Loading...
HomeMy WebLinkAboutReso 1970-5730RESOLUTION NO. 5730 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 JOHN A. AND SHARON G. ROBINSON, LOCATED AT 563 GLOVER AVENUE IN SAID CITY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 22nd day of June, 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 installa- tion of certain improvements on the property owned by John A. and Sharon G. Robinson, located at 563 Glover 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 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 sa said offer of a lien on said property to improvements, and that the City Clerk of and he is hereby authorized and directed and this resolution in the office of the of San Diego, California. id Council does hereby accept insure the completion of said the City of Chula Vista be, to record said lien agreement County Recorder of the County 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 Improvements which contains said lien. Presented by ane F. Col , Directo of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 28th day following vote, to-wit: Approved as to form by ~ ~" George D. I,- dberg, City Attorne i~ :he CITY COUNCIL of the CITY OF CHULA of July 19 70 by the AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT : Councilmen None r` ~ ~ r~k. Mayor of the Ci y of Chula Vi.,,ta ATTEST ~' '' .t~t,,e.~,Q-~~~•~,.u -,f ~~, its Clerk ~U/ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED _ City Clerk ~- _v _. .. -.. ~_L LlI.J r~l7FiI:, ~..: `.; r, ` .._~-.,..._F'' r._I :. '.(i. ~~. 1, ~_~<~ ~'~. `;. ~_.. :.i..'.J . __ Q ~i~..~ V.~ _ ._.. _~8~~..____ ___ 1 , 1.~1 , ~\' uIiC~ }~ ~ ~r :'i ii7i ~~ ~ l ~'}~lJ ~ , e i`~ l''~ J rilznic~_l'.~1 ;,:orpoY ~.ti.c!: , herc~~ r~~:f~: ~:~ r.~~c ._ _ ~_d tc a:_ 'C~ `1 °' , «I~c ,,~~~~:a «. and S;ii~I:Cl C. RC'3ii1S0'~d, }:erc~__~a::'c~~:r_ rci::;~rrea to .,_:~ "F~ox~rty C~eneY~s"; ~V I T t~1 ~; S S E~ ~i~ H ~'v~~FR-;~S P:."O~;~'.rt1' C`Y7I2E'i:.~ }~c~~~U [3 ~'J1.iE'i t['j +'} ~ ?% ni 1 ~ _ i , ~.~ 4_lE.. lar._. I g t~~amm ssi~~I. of the C?.ty of Chula C'ZSta for an exer<:pi. i. or! to the prU~;'is-! ons of S~~cti on %7.504 of the Chula `v'ista City Cosae, i.n accordanca ~,~i_th tr!e req~~irtrlon~s and cof~.di_ti.ons of Sect~.or! 2.7.507 vi s~:si.._~. Code, ~,~hi ckl provi.ues, geI1F~I~ally, for the lnstal~_~?.C.l_On Ui:_ C:E~:Ctalll ~ tl}J11C: 1],l~~rOVC'.IilF'I!tS up0J1 any dew 1 C',c"":ted StrE,et C~Y' St?`eE.t^ aG_;~.C21t. tG a lot Or p~~rcel u~O": ~7}"11C';~ a. Str17C"%.uYE' Gr bui ldilly is to be i.ns t~zl.led , ere: ced o;. moved. upon , any. WHEP,LAS, sa_ic; Set.tic.>n 2?.507 pLovid.es chat; if the Flannirg Corn:~lli.ssior!, in il.s ~isc:retion, feels that said inst.