HomeMy WebLinkAboutReso 1973-7108
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RESOLUTION OF THE CITY COUNCIL OF 'I'IIE CITY OF CII ~61\ FEE
VISTA, AUTHOlUZING THE DEFERRAL OF 'rIlE INS'l'I\LLA'rION .~ J.
OF CERTAIN PUDLIC H1PPOVEI1ENTS ON TilE PROPERTY mINED' IAhfff-
BY CHULA VISTA ALLIANCE CIIURCH, LOCATED AT 623 TELEGRAPI'7< '
CANYON ROAD, IN 'rIlE CITY OF CIIULA VISTA '/-0" ""-i/J.3
RESOLUTION NO. 7108
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, on the 10th day of October, 1973, 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 Chula vista Alliance Church, located at 623 Tele-
graph Canyon Road 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 recorrrmendations
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 52.i..] i.i~l~'l.'J'Je-j.ll'2l.d..:= ~ 2.iId L.lrc:.L L.l~~ CiL..y Cl,;;:.L~_ L.,fLh02 elL.y
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
I_I Laae 1'. Cole
Lane F. Cole, Director of
Public Works
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George D. Lindberg,
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ci ty Attor-ney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF' THE CI~Y
OF CHULA VIS'l'A, CALIFORNIA, this 11th day of December
1973, by the following vote, to-wit:
AYES:
CouncA,./'.me.n Hyde, Eqdahl, SC01:t:, Robel, HIlB'J.lt:on
NAYES:
Counc~./'.men None
ABSENT:
Counc~./'.men None
/./ Thoma. 0. Hamilt:on, Jr.
.Mayo~ 06 ~he C~ty 06 Chu./'.a,v~~ta
ATTEST /-/ Jennie M. Fulaa%
C~ty C./'.e~R
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO 55.
CITY OF CHULA VISTA
I, JENNIE M. FULASZ, C~ty C./'.e~R 06 the C~ty 06 Chu.ta V~~za,
Ca./'.~60~n~a, va HEREBY CERTIFY that the above and 60~ego~l'tg ~~ a nut./'.,
t~ue and co~~ec.;l: copy 06
aesolut:ion NO. 7108
a.nd tha.t the <lame ha<l not been a'mended o~ ~epea./'.ed.
VATEV: DeGePber 11, 1973
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AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEHENTS ON THE PROPERTY OHNED
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 IHPROVEMENTS
THIS AGREEMENT, made and entered into this 11th day
of December , 1973, 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, California
92012, hereinafter referred to as "Property Owner";
WIT N E SSE T H
--- ----
HHEREAS, 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 October 10, 1973,
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 623 Telegraph Canyon Road, in the City of Chula 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 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, 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 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, its successors, heirs, assigns,
or transferees, fail to install or construct said improvements in
the manner and within the time specified herein, it 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
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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, its 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,
its 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, its 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 $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:
l.
2.
3.
4.
5.
Type "G" curb and gutter, 30 L.F. at $3.50
Driveway approach, 390 S.F. at $1.15
A.C. pavement, 915 S.F. at $0.70
Roadway 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 Total
Contingencies
Sub Total
6.
Engineering plan preparation and staking
TOTAL
$ 105.00
448.50
640.50
306.00
9,000.00
2,000.00
$12,500.00
1,250.00
$13,750.00
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 Act petition is circulated sign said petition and
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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.
CHULA VISTA ALLIANCE CHUR
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~vedae~~
~ity Attorney
(ATTACH NOTARY ACKNOWLEDGMENT)
(Individual)
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STATE OF CALIFORNIA
COUNTY OF ,_C;Ai\.J G,ee,-'
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hpfore mr, the undersigned, a Notary Public in and for said
SLale, personally appeared
Re_ JoL__, Ot">/, .~ L .-)
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VArvOER. POO L
, known to me
to be the person _ whose namc____L~
to t1H' within instrument and acknowledged
t ,',,'cntcd the "me.
subscribed
that
J-it:
..~---._--------------_.-~
. ""' OFFICIAL SEAL .
: '!d~;r. ~ LORRAINE A. KRAKER :
I ,~,~ ~~d.'-J:;;- N",tory Public:: . California .
I ~,_." .
I '_ - ,_ SAN DIEGO COUNTY .
" My Commission Expires June 12, 1976 ,I
_.____~~w_____.~~__~_~~__
WITNESS my hand and official v"al.
Signature
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LC/;./:l.A, NC A. KRAKE. t::..
Name (Typed or -:Printed)
(Thl~ arca for official netarial seal)
TO 449 C
(Corporation)
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STATE OF CALIFORNIA
SAN DIEGO
COUNTY OF
} SS.
On Dpr.pmhpT' 11, 1 q7~ before me, the undersigned, a Notary Public in and for said
State, pe"onally appea<ed THCMAS D. HAMI LTON. JR.
known to me to he the MAYOR Ml\;g;,l> and JENNIE M. FULASZ .,
k h CITY CLERK ""xx.xx ' .
nown to me to e ~erer:crry'of the corporatIOn that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named and
acknowledged to me that such corporation executed the ~i!hin
instrument pursuant to its by-laws or a resolution of its board
of directors. /"
WITNESS my h.a-ti'd,a'nd official seal,
Signatu;r:-ltiz-U'd~ ./( c'
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PAMELA A.. HANNA
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OcFICIAL SEAL
PAMelA A. HANNA
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
Expires April 25. 1976
..T.
----..--..
Name (Typed or Printed)
(This area for oflicial notarial sMI)
~?/Di
RESOLUTION NO. 7108
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 CHULA VISTA ALLIANCE CHURCH, LOCATED AT 623 TELEGRAPH
CANYON ROAD, IN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on the 10th day of October, 1973, 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 Chula Vista Alliance Church, located at 623 Tele-
graph Canyon Road 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.
d :7J/Jl
. ~_y C:,/) ..
Lane F. Cole, Director of
Public Works
Approved as t{/~~"\~
ff~p~~~~/
~ C;:/'
George D. Lindberg, City Attorney
Presented by
lmOl"l'im l\ND APPHOVED BY TllE CI'l'Y COUNCIL OF 'rIlE CITY
OF CIlULA VI,ST}\, CALIFORNIA, this 11th
1973, by the followi~g vote, to-w~t:
day of December
l\YES:
COlUlc.{Lmut
Hyde, EgdahI, Scott, Hobel, Hamilton
Nl\YES:
. COllnc..{.tmen
None
ABSENT:
Co lIi1 C.limen
None
!
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Mayo4 at ~heC~~y
,
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ATTES".l,.e.?..t/~UD . ~.(>d~
. . C~ty Le4R
c/
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CRULl, VISTA )
I, JENNIE M. fULASZ, C~ty C.te~Q 06 the c~ty On Chuia Vi~ta,
Ca.t.i.60itlt.i.a, VO HEREBY CERTIfY that the .above aJ'id nOite90~n9 ~(,. a nUU,
titUC and C04itCC.t' copy On
and that the ~ame ha~ not been amended O~ itepea.ted.
PATED:
C~.ty CleAR
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