HomeMy WebLinkAboutReso 1969-5138. `.
RESOLUTION NO. 5138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, ACCEPTING LIEN ON PROPERTY OWNED BY ANDREW
AND ALICE HENRY, HUSBAND AND WIFE: ROBERT AND
KATHLEEN LASSWELL, HUSBAND AND WIFE, AND JOHN AND
TERRY KINGSTON, HUSBAND AND WIFE, LOCATED AT 535
"H" STREET IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
'resolve as follows:
WHEREAS, the City Council of the City of Chula Vista, pursuant
to the recommendation of a zone change on the properties located along
the north side of "H" Street between Fifth Avenue and Smith Avenue,
adopted said change incorporating the property into the Commercial
Zone, as shown on Ordinance No. 1149, adopted the 29th day of October,
1968, and
WHEREAS, one of the conditions of said ordinance was a
requirement that the alley to the rear of said properties be improved
in accordance with the requirements of the Director of Public Works,
and
WHEREAS, the property owners of one of the properties
thus rezoned subject to that condition, located at 535 "H" Street
have agreed to furnish to the City a lien on theirproperty in an
amount sufficient to construct said improvements at such time as
the full alley improvements are constructed along the full length
of the alley,
NOW, THEREFORE, BE IT RESOLVED by the City City Council of the
City of Chula Vista that said City hereby accepts said offer of a
lien by said property owners, and that said lien may be recorded if
no cash deposit is made by the property owners, 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has been made, may be recorded if said deposit is withdrawn prior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 Contract for Improve-
ment of Alley, which contains said lien,
Presen~~d by .,
~'//~
~ ~.~~
Lane F. Cole, Director of Public
Works
Approved as to form by
George D, ndberg, City Attorney
ADO?TrTt AT'D APPROVED by the CIT~' COUT'CIL of the CITY OF CT'LiLA. T'I~TA
CAI_IFORP"IA, this 22 da.v of
to-r:~i t
April
y l0 69 a ~..~ the follo~.,iri~ voce-,.
A~_'r`": Councilmen Sylvester, Hamilton, McCorquodale, McAllister, Scott
:?'AYE-:S: Council*~:en None
~a'.c:'"T: Counci lnen
None
f -~
-~_ Ci tv Cler?~ `~
TATP O? CALI FORP IA )
COU'_::'i"_' CF SA;' DIrGO ) ss.
CITY :?F CHULA VISTA )
T, ~'ET?I'ET'? °. CA?°`_PBFLL, City Clerk of t?:e City of Chula "Jista, CaliL-~rr.i.~,
hO '_'EFEI".' CF)?TIFY that the above and foregoing is a full, true and correct co~--i~i
Resolution 513$
or r=n~aled.
r,T~T,: April 22 1969
and that the same has not bee- a:-~nded
City Cler.~ ~~
CC-552
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RESOLUTION N0. 5138
VISTA, ACCEPTING LIEN ON PROPERTY GWivED BY ANDP.EW
AND AL1:CE HENRY, HUSBAND A~1D WIFE: R03ERT AND
KATHLEEN L?~,SS;~IELL, HUSBAND AND N1IFE, AND JOHN ACID
TERRY KINGSTON, HUSBAND AND WIFE, LOCATED AT 535
"H" STREET IN THE CITY OF CHULA VISTA
~~*~3
;~FrQ~1A1L~ Ai' UEST OF
y Q
P ~ 2 ~ 1969 ~
y
AT.... .. ~'~ES` PAST.--•--
~~ ~6 BOOK 195~~
CIfiF~,kft RECORDS
~'~ t~tE~ ~11NTY. CALIFORNIA ~~
~ S. GRA%/. f11~fiVTY RFCDRDE2 ^
~tESOhUTION OF ~i~HE CITY COUNCIL OF THE CITY OF CHULA
The City Council of the City of Chula Vista does hereby
'resolve a~ follows:
WHEREAS, the City Council. of tY~e City of Chula Vista, pursuant
to the recommendation of a zone change on the prcperties located along
the north side of "H" Street between Fiftil Avenue and Smith Avenue,
adopted said. change incorporating the property into the Commercial
Zone, as shoc~-n on Ordinance No. 1149, adopted the 29th day of October,
1968, and
WHEREAS, one of the conditions of said ordinance was a
requirement that the alley to the rear of said properties be improved
in accordance with the requirements of the Director of Public Works,
and
WHEREAS, the property owners of one of the properties
thus rezoned subject to that condition, located at 535 "H" Street
have agreed to furnish to the City a lien or_ theiri~roperty in an
amount sufficient to construct said improvements at such tune as
the full alley improvements are constructed along the full length
of the alley. -~
NOTr?, ~~'HERE~O~TI, BE IT RESOLVF'D b~~ thg rj•ty City Cpun,^.i ?_ cr t ie
City of Chula Vista that said City hereby accepts said offer of a
lien by said property o~wne~s, and that said lien may be recorded if
no cash deposit is made by the property owners, 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 P.ESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized to sign the Contract for Improve-
ment of A112y, which contains said lien.
