HomeMy WebLinkAboutReso 1975-7583
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Form ~P1o. 34 ~,
Rev,.. 3/7~I
RESOLUTION NO . 7ir~
RESOLUTIOI~ OF' TIIE CITY CO Ur+CIL OF THE CITY Or CHULt-~
VISTA, APPRO~JING AGP.EE~IENT BETWDEN TIIE CT_?'Y OF CHULA
VISTA AND ROBERT L. AND PATRICIA J. MERRITT `FOP.
DEFERRAL OF PUBLIC IMPP.OVEP4ENTS ADJACENT T0..~420
CHURCH AVENUE
AND AUTIIORI Z IP1G THE MAYOR TO EXECUTE oAI D A~REEIvIEIJT
The City Cour_cil of the City of Chula Vista does here
resolve as folloc~~s:
NOL~l, TNE'R.EFOF_%,n,F II' RESOLVED that that certain agr2=ment
between THE CITY OF C.IULA VISTA, a municipal corporation, and
ROBERT L. AND PATRICIA J. MERRITT, for deferral of public impro e-
ments adjacent to 420 Church Avenue and lien securing the future
installation of said improvements
dated the 26th day of December , 1974 d cope of
which is attached hereto and incorporated herein, the same as t ough
fully set forth herein be, and the same is hereby approved,
BE IT FURTHER RESOLVED that the City Clerk be, and s e is
hereby directed to record said lien in the office of the San D'ego
County Recorder.
BE IT FURTI.ER RESOLVED that the Mayor of the City of hula
Vista be, and he is hereby authorized ar_d directed to execute s id
agreement for and on behalf of the City of Chula Vista.
Presented by
/s/ Lane F. Cole
Lane F. Cole, Director of Public
Works
George D. Lindberg, City Attorney
ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY F CfULA
VISTA, CALIFORNIA, this 7th day of January , 19 $ , by
the followinc vote, to-wit: .
AYES: Councilmen Scott, Hobel, Hamilton,
NAYES: Councilmen
ABSENT: Councilmen.
ATTEST /s/ Jennie M. Fulasz
City Clerx
Approved as ~~ form b
'e ~ ~ ~
ii ~ ~ - ,ivf~-c,,/, %7
C/
/s/ ''T'homas D. Hamilton, Jr.
~yor of the City of Chula Vest
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CEiULA VISTA)
I~ JENN=E P'?. FULAS:: __, City Clerk of.'; the C:~ty
of Chula Vista, Califc.rnia, P.U I.EREBY CER'I'iFY that the above ls, a null,
true and. correct cony of Resolution No. 7583 , and that the Name has
not been- amended or_ repealed. DATL;D J~~cisgp''-7, 1975 -
2>u.~-
Nome
None
City Clc_~r '' ~~~~~~
1~3 Ib
AGREEPZEDIT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIr1 PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY ROBERT L. AND PATRICIA J. MERRITT, LOCATED AT
THE REAR OF 420 CHURCH AVENUE IN THE CITY OF CHULA
VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF
SAID IMPROVEMENTS ~'
THI5 AGREEMENT, made and entered into this 26th day
of December , 1974 , by and between THE CITY OF CHULA ISTA,
a municipal corporation, hereinafter referred to as "City", and
ROBERT L. and PATRICIA J. MERRITT, hereinaf ter referred to as
"Property Owners";
W 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 f
certain public improvements upon any dedicated street or stree s
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 Pl nning
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 ame,
then the Planning Commission, upon finding that grounds for sa'd
exception from the requirements of Section 27.504 were reasona le
and were in conformance with the requirements of Section 27.50 for
said exemption, may grant said exemption, which may be limited to
a specified period of time, and
WHEREAS, the Planning Commission, on December 11, 19 4,
did grant said request for an exemption to the provisions of S ction
27.504 on the conditions set forth hereinafter, for the proper y
located at the rear of 420 Church Avenue, in the City of Chula Vista,
more particularly described as Assessor's Parcel No. 568-420-1 ,
and did find that the grounds for said request for an exemptio were
reasonable and were in conformance with the requirements of Se tion
27.507.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owners, Robert L. and Patricia J. erritt,
in lieu of making the improvements specified herein, prior
to final inspection or the giving of a certificate of occupanc , agree,
covenant and promise that they will install, construct or caus to
be installed or constructed the improvements hereinafter set f rth
within thirty (30) days of written notice from the Planning Co fission
to install said improvements.
2. For the faithful performance of the promises and cove-
nants herein contained, Property Owners hereby grant to the Ci y
of Chula Vista a lien upon the property herein described, and n
the event that Property Owners, their successors, heirs, assig s,
or transferees, fail to install or construct said improvements in
the manner and within the time specified herein, they agree th t
City may do any or all of the following:
(a) Install or construct said improvements by cpntract
or otherwise, and permission is hereby granted tb 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
-1-
TO 447 CA (4.73)
(Individual)
STATE OF CALIFORNIA
San Diego ~ ss.
