HomeMy WebLinkAboutReso 1970-5755~,' When recorded .please return to:
Kenneth P. Campbell, City Clerk :?~,
~.~• BOX 1.0$7 ,~qr•.
Chula Vista , Calif . 92012
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Tr.e C_...y ~oa,ioz.~ of ..:1~ ~i~.y 1, f. Char. T; ~ ~t._; ua~:l herE,~y
resol..ve as foll.csa~:
w'HERT,r,S, Ro7iniood E~'r:terprise:
constructed or caused to be construct^d a seraer. ma~..n extension i.n First
Avenue, north and south of Quintard Street
in the C~_cy of Chula Vista, anc!.
t~7I-iEREAS , the City Eng i.neer r on August 4 , 19 70 did
accept said cr.,nstructi.cn as having met tl~e specifications and rea;.i_re-~
menu of the City of Chula Vista, and
tidHEREAS, the City r,ng~.neer h~~s fi.ied r.is r.ecornmer~.dations to
the City Council, in writing witri t;he C~.ty C14er_~K, setting ?=~.:~rth tt"~ereir:
p::.~ _ 1 1. _ n;..._. plc ~ ..~..ti.'.!~_~~ _:~; :_ ..:en~_ i ~4~c~r+ r" ~~~: , tl'~~ y^tlci_Y'?C",._.._.
of said sewer main extension
and has set forth his recornmendaticns as to the propo:~-tion of bene~it
recei~Ted, which sum of mone~{~ s'.zould be paid to the City of Chula Jista
p.r_.~or to anv sewer copriectio;z being made to any se~ti~er facility or the
City, to s~r~~= said ~,arcel, and
~~7HER.EA S, the City Engineer in his recoTM:mendaticns has ascertained
that said F3ui.lder nas incurred the cost of $ 10,774.48 for the
constructior_ of s-id sewer main ext.er.sion
and
wHER~'A.S, ti:e' City Engineer as Dart of his reco~^~.er~rau.t=ons has
determined tha` the benefit received by-said Rt~i=i.d~r beca~zse of the
construction of saicl sewer n~:~in extension
is $ 10 , 774 .,48 ~ _ and that tl:e amo~znt of moray which said P>uilder
SiiOll.Ld rJ2 ~nti~.1CC1 t0 reCc'1J2 ~y r,rcty C~Z r•°_1t~ibu"~sement fOr Bald COn-•
struCt?.On, 1.n aCCOrdcY1C2 wit'L7 ~rdlnunCC p~j0. 405, c"',S c~.'~"t~I?C.eCl 1S
$ 10 .-774.4 8 - ~ P.~R t'.l° 1.?~C`_ri~1'lt-a l r xn~=i =,a ~-nCtir-r~~ n~, t'rin
-_ ... .. _. .. - ~. _ 1
City in the amount cf $^215.50 (includir~g engineering 4n d
__~
~~er i.cal expersos in order tc obta~... ~_.~ rez..-.'.-.zrs•~:~`..t) ~- 1- ,
or a ~o~~.~~
-mount to be r irib~.r~>ec. to Builu'er of $ 10, 558.98
8
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F
Form i~o. '~5
Pa.; e 2
NOW, THEP.EF'ORE, BE IT RESOLVED by the City Council oz the
City of Chula Vista as follows:
1. That the constructio~i of said sewer main extension
has benefited those parcels as shown on the
plat attached hereto and made a part hereof.
2, That the recommendations of the City Engineer, as filed
with the City Clerk, are hereby approved and adopted, and the sum of
$10,774.48
is hereby assessed against
said parcels as a result of said benefit received, which sum of money
shall be paid to the City of Chula Vista prior to any connection being
made to any sewer facility of the City to serve said parcel, all in
accordance with the provisions of Ordinance No. 405.
