HomeMy WebLinkAboutReso 1968-4956R.ESOI,UTION ]`TO • 4956
RESOLi.JTION OJT' THJ? CITY C'OtJNCIL OF TLIF CITY OF CHi.JLA
VISTA DETERMITTING THJa; AnROtJNT OF P-TONEY T~7HICH SITOULD
BE ASSESSED AGAINST CERTAIN PARCELS OF PROPERTY
PRIOR TO MAKING SEWER CONNECTION BECAUSE OF BENEFIT
RECEIVED BY SAID P.AR.CELS FY THE CONSTRUCTION 0?~' A
SET~7ER IN FAST NAPLES STR.F'ET
The City Council of the City of Chula Vista does hereb~~
resolve as fo]_lows:
iti~HEREAS, SYRACUSE DEVELOPMENT CO., INC. constructed or caused
to be constructed a. sewer in East >tTa.pl.es Street adjacent to Seaview
Estates Unit No. 1 subdivision in the City of Chula Vista, and
V~'FTEREAS, the Director of public Works, on June 1, 1.959, did
accept said construction as having met. the specifications and require-
ments of the City of Chula Vista, and
WHEREAS, the Director of public Works has filed his recom-
mendations to the City Council, in writing with the City Clerk, sett.incx
forth therein the parcels which he has determined are potentially
benefitted from the construction of said. sewer, and. has set forth his
recommendations as to the proportion of benefit received, which suzn
of_ money should be paid to the City of Chula Vista prior to any sewer
connectinr~ being made to any sewer facility of_ the City to serve said
parcel, and
WIIER.EAS, the Director_ of Public ~,~Torks in his recommendations
ha.s ascertained that said Fuilder has incurr~:•?. the cost of $9,990.20
for the construction of said sewer, and
Tv~JHF.P,EAS, the Director of Public works, as part of his recom-
mendations, has determined that the benefit received by said Builder
because of. the construction of said seiner is $4,995.10, and that the
amount of money which. said Builder should be entitled to .receive by
way o.f reimbursementf..or said. construction, in accordance with
Ordinance No. 405, as amended is $4,995.10, less the incidental ex-
penses incurred by the City in the amount o.f_ $499.51 (ir~cludincx engi.nee.r-
ina and clerical expenses in order to obtain said reimbursement) or a.
maximum amount to be reimbursed. to Builder of $4,495.59.
NO6ti', THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista as follows:
1. That the construction of said sewer, upon connection thereto,
will benefit those parcels as sho~,m on the plat attached hereto and made
a part hereof.
2. That the recommendations of_ the Director of Public 4,?or.ks,
as filed with the City Clerk, are hereby approved. and adopted, a.nd the
unit amount of $4.25 per front foot is hereby assessed aaai.nst said
parcels as a result of benefit received, which amount shall be paid to
the City of Chula Vista prior_ to any connection being made to said sewer
faci]_ity, all. in a.ccord.ance ~~~ith the provisions of the recommendations
of the Director of Public Works.
3. That that certain. repayment acrreement between the CITY OF
CHi.JLA VISTA anal SYRACUSE DEVELOPMENT CO., INC., dated the 5th day of
Nover~`r;er , 19 68 , the expi.r_ation o.f_ which i.s hereby estab-
lished as six (6) years from the date of the adoption of this resolution,
a copy of which is attached. hereto and incor_pora.ted herein, the same as
though fully set forth herein be, and t.b.e same is hereby approved.
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BE IT FURTHER RESOLVED that the Mavor of the City of Chula
Vista be, a.nd he is hereby authorized a.nd directed. to execute said
aareem.ent for and on behalf of said City.
Presented by Ax~r?.roved. as to form by
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ane ~'. Code Director o`f"~lic George D. Lindberg, C y ttorney ,-~~
[ti~orks
ADOPTED AD?D APPROVED by the CITY COUI~TCIL of the CITY OF CHULA_
VISTA, CALIFORNIA, this 5th day of Nov_ember_ _, 196g by the
followincx vote, to-wit: ~~~~~~
AYES: Councilmen! Scott, Sylvester, Hamilton~McCorquodale~-McAllister __
NAYES• Councilmen None
ABSENT: Councilmen None
(,
~~a.yor of the City of Ch}x a Vista
ATTEST ~~- c.•_c.•_~~ ti ~... ~~.-f,~_ ~.: ,~c: ~'-
~. `-- City Clerk ---
STATE OF CALIFORNIA- )
COUNTY OF SAN~DIEGO ) ss.
CITY OF CHULA VISTA )
I, _
Vista, Cala_fornia., DO HEREBY CERTIFY
correct copy of_ Resolution No. _
amended or repealed, PAYED
City Clerk of the City of Chula
that the above i s a .f_ul l , true and
anc~. that the same ria.s not been
City Clerk
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SE4,7EP.. RFPAyMF?`~T AGRErM~T?T
THIS AGREEMENT, made and. entered into this 5th day of
November , 196x3, by a.nd between the CITX OF CHTJLA VISTA, a
municipal corporation, hereinafter called "City", and SXR.P_CUSE
DEVELOPMENT CO., Inc., a California Corporation, hereinafter called
`'Builder" ;
T-~? I T N E S S E T H
WHEREAS, Builder has heretofore constructed or caused. to be
constructed in L59 a sewer in East Naples Street as a requirement for
the development of Seaview Estates Cm it No. 1, being a parcel one foot
(1') in width and 1972.55 feet in length, and.
