The URL can be used to link to this page

Home My WebLink AboutReso 1975-7780 RESOLUTION NO, 7780 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIiULP. VISTA, AUTHORIZIt1G THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPP.OVEMENTS OI1 THE PROPERTY OWNED BY ALFONSO F. AND ISABEL M. YEPIS, LOCATED AT THE REAR OF 229 GARRETT AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 14th day of May, 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 Alfonso F. and Isabel P1. Yepis, located at the rear of 229 Garrett Avenue 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 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 r. ~ . William J. Robens, Director of Public Works Approved as to form by „ ,~ / ~ ~-: ~- Geo~ Lindberg, City Atto y ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 17th day of June , 19'7 5 by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hvde, Scott NAYES: Councilmen None ABSENT: 'ouneiZmen ~,~. =~- Mayor of the City of Chula Vista ATTEST ; .-~ ~ Cicy Zer< v STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M: FULASZ, City Clerk of the City of Chula Vista, CaZz`.farn~a, Di: HF,REBY CERTIFY that the above and foregoing is a full, true and corneet copy of that the same has not been amended or repealed. DATED SEALi ty CZe and CC-660 Please Return To: Jennie M. gulasi, Ciry ~~ P' O. 13o~o~a 92018 Chula Vista, 327 RESOLUTION 2dO. 7780 12liS0hUTI0Id OF TFIE CITY COUNCIL OF TIIE CITY OF CHULT. VISTA, AUTIIO3~I'LII1G TIIE DEFF,81:717 OI' THE INS'1'11LLATION OF CERTAIN PUBLIC IMPROVEMENTS ON TIIE PROPhRTY OWNhD BY ALFONSO F. AND ISABI:L 11. YEPIS, LOCATED AT TI3E REAR OF 229 GARRETT AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 14th day of May, 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 o4med by Alfonso F. and Isabel M. Yepis, located at the rear of 229 Garrett Avenue 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 arlount sufficient to construct said improvericnts. 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 here in above, 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 resol~rt:ion in the Office of the CGUnty Recorder G~ Se Cou..~Y of San D>eg~, Ca1__o__n1a, 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 /s/ William J. Robens 47r11>.ara J. Robens, Director of Public Works Approved as to form by George D. Lindberg, City Attoz`rtey '75-160549 FILE/PACE N0. BOOK 1Q~5-~ ~ [Cu} 0 RE~Ui.ST OF ~~~lY CLERK ,fur 1~ 2 os PM'15 OFf ICIAL RcCDRu:7 SAN OIEG~ COUNTY.CaUf. NAdIET f.9L00"+ RECORDER 328 AGREEb1ENT FOR THE DEFERRAL OF THE INSTALLATION OF CEF.TAIN PUBLIC IDIPROVEPIENTS IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE IISTALLATION OF SAID IMPROVEb1ENTS ON THE PROPERTY O47NED BY ALFONSO F. AND ISABEL M. YF.PIS, LOCATED AT THE REAR OF 229 GARRETT AVEPIUE THIS AGREEMENT, made and entered into this 17th day of June , 1975, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and ALFONSO F. AND ISABEL b;. YEPIS, hereinafter referred to as "Property Owners"; V1 I T I1 E S S E T H WIiEREAS, 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 WHEREAS, said Section 27.507 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 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 WHEREAS, the Planning Commission, on I~1ay 14, 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 229 Garrett Avenue, more particularly des- cribed as Tax Parcel No. 568-061-03, and did find that the grounds for said request for an exemption were reasonable and were in conforntance with the requirements of Section 27.507. NOW, THEP,EFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follocas: 1. That Property Owners, Alfonso F. and Isabel M. Yepis, 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.aq, 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 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: - 1 - 329 (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- rlents, 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 estirlate 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 agreer~lent shall be recorded. If this agreement has been recorded and then said cash deposit is made, the City raay 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 $1,500.00, 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: 5" thick P.C.C. paving, 352.50 S.F. @ $2.00 Earthwork, lump sum = Sub Total Engineering plans, preparations and con- struction staking Sirb Total Contingencies TOTAL _ $ 705.00 300.00 $1,005.00 295.00 $1,300.00 200.00 $1,500.00 -2- 330 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. IDI WITNESS GdFIEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF Cst3ULA VISTA ayor o the City~'~J~o//f Chula Vista AL OI7S0 F. YEPI~ ATTEST ~~/ L7Z Gf - // ~ ~~lld-' ~•a~C O ~ ~~' tiau<> City Cle k ISABEL l1. YEPI Approved as to form by ~ ~ ~ ~~ ity Attorney w x W J i m (Attach Notary) TO 9Cl CA (<.p3) (Individual) TITLE INSURANCE AND TRUST STATE OF CALIFORNL4 San Die O SS. RmCOn COMPANY COUNTY OF g On Mg~r ";0 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared A l fori O F and T Ca h 7 M V pl S to he the person S whose name_ S sobscribed to the within instrument and acknowledged that they execmed the same. ~ ~- WITNESS my hand man/d.~/o~cial seCal_^[_ `~f~.[-l.a-/l~- Signature /~1F>!~!`=ate- _A ._ Betty J~Rusk Name (Typed or Printed) known to me OFFICIAL SE/LI, ~. """" BETTY J. RUST( NOTARY GUBLIC-CALIFORNIA SAN DIEGO COUNTY MyCommission Expires Mar. 6, 1978 (TM1b me tar oTcial mt¢tltl wean - 3 - 331 SC4GE: i"=: ioo ~~ nAJ~ fJEF~(2rQ.4L OF PfJRLOC /~s~l.~.~~'d/EN/E!lITS /N ALLEY BETWEEN Cs.4ak'ETT QN/3 LANl3/S ,AVENL/ES. /C ~7~ ~~ rx~~~ yiciiviTY atav ~\ NO SCALE 332 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 17th day of June , 1975 , by the following vote, to-wit: AYES: NAYES: ABSENT: Councilmen Councilmen Councilmen Hobel, Hamilton, Hyde, Scott None Egdahl /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. 7780 and that the same has not been amended or repealed. DATED 17, 1975 ~5EAL) ~ City Clerk CC-660 ~~~