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HomeMy WebLinkAboutReso 1973-6859Form No. 342 Rev. 9-71 RESOLUTION NO. 6859 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND A. HANONO AND ROSE MARIE SILVEYRA, 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 A. HANONO, 384 Hilltop Drive, and ROSE MARIE SILVEYRA, 39 "G" Street, Chula Vista, California, waiving requirements for undergrounding of utilities dated the 15th day of May 19 73, 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 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 ~. ~ ~~ ~a ~~'_~~ ,, Lane Cole, Director of Public George Lindberg, City Atto ey Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 15th day of May 1973 by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTE; i 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Veen recorded please return to: ., 1~39U • AGREEMENT THIS AGREEMENT, made and entered into this 15th day of May , 1973, by and between THE CITY OF CHULA VISTA, a municipa corporation, hereinafter called "City", and A. HANONO, 384 Hilltop Drive and ROSE MARIE SILVEYRA, 39 "G" Street, Chula Vista, California 92010, hereinafter called "Subdividers"; 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 384 Hilltop Drive and 39 "G" Street in Chula Vista (Assessor Parcels 569-170-52 and 569-170-53) WHEREAS, the present installation of utilities underground will represent a substantial and unreasonable burden to the Sub- dividers. 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, Subdividers, for themselves and their successors and assigns, agree 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 A. HANONO and ROSE MARIE SILVEYRA. 2. In consideration of the promises made herein by Sub- dividers, which promises are specifically intended to bind their 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. THE CITY OF CHULA VISTA SUBDIVIDERS ~ - .~ _ ~~ ~i' - 9 ~ .-- --__ - Mayor of t e City of Chul ista A. H ATTEST ,- ~ ~ ~~~.~, ,; ~ City "Cler Approved as to form by -~ 2 ._. `/ /`Ji~~",~ `rte':,- City Kttorney -, ,,, .- ~ , ROSE MARIE SILVE RA FILE/Pp.C~~_~~V486 B OGK i 91' 3 `"'--- ,~,~RECO~ UEQ REQ~EStOF JuN 11 10 03 AN l~~ OFF(CI,;~, r,LOROS SAN DIEGO COUNtY.C~~~F HARLEY F,B100M . RECORDER `"'~~~ "~ _C~<~ TO 447 C (Individual) STATE OF CALIFORNIA COiINTY OF ; ~~%~~ ~ ~~~ ~ . _. _ w w 2 W J a a J~ 1 State, personally appeared __„~ SS. l~~i~ TI me, the undersigned, a Notary Public in and for said . known to me to he the person S whose name .,. ,,::'~f- ~ subscribed to the within instrument and acknowledged that~.~~-~~ executed the same. ~- WJTNF.SS my hand and official seal. /f -~~~ Signature/'_~_~ ' ~~• r l1' ' ° ~ r~ f f i ~~ Name (Typed or~rinted) E"` °" ,. OFFICIAL SEAL DUANE M. m u~,. ~ HUGHES ® :•, ,~~ NOTARY PUELIC-CALIFORNIA ~~op P SAN D16:0 COUNTY My Commission ExplresJan.23,1974 276 Guava Ave., P. O. Boxox p ,Chula Vista, gp012 (This area for ofRcial notarial seal)