HomeMy WebLinkAboutReso 1965-3685 RESOLUTION NO. 3685
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND ROBERT B . HELMUTH, ET AL, RELATIVE
TO THE PARTICIPATION IN THE BONITA VILLAGE SEWER LINE
EXTENSION AND APPROPRIATION OF NECESSARY FUNDS
The Council of the City of Chula Vista does hereby resolve
as follows :
1. That certain agreement for the construction of sewer
line extension executed by ROBERT B. HELMUTH, ET AL, on the "3't ,J ? day
of March, 1965 , be and the same is hereby approved and the Mayor is
authorized to execute same on behalf of the City of Chula Vista.
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2 . A true copy of said agreement is attached hereto and
incorporated herein by this reference thereto, the same as though
set forth in full herein.
3 . That the amount of $5 , 280 . 00 is hereby appropriated
from the Sewer Income Fund.
Presented by
Approved as to form by
George D . Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, this20thday of April
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,` .- ._.-c_<.._t_t.-t_-f. �( ---. -6(C.E7
„ 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 of ,
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652
AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of
Kmath, 1965, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City" , and ROBERT B. HELMUTH,
et al, hereinafter called "Owners" ,
W I T N E S S E T H :
WHEREAS, Owners desire to construct a sewer line extension
in Bonita Road to serve those certain properties owned by ROBERT B.
HELMUTH and JOANN HELMUTH, joint tenants, as to an undivided one-
half interest, and FRANCIS E. HELMUTH and DONALEE HELMUTH, joint
tenants, as to an undivided one-half interest in that certain property
known as Parcel 1 and Parcel 2 as shown in Book 593 , Page 32 of the
County Assessor's Maps, and that certain property owned by DR. FRANK
O'NEILL and ELSE O'NEILL, joint tenants, known as former Parcels
1 and 2, as shown in Book 593-033-11 of the County Assessor's Maps,
being located on Bonita Road easterly of the development known as
Bonita Village, and
WHEREAS, the construction of said sewer line extension
would necessitate the construction of approximately 558 feet of
sewer extension fronting on the Bonita Village holdings which do
not front on said parcels and would not directly benefit the
properties of Owners, and
WHEREAS, City desires that said sewer line be extended to
provide the necessary sewer extension services for future development
of the surrounding developable area of 200 acres, and
WHEREAS, construction of the sewer line extension in the
manner agreed upon by the City and Owners would provide for future
extension which would eventually be made and would simplify the
problems of said future sewer extension, and
WHEREAS, the failure to construct said sewer line extension
at the present time would result in unnecessary expense and incon-
venience to the public, and
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f, F . .
WHEREAS, sound planning and economics and the preservation
of the public interests require that Owners construct the entire
sewer line extension including that portion fronting on the Bonita
Village holdings in order to properly serve their properties as
well as future development and that City participate in said
construction costs.
NOW, THEREFORE, IT IS AGREED by and between City and Owners
as follows:
1. Owners shall construct a sewer line extension from
the existing sewer line located in Bonita Road fronting on the
Bonita Village holdings in the City of Chula Vista to Parcels 1 and 2,
as shown in Book 593, Page 32 of the County Assessor's Maps and
former Parcels 1 and 2, as shown in Book 593-033-11 of the County
Assessor's Maps, said construction to be in accordance with plans
and specifications as approved by the City Engineer of the City of
Chula Vista.
2. Said construction is to be completed before the end
of the fiscal year 1964-65 which commenced July 1, 1964.
3 . The estimated cost of extending the sewer line to
serve said parcels is $11,000.00. That portion of the sewer line
extension fronting on the Bonita Village holdings represents
$5,280 .00 of said cost. City agrees to pay Owners upon completion
of said construction, a portion of the amount that Owners are
obligated to pay for the construction of the extension of the
sewer line to serve said parcels, represented by the front footage
of said holdings, provided, however, that said amount of City's
contribution shall not exceed $5,280 .00. Owners ROBERT B. HELMUTH,
JOANN HELMUTH, FRANCIS E. HELMUTH and DONALEE HELMUTH agree to bear
the entire cost of the sewer line extension subject to reimbursement
by the City in the amount set forth above, and Owner DR. FRANK
O'NEILL agrees to contribute the actual cost of the construction
of that portion of sewer extension fronting on his property, but not
more than the sum of $1,600.00.
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4. City agrees that at such time as Owner O'NEILL should
connect to said sewer, the contribution hereinabove provided shall,
if paid, relieve said owner from payment of the required front
footage charge.
IN WITNESS WHEREOF, this agreement is executed by the City
of Chula Vista acting by and through its Mayor pursuant to
Resolution No. 3685 , adopted by the City Council of the City of
Chula Vista on the 20th day of April , 1965 authorizing
such agreement, and by ROBERT B. HELMUTH, et al, this 30th day of
March, 1965, as first hereinabove written.
THE CITY OF CHULA VISTA
i
E:Iearnor-Anderson;"r Mayor
- OWNERS
1.-1-` -�-L!:a` - U U
Robert B. Helmuth
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Joann Helmuth
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'--Francis E. Helmuth
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Donalee Helmuth
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Dr. Fran O'Neil
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Approved as to form by,,,
-A. C-; -zt- a c„,,_ C) 4_,/ e___,L,r
Else O'Neill
George D Lindberg, 'City Attor y
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