HomeMy WebLinkAboutReso 1973-6834' When recorded please re~n to:
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RESOLUTION NO. 6$34
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, AUTHORIZING THE DEFERRAL OF THE
INSTALLATION OF CERTAIN IMPROVEMENTS ON THE
PROPERTY OWNED BY SHATTUCK CONSTRUCTION COMPANY,
KNOWN AS LOTS 1 THROUGH 125, INCLUSIVE OF
CANDLEWOOD SUBDIVISION, 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, 1912, the City Council
by Resolution No. 6463 approved the tentative map for Candlewood
Subdivision and imposed a condition of approval requiring Shattuck
Construction Company to pay its proportior~Gte share for the improve-
ment of Telegraph Canyon Road, and
WHEREAS, the primary purpose of this condition was to
guarantee the future installation and ultimate improvement of Tele-
graph Canyon Road, 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 deferral of the
installation of certain public improvements on the property describ-
ed hereinabove.
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 cf Chula
Vista be, and she is hereby authorized and directed to record said
lien agreement and this resolution in the Office of the County Record-
er 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 Improve-
ments, Telegraph Canyon Road, which contains said lien.
Presented by
/s/ Laa+e F. Cole
Lane F. Cole, Director of
Public Works
Approved as to form by
.~~ r=te/ `r".r~/ 111 f G''G:.'~
George Lindberg, City Atto y
f!!.£/PACE No~~ 1'~~9
800K 1973
REC ED REQUEST OF
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SAN pI~GO COUNTYRCALIF.
RAREFY F.BLOOM
RECORD SEE
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 24th day of April ,
1973, by the following vote, to-wit:
AYES : Cvun,c~.~.men. Egdahl, Scott, Nobel, f~-niltvcz, F?Yde
NAYES: Caun.c~.2men, eione
ABSENT: Caunc~.~mevt None
/s/ Thomas D. Hamilton, .r.
a y v ~c. v y e ~~ y v ~ u a ~.~ c~
ATTEST /s/ .Tennie M. Fulasa
Cti~ y erc.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, J~NNI~ ~o ~ULASZ, C,r,~y C.2e%cFz v~ the C~c~y v~ C~u~.a Vti~~a,
Ca2~:~vnn~.a, DO H~R~13~ C~RTI~y ~ha~ ,th.e abv~e avid {~v~.egv~.n.g ti,~ a ~ukk,
.~.~cue anal cvn~.ec~ copy v{~ Resolution No. 6834
avid ~h.a~ ~h,e ~5ame hay n.v~ been. amended vac. ~.epea2ed~
SAT ~~ : April 2S, I973
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AGREE?`4ENT FOR DEFEI~.RAL OF IMPF.OVEMENTS
TELEGRAPFI CANYON ROAD
THIS AGREEh1ENT, made and entered into this 24th day of
April , 1973, by and between the CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
SHATTUCK CONSTRUCTION COI~'IPANY, a corporation, hereinafter called
"Owner";
W I T N E S S E T H
WHEREAS, Owner owns the following described property locat-
ed in the City of Chula Vista, County of San Diego, State of California,
described as follows: •
Lots 1 to 125 inclusive of Candlewood, in the City
of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 7614 ,
filed in the office of the County Recorder of
San Diego County on April 30 1973.
WHEREAS, City desires to defer improvement of Telegraph
Canyon Road until such time as it is in the public interest to do
so, and
WHEREAS, City and Owner understand that such improvement
of Telegraph Canyon Road is reasonable, but may be deferred until
some time in the future.
NOW, THEP.EFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Owner and his successors and assigns agree to raise no
objection to the subsequent improvement of Telegraph Canyon Road in
the event that all or any portion of the herein-described land is
hereafter placed within an improvement district and assessed accord-
ing to law.
2. Owner and his successors and assigns agree to raise
no objection to the subsequent improvement of Telegraph Canyon Road
and to waive all rights under the various Improvement Acts as they
may relate to the above-described property and possible assessment
thereof.
3. City agrees that at such time as Telegraph Canyon Road
is fully improved and all debts or bonds or other debentures have
been paid in full by those owners of the above-described property, as
properly assessed under the applicable Improvement Acts, said land
and the owners thereof shall be fully released as to all the terms
of this agreement. City further agrees to execute and record in the
Office of the County Recorder of San Diego County, California such
documentation as may be lawful and necessary to accomplish the release
of this agreement as recorded.
4. This agreement shall be binding upon and inure to the
benefit of the successors and assigns of ttie parties and is intended
to operate as a covenant running with said land belonging to the
Owner so as to bind all parties who may in the future acquire an
interest therein.
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IN WITNESS bVHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
r~ i ,
Mayor of the City of Chula sta
ATTEST .~/~ ~~ c( ~/ ~ `/~c l ~ .~ ;
'"i' Cray Clerk
Approved as to form by
,~-e~-~-~~ ~~~~
George D. dberg, City Attorney ;%
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SHATTUCK CONSTRUCTION Cgb4P~I~~',
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RESOLUTION N0. 6834
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, AUTHORIZING THE DEFERRAL OF THE
INSTALLATION OF CERTAIN IMPROVEMENTS ON THE
PROPERTY OWNED BY SHATTUCK CONSTRUCTION COMPANY,
KNOWN AS LOTS 1 THROUGH 125, INCLUSIVE OF
CANDLEWOOD SUBDIVISION, 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, 1972, the City Council
by Resolution No. 6463 approved the tentative map for Candlewood
Subdivision and imposed a condition of approval requiring Shattuck
Construction Company to pay its proportionate share for the improve-
ment of Telegraph Canyon Road, and
WHEREAS, the primary purpose of this condition was to
guarantee the future installation and ultimate improvement of Tele-
graph Canyon Road, 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 deferral of the
installation of certain public improvements on the property describ-
ed hereinabove.
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 Record-
er 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 Improve-
ments, Telegraph Canyon Road, which contains said lien.
Presented by
Approved as to form by
`~
Lane F. Cole, Direct ,of George Lindberg, City Attor
Public Works
.,
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 24th day of April ,
197 3, by the following vote, to-wit:
AYES : CaunC~.kmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: CGUn~.~.kmen None
ABSENT: Caune~.kmen None
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ATTEST
C ~, ~ y etc. O
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA ~
I, J~NN1~ Me ~ULASZ, C.c~y Cketc.Fz Gay the C~.~y G~ C~~uka Vtio~a,
Cak~.~atcn.~a, a0 H~R~~S~ C~RTI ~y ~ha~ the above sued ~yutc.egu~.~.g ti,s a liukk,
t.~cue and catctcec~ ev~y a~ ~~
and ~ha~ ~~.e ~5ame hays nab been amended Gtc. tc.e~eakedo
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