HomeMy WebLinkAboutReso 1973-7007~. ~
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Form No. 342
Rev. 9-71
RESOLUTION NO. 7007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VI5TA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND MICHAEL J. AND MARGARET L. ROARK AND JOHN A.
AND ANNA E. ROARK INSURING COMPLIANCE WITH ALL REQUIRE-
MENTS OF THE CITY FOR APPROVAL OF A PARCEL MAP
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that. certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
MICHAEL J. AND MARGARET L. ROARK and JOHN A. AND ANNA E. ROARK,
insuring compliance with all requirements of the Department of
Public Works and Planning Department of the City of Chula Vista
for approval of Parcel Map
dated the 4th day of September 19 73 , a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to record said agreement in the office of the San
Diego County Recorder.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
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George Lindberg, City Atto y George D. L ndberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 4th day of September ~ lg 73 ~ by
the following vote, to-wit:
AYES: Councilmen
NAPES: Councilmen
ABSENT: Councilmen
Scott, Hamilton, Hyde
None
Hobel, Egdahl
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ATTEST Gvt-f"
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
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Mayor of the City of Chula Vista
I, City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true
and correct copy of Resolution No. and that the same has not
been amended or repealed. DATED
City Clerk
arret ~
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~~jj RESOLUTION N0. 7007
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.:Form No . 3~ 2
Rev. 9-71.
RESOLU`T'ION OF 'I'HE CI`T'Y COUNCIL OF TH}~ CITY OF CHULA
VISTA",, APPI::;G'I:~?C ?~Gi:E1si~1PNT I?i;Tt-^.F:EN Tr'.I i':Ii'Y 01 Clilii~A
VISTA I~Nll MICIi?1?,~,L J. AND MARGARJT L. ROAR'r: AND JOIi:~? A.
ANll ANNA E. ROARn INSURING COMPI:,IANCE WITIi ALL REQUIRE-
MENTS OZ' THE CITI' FOR APPP.OVAL OF A PARCEL P~IAP
AND AUTHORIZII`?G THE MAYOR TO 1:XECUTE SAID AGREEME~~T
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, TIIEF.EFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
MICHAEL J . AND I~iARGA?zI~"?' L , P.OF.RK and JOIIN A . AnID ANNA E . ROARK ,
insuring compliance with all requirements of the Department of
Public Wor'.s and Planning Department of the City of Chula Vista
for approval of Parcel Plop '
dated the 4~h day of SPitemhp,,,~ 197 , a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Glerk be, and she is
hereby directed to record said agreement in the office of the San
Diego County P.ecorder.
.BE IT FURTHER RESOLVED"that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
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George D. Lindberg, City Att rney George D. Lindberg, City Attorn y
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 4th. day of September , 19 73 , by
the following vote, to-wit:
AYES : Councilmen Scott, Hamilton, Hyde
NAYES : Councilmen None
ABSENT : Councilmen Hobel , E~dahl
/s/ THOMAS D. HAMILTON, JR._
Mayor of the City of Chula Vista
ATTEST /s/ JENNIE A4. FULASZ
City Clerk
STATE OF CALIFORNIA1 )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I , Jennie M. Fulasz , City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the above is a full, tr~.e
and correct copy of Resolution No. 7007 , and that the same has not
been amended or repealed. DATED September 4, 1973
City,Clerk ---
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AN AGREEMENT INSURING COD4PLIANCE WITH ALL REQUIREMENTS
OF THE DEPARTMENT OF PUBLIC WORKS AND PLANNING DEPART-
MENT OF THE CITY OF CHULA VISTA FOR APPROVAL OF PARCEL
MAP N0.
THIS AGREEMENT, made and entered into this 4th day of
September , 1973, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and MICHAEL J.
AND PiIARGARET L. ROARK, and JOHN A. AND ANNA E. ROAF.K, hereinafter
called "Owners";
W I T N E S S E T H
WHEREAS, Henry H. Shawhan, the owner of certain property
located at 613 Second Avenue in the City of Chula Vista, more par-
ticularly described as follows:
Being a division of land of a portion of Lot 1,
in Quarter Section 122 of Chula Vista according
to Map thereof No. 505 filed in the office of
the County Recorder of San Diego County,
March 13, 1888
has heretofore applied for and been granted a variance allowing
the split of said property into two parcels as shown on Parcel
Map No. , and
WHEREAS, said property as shown on Parcel Map No.
is presently to be conveyed to Owners and is in escrow, and
WHEREAS, Owners desire to comply with all of the terms
and conditions as set forth herein prior to the issuance of any
building permit for development of said property.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Owners agree to comply with all of the requirements
of the Planning Commission variance granted by Resolution No.
