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HomeMy WebLinkAboutReso 1980-10269 I 0 s-<... 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 .r// ! X: ..../"7..-- ~ -,......- //~ i.-' . ,; George I .. 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 -i w.d.2. ~(~ Mayor of the City of Chula Vista ~~/ , /...(d-~ Cl rk 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VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed.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 ~7MGC- ~l,$/~ />. ..... - Ci ty Clerk Vi /0 Z ,q 1053 -- 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. J 0 ztO OJ -1- 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 ;"................"NN: Form No. 16 GENERAL ACKNOWLEDGMENT ! c,~ (, 1 --=-'" }ss ,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----.----------------- I 0 "Z loq ~=-- ~- --- 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: ~~~Q. ---(--. ~ Mayor of/ the City of Ch la Vista / "JJ. ~ / ATTES,!,.L ll,/U~ J ,., . ~~l~r Clty Cler , ii/;"k t Y LL~.<A -'/ ben F. Becerril Approved as to form by ~~~ (Attach Notary Acknowledgment) . 80':'31.6177 r: i ~- ': ~ -~.~ ';',..'._'-- . \....., 01( "'QP.r> 80 n -- . , . R~CORiH:D fH>",;:,,;;, i Of ~.fJ.d. CITY CLERK Su Z9 \0 11 ~~ '80 I 0 zb ~ OrFi"~,';;- R(~vOi:OS ,_ SAN Olb.iO \,i., :., hi Y. CALi-, VERA :... LYLE RfCOROE~ )1/ -2- i\j '0 1~.~.r;