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HomeMy WebLinkAboutReso 1969-5195RESOLUTION NO. 5195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING LIEN ON PROPERTY OWNED BY BETTYE L. PETERS, A MARRIED WOMAN AS HER SOLE PROPERTY,LOCATED AT 286 MADRONA AVENUE 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 the Planning Commission in regard to a zone change on certain property located at 286 Madrona Avenue., approved said rezoning from C-1 to R-3 as shown in Ordinance No. 1183, adopted the 8th day of April, 1969, and WHEREAS, one of the conditions of said ordinance was that the zoning would not become effective until the property owner, his heirs, successors or assigns shall have executed an agreement, approved by the City Council of the City of Chula Vista within three months of the effective date of this ordinance, providing for the installation of drainage facilities and alley improvements contiguous to said prop- erty as required by the Director of Public Works/City Engineer, and WHEREAS, the property owner of subject property have agreed to furnish to the City a lien on the property in an amount sufficient to construct said improvements at such time as the full alley and drainage improvements are constructed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said City hereby accepts said offer of a lien by said property owner, and that said 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no cash deposit is made by the property owner, or, if a cash deposit has been made, may be recorded if said deposit is withdrawn prior to the installation of said improvements.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 Improvement of Alley, which contains said lien. Present~;d by ~ _, / ~ j,, ~~~7 ` ,, ~~ ~ t-~°'~ ~ ~ - - ~ Lane F. Cole, Director ublic Works Approved as to form by .~ ~ s . KKK... ~ f ~. George D,.~ indberg, City Attorrl~ ~. F ; ~ ',/ ;' _ ADC?~TrI' A~'D APPP(~Vi?:D by the CITY COLTT'CIL of the CIT`~ ~F C?'ULA ~'~ `~I'A CAL?FOF~-IA, this _ 27th _ day of May = 1°69 ~~~ the iollo~:~~n4~ ,~o~-~, t0-"Jit: A?r"': Councilr;er: McAllister, Scott, Sylvester, Hamilton :"AY':S ~ Councilr:en None gar ~ ,_,'T : Coup ci lnen McCorquodale / ~ ~i Mayor/ of the City of C':ul ~`~, to pro tem .~ ... ~ -° __. City Cler?~ TATS. C~_? CALI FCRP IA ) C(`J;I' ~~`F SA1' P.IFG(1 ) ss . CITY OF CHULA VISTA ) I, '?1`?I'ET?. °. CAi''`.PBFLL, City Clerk of the City of Chula Jista, C~l~_ o, __.~ h0 '',FFt'' Ch.RTTFY that the above and foregoing is a full, true and correc_ con-., ~:~ ar_d that the same has r_ot be.,~ a- °^d~d or r~n~aled. .~ ~AT~: I • - -- --- _- City Cler:. cc-652 When recorded please return to: ~enrieth P. CampLell, City Clerk P.Q. Box 1087 Chula Vista, Calif. 92012 RESOLU`i'ICP. NQ. F:T;.~ MNA...._._.___.. ..~... ~iQ AFl' R,~,i:QtN~ST OF ~' ~ ~ +' A°~ G- l)~ 9 ~ 1969 ~ AK? ~ .;NPi4~lT~S` PAST.--------. SfR~~a ~' BQOK 1Q69 5195 of}rc.,xt RFCO~os ----- ~N WIEOD !rti1UNTY, CALIFORNIA `~ A. S. OFn~7r. r,4t,i~JT~Y R~CORDE,4~f RES;)LUZ'ION 0't' THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING LIEN ON PROPERTY O~~~NED BY BETTYE L. PETERS, A MARP.IED :^iOMAN AS HER SOLE PR.OPERi'Y,LOCATED AT 286 MADRONA AV~NL'E IN THE CITY OF C1/:ULA VIS`T'A The City Council of t'r.e City of Chula Vista does ,hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista ptrsuant tc the recommendation of the Planning Commissic!n in regard to a zone change on certain property located at 286 Madrona Avenue-, approved said rezorlir_g from C-l tc R-3 as shovan in Ordinance No. 1183, adopted the 8th day of Aprii, 1969, and WHEREAS, one of the conditions of said ordinance was that the zoning would not become effecti~Te until the property owner, his heirs, successors or assigns shall have executed are agreement, approved bj~ the City Council of the City of Chula. Vista within three morLths of the effective date of this ordinance, providing for the installation of drainage facilities and alley improve~:~ents contiguous to said prop- erty as rer,uir.ed by the Director of_ Public Tr7orks/City Engineer, and WHE?2EAS, the property ovrner of subject property have agreed to f_urr.ish to the City a lien oIi the property in an amount sufficient tc~ construct said improvements at such time as the full alley and drainage imprcven~ents are constructed. DIOW, THEREFOP.E, BE IT RESOLVr~D by the City Council of the City of C:~ula Vista that said City hereby accepts said offer of a lien by said property owner, and that said lie r. may be recorded if no cash deposit i.s made by the property owner, or, if a cash deposit has been made, ma_v be recorded if said deposit is withdrawn prior to the installation of said improvements. RL ym ~'iiDm*-L`p R~ i~ ~ .~- mot.. ~R r ~• ., n ~ Vista ~.,~r.~_. SC ~; D thu._ `„e ~•layor. o~ one ~.ity of ..,hula ~be, and he is hereby authorized to sign the Contract for Improvement of Alley, which con+~ains said lien. , Presented by Lane F. Cole, Director of Public Works Approved as to form by GeoYge D. Lindberg, City Attorney ADO~T?'I' A"'D PPPRC!VFD by the CIT~' COLT~?CI_L of the CITv ~?' C'_'t"LA t!