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HomeMy WebLinkAboutReso 1990-15519 RESOLUTION NO. 1551 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WHEREIN THE DEVELOPER WAIVES THE RIGHT TO PROTEST THE FORMATION OF AN ASSESSMENT OR IMPROVEMENT DISTRICT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN SPRUCE ROAD AND SYCAMORE DRIVE OR AN OVEPJ~LL DISTRICT FOR STREET IMPROVEMENTS IN THE WOODLAWN PARK AREA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, as a condition of approval of the Tentative Parcel Map 87-1, the owner was required to enter into an agreement to waive the right to protest the formation of an assessment district for the construction of street improvements in the Woodlawn Park area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between the City of Chula Vista and Antonio and Enriqueta Bernal and Ruben and Delfina Hurtado, owner/ developer of Tentative Parcel Map 87-1, waiving the right to protest the formation of any assessment district for the construction of street improvements in Spruce Road and Sycamore Drive or an overall district for street improvements in the Woodlawn Park area, 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 Resolution No. 15519 Page 2 - PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of February, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Malcolm, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~y ~. Cox~ y 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. 15519 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 20th day of February, 1990. Executed this 20th day of February, 1990. Resolution No. 15519 Page 3 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OWNER/DEVELOPER OF TENTATIVE PARCEL MAP 87-1 WAIVING THE RIGHT TO PROTEST THE FORMATION OF ANY ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN SPRUCE ROAD AND SYCAMORE DRIVE OR AN OVERALL DISTRICT FOR STREET IMPROVEMENTS IN THE WOODLAWN PARK AREA / THIS AGREEMENT, made and entered into this .<l/r~ day of TI~t,~\'~(~I~ , 1990, by and between THE CITY OF CHULA V~STA, a municipal 'c0r~oration, hereinafter called "CITY", and ANTONIO and ENRIQUETA BERNAL and RUBEN and DELFINA HURTADO, hereinafter called "PROPERTY OWNERS"; WITNESSETH: WHEREAS, Antonio and Enriqueta Bernal and Ruben and Delfina Hurtado are the owners of property designated as Tentative Parcel Map for Chula Vista Tract 87-1, 148 Spruce Road, and WHEREAS, a condition of the Tentative Parcel Map authorizing the subdivision of said property is that Property Owners shall waive their right to protest the formation of an assessment district for the construction of street improvements in Spruce Road and Sycamore 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 Owners agree on their behalf and on the behalf of their successors in interest to that property described as Tentative Parcel Map for Chula Vista Tract 87-1, 148 Spruce Road, 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 Spruce Road and Sycamore Drive or an overall district for street improvements in the Woodlawn Park area. 2. The City of Chula Vista agrees that Property Owners have satisfied the condition of approval of Tentative Parcel Map for Chula Vista Tract 87-1, 148 Spruce Road, relating to the formation of a reimbursement district formed for the construction of street improvements in Spruce Road and Sycamore 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. -1- Reselution No. 15519 Page 4 THE CITY OF CHULA VISTA PROPERTY OWNERS: ANTONIO T. BERMAL yor ~ / t f ~la Vista n~tzoY~n'io ~J. 1' ATTEST Ci~ Cl~rk ENRIQUETA BERNAL Approved as to form by Enrique~l b~ ~ RUBEN D. Ric ard Rud ~ Assis ant ity tA_~rney Ruben N. Hurtado DELFINA L. HURTADO Delfina L. 6799a -2-