HomeMy WebLinkAboutAgenda Statement 1985/04/02 Item 12 COUNCIL AGENDA STATEMENT
Item 12
Meeting Date 4/2/85
ITEM TITLE: Resolution ///975--Calling _up deferrals for public
improvements along Las Flores Drive and "D" Street in the City
of Chula Vista, California
SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Manager j to (4/5ths Vote: Yes No x )
Over the past 14 years, the City has granted several deferrals for the
construction of public improvements along Las Flores Drive and along "D"
Street between Second Avenue and Minot Avenue. Attached is Exhibit "A" which
depicts both the developed and undeveloped properties in the area that
currently have deferrals. These deferrals were granted because the design of
the street and drainage improvements to serve the area was not completed and
it was impractical to construct such improvements to serve just one lot.
The City Council approved funds in the FY 1984-85 budget for the construction
of two lanes of pavement and storm drain facilities in Las Flores Drive south
of "D" Street and in "D" Street from Second Avenue to Minot. The City
Engineering Department has now completed plans for the budgeted project.
The City Council on December 18, 1984, accepted a report which directed staff
to call up the deferrals on a total of seven (7) existing developed lots, at
the same time the City prepares to advertise for bids for construction of this
project. Now is the appropriate time to call up these deferrals.
Four of the seven developed properties with deferrals require that the
Planning Commission give written notice to the property owners to install the
improvements.
For two of the remaining seven lots, the deferrals must be called up by the
City Council , and the last one can be called up by the Director of Public
Works.
RECOMMENDATION:
It is recommended that the City Council authorize the Mayor to give written
notice to owners of the parcels listed below to install their deferred public
improvements. The Council resolutions authorizing the deferrals are also
listed. Copies of the notices to be sent are attached. The list on the
following page indicates the current estimated cost to construct the ultimate
public improvements (both public and private property) adjacent to the parcel .
Page 2, Item 12
Meeting Date 4/2/85
Identifier
County Assessor Parcel No. Est. Cost
Parcel Number/ Shown on Council of Ultimate
Property Address Exhibit "A" Res. No. Improve. Property Owner
566-300-48 35 7447 $ 8,350 Leticia 0. Rico
174 "D" Street 174 "D" Street
Chula Vista, CA 92010
566-330-49 40 8573 & 12,200 Peter H. & Janice R.
163 "D" Street 8589 Vredenburgh
163 "0" Street
Chula Vista, CA 92010
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
For several years we have been working with the property owners in the overall
area shown on Exhibit "A" as Zones I, II, and III to implement the improvement
of Las Flores Drive and "D" Street. As a result of the various meetings, the
City has initiated the following actions:
1 . In modified Zone I, staff is working with the owners to accomplish the
formation of an assessment district to construct the public improvements.
2. In Zone II and Zone III, the City currently has a budgeted project for the
installation of ribbon pavement (20' wide) and storm drain facilities.
This project is now ready to advertise for bids for construction. As
property owners in these two zones develop their property, they will be
required to construct the improvements in front of their lots. The
improvements include: curb, gutter, sidewalk, street lights, pavement,
etc. They also will be required to reimburse the City for the cost of the
ribbon pavement and storm drain facilities.
For those lots which already have homes constructed on them and have deferrals
with the City, we are now requesting that these deferrals be called up to
require the owners to install their public improvements.
The City Council accepted a staff recommendation to establish a fund to cover
the construction cost for those properties with deferrals. We will , in the
near future, be asking the City Council to appropriate $75,000 for this
purpose. This will make it possible for the City to advance money from this
fund at an interest rate consistent with interest charged for an assessment
district up to a period of ten years. This will require a contractual
agreement between the property owner and the City guaranteeing the repayment
of the funds.
Attached are copies of the deferral agreements for the two parcels. Also
attached is a copy of the notice to be sent the property owners to install
their improvements.
\O\15
Page 3, Item 12
Meeting Date 4/2/85
FISCAL IMPACT: City may be advancing funds for construction of street
improvements adjacent to the parcels with deferrals. Staff will be requesting
Council to approve the appropriation of $75,000 from the unappropriated
reserves of the General Fund to lend money to property owners for a 10-year
period to finance construction of their public improvements.
SLH:fp/AX078
WPC 1458E
The City of Chula Vista �
„ Engineering Department 691 -5021
*AMM4CMWMAP May 7, 1985
})( 0 7 F
Ms. Leticia 0. Rico
174 "D" Street
Chula Vista, CA 92010
INSTALLATION OF STREET IMPROVEMENTS ON "D" STREET BETWEEN SECOND AVENUE AND
MINOT AVENUE
As a condition of building a house on a lot, the City requires that the public
improvements be installed when the house is built. However, the previous
owner of your property was granted a deferral (delay in requirement to
construct public improvement, i.e. , sidewalk, curb, pavement, etc. ) in
September of 1974. This deferral was granted because the design of the street
and drainage improvements to serve the area was not completed and it was
impractical to construct improvements to serve just one lot. Over the past 14
years, the City has granted several deferrals for the construction of public
improvements along Las Flores Drive and along "D" Street between Second Avenue
and Minot Avenue. Attached is Exhibit "A" which depicts both the developed
and undeveloped properties in the area that currently have deferrals.
The City Council approved funds in the FY 1984-85 budget for the construction
of two lanes of pavement and storm drain facilities in Las Flores Drive south
of "D" Street and in "D" Street from Second Avenue to Minot. The City
Engineering Department has now completed plans for the budgeted project. The
City's project will include approximately 24 feet of pavement along the
centerline and drainage improvements. Those property owners who develop later
will reimburse the City for its cost at the time of issuance of a building
permit. Those properties with houses and deferrals will be required to pay
back the City for the City's project.
The City Council on December 18, 1984, accepted a report which directed staff
to call up the deferrals on a total of seven (7) existing developed lots, at
the same time the City prepares to advertise for bids for construction of this
project.
