r/opyve/d as to//f/or/m by /~j
~/"
George D. Lindberg, City Attor
Public Works
P1E~:,E: ti,tu 91 Y0;
952
Jennie M. Fulasz, Ciry G7erk
P. O. Bos ]OS7 RISSOLUTIOt! N0. 7766
Chula Vista, California 92012 ~-_. __
I2GSOLUTIO?7 CAF THE CITX COLDICLL OIL' THE CITY OF C1fUhA
VIS'PA, AUTI'ORJSI.IG `1IIE DI]PhP,RhL 0'1' THE IPSJ"~'ALLATl:021
OF C I Y'i r,:,_*~I PUP:LIC II4I?P.~ T[ 1I DI':CS C'] iilE I'ROL'i;RT]' ON~417D
B`l ROFs'hRi` J. AT1D JOAT1 S. P.ICHP.P.PS, LOCAThD T.T THE
REP.IZ OP 424 CIIURCIi AVENUE, TAX Pi1kCP.L LIO. SGII-4:20-17_
The City Council of the City of Chula Vista does hereby
resolve as i'.ollo~as:
LdIIEI:L;AS, on the 23rd day of April, ?.975, the Planning
Cor.~nission aC the CiC~,~~ of C""Hula Vista, in accordance with the
provisions of SP.Ci:.Orl 27.501 of t.ie Chula `Jista City Code, autho-
rized a delay ii: the installation of curtain improvements on the
property owned by Robert u. and Joan S. I.ichards, located at the
rear of 42~i Cicurch Avenue, Tax Parcel No. 561-420-12, in the City
of Ciiula Vista, and
41IIEREAS, said property o~oners arreed to furnish to t_he
City of Chula Vista a lien on. sa:i.d, property, in an amount sufficient
to construct said improccrients.
2:O:~1, 7.'IIhRFORL', BE ST R:ESOLVF.D that: the City Council
of the City of Chula Vista does i;ereby aut.hcrize the deferral
of the i.^.~t=11at:!.on ~~f certain public .irnprovernents on the property
described l~ereinabove, in accordance with ±he recomrlendations
of the P:~a.nning Conmission.
BE IT I'URTilI:R RP,SOL`JEP that said Council does herebv
ci[•(1ci T~~. Sai.G Cl(I: i':C O1' Fl lctn bn. SalIX T?)'O l(.,'t. ~r 'iA InSI"_"id th° C:r'-,',a~_..
tion o` said improvenents, and that the Cit_J Clerlc of the City
of Chula Vista be, and she is hereby authorized ar.d fiirected to
record said lien a7rc=:oraent and this resolution in the Office of
the County P.ecorder of t'_ne County of San lliego, CaliP~,rnia.
BE IT PUi?THER RESGLVED that ti7c P_ayor of the City of
Chula Vista be, and he is hereby authorized and directed to sib}7
the A;:ree;-~en'M fer the Deferral of the Installai=ion of Fublic
Imprcvaments which contains said Tian.
Presented by
Approved as to forr,i by
,,~
/s/ William J. Robens i~ ~~~; ~% = '~ "Z~'
[9i~ iar.; J. Ro)~ens, Directar of G rc,c 1)~~ndberu, City Attorxt
Public Wor}a v
~~LElPACE N0.__` 44394
800K 197;;
~j,RECO~iDEU REQUEST OF
~'~ ~" -~-=~/-~~:~GI7Y CLERK
JuN 10 I o~ PN'r5
OFFICIAL RE `oR~s
SAN DIEGO COUN : r• C4LIF.
HARLEY F.! . ;gH
RECORD~a
.`l;`t FFF
y~~}
AGREEbIENT FOR THE DEFERRAL OF THE INSTALLATION OF
CEP.TAIN PUBLIC IMPROVESIENTS IN THE CITY OF CHULA
VISTA AND LIEPI SECURING THE FUTURE INSTALLATION
OE' SAID IPIPROVEMENTS ON THE PROPERTY OLVNED BY
ROBERT J. AND JOAN S. RICHARDS, LOCATED AT THE
REAR OF 424 CfIURCH AVENUE
THIS AGP.EEMENT, made and entered into this 3rd day
of June , 1975, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
ROBERT J. and JOAN S. RICHARDS, hereinafter referred to as "Property
Owners";
G] I T N E S S E T H
WHEREAS, Property Owners have applied to the Planning
Commission of the City of Chula Vista for an exemption to the
provisions of Section 27.504 of the Chula Vista City Code, in
accordance with the requirements and conditions of Section 27.507
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
AIHEREAS, said Section 27.507 provides that if the Planning
Corunission, 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 construct the same,
then the Planning Commission, upon finding that grounds for said
exception from the requirements of Section 27.504 were reasonable
and were in conformance with the requirements of Section 27.507 for
said exemption, may grant said exemption, which may be limited to
a specified period of time, and
6dHEREAS, the Planning Commission, on April 23, 1975,
did grant said request for an exemption to the provisions of Section
27.504 on the conditions set forth hereinafter, for the property
located at the rear of 424 Church Avenue, more particularly described
as Tax Parcel No. 568-420-12, and did find that the grounds for
said request for an exemption were reasonable and were in conformance
with the requirements of Section 27.507.
PdOSV, TIIEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owners, Robert J. and Joan S. Richards,
in lieu of making the improvements specified herein, prior
to final inspection or the giving of a certificate of occupancy, agree,
covenant and promise that they 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 Comr,:ission
to install said irprovements.
2. For the faithful performmance of the promises and cove-
nants 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 successors, 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:
955
(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 cahich shall be
taxed as a cost in any suit or foreclosure.
(b) Direct the Director of Public P7orks 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.
3. 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.
4. The work to be performed and the cost of said improve-
ments and the amount of this lien is the sum of $5,500.00, 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. 6" thick P.C.C. paving, 1700 S.F, at $2.00 =
2. Earthwork, lump sum =
Sub Total
Contingencies
Sub Total
Engineering plan preparation and construction
staking
TOTAL
$3,400
1,000
$4,400
500
4,900
600
$5,500
-2-
956
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 [4ITNESS [°IHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth,
,''~%~~r~' ~ ~„-~r~~t
ROBERT ~/ RICHARDS
OAN v, RICHARDS
Approved as to f rm y
ity Attorney
(Attach Notary)
ro++va uaa)
(Individual )
STATE OF CALIFORNIA l
} SS.
COUNTY of San Diego 111
W
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W_
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~ANDTRUSRANCE
ATCOF COMPANY
On belore me, the undersigned, a Notary Public in and (or said
State, personally appeared Rnhart 7_ anri .Tnan S RiChardc ,
to he the person S whose names are subscribed
to the within instrument and acknowledged that they
execmed the same.
WITNESS my hard and o~cial seal.
Signature '
Betty J. Rusk
Name (Typed or Printed)
known [o me
OFFICIAL SEAL.
BETTY J. RUSK
-~ NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY
My Commission Expires Mar.6, 1978
(TM1ie area lar olliciel notarial Mat)
~3-
muc nTmv nu nurrr.n Trrcmn
953
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 3rd day of June ,
197 5, by the following vote, to-wit:
AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES: Councilmen None
ABSENT: Councilmen None
/s/ Thomas D. Hamilton, Jr.
Mayor of the City of Chula Vista
ATTEST /s/ Jennie M. Fulasz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of Resolution No. 7766 and
that the same has not been amended or repealed.
DATED
(SEAL)
3. 1975
'~ ~E'1Z7Lc~- //J'~ ~Lc~CCt4/.li
Cit -Clerk
CC-660
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