3. That that certain reimbursement agreement between the
CITY OF CHL'LA VISTA and ROBINHOOD ENTERPRISES
dated the 24th day of August
19 70, the expiration
date of which is hereby established as six (6) years from the date of the
final acceptance and approval of said sewer main, 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 Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of -said City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista he, and he is hereby directed to record the approved
documents in-the office of the San~Diego County Recorder.
Pre~sejnted by
Howard Gesley, City^Eng~:''~er
App ro~.~ed as to form by
George D, Lindberg, City Attorney
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ADOPTED APTD APPROVED by the CITY COUDICIL of the CITY OF CHL?LA VISTA
CALIFORNIA, this 18th day of August 1970 by the following vote,
to-wit:
AYES: Councilmen Scott. Hobel, Hamilton
1`AYES : Councilmen None
ABSENT: Councilmen Hyde, Egdahl
(s) Thomas D. Hamilton. Jr.
Mayor of the City of Chula Vista
ATTEST (s) Kenneth P. Campbell
City Clerk
STATF. OF CALIFORNIA )
CODNTY OF SAP~d DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, CalLfo,nia,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correoL c:m~ ~~t
Resolution No. 5755 and that the same has not been amended
or revealed.
DATE n: August 19, 1970
,° ~. ~ / /7
-C
City Cleric
~~~~s'"
CC-652 __
Form No. 412
REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this_~~day of
~-c cc,T 19 7G' , by and between the CITY OF CHULA VISTA, a
munic° ai corporat.~on, hereinafter called "City'°, and ROBINHOOD
ENTER RISES
hereinafter called "Builder,"
W I T N E S S E T H
WHEREAS, Builder has constructed or caused to be constructed
a sewer main extension
in First Avenue, north and south of Quintard St.in the City of Chula
Vista, and
WHEREAS, on August 18 19 70 the City Council of
the City of Chula Vista adopted Resolution No. 5755 , which resolution
determined that the construction of said sewer ma- i e tension
has benefited certain parcels of land as
shown on the plat attached to said resolution, and
WHEREAS, said resolution set forth therein a determination
by the City Engineer of the amount of money which Builder should be
reimbursed for the construction of said sewer main extension
in accordance with the provisions of
Ordinance No. 405, as amended, to the extent that said sewer main
extension has benefited said parcels of land, and
less the incidental expenses incurred in connection with obtaining
said reimbursement, and
WHEREAS, Builder has read and understands the provisions
of Ordinance No. 405 and Resolution No. 5755 and agrees to all of
the provisions of said ordinance and the statements, determinations
and conclusions in said resolution, and
WHEREAS, Builder represents that said sewer main extension
have been installed and vested
zn the City, free and clear of any demand from any person or firm
whatsoever, and
WHEREAS, it is agreed by Builder that reimbursement for the
construction of said sewer main extension
shal_1 be limited to refunds collected pursuant to the provisions of
Ordinance No. 405;
NOW, THEREFORE, IT 1S AGREED by and between City and Builder
as follows:
1. Builder, its lessees, successors, and assigns agree to
hold City, its agents, officers and officials free and harmless from
any and all claims or demands arising from or out of or through the
installaticn of said
2. Tn the event the amount collected by City from persons
connecting to said sewer main extension
does not compensate City for the cost of collection, City may deduct
from the amount due Builder a reasonable sum of money to cover the
cost of collection by City. City shall in no case be liable to Builder
for failure, neglect or inability for any reason to collect any charges
herein mentioned, or to reimburse Builder as herein provided, or for
errors in proportionate disbursement thereof.
3., City agrees to reimburse Builder for the construction
of said sewer main extension
in an amount not to exceed the sum of $10,558.98
in accordance with the provisions of Ordinance No. 405, Resolution
No. 5755 and this agreement.
-1-
75.E
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Form No. 412
Page 2
IN WITNESS WHEREOF, this agreement is executed by the CITY
OF CHULA VISTA acting by and through its Mayor pursuant to Resol.~ztion
No~ 5755 and by ROBINHOOD ENTERPRISES
the day and year first hereinabove written.