In accordance with the deferral agreement approved by Resolution 7447 (copy
enclosed), the previous owners, Mr. Costello and Mr. Lewis, agreed to install
the improvements adjacent to your property. Since you are the new owner the
obligation to install these improvements is now yours per the agreement. We
are herewith giving you written notice to install the public improvements
adjacent to your property at 174 "D" Street, Chula Vista, California.
The City, in the near future, will be advertising for bids for the
construction of the storm drain facilities and ribbon pavement in Las Flores
Drive and "D" Street between Minot Avenue and Second Avenue. During
construction of the City' s project, it would be appropriate that you make
arrangements for construction of the street improvements adjacent to your
property.
276 Fourth Avenue Chub Vista,California 92010
I
Ms. Leticia 0. Rico - 2 - May 7, 1985
The City Council has established a fund to cover the construction cost for
those properties with deferrals. This will make it possible for the City to
loan money from this fund to you at an interest rate consistent with interest
charged assessment district bonds up to a period of ten years so you may
install your improvements. This would require a contractual agreement between
you and the City guaranteeing the repayment of the funds. The amount that you
would owe the City would include one-half the cost of both the 24 ft. wide
ribbon pavement and storm drain plus the cost of the improvements on your side
of the street (i.e. , 8 ft. wide parking lane, curb, gutter, and sidewalk and
other miscellaneous items necessary to complete the improvements).
Please contact Shale Hanson in the City Engineering Department at 691-5114 if
you have any questions concerning this matter.
JOHN P. LIPPITT
DIRECTOR OF PUBLIC WORKS/
CITY ENGINER
SLH:fp
File: AX078
WPC 1464E
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1N7 Rev. 3/74
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` V.;� *- #3 RESOLUTION NO. 7447
f t
xtv RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
1 41,, '- - : i I ' VISTA APPROVING AGREEMENT BETWEEN TUE CITY OF CHULA
`: , .„1, VISTA,AND ANTHONY J. COSTELLO AND THOMAS-LEWIS- FOR THE
� :, - DEFERRAL OF THE INSTALLATION OF PUBLIC IMPROVEMENTS
1 z ` * �”*"r+' i ,4,c I ADJACENT TO 138 MINOT AVENUE
lu AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT -
.- - w ' '' The City Council of the City of Chula Vista does hereby
' --,'‘''''":',',,,r-i.,".'71., '� resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
e • ; between THE CITY OF CHULA VISTA, a municipal corporation, and
• .VV V • ^.,;',,,,,,,,h, ANTHONY J. COSTELLO AND THOMAS LEWIS, for the deferral of the instal-
" s
• �*� <,''.2..-.- ,,".7.-.,14,,, - lation of public improvements adjacent to 138 Minot Avenue,
,� xF dated the 29th day of August • , 19 74 , a copy of
�� ;` which is attached hereto and incorporated herein, the same as though
4 .11 fully set forth herein be, and the same is hereby approved.
,
d
' z BE IT FURTHER RESOLVED that the Mayor of the City of Chula
• -4�` ,.:,-.1 :..,-v.14.4:;;� , : " ' . Vista be, and he is hereby authorized and directed to execute said
bfi .4'N4 '"H y"agreement for and on behalf of the City of Chula Vista. _____
.ate r Approved as to form by
x�� r ; Presented by PP
' ' (fit
, ' ' ,k � ` Ewa a
Is! LANE F. COLE �..� /p: -"�Y7i
# � � • 4t w?' Lane F. Cole, Director of Public G orge ' Lindberg, •City Attoiey•
? 4 r Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
• �. - � t VISTA, CALIFORNIA, this 10th day of 1974 , by
SAptember
a �
h �� , '... � �z 1� � .,3- the following vote, to-wit:
, '' ' ,.1 , AYES: Councilmen ccnrt, Nob.1, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
x " - r - '= i1'"
y ` - , " ABSENT: Councilmen MIsert
Vim, I -
t �P L
,,' a+, . * a• C ,. /e/ THOMAS S n. J1A YI TON J�
h � • Piayor of the City o Chula ista
'w 'r ATTES j7fi72Gc'�
r ,t';4 4 = City Clcrx
r ' ' 1. - i - STATE OF CALIFORNIA)
i.,--4.-=`,', .,-=',A, , • ,,,,,,,. COUNTY OF SAN DIEGO) ss.
� � " CITY OF CHULA VISTA) •
, :� :u I, Jennie M Filing, , City Clerk of the City
* £ ,,g-r ,' !; .,, of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
„ .4 true and correct cony of Resolution No. 7nn7
and that the same has
r• "-i.' Y " , s*'* j not been amended e,r :repealed. DATED SPptemher 10, 1971
4r T- r r!^r s ,:
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'x >` #,a 4' F {t' AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
! Ott '' �" CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED
it , BY ANTHONY J. COSTELLO AND THOMAS LEWIS LOCATED
- "^•` � ', ON THE UNNAMED STREET (NOW KNOWN AS A PUBLIC ALLEY)
.w � BETWEEN SECOND AVENUE AND MINOT AVENUE SOUTH OF "D"
. � i STREET IN THE CITY OF CHULA VISTA AND LIEN SECURING
THE FUTURE INSTALLATION OF SAID IMPROVEMENTS
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4^:x' , ,4 �,+ * % THIS AGREEMENT, made and entered into this 29th day of
'2;:;,?'�� ' August, 1974, by and between TIIE CITY OF CIiULA VISTA a munici al
` ' corporation, hereinafter referred to as "City", and ANTHONY J.p
M t t COSTELLO and THOMAS LEWIS, 542 Patricia Avenue, Chula Vista, Cali-
'*,l ' t ¢ fornia 92010, hereinafter referred to as "Property Owners";
W I T N E S S E T H :
a �
,7?t,t,',. A.,,,t-,tal---,:"- ApS- [1, ,,
„ ? " i is WHEREAS, as a condition of the approval of Tentative
`W 4 4t Parcel Map No 3-74, the Property Owners are required to install
. r�� _. ' "tilt - ' certain public improvements more
particularly described herein-
" 1e 'z,g' t. .41,
Y, I ➢I'I after, and
4`- e 1#� a a4} WHEREAS, it is desired by Property Owners to defer the
r installation of said improvements until such time as the entire
;.�
r a� ,* °( street is to be improved.
s
t., +� ps NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
,, Vi, the parties hereto as follows:
-` a t 3 "I't ' 1. Property Owners agree to install the following
a r7; improvements adjacent to property shown on Tentative Parcel Map
* KF� ` No. 3-74, described as �+.ssessor's No.,"`-566-300-15,
, � at the esti-
,:-. k mated cost of $2,600.
