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Home My WebLink AboutReso 1976-8347'Form No. 342 Rev 3/74 RESOLUTION N0, 8347 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOSEPH BUSH,, IRENE BUSH AND MICHAEL BUSH FOR DEFERRAL OF SIDEWALK ALONG TOYON LANE 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 C~iULA VISTA, a municipal corporation, and JOSEPH BiJSH, IRENE BUSH and MICHAEL BUSH, for deferral of sidewalk along Toyon Lane dated the 22nd day of September , 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 Vrsta~ Presented by C.~t/. ~CG~`~r i~j.~1•' W. J. Robens, Director of Public Works Approved as to form by ~~ .~'~~~~ George D. Lindberg, City Attorney ADOPTnD AND APPROVJD by the CITY COUNCIL of the CITY OF CfiULA VISTA, CALIFORNIA, this 5th day of October 1976 by the followinc vote, to--wit: AYES: Councilmen Hyde, Cox,_Hamilton, Hobel NAYES: Councilmen None ABSENT: Councilmen Egdahl ,~.~ PZayor of the City of Chula Vista ATTEST City C erk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CC~ULA VISTA.j I, _ , City Clerk of the City of Chula Vista., California, DO F'EREBY CERTIFY that the above is a full, true and correct cony of Resolution No. and that the same has not. been amended nr repealed. DATED City Clerk i~ ~u ~ennir I`t. 1'ulasz, City Clerk l~. U, i'~ox 1087 Chul,~ ~'itta, (:alifi>rnia 92012 ~. i rc, ' ~ ~'ornt No . 3 ~ Itcv, 3/7~ RESULU'.[':LON NO. 8347 IZIsSOLUTION Or' TI:E CITY COUNCIL OF Tlil'~ CITY OF CIIULA VISTA, APPROVIIIG AGRL;EML;NT I3.t~.,Tt~~L'EN fiI~E CITY OF CIIULA VISTI~ AND JOSEPH BUSH, IRENE BUSH AND MICHAEL BUSH FOR DEFERRAL' OF SIDEti^JALI'. ALUNG TOYON LANE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT TI"ie City Ccur:c: ~ 1 of the City of Chula Vista does hereby resolve as fol"lows: NOL•1, THEREFORE, BE IT RESOLVED that that certain aareemenf: between THE CITY OF CIIULA VISTh, a municipal corporation, and JOSEP~I BUSH, IRENE B[1SH and MICHAEL BUSH, for deferral of sidewalk along Toyon Lane dated the 2?_nd day of September 197 a cops' of which is attached hereto and incorporated herein, the same as though fu)_ly 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 aareert•vnt for and on L;ch<<lf of the City of Chula Vista , P.r~~~nted by A~;proved as to form by /s/ W. J. Robens /s/ George D. Lindberg W. J. Robens, Director of Public George D~ Lindberg, City Attorney Works ADOPT';D AND API?ROVED by the CI.1'Y COUNCIL of the CITY OF CI'U.LA VISTA, CALIF02NIA, this 5th day of October , 19 76 , by the followlnc vote, to-wit: i ~--'- AYES: Councilmen Hyde, Cox, Hamilton, Hobel NAPES : Councilmen None ABSi;NT: Councilmen Egdahl /s/ Thomas D. Hamilton, Jr. rlayor of the CI_ty cif Chub Vista ATTEST /s/ Jennie M. Fulasz ~C:~tv C]_eric ` sT~,TE OF c~~~.~:ro~~A1I.,~) COU?1'I'~' CIS SA:~1 DII,~)O) ss . CITY OF C(iULA VIS'T'A) I, Jennie_M. Fulasz _ _ ___, City Clerk of t:he City of Chula V~.~,i-a, Cal i.~-rnia, DO I'FR.I=;I3Y CI,I "IFY that t}.e above a. ;; a ftll]_, trtl~ t?.nd CC~T ~"E:rt COt`?~i Oi~ F~C'SOlUCt(~!n. No • 8347 , cii1C1 thdt t)1i'' name ha~~ not been a~;~~~t~cac,d car rt,~pc~~tlcxl. DA~7'I~;D October 13,_ 1976 ~~ ~~ - 6'73 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 IMPROVEMENTS ON THE PROPERTY OWNED BY JOSEPH V. BUSH, IRENE THOMPSON BUSH AND MICHAEL E. BUSH, LOCATED ON TOYON LANE THIS AGREEMENT, made and entered into this 22nd day of Se tember 1976, by and between THE CITY OF CHULA VISTA, a municipa corporation, hereinafter referred to as "CITY", and JOSEPH V. BUSH AND IRENE THOMPSON BUSH, husband and wife, and D7ICHAEL E. BUSH, an unmarried man, as joint tenants, 4544 Creste Verde Lane, Bonita, California 92002, hereinafter referred to as "Property Owners"; W I T N E S S E T H WHEREAS, Property Owners have applied to the Planning Commission 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 public 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 Planning 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 con- . struct 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 WfiEREAS, the Planning Commission, on July 12, 1976, denied said request, but said matter was appealed to the City Council and on August 10, 1976, the City Council 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 on Toyon Lane, more particularly described as Tax Parcel No. 566-281-21, 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, Joseph V. Bush, Irene Thompson Bush and Michael E. Bush, in lieu of making the improvements speci- fied herein, promise that they will install, construct or cause to be installed or constructed the improvements hereinafter set forth at such time as the improvements on adjacent property are undertaken and property owners or their successors in interest hereby waive their right to protest as provided for under the Municipal Improvement Act of 1911. 2. For the faithful performance of the promises and cove- nants herein contained, Property Ovaners 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 transferees, 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 - ~ 6'74 (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 withdra~en 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 $2,500.00, 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 that work specifically deferred by the action of the City Council of the City of Chula Vista, as follows: PCC sidewalk (295x5), 1475 S.F. @ $1.10 = $1,622.50 Sub-grade preparation, lump sum = 377.50 $2,000.00 10~ Contingency 200.00 Attorney's fees 300.00 TOTAL $2,500.00 - 2 - 6'75 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 PROPERTY OWNERS Josl~ph V.~Bush F Irene Thompson Bush >~~~P ~- Michael E. ush (Attach Notary Acknowledgement) - 3 - Approved as to form by ~~~ ~ .~' ~/ City ttorney