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Home My WebLink AboutReso 1973-6819When recorded please return to: • 21.3 •, . .. ~~. RESOLUTION N0. 6€319 RESOLUTION OF THE CITY CO~TNCIL Or^ THE CITY OF CHULA VISTA AUTHORIZING THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY TO BE SOLD TO THEODORE ir1ILLIAP4 MELTON AND NATHANEAL MELTON, LOCATED AT 441 JAMES COURT IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 16th day of September, 1968, the Planning Commission of the City of Chula Vista,•in accordance with the provi- sions of Section 27.28 of the Chula Vista City Code, authorized a delay in the installation of certain improvements on the property owned by Ausie Lee, Merrill E. and Louella M. Nelson, located at 441 James Court 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, and WHEREAS, Ausie Lee Nelson is now deceased, and Merrill E. and Louella M. Nelson have entered into an agreement with Theodore William Melton and Nathaneal Melton to sell said property, and WHEREAS, Theodore William Melton and Nathaneal Melton are in need of a release of this encumbrance in order to secure financing for said property, and WHEREAS, said proposed purchasers have 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 describ- ed hereinabove, in accordance with the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said offer of a lien on said property said improvements. BE IT FURTHER RESOLVED that Vista be, and he is hereby authorized the Deferral of the Installation of P said lien. said Council does hereby accept to insure the completion of the Mayor of the City of Chula to sign the Agreement for ublic Improvements which contains BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby directs the•City Clerk to send a certified copy of this Agreement to the escrow agent at Colony Escrow Company, 355-A Third Avenue, who is overseeing the abovementioned buy-sell agreement, to be recorded at the close of escrow. Presented by Approved as to form by ~~ ~ ~, r~ / .. s ~. _. ~ , . , .. ~ ._. _ ~- Georg~.~~. Lindberg, City Att ey George ~. Lindberg, City Attor~r~y RlCOR~~~ ~ ~ !ifi OF Title Insurance and Trust ~Compaty- ~I~ IZ~aI'~'~ OFFICIAL kECORDS tAN DIlGO CDUN'-Y. ALIF. HARLlY F, 9LDQ~ ' y~ t`C RECOROlR ~': NO '~EE ,l.!•f ~/~ AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY TO BE PURCHASED BY THEODORE W. AND NATHANEAL.MELTON LOCATED A`i' 441 JAMES COUR`?' TN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 10th day of April , 1973, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and THEODORE W. AND NATHANEAL MELTON hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, the former 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 upor. 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 September 16, 1968, 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 441 James Court in the City of Chula Vista and did find that the grounds for said request for ar. 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, Theodore W. and Nathaneal Melton, 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 Vi~~ta 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 215 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 a~~~ount. (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 ar~d the cost of aid impro~~e- ments and the amount of this lien is the sum of $1,000.00, 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: Curb and gutter - approximately 83 lineal feet Sidewalk - approximately 290 square feet Driveway approach - approximately 75 square feet Street pavement - approximately 1950 square feet 5. It is further understood and agreed that Owners and/or their heirs, assignees or successors in interesit shall at such time as a 1911 or 1913 Act petition is circulated sign said petition and that skid parties do hereby waive all rights to protest in the event such a 1911 or 1913 Act proceeding i.s instituted. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. VT~TA Ap roved as to y ~ ~- '~ ~~. --~' City Attorney -2- ~~ ~/ 9 ., 2.16 ADOPTED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of April , 197 3 by the following vote, to-wit: AYES: Cauncti.~men Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Caune~..~men None ABSENT : C a un c~.2.m e n None ATTEST (s) Jennie M. Fulasz Cti~ y ejc. STATE OF CALIFORNIA } COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) (s) Thomas D. Hamilton, Jr. ayatr. G e .cry a u a ~.~ a I, J~NNI~ Mo ~ULASZ, C,%~y C.~e~.F~ any the C.i.~y v~ CC~u.~a V~,~~a, Ca.2~.bann~.a, ~0 H~R~By C~RTI~y ~ha~ the abase and ~on.egcs~:~.g ~:~ a ~u.~.L, .~~.ue and catcnec~ cagy a~ Resolution No. 6819 and ~ha~ the ~ ame h.a~ nab b een amended arc ~e~ea.~ed> I~ ~A1~~: April 12, 1973 ~ ~~~ ~/;~~ / tT ; 1 ~~ -`~ _ ~ ~ ~' / ,, _ ~s -~- .. r - . _~~. -. _ .~,7 /~- ~~ ~ .. - "ice ti~ y Z`'.~ e~ciz 7 ~, ~ , ~, Deputy City Clerk ~/,~ ~i~ RESOLUTION NO. 6819 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY TO BE SOLD TO THEODORE WILLIAD'i MELTON AND NATHANEAL MELTON, LOCATED AT 441 JAMES COURT IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 16th day of September, 1968, the Planning Commission of the City of Chula Vista, in accordance with the provi- sions of Section 27.28 of the Chula Vista City Code, authorized a delay in the installation of certain improvements on the property owned by Ausie Lee, Merrill E. and Louella M. Nelson, located at 441 James Court 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, and WHEREAS, Ausie Lee Nelson is now deceased, and Merrill E. and Louella M. Nelson have entered into an agreement with Theodore William Melton and Nathaneal Melton to sell said property, and WHEREAS, Theodore William Melton and Nathaneal Melton are in need of a release of this encumbrance in order to secure financing for said property, and WHEREAS, said proposed purchasers have 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 describ- ed hereinabove, in accordance with the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said offer of a lien on said property said improvements. BE IT FURTHER RESOLVED that Vista be, and he is hereby authorized the Deferral of the Installation of P said lien. said Council does hereby accept to insure the completion of the Mayor of the City of Chula to sign the Agreement for ublic Improvements which contains BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby directs the City Clerk to send a certified copy of this Agreement to the escrow agent at Colony Escrow Company, 355-A Third Avenue, who is overseeing the abovementioned buy-sell agreement, to be recorded at the close of escrow. Presented by Approved as to form by ~~'~~ ~ . Geo D. Lindberg, City A rney George Lindberg, City Attor y ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of April ~ 1973 by the following vote, to-wit: AYES: Cauncti~.men Ectdahl, Scott. Hobel, ~.iamilton,, HXde NAYES: Caunc~..~men None ABSENT: Caunc~..~men None P ay ~ ~. a~ e .c ~ y o ~ u c~ ~~ Q~,, !`~ ,- ATTES~-a - /l /1-CCU ~ ~,~ ~. «. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, J~NNI~ N~ ~UL,4SZ, C~:~y C.2enFz v~ ~v~e C~.~y ~~ C~u~.a V~.e~ta, Ca2ti~~hn~.a, DO H~R~By C~R7I Fy ~na~ ~h.e abo~ue and ~~ne.gc~~.~.g ~,~ a ~ukk, ~~cue and ean}c.ec~ cad y a ~ and ~ha~ ~~.e ~5ame hay nab been amended arc ne~ea~.edo ~AT~~: tiny 2enfz ~~~i~