Loading...
HomeMy WebLinkAboutReso 1969-5430 RESOLUTION NO. 5430 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DEFERRAL OF INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON PROPERTY OWNED BY THE FIRST ASSEMBLY OF GOD CHURCH AT 547 FOURTH AVENUE DELETED FROM 1911 ACT PROCEEDINGS AND ACCEPTING LIEN ON SAID PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, The First Assembly of God Church, property owners at 547 Fourth Avenue, have requested a deferral of the installation of certain improvements on said property and deletion from 1911 Act pro- ceedings, and WHEREAS, the City Council agrees to delete said property from said 1911 Act improvement proceedings, and defer the installation of said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral of the installation of certain public improvements on the property described hereinabove. 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, which lien may be recorded if no cash deposit is made by the property owners, or, if a cash deposit has been made, may be recorded if said deposit is withdrawn prior to the installation of said improvements. 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 Public Improvements, which contains said lien. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and he is hereby directed to have the executed document recorded in the office of the County Recorder of San Diego County. Presented by .F' ~. _, Lane F. Cole, Director of Approved as to form by George D indberg, City Attor ADOPTED AP'D APPROVED by the CITY COUD?CIL of the CITv OF CEULA VITA CALIFORNIA, this 18th day of November , 1968 by the followine vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister I`?AYES: Councilmen _ None AP,SEP~T: Councilmen None ~_~ ~ ~ ~..~. Mayor/ of he City of Chula Vl.sta-• pro tem t ~,, -' i ATTEST ~ L ~-Cr, re_~~ %~/ City Clerk STATE OF CALIFORNTA ) COUNTY OF SAP~I DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, CalLro~nia, DO HERB BY CERTIFY that the above and foregoing is a full, true and come: c c:~n:- rt and that the same has not been amended or revealed. DATED: City Clerk i' , When recoiled please r:turn to: '~'• kenneth P. C~l:ap!~11, City Cleric ~;.~~. ~~~:,~'.r~' Y .O'. i, ox ~ 1087 %~~ '° : _ °'^a::.,,.._..,,,._.__________._ r C:'::ula ~'is±a, La tir . 92012 ~~ ~„y UfsT C ~~~~ ~~~ ~ ~ ~• I~J~7 ~ /') tEt~i~S t,~ ~~f~~ jg{~G;, JF~~ +ai_ ~ ~ ~ f~S ~h ~IEGU !Jf' I ~ i!!A ' - 'rn~ ~ ~ '~. ~ f .., ~~,/ 1°CC T~~C~)~_v~l. r~1'v :~i l~l"::~ ~~i J"~ •. ~..-..:~: ~^_~1.~ G}.'~~ ii Tit: l., a. mt` JT L~'TJ.iti 'J 1~1~t~ r~C?i~Irr,ai~li?i~ 2'HE h .~~,'_~~._:T~ :Jr~~ ILi~;~~:r,L:~~1`~'?_J'~< i)i~' ._~:~'F_~~; ~'UBLZC' 7.''~*~tZ l1~i.1.'1 ~Ca 1'._ ~J .V ~t'. i.- ~'t~',_ l.)~._z._,1~ t~~ `i.F'~ ~'' i. _~.±7 `l' :i.J ~~.:. x'!~L~~ ~F' t, r ~~ r ~ ,.,, ~ r ,~ ': 191.1 AC`r' ?y, )I'_1) CF~'.t_'C/'r-_~C~~1`-i' S« ii ~'J:.T.•.li-. ~ ..~~~~J ~ i~}~Lr,`~~~._' `~'--~G-'- rROCE~~D.I.NGS .~'. ~_1D F,C~. r',~`~'1^~; i- i.ill'_-.. r~l`~ z"_I T) F'R(1 r~".::.., 1'.r. Ti:e City Council_ cf the City or Chula Vista does hereby resolves as ~ c1.lo~as W~?EREAS, The First Ass>>>r.?~l_v of God Church, property owners at rJ4 ~ (_ art.r_ ri.c:T,.'1:~, i1~~.4~ '~C 'L.~_ C;; c, 1._rrc,~_ Oi: till. ~_ns'~cilldt.lJn Of cert_~in im.:~rc~ve,.E'.nt~_ on said I~roper-<< az:d deietio:~ fror~T 1911 Act pro- ceed ~ n:a s , anc'. tVFIERt_AS, th Cit_~~ Cou~ici.~- a.gr:Les to delete s~iid property from said. 19.L1. Act improvement px-oceG~riinc:s, and c!efer the installa_ti.on of said irt~proven~ents . NG~^i, THERE-''ORE, BE IT RL,SGLVED that the City Council of the City o~= ChL~1a Vista does hereby authorize the deferral of the installation of certain pui=~lyc in;nroven'.ents on the pr_operty~ described herei.nabove. BE I'I' FURTHER RESGLVED that said Ceuncil does hereby accept saic' offer of a lien o.