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Home My WebLink AboutReso 1949-1024-A RESOLUTION NO. 1024-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING .CONTRACT BETWEEN EL REY INVESTMENT CO. AND THE . CITY OF CHULA VISTA PROVIDING FOR REIM- BURSEMENT FOR A PORTION OF THE COSTS OF INSTALLATION OF CERTAIN LATERALS. THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: ' That' certain agreement between EL REY INVESTMENT CO. , a California Corporation, and the CITY OF CHULA VISTA, dated April 30th, 1949, a copy of which is attached hereto, •and incorporated herein, the same as though fully set forth herein, be, and the same is, hereby approved. SECTION -2: That LORENZ C. KOESTER, Mayor .of the City of Chula Vista, be, and he is hereby, authorized and directed to execute the same for and upon behalf of the said City. ADOPTED, SIGNED AND -APPROVED this 10th day of May, 1949. Mayor of the ty of Chula Vista, Ca ifornia. ATTEST: y Clerk of t "-"C'4 y of Chula Vista, California. r- STATE OF 'CALIFORNIA) COUNTY OF SAN DIEGO) ss. • CITY OF CHULA VISTA) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the foregoing Resolu- tion was duly adopted by the City Council of said City and was approved by the City Council of said City and was approved by the Mayor of said City at a regular meeting of said Council -1-- . held on .the 10th day of May, 1949, and that it was so adopted by the following votes: AYES: Councilmen Riesland,Nashold,Dyson,Kidder,Koester. NOES: Councilmen None ABSENT: Councilmen None 2103.1- Ahr .14111116/KAINIP:- - • i "y Clerk of the i ' of Chula Vista, California. STATE OF CALIFORNIA) `COUNTY OF SALT DIEGO) ss. CITY OF CHULA VISTA) I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista , California, DO HEREBY CERTIFY that the above and aforegoing is a full, true and correct copy of Resolution No. 1024, and that the same has not been amended or repealed. DATED: May 10th, 1919. • City Clerk of the City of Chula Vista, California. • • • -2- • • CONTRACT BETWEEN SUBDIVIDER AND THE CITY OF CHULA VISTA PROVIDING FOR, REIMBURSEMENT TO SUBDIVIDER FOR A PORTION OF THE COSTS OF-INSTALLATION OF CERTAIN SEWER LATERALS- Whereas, EL REY INVESTMENT CO. , a California Corporation, hereinafter sometimes referred to as SUBDIVIDER, intends to create a subdivision of land in the City of Chula Vista to be known as EL REY TERRACE; and Whereas an Ordinance of the City of Chula Vista requires 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 on Landis Avenue from a point at or near the inter- • section of the northerly curb-line of "E" Street with said Landis Avenue approximately 920 feet northerly along said Landis Avenue; on Garrett Avenue from a point at or near the inter- : . section of the northerly curb-line of "E" Street with said Garrett Avenue approximately 920 feet northerly along said • Garrett Avenue; On Third Avenue from a point approximately 630 • feet northerly of the intersection of the northerly curb-line of "E" ,Street with said Third Avenue approximately 300 feet northerly along said .Third Avenue; and Whereas. it appears that such sewer laterals can .be or will be used in the disposal of sewage from property not in said subdivision; and Whereas on said portion of Landis Avenue said subdivider will install laterals that will or can service 161$.75 front feet of real property fronting on said Landis Avenue of which • • 62$.75 lineal front feet are not in said subdivision at a total • cost of 43,666.0$ or a cost of $2.Z6 per lineal front foot which will be or can be serviced thereby; and -1- 00L16) 006 • Whereas on said portion of Garrett Avenue said sub- divider will install laterals that will or can service 1762•34 :" front feet of real property fronting on said Garrett Avenue of which 1100 lineal front feet are not in said subdivision ' at a total cost of $3343.2$ or a cost of $1.89 per lineal front foot which will be or can be serviced thereby; and Whereas on said portion of Third Avenue said subdivider will install laterals that will or can service 1229.90 front feet of real property fronting on said Third Avenue of which . 