HomeMy WebLinkAboutReso 1974-7265
RESOLUTION NO. 7265
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AMENDED AGREEMENT FOR THE DEFERRAL
OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS
ON THE PROPERTY OWNED BY CHULA VISTA ALLIANCE CHURCH,
LOCATED AT 623 TELEGRAPH CANYON ROAD IN THE CITY OF
CHULA VISTA, AND LIEN SECURING THE FUTURE INSTALLATION
OF SAID IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDED AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain amended
agreement between THE CITY OF CHULA VISTA, a municipal corporation,
and CHULA VISTA ALLIANCE CHURCH, for the deferral of the installation
of certain public improvements on the property located at 623 Telegraph
Canyon Road in the City of Chula Vista and lien securing the future
installation of said improvements, dated the 3rd day of April ,
1974, 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 is hereby authorized and directed to execute said
amended agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby directed to record said amended
agreement in the office of the San Diego County Recorder.
Presented and Approved as to form by
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George-D. Lindberg, City Att ey
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this 2nd
the following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of April , 1911-, by
AYES:
Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES:
Councilmen None
ABSENT:
Councilmen None
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.\.:"::::",.(/'Y1?~i;...F' /va3/!.."L. . ':,(~.^
Mayor of the C~ty of Chula Vista
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ATTEST /U/li(> ///y~(jcC,J::t
Ci ty Clerk t7
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, ,
Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
been amended or repealed. DATED
City Clerk of the City of
that the above is a full,
, and that the same has
not
City Clerk
665
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RESOLUTION NO. 7265
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RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA
VISTA APl'HOVING AJ1ENDE[) N~lUmr1]mT FOR TIlE DEFERRAL
OF THI: INSTALLATION OF Cm,'l'JUN PUBLIC HIPROVEIlENTS
ON THE P:~()PEp'rrY O~.JNED BY CIIULl1. VIS'TI\. 1\.LLII\NCE CHURCH,
LOCATED A'1' 623 TELEGPJ\PII CANYON EOAD III TIlE CITY OF
CHULA VISTA, AND LIEN SECURING TIlE FUTURE IlISTALLATION
OF SAID H1PROVEJ-lENTS, AND AUTIIORI ZING THE HAYOP TO
EXECUTE SAID AHENDED AGREE11ENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOH, THEREFORE, BE IT EESOLVED that that certain amended
agreement between THE CITY OF CllULA VISTA, a municipal corporation,
and CHULA VIS':;']\ ALLIANCE ClIURCH, for the deferral of the installation
of certain public improvements on the property located at 623 Telegraph
Canyon Road in the City of Chula vista and lien securing the future
installation of said improvements, dated the 3rd day of A~ril ,
1974, a copy of which is att,"ched hereto and incorporated orein, the
same as though fully set forth herein be, and the same is hereby
approved.
BE IT FUP' ." RESOLVED that the Hayor of the City of Chula
Vista be, and he ,nereby authorized and directed to execute said
amended agreement for and on behalf of the City of Chula Vista.
BE IT FURTIIER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby directed to record said amended
agreement in the office of the San Diego County Recorder.
Presented and Approved as to form by
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Attorn~'
George D.~Lindberg, city
ADOPTED AND APPEOVED
VISTA, CALIFORNIA, this 2nd
the following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of April , 19.2i., by
AYES:
Councilmen
Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES:
Councilmen
None
ABSENT:
Councilmen
None
/s/ Thomas D. Hamilton, Jr.
Hayor of the Clty of Chula Vista
ATTEST /s/ Jennie M. Fulasz
City Clerk
STATE OF C]\LIFORNTA )
COUNTY OF SAN DIEGO) ss.
