HomeMy WebLinkAboutReso 1955-1749 •
RESOLUTION NO, 1749
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CONTRACT BETWEEN
DALE HORTON and A. B. ELLINGTON AND THE CITY
OF CHULA VISTA PROVIDING FOR REIMBURSEMENT
FOR A PORTION OF THE COSTS OF INSTALLATION
OF CERTAIN SEWER LATERALS
THE CITY COUNCIL OF, THE Cl2YOF• CHULA VISTA, DOES HEREBY RESOLVE
AS FOLLOWS:
That certain agreement between DALE HORTON and A. B. ELLINGTON,
and the CITY OF CHULA VISTA, dated July' 18th, 1955, 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.
ADOPTED AND APPROVED by th e CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 9th day of August • ,1955, by
the following- vote, to-wit: -
AYES: COUNCILMEN Racier, DeGraaf,, Mansell, 'with, DeWolfe
NAYS: COUNCILMEN None
ABSENT: COUNCILMEN None
Mayo b e i'y o C u a i sta
ATTEST:
Ci'y er"
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA .VISTA
I, KENNETH 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. 1749 , and that
the same has .not been amended or, repealed.
DATED:. August ,1955.
City Clerk
RESOLUTION NO. 1749 _ 1r
ASSIGNMENT
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FOR VALUE RECEIVED, We, the undersigned, do hereby
jointly and severally, assign, transfer and set over to
J. ANDREW KITZTuAN all of our right, title and interest
in and to that certain fund provided for in Paragraph
I'FIRSTe of that certain agreement dated July 18, 1955,
between the undersigned and The City of Chula Vista,
subject to all the terms and conditions thereof, and do
hereby remise, release and quitclaim unto the said J.
ANDREW KITZMAN, all of our right, title and interest in
and to the property therein described.
The undersigned hereby constitute and appoint J.
ANDREW KITZMAN a true, lawful and irrevocable attorney
to demand, receive and enforce payment of said fund, and
to give receipts, releases and satisfactions for and to
sue for all moneys payable to the undersigned, and this
may be done either in the name of the undersigned, or
in the name of J. ANDREW KITZMAN with the same force and
effect as the undersigned could do if this assignment had
not been made.
This assignment is irrevocable and shall remain in
full, force and effect until its release in writing by the
undersigned and J. ANDREW KITZMAN.
Dated this 20th day of October, 1955.
DALE ORTON
fj /+
n
A Is. LLIN TO
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CONTRACT BETWEEN SUBDIVIDER AND THE
• CITY OF CHULA VISTA PROVIDING FOR
REIMBURSEMENT TO SUBDIVIDER OF CUSTOM
BUILDERS NO. 3 SUBDIVISION FOR A PORTION
OF THE COSTS INSTALLATION OF CERTAIN SEWER
LATERALS
Whereas DALE HORTON and A. B. ELLINGTON, each as to an un-
divided half interest herein, hereinafter sometimes referred to
as SUBDIVIDER, intend to create a subdivision of land in the City
of Chula Vista to be known as CUSTOM BUILDERS NO. 3 SUBDIVISION;
• ' and
Whereas an Ordinance of the City of Chula Vista requires
Subdividers to install sewers; and -
Whereas it is the opinion of the City Council of the City
of Chula Vista that it is necessary that sewer laterals be con-
structed in Fig Avenue, Guava Avenue, and Shasta Street in and
about said subdivision, such improvements to consist of 933 feet
of sewer pipe and 4 manholes which will serve both real property
• in said subdivision and real property owned by others not in
said subdivision; and
Whereas it appears that such sewer laterals can be or will
be used in the disposal of sewage from property not in said sub-
division having a frontage on Fig Avenue of 614 feet and can be •
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or will be used in the disposal of sewage from property not in
said subdivision having a frontage on Guava Avenue of 670 feet,
• • • being a total of 1264 feet of real property not in said sub-
division which can or will be served by said sewage facilities
located in Fig and Guava Avenues and in Shasta Street; and
Whereas the said sewage facilities will be used by 480 feet
of real property located in said subdivision; and
Whereas the total cost of said facilities will be $3905.55
or a cost of approximately $2.20 per lineal front foot which will
be or can be serviced thereby;
NOW THEREFORE, WITNESSETH THIS AGREEMENT between the SUB-
DIVIDER and the CITY OF CHULA VISTA, SECOND PARTY:
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FIRST: In consideration of the installation of sewer laterals
• and other facilities on said portions of Fig and Guava Avenues
and Shasta Street in the City of Chula Vista by SUBDIVIDER at
their own expense and in accord with all rules, regulations and
ordinances of the said City of Chula Vista, SECOND PARTY does
agree to reimburse SUBDIVIDER for the cost of said sewer laterals
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and other facilities for the beneficial use which can, or will be,
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obtained by owners of real property not in the subdivisions in
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the amount of $2780.80 in installments, when, as, and if, the same
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are collected from persons owning real property not in subdivision
of Subdivider who actually use the said sewer laterals and other
sewer facilities.
SECOND: The total cost of the installation of said sewer
laterals and other facilities in said streets will be $3905.55
• which shall be apportioned to all real property fronting on such
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'facilities which said frontage equals 1744 lineal feet, making
the cost per lineal front foot of approximately $2.20 which is
hereby declared by SECOND PARTY to be a reasonable charge for the .
use of such facilities. •
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• • THIRD: Second Party agrees to pay to Subdivider the sum of
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• $2.20 per lineal front foot of real property connecting to such
lateral from the additional connection fee which may be collected
by Second Party pursuant to the provisions of Sections 1 and 2
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of Ordinance No. 405 of the City of Chula Vista, or otherwise.
• The real property not in said subdivision affected by this con-
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• tract is described as follows:
All the real property shown and described
in that certain tentative map of Brown and
. Woolery Subdivision, prepared by- Henry A.
Algert, Civil Engineer, dated June 29,1955.
Second Party shall not be liable for any failure to make
such collection.
FOURTH: That all such collections made hereunder after
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Second Party deducts any costs of collection shall be paid forth-
with by the Finance Officer to the said Subdivider, their successors
• or assigns. If after the expiration of Two (2) years the where-
abouts of the said Subdivider or their successors or assigns, are
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,: :,:.. . . unknown to said Finance Officer, and no demand is made there-
fore, all sums so collected and deposited to the credit of such
person shall be deposited in the sewer fund of Second Party,
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and all rights thereto of such persons shall terminate.
FIFTH: No charge made or collected hereunder shall bear
interest.
SIXTH: Second Party shall in no case be liable in damages
or at law or otherwise to Subdivider for failure, neglect, or
inability for any reason to collect any charges herein mentioned
or to reimburse Subdivider as herein provided.
SEVENTH: Five (5) years after the date of this agreement
any right to reimbursement of Subdivider shall cease, and any
and all charges thereafter at the above mentioned sums per lineal
front foot made hereunder shall belong to Second Party and shall
• be collected and deposited in the sewer fund of Second Party.
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DATED: July 18th, 1955.
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MOP' FA
S .DIVIDER
CITY OF CHULA VISTA
BY ,! -
Mayor .
Second Party
ATTESTED TO:
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• Ci y C er of e -'ty of
• Chula Vista, California.
Approved as to form: .
City Attorney Of the City of
• Chula Vista.
‘9,421.-In.r-44442
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