HomeMy WebLinkAboutReso 1972-6315RESOLUTION NO. 6315
RESOLUTION OF THE CITY COUNCIL OF TEiE CITY OF
CHULA VISTA, AUTHORIZING THE DEFERRAL OF THE
INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON
THE PROPERTY OWNED BY MRS. CARROL B. HAUENSTEIN,
LOCATED AT 168 "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 20th day of December, 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, author-
ized a delay in the installation of certain improvements on the
property owned by Mrs. CARROL B. HAUENSTEIN, located at 168 "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.
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 to sign the Agreement
for the Deferral of the Installation of Public Improvements which
contains said lien.
Presented by .Approved as to Form by
ane F. Co e, Director of George-~~indberg, City AttornP~,'% r
Public Works
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 18th day of January
by the following vote, to-wit:
1972,
AYES : Caunc~.~mevc Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: CUUV~c~~mevi None
ABSENT: CGUV~c~~mev~ None
,
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Mayon a~ ~ e Cti~y a~ C u~a V~.~~
ATTEST -~ ~
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C~ y C en
v'.~FmE OF CALIFORNIA )
~.~~ivTY OF SAN DIEGO ) ss .
CITY OF CHULA VISTA )
I , JINNI ~ M~ ~ULASZ, Cti~y C.~erch a~ ~h.e C~,~y any Chu~2a V~~,,ta,
Ca~.~.~vtcv~~.a, ~~ H~R~By C~RTI~y ~ha~ the above avid ~anegGtiv~g ~.~ a ~u2~
~n.ue avid cvnnec~ cad y G ~
avid ~ha~ ~G~e game G~a~ v~a~ beev~ amev~ded an n.epea~ed„
~AT~~:
C~.~ y Caen
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AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY
OWNED BY MRS. CARROL B. HAUENSTEIN, LOCATED AT
168 "D" STREET IN THE CITY OF CHULA VISTA AND
LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS
THIS AGREEMENT, made and entered into this 18th day of
January , 1972, by and between the CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and
CARROL B. HAUENSTEIN, hereinafter referred to as "Property Owner";
W I T N E S S E T H
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 December 20, 1971, 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
168 "D" Street in the City of Chula Vista, known and designated as
Parcel A of Parcel Map No. 465 filed with the San Diego County
Recorder, and did find that the grounds for said request .for an
exemption were reasonable and were in conformance with the require-
ments of Section 27.507.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owner, Mrs. CARROL B. HAUENSTEIN, in
lieu of making the improvements specified herein, prior to final inspec-
tion or the giving of a certificate of occupancy, agrees, covenants
and promises that she 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
herein contained, Property Owner hereby grants to
Vista a lien upon the property herein described,
Property Owner, her successors, heirs, assigns or
to install or construct said improvements in the
time specified herein, she agrees that City may d
following:
-1-
promises and covenants
the City of Chula
and in the event that
transferees, fail
manner and within the
o any or all of the
___,.
1-' - ~~ t
,;:
(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, her 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.
(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,
her 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, her 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 $1,500.00, 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
Commission of the City of Chula Vista, as follows:
1. Type "G" curb, 66.6 L.F. at $3.00/L.F. _ $ 199.80
2. 1 each 18' driveway approach, 81 S.F. at $0.75/S .F. = 60.75
3. 4" P.C.C. sidewalk, 220 S.F. at $0.55/S.F. = 121.00
4. Pavement & base, 1,099 S.F. at $0.43/S.F. = 472.57
5. Earthwork, Lump Sum = 200.00
Total 1,054.12
10% contingencies 105.41
$1,159.53
Engineering 340.47
Total lien amount $1,500.00
IN WITNESS WHEREOF, the parties hereto have caused this
-2-
_~`/ ~ ' ~!
agreement to be executed the day and year first hereinabove
set forth.
THE CITY OF CHULA VISTA
~ - " ~ ~ ~ ~'~~~' } i ~ , G-") ~` ` -
Mayor of the City of Chula Vita
,,
ti '"
ATTEST -~ , . ~ ~:~ „~~~/~ .~
City Clerk
PROPERTY OL~IPIER
r ~~:.,
Carrol B. Fiauenstein
Approved as to form by
George D. ndberg, City Attorney
TO 447 C
(Individual)
STATE OF CALIFORNIA
~~ J} SS.
COiiNTY OF ...S~r~ !//cc~~7
On ~~sz~/ oi~ 7 - ~ 9 ~ ~ before me, the undersigned, a Notary Public in and for said
State, personally aped ~ ~
U, he the person whose name_ /-S subscribed
to the within instrument and acknowledged that s/~t
rxecuted the same.