~ said property to insure the com~]_etion of said improvements, which lien may bo rer_orded if no cas'_~? deposit is :Wade by th~~ pror,•~~rt.y owr_'ers, or, if a cash deposit has been made, may be recorder. i.f said ue-_ sit is wii:i~dra°~~n r~ri_or to tine i_r_stallatior. of sai.: i_mp rovement:s . t''' - BF. IT FURZ'nER RESOLVED that the `Mayor of the City of_ Chu1_a Vista be, avid ize is hereby authorized to sign the Agreement for the Deferral of Public Improvements, which contains said lien. BE Im rURTrIER RESOLVED that the City C)_erk of the City of Chula Vista be; and he is hereby directed to have the executed docL;ment recorded in the office of the County Recorder of San Diego County. Presented b~• ane F. Cole, Director of Approved as to form by George D. Lindberg, City Attorney ~5~~~ c~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA .,d~, <'~. CALIFORNIA, this . day of , 19 by the following vote _ , c71tP.+~1 ~r ~> to-wit: AYES: Councilmen ~ Scott, Sylvester, Hamilta~, McAllister NAPES: Councilmen 1 _ ~ None ABSENT: Councilmen L t~oILG' {s) Thamss D. Hamilton, Jr. Mayor of the City of Chula Vista Pm tee ATTEST (s) Kenneth Campbell City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) sse CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Calirornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy ~F_ Resolution No. 5430 and that the same has not been amended or repealed. DATED: November 16. 169 ,. ,. /..; , City Clerk ~, ,- AN AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION ~`.~' OF CERTAIN PUBLIC IMPROVEMENTS AND A LIEN SECURING SAID IMPROVEMENTS 4'4-°~" THIS AGREEMENT, made and entered into this 18th day of November , 1969 by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE FIRST ASSEMBLY OF GOD CHURCH, hereinafter called °'Owners"; W I T N E S S E T H WHEREAS, the City Council of the City of Chula Vista has heretofore, on Tuesday, June 17, 1969, held a public hearing in accordance with the provisions of the Improvement Act of 1911, to hear protests of property owners required to construct certain public improvements, i.e., curbs, gutters, sidewalks, driveways and shoulder paving, as provided in the so-called 1911 Block Act, and WHEREAS, The First Assembly of God Church, Owners of that certain property located at 547 Fourth Avenue in the City of Chula Vista, were among those property owners notified of said hearing and informed of the duty to construct certain public improvements on said property, as follows: 170' Type "G" curb - $2.25/L.F. $ 382.50 680 S.F. 4_" P.C.C. sidewalk - $0.45/S.F. 306.00 1360 S.F. 2" A.C. on 6'° A.B. - $0.35/S.F. 476.00 $1164.50 pursuant to Section 5876 of the Streets and Highways Code of the State of California, and WHEREAS, Owners have requested that said improvements be deferred until such time as they would be required by the City of Chula Vista, and further agree to execute an agreement and lien guaranteeing the installation of said improvements on or before October 7, 1970. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In consideration of deleting the property be- longing to The First Assembly of God Church, located at 547 Fourth Avenue, in the City of Chula Vista from said 1911 Improvement Act proceeding, as set forth in Resolution No. 5188, approved on th.e 20th day of May, 1969, said Owners agree to execute this lien agreement in the amount of $1,400.00, as security for the installation of certain aforementioned improvements upon the property hereinabove described, more particularly and certainly described in improvement plans on file in the Engineering Department of the City of Chula Vista. 