HomeMy WebLinkAboutReso 1969-5254RESOLUTION NO. 5254
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON PROPERTY OWNED BY
JOHN S. AND CAROLE MARQUEZ, LOCATED AT 310 "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 Tuesc'~ay, the 17th day of June, 1969, the City
Council of the City of Chula Vista, pursuant to the notice Get forth
ire Resolutior. No. 5188, conduct a public hearing in accordance with
Section 5878.1 of the StreFts and Highways Code of the State of
California to reGUire any installation of certain improvements on
property owned. by John S. and Carole Marquez, located at .i10 "K"
Street 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 inst~il7.a-
tion of said improvements.
NOW, 'iF~LR.E;FORE, 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may be recorded if said deposit is withdrawn prior to the installa-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
La e F. ole, Director""t~f Public
Works
Approved as to form by
-~~~~i~
George D. indberg, City Attorne
.~, ,--
ADOPTED Al?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, McCorguodale, McAllister, Scott, Sylvester
NAYES: Councilmen None
ABSENT: Councilmen _ None ~~.•.
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yor of the City of.~ ula Vista
ATTEST ~~,~~-'~ --~ ~_~_.~ G~ Ct ct.t~~L,(`. /,
- City Clerk
STATE OF CALIFORNIA )
COUNTY OF SArd 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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16~~en recorded phase return to:
Kenneth P. Campbell, City Clerk
P.O. Box 1087
C~.zula Vita, Calif,
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SEft3~ 1~ BOOK 196
AFfi~i4fL RECORDS
~I DI£~(?Q ~>:14UNTY, CALIFORNIA
A. $. CRAB, ~~K R~CORDFX~Q
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 24th day of
to-wit:
June
19 69 by the following vote,
AYES: Councilmen NsmiltOn. MCCOTquod~tle. McAllister. Scott. Sylvester
NAYES: Councilmen Notla
ABSEPdT: Councilmen Node
~s) Daniel A. McCorquodale
Mayor of the City of Chula Vista
ATTEST (s) Kenneth Campbell
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAPd 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. 5254 and that the same has not been amended
or repealed.
DATED: June 24, 1969
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_., City Cle
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CC-652
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AN AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION '~',r~
OF CERTAIN PUBLIC IMPROVEMENTS AND A LIEN SECURING
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 JOHN S.
and CAROLS MARQUEZ, Owners of that certain property located at 310
"K" Street, 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, John S. and Carole Marquez, owners of that certain
property located at 310 "K" Street, in the City of Chula Vista,
were among those property owners notified of said Bearing and informed
of the duty to construct certain public improvements on said property,
as follows:
90 lineal feet of Type G curb and five foot
wide monolithic sidewalk; and approximately 990 sq.
ft. of asphaltic concrete shoulder paving over
aggregate base, plus necessary driveways
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 one vear, and further agreed to
execute an agreement and lien guaranteeing the installation of said
improvements on or before June 17, 1970.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
~' 1. In consideration of deleting the property belonging
to John S, and Carole Marquez, located at 310 "K" Street, 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 June, 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 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:
-1-
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...... -..... ., .... ...~..... .....~ .,.,,.~ ......, ~~..... ~...~ ..t..~vY cc~ ~.v cii ~.ci
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 re-
lease 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.
TH ITY,OF CHULA VISTA OWN S:
/f
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~ ~~ ~ ~ _ ~~
/ ~ ;ice
Ma or of the City C ula Vista n S, Marquez
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ATTEST `-~/~~ ~_,~-~.-~ ~.- ;- l./
- - _ <•t _ _
C'ty Clerk Carole Marquez
attach Notary. acknowledgment
Pere . , , ~. t! ,
S~. ~ ~ .. % ~ ,;, r
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.ppr,~q~~d as',.'~ t~o `f ohm by
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~eor '•,D i~i~d erg,~~ City Attorn
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~`n`~ti s`i ~`ai`o iiiii ~`~` '~ •i`r`R`1"wti`yti'~~i
} CARQL A. P,ICHMQf~O ;s
~~ NOTARY PUBLIC `y;
f ~ Principal Office, San uu^iega Co. Oapj.
r My Commission Expires January 6, 1573 q
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