CITY OF CllULA VISTA )
I, JENNIE M. FULASZ , City Clerk of the City of
Chula Vista, Calitornia, DO HEREBY CEJ(TIFY that the above is a iu] 1,
true and correct copy of nC'~;olut"i()n No, 7265 ,and that the sarcc hus not
been amcnlled or" repealed. DATED April 2 , 1974
. V/' 'f/ J}h:j'~J!~_dJ'
~ City Clerk ,
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666
Al1ENDED AGREEHENT FOR THE DEFERRAL OF THE INSTALLATION
OF CERTAIN PUBLIC Il1PROVEMENTS ON THE PROPERTY OWNED
BY CHULA VISTA ALLIANCE CHURCH, LOCATED AT 623
TELEGRAPH CANYON ROAD IN THE CITY OF CHULA VISTA
AND LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS
THIS 1U1ENDED AGREEMENT, made and entered into this 3rd
day of April , 1974, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter referred to as "City",
and CHULA VISTA ALLIANCE CHURCH, P. O. Box 536, Chula Vista, Cali-
fornia 92012, hereinafter referred to as "Property Owner";
WIT N E SSE T H :
---------
WHEREAS, Property Owner has heretofore executed that
certain agreement dated December 11, 1973 with the City of Chula
Vista providing for a lien for certain public improvements contained
therein to be placed upon property more particularly described as
Assessor's Parcel No. 640-070-02, and
WHEREAS, it is now desired to transfer said lien to pro-
perty adjacent thereto, more particularly described as Assessor's
Parcels Nos. 640-070-11 and 640-070-08.
NOW, THEREFORE, IT IS l1UTUALLY AGREED by and betvleen the
parties hereto as follows:
1. That that certain lien agreement imposed upon property
described as Assessor's Parcel No. 640-070-02 be, and the same is
hereby exonerated.
2. That that certain lien agreement as contained in the
agreement dated December 11, 1973, attached hereto as Exhibit "A"
and incorporated herein by reference as if set forth in full, is
now imposed upon that certain property more particularly described
as Assessor's Parcels Nos. 640-070-11 and 640-070-08.
3. It is further understood and agreed by and between the
parties hereto that said lien agreement dated December 11, 1973 is
to remain in full force and effect with no other changes except as
noted in the description of the parcels upon which the lien is imposed.
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
CHULA VISTA ALLIANCE CHURCH
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ATTEST/; ;/ /,' L( /// \
/ Ci ty Clerk
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Approved as ;r::n;h /'
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c~ty ~ttorney ~'
(Attach Notary Acknowledgment
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On April 3, 1974 befme me, tbe nnde"igned, a Not",y Public in and fm "id
State, personally appeared Rev. Donald H. Vanderpool
known to me to he the Minister ~, and
known to me to be '9il!lIt1l"~ of tbe c~ that executed the within Inslmment,
known to me to be the persons who executed the within church
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
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TO 449 C
( Corporation)
STATE OF CALIFORNIA
COUNTY OF San Dieqo
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WITNESS my hand and
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Signatur~~L.-l/-, 9 ~
official seal.
CL.
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Lorraine A. Kraker
Name (Typed or Printed)
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667
p~._-...-._.__w~r~_____.__.
· ~_ ......~___ OFFICIAL SEAL :
: ~;~.,' - i LORRAINE A. KRAKER .
Ii ,,:,,\f".:~f N"'tary Public _ California :
~ ':i~,;:,:~Jt SAN DIEGO COUNTY :
~ My Commission Expires June 12, 1976 ..
l___~___~________~~______.
(This area for official notarial seal)
@
668
EXHIBIT
A
m:SOLUTIOU NO.~lD...:~_
-
REC;OU;']'ION OF TilE CITY COUNCIL (W TIlE CITY OF CIIULII
VIS'.]']\, l\llT1l0Fli.JL'G '1'111': D]';FEHFAL OF '.l'JIE IN~j'J'^LL^'1'10N
OF CEETlIn, J'UnLIC IrH'EOVE111:U'J'" ON TIn: PFOPE:H'i'Y mINED
DY ClH'L,-, VlSl'l\ ALJJIJ\NCE CHURCH, LOCATED liT 623 TELEGlmEll
Cl\lJYON nOl\D, IiJ TilE CIT'Y OF CHULII VISTA
The City Council of the City of Chula Vista does hereby
resolvc as f:ollo\'1C;:
WIIElllillS, on the 10th day of Octobcr, 1973, the Planning
Commission of the City.of Chula Vista, in accordance with the
provi~;ions of Scction 27.507 of the Chulil Vista City Code, autho-
rized a delilY in thc instilllation of certilin improvc>r.\ent:s on thc
property OI'il1cc1 by Chula Vista 1I11i21nce Church, located at 623 '1'ele-
graph C21nyon Road in the ci t.y of Chula Vista, and
mmPJol\S, said propert.y owner aqreed to furnish to the
City of Chula Vista a lien on said property, in an amount sufficient
to construct said improvemcnt.s.
