HomeMy WebLinkAboutReso 1973-6977i
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RESOLUTION N0. 6977
RESOLUT'TON OF THE CI'1'~' COL'NC1L OF THE CITY OF CI3ULA
VISTA, AUTHORI~II\TG TIII DI~FERI~AL OF THE INSTALLATION
OF CERTAIN PUt~LIC IMPROVEMENTS ON TIIE PROPERTY OWNED
BY LLOYD Ii. HANSON AT 105 FIP.ST AVENUE TN THE CITY
OI' CHULA VISTA, ANll AUTHORIZING TIIE ,F~LEASE OF CERTAIN
FUNDS I-TEED AT CENTRAL FEDERAL SAVINGS AND LOAN ASSOCIATION.
OF SAN DIIsGO
Tlie City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 24th day of February, 1972 the Planning
Commission of tf~ie City of Chula Vista in accordance with the provisions
of Section 27.507 of the Chula Vista City Code, authorized a delay in
the installation of certain improvements on the property owned by
Baldwin E. Noyes at 105 First Avenue in the City of Chula Vista, and
WHEREAS, Mr. Noyes' successor in interest has heretofore
deposited with the Central Federal Savings and Loan Association of
San Diego the sum of T6';O THOUSAND DOLLARS ($2000.00), pledged to the
City of Chula Vista to secure the installation of said improvements, and
WHEREAS, the present property owner, Lloyd H. Hanson, wishes
to furnish to the City of Chula Vista a lien on said property in an
amount sufficient to construct said impr..ovements in lieu and in place of
the pledged monies.
NO`~~, 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
~iC~_L{L O1_:.`-t; C)f i~ lieTi :Jil Sc)iC. TJTO~'t i "•~~' tom: _~ i;..>>„!~"C~. t.}~' CC%?7:~.t.E.'f,1.C`-1i Oi Sc.7..f_1.
improvements, and that the City Clerk of the City of Chula Vista be, arld
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.
BE IT FURTHER RESOLVED that Central Federal Savings and Loan
Association of San Diego is hereby authorized to release monies pledged
to the City of Chula Vista as contained in the pledge of March 28, 1972,
and the City Clerk be, and she is hereby authorized and directed to
forward a certified copy of this resolution to Central Federal Savings
and Loan Association of San Diego with the Passbook for said account.
Presented by
/s/ LANE F. COLE
Lane F. Coie, Director of
Public Works
Approved as tc:~ form by
/s/ GEORGE D. LINDBERG
George D. Lindberg, City At.torney•
Return to:
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FILE/PARGOGK-I 3 ` a~~b
RECORO,,~??~ REOUESTOF
~~~'`.~CITY CLERK
Luc i a 3 ~9 PM' I
o~Ficlnl ~t~coaos
SAN OIEGO COUNTY~CALIF.
NARLEY F.BLOOM
RECORDER
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1`716
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 7th. day of August ,
1g~3, by the following vote, to-wit:
AYES • Coune,%•2men Hotel, Hamilton, Egdahl, Scott
NAYES: Caune~.~.me~ None
ABSENT: Cauneti~.men Hyde
/s/ THOMAS D. HAMILTON, JR.
ayan a z e .cry o~ u a• ~.~ a
ATTEST /s/ JENN~~ M. FULASZ
C.i~y en
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, J~NNI~ Me ~ULASZ, C.%~y Ckenh. a~ the C~i.~y a~ Chu.~a V~,~~a,
Ca.~.b~onn,i.a, ~0 N~R~By C~RTTFy ~ha~ the abave and ~anega~.ng ~~ a ~uk.~,
~nue and eanne d easy a~
and ~ha~ the dame hat nab been amended an ne~ea.~ed.
~AT~~ ~ Au st 7 1973
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AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY LLOYD H. HANSON LOCATED AT 105 FIRST AVENUE IN
THE CITY OF CHULA VISTA AND LIEN SECURING THE
FUTURE INSTALLATION OF SAID IMPROVEMENTS
THIS AGREEMENT, made and entered into this 7th day
of August , 1973, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
Lloyd H. Hanson, hereinafter referred to as "property owner"'
W I T N E S S E T H
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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 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 February 24, 1972 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
105 First 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 Owner, Lloyd H. Hanson, 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 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, his 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
by Property Owner, his 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 that the amount
of said lien includes attorney's fees which shall be
taxed as a cost in any suit or foreclosure.
TO 447 C
(Tndividualj
STATE OF CALIFORNIA
Co[?NTY OF SAN DIEGO
On _ August 7, 1973_
State, personally appeared ~`1
1"719
} SS.
before me, the undersigned, a Notary Public in and for said
H. Hanson
to he the person __ whose name 1S subscribed
to the within instrument and acknowledged that h@
executed the same.
