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HomeMy WebLinkAboutReso 1978-9285, Form No. 342 Rev. 2/76. RESOLUTION N0. ~~~iJ resml bet Jef at dat d whi~h fury Visa agr PreS W . '' Worl VIS~'A AYES: NAYS ABSEIL ATT~ RE OLUTION OF THE' CITY COUNCIL OFD-~iE"CITY OF CHULA VI TA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VI TA AND JEFFREY A. AND CAROL E. BF'NDER FOR DEFERRAL OF P~IBLIC IMPROrIEMENTS AT 120 FIRST AVENUE IN THE CI Y OF CHULA VISTA .~N AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Th~ City Council of the City of Chula Vista does hereby as f llows: NO , THEREFORE, BE IT RESOLVED that that certain agrQement ,n THE ITY OF CHULA VISTA, a municipal corporation, and ~y A. a d Carol E. Bender for deferral of public improvements ~ First Avenue in the City of Chula Vista ~t day of August 1978 a copy of ached hereto and incorporated herein, the same as though nth herein be, and the same is hereby approved. the 31 is att set fo BE IT FURTHER RESOLVED that the Mayor of the City of Chula be, an he is hereby authorized and directed to execute said vent fo and on behalf of the City of Chula Vista. ted by °~ ns~, Director of Public Approved as to form by ~, ~ i / George Lindberg, City Attorney AD PTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA CALIF RNIA, this 1~TN day of ~pTFMR,FR , 19~_, by Councilmen OX. HYnF,~(,.,I ~i i nw~S,.~nTT Co ncilmen NONE Councilmen EGDAH ~l ///.,J ~/ Mayor of the City of Chula ista y c: lie r STP,IT OF CA IFORNIA) CODjI~` OF S DIEGO) ss . CITY 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that the above is a full, true and co rect copy of Resolution No. -~,~ J and that the same has note' een am nded or repealed. DATED City Clerk i ~~~~ E°~et rn ' 7os 4 . ~nI ,~, Ciry enn2e 11~I fftt ry ~ ista ~~rnia Cnwa res~b] ~a as City Council of the City of Chula Vista does hereby llows: NO , THEREFORE, BE IT RESOLVED that that certain agreement betiw~en THE ITY OF CHULA VISTA, a municipal corporation, and Jeff ey A, nd Carol E. Bender for deferral of public improvements at '1 0 Firs Avenue in the City of Chula Vista date the 3 st day of August 1978 a copy of which is attached hereto and incorporated herein, the same as though fully set fo th herein be, and the same is hereby approved. i BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, an he is hereby authorized and directed to execute said agree ent fo and on behalf of the City of Chula Vista. PreSe ted by Approved as to form by ~' '' /S/ GEORGE D ~ LI NDBERG W. J. Robens, Director of Public George D. Lindberg, City Attorney Works AD PTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VIS"~A CALIF RNIA, this-1,~Tr=~-day of ,l~PT~:~~y~;:~ , 19, by AYES: Cou cilmen COX, HYDE GILLOY~I, SCOT' NAYI~S Cou cilmen ~O,r~ ABS~N Cou cilmen_ ~GllAkL STA~E OF CAL FORMA) COU1~~ OF S DIEGO) ss . CITE F CHUL VISTA) ATTI~S ~$~ J~iJi~1 E P~~• F ity Clerk ~S~ t~Il l_ T. FiYI]c= Mayor of the City of Chula Vista I ~ J~~U3d M. FU S City Clerk of the City of ~h la Vis a, California, DO HEREBY CERTIFY that the above is a full, true nd cor ect copy of Resolution No. ~`~"~~' and that the same has not I b en ame ded or repealed . DAT~rHy .... .. '~-:_ -' ~ -1 ~:~ ~~ • %~~" Form No. 342 ... Rev. 2/76 k 12 RESOLUTION NO. ~ ~~~J ' SOLUTION OF THE" CITY COUNCIL OF'~TIIE` CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JEFFREY A. AND CAROL F. BENDER FOR DEFERRAL O PUBLIC IMPROVEMENTS AT 120 FIRST AVENUE IN THE C TY OF CHULA VISTA D AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ity' -Clerk n /f- ;~r_- r ~ {:. ~~~ A a C IMPROVEMENTS OD? THE PROPERTY OWNED BY JEFFREY A. AND C ROL E. BENDER AT 120 FIRST AVENUE IN THE CITY OF C ULA VISTA 7REEMENT FOR THE DEFERRAL OF THE IDISTALLATION OF ;RTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA 1D LIEN SECURING THE FUTURE INSTALLATION OF SAID T IS AGREEP~IENT, made and entered into this ~lst day of a.st 1978, by and between THE CITY OF CHULA a mu icipal corporation, hereinafter referred to as °GITY", EFFREY A. and CAROL E. BENDER, 1217 Ilexey Avenue, San Diego, ornia 92154, hereinafter referred to as "Property Owners"; W I T N E S S E T H 0 w 1 1 e n P 0 f t d''d i~; l~C 0 a m n per i i s a t s tea art eye fir aid any u EREAS, Property Owners have applied to the Planning Com- ion of the City of Chula Vista for an exemption to the provisions action 12.24.040 of the Chula Vista P'Iunicipal Code, in accordance the r uirements and conditions of Section 12.24.070 of said whic provides, generally, for the installation of certain pub- improv menu upon any dedicated street or streets adjacent to a ~r par el upon which a structure or building is to be installed, ted, o moved upon, and 4HEREAS, said Section 12.24.070 provides that if the P1an- Commi sign, in its discretion, feels that said installation of is imp ovements would cause a defective condition to the property, t woul be extremely impractical to install or