THE CITh~)OF CHULA VISTA
as D. Hamilton,
Mayor
BUILDER
-.
r
ROBINHOOD ENTERPRISES
>~
:.~
Approved as to form by _,
George D. Lindberg, City Attorney
ro aas c
(Corporation) O
STATE OF CALIFORNIA
~ } SS.
COUNTY OF ~~ -~ ~~ i r y- ~~ J
/ ,> before me, the undersigned, a Notary Public in and for said
State, personally appeared ~~-[~ ~ ~~---~ /= - ~>,~ ~
known to me to be the President, and
known to me to be .Secretary of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors. ~ OFFICIAL SEAL
ate; r~F
WITNESS my hand and official sea]. DUANE M. HUGHES
`~ ra .,~-~=- • ^ NIO7ARY PU°l!C-CALIFORIVIA
Signatur l~ ~ __ -- ` 4'° SAN D~~ 'O COUNTY
a~~Fa=*~~P NiyCommissionExpireslan.23,1974
l --.,v- ; ~--.~.~.,
/j . ~, ~~ / ~ ~ 276 Guava Ave., F.O. Box I087, Chula Vista, Ca. 92012
~ ,~ f, ~ -,
Name (Ty d or Printed)
(This area for official notarial seal)
~~f7e,7~, #..
FtLE~PAGE N0._.________~______________ ~ I
RE DED AT REQUE OF.
-2- ~J
/~' ~ SEP 1~ ~~70(,~
N~ ~._MINUIC~ f'rnJl__-_-_L..----
Iz~`i~K 1970
0-r~.l.i pr,.~,,,~,
SAN DIEG1 ~uUNi , WaLIFUR"!14
A. S. GrcAr, ut,Uir,, ,.=..~~t.~..; ~,~~
,,,______~ ~ 0
~S .
Form No. 355
RESOLUTION N0. 5755
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING THE AMOUNT OF MONEY WHICH SHOULD BE ASSESSED
AGAINST CERTAIN PARCELS OF PROPERTY PRIOR TO MAKING SEWER
CONNECTION BECAUSE OF BENEFIT RECEIVED BY SAID PARCELS BY
THE CONSTRUCTION OF A SEWER MAIN EXTENSION IN FIRST AVENUE,
NORTH AND SOUTH OF QUINTARD STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Robinhood Enterprises
constructed or caused to be constructed a sewer main extension in First
Avenue, north and south of Quintard Street
in the City of Chula Vista, and
WHEREAS, the City Engineer, on August 4, 1970 did
accept said construction as having met the specifications and require-
ments of the City of Chula Vista, and
WHEREAS, the City Engineer has filed his recommendations to
the City Council, in writing with the City Clerk, setting forth therein
the parcels which he has determined have benefited from the construction
of said sewer main extension
and has set forth his recommendations as to the proportion of benefit
received, which sum of money should be paid to the City of Chula Vista
prior to any sewer connection being made to any sewer facility of the
City, to serve said parcel, and
WHEREAS, the City Engineer in his recommendations has ascertained
that said Builder has incurred the cost of $ 10,774.48 for the
construction of said sewer main extension
and
WHEREAS, the City Engineer as part of his recommendations has
determined that the benefit received by said Builder because of the
construction of said sewer main extension
is $ 10,774.48 and that the amount of money which said Builder
should be entitled to receive by way of reimbursement for said con-
struction, in accordance with Ordinance No. 405, as amended is
$ 10,774.48 , less the incidental expenses incurred by the
City in the amount of $ 215.50
(including engineering and
clerical expenses in order to obtain said reimbursement) or a total
amount to be reimbursed to Builder of $ 10,558.98 .
-1-
Form No. 355
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista as follows:
1, That the construction of said sewer main extension
has benefited those parcels as shown on the
plat attached hereto and made a part hereof.