~ITNF.SS my hand and official seal.
Signatureb ~,Gtt~~- ~'T ~ `~
Nam , yped or Printed)
known to me
TI
~P~°F> OFFICIAL SEAL x~
vP apup.. 1p.
DUANE M. HUGHES
mph" ~ ~ NOTARY PUR! IC-CALIFCiRi\I.<`.
e ..~ ~ . SAN DIE'~O COUNTY
`a~~r~~r~iP My Commission Expires Jan. 23, 1974 j.
276 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012
(This area for official notarial seal)
-3-
_ _ ~ ~~ ~
i
Retum to. `73-~6~3b~
t Ci+~rk ""
Chula Vista Ci y '7,31, ~, ~ i.,,;'_ _ _-----
F "~ i~i3
276 Fourth Ave. F''"`~ ~~
Chula Vista, CA 92010 •p,~CO~'GE C,F~ uI:.ST aF
~,~z~r~ L~ITY CLERK
I~pR ~~ ~L 33 F~"(J
S. N Dll:GO GQUNTY.CAI-IF.
RE.~OLUTION NO. 631.5 I{ARLEY £,g1.00M
_ R,i^CORO£R
RESOLUTION OF `T'HI?, CITY COUc~CIL, OF THE CITY OF
CIiULA VCSTA, AUTHOT;ILIIJG TiIF DEFERRAL OI TIIE NO FEE
INSTALLA`i'IO:d Gi' C1~1~TAIN PUL3LIC IAIPROVLI~iENT5 ON
THI PROPEF:r'Y O~aI~~D I3Y MRS . CARROL U . IIAUENSTEIN,
LOCATEI_) A`' 168 "D" STREIJT, IN TIIE CITY OF
CHULA VIS`i"A
The City Council of the City of Chula Vista does hereby
resolve as follo~•ss
y~HEREAS, on the 20th day of December, 1971, the Planning
Commission of the City of Chula Vista, in accordance with the
provisions of Section 27.501 of the Chula Vista City Code, author-
ized a delay in the installation of certain improvements on the
property owned by T~irs. CARROL B. IIAULTISTEIN, located at 168 "D"
Street, in the City of Chula Vista, and
VdIiEREAS , said property owner agreed to furnish to the
City of Chula Vista a lien on said property, in an an~ou~_t suffic~_e.)t
to construct said improvements.
N0~~7, TIIFP.EFORE, EE 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 FURTFIER RESOLVED that said Council does hereby
accept said offer c,~f a lien on said property to insure the completion
of said irrsprovements, 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 to sign the Agreement
for the Deferral of the Installation of Public Improvements which
contains said lien.
Presented by
,,: ,, _ , _
ane F. Co e, Director of
Public 6dorks
Approved as to Form by
~,
George D.-Lindberg, City Attorney
: ; ~~ !
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'"7;3'7
AGREF:I~II~N'I' FOR '.t`HE
OF CFRl~t~It~1 PUI3LIC
OWNED BY iRS . CAIZ
168 'PD" S'1REET IN
LIEN SECURING THE
IMPROVEP~'ILivTS
DEFIJitF:AL OI~' TIIL INS'T'ALLATION
1"MPl?OVEr'"iL'I~1TS ON TII)J PF~OPERTY
ROI, B. IIAUI,NSTEIN, LOCATED AT
TIIl CITY OF CIiULA VISTA AND
FUTURE INSTALLATIOiv OF SAID
TIiIS AGI;E',;I`IENT, made and entered into this 18th day of
January , 197?.., by and between the CITY OF' CHULA VISTA, a
municipal corporat~.op, hereinafter referred to as "City", and
CARROL B. HP.UEI~ZSTI,IN, hereinafter referred to as "Property Owner";
W I T N E S S E T H __
ti~tHEREAS, Property Owner has applied to the Planning
Commission of tl~e 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 1_ot or parcel upon which a structure or building is
to be installed, erected, or moved upon, and
WIIEREAS, said Section 27.507 provides that if the Planning
Commission, iri 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, a.nd
WHEREAS, the Planning Commission, on December 20, 1971, 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
168 D Street in the City of Chula Vista, known and designated as
Parcel A of Parcel Map No. 465 filed with the San Diego County
Recorder, and did find that the grounds for said request for an
exemption were reasonable and were in conformance with the require-
ments of Section 27.507.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owner, Mrs. CARROL B. HAUENSTEIN, in
lieu of making the improvements specified herein, prior to final inspec-
