HomeMy WebLinkAboutReso 1973-6860Form No. 342
Rev. 9-71
RESOLUTION N0. 6860
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND HUGH R. AND WINIFRED S. KAYE, 640 FIFTH AVENUE,
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
HUGH R. AND WINIFRED S. KAYE, 640 FIFTH AVENUE, Chula Vista, California,
waiving requirements for undergrounding of utilities,
dated the 7th day of May 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 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
' / :.
Lane F. 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 19 73, by
the following vote, to-wit:
AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAPES: Councilmen None
ABSENT: Councilmen None
ATTE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ~ ss.
C.TTY OF CHULA VISTA ~
T, , 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been amended or repealed.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
c e p ease re_urn o: •
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AGREEMENT
THIS AGREEMENT, made and entered into this_~_day of
~7 _~_, 1973, by and between THE CITY OF CHULA VISTA,
a municip~rporation, hereinafter called "City", and Hugh R. and
Winifred 5. Kaye, 640 5th Avenue, Chula Vista, California 92010, and
Title Insurance and Trust Company, as trustee under PP 42584, 220 "A"
Street, San Diego, California 92101, hereinafter called "Subdividers";
W I T N E S S E T H
WHEREAS, the provisions of Chula Vista Ordinances Nos. 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 640 5th Avenue in Chula Vista (Assessor Parcels
572-090-15 and 572-090-31)
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 Hugh R. and Winifred S. Kaye, and Title Insurance and
Trust Company as trustee under PP 42584.
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 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
~ , 7 ~.
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Mayor of the City of Chula Vi to
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ATTEST ~ ~G r~ ~ c_ ~~ ~ ~ ~
City Cler
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Approved as to form by
SUBDIVIDERS
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ugh R. Kaye i ~~
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Wine r~, Kaye
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City torney `
~~ ~(~ ~ Titl Insurance and Trust Company
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1~s.,~ ~ouK ~s~a
RECOP,OEp REQUEST Of
diSTRICT
JuN 21 i0 03 AN'~:i
SaN pI~G0~000NTYRCAt~IF.
RECORpER
NO FEE
STATE OF CALIFOLR~NIA C,.-
COUNTY OF ~r7 N D ~ ~-+y ~J ss. ~ ~~
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On ~R ~ ~ / ~ / ~ ~ ,before me, the undersigned, a Notary Public in and for
said State, personally appeared ~ ~~~~N'~FR~o ~~.~[~__
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known to me to be the person whose name S
subscribed to the within instrument and acknowledged to me~jL !I ~. ~i~.
.yam r.
that- / ~~ ~ ~~ ~ ,~1 t, l_`c~~t ~ ~~~ ~
executed the same.'
WITNESS my hand and official seal. ~ ~~ ~' ~ rYy
Signature 452 Third .Gve C ~.a a ia, CA >%~i'J
~o HN N L.~SNFsK~
Name (Typed or Printed) (This area for official notarial seal)