NOW, THEREFORE, DE 1'1' 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 ilccordance with the recommendations
of the Planning Conunission.
BE IT FURTHER llliSOLVED that said Council does hereby
accept said offer of a lien on said property to insure the comple-
tio!~ or. ~c.iJ iJ:l1?LUVelll~'HL~ r cuiu llIctL Lhe CiLy Cl'2:L'k. or the CiLy
of Chula Vistil 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 Hayor 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
George D. Lindberg, City Attorney
Lane F. Cole, Director of
Public Horks
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"'fof
7\CPJ:J:ri]:WJ' FOP TilE m:]'lcl:JU\T, OF '1'11]: lW;'1'l\LLI\'1'lON Of'
CEE'J'JU i! l'UL~J.lC JJ1i)j~OVr~;":l::!!'iL~~ O;.J 1_11Jlr; 11]~OPER'J'Y O\"lNED
BY ClIUT,/\ \1:1 ;~tJ':\ l\LT.,Ti\1'~CJ': Clll'nCll, Ll~L:/\TED l\.'r
G23 Tl:],]-;C1U\1'1l C!\;'JYON PO/\J) 111 '.I'm; Cl'J'Y OF CIIUL7\
V1ST7\ N~]) LIEN ,;l:CUFHJG ',;.'IIE FUTUIT: INSTl\LLNJ'ION
OF Sl\lIJ Hll'l:OV1;m:N'l'S
'l'lIIS 7\CnEEllEN'1', ~\ade and entered into this day
of , 1973, by and bel:wcen TIlE CITY OF Cl]UL7\ VIS'l'7\,
a muniCr};~l~f-(=oj:-l)Ol-{JL.ion, hcrcinaft~cr referred to as "Cit.yll, and
CHULl\ VISTl\ ALL17\",CE CmmCll, P. O. Box 53G, ehuLl vista, California
92012, hereinafter referred to as "Propc,rty Owner";
. Iv I '1' N E S S
E T II .
HllEREAS, Property O\mer has applied to the Planning
Commission of tlw City of Chula Vista for ,U1 exemption to the
provisions of Section 27.504 of the Chula vista City Code, in
accordance with the requirrnnents 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
WHEnE7\S, 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 Planninq Commissi.on, 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 oX8mp~ion, may granL said exemption, which may be limlted to
a specified period of time, and
WHEnEl\S, the Planning C01'\r.lission, on October 10, 1973,
did grant said request for an exempt. ion to the provisions of Section
27.504 on the conditions set forth hereinafter, for the property
located at 623 Telegraph Canyon Hoad, in the City of Clmla Vista,
more particularly described as Assessor's Parcel No. 640-070-2,
and did find that the grounds for said request for an exemption were
reasonable and \vere in conformance with the requirements of Section
27.507.
NOlv, TIIEREFOFE, IT IS MUTUALLY AGHEED by and between the
parties hereto as follows:
1. That Property O\-mer, Chula vista Alliance Church,
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 it 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 Conlf.1ission
to i.nstall said improvements.
