The URL can be used to link to this page

Home My WebLink AboutReso 1978-9187~' Form No. 342 Rev. 276 RESOLUTION NO. ~1~~7 RESOLUTION OF THE" CITY COUNCIL OF-~iE" C'I-TY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLARD A. RIGLEY, FOR DEFERRAL OF PUBLIC IMPROVEMENTS AND LIEN FOR TENTATIVE PARCEL MAP #4-77 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLARD A. RIGLEY, for deferral of public improvements and lien for Tentative Parcel Map #4-77 dated the 30th day of August , 1977 , 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 e ,~ ~'°~ .~' f. ~' - - W. J. Robens, Director of Public Works Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 11th day of July ~ 19 78 - bI' the following vote, to-wit: AYES : Councilmen Cox, E~dahl, Hyde, Gillow NAYES: Councilmen None ABSENT : Councilmen Scott "~ ~\`, Mayor of the City of Chula Vista ~, ATTEST `~ Lti~' L ~~ ,~-e ~'D,eputy City Clerk ~_ i STATE OF CALIFORNIA) COUN~I"Y OF SAN DIEGO) ss. CITY OF CHULA VISTA) I~ _ City Clerk of the City of Chula Vista, California, DO HEREBY CERT~I~~,,~hat the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City C le rk ~______-_- -c~~^ ~~~~"~~ar~~i To: '~~,~~~ rs. rt,~1t~, city ci~~ r. a. B«x 10~~ -1~ula 1r'i.,ta, CaliSurni~ 92.0.1 ~_~6~~ RESOLUTION N0. J 18'1 RESOLUTION OF THE CITY COUNCIL OF'-3'IiE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETti+TEEN THE CITY OF CHULA VISTA AND WILLARD A. RIGLEY, FOR DEFERRAL OF PUBLIC IMPROVEMENTS AND LIEN FOR TENTATIVE PARCEL MAP #4-77 AND AUTHORIZING THE 1~IAYOR TO EXECUTE SAID AGREEMENT l'J F'o r;n iQ o . 3 4 2 Rev. 2/70 The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLARD A. RIGLEY, for deferral of public improvements and lien for Tentative Parcel Map #4-77 dated the 30th day of August 1977 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 /s/ W. J. Robens W. J. Robens, Director of Public Works Approved as to form by " ~ ' ~ / .., . ,. -~ _ : ., _ y' ~' George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHUI:A VISTA, CALIFORNIA, this 11th day of July ~ 1975 , by the following vote, to-wit: AYES: Councilmen Cox, Eadahl. H d ;11ow y~r_~~ NAYES: Councilmen None ABSENT: Councilmen Scott /s/ Will T. Hyde Mayor of the City of Chula Vista ATTEST /s/ Jane A. Diedrichs Deputy City Clerk STATE OF CALIFORNIA) COUIvI'Y OF SAN DIEGO) ss . CITY OF CHULA VISTA) T,,_Jane A.,.Diedrichs, Deputy , City Clerk of the City of Chula Vista, California, DO HEREBY CER~J~F~,,lthat the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED Jul 1 Deputy City Clerk ~_~l0 AGREEP'[ENT FOR THE DEFERRAL OF THE IPISTALLATION OF CEP.TAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE IPI5TALLATION OF SAID IP?PROVEP'IENTS ON THE PROPERTY Ot^TNED BY jr1ILLAP,D A. RIGLEY LOCATED AT 194 P4IP1OT AVENUE THIS AGREEP4EDIT, made and entered into this 30th day of August , 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and P]ILLARD A. RIGLEY, 3035 Tennyson Street, San Diego, CA 92106, hereinafter referred to as "Property Owner "; W I T N E S S E T H WHEREAS, Property Oumer has applied to the Planning Com- mission of the City of Chula Vista for an exemption to the provisions of Section 12.24.040 of the Chula Vista P'Iunicipal Code, in accordance with the requirements and conditions of Section 12.24.070 of said Code, which provides, generally, for the installation of certain pub- lic 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 Plan- ning Commission, iii its discretion, feels that said. installation of public improvements would cause a defective condition to the property, o~~ :i c woui~I be extremely iir~practicai to install ter construct the same, then the Planning Commission, 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 Planning Commission, on August 10, 1977 did grant said request for an exemption to the provisions of Section 12.24.040 on the conditions set forth hereinafter, for the public alley between Second Avenue and P~~inot Avenue, adjacent to the property at 194 Minot Avenue (County Tax Parcel 1`10. 566-310-23) 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, Willard A. Rigley, 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 Planning Commission to install said improve- ments, 2. For the faithful performance of the promises and coven- ants 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, his successors, heirs, assigns, or trans- ferees, fail to install or construct said improvements in the manner and within the time specified herein, he agrees that City may do any or all of the following: -1- n,U~ 8~~. (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 Owner, his 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 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 PJorks 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 Owner, his heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. 3. At any time during the period herein provided, Property O~~ner, his 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 stall 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 $4,400.00, and said work shall be done in accordance v?ith plans and specifications on file in the Office of the Director of Public [corks, and shall consist of that t•~ork specifically deferred by the action of the Planning Com- mission of the City of Chula Vista, as follows: 1. Grading $ 500 2. 5" P.C.C. Drivevray, 1300 S.F. at $1.35 1,755 3. 24" R.C.P. Storm Drain, 50 L.F. at $26. 1,300 $3,555 Engineering Plan Preparation and Construction Staking 166 $3,721 Contingencies 372 Attorney's Fees 307 Total Cost - 4,400 -2- a~ ~~ x_812 5. It is further understood and agreed that Owner andfor his heirs, assignees or successors in interest sha11 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. IN WITNESS WHE?ZEOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth, THE CITY OF CHULA VISTA ~~ D~ayor of t e City of Ch a Vista ,~ ATTEST ~- ,~_ .~, D~pu y City lerk Approved as to form by ;- ~r City ttorney i f: Willard A. Rigley C C% (Attach ZZotary Acknowledgment) '~8=3Q43~1 F-LE~PAsOCK i978 RECORDED REQUEST OF ~i~i~R v~s'7~~lTY CLERK Jn~ tU i~ z6 ~~ y, tl _3_ tlFFiCIAE. RFCORCS SAN LttE Cf() COIaN ~ Y, CAi,IF. NARIEY F.al00M RECORDER .~1- ! I' ', ~. at n DROWN BY T I T L E _ G_Y_______ TENTATtYE PARGEt_ MAC 4-77 DATE pEFERRAL FOR PL1t3L_1L IMPROVEMENTS _G _30-78 - - -