WITNESS my hand d official seal.
d
Signature l
PAMELA A. HANNA
Name (Typed or Printed)
known to me
O
~ A ~{v i .; r S ~, r
/ ~\ ~. 1 A 1 1..fi1 ~ f ~
+=
`^) ~JOTARti PU8L1, (,ai. ~ ,NIF ~
.~' PRINCIPAL ( I~;E I°r ~.
-~ SAN DI („` ,,,; ~'a r'
,ti!y Commission Expires Aprii ;.., ,`.i?i~
~ r`.
r
(This area for oTcial notarial seal)
TO 449 C
(Corporation)
STATE OF CALIFORNIA
SAN DIEGO } SS•
COUNTY OF
On august 7, 1973 before me, the undersigned, a Notary Public in and for said
State, personally appeared Thomas D . Hami 1 t on, Jr .
TI
known to me to be the Mayor ~,~ and .TF.NNTR M FjJT,ASZ ,
known to me to be _ (~i ~y (_.7erk . g~p~~,~ of the corporation that executed the within Inst: ument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknow]edged to me that such corporation executed the within .: - _
instrument pursuant to its by-laws or a resolution of its board
of directors. ~
WITNESS my d and official seal.
f ~ ~ ~, _,
_ r~'.
Signaturk' ~ ~ r~ ~ - .. - ~.
~ ,_~ ,4, _
.,tiv~.. ..-.~ •- - ~.
PAMELA A . HANNA ~`' ~` ` `.t;, ~ ~'
Name (Typed or Printed)
(This area for official notarial seal)
1'18
(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 rec orded 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 improvements
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 specifi-
cally deferred by the action of the Planning Commission of the City of
Chula Vista, as follows: ~
1. Type "G" curb & gutter - 93 L.F. $ 280.00
2. Driveway approach - 80 S.F. 60.00
3. Sidewalk - 455 S.F. 250.00
4. A.C. Pavement & Base - 1,720 S.F. 740.00
5. Roadway Excavation - Lump Sum 270.00
Sub-Total $1,600.00
10$ Contingencies 160.00
Sub-Total $1,760.00
Engineering Plan Preparation & Staking 240.00
Total Amount $2,000.00
5. It is further understood and agreed that Owner and/or
his 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.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
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Mayor of the City of Chula Vita ~ (Owner)
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ATTEST ~_' ; .r ~ ' G.~_- .t';.~! ~ ~ s.. ~r~-~'
City Clerk i
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Approved as to form by (Attach Notary Here)
George D. indberg, City Attorn
'a
RESOLUTION N0. 6977
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 LLOYD H. HANSON AT 105 FIRST AVENUE IN THE CITY
OF CHULA VISTA, AND AUTHORIZING THE RELEASE OF CERTAIN
FUNDS HELD AT CENTRAL FEDERAL SAVINGS AND LOAN ASSOCIATION
OF SAN DIEGO
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 24th day of February, 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, authorized a delay in
the installation of certain improvements on the property owned by
Baldwin E. Noyes at 105 First Avenue in the City of Chula Vista, and
WHEREAS, Mr. Noyes' successor in interest has heretofore
deposited with the Central Federal Savings and Loan Association of
San Diego the sum of TWO THOUSAND DOLLARS
City of Chula Vista to secure the installation00ofOsaidpimprovementse and
WHEREAS, the present property owner, Lloyd H. Hanson, wishes
to furnish to the City of Chula Vista a lien on said property in an
amount sufficient to construct said improvements in lieu and in place of
the pledged monies.
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 completion 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.
BE IT FURTHER RESOLVED that Central Federal Savings and Loan
Association of San Diego is hereby authorized to release monies pledged
to the City of Chula Vista as contained in the pledge of March 28, 1872,
and the City Clerk be, and she is hereby authorized and directed to
forward a certified copy of this resolution to Central Federal Savings
and Loan Association of San Diego with the Passbook for said account.
Presented by
'~ -t
Lane F. Cole, Director of
Public Works
Approved as to form by
George D, indberg, City Attorne
~:~ ~ ~`
e
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 7th day of Au
______ gust ,
1973, by the following vote, to-wit:
AYES : Counc~..emen Hobel, Hamilton, Egdahl, Scott
NAYES: CounC.i2men None
ABSENT: Caunc~.2men Hyde
~,
a ayon a z e ~y o u a• a
~.~
ATTEST ` :::
~czy e~.
~'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M, ~CtLASZ, C~,~y C2enh. a~ the C~,~y o~ Chu.~a V,~,b~a,
Ca.2~.~ann~.a, DU HEREBY CERTI Ey ~ha~ the abase and ~onega~.ng ~,, a nu.~.E,
~tcue and cannec.t copy o~ •
and ~ha~ the game hay nab been amended arc hepea.~ed.
SATED:
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