-II_lation of public im~~rovemerits ~~:ould cau~~ a desecti~~~c ccnd=.ti.on to the prop:.rty, or it would be extrelnei.y i1_rr~rc,.rFica.l to i_nstal.7_ or construct the salzle, t}:en the P7_anninq Comsni ssi_o.n, in its c~i_screti_on, upon f_indi ng that the grounds for lain exceptions morn the requirements of S ct.i_on 27.504 were reason-. able and were i.rL conformance ~~ith the rec;ui_re~.~.nts of ecti_on 2"1.50"I for said exelnc~i:ion, m~i' ~rrc!r!t said exenr~tiori to said Property Owr!ars and said exelllpti_on may be limited to a. specified period of ci.me, and b;HERr'AS, the Planning Commission, on Juno ?_2, 1970, di_d grant said rec3u~~s t. for an E~xerr.ption to the provi sior!s of Section ?.7 , 50L on tYbe conditions set for_ th hereinafter, and did find that the grounds for Bald r~C1tlest for aI1 e.XemptlC~7 Were rc:aSC)r'id'>1-~~. and Were i n ': OnfOrPlciI1CE? with +~he requirements of Section 27.507. NO}~, THEREFORE, IT IS Lti1t1`i~uALLY ACF.~:1;D by and bettiaecn. the parties he.r.t:o as follows: 1. That Property C~~~ners, JUHD? A. and S3~ARCN G. RC:~sINSCN, in lieu of making th.e ilnnrovements specified herein, prior to final inspection or the giving of a certificate of occupanc~~, agree, covenant and promise that they will ins call, cons truce or cause to be installed or constructed the improve?dents hereinafter sit forth, within thirty (30) days written notice from tree Planning Corc~mission to install said impro',rements . 2, For the tai.thful perrormari.ce of the prolr~ises and co~~erlants herein contained, Property' Ovners }-iereby grant to the City of Chula Vista a lien upon the ~lroperty herein describsc? , and in the event that P:ro~erty Owners, their successors, heirs, assigns or transferees, fail. to install or construct said irnpro~°er^ents in the manner and wi thin trle time specified herein, they agroe that City r.~ay do arty or all of the follo,.a i r.g: (a) Install or cons tru.c ~ said i.!aprovem~n ~s by contrac t or otherwise, and permission is hereby granted to City or its contractor and coatxactor':= employees to outer upon any tiort.ion or por•t~..cns of said r~-r_operty reasonably necessa.r~r for said construction, and t}le entire cost and expel.se of said improvements shall be charged against said prop~rt~~ ;end said. cost and expense shall be payable b1J P :CO;'i-?'t.y' Ci~~~I?c^-.l S , t.~"lc'_.~ Si1CCe~ SOrS, ;1~7_~'S , a.°~S1CirtS O?" -l- t~~s ~~~~ c'.ti ~i =1. i`~~k'. '~ ~ 1i~ T n.~. J. .i. ~.~ ~ L;: l?.' `' i } `-.. i,.'_~)I' 1~ _. cl .. G. ~. i. :"~'~ C -~ .. _ _. .. ,- _. .__ 1 CIl;~S, ~._iC7 1i: tii c ..:r ~ Li!:: ~-ic11r. __.`-, i~C%i, T)a~.C~ ~:'1tI1J.n }'!.Lri.y ( i~! ~ 1, c'.2~:~ C.la .,. _i C :i?~ ? _ _ ~C ~ _. ~ , t:. ,_ ~ _ {_ Lit% ~~. ~. rl:,St, ~ ~, U_ IsOY l c~<<, `, 1..' ~ '>ei v ~.v:.. --., dC r'< ~ _ ~,±-. .. _._ _ _, ~. ~; t i~ . ti'~? u:'1vLi_7i; C:~ tie.1:~. { lE~n 1'`?~. i~tl~a~: `C1T;lp'i iG-`~ ~5 ).