HomeMy WebLinkAboutReso 1975-7621RESOLUTION N0. 7621
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC ID4PROVEMENTS ON THE PROPERTY OWNED
BY THOMAS G. AND JANE M. MONEY, LOCATED AT THE REAR
OF 355 THIRD AVENUE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 22nd day of January, 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 Thomas G. and Jane D4. Money, located at the rear
of 355 Third 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 Approved as to form by
e ~ ~
Willia~J. Robens, Acting George D. Lindberg, City Attorne
Director of Public Works
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 4th day of February ,
1975 , by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES : Councilmen None
ABSENT: Councilmen None
Mayor of the City of Chula Vista
,-~
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ATTEST ,: "'l."~? ~'
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
ss.
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 and
that the. same has not been amended or repealed.
DATED
(SEAL) City Clerk
CC-660
~ Y
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4:~'
(. 7
RESOLUTION NO. 7621
RESOLUTI:Ov' OF 2'III CITY COiJNCIL OI'' TIIE CI`iY OF CIIULA
VIS~i'A, AU'rI.ORILING TIiF DiE')RRI~L Ol~ TIIE ITiS`I'ALLA7.'IOi`1
OF CER'LIiIiJ PURL%C :iJ`1PI~OVI:P.ENTS ON `.CH1~ PP~OPERT`i 0~~;.?IJD
BY `1'IIOI•~LT:S G . AND JANE ICI. MONEY, LOCATED AT TI:E REAR
OF 355 THIRD AVENUE
The City Council of the City of Chula Vista does hereby
resolve as follows:
VTIIEREAS, on the 22nd day of January, 1975, tI-_e Pla.nni ng
Commission of the City of_ Chula Vista, ir. acco~~dance with the
provisions of Section 27.507 of the Chula Vista City Coc:e, autho-
rized a delay i_n the installation of_ certain improvements on the
property oFmed by Thomas G. and Jane M. Money, located at the rear
of 355 Third Avenue, in the City of Chula Vista, and
WHEREAS, said property ovaners 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 dererral
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 corlple-
tion of said improvements, and that the. City C1_erk of the City
of Chula Vista be, and she is~hereby authorized and directe~ to
record said lien agreement and this resolution in i.:~e Office of
the County Recorder of the County of San Diego, California.
BE IT FURTI:?ER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to sign
t:he Agreement for the Deferral of the Installation of Public
Improvements which contains said lien.
Presented by
/s/ F'S111am J. Roben~
~~~~illiam J. Robens, Acting
Director of Public Vdorks
Approved as to form by
7 t / ~ ~ {'~./ .~/ ~'"
George D~Lindberg, City Attorl~?fi
F~~E/PAGE N0~5~'~3a34~+O
BOOK 1975 J
RECORDED RrE`Q,UE/ST ('
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aFFlcl;._,..~ro~~s
SAN DIEGO CGON~i T. CALlF.
HARLE'f F.J~OUH '+~lQ FEE
1210
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 4t}1 day of Fehruarv
197, by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Eqdahl
NAYES : Councilmen None
ABSENT: Councilmen None
/s/ Thomas D. Hamilton, Jr.
Mayor of the City of Chula Vista
ATTEST /s/ Jennie ~++I. Fulasz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
ss.
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. 7621 and
that the same has not been amended or repealed.
DATED February 4, 1975
.(SEAL
CC-660
~1
`' -72- ~ ~Y -C Q'
/ City Clerk
~.
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AGREEMEPdT FOR THE DEFEP.RAL OF THE INSTALLATION OF
CERTAIPZ PUBLIC IMPROVhA4ENTS IP1 THE CITY OF CHULA
VISTA AND LIEsN SECURING THE FUTURE INSTALLATIONd
OF SAID IT~PROVET~ENTS OI~d THE PROPERTY Od~JNED BY
THOD'!~?.S G. AND JAPdF M. T40NEY, LOCATED AT THE REAR
OF 355 THIRD AVENUE
TfiIS AGREEPZENT, made and entered into this 4th daY
of February , 1975, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
THOMAS G. and JANE M. MONEY, hereinafter referred to as "Property
Owners";
~~~ I T Td E S S E T Ii
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, oahich 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
WFIEREAS, 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 specif ied period of time, and
WIIEREAS, the Planning Commission, on January 22, 1975,
did grant said request for an exemption to the provisions of Section
27.504 on t11e conditions set forth hereinafter, for the property
located at the rear of 355 Third Avenue, more particularly described
as Tax Parcel Number 568-313-09, 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.
NOW, THEREFORE, IT IS P~'lIJTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owners, Thomas G, and Jane M. Money,
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 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- ~ ~~ `~
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(a) Install or construct said improvements by contract
or otherwise, and permission is hereby granted tolCity
or its contractor and contractor's employees to enter
upon any portion or portions of said property reajsonably
necessary for said construction, and the entire cost
and expense of said improvements shall be charge' against
said property and said cost and expense shall be payable
by Property Owners, their successors, heirs, assigns
or assignees, immediately upon completion of sai improve-
ments, and in the event the same is not paid wit iin
thirty (30) days from said completion, the City ay
foreclose said lien, as provided by law for the f reclosure
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 esti ate
the cost of the work required to complete said i prove-
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~wners,
their heirs and assigns, shall pay reasonable at rney's
fees to be taxed as a cost in said proceedings.
3. At any time during the period herein provided, Prloperty
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 he
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 arly 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 im~'rove-
ments and the amount of this lien is the sum of $2,000, 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, 506 S.F. at $2.00 = $1,012
2. Earthwork, lump sum = 488!,
Sub-Total 1,5001,
3. Engineering plans preparation and
construction staking = 300
Sub-Total , 0
Contingencies 20
TOTAL $2,00
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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.
THE CITY OF CHULA VISTA
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1` ayor_ of the ity of Chuff Vista
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ATTEST / 1. ,/c c<.- ,i 1 ,_ _ G ~~"~-'~
City Clerk
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Approved as to form b,y
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C ty Attorney ,_
TO 447 CA (4-73)
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego ~ SS.
PROPERTY OWNERS:
_ ~, ..
-, , ~ ~ ~ ~ .
Thomas G. Money
Jane NI. Money
TITLE INSURANCE
AND TRUST
A TICOR COMPANY
on __ January 2 9 , 19 7 5 before me, the undersigned, a Notary Public in and for said
State, personally appeared Thomas G. Money and Jane M. Money
to be the person _S whose name_ S subscribed
to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and of5cial seal.
o='
Signature '~
Betty J. Rusk
Name (Typed or Printed)
known to me
ii"' - -
.,<< N--~ OFFICIAL SEAL
,~ ~~,~;~~°; BETTY J. RUSK
m ~ '~ NOTARY PUBLIC-CALIFORNIA
SAN D!FGO COUNTY
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