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HomeMy WebLinkAboutReso 1968-4775Form Noe '3 4 2 Rev 8-6? RESOLUTION NO~ 4775 RESOLUTION OF THE CITY COUNCIL OF THE CIT`~ OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OE CHULA VISTA AND MRS. GENEVIEVE REGO, AUTHORIZING SEWER CONNECTION UPON CONDITION THAT PROPERTY BE HELD IN ONE PARCEL, AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve a.s follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Mrs. Genevieve Rego, authorizing the connection of certain apartment units on the property located at 985 Broadway Avenue to the sewer line in Broadway Avenue, upon the condition that the property be held in one parcel, under a sole and separate ownership, dated the 28th day of May , 1968 , 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 Present by / J ~• ?~~ ® . Lane F. Cole, Director of Public Works Approved as to form by George D. indberg, City Atto ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OE CHULA VIS'TAy CAL ~FORNIA, this 28th day of May , 19 (g by the follow~_ng vote, to-wit: AYES : Councilmen_ Sylvester, Hamilton, McCorquodale, McAllister, Scott NAYES: Councilmen None ABSEN`T': Councilmen None /`~ ~- ATTES'T ~--" - .% `ty Clerk STATE OF CALIFORNIA j COUNTY OF SAh' DIEGO ~ ss m CITY O~F CHULA VISTA i Y, , 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 amended or repealed DATED _ ,. ~- ~~ ~~~ ~~ or of the Cit o Chula Vrata Y Y AGREEMENT AUTHORIZING SEWER CONNECTIOPd UPON CONDITION THAT PROPERTY BE HELD IN ONE PARCEL THIS AGREEMENT, made and entered into this 28th day of May 1968, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and MRS. GENEVIEVE REGO, an individual, hereinafter called "Owner"; W I T N E S S E T H 47HEREAS, Mrs. Genevieve Rego is the owner of certain real property in the City of Chula Vista, located at 985 Broadway Avenue, more particularly described as Parcels No. 34, 35, 36 and 37, shown on Book 618, page 6, of the Assessor's map, and WHEREAS, said property has been divided into separate parcels for purposes of financing although all of said property is held under the same ownership, and WHEREAS:,, Owner has requested permission to connect certain apartment units located on that certain parcel known as Parcel No. 35 to the sewer located in Broadway Avenue, and WHEREAS, it is proposed that said sewer connection would be made by hooking into a sewer line across that certain parcel known as Parcel No. 37, rather than a direct connection with the sewer in Broadway which would be economically unfeasible, and WHEREAS, it is contemplated that the eventual development of said property will probably occur as a single unit under one sole and separate ownership, and WHEREAS, pursuant to Section 26.13 of the Chula Vista City Code, the sewer connection as requested by Owner is permitted if Owner agrees in a written and recorded instrument that all portions of said lot will be held under a single ownership as long as independent sewer systems are not provided. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Owner agrees that all of the parcels contained in the property hereinabove described shall be held under the ownership of Mrs. Genevieve Rego as one common parcel, and in the event that Owner or her heirs or successors in interest should divide the interest in said property and said property is no longer under a sole and separate ownership, then the sewer connection of Parcel 35 to the Broadway Avenue sewer, via the sewer line across Parcel 37 shall be abandoned and said Parcel 35 shall be served by means of connection made to the Moss Street Sewer. 2. Owner further agrees that if that certain parcel in the property hereinabove described, known and designated as Parcel No. 36 is sold to separate ownership from Parcel No. 37, the sewer in Broadway Avenue will be extended south 120 feet to serve said Parcel No. 36. 3. Owner further agrees that if the property is subdivided, a condition of the subdivision may include the extension of the sewer in Broadway Avenue on the east side of the street southerly from its present location at the northwest corner of Owner's property. -1- - ~~% .~ 4. Owner agrees that at such time as a building permit may be secured for any improvements on Parcel No. 36 or Parcel No. 37, with a permit value of $5,000 or more, Owner shall pay a sewer connection charge for "said -.parcels in accordance with Section 26.71 of the City Code, as amended. 5. City agrees to authorize the connection of apartment units located on Parcel No. 35 to the sewer line crossing Parcel No. 37. IN WITNESS GIHEREOF the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. TIiE`- ~ITY OF CHULA VISTA `''-'15aniel ~1. cCorquo~re, Mayor OWTNER: ~; Mrs. GenevieveLRego 4~ Attach Dlotary Acknowledgement Here. Approved as to by } //'/ ~,2 George D. L_~ dberg, City Attorne ~~ .~,~ ~ TO 447 C O (Individual) ~ STATE OF CALIFORNIA Il /~ ~ ~fFGd C ~ COUNTY OF } SS. J ~ / ' On / ; ~~ ~~f~~~ before me, the undersigned, a Notary Public in and for said State, personally ap eared y- ,. , ~ w I ' ~ ,known to me a to be the person whose name /-% subscribed ~ to the within instrument and acknowledged that S~c' executed the same. ~~~~„~~,,,,~~,,,,,, ~... ~~~~„ ~ m ~,,,,,,,,,,~,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~„~~~~„„„~,~~„~„~~~~~ WITNESS my hand and official seal. 5 o F ~~ _ F Q;j~~'~E jp4, ~-Jn,~~~~$ ~~ ~; _ .? ~ ~' '~ ~~ - N ARr rl,t3LIC - CA.IFOnNIA OT Signature ~ jf" W , m ~ PRINCIPAL OrfiCE IN ~~ _ ~3,E~/,',~)~ ~A. HU~iHE .. . _ __ SAN DItGO COUNTY a_... mri«~,,., rte., ~a, ic~n =,,.,..___,.._,....._a_,,. m.~...,,.,,,,,,,,.,,,~~,,,,~,.,,,.,,~~,,,,~.,,~,.~.,,,,..~,,.~,w...,,,,... Name (Typed or Printed) /1~ ~ /~~)~ / ` - ~ ~ ~~ i l l i fi i l t (7h c a ar sea ) s area for o no a