HomeMy WebLinkAboutReso 1975-7691RESOLUTION N0. 7691
RESOLUTION OF T~iE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATIOIQ
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY O4v'NED
BY SOUTH BAY PIONEERS, INC., LOCATED AT 270 "C" STREET
CHULA VISTA, CALIFORNIA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 8th day of May, 1974, 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 South Bay Pioneers, Inc., located at 270 "C"
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 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 FURTfiER RESOLVED that the D~ayor 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
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William J. Robens, Director of
Public Works
Approved as to form b
George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 1st day of __April ~
1975 by the following vote, to-wit:
AYES : Councilmen
NAYE S : Counei Zmen
ABSENT: Councilmen
~~
Hyde, Egdahl, Scott, Hobel, Hamilton
None
None
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ATTEST ~ .Z ~~cE ~ ~; ~, ~~ ~~/~ ~
Ci y Zerk
f ,
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
CC-660
City CZer
~~_`'~.~
AGREEMENT I'OR TIIE DEFERRAL OF TIII. INSTALLATIOII OF
CERTAIN PUBLIC IMPROVI~IENTS II7 TIIE CITY OF CHULA
VI5TA AND LIhN ShCURING TIIE FUTURl; IIISTALLATlON
OF SAID IMPROVL'TIENTS ON TIIE PROPIJP.TY OWNED BY
SOUTH BAY PIONEERS, INC., LOCATED AT 270 "C" STREET
TIIIS AGREEI~iENT, made and entered into this 18th day
of March , 1975, by and between THE CIZ~Y OF CHULA VISTA,
a municipa corporation, hereinafter referred to as "City", and
SOUTH BAY PIONEERS, INC., 270 "C" Street, Chula Vista, California,
hereinafter 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 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 ti.me," and
WHEREAS, the Planning Commission, on the 8th day of May, 1974
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 270 "C" Street in the City of Chula Vista, more particuiar_ly
described as the Easterly 360 feet of the Northerly Half of Lot 3 in
Quarter Section 136 of CHULA VISTA, in the City of Chula Vista, County
of San Diego, State of California, according to Map thereof No. 505,
filed in the Office of the County Recorder of San Diego County,
March 13, 1888, and did find that the grounds for said request for
an exemption were reasonable and were in conformance with the require-
ments of Section 27.507.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owners, SOUTH BAY PIO~~EERS, INC.,
in lieu of making the improvements spec ificd herein, prior
to final inspection or the giving of a certi_fi_cate 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 O~,ner.s, their_ successors, heirs, assigns,
or transferees, fail to install or constr.uc t said improvements in
the manner and within the time specified herein, they agree that
City may do any o.r a]_1 of the following:
;:
1` ~ r r
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(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 6~TOrks 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, sha]_1 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 tota]_ 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 $25,000.00, 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. Type "G" curb and gutter, 360 L.F., lump sum = $ 1,365.
2. Sidewalk, 1800 S.F. at $0.90 = 1,620.
3. Driveway approach, 527 S.F, at $1.00 = 527.
4. A.C. surfacing, 6436 S.F. at $0.50 = 3,218.
5. Roadway excavation (4000 C.Y.approx.) lump sum = 14,000.
Sub Total $20,730.
Engineering plans, preparation and const. staking 1,270.
Sub Total $22,000.
Contingencies 3,000.
TOTAL 2 ,000.
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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 par. ties 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
Mayor. of the City of Chula Vista
ATTEST
City Cler}:
Approved as to form by
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City Attorney j'~~
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego } SS.
SOUTH BAY PIONEERS, INC.
~-- ~"__
By: Niek Slijk, Preside
J Joseph Cody, Secretz~~ry
(Attach Notary)
O
On March 18 19 75 before me, the undcrsigned,'a Notary Public in and for said
State, personally appeared _Niek S l i i k
known to me to be the President, and JOSeph COdy '
k?own to me to be _.__________ Secretary of the corporation that executed the within Instrument,
known to me to he the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
Of dn'eclors• rrr.znrmr rrre~r e~e.wmme..,mrrrw ~~
WITNESS my hand and official seal ~ ~'=M' OFFICIAf_ SEAL ~
6 I r „
i r'° ~l LORfA1NE A. Y.RAKER ~
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/I ~~ R ~y r y7 N~tary• public -California ~
Signahu•e ~ c~'L~t<~~~,_r~, (~( T1 tc . - E __. SAty DIEGO COUtJTY ~
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My Commission Expires June 12, 1976 ~
Lorraine A. Kraker ~°°°""°""`~'`"°'° `~"~'°"`"'°'°~
Name (Typed or Printed)
(This area for official notarial scaly
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