HomeMy WebLinkAboutReso 1972-6612zen recorded, please return to : 11rwR ~~~6r~~ .
_ FILE/F~,~L ~~~;.
_~' Tennie M. Fulasz, Ciry Clerk liO~K ~'~'°'°°'~
'~ '~ ~ P. O. Box 1087 ~ "/~j~,E'~ f#~~~1~~j 0~
Chula Vista, California 92012 ~~5~.~~~Ijy ~~~€tK
OC1 I ~ 9 49 ~M'~~
o~riciA~ ~•~conoj
hrsol~n'i'Zq,1 No. -, fANDi 00 0 `~ , ~44~~,
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RI;SnI:,U~ IOJ (~I? ~?'III (C'I'Y COUt~C ]:L OI' Tt~I~ CTTY OF CIIUa:,11 ~~ F~E
~JISTT., L11~ 1,(}_T;1 ?; 'i'iT? x`?,hl,'.T.TL OI' !':.{I-; T~Jh`.I'l.T_~i:?1'I'C?i1
OF CF;P.'I'%~~T:;'v PL?i~I:~IC I'`PI:~)VI~"'il~~~`i'C OD7 `1'i1 PI:OPER~Y O~'~.'.ZT;D
BY TI1F t'IF:~T SOU`l'I1}~'F~1 Is~~LP~['IS'1' CHURCH ADJACENT `1'O 335
CHL?RCII A~.','ivUE
`t'l)e City Council of the City of Chula Vista does hereby
resolve as f_ollo~~~s :
j~IIiERLT~,S, cn the 2~'th day of August, 1972, the Planning
Commission of thy. City of Chula Vis~-.~~, in accordance ~~~ith tl:e pro-
visions of Sect=ion ?_7.507 oL- the Chula Vista Cit1.J Code, authorized
a delay iri tl~ie installation of_ certain iriprovernents on the property
owned by tl.ze First Southern I~aptist Church, adjacent to 335 Church
Avenue in the City of Chula Vista, and
G~1HEF.FAS, said property owners agreed to furnish to the City
of Chula Vista a lien on said property, in an amount sufficient to
construct said im~arovements.
NOId, THFRI~'FORE, BE Iii' RESOLVED that the City Council of the
City of C}iu_la Vista dogs hereby authc>rize the deferral of tree installa-
tion of c.ertai_n public improvements on tl~ie property described herein-
abOVE'_, In aCCarda.nt`E_' tdi ±~~ +.?.ic rC`+nt'~u ~~_?,"i~?~3,t;.Gn:;vf -i~:ii 1 iallri:LiiCj C~vl:i.:=S:~:LCri.
I3E IT FURTHER P.LSOL~VED that said Council does hereby accept
said offer of a lip?z on said property to insure the completion of
said imp°ovei~ients; a.nd t.lrat the City C1_erl; of tl~e City ~f Chu_la V:iSta
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 FUY.~i~HEP. RESOLVED that the bia1~or of the City of Chula
Vista be, and he is hereby authorized and directed to sign the Agree-
ment for the Deferral of the Installation of Public. Improvements ~,~hich
cantai_rzs said lien.
