HomeMy WebLinkAboutReso 1973-6916Form No. 342
Rev. 9-71
RESOLUTION NO. 6916
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VTSTA AND ROBERT E. CASEY, 358 TROUSDALE DRIVE, CHULA
VISTA, WAIVING REQUIREMENTS FOR UNDERGROUNDING OF
UTILITIES
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
Robert E. Casey, 358 Trousdale Drive, Chula Vista, waiving requirements
for undergrounding of utilities
dated the 26th day of June 1973 , a copy of
which is attached hereto and incorporated herein, the same a~ though
fully set forth herein be, and the same is hereby approved.
BE TT 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
G~i'm'C.•~,... '
Lane F. Cole, Director of George D. indberg, City Attorne
Public Works
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 26th day of June , 1973 , by
the following vote, to-wit:
AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES: Councilmen None
ABSENT: Councilmen None
~~~'. 1 '
Mayor of the City of Chu~~la Vista
ATTEST ~~7~LGPJ Q~
City Cle
STATE OF CALIFORNIA )
COUNTY 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 the same has not
been amended or repealed. DATED
City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of
June 1973, by and between THE CITY OF CHULA
VISTA, a municipal corporation, I~ereina;ter called "City" and
Robert E. Casey, 447 "H" Street, Chula Vista, California 92010, here-
inafter called "Subdivider";
W I T N E S S E T H
WHEREAS, the provisions of Chula Vista Ordinances No. 1128
and 1437 require the undergrounding of distribution utility installations
in residential, commercial and industrial zones for all ne;w structures
or buildings within the exterior boundary lines of such property except
where a tentative subdivision map has been previously accepted by the
Council or sewer and water utilities have been installed or in those
circumstances where such undergrounding would be infeasible or impractical
as set forth in said ordinances, and
WHEREAS, no subdivision has previously been filed on the
subject property located at 447 "H" Street in Chula Vista (Assessor
Parcels 568-370-20 and 568-370-21).
WHEREAS, the present installation of utilities underground
will represent a substantial and unreasonable burden to the Subdivider.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. In the event that a program of undergrounding utilities
is initiated or proceeds from the formation of an assessment district,
Subdivider, for himself and his successors and assigns, agrees not to
object to the formation of such a district or levy of an assessment
to defray that portion of the cost of said program attributable to
Robert E. Casey.
2.~ In consideration of the promises made herein. by Sub-
divider, which promises are specificall°y intended to bind .his
successors and assigns, City hereby waives the requirements of
Ordinance Nos. 1128 and 1437 as .they apply to undergrounding of
utilities on the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
SUBDIVIDER
~d~~ ~~
May /of the City of Chula Vista Ro ert E. Casey
/ Pro T ore
z~`~ ~ ~~ D State of California
~, ~ . ,~ „ram K~~!, lr„
Attest - ~ ~ unty of San Diego
~-- City C 1 e k ~-'`"''
~ On June 6 1973 before me the undersigned
Approved as to or
City A orney
~~ -- a~ric~±_ :_~A.~
~,~;
~,,,
.,,...w.^+,,wn.~sr..4ti
~ a ~
a Notary Public in and for San Diego County,
California, personally appeared
Robert E. Casey
known to be the person who executed the
within instrument.
Audr = otary Public
~ 9/~