T~iHER.EAS, at. the time of the construction of said sewer,
Builder was informed of the provisions of Section 26.71 of the Chula.
Vista City Code, regarding the estab]_ishment of a sewer repayment
agreement, to the extent that said sevaer would benefit parcels of
land. to he developed in the future, and it tags mutually agreed that
such a repayment agreement would be established, and.
T~iHERFAS, because of press of business and mutual mistake
no such repayment agreement was established, and
WHEREAS, said. Parcel B, located. along the center of East
Naples Street was heretofore vacated by the City of Chula Vista, and
presently is ovmed in fee by Builder, and
WHEREAS, Builder presently desires to obtain repayrm.ent for
those parcels which have, to date, connected with said sewer line
and City is willing to mace such repayment in a maximum amount of
$4,495.59, and.
Tti?HEREAS, City has received to date from parcels benefited.
by said sewer the sum of $576.43 in connection with the development
of Chula ,Vista Gardens Unit Pdo. 1 and said amount is the total amount
collected. to date from properties served by said sewer line.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as follocas
1. Bzlil.der_ agrees to offer for dedication by grant deed to
the City of Chula Vista said Lot B, more particularly described in
Exhibit "P_", attached hereto and made a part hereof b_y reference, con-
current with the approval and execution of this agreez*ment.
2. Builder f.urtrer agrees that said sum .e f_ $576.43, hereto-
fore collected. from parcels benefiting from the construction. of said
sewer by Builder. for Seaview Estates TJnit No. 1 shall be the total
amount presently due and owing from the City of Chula Vista.
3. City agrees to pay said sum of_ $576.43 upon. execution
and approval of this agreement.
4. City agrees to reimburse Builder in the amount of $2.279
per front foot at such time as said amount is collected from properties
connecting to said sewer in accordance with the recommendation e.f_ the
Director of Public Y2orks, as approved by the City Council of the City
of Chula Vista.
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IN WITNESS [h~HEREOF the parties hereto have caused this
agreement to be executed the day and the year first herein,above set
forth .
THE CITY OF CHLTLA VISTA /~`"~'
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SYRACLJS ELOPr4EN'z' CO , Inc.
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Attach Notary Ackno~aledgmert
here
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On October 22, 1968, before me, the undersigned, a Notary Public in and
for said State, personally appeared EARL L. BROWN, known to me to be
the President of the corporation that executed the within instrument,
and. known to me to be the person 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.
WITNESS Y n d and off ' ' a 1 sea 1. ~~~°~Y ~°°~n~°°~°¢`q° ~q, _T , y u Q .5
(~, ti ~~ rao[r,rr F~~ Luc
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y ° ,),~~' Pnncipal Office, S-r C;~go Co. Calif. ;~
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Public in and for said County and
State ~ My Commrssron Expires Aur,ust 22. 1912 °~
Approved as to form by
Geo ge D. indberq, Cite P.ttor
RECOMMENDATION OF THE CITY ENGINEER
P.EGARDING
PROPOSED SYSTEM OF REPAYMErIT
FOR SEWER IN EAST NAPLES STREET
Lane F. Cole, City Engineer of the City of Chula Vista, pursuant to the provi-
ons of Ordinance 405, as amended, directing me, as City Engineer to make and
esent to the City Council of the City of Chula Vista, a diagram of all the
~operties affected and benefited by the construction of a sewer main extension in
Est Naples Street adjacent to Seaview Estates Unit No. 1 Subdivision within the
mits more particularly shown on the attached diagram, herewith present my
:commendation regarding proposed amounts to be charged to pay the expenses of
iid sewer construction at the time of connection to said sewer. The attached
agram depicts each separate lot or parcel of record at time of preparation which
is frontage upon sai~,d/sewer and is potentially benefited ~ said sewer.
City Engineer of th~ ity 'S"-~hula Vis
SIC DATA:
1. Construction Cost
1972.55 L.F. 8" V.C.P. sewer @ $4.00 per L.F. $7,890.20
7 manholes @ $300.00 each 2,100.00
Total Construction Cost $9,990.20
2. Total frontage = 3945.10 feet
3. Incidental expenses incurred by the City in order to
obtain reimbursement for the builder = $9990.20 }: 5~ _ $ 499.51
4. Direct benefit to builder = z x $9990.20 = $4,995.10
5. Maximum amount builder to receive as reimbursement has
been determined as follows:
$9990.20 total cost
-499.51 (see item #3)
$9490,69
-4995.10 (see item #.4)
$4495.59 = maximum reimbursable amount
6. Total potentially benefiting frontage = 1,972.55 feet
7. Reimbursable unit cost = $4495.59 _
1972.55 - $2.279 Per front foot
8. Front foot charge to be assessed = $4.25 per front foot per Code Section
26.71 (a) of which the above stipulated $2.279 per front foot shall be
reimbursed to the builder and the remainder shall be placed in the Sewer
Income Fund of the City. This charge shall be made against all fronting
lots or parcels making direct connection to the subject East Naples Street
sewer. The frontage dimension used shall be that frontage upon the subject
sewer prior to dedication of intersecting public rights-of-way from the
connecting parcel.
9. Date of acceptance of the subject East Naples Street sewer is hereby establi
shed for repayment purposes as June 1, 1959.
City Council. Besolution sic.
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