HomeMy WebLinkAboutReso 1971-5918
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v, California 92012 RESOLUTION
Chula 1St>,
RESOLUTION OF 'l'HE CITY COUNCIL OF THE CI'fY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY J. D. AND BETTYE L. PETERS, LOCATED AT 176, 182
AND 190 "D" STREET IN THE CITY OF CHULA VISTA
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NO. 5918 "'~, '~ -: 4 ~_ f
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The City Council of the City of Chula Vista does hereby
resolve as follows:
h~EREAS, on the 20th day of July, 1970, the Planning
COITIDission or 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
J. D. and BETTYE L. PETERS, located at 176, 182 find 190 "P" 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 con-
struct said improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby authorize the deferral of the ins.tall~-
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 or Chula Vista
be, and she is hereby authorized and directed to record said lien v/
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 ~ign the Agreement for the
Deferral of the Installation of Public Improvements which contains
said lien.
Presented by
'c~?&4
Lane F. Cole, Direct~f Public
Works
Approved as to form by
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Ge'brge ~Lindberg, ci ty Attor~7 ,
ADOPTED AND APPROVED
VISTA, CALIFO~~IA, this lq~h
following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of Jauullr)' , 19 -7!-' by the
AYES:
Councilmen
S~ott. HQ~91. UamiltQA. ~~a8. Egdahl
NAYES:
Councilmen
Nonp.
ABSEN'r:
Councilmen
N'nna
(s) Thomas D. Hamilton, Jr.
Mayor of the City of Chula Vista
ATTEST (s) Jennie M. Fulasz
City Clerk
STATE ,OF: CALIFOR~IA )
COUNTY OFCSAN:fDIEGO ) ss.
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CITY OF',Cjl(fL'A~Vt.S'Tk,)
;~j,3~(~:~);rl!;;t~~!~;~1~~e~~~j~J, M. Fulasz
Vi s t/"f..:0a,1J.'f'6rnia;:;'uO"HE REBY CER7IFY
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corir"(~,~:t;',cqp-y .:ofyResq1!\ltion No. 5918
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ame~._?~~.,.~.'3~ (~~J:ge,.~.~:~.?'~~J./ DATED
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Ci~y Clerk O~ ~ne City of Chula
that the above is a full, true and
I and that the same has not been
January 19, 1971 '
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. City Clerk .
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Vista, California 92012
RESOLUTION NO. 5918
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY J. D. AND BETTYE L. PETERS, LOCATED AT 176, 182
AND 190 "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 July, 1970, 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
J. D. and BETTYE L. PETERS, located at 176, 182 and 190 "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 con-
struct 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
Lan F. Cole, Director Public ~ George D. Lindberg, City Atto y
Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 19th day of January , 19 71 , by the
following vote, to-wit:
AYES : Councilmen Sc_ot_t, Hobel, Hamilton, Hyde, Egdahl
NAPES: Councilmen None
ABSENT: Councilmen None
ATTES
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, , City Clerk of the City
Vista, California, DO HEREBY CERTIFY that the above is a full,
correct copy of Resolution No. , and that the same has
amended or repealed. DATED
of Chula
true and
not been
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AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY J. D. AND BETTYE L. PETERS, LOCATED AT 176, 182
AND 190 "D" STREET IN THE CITY OF CHULA VISTA, AND
LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS
THIS AGREEMENT, made and entered into this 19th day of
January , 1971 , by and between the CITY OF CHULA VISTA,
a municipal corporation-;-hereinafter referred to as "City",' and
J. D. and BETTYE L. PETERS, hereinafter referred to as "Property
Owners II;
WIT N E SSE 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, in its discretion, upon finding that
the grounds for said exceptions from the requirements of Section 27.504
were reasonable and were in conformance with the requirements of Sec-
tion 27.507 for said exemption, may grant said exemption to said
Property Owners and said exemption may be limited to a specified period
of time, and
WHEREAS, the Planning Commission, on July 20, 1970, 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,rfor the property located
at 176, 182 and 190 "D" Street"also known and described as Parcels A,
B, and C of Parcel Map No. 177,) recorded on June 24, 1969, 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, J. D. AND BETTYE L. PETERS,
in lieu of making the improvements specified herein, prior to final
inspection 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 transferees, 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
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and expense of said improvements shall be charged \Z'-'
against said property and said cost and expense shall
be payable by Property Owners, their successors, /')..7?--"
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 ~aid 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) ~oreclose said lien as a mortgage.
(d) Pursue anv other remedv. leaal or eauitahle bv
law, for the foreclosure of a lien, and Property Owners,
their heirs and assigns, shall pay reasonable attorney's
fees t8 b~ t~~ed as a cost in said proceedings.
3. At any time during the period herein provided, Prope~ty
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 thisagreernent, 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 $9,145.00, 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: '
225 L.F. Type "G" curb - $2.25/ft. =
1125 S.F. 4" P.C.C. walk - $0.50/S.F. =
300'S.F. 6" P.C.C. drives - $0.65/S.F. -
4n50 S.F. 5" P.C.C. pavement - $l.OO/S.F. =
Excavation and grading, lump sum =
2 ea. ornamental street lights - $750 ea. -
Engineering fees =
$506.25
562.50
195.00
4,050.00
2,000.00
1,500.00'
1,000.00
$8,313.75
831. 25
$9,145.00
Contingencies
Total Lien Amount
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
,~~
Mayor 0 the City of Chula '~sta
PROPERTY OWNERS:
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;;J/, D. Peters , " '
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, Bettye L. P' ers
Approved as to form by",
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Georgo ,,/ Lindberg, 01 ty A ttor,,'y .
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FILE~PA6F t~0. ............................._..,
BOOK 1971•RECORDED REQUEST OF
F'~ 3971
AT.....~.~ r„ru7~.; hasr ~ IVV rtD
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SAN DIEGO BOUNTY, CAtIfORNIA
HARLEY F. ESLOOM, RECORDER
TO 447 C
STATE OF CALIFORNIA
COUNTY OF .>,,;,..., a"l '"
~.n''''.d'''j' /J /P'ZL before me, the undersigned, a Notary Public in and for said
personally appeared 0'
J.D. ,/<::: <': r a- ~
On .T;::!nn;::!ry 1 q) 1 q71 before me, the undcrsigned, a Notary Public in and for said
Statc, personally appeared Thomas D. Hamilton, Jr.
known to me to he the Mayor filK~ and .Tpnni p M F'nl:'l ~'7.
known to me to he Citv Clerk ~~ of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its hoard
of directors.
(Individual)
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to be the person L- whose nameS Q".,.....~
to the within instrument and acknowledged that
executed the same.
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STATE OF CALIFORNIA
COUNTY OF San Diego
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WITNESS
my hand and official seal.
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Mariorie S. Townsend
Name (Typed or Printed)
Signatur..
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, known to me
OFFICIAL SEAL
DUANE M. HUGHES
NOl ARY PUBUC-CALlFORNtA
SAN DIEGO COUNTY
My Commission ExpiresJan. 23, 1974
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276 Guava Ave., P.O. Box 1087, Chul~ Vista, Ca. 92012
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fillY COr'1n1I%l'm EXprrt:s Jull! 25, 1972
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276 Guava Ave., Chula Vista, -Calif. -92010-
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