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HomeMy WebLinkAboutReso 1952-1346 + 4 RESOLUTION NO. 1346 , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT BETWEEN ALFRED LANSLEY AND EUNICE_.ELLA LANSLEY AND THE CITY OF CHULA VISTA PROVIDING FOR RE- . IMBURSEMENT FOR A PORTION- OF THE COSTS OF CERTAIN LATERALS THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE • AS FOLLOWS: SECTION 1. That certain agreement between ALFRED LANSLEY and EUNICE ELLA LANSLEY, husband and wife, as Joint Tenants, and the CITY OF CHULA VISTA, dated August 1st, 1952, 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. i e • ADOPTED AND APPROVED by the CITY, COUNCIL of the CITY.OF CHULA VISTA, CALIFORNIA, this 3,2th d4Y of Aug st ,,19 52 ,r $ by the following 'rote,, to.wit: A1P.S: COUNCILMEN ,Logan,..De 01fec,Halfedrtyg. R),es,Land, ..Nobel ' NAYS COUNCILMEN N, ABSENT: COUNOILMEN. None , r r s'.r. Al Mayor o e i y of 1 a 3.sta ATTEST: i `4Z 1�-rid :411. '. Y by ' eputy STATE OF CALIFORNIA COUNTY OF SAN DIEGO } ss• CITY OF CHULA VISTA , 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the ,above and foregoing is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 - { b nepuuy • CONTRACT BETWEEN SUBDIVIDER AND THE CITY OF CHULA VISTA PROVIDING FOA • REIMBURSEMENT TO SUBDIVIDER OF LOMA ALTA PARK FOR A PORTION OF THE COSTS OF INSTALLATION OF CERTAIN SEWER LATERALS • Whereas, ALFRED LANSLEY and EUNICE ELLA LANSLEY, husband and wife, as Joint Tenants, hereinafter sometimes referred to . as SUBDIVIDER, intends to create a subdivision of land in the City of Chula Vista to be known as LAMA ALTA PARK; 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 Second Avenue from a point approximately 90 feet . • South of the Southerly curb line of Davidson to a point in the- • center of the intersection of Second Avenue and Lansley Way. Whereas it appears that such sewer lateral can be or will • - be used in .the disposal of sewage from property not in said sub- ' ' . • division, but which gbutt Second Avenue on the Westerly side • thereof between the above mentioned points, and that only approxi- •• mately 352 feet of property in said subdivision will be served by said sewer lateral; and • Whereas on said portion of Second Avenue said subdivider will install laterals that will or can service 533 front feet of real property fronting on said Second Avenue of which 1$1 lineal . front feet -are not in -said subdivision at a total cost of $1384.00 or a cost. of $2.59 per lineal fronttfoot which will be or can be serviced thereby; NOW THEREFORE, WITNESSETH THIS AGREEMENT between the SUB- - 'and the CITY OF CHULA VISTA, SECOND PARTY: FIRST: In consideration of the installation of sewer later- als and other facilities on said portions of Second Avenue in • the City of Chula Vista by SUBDIVIDER at their own expense and • in accord with all rules, regulations and: ordinances of the said • -1- 00&)--0'3-c ��� �_ • City of Chula Vista, SECOND PARTY does agree to reimburse SUB- DIVIDER 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 $470.00, • in installments, when, as, and if, the same is 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 on said portion of Second Avenue will be $1384.00 which shall be apportioned to all real property • fronting on such facilities which said frontage equals 533 lineal feet, making the cost per lineal front foot ©f approximately $2.50 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 $2.50 per lineal front foot of real property connecting-tot: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 the Westerly side of Second Avenue between a point approximately 90 feet South of the Souther- ly curb line of Davidson to a point on the Northerly curb line of Lansley Way where it intersects Second Avenue. • 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 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 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 • • -2- 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. DATED: August 1st, 1952. Subdivider CITY OF CHULA VISTA it BY l,► . Mayor Second Party ATTESTED TO: City Cler of the ity of Chula- Vista, California. .Approved as to form: City Attorney of the City of Chula Vista. • • • • -1-