tion or the giving of a certificate of occupancy, agrees, covenants
and promises that she 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, her successors, heirs, assigns or transferees, fail
to install or construct said improvements in the manner and within the
time specified herein, she agrees that City may do any or all of the
following:
-1- :~~ pis
~~,
(a) I-nstall. ar. construc:t said improvements by contract
or ot.hE:.rwise, and perrn~.ssion is hereby granted to City or
its contractor and contractor's employes 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 l~roper.ty and said cost and expense shall be payable
by Property Owner, her successors, heirs, assigns or
assignees, irunediately upon completion of said improve-
ments, and in the event: the same is not paid within
thir-t.y (30) days from said. completion, the City may
foreclose said lien, as provided by law for the
foreclosure o.f. 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 Uwner,
her 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, her 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 to tai 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 $1,500.00, and said
work shall be done in accordance with plans and specifications on
file in the Office of the Director of Public ~vorics, and shall consist
of that wor)` specifically deferred by the action of the Planning
Commission of the City of Chula Vista, as follows:
1. Type "G" curb, 66.6 L.F. at $3.00/L.F. _ $ 199.80
2. 1 each 18' driveway approach, 81 S.F. at $0.75/S .F. = 60.75
3. 4" P.C.C. sidewalk, 220 S.F. at $0.55/S.F. _ 121.00
4. Pavement & base, 1,099 S.F. at $0.43/S.F. = 472.57
5. Earthwork, Lump Sum = 200.00
4
12
Total .
1,05
10% contingencies 105.41
1,159.53
Engineering 340.47
Total lien amount 1,500.00
IN L'~ITNESS tdIIEREOF, the parties hereto have caused this
-2-
- '73~)
agreement to be exeGUted the day and year first hereinabove
set forth.
THE CITY OF CHULA VISTA
PROPERTY 064YJI;R
't
_ __ f ` _ - .
rlayor of the City o£ Chula Vista Carrol B. fIauenstein
( _ ,-
ATTES T i~~ -' _ ~, ~,
City Clerk
Approved as to form by
0
,~ ~~
~-
George D . T.~r'ndberg, City Attorney
TO 447 C O
~ltld l~'ldtlall
ST~1T1?. OF CALIPORNI:1 1 ~S.
COI_~NTI O'r' ~-S412_.lr-~"~"~ c? JT
On ~i~t./-ate ~ ~ ~ ~ 1)e{ore me, the undersihned, a Notary Public in and for said
~- ---
State. personally appeared --- - J
- .known to me
to he the prr~on _ whose name / S subscribed
to thy, within imtrument and acknowledged that. ~t1~e_-_
esecoted the game.
n'I"rVI:SS u)y hand and official seal.
Si~natttrey.~l:~`"'"tl~%G,. ----
Nam~'lyOed or }'rioted)
SE~,4 ~~ . OFFIc;fAL SI;AI_
,'~~-! `~s• DUANE P~1. HUGHcS
d~~t N;)lARY Pl.(R! (C-CALIFGRiVL~
~~. SAN rJIF''.0 CCU^:TY
MyCommission Expireslan.23,1974 i.
276 Guava Ave., P. O. Oox 1087, Chula Vista, Ca. 92012
(This area for ofhcial notarial seal)
- 3-
~~ ~~~
~~.10
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFOF~IIA, this 18th day of January 197Y
by the follocaing vote, to-wit:
AYES : Cvui1 C~t.~me~t_ Scott? Hobel, Hamilton, Hyde, Egdahl
NAYES: CvuvtC~~met1 None
ABSENT: CvttvtC~.~me~t None
Mayan a ~ ~ e Cti~y a ~ CGtu~.a V~.~ xg,
ATTEST ~ ~~ -~ ~% ~ ` l
,~_ ~, Cti~y Ck.enZ
S`~.~~.`1'E OF CALIFORNIA )
:.,:~~;ivTY OF SAS] DIEGO ) ss,
CITY OF CHULA ~~JISTIl )
I, J~NNIC M. ~ULASZ, C~.~y C~en(z a~ the C.i~y aU Chu~.a V~,~~a,
Ca2~.{yanvttia, DU f~~R~By C~RTIFy ~ha~ the abave avtd bonego~.vtg ~,~ a ~u.~2,
~nue artd canhee~ cagy a~ Resolution No. 6315
avtd ~dia~ the game 6ia~ nab beevt amevtded an nepea.2ed.
~AT~D: March 14, 1973
- t _ ~ .,
C ~l-f C- ~ / t G- C_-~J-
C~ y C e h ~
~~~~