HomeMy WebLinkAboutReso 1952-1353 RESOLUTION NO. 1353 r.
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RESOLUTION No. 1354
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RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT
BETWEEN STAFFORD-GARDNER INC., AND THE •
CITY OF CHULA VISTA
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE
AS FOLLOWS:
That certain agreement dated the 19th day of August, 1952, between
STAFFORD-GARDNER INC., and the CITY OF CHULA VISTA, relating to the
dedication of Lot A of Kenwood Village No. 2, in consideration of
certain reimbursement of the costs of installing sewers in Halsey Street
. in Kenwood Village No. 2, a copy of said agreement being attached hereto,
and by this reference incorporated herein, is hereby approved, and the
Mayor of the City of Chula Vista is hereby authorized and directed to
execute the same for -end on behalf of the City of Chula Vista.
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 19th day of August ,1952
by the following vote, to*wit:
AXES; COUNCILMEN Hobel, Logan, De►Golfe, Halferty, Riesland
NAYS: COUNCILMEN None
ABSENT: COUNDILMEN None
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Mayor o t e i y of � a Vista
ATTEST:
er
by
Deputy Le
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 py of Resolution
No. 1354 and that the same has not been amended o' . ,
repealed.
DATED: August 19, 1952
City Clerk
by
Deputy
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AGREEMENT
Whereas, STAFFORD - GARDNER, INC., caused to be improved
that certain subdivision of real property, known as KENWOOD VILLAGE
NO 2, according to the Map thereof No 2650; and
• Whereas, the CITY OF CHULA VISTA required said real property
and subdivision to be improved with paved streets, sidewalks, curbs
and sewers; and
hi. Whereas, the CITY OF CHULA VISTA permitted STAFFORD-GARDNER INC.,
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to retain title to^Lot A of said subdivison as a means of obtaining
• contributions from abutting property owners, not in said subdivision, who
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might otherwise use said improvements at no expense to them; and
1'� ' S Whereas, the City Council determines that it is desirable that
said Lot A be conveyed to the City of Chula Vista in fee, and
• 1011;e4 ereas STAFFORD-GARDNER, INC., is willing to so dedicate
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said Lot A in consideration of the agreements herein contained;
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NOW, THEREFORE, it is hereby agreed as follows:
ONE: That STAFFORD-GARDNER INC., will forthwith convey to the
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City of Chula Vista daid Lot A in fee. •
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. TWO: The CITY OF CHULA VISTA agrees to pay to Stafford-Gardner,
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Inc. the sum of $1.90 per meal front foot of the frontage of each lot of
: .. real property con_tinguous with said^ of A which connects to the sewer
lateral in Halsey Street in said Kenwood Village No. 2, such payment to be
made from the additional connection fee which may be collected by the City
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of Chula Vista pursuant to the provisions of Sections 1 and 2 of Ordinance
• No. 405'of the City of Chula Vista. The City of Chula Vista shall not
be liable for any failure to make such collection pursuant to said
Ordinance.
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• THIRD: That all such collections of $1.96 per lineal
foot made hereunder, after Second Party deducts any cost of
collection ,shall be paid forthwith by the Finance Officer to•. • . •. . said Stafford-Gardner Inc., its successors or assigns. If •
after the expiration of two (2) years whereabouts of said
Stafford-Gardner Inc. , its successors or assigns, are unknown
• to said Finance Officer, and no demand is made therefor, all
sums collected and deposited to the credit of such corporation
shall be deposited in the Sewer Fundy ..., and all rights
thereto of such corporation shall terminate.
• FOURTH: No charge made or collected hereunder shall bear
• interest.
FIFTH: The City of Chula Vista 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 here-
in mentioned or to reimburse subdivider as herein provided.
h`09. III'S
• SIXTH: Fivc (T) 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 the City of Chula
Vista and shall be collected and deposited in the sewer fund of
the City of Chula Vista.
. . DATED: June 30th, 1952.
STAFFORD-GARDNER INC.
By
CITY OF CHUIlt VISTA
ATTESTED TO: By �
Mayor -Secon. Party
dr
• Citt C erk
Approved as to form:
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