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HomeMy WebLinkAboutReso 1974-7226 ({,-fl,c~(e.tJY."1e/'/ ILt"4L "''''/kt-- Ix) 'L..,<->e <..{. Jz( 5<<~e.,{ 5 j &Zt.;e @x~l'c- 445 1! C:' .&v-I /tJJ'7 ~ /{?iJ;: 1~C)li RESOLUTION NO. 7226 c;v RESOLUTION OF THE CITY COUNCIL OF TlIE CITY OF CHULA VISTA, AUTHORIZ ING TIlE DEFERRAL OF TIlE INSTALLATION OF CERTAIN PUBLIC I/IPROVEHENTS ON 'flIE PROPERTY OIVNED BY DEAN B. BUTTERFIELD, LOCATED AT 168 FIRST AVENUE, IN TilE CI'fY OF CHULA VISTA The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, on the 23rd day of January, 1974, the Planning Cornnission of the City of Chula Vista, in accordance with the provisions of Section 27.507 of the Chula vista City Code, autho- rized a delay in the installation of certain improvements on the property owned by Dean B. Butterfield, located at 168 First Avenue, in the City of Chula Vista, and WHEREAS, said property owner agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NO\'I, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize the deferral of the installation of certain public improvements on the property described hereinabove, in accordance with the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said Council does hereby accept said offer of a lien on said property to insure the comple- tion of said improvements, and that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said lien agreement and this resolution in the Off~ce of the County Recorder of the County of San Diego, California. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to sign the Agreement for the Deferral of the Installation of Public Improvements which contains said lien. Presented by Approved as to form by /s/ Lane F. Cole Lane F. Cole, Director of Public Harks George D. Lindberg, City Attorney 74-0?5642 r-' '. "f: I:, fli \ I ~,\',",'" .' .-- . . BOOK 1914 "ECORDE?, R~QUESl OF " ~v.l.at:ltY CloER.. MAR \ j IU 01 W · I ~ oFFlCI~~ ~ECORO~ SAN OIEGO eOUlllY,ClLlf. H4111.EY '..LOOM R~eOIlOIIl ."--" -r<. 7');)( NO FEE r 446 ADOPTED Ac"lD APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFOR"lIA, this 12th day of March 1974, by the following vote, to wit: AYES: Councilmen Ihdc;. ERdahl, Scott . libel., R'l:dlton NAYES: Councilmen Re,'De ABSENT: Councilmen None ABSTAIN: Councilmen None /s/ Tho~a8 D. Ha.nilton, Jr. Mayop of ~he City of Chula Vista A'I'TEST /s/ Jennie M. Pulas. Ci~y Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55. CITY OF CHULA VISTA I, JENNIE M. FULASZ, City Clerk of ~he City of Chula Vis~a, CaZ~fornia, DO HEREBY CERTIFY that the above and foregoing is a fuZZ, true and correct copy of Resolution Mo. 7226 and ~hat the same has not been amended or repeaZed. DATED: March 12, 1974 e~7b .. ,;/ '1t"?tC:t''', /, \. ,/t:::e~/ // C~~y Clerk // (/ ( SEAL; ~-) "jei)"" -1\ ' , ,"'v~ I:> 44', AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY DEAN B. BUTTERFIELD, LOCATED AT 168 FIRST AVENUE, IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS THIS AGREEMENT, made and entered into this 12th day of March , 1974, by and between THE CITY OF CHULA VISTA, a munlclpal corporation, hereinafter referred to as "City", and DEAN B. BUTTERFIELD, hereinafter referred to as "Property Owner"; WIT N E SSE T H : WHEREAS, Property Owner has 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 requirements 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 January 23, 1974, did grant said request for an exemption to the provisions of Section 27.504 on the conditions set forth hereinafter, for the property located at 168 First Avenue, in the City of Chula Vista, more parti- cularly described as Assessor's Parcel No. 566-320-24, 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 Owner, DEAN B. BUTTERFIELD, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agrees, covenants and promises that he 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 Owner hereby grants to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owner, his successors, heirs, assigns, or transferees, fail to install or construct said improvements in the manner and within the time specified herein, he agrees 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 17 J,2p 448 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 Owner, his successors, heirs, assigns or assignees, immediately 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 Owner agrees 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 Owner, his 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 Owner, his 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 amount of this lien is the sum of $2,600.00, 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: 1. 