``~;'S i;(;'! rh 1 , _.,. sl:ail :be tax~,~i as ~. c:c, ~~_ ~~ ri any gait or oreclosu_r~ . (}~,i L3..iLCt 1_~l(= /1re<_'tU.i" Uf Puts ±__LC 6'?Urks t0 c?St .1Ii:~~.f:C= t:"le COSt 7f the WOC}C re'1u~r°Ci ~~'G CQIil'~letc? Su1.~ ii:l~?rOVE'.?C~c?nL~, a~.zd foreclose said 1_ien in sa:~_J arou.nt. (c) Por_eclosc.~ said lien. as a mor-tcjage. (d) Pursue aII~,~ other remedy , lecxal or equitable by laur. for_ the foreclosure of a lien, and Property G~vners, thF=1r Y'ic~.irS a'_'iCi aSStgnS, S't"lall pciy rE'c SOnable att0_r'ney'S fees to be t~~.~~ed. as a cost. in said proceedin~~s. 3. At any 'cir,~o during the period horein p;Vovidei-1, Property Ownors, their heirs, ass.igr:s or tz~ansfe_r.ces, r..Gy m~..ke a cas?: deposit with the City in the a~IOUnt estimated by the I~ire.ctor of Fuhli.c V7arks to cot-er the Total cost. of the improvements. If said cash deposit i_s made pr:ior_ to t;he recording of tha.s agreer.ert, then said agreement sha11_ not be recorded as lone, as said cash is or. deposit with the City. If said Dash der~esit is withdra:an from t:~Ie City, said agrecrnent. shall be recorded. If this agreement. has been. recorded and the_r. said cash deposit is made, the City may roleaso said lien of record and hold this agreement or_ an_y ne.a agreement unrecorded as long as said cash d.eposi_-t is left wwith the City. 4. The work to be perfor_n_~ed and the cost or said irnprovemc:rlts and the a.moun-t of t:?.is lien is the sum of $250.00, and said work shall. be done ire accordance with plans and specifications on file in the Office of -the Director of Public t°~orks, and shal_=~. consist of that work specifically>> defer_red by the action of thE: Planning Commission of the City of Chula Vista, as follows: Installation of 55 lineal feet of sidee;alk, 4 feet wide. IP1 LYITNESS ~9IiEP.EOF, the parties hereto have caused this agree- ment to be executed the day and year first hereir~abo~~e set forth. TNF CJTY OF CH~L•A VISTP_ PROPERTY Ov'iI1F~P.S _ .. .. J <_ rf r 1 ,~~+' .,- _.. -~ Z , r . ~ , ~ ~ R ~ _ ~ r Ma. oz I of the City of Chula V~ sta Johri A. Robinson ATTEST_ -C -c-t t<..~-~~C~'~n~d~ 6~CC,~~~_.~ _ _ - ,l ,.' , '~tY Clem Sharon G: Rouinscn TO 447 C ~'~ ~ It:.~i~~~~at.al~ SL1TE nF C_11 If t)FL`:i_1 -~ ~ ~. Mate, p«,•>~,ns )ti ~ipi '' ~ ~ ,~.~,. .~ --- ~ --~ ---- ~ ~-~ July 2s, ~9~0 Air. John A. Robinson 563 Glover Avenue Chula Yis to , is lif ornia near Sir: unclosed is certified copy of Couzzcil itesolution h©. authoriain~ the deferral of the instal- lation of certain public improvements on the property at 563 Mover Avezzue in Chula Vista. Very truly yours. Kenneth P. CazupUell L'ity Clerk " i' x .. _ _ 573a _ _ ~ _ . - ~ _ ~, _. .. _ ..- ..~_ ._ ~ - - _ , , ;,; - _ _ __ ,- . ~ ~ ~ ~. ,~,).,U Clty ~,:ou.n:;J_.I_ Ut: t.}ii, l., i. C:~' ~' (..f1U ~ _~ t~~1S Lci C'0::E-• i:1.