~~~I'E=, CALIFORi-IA, this day of Ms-31 s 1Q-(~C} ' ~T? tale f011C',.~1,.~4, ~~7~~`. t0-C.vit: AC'T'": Councilmen. McAllister. Scott, Sylvester, Hamilton 'AY'_:S: Councilmen N~ ~a' ~;, 'T: Counci linen ~ MCCotQt30(~b18 (s) Thomas D. Hamilton __ _ i~~ayor~ of tre City oz C'_,uL•^ '~l, ~;ta pro tin ~'.TT-=,'?T ~s) Kenneth Campbell Ci tv Cler~~. ~TAT~ C`.? CALIF~RP?IA ) CITY CF CHULA JI~TA ) i, "F~1`?I:E'T'? P. CA?~'PBFLL, City Clerk of the City of Chula Arista, CsL-~fo _~ia, Pn ??ru~gy Cr.??TT_FY that the above and foregoir_tr is a full, true and corr~cr co-~-~ of Resolution No. 5195 and that the same has not be~,~^ a_-:~>-~dcd or r=n~aled. AT~r~; May 27, 1969 CC-~~52 ~/ s -` Cite Cler:~ f~r~ ~~"/ 9~~ CONTRACT ~'OR ALLEY AIv'D DP.AIIdAGE IMPROVEMENTS AND IMPOSITION OF LIEN UPON SUBJECT PROPERTY THIS AGREEMEPdT, made ar_d entered into this 27th day of rs~y 1969, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City";and BETTYE L. PETERS, a married woman, the sole owner of property located at 286 Madrona Avenue in the City of Chula Vista, hereinafter called "Property Owner"; W I T N E S S E T H WHEREAS, property owner secured rezoning of that certain property located at 285 Madrona Avenue in the City of Chula Vista and the City Council of the City of Chula Vista in adopting the ordinance rezoning. said property from C-1 to R-3 also reauired that said zoning did not become effective until property owner, his heirs, successors or assigns shall have executed an agreement, approved by the City Council of the City of Chula Vista within three months of the effective date of this ordinance, providing for the installation of drainage facilities and alley improvements contiguous to said property as required by the Director of Public [~7orksjCity Engineer, and- 4r'HEREAS, pursuant to the conditions of said Ordinance No. 1183 adopted by the City Council on the 8t;`~ day of April, 1969, may be satisfied and the zoning may become effective by the executior. by property owner of a lien agreement securing the installation of said permanent alley and drainage improvements at sucri time as the full improvements of the alley and drainage. are accomplished in the fu=pure.. NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties hereto as follows: 1. That property owner in lieu of making the improvements specified herein, certify, agree, covenant and promise that they will •install, construct or cause to be installed or constructed certain alley improvements and a• closed drainage facility as hereinafter set forth within thirty (30) days of written notice to construct said improvements from 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 herein contained, property owner hereby grants to the City of Chula Vista a lier_ upon the property hereir. described, and in the event the property owner, his successors, heirs, assigns or_ trans- ferees, fail to install or construct said improvements in the manner and within the time specified herein, he agrees t',^,at Cit_y may do any or all of the following: (a) Insta'_1 or construct said improvements by contract 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 reasonably necessary -1- ,P s~~s for said construction, arid. the entire cost and expense of said improvements shall be charged against said property ar_d said. cost and expense small be payable by property owner, his successors, heirs, assigns or transferees, immediately upon completior_ of said improvements, and in the event the same is-not paid within thirty (30) days from said completior., City may foreclose said lien, as provided by law for the foreclosure of mortgages, and property owner agrees that. the amount of said lien shall include reasonable attorney's fees, which shall be taxed as a cost in any suit or foreclosure. ~' (b) Direct the Director of Public Works to estimate the cost of the ~,~ork required to complete said improvements and foreclose said 1?_en 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 owner, his heirs and assigns, shall pay reasonable attorney's fees to be taxed as a most iTl said proceedings. 3. At any tune during the period herein provided, property owner, his heirs, assigns or transferees, may make a cash deposit with City in the amount estirnateci 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 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 ~r7orks. Said work consists of the installation of paving in the alley behind the property located at 286 Madrona Avenue in the City of Chul-a Vista and a closed drainage facility in accordance with the requirements of the Director of Public Works as set forth in the standard plans and specifications therefor adopted by the City Council of the City of Chula Vista as presently existent or as same may be a.