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Home My WebLink AboutReso 1974-7409 74-228760 I., . '" ,." - . \{. /' I~J? BUOK 1974 :,: :~(;;Jn8E~REOUEST OF ~.ijJt.Jii,TY CLERK I~UG LL 9 11 M~ .'/4 1802 Form No. 312 Rev, 3/74 O:,:ICI^... RECllRD..s :,~~DIEGOCOUNT~!&gFJ.UTION NO. 7409' HA~L"~O'ffP'M RESOLUTION OF THE CITY COUNCIL OF rrIm CITY OF CHULA VISTA, APPEOVINC, AGREEMENT BETWEEN TIm CITY OF ClIULA VISTA AND MARK AND 1'1USIA FISHAUF FOR THE DEFERRAL OF PUBLIC IHPROVEMENTS AT THE NOR'l'HEAST CORNER OF THIRD AVENUE AND "K" STREET . AND AUTIIOIUZING TUE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BS IT RESOLVED that that certa1n agreement bet:ween T!lE CI'I'Y OF ~=CJULA VIS l'A, a munl.C Lpal corpora t1on, and tI..ARK AND !.1USll\ FISHAUF, for the deferral of public improvements at the northeast corner of Third Avenue and "1(11 Street,. datcc'i' the ~..:Q_th_(lay of _J111y , 19-1A-.' a copy of which is attached hereto and 1ncorporated here1n, the same as though fully set forth herein be, and the same 1S hereby approved. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to record said lien in the office of the San Diego County Recorder. . BE IT FUR'rEEl{ RESOLVED that the Mayor of the Cl. ty of Chula Vista be, and he 1S hereby authorized and dlrected to execute said agreement for and on behalf of the City of Chula Vls~a, Presen~ed by Approved as ~o form by /s/ LANE F. COLE Lane F. Cole, Director of ~ublic Works C1ty CI TY OF Cf;ULA , 19.z.L.-, by ADOPTED AND APPROVED by the CITY COUNCIL of the VISTA, CALIFORNiA, t:hl.s 13 day of August the follow~ng vote, to-wit: AYES: Councilmen Hyde, Scott, Habel, Hamilton NAYES: Counc11men None ABSENT: Councilmen Eqdahl /s/ THOMAS D. HAMILTON, JR. Mayor of the C1ty of Chula Vlsta ATTEs'r /s/ J:EN.N.IF. M. FUT.ASZ Cu::y Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55. CITY OF C!IULA VIS TA) I, T' l\Il '[;'l 1 ' C1ty Cl.erk of d1e Clty ____.......enn~e j.',I...--J;;U asz - 1 V Lna, Cal L~:('rrlLa, DO I:CRCB1' cErfrIF['t}la t the above lS a l' \11., c(~.rrect cony ('If ResclutJ.on NO'_--24.J).R-.__' and that the S<1Ine has ndcd ('1- rcpealccl. DATED_____ '.Augllflt l~~ ...l9..'ZA-_.____ .tIJn ~'~~~--rr .L{/ity~rt'~~oC_- l'( 7'-/01 of Chula .J..b(JJ AGREE}lliNT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IHPROVEMENTS ON THE PROPERTY OVJNED BY r.,[ARK AND MUSIA FISHAUF, LOCATED AT 795 THIRD AVENUE IN THE CITY OF CIIULA VISTA THIS AGREEHENT, !:lade and entered into this 30th day of July, 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and MARK AND MUSIA FISHAUF, husband and wife, hereinafter referred to as "Property Owners"; WIT N E SSE T H . ~mEREAS, on May 10, 1974, the Planning and Engineering Departments approved Tentative Parcel Map 6-74 for property located at the northeasterly corner of Third Avenue and "K" Street (795 Third Avenue) in the city of Chula Vista, and WHEREAS, said approval was subject to several conditions including Condition No. 6 thereof which read as follows: The subdivider shall reconstruct the curb return at the northeast corner of the intersection of Third Avenue and "K" Street. Curb return shall have a radius of 30 feet. Reconstruction of the curb return shall include but not be limited to pavement, curb and gutter, sidewalk, relocation of traffic signal and appurtenances and relocation of utilities. Construction of required improvements shall be com- pleted prior to approval of the final parcel map by the City in accordance with Section 28.1001 of the Chula vista City Code. and WHEREAS, Property Owners desire to defer the installation of said improvements as set forth in said condition and City agrees that said installation in the interests of economic feasibility and proper improvements of the total area should be deferred. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Owners agree to install certain public improvements as set forth in Condition No. 6 of that certain Tentative Parcel Map 6-74 for property located at the northeasterly corner of Third Avenue and "K" Street (795 Third Avenue) in the City of Chula Vista, which improvements and cost estimates are as follows: Relocation of fire hydrant Relocation of power pole Relocation of underground tele. manhole Relocation of traffic light Removal of curb and gutter, 31 LF @ $5.85jL.F. Removal of sidewalk, 148 S.F. @ $2.00jS.F. New curb & gutter, 47 L.F. @ $4.00jL.F. New sidewalk, 236 S.F. @ $0.82jS.F. Paving & preparation of subgrade, 200 S.F. @ $1.00jS.F. Sub Total Engineering plans, preparation and construction staking Sub Total Contingencies Grand Total $ 750.00 400.00 1,000.00 2,500.00 181.35 296.00 188.00 193.52 200.00 $ 5.708.87 600.00 $ 6,308.87 691.13 $ 7,000.00 Said improvements shall be deferred until the surrounding area is ready to appropriately be improved. - 1 - 7f7~or it Form No. 3 4 2 Rev,. 