HomeMy WebLinkAboutReso 1986-12763 RESOLUTION NO. 12763
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FINAL ALLOCATION OF
COSTS AND REIMBURSEMENT AGREEMENT FOR THE
SOUTHWEST CORNER OF BONITA ROAD/E STREET
The City Council of the City of Ci~ula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
directed its staff to proceed with the formation of the Bonita
Road/E Street reimbursement district, and
WHEREAS, the City Engineer has notified the property
owners within the Bonita Road/E Street reimbursement district
boundaries that the proposed areas of benefit of the costs to be
reimbursed from such property owners, the basis for the cost of
public improvements and the estimates of the assessments which
the owners of each parcel must pay upon its development, and
WHEREAS, the City Council of the City of Chula Vista has
held a public hearing following written notice to the property
owners within the proposed Bonita Road/E Street reimbursement
district boundaries, all in the form prescribed by Chapter 15.50
of the Chula Vista Municipal Code, and
WHEREAS, the City Council of the City of Chula Vista has
considered all objections, protests and testimony presented at
such public hearing by and on behalf of affected property owners,
and
WHEREAS, following due deliberation upon the
recommendations of the City Engineer and the co~)sideration of all
protests to the reimbursement charges, thw City Council of the
City of Chula Vista has directed the City Engineer to proceed
with the formation of the Bonita Road/E Street reimbursement
district, the preparation of the final allocation of costs,
constituting the statement of reimbursement charges to be paid by
the owners of each benefitted property within the reimbursement
district upon the issuance of a building permit or an application
for subdivision of land and has directed the City Engineer to
prepare for Council consideration a reimbursement agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista that:
1. The Bonita Road/E Street reimbursement district is
hereby established encompassing the real property more
particularly described in Exh£bit "A", which exhibit is
incorporated herein by reference.
2. The final allocation of costs is $17,970.06 which
sum shall constitute for all purposes the reimbursement charges
established against the owners of the properties described.
3. The City Clerk is authorized and hereby directed to
record this resolution and the attached final allocation of costs
with the office of the County Recorder of San Diego County
pursuant to the ownership of record of the affected parcel
(Assessor's Parcel No. 570-1320-24 presently owned by Will and
Karen Gardner and John Gardner) within the area of benefit as
shown on the last equalized assessment roll for the purposes of
providing notice of the charges assessed against the parcel to
the owners, theirs heirs, successors and assigns.
4. The reimbursement agreement between the City of
Chula Vista and Will Gardner, Karen Gardner and John Gardner,
dated the 7th day of October , 1986, for the
reimbursement to the City for street improvements, be, and the
same is hereby approved.
5. The Mayor of the City of Chula Vista is hereby
authorized and directed to execute on behalf of the City of Chula
Vista the reimbursement agreement attached hereto as Exhibit "B"
and incorporated herein by reference as if set forth fully
providing the method by which reimbursement charges collected
from the benefitted property shall be repaid to the City.
5. The Director of Building and Housing is hereby
authorized and directed to collect prior to the issuance of
building permits $17,970.06 plus seven percent (7%) simple
interest per annum from July 8, 1986 from the owner of Parcel No.
570-1320-24 or their heirs, successors and assigns.
6. The Director of Public Works is hereby authorized
and directed to collect said reimbursement charge at such time as
the land is subdivided and/or developed.