� � �� �r 2. For the faithful performance of the promises 'and
, • ,h a� t covenants herein contained, Property Owners hereby grant to the
I �� City of Chula Vista a lien upon the property herein described,
a, �$ 4 s aF and in the event that Property Owners, their successors, heirs,
.,� , �, assigns or transferees, fail to install or construct said im-
provements in the manner and within the time specified herein,
:
a� 4 ➢„, , I L. 4.' aye ' °✓ y"#*, er tt ti ,, ,' we 5ia
r;4,47:' . n k 3 x*-e: 4 x x '' `az r �' .' ar y � � 1 FE D
''k t 1t i� t „, 3. n � ;<'L�k >m * ,. '3'e s�s.'f£>. s �S s
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y ',.,-.:"'!ti.A.&---,:'' .',
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1,44� —'1- (d) Pursue any other remedy, legal or equitable by
-` " ., r law, for the foreclosure of a lien, and Property
s• • ` -,ti {y ' s `-' attorney'sefeesetosbentaxedlassa costlinasaidaprooable
ceedings.
a
& �Y } 3. At any time during the period herein provided, Property
� �� Owners their heirs, assigns or transferees ma make a cash deposit
with the City in the amount estimated by the Director of Public Works
d3 .• ...r.,-.4,...4-4-4 � to cover the total cost of the improvements, If said cash deposit
* ��� > `` is made prior to the recording of this agreement, then said agree-
r
� " � � ,; ment 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
� ) + agreement shall be recorded. If this agreement has been recorded
�� 4ks � and then said cash deposit is made, the City may release said lien
s of record and hold this agreement or any new agreement unrecorded
, '°" as long as said cash deposit • left with the City.
4. The work to be peformed and the cost of said improve-
° M1 ments and the amount of this lien is the sum of $2,600.00, and said
� , � a , work shall be done in accordance with the plans and specifications
on file in the Office of the Director of Public Works,
and shall
„ � consist of the following:
�' 1. Type "G" curb & gutter,yp g 66.6 L.F. $ 233.10
�� a 2. Sidewalk, 333 S.F. 299.70
' � ,¢ ) k p ' G 3. Driveway approach, 135 S.F. 155.25
� � ,`"� "' 1 , 4. A.C. pavement, 1,099 S.F. 494.55
� S. :. Roadway excavation, lump sum 600.00
,10'ro
,• `s . ��� '1 $1,782.60
, Contingencies 232.40
� � $2,015.00
a' ` ,e Engineering preparation of plans and staking 585.00
� ,` i4f Total Cost $2,600.00
� � t 5 rs ' s -- —' ---------- ________;171_d_;;;_____
��" 5 It is further understood and agreed that Owners
°"� w4,; -,i their heirs, assignees or successors in interest shall at such time
• ��" x as a 1911 or 1913 Act petition is circulated sign said petition and
�� ) F that said parties do hereby waive all rights to protest in the event
:'"4'-4-',°q..4:,. .^^-i"....:"'",:,...44 tffi e � such a 1911 or 1913 Act proceeding is instituted.
f
k a IN WITNESS WHEREOF, the parties hereto have caused this
` �";� agreement to be executed the day and year first hereinabove set
cis £# forth.
03 � g
p ( j.,/
� a,� THE CITY OE CHULA VISTA Property Owners
Y./ 1 a ciW-1 ' '0?-2
,704--4,-ffe'rvIti,- .' ,,,,, .g-_r
......142,;/,.0J1 -c- II V r
�� Mayor r7 the Cityy of Chula ista Anthony J Costello
t� ` 60 '':,- ATTEST•..":� �L< �� ��( �/���
eq / � City Clerk
• / s l� �s Thomas Lewis
w '' App owed as to form by
' �' - * , '
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( ' ,v $,i1 city ro ne l//
a Y ` �. 74. Y Y
sN ' (Attach Notary Acknowledgment)
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;# ��` CHULA VISTA CITY COUNCIL MEETING OF September 10, 1974
f+e, Y p fs`ao 3E ;, ,, ..
- ri, - �. ITEM TITLE: Resolution - Approving Agreement for Deferral of Public
t �« ag Improvements Adjacent to 138 Minot Avenue
i h.,..." � It :`t' INITIATED BY Director of Public Works/City Engineer 1. i ['
" �: I BACKGROUND
r i r 'IF
4,:' �� n 1"' On April 10, 1974, the Planning Department and Engineering Division
:. +i � ' approved tentative Parcel Map No 3-74 for property located at 138 Minot
a a {a Avenue. One of the conditions of approval was that an agreement betweer,
.. ; 4" 4 I 1 the property owners and the City be executed in which the owners agree
� �� > " to install public improvements on the unnamed street located at the
�� "� � '�� rear of their property.
" Y- On August 6, 1974, the City Council, by Resolution No 7394, accepted
� ,, ' ~` ,� a petition requesting that a 1911 Improvement Act District be formed
s� for the construction of full improvements for said unnamed street.
« � ' The owners have agreed to install their improvements at the time the
�., .., 5 { i unnamed street is improved under a 1911 Improvement Act District.