~nended. IN WITNESS WHEREOF, the parties 'r.ereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CIT-y OF CHLILA VIST Mayor of the City of Chula Vista ~~o z~ m r ATTEST `/, ~ r, ,c~c-cra- ~`~-~ _i y Clerk Approved as to fin by (/ 1 / George D. •indberg, City At+.orne- ~ -2- PROPERTY OWNER BETTYE L. PETERS Attach Tvotary Acknowledgement here. ._ sr~-.~--i~~~ ~~~ CONTRACT FOR ALLEY AND DRAINAGE IMPROVEMENTS AND IMPOSITION OF LIEN UPUN SUBJECT PROPERTY THIS AGREEMENT, made and entered into this 27th day of May , 1969, by and between the CITY OF CHULA VISTA, ` a municipal corporation, hereinafter called "City"; and BETTYE L. PETERS, a married woman, the sole owner of property located at 286 Madrona Avenue in the City of Chula Vista, hereinafter called "Property Owner"; W I T N E S S E T H WHEREAS, property owner secured rezoning of that certain property located at 286 Madrona Avenue in the City of Chula Vista and the City Council of the City of Chula Vista in adopting the ordinance rezoning said property from C-1 to R-3 also required that said zoning did not become effective until property owner, his heirs, successors or assigns shall have executed an agreement, approved by the City Council of the City of Chula Vista within three months of the effective date of this ordinance, providing for the installation of drainage facilities and alley improvements contiguous to said property as required by the Director of Public Works/City Engineer, and- WHEREAS, pursuant to the conditions of said Ordinance No. 1183 adopted by the City Council on the 8th day of April, 1969, may be satisfied and the zoning may become effective by the execution by property owner of a lien agreement securing the installation of said permanent alley and drainage improvements at such time as the full improvements of the alley and drainage are accomplished in the future. NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties hereto as follows: 1. That property owner in lieu of making the improvements specified herein, certify, agree, covenant and promise that they will install, construct or cause to be installed or constructed certain alley improvements and a closed drainage facility as hereinafter set forth within thirty (30) days of written notice to construct said improvements from 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 herein contained, property owner hereby grants to the City of Chula Vista a lien upon the property herein described, and in the event the property owner, his successors, heirs, assigns or trans- ferees, fail to install or construct said improvements in the manner and within the time specified herein, he agrees 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 employees to enter upon any portion or portions of said property reasonably necessary -1- ,~-/ O ~= /~ -~ ~ ~-~ 3'~~ 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 owner, his successors, heirs, assigns or transferees, immediately upon completion 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 of mortgages, and property owner agrees that the amount of said lien shall include reasonable attorney's fees, which shall be taxed as a cost in any suit or foreclosure. (b) Direct the Director of Public Works 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 owner, his heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 3. At any time during the period herein provided, property owner, his heirs, assigns or transferees, may make a cash deposit with 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 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 Works. Said work consists of the installation of paving in the alley behind the property located at 286 Madrona Avenue in the City of Chula Vista and a closed drainage facility in accordance with the requirements of the Director of Public Works as set forth in the standard plans and specifications therefor adopted by the City Council of the City of Chula Vista as presently existent or as same may be amended. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. TH~~'i'Y HULA VISTA ~ sza INDIVIDUAL ACKNOWLEDGMENT ,f -~ , STATE OF CALIFORNIA ~ ~~~`%` ~~~~a`'~ t„r~,.~. "~ '~~ ~~ COUNTY OF ss. Mayor of the City of Chula Vista Pro t em San Diego----------- ----- - ----- -- - / f - -/ /,' ~'~ %'~ ~ on- Mai' 8'--1969 ...... - ATTEST `~~_ .` .~ c .' _r .i GCCL 1 .. G .. ..-.-. -~ before me, the undersigned, a Notary Public in and for said Coun+y ',r 'C'i'ty .Clerk •. _ .r ;~ and State personally appeared---°---------------°--•--•---------------------------- .. .. - " ~ - . '~ ----- _BettY--~- - L ~- ---Paters----------- ---- - ~ -- ....----- " i . , , ," _ ., ;: , - - Approved a's' to form by _ _ _ _ - .. _ ~ ~Q } ~-~~ known to me to be t on(s,,~ridie~ (s) is/aw subscribed J ( ~ j to the within i n~~and}+eckn~ ~~ f me That dw/she/ibrsq /~[ YM1~~!' ~~-'. -r~ 4~' • ~. ~{`~t~~~ execute am~gvGk"~ ~G • ~ ~C>, ~ ~~"7~) George ~;~' Lindberg, City Atto_ r ~ : -~°E55 my ~ao~~Rt(n~~PPicip~CS~UN,~,I EU E' A. AHERN ' ~~ ~ e`~` \r'' P SAP O~E~~ C~ ry P.:51ic - California ,~ _ ('~' -mac al Office in San Diego-.County ~- l ~_ r % N (`y~Q3l~5lon Expires Nov. 24, 1971 2 ~ u,~°°~~, I 1.