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HomeMy WebLinkAboutReso 1969-5251RESOLUTION NO. 5251 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AUTHORIZING THE DEFERRAL OF INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON PROPERTY OWNED BY NED AND MILDRED J. HOLMES, LOCATED AT 786 FOURTH AVE., DELETED FROM 1911 ACT PROCEEDINGS INSTITUTED BY RESOLUTION N0. 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, conduct 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 Ned and Mildred J. Holmes, located at 786 Fourth Avenue in the City of Chula Vista, and WHEREAS, said property owner requested a deferral of the installation of said improvements and deletion from 1911 Act pro- ceedings, and WHEREAS, the City Council agreed to delete said property from said 1911 Act Improvement proceedings, and defer the installa- tion 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no cash deposit is made by the property owner, or, if a cash deposit has been made, may be recorded if said deposit is withdrawn prior to the installa- tion of said improvements.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 _~.--t..,.,~u L n~ F. Cole, Director of Public Works Approved as to form by George D, indberg, City Atto ADOPTED ArTD APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 24th day of June 19 69 by the following vote, to-wit: AYES: Councilmen Hamilton, McCorquodale, McAllister, Scott, Sylvester NAYES: Councilmen None ABSENT: Councilmen None ~-'Mayor of the City of Chula Vista i ,. ATTEST ....._ _ ~:_ _-c;,_. ~........ ... ~ .z u. ~ G~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAP1 DIEGO ) ss. 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 of and that the same has not been amended or repealed. DATED City Clerk CC-652 ~- ~~~~ _. _ _ _ 6Vhen recordeJ please return to: Fl~LlPACti ~""""""'"""'"""'"'"""' °~~' Kenneth P. Campbell, City Clerk REC©RDEI~ AI` REQUEST dF a; _ ~ '~ V ~.ci. Lox 108? ~-~~,..-.~.•~-d~,, Chula Vista , Ca i if . ~ ~~'2 P~ ,1969 C A .. _Vr..:i~IF9~E~ PA~P____......-- .- SE Ifs 1Q BOOK 196, ~' i, ~~ C ,~ . ;.' :~ ~~ , ;:::~~ . 5251 o~~~aA~ aECOROs ` ._ ___ _.. ____.___ SAN D~E~~ CO~YNTY. CALIFORNIA ~~~ [ T } 1 / ~( I A. S. GW~/v„ G..~]s6GtTY RECORDER~O 1\. ..; ~.~T~t, rv -,1`~ ~~.1. _~'._~ ~ A. '__ ~T ~ {J l~..v v _. ~.1 CII~~ '.~') ._ 1. .1 ~J. _ ll \~f-~ ~J J i~~.`. V.L~~i~'i, c.1J~_,l~+.t_Ir,.l.-:~.1 ltl~~ j~L~'~j_1:t':~~_ ~l.i:' II `.:.._.~.._I ~.i~~: _)1, r r , ,, r CL':l'_^.iia .?~0~~-i~'- `- - !~ .' .ZC_..'U%:_f~i ititl'~~ IV _ .~ ._ ~~~_.,'~. 1~:~r~t .~ r; _,: Pal}a:) ~iI4}: r~=i~L,L)~ ~,ll J . i~JL,P-lr. ~ , LOCA_C~l~ 1,~ i <_ 6 F~'Ctl ;`:c F3 t~~'I~~ ~ , DEh?=; i'1~ l) 7:~'%`J:~l 1911 1~>r.~"1 P OC ~ ;Fi)IPvGS IPA, a _:'~ trl'.±`~.'1.> - - lr,_ ?_.,.i i .!.Jh; ISO ~ j. ~., <<, ATvD ACCEPT _I_11,~ L1_L';I. L,!~ ~_,.z :, ~ r~s_. r. F? FZ _ `I'}.o City Col].r~cil or the City of Chub:. Vista ~~o~::-. }.~_rer,y rF>so_~vc~ a:.; follo~,;~; ~'7H~~,1?}:~Fi~, on r~'uosc't~,.y, thc_ 17t}1 d:~y of ~unc, 1969, the City Counc-~.1_ of c.1_?43 C'?.-t~r o_r"". Cbu1~~ 'JiCt=~, pursu«:rlt t.G the noi:__uc: fog i.l~. 1n 1\ESOIL'rt.'.p7? I\?O. 517%'s Ci7ndLiCt a pl].b11.C h.e'c1r1nC~ 1I1 ~~!C;G`O]."dcillC'E' 1^i'_'i.}7 S.^_~Ct.1OI? icy / i; ~. OF t}1 E'. ~t7"eCtS a]"1C` IiiC~t'11'd~y:~ COC1C Of t}?° .': ~cltE' Or. Ca.lry.~-c.:.-L r? ~<:? tOS.'E~C~J7_!~C cilly 1_n~~tal.lat~ On Of C:ertall! 1T;ij~2"OVE:i:I'~ni:.: On proper.t_v o~,,~~~d by t~F_:ci t+.1?d 'ri:i.l.c'.~_ed J. ~ao1_Ines, located at ?85 Fav_rth tlve_cllltr ill file City o~- Ct1t1J_a Vista, anti i"ti:"I~';1~LAS, 5.]_d ~'7.:L"°O~)E;1:"~.y O4ti'nr:'t: Y'E'C1UC'::='C'.C'.Cl a dF`~-P1"r-ct~_ O:i t.I1c~' irl:;t~ill~~_t?_oIl of saki iri`:L~rovcl;:ent:> ~7.lld del.ei_ion from ]_91J_ Act p_:-o- ceo«_n~,s, and F.HEI:I~IiS, t:hc. City Coinlc:~_1. agreed to delc't.c~ said. proz.~erty f7:0I[t Scl..l_C} l~i i i. Ac; t: ~~11~~~Y_'OV~~ir:~'nt j~rOCr'3Ld1nC~'~, anal. dere.r~ i.}-lE` 1r1 ta1l~~`- taOal 01 S~ 1d 1:!l~:)rUVcril°li%~._, . ~~ )~'', r:i'jlt~~j.~'sI'~C~ ;,' r~.}; T`1' RI',~~~ ~';; ~ y C' i ~ r '.~_r ,JL, ~ that t:ric_. C it: ot~nc:,..i. ~f_ ti?t? C'_-t:y of C}?ula. v:~::~ta doc :; he}°c%,:)y a.uthor%ze th° d~?_errai of t}~te lnst~.llat~_Crl Of CF'1:taJ.I? X%11.'O).~.C l_ITi+~_"O~~'Pn;~'71tS OriL}Ie ~rOn?.%.y C1PSt_Y'ltij~_C't hoYe?_nabovo . ~ y. ~i Z.rl' Flli~~l't!Eh J`;E~i[)T,VI';J t.i?