HomeMy WebLinkAboutReso 1969-5255RESOLUTION NO, 5255
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, AUTHORIZING THE DEFERRAL OF INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS ON PROPERTY OWNED BY
STARKEY INVESTMENT CO., LOCATED WEST OF 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
in Resolution No, ~ pursuant to the notice set forth
Section 5878.1 of theBStreedtscand Highways eCodegof ntaccordance with
California to require any installation of certain improvementsfon
property owned by Starkey Investment Co., located west of 316 "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 ro-
ceedings, and p
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 descri
hereinabove, bed
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
may be recorded if said deposit is withdrawn priorltohthebinstalde,
tion of said improvements. la-
BE IT FURTHER RESOLVED that
Vista be, and he is hereby authorized
Deferral of Public Improvements, which
Presented by
~" .,
P~' J .~ `.
Lan ' F w ~,..,_
Cole Director o~public
Works
the Mayor of the City of Chula
to sign the Agreement for the
contains said lien,
Approved as to form by
George D, indber~
g, City Attorn
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CEULA 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 he City of L hula Vista
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
and that the same has not been amended
or repealed.
DATED;
City Clerk
CC-652
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5255
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S R f5 >Q BdQK 1969
(JF~F•,pCil4u P,ECORDS
SAN UIEGtJ ~3UNTY, CALIFORNIA G
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R1,SOLLi`.C:[~~ :vrJ. X188
~ ~'ND ACCEP~1'II~; U"I:,:,D i_>"~r
G LIEN
1~I:0'_'I;r„~ ,,
_.. -. ON ST~LD
I'hc City Cotznc=il of the Ci.tl' of Chula Vista does hE:,.~r;y
~''}-I~;~LAS, on ~1'uesduy, the 1"1t-h d_ay of June, 1.969, t?~~e City
Counc_~.1 c_E the Ci..t:y o~ Chula Vista
in Resoi!~j:ion l~ia, 5188, conduct a publicuhearinc~the notice set forte;
SeCti oI~ Jo^78 , 1 of the Streets and Hiohwa -~ Code ~_n~a.ccordance with
Cal:;_j~or;~_~' to reaui_re ary ~ ~^ of ~hc_ Scate of
instal.la"tior_ of certain im-~rovements on
property o:vr_~~d r~r Stagy.-};ey lnvestrn~_rlt Co. ..- , r
Street :i.n the City of Chula Vi y ~ ic.c.atecl west of 316 "I; ••
sE-a, ana
G1HI;t;~~AS, sa_i-ci ro e
installat..i_o.n of sue,; p P rty o',,;~,-r rE:quested a deferral of the
d irzprovement-S and del otion from 1911 Act pro-
C~eC{inC , cir?,~,',
YiiITP i_;h S , '
fr_-on) s,=1i_~; ~ tnE? City Council_ agreed to delete said ro .,
_ l~l _L Act Improvement pro~'eedinc s p p•-rty
tior: of said ir~l>rovel~zents, ~ ~-.nci defer the installa-
P10.~ , TriF;F_'?-~OkE, BE I1^ RESOLV~ ll thu t: the Ci t ,
the City of_ Chz.z1_a Vista does hereb ~ y Counci~ of
irx;t.l=i_t,-I:.i_`,.,, oa cex~ ~; Y ~uthorire the deferral of
tG__n public i m^,-ovc,ments oI: the r th.~
hc~reii~~z~ove• ~ p operty described
BE IT PliR~iiILI; P.ESOi~VrJD
a?_d offer of a 1_ier-~ cn said r,that: said Cour,c ~_1 c?oes iierobv ,;
Prop: e?"ty to s_nsure 1 ~ cepT-.
said improvor-!~nts• 'she co~)!nlotio,
~r ~.,hiYholnes oT.
xs m<<de b t}~e ,_ be
mu r.ecordecl if no 1 1
Y pr_ oY~er ~ ~, Y cash deposit:
n?aY b~ recorded if ~ a_!.cl P ~ Lois xf a cash dc•:~asi.t has peen made
ti_on o,: s .1e OS1'- withdra~='rl prior to the instalJ_a~
aid ~_Irlpx CJ 17 L; :11'.:I~ L V ,
BE I'1' 1'UI:`~~{iL,It RESOLV~,D that the ;~_~`' ;
Vista be, ~.~nd he i.s hErPby ~-~ 01= of the
authorizes ~- ~, C-', ~Y of Chula
Dez:erral. of Public Il~lvrov ~C I `~o s~-~;:~ '-:~' ~~,gx°ee.;:ont for l
einen~_.,, which cont~!~i_;,~ ~-, the
>~id lien,
P:iesented by
Approved a-s to form by
Lane ~ .~ ~ol~, Di.r~ct.c;r o:~ Publi..c
6•~ orlc s
G c or _-------------- ---~
ge D. Li...;c~l;erg, City Aar%orne
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 24th day of June , 1969 by the following vote,
to-wit:
AYES: Councilmen Hatmiltcn, McCorquodale, McAllister, Scott, Sylvester
NAYES: Councilmen Ndrie
ABSENT: Councilmen Nye
(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. 5255
or repealed,
DATED: June 24, 1969
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CC-652
and that the same has not been amended
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City Clerk /'
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in
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AN AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION .~
OF CERTAIN PUBLIC IMPROVEMENTS AND A LIEN SECURING Z~~
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 STARKEY
INVESTMENT CO., Owners of that certain property located at the vacant
lot west of 316 "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, Starkey Investment Co., owners of that certain
property located at the vacant lot west of 316 "K" Street, 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:
167 lineal feet of Type G curb and five foot
wide monolithic sidewalk; and approximately 1,940 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 Gaid improve-
ments be deferred for a period of one year, 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 Starkey Investment Co., located at the vacant lot west of 316
"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 $1,450.00, 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- ~ - ~ ~- j~.5
~a~ 1n5Ld11 yr c~nsLrucL saia improvements py contract -_.
or otherwise, and permission is hereby granted to City ~'1
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
^f 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 Drovided, 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 $1,450.00.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
THE TJY OF CHULA VISTA,,, OWNERS: STARKEY,.INVESTMENT CO.
~l j _ i i /~
aMa~por of he Ci ~ Chula Vista
Ass' ant Secreta y
ATTEST `~ ~' ~~ ~ ,
Attach Notary acknowledgment
here. ~~`.~+ 4J /ti .
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Approved as to form by ~ ti
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George D. indberg, City Atto ``~ ~ ~ `~~
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