5" thick P.C.C. alley pavement, 820 Sq. Ft. at $2.00 = $1,640.00 2. Earthwork, including subgrade preparation, lump sum = 360.00 3. Engineering fee for plan preparation and staking, lump sum = Contingencies 400.00 $2,400.00 200.00 TOTAL LIEN AMOUNT $2,600.00 5. It is further understood and agreed that Owner and/or his heirs, assignees or successors in interest shall at such time -2- ~ 7d;2~ 449 as a 1911 or 1913 Act petition is circulated sign said petition and that said parties do hereby waive all rights to protest in the event such a 1911 or 1913 Act proceeding is instituted. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. 'I OF CHULA VISTA JiJ~ . ... /, ~d/:6; (j Ch--r 7 1 ~ THE CITY the City of Chula V1sa J{?Z [~0 <1...:?t. tcr.,:) , -City Clerk Approved as to form by /$~~ JG-:'--~ J' (ft': C1ty Attorney V' Attach Notary Here TO 447 C ( Individual) @ STATE OF CALIFOR'iTA CO[NTY OF~ San Diego On _February 27, 1974 } 55. before me, the undersigned, a Notary Public in and for said ~tate, personally appeared Dean B. Butterfield is .. known to me tn hp the p('r~()n ~_,,_ whose name -- tn the within instrument and acknowledged that he t'xf'cllted the sam\'. --~ subscribed WITNESS my hand and official seal. 5ignat"'e~'~h /L ~RA/ Lorraine A. Kraker Name (Typed or Printed) p------------------.---.-.. .....::"""'i OFFICIAL SEAL . I, ~.. ~'S~ LORRAINE A. KRAKER I, 'l!l..c:'.,..",. I ~ .$ ~ '." " N:=.fary Public _ California . I .." . r i,~::;~:Y SAl'l DIEGO COUNTY I II My Cc;mmis"5ion Expires June 12, 1976 : ._.___~_~~~~~_~~_~.________K (This area for official notarial seal) -3- IC lc9~b RESOLUTION NO. 7226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AUTHORIZING THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS ON THE PROPERTY OWNED BY DEAN B. BUTTERFIELD, LOCATED AT 168 FIRST AVENUE, IN THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 23rd day of January, 1974, the Planning Commission of the City of Chula Vista, in accordance with the provisions of Section 27.507 of the Chula vista City Code, autho- rized a delay in the installation of certain improvements on the property owned by Dean B. Butterfield, located at 168 First Avenue, in the City of Chula Vista, and WHEREAS, said property owner agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral of the installation of certain public improvements on the property described hereinabove, in accordance with the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said Council does hereby accept said offer of a lien on said property to insure the comple- tion of said improvements, and that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said lien agreement and this resolution in the Office of the County Recorder of the County of San Diego, California. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to sign the Agreement for the Deferral of the Installation of Public Improvements which contains said lien. Presented by Approved as to form by ~/ /'\/\,/~ d ---- /f/./~ ~--\-;/~ ::/1." 5'~'L/>> ./ / -:/.>;~ '>~/ Ge~r~: D~;~~ndberg, c~ty Attor y ~etU. Lane F. Cole, D~rector 0 Public Works ADOPTED AND APPROVED BY THE CITY COUNCIL OF TilE CITY OF CHULA VISTA, CALIFORNIA, this 12th day 0 f March 1974, by the following vote, to ,.,it: AYES: CounciLmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: CounciLmen None ABSENT: Co un ci Lmen None ABSTAIN: CounciLmen None r.1;) 0\ d /111. "/V1..d'vuAo/.O ~. f/~. Mayor of the City of ChuLa V~sta ATTEST / '..72/)LIC STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55. CITY OF CHULA VISTA I, JENNIE M. FULASZ, City CLerk of the City of ChuLa Vista, CaLifornia, DO HEREBY CERTIFY that the above and foregoing is a fuLL, true and correct copy of and that; the same has not been amended or repeaLed. DATED: City CLer'k ( SEAL; ~/1 ~7 / .1( . Ie'" "'&c"