,,,,k':f „, k n � They have also executed a lien agreement to serve as a performance
3 ' w � , It guarantee. The City Council must approve all lien agreements. Council
0 w ',, approval of the agreement will be followed by recordation of the lien
�,,- r in the office of the County Recorder.
1 . E ,
rlt ,.: � �: A transparency is available for Council viewing.
-� ` ',.a-
fir ., � a, — — — .. — — ----- ---
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A �" ATTACHED: Resolution [X}2 Ordinance [ ] Agreement [ 3 Plat [�1
a+�
t.`� k. � +
See EXHIBITS [X] No 1-2-3-
'� M € *7....4,, Financial tiw,firi ,t -N.A.
, § Commission-Board Recommendation:f 1 .�
N.A.
si i ,� Department Head Recommendation:
� a�� a
R , �.a tee" Council approve agreement.
? '
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.1 r ,,, & kxl City Manager Recommendation: Concur
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April 3, 1985
Ms. Leticia 0. Rico
174 "D" Street
Chula Vista, CA 92010
INSTALLATION OF STREET IMPROVEMENTS ON "D" STREET BETWEEN SECOND AVENUE AND
MINOT AVENUE
Dear Ms. Rico:
In accordance with the deferral agreement approved by Resolution 7447 (copy
enclosed) , we are herewith giving you written notice to install the public
improvements adjacent to your property at 174 "D" Street, Chula Vista,
California.
The City, in the near future, will be advertising for bids for the
construction of the storm drain facilities and ribbon pavement in Las Flores
Drive and "D" Street between Minot Avenue and Second Avenue. During
construction of the City's project, it would be appropriate that you make
arrangements for construction of the street improvements adjacent to your
property.
The City Council accepted a staff recommendation to establish a fund to cover
the construction cost for those properties with deferrals. We will , in the
near future, be asking the City Council to appropriate $75,000 for this
purpose. This will make it possible for the City to advance money from this
fund at an interest rate consistent with interest charged for an assessment
district up to a period of ten years so you may install your improvements.
This would require a contractual agreement between you and the City
guaranteeing the repayment of the funds.
Please contact Shale Hanson in the City Engineering Department at 691-5114 if
you have any questions concerning this matter.
Very truly yours,
Gregory R. Cox
MAYOR
GRC:SLH:fp
File: AX078
WPC 1464E
Encl.
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y
f*,›
The City of Chula Vista
4
Engineering Department 691 -5021
` ..: May 7, 1985
Mr. Peter H. Vredenburgh
Ms. Janice R. Vredenburgh
163 "D" Street
Chula Vista, CA 92010
INSTALLATION OF STREET IMPROVEMENTS ON "D" STREET BETWEEN SECOND AVENUE AND
MINOT AVENUE
In accordance with the agreements approved by Resolutions 8573 and 8589
(copies enclosed), the improvements adjacent to your property were to be
installed by April 19, 1979. The City has not required the improvement be
installed because the design of the street and drainage improvements to serve
the area was not completed and it was impractical to construct improvements to
serve just one lot. Over the past 14 years, the City has granted several
deferrals for the construction of public improvements along Las Flores Drive
and along "D" Street between Second Avenue and Minot Avenue. Attached is
Exhibit "A" which depicts both the developed and undeveloped properties in the
area that currently have deferrals.
The City Council approved funds in the FY 1984-85 budget for the construction
of two lanes of pavement and storm drain facilities in Las Flores Drive south
of "D" Street and in "D" Street from Second Avenue to Minot. The City
Engineering Department has now completed plans for the budgeted project. The
City's project will include approximately 24 feet of pavement along the
centerline and drainage improvements. Those property owners who develop later
will reimburse the City for its cost at the time of issuance of a building
permit. Those properties with houses and deferrals will be required to pay
back the City for the City's project.
The City Council on December 18, 1984, accepted a report which directed staff
to call up the deferrals on a total of seven (7) existing developed lots, at
the same time the City prepares to advertise for bids for construction of this
project.
We are herewith giving you written notice to install the public improvements
adjacent to your property at 163 "D" Street, Chula Vista, California.
The City, in the near future, will be advertising for bids for the
construction of the storm drain facilities and ribbon pavement in Las Flores
Drive and "D" Street between Minot Avenue and Second Avenue. During
construction of the City's project, it would be appropriate that you make
arrangements for construction of the street improvements adjacent to your
property.
276 Fourth Avenue Chula Vista,California 92010 1
i o C
Mr. Peter H. Vredenburgh
Ms. Janice R. Vredenburgh - 2 - May 7, 1985
The City Council has established a fund to cover the construction cost for
those properties with deferrals. This will make it possible for the City to
loan money from this fund to you at an interest rate consistent with interest
charged assessment district bonds up to a period of ten years so you may
install your improvements. This would require a contractual agreement between
you and the City guaranteeing the repayment of the funds. The amount that you
would owe the City would include one-half the cost of both the 24 ft. wide
ribbon pavement and storm drain plus the cost of the improvements on your side
of the street (i.e. , 8 ft. wide parking lane, curb, gutter, and sidewalk and
other miscellaneous items necessary to complete the improvements).
Please contact Shale Hanson in the City Engineering Department at 691-5114 if
yo have any questions concerning this matter.
JOHN P. LIPPITT
DIRECTOR OF PUBLIC WORKS/
CITY ENGINER
SLH:fp
File: AX078
WPC 1464E
Encl .