Presented by Approved as to form by
Li or of , T~mas J. Har~o~, City Attorney
~/~blic Works/City Engineer ~ 4//
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 7th day of. October
19 86 , by the following vote, to--wit:
AYES: Councilmembers Campbell, Moore, Cox, McCand]iss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
Halcolm
ABSENT: Counci lmembers
Mayor City of Chula Vista
,,' / /(? . /
,~/ -' City Cler~
~,ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12763
,and that the same has not been amended or repealed
easereturnto: 86 5 60,79
Jennie Fulasz
P.O. Box 1087
Chula Vista, CA ~---RECORDED
~ EIC , ~- ~OR~ S
WILL GARDNER, KAREN GARDNER AND JOHN GARDNER
FOR THE REIMBURSEMENT TO THE CI~ ~R2~E~: 30
IMPROVEMENTS
THIS AGRDDMDNT~ ~s made and entered into this
day of October, 1986, by and between THE CITY O~ CHgLA VISTA,
municipal co~po~ation, hereinafter called "City", and WILL
GARD~DR~ KAREN GARDNER and JOHN GARDNER: he~einafte[ called
"Owners", 1497 Jayken Way, Suite B, Chula Vista, California 92011;
W I T N D S S D T H :
WHEREAS, the City has installed street improvements
adjacent to vacant p~ope~ty located at the southwest co~ne~ of
the intersection of Bonita Road and "D" Street, and
WHERDAS~ the actual cost of the improvements was
~17,970.06, and
WHEREAS, Owne~ has been benefited by ~hese improvements
in that thei~ p~ope~ty has been benefited (Assessor's Parcel No.
570-130-24), and
WHEREAS, the cost to the City fo~ the installation of
said improvements shall be ~ecove~ed via the fo=marion of a
~eimbu~sement district, pu~s~ant to Chula Vista Municipal Code
Chapte[ 15.50.
NOW~ THDREFORE~ THE CITY AND O~NDR AGREE AS FOLLOWS:
1. Attached hereto and incorporated herein is the
itemized cost for the improvements installed by the City,
adjacent to Owner's property at the southwest corner of the
intersections of Bonita Road and "E" Street. Said cost of
improvements was $17,970.06 on July 8, 1986, the date the public
improvements were accepted by the City Council. Owner agrees to
reimburse the City for the cost of said improvements upon the
development of their property, pursuant to a request for a
building permit or an application for subdivision of land.
2. Owner agrees that the amount of reimbursement will
be the cost, $17,970.06 plus seven per cent (7%) simple interest
per annum from July 8, 1986.
3. Notwithstanding the above provisions, this agreement
shall terminate on October 7, 2006.
-1 - ~
4. Owner understands that the reimbursement to the City
is in addition to all other exactions, dedications and/or City
laws in effect at the time Owner seeks to develop property.
IN WITNESS WHEREOF, this agreement was executed the day
and year first set forth hereinabove.
THE CITY OF CHULA VISTA OWNER:
/. C-~ ~ill ~ardn~.r
Mayo of Chula
Vista~ City
A t t~/~_~/ ~~
City .
K~ren Gardner
Approved as to form by ~r/d~ne~~
A"~sistant Cfty Attorney
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STATE OF_ CALIFORNIA
COUNTY OF SAN DIEGO i ss
0N __Octob~e__r 7 ]986
before me, the undersigned, a Notary Public i. and for said State, personalli appeared
Will Donald Gardner. Karen Gardner and John W. Gardner.
to be the perso,s- wbose nameS-- are _subscribed to the within I,$trame,t.
~~'~ amd ackmowledged to me t~at ~he~ executed the ~me.
,..~- . WITNESS my hand and official seal
Notary Public in and f~aid State.
ACTUAL COST FOR IMPROVEMENTS BUILT ADJACENT TO PARCEL 570-130-24
Unit
No. Item Quantity Unit Price Amount
1 6" PCC curb & gutter 189.13 L.F. ~ 10.00 ~ 1,891.30
2 4" PCC sidewalk 215.10 S.F. 2.75 591.53
3 4" PCC sidewalk 108.50 S.F. 2.75 298.37
4 Asphalt concrete
paving 75.13 Ton 60.00 4,507.83
5 Processed misc. base 163.89 Ton 15.57 2,551.77
6 4' type "C" inlet L.S. L.S. 2,500.00 2,500.00
7 18" RCP - 1350D 20.00 L.F. 57.00 1,140.00
8 Traffic control L.S. 1500 L.S. 1,500.00
9 Excavation & disposal L.S. L.S. 2,989.29
Total Cost ~17,970.06
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