HomeMy WebLinkAboutReso 1961-2668Resolution No. 2668
Chula Vista City School District
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RECORDED
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RESOLUTION i'D.
2668
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RESOLUTION OF CITY COUNCIL DETER,'v\lNING THE AIv'OUNT
OF MONEY ~~ICH CERTAIN PARCELS OF PROPERTY SHALL
PAY PRIOR TO MAK II\(; SEWE R CONNECTION BECAUSE OF
BENEFIT RECEIVED BY SAID PARCELS BY THE CONSTRUCTION
OF A SEWER LINE in a ten (10) foot sewe r easement
in Quarter Section 87 and 88, Rancho de la Nacion
By CHJLA VISTA CITY SCI-COL DISTRICT
WHEREA,S, CHJLA VISTA CITY SCI-COL DISTRICT constructed or caused
I Bu i I du )
to be constructed, a sewer line and appurtenances in a h:n 1101 foot
sewer easement in Quarter Section 87 and 88 Rancho de la Nacion, a
description of which is attached hereto In the City of Chula Vista, and
WHEREAS, the City Engineer, on AUllust 22,1961
di d accept
said construction as having met the specifications and requirements of
the C~ty of Chula Vista, and
WHEREAS, the City Engineer has filed h is recommendations to the
City Council, in writing, with the City Cler!:, sdting forth therein
the parcels he has determined which have benefited from the construction
of said sewer I ine and appurtanances, and he has set forth his recom-
mendations, in proportion to the benefit received, the amount of money
, ,
Per Front Foot
I oe r fro nt' f 00 tor pe r a ere 1
sa'id J:arce I s a,s ,'a re'sul t of sai d
,
" , which should be assessed against
qtnefit received, which sum of money
shouldbe 'p'aid t'o the City of Chula Vista r::rior to any sewer connection
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being made to any sewer faci I ity, of the City, to serve said parcels, and
~~EREAS, the City Engineer, in his recomme'ndations, has ascertained
that said builder has incurred the cost of $,6,892.50 for the construc-
tion of said sewer line and facilities, and
WHEREAS, the City Engineer, as part of his recommendations, h'as
determined that the benefit received by said builder, because of the
construction of said'sewer line and facilities, is $ N::NE
,
and that the total amount of money which said builder should be entitled
to receive by way of reimbursement for the said construction, 1n
accordance ,with Ordinance No. 405, as amended, hereinafter referred to
,as Ordinance No. 405, is $6,892.50 plus 4% interest thereon per annum
computed quarterly for a period of ten years from the date of acceDtance
'of said se;'er facilities bydhe City of Chula Vista, and
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IYIHEREAS, th~ City Engin~~r, as part.of his' r~comm~ndations, has
d~hrmin~d th~ incid~ntal ~xp~ns~s incurr~d by th~ City, including
~ngi~~~ring and cl~rical ~xp~nses in th~ amount of $689.25 to b~
charg~d said parc~ls as a result of ben~fit r~ceived
t-DIY/, THEREfORE, ITIS HEREBY fOUND Af\O RESOLVED AS fOLLOWS:
I. That th~ construction of s.aid s~wer lin~ and appur.t~nanc~s
has ben~flhd those parc~1s as shown on th~ plat which ts attach~d
h~r~toand made a part h~reof;
2. That th~ r~i:omm~ndatlons of the City Engineer ar~ hereby
approved and adoptedas.f i.led with th~ City Cler~ and $3.2315 pH
front foot plus 4% inhrest thereon p~r annum compul~d quarlHly for.
