HomeMy WebLinkAboutReso 1990-15492 RESOLUTION NO. 15492
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH T. W. GENTRY, INC. WAIVING
THE RIGHT TO PROTEST THE FORMATION OF ANY ASSESSMENT
DISTRICT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON
WALNUT DRIVE AND ORANGE AVENUE OR AN OVERALL DISTRICT FOR
STREET IMPROVEMENTS IN THE WOODLAWN PARK AREA AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, on February 3, 1989, the Public Works and Planning
Departments approved Tentative Parcel Map 89-8 which involves the division of
one lot in Woodlawn Park located between Orange Avenue and Walnut Drive into
four parcels, and
WHEREAS, among the conditions of approval was the requirement that
the developer enter into an agreement to not protest the formation of an
assessment district for the construction of street improvements, and
WHEREAS, the developer has executed the attached agreement to
comply with this requirement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve an agreement with T. W. Gentry, Inc. waiving
the right to protest the formation of any assessment district for the
construction of street improvements in Walnut Drive and Orange Drive or an
overall district for street improvements in the Woodlawn Park area, dated the
6th day of February, 1990, a copy of which is attached hereto and incorporated
herein by reference as if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
be, and he is hereby authorized and directed to execute said agreement for and
on behalf of the City of Chula Vista.
Presented by Approved as to form by
Assistant City Attorn~
Resolution No. 15492
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of February, 1990 by the following vote:
AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
cox,'
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15492 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 6th day of
February, 1990.
Executed this 6th day of February, 1990.
Be , u
Resolution No. 15492
Page 3
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
OWNER/DEVELOPER OF TENTATIVE PARCEL MAP 89-8
WAIVING THE RIGHT TO PROTEST THE FORMATION OF
ANY ASSESSMENT DISTRICT FOR THE CONSTRUCTION
OF STREET IMPROVEMENTS IN WALNUT DRIVE AND
ORANGE DRIVE OR AN OVERALL DISTRICT FOR STREET
IMPROVEMENTS IN THE WOODLAWN PARK AREA
THIS AGREEMENT, made and entered into this 6th day
of February , 1990, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "CITY", and T. W.
GENTRY INC., 2941 Degan Drive, Bonita, California 92002,
hereinafter called "PROPERTY OWNER";
WITNESSETH:
WHEREAS, T. W. Gentry Inc., is the owner of property
designated as Tentative Parcel Map for Chula Vista Tract 89-8,
110 Orange Drive, and
WHEREAS, a condition of the Tentative Parcel Map
authorizing the subdivision of said property is that Property
Owner shall waive its right to protest the formation of an
assessment district for the construction of street improvements
in Walnut Drive and Orange Drive or an overall district for
street improvements in the Woodlawn Park area.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Property Owner agrees on its behalf and on the
behalf of its successors in interest to that property described
as Tentative Parcel Map for Chula Vista Tract 89-8, 110 Orange
Drive, in the City of Chula Vista, California to waive the right
to protest the formation of an assessment district formed for the
construction of street improvements in Walnut Drive and Orange
Drive or an overall district for street improvements in the
Woodlawn Park area.
2. The City of Chula Vista agrees that Property Owner
has satisfied the condition of approval of Tentative Parcel Map
for Chula Vista Tract 89-8, 110 Orange Drive, relating to the
formation of a reimbursement district formed for the construction
of street improvements in Walnut Drive and Orange Drive or an
overall district for street improvements in the Woodlawn Park
area.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
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Resolution No.' 15492
Page 4
THE CITY OF CHULA VISTA PROPERTY OWNER
T. W. Gentry, Inc.
Mayor o e~ of C~hul~ Vista Thomas W. Gentry,
, , President
ATTEST ',~'CC~!j ~ '[, ~ ,~L ,F /'
C~ C~erk ~
Appro~ed as to ~or~ by
Assistant City iftto~rey
6776a
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