HomeMy WebLinkAboutReso 1973-6953
City Clerk
the above
that the
Form No. 342
Rev. 9-71
RESOLUTION NO. 6953
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CH~JLA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND TREEHAVEN APARTMENTS, 327 - 347 "J" ST~tEET,
WAIVING REQUIREMENTS FOR UNDERGROUNDING OF UTILI'$'IES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista doeslhereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certainjagreement
between THE CITY OF CHULA VISTA, a municipal corporation, end
TREEHAVEN APARTMENTS, waiving requirements for underground$~ng of
utilities
dated the 17th day of July , 1973 , 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 TT FURTHER RESOLVED that the Mayor of the Ct~ 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. j
Presented by
Georg D. Lindberg, City Att ey
George D. Lindberg, City
ADOPTED AND APPROVED by the CITY COUNCIL of theICITY OF CHULA
VISTA, CALIFORNIA, this 17th day of July _ ~, 19 73 , by
the following vote, to-wit:
AYES: Councilmen
t. Hobel, Hamilton, Hyde ,_ Egdahl
NAYES: Councilmen
ABSENT: Councilmen
None
~.
Mayor of the City o
ATTEST /
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, ~
Chula Vista, Cal~.fornia, DO HEREBY CERTIFY that
and correct copy of Resolution No. and
been amended or repealed. DATED
a Vista
of the City of
is a full, true
same has not
City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this day of
July , 1973, by and between the CITY OF C~ ULA VISTA,
a municipal corporation, hereinafter called "City", and DE~TNIS
CONNERS and SCOTT SNELL, hereinafter called "Subdivider";
W I T N E S S E T H
WHEREAS, the City Council has heretofore on July 3, 1973,
by Resolution No. 6921, waived the requirements for undergrounding of
utilities at 327 - 347 "J" Street, Treehaven Apartments, based upon
the following reasons:
1. That the undergrounding as requested (by staff and
imposed as condition of approval of the final parcel map)
would make an insignificant impact upon the total problem
of visual pollution.
2. That the requirement to underground overhead utilities
is not in accord with the purpose and intent set forth in
Section 34.101 of the Chula Vista City Code - "xt is the
purpose and intent of this Article to require the under-
grounding of all .... present distribution instillations
within new subdivisions in the City of Chula Vita except
where ... sewer and water utilities have been installed or
in those circumstances where such undergrounding would be
infeasible or impractical as set forth herein."
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 themselves and their 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 attrib>~ltable to
Treehaven Apartments.
2. In consideration of the promises made hereim by Subdivider,
which promises are specifically intended to bind their 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 condi-
tions set forth herein.
T TT T•T T TTTL~ C C T•TiT L~ D L~ /'1 T, L L, .. .. -.... J- ~ .... L . ...... .... . ......7 L L.: .,. ................. ,.. ~-
STATE OF CALIFORNIA
COUNTY OF San Diego ss.
On- July 20, 1973 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Dennis Conner
and Scott Snell
known to me
to he the person~__whose name^+ -subscribed to the
within instrument and acknowledged that_~I?Py executed the
same.
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FOR NOTARY SEAL OR 'STAMP
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M u ~ ~ .: ~~ :. ~~ " l a 7 a
• Sue E Carr I I
n Name (Typed or Printed)
~ Notary Public in and for said County and State