a pe r i 0 d 0 f h n y~ a r S from th ~ d ate 0 f a c c e p tan ceo f s aid fa c i 11 II e s
. by th~ City of Chula Vista, plus $0.3231 per front foot is her~by
establ ished as t h~ conn~clion charge to b.e paid by sa id parcels as a
r ~ sui t 0 f s a I d be n e f t"t r c c e i v ~ d, w h i ch sum 0 f mo n ey, at. I he a b ov ~
m~nt lon~d rah, shall be paid to the Ci ty of Chu la Vis la prior 10 any
connecllon being made to any sewer facility. of the City 10 serve said
parcel;
3. The Mayor, o.f the City is hereby authorized to sign, on behalf
of Ih~'.City, .the Contracl,. which is hHeby.approved and which is attached
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hereto, which pr()"vldes for the reimbursem~nt to said butldH for th~
cons.tru.cllon of said sewer line and appurtenances, in an amounl nol to'
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exceed.t'h~ sum"of $6',892.-50 plus :4% Inhrest thH~on per annum compuhd
ICost I~ss .b~n~flt to bulldHl
quarl~rly for a perlof of ten y~ars from th~ date of acc~ptanc~ of said
HWH facti iti~s by th~ City of Chula Vista, all in accordanc~ with the
provisions of Ordinanc~ No. 405.
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this ~ day of SentpmhPT
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by the following vote, to-wit:
AYES:
COUNCILMEN Menzel.McMains.McAllister.Smith
NAYS:
COUNCILMEN
None
ABSENT:
COUNCILMEN
DeGraaf
ATTEST2-(..' '~""/~~
ity 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 of
, and
that the same has not been amended or repealed.
DATED
City Clerk
Chula Vista City School District
cRE IM3URSEMENT 'cONTRACT ,JE T')!EEN
;CHULA VISTA CITY SCHJOL DISTRICT
ISu i Iderl
AND THE CITY Of CHULA VISTA,
PROVIDIN:; FOR RE IMSURSEMENT TO
SAID SUI LDER IN ml\NECTION WI TH
A PORTION Of THE CCST OF CCN-
STRUCTIO~ OF CERTAIN FACI-L I TIES
IN A TEN ('101 FOOT SEWER EASEMENT
I'j QUARTER SECTION 87 and 88,
R~~CH) DE LA NACION
This asre~mC!nt madt: and entered into on the dote set forth below,
by and bdw<<n C!-{)LA VISTA CITY SCI-O:JL DISTRICT hereinafter rderred
to as the Builder, and the City of Chula Vista, a municipal corporafion,
h~rtinafte:r referred to as the Ci tv.
I'! I TNESSE Tr-;:
'r/HERE.A.5, said Bui Ider has constructed or caused to be constructed,
a sewer I int and appurtenances, here ina:fter referred to as ltfaci I itiesrt,
in d ten (18) foot sewer easement described in Ktsolution No.
{street or subdivision)
in the City of ehul a Vis ta, and
\':liEREAS, on September 5,1961 ,. the City of Chula Vista
IDate I
adopted 2e:solution No. 2668 ,. Y/hich resolut ion d~termined that the
construction of said s~w~r I in~ and dppurt~ndnces has b~nefittd certain
parc~ls of lend as shown on the plot attached to said r~solution, and
\)?HEREAS, said r~solution set forth th~rt:in a determination of the
Ci ty Engi neer, as approved bv the Ci ty Counc ii, of tht: amou nt of money
which said Builder should be reimbursed for the construction of said
,sewer I ine, in accordance with the proviSions of Ordinance No. 405, .os
amendedj hereinafter referred to as Ordinance No. 405, to the extent
that said sewer li'ne has benefited said parcels of land, and less the
incidental expenses incurred in connection with obtaining said re:imburse-
ment, and
\Y!r-fRE~.S,'said Builder has read and understands the provisions of
Ordinance No. 405, and said Resolution No.
2668
, and agrees to al
of the ;:;rovisions of said ordinance, and agrees that all of the state-
ments, de termin at ions and conclus ions' in sa id resolut ion are correct J
and he is in accord with and agrees to the: conclusions thereof, and
(0 ty~ i .' c'!-/~j
WH:..~:.AS, said Buil:J~r. recres~nts th::t said f-=cil ities have be~n
iils ta lied and v~s ted in the City, fr~e and clear of cny demand from
any p~rson or firm whatsoil!'ver, il!'xceat as provi::1ed in this a.gril!'ement,
and
WHEREAS, it is agreed by said Sui Ider that his reimbursement for
the construction of said facili.ties shall be limited to refunds collected
Dursuant to the orovisions of Ordinance No. 405, and
\\:'i-E~E,A.5, said Builder agrees to- hold the City, its agents, officers
and officials, free and harmless from any and all claims or demands
arising .from or out of cr through th~ installationof the herein referred
to facilities, and
\Y:'l-EREAS, it is agreed that the' right to reimburse the builder shall
be extended for a period of ten.( 10) years from the date that th,z sewer
facility is accepted by the City as being completed.