3/74 RESOLUTION NO. 7409 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARK AND MUSIA FISHAUF FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS AT THE NORTHEAST CORNER OF THIRD AVENUE AND "K" STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the Clty of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CITY OF CHULA VISTA, a munlclpal corporation, and MARK AND MUSIA FISHAUF, for the deferral of public improvements at the northeast corner of Third Avenue and "K" Street, dated the 30th day of Julv , 19~, a copy of which is attached hereto and lncorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to record said lien in the office of the San Diego County Recorder. BE IT FURTHER RESOLVED that the Mayor of the Clty of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vls~a, Presented by Approved as ~o form by ~ p2;lC? /} .. p .,_l4 ., C~--c."'._' l. . .. ;, Lane F. Cole, Director of :Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNiA, thls 13 day of August , 19~, by the followlng vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton NAYES: Councllmen None ABSENT: Councllmen Egdahl Mayor of the Clty of Chula Vlsta ATTES'T Clty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 58. CITY OF CHULA VISTA) , City Clerk of the Cl~y that the above is a full, , and that the same has I, of Chula Vlsta, CalL~ornLa, DO IIEREB~ CERTIFY true and correct copy of Resolutlon No. not been amended or repealed. DATED Cl ty Clerk -LV'''' ...J. 2. Owners agree to deposit an appropriate security arrangement with the City of Chula Vista in the amount of SEVEN THOUSAND DOLLARS AND NO/CENTS ($7,000.00) to cover the cost of the installation of said improvements. 3. Owners agree to forthwith install or caused to be installed said public improvements upon written notice from the Director of Public Works of the City of Chula vista at such time as the surrouning properties install complementary improvements. 4. Owners, their heirs, successors or assigns do hereby waive their right to protest in the event that a 1911 Act or similar proceeding is initiated for the purpose of installing public improve- ments of the nature defined herein of all of the properties in the vicinity including those improvements required for Owners' property. 5. Owners agree to dedicate to the City additional right of way as may be required for the construction of a 30 foot curb return at the intersection of Third Avenue and "K" Street in accor- dance with plans and specifications to be developed by the City of Chula Vista. 6. City agrees to approve Tentative Parcel Hap 6-74 in consideration for the above agreements by Owners. 7. It is further understood and agreed that said improve- ments shall be deferred for a minimum period of two (2) years from the date of execution of this agreement. 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 O\;JNERS ~~~rl!lI/~,% c-~f Mayor of the Clty of Chula VlS a 'Mark Fishauf ~ ~ . ~ ~ J ATTEST ~ ~ / /J ' ci ty Clerk I //#-td/ CZ /' !A[Z ~ Ie Mu la Flshauf / / $~~ . City Attorney (Attach Notary Acknowledgment) "","~ ;: "r.;, .. ,i- a ;j STATE OF CALIFORNIA. } COUNTY OF ~~ '&A..c.s'G 55. On ~1 ,'3- 0/ 191 i before me, the undersigned, a Notary Public in and for said Cf)nty and State, pers,ort .appeare!i_c :;:-~ h V+/J /..( I (}..,--YL> / LlS.1f- I' . FOR NOTARY SEAL OR STAMP . ---------- " - - - - ifEf~ OFFICIAL SEAL <r~f~:(. MILTON MILKES ,.:-~~~<\~\ ~J1';"'~i NOTARY PU BLle CALIFORNIA "W-g,;;1i~i PRINCIPAL OFFICE IN -; Ji~~;Y/ SAN DIEGO COU NTY My Commission ExpiiCS May 23, 1977 ~ - " , known to me to be the person --S--- whose name .:> subscribed to the within instrument and acknowledged that .,.A I;; r executed the ~m', 1/IIfY-J bnu 1),1 ~ ldz "'~ j It! i L-rr~ t-J. ,IV?,/..- f<, E"c::., Name ( yped or Prmted) Notary Public in and for said County and State ~ .. a in - 2 - /L I~Or