PCV-73-10, approved on June 27, 1973, marked as Exhibit "A.",
attached hereto and incorporated herein by reference as if set
forth in full.
2. Owners agree to install one fire hydrant on site
in a location to be determined by the Fire Department.
3. Specific methods of handling storm drainage and
sewage are subject to the detailed approval by the City Engineer
at the time of submission of improvement plans.
4. Owners have conveyed to the City all required ease-
ments by separate instruments, which easements shall be recorded
with this agreement at such time as escrow is closed, in accordance
with Escrow No. L104,893, marked as Exhibit "B", attached hereto
and incorporated herein by reference as if set forth in full.
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5. All lot and boundary corners shall be monumented
in accordance with Ordinance No. 1369. Monuments shall be set
prior to approval of the final parcel map.
6. Water service shall be provided per the instruction
of California-American Water Company, as stated in their letter
of August 3, 1973.
7. Owners also agree to submit site plans in accordance
with the requirements of Section 33.901 B (30) and Section 33.1313
of the Zoning Ordinance of the City of Chula Vista.
8. It is understood and agreed that no building permit
shall be issued for the development of the property until all of
the conditions set forth herein have been fully complied with to
the satisfaction of the Department of Public Works and the Planning
Department of the City of Chula Vista.
9. It is further understood that this agreement shall
be binding upon the heirs, assigns, and successors in interest
of Owners and shall be considered a covenant running with the
land.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
OWNERS:
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MICHAEL J. ROARK
. ROARK
Approved as rm by
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City ttorney
(Attach Notary)
a-
yr-j;if, ice' %~ r ~' <r--v ~
hTOHN A. RO)AR~K
ANNA E. ROARK
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THE CITY OF CHULA VISTA
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VARIANCE RESOLUTION N0. PCV-73-i0
RESOLUTION OF THE CITY PLANWItdG"CODiMISS10N
GRANTI'JG A ZONE VARIANCE
WHEREAS, tfenry H. Shawhan, the owner of the property at 613 Second Avenue,
more fully described in application for zone variance which has been filed on
said property to~'.reate three lots without street frontage and reduce rear yard
setback from 20 ft. to 3 ft., and "
4tHEREAS, the City Planning Commission has duly scheduled the same for
hearing and the same came on regularly for hearing and the hearing was closed,
. and evidence having been presented "to the Planning Commission concerning the
granting or denying of said variance. "
NOW THEREFORE, the City Planning Commission of the City of Chula Vista
does hereby find as follows:
' a. That the strict application of the zoning regulations or requirements would
result in particular difficulties or unnecessary hardships inconsistent with
the general purpose and intent of the regulations.
The division of land in this area has created a lot that can only be
served by a driveway easement.
b. That there are exceptional circumstances or conditions applicable to the
property involved or to the intended use or developmen± of the property that
do not apply generally to other property in the same zone or neighborhood.
The lots that are proposed will be similar in size and configuration to
other lots in the area and zone.
c. That the granting of a variance will not be materially detrimental to the
public welfare or injurious to property or improvements in such zone or neigh-
borhood in which the property is located.
The intent and purposes of the zoning ordinance will be met in terms of
lot size and setbacks. '
d. That the granting of a variance will not be contrary to the objectives of
the General Plan.
Subject to the conditions outlined"by the staff, no detrimental effect
would be created.
NOW THEREFORE, BE IT RESOLVED 6Y THE CITY PLANNING COt~L^1ISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA:
That a variance is granted to Henry H. Shawhan for creation of three lots without
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street frontage and reduction of rear yard setback from 20 ft. to 3 ft. at
613 Second Avenue. ,
" Said variance is granted subject-to the follo~~~ing:
1. Division of the property shall be subject to the submittal and approval
of a parcel map limiting total development to four lots.
2. The access ea~ement to serve the parcels shall have a width .of 20 feet
except that the width may be reduced to 15 feet where the 20 ft. width
is impractical due to existing property lines and structures.
' a. The shape and location 4f the access easement shall be subject to .
approval by the Fire Department and Engineering Division
b. Permanent easements shall, be granted to each separate parcel to
provide access from Second Avenue.
c. The driveway easement shall be paved in Portland Concrete Cement
in order to minimize maintenance problems.
3. All structures shall be served. by public sewer.
4. The handling of drainage within and through ttie property is subject to
detail approval by the City Engineer.
5, The existing driveway shall be removed and replaced with an alley type
approach.
6. Existing public improvements. on Second Avenue adjacent *_o the property
which are in poor condition, as determined by the City Engineer, shall
be repaired and/or replaced. Said improvements to include but not be
.limited to cracked or raised sidewalk areas 'and overlaying existing
shoulder paving to provide drainage into the concrete gutter.
