HomeMy WebLinkAboutReso 1987-12864 RESOLUTION NO. 12864
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND JON AND ROBERTA B. HOLMERUD FOR A DEFERRAL AND
LIEN ON THEIR PROPERTY AT 1130 SECOND AVENUE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NO%~, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and JON AND
ROBERTA B. HOLMERUD for a deferral and lien on their property
at 1130 Second Avenue
dated the 6th day of January , 1987 , a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~hn P. Lippi , ' or of : Thomas J..~rron, City
· ublic Works/City Engineer Attorney
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th cloy of. January
19 ~7 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, McCandliss, Cox, Hoore, Nader
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members None
~ Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, 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RESOLUTION NO. 12864 ,and that the some has not been amendedor repealed.
DATE D
City Clerk
CITY OF
CHUIA ¥1SI'A
CC-6GO
276 FOURTH AVENUE 87-036511
CHUN VISTA, CA 92010
AGREEMENT FOR THE DEFER'RAL OF THE INSTALLATION OF'' <" r
CERTAIN PUBLIC iMPROVEMENTS iN THE CiTY OF CHULA VISTA
AND LiEN SECURING THE FUTURE INSTALLATION OF SAiD
IMPROVEMENTS ON THE PROPERTY OWNED BY
JON AND ROBERTA B. HOLMERUD'
ADJACENT TO 1132 SECOND AVENUE
IN THE CITY OF CHULA VISTA
THIS AGREEMENT, made and entered into this 6th day of January ,
19 8~ by and between THE CITY OF CHULA VISTA, a municipal corporation,
hereinafter referred to as"City" and Jon and Roberta B. Holmerud hereinafter
referred to as "Property Owner";
W I TNESSETH :
WHEREAS, Property Owner has applied to the City Engineer of the City of
Chula Vista for an exemption to the provisions of Section 12.24.040 of the
Chula Vista Municipal Code, in accordance with the requirements and conditions
of Section 12.24.070 of said Code, which provides, generally, for the
installation of certain public improvements upon any dedicated street or
streets adjacent to a lot or parcel upon which a structure or building is to
be installed, erected,.or moved upon, and
WHEREAS, said Section 12.24.070 provides that if the City Engineer, in his
discretion, feels that said installation of public improvements would cause a
defective condition to the property or it would be extremely impractical to
install or construct the same, then the City Engineer, upon finding that
grounds for said exception from the requirements of Section 12.24.040 were
reasonable and were in conformance with the requirements of Section 12.24.070
for said exemption, may grant said exemption, which may be limited to a
specified period of time, and
!'I~EREAS, the City Engineer did grant said request for an exemption to the
provisions of Section 12.24.040 on the conditions set forth hereinafter, for
the property adjacent to Parcel 1 of Parcel Map No. 12106 in the City of Chula
Vista, and did find that the grounds for said request for an exemption were
reasonable and were in conformance with the requirements of Section 12.24.070.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
1. That Property Owner, Jori and Roberta B. Holmerud, in lieu of making
the improvements specified herein, prior to final inspection or the
giving of a certificate of occupancy, agrees, covenants and promises
that he will install, construct or cause to be installed or
constructed the improvements hereinafter set forth within thirty (30)
days of written notice from the City Engineer to install said
improvements, or within three years, expiring on January 6th
1990 , whichever occurs first. '
2. 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 that
tProperty Owner, his successors, heirs, assigns, or transferees, 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 contractors and
contractor's employees to enter upon any portion or portions of
said 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 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 Property Owner
agrees that the amount of said lien includes attorney's fees
which shall be taxed as a cost in any suit or foreclosure.
lb) Direct the City Engineer 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.
