The URL can be used to link to this page

Home My WebLink AboutReso 1974-7447 -'I R . .~, I .., 1 ~ ". --\,.. ,"" , " l ~ .'. ,'1' .....~~"'~~(.......' .. ~:'...L.':,,! '..' 84 /' t..; _ . " .,' fJ{-J ~(,.- ) Form No. 3~r-/ Rev. 3/74 I ! I ~ f l ~ f t t I t ~ I I [ Jennie T,[ I,!h/, C,\ C,:k , ' \ P. 0. l,":~ l(\'P ~--l_V' C1'( , "(") L.4&uu Ista, .u.uO.t'IU'" :" -hL" RESOLUTION NO. 7447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN TEE CI'rY OF CHULA VISTA AND ANTHONY J. COSTELLO AND THOMAS LEWIS FOR THE DEFERRAL OF THE INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO 138 MINOT AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Counc~l of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CITY OF CIWLA VISTA, a mun1.c1.pal corporat1.on, and ANTHONY J. COSTELLO AND THOMAS LEWIS, for the deferral of the instal- lation of public improvements adjacent to 138 Minot Avenue, dated the 29th day of August ., 19 74 , a copy of whlch is attached hereto and lncorporated hereln;-the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the C~ty of Chula Vista be, and he 1.S hereby authorized and d~rected to execute said agreement for and on behalf of the City of Chula V~sta. Presented by Approved as to form by /s/ LANE F. COLE Lane F. Cole, Director of Public Works "~/ Lindberg, City Atto~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CRULA VISTA, CALIFORN LA, th1.s 10th day of S~pt~lllbQr ' 19'Z.!-, by the followlng vote, to-wit: AYES: Councilmen S('ott, !-lob~l, Ihmilton, Hydo, Egallh1 NAYES: Counc~lmen None ABSENT: Councl1men Absent /~/ THOMAS n ~1~O~ T~ 'J . ", ' Hayor of' the C1.ty 0 u a - ista ATTESyjz7~ 'i2;~L~ '/ .. Cl.ty ClerK () C.../' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) S5. CITY OF CIWLA VIS rA) I, .Jenni P. M FlIl ::l,?Z ' Cl ty Clerk of the C 1 t.y V.lstp,Cal~~0rn~a, DO I;EEEBY CERrU;Y tllat the above 1.8 a full, .c~Yi'd~t'.J~c,ony of Hcsolut.lon No. 7447 ,arid that the same has ampnp.:~;ctc;;l;',; repealed. DATED Sephmh~r 10~ 1974 1 . /' ..... ;It11V)~t.:14~;0 u 'l~ / x7f/LJl ...:~:i:,'.:"'"~"~~~;,'::\~ ,;'~:::~, '. ,:,:'<~-';\, of Chula true and. not heGn :; " ;;(0~Y?ll!ffc;t .~ \;;,'.>~;.{:.:~ ,~:.-,....~ ;:;';"<:;\"' );i,~':,~ .,.-: ~~~" or , 'J;; ',,,./ 85 AGREEI1ENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY ANTHONY J. COSTELLO AND THOMAS LEWIS LOCATED ON THE UNNAMED STREET (NOW KNOWN AS A PUBLIC ALLEY) BETWEEN SECOND AVENUE AND MINOT AVENUE SOUTH OF "D" STREET IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMl'ROVID'iENTS THIS AGREEMENT, made and entered into this 29th day of August, 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and ANTHONY J. COSTELLO and THOMAS LEWIS, 542 Patricia Avenue, Chula Vista, Cali- fornia 92010, hereinafter referred to as "Property Owners"; WIT N E SSE T H : WHEREAS, as a condition of the approval of Tentative Parcel Map No. 3-74, the Property Owners are required to install certain public improvements more particularly described herein- after, and WHEREAS, it is desired by Property Owners to defer the installation of said improvements until such time as the entire street 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 following improvements adjacent to property shown on Tentative Parcel Map No. 3-74, dese-ribedas'Assessor"s No'. ':566-300-15, : at the esti- mated cost of $2,600. 2. For the faithful performance of the promises and covenants 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 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 by 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 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. - 1 - 86 (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 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 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 peformed and the cost of said improve- ments and the amount of this lien is the sum of $2,600.00, 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: li 1. Type "G" curb & gutter, 66.6 L.F. 2. Sidewalk, 333 S.F. 3. Driveway