HomeMy WebLinkAboutReso 1973-6968Form No. 342
Rev. 9-71
RESOLUTION N0. 6968
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHTJLA
VTS TA AND SECURITY TITLE INSURANCE COMPANY AS TRUSTEE OF ITS TRUST N0.
P.T. 1405, SAN DIEGO, CALIFORNIA 92112 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, a,nd SECURITY
TITLE INSURANCE COMPANY AS TRUSTEE of its Trust No. P.T. 1405, San Diego, California
92112, waiving requirements for undergrounding of utilities, at 202 and 20 3 Twin
Oaks Avenue in Chula Vista
dated the 11th 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 IT FURTHER RESOLVED that the City Clerk of the 'City of
Chula Vista be, and she is hereby authorized and directed to record
said agreement in the office of the San Diego County Recorder.
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
r,
G2._
Lane F. Cole, Director of Public
Works
ADOPTED AND APPROVED by
VISTA, CALIFORNIA, this 7th day
the following vote, to-wit:
Approved as to form by
George Lindberg, City Attorney
the CITY COUNCIL of the CITY OF CHULA
of August 1973 by
AYES : Councilmen Hobel Hamilton, Egdahl, Scott
NAYES : Councilmen None
ABSENT : Councilmen Hyde ~~
Mayor of the City of hula Vista
ATTEST ~
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA
I,
Chula Vista, California, DO HEREBY CERTIFY that
and correct copy of Resolution No. and
been amended or repealed. DATED
City Clerk
~"r '.d''t.. t....x.y~., ' o
1, r, rR ~ r s
d •+-.
City Clerk of the City of
the above ~s a full, true
that the same has not
~,
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322
AGREEMENT
~,
THIS AGREEMENT, made and entered into this 1 day of
1973, by and between THE CITY OF CH~LA VISTA, a
municipa corporation, hereinafter called "City", and SECURITY TITLE
INSURANCE COMPANY, ~, San Diego, CA ~, hereinafter
called "Subdivider"; P. O. Box 1590 92112
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 installa-
tions in residential, commercial and industrial zones for all new
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 in-
stalled 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 subject
property located at 202 and 203 Twin Oaks Avenue in Chula Vista
(Assessor Parcels 568-100-O1 and 568-090-01)
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 itself and its 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
SECURITY TITLE INSURANCE COMPANY.
2. In consideration of the promises made herein by Sub-
divider, which promises are specifically intended to bind its
successors and assigns, City hereby waives the requirements of
Ordinances No. 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.
STATE OF CALIFORNIA
COUNTY OF Sari Diego ss. 32~,~
o On-_J111y 11, 197- -_ before me,
~ the undersigned, a Notary Public in and for said County and State,
personally appeared Stephen M. KEW ,
known to me to be the ~~'! r`P President, and $_a11.~
(~1~~'~ __ known to me [o be
__ _~~_S_t_~_Secretary of the corporation that executed the
within Instrument, known to me to he the persons who executed the
within Insu~ument on behalf of the corporation therein named, and
acknoe.led~ed to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
Signature ~ti
m
a
n
w - -- -- - ----
Name (Typed or Printed)
Notary Public in and for said County and State
~•
FOR NOTARY SEAL OR STAMP
,,, o~Ftciai>~pAt,
..~' ; ." MARION D R~'NEY
'F '~'C?TARY r^eiuCiC - Ck.:_t~flRAJiA~
SAN IA3cGJ COAINTY
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