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� z -lease Return To: 2090 ",7-13. 5o
IC,, �� qty r 2090 • ��EIF�9BDK1977
"•
Jennie M. Tnl.tcz Ci Clerk C'
1 E€9�P€@ R.DUEST CF
O Z�JLV 1579 CITY CL�RK
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P. 0. E. ]L'S' / )
• a --4,,o'sR„ Chttlt Viso, Crliiorttia 92012 RESOLUTION IJO, 8573 A�� �� � ( '
Y { � k Y; H
OFFICIAL RECCR9S
t g 't` RESOLUTION OF THF. CITY COUNCIL OF THE CITY OE`1Adiat IL,h-..•`,.' '
3 m fit 1f,�ttL�1 F.3LU..N
t • t VISTA APPROVING AMENBED SUIIBIVISIOII IIIPROVEIIFI]T kEI gAgcF
at AGRFEI'ENT BETS'IEEN THE_CITY_
.CHULA VISTA AND
o F E
,, � � .� ,�'r�• � HENRY F. AND AGNES LOUISE JAHN FOR TENTATIVE PARCEL
' "' , MAP 15-76 AND LIEN AGREEMENT FOR THF. INSTALLATION
�` t OF PUBLIC IMPROVEI'EPITS ON "D" STREET AND LAS FLORES
- s a I DRIVE, AND AUTHORIZING TIlE ItAYOR TO EXECUTE SAID•
s �r�" !� a / AGREEMENT
k --,44-,,:pt"'-':".7.,%11.1,,-' "s�s '.'�'� r��a- .� • `
,6 $ " The City Council of the City of Chula Vista does hereby
x y� resolve as ::1W1,(3:::
p , ��.r �ku r,
� REFORE, BE IT RESOLVED that that certain amended
s ` E`. subdivision improvement agreement between THE CITY OF CHULA VISTA,
� ,q , a municipal corporation, and HENRY F, and AGNES LOUISE JAHN, for
y � #' y Tentative Parcel Map
15-76 and lien agreement for the installation
�Y �� I } ' of public improvements on "D" Street and Las Flores Drive, dated
w ' t the 30th day of March, 1977, a copy of which is attached hereto
$ � and incorporated herein, the same as though fully set forth herein
E '' be, and the same is hereby approved.
Lam" t t .- ie ,: - 1,,14* ,
g ", BE IT FURTHER RESOLVED that the Mayor of the City of Chula
�R�{ gg i -, r I� Vista be, and to is hereby authorized and directed
to execute said
amended agreement for and on behalf of the City of Chula Vista.
E s ; t I�� Presented by Approved as to Form by
�, — — _ /s/ W. J. Robens
. � 14: 1 -/s/ George D. Lindberg
t �� are W. J. Robens, Director of George D. Lindberg, City Attorney
x3 `• � Public Works
f Xis R4 ffi,� k t 4 •
- ,, 'P, t � ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 12th day of April , 1977 ,
� iq x by the following vote, to-wit:
a
Wit` .`o- "® �:
#�, , AYES: Councilmen Hobel, Hyde, Cox, Scott, Hedahl
r � ,� � . "-0..: NAYES: Councilmen None
� a a ABSENT: Councilmen None
L"
}( try i ,9�i,„ IL-
-*�P ,4.v, - g1,"" ' `m-1 +
/s/ Frank A. Scott
� ; , „ r Mayor of the City of Chula Vista
•
&^ Y ' ATTEST /s/ Jennie M. Fulasz
' � ; 3 4 �� `, City Clerk
.3tt n
:i..-.0',,..4:-I. -,0 .,-1-,,014,,j � �° �� � gt, STATE OF CALIFORNIA)
ph COUNTY OF SAN DIEGO) ss.
i v, i CITY OF CHULA
VISTA) •
Aik `� ���� "� :. I�.-Pi- Jennie M. Fulasz City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
� r, � a full, true and correct copy of Resolution No. 8573 and that the
`�� �j ■') i ]'' same has_'rot 'peen amended or repealed. DATED April 14, 1977
• k 41 . ■� l fOi City C1CI
Y
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�I CITY OF CHULA VISTA ITEM NO.
4 . COUNCIL AGENDA STATEMENT
�� o-r {� FOR MEETING OF: 4/12/'
z� � ITEM TITLE: Resolution 8573: Approving Amended Subdivision Improvement
* Agreement for Tentative Parcel Map 15-76 and Lien Agreement
ax tai for the Installation of Public Improvements on "D" Street
d
{r '� and Las Flores Drive
_ SUBMITTED BY: Director of Public Works/City Engineer
ITEM EXPLANATION:
' 4 = �� � y; The City Council, on March 14, 1977, by Resolution No. 8545, approved
' a'mx�Y" a lien agreement for the installation of public improvements on "D" Street
g �� is and Las Flores Drive with Mr. and Mrs. Jahn, the property owners.
� ate, � t�«4 r 1+az
b " 3 •7.',4,
On March 25, 1977, Mr. and Mrs. Jahn submitted a request to distribute
4 � the total lien among the three (3) parcels.
� �,+fix�"` " °��� t�
� F x� �, It is therefore necessary to amend the agreement to clearly stipulate
*y # ' x the proportioned amounts of the total lien in the sum of $43,000 to be
� �Y � ';i distributed to the three parcels created by the parcel map. An amendment
•
�� 4 to the agreement has been prepared making the following distribution to
the various parcels:
T4�g _ Parcel 1 of Parcel Map Na. 5711 $10,000
Parcel 2 of Parcel Map No. 5711 20,000
N Parcel 3 of Parcel Map No. 5711 13,000
�� � z P} � ) $43,000
ds z � ,' 1
•� %;,--,,,� �
x,��*� „� ate ( � �
EXHIBITS ATTACHED
'-" � Agreement X Resolution X Ordinance Plot Other
t ;, Environmental Document: Attached Submitted on
f STAFF RECOMMENDATION:
iy '. rt'? '; .
k: Approve Resolution.
b m •
I � i
;; P R0VED
k BOARD/COMMISSION RECOMMENDATION: A P
r - ; b I t_-
, ' erg, . ;1
�k '"fi g' y + `'l.•t:% ,'O ti.l'.''-
- ' r"ia
}p � `s r. COUNCIL ACTION: Chula �1:-".' C-- `J
Dated•.......
re Vr 7 I� �'4::
,+ •� ,{}.
