HomeMy WebLinkAboutReso 1969-5305RESOLUTION N0. 5305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DEFERRAL OF INSTALLATION OF CERTAIN PUBLIC
IMPROVEMENTS ON PROPERTY OWNED BY MR. AND MRS. JOSEPH PAONESSA,
LOCATED AT 316 "K" STREET, DELETED FROM 1911 ACT PROCEEDINGS
INSTITUTED BY RESOLUTION NO. 5188, AND ACCEPTING LIEN ON SAID
PROPERTY
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, on Tuesday, the 17th day of June, 1969, the City Council
of the City of Chula Vista, pursuant to the notice set forth in Resolution
No. 5188, conducted a public hearing in accordance with Section 5878.1
of the Streets and Highways Code of the State of California to require
any installation of certain improvements on property owned by Mr. and
Mrs. Joseph Paonessa, located at 316 "K" Street, in the City of Chula
Vista, and
WHEREAS, said property owners requested a deferral of the
installation of said improvements and deletion from 1911 Act proceedings,
and
WHEREAS, the City Council agreed 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 im-
provements, which lien may be recorded if no cash deposit is made by
the property owner, 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if said deposit is withdrawn prior to the installation of said improvements.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.
Presented by Approved as to form by
,-Lane F. Cole, Directo o Pu isGeorge D. ndberg, City Attorne
Works
ADOPTED ADiD APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 5th day of August , 1969 by the following vote,
to-wit:
AYES: Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister
NAYES: Councilmen None
ABSENT: Councilmen None
~+ v
~ ~_~
the ity of C a Vista
k ~ ~.
AT TE S T yr ~~ ,~
~.-~_-_r~ .~~ - .i~ L~r ~ C
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 :
CC-652
City Clerk
~.--
~~_5~~~5
;hen recorued p].~ase return to: ~_`~t`~~~~ '~;~,,
?L~:nneth ?. Campbell, .;ity Clerk ~ _..._.___....._..........._
17 . ~)~ i:OY 1087 RECRF::~.il~~Rro'1' R~~QUES~T ~GF`7 ~~~-,I~-
l;hula 'Jig to , i;~; Lir. 9309 Cr~~....~ . C,~-1~~.~-.4-:v~'u-'... (~.~%~~t-G~-.
~,(,'Gs~~J~~ ~3 ?~~~
~ER1E5 ~:~ BOOK iASt;
RES:;LU`i'l.O;`v Dio . 5309 ~E~~ .~~~ ~~ oHe•~ ~'E~
---- ---- SAi~ ulEoJ ".lJ l i ~^,LI~'Jf i!:1 ~~
A. .. ..R.;. .. Sri nr~~n,~~.
1~:1"_,5L)iiiJ'1'iV'L'v l)... r~.I~11-, GT ='V il.~..JL`J~..TT.~ nr' `I'Iji, 1;.T`l.'`C ~ii. GFjt'L.,A `JItinE~
AUTHORIZE='i~IG THE DEF'ER~AL OF INSTALLAiIG~v li~~ C~?"~'f~1=T~ t'L1i3'~I+"":
ItiL?i~OVEi~.E~tT:3 ON I?E:O~`r~RTY i)iti'NL'D EY MR. Ai1D :~~RS. ~OSEPti ?'AOi1ESSA,
LOCA ,.'ED ~AT 316 "K" STR;~ET, DELEI'EL F~:Oi~1 i 91.1 ACT PROCEF'DINGS
INSTITUTED DY RESOLUTION 1~?O. 5188, AND ACCEPTII`TG LIED? ON SAID
PRGPER'1~'Y
The Ci_ty.Council. of the City of Chula Vista d~~s hereby resolve
as follows:
~^I'Hi~hE~',S, On TUe3Ctc,:y, trite 17 i.h dcA~ of .I::.i:': , i_~~Q, t!?° C1t~' G'O~?nCi 1
of the City of Chttla Vista, pursuant to the notice set forth ir. Resolution
No. 5188, conducted. a public hearing in accordar;ce wir_h Section 5878.1
of the Streets and Highways Code of the State of California to require
any installation of certain improvements on property owned by Mr. and
Mrs. Joseph Paonessa, located at 316 "K" Street, in the City of Chula
Vista, and
WHEREAS, said property owners requested a deferral of the
installation of said improvements and deletion from 1911_ P.ct proceedings,
and
WHEREAS, the City Council agreed to delete said property prom.
