The URL can be used to link to this page

Home My WebLink AboutReso 1978-8995Form No. 342 Rev ~ 3/ 74 RESOLUTION N0, gg95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DAVID B. RICHARDSON, LINDA RICHARDSON AND WILLIS RICHARDSON FOR DEFERRAL OF PUBLIC IMPROVEMENTS- 1150 WALNUT AVENUE IN THE CITY OF CHULA VISTA AND AUTHORISING 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 DAVID B. RICHARDSON, LINDA RICHARDSON and WILLIS RICHARDSON for the deferral of the installation of public improvements at 1150 Walnut Avenue, dated the 7th day of February 19 78 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby appravedm 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 /.~J. 0. /1a~f r~ W. J. Robens, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this ~t11 day the following vote, to-wit: Approved as to form by George Lindberg, City Atto y the CI°TY COUNCIL of the CITY OF CHULA of FPhr>>a rv 197~_~ by AYES: Councilmen fox, Scott, Fgc3ahl , T-lnhP1 NAYES: Councilmen Non ABSENT: Councilmen Hyde .~ ~~ Mayo.r~'of the City of Chula V~.sta Pro Tempore ATTEST City lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CHULA 'VISTA) I, , City Clerk of the City of Chula Vista, California, DO iiEREBY CERTIFY that the above is a roll, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED ity Cler ~I - 8~ AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEP4ENTS ON THE PROPERTY OWNED BY DAVID B. RICHARDSON, LINDA RICHARDSON AND L4ILLIS RICHARDSON, LOCATED AT 1150 WALNUT AVENUE IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 7th day of February , 1978, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and DAVID B. RICHARDSON, LINDA RICHARDSON and WILLIS RICHARDSON, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, Property Owners have 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 Aunicipal 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, in its discretion, feels that said installation of public improvements would cause a defective condition to the property, or it would be extremely impractical to install or 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 December 14, 1977 did grant said request for an exemption to the provisions of Section 12.24.040 on the conditions set forth hereinafter, for the property located at 1150 Walnut Avenue (Tax Parcel No. 617-060-02) 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 Owners, DAVID B. RICHARDSON, LINDA RICHARDSON and WILLIS RICHARDSON, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agree, covenant and promise that they 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 improvements. 2. For the faithful performance of the promises and coven- ants herein contained, Property Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Property Owners, their successors, heirs, assigns, or trans- ferees, fail to install or construct said improvements in the manner and within the time specified herein, they agree that City may do any or all of the following: -1- j. 83 (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. 3. At any time during the period herein provided, Property Owners, their 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 shall 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 $6,300.00, and said work shall be done in accordance with plans and specifications on file in the Office of the Director of Public Works, and shall consist of that work specifically deferred by the action of the Planning Com- mission of the City of Chula Vista, as follows: Curb and Gutter - 94 L.F. at $6.05 = $ 570 Sidewalk - 470 S.F, at $1.75 = 820 Grading - L.S. = 500 Asphalt Concrete Pavement incl. base - 1,536 S.F. at $.66=1,020 Street Light - 1 each = 1,500 Sub-Total $4,410 Contingency 1,320 Sub-Total $5,730 Engineering Plan Preparation & Staking 250 Attorney's Fees 320 TOTAL $6,300. -2- 5, It is further understood and agreed that Owners and/or their 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. IN L4ITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth, THE CITY OF CHULA VISTA ~~~„z,~-~' a~~-Q- Ma r he City of Ch~ Pr Tempore~^' ATTEST ~,,.ip, v/Y/ Approved a~~ orm by ~'~~ (/ ~~~ City Attorney 7 . " `~~` (Attach Notary Acknowledgment) -3- _ -, r?, ; Cctk F orm No . 3 4 2 c~=- i'. ~~. L;;~ 1~s7 Rev. 3j74 (hula Vista, CaliEocnia 92012 RESOLUTION N0. 8995 RESOLUTICN OF TIE CITY CCUNCIL OF 'THE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DAVID B. RICHARDSON, LINDA RICHARDSON AND WILLIS RICHARDSON FOR DEFERRAL OF PUBLIC IMPROVEMENTS- 1150 WALNUT 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: PdCW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and DAVID B. RICHARDSON, LINDA RICHARDSON and WILLIS RICHARDSON for the deferral of the installation of public improvements at 1150 Walnut Avenue, dated the 7th day of Fehrt~ary 19 78 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/ l,i. J. P.obens Approved as to form by ~'" ~/ W. J. Robens, Director of George Lindberg, City Attor Public Works ADOPTED AND APPROVED by the CITY- COUNCIL of the CITr Or CHULA VISTA, CALIFORNIA, this 7tj1 day of February 19 78 , by the following vote, to-wit: AYES: Councilmen Cox, Scott, E~dahl, Hobel NAYES: Councilmen None ABSENT: Councilmen Hyde ATTEST /s/ Jennie M. Fulasz CiLV Clerx /s/ James E. Hobel Dlayor of the City of Chula Vtsta STATE OF CALIFORNIA) COUNTY OF SAN DIEGOI ss. CITY OF CI.UL~;VISIA) I, Jeanie ~I. Fulasz City Clerk of the City of Chtzla_`,Iista, California, DO fiEREBY CERTIFY that the above is a full, true ar.~ cor-sect coo~j~f Resolution No. 8995 and that the same has not beexi-arriended or Lpealed. DATED February 10. 1978 Clty Clerk i.: r 11.E r F,~~ ~, ? ;:...~.-.-~--.. ' Mr 'r' ~~~ k~1~J L~~Lr.1~ ~~ .~i. ~~ 0 ` ! A g , ~ { p~-r ~ r.~}i ~:,,~~~~ SA^i G'l~;Gt; COGNTY~CALIF. . ,~)~ ~ ~ i-I.".fLc"'~ r.81J0~1 RECOR~SER \ G N '~ . ~ '~ /~ /N N 04 C~J z ". - ~ :.<< Q _ v ~ - ~ ~ ~ ~ M r - ~ Q i ~' ~ ~ ~ ~ :~; 7 ~ Q SIOCWALK EL1Sl~~1'-['. 2Gy ~. -1 ~ ~ 2_ z9_s~ ' - ------ ~ ~ L . coo . 9 , •, "~~ ; Q ~ ~~ = Zo 1"7'4y" 5 " •~ , ~+ ~ = ° ~ 8.15 5.5" Z o' Z v' S.5 4- 5' 4. a' • 3v" 3 0' ~q Slv ?; "~.a~ DRAWN BY may,, 7 I T !_ E ______~~~//~ __ ~~t=EZ2A` O~ 1~uI3`.~c- I1~PiZOVE1~1Et~TS DATE _ _ _ -11 _`~ - "7 7 _ ~ l S ~ HIV A L. ~,l V T A~/'~ . .~ 2 l C H, A TL t~ 5 o N