Id) 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 the City
in the amount estimated by the City Engineer to cover the total cost
of the improvements. If said cash deposit is made prior to the
recording of this agreement, then said 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 agreement shall be
recorded. If this agreement has been recorded and then said cash
deposit is made, the City may release said lien of record and hold
this agreement or any new agreement 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 the lien is the sum of $6,100.00 and said work shall be
done in accordance with the plans and specifications on file in the
office of the City Engineer, as follows:
-2-
(INSERT ESTIMATE BY UNIT-COST-BREAKDOWN)
See attached sheet
5. It is further understood and agreed that Owner and/or his heirs,
assignees or successors in interest shall at such time as a 1911 or
1913 Act petition is circulated, sign said petition and that said
party does hereby waive all rights to protest in the event such a
1911 or 1913 Act proceeding is instituted.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA PROPERTY OWNER:
IJon' H61i~rud
~' city Clwr~ ~ Roberta B. ~Holme~ud
Approved as to form by (Attach Notary Acknowledgment)
C i t~'Atto rn'ey
STATE OF CAUFORNIA }ss.
COUNTY OF Sail Die(jo
On this 25Eh day of Novem.be.r . in the year 19 86 .
before me, the undersigned, a Notary Public Je and for said State. personally appeared
.Joe W. ~To.Lmerud and Roberta B. Holrnerud
-- OPI~I~;A~'~-'~"'~'~ ., personally known to me
~ NORMAN CAT_A/ANO I1 (or proved to me on the basis of satisfactory evidence) to be the person_swhose name~[
~OrA~Y USL,C - C'~L,~o,~,A r/ are subscribed to the within instrument, and acknowledged to me that ~he.Y_
-- ~'~-,,ma~,~-/ ,SAN DIEGO COUNTY
~ My ~mm.~XEp~res OCT 20. le~/ .. executed ,,.
WITNESS my hand and o~
ACKNOWLEDGMENT--GeneraI--Wo~cotts Form 233CA Rev 5-82 Notary Public in and for said State.
The following is an estimate of the improvements fronting the 50 feet of
frontage for the subject property.
a) Grading $ 250.00
b) Subgrade preparation 1000 square feet 330.00
c) Base import 19 C.Y., 28 tons 280.00
d) Base preparation 470.00
e) Install 50 L.F. curb and gutter 550.00
f) Install 50 L.F. sidewalk, 250 square feet 675.00
g) lO00 square feet of paving llO0.O0
h) 600 square feet of overlay, 330.00
i) Tree trimming 150.00
j) Haul - Lump Sum 150.00
k) 1 standard driveway 1200.00
Total $5485.00
10% Contingencies 548.50
GRAND TOTAL $6033.50
Required bond $6100.00
June 27, 1986 ~
File: PD-O18
TO: ~,~John P. Lippitt, Director of Public Works/City Engineer
FROM: "K~ ....
Roger L. Doaust, Senior Clvll Engineer
SUBJECT:'~ Deferral Request for Street Improvements along the proper~ at
1132 Second Avenue
BACKGROUND
Rencently Jon and Roberta Holmerud applied for a building permit to construct a
second unit in the rear of 1132 Second Avenue. The cost of this construction
exceeds $10,000.00, consequently the condition to ~mprove Second Avenue with
sidewalk, curb, gutter and paving was imposed.
On June 13, 1986, Jon and Roberta Holmerud, applied for a deferral of this
requirement, as provided for in Section 12.24.070 of the City Code.
FINDINGS
1. An existing design standard for a right-of-way 84 feet wide with 32 feet
of paving from centerline together with curb, gutter, sidewalk and
adequate drainage is proposed for Second Avenue and is a part of the
City's 1986 design standards for collector streets.
2. A field check of the subject area, reveals 12 feet of paving on each side
of centerline, an 80 foot existing right-of-way, and a very irregular
cross section and longitudinal profile which creates the need for an
overall engineering design plan that would encompass the entire length of
Second Avenue from Naples to Emerson.
3. Any piecemeal improvements, such as the ones being imposed for this
project without the benefit of an overall engineering plan utilizing the
current design standard would be temporary in nature since it would have
to conform to existing conditions in order to function.
4. In the event that an overall engineering plan such as the one mentioned
above were currently available, a piecemeal improvement would be most
detrimental since it would not conform to existing grades and drainage
flows. It becomes apparent, from these findings, that not only does the
overall engineering plan need be available, but also the improvements must
be installed through out the entire length from Naples Street to Emerson
Street in order to function as a whole.
EXH;BIT "A " ,
John P. Lippitt -2- June 27, 1986
5. There have been similar deferrals approved for mid-block street
improvements throughout the City.