Fresented by Approved as to form ley
~'
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,._~ r i --r .._ ~
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Lane 1:'. Col- e- , Director of George D. Lindberg, Clty Attc.rney
Public ~°7orks
~~~/,~
i~'"9
._ Y«r
AG RI,L~;1`'?r;t~d'I' FOR '~'Il}~ DI~F:R.}:AID OF TI}E INSTALLATION OF
PUF>LIC' ALLEY II'':'FtC)V};I'i}'~%i`.I';> Oi~T `l'II}', I'RO}'EF~1'Y OYr 1F~~D
BY TI3}, J~ II?S`.P :IOU~I'IiL1~_N I3~~1?`s'IS7' CIIU}.:CFI, AD~~ACl;fJ'I' TO
335 C:IIU}ZCII A~iI:i~IU~L IN TIII. C:CTS' OI' CIIULA VI~iTA ANU
LIJ';N SI3CUR I1~dG `1'ILI; FUTIII::~: I:J::,T~'iLL7~TlON~ OF SAID
THIS ACR_?~1~,MI:i?'i'; made ar~d eizter_ed .into this ?_6tlr day of_
Scht.enil~cr , 1.972,
munic:i;>a.l cor.poxation,
FIRST SUUTIFRi~d 1sAI?'I'IST
Owners"; by and bet~recn `I'HF:
hcr_cinafter refer.rec~
C}IURCH, hereinafter C]:TY OF CF~iULA
to as "City",
referred to as VIS`1'A, a
and THE
"Proper. fry
Pd I T II F: S S E T II •
[aFII.RI.AS, Property Ocaner.s have applied to the Planning Commis-
sion of tl~e City of Ch.u_a Vista }=or an exemption to the provisions of
Section 27.504 0{ the Cr,ula Vista City Code, in accordance with the
requirements anti condi_tiozrs of Suction 27.50'7 of_ said Code, which pro-
vides, generally, i=or tl.e install~3tion of certain public improvements
upon an;~ dedicate-~d street or. streE.t:s adjacent to a lot or parcel upon
which a str_uctuxe or building i.s to be installed, erected, o_r moved
upon, ~~.nd
~~7IIERrAS, said :'ection 27.507 provides that if the Planning
Commission, in its disc,.ction, feels that said installation of public
improvements ~~~ould cause a defect:.a_ve condition to the property, or it
would. he extror.;ely im?~ractical to :ir?stall or construct the same, then
the P1_anninq Cox;lmissior.; upon finding that grounds far. said exception
from the rec-;uir_c~l:er~ts oA Section 27.504 were reasonable and were i_n
confo7_niar,ce wit]1 the r_cquirc'r~~ents o,r Cect;_nn ?7.507 for.. said ex r::;sticn,
ma._y grant said exer~lption, tahich may be limited to a specified period
of time, and
~~TFIERIsAS, the Planning Commission, on August 28, 1972, did
granf~ said request far an exemption to the provisions of Section 27.504
on the; conditions set forth hereinafter, for the alley adjacent to
335 Church Avenue in the City of Chula Vista, known and designated as
Lots 1, 7_, 3 and 4 of F~locl; 5 of Chula Vista Villa Tract No. 2 per Map
thereof Pdo. 1?.06, and did find that the grounds for said request for
an excm~tion were reasonable and were in conformance with the require-
ments of Section 27.507.
NO[•7, TIIElEFORJ~, IT IS MUTUALLY AGREED by and between the
parties hereto as folloss:
1. That Pw-o,_;erty Owners, THE FIRST SOUTHERN BAPTIST CHURCH,
in lieu of making the i:,;proveraent:s specified herein, prior to final
inspection or the giving of a certificate of occupany, agree, Covent
and promise that they taill 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 covenants
herein contained, Property Owners hereby grant to the City of Chula
Vista a lien upon the property h.er_ein 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
times specified herein, they agree that City may do any or all of the
following:
(a) Install or construct said improvements by contract
or. othr.r-~~ise, and permission is her_cby granted to City or
its contractor and contractor's employees to enter upon
any portion or portions of s~ii.d property reasonably
necessary for said construction, and the entire cost
and e;;>>ense of said improvements shall be charged against
said prol~crty grid said cost and expense shall be payable
~ ~~ /~
1~~0
by Property Owners, their successors, heirs, assigns
ar assignees, imn~edi_ate.7_y upon campleti.on of :aid
improvcnu,n.ts, and in the c.vc~nt t}ze :~an~~e is noi.. paid
within thirty (?0) days from said cornplction, the
City may foreclose staid ].:i_c=zz, as provided by law for
the forer.losure of_ r,~ortgac;c~~;, and Pi°operty U~Tners
agree th«t the ~-!mount of :-;aid l.i.en includes attorney' s
fees w}~ic}z s}za7.1 bc~ taxed as a cost in any suit or
foreclosure.
(b) Di_r_ect the Director of i'ubli_c t~orks to estimate
the cost. of the ~<rorl; required to complete said improve-
ments, and foreclose said lien in said amount.
