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Home My WebLink AboutReso 1971-5989 '.I'lllen recorded, please return to: , . ~ennie M. Fub;z, Ci0' Clerk . .... P. O. Box 1087 Chula Vista, California 92012 ..?-c':> -::.. . 70387 't:-? flLE.! PA.Gf; Wi. -971 [JOOi, 1 .'" RESOLtJ'rrON NO. _. -5-9tr9-- Er:COfHH:O REQI)L11 lH +~ RESOLUTION OF 'rllE CITY COUNCIL OF 'l'HE CITY OF CHULA C'~7 . .-' VIs'rA, AUTHORIZING THE DEFEIml,L OF 'rEE INS'l'ALLATIOWrR ~ \3 ~~ ~M. 71 OF CEHTAIN PUBLIC HIPHOVEHENTS ON THE PROPEI{'rY OWNED BY ERLIN AND RUBY D. PERREIRA, LOCA'J.'ED A'r 239 'rHIRD OFFiCi.IL RES.UROS F . S 'I' DIEGO cOUt., y, GAll . .. AVENUE IN THE CITY OF CHULl\ VISTA ... HARLEY F.BLOOH RECORDER The City Council of the City of ~hula Vista does hereby resolve as follows: .. .:X c( C-./. . NO f~~ I'lHEREl\S, on the 22nd day of February, 1971, the Planning Commission of the City of Chula Vista, in. accordance with the provisions of Sectiori 27.507 of the Chula Vista City Code, authorized ~ delay in the installation of certain improvements on the property owned by ERLIN and RUBY D. PEP.REIRl\, located at 239 Third Avenue il] tp.e City , . of Chula Vista, and . l'ffiEREAS, said property owners agreed to furnish to the Ci ty of Chula vi.sta.a lien on said property, in an amount sufficient to con- struct said improvements. NOW, '1.'HEREFOP.E, 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 Conunission. BE IT FURTHER RESOLVED that said Council doe3 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 r~cord 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 Dcfcr~al of the Inst211=.tion of Puh.~~:i..c Impro"'(If?Illp.nts."which contains said lien. pres~ bY. . ~ . Lq~~-G~&~~ Works Approved as to form by . fl1':;("A., f~n-?J / .~/ ~kC .-' \,-'r'-~:T l..-C_~;~ ~'--J~~-c::.--1"""""'~ "[/ , .--. of Public George.';-D. Lindberg, City At tOJriey ADOPTED AND APPROVED VISTA, CALIFOPJnl~, this 16th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHUI,A. day of March , 19LL-_, by the . AYES: Councilmen Scott, HObel, Hamilton, Egclahl, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTEST (s) Jennie M. Fu1asz City Clerk .:'":-':'-: . . , . ',.> "~.~,.. :., STATE OF ;c,ZIJ:J;i.F'oriNIA.Y;. . ". .. ,_ .....c'-" '. . < , . ,,". "~. .. c au N'r~~~.8 ~~~~L~ 1!8 ij)? ~t~q'p':'~;'?;.;~I~~;~,:~ ~ CITY'.' 01" 'C2HUril\',' VISTA) ...'.......... , .;{~i /~.~;~~.~: .i...:4~\{~.;~"}.t::.\\ .~<;:~;~"-. ~':;'I- t/'-:--~'-,':;-'I..'~,.~'""<' 'Jennie -M'. ,'Fulasz Vi s~t~; t, >({ii-lf'b.~n~~'-;~':'-DO <.liEREB Y CER'r I FY cor~l~c,e:topi:':.o:J::: p.~;;;o J!u'fion No. 5989 amei1acd'~Qr'/.repe'al0.d, rDATED d:_._.,\.>.,~.":',,:, _"j'- .~ ". :.;:., '7.~!' "~(' ~ .,.-.', . ,. '".", .., . , f;(!(~~~~~~{fWE~f:~;'f.r1{f)?' '!..;lir;,!;,~' '1";>:'1:.,r,..,_/ ....~:.,.~,-:- ?-}~j~~r:.';:: .~ (s) Thomas D. Hamilton, Jr. Mayor of .the City of Chula Vista , City Clerk of tht2 Ci-ty of Chula that the above is a full, true and , and that the same has not been March 16. 1971 j -:?2z,J{da4~_/ Ci ty Clerk t:1 ~D..57YY hi ~_ S7R'l AGREEMENT FOR THE DEFERRI\T. OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY ERLIN AND RUBY D. PERREIRA LOCATED AT 239 THIRD AVENUE IN THE CITY OF CHULA VISTA, AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 16th day of March , 19 71 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and ERLIN and RUBY D. PERREIRA, hereinafter referred to as "Property Owners 11 ; 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 February 22, 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 Owners, ERLIN and RUBY D. PERREIRA, 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 at such time as sixty percent (60%) of said alley is paved, and further agree that they will waive any pro- test to any 1911 Act proceedings which may be utilized to secure said alley improvement and will participate fully in any improvement project for said alley adjacent to their property which may be instituted and approved by the City in the future. 