said 1511 Act Improvement proceedings, and defer_ the installation of
said. imnravements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chul-~ Vista does hereby authorize the def_orral. of the installation
of_ certain pubi.ic improvements on the property described herei.i~bove.
BE TT FURTHER RESOLVED that said Council does hereby accept said
offer. of a lien on said property to insure the completion of said. i.m-
proverr~ents, which lien may be recorded if no cash deposit is made by
the property owner, or, if a cash deposit has been made, ma_y be recorded
if said deoosit is withdrawn prior to the installation of said improvements.
BE IT FURTFiF.R 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.
Presented by Approved as to. forrn by
Lane F. Cole, Direc~_or of Public
Works
C'reOrge D. LZndbtry, City AttO.LiieiT
~.~_ ~ 30
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA ~~~~~.
CALIFORNIA, this 5Ch day of Au~uefi 19 b9 ., by the following vote,
to-wit:
AYES: Councilmen SCOtt. Svlyemter HsmiltOn McCorquodale~ MrAllimtar
NAYES : Councilmen _'n}'pne
ABSENT: Councilmen None
(s) Daniel A. McCorquodale
Mayor of the City of Chula Vista
ATTEST (s) Kenneth Campbell
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
Resolution No. 5305 and that the same has not been amended
or repealed.
DATED: August 5, 1959
~'
'--'~ _--c,r_. ~.~t_.E- ~~
City Clerk
k ~~,} O ~f
,._~ 3~a~~` ~. .Cj
mA, y
r ? H x. ~ .~ w .. o .~
y
T n
~ a~ ~~~ f J
":~ . L
CC-652 r--
-5~os
C~Nt~.?wI`a~,l~
'r.
'iIi ~ S ?~GRE~:i~'~~~f?T; ~ ~1 - ,; ~,_ 5th
marxE: an. ent•, _ eci .i_ to ~~~is _ _ c?.alr
of August 1;:69, b1> and. b::tiaeen '~'HF' CITE' CF CHUL__ V;S~~A,
a mun._c5.pal cerpor~:tion, her~i.naft:~r called '.City" , anc~ JOS7:~PH anct
T Lt;~;7 ~'~ Pr''~vt~~'SSA, 7GJn P_rS Ui that Cer taln propert% lOCctted at ?~6
"h." Street, i r. t:7e City of Chula T'i_sta, herei Wafter called "Oe~ners";
P7 I T N E S S P T ri a
b~7HT,REAS, the City Council of the City of Chula Vista l:as
h~=retcfore, on Tuesday, June 17, 1969; held a pu'oiic l:Garing in
accordance with the provisions of the Improvement Act of 1911, to
L
hear protests o~ property o`:,~ners required to corstrt:ct certain public
lr~l,~rU~ler!entS, i.e.., curbs, gutters, sidez•IalkS, drlVEwa1=S and ShOU~.C1er
paV? rig, as t•rC1~%`1C~_t~ iI? t.i0 SO-Cca11O.0. 1 91'1 B1OCk r'~Ct, anC7
j~7F3EP.EAS Joseph and Teresa Paor_essa, owners of that certain
r
property locate; at 316 "Y." Street, in the Cit1= of Chula Vista,
G1=ere among those property oti~ Hers notified of said hearing an_d inforreed
Of t.tle C1.L?tV t0 CO?";StI-UCt Ce'~'ta-!r: public litlp_OVe111entS 0;1 Sc:id p~°Gy7erL~,=,
aS fO11OFe=S :
80 J_ineal feet of Type G curb and five foot.
~~-ide. monolithic sidewalk and approximately 880 sq.
