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HomeMy WebLinkAboutReso 1971-6245then recorded, p .ease,. return to: ~ennie M. Fulasz, City Clerk P. O. Box ~108T Chula vista, California 92012 RESOLUTION NO. 6245 • ~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION OF CERTPtIN PUBLIC IP~fPP.OVEM~P'd`PS ON THE PRD'PERZ'Y OWNED BY JOE D. AND LUCILLE W. TREVISANI, LOCATED AT 149 "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 September, 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 JOE D. AND LUCILLE W. TREVISANI, located at 149 "D" Street, 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 ~, - .~~ Lane F. Cole, Director of Public George"D. Lindberg, City At rney Works PAGE NJ, PF CORDED R -+••~• C, ~ Et OF ~ 9 ~z ~~ O~FICIAl. RPCORp/ SAN piE00 COUNTY HAR4EY f, RLO ~EroROER NO FEF '+~ •a `r ~ t ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 26th day of October , 1971 , by the following vote, to-wit: AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None _ .~ Mayor of the City of Chula Vz ~a ~(~//~ ATTEST.-Y~ `L~-~i ~ ~_ ,,~'~ City Clerk STATE OF CALIFORNIA j COUNTY Ofi .SAN DIEGO ) ss. CITY OF CHULA VISTA ) ' IsJENNIE M~ FULASZ~ City Clerk of the City of Chula Vista,; California D0 HEREBY CERTIFY that the above and foregoing is a full; true and ecirrect copy of ~- ~ and thaf. the same has riot been amer:ded or repealed;, DATED _. 2: i _ C :~ _ _..--- - Ci~.y Cler~;c ~--_) -~~~~ wnen recoraea, please return to: ~~hnie M. Fulasz, City Clerk p, O. Box 1©87 Chula Vista, California 92012 .., AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY JOE D. AND LUCILLE W. TREVISANI, LOCATED AT 149 "D" STREET IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 26th day of October , 1971 , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and JOE D. AND LUCILLE W. TREVISANI, 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 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 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 149 "D" Street in the City of Chula Vista, known and designated as Parcel 3 of Parcel Map No. 23 filed with the San Diego County Recorder on February 6, 1967, 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, JOE D. AND LUCILLE W. TREVISANI, 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 ~~- ~~~r TO 447 C /I~fr~ ll (Individual) \C~ // STATE OF CALIFORNIA ~ . A .• ~ `~ i COiJNTY OF~~'~~ ~~'=~' ~' ~ SS. ~ ,.- ~ L -~C'~-fc" ~~~' /~ ~~ '~%' "-~~ before me, the u On ndersigned, a Notary Public in and for said State, personally appeared d Y !!! _ -. ,known to me ~ J to be the person S whose names ~-,f• ~ subscribed ~ to the within instrument and acknowiedged that ~ ~ ~ OFFICIAL SEAL ` ~ ~ rxccuted the same. ~ a~*+ ~ '~ ~ '^' a 9 DUANE M. HUGHES WITNESS my hand and official seal " ra ,~ - ~ NOTARY PUBIC-CALIFORNIA . - ' ,f ~~.~ 4 ~ ' SAN DIEGO COUNTY • 4 9 ~~2 ~ ~ ~ ~ natures-~ =/f~' ~ ~ Si "~° ~-' 7 `°~~roR~'~" My Commission ExpiresJan.23,1 g -i .~' 276 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012 it / / L liGi 'l' /`_~ ~`~"~C%~+~~ _~_ Name (Typed oi~inted) (This area for official notarial seal) <r ~a 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 $2,350.00, 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: (a) 59.92 lineal feet of type "G" curb and gutter (b) 211 square feet of 4" thick P.C.C. sidewalk (c) One driveway appraoch 16 feet wide (d) One ornamental street light (e) 989 square feet of A. C. pavement with base IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHI7LA VISTA yor o ATTEST f -~ he City City Cle Chula Vis ~~ `~ .lam ~z_ PROPERTY OWNERS k t C_. Joe D. Trevisani~ ' Lucille W. Trev~isani Approved as to form by r =City Attorney ..,