HomeMy WebLinkAboutReso 1972-6645RESOLUTION NO. 6645
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION
OF CERTAIN ALLEY IMPROVEMENTS ON THE PROPE RTY OWNED
BY DR. JOSEPH N. FIELDS AT 272 CHURCH AVENUE IN THE
CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 21st day of August, 1972, 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 Dr. Joseph N. Fields at 272 Church Avenue
in the City of Chula Vista, and
WHEREAS, said property owner 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
.zt~
Lane F. Cole, Director of George D. ndberg, City Attorney
Public Works
Resolution No. 6645
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 31st day of October ,
1972, by the following vote, to-wzt:
AYES : Cr~une~.~.men. Egdahl, Scott, Hobel, Hamilton, Hyde
NAYE S : C G uv~ L~.2m e ~ None
ABSENT: CUUneti~.mev~ None
/s/ THOMAS D. HAMILTON JR.
aya~. ~~ x~~e .~~y ~~ ~~ ~ ti~~~
ATTEST /s/ JENNIE M. FULASZ
C,c~y en.
STATE OF CALIFORNIA a
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA ~
I, JFNNIF M, FULASZ, C~.~y C.~e~.lz cs~y ~d1~, C~.~y ;,~ CVci,i.~a Vti~.ta,
Ca.~~.~v~.v~~.a, DO H~R~By CFR7IF~ ~~a~ the abase ~,tYid v~n,e~~ti~y ti% u va~~,
.~.~c~.e a.~d cann.ec~ cagy c~{j` Resolution No. 6645
aid ~ha~ ~h,e name had n~~ been amerideci Jn ~e~eu~.ed~
DArF~ ~ October 31, 1972
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 31st
day of October , 1°7 2,
by the following vote, to-wit:
AYES: Cauncti2me,n Egdahl, Scott, Hobe 1, Hamilton, Hyde
NAYES : Ca unC.c.~men None
ABSENT: Caunc~,.2men None
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ATTEST - ?z }Z.~
~ ti~ y et1.
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, J~NNI~ M. ~ULASZ, C~.~y C2.enh e~~ the C.~~y a~ C~.u~.a Vti~,~a,
Ca~.ti~~nn~.a, DO H~R~13y C~RTIFy ~ha~ the abase and ~an.egating ti~ a ~u~..~,
~nue and cannee~ cagy a~
and ~ha~ the game hay nab been amended orc nepea.~ed.
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C~.~y e~Fz
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n recorded, please return to: 1 X3.1-`~~
Jennie 1\'~. Pula~r., City Clerk.
P. o. ~~X Ios~
Chula Vista, ~;alifornia 92012 RESOLU`.i'1ON NO. ~i€~45
RE:;OLU'1'IC)T'? OF TII}; CTTY. COU1?:`iI, Ol~ TII}; CITY OF CIIULA
VISTA, AU`I'HORI'LTNG TI}F;' D)~I'LP.R71L OI` '1'HI:, INS`l'ALi_~117'ION
OF CER'T'AIN ALLEY T~~IPP.OVL'.MEi~dTS ON '1~'HI~; PROPERTY OtVN1sD
}3Y DR. JOSliPI3 N. FII-;LDS AZ' 272 CHURCH AVENUE IN THE
CITY OF C2ILTLA VISTA
'T'he City Council of the City of Chula Vista does hereby
resolve as follot~~s:
WIIEREAS, on the 21st day of August, '1972, the Planning
Coi~ur:ission of the C_t:y of Chula Vista, in accordance with the
provisian5 of Section ?_7.507 of the Chula Vista City Code, autho-
rized a delay in tiie installation of certain improvements on the
property owned by Dr. Joseph Iv'. Fields at 272 Church Avenue
ii: tYie City of Chula Vista, and
WHEREAS, said property owner agreed to furnish to the
City of Chula Vista a lien on said property, i_n an amount sufficient
to construct said improvements.
NOW, THF'REI'ORE, 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 Conunission.
BE IT FURTHER RESOLVED that said Council does Yxereby
accept said offer of a lien orr 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 FURTIiER 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
~i
/ s / LA~tiE F . CQLTr ~ ;~~-t= ~-~ " rl
Lane F. Cole, Director of George D. L dberg, City Attorney
Public t~,or?:s CCC///
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:~nOK 15~t
R CO GE tiEOUESiOF
C;G~. C~~~CiTI~ CLERK
Nou 8 IZ 4~ PM'7~
OFFICIAL ~~~E=CORDS
SAN DIEGO COUNTY.CALIF.
HARLEY F.BLOOH
RECORDER
~Q FED
31`J~)
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
PUBLIC ALLEY IP~PROVEPIENTS ON THE PROPERTY OWNED
BY DR. JOSEPH N. FIELDS AT 272 CHURCH AVENUE IN
THE CITY OF CHULA VISTA AND LIEN SECURING THE
FUTURE INSTALLATION OF SAID IDZPROVEMENTS
THIS AGREEMENT, made and entered into this3lst day of
~~ober , 1972, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and
DR. JOSEPH N. FIELDS, hereinafter referred to as "Property Owner";
W I T N E S S E T H
WHEREAS, Property Owner has 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 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 August 21, 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
272 Church Avenue in the City of Chula Vista, known and designated as
Lot 27 of the Dyer Tract, Map No. 1871, filed December 23, 1925 in the
office of the County Recorder, County of San Diego, State of California,
and did find that the grounds for said request for an exemption were reason-
able and were in conformance with the requirements of Section 27.507.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owner, DR. JOSEPH N. FIELDS, in lieu of making
the improvements specified herein, prior to final inspection or the giving
of a certificate of occupancy, agrees, covenants and promises that he 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 Owner hereby grants to the City of Chula
Vista a lien upon the property herein described, and in the event that
Property Owner, his successors, heirs, assigns, or transferees, fail
to install or construct said improvements in the manner and within the
time specified herein, he agrees 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-
~~~ ` ~~
3200
by Property Owner, his 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 Owner
agrees 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 Owner,
his 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
Owner, his 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 $1,650.00, 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:
6" thick P.C.C. alley pavement, 10'x50' at $1.50= $ 750.00
Earthwork, including subgrade preparation,
lump sum = 500.00
Engineering fee for plan preparation and staking = 250.00
Sub-Total X500.00
10% contingency 150.00
Total Lien Amount .~
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first herein above set forth.
THE CITY OF CHULA VISTA ~ ~ PROPERTY OWNER:
~-~~ ,' i'' E`~ -c ~ ~,x-'
Mayor of he Citys'of Chula Vi to Dr. Jose h N. Fields
ATTEST ~M,~~, G'JJ~ ~, ~~~~,
City C
Approved as to f
.~~-~ ,
City ttorney