HomeMy WebLinkAboutReso 1952-1373 , •
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RESOLUTION NO, , 1373
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CONTRACT 'BETWEEN
JAMES W. REID AND JULIE S. WEIKEL AND THE
CITY OF CHULA VISTA PROVIDING FOR REIltURSE-
, MSNT FOR A PORTION.OF THE COSTS OF INSTALLA-
' TIM OF CERTAIN LATERALS
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THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HERE*
BY RESOLVE AS FOLLOWS:
That certain agreement between JAMES W. REID and
JULIE S. WEIKEL, and the CITY OF CHULA VISTA, dated
November 1st, 19321 a copy of which is attached here*
to, and incorporated herein, the same as though fully '
set forth herein, be, and the same is, hereby approved.
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA; this 1 2th dv of November .,19 5 2
by the following vote,. to-4tt
A/ES: COi NCI imEN Hobel,� Logan, Halferty
NAYS; COUNCILMEN None .
ABSENT: COUNOIN Riesland;' DeWolfe
,Pro-term,py 611 the City of"Chula Vise.
ATTEST: 4,1
er
Deputy .:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) as.
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 sate has not been amended or
repealed.
DATED:
City Clerk
by
Deputy
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CONTRACT TRACT BETWEEN SUBDIVID?ER AND THE CITY
OF -CHUT=i V i S': PROVIDING FOR REIMBURSEMENT
TO SUBDIVIDER OF WESLEY PARK UNIT NO. 2
FORA PORTION OF THE COSTS OF INSTALLATION
OF CERTAIN SEWER LATERALS
Whereas, JAMES W. REID and JULIE S. WEIKEL, hereinafter
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sometimes referred to as SUBDIVIDER, intends to create a sub-
division of land in the City of Chula Vista to be known as
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WESLEY PARK UNIT NO. 2; and
Whereas an Ordinance of the City of Chula Vista requires
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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 Montebello Street in said subdivision from Second
• Avenue westerly, a distance of approximately 515.77 feet.
Whereas it appears that such sewer lateral can be or will
be used in the disposal of sewage from property not in said
• subdivision, but which abutt said IMTontebello Street in said
subdivision, and that 425 feet of property not in said sub-
- division can be served by said sewer lateral; and
Whereas the total cost of said sewer lateral will be
• : $2076.56 of which the sum of ;;1061.52 should be apportioned to
• the real property in said subdivision which will be served there-
... by and the sum of $1015.00 should be apportioned to real property
not in said subdivision which can be served thereby;
NOW THEREFORE, WITNESSETH THIS AGREEMENT between the SUB-
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DIVIDER and the CITY OF CHULA VISTA., SECOND PARTY:
FIRST: In consideration of the installation of sewer
laterals and other facilities on said portions of Montebello
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-
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• 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
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\7. of $1015.00, in installments, when, as, and if, the same is
collected from persons owning real property not in subdivision
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of Subdivider who actually use the said sewer laterals and other
sewer facilities.
• SECOND: The total cost of the installation of said sewer
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• • laterals and other facilities on said portion of Montebello
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Street will be $2076.52 which shall be apportioned to all real
property fronting on such facilities which •said frontage equals
$69 feet, making the cost per lineal front foot of $2.39 .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 $2.39 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 or 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 Montebello
Street which lies contiguous with said subdivision.
Second Party shall not be liable for any failure to make
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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-
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• • with by the Finance Officer to the said Subdivider, their successors
or 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
interest.
SIXTH: Second Party shall in no case be liable in damages
' . or at law or otherwise to Subdivider for failure, neglect, or
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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
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front foot made hereunder shall belong to Second Party and shall
be collected and deposited in the sewer fund of Second Party.
DATED: November 1st, 1952.
. (e),01,152.2_,
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I Subdivider
• CITY OF CHULA VISTA
BY Ike,„ Di .2
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•trm Mayor,Second Party
ATTESTED TO:
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Ci Clerk of th, City of
• • Chula Vista, California
Approved as to form: •
CIZALLt
uity Attorney of the ity
• of Chula Vista.
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