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 -1- 7'P1' <:; S-'i g-9 and expense of said improvements shall be charged against said property and said cost and expense shall be payable by Property Owners, their 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 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 $1,100.00, 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: 624 S.F. of 6" P.C.C. alley at $1.50jS.F. Contingencies Total Lien Amount = $936.00 164.00 $1,100.00 IN WITNESS WHEREOF, the parties ,hereto have caused this agreement to be executed the day and year first hereinabove set forth. , Y OF C~V"TA Mayor of the Clty of Chula ATTEST~1~ t??; ~-(/tVJr- tJI City Clerk , Approved as to form by W~~~r ,y' City Attorney C/ ,. ) " ..... ..... I ~ }\~- f' ~ . -2- .' ~,'l s9ty RESOLUTION NO. 5989 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 ERLIN AND RUBY D. PERREIRA, LOCATED AT 239 THIRD AVENUE 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 ERLIN and RUBY D. PERREIRA, located at 239 Third 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 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 ~~ Lane F. Works AP;,roved as lo~rm by " ,fl/,/ I .J.: \~.-LJ ~ /(:/.L~? ~ --1(~~ f Public George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY VISTA, CALIFORNIA, this 16th, day of following vote, to-wit: COUNCIL of the CITY OF CHULA March , 1971 , by the AYES: Councilmen Scott, Hobel, Hamilton, Egdahl, Hyde NAYES: Councilmen None ABSENT: Councilmen None [),~. ATTEST '/J l/J'1-LL U ' ........ --... City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. 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 ',~i!hen "repDrded, please return to.: " , Jennie M, Ful;"z, City Clerk , P. O. Box 10S7 . , Chula Vista, California ~20U --l~ ~-? .j' AGREEMENT FOR THE DEFERRAL OF THE I~STAI,LATION OF CERTAIN PUBLIC H1PROVEVillNTS ON THE PROPERTY Oh'NED BY ERLIN AND RUBY D. PERREIRA LOCATED AT 239 THIRD AVENUE IN THE CI'l'Y OF CHULA VISTA, AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into. this 16th day Df March , 19.1.1-, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as IICityll, and ERLIN and RUBY D. PERREIRA, hereinafter referred to. as "PrDperty Owners" ; NIT 1'1 E SSE T H : h~IEREAS, PrDperty Owners have applied to. the Planning CD~~is- siDn Df the City Df Chula Vista fDr an exemptiDn to. the prDvisiDns Df SectiDn 27.504 Df the Chula Vista City CDde, in accDrdance,with the requirements and cDnditiDns Df SectiDn 27.507 Df said CDde, which prDvides, generally, fDr the installatiDn Df certain public imprDve~ ments upo.n any dedicated street Dr streets adjacent to. a IDt Dr parcel upDn which a structure Dr building is to. be installed, erected or moved upon, and WHEREAS, said SectiDn 27.507 prDvides that if the Planning Coa~ission~ in its discretion, feels that said installation of public improvements would cause a defective condition to the property~ or it wDuld be extremely impractical to' install Dr cDnstruct the same, then the Planning CDmmissio.n, in its discretiDn, upDn finding that the grDunds fDr said exceptiDns frDm the requirements Df SectiDn 27.504 were reasonable and were in conformance with the requirements of Sec- tiDn 27.507 fDr said exemption, may grant said exemptiDn to. said PrDperty O"ners and said exemptiDn may be limited to' a specified period Df time, and WHEREAS, the Planning CD~~issiDn, Dn February 22, 1971, did grant said request f~r 2n exemption to the provi,sions 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- fDrmance with the requirements Df SectiDn 27.507. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto. as fDIIDWS: 1. That Property Owners, ERLIN and RUBY D. PERREIRA, in lieu Df making the imprDvements specified herein, priDr to' final inspectiDn or the qiving of a certificate of occupancy, agree, covenant and promise that they will install, construct or cause to be installed, or constructed the imprDvements hereinafter set fDrth at such time as sixty percent (60%) of said alley is paved, and further agree that they will waive any prD- test to' any 1911 Act prDceedings which may be utilized to. secure said alley improvement a~d will participate fully in any improvement project fDr'said alley adjacent to. their property which may be instituted and apprDved by the City in the future. 2. For the faithful perfDrmance Df the prDmises and covenants herein contained, Property OWners hereby grant to. the City Df Chula Vista a lien upon the prDperty herein described, and in the even~ that Property Owners, their successors, 'heirs, assigns or transferees"fail to 'ins tall Ol: cons -:.r:u::;t said imp~ovements .in t,he manner anc. wi thin the time specified herein, they agree that City may do. any or all Df the fDllowing: (a) Install Dr cDnstruct said improvements by cDntract or Dtherwise, and permission is hereby granted to' City Dr its cDntractDr and cDntractDr's emplDyees to' enter upDn any pDrtiDn Dr pDrtiDns of said prDperty reasDnably necessaryfDr said cDnstruction, and the entire CDSt -1- W",c S'95'7 and expense of said improvements shall be charged against said property and said cost and expense shall be payable by Property Owners, their 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 Owners agree that the amount of said lien includes attorney's fees, which shall be taxed as a cost in any suit or foreclosure. .., i' i'" (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 $1,100.00, 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: 624 S.F. of 6" P.C.C. alley at,$1.50jS.F. Contingencies Total Lien Amount = $936.00 164.00 $1,100.00 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. PROPERTY OWNERS: ayor of the C~ y of V/VIU~' .:;/;J, City Cler - ,~/:)~ ~sta~~ Perreira ~~P;rita a ~- L.' / J ~~.~ C~ty Attorney ~~I ,) /01:/, " ':;;:f ----., -2- ;05 SCitf .\ (Individual) . ., STATE OF CALIFORNIA , COUNTY OF .5';'/7 c'2 <"';9 ,fI ~.r-.:::...! ",z..s-; /9? / / } ss J.~ ~-2<, <.) @ '--. /,1 " I I, , iOn Slate. personally appeared before me, the undersigned, a Notary Public in and for said w " w r w .J ~ < ~ . ~ /~/J Q,#,c/ ~#"'-' 0 ,# /~;>rre>/-~ ! . \VITNESS my haud and official seal. Signatu,e 1:!J....u.4'<-e- ~ d~ a,d//p /;1' /~4'~_$ ,7 Name (Typed "br Printed) subscrihed /.<1"'4 / , known to me III he the perso~ whose name.$" A';--c:.... (0 the within instrument and acknowledged that ~ executed the '"">e. OFFICIAL SEAL DUANE M. HUGHES , NOl ARY PUOllC.CAlIFORNIA j SAN DIE~O COUNTY l Ml-~~~r~~:I~ . 276 Guava Ave., P.O. Box 1087, Chulll Vista, Ca. 92Q.! j j. I (This area f~r omciaJ notarial seal) r-;:;5.59%9 TO 447 C (Jndivi(1ual) @ ; STATE OF CALlFOHNIA COUNTY OF0,,7/.> .L?/e..~.J , On ~".-?'A ,,:J-S- /9;Y ---- } SS i before me, the undersigned, a Notary Puhlie in and for said State. personally appc:ared //'~/:; d"#?c/ ?..... "/.< ./ c. /~,;-r~,';'-.~ w " w , W J ~ < ?- m , known to me ! to be the pp,rsonL-- whose nallle 5" a /' ~ 10 the within instrullIent and acknowledged that cxcctlled the same. subscribed ~~~.... / OFFICIAL SEAL DUANE M. HUGHES NOTARY PUBuC-CALlFQRNtA SAN DIEGO COUNTY MyCommission ExpiresJan. 23,1974 '\lITNESS my hand and offieial seal. r..d ~ /p/ L- Signatll ~...........- ??t. -:;?;r../7~ PV-......,.t'" .p-/ <4r.?./e.5 Narne (TYI, or Printed) 276 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012 ~ {This area for ofTleial notarial scali \ ~o. Scgy