7. On-site utility service shall be underground.
' 8. Two guest off-street parking stalls for each of parcels 2, 3 &'4 shall
be required in addition to the required two-car garages.
9.I All structures, with the exception of the existing dwelling, shall be
set back a minimum of 15 feet from the driveway easement, provided,
however, that all garage doors facing the easement shall be set back a
minimum of 22 feet from the easement.
10. A minimum separation of 10 feet shall be maintained between the re-
located garage and structures on tt~e adjoining lot (parcel #2).
11. A deed restriction prohibiting garage conversions and establishing
responsibility for .maintaining the access easement shall be submitted
for staff approval prior to recordation.
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12. Site plan and arct,itectural review shall be required for all lots,
structures and fencing prior to obtaining building permits.
13.~ The subdivider shall comply with the requirements of the General Plan
concerning the adequacy of public facilities.
14. Existing swimming pool shall be included in pa5•cel #4.~
This variance sh<~11 become ineffective and void if the same is not utilized
within one year from the date of this resolution in accordance with Section
33.1310 of the Zoning Ordinance.
PASSED and APPROVED by the CITY PLANNING COMMISSIOfd of CHULA VISTA, CALIFORNIA
this 27th day of June, 1973, by the following vote, to-wit:
AYES: Members Whitten, Rudolph, 4lilson, Swanson, Chandler and Placevicz
NOES: None
ABSENT: Flember Rice
Vice Chairman
ATTEST:
,~Lrci LLC~
cting Secretary
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To: l.outsvttte Tttt<~ Company
• of ~rtin 171c•,~-o
5922 EL CAJON eOULEVARO POST OFFICE 80X 81345
SAN OIEGO, CALIFORNIA 92138
will _
~Irand you herewith S 500.00
and will hand you on or before ClOSe Of escrow
an additional sum of S 10,100.00 PLUS CLOSING COSTS
Y-A'wL"l~. ~S
I will hand you any additional funds and
instrumccts r•_quin•d from me to enable you
to comply with these instructions
Escrow No. I'104 , II93
San DieE;o, California
Date; April 23, 1973 --
Escrow Ofiiccr: Nina Z. Hoke___
M1tEMO
Paid outside of Escrow $ _
Cash through Escrow S 10,600.00
Encumbrance of Record S _
New Encumbrance 5~2,~09.00
TOTAL CONSIDERATIONS 53,000.00
The total consideration involved is 5 53,000.00 the balance to be represented by a Trust Deed to be
executed by vestees herein,
in [avor of SAPi DIEGO FEDERAL SAVIA'GS AND LOAN ASSOCIATION,
securing a note for $ 42,400.00 pcobtYn BchefirS•ary'4CStatPlment]showilog urPpaid ISrincipC~l basancxcZ
~ xshgpld maid j3enef3ciart s S~iterr~nt s!ygw tj;e p~j:icip.}} baj{ancrxto fit' morX orykess~thankta~x
r}tnounQCyoiXare~¢o kAtSp thk' total corrKide•~tionXhe 43meYS shXSwn ]LLwveXby ay]jusP:ng tti9 c1Lh thYougFpCesc:Jw aXCOrdGngl..Y
This escrow is contingent upon the following:
Buyer to obtain and qualify for a CONVENTIONAL LOAN in the amount of $42,400.00
with interest at the rate of 7„N per annum and for 30 years and loan fee to be
one (1) point, which is to be paid by the Seller. You are to comply with all
requirements of the lender
Buyer obtaining a lot split of four ((a) parcels of the within described land,
which is to be paid by the Buyer herein.
Seller will furnish youwith a current structural pest control report by a state
licensed operator showing the accessible portions of subject property to be free
of visible evidence infestation caused by wood destroying insects, fungi and/or
dry rot, payment of said report and any necessary repairs being paid from funds
due seller herein. °
This escrow is to close concurrently. herewith Escrow L104,894.
Parties herein acknowledge the one of the Buyers is a licensed Real Estate Bro'ser
and one of the Buyers is an Attorney.
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You are authorized to pay said sum of money and deliver said Y+2I~GrT+2i$7E•~iF~KZXr~Kto Seller
When you have received a deed conveying to buyers that certain real property described as follows:
A portion of tt~ Westerly 323 feet of Lot 1, Quarter Section 122, of Chula Vista,
City of Chula Vists, County of San Diego, State of California, according to the
Map thereof No. 505, filed in the office of the County Recorder of said San Diego
County, EXCEPTING THEREFROM the Northerly 120 feet; ALSO EXCEPTING THEREFP,OM :``^
Southerly 110 feet of the Easterly 130 feet. Sdi:d portion to be approximately
14,000 sq. feet.
