HomeMy WebLinkAboutReso 1971-5987
'.1hen. recorded, please
.
:z;;e cvat,.~:)] 8-7
. ., ' ~':J '
< -.)
. -'
.,
'1~ttnie M. Fulasz, City' Clerk
, P. O. Box 1087
'Chub Vist:!, Caillornia 920U
return
.
to:
RESOLUTION NO. 598L--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULfi
VISTA, AUTHORIZING THE DEFERRAL OF THE INSTPJ,LA1'ICN
OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY ALLISON W. EVANS, LOCATED A~' 172 "D" STREET IN
THE CITY OF CHULA VISTA
c-
The City Council of thE: City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 22nd day of February, 1971, the Planning
COI~lission 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
ALLISON \'1. EVANS, located at 172 "0" Street in the City of Chula
Vista, and
w~EREAS, said property owner 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 he~eby 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 oE
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
DeferrF1.1 of the InstaJ.lat..-i.Qll of 1JuhJic "IjTlprovements w:h.i.~h coni:~i. ns'
said lien.
by
./ /7 //'
~'
Director~f Public
Approved as to form by
~~~-A~'~ (~~/
---G 6r'ge- ~:W::ndberg, C' ty Attor~"
ADOPTED AND APPROVED
VISTA, CALIFORNIA,. this lMh
following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of ~'''1~~ ' l1-l--' by the
AYES:
Councilmen
1:.:1:\=.1:11. ~t"'nt'... J. U~h~l.. \l"'"~i'1...'""'1. ~-'~
N1WES :
Councilmen
tlnn&ll
ABSENT:
Councilmen
t-lnftft
ATTEST
(Il) Thomes D. Hamilton
Mayor of the City of Chula Vista
(,,) .IAnni.. M Fut""..
Ci ty Clel:k .
STATE OF CALIFOR"IA
COUNTY ,OE:;'SAF ,DIEGO
CITy..:OF/CHUL1\.>\iISTA
l!~:}~~f~jf:;-;;'.;. .$>};''':-~>~<f''\-;'. .
AA%.;)i,~"1 I,,' " ,.Jennie M. Fu1asz
JiVi's,ta',,'.Calirornia t. DO HEREBY CERTIFY
i.:~.:'j:r :":.-.--. , :.... - '\..--- " '-."',-'
i;::;!C~rp"cr' copy.-<of:Re;.solution No. 5987
s: ~;r:-.., \ >, , .' ":.' " \ I
!;;:amended ''-or:',repealed . DATED'
"r~t:~}{\J2J,~i:,~;';
;~'" -
ss.
, City Clerk of the City
that the above is a full,
, and that the same has
}larch 16. 1971
of Chula
true and
not been
Q"dYh ,____ "J;1 J ~-
,~, City Clerk '
_~~5.. S:~~?
RESOLUTION NO. 5987
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 ALLISON W. EVANS, LOCATED AT 172 "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 22nd 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
ALLISON W. EVANS, located at 172 "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 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
qf~~~or
Works
Approved as to form
~/~~ '
Public Georg 'D. Lindberg,
.. r
City At~ey
of
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this 16th
following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of March , 19LL, by the
AYES:
Councilmen
Egdah1. Scott, Hobe1, Hamilton, Hyde
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
STATE OF CALIFORNIA
. COUNTY OF SAN DIEGO.
CITY OF CHULA VISTA
I,
Vista, California, DO HEREBY CERTIFY
correct copy of Resolution No.
amended or repealed. DATED
, City Clerk of the City of Chula
that the above is a full, true and
, and that the same has not been
City Clerk
jo',.JO '. ';;'ecorded, please return to:
,. . jennie M, Fulasz, City Clerk
p, O. Box 10&7
ChuJa Vistl, California 92012
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
BY ALLISON W. EVANS LOCATED AT 172 "D" STREET
IN THE CITY OF CHULA VISTA AND LIEN SECURING THE
FUTURE INSTALLATION OF SAID IMPROVEMENTS
" ./7
~.:.
'T::..,
THIS AGREEMENT, made and entered into this 16th day of
March , 1971 , by and between the CITY OF CHULA VISTA,
a municipal corporation;J1ereinafter referred to as "City", and
ALLISON W. EVANS, 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-
mentsupon 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 22, 1971, did
grant said r~quest 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, for the property located at 172 "D"
Street in the City of Chula Vista, also known as the westerly portion
of Lot 33 of Rosebank Subdivision (Assessor's parcel No. 566-300-22
as of March 1, 1971) 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. Tpat Property Owner, ALLISON W. EVANS, in lieu of
making the improvements specified herein, prior to final inspection
or the giving of a certificate of occupancy, 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 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, his successors, heirs, assigns or transferees, fails
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
-1-
frt ,S
59?7
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 mortg~ges,
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,
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 $1,900.00, 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:
64 L.F. Type "G" curb ~t #2.25jft. =
320 S.F. 4" P.C.C. walk at $0.50jS.F. =
1056 S.F. pavement & base at $0.35jS.F. =
64 L.F. drainage culvert at,$16.00jft. =
Contingencies
Total Lien Amount
$ 144.00
160.00
369.60
1,024.00
$1,697.60
202.40
$1,900.00
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
PROPERTY OWNERS:
'd
4'/&"'''_.-1.1 /?{/- ~
'A1:nson W. Evans
.l
ATTE
City of
1;;
City Cler
Approved as to form by
e '.
.~~;j--cu
Attj~rt'1~~i~t~c;
~~';1'f E~~:~~';:'~~~ ~:.~>~: ~;Z~ff~, )(1(; :',
.{...l \ ; ,_.'~ . ...'.....rr'.I.~),+\ IC~.! " r:'"
':\~iCt~,fi?~t~~~f~i~;"i .
( '. .1,. ... \.\ .(~.( y... ,. .
: ~~:...::~:.~ '~::~~~~;;;
:>;. /:," ~_"4 '>~
. ......,~
A\~
~
~.""
, I(;}>:.. ."""';.-:/'
'\ L, ., r ',~H~l,
,
"t
.'. ,"
r?;:-, S9J?)
FILE~PA6E N0. c~...~~~~ - ..,,
BOOK 1971 • REC RDEd RE UE T tl
r) i
_.~ _
~~j IMAR 1 91971
AT sz~ / _., MINUTES PAST _._.~:;,,
OFFICtAI RECORDS
SAN DIEGO COUNTY, CALIFORNIA
HARLEY f. BLOOM, RECE3RDER
NO FEE
TO 447 C
STATE OF CALIFORNIA .
COUNTY OF S"q/.7 ~/C:4' <>
~-/. A /.s-. /?2L-
~
} SS.
./.,,~
".C6'
@
"
(Individual)
Ii
On
hefore me. the undersigned, a Notary Public in and for said
Stale. personally appeared
.4//./~",/?
/Y./', Ey""".j'
w
~
w
X
W
.J
~ to he the I)()rson ~ wllOsc name
~ to the within instrument and acknowledged that A"(!!.
I executed the same.
t WITNESS '7 hand and official. ,eaL r1_
I ,;,",,;:A12__ ~~
I L/47L/.?4 ~ h Y:Yk..::
- Name (Typed r Prinltl{l)
/S
, known to me
suhserihed
OFFICIAL SEAL
DUANE M. HUGHES
NOTARY PURlIC-CALlFORNIA
SAN 01[(,0 COUNTY
MyCommission ExpiresJan.23,1974
'"
-7C~-=~,- .
....""'~-
276 Guava Ave., P.O. Box 1087, Chule Vista, Ca. 92012
..
(This area for official notarial ~eal)
~[S. 5'1%7