2. Said improvements will be installed completely and according to all applicable regulations and standards of the City of Chula Vista on or before the 7th day of October, 1970. Said Owners agree that said improvements shall be installed by said date or on or before any extension of time ~"~~,~ as may be granted by the Council Council of the City of Chula ~"~'.~ Vista. 3. For the faithful performance of the promises and covenants herein contained, Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Owners, their successors, heirs, assigns or transferrees, fail to install or construct said improve- ments 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 rea- sonablg 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 to 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 collect said lien in the manner provided in Section 5893 of the Streets and Highways Code of the State of California as an addition to the amount of the assessment of the regular bill for taxes levied against said prop- erty, and Owners agree to waive the requirement of confirmation of the assessment and notice of the lien, as contained in Sections 5890 and 5891 of the Streets and Highways Code of the State of California. and accepts this agreement as sufficient notice of said lien. Owners further agree that the amount of said lien shall include attorneys' 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 improvement, and foreclose or collect 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 or collection of a lien, and Owners, their heirs and assigns, shall pay reasonable attorneys' fees to be taxed as a cost in said proceedings. 4. At any time during the period herein provided, Owners, their heirs, assigns or transferrees, 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 lien agreement, then said lien agreement shall not be re- corded as long as said cash is on deposit with the City. If said cash deposit is withdrawn from the City, said lien agree- ment shall be recorded. If this lien 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. -~1~ 5. The cost of said improvements and the amount of this lien is the sum of $1,400.00 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein- above set forth. THE CITY OF CHULA VISTA OWNERS: .-, ~ / ~ ~" , ~ r-- , ~. „ ,~ ~. ..... -~ , ~. . Mayor.jof .the City of Chula Vista The First Ass.~n. ly of ` GQ ~~,~haar ' , ~~® ~:c~m President t -~ ~.. ~.t~,~'~ ,.,,s \ -E....---tgi'-C:_.~._-C-C'-tiCj~l__r G,.~L~~LC.;o~r-~'-Lt_ ;'~ :;~ ' l~ jJ.C./ ~~~R ,I ~~~~ L ~ L//~~ '% ~~ ` ~~~ ~ ty Clerk Se retary ''~~, ~ "" ` ~'~ ~` , ~~r ~ t ~~'r~sr~rfi~~~~~. :Attarch'Notary.Anknowledgment <1~~re~. ,.- ,, *1. Approved as to form by George D. L' erg, Ci y ttorney ri . i~ ~. STFTE Or C~ILIPO:Lz~iIA ) COUNTY OF S<~.'V JINGO ) ss. CITY Oi~ Ci-f't,~iA VISTr~ On this 18th day of November , in the year 19 69, before me, KE\NETri P, C=i~iPt~Ef.L, City Clerk o~ tl.e City cf Ch~!l.a Vista; ,C~~a.~~i~'lza:a,.,personally appeared Thomas D. Hamilton , knoc~m to me ~to~::be ~th~t ~ I~I~or pro ten~f the City of Chula Vista, and tcnoti~m to r~1e ~;.", to h~ ~"lie ~ts~on v;ho executed the vithi n instrument on behalf of said ~~, ti >.~~ C~.ty~ ~IZi~~~Gk~ci~ryledDed to me that such City executeu the same. '1,1. ~ -` ,a. Kenneth P, Campbell, City Clerk ~ ;~, , , +~:^ - City of Chula Vista, California r~ ~' ~ ~.