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Home My WebLink AboutReso 1969-5186Form Noo 318 Rev. 9-67 RESOLUTION NO~ 5186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DEFERRAL OF-THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY ROBERT LION AND VICTORIA L. STOWELL AND ACCEPTING LIEN ON SAID PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 5th day of May 1969 , the Planning Commission of the City of Chula Vista, in accordance with the provisions of Section 27,28 of the Chula Vista City Code, author- ized a delay in the installation of certain improvements on the property owned by Robert Lion and Victoria L. Stowell, located at 200 Broadway, Chula Vista, California. WHEREAS, said property owner has agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral of the nstalla- tion of certain public improvements on the property described herein- above, in accordance with the recommendations of the Planning Commission. BE TT FURTHER RESO said offer of a lien on said improvements, which lien may the property owner, or, if a 1f said deposit is withdrawn ments . GVED that said Council does hereby accept property to insure the completion of said be recorded if no cash deposit is made by cash deposit has been made, may be recorded prior to the installation of said improve- 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 in Public Rights-of-Way, which contains said lien. Presented by Approved as to form by `Lan F. ~o e, irec o u is orge in erc~, i y Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF Cf~ULA VISTA, CALTFORNIA, this 20th day of May , 19 (,g , by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Sylvester, Hamilton, McCorquodale NAPES: Councilmen None ABSENT: Councilmen None ~Y r f, .... ` ~~ ~ t .'( •- st' y - ~ of the C t ~of C ula Vista ATTEST ~~. ~ ~ y Clerk Z STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~ ss. CITY OF CHULA VISTA I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED Ct~r Clerk Nhen recorded please return to: . '' , r., Kenneth P. Campbell, City Clerk .~. P.O. Box 1087 Fo:.m No ~ 318 Chula Vista, Calif . 92012 Rec. 9-E RF'SOLU'I'IOi~ DiG _ 5~.$6 RESOLUI'Ic7N OF' THE CITY CO;JNCIL Or' THr: CITi~ OF C~iULF VIS.?'A P.U'1'H~~~I?ING THE DiERi?riT_ OF THE 'iivS'~'F~LLATION Or CERTAIN PLIr3L~i:: I:iPROVEi~L~i~;T~' ON I'HE PF.OPF'R1."1 vGGNED BY '~ L . STO'", ~ R0~3]~F~T L~-ON A`~ ~! =v-~ i;T(„:i~_ ~•,L _,J AND i-~~^.CEt~'T? iIG L7_F~N ON SAID PR~~??E?:':l.'Y' The City Council of the City of Chula Vista does hereby resolve as fol. to~•~ s WHEREAS, on the 5th day of b'Iay , 1.9 b9 , the Planning Commission of the City of. Chula Vista, in accordance with the provisions of Section 27,28 of the Chula Vista City Code, author- ized a delay in the installati.oTl of certain improvements on the property owned by Robert L,i_on and Vict-oria L. Stowe]_l, lccated ~ at 2.O~J BroadY:ay, Chula Vista, California, GVHEI2EAS, said property owner has agreed to furnish to the City of Chula Vista a lied on said property, in an amount sufficient to construct said improvements. NOGG;, THEP,EE`ORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral or the ir_stal.la- tion of certain public improvements on tre property described herei_n- above, ir, accordance ~~~i_th the recommendations of the P7_anni.ng Commission. LE IT PURIFIER RESO said. offer of a lien on said improvements, which lien m.ay the property owner, or, if a if said deposit ~s withdrawn ments. C,VED that said Council does hereby accept property to insure the compieri_cn of said. be recorded if no cash deposit is made by cash deposit has been made, ma.y be recorded prior to the installation of said improve.- FiE TT FURTF-lFR. Rr,SOT_~,'ED that th.~ Mav~?r of the City of. Cnu'_..a Vista be, and he is i~ereby authorized to sign tl?e Contract for Improve- ment in Public Rigr.-cs-or--Pay, which contains said .I.i en, Presented by Approved as to form by Lane r'.