HomeMy WebLinkAboutReso 1973-7018
RESOLUTION N0. 7018
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 RALPH P. AND LORA H. PAXTON, JR. AT THE REAR OF
142 MINOT AVENUE IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 27th day of June, 1973, 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 Ralph P. and Lora H. Paxton, Jr., at the rear
of 142 Minot 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
Lane F. Cole, Director of George D. Lindberg, City Atto ney
Public Works
AI~U1''1'%ll 11IvD IIYPRUVL•'D B~' TIiI~; Cl'.L'1 COUNCIL OF 7'1IL: Cl'i'Y
OT' CJiIJLA VIST;1, CALI}'0I's1I7~, this 18th day of September M,
197 3, by the fo]_1o~ainc~ vote, to-~-?it:
IiYT.S: Cvt.~:C~~me.n Hobel, Hamilton, Hyde, E~dahl, Scott
l~E~~'LS: - Couit~:-.Ci~e-1 None ~ ~~ - -
IaI3S~:N'I' : C o u~~t c-t.~-n e_t4 None _____
hluyo.n c,~ zi~e Ctizy oU-Chu' Uti~za
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C.~~y -e~cft
STATE OF CALIFORNIA )
COUN1~' OF SI`~N DIEGO ) ss.
CITY OF CHULA VISTA )
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and ~ha~ the dame (lab nod been amended o~. neneaQed.
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AGREEP~IENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY RALPH P. AND LORA H. PAXTON, JR. LOCATED AT
THE REAR OF 142 MINOT AVENUE IN THE CITY OF CHULA
VISTA AND LIEN SECURING THE FUTURE INSTALLATION
OF SAID IMPROVEMENTS
THIS AGREEMENT, made and entered into this 18th day
of September , 1973, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
RALPH P. AND LORA H. PAXTON, JR., 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 time, and
WHEREAS, the Planning Commission, on June 27, 1973,
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 the rear of 142 Minot Avenue in the City of Chula Vista,
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 MUTUALLY AGREED by and between the
parties hereto as follows: -
1. That Property Owners, Ralph P. and Lora H. Paxton, Jr.,
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:
(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
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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 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 $2,000.00, 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, 65.5 L,F. at $3.50/LF. $ 229.25
2. Driveway approach, 135 S.F. at $1.15/S.F. 155.25
3. Sidewalk, 214 S.F. at $0.90/S.F. 192.60
4. A.C. Pavement & Base, 1080 S.F. at $0.45/S.F. 486.00
5, Roadway excavation, Lump Sum, 300 C.Y. 360.00
Sub-total $1,400,00
Contingencies 140.00
Sub-total 1,540.00
Engineering plan preparation and staking 460.00
TOTAL $2,000.00
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.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
THE CITE OF CHI ~ VISTA% ~ / } //"1
Mayor o;z ~tne amity or ~nula vista
ATTEST~~~~~~~~~, ~ ~ U/.G~~~
~ ~~City Clerk
Approved as o orm by
City. Attorney
Ralpi~ P. Paxton, Jr.
~/
ora H. axton