°="t'i.iV ~..~~C ~JC as _~-al_lo~~?:- G^if`_t:~._F';~,~ y C::7 '~:i:E: ~.~:id Clc`',: OI_ ~11~;1C?, 1~ ill, 1"'.}i1. F'.1_ ~a1;1:ETi~ ~`..'O"~„~S~1.C%rl O t"~"iE? ~.,'_t` vi. _''tL:.l_u j'1g'=. d. 1n c.!_C'CZLad17~ ',,? ~ %~= c ~,_ .. r- c _' _~ , ~'E 1"L~= t..`"12 ~~z /.:1_.~1CJi:~ C>>. ~E_'C'~.:,_~~rl L~].~Q.~ Of the C}1ui_c~t ?d'1Std L-±.~.X' <_~Ci~lc:, aLit1`!.0=t"1.Z~d a ~1e~_c"i~~ x,11 ti1~? 1;~:~t i~a- t10 Of ..^.°_rtain .17',tj.JrU'Jr'T`,i'_ntS Ort +C.l?~' Dr~;JI-?~~7= i-_~' CiG~'nPCi Z'Jy JO}12l c~ ~'.r1CX ~>hc.rC:n G, R }71r1S^:1 .L.:J~.atF?i at ~? ~ ~' ~" ':'' ""=. " ^ (' t;y O~ t11; -! .+ _ o v~ Ci_o~~ A~~nu~ in t}.~ i _ C. ~.~.a V~_s_~:, and. W_~ET?'~?~',~ , ;ai._a ;~~~o__`eYty o4`IneY'S agreed to f_urni.sh :.o t}ie City of . . CP1'i7 $ V.,.s?_ a ! LP_P_ vI1 ~1.'1C1 IC~D'~ _ty "'~ i- S' " ` @ L LO C ~' ~ t t.. p ~i_ , ~_Il dIl c..:iC;Lli: _ .1- i1.c_'1 I1 'L~"~ '~ S d1 ~'. 1mr Y_ O~,'E?m'~ rlt5 . NO~ti, TIrR?~rORr,, Y,z' 7. Z' LSOLV~~'I) than:. the C~_ty Council or thE:_ City of Chula Vista da~:;~--~. hereby ai~thorizF~ t.~,F~ deferral of t}le ir~stall.a-.. tion of ctrta.ir: pubii c inu~rovenents o_1 the rJroperty de~~c.rik:ed here~_r:-- above, in accor.aarice T.a~_th the r~con~menclat~_ons of the Pl~i,~nirg Cclr~~~issien. B~ IT F'U}Z`f'riFk I2~'~ OWED that s~-~. said ;;fifer of a. lien on sa.i d property i-o i.api'oveTM:ent.s, and t},at trle City ClErk of and he is r,ereti-~y authc;r~ zed and cir ~~tec! ar_d this reso?_ution in t}lE; office cf the of Sar. L'~i~go, C~~lifor~,I~_a . i_r. Counci ~_ does ale.r_eby accept insure the ccm~ple'_.io,. of saiu the City of Chula. Vista. be, to record said 1_~~n arr~erlent County Recorder of t}12 C~un ~=y BE IT t URTI-i~'R REc:O',T,IED t}Tat thc~ NiGyor_ of_ the City o2 Chula V1Sta ;?P_, c~l..il'..~. }le 1S h2ti'Eb`.% ~i'tl7Gr12F_'d t0 S1~I7 'IhE. ~~CJrE~£'InE~i^.t f01 t}"SE:. T_)Pf~~,rr-1 rat T-rr_irnv~~=??~ni-~ ~„'~ i ~I; `,nnt.+i_rl^ ~ ~1Ci 1 i Fn _ preseni-..ed `by I,arl~ F'. Coie, Director of Public 'v,~o rk s App~:oved as to form by ;• GeOrC~E:' !].^Llr?QI?erc7, C1ty AttO~r'ri0y ADC?PTL,D AND APP~~~,t_D b; .the CT.i'Y COt~u~.1:L of the C?`;~~' 0~ C?~ULA VISTA, CAI~IFOP.~iTA, this--,--h--cxay of._ +J_+ y _ 1.9 , by thE; fallowing vote, to-u,it: ~ - AYES : Counci lraen $ett, 3~a5Q1, Natailtott, Hyde, 8gdahl iQAYES : Counci l_rner. None ABSEP~~'T' : Counci 1.aien None AT`T'EST (s) Kenneth Campbell Cit'y' C! erk STA7.'E. J F C~~LTFOR~vIA ) COUivTr v~' S~~~N DIEGO ) ss. T~ Kenneth Campbell ~y.rc-i:a, ~:.=t11~C7?'I::1d, D'~~ ~~_,_,_ r`~ i_ cc~r ~c'~-. copy o Resc~ ut oYl ~o. 4.,T~(;d~~'tw y U?~ ...e1... ~C;~, .ill • L ~T...:~ (s) Thomas D. Iiamilton, Jr. Mayor or= t:he City of Chula Vista , City' C:! er Of 5730- anal t..at '-h~> -~--_~~. July 28, 1970 t.ile ~.1',~v of Ch~nla a fl.