2. For the faithful performance of the promises and cove-
nants herein contained, Property ('Hner hereby grants to the City
of Chula vista il lien upon the property herein described, aEd in
the CVCllt tllat Property Owner, its succcsso~s, heirs, assigns,
or transferees, fail to install or con~Lruct sai,d iIaprovcmcllts in
the !1\cUlne::-: and \-iithin the time ~;pecificcl herein, it agrees that
City may do any or all of the follewing:
(il) In~t:~ll or construct Silid j.mprQV0~cnts by c0ntr~r:t
or ot.h('r\./i~Jc, and pcn:li~-;~Jion is herehy 9rantecJ to City
or it~; c()nl:r~lctul' ~l1id contl~'::lctor'~-; (~l!1p]oyc~e::-; to enlcl
upon any portion or porti(l11S of sZl.id properly l~cJson;d)ly
-1--
'~_ 7:265
670
neCl's~)ary for ~;aic1 con~3truction f tJ.nd t.h(~ enti rL~ co~_;L
illH.l cxpen:-;c of ~,aicJ jll\provcl\\('nL~-; :';})<::111 be charqcd ~Vldin:jL
saill J)rOL)l.~rLy ~lll.d saicl c;o~:;t Llll(l (:)~p(~llr;c.~ ;~;llall b(~ l.J,-lya}11c
by Properly ()\'.T1C~J~', it.::; Sl1CCc~;:;()r~:, heirs, (J~;r;iqn~_;
or Lls::-_;i'--Jnc(~:;, inur1C'cli::lt.cl \' UPOll cOll~pJct:ion of said ill1provc_'-
mcnt~-" dlHl in the event tIle ;:-,Lllll(: if.; not pzd..c1 \'Ii t_hin
thirty (30) (1d1'S frolll said completion, tho Cit.y lllell'
forcclo~jc ~;iljl1 lien, as provided by lcll'J for thc foreclo~;ure
oi mortga~Jcf.:i t clnd Propert.y O\\'nor as)rccs that the amount
0:': said lien include,; attorney's fees whieh shall be
taxed as a cost in any suit or foreclosure.
(b) Dil:ect thc Director of Public \'7or);s t.o estirlute
the cost of Uw wor); recjuired to complete said improve-
ments, and foreclose said lien in said amOullt.
(c) F6reclose said lien as a mortgage.
(d) Pursue uny other remedy, legul or equituble by
law, for the foreclosurc of a lien, und Property O\'mer,
its heirs und ussigns, shall pay reasonuble attorney's
fees to be taxed as a cost in said proceedings.
3. At any time during the period herein provided, Property
Owner, i t:s heirs I D.ssiqns or transferees 1 may make a cash deposit
with the City in the ar:1Ount estimated by the Director of Public Horks
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 Cush is on deposit with the
city. If said cash deposit is withdruwllfrom 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 $15,000, 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.
Type "G" curb and gutter, 30 L.F. at $3.50
Drivewuy approach, 390 S.F. at $1.15
A.C. pavement, 915 S.F. at $0.70
Road\vay excavation, lump sum
Bridge (triple box culvert) crossing drainage
channel, 24 L.F. at $375.00
Headwall with transition structures, 2 ea. at $1,000
Sub Totul
Contingencies
Sub 'l'otal
$ 105.00
448.50
640.50
306.00
1.
2.
3.
4.
5.
Engineering plan preparation and staking
TOTAL
9,000.00
2,000.00
~12,500.00
1,250.00
$D,750.00
1,250.00
$15,000.00-
5. It is further understood and agreed that Owner and/or
its heirs, assignees or successors in interest shall at such time
as a 1911 or 1913 ^ct petition is circulated sign said petition and
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thilt ~"dd pdrLie~; (10 hereby w,dve dl1 Lights to prol:eo;t in the
event such a 1911 or 1913 Act proceeding is instituted.
IN IHTm;,;S 1')l!EEEOF, the parties lwret_o have caused 'chi,;
agreement, to be executed the day and year first hereinabove set forth.
TilE CITY OF C1IULA VISTl',
CHULA VIS'rA ALLIANCE CHUnCH
By: Rev. Donald 11. Vanderpool
Mayor of the City of Chuld vista
ATTEST
__Or-:"
CIty Cler);
Approved as to form by
(ATTACH NOTARY ACKNOl'iLEDGHENT)
City Attorney
-3-
74-094484
f I,-U fACE 110.
800~ 1914
RECORDED REQUES1 Of
(;JJI.lf4];;J:ITY ~.LERK
APR \3 1227'" '1~
OFFICIAL RECORDS
SAN DIEGO COUNTY. CALif,
HARLEY f.BLOOM
RECORDER
NC' fEE