662 lineal front feet are not in said subdivision at a total cost of $1328.30 or a cost of $2.01 per lineal front foot which will or can be serviced thereby; NOW THEREFORE, WITNESSETH THIS AGREEMENT between the SUB- 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 Landis• Avenue, Garrett Avenue and Third Avenue 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 reimburse 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 of $4174.90, in installments, - when, as, and if the same is collected from persons owning real ,,. property not in subdivisions of SUBDIVIDER who actually use the same. SECOND: The total cost of the installation of said sewer laterals and other facilities on said portion of Landis Avenue will be $3666.08 which shall be apportioned to all real property fronting on such facilities which said frontage equals 1618.75 lineal feet, making the cost per lienal front foot of $2.26 which is hereby declared by SECOND PARTY to be a reasonable charge -2- • • for the use of such facilities. • THIRD: The total cost of the installation of said sewer laterals and other facilities on said portion of Garrett Avenue will be $3343.28 which shall be apportioned to all real property • fronting on such facilities which said frontage equals 1762.34 lineal feet, making the cost per lineal front foot of $l.$9 • • which is hereby declared by SECOND PARTY to be a reasonable charge for the use of such facilities. FOURTH: The total cost of the installation of said sewer • laterals and other facilities on said portion of Third Avenue • • will be $1328.30 which shall be apportioned to all real property • • • fronting on such facilities which said frontage equals 662 lineal feet, making the cost per lineal front foot of $2.01 which is hereby declared by SECOND PARTY to be a reasonable charge for the use of such facilities. FIFTH: • Second party agrees to charge to any person owning, occupying or using real property not in subdivision of SUBDIVIDER a connection fee equal to the following: Lots 31 and 26 of Quarter Section 136 of Chula Vista according to Map thereof No. 505 on file in the County Recorders Office of San Diego County, California, connect- ing on said sewer pipe in Landis Avenue $2.26 per • lineal front foot. Lots 24, 25, 32 and 31 of Quarter Section • 136 of Chula Vista according to Map there- of No. 505 on file in the County Recorders Office of San Diego County, California, Connecting on said sewer pipe in Garrett. Avenue 1.$9 per lineal front foot. • Lots 22 of Quarter Section 136 of'Chula Vista according to Map thereof No 505 on • file in the County Recorders Office of San Diego County, California, connecting on said sewer pipe in Third Avenue $2.01 per lineal front foot. in addition to any other fees required by law or Ordinance to • be paid to the said City for the privilege of connecting on to or using such laterals or other facilities at the time of such connection; but SECOND PARTY shall not be liable for any failure -3- • to make such collection. • • SIXTH: That all such collections made hereunder shall, • • after SECOND PARTY deducts any costs of collection, shall be • • paid forthwith by the City Treasurer to the .said SUBDIVIDER, • its successor or assigns. If after the expiration of two (2) years the whereabouts of the officers of said SUBDIVIDER or its successor or assigns, is unknown to said City Treasurer, • 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 thereto of such . persons shall terminate. • In furtherance of the provisions of this agreement SUB- . . , DIVIDER, and each of them, agree with SECOND PARTY to keep on file with the City Treasurer his correct mailing address. SEVENTH: No charge made or collected hereunder shall bear interest. • • EIGHTH: SECOND PARTY shall in no case be liable in damages • • or otherwise to SUBDIVIDER for failure, neglect, or inability for any reason to collect any charges herein mentioned or to re- . . , imburse SUBDIVIDER as herein 'provided or for errors in the propor- tionate disbursement thereof. • NINTH: Five 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 SECOND PARTY and shall be collected and deposited in the sewer fund of SECOND PARTY. rti DATED: April 30 1949. • EL RE INVESTMENT CO. JP/� / by e /_ii_i Pr Z/51ir.,_ t. —.="" - by I ' Secretar • SUBDIVIDD • ATT TAD TO: CITY 0. ULA VISTA • i�t'/� / 1cs�'.I by / ,r . ice'% _ City Clerk of the ity of ",layor , Chula Vista, California. ECOND PARTY