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Home My WebLink AboutReso 1978-9284' Form No. 342 • Rev. 2/76. RESOLUTION NO. ~~.~ res~iolwe as SOLUTION OF THE' CITY COUNCIL OF°°'I'~iE` C"L`TY OF CHULA STA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA STA AND K. E. AND MARILYN GREEN FOR DEFERRAL OF BLIC IMPROVEMENTS AT 114 FIRST AVENUE IN THE CITY CHULA VISTA D AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT e City Council of the City of Chula Vista does hereby ollows: N W, THEREFORE, BE IT RESOLVED that that certain agreement bets en THE CITY OF CHULA VISTA, a municipal corporation, and K.IE and M rilyn Green, for deferral of public improvements at 114,!, first A enue in the City of Chula Vista dat~ec wh ij cY ful~l~ i ', B Vis',t be, a agre ment f Preis nted b A~ - W.iJ Roben Director of Puk~l ' c work I /~- George D. Lindberg, City Attorne~ A OPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VIS'T CALI ORNIA, this (NTH day Of CEPTFMRF~ , 19~`, by AYE'S : Co ncilmen COX, HYnF . (; T I I nW . ~rnTT NAYIE Co ncilmen NONE ABS'IE T: Co ncilmen EGDAHL j Mayor of the City of Chul ista AT TIE City Clerk STP,~T OF CA IFORNIA) CO OF S DIEGO) ss. CITiY OF CHU A VISTA) I, _ City Clerk of the City of IC ula Vi ta, California, DO HEREBY CERTIFY that the above is a full, tru~~e and co rect copy of Resolution No. ~ `" ~~, and that the same has notj een am nded or repealed. DATED 8th day of AucTUSt 19~g a copy of ached hereto and incorporated herein, the same as though rth herein be, and the same is hereby approved. the is a set IT FURTHER RESOLVED that the Mayor of the City of Chula he is hereby authorized and directed to execute said and on behalf of the City of Chula Vista. Approved as to form by ~ y, City Clerk :ease ~e urn To: Jennie rdl. z?:as~, City., Clerk p. ~C. ~~V 187 Chula ~isla, ~.~{~rnia 92012 the 8th day of Auaust 1978 a copy of is at ached hereto and incorporated herein, the same as though set f rth herein be, and the same is hereby approved. TZ~e City Council of the City of Chula Vista does hereby resi~o ve as ollows: N W, THEREFORE, BE IT RESOLVED that that certain agrQement bet{ en THE CITY OF CHULA VISTA, a municipal corporation, and K. 'E and M rilyn Green, for deferral of public improvements at 114 first A enue in the City of Chula Vista dat~ec wh cY full Vis't~ agr~eE PresE B IT FURTHER RESOLVED that the Mayor of the City of Chula be, a d he is hereby authorized and directed to execute said ent f :r and on behalf of the City of Chula Vista. ted .., ~. Form No. 342 Rev . 2,/ 7 6 RESOLUTION NO. ~GH~~ SOLUTION OF THE" CITY COUNCIL OF-3'~iE` CT'TY OF CHULA STA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA STA AND K. E. AND MARILYN GREEN FOR DEFERRAL OF BLIC IMPROVEMENTS AT 114 FIRST AVENUE IN THE CITY CHULA VISTA D AUTHORIZING THE MAYOR TO ERECUTE SAID AGREEMENT W . IJ . Roben Publ'c Work A VIS~T CALI. AYES • Co NAYfE ABSIE Z ~I ATT'E S TAfI COII'N CITY o f IC true not' Director of Approved as to form by George D. Lindberg, City Attorr#~y PTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA RNIA, this ~gTH day of ~pTFMRFR , 19JR by ilmen SOX. HYT)F, (;T I I C1W, S('nTT Councilmen NONE Councilmen EGDAHL ~S~ WT i I T. HYT1F Mayor of the City of Chula Vista ty Cler OF CA IFORNIA) OF S -" DIEGO) ss . F CHU VISTA) I, JENNIE M,FULASZ la Vista, California, DO HEREBY C nd co rect copy of Resolution No. en amended or repealed. DATE?'~~ iii. -- _........_ 'S IT_Y_ CL RK i v7l t~. i ; ~ ~ U o~~!"!t, ~~~~ t~R~S 'SAN IE~ a LL'";~, , z :.ALIF3 Aft f.E`~ f~.i3 0'JM ~~i;c~~o a NC? ~~;~~ City Clerk of the City RTIFY that the above is a full, ~,"~, ~ ~~ and that the s ame has ., t;, ~/ OJ ~ Y G anti Cali EEMENT FOR THE DEFERRAL OF THE INSTALLATION OF TAIN PUBLIC IMPROVED!IENTS IN THE CITY OF CHULA VISTA LIEN SECURING THE FUTURE INSTALLATION OF SAID ROVEMENTS ON THE PROPERTY 0~~7NED BY K. E. AND MARILYN I. EN AT 114 FIRST AVENUE IN THE CITY OF CHULA VISTA T IS AGREEMENT, made and entered into this 28th day of ust , 1978, by and between THE CITY OF CHULA a mu icipal corporation, hereinafter referred to as "CITY.", . E. a d MARILYNI. GREEN, 865 Fairway Court, Chula Vista, ornia 2011, hereinafter referred to as "Property Owners"; W I T N E S S E T H mi s of S with Code lic~ 1 ot~. er~c ~~ ni g pu 1 or i thin anc~ fob to'a EREAS, Property Owners have applied to the Planning Com- on of he City of Chula Vista for an exemption to the provisions ction 2.24.040 of the Chula Vista Piunicipal Code, in accordance the re uirements and conditions of Section 12.24.070 of said which provides, generally, for the installation of certain pub- mprove tints upon any dedicated street or streets adjacent to a r part 1 upon which a structure or building is to be installed, ed, or moved upon, and Commis c impr would the Pl tion f 'ere in aid ex specif did rant s 122 .040 0 lo~a ed at of~C ula Vi exam tion w memt of Se EREA5, said Section 12.24.070 provides that if the