construct the same, the P anning Commission, upon finding that grounds for said ption rom the requirements of Section 12.24.040 were reasonable were i conformance with the requirements of Section 12.24.070 said e emption, may grant said exemption, which may be limited speci ied period of time, and UHEREAS, the Planning Commission, on June 28, 1978 grant aid request for an exemption to the provisions of Section 4.040 n the conditions set forth hereinafter, for the property ted at 120 First Avenue (Tax Parcel No. 566-330-23) in the City hula Vista and did find that the grounds for said request for. xempti n were reasonable and were in conformance with the require- s of S ction 12.24.070. OW, THEREFORE, IT IS MUTUALLY AGREED by and between the :ies he eto as follows: That Property Owners, Jeffrey A, and Carol E. Bender .ieu of making the improvements specified herein, prior to final >ection or the giving of a certificate of occupancy, agree, coven- and pr raise that they will install, construct or cause to be in- _led or constructed the improvements hereinafter set forth within qty (30 days of written notice from the Planning Commission to :all sa d improvements. For the faithful performance of the promises and coven- herei contained, Property Owners hereby grant to the City of _a Vist a lien upon the property herein described, and in the it that Property Owners, their successors, heirs, assigns, or trans- ~es, fa 1 to install or construct said improvements in the manner within the time specified herein, they agree that City may do or all of the following: -1- ~Q? k h ~~ ~. ~~~ (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. (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, w i sj ~ s Yea Ci~t: s h~a ca'~s: hol 1 cads mein war f ij 1 o~ m~1 s rs , th the C over t ade pr 1 not If 1 be r depos this depos s and shall in th hat wo ion of At any time during the period herein provided, Property it heirs, assigns, or transferees, may make a cash deposit ty in the amount estimated by the Director of Public Works e total cost of the improvements. If said cash deposit or to the recording of this agreement, then said agreement e recorded as long as said cash is on deposit with the aid cash deposit is withdrawn from the City, said agreement corded. If this agreement has been recorded and then said t is made, the City may release said lien of record and greement or any new agreement unrecorded as long as said t is left with the City. The work to be performed and the cost of said improve- he amount of this lien is the sum of $6,650.00, and said be done in accordance with plans and specifications on Office of the Director of Public Works, and shall consist 'k specifically deferred by the action of the Planning Com- the City of Chula Vista, as follows: PAC C. All y - 556 S.F. at $1.85/SF = $ 1,029 C r and G tter - 36 L.F, at $6.00/L,F, = 216 S~d walk, 50 S.F. at $1.80/SF = 270 AIC Pavem nt, inc. base, 740 S.F. at $0.66/SF = 488 750 St~r et Lig t - 1/2 of $1500 S o m Drai , 1/2 of 50 L.F. at $54/L.F. 1,350 X50 C~e nout - 1/2 of $1,700 Goa ing, L p Sum 200 Subtotal $ 5,153 E~g neerin Plan Preparation & Survey Staking 390 607 Can ingenc es 500 Aft rneys' Fees TOTAL $ 6,650 -2- 9?„4",5 %68 ~~ anc~/ r thei at ~ s ch tim sa~.d petiti to 1e otest in$t tuted. I' I ague ment t fort . THIS ~ITY OF A' It is further understood and agreed that Owners heirs, assignees or successors in interest shall as a 1911 or 1913 Act petition is circulated, sign n and that said parties do hereby waive all rights n the event such a 1911 or 1913 Act proceeding is WITNESS WHEREOF, the parties hereto have caused this be executed the day and year first hereinabove set CHULA VISTA /~/~' (,, C City of Ch Vista '1.Ly l:lerx ~l ~~r ved as to form ,by l/ ~~~ ~ L v Attorn v i' a O '', ¢~~, I ~- !i v i -_ v ~- ~Q ~! Z ~'',IY 0 ~'tL J Q 'U (Attach rdotary Acknowledgment) ~; Indi idual Ac:Knowledgment STA E OF CALIFO~`R~NI COUNTY OF,,,SI+~~V ~~'~ SS. On r' ~ -~ before me, the undersigned, a Notary Public in and for said Cou ty and State, personally appeared J~r~ Rey ~ ~ ~~.~~ ~~ kno n to me to be the persons whose Hamer: I~`it__ subscribed to the within instrument and ac-cn wledged that executed the same. n WIT~ESS my~fjand-and offici5l i I N tart' Public in and for said County and State T-22 ~ ~ _- _.... I _.._. __<. _._._.. _. - ~..,. .r ~~a~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I 1111111:1 III I IIII IIIIIIIIIIIIIII~ ORFICIAL SEAL € ,, ARTHUR SIIDNEY AIARt `~ NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY s My Commission Expires Mar. 8, 1980 III I III 1111111 I I IIIII III I I II I I I I III I I IIIIIIIII II I I II I IIIII N411111i11111111111111II I I I II I II II II I II II II '78~-41.~~~~ FILEIPA~E~KD197--8 """"' RECpRDED REOU~E~,~~OF ~~~ SEP 18 I I ~7 ~N' ( ~ o~~ ,vf;~i_ r~co~i:vs ':SkN Dli:Gtl Ct~tiNTY.i'AL1F.' NAttiwE~'t=~t3LDuN. RECt~Ri7fR. A7 ~ r'~ ~ `g"nt~ ~~~;