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HomeMy WebLinkAboutReso 1952-1353 RESOLUTION NO. 1353 r. ih r. RESOLUTION No. 1354 F 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. 7 �• r e {4► • 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 „fit �v /111 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 , repealed.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 • 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., - 4 aao 4'asa c to retain title to^Lot A of said subdivison as a means of obtaining • contributions from abutting property owners, not in said subdivision, who • 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 • • said Lot A in consideration of the agreements herein contained; • NOW, THEREFORE, it is hereby agreed as follows: ONE: That STAFFORD-GARDNER INC., will forthwith convey to the al , City of Chula Vista daid Lot A in fee. • • . TWO: The CITY OF CHULA VISTA agrees to pay to Stafford-Gardner, • 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 • 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. -1- �i. • / • 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: wifr %y attorney -2-