HomeMy WebLinkAboutReso 1973-6935153y
RESOLUTION N0. 6935
Approved as to form by
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 DORIS W. BF,OWN, LOCATED AT 119 FIRST AVENUE, IN
THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 13th day of June, 1973, the Plann ng
Commission of the City of Chula Vista, in accordance with tie
provisions of Section 27.507 of the Chula Vista City Code, lautho-
rized a delay in the installation of certain improvements on, the
property owned by Doris W. Brown, at 119 First Avenue, in tie 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 slufficient
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 recommendatidns
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 Cl;ula Vista be, and she is hereby authorized and directed to
record said lien agreement and this resolution in the Officte 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 tc~ sign
the Agreement for the Deferral of the Installation of Public
Improvements which contains said lien.
Presented by
(s) Lane F. Cole ~ ''~
Lane.-F. Cole, Director of Georg Lin erg, 1 ~ or
Public Works
`3-200133
Fll~ /AGE NG~ _...,.--------
gDOK 1973
ECG D REQUEST OF
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q~FFICIp~.iiEupRpS
SAN ~)IEGO COUNTY.CAUF.
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF~THE CITY
OF CHULA VISTA, CALIFORNIA, this 10th day of July
----- r
1973, by the following vote, to-wit:
AYES : Caune~.kmen Scott Hobel, Hyde, Egdahl
NAYES: CaunC~..2men None
ABSENT: CUUnC-c..emeVi Mayor Hamilton
~,
/ Pro tee ore
ATTEST ~ " ~ .~,,,,, ~ ~ i ~ '~ i';/. 1
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eputy ~.zy ~~c
/`I°~'aE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY' GF CHULA VISTA )
I, J~NNI~ Me ~(lLASZ, C~,~y C2e%c(~ a~ the C.i~y a~ Chu.~a ~1,~,~~cr,,
Ca~2~.gann~.a, T10 H~R~By CERTIFY ~ha~ the abase and ~a~.egaz~.~ ~.~ a ~u.~.E,
~~iue and eoh~.ec~ cod y a S
and ~ha~ ~Gce .game hay nab been amended a~. ~.e~ea.~ede
DATED:
e
.c y ehti
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2268 ~.._ % ~ ~;
' .. ~ ~ R~l~RQ~HG RE TED BY v
TICOR "InE IR~SURANCE C Y~OF CALIFA~NI~ • $ 6 -17 5 0 5 3
When Recorded Mail ~to: _-. .
~ ,Ut i
City Clerk ~,;
City of Chula Vista
276 Fourth Avenue ~~"~' '"n" p ^~(~ (~
t irV E~i1 ~ ' ~ l l~ ti' V J
Chula Vista, Ca. 92010
T COUNT'! RECO~Otit
RF =
~~~ ~~~ 1~~ SUBORDINATION AGREEMENT AR ~~,
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NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO
AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR
LATER SECURITY INSTRUMENT
I.
FOR VALUE RECEIVED, including the agreement by John
Norgard and Zula Norgard to allow the recordation of a lien to
replace the document described in Paragraph II in an amount not
to exceed 16,000, the undersigned, as holder under the lien
contracts described in Paragraph II does hereby subordinate the
lien thereof to the lien or encumbrance described in Paragraph
III.
The real property affected hereby is described in
Paragraph IV.
This Agreement shall inure to the benefit of the parties
set forth in Paragraph III, and shall bind the heirs, successors
and assigns of the undersigned.
II.
An Agreement for the deferral of the installation of
certain public improvements by and between The City of Chula
Vista, a municipal corporation of the State of California, and
Doris W. Brown, recorded July 19, 1973, as File No. 73-200133.
III.
A Deed of Trust dated Apri12S , 1986, in the amount of
16,500.00, executed by John Norgard and Zula Norgard, husband
and wife, to Home Federal Savings and Loan Association, a
corporation, in favor of Home Federal Savings and Loan
Association, a corporation recorded concurrently herewith.
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IV.
