HomeMy WebLinkAboutReso 1971-5961
Je'nnie M. Fulasz, City Clerk
, P. O. Box 1087
Chub Vist,!, California 92012
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RESOLUTION NO. --S9G-l--
HESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING TIlE DEFERRAL OF THE INS'I'l\LLM,'ION
01" CEl.,TAIN PUBLIC IMPTZOVE/.\ENTS ON 'fHE PROPEHTY mINED
BY H!\IWING CMIPBELL, LOCZ\'J.'ED AT 248 HES'f BAY BOULEVlll<.D,
l,ND RESCINDING l\ND RELEJ\SING EXISTING LEASE ON SAID
PROPERTY
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NO FEE
The City Council of the City of Chula Vista does hereby
resolve as fol10\<15:
WHEREAS, on the 1st day of February, 1971, the Planning
Comn~ission of t.ile City of Chula Vista, i.1.i accordance \':i th the provision;:;
of Section 27.507 of the Chula Vista Citj Code, authorized a delay in
the installation of certain improvements on ,the property oIVned by
HaL"ding CanjJbell, located at 248 West Bay Boulevard in the Cit.y.of
Chu1a Vista, and '
\~HEREAS, PJ:operty Owner, Harding Campbell, agreed to furnish
to the Ci~cy of Chula vist.a a lien on said propert.y 1 in an a.mount sufficient.
to constru~t sai.d improvements, and
WHEREA'S, a lien in the amount of $1,000.00 for 160 feet of curb
. and sidewa.lk p~cesen.tly exists on said propcrt~y t as approved by ~.eso.lutioE
No. 3592 on the 7th day of December, 1964.
NOW, TIIEF.EFORE, BE IT RESOLVED that t,he City Council of the
City of Chula Vista does hereby authorize the deferral of the installa-
tion of certain Fublic improvemen'ts on the pr'operty described herein-
abDve, in accordance \vi t.h .the recommendatio~lS of the P L3.nning COill.mi qsion.
BE IT FURTHER HESOLVED that, said Council does hereby accept
said offer of a lien on said property 'to insure the completion of said
}_mpr0vements rand t.hat the City Clerk of the City of Chula "'\Jistc~ be,
and sh~ is hereby authoriz~d and dil:ected to record said lien agreemeDt
and thi,s resolution in the Office of the County' Recorder of the County
of San Diego, California.
BE IT FURTHER P.ESOLVED that the Hayor' 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 contaj,ns
said lien.
BE IT FURTHEH RESOLVED that Resolution No. 3592, establishing
a lien in the amount of $1,000.00 against said property be, and the
same is hereby rescinded,' and said lien is hereby released.
I,ane F~ Cole, Director of Publi.c
Works
Approved as to form by
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Presented by
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HARLEy' F. BLOOM, RECORDER NO FEE
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Jennie M. Fulasi, City OerlC
P. O. Box 1087
Chula Vista, California 9201::!
RESOLUTION NO.
5961
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 HARDING CAMPBELL, LOCATED AT 248 WEST BAY BOULEVARD,
AND RESCINDING AND RELEASING EXISTING LEASE ON SAID
PROPERTY
NU tl:1E
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 1st 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
Harding Campbell, located at 248 West Bay Boulevard in the City of
Chula Vista, and
WHEREAS, Property Owner, Harding Campbell, agreed to furnish
to the City of Chula vista a lien on said property, in an amount sufficient
to construct said improvements, and
WHEREAS, a lien in the amount of $1,000.00 for 160 feet of curb
and sidewalk presently exists on said property, as approved by Resolution
No. 3592 on the 7th day of December, 1964.
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.
BE IT FURTHER RESOLVED that Resolution No. 3592, establishing
a lien in the amount of $1,000.00 against said property be, and the
same is hereby rescinded, and said lien is hereby released.
Presented by
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Works
of Public
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George ~: Lindberg, City Attorney
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this
23id. day of February
, 19 --Z.;L, by the
following vote, to-wit:
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AYES:
Councilmen Scott, Hobel, Hamilton, Hvde, Eqdahl
NAYES:
Councilmen None
ABSENT:
Councilmen None
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'Mayor of the City of Chula
ATT'ejl-.-" to;" kL.,Ar
. Ci ty Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, JENNIE Mo FULASZp City Clerk of the City ofChula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full;
true and correct copy of
.7 and that the
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same has not been amended or repealed "
DATED,
clty~Clerk
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AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY HARDING CAMPBELL, LOCATED AT 248 WEST BAY BOULEVARD
IN THE CITY OF CHULA VISTA AND LIEN SECURING THE
FUTURE INSTALLATION OF SAID IMPROVEMENTS
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THIS AGREEMENT, made and entered into this 23rd day of
Februarv , 19~, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City", and
HARDING CAMPBELL, hereinafter referred to as "Property Owner";
WIT N E SSE T H .
