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Home My WebLink AboutReso 1974-7411 , ., r "".1 " r':.V Clolk J," : ": '""dJ. ""', -'c.. :.' C. .::.c; ~ GS7 'C','. OJ 'F,t;; California 92012 1.1.1.,.1..,. > ~J I . 14t74 'i~-~~151 'I FILEt PAC:: NO, BOOK 1914 RECORDED REMIT Of . vf!:;) (JC ..~UtrITY CLERK ( Vf// ~~A 27 12 fH'l,.F'orm No. 3~ UG 02. At Rev.. 3/74 OFFICIAL RECORDS RESOLUTION NO. 'SAN D.EGOCOUITY.CALlF. 7411 HARUYF.ILOO"NO fCE: RECORDER ~ lease Return To: RESOLU'I'ION OF 'rIlE CITY COUNCIL OF THE CITY OF CHULA VIS'l'A, APPROVING ACEEEHENT BE,!"i'JEEN TIlE CITY OF CHULf:I. VISTA AND THOMAS P. AND OLGA HUN'l'INGTON FOR DEFERRAL OF PUBLIC ALLEY IMPROVEMENTS ADJACENT TO 230 THIRD AVENUE AND AUTHORI ZING 'l'HE MAYOR TO EXECUTE SAI D AGREEMENT The Clty Councll of the Clty of Chula Vlsta does hereby resoJve as follows: NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CI'I'Y OF C:IULA VISTA, a mun.Lc.Lpal corporatlon, and THOMAS P. l\ND OLGA HUNTINGTON, for deferral of public alley improve- ments adjacent to 230 Third Avenue, dated the 29~day of July , 19~, a copy of which lS attached hereto and .Lncorporatcd hereln, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista 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 t.he Hayor of the C.Lty of Chula Vista be, and he .LS hereby authorized and d.Lrected to execute said agreement for and on behalf of the City of Chula Vlsta, Presented by Approved as to form by /s/ Lane F. Cole ~i~ndb'erg, C'~ty / At/t---/. _^ne-y .- Lane F. Cole, Director of -'Public ~ Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA, CALIFORN lA, thiS , 'H-h day of 1\11'JUSt ' 19.2.4--' by the follOWing vote, to-wit: AYES: Councilmen Hyde, Scott, Hobe1, Hamilton NAYES: Counc.Llmen None ABSENT: Counc.Llmen Egdah1 /s/ Thomas D. Hamil tQIL- Jr. Hayor of the C.Lty of Chula Vlsta ATl'EST~ Jennie ji. Fu1asz Clty CleO; STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CllULA VIST1\) I,. JENNIE_.H. FULASZ ' Cl ty Clerk of the C 1. t.y of Chula V l.st,3., Cull fc'rn la, DO I:EI\EI3Y CERTIFY tha t the above .L5 a i llll, truE':and correct cony of Ecsolut.Lon No. 7411 , and that the [-;ame h~L3 not been amend c'r .ccpc.:cd.c(}. DAT.f;D ~&t 13, 1974 _~______.__ .t/;.., // J~NNIE/)'P~. s. Z, c~ ty Clerk B~-r/' (d::J4~4.L~A (/~~'P- &(/ .----. ( . Deputy C.Lty Clef. "--'-"--.--- I -! if lLf75 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEllliNTS ON THE PROPERTY O~1NED BY THOMAS P. AND OLGA HUNTINGTON, LOCATED AT 230 THIRD AVENUE IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVE- MENTS THIS AGREEMENT, made and entered into this 29th day of July , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and THOMAS P. AND OLGA HUNTINGTON, P. O. Box 849, Chula Vista, Cali- fornia 92012, hereinafter referred to as "Property Owners"; WIT N E SSE T H . WHEREAS, as a condition of approval of Tentative Map 7-74, the Property Owners are required to improve the alley adjacent to the subject parcels, being Parcels 1 and 2, to be created by said tentative parcel map, and WHEREAS, it is desired by Property Owners to defer the installation of said improvements until such time as the entire alley is to be improved. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree to install the half width of the alley behind Parcel 2, known as 230 Third Avenue, in the City of Chula Vista with 6" thick PCC pavement of alley at the esti- mated cost of $600. 2. For the faithful performance of the promises and covenents herein contained, Property Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owners, their successors, heirs, assigns or transferees, fail to to install or construct said im- provements 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 contractor 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 Owners, their 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 many foreclose said lien, as provided by law for the foreclosure of mortgages, and Property Owners agree that the amount of said lien includes 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 improve- ments, and foreclose said lien in said amount. (c) Foreclose said lien as a mortgage. - 1 - ~7t/// 14tj6 (d) Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owners, their heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. 3. At any time during the period herein provided, Property Owner, their heirs, assigns or transferees, may make a cash deposit with the 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 agreement, then said agree- 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 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 improve- ments and the amount of this lien is the sum of $600.00, and said 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: 6" thick PCC pavement of alley $600.00 5. It is further understood and agreed that Owners and/or their 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. IN WITNESS l~EREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Property Owners ~' l ~~/;::.J OlgO untington / Approved as to form by IVL /) / TO ..., CA '..""1 (Individual) ~'IHSURANCE iiPlAND TRUST STATE OF CALIFORNIA San Diego COUNTY OF } 55. A nCOR COMPANY tOn Jul y 29, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas P. and Olqa Huntinqton \II II: \II X \II .J ~ to be the person _ ~ whose name S ti to the within instrument and acknowledged that ! executed the same. , known to me subscribed they OFFICIAL SEAL BETTY J. RUSK ~ NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY \ MY:~~~::~~:"-:~I'dr:_C:_19Ib r _.-._'-.......---...,.---....,.-""""""-...,---.r~~~ WITNESS my ha~nd official seal. tJ ..~ .'1 Signature tll~...e.... /,f r / , Betty J. Rusk /.., /.: I i ? _ r;..c.s _/ Name (Typed or Printed) (This area for omcial notarial seal) .-~ - iC1t!1/ /1 Form No. 3 4 2 Rev, 3/74 RESOLUTION NO. 7411 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THOMAS P. AND OLGA HUNTINGTON FOR DEFERRAL OF PUBLIC ALLEY IMPROVEMENTS ADJACENT TO 230 THIRD AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The C1ty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE 1'1' RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporat1on, and THOMAS P. AND OLGA HUNTINGTON, for deferral of public alley improve- ments adjacent to 230 Third Avenue, dated the 29th day of July , 19--H-' a copy of which is attached hereto and 1ncorporated herein, the same as though fully set forth herein be, and the same is hereby approved, BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista 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 1S hereby authorized and d1rected to execute said agreement for and on behalf of the City of Chula V1sta, Presented by Approved as to form by ~1~ Lane . ole, 1rrrector of Ptrrtlic Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thlS 13th day of Auqust ' 192i--' by the followlng vote, to-wit: AYES: Councllmen Hyde, Scott, Hobel, Hamilton NAYES: CouncLlmen None ABSENT: Councilmen Egdahl ATTEST ~J$..~9L- Hayor of the C1ty of Chula Vista STATE 0 CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) , C1ty Clerk of the Clty that the above 1S a full, , and that the same has I, of Chula Vlsta., Callfornla, DO EEREBY' CERTIFY true and correct cooy of Resolutlon No. not been amended or repealed. DATED City Clerk