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HomeMy WebLinkAboutReso 1972-6361When recorded, please return to: ,' 16E;~ L~;;~_~z:ir~rrar, Tr~~ris~~1;I? rE~x ~~__-~ l ~~e M. Ful:~sz, City Clerk p, p. Box 1087 (hula y;~, California 92012 RESOLUTION NO. 6361 RESOLUTION OF TIIE CITY COUNCIL OI' THE CITY OF CHULA VISTA, AUTHORIZING THE DEFFERAL OF THE IDdSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THIS PROPERTY OWNED BY MR. AND MRS. IIAROLD M. BENHARDT, LOCATED A`1' "D" STREET AT D4INOT AVENUE IN TIIE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: i~THEREAS, on the 24th day of January, 1.972, 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 Mr. and Dirs. Harold NI. Benhardt, located at "D" Street at Minot Avenue in the City of Chula Vista, and 6~IIEREA5, said property owners agreed to furnish to the City of Chula Vista a lien on said property, i_n an amount sufficient to construct said improvements. NOL9, THEREFORE, BE IT RESOLVT'D that the City Council of the City of Chula Vista does hereby authorize the deferral of the installa- tion of certain public improvements on the property-described herein- above, in accordance with the recommendations of the Planning Commission. BE IT FUR'I'IIER RLSOLVF~D that said Council does hereby accept said offer of a lien on said proper_t.~J to iissur_e the completion of said improvements, and that the City Cl.ei:k 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 Country Recorder of the County of San Diego, California. BE IT FUF.`i'I3ER RESGLVED 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 ' /~ . ~-~ (s) Lane F. Cole _-'~~~'-~---=% ~` Lane F. Cole, Director of Public George Lindberg, City Atto ey [ti~orks ~i`~~`~~tr~ FILE/PAppOK0197~- RECOF~aI-(` ;~~OUEST Of: (~~!~. ~ "Tr ~ ~.r~ 3 56 P~~~t ~laR T~ OFFICVP,4 , ')RDS SAN DIEGO COUNT Y. CALIF. HA RLEC RDEROM NO FEE ~~_~~/ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th day of March , 1972, by the following vote, to-wit: AYES: Cvuvteti~.mev~ Hyde, Egdahl, Scott, Hobel Hamilton NAYES: Cauv~cti~.mev~ None ABSENT: Cvuv~c~.~mev~ None ATTEST ,~' ~ ,.~~,., C~.~ C en v`~~.TE OF CALIFORNIA ) ~:;~~ivTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) I, J~NNI~ Ma ~ULASZ, C~.~y C~2enFz v~ the Cti~y a~ Ch.u~a V~.~~a, Ca.~~,~y~tcv~.~.a, a0 H~R~I~y C~RTIFy ~h.a~ the abase avid ~anega~.v~g ~.~ a ~u~~., ~nue avid cannec~ cagy any Resolution No. 6361 avid ~G~a~ the game hay v~a~ beev~ amev~ded an n.epea2ed~ ~AT~~: March 8, 1972 eti~y e.een ~_~ ~,, ~ ~. J When zecorded, please return to: 1663 ' ~crmie 1~. Fulasz, Ciry Clerk p: O. Box 1087 ~„~v;~, Californ~la 92012 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY MR. AND MRS. HAROLD P~7. BENHARDT, LOCATED AT "D" STREET AT MINOT AVENUE, IiQ THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and March 1972 by and municipal corporation, hereinafter Mrs. HAROLD M. BENHARDT, hereinaft~ Owners"; entered into this 7th day of between THE CITY OF CHULA VISTA, a referred to as "City", a~zd Mr. and ~r referred to as "Property W I T N E S S E T H WHEREAS, Property Owners have applied to the Planning Commis- sion 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 improve- ments 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 January 24, 1972, 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 "D" Street at Minot Avenue in the City of Chula Vista, known and designated as Parcel 1 of Parcel Map No. 23, Records of San Diego County, 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, Mr. and Mrs. Harold M. Benhardt, in lieu of making the improvements specified herein, prior to final inspec- tion 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 covenants 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 transferrees, 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 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 - 1664 by Property Owners, their successors, heirs, assigns or assignees, immediately upon completion 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 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 improvements and the amount of this lien is the sum of $2,000.00, a~:d 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, 80 L.F. at $3.00/L.F.= $ 240 2. 4" P.C.C. sidewalk, 360 S.F, at $.60/S.F.= 216 3. AC pavement and base, 1320 S.F. at $.50 S.F.= 660 4. Earthwork, lump sum = 384 Total $1,500 10~ contingencies 150 1,650 Engineering costs 350 Total Lien Amount 2,000 IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CI ~ OF CHULA VISTA ,-~ ., Mayor o~the Ci y of Chula Vista ATTEST ~t.~z-cam. City Cler PROPERTY OWNERS MY. "Harold M.~Be(nhardt ~- Mrs. Benhardt .c~e~ ,7" Approved as to form by City Attorney ~l~~~nl r CHULA VISTA, CALIFORNIA, this 7tp1 day of Piarch ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF by the followincr vote, to-wit: 197, AYES: Cauv~c~:.2mev1 Hyde, Egdahl, Scott, Hobel Hamilton NAYES : Caua2c~.~mev1 Npn;e ABSENT: Cauv~eti~mevl None 1666 (s) Thomas D. Hamilton, Jr. Mayah a~ ~ e C~c~y a~ C u2a V,~~~a ATTEST (s) Jennie M. Fulasz C~.~ y C e~c S`~~.'~'E OF CALIFORNIA ) ~.G~ivTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) I, JENNIE Mo FULASZ, C~.~y C2enfz a~ Gee Cti~y any Chu~2a V,%d~a, Ca~.