HomeMy WebLinkAboutReso 1969-5483RESOLUTION NO. 5483
RESOLUTION OF THE CITY COUNCIL OF ~i"'HE CITY OF CHULA
VISTA AUTHORIZING THE DEFERRAL OF TIDE INSTALLA~i'ION
OF CERTAIN PUBLIC IMPROVEMENTS OTv THE PROPERTY O~:NED
BY ROBERT HIGGINS AI~TD ACCEPTING LIEN ON SAID PROPERTY
The City Council of the City of Chula Vista does hereby
resolve as follows:
4JHEREAS , on the_ 23rd day of December_ , 1969 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 Robert B. Lynds and Robert Higgins located at 295 "C°' Street,
and
WHEREAS, said property owners have agreed to furnish to the
City of Chula Vista a lien on said property, in an amount sufficient
to c<.:nstruct said improvements.
NOW, THEREFORE, BE IT RESOLVL~D that the City Council of the
City of Chula Vista does hereby authorize the deferral of tTle installa-
tion of certain public improvements on the property described herein-
above, in accordance with the recommendations of the Planning Comrission.
BE IF FURTHEP. REST
said offer of a lien on said
improvements, which lien may
the property owner, or, if a
if said deposit is withdrawn
ments.
~LVED that said Council does hereby accept
property to insure the completion of said
be recorded if no cash deposit is made by
cash deposit has been made, may be recorded
prior to the installation of said improve-
BE IT FURTHER RESOLVED that the 2~Rayor of the City of Chula
Vista be, and he is hereby authorized to sign the Contract for Improve-
ment in Public RigYits-of-Way, which contains said lien.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby authorized and directed to record
said agreement and this resolution in the office of the County
Recorder, San Diego County, State of California.
Presented by Approved as to form by
. ~
_ f,,
Lane F. Cole, Director of , George D. indberg, City Attorn
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 23rd day of
December
1969 ., by the following vote,
to-wit:
AYES: Councilmen Sylvester, Hamilton, Hyde, McAllister, Scott
NAYES: Councilmen None
ABSENT: Councilmen None
f ~
Mayor of the City of Ch Vista
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ATTEST ~ ~~ ti_ _ z.-<._-~v t. i -~ .--~ . G~
.City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the city of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
and that the same has not been amended
or repealed,
DATED :
City Clerk
CC-652
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':;i~en recorded please
i~:eiin_~th '. C.:mp~~~11,
1'.i_.. i,ox 1687
i;iiula Vista, Cali.
rei:urii to:
wit"y Clerk . '; h
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Nd FEE PWSOLUTIOT~ OF TTiE CITY COUNCIL OE ~i~T-:E CITY OP CfiliLA
VISTA AliTfiORiZIN 1 THE Di;FERRhi_, OF TiT' INS~s'ALLH'~""IOi1
OF CERTAIN: PUBLIC Ii-i1n ~20i~ET~yNT,: OTC 1F-E' PROs E~ T`_' 0,,~:ED
BY RUt'EF'.T iti-~ GGIN::~ AivD ACCE?TING L IEre OTC' SAID ?RCPE!ZT'~
The City Council of the City of Chula Vista does hereby-
resolve as follo~;as ;
T~~i-IEREAS , c:~ the ~~~ day cf ~~_ '~~_ 19 ~~ , the
Planning Commission of the City of Chula Vista in accordance with the
provisions of Sect~_on 27.507 of the Chula Vista City Cede authorized.
a delay in the installation of certain improvements on the property
owned by Robert B. Lynds and Robert Higgins located at 2~5 "C" Street,
and
WHEREAS, said property owners have agreed to furnish r_o the
City of Chula Vista a lien on said property, in ar_ amount sufficient
to c~:nstruct said improvements.
IvOW, 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 IF FURTHER RESOLVED that said Council does hereby accept
said offer of a lien on said property to insure the cotr~.pletion of said
improvements, which lien may be recorded if no cash deposit is made by
the property o~~~ner, or, if a cash deposit has been made, may be recorded
if said CiepOS1L is withdraYrr. prior to she instaliatior. o~ saia improve-
ments.
BE IT FURTHER RESOLVED that the ."Mayor of the City of Chula
Vista be, and he is hereby authorized to sign t'r.e Contract for Improve-
ment in Public Rights-of-G,7ay, which contains said lien.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby authorized and directed to record
said agreement and this resolution in the office of the County
Recorder, San Diego County, State of California.