COUNTY OF
W
C
W
I
W
J
n.
c
r~ TITIE INSUFi
~~'-'~l~)~ JANDTRUST
ATICOR COMPANY
On n2c-PmhPr ~~ ].,A 7 4 before me, the undersigned, a Notary Public in and for
State, personally appeared Robert L. and Patricia J. Merritt
to he the person _S whose name_ S subscribed
to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
Signature
Betty J. Rusk
Name (Typed or Printed)
known to
5E".~.~ "~' BETTY J. RUSK
1^ NO ~ ARY PUBLIC-CALIFORNI
nSAN D'''':~^ COUfJTY ttrr ~.
~L~FOPN~P M~l-,.~- ~ ~. I.. I .,.~ ~. ~J ~,
(This area for oficial notarial seal)
3. At any time during the period herein provided, Pr perty
Owners, their heirs, assigns or transferees, may make a cash de osit
with the City in the amount estimated by the Director of Public Works
to cover the total cost of the improvements. If said cash depo it
is made prior. to the recording of this agreement, then said agr ement
shall not be recorded as long as said cash is on deposit with t e
City. If said cash deposit is withdrawn from the City, said ag Bement
shall be recorded. If this agreement has been recorded and the said
cash deposit is made, the City may release said lien of record nd
hold this agreement or .any new agreement unrecorded as long as aid
cash deposit is left with-the City.
and expense of said improvements shall be charged against
sand property and said cost and expense shall be ayable
by~Pro~erty Owners, their successors, heirs, assi ns
or assignees, immediately upon completion of said improve-
ments, and in the event the same is not paid with n
thirty (30) days from said completion, the City m y
foreclose said lien, as provided by law for the f reclosure
of mortgages, and Property Owners agree that the mount
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 estim to
the cost of the work required to complete said im rove-
ments, and foreclose said lien in said amount.
(c) Foreclose said lien as a mortgage.
(d) Pursue any other remedy, legal or equitable y
law, for the foreclosure of a lien, and Property wners,
their heirs and assigns, shall pay reasonable att rney's
fees to be taxed as a cost in said proceedings.
4. The work to be performed and the cost of said imp ove-
ments and the amount of this lien is the sum of $2,000.00, and aid
work shall be done in accordance with plans and specifications n
file in the Office of the Director of Public Works, and shall c nsist
of that work specifically deferred by the action of the Plannin Com-
mission of the City of Chula Vista, as follows:
.Y~~er1'!
1. 6" thick concrete surfacing, 500 S.F. at $2.00 = $1,p00
2. Earthwork, lump sum =
Sub Total $l,
00
Engineering plans preparation and construction
staking =
Sub Total ~l,
Contingencies =
TOTAL
00
00
5. It is further understood and agreed that Owners a d/or
their heirs, assignees or successors in interest shall at such ime
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.
THE CITY OF CHULA VISTA ~~
,,-. /~
-. ~,,
,, _ ..
.~ 1 _
Mayor of~ the City of~~Chula ;Vista Robert L. Merritt, Owner
ATTEST ,:, PfL~LZt.. ~/~~ ~J/-c.r..~C~~
.;--,. City Clerk Patricia J. Me itt, O ner
Approved as to form by (Attach Notary)
'' f,,a ,'
~,' ~.._ -
City Attorney <.'
-2-
r ,~
Form No. 342 /~
Rev~~ 3/74
RESOLUTION NO, 7583
RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND ROBERT L. AND PATRICIA J. MERRITT FOR
DEFERRAL OF PUBLIC IMPROVEMENTS ADJACENT TO 420
CHURCH AVENUE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does herek
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agre ment
between THE CITY OF CHULA VISTA, a municipal corporation, and
ROBERT L. AND PATRICIA J. ME RRITT, for deferral of public impro e-
ments adjacent to 420 Church Avenue and lien securing the futur
installation of said improvements
dated the 26th day of December , 1974 a copy of
which is attached hereto and incorporated herein, the same as tough
fully set forth herein be, and the same is hereby approved
BE IT FURTHER RESOLVED that the City Clerk be, and sh is
hereby directed to record said lien in the office of the San Di go
County Recorder.
BE IT FURTHER RESOLVED that the Mayor of the City of hula
Vista be, and he is hereby authorized and directed to execute s id
agreement for and on behalf of the City of Chula Vistas
Presented by
•~
`~ ~
~~ Ar
Approved as to form b
Lane F. Cole, Director of Public
Works
George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY F Cfi ULA
VISTA, CALIFORNIA, this .7:th day of January 19 , by
the following vote, to-wit:
AYES: Councilmen
NAYES: Councilmen None
ABSENT: Councilmen None
~ T7ayor of the City of Chuld Vista
`~ ~~ ~ ,/
AT'TE S "T
City Clerk
STATE OF CALIFORNIA]
COUNTY OF SAN DIEGO) ss.
CITY OF CF-iULA 'VIS°TA~
I, _, City Clerk ofthe City
of Chula Vista, California, DO iiEREBY CERTIFY that the above is', a full,
true and correct copy of Resolution No. and that the s~.me has
not been amended. or repealed. DATED
City Cler