2, That the recommendations of the City Engineer, as filed
with the City Clerk, are hereby approved and adopted, and the sum of
$10,774.48
is hereby assessed against
said parcels as a result of said benefit received, which sum of money
shall be paid to the City of Chula Vista prior to any connection being
made to any sewer facility of the City to serve said parcel, all in
accordance with the provisions of Ordinance No. 405.
3. That that certain reimbursement agreement between the
CITY OF CHULA VISTA and ROBINHOOD ENTERPRISES
dated the 24th day of August
19 70 , the expiration
date of which is hereby established as six (6) years from the date of the
final acceptance and approval of said sewer main, 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 City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of said City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby directed to record the approved
documents in the office of the San Diego County Recorder.
Presented by
Howard Gesley, City Eng' er
Approved as to y
~~'~~
George Lindberg, City Attorney
-2-
---~~,
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTt~
CALIFORNIA, this 18 day of August , 19~, by the followint vote,
to-wit:
AYES: Councilmen Scott, Hobe 1, Hamilton
rIAYES: Councilmen None
ABSFT~T: Councilmen
~ - ` ~ Cry-,~ ~
ATTEST ,E__-c.-C. ~-c-C' r~ .c~~
.City Clerk
STATE OF CALIFORNIA )
COUTdTY OF SAT' DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CA1^TPBELL, City Clerk of the City of Chula Vista, Caltfocnia,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct c:~n~- ~~t
Resolution No. 5755 and that the same has not been amended
or revealed.
DATEn: August 18, 1970
(s) Kenneth P. Campbell ,_
City Clerk
CC-h52
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i%i1n1C; , ~~ ~ :>± y Ur,_lt _Oi:, P `rc']_7':ctL.E,r C~i'_ ~ l.'C~ "~~.-.'_t1'14 ~1't~1 '
' ~ ROB%~~HOOli
tsiV'I'F~:PI:iS F?S
heYein~~~f"i_'~" C`r_i.l~Ed ''t~U1.1C~.ciY~>>
W I T H ~~, S S E T H:
WHEREAS, Builder has constructed or caused to be constructed
a sewer main extension
in rirst Avenue, north and south of Quintard St. in the City of Chula
Vista, and
WHEREAS, o;i August 18 1970_, the City Counci 1 of
the City of Chula Vista adopted Resolution loo. 5755 which resolution
deter_rninec; that the construction of sa.i_d se~aer~ main extension
has benefited certain parcels of land as
shown on the plat attached to said resolution, and
WHEREAS, said resolution set Earth therein a determination.
by the City Engineer of the amount of money which Builder_ should be
reimbursed for the construction of said sewer main extension
in accordance with the provisions of
Ordinance '~Io. 405, as amended, to t?Ze extent that said sewer main
extension has benefited said parcels of land, and
less the incidental expenses incurred in connection with obtaining
said reimbursement, and
WHEREAS, Builder has read and understands the provisions
of_ Ord.inance No. 405 and Resolution No. 5755 and agrees to all of
the provisions of said ordinance and the statements, determinations
and cor.cl.us.LCns in said resolution, and
WHEREAS, Builder_ represents that said sewer main extension
have been installed and vested
in the City-, free and clear of any demand from any person or firm
whatsoever, and
WHEREAS, it is agreed by Builder that reimbursement for the
construction of said sewer main extension
sha]_1 be limited to refunds collected pursuant to the provisions of
Ordinance. No. 405;
NOw', ~HE':EFOkE, IT S AGREED by and betc~~een City and Builder
as follows:
1. .Builder, its lessees, successors, and assigns agree to
hold C1ty, rt.s agen+~s, officers and officials free and harmless from
any and all claims or demands arising from or out of or through the
instal' at~..r-~ cf sai.d
2. In the event the amount collected by City from persons
connecting to said sewer main extension
does not cemrensate City for the cost of collection, City may deduct
from the a:~:ou.nt due Builder a reasonable sum of money to cover the
cost of collection by City. City sha11 in no case be liable to Builder
for fa~_lure, neglect or ~nab~lity far any reason to col7_ect any charges
herein men+_.~o~ed, or to reimburse Builder as herein provided, or for
3, City. ag_ees to reimburse Builder for the construction
of said se.,rer main extension
~~~ an ariourl~ n og to exceec thi_~ s~~.m of $10,558.9
i-~
actor _Lnce
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th^ ~7-c~T_>_s i_or. , of O _,_`.~
~-ci i ~,aric ~ ~~, ='! ()- R~sn i,1t-, nn
-, 5755__, In c: thi s ag:. ~_~~.sr.t.