See Exhibit "A" attached hereto and made a part ..hereof.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A
PROVISION WHICH ALLOWS THE PERSONS OBLIGATED ON YOUR
REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF
WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN
IMPROVEMENT OF THE LAND.
DATED • ~ ~~{ f
THE CITY OF CHULA VISTA, a
municipal corporat,!ion of
the State of Califlornia
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Y ~ /~i~ J~'I
ity Engineer
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EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 62 OF ROSEBANK, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0 1304, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JANUARY 18, 1911, LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID ROSEBANK; THENCE ALONG THE
NORTHERLY LINE OF SAID ROSEBANK, SOUTH 71°12'00" WEST, 57.14 FEET; TO THE
NORTHEASTERLY CORNER OF LAND AS DESCRIBED IN DEED TO THE CITY OF CHULA
VISTA, FOR STREET PURPOSES, RECORDED NOVEMBER 4, 1927, IN BOOK 1423, PAGE
9 OF DEEDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE' EASTERLY
BOUNDARY OF SAID LAND AS FOLLOWS:
SOUTH 07°51'00" WEST 65.81 FEET TO THE NORTHERLY TERMINUS OF', A TANGENT
500.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; SOUTHERLY ALONG'~THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 19°00'00" A DISTANCE OAF 165.81 FEET
TO THE BEGINNING OF A COMPOUND 100.00 FOOT RADIUS CURVE; SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°30'00" A
DISTANCE OF 100.36 FEET; AND TANGENT TO SAID CURVE SOUTH 68°39`00" EAST,
90.54 FEET (RECORD 92.35 FEET) TO THE BOUNDARY OF SAID. LOT 62.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY AND EASTERLY OF THE
FOLLOWING DESCRIBED BOUNDARY LINES:
COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN TANGENT 500.00
FOOT RADIUS CURVE IN THE BOUNDARY OF THE LAND FIRST HEREINABOVE
DESCRIBED SHOWN AS HAVING A CENTRAL ANGLE OF 19°00'00" AND A'DISTANCE OF
165.81 FEET, SAID SOUTHERLY TERMINUS BEING ALSO THE NORTHERLY TERMINUS OF
A COMPOUND 100.00 FOOT RADIUS CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 19°24'14" A DISTANCE OF 33.87 FEET
TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE NORTH
73°21'34" EAST, 81.90 FEET; THENCE SOUTH 56°31'10" EAST, 39.48 FEET TO THE
INTERSECTION OF THE WESTERLY LINE OF THE EASTERLY 2.00 FEET OF SAID LOT
62; THENCE SOUTH 18°34'24" WEST ALONG THE WESTERLY LINE OF THE EASTERLY
2.00 FEET OF SAID LOT 62, 76.03 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID
LOT 62.
RESOLUTION N0. 6935
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING TiiE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY DORIS W. BROWN, LOCATED AT 119 FIRST AVENUE, IN
THE CITY OF CHULA VISTA '
The City Council of the City of Chula Vista does hereby
resolve as follows:
•
WHEREAS, on the 13th day of Jurie, 1973, the Planning
Commission of the City of Chula Vista, in accordance with tl~e
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 Doris W. Brown, at 119 First 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 deferrail
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 Gffice of
the County Recorder of the County of San Diego, California.
• BE IT FURTHER RESOLVED that the Mayor of the City pf
Chula Vista be, and he is hereby authorized and directed to $ign
the Agreement for the Deferral of the Installation of Public
Improvements which contains said lien. '
Presented by .
