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Home My WebLink AboutReso 1969-5447w ~ Foam Nam 342 Rev- 8-6~ RESOLUTION NO, 5447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT' BETWEEN THE CITY OF CHULA VISTA AND DANIEL GREEN AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal co:rporati.on, and Daniel Green for participation in the cost of paving a certain easement serving lots at 3998 Palm Drive in the City of Chula Vista and to connect two sewer mains when said mains become available dated the 9th day of December , 1969 , 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 Presented by Approved as to form by /////G .~~ 1, f Bruce Warren, Director of Planning George D.r indberg, City Attorne-4I / ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTAa CALIFORNIA, this 9th day of December , 1969 , by the following vote, to-wit: AYES: Councilmen_ Hamilton, Hyde, McAllister, Scott, Sylvester NAYES : Councilmen None ABSEN'T': Councilmen None Mayor of the City of Ch 1a V~ata ~. ,,-~ ~ ~ ,. AI"I'EST _ ~, 'L` c c <:t ~G._ " G'LCc! 2 : ~,/ C~.ty Clerk 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 amended or repealed DATED City Cler ' Vuhen recorded please return toJr ' ~.enneth Y . CampLell~, City Cler`c F•p ~iit ivU . 34 Z P.O. 1-sox 1087 F:ev _ 8-6 Chula ~~ista, ~=alif. 92~~12 RLSO~"t~-"IOi~~ "v0 RESOCJi'.~:~~: ()~ -i'riF CI^'Y CC~'i`;CiL Or' ~'HF CT Tx 0~' .::Ii;l.ii 'v-~S~~%s AFz'r.OVIiJ~=, A~'~R~~;Ei~~E~~:t' ~F,I'~v~.r'i~ 1'r.E C.i.'Y Ox ;Hi.)I:h VISl'r~ i~i~Tl) L'7~`rF;L GRE,~i~1 ~.~L/ ,`iJ _'1-: t.l t:_'=G~. sV 1.- it7:~ .1:?YVtc ~l~ E~.~C,U 1;~• JL-~1°IE The City Council of the City of Chula Vista does hereby resolve as foll.o.as: That that sertain agreement between the City of Chula Vista, a municipal corporation, and Daniel Green for participation in the cost of paving a certain easement serving lots at 3998 Palm Drive in the City of Chula ~Jista and to ccnr~ect two se.aer mains when said mains become available dated the day of l~, a copy of which is attached heto and .incorpc~rated~~~i, the e as though fully set forth herein be, and the same is hereby approved. BE IZ' FUkTHER RESOLVED that the Mayor of the City of Chula Vista be, and hL is hereby authorized and directed to execute said agreement for and on behalf of said City, Presented by Bruce Warren, Director of Planning -~.`ry Approved ds to form by ! ~'J ,1 < ~ .~~~ '~~ George D. '' ndberg, City Attor~~~~ L ADOPI'E1~ A"JD APPROVED by the CITY COJ~.~,~rr of the CT_T`j 0~~ CP_UL~, VISTA, CALIFORI~tIA, ths~~~ day of __~®~~~~ , 1~, by the foilowir_g vote, to-wit: AYES: Councilmen- H,milrnn u..a~~ ~.p 7 ^~.~r~_4sott~~Sv~lve~t,,,. NAYES : Councilmen N~„A ° ABSENT: Councilmen N,,,,g (s) Will T. Hyde Mayor of the City of Chula Vista ATTEST (s) Kenneth Campbell _ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA i _ I;~ Kenneth Campbell , 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. 5447 and that the same has not been amended or repealed. DATED December 9, 1969 f ,~. .. ^- ~ ~~. r _; City Clem AN AGREEMENT FOR PARTICIPATION IN THE COST OF PAVING r'.«j A CERTAIN EASEMENT SERVING LOTS AT 3998 PALM DRIVE IN THE CITY OF CHULA VISTA AND TO CONNECT TWO SEWER MAINS WHEN SAID MAINS BECOME AVAILABLE THIS AGREEMENT, made and entered into this 9th day of December 1969 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and DANIEL GREEN, Owner of certain property located at 3998 Palm Drive, Chula Vista, California, hereinafter called "Owner"; W I T N E S S E T H WHEREAS, the Planning Commission of the City of Chula Vista on September 15, 1969 granted a variance to Daniel Green, the Owner of the property located at 3998 Palm Drive, authorizing the division of said property into four lots, two of which would be served by a 25 foot wide easement from the end of Palm Drive, and WHEREAS, as a condition of the granting of said variance as contained in Resolution No. 69-49 of the City Planning Commis- sion, the applicant agreed that he or his successors in interest being the subsequent Owners of said two lots to be served by the 25 foot easement, would participate in and share the cost of. the paving of said easement serving said properties at such time as the paving of said easement became necessary and desirable, and WHEREAS, applicant further agrees that all of the properties will be connected with sewer mains as soon as sewer lines are available to serve said property. NOW, THEREFORE, IT IS AGREED by and between the parties hereto, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged as follows: 1. EASEMENT IMPROVEMENTS Daniel Green, the Owner of certain property located at 3998 Palm Drive in Chula Vista, his successors, heirs assigns or transferees of the lots created pursuant to variance Resolution No. 69-49 to be served by the 25 foot wide easement, do hereby agree to participate in the improvement of the easement serving said properties in accordance with plans and specifications to be approved by the City Engineer at such time as said improvements become necessary and desirable. 2. SEWER CONNECTION Owner of certain property located at 3998 Palm Drive in Chula Vista, his successors, heirs, assigns or trans- ferees, further agrees to connect to sewer as soon as sewer lines become available to said properties. 3. AGREE TO RUN WITH. LAND This agreement shall run with the land and shall be binding upon Owner, his successors, heirs, assigns or transferees. i i- IN WITNESS WHEREOF the parties hereto have caused r~a,r this agreement to be executed the day and year first hereinabove set forth. c a E u m c ~~ OWNER THE CITY OF CHULA VISTA Daniel Green Mayor ~,J STATE OF CALIFORNIA COUNTY OF ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared ........................................ Approved as to form by George D. 'ndberg, City Attorney~i known to me to be the person-....... whose name ................... subscribed to the within instrument and acknowledged to me that---"---'-'-----"'°'---------------------"-"-'-executed the same. WITNESS my hand and official seal. // (Seal) ... _ .......... . _.._~... .....:. „~'~'"4°-"cam Notary P ¢ in aad~fdr said County .and State. -r"~~~_- 4VY~V4'1fi:Pkf1}~ei~Aa k:~;~r-- ' 4J~ ~ y~ Fr ;AL SEAL `~ ~ _ :;Fr;c~ IN 'i COJ,r1Y i~~ D_,-'' r n _,,~~ I, 25 '~ Z 276 Guava Ave., Chuia Vita, Calif. 920;.0 P„ . ~} k~ REQUEST OF ' ;,~ ~~F C ~ '~ 1969 ~ A( .~ildfJfES PASP.. SEP.kES ~^ ~OQK~~' &i ' _ ~t~~c~az ~tcaea~ F ~i '~ " r ~ er;UN FY, CALIFOr~FfI . ~'»A~3 d3a5=, ¢. ~. Ut!aY, ~PfEY RECIJRE7ER