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HomeMy WebLinkAboutReso 1977-8660r! RESOLUTION) NO. 8660 RESOLUTION OF THE CITY COUNCIL OF VISTA AUTHORIZING THE DEFERRAL OF OF CERTAIN PUBLIC IMPROVEMENTS ON BY DAVID M. ArID JERELYN A. BOUNDS LANDIS AVENUE AND GARRETT AVENUE, AT THE REAR OF 209 GARRETT AVENUE CHULA VISTA THE CITY OF CHULA THE INSTALLATION THE PROPERTY 0~~7NED LOCATED BETWEEN SOUTH OF E STREET, IN THE CITY OF The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 2.Oth day of April, 1977, the Planning Commission of the City of Chula Vista, in accordance with the provisions of Section 12.24.070 of the Chula Vista Municipal Code, authorized a delay in the installation of certain improvements on the property owned by David M. and Jerelyn A. Bounds located between Landis Avenue and Garrett Avenue, South of E Street, at the rear of 209 Garrett Avenue in the City of Chula Vista, and WHEREAS, said property owners agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the deferral of the installation of certain public improvements on the property described hereinabove, in accordance with the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said Council does hereby accept said offer of a lien on said property to insure the comple- tion of said improvements, and that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said lien agreement and this resolution in the Office of the County Recorder of the County of San Diego, California. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to sign the Agreement for the Deferral of the Installation of Public Im- provements which contains said lien. Presented by ,/,', > ` r f• `~ W. J. Ro ens, Director o Public Works Approved as to form by George ~: Lin erg, City Atto,~-rey ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this. 14th day of June 197 , by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, cox, Hyde NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ,~ ~l Mayor of the City of Chul Vista ATTEST City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ,and that the same has not been amended or repealed. DATED (seal ) City Clerk CC-660 ~ ~~ " 569 AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA AP1D LIEN SECURITdG THE FUTURE INSTALLATION OF SAID IA4PROVEMENTS ON THE PROPERTY flYJNED BY DAVID M. APdD JERELYN A. BOUNDS FOR THE PUBLIC ALLEY BETWEEN LANDIS AVENUE AND GARRETT AVENUE, SOUTH OF E STREET, AT THE REAR OF 209 GARRETT AVENUE IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 14th day of June , 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and DAVID M. and JERELYTQ A. BOUNDS, 555 First Avenue, Chula Vista, California 92010 hereinafter referred to as "Property Owners"; W I T Td 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 municipal 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 G4EiEREAS, the Planning Commission, on April 20, 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 Landis Avenue and Garrett Avenue, south of E Street, at the rear of 209 Garrett Avenue, more particularly known as Assessors' Parcel No. 568-050-4, and did find that the grounds for said request for an exemption were reasonable and were in confor- mance 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 M. and Jerelyn A. Bounds, in lieu of making the improvements specified herein, prior to final inspection or the giving of a certificate of occupancy, agree, coven- ant and promise that they will install, construct or cause to be in- stalled 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 - _ ~~~~ (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- e 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 $1300.00, 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: Removal of existing pavement, lump sum $ 250 5" P.C.C. Alley (75 x 7.5 x $1.60) 901 $1151 l0o Contingency 115 1266 Lien Amount $1300 - 2 - ' 5'71 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 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 yor o t e City o a Vis ATTEST ':a~y:~t.~'r~:..-,~'",/,, f/ -~ City C'l e Approved as to form by ~`e'i ty A~rney PROPERTY OWNERS ~~ ' -'' David M. Bounds re yn Bounds (Attach Notary Acknowledgment) "'' "-.'~ .S415t 'r,L S Dien-,a C,,. zff. ~~, (Nar. 17, 1980 - 3 - ~ ~[,` RESOLUTION NO. 8~6~r RE5ULUTION OF THE CITY COUNCIL OF VISTA AUTHORIZING THE DEFERRAL OF OF CERTP.IN PUBLIC Ib2PROVETZENT5 UN BY DAVZD M. AND JERELYII A. BOUNDS LANDI S AVEPJU%. AND GARRETT AVENUE , AT THE I'.EAR OF 209 GARRETT AVENUE CHULA VISTA THE CITY OF CIiULA THE I2ISTALLATIUN THE PROPERTY OF~INED LOCA~i'ED BETWEEN SOUTH OF E STREET, IN THE CITY OF The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 2~Oth day of April, 1977, the Planning Commission of the City of Chula Vista, in accordance with the provisions of Section 12.24.070 of the Chula Vista Municipal Code, authorized a delay in the installation of certain improvements on the property owned by David M. and Jerelyn A. Bounds located between Landis Avenue and Garrett Avenue, South of E Street, at the rear of 209 Garrett Avenue in ttie City of Chula Vista, and j•IIiEREAS, said property owners agreed to furnish to the City of Chula Vista a lien on said property, in an amount sufficient to construct said improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City o.f CYiula Vista does hereby authorize the deferral of the installation of certain public improvements on the property described hereinabove, in accordance ~~~ith the recommendations of the Planning Commission. BE IT FURTHER RESOLVED that said Council does here;~y accept said offer of a lien on said property to insure the comple- tion of said improvements, and that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said lien agreement and this resolution in the Office of the County Recorder of the County of San Diego, California. BE IT FURTHEP. RESOLVED that the Mayor of the City of Chula Vista be, and he is :hereby authorized and directed to sign the Agreement for the Deferral of the Installation of Public Im- provements which contains said lien. Presented by W. J- Robens Director ~r Public Wor}a Approved as to form by George D. Lin erg, City Attorney !'~'~r.~41GrIGr8 r"i• ~/PAGc NC. ,,. dOQt~ 1977 ~.___. RECQRDEC REQUES ~ fir ~. .~' ~~3 CITY ~.E~:K Jua 1l IJ 3s ~~ '"~ i OFFlCIAl. RE!,~~R a ~' SAN [1lEG~ COUN~~'~ . ;:,a;.,6 . WARLEY F. R:_ ;;;-~ fiECOHDt: ;. NO FEE .. ; ~z ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this ~ ~= day of ~' ~~!~ 197 '~ , by the following vote, to-wit: AYES: Councilmen ~~~~~ ~`~da~h3.. r~Qk~el, t"c~xt t~"r;~~ NAYES: Councilmen '~~©n+e ABSTAIN: Councilmen '°°~~ ABSENT: Councilmen ~'~'°~~ /s/ Will T. Hyde Mayor of the City of Chula Vista ATTEST /s/ Jennie ~i. Fulasz City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of :mss©Iution °~~o. 8t6t1 ,and that the same has not been amended or repealed. DATED dune ~~~ 1977 (-seat )~ - ~.; ,. CC-660