~~~
L e Cole, Director of
Public Woks
Approved as to form by
.~~ ~C/~-
U> ~_~~
George Lin rg, .~ y or
AGREEMENT FOR THE DEFERRAL OF TiiE INSTILLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY DORIS W. BROWN, LOCATED AT 119 FIRST AVENUE,
IN THE CITY OF CF3ULA VISTA AND LIEN SECURING THE
FUTURE INSTALLATION OF SAID IMPROVEMENTS
THIS AGREEP~'IENT, made and entered into this ~ 7fh day
of „~,~,~~ , 1973, by and between TiiE CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
DORIS W. BROWN hereinafter referred to as "Property Owner"-
W I T N E S S E T H
WHEREAS, Property Owner has 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 Manning
Commission, in its discretion, feels that said installation pf 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 27.107 for
said exemption, may grant said exemption, which may be limited to
a specified period of time, and
WHEREAS, the Planning Commission, on June 13, 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 119 First Avenue, more particularly described as: !That portion
of Lot 62 of Rosebank Subdivision, per Map thereof No. 1304 filed in the
office of the County Recorder, County of San Diego, State of 'California,
identified as Assessor's Parcel No. 566-330-42 by the County Assessor
of said County as of June 26, 1973 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 Owner, Doris W. Brown, in lieu of making
the improvements specified herein, prior to .final inspection pr the ivin
of a certificate of occupancy, agrees, covenants and promises that she g
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 improvemer,7ts.
2. For the faithful performance of the promises and cove-
nants 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, her successors, heirs, assigns
or transferees, fail to install or construct said improvements, in
the manner and within the time specified herein, she 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
by Property Owner, her 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 Owner agrees thathe 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 sand 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,
her 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, her 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 $6,000.00, and said
work shall be done in accordance with plans and specifications on
file in the Office of the Director of Public Works, and sha~.l consist
of that work specifically deferred by the action of the Planning Com-
missidn of the City of Chula Vista, as follows:
1.
2.
3.
4.
5.
6.
Type "G" curb and gutter, 165 L.F. _
Driveway approach, 125 S.F. _
Sidewalk, 730 S.F. _
A.C. pavement and base, 3145 S.F. _ '
Roadway excavation, lump sum =
Concrete block retaining wall, 186 S.F. _
Sub-total
. Contingencies
Sub-total
Engineering Plan
preparation and
staking
TOTAL
$' 577.50
143.75
657.00
],415.25
x,050.00
985.80
~ ,829.30
482.70
..x,312.00
688.00
F,000.00
5. It is further understood and agreed that Owned and/or
her heirs, assignees or successors in interest shall at such time
-2-
' ~~9as
as a 1911 or 1913 Act petition is circulated sign said petition and
that said parties do hereby waive all rights to protest in the event
such a 1911 or 1913 Act proceeding is instituted.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabov~ set forth.
THE CITY OF CHULA VISTA
rigor oz the qty cDt Chul Vista
Pro tempore ~' )
ATTEST ~~~~,~ -
Dept~ty City Clerk
Approved as to form by
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City Attor ey ~ ~jf`
~~
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Doris W. Brown
(Attach Notary)
~~~Js~
BY-__~[`'~-.._- ..- Ds4TE_5~7-73 sueJt~cr..OEFE?OPAL OF PVBUC
c~errc Y _- ..._..-. o.~rE__________ ___ -__/~R?OI~E'.NENTS AT !19
- -
....
--•-----..-----•-..._----•---------------•---- F/RST AVE. -
TO 447 C
(lndividual)
STATE OF CALIFORNIA l
COLNTY OF SAN DIEGO } SS•
On Turi 7, 197' before me, the undersigned, a Notary Public in and for said
State, personally appeared Dorl$ W Brown
5H.EFr Nth. -.. ~---- OF ~ - /
JGt3 WO.-------•------'
O
to he the erson ,known to me
P whose name 1S __ subscribed
to the within instrument and acknowledged that She ~' ~ `
executed the same. O' lCIA~ SEAL
WITNESS m han an~~~ ~s' PAd~1~L'-~, ~' ~~'~~~~
y ~~ d official seal. ~. fir' NOT/iRV PLBLIL CALIr( 3'islA
/~
~~ ~~ ~ ~' ,'~/ ~~ PRINCIPAL ~~I~I~O Ifs
Signature- ~:. z, ~ t ~ i j •C~ ~ ~ ~~=- -~ x ~ _ ~ SAN DIrCJ Li' ~I'ai~,,
!. ti'iy (. nmi~sion Er~,.f es Ap _.. ~::7;;
.~ :~~
PAMELA A. HANNA ~':~`~",•-•r,"'FN
Name (Typed or Printed)
(This area for ofRcial notarial seal)
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