For
m 4-113(Rev.5–- - ,:_._• •_
ter....- ....�..�;�..____... _.,._._. ,,,:„:,_.:7,4;i:2 r�'"'id'';—
+'! '� �
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o, 0091
AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR
• _ TENTATIVE PARCEL MAP 15-76 AND LIEN AGREEMENT
.' FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON
"D" STREET AND LAS FLORES DRIVE
:'} k THIS AMENDED AGREEMENT, made and entered into this 30th day
a i of March , 1977, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City", and HENRY F.
',11,07''.. JAHN AND AGNES LOUISE JAHN, husband and wife as joint tenants, 2400
Al ine Boulevard No. 131 Al
P , , Alpine, California 92001, hereinafter
I , : = referred to as "Property Owners";
W I T N E S S E T H
•
f WHEREAS, Henry F. Jahn and Agnes Louise Jahn have hereto-
I � � fore submitted a Tentative Parcel Map 15-76 for certain property
�$• located in the vicinity of "D" Street and Las Flores Drive, more
�a � particularly known as County Tax Parcel No. 566-330-29, and
i
WHEREAS, said Tentative Parcel Map meets the requirements
9 a ' of the Chula Vista Municipal Code and may now be certified subject
„,r,''''
. to the fulfillment of certain conditions precedent thereto.
3 • { NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
s 1. ':Owners agree that prior to the approval and 'certifi-
� ( J cation of that certain parcel map for property located in the vicinity
" r� of D Street and Las Flores Drive, more particularly known as
" ` a+ I �� � County Tax Parcel No. 566-330-29, that they will either cause those
imp
improvements contained in Drawing No. 77-51D on file with the Public
I' Works Department in the estimated amount of FORTY THREE THOUSAND
DOLLARS AND NO CENTS ($43,000.00) to be accomplished or will provide
f ': adequate security therefor.
� Yr 2. property.Owners, HENRY F. JAI AND AGNES LOUISE JAHN
' in lieu of making the mprovements specified in Drawing No. 77-51D
�" +_*' on file with the Public Works Department, promise that they will
' � iW? install, construct or cause to be installed or constructed the
• - improvements on said Drawing No. 77-51D within two years from the
� ` date of Council approval of this Subdivision Improvement Agreeement.
a [ 3. For the faithful performance of the promises and coven-
` z ants herein contained, Property Owners hereby grant to the City of
a� ` Chula Vista a lien upon the property herein described, and in the
„ 4 ��� event that Property Owners, their successors, heirs, assigns, or trans-
ft ferees, fail to install or.construct said improvements in the manner
and within the time specifed herein, they agree that City may do
9 ',� � V• ' any or all of the following:
(a) Install or construct said improvements by
contract or otherwise, and permission is hereby
r :' granted to City or its contractors and contractor's
. ',r � employees to enter upon any portion or portions of
�� said property reasonably necessary for said con-
,,
on-
* struction, and the entire cost and expense of said
tt improvements shall be charged against said property
a :41,6'Frio �- and said cost and expense shall be payable by
a � r '
4ay Property Owners, their successors, heirs, assigns,
� � �{ ; +P or assignees, immediately upon completion of said
I improvements, and in the event the same is not
�psP { ',''''' ',1 paid within thirty (30) days from said completion,
the City may foreclose said lien, as provided by
4,1 Ii law for the foreclosure of mortgages, and Property
i' Owners agree that the amount of said lien includes
°, i attorney's fees which shall be taxed as a cost in
- i any suit or foreclosure.
All ' I f
' �l
\
'w",*rte..•°i1 x r: . '"+r ,a•, ,,'-:;i..,:
'k[ ss p� ,Xa ro. �"t ,,k 4 d �� �* ?. +. T _" s `�4114'3 'n, F Yz�°° 'y ''' 4 Y y
•
ttli,
,s ,I•t, (b) Dlrec� the Director OL ?'1J11C S`10rFC5 to e3z1.:lat.�
the cost of the work required to complete said im-
a provements, and foreclose said lien in said amount.
£ '%‘''.'-,n
`3
(c) Foreclose said lien as a mortgage.
(d) Pursue any other remedy, legal or equitable by
r
law, for the foreclosure of a lien, and Property
x ' Owners, their heirs and assigns, shall pay reasonable
attorney s fees to be taxed as a cost in said pro-
` % � � rt fr ' ceedings.
ys ` Mks 4. At any time during the period herein provided, Property
b � Ir Owners, their heirs, assigns, or transferees, may make a cash deposit
�' with the City in the amount estimated by the Director of Public Works
, � f't ":a� to cover the total cost of the improvements. If said cash deposit•� , , � is made prior to the recording of this agreement, then said agreement
€ i�Y�3 shall not be recorded as long as said cash is on deposit with the
I* City. If said cash deposit is withdrawn from the City, said agreement
(� , shall be recorded. If this agreement has been recorded and then said
4S4 cash deposit is made, the City may release said lien of record and
17 r hold this agreement or.any new agreement unrecorded as long as said
i cash deposit is left wth the City.
� �� +i 5. The work to be performed and the cost of said improve-
{ � � • 1 ments and the amount of this lien is the sum of $43,000.00, and said
�; work shall be done in accordance with plans and specifications on
0';
file in the Office of the Director of Public Works and shall consist
of that work specifically shown on Drawing No. 77-51D and that said
lien against the property described on Parcel Map No. 5711 as recorded
• the County of San Diego be, and the same is hereby distributed in
�{ , the following manner:
Parcel 1 of Parcel Map No. 5711 $10,000.00
'' ' ' ''.,?''''','' *"'.'4494'410 -4''''''g .'� a Parcel 2 of Parcel Map No. 5711 $20,000.00
p Parcel 3 of Parcel Map No. 5711 $13,000.00
.` , '- " $43,000.00 .
, a3 6. It is further understood and agreed that Owners
r h aA �' and/or their heirs, assignees or successors in interest shall
,� , ,p4 44- at such time as a 1911 or 1913 Act petition is circulated, sign
� 3 said petition and that said parties do hereby waive all rights
1 iFr to protest in the event such a 1911 or 1913 Act proceeding is
instituted.