\'QJ--I~<EAS, it is agreed that the City shall in no case be I iable to
the Builder for failure, neglect or inability for any reason to collil!'ct
any charges herein mentioned, or to r~imburse the 3uilder as he.rein pro-
vided, or for errors in proportionate disbursement thereof,
NOW, -THEREFORE, i I Is agr..d by and between I h. per ties hereto Ihal
th~ City will r~imburst! said Builder for the construction of said faci-
I ities, in accordance with the Provisions of Ordinance No. 405, said
Reso lut ion No;,. 2668
, and this contract..
Daled Ihis 5th
day of
September
-, -1961
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CHULA VISTA CITY SCHOOL DISTRICT
BUI LDER
BY dJ
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I, ~. t:... ::-Ioyo, City ::,,;i,,<:er of the Cill of [nub VistQ, cursu..nt to the provisions of OrCinon:::<: 405 ::is
::'mf'.nded r1irecliog rr.~ os Citt ::~,~ineer 10 make and present to tne City Council af the C'ity ___f Cnv!,:
Vista Q Clia~rc::r;, cf Ine t:'fcperty effected ~r.cl oenefi1eo by t~.e constr~cticn of se....tr in the 10' WI0E
EASEMENT in a PORTION of QUARTER SECTIONS 57 and 88 in 0 portion of the inCvfPoto:ed Cill of
Cn~la Vista, '",itnin tne limits more porticularly descrioed on tne be 10'>10' diagram, here""iln oresent lr,is.
Gocumenl 10 ine Cdy Council, and I do nereoy certify Iha1 this document constitutes c true onG
correct diagram of toe property affected Dy said .....ork an(l improvement, whiCh is 10 be chorljleo to
poy Ine expenses of soid war;:' and improvement at the time of connection, ond thet soid jiogram
snows each seDorale lot or porcel of land, tne dimensions thereof ond Ihe relotive locations d the
some to Ihe work done_
Doted, Cnula Vista, California
, 1961
City Engineer of the Cit, of Chule Vista
A(!opted .by Resolution No.
,Doted
1 1961
I. TOTAL COST OF CONSTRUCTION.
1266.00 L.F. 8" V.C.P. Se...er PiDe 8 3 Mcnhcles
6892.50
2. INCIDENTAL EXPENSES INCURRED BY THE CITY FOR ENGINEERING
fr ACCOUNTING.. ~ 6892.50 x 100/0 :
I 689.2 5
3 AMOUNT BUILDER IS TO RECEIVE BY WAY OF REIMBURSEMENT.
$6892.50 + 40/0 I.'HEREST THEREON PER: ANNU~ COMPUTED QUARTERLY
FOR TEN (10) YEj,RS AS PROVIDED 8'1' RESOLUTION No. 2622 fROM THE
DATE OF. ACCEPTANCE OF SAID SEWER.
4. AMOlJNT TO BE CHARGED COMFUTED BY FRONTAGE BENEFITING FROM SAID
WORK :"'ND IMPROVEMENT IN THE AMOUNT OF $6892.50 ~ 2132.92' PLUS (+)
40/0 INTEREST THEREON PER ANNUM PLUS (+) $689.25"';- 2132.92' = PER FRONT FOOT
CHARGE IN ADDITION TO ANY CONNECTION CHARGES EXISTING OR TO BE
ESTABLISHED FOR TRUNK SEWERS OR SEWER OUTFALLS.
5. DATE OF ACCEPTANCE OF SAID SEWER BY CITY OF CHU.LA VISTA, AUGUST 22,1961
frontog e
Benefited
HA!_ECRES'f SCHOO~..
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Quarter Section 88