- Cole, Director o Pu~'lic ~eorgeC. i~in'~- cF~:rep, pity ti~~c~rie~.i 4v'orks ADOPTED AND APPROVED by the CITY COUNCIL of the CI'T'Y OF CHL'LA VISTA, CALIrURLaIA, tF~is 20th day of ~ May , 1° 69_, by the following veto; to--wit: ____ AYES : Count i 1_men~ McAllister, SCatt, Sylvisster~ ~Lmiiton, McCo. ~u+d~al~D_ NAYES: Councilmen Nona ABSENT: Counci.l.men Wong AT'1EST (s) Kenneth Campbell _ ^~Ci ty Clerk STATE OF CALIF'ORi~IA CO[~!~l'?'Y 0~" SAN DIEGO ss. CI`±^Y-~O1 CH_ULFa, ;'l~'_L'F: 3 ~. , `(s~__ Daniel A. McCorquodale __ Mayor of the ~ity of Chula V1sLa !' ': I •. - ` Kenneth Campbell ___, City Cl.cr~ of the. C:~t_ZT ct: C~'iul_~ Vies ta, ~ (;al.ii^:cr_ ~i`ia, D~J :iEF'.~,BY Cr Ri'IFY t}?at the abo ~~e is a fiui J_, t:rua and ~corxec~•"copy pf Resolut_on No. 5186 __, anti that the sane has not been ~~nendect ,p~. r~peale~ . DJ~TED- ~. _~__ ____Ma_y__20~_1969 ______~~_~_ .~._~__~_ _ Cz~t~y CleY ~~?~~~ CONTRACT FOR IMPROVEMENT IN PUBLIC RIGHTS OF WAY THIS AGREEMENT, entered into by and between the City of Chula Vista, a municipal corporation of the State of California, sometimes hereinafter referred to as the "City", and Robert Lion and Victoria L. Stowell, sometimes hereinafter referred to as the "Property Owner"; WHEREAS, the Property Owner has applied to the Planning Commission of the City of Chula Vista for an exemption to the provisions of Ordinance No. 543, as amended, which ordinance provides, generally, for the installation of certain street improvements upon any dedicated street or streets adjacent to the lot or parcel upon which a certain structure or building is to be in- stalled or erected or moved upon, and WHEREAS, said ordinance provides that if the Planning Commission, in their discre*_ion, feels that in the event that said installation of certain public improvements would cause a defective condition to the property, or i*_ would be extremely impractical to instal] er construct the same, then the Planning Commission, in their discretion, upon finding tha*_ the grounds for said exceptions from the requirements in the ordinance are reasonable and should be granted, the Planning Commission may grant said exemption to said persons from the provisions of this ordinance, and said exemption may be limi*_ed to a specified period of time, and WHEREAS, the Planning Commission, on May 5 19 69 , did grant said application on the conditions set forth hereinafter and did find that the grounds for the application for the exemption from the pro- visions of Ordinance No. 543 were reasonable anal were in conformance to the - requirements of Ordinance No. 543 for said exemption. NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the Property Owner, in lieu of ma!~ing the improvements speci- fied herein, prior to the final inspection of completion or the giving of any completion certificate, agrees, covenants and promises. that he will install, construct or cause to be installed or cohstructed the improvements hereinafter set forth, ~ starting on July 1, 1969. _ 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 ar,d covenants herein contained, the Property Owner hereby grants to the Ci*.y of Chula Vista a lien upon the property herein described, and in the event the property owner, his successors, heirs, assigns or transferrees, fails to install or construct said improvemen*.s in the manner and within the time specified here- in, he agrees that the City may do any or all of the following: PW-E-10 ~Pa9e 1) 5/ ~C~ a. Install or construct said improvements by contract or otherwise, and grants permission to the City or its contractor and his empluyees to enter upon any portion or portions of the property reasonably 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 said Property Owner, his 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 foreclose said lien, as .provided by law for the foreclosure of mortgages, and the property owner agrees that the amount of said lien includes attorneys' fees, which shall be taxed as a cost in any suit for such foreclosure. b. Direct the City Engineer to estimate the cost of the work re- quired to complete said improvement, 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 the Property Owner, his heirs and assigns, shall pay reasonable attorneys' fees to be taxed as a cost in said proceedings. 