CORRECT LEGAL TO BE FURNISHED AFTER LOT SPLZT AND ATTACHED HERETO:
PROPERTY ADDRESS: 613 South 2nd Avenue, Chula Vista, Ca. 92010
(OVER)
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Cf'... .. CITY CLERK ~
• (PAGE TWO) ~ fil:Fll,1/r.i- :t:~DRDS
SAN DfE60 COUNTY.C4LfF.
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RcCORp~R
and when you can cause to be issued a Policy of Title Insurance of the Louisville Title Insurance Co., with usual Title
Company's exceptions, and with a liability of S 53,000.00 showing title to said property to be vested in
MICHAEL J. ROAP.K and MARGARET L. ROAP,K, husband and wife NO FE'S
and JOF_'V A. ROARK and ANNA E. ROARK, husband and xife.
CORRECT VESTING TO CO2dE LATER
S~,LERS EXECUTION OF THE GRANT DEED SHALL CONSTITUT$ APPROVAL OF THE FINAL VESTING.
free of encumbrances except:
1. ALL General and special taxes for fiscal year 1973-74 including special levies fo:
2: Bonds or assessments of record (i( any) not [o exceed S none on unpaid principal; alt payments due to
date to show paid.
3. Conditions, restrictions, reservatioos, easements, rights and rights of way of record.
4. 8xsdce~`{Frx~inr: ~4 set ~c ,
5, r^~n,%rnc'n~r£;,~~,;;,L3[; aa~L'3'ar~;$~dlcZacl•.xct~as21Y~+ca7cZlE~7C
At close of escrow you will PRORATE TO
Close Of 'escrow for City, County and any irrigation district taxes on figures disclosed by title search. IT
1S UNDERSTOOD THAT YOU MAKE NO REPORT OF TAXES ON PERSONAL PROP-
. . ERTY which may be a lien on the real property herein described until the above taxes on
such real property become due and that your Company is not liable for the payment of
such taxes.
for interest on encumbrances oErecord.
ClOSe of °sorow for premium on fire insurance. You are to assume that any such policies are in force and
• that the premiums thereon are fully paid.
C10S a of escrow ~ for Rent based on Seller's statement. ~ -
for Interest on NEW ENCUh113RANCES, by endorsement on notes.' ,
I agree to pay one-half escrow fee, your fee for drawing any instruments signed by me and such recording fees as are advanced
by you. and all charges in connection with the new loan EXCEPT THE LEAN FEE OF 1°~,.
In the event that the conditions of this escrow have not been complied with, or that yoq have not had enough time to
make a satisfactory examination of the Official Records within t 120 days hereof; you arr. incrmrrrd to rmm~loen
once .Ae _. y~~.-...c .,< .., ,.; ,,.... .... ..r0.. Jam..:,.. ,...
rnr Lama ar r~.? A~rt~~sr __;hio d_re the.__'`t~ , ..__.,_ 1 stall l:'._ __de ......~. dc..._^d - _ .,.. L`.c :..,..., cf tte scat -
and./or instruments deposited by me. }{owever, I agree that no notice or demand shall de of any effect unless approved in
writing by all parties affected thereby. I agree to oay my pertior. of you: charges in the event of such cancellation. Shou'.d
any controversy arise between the parties hereto, or any other person, you shall not be liable to take any action of any kind
but may withhold all moneys, securities, documents or other things herein deposited until such rnntroversy shall be determined
6y agreement of the parties, or by proper lega] process.
You are authorized to furnish any broker hereunder and any existing or proposed lender, copies oEthese instructions and Einal
settlement statements.
I hereby acknowledge receipt of a copy of these instructions.
- Michael J. Roark
Date. April 23, 1973 _. ......_....... rgare r . - .
Address 241 "H" Street
Chula Vista, Ca. 92010 John A. Roark s~r.r
477-4161 Anna E. Roark e.r•r
The foregoing instructions are hereby approved and accepted. I hand you herewith, or will hand you within 120
days from date, all necessary insrmumenh required from me to place the title as above shown, which you are authorized to use
as above instructed upon payment to you for my account the sum of S 53,000.UO less costs and Charges.
T agree to pay the l~ loan fee for the new loan,
within time as above provided.
i acknowledge receipt of the sum of S none outside of escrow,
. You are instructed to pay any encumbrance of record to place title, as requested above, together with your title
insurance premium, my proper recording fees, including S 58.30 Tax Stamps on deed to file, and one-halt your
escrow tee. 1 hereby acknowledge receipt o(a copy of these instructions.
Date.... . APri1.23.,...1973....__ __ __ ................._ -
Address -613 south 2nd Avenue •
Chula Vista, Ca. 92010 Henry T{. Sluiwtiari""""~~~' s.u.,
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