~ll, c.r~~c, :end / {~ ~ - ~~~ ~~~~ AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN ~` PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY JOHN A. AND SHARON G. ROBINSON AT 563 GLOVER AVENUE AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 28th day of July , 197p , by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as °'City", and JOHN A. and SHARON G. ROBINSON, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, Property Owners have applied to the Planning Commission 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 improvements 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 reason- able and were in conformance with the requirements of Section 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 June 22, 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 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, JOHN A. and SHARON G. ROBINSON, 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 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 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 -1- ~~J ~ ~~~ i J ,. assignees, immediately upon completion of said improve- ments, 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 fore- closure 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 improvements, 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 $250.00, 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: Installation of 55 lineal feet of sidewalk, 4 feet wide. 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 CHULA VISTA PROPERTY OWNERS: M yor of ,the. City of Chula Vita Joh~r A. Robinson ATTEST ~ ~ ~.,c„-.,c~t~_r C~j ~%!_Y_~-~-f- ~ ~/t _ ity C erk ~ Sharon G. Robinson ~ ~~~ ~~ t ~ ~_ 'approved as to form by .~: George D. Lindberg, City Attorney ~s, ~, C 7 n~"' ~~~D~~V ~~. AAA REQUEST' 0 0 n~~a ~~aja ~,QK. 1970 tj}~flClf+L RECORDS ~~'H:d~~CQtl,N7.Y, CALIFORNIA O Ct~ A. S.'G ~ •.4s'~TY RECORDER ~t rC R~#~rn tdl ~~, ~~~~ ~~~~ ~ ~~~ .J ~- ~ ~~~ TO 447 C ([ndividual) STATN: OF CALIFORNIA ~ SS. ~_. i COUNTY OF ~'~- `"7 w w S W J a a N before me, the undersigned, a Notary Public in and for said TI State, personally appeared ,:v --. -~ ~, , f . ~-' - ~a , known to me whose named 4H-s _ subscribed to he the persona g f~ , . t.. the. within instrument and acknowled ed that- ; - executed the same. WITNESS my hand and official seal. .; ,- ~; Signature i , ~ / y' f ---~-- Name (Typed or Printed) OFFIGI~T- ~_ W . M~ DUANE M. Ml~@b~~ m , r NOTARY PURE 1~-~~k1~©~NI~ `' ~' SAN DI~"s~ ~®~NfiY` ,4~,r~,~,.P my CommiESfon ~xpir~~~~n: g~, ~~~~ -~~£, __ 276 Guava Ave., P. O. Box 1067, Gh~l9 Vl§t~@r ~~: ~~~~ (This area far ofFcial notarial seal) i. i,~~ J ,.__. ~) ~ r , ~~ v ~' ~ - 29th .'a. ,~` ,ZulY ~ 4 - ___. __ f,i L ~ i r ., Thomas Hamilton, r . _ . _. -~- 4 i.ct _a r - ~ L •~- ~~; -, ; ~ Ma ' _ - - .. e .,