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
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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been amended or repealed.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:
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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
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Mayor of t e City of Chul ista A. H
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Approved as to form by
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City Kttorney
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ROSE MARIE SILVE RA
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STATE OF CALIFORNIA
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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.
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Signature/'_~_~ ' ~~• r l1' ' ° ~ r~ f
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Name (Typed or~rinted)
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DUANE M.
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® :•, ,~~ NOTARY PUELIC-CALIFORNIA
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My Commission ExplresJan.23,1974
276 Guava Ave., P. O. Boxox p ,Chula Vista, gp012
(This area for ofRcial notarial seal)