HomeMy WebLinkAboutReso 1972-6554IEiJ RECORDED, • PLEASE RETURN T0:
' Jennie M• Fiilasz, pity Clerk
P, O. I3ox . l08'7
Chula Vixra, California 92012
RESOLL'T? O:~ OL~ TIII:
VISTA, AUTIIORIZIN~
OF CERZ't'~IN F~UL3LIC
SOLD TO DF~NIEL Ii.
AT 172 "D" STRI;'ET
,1Qt~n,1`.i~k
R~ECOf~GE•C~ f+EQUEST OF
SEP ~ ~ ~ 1~ ' 7
RESOI.~U'I'IOI~J NO. 6554
OFFICi ~~;. ~,.-;GC~OS
CITY COUN('ZL OF THE CITY OF CI-Ii:pIEpO COUNTY~CALIF.
`1'HT: DL; F'1}i:FL%!L OF `I'IIE INSTALLA`i'IONHARLEYF.BLOOH
INIPROVEP~iL:,N'~'S ON TIIF' PROPERTY TO BE RECORDER
11I~ID LIiJDt'~ C. JOSEPIiSON, LOCATED
IN THE CITY OF CIIULA VISTA
The City Council of the City of Chula Vista .does hereby ~~ ~~~
resolve as follows:
WHEREAS, on the 22i-id day of_ February, 1971 the Planning
Commission of the City of Chula Vista, in accordance with the
provisions of Section 2%.,~1~"1 of the Chula Vista City Code,
authorized a delay in the installation of certain improvements on
the property owned by ALLISON W. EVAIIS, located at 172 "D" Street
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, and
WHEREAS, said property owner has entered into an agreement
with DA~UIEL H. anti LIh~Dta C. JOSEPHSOI: to sell said property, and
WHEREAS, DANIEL H. and LINDA C. JOSEPHSON 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 authc>rize the deferral of the
installation of certain public improvements on the property de-
scribed hereinabcve, 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..
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized to sign the Agreement for
the Deferral of the Installation of Public Improvements which con-
tains said lien.
BE IT FURTIiER 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 the Bank of America who
is overseeing the abovementioned buy-sell agreement, to be recorded
at the close of escrow.
Presented by
7
05~.-~
Lane F. Cole, Director o Pu is
Works
Approved as to form by
n;~~ ;~
George D. - lndberg, City Attorne~ ~~'
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AGREEMENT FCR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY TO BE
PURCHASED BY DANIEL H. AND LINDA C. JOSEPHSON
LOCATED AT 172 "D" STREET IN THE CITY OF CHULA
VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF
SAID IMPROVEMENTS
THIS AGREEMENT, made and entered into this 8t~i day
of August , 19.72, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
DANIEL H. and LINDA C. JOSEPHSON, hereinafter referred to as
"Property Owner";
W I T N E S S E T H:
WHEREAS, the former Property Owner, had 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 instal-
lation 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 con-
struct the same, then the Planning Commission, in its discretion,
upon finding that the grounds for said exceptions from the require-
ments of Section 27.504 were reasonable and were in conformance
with the requirements of Section 27.507 for said exemption, may
grant said exemption to said Property Owner and said exemption may
be limited to a specified period of time, and
WHEREAS, the Planning Commission, on February 22, 1971,
did grant said request for an exemption to the provisions of
Section 27.504 on the conditions set forth hereinafter, and did
find that the grounds for said request for an exemption, for the
property located at 172 "D" Street in the City of Chula Vista,
also known as the westerly portion.of Lot 33 of Rosebank Sub-
division (Assessor's parcel No. 566-300-22 as of March 1, 1971)
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, DANIEL H. and LINDA C.
JOSEPHSON, 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 t?~~ey 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
covenants 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, fails to install or construct said improvements in
the manner and within the time specified herein, he 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
-1- --
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. "
~~~
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 com-
pletion of said improvements, 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.
(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 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 $1,900.00, 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
Commission of the City of Chula Vista, as follows:
64 L.F. Type "G" curb at $2.25/ft.
320 S.F. 4" P.C.C. walk at $0.50/S.F.
1056 S.F. pavement & base at $0.35/S.F.
64 L.F.. drainage culvert at $16.00/f t.
Contingencies
Total Lien Amount
$ 144.00
160.00
369.00
1,024.00
X1,697.60
202.40
X1,900.00
ITd 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 P ROPERTY OWNERS:
,;
-_
.-
_ _. t _ .