~1t S7J_C: Cou11C~_)_ CLOI_'C til'e':~`C'.b~' i•zC:C~-'~:~L r r_ ` St7J..d Oi:fer GL a ~_1E'_n OI? Sc=11d ~rC?~ c:r i=t' tO 1I7S1i1=E--' t}?P Cr>ii.i~lLtlO;". Of Sa1d 1.T:li>Y'OVCITiE'ni:s, ~dhiCil ll_C:! I'itc~ly bE'_ reCOrde.d. 1.1: n0 Cc.sil Ci:;p4SJ_' 1S I11adC'. by tb1F'_ ~?Y.O~;C''?_~.:tJ Orr.';?C.'1:', Or, 1f a C:~Sb dE~'y r~~~:Lt }lam ~ bE:CiZ ITIudE'., may b~~ z:E~cor_ded if said deposit= is `,~ i thdra~~,m pr; or. to the install_a-- t or. c,.~, said ` improvellol`its . ~r .~. rr ~.' tl ~THt';R PsiSCLVE> Vista be, and he i.s hc.~s:eby autho Def-err_al G.i Public: ~~ra novel;~e~lt.;;, Yresen.teci by Lane ~F. Cole, D~ zector_ -o, Public 4dorx.S that thL !•~Iayor ;~_f: t:he City of Cbula r. i zed to si.r.,n file Ac;r~~,c:rnc:nt f_Or the 1.7`(?:LCil COnta1I:S Said li.F'n o APprOVed as t:.G foul by G~Gr_ gc P, . L] nr~ ~~C _.c, C:~. t.sT AttorTiE:~J `{ '~~ ~ ~^ ~ -- .s ~- ..s i ADOPTED AD?D APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA, this 24th day of June 19 69 ., by the following vote, to-wit: AYES: Councilmen Hamilton, McCorauodale, McAllister, Scott, S9lveater NAYES: Councilmen ~ one ABSENT: Councilmen (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. 5251 and that the same has not been amended or repealed. DATED: June 24, 1969 f ~ , .. :. _ City Clerk T- r, ~ .. 8 Wr. `i s ~+ { ~~ ,f ~.A vn _ _~ ~~t t ', i ! ~ ~ .. Sn q ' •~~ Y ~ ~ - ~ ~ j t ( • 7 ^ t~ It ly y CC-652 AN AGREEMENT FOR '1 HL DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AND A LIEN SECURING lJJJ SAID IMPROVEMENTS '} THIS AGREEMENT, made and entered into this 24th day of June , 1969, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and NED and MILDRED J. HOLMES, Owners of that certain property located at 786 Fourth Avenue, in the City of Chula Vista, 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, Ned and Mildred J. Holmes, owners of that certain property located at 786 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: 108 lineal feet of Type G curb and five foot wide monolithic sidewalk; and approximately 908 sq. ft, of asphaltic concrete shoulder paving over aggregate base pursuant to Section 5876 of the Streets and Highways Code of the State of California, and WHEREAS, Owners requested at said hearing that said improve- ments be deferred for a period of six months, and further agreed to execute an agreement and lien guaranteeing the installation of said improvements on or before December 17, 1969. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In consideration of deleting the property belonging to Ned and Mildred J. Holmes, located 786 Fourth Avenue, in the City of Chula Vista from said 1911 Improvement Act proceedings, as set forth in Resolution No. 5188, approved on the 20th day of May, 1969, said Owners agree to execute this lien agreement in the amount of $1,000.00, 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 17th day of December, 1969. 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 City 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 improvements in the manner and within the time specified herein, they agree that City may do any or all of the following: ~ _ ~-~ .~ ~ ~a~ 1nsLarl ~r cvnsLrucL sale .Liupioveiueu~a Uy c:vii~Lac;~ . 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 reason- ably 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 Owners, their successors, heirs, assigns or assignees, immediately upon completion 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 property, 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 fore- closure. (b) Direct the Director of Public Works to estimate the cost of the work required to complete said improve- ment, 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 proceed- ings . 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 recorded as long as said cash is on deposit with the City. If said cash deposit is withdrawn from the City, said lien agreement 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. 5. The cost of said improvements and the amount of this lien is the sum of $1,000.00. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE C Y,~OF CHULA VISTA OWNERS: / . f /c- y. ~rE~q~ / ~1~Ia~or of the City of C~tula Vista Ned olmes v bf Attest ~ /,;'~~i~ ~' l / ~,-t. t ~c t.t f A ~ ~ _ City Clerk .~ M~ldred J. 3~olmes Attach Notary acknowledgment here. (',~',~' , r Approved: as\. to form by ~-, ,~ ~ ~ ~ ~` George D.,, ' ndb,Eirg1,~, ~C'~~iA torney -2-