(c) Forecl-ose said lien as a mortgage.
(d) Pursue any other remedy, legal or equita}~7e by
law, far the forecl-osui-e o~= a lien, and Property Owners,
their heirs and ~~ssi_gns, s}z~~.ll pay reasonable attorney's
fees to be taxed as a cost in said proceedings.
3. At any tune during the per_i-od herein provided, Property
Owners, their heirs, assigns or transferees, may make a cash deposit
with the Ci.t.y in the amount estimated by the virector of Public Works
to cover the total cost of the impi:oveznezZts. 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 sa_~d cash deposit is c~~ithdrawn from the City, said agreement
shall be recorded. If this agreement has been reco_r_ded and then said
cash deposit is made, the City may release said lien of record and
hold this ag~~eement or any new agreement unrecorc7~d as long as said
cash deposit is left with the City.
4. ~1'he work to be performed and the cost of said improve-
ments and the amount of this 7_ien is the sum of $?,000.00, and said
work shall be done in accordance with p1a.~~s and specifications on file
in the Office of the Director of Public P~orks, and shall consist of
that `vYOi"'fi S:N.eClfl~:ally deferred by the caCtlGn Of t:iie PI_arlning Cammis-°
sion of the City of Chula Vista, as follows:
2,000 S.F. 5" thick P.C.C. alley paving = $3,000
Earthwork = 2,000
Engineering plans and surveys = 1,500
Contingencies = 500
Tatal Lien Amount ................... 7,000
IN WITNESS tdaERPOF, the parties hereto ha-ve caused this agree-
ment to be executed the day and. year first hereinabove set forth.
THE CITY OF CHULA VIS^1A /I THE FIRST SOUTIII;RN BAPTIST CHURCII
;,
..i,~ ~ ~, ~ y/ .,. ~i ~~'1,~ ~ I / '~ ~ .1 ,
c ~ 1 ~ b C ~1 ~ ,_ ~~. , . _ _ _ _. _ _ i
C \... tom..
Mayor oflthe City of Chula Vista Chairman of the Board of Trustees
_ -,
' ~' '~-~""--. i ~ ~ ice' _ _-
ATTEST ~ ~~,} `. % ..~ - ~ ~ -,~'` t ;c ~"=_'' ,:.. _ __
City Cler}: ~ Vice-Chairman c = the Board of Trustees
Approved as to form by
1 c"' / ~ ~ ~~~-- ~~
Cite Attorney '%"
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1~~1
ADOPTED AND APPRnVED BY ~i'il. CITY COUNCIL OF TIfZ~ CITY OI'
CHULA VI ~'A, CALII'Of?~1IA, ill ~s 2Cith
by -the :following vote , to--wl t
clay of September 1° 72 ,
AYES: CUU~'iC~c..Ern~.vi~ fiyde, E dahi, Scott, (lobe] z Hamilton`~_ ~_
NAYES: Cvu~zC~..~rr~e~2 None
ABSENT: CauvtC-c~meiz idone
~~v7 _/ f.~ ~ _
~_ _
~_ ~1.iayotc a 1s ~C'h~' ~tixy v ~~Chu.e- < V,co-~a~
~~ ~=
ATTEST ~-~,~ C.:- ~,',l L' ~~_ ~<:<~`.,~
~.ty ~'e7r ~ _
~~%
STATE OF CALIFORI~~IA )
COUNTY O1' SAN DI;/GO ) ss.
CITY OF CHULA VISTA )
I, 7~NNI~ M. ~ULASZ, C-c~y' C2en-fz ~~ ~12e C-cxy o ( C~u~.a Vti~~a,
Ca~.~,~o~n-ia, DD f~~R~Py CERTIFY ~td1a-~ ~l~e abovrc ai'lC~ ~j~negu~rtg ti~ ci ~uk.~,
-~nue a~td cc~~}r.ec-~ carry e~ Resolution No. 6b12
a~2d ,~ha~ .the .same liar na,t beevt amevtd~d otr. Zehza.-led.