~_
Mayor of the City of Chula Vis
J -~ ~
ATTEST ~ f L ~ ~.C: O/f ~ ( ~ r_ ~ ~'
City Clerk ;;
Approved as to rm by
~ ,
City Attorney
~. i ~ ~,•
" ~ LORRAINE A. KRAKER j
"
c ~ 'l• Nriarv Public Caiifurnio ~
' ~ ~ SAN DIEGO COUNTY ~
4A~ M~ Commission Expirey~uyn==2,'Y7-•~;
1'7'73
ADOPTED A?~D AI'YROVED BY `i'I-.T CITY COUNCIL OF THE CITY OF
CHULA V1STt~, CALLFOPu~IA, L-his 8th day of_ August ~~ x97 ~`
by l.he following vot.~, to-c,~it:
AY~;S: CC+ur2C~~ut~;Z E$dahi, Scott, Hchel.; iiamilton
NAPES: COUriC-t~mCvt None
ABSENT: Cour.e~~rnerl Hyde
~~ ~
,~
~^ , _ , .y
Mayon o~ ~h
~~~ ~ C~..~ y L Efl 2
STATE OF CALIFORNIA )
COJIVTY OF SAi~ DIEGO ') ss o
CITY OF CHULA VISTEj )
~ - ~~ ~ ~
~~ , 1
1 , ~-- --i_,-
~ ._ ~
. ,. ~,,..
C~,~y o {~ Chu.~a V~.~s,~ta
I, J~NNT~ hda ~LIt~ASZ, C~.~y C.~enh a~ .the C-i.~y o~ ~ Chu.~a V~..~tia,
Ca.Q..%~onn.{a, DU H~R~BY C~RTI~Y ~ha~ the-above and. ~onego~.ng ~..~ a ~u.~.~,
ZhUe and eontcec-t Cord a{ ~ Res~~lution No. 6554
and ~l:a~ the .c ame 6ia~ nod been amended o.~. nepea~edo
DAT~~: August 11, 1972
~~~~/. ivy
RESOLUTION N0.65~4
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 DANIEL H. AND LINDA C. JOSEPHSON, LOCATED
AT 172 "D" STREET IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 22nd day of February, 1971 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 ALLISON W. EVANS, located at 172 "D" Street
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, and
WHEREAS, said property owner has entered into an agreement
with DANIEL H. and LINDA C. JOSEPHSON to sell said property, and
WHEREAS, DANIEL H. and LINDA C. JOSEPHSON 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 de-
scribed 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.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized to sign the Agreement for
the Deferral of the Installation of Public Improvements which con-
tains said lien.
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 the Bank of America who
is overseeing the abovementioned buy-sell agreement, to be recorded
at the close of escrow.
Presented by
Approved as to form by
Lane F. Cole, Director o Pu is George D. ndberg, City Attorne
Works
ADOPTED ARID APPROVED BY 'x'HE CITY COUNCIL OF -THE CITY OF
CHULA VISTA, CALII?'OF~VTA, phis 8th day of August ~ 197 ~f
by the following emote, to-brit:
AYES: Cc+unc~..Cmevc
NAYES: Counc~.~men
ABSEN'T': Caus2C~~men
Egdahl, Scott, Hobel, Hamilton
None
Hyde
~'
~-._._ __ j ~ ~~ ~r ~- ' ~~i , ..~ I~
ayoh o~ xh'e C~:~y o~ .Chu
ATTEST ~, -,~-~ ~ ~~~~
~/ C~.~ y C erg
STATE OF CALIFORNIA )
COJNTY OF SAM DIEGO j sso
CITY OF CHULA VISTA ~
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V.c~ ~ a'
t, J~~NNI~ Mo fiUt~dS2, C~.~y C.~enFz a{~ .the Cti~y a~~ehu.ea V.id~a,
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hue and coxnec.t cony a~
and -tHa~ the game hay n~~ been amended an nepea.2ed>
DAT ~D:
Cx~y C en
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