Presented by
Approved as to corm by
1
~ _ ~~~~
Lane F. Cole, Director of George D., indberg, City Attorn
Public Works ~.
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ADOPTED AP'D APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTt~
CALIFORNIA, this _ ~3x$ day of DeCea~bBr , 19~`~ , by the following vote,
to-wit:
AYES: Councilmen $yYVg~~gx, Ha~tLilt~et, ~s ~CAllistex, ~~~
1`AYES : Councilmen 11j~g
AESEP~T: Councilmen Ncaae
(s) Wi11 T. Hyde
Mayor of the City of Chula Vista
ATTE S T _ (a l K„„*~°th..~amphell
Citv Clerk
STATE OF CALIFORNIA
COU<<TY OF SAI' DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBF,LL, City Clerk of the City of Chula Vista, Caltro~nia,
DO HEPEL•Y CERTIFY that the above and foregoing is a full, true and corre: t c:~n~;• rt
Resalc~tjon Na 54II3 and that the same has not been amended
or repealed,
DATED: December 23~ I~~y
a _
`-- , `.Lc ~ e..~
City Cleric
CC-652
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~Gl'lli lil"t t~. l`~T r'i ~ r~~L 7:: n-f`T rr~ r~ Tq.
T Ens r •F"~uUr (~ 1 I .~ FiLLr~lI ,~' .. . F'. y~Lv
~_ . h.E DE. F_ _<_ ...~ ~F ~~.~
PiJBL%C LSr~ROv~~:~~d'!'S Q?J' T:~ PP.OPE_?TY O~`~~~FD EY RUE.F1tT i3. LYi1i`S
AND ROBER`:i~ HIGGI~~S, LOC[:Ti:D c?~l' °.5 :'C" Sr~'P.iE`i , P.-=',T::I CIA^d EFTS. ,
AND LIES? :SECURING T~iE FUTURE lvSTALI,I~T10N OF Sr~ID i~1PR0`~'El~IE~`"1~S
~~ T~II~ AGREEMENT~;~~ made and
~e 19 by and
municipal corporation, hereinafter
LYNDS and ROBERT HIGGINS, a partne
"Property Owners";
entered into this ~~~ day of
between THE CITY OF CHULA VISTA, a
referred to as "City", and ROBEP.T B.
rship, hereinafter referred to as
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 providers, generally,
for the installation of certain public improvements upon any dedica}ed
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 September 15, 1969, 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.
N069, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That Property Owners, ROBERT B. LYNDS and ROBERT HIGGINS,
a partnership, 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
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ass=tgnee:,, %m;-lediately ~apo:i compl`ti_r.;n of said _zr.prove-
ments , and in the event the sa~.~e is not raid ti,~ithin
:~, ;
thirty i30; days froze said compietio the City may
foreclose said lien, as prov~_ded ~v ' ac; for t'~e fcre-
closure of mortgages, and Property Cw~.~ers agree that
the amount o~ sai.d lien in~~iudes attorney' s fees , which
shall b~ taxed as a cost in any suit o~ foreclosure,
(b} Direct the Director of Public Works to estimate the
cost of the work required to comp~~_ete paid improvements,
and foreclose said lien in said amount.
(c) Foreclose said lien as ~ 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 ±he 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 a~ 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 $5,000.00, 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:
Type "G" Curb - 476 Lin. ft. at $2.25/ft.......$1,071.00
4 P.C.C. Sidewalk, 5' wide, 2380 sq, ft.
at 0.45/sq.ft. 1,071.00
2" A.C. Paving~on~3/4"~Agg.~Base•-~7,616.••~~~~
sq. Ft. at 0.25/sq. ft.,,,. ,,,,,,,,,,,,,,,, 1,904.00
Sub total •.$4,046.00
Engineering, Plan Preparation & Contingencies.. 954.00
Total $5,000.00
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 ROBERT B. LYNDS and ROBERT HIGGINS,
a partnership, PROPERTY OWNERS
Mayor of the City of Chu a Vista ,__.,~ "~~ ~-'
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ATTEST ~- ' ~ •.. - . ~~ ,. _~ ,.~
City, Clerk
Attach Notary Acknowledgment here.
Approved as to form by
George D. Lindberg, City Attorney
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