DATFD: -October 10, 1972
,7 L It-~c - /~?~ ~. ~ ~~' ~~
~~~/Z
RESOLUTION NO. ~,~,~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY THE FIRST SOUTHERN BAPTIST CHURCH ADJACENT TO 335
CHURCH AVENUE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 28th day of August, 1972, the Planning
Commission of the City of Chula Vista, in accordance with the pro-
visions of Section 27.507 of the Chula Vista City Code, authorized
a delay in the installation of certain improvements on the property
owned by the First Southern Baptist Church, adjacent to 335 Church
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.
NO~V, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby authorize the deferral of the installa-
tion of certain public improvements on the property described herein-
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 completion of
said improvements, and tYiat 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 Agree-
ment for the Deferral of the Installation of Public Improvements which
contains said lien.
Presented by Approved as to f~m,,~
~~~ -~ `~
~-~Z C~ ~ ~~vYG~%
~,_. ~~~
Lane F. Cole, Director f George D. Lindberg, City Attorney
Public Works
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th
day of September , 19 72 ,
by the following vote, to-wit:
AYES: C~u~,e.ti.~me~, Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES: CGU~C-c.~.mev~ None
ABSENT: Cauv~e~.~.men None
ayorz c~~ ~G~~ C.c~y ~{~ C u Vti~s~a
~~ r
ATTEST ,- " ~i-72-G~ `' ~~`~ 1. `~C-c-
' ~ .c y e fc.
-;
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, J~NNI~ M~ ~ULASZ, C~c~y C2enfz ~~ ~h~. C~.~y a~ Chu~.a Vti~,~a,
Cak~.~~nv~~.a, 170 H~R~F3y Ci=RTI~y ~ha~ the abv~~. avid ~un.ega~ng ti~5 a ~u.~-~,
~nue avid cannec~ c~~y a{~
avid ~ha~ the game hay n~~ beev~ ame~.ded pie rc.e.~ea~.ed.
DAT~~:
C ~,~ y e ~c.
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
PUBLIC ALLEY IMPROVEMENTS ON THE PROPERTY OWNED
BY THE FIRST SOUTHERN BAPTIST CHURCH, ADJACENT TO
335 CHURCH AVENUE IN THE CITY OF CHULA VISTA AND
LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS
THIS AGREEMENT, made and entered into this 26th day of
September , 1972, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and THE
FIRST SOUTHERN BAPTIST CHURCH, hereinafter referred to as "Property
Owners";
W I T N E S S E T H
WHEREAS, Property Owners have applied to the Planning Commis-
sion 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 pro-
vides, 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 August 28, 1972, did
grant said request for an exemption to the provisions of Section 27.504
on the conditions set forth hereinafter, for the alley adjacent to
335 Church Avenue in the City of Chula Vista, known and designated as
Lots 1, 2, 3 and 4 of Block 5 of Chula Vista Villa Tract No. 2 per Map
thereof No. 1206, 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, THE FIRST SOUTHERN BAPTIST CHURCH,
in lieu of making the improvements specified herein, prior to final
inspection or the giving of a certificate of occupany, agree, Covent
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 covenants
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:
(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
- 1 - ~~ ; ~:/,~
.' ._ -
by Property Owners, their successors, heirs, assigns
or assignees, immediately upon completion of said
improvements, 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 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 $7,000.00, 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 Commis-
sion of the City of Chula Vista, as follows:
2,000 S.F. 5" thick P.C.C. alley paving = $3,000
Earthwork = 2,000
Engineering plans and surveys = 1,500
Contingencies = 500
Total Lien Amount ................... 7,000
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA THE FIRST SOUTHERN BAPTIST CHURCH
~ x
Mayor ~ the City of Chula Vista Chairman of the Bo o~~Trustees
~ .~> ~ ~ a
ATTES ~ ~ - ~ ~
~! ...1 L >L E -<< aC a1 ~ r~7
City Clerk Vice-Chairman the Board of Trustees
Approved as to form by
~~i~1k
~' ~ ~,~i~ ~..~
Cit Attorney
2 _ /
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