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HomeMy WebLinkAboutReso 1960-2491 DATE . e 4 RECORDED • • :1,2 I 1 \I RI • t RESOLUTI ; TY CC E T AL CUNT 0 tr: .LNE Y "H!CI- ER ThiN r? PhOPERTY SHALL PAY Pt7' ."..)R TO MA-Z ; t:y = CONNECTUN BECAjSE Of- gENEFIT EC V1 8' • SA ID PIEL S BY 1H7 CUNS TU:: rc- 4 ct= sElv”ZiR L INE ON Melrose Avenue P:tj IS freeff., 1 fr l ° o BY John B. Morgan Construction Co. _Inc. r')ui if v"--*RFAS, John B. Morgan Consf . Co. Inc...Lnsfr fed B ! der ri-74,7mE c - aud -o b . s uc ted a ss vie I The t7tnant., . c, Melrose Ave . in Country Club View,Unit #1 in l '1°. fS I-reQ. ts or S.ubdi v . si :,r C%u13 sta. aid 'HFEAS , Erinec - ,,, on AuRust 811960 dii 5:-.cept said c,)ns truct ion as hay Inc: met speci f 0113 rzquirements of the CEty of Chula 'ifs and HE R E AS tilt; City F.: 19 Ineer has f 1 zd fic recommend - ions rn?. City Council , in wri ing , with he City Clerk „ sel fot t re in the parcels '-se has de fermi n d y,ht eh have binc, f.-o-n the co is truct to-t of 3a id sewer ;r =-: an.c Eippuri-4:n6ac: 5 , 110 n he has $t.,! t fo -Hi in h recommendat ions, in propor tic to Hi 'oencf f recei -ed, t he rnoun of mone $2.69 per front foot ioce front foot or per witch f hoc 1 d be o3set;sed aca lost parcels zts a act e ) Te.vu 1- of said becef it received„ sICf- sum of money should bc pa 'd o the City cf Cbt; la \' fa prior to any I-ewer con neci /on 5eing mode to any sewer foci ty of the City, to serve said ,-)cr c t5 11 C.7 City Enei nee , in his re ccn,menda 1- 1 ons ascot aincd :-hat a3d uiidr incurred f!le cost of $ 3, 174.07 for ; he consruct on of site 3,2. er tine end f6cilit , es , an-.5 EA' fh City EnOn s per of nIs recommend,lt ; on!: (iciermincd bet-cfi rrozived by s .3fd biIder , bel:at:se of the corstrucflor, o sa ; d sewer iIn nd facilii.ies , :5_115, 87 04_ end that t he amount or mor,ey which s cfd Lui Ider should be. eni ti ,d to rc?ce ive by way of relmpur s e m77nt for the said con st rue-Hon, in accordance with Crdina ce naf ter referred- to- as Or-di-mance No. 4050 1.•5.87,04 . • • less the incidental expenses incurred by the Ci.fy including engineering and clerical expenses in order to 79.35 obtain said reimbursement , in the amount of $ 0 or a total amount% be reimbursed to said Builder e- , g _ C ij.,507. 69 NOw, THEREIORE , IT IS HE [!EBY FC,ND P,' 301.7ED kS FOLLOv'Sf. That the consttuction of said sewer line and appur 'enznces has benefited those parcels as shown on the ol6t which is attached hereto and made a part hereof; 2, Thaf the recommendations of the City Eng :nee ere hereby approved and adopted as filed with the C ; ty Cierk and $2. 69. gLitorki fqqj is hereby assessed against (per front - oot or per at--:iel -- said parcels as a result of said benefit received, which sum of money, at the obove—mentioned rate, shall be paid ' o the Cily of Chula Visa prior 'o any connection being m6de tc zny sewer facility of the City to serve said parcel ; 3, The Mayor of the City is hereby authorized to sifo, on behalf of the City, the Contract, which is hereby aoproved and which is attached hereto, which provides for the reimbursement to said builder for the construction of said sewer line and appurtenamces„ in an amot. nt not to exceed the sum of U ,507_269 ( cost less binef ! i. 'fo builder, less incident, all in accordance with the provisions of expenses )® Ordinance No 405. —2— 1 • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this ] h day of A ;,ust,, 1,961 by the following vote, to-wit: AYES: COUNCILMEN Smith McMains DeGraaf,McAllister NAYES: COUNCILMEN None ABSENT: COUNCILMEN Menzel O ti • !*Ig A ' y.71-of tie City of Chula Vista ATTEST: "ty Clerk 17" cti STATE OF CAt.IFORNI4 ' ') COUNTY OF SAN DIEC�M�' ) ss CITY OF CHULA VISTA ) I, KENNETH Po 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 Resolution No. and that the same has not been amended or repealed. DATED: City Clerk •. • John B. Morgan Construction Co., Inc. •:• •• • 1°) CF C--13LA " T RUI !D FC..;f; ttE SA D flJ ! LDER 1' C I! A PO T CF :DS T CF 1.:ON S t (.,r CE • . . . . • • ,Melrose Ave. in Country Club View, Unit #1 --s771-7-77:7- • . , . . • . lhis ogreemert nr-.;c and c a'o. sz' . ...•-• ••. . • . :)w. by zir4 be-verAohn B. Morgan Construction Co., Inc. . . • • lzrzln4•HT.r ieforrec; a•.:Itdc:F, .rd C- ti of . • • • Cu:! Vista: a murIci ...7;c : corporettor, ,-eferred :o ass the C" .-• • • BuMder :I's:1 ..:4-nOrItcied or -: 4.2sed cDn$4-7-ucf2d a SZWC1'7' H04: apoi? fetIontee-e • . •••• ,• . • hzreilntiffc'e tef,,rrtci ...! s 71Farl ; tfiesfl, in Melrose Ave. in Country • • Club View, Unit #1 the CP of Chute 4; i5T1, ar-3 ..