�I • ; IN WITNESS WHEREOF, the parties hereto have caused this
g y year first hereinabove set
, � ::g ';';'',41 a reement to be executed the da and
�1 ' forth.
i M �
,"---,,•---": 1-••-`-,;.Ai �AR x!t$"Jft �f
5 § $ ` . THE CITY OF HULA
VISTA PROPERTY O[9NERS
y
X •$ 'Tt g'� � � G�"1'14 � t� 6 ,' TO 19at CA 18.��1 - _ 1L_
,"� x '*. � +c ,� (Individual) tiQ93 �71TLE INSURANCE
t �`r`r • � +' r AND TRUST
STATE OF CALIFORNIA
7 t* >7. ?..•.¢ 4� I ,• } SS. ,amm.coMwwr
° 4 + COUNTY OF San Diego J
°� � + • March 30 1977
:e.. ,� t i On s before me,the undersigned,a Notary Public in and for said s
°I '`•�•. Y •-, ,, s' s + � State,personally appeared Henry F. Jahn and
r /��i
G
r,- W Agnes Louise Jahn
� .
+u t''':4;.: �; W W
y ( ePy�? s ,known to me
�` t ` to be the person_S__whose names are subscribed „_ .�ti
„a,-� ;i v .� H to the within instrument and acknowledged that they �.. OFFICIAL SEAL
a a t'''� "'' executed the same. / JAP:E A. . ALII IS
'.+ y.;x'.4�6a '�' i I 'N37'1:4'1'.4thNOTARY PUBLIC-CA rORfv„.
1 #� ,, WITNESS my hand and official seal. �Iilent)
,( ( JaV DTGO CC4�!'Y f
, a /1 �� Vy co^m. entire,:;f; 2.'. 19��
fi t 7 1 276 Fourth Ave.•Chu
Vi::a,CA 9?010
ignatum r
ire
(This a for olricial norarial seal)
. i S
's r•r a 1+ fi i,s >ti y 2_F rs+''.-" f" '"> a hat-"p t94'u, k R`'- �y) , w O -� ' tt'tr 1 I a., e a F k$ ? , r I'K a 1;t °. 'S F At`x & {� ra' r .4",.:4 1 V :„`.7'...,:::"7.4,'.,r »;x 1
rr a
I
-Yn C
S 5�' A,W. a'ky q0I M'Y
209'1
} TO WHOM IT h1AY CONCERN:
g4 In regard to the $43,000 lien against the property owned by
¢xe Henry F. and Agnes L. Jahn described on Parcel Map #5711
recorded in the County of San Diego be it hereby known that� such lien is distributed in the following manner:
*� 3 $10,000
s� ! , Lot #1
; ,` Lot #2 $ 20,000
Lot #3 $13,000
r. Total $43 000
xw �&.x^ a rE --- --------------- -------- ---- ---- --- ----- -- —
� acv -,,,I.;-%� � � --
�
,; `4 =, Dated this 25th day of March, 19
Henry Fa Jah
x f spy �:�% c-�Pi fc ��
Agnes L. Jahn
q. < 41.:7:, a'2 a•,�. a ?},� •
� ro1. r ` , t , . 4 , — —
+w' *17;:::. "'*,`7;,',",,,,:,-„:.,,',..;k"-.:;,',.:4.* ". t �. --IF s- •e-- -- TRLE INSURANCE
,, �"� Y t' >v 'x". ¢' (Individual) ANDTRUST
a: ` ` 'F; `t` I STATE OF CALIFORNIA .... ouvaHr
at � 'a 4 SS-
y.` COUNTY OF San Diego
�>
4's4.:',-' " ' March 25, 1977
t• Or. before me,the undersigned,a Notary Public in and for said
Henry • Jahn and
mss' ��'� � I �. Stale,personally appeared y
1'4.'1'ri Agnes L. Jahn
#a4 W
Ypg,
�� .� i ..'F )X81 W
f,....""3-j,,,,, �"' ' �" s ,known to me
:.�x �, �"r �s+ to be the person S whose name s are subscribed
to the within instrument and acknowledged that they _ __ -
p
executed the same. OFFICIAL SEAL
',F yI WITNESS my hand and official seal
1 ,� y��' IA.'JE A. DI`D:'CHS
'� ! s' l.�'_ nIOTARV Fu2L�C-Cati."ORNI.a
. ✓� - it , h)'� s\N C G,r C�I:Ary I�
Signature i- �' (•1 D G`� '^� 276 Founh Ave.,Chula Vsla,.--CA 52010
i`
Ri Jane A. Diedrichs
'i,'•.: (This area for of vial notarial scat)
# c M^ `�, � hf r t • p yF #S., t g :
. .. 'T7-15663'7
•
k <piea5e iVe.urn To; FILElPAGE NO.
126 900K 1917
�RjEoCCO/ROEC REQUEST CF
ss } r. ...
�° � rcnnic M. Fuia;z, C;:� Ccr?c
..
r. o. Btoc 1057 APR 27 IO 26 aH'(I
Chula Vista, C.ilifurnia 92012 RESOLUTION NO. 8589
OFFICIAL RECORDS
x ,, SANI?IE;OCOIJN1.CM ��
* IIARLE'� F.6LOC 4
RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF CEIUII�CGRUER
&' VISTA DECLARING THAT THAT CERTAIN AMENDED LIEN AGREEMENT
�w s r EXECUTED BY HENRY ARID AG?IE5 JAIIN BE AND TIEE SANE IS NO F�
{ �_ �` HEREBY SUBORDI ATE TO CERTAIN TRUST DEEDS ON PARCEL
1 OF PARCEL MAP 5711
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Henry F. Jahn and Agnes L. Jahn have heretofore
�.,. on March 30, 1977 executed an amended lien agreement to secure the
installation of certain public improvements on D Street and Las
Flores Drive in conjunction with the approval of Parcel Map 15-76,
t .'.:-,='-',,:7-.:;1,!"a * I and
WHEREAS the Cit Council has b Resolution No. 8573,
Y Y
�� � adopted on the 12th day o£ April, 1977, approved said amended lien
agreement, and
4r ' WHEREAS, in order to allow the successors in interest,
a!r Peter H. Vredenburgh and Janice R. Vredenburgh, to obtain loans for
# " construction on said ro ert it is now necessary
to subordinate
P P Y Y
, " said amended `lien agreement to the deeds of trust securing said
-. loans.
