HomeMy WebLinkAboutReso 1965-3741RESOLUTION NO. 3?41
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 P7AKING SEWER
CONNECTION BECAUSE OF BENEFIT RECEIVED BY SAID PARCELS BY
THE CONSTRUCTION OF A SEWER LINE ON TOBIAS DRIVE BY
PRINCESS PARK ESTATES, INC.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Princess Park Estates, Inc. constructed or caused
to be constructed a sewer line and appurtenances on Tobias Drive in
the City of Chula Vista, and
WHEREAS, the City Engineer, on March 6, 1964 did accept
said construction as having met the specifications and requirements
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 line and appurtenances, and has set forth
his recommendations as to the proportion of benefit received, and
the amount of money per acre which should be assessed against said
parcels as a result of said 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 $2,139.50 for
the construction of said sewer line and facilities, 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 line and- appurtenances is $781.62, and
that the amount of money which said builder should be entitled to
receive by way of reimbursement for said construction, in accordance
with Ordinance No. 405, as amended, is $1,357.88, less the incidental
expenses incurred by the City including engineering and clerical
expenses in order to obtain said reimbursement, in the amount of
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$30.41, or a total amount to be reimbursed to said builder of
$1,327.47 as follows:
290.96 feet x $2.57681 = $749.75
236.00 feet x $2.57681 = 608.13
$1,357.88
- 30.41
$1,327.47
(from properties within the
Montgomery Sanitation District
Service Area)
:(from properties within the
Chula Vista Service Area)
incidental expenses
Total reimbursement to Builder
and
WFIEREAS, the Montgomery Sanitation District has deposited
funds with the City of Chula Vista for the prepayment of connection
charges of properties within the Montgomery Sanitation District
Service Area in the total amount of $1,290.00.
NOG7, THEREFORE, P,S IT RESOLVED by the City Council of the
City of Chula Vista as follows:
1. That the construction of said sewer line and appurtenances
has benefited those parcels as shown on the plat which is attached
hereto and made a part hereof.
2. That the recommendations of the City Engineer are
hereby approved and adopted as filed with the City Clerk, and the
sum of $3.50 per front foot plus $70.00 per acre is hereby assessed
against said parcels withir. the Chula Vista Service area 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 Pdo. 405.
3. That that certain reimbursement agreement betcaeen the
City of Chula Vista, a municipal corporation, and Princess Park
Estates, Inc., a corporation, dated the 8th day of June ,
1965, the expiration date of which is hereby established as five years
from the date of the adoption of this resolution, 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.
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BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and she is hereby authorized and directed to execute said
agreement for and on behalf of said City.
Presented by
Lane Cole, City Engineer
Approved as to form by
__
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~~-~'e',a-'~..,_ ~' _ ~ ro~~~
George D. indberg, Cit Attorn
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ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, thissth_day of-. June ___,
19 65 by the following vote, to-wit:
AYES: COUNCILMEN McMains, McAllister, Anderson, McCorquodale, Sparling
NAYES
COUNCILMEN None
ABSENT: COUNCILMEN None
~.,
' Mayor of the City of Chula Vista
~ ( /_,
ATTEST.---~-=ti~_~~2_~1~.
City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ~ ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy
and that the same has not been amended or repealed.
DA
City Clerk
cc ~sz
REItdBURSE~ENT AGREr~ENT
Reimbursement Agreement
THIS AGREEMCNT, made and entered into this 8th day of
June , 1965, k;y and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City," and PRINCESS
PARK ESTATES, INC., a corporation, :rereinafter called °'BUilder,10
W I T N E S S F. T H
WHEREAS, Builder has constructed or caused to be constructed
a sewer line and appurtenances in TOBIAS DRIVE in the City of Chula
Vista, and
WHEREAS, on June 8
1965, the City of Chula
Vista. adopted Resolution No. 3741 which resolution determined
that the construction of said sewer line and appurtenances has
benefited certain parcels of land as shown on the plat attached
to said resolution, and
WHEREAS, said resolution set forth therein a determination
of the City Engineer, as approved by the City Council, of the
amoulit cf ,Money which said Builder should be reimbursed for file
co.~struction of said sewer line, in accordance with the orovisions
of Ordinance No. 405, as amended, to the extent that said sewer
line has benefited said -parcels of land, and less the incidental
e.cpcnses incurred in connection with obtaining said reimbursement, and
WHEREAS, said Builder has .read and understands -the provisions
of Ordinance No. 405 and said Resolution No. 3741 and agrees to
all of the provisions of said ordinance and the statements,
determinations and conclusions in said i-.e>olution, and
WHEP.EAS, Builder r_epresenLs that said sewer line and
appurtenances 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 said Builder that reimbursement
for the construction of said sewer line and appurtenances shall be
limited to refunds collected pursuant to the provisions of
Ordinance No. 405,
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-„
'r
NOW, THEREFORE, IT IS AGREED by and between City and
Builder as follows:
1. Builder, its lessees, successo-rs, and assigns, agrees
to hold CiL-y, its agents, officers and officials, free and harmless
from any and all claims or demands arising from or out of or through
the installation of said sewer line and appurtenances.