6. The following is an estimate of the improvements fronting the 50 feet of
frontage for the subject property.
a.) Grading $ 250.00
b.) Subgrade p~eparation lO00 square feet 330.00
c.) Base import 19 cy 28 tons 280.00
~. d.) Base preparation 470.00
! e.) Install 50 L.F. curb and gutter 550.00
~ f.) Install 50 L.F. sidewalk 250 square feet 675.00
g.) lO00 square feet of paving llO0.O0
h.) 600 square feet of overlay 330.00
i.) Tree trimming 150.00
j.) Haul - Lump Sum 160.00
k.) 1 standard driveway 1200.00
Total 5485. O0
10% Conti ngenci es 548.50
GRAND TOTAL $6033.50
~ Required bond $6100.00
CONCLUSIONS
It is more practical to delay these improvements until such time as:
1. An overall engineering plan is available.
2, The improvements can be installed in one phase from Naples Street to
Emerson Street.
3. The deferral of the requirement to improve Second Avenue w(th curb,
gutter, sidewalk and paving will not be detrimental or hazardous to the
general public.
John P. Lippitt -3- June 27, 1986
RECOMMENDATION
Based on the findings herein, I recommend approval of the deferral with the
following conditions:
1. It is further understood and agreed that Owner and/or his heirs, assignees
or successors in interest shall at such time as a 1911 or 1913 Act
petition is circulated, sign said petition and that said parties do hereby
waive all rights to protest in the event such a 1911 or 1913 Act
proceeding is instituted.
2. The deferral shall expire in three years or until an overall engineering
plan is available and improvements can be installed throughout the entire
length from Naples Street to Emerson Street, which ever occurs first.
3. Applicant shall bond for 110 percent of the valuation of these
improvements. Said bond shall be in the form of a cash deposit, or in
case of hardship, a lien against the property. A lien against the
property in lieu of a bond must be approved by City Council.
DA:pat/yc
(BI:HOLMERUD)
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 1/6/87
ITEM TITLE: Resolution ~7~ ~/ Approving deferral and lien agreement
with Jon and Robe~ta B. Nolmerud for the property located at
ll30 Second Avenue
SUBMITTED BY: Director of Public Works/City Engineer ~/~
REVIEWED BY: City Manager~ {4/Sths Vote: Yes No X )
The requirement to install public improvements at 1130 Second Avenue has been
deferred. A condition of approval of the deferral states that the owner shall
enter into an agreement with the City Engineer to the terms therein. Mr.
Holmerud has properly executed this agreement. It is now ready for Council
approval.
RECOMMENDATION: That the City Council adopt a resolution approving the
subject agreement and authorize the Mayor to sign it on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As a condition of the approval of a building permit to construct a second unit
in the rear area of 1132 Second Avenue, the owner was required to add street
improvements. A deferral was approved by the City Engineer on June 27, 1986,
because the improvements would have been piecemeal without an overall
engineering plan and would be detrimental since it would not conform to
existing grades and drainage flow. See letter dated June 27, 1986, attached
as Exhibit A.
Under the authority of Section 12.24.010 of the Chula Vista Municipal Code,
the owner was required to install curb, gutter and sidewalk. During the
process of acquiring the building permit, the owner submitted an application
to defer said improvements as provided for in Section 12.24.070. As a
condition of approval of the deferral, the owner is required to enter into an
agreement with the City wherein the owner agrees:
1. That he will cause said improvements to be installed within 30 days of
written notice from the City Engineer or within 3 years, whichever occurs
first.
2. To allow the City to place a lien against his property and foreclose said
lien as a mortgage in case the owner and his successors in interest fail
to install the improvements as prescribed.
Page 2, Item 11
Meeting Date-~F-~G-/l~-/-
3. That he may submit a cash deposit in the amount of $6100.00 to guarantee
the installation of said improvements, in which case the agreement will
not be recorded.
4. The amount of the lien shall be $6100.00.
5. That he will not protest the formation of the 1911 Act or other similar
proceeding to install improvements.
FISCAL IMPACT: Not applicable.
DA:nr/PD-O18
WPC 2515E
-/I5'y the City Council of
Chula Vista, California
Dated ~~ ~¢~2