Presented by
(s) Lane F Cole
Lane F. Cole, Director of Public -
Works
Approved as to form by
(s) George D Lindberg
George D. Lir_dberg, City Attorney
S l ~ 8~
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y~~
ADC??T?~'D A""D APpR(~Vr~D by the CITY COLT~'CIL of the CITv (`?' C'_'LTLA ~'i~TA
CALTFOR"IA, this 22 day of April
. ~ lp 69, by the follo~rin~ ~~ot~~.
to-C•7i t ;
A''r'~: Councilmen. Sylvester, Hamilton, McCorquodale, McAllister, Scott
AY= ~ : Councilmen None
A' ~:,:'T: Counci lnen None
(s) Daniel A McCorquodale
~~ayor of the City of C'_-:ul~~ ~T;~'ta
~'.TT_,`?T (s) Kenneth P Campbell
Ci tv Cler?~
TATS ~~ CALI FORPIIA )
CC`~i1_'i`_' 1F SA' P.IrGCI ) ss .
CITE' ,'?F CHULA VISTA )
i, ?'FT?P'ET''- ''. CA,~'pBFLL, City Clerk of the City of Chula Jista, Cali~crr~~a,
T`r '-'F-F-'~" CL'pTT_FY that the above and foregoing is a full, true and correcr_ cow-; of
Resolution 5138 and that the same has not bee^ a_-:eHd:~d
or r=Healed.
~~t,T~T~: April 22 1969
~.
..- City C1e :~
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CC-~52
- ~~v
COD?TpACT FOR ?MPOe'EMENT OF ALLEY AND
IMPOSITION OF LIEN UPON SUBJECT PROPERTY
THIS AGREEMENT, made and entered into this 22nd day of
' Agril , 1969, by and between the CITY OF CEULA VISTA, a
municipal corporation, hereinafter called "City"; and AP7DREW and
ALICE HENRY, husband and wife; ROBERT and KATHLEEN LASSWELL, husband
and wife, and JOHN and TERRY KINGSTON, husband and wife, owners of
property at 535 "H" Street, hereinafter called "Property Owners";
W I T N E S S E T H
WHEREAS, Property Owners secured rezoning of certain property
located along the North side of "H" Street, between Fifth Avenue and
Smith P.venue in the City of Chula Vista, and the City Council of the
City of Chula Vista, in adopting the ordinance establishing said
property in the Com*ner.cial Zone, also required as a condition of said
zoning that permanent improvements be installed in the alley adjacent
to said properties, and
WHEREAS, the conditions of said Ordinance No. 1149, adopted
by the City Council on the 29th day of October, 1968, may be satisfied
and the zoning may become effective either upon the completion of said
permanent improvements in accordance with the requirements of the
Director of Public LVorks, or provision by the property owners of a
lien agreement securing the instal]_ation of said permanent improvements
at such time as the full improvements of the alley are accomplished
in the future.
NOW, THEREFORE, IT IS MUTUALLY AGREED b_v and between the
parties hereto as follows: ~~.
1. Thn.t Property Corner: , ~.._ 1i mil ~;' Ii?an iil~ ~.Y:C iiilprOVc:iT'icP.tS
-specified herein prior to the effective date of the rezoning set forth
in Ordinance No. 1149, adopted by the City Council on the 29th day of
October, 1969, certify, agree, covenant and promise that they will in-
stall, construct or cause to be installed or constructed, the improve-
ments hereinafter set forth, wit.hir. thirty (30) days of written notice
to construct said improvements,frcm the Director of Public Works. Said
improvements shall be made without cost or expense to the City except
as may be consented to by the City.
2. That for the faithful performance of the promises and
covenants rerein contained, Property Owners hereby grant to the City
of Chula Vista a lien upon the property herein described, and in the
event the Property Owners, their successors, heirs, assigns or trans-
ferees, 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 emp]_ovees to eider upon any
portion or portions of said nrnnPr±1; reasonably .,ecessary
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 transferees,
immediately upon combletior_ of said. improvements, and in
the event the same is not paid within thirty (30) days
from said completion, City may foreclose said lien, as
provided by law for the foreclosure cf martgaaes, and
Property Corners agree that the amount of said lien shall
include reasonable attorney's fees, which shall be taxed
as a cost in dry suit or forecl_csu.re:
L
5 / ~~
(b j Direct the Director of >='ublic V?orks to estimate
the cost of the work required to complete said improvements
and foreclose 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 of a lien, and Property O~frners, their
heirs and assigns, shall_ pay reasor.abie attorney's fees to
be taxed as a cost in said proceed~.ngs.
3. At ar..y time during the period herein provided, Property
Owners, their heirs, assign: or transferees, nay make a cash deposit
with City in the amount estimated by the Director cf Public Works to
cover the total cost of the improvements. If said cash deposit is made
prior to the recording of this contract, then said contract 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 contract shall be recorded.
If this contract has been recorded and then said cash deposit is made,
the City may release said lien of record and hold this contract or any
new contract unrecorded as long as 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 $1,000.00, said estimate
being the amount stipulated by the Director of Public 6Vorks. Said work
consists of the installation of paving in the alley behind the property
located at 535 "H" Street in the City of Chula Vista, in accordance
with the requirements of the Director of Public P7orks as set forth in
the standard plans and specifications therefor adopted by the City
Council of the City of Chula Vista as presentJ_y existent cr as same
may be amer_ded.
iii `vv'IT" ~E~~ WnEiiEVh , the parties hereto have C:aiiSed t h1S
agreement to be executed tree day and year first hereinabcve set forth.
THE CITY OF CHL;Li-~ VIST
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ATTEST_
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PROPERTY OWNERS:
ista Andrew Henry C~
Attach TZotary Acknc;vledger:ent here.
Approved as to form by
~,
George D. Lindberg, City Attorney
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Jo~ gs t
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Terry K ngsto