2. In the event the amount collected by City from persons
connecting to said sewer line does not compensate City for L-he cost
of collection, City may deduct from the amount due Builder a reason-
able sum of money to cover the cost of collection by City.
3. 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 pr_opor donate disbursement thereof.
4. City agrees to reimburse Builder for the construction
of said sewer line and appurtenances in an amount not to exceed the
sum of $1,327.47, in accordance with the provisions of Ordinance No.
405, Resolucion No. 3741 and this agreement.
IN WITNESS WHEREOF, this agreement is executed by the CITY
OF CHULA VIS^lA acting by and through its Mayor pursuant to Resolution
No. 3741 , and by PRINCESS PARK ESTATES, INC. the day and year first
hereinabove written.
THE CITY OF CHULA VISTA PRINCESS PARK ESTATES, ID7C.
~^ z.. ! _
Eleanor Anderson, Mayor S'..~ c~~
Approved as to form by
George D. Lindberg, City Attorney
_2_
L. ~'. C~~lc^, Ci~t1~ l;nc~ili~er nl Mlle ~~.t•,~ of Chula ~Iista, ~ur_:~uant tip the ~rrvi.
io,.,.s of <~rdi~.ancF !lOr aC amended direetillq me as Cite Engil~c~e~x t~7 rtlalce artc~
res^Ilt to talc City- nouncil of the Citr c,f Clilzla Vista. a dian.ram of the prop~rt~-
ffcctc~d and benefit^d l:,y t;Yle construction of sewer in TQLIAS D12IVL in a b.~tican
f •r.l„> ~_,~carpora~ted r'i.t,~ of Cl~lula vista, within the li_rlits !Wore ~~ar~ticulc~a~~.~"~'~~~e- .~ ,
~r.i.~ed arl the, ;~e1o•~tiT ~1:iagraln ~f~lerewith present ~ this document, to 'the City Cey~iYi~l~.,
nd I do 1le>"euy cE~rtif~r ti.tat ~tlli_s docurlent constitutes a true and cr~rrect +~i~lg~~rn,`
f t~;r~ pr_apert1 affected 1~~ said work and il:nprovernent, wl~lich is to 1~d charc~~~ '~~,
av t~lc~ e:~~pentips of .said wort; and irlnrovcn~ent at thcr timo of connection,, and their
zid diayra;71 sho~,as fear}i ,,^nparate lot or;' parcel o.f land, the d3_nlf~ns~j.ans therdmi
nd i~he rclat.i_vc lor_atir?n.; of the same tb th.e wort- done.
~te{3, t.hula V~..sta, California _~ -3 -~~, 191=,r
r~it;
lal?ted Z:,y Itcsolutio„ r•in_ . 3 74 / ,~, liated +.l uniE 8
X00 L. i'_ E3" J.C.: Sewr~'r wipe ~~rld two (?} T~lan.i~lole.s
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;'b~~t nf_ cons-trur.~tio~.z (per front foot of fralita.ge ± a ~
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5213. ~~n T 830. 2~3' - $ ~
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value oL- ':~enefit-. :r~~c.~~=ivec] l~~° ~roper.tif~s w'~~~.rh F•~ave rlo(_ i
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c~ont.ributF~.~d to rr.ini(~;al. construri:i_orl c,~7t
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Incidental Expen..ses incurred big Cit~T itT order •f::o obt.;.in
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reim'.~ursc~:T.ent fc.r_ the '~~T~; 1d^r >,
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r~rea Pz'opertics) $" x
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a Vista Service I~rea * ~~
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for properties within t"rle T~Iarltgalner~~ t~~nitation I75.~i'~~~i~;,'~~h''rr,~r~,
area 1•)ati be<~n deposited witii the Cite per aareFmerit W~.iv~1' ~' ~c~ ~r'.
da~tes~ I'eY~ruary l3, ? 9.~~4. ~ ~„, ~`~
PROPERTIES WITHIN THE CHULA
VISTA SERVICE AREA BENEFITING
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FROM THE CONSTRUCTION.
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BDRY. C/ TY of CHUL,4 V/STA
BDRY. CO lV T of SAN 290.96' - D/EGO s a' 61
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"^ PROPERTIES WITHIN THE ~'-''~ ~:
40'I 40' MONTGOMERY SANITATION OISTRIGT
SERVICE AREA BENEFITING FROM
THE CONSTRUCTION.
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