ft. cf asphaltic concrete shoulder pa-vng over
aggregate base, plus necessary driveways
pursuant to Section 5876 of the Streets and. Highways Code of th•a
Sta+~e of CaJ.i_~ornia, and
4IriB'REAS, Oo~ners requested at said hearing that said ir^L~rove-
r:~el_ts be defe_ _ ed for a. period of ore near, and further a<-~rPed to
e~:octi~te 'an agreer~lent and lien guaranteeing the i nstallaticn of said
improvements on or before June 17, 1970.
Pv'O'v~;, TIii,R~FORL, IT IS L•1U'ii?AL•LX AGREED by and between the
parties her_ etc as foliotos
1. . In consideration of deleting the property bel.onc;irlg
to Joseph and Teresa Paonessa, located at 37.6 "~:" Street, in the
City of Chula Vista from said 1911 hnprovement E?ct proceedincs,
as set forth in Resolution iv'o. 5188; approved on the 20th day of
May, 7.959, said O,,mers agree to execute this lien agreement i n t'rle
amount of $950.00, as security for the installation of certain
aforemerition~d improvements u~~or_ the proper_tj,= hereinabove described,
more particularly and certainly described ir. ir'pYUJe:nent plans or.
file in the ?'nr,•inee?-ing Department o.= the City of Chula Vista.
2., Said improvements cii11 be ins tailed completely and
aCCG'Ld.iri~ tC a1i a~;pli.Cc_iJ1e rE:'7Ll1a4~1O.)S c).riC! sra.ndaros Ui 'ttle l:1tV
cf Chula V;_sta an or before ~.he 17th da1> of Ju?.er 1969. Said O;,arers
agree ±hat said im roveraents sha 1_d bl said date or
F) 11 be instal ~ _
on or k~efore arty exter.sior. of time as may be granted by the City
Council of the City of Chula Vista.
3. Fcr the Sa]_trlflll per~CrTanC2 Cf t']E~ pI-O'111Se5 ar!d COVerlc'.rit.S
herein cor~tai.ned, Owr_el-s hereby era.;.t. to the City of C}l;,la Vista
a 1_i.en UrCn the property 1"12:Cti n deS%:3"1. }Jed, a?id i.rl t112 eC'ent t~'xa?
~"s~?ner8 i..._^7.r SL1CC~_..= ~rS ti1e1~S -~;~ ~ --
r` r i .,.~5 Ci;.. '_rc~.; °f2r'~P.°~, 111 tO
inSGa'. ~i~ l:J ,~.~'1.,~ Sig,.. _i _u~E::~.i%„+1.I1 I.rie .Cann-r ~~rlC. .tit<.t'.ir
the ii?n~. ~,~~C ; r' • ? h _
r ;- r 'y a;1i._ t__c.~- C1tV i`ta_~ rG ana~ Or all
o_ the fcilo;a~.ng:
-1-~
..
•
. ,_. .-.. _. i ~1~., 1. ,' .;,. _
a.~~l ~_~ _ ~~~;.rv _:c ~ ~._. cc_. ~ ac, ~ r ~ ~ ~ ~ - ~ ~~
• U~. ' 1._~ ~ _ L
C.C~:. c.1:, E'"JeiSC' OL 8~_id iris.; -'"'1~'r=„°r .S !al_ b2 O.~
a~a]_I,S"C said DrOp2rty and Sa1G G'l?St cnri P_x~cn~'•2 ilal_~
be pa.~'c.b1P ;,ly ~':;'i72r_•, r.h°:.r St1C^E'.S_O_""b, i1E:irS, ~iSS'1gnS
or assignees, imrledi<<tely upon completion of said
improvements, and in the evc-nt tl:e same is not paid
witi~in thirty (~0) days from said completion, the
City may collect .,aid lien in the manner prcvidcd in
Section 5E93 of the Streets and Highways Code of the
State of Califcrni.a as an addition. to th• amount of
the assessr„ert of the r_eaular bill f_or taxes levied
against said property, anal Ov;ners agree to waive the
requirement of confir:r~aticn of the assessment and
notir_e of the lien, as contained in Sections 5890 and
5891 of the Streets and Highways Code of the State of
Cali,Fornia and accepts this agreement as sufficient:
notice of said lien. Owners further aa~ee that the
amount of said lien shall include attorneys' fees,
which shall be taxed as a cost in any suit or fore-
clcsure,
(b) Direct the Director of Public r;corks to estin-':ate
the cost of the ~•zork required to complete said improve-
. meat, and foreclose or collect said lien in said ariour!t.
