HomeMy WebLinkAboutReso 1980-10269
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Form No. 342
Rev. 2/76
RESOLUTION NO. 10269
RESOLUTION OF THE CITY COUNCIL OF--.pym-CrTY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RUBEN F. BECERRIL FOR THE DEFERRAL OF THE
INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 223
GARRETT AVENUE IN THE CITY OF CHULA VISTA
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement
between THE CITY OF CHULA VISTA, a municipal corporation, and
RUBEN F. BECERRIL, for the deferral of the installation of certain
public improvements at 223 Garrett Avenue in the City of Chula Vista
dated the 11 th day of September , 19 80 , 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
agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
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George
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John P. Lippitt, City Engineer
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 23rd day of SEptember , 19 80 , by
AYES: Councilmen McCandliss, Scott, Gi How, Hyde, Cox
NAYES: Councilmen None
ABSENT: Councilmen None
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Mayor of the City of Chula Vista
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ATTES'l\,:(;'-;1l-;1Z LL,
" City
STATE OF CALIFORNIA)
COU~TY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I,
of Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATED
, City Clerk of the City
that the above is a full,
, and that the same has
City Clerk
tj~J:;JU h^~Wrn --fO: _ .
,
Jenni~.. M. Fulasz, City Clerk
P. 0. Box 1087
Chub VistJ, Caliiornia 92012
1052
Form No. 342
Rev. 2/76
RESOLUTION NO. 10269
RESOLUTION OF THE" CITY COUNCIL OP-:r'RE" CITY OF CHULA.
-,/ISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RUBEN F. BECERRIL FOR THE DEFERRAL OF THE
INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT 223
GARRETT AVENUE IN THE CITY OF CHULA VISTA
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement
between THE CITY OF CHULA VISTA, a municipal co~poration, and
RUBEN F. BECERRIL, for the deferral of the installation of certain
public improvements at 223 Garrett Avenue in the City of Chula Vista
dated the 11th day of September , 19 80 ,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 F'u.::Z"l'liER RESOLVED that 't.he I"layor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement tor and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Isl John P. Lippitt
John p. Lippitt, City Engineer
~~^n
~Lc:: (~ ;r
George Lindberg,City dttorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 24th day of September , 19 80 , by
AYES: Councilmen
McCand1iss, Scott, Gi11ow, Hyde, Cox
NAYES: Councilmen
None
ABSENT: Councilmen
None
-LsI Will T. Hyde
Mayor of the City of Chula Vista
ATTEST /s/ Jennie M. Fu1asz
City Clerk
STATE OF CALIFORNIA)
'::;OU1\JI'Y OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, JENNIE M. FULASZ , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. 10269 ,and that the same has
not been amended or repealed. DATED..-, September 24, 1980
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RECEIVED
...:iTY OF CHULA VISTA
q~GINEFPi:'J:; DEPT
1980 SEP II PM 3: ~6
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA
VISTA ON THE PROPERTY OWNED BY RUBEN F. BECERRIL
AT 223 GARRETT AVENUE IN THE CITY OF CHULA VISTA
THIS AGREEMENT, made and entered into this 11th day of
September , 1980, by and between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "CITY", and
RUBEN F. BECERRIL, 871 First Avenue, Chula Vista, California
92011, hereinafter referred to as "Property Owner";
WIT N E SSE T H :
-----------
WHEREAS, Property Owner has applied to the City Engineer
of the City of Chula Vista for an exemption to the provisions of
Section 12.24.040 of the Chula Vista Municipal Code, in accordance
with the requirements and conditions of Section 12.24.070 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 12.24.070 provides that if the
City Engineer, in his discretion, feels that said installation of
public improvements would cause a defective condition to the pro-
perty, or it would be extremely impractical to install or con-
struct the same, then the City Engineer, upon finding that grounds
for said exception from the requirements of Section 12.24.040 were
reasonable and were in conformance with the requirements of Section
12.24.070 for said exemption, may grant said exemption, which may
be limited to a specified period of time, and
WHEREAS, the City Engineer did grant said request for
an exemption to the provisions of Section 12.24.040 on the condi-
tions set forth hereinafter, for the property located at 223 Garrett
Avenue in the City of Chula Vista and did find that the grounds for
said request for an exemption were reasonable and were in conformance
with the requirements of Section 12.24.070.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. That Property Owner, Ruben F. Becerril, 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 City Engineer to install said
improvements.
2. That Property Owner shall maintain on file with the
City Passbook Account No. 81-00491-3 in the amount of NINE HUNDRED
TEN DOLLARS ($910), posted as surety to cover the cost of construc-
tion.
3. It is further understood and agreed that Owner
and/or his 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.
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
--'.h~J'.",,^""~"'~...
-. OFFICiAl SEAl
: *11 PAULA E. BECERRA
.\if'i'~ NOTARY PUBlIC.CAlIFORNIA
: \-\~; .' Principal Qfflce in San Diego County
: ~y Com:nission Exp. March. 30. 1984
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Form No. 16
GENERAL ACKNOWLEDGMENT
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,ON.u___.___....___..~~BJ:~JJlb~.r___ll.,u..-----.n--u--.---------.u-----u.un 19.80., before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
..E JJ. I?ENn.f.,.. __E~.C.ERRJ.~__ n ..__. u... n h.n..u. u.... .u' n.. u........n... .---- n.... __...n. u.' n' un.n...
-.----------------------------..--------------------..-----------------------------------..---------------------------------------------------
known to me to be the personnu whose name_____.___J..~_____u subscribed to the within
instrument, and acknowledged to me that ___.henu executed the same.
Notary's signature_C?~---.S--..~..5L"";,)L~..-.--..----.---....---.-.---.-----
Type or Print Notary's Namee"?ft.U.L.Ah----E--.---:~E.c..e--R.R.A----.-----------------
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1054
4. The work to be performed and the cost of said im-
provements and the amount of the surety is the sum of $910, and
said work shall be done in accordance with plans and specifica-
tions on file in the office of the City Engineer, as follows:
Base preparation, 375 S.F. at $O.45jS.F. =
6" thick PCC paving, 375 S.F. at $1.75jS.F. =
Contingencies - 10% =
$168.75
656.25
82.50
TOTAL
$910.00
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 OWNER:
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Mayor of/ the City of Ch la Vista
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ATTES,!,.L ll,/U~ J ,., . ~~l~r
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ben F. Becerril
Approved as to form by
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(Attach Notary Acknowledgment)
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