WHEREAS, Property Owner has 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 Owner and said exemption may be limited to a specified period
of time, and
WHEREAS, the Planning Commission, on February 1, 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 were reasonable and were in con-
formance with the requirements of Section 27.507.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owner, HARDING CAMPBELL, in lieu of making
the improvements specified herein, prior to final inspection or the
giving of a certificate of occupancy, or at such time as the land use
of the property is changed from auto wrecking, or a maximum of five (5)
years, agrees, covenants and promises that he. will install, construct
or cause to be installed or constructed the improvements hereinafter
set forth, within thirty (30) days 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, fail
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
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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.
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(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 improvements
and the amount of this lien is the sum of $9,500.00, 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:
~89.3l' Type "G" Curb at $2.25/Ft.
2,947 Sq. Ft. 4" P.C.C. Walk, 5' Wide at $0.50/
Sq. Ft.
350 Sq. Ft. 6" P.C.C. Drives at $0.65/Sq. Ft.
2,947.Sq. Ft. Pavement & Base at $0.30/Sq. Ft.
2 each ornamental Street Lights at $750.00/each
Total Improvements at Relocated West Bay Boulevard
$1,325.95
1,473.50
227.50
884.10
1,500.00
$5,411.05
216.72' Type "G" Curb at $2.25/Ft.
2,167.20 Sq. Ft. 4" P.C.C. Walk, 10' Wide at
$0.50/Sq. Ft.
2 Each ornamental Street Lights at $750.00 Each
Total Improvements on "E" Street
487.62
1,083.60
1,500.00
$3,071.22
Contil)gencies
$1,017.73
Total Guarantee
$9,500.00
5. Said lien, in the amount of $9,500.00, is hereby established
against the property located at 248 West Bay Boulevard, known as Tax
Assessor's Parcel Number 567-021-14, containing 3.54 acres, and the
existing lien against said property, in the amount of $1,000.00 for 160
feet of curb and sidewalk, approved by Resolution No. 3592 on the 7th
day of December, 1964 is hereby rescinded.
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agreement to
WITNESS WHEREOF, the parties
be executed the day and year
hereto have caused this
first hereinabove set forth.
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THE CITY OF CHULA VISTA
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STATF: OF CALIFORNIA
COUNTY OF ,s:;:;,._? ~~/J
On hku/?'l /-J' /p"7L hdol'l: me, the llndersi~ned, II Notary Public in and for said
State, personally appeared , ~ ...
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, known to me
to he 1he person _ whose name /J
to the within instrument and acknowl(:dgedlhat
executed the same.
WITNESS my hand and omeial
Signature&
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S111.serilH:(!
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OFFICIAL SEAL
DUANE M. HUGHES
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
MyCommisslonExplresJan.23.1974
276 Guava Ave., P.O. 60x 1087, Chule Vista, Ce. 92012
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(This area for offici3! notarial ~eal)
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STATE OF CALIFORNIA
San Diego
COUNTY OF
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On
February 23, 1971
lJefore me, the undersigned, a Notary Public in and for said
Stale, personally appeared
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~ (0 be the person ~ whose name S
to to the within instrument and acknowledged that they
I executed "the same.
t WITNESS my '.land and official seal. _'
,: Signatm%~ ..::J~-~~eL-
Marjorie S. Townsend
Name (Typed or Printed)
Thomas D.
Hamilton, Jr., Mayor
and
Fulasz, City Clerk
, known to me
<Jennie M.
suhscrihed
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"","" 0FF!C.IAL SEAL I
AC::u~~ "lIario(k~ s. T ~'.}!nsend
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'.'~ St.i'J DiEGO COUNTY
My Cl:;n~ss~~ E:'Jhls July 25, 1972 S
W_" _-. --- _____biI -- ----.- -
';.76 Guava Ave., ,Chui. vi.ia~ -Ca~j~ 92DI-Q-'
(This area for oflicial notarial seal)_
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