(c) r^oreclose said lien as a mortgage.
(d) Pursue any other remedy, legal or equitable by
la:a, for the foreclosure cr collection of a lien, and
Gwners, their heirs and assigns, shall pay reasonable
attorneys' fees to be taxed as a cost i.n sai_d proceed-
i F1gc ,
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 o"f Public ~dorka to
cover the total cost of the improvements. If said casr. deposit is
made prior to the recording of this lien agreement, then said li•~n
agreement shall not= bo recorded as long as said cash is on deposit
with file City, IF said cash deposit is -vaithdrawn from the City,
said lien agreement shall be recorded. If this lien agreement has
been ~ecerded_ and ti?en said cash deposit is made, the City may re-
lease said 1.en o_ record and hold this agreement cr any reca agreement
unrecorded as long as said cash deposit is left with the City.
5. The•cost of said improvements and the amcur_t of this
lien is th:_ sum of $950.00.
IN 4dITNESS L•;E:EREOF, the parties hereto ha«e caused this
agreem;en+= i,:C be e?:°,:L't•=• 7 a_,_
- ~~. file uay artcl 'i'Cdr f1rS~ herelnak'ioVe Sgt fJrtli.
THE~,,.['Tfi~' Or CiiULA VI;~TA
~' ~`
V~~~ z~~ .
r of . je C~ ty ~~ Chula ~.%ista
Ob9i^vERS
seph P-^ ne~s
' -~!t ' 9
a j
"A' ~1
. ^4~
Attach ~JOta1""' aCknO:V'L•°'`
-1 ~~~ c r,'A~ ~.-~ • .
here,
_ - :`s
.m ' ~_~
Appro;,ed as to for*n biT V-i`~i, , "~~~
GeOr ~=' j ~ L~ rc~;~ gig, Civ t~t~o_-pey-
~,sa ?a^., ~~.
p~S~ o S
TO 447 C TI
(Individual) t~~ ~
STATE OF CALIFORNIA
SAN DIEGO ~ SS.
COUNTY OF
On July 2 2 , 19 6 9 before me, the undersigned, a Notary Public in and for said
h and Teresa
d Jose Paonessa ,
p
State, personally appeare
W
W
z
,known to me
w to be the person S whose name s are subscribed ~ o r
'
'
°
" °
i~ to the within instrument and acknowledged that they
h ^
h
•
~ e e ~ .. e , ~ ,. a ~ ^ ore ~ rn ~: ~ =
• " ° ®~ m ®~ ~ ~ s ~ d
RICHMOND
e same.
executed t ;
• CAROL A.
U8L1C
cial seal.
nd
of
a
`VITNESS my hand
~ a° ..~'~~;~. NOTARY P
y fi
me
'-
! ~j~ /////
//
/
~i
~ J
moo: ~ _ Via,
. ~ `j,
•
•o '`~-'>
Principal Office, San Diego Co. Calif.
973
~~C.~/~/?i¢~~ c'~i}:/
if-/" (/(
Signature ~ .
'~ My Com mission Expires January 6, 1
'~ Carol A. Richmond
Name (Typed or Printed)
n~~~io^s~-- ~
~~bJ
(This area for official notarial seal)
~~ ~~ ~~ ~~