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Home My WebLink AboutReso 1977-8484 Fdrm No. 342 Rev. 2/76 RESOLUTION NO. 8484 RESOLUTION OF THE CITY COUNCIL OF "T~iE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND 1"iABEL I. LOVELL FOR DEFERRAL OF PUBLIC IMPROVErZENTS ADJACENT TO 124 MINOT AVENUE 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 MABEL I. LOVELL, for deferral of public improvements adjacent to 124 Minot Avenue, dated the 14th day of December 1976 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 W. J. Robens, Director of Public ~ G or D. Lindber Works ~ ~, City At rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25th day of January , 197 , by AYES: Councilmen Cox, Scott, Egdahl, Hyde NAYES: Councilmen None ABSENT: Councilmen Hobel "~ v Mayor he City of Ch a Vista ,,r' ATTEST .' ~ ~~ ~ ~' City C1 rk 4 STATE OF CALIFORNIA) COU1~~I'Y OF SAN DIEGO) ss . CITY OF CHULA VISTA) I- , 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that tre same has not been amended or repealed. DATED City Clerk ., • ;- _.,.._ 7 .. 7 nic ;~,4. F_~..'..., ~^;,~, Clerk -, F ~n„ ' -~ yis:a, C:;lilca~ia. 92013 RESOLUTION N0 . 8 4 8 4 RESOLUTION OF THE CITY COIJNCIL OF fiI~E' CTTY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN TIIE CITY OF CHULA VISTA AND 1''IABEL I. LOVELL FOR DEFERRAL OF PUBLIC IA4PROVEPIENTS ADJACENT TO 124 IdINOT AVENUE AIv'D AUTHORI7ING THE MAYOR TO EXECUTE SAID AGREEMENT Form No. 342 Rev. 2/75 The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE ~T RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and PIABEL I. LOVELL, for deferral of public improvements adjacent to 124 Minot Avenue, dated the 14th day of December 1976 a copy of which is attached hereto and incorporated heroin, 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 ~ ~~ / / ~~~ _ ~ ;- Geom . Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL cf the CITY Or^ CHULA VISTA, CALIFORNIA, this 25th day of January 1977 , by AYES: Councilmen Cox, Scott, Egdahl, Hyde NAYES: Councilmen None ABSENT: Councilmen Hobel /s/ Frank A. Scott Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STAZ'F OF CALIFO?~rdl'~ ) COUIV~I'Y OF SAN "Il'IEGO) ~s . CITY OF CHtJLA VISTA) I, Jennie M. Fulasz City Clerk of the City of Chula- Vista, Cali~:or7:ia, DO IIEREBY CEi2TIFY that the above is a fu).1, true and correct copy' of Resolution No. 8484 •and that the same has not been amended:c~r'r~pealed. DATED January 26, 1977 _~ ~' ~~Cs.ts~ Cler r 33'7 SUBDIVISION IMPROVEMENT AGREEMENT DEFERRAL OF PUBLIC IMPROVEP~LENTS AZJD LIEN AGREEMENT FOR PARCEL 1 OF TENTATIVE PARCEL MAP 18-76 ADJACENT TO 124 D4INOT AVENUE THIS AGREED'IENT, made and entered into this 14th day of December , 1976, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and P~'iABEL I. LOVELL, 124 P4inot Avenue, Chula Vista, California, 92010, hereinafter referred to as "Property Owner"; W I T N E S S E T H WHEREAS, Mabel I. Lovell has heretofore submitted a Ten- tative Parcel Plop 18-76 for the division of certain property located adjacent to the property at 124 Niinot Avenue, more particularly known as Tax Assessor's Parcel No. 566-300-19, and WHEREAS, said Tentative Parcel Map meets the requirements of the Chula Vista Municipal Code and may now be certified subject to the fulfillment of certain conditions precedent thereto. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Owner agrees that prior to the approval and certi- fication of that certain parcel map dividing certain property located adjacent to the property at 124 P4inot Avenue, more par- ticularly known as Tax Assessor's Parcel No. 566-300-19, that they will either cause those improvements as set forth hereinbelow in the estimated amount of FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($4,500.00), to be accomplished or will provide adequate security therefor. 2. Property Owner, Mabel I. Lovell, in lieu of making the improvements specified herein, promises they she will install, construct or cause to be installed or constructed the improvements hereinafter set forth within thirty (30) days of written notice from the Director of Public Works to install said improvements. 3. For the faithful performance of the promises and cove- nants 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, her successors, heirs, assigns or trans- ferees, fail to install or construct said improvements in the manner and within the time specified herein, she agrees that City may do any or all of the following: (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, her 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. - 1 - 338 (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 lava, for the foreclosure of a lien, and Property Owner, her heirs and assigns, shall pay reasonable attorney's fees to be taxed as a cost in said pro- ceedings. 4. At any time during the period herein provided, Property Owner, her 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. 5. The work to be performed and the cost of said improve- ments and the amount of this lien is the sum of $4,500.00, 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 the. following: Type "G" curb & gutter, 71 L.F.@ $5.00/L.F. $355 Sidewalk, 320 S,F, @ $1.20/S.F, 384 Driveway approach, 125 S,F. @ $1.80/S.F. 225 A.C. pavement, 1170 S.F, @ $.65/S,F. 760 Roadway excavation, Lump Sum 500 Storm drain, 27" RCP, 71 L.F. @ $28/L,F. r, 1/2 994 3218 Engineering preparation of plans & Const. staking 382 3600 Contingencies 450 Attorney's Fees 450 Total Cost 4500 6. It is further understood and agreed that Owner and/or her 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 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 O~9NER Mayor oT~the City o ~ Chula/Vis ATTEST.+~~; i~r~~ _ ~~~ ~~~.-_~%~ /°\~`~- City Clerk Approved as to form by ~~ `~~ ,~ ~ c~ Cit Attorney ~_ Mabel ~, Lovell-'^~ (Attach Notary Acknowledgment) -~ ~ ..,~ . ~ .`'--~~~ 340 , I ;~ V,_ NUc t !0' 7R£E Pc l:rlrinG n rrr,lrlTEr/; EK ~ ~ "4~ EASE f£!rT ~ ~ ~ ~ i I .~~Y ~ W ~~~' s`;`,Te,~ ~-o \~\~ '4~. =~ ~ r: a. '~ 0 ~ , r C D ~, ~ ~. ~I s ~I ~ a 'e" arnecr ? S~C011'p ~ v~rfvE ,r_ - E, }. 1 7 1. E. ;~~ ~ ~ ,ice .~" ;/-c 7f" , !7~t ~' ~ ~'/ i i r~ 'r~ :~ ~~ ;/ ______.~ _. -- --_...,.~.__._...._..._..._ l/r~f , nr /~i . ,'~L ~,> > J t, , r l TJ .L. /~ ' ~ z ~ i.. !_ f.~r' - l..~ /G, vn~ _ ,,~, ,: „~ N I~ -,: N J Q ~ c~ e `~`