Plan- ion, in its discretion, feels that said installation of vements would cause a defective condition to the property, be extremely impractical to install or construct the same, nning Commission, upon finding that grounds for said om the requirements of Section 12.24.040 were reasonable conformance with the requirements of Section 12.24.070 mption, may grant said exemption, which. may be limited ed period of time, and EREAS, the Planning Commission, on June 28, 1978 id request for an exemption to the provisions of Section the conditions set forth hereinafter, for the property 14 First Avenue (Tax Parcel No. 566-330-24) in the City to and did find that the grounds for said request for an re reasonable and were. in conformance with the require- tion 12.24.070. N W, THEREFORE, IT IS MUTUALLY AGREED by and between the part'es her to as follows: III 1. That Property Owners, K. E. and Marilyn I. Green, in'il'eu of aking the improvements specified herein, prior to final in p ction r the giving of a certificate of occupancy, agree, coven- an nd pro ise that they will install, construct or cause to be in- st 1 ed or onstructed the improvements hereinafter set forth within th'r y (30) days of written notice from the Planning Commission to inSt 11 sai improvements. ~~ 2. For the faithful performance of the promises and coven- an s herein contained, Property Owners hereby grant to the City of Ch la Vista a lien upon the property herein described, and in the ev'n that roperty Owners, their successors, heirs, assigns, or trans- fe~e s, fail to install or construct said improvements in the manner an ithin the time specified herein, they agree that City may do anly or all f the following: •F ~ ~~ (a) Install or construct said improvements by contract or otherwise, and permission is hereby granted to City or its contractors and contractor's employees to enter upon any portion or portions of said property reasonably necessary for said con- struction, 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 Owners, their successors, heirs, assigns, or assignees, immediately upon completion of said improvements, 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 Owners agree 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 im- provements, and foreclose said lien in said amount. (c) Foreclose said lien as a mortgage. Owe wi-~h to I c is I m sh 1 Ci y sh 1 cash hod ca h me wo fi of mi Cu Si A. St St Gr En At 3 -s , the the Ci wer th ode pri L not b If s L be re deposi this a deposi 4 and t shall in the at wor on of and G alk, Pavem t Lig ~ Drai ng, L eer s' (d) Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien, and Property Owners, their heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. At any time during the period herein provided, Property .r heirs, assigns, or transferees, may make a cash deposit ;y in the amount estimated by the Director of Public Works total cost of the improvements. If said cash deposit ~r to the recording of this agreement, then said agreement recorded as long as said cash is on deposit with the yid cash deposit is withdrawn from the City, said agreement :orded. If this agreement has been recorded and then said is made, the City may release said lien of record and ~reement or any new agreement unrecorded as long as said is left with the City. The work to be performed and the cost of said improve- e amount of this lien is the sum of $5,300.00, and said e done in accordance with plans and specifications on Office of the Director of Public v,Iorks, and shall consist specifically deferred by the action of the Planning Com- he City of Chula Vista, as follows: tter - 60 L.F. at $6.00/L. F. _ ~ S.F. at $1.80/S.F. _ zt, inc. base, 1110 S.F. at $0.66/S.F. _ t, 1/2 of .$1500 ,1/2 of 60 L.F, at $66/L.F. np Sum Subtotal Contingencies Plan Preparation & Survey Staking Fees TOTAL -2- $ 360 108 732 7 50 1,98p 200 ~-~ 410 260 tin $ 5,300 n ~ k ~~3 5 It is further understood and agreed that Owners an~3/ r thei heirs, assignees or successors in interest shall atls ch tim as a 1911 or 1913 Act petition is circulated, sign sad petiti n and that said parties do hereby waive all rights tolp otest 'n the event such a 1911 or 1913 Act proceeding is in~t'tuted. I WITNESS WHEREOF, the parties hereto have caused this age ment t be executed the day and year first hereinabove set fo t THE ITY OF CHULA VISTA PROPERTY OWNERS: ~~ .~ t Ma o th City of Chu Vista E. Gr n • ~ c~ ~ AT~PE T ~ ~~., '" ity Clerk "~ ~ _,G=, -~ :~.-.- ~ Marilyn Green Apb owed as to form by a STATE I ' On. n ~ the e s 0 to be tl within i. sam ~' ~~ } SS. .~ R ))) before me, in and for said County and State, (Attach Notary Acknowledgment) ~S~ BAFEGO TITLE FOR NOTARY SEAL OR STAMP ~~ ".-'. ~ ~ pFFICtAL SEAL NRE R. SMITH ~~>= J" ss'~~ ., ar~° sJ NOTARY PUCsLiC • CALIFORNIA PRIfJCiPAI OFFICE tN ~~r.k °s'"~~ SAN OiECO COUNTY My Commission Expires May I8, 1°81_ _, known to me cribed to the _executed the w ~ -~-