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Home My WebLink AboutReso 1973-6984Return ~o: Clti~~~ ~~~~~, ~'~ ~~~, 1366 . ~. ~,' RESOLUTION N0. 6984 i , ~~ . ~~~~~ . ~ - ,J ~~~ .~- z: ~.tir z ~~ ~= RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AU`T'HORIZING THE DEFERRAL OF THE INSTALT~ATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OPINED B~' JAMES W. AND PATRICIA A. WATKINS AT 3850 PALM DRIVE IN THE CITY OF CHULA VISTA The City CcR.incil of the City of .Chula Vista does hereby resolve as follows WHEREAS, on the 11th day of July, 1973, the Planning . Commission of the City of Chula Vista, in accordance with the provis;•ons 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 James W. and Patricia A. Watkins at 3850 Palm Drive, 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 Ch~ala 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 /g/~~jNF. F_ COLE /s/ GEORGE D. LINDBERG Lane F. Cole, Director of George D. Lindberg, City Attorney Public Works FlL: /PAGE N07~ 24~~~~ 900K i97~ RECOROrO REO EST Of_ A~ 31 f I of AM' ~3 OFFICIAL. RECORDS ~ SAN OIECO COUNTY+CALIF.' HARLEM F.8100M RECORDER ,.---.~ 110 FEt: ~' ~ ~ , c~-y~ ~~; ;~ ~~ ~ ,, -G=-....C4 ~~~~. i De}~c~,t~ C.i~t~ Cee,~cfz ~... tSUOP'1'EU ~?.~ ~r'FI20VED I3 ]' THE C~rTI' COUNCIL OI~ TIIE CITY OL' CkIUI;A. ~,'IS`.1'A, C-~I,II'OI:I'SIA, -~hi.s 21st day of _r. August ____•____, 1913, ~y the fo1:(_0~~~~~n~~ vote, to--•wit: AYES : C a u}2 c•G.Cfn E }~ Hobel, Hamilton, Hyde, Scott NAY.ES: Caunel~rr~.i~ None ~ - Egdahl I~BSENT : C a u}2 c~.~-f;i e.n -_ .~__.~__. -- -- /s/,THOMAS.D. HAMILTON, JR. :~'~11TE OF CALIFO~~Q%A ) COilta`.i'Y OF SAN DIEGO ) ss. CITY Oi' CHULA Vl'S'i'A ) I , PAN{ALA A. t1ANNA, •DLFCtTy CITY CL~RK,a ~ ~h~. C~.~:y a ~ Cliu.~a ~' ~~s~=a, Ca~~i.$ann~.a, DU ff~R~}3y C~RTII•Y ~ha~ :lie. abase and ~anega~.~1g ~.~ a ~~~~'•E, ~;xu.e and cannec~ copy as Resolution"No. 6984 ~,_ acid ~lia~ tl2e .~ anie 12a~ nab been amended an. n.epea.~ed. DATF~: August 21, 1973 - ; "' • - • ~ ~epr~ y C.i.,t y C ee,~.Fi ,~ .. ~ X68 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY JAMES W. AND PATRICIA A. WATKIN5 LOCATED AT 3850 PALM DRIVE IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS r~~ ~ ~ i~~ THIS AGREEMENT, made and entered into this 21st day of August , 1973, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and JAMES W. and PATRICIA A. WATKINS, hereinafter referred to as "Property Owners"; W I T N E 5 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 July 11, 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 3850 Palm Drive, Parcel "C" of Parcel Map No. 531, 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, James W. in lieu of making the improvements specified inspection or the giving of a certificate of covenant and promise that they will install, be installed or constructed the improvements within thirty (30) days of written notice fr• to install said improvements. and Patricia A. Watkins, herein, prior to final occupancy, agree, construct or cause to hereinafter set forth ~m the Planning Commission 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 ~-- ~6~ 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 $2,500.00, 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, 119 L.F. at $3.50/L.F. 2. Driveway approach, 80 S.F. at $1.15/S.F. 3. Sidewalk, 515 S.F. at $0.90/S.F. 4. A.C. Pavement and base, 952 S.F.at $0.50/S.F. 5. Roadway excavation. Lump Sum, 300 C.Y. Contingencies Sub-Total Engineering Plan and Staking TOTAL -2- Preparation $ 416.50 92.00 463.50 476.00 352.00 1,800.00 180.00 X980.00 520.00 ,500.00 ~~y~~ 33`7U 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. 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 `~ X 1.. ~~_~ Mayor of the ity of Chula Via J,~m s W. Watkins ATTEST Gv / G~. ~L~L.c_.f~ (~1 ,. (~ De ty City Cler atricia A. Watkins Approved as to form by _~~~~~r-'fit-...~ . /~ ~~ ~ .>/~/i~-lhr~ ~ TO 447 C (Individual) STATE OF CALIFORNIA 1 COUNTY OF --'~/~ ~~: ~~d )} SS. ~ On __._-~1,-~/vLS.~_ .f ~ '~ ~~~ ~ before me, the undersigned, a Notary Public in and for said State, personally appeared , t ~,,....a, ,. ~ ice/ ~;/~ ~/_ _ _. ~.~ to be the person~_ whose names 4/~C subscribed to the within instrument and acknowledged that G/~r~ executed the same. WITNESS my hand and official seal. Signature~~{?.~F.~~~'~ ~ -~i ~~ ~~ ~ ~l/~ia r rya „- s Name (Typed otlPrinted) ~~r. /fi' l known to me ~, OFFICIAL SEAL , DUANE M. HUGHE'S m ~ ;~ A+~~IARYPUFu iC-CALIFORNiA r ' ~`' SAN DIF 'O COUNTY ~,FO,>~~~" M~,,~CommissionExpiresJan.23,1974 k _- -~~ ---- -~I 276 Guava Ave., P. O. Box 1087, Chula Vista, Ca.'92012 (This area for afRcial notarial seal) Q,~~~ L TI 'Y ~~ y~~ RESOLUTION NO. 6984 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 JAMES W. AND PATRICIA A. WATKINS AT 3850 PALM DRIVE IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 11th day of July, 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 James W. and Patricia A. Watkins at 3850 Palm Drive, 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 Georg Lindberg, City Atto y Public Works V r~DOPTED A1.1D I~PPROVEa L1.' THE CI'.~~' CGLNCIL OF' THE CITY OF C1iULA VIS~'1`~, C.ALLI!~OPI~7I.A, tlt~;; 21st day of August .. v 19 7 3, by t11e fo:~.l c~c~Ting vote , to-~~~ i it AYES = Caunc.~.~ttten Hobel, Hamilton, Hyde, Scott NAY2;5: CounC~..Cmet~ None ABSENT: Cautic~.~Prnen Egdahl ;~'~~ , _ aya~i ~ ~ adze ~. y o ~ hu a • ti~ r ~~ _, ~-.' J ATTEST ~ <~ ~-~ ~./ Deputy C ~.~_ y ' .n7i ul A"=~:,. GF CALIFO12iQI ) COI1I~~t'~' OF SAN DIEGO ) ss . ~ CITY OF CHULA VISTA ) . I , PAMELA A. MANNA, D~FU7'Y CITY CL~RK,o ~ ~h e C~..~y a ~ Chu.~a ux.3 ~a, Ca.~~.~onntia, DV N~RFBY C~RTT~Y ~ha~ the abave and ~onego~,ng .i..; a ~u,('.E, ~jc~ue and connect. cagy a s and ~ha~ the dame ha.6 nab been amended a~. zepea.~ed. ~ATFD: ' ~ Deputy C-<.ty C.~enFz