approach, 135 S.F. 4. A.C. pavement, 1,099 S.F. 5. Roadway excavation, lump sum Contingencies $ 233.10 299.70 155.25 494.55 600.00 $1,782.60 232.40 $2,015.00 585.00 $2,600.00 Engineering preparation of plans and staking Total Cost 5. It is further understood and agreed th~t 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 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~vners (... Hayor ! C. the ~l)) of Chula lsta ATTE.S TV(?VJZ<</ ~l~ /// . Cl ty Clerk APp~ed as to form by (;tI? a~ ~~neY' ~~> (Attach Notary Acknowledgment) - 2 - )?7VV-J 'STATE OF CALIFORNIA ~ COUNTY OF San Diego ~ < On September 11, 1974 _' before me, the undersigned, a Notary Public in and for 8 THOMAS D. HAMILTON, IR., ~ j.:: ~ .. .~ II> E <( }ss. 87 said State, personally appeared known to me to be the Ml'IynT' PreSident, and .TFNNTF M FIlT.AS7. known to me to be the City Clerk ::sicie&..v-of the corporation that executed the within instrument, and known to me to be the persons who executed the within - Ii. instrument on behalf of the corporation therein named, and ac- 1: ~ .. o 0. o 1 ?' E o u.. knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. OFFICIAL SEAL PAMELA A. HANNA NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires April 25. 1976 WITN~~"d om,I" q,l. 51,00'''' vM c?.A~.<) \F' _-_- -- -- ---- ------ ------ ---- ------ -- ----...- -- ---~----- ----- -; . .~ p AMPJ.A~.. w,Nt>lA - Name (Typed or Printed) ~ rr-'. -.---- .- (This area for official notarial seal) TO 447 CA (4-73) (Individual) ,. TITLE INSURANCE :=II! AND TRUST t STATE OF CALIFORNIA COUNTY OF S'o () On fJ l1 3 il s: I 2--- ~. It( 1lf before me State, personally appeared It t1 rho YI i J ' ~On1q;<\ LeW1S .:]) ( e..J CJ } SS. A TICOR COMPANY the undersigned, a Notary Public in and for said Cosre/lo -r III 0: III X III .J ~ to be the person _ L whose name S ... UI to the within instrument and acknowledged that t executed the same. , known to me subscribed -r1t e- y OFFiCIAL SEAL BETTY J. RUSK NOTARY PUBLIC-CALIFORNIA SAN o:nJ) C~~'NTY,... I My Co ,n" ~s<'.'",~',;;.~,.r '~:~~.:,-~..:3,~:)( WITNESS (This area for otftciat notarial seal) , , . .. .. ' .. .. . 'U\ h"C:f.-1' P"Sr.'J \~) . PROJECT . -o-sr:~?:, , , '" , , ' ,.,' ,.t.) il. :,iil !ii ~ "I: Q. t: ~ .... ... ... 'q ~t:" 51: ~ "{ J.. ~ ~ tr---' I VICINITY MAP" a:::.=.- _ __ ::..;;: NO .sCAU: ~ 'I{ :-;r " 88 74-250974 FILE/PAGE ~G. BOOK 1!14 REOORDED REoye~T ~F. ~~!.iltclD' ~LERK SEf 11 a ~a AM t 1 ~ OFfiCIAl. 6!'~~lj SAN ft~lr"wb'F: NO FEE LO-r , . Lo-r ......) ......) v'-.....J LOT 32 ~) J o ~.I. Lo-r 24' 30 . f ....---.\ . -I;" /A/I.!) >- '!j ;..J ~ "Jo.;. : 1iil 1'liE'j LI .. "'-1 1, 11"""'~""~ ") Ll ~_~ :~ ~: :.: ~n \ ': 11111 Form No. 342 Rev, 3/74 RESOLUTION NO. 7447 f RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND ANTHONY J. COSTELLO AND THOMAS LEWIS FOR THE DEFERRAL OF THE INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO 138 MINOT AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The C1ty Council of the C1ty of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ANTHONY J. COSTELLO AND THOMAS LEWIS, for the deferral of the instal- lation of public improvements adjacent to 138 Minot Avenue, dated the 29th day of August , 19 74 , 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 0 BE IT FURTHER RESOLVED that the Mayor of the C1ty 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 /~~, . George D. indberg, City Lane F. Works Attorn ADOP'TSD AND APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA, CALIFORN LA, thlS 10th day of September , 19~, by the followlng vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councllmen None ABSENT: Councllmen None ~J9..~~Q ~/ . . . ./ nayor of the Clty of Chula ATTES1 .-7vnd. (Z;\.~/~LU;7/ / Clty ler~ (../ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS. CITY OF CHULA VISTA) V 1 S ta I, of Chula V lsta, Callforn.la, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , C1ty Clerk of the Clty that the above 18 a full, , and that the same has C1 ty Clerk