~.~anv~.~a, ~0 HEREBY CERTIFY ~Gea~ ~G~e above avid ~anega~.~.g ti~ a ~u~.2, ~nue avt,d cannec~ cagy a~ Resolution No. 6361 avid ~Gca~ ~h.e ~5ame h.a~ v~a~ beev~ amevlded an n.epea2ed~ 1~AT E 1~ : March 8 . 1972 TO 447 C (Individual) o-- -mot ~ ~ ~ Cti~y C en 6 ~~ TI STATE OF CALIFORN[A COUNTY OF ^ ~-"~%i' ~ ~ 4 ~ SS. On ~~' ~ °~'-~-~~~~hefore me, the u ndersigned, a Notary Public in and for said State, personally appeared ~ dry/i/° ~~ crrac / ~ ~ T W I - W ~ + to be the perso n,~-_- whose name 5 4r ~ subscribed ,known to me ~ _ to the within instrument and acknowledged that -f/j executed the same. ~- WITNESS my hand and official seal P~ or r OFFICIAL SEAL i'.~W 'f' e DUANE M ~ . HUGHES ~ ' Y_~~ Signaturf~ ~r~""~~~ ~ -- ~ ra " NOTARY PUBLIC-CALIFORIVIA C'O[,FOPel\P~~ SAN DIE p COUNTY my Commission ExpiresJan.23 1974 , 276 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012 Name (Typed anted) (This area for otficial notarial seal) r ~~~~/ AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY MR. AND MRS. HAROLD b1. BENHARDT, LOCATED AT "D" STREET AT MINOT AVENUE, IiJ THE CITY OF CHULA VISTA AND LIEN SECURING TIIE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 7th day of March , 19 72, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and Mr, and i+irs. HAROLD M. BENHARDT, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, Property Owners have applied to the Planning Commis- sion 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 improve- ments 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 discret_an, 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 Commis%on, upon finding that grounds for said exception from the requirements of. Section 27.504 were reasonable and were in conformance with the regt~irements 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 January 24, 1972, did grant said request for an exemption to the provisions of Section 27.504 an the conditions set forth. hereinafter, for the property located at "D" Street at Minot Avenue in the City of Chula Vista, }mown and designated as Parcel 1 of Parcel T~iap i~Jo. 23, Records of San Diego County, 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 MUTUAT~LY AGREED by and between the parties hereto as follows: 1. That Property Owners, Mr. and Mrs. Harold M. Benhardt, in lieu of making the improvements specified herein, prior to final inspec- tion 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, wi_thi_n thirty (30) days of varitten notice from the Planning Commission to install said improvements. 2. For the faithful performance of the promises and covenants 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 transferrees, 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 permi_ssi.on i.s hereby granted to City or its contractor and contractor's employees to enter upon any portion or portions of said prapert.y reasonably necessary for said construction, a~;d the entire cost and expense of said improvements s3ta11 be charged against said property and said cost and expense shall be payable _1_ ~ ,, _ ~fD i by Property Owners, their successors, heirs, assigns or assignees, immediately upon completion 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 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 esti.mai.ed by the Director of Public ~^~or)tis to cover tl-ie 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 rcco.rd and hold this agreement or any new agreement unrecorded as long as said cash deposit is left witl~z the City. 4. The wor}~ to be performed and the cost of said improveni~n.ts and the amount of. this lien is the sum of $2,000.00, a~:d raid work shal_1 be done in accordance with plans a.nd specifications on file in the Off:ice of the Di_rcctor of Public Iti'o:r..-ks, and shall consist of tha_-L- worlc specifically deferred by t}ze action of the Planning- Commission of the City of Chula Vista, as follows 1. Type "G" curb, 80 L.F, at $3.00/L.F.= $ 2q0 2. 4" P.C.C. sidewalk, 360 S.F. at $.60/S.F.= 216 3. AC pavement and base, 1320 S.F. at $.50 S.F.= 6G0 4. Earthwor}c, lump sum = 3B4 Total $1,500 loo contingencies 150 1,650 Engineering costs 350 Total Lien Amount 2,000 IN WITNESS WIIEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~ / `"' ~-Z v ,~ r Mayor o~;the City of Chula Visa ATTEST , =-c z 1 z, z-~. ~~~~ -c - ~te_.3 _ City Clerk ~. PROPERTY OWNERS Mr. Harold M. 13enhardt Mrs . llarold P~1. 13enhardt Approved as to form by ~~,%~~'~ . _ ,.~-f~~--t~~ City Attorney -2- :~'~~~i RESOLUTION NO. 6361 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AUTHORIZING THE DEFFERAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY 04~1NED BY MR. AND MRS. HAROLD M. BENHARDT, LOCATED AT "D" STREET AT MINOT AVENUE IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 24th day of January, 1972, 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 Mr. and Mrs. Harold M. Benhardt, located at "D" Street at Minot Avenue 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 installa- tion of certain public improvements on the property described herein- above, 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 .~ - i r La e F. Cole, Director o blic George Lindberg, City Atto y Works