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HomeMy WebLinkAboutReso 1969-5193RESOLUTION NO. 5193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JAMES A. AND BARBARA COVEY, HUSBAND AND WIFE, AND DR. LARRY V. AND MANETTE FEIKE, HUSBAND AND WIFE, FOR THEIR PARTICIPATION IN CERTAIN ALLEY IMPROVEMENTS ADJACENT TO THE PROPERTY LOCATED AT 209 CHURCH AVENUE IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAME 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 JAMES A. and BARBARA COVEY, husband and wife, and DR. LARRY V. and Manette Feike, husband and wife, for participation in certain alley improve- ments adjacent to property located at 209 Church Avenue, dated the 15th day of April, 1969, a copy of which is attached hereto and by reference made a part hereof, 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. Presente by ruce H. arren, Director of Planning by ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 27th day of Mav 1969 by the following vote, to-wit: AYES : Councilmen Scott, Sylvester, Hamilton, McAllister NAYES: Councilmen None ABSENT: Councilmen McCorquodale ;~ ~ Mayor/ of t e City of Chula Vista ATTEST ` ' ~ -c...--c•,~.4~_ ~ pro tem ity 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Clerk Approved as to f AGREEMENT FOR PARTICIPATION IN CERTAIN ALLEY IMPROVEMENTS ADJACENT TO PROPERTY LOCATED AT 209 CHURCH AVENUE THIS AGREEMENT made and entered into this 27th day of May , 1969, by and between the City of Chula Vista, a Municipal Corporation, hereinafter referred to as "City", and JAMES A. AND BARBARA L. COVEY, husband and wife, and DR. LARRY V. AND MANETTE FEIKE, husband and wife, hereinafter referred to as "Owners". W I T N:E S S E T H WHEREAS, the Planning Commission of the City of Chula Vista has ~' heretofore on January 3, 1968, granted a variance to Mr. and Mrs. Nyle Gray, as owners of that certain property at 209 Church Avenue, in the City of Chula Vista, County of San Diego, State of California, to allow an R-3 use in a C-2 Zone, and WHEREAS, the City Council of the City of Chula Vista approved the grant of said variance on February 13, 1968, by Resolution No. 4886, and WHEREAS, Mr. and Mrs. Nyle Gray have heretofore conveyed said prop- erty to said owners, and WHEREAS, as a condition of the granting of said variance as con- tained in the minutes of the meeting of the Planninq Commission of January 3, 1968, the applicants agreed to participate in the paving of the alley adjacent to their property at such time in the future as an improvement project of said alley is approved by the City of Chula Vista, and WHEREAS, applicants agreed that they would not protest in the event that a 1911 Act was instituted to accomplish said improvement, or in lieu thereof, would participate in any sort of arrangement for the construction of said improvements. NOW, THEREFORE, IT IS AGREED by and between the parties hereto, in consideration of the premises and for other good and. valuable consid- eration, receipt of which is hereby acknowledged, as follows: -1- 1. That in return for the grant of the variance by the Planning Commission on January 3, 1968, the applicants and the present owners, James A. and Barbara L. Covey, and Dr. Larry V. and Manette Feike, their successors, heirs, assigns or transferees, being the owners of the prop- erty located at 209 Church Avenue, do hereby agree to participate in an improvement project which may be instituted and approved by the City of Chula Vista in the future, for the alley adjacent to said property, and further, that they do hereby agree to waive any protests to any 1911 Act which may be utilized to secure said improvements. IN WITNESS WHEREOF the parties hereto have cause this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor pro tem OWNERS ~; ~~, Jame A. Covey C' Barbara L. Covey ~' Dr. Larry V. Feike I c_ Manette Feike Attach Notary acknowledgement here. Approved as to form George D. indbera, ity Attor -2- ;1 /` '_ ~ ~