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Home My WebLink AboutReso 1974-7441 1650 )l> \'"\', _'.r r~.t! Irn To: '~ '~.' '_ ~ :. '\...., . 00flI , 1 ~ ~llr 1:;11b~7, Ci~T Clerk ('pl1.t 0'1" . ", 1 (11")...,- 1', t). \ ,;:'1{ ,veil " C"":: .;., 92012 "1 1 lIe", ..L.o,,-n~.. ',~.ll\.,l ' ., - Form No. 342 Hev. 3/74 RESOLUTION NO. 7441 RESOLu'rrON OF THE CI'l'Y COUNCIL OF THE CI'l'Y OF CIIULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DE. TElmy T. AND NAOMI 'rl\NAKI\ FOR TIlE DEFEHI:u\L OF THE INSTALLATION OF CERTAIN PUBLIC II1PROVEMENTS ON THE PHOPERTY LOCATED Nf 212 CHURCE AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID l\GREEMENT The City Council of the City of Chula Vista does hereby resolve as follows~ NOW, THEHEFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a mun1cipal corporation, and Dr. Terry T. and Naomi Tanaka for the deferral of the installation of certain public improvements on the property located at 212 Church Avenue dated the 23rd day of August ,1974 , 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 P.ESOLVED that t.he Mayor or the City 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-' Lano P. Cole Lane F. Cole, Director of Public Works t:;C1P '-_______/ ~4 , ~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA, CALIFORNIA, thls 3rd day of September , 19~, by the followlng vote, to-wit: AYES: Councilmen Hyde, Scott, HaIIi 1 ton NAYES: Counc1lmen None ABSENT: Councllmen Hobel, Eldahl:~~ Mayor of the C1ty of Chula VLsta A'rTES'r 151 Jennie M. Fulas& C1ty Clerk STATE OF CALIFORNIA} COUNTY OF SAN DIEGO) SSe CITY OF C!IULA VISTA) I, JENNIE. 1.(. rULASZ , Clty Clerk of the C.Lcy of Chula V .LS ta, Cal J.fornla, DO I:EREBY CERTIFY tha t t.he above 15 a f nl J , true and correct copy of Resolut,lon No. 7441 , and that the sam(~ 1'1,1:'; not, beQn Gi'ncndcd or r.E~pealed. DATED ___~pt'iao:.-er ~, 1974 (-) . L/~ ~ --/~., <ltfANt~ /L6~k<<~~ 7IJLjl TO U" CA (4."81 (Individual) STATE OF CALIFORNIA COUNTY OF Sa Y'l tOn -Bq~ Vl-S" t State, personally appeared -ra~ 1) Ie 90 ...I L3 I Iff?'! 1Jy. T./, } 55. .' .' 'ftn..E INSURANCE AND TRUST A nCOR COMPANY before me, the undersigned, a Notary Public in and for said -{, r~~ ~ 'yJ~~ , ... II:: ... X ... ..J ~ to be the person _~ whose name oS I- l/I to the within instrument and acknowledged that ! executed the same. , known to me subscribed -rh ~y WITNESS ~"d .ffi"., ~.1. ~ Signature ~ C2 r ,?/ . j?('/iTt ,j ~ 1: (,{ S K N e (Typed or Printed) OFFiCIAL SEAL BETTY J. RUSK NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyCommission Expires Mar. 6. 1978 (This area for otncial notarial seal) 1651 AGREEHENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OmmD BY DR. TERRY T. AND NAOMI TANAKA, LOCATED AT 212 CHURCH AVENUE IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 23rd day of August , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and DR. TERRY T. and NAOMI TANAKA, 276 Church Avenue, Chula Vista, California, hereinafter referred to as "Property Owners": WIT N E SSE T H : WHEREAS, Property Owners have applied to the Planning Commission of the City of Chula Vista for an exemption to the provisions of Section 27.504 of the Chula Vista City Code, in accordance with the requirerrlents and conditions of Section 27.507 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 27.507 provides that if the Planning Commission, in its 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 Planning Commission, upon finding that grounds for said exception from the requirements of Section 27.504 were reasonable and were in conformance with the requirements of Section 27.507 for said exemption, may grant said exemption, which may be limited to a specified period of time, and WHEREAS, the Planning Commission, on May 22, 1974, did grant said request for an exemption to the provisions of Section 27.504 on the conditions set forth hereinafter, for the alley at the rear of 212 Church Avenue in the City of Chula Vista, more particularly described as Lots 18 and 19 of Ratcliffe Tract, according to Map thereof No. 1438 recorded in the office of the San Diego County Recorder on Hay 11, 1912, and known as Assessor's Parcel Numbers 568-071-08 and 568-071-09, and did find that the grounds for said request for an exemption were reasonable and were in conformance with the requirements of Section 27.507. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Property Owners, Dr. Terry T. and Naomi Tanaka, in lieu of making the improvements specified herein, agree, covenant and promise that they will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days of written notice from the Planning Commission to install said improvements. 2. For the faithful performance of the promises and cove- nants 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 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: -1- 7271fW 1652 (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, inmediately upon completion of said improve- ments, 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 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. (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 proceedings. 3. At any time during the period herein provided, Property Owners, 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 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 improve- ments and the a~mount of this lien is the sum of $3,500.00, and said work shall be done in accordance with plans and specifications on file in the Office of the Director of Public Works, and shall consist of that work specifically deferred by the action of the Planning Com- mission of the City of Chula Vista, as follows: 6" thick P.C.C. Alley Paving, 1000 S.F. $2,000.00 500.00 2,500.00 Earthwork, L.S. Engineering plans preparation and construction staking 500.00 3,000.00 Total Cost 500.00 $3,500.00 Contingencies 5. It is further understood and agreed that Owners and/or their heirs, assignees or successors in interest shall at such time -2- ~7~~ 1653 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 WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA _ T~ Ow:r ./ Tanaka, ~ ayor o~ the C1ty of Chula V s a ATT~~.T~~l~/ .pJC,;ifJ~ / C1 ty Clerk . ,/ I / i.../ ~~t~ City Attorney -3- ~.74-247274 :; UK 1974 ,~:f\- D REOUEST OF I (1/1!1 OF CI/-U LA VkJ~ SEP I I 12 34 r H "4 OFFICIAL RECORDS SMI OIEGO COUNT Y. CALIF. HARLEY F.BLOOM RECORDER --'''-~'' r: -.. - /i'J/ /.1 .- ,.~, . / 1 1/ NO Fft Form No. 342 Rev. 3/74 RESOLUTION NO. 7441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DR. TERRY T. AND NAOMI TANAKA FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY LOCATED AT 212 CHURCE AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certa,ln agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Dr. Terry T. and Naomi Tanaka for the deferral of the installation of certain public improvements on the property located at 212 Church Avenue dated the 23rd day of August , 19~, 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 lS hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vlsta. Presented by Approved as to form by ~)4~- Q.~~ ~~Lane F. Cole, Direct~ of Public Works ADOPTED AND APPROVED by the CITY COUNCIL VISTA, CALIFORNIA, this 3rd day of September the followlng vote, to-wit: of the CITY OF CHULA , 191!-, by AYES: Councilmen Hyde, Scott, Hamilton NAYES: Councllmen None ABSENT: Councllmen Hobel. Egdahl ~p.~LC) (",,"7 . <), . !layor of th Ci'ty of Chula VLsta ATTES'T,/JibJ/?U// '} ~ / Citv Clerk , J. c-/ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) , City Clerk of the Clty that the above is a full, , and that the same has I, of Chula Vista, Callfornia, DO HEREBY CERTIFY true and correct copy of Resolutlon No. not been amended or repealed. DATED .Ci ty Clerk