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T T i'f1 '. '" f Ci ~ c :1i t (1 ru _j t ~ ~_ _":~/~,i i~~' f ~L~:3;~] ~ '~,C~ r~~...~C ~.: 1 On
No , _ 5755 a~i~i,,~ r>c;~-,7 ~1I30Ju t~i~, I'~~:~~~R ~~:.5
+~h:~ c~~~y a~~d ,,~~al: fi_rS~ h~~reir_ abov~~~ .,-1-i_tt~:n.
THE CI j'Y OF' CHULA VISr1'A
Thomas D. Hamilton, ~ ~ ~ Iayor
BUILDER
ROBINHOOD ENTERPRISES
Approved as to form by
~S) George D. Lindberg _ _
George D. Lindberg, City Attorney
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5
PECOMMEP~DP.TIC?~1 GF THE CITY ENGINEER
R-EGAP,DY~IG THE METF~'D "F R.EPAYMF"1T FOR.
~'I?I' COS'H' ~F ~~JF,F i~?A7:- rXTF.'.?SICD' IN FIRcT
AVENUE, NORTH AND SOUTH OF QUINTARD STREET
i. Howard Lesley, City Engineer of the City of Chula Vista, hereby present my
recor~,mendation to the City Council regarding repayment of construction costs for
the First l_venue sewer ;,lain as delineated on tre attached diacrrar~:,
Section 26, Article V of the City Code provides that the City Engineer shall determine
a proper sewer charge against those properties not contributing toward the construction
cost of the sewer facility installed. The City Council may, by resolution, adopt the
recommendations of the City Engineer. Therefore, I submit the fallowing assessments
to be used for those properties benefiting by the construction of this sewer main.
' City Engineer
Adopted by F.esolution # 5755
1. 8" V<C.F, sewer main:
'~
Da e
dated August 18, 1970
652 lineal feet at $8.32/L.F. _ $5,424.64
530 lineal feet at $4.16/L.F. = 2,204,80
Sewer Manholes:
$ 7,629.44
2 each at $620.00 = $1,240.00
3 each at $310.00 = 930.00 $ 2,170.00
P.C.C, cradle, 210 L.F. at $2.20/LoF~ = 462.00
Construction Cost $10,261.44
engineering Cost 513.04
Total A~rlount for Repayment x`10 , 774.48
2. Total Front Footage -X1378.11 feet
3. Cost per front foot - $10,77448 ~ 1378,11 = $7.8183/front foot
4. Total charges to benefiting properties:
Incidental F.epay~^.ent
Tax Parcel No. Frontage Total Assessr:ent City ExpLL to Builder
623-070-06 200' $1,563.66 $31<27 $1,532.39
623-070--28 497.78' 3,891.79 77.84 3,813.95
623-070-29 100' 781.83 15.64 766.19 j
623-070-50 290' 2,267.31 45.35 2,221.96
619-034-03 144.92' 1,133.03 22.66 1,110.37
619-034-09 50' 390.92 7.82 383.10
619-034-10 95.41' 745.94 14.92 731.02
5. Total incidental expenses to City of Chula Vista - $215.50
6. Total repayment to builder - $10,558.98
7. To the above assess:~~ent there is to be added interest at 4~ per annum to be charged.
at the tin-~e of connection to said sewer. The interest is to be calculated on a
quarterly rasis up to but not including the last partial quarter.
Sheet 1 of Z