3. That it is agreed that anything contained herein to the contrary, notwithstanding the promises and covenants made herein, shall not be binding upon the holders, mortgageees, beneficiaries of first mortgages or first trust deeds, for value which has been, or may in the future be, executed by the Property Owner, his heirs, successors, representatives or assigns, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such first mortgage or first trust deed, The lien hereby 'created shall likewise be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result of a fore- closure or trustee's sale of any first mortgage or first trust deed. 4. That at any time during the period herein provided, the Property Owner, his heirs, assigns or transferrees, may make a cash deposit with the City in the amount estimated by the City Engineer to cover the total cost of the improvements: If said cash deposit is mode 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. - 2 - PW-E-10 (Pa 9e 2) ' ,~/ ~~ 5. The description of the property referred to and upon which said lien is imposed, is described as follows: The Westerly 300 feet of the Easterly 360 feet of the Southerly 290 feet of the Northerly 330 feet of the Northeast Quarter of Quarter Section 162, Rancho de la Nacion, according to Map No. 166 filed in the office of the County Recorder, County of San Diego, State of California. 6. Said improvements required are as follows: Curb and gutter, sidewalk, driveways and 8 foot width paving. 7. Cost of installation of said improvements and amount of .lien: $2 200.00_ ~~~~f ~~; Ro ert Lion /J Z .,- ~' Property Owr,er Victoria L. Stowell WE CONSENT TO and join in all the promises herein contained and agree to said lien imposed. f Transferrees of portion of said property STATE OF CALIFORNIA ) SS COUNTY OF SAN OIEGO On this ~_ day of ~% _, lg~, before me, the undersigned, a Notary Public in and for said C6unty and State, personally appeared -3- PW-E-3 (page 3) known to me to be the persons` whose name S ~% r~ subscribed to the within instrument and acknowledged that ~/~-y executed the same. -~ WITNESS my hand and offical seal. DUANE M. HUGHES _ ~' NOTARY PUBLIC • CALIFORNIA / ~-'//~~ „J > PRINCIPAL OFFICE IN - ~ ~'_" .Notary Public. in and f said County t __- ~ulE6o~~ .and State DUANE M. HUGHES My Commission Expires Jan. 23, 19)0 WITNESS our hands and seals this 20th day of Maw ,19 69 l t `^', ^ r+ , ~ ; J %.'/J ~ J ~ t . ' /~ ''ATTEST: ;, ;r ~, '.. ~ f , t , ~ e~. w • "~ . ~ 7 C C 1 ~.r k CITY OF CHULA VISTA, a municipal corporation of the State of California BY ayor STATE OF CALIFORNIA) SS COUNTY OF SAN DIEGO ) On this 20th day of May 19 69 _,,before me, the undersigned, a Notary Public ih and for said County and State, personally appeared Daniel A ~.McCorquodale known to me to be the Mayor, and Kenneth Campbell known to me to be the City Clerk of the City of Chula Vista, the municipal corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the within instrument. WITNESS my hand and official seal. _~ Notary Pu ~c in and for said County and ;~~~~ OFFICIAL SEAL State ;, =-~j-~ I'narjcrie 5. Townsend ~La `i ~y N07ARY PUBLIC - CP,LIFGRNIA ~a,?, .777/ PRINCIPAL GFFICE IN p+IY Cyr' missfnn agp'I DIEGO CGUNTY Expires JWy 25, 1972 276 Guava Rve.; Ghula Vista, Calif. 92010 PW-E-10 (page 4) ~~.JZ~JJ ~ ~iA.91k~ FfT UEST/O~F' ~~~?-%~ Y 2 31969 G ~ u P----•--~- --..-. ~l:it#ES 1dF 640K 1969 lu~avf IEECDRDS ~`W1~ HfE~'0 tD.~UN7Y, CALIFORNIA ~. ~. CRA;f,, IC(3i4'fWTY RECDRDER ~® ~E~ ,~ , s~~~ r