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HomeMy WebLinkAboutReso 1953-1449 i l+ l • 1 a RESOLUTION NO. 1)49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT RFTWEEN LAWRENCE C . KUEBLER AND MARY M. KUEBLER AND THE CITY OF CHULA VISTA PROVIDING FOR REIMBURSEMENT FOR A PORTION OF THE COSTS OF INSTALLATION OF CERTAIN FACILITIES THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement between LAWRENCE C . KUEBLER and MARY M. KUEBLER, and the CITY OF CHULA VISTA, dated July 14th, 1953, a copy of which is attached hereto, and t incorporated herein, the same as though fully set forth herein, be, ,and the safne is, hereby approved. • • • a . ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF . CHULA VISTA, CALIFORNIA, this 114th der of .Juy i . ,19'53, by the following vote, to-wit: AXES: COUNCILMEN Riesland, Nobel, DeWolfe, Halferty, Logan NAYS: COUNCILMEN _NcinP _ _ ABSENT: COUNCILMEN , None , 0 Ar .. A4 ..�! ...a'lamri / A or o the 3. y of Cr, _Ar LS J. ATTEST: ./. Y by Deputy STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , , 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the above and foregoing is a full, true and correct copy of Resolution No. , and that the sane has not been amended or repealed„ DATED: City Clerk . by Deputy • CONTRACT BETWEEN SUBDIVIDER AND THE CITY OF CHULA VISTA PROVIDING FOR REIMBURSEMENT .. TO SUBDIVIDER OF KUEBLER TERRACE NO. 8 and • NO. 9 FOR A PORTION OF TUB COSTS OF INSTALLA- TION OF CERTAIN SEWER FACILITIES Whereas, LAWRENCE C. KUEBLER and MARY M. KUEBLER, hereinafter sometimes referred to as SUBDIVIDER, intends to create subdivisions of land in the City of Chula Vista to be known as KUEBLER TERRACE NO. 8 and KUEBTRR TERRACE NO. 9; and Whereas an Ordinance of the City of Chula Vista requires sub- dividers 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 constructed in First Avenue and "G" Street, at the intersection of First Avenue and "G" Street, a distance of approximately 1772 lineal feet; and Whereas it appears that such sewer laterals can be or will be used in the disposal of sewage from property not in said subdivisions, but which abutt said portions of First Avenue or "G" Street in said subdivisions, and that 2220 feet of property not in said subdivision can be served by said sewer lateral; and Whereas the total cost of said sewer laterals will be $8457.75 • of which the sum of $4195.25 should be apportioned to the real • property in said subdivision which will be served thereby and the sum of $4262.50 should be apportioned to real property not in said subdivision which can be served thereby; . " NOW TI3EREFORE, WITNESSETH THIS AGREEMENT between the SUBDIVIDER and the CITY OF CHULA VISTA, SECOND PARTY: FIRST: In consideration of the installation of said sewer laterals and other. facilities in said:portions of First Avenue and . "G" 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 re- imburse SUBDIVIDER for the cost of said sewer laterals and other • facilities for the beneficial use which can, or will be, obtained by owners of real property not in the subdivisions in the amount • of $4262.50, in installments, when, as, and if, the same is collected from persons owning real property not in subdivisions 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 on said portion of First Avenue and "G" Street will be $8457.75 which shall be apportioned to all real property fronting on such facilities which said frontage equals 4405 feet, making the- cost per lineal front foot of $1.92 which is hereby declared by SECOND PARTY to be a reasonable charge' for • the use of such facilities. . THIRD: Second Party agrees to pay to Subdivider the sum of $1.92 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 of Ordinance No. 405 of the City of Chula Vista. The real property not in said subdivision affected by this contract is described as • • • all the real property abutting upon said First Avenue and "G" Street . . described as follows: FIRST AVENUE PROPERTY Along the Easterly line of First Avenue from a point 660 feet North of the center of the intersection of First Avenue and "G" Street to a point 200 feet North of the center of the intersection of First Avenue and "G" Street "G" STREET PROPERTY • Along the Southerly line of "G" Street, from a point. 500 feet East of the center of the intersection of First Avenue and "G" Street to a point 920 feet West of the center of the intersection of First Avenue and "G" Street, and along the Norther- ly line of "G'.' Street from a point 920 feet • West of the .center of the intersection of First Avenue and "G" Street to a point 660 feet West of the center of First Avenue and "G" Street . • Second Party shall not be liable for any failure to make such collection pursuant to said ordinance. FOURTH: That all such collections made hereunder after Second • • Party deducts any costs of collection shall be paid forthwith by • the Finance Officer to the said Subdivider, their successors or -2- assigns. If after the expiration of Two (2) years the whereabouts • of the said Subdivider or their successors or assigns, are unknown to said Finance Officer, and no demand is made therefor, all sums • so collected and deposited to the credit of such person shall be deposited in the sewer fund of Second Party, and all rights there- . , • to of such persons shall terminate. FIFTH: No charge made or collected hereunder shall bear in- terest. SIXTH: Second Party shall in no case be liable in damages • • or at law or otherwise to Subdivider for failure, neglect, or in- ability 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. • DATED: July 14th, 1953 • '_ al, ' _. • 7//adix/ tt-j, *(26//fA Subdivider ' CF CHULA VISTA Mayor, econd/'ar -, • ATTESTED T0: City -rk of the Cit of ' . • , • Chula Vista, California. Approved as to form: ' City Attorney of the City of'Chula Vista.