•*.f,)C1 I 1.) ■s4HEREAS, _&ugns C, fy Chuta adopted Rziotut4n whizh -er,t1; ned tre t the 4-orzsi -l.cti -pn o sai'd sem,11,,; (!ild • • • 60flur4tenances hae ber-afied c'erLlin pavocle-of. . 4nd e3 . ! ;134n on thc; p; at 3tiac'ved fo 7esoft...? 14lo, •- nd VHF. EAS, 3;lid resctufio Gzt forth thece 'n a .. •-••• " itIn 3 e City •-li:. )1.011-Td by r•,...1 7s,'y CC.u3ri ! r„ • • • . • . . O. am4Jutif oT mne ,. tr.:id at:Zile:- reim- • - 'or thz con.Fifrictic-n Jfs13d flne, in accord- ahc,4 41 r the provtvtons a Orinhhce No. 405, aa amehded, here- • •• :.•'-.: • •. refv2Trcd Ord7riance 1105, to tht eteAt tha1 1 :1 _ . aewer Vine had beneflted aad parcels of land, and leas the - c4denta e'Apenaea incurred Va connectidn vilth obtallning ,f,,•&Vd reimbursement, and • 1-1EREAS, said Builder has read and understands the pro visions of Ordinance No 405, and said Resolution • • and aprees to ail of the provisions of said ordinance, and • • . . . 0 aorees that all of the statements, determinations and conclu- . _ sions in said resolution are correct, and he is in accord • . . • • . . . . CO(a O.— 0L.}-3 and agrees to the conclusions thereof, and i•`'HEREAS said Builder represenfs that said facilities ties • have been... rrria€ fed and vested in the City, free and clear of- any demand from any person or firm whatsoever, except as provided in this agreement, and t'HEREAS, it is agreed by said Builder that his reim® • bursement for the construction of said facilities shall be limited to refunds collected pursuant to the provisions • of Ordinance No. 405, and wHEREAS_ said Builder agrees to hold the City, its • f 5 • agents, officers and officials, free and harmless from any and all claims or demands arising from or out of or through the instal lation of the herein referred to fecasaries, and WHEREAS, the Builder agrees that if the amount collect- :• ed by the City from persons connecting to said facilities, • who have benefited from the construction of said facilities, does not compensate the City for the caul- of Co section, that the City may deduct from the amount due to the Bu "sides a reasonable sum of money to cover the cost of collection by the City, and WHEREAS, ft is agreed that the City shall in no case • ::• • be liable to the Builder for failure, neglect or inability for any Beason to collect any charges herein mentioned, or to reimburse the Bewilder as herein provided, or for errors in proportionate disbursement thereof, NOW, THEREFORE, it is agreed by and between the pasties rerefo that the City will reimburse said Builder for the cos- ' struction of said facilities, in accordance with the provisions • of Ordinance No. 405, said Resolution No. 2491 , and this • • contract D fed i• hi5 16th ,day of _August , i> 60�, Cl' IA Vicr� Bpi€ E. � _ I, R. A. Floyd, Cityr,,Engineer of the City of Chula) Vista, pursuant to the provisions of ttre Ordinance 596 directing me as City Engineer to make and present to ttie City Council of tfrb'' City: of Chula' Vista a dia gram of the property affected and benefited by the proposed work and improvement to be done on Melrose Avenue, in a portion of the incorporated City of Chula Vista, within the limits as more' porti tutor!y described on the be low diagram, herewith present this document to the City Council, and I do hereby certify that this document constitutes a true and correct diagram of the ,property affected and benefited by the said work and improvement, which is to be assessed to pay ' the expenses of said work and improvement, and that said diagram shows each separate lot or parcel of land, the di mensions thereof, and the relative location of the same to the work . done, all within the limits of the assessment district. 1 • City Engineer of the -City of Chula Vista Dated, Chula Vista, California, Att Q• ( 0 1960. NORTHWEST QUARTER AREAS BENEFITING FROM THE CONSTRUCTION . 16 17 �. •• r 115' I/// 1 {. , <�� •♦.' r TOTAL AREA `t. "'••, �., AREA OUTSIDE SUBDIVISION' -,,1 1•�•�•/ AREA INSIDE SUBDIVISION 13 20/ ♦♦♦♦• _ " L" STREET ' •��•�•., 658' —+�-•- QUARTER + .. ; ��♦� SECTION 95. ..• 28 ® ..' ♦�.1 27 ra .4 .,4 cr a = ows . ..• 589.94' Assessable Frontage 26 • at 2.69 per foot AV . 25 All "AAA .... 4,. A / SCALE . '%i'i=. ..•RW;. ;iFt•-9S I.. I' 200' SOUTHWEST QUARTER I. 589.94' of 8" V. C..P. Sewer Pipe at 43.90 = $ 2289.07 3 Manholes at 295.00 ea. = 885.00 Total Cost = 4 3174.07 2. Value of Benefit Received by Builder 1/2 Total Cost= $I587.04 3. Value of Benefit Received by Properties Which Have Not Contributed to the Original Construction Cost 1/2 Total Cost = $1587.04 4. Incidental Expenses Incurred by the City in Order to Obtain Reimbursement for the Builder $79.35 5. Amount to Which Builder is Entitled to Receive by Way of Reimbursement $1507.69 ' 6. Front Foot Assessment $1587. 04 - 589.94' = $2. 69 per foot