z � 8r NOW, THEREFORE, BE IT RESOLVED by the City Council of the
° City of Chula Vista that the first deed of trust with Some Federal
Fi j Savings and Loan Association dated April 14, 1977_in the amount_of
$48,000 and the second deed of trust with Henry F, and Agnes L. Jahn
s dated April 1, 1977 in the amount of $13,750 covering Parcel 1 of
�M Parcel Map 5711, filed in the Office of the County Recorded of San
Diego County March 24, 1977, £ile #77-107800 0£ Lot 38 of Rosebank,
according to map thereof no. 1304 filed in the office of the County
_' Recorder of San Diego •County January 18, 1911, of the 0:itliece rly half
i � of the 80 acre lot number 1 in Quarter Section 125 of cho de la
Nacion, according to map thereof No. 166, and Lot No. Rancho Villas according to Nap thereof No. 2376 filed in the of the
h rt ti' County Recorder of San Diego County, February 11, 1947, being in
', .4,..,',-1' , the City of Chula Vista, County of San Diego, State o£ California,
t be, and the some are hereby declared to be prior and superior to
r € r
a: the amended lien agreement between the City of Chula Vista and
Henry F. and Agnes L. Jahn dated March 30, 1977 and that said
;r nQ amended lien agreement is hereby subordinate to said trust deeds.
*k.. ., ... .. ... . Presented and Approved as to Form by
„ .., .. .,. .„„,•.- -,.,"» TK a "' k �eiJ ."'� •�� 11. _1
,, ..„,-,,,,....,. ..,,,,,, ,,. ,- rr George D. Lindberg, City Attorney
i
+fib 92'x' y�, `�`f •F " +{,� qG�'
v
a°
x l� tS w
y
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
s ' CHULA VISTA, CALIFORNIA, this 19th day of April
1
:+ ,' 197 7 , by the following vote, to-wit:
AYES: Councilmen Hobe', Cox, Hyde, Egdahl
NAPES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
VACANCY: Council Seat #3
/s/ Will T. Hyde
Mayor of the City of Chula Vista
ATTEST /s/ Jane A. Diedrichs
Deputy City Clerk
e" k7a a`
0
STATE OF CALIFORNIA )
R f `
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
f
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
p tCy� a,
� k �Crt DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
•
. -_Resolution No. 8589 ,and that the same has not been amended or repealed.
•
DATED April 26, 1977
= t
•
t
seal) Y
F � � r - Cit Clerk
( '•
CC-660
sai'-
s
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ill .' \*"-. • •
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o �'' � � ' v` " r t`" , '& p ,a e `^c i`lli i 1 oh t?� w� ,,,; t.;� fit +f .. , - .,_ t u f r *s.am gp i � s
: L`p f
ifi
t"r� ;,. f - ,1 UNANIMOUS CONSENT ::::
mss" IT IS HEREBY REQUESTED bye the undersigned that the following
0 item, with the unanimous consent of the City Council of the City of
'; iv Chula Vista, be considered and acted upon by the Council pursuant
,,-
to the provisions of Sec,2.04 .090 of the Chula Vista City Code.
Resolution Declaring Lien Aqreement Executed by Hear., apl A nos
Jahn Be and the Same is Hereby Subordinate to Certain Truce nepda
d on Parcel 1 of Parcel Mao 5711
::,:;:,..,,,,,°f� Vr /) /
£) � 'Signature)
Unanim.us Consen of the City Council, as 1icat - he following
- signa res
' `-i f / r, , r• , •
a
' _ 4
i
Marv ,\F ! a '
"
•
W ' E+Y c• k h`kP
d z Yd
I0VED
,
AFp the i , by
CitS Coy I1cil
of _.'':"
.: : M Cht11a .
ti
nz
4
{ ...
CA-301
$ � 'S k, a �y
•
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F
i s
tx�} T i i $� Ij - -
srA Fes. .i
c
•
April 3, 1985
Mr. Peter H. Vredenburgh
Ms. Janice R. Vredenburgh
163 "D" Street -
Chula Vista, CA 92010
INSTALLATION OF STREET IMPROVEMENTS ON "D" STREET BETWEEN SECOND AVENUE AND
MINOT AVENUE
Dear Mr. and Ms. Vredenburgh :
In accordance with the deferral agreement approved by Resolutions 8573 and
8589 (copies enclosed) , we are herewith giving you written notice to install
the public improvements adjacent to your property at 163 "D" Street, Chula
Vista, California.
The City, in the near future, will be advertising for bids for the
construction of the storm drain facilities and ribbon pavement in Las Flores
Drive and "D" Street between Minot Avenue and Second Avenue. During
construction of the City' s project, it would be appropriate that you make
arrangements for construction of the street improvements adjacent to your
property.
The City Council accepted a staff recommendation to establish a fund to cover
the construction cost for those properties with deferrals. We will , in the
near future, be asking the City Council to appropriate $75,000 for this
purpose. This will make it possible for the City to advance money from this
fund at an interest rate consistent with interest charged for an assessment
district up to a period of ten years so you may install your improvements.
This would require a contractual agreement between you and the City
guaranteeing the repayment of the funds.
Please contact Shale Hanson in the City Engineering Department at 691-5114 if
you have any questions concerning this matter.
Very truly yours,
Gregory R. Cox
MAYOR
GRC:SLH:fp
File: AX078
WPC 1464E
Encl.
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