HomeMy WebLinkAboutReso 1949-1030 RESOLUTION NO. 1030 ' . .
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RESOLUTION NO,].P3Q4 '41
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING'CONTRACT
BETWEEN ARTHUR D. UECKER AND FERN D.
UECKER AND THE CITY OF CHULA VISTA
•fliOVIDING FOR REIMBURSEMENT FOR A POR.
TION OF THE COSTS OF INSTALLATION OF
CERTAIN LATERALS.
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THE CITY COUNCIL OF THE CITY OF CHULA VISTA$ DOES HEREBY
RESOLVE AS FOLLOWSg
SECTION 1. That certain agreement between ARTHUR, D.
UECKER and FERN D. UECKER, subdivider, and the CITY OF CHULA
VISTA, Second Party, dated May 31, 1949, a copy of which is
attached hereto, and incorporated herein, the same as. though
fully set forth at length, 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 City of Chula
Vista,
ADOPTED, SIGNED AND APPROVED this .7'th':, day of rw4eo 1949.
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s Lorenz C. Koester '
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.!-yor of toe ity o hula tista,
California.
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ATTESTS
Js/ Herbert V. :Bryant,. ' .
City Clerk of the city of
Chula Vista, California*
STATE OF 'CALIFORNIA CALIFORNIA)
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COUNTY OF SAN' DIEGO , ssip
CITY OF CHULA VISTA
I , HERBERT V. BRYANT, City Clerk of the City of Chula .
Vista, California, DO HEREBY CERTIFY that the foregoing
Resolution was duly adopted by the City Council of said City
and was approved by the City Council of said City and was
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adjourned
approved by the Mayor of said City at a regular/meeting of
said Council held on the 'itmu day of "tule. 1949, and that it
was so adopted by the following votes:
AYES: Councilmen zie alagazasho44,p.vison,Icid de;tKo es te r.
NOES: Councilmen pone, ,
ABSENT: Councilmen yojae,
_Ls/ Eerbert V. Bryant
City Clerk of the City of
Chula Vista, California*
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 above and afore.
going is a full, true and correct copy of Resolution No. 3.03o.
and that the same has pot been amended or repealed*
DATED: YlIne9tIv;., 1949
trii–C-rei=k3riTgorry0 -4–
Chula Vista, California.
.2.
CONTRACT BETWEEN SUBDIVIDER AND THE CITY
OF CHULA VISTA PROVIDING FOR REIIvtBURSEMENT •
TO SUBDIVIDER FOR A PORTION OF THE COSTS
OF INSTALLATION OF CERTAIN SEWER LATERALS.
Whereas ARTHUR D. UECKER and FERN D. DECKER, herein-
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after sometimes referred to as SUBDIVIDER, intends to form
subdivisions of land in the City of Chula Vista to be known
as UECKER SUBDIVISION, UNIT NO. 1 and 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 and
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other sewer facilities be constructed on E Street from the
intersection of the center line of First Avenue and the center -
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line of E Street thence Southwesterly along the center line
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• of E Street to a point 450 feet northeasterly from the inter-
section of the center line of E Street and Second Avenue; and
On F Street from a point 12 feet North of the intersection of
the Center line of First Avenue and F Street 1320 feet more
or less to the existing manhole 12 feet north of the intersection
of the center line of Second Avenue and F Street; and
• Whereas it appears that such sewer laterals can be or will „
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be used in the disposal of sewage from property not in said
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sub-division; and
• Whereas on said portion of E Street said subdivider will
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• install laterals that will or can service 1720 front feet of
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real property fronting on said E Street of which 1120 lineal
front feet are not in said subdivision; and
Whereas on said portion of F Street said subdivider will
install laterals that will or can service 2415 front feet of
• • real property fronting on said F Street of which 1795 lineal
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front feet are not. in said subdivision;
NOW, THEREFORE, WITNESSETH THIS AGREEMENT between_ the
SUBDIVIDER and the City of Chula Vista, SECOND PARTY:
FIRST: In cond:ideration of the installation of sewer
laterals and other facilities on said portion .:of E Street
and F 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 reimburse SUBDIVIDER for a portion of 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 $5830.00, in install-
ments, when, as, and if the same is collected from persons
owning real property not in subdivisions of SUBDIVIDER who
actually use the same.
SECOND: That the City of Chula Vista declares $2.00 per,
front foot to be a reasonable charge to impose-: and collect
from any person using such laterals or other facilities on
E Street or F Street for the disposal of sewage from property
hereinafter described not within such subdivision.
THIRD: SECOND PARTY agrees to charge to any person owning,
occupying or using the following described real property which
• is not in the subdivision of SUBDIVIDER, who connects on to
said above described sewer laterals or other sewer facilities,
an extra connection fee equal to said Two ($2.00) Dollars per
• lineal front foot.
Said real property is described. as follows:
ON E STREET: The Northeasterly 240 feet of Lot 1_
of 4 Section 124 of Chula Vista,
according to the Map thereof No 505,
' filed in the County Recorder's Office
of San Diego County;
and
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Lots 21, 51 and 52 of Rosebank,
a Subdivision, according to the
Map thereof No. 1304 on file in
the County Recorder's Office of
San Diego County. •
• ON F STREET: Lots 16, 17 and 1$ of Section
124 of Chula Vista, according to
the Map thereof Np. 505, filed in
the County Reeorrder's Office of
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San•Diego County, EXCEPITING the
Westerly 145 feet of said Lot 17,
said extra connection fee shall be 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 lateals
or other facilities at the time of such connection; but SECOND
PARTY shall not be liabel for any failure to make such collection
of said extra connection fee.
FOURTH That all collections of said extra collection fee
• of $2.00 per fron foot made hereunder shall, after SECOND PARTY
• • deducts any costs of collection, be paid forthwith by the City
Treasurer to the said SUBDIVIDER, its successor or assigns.
If after the expiration of two years the whereabouts of said
SUBDIVIDER their successors or assigns, is unknown to said City
Treasurer, and no demand is made therefor within said time, 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 SUBDIVIDER,
and each of them, agree with SECOND PARTY to keep on file with
the City Treasurer his correct mailing address.
FIFTH: No charge made or collected hereunder shall bear
interest.
SIXTH; SECOND PARTY shall in no case be liable in damages
or otherwise to SUBDIVIDER for failure, neglect, or inability
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for any reason to collect any charges herein mentioned or
to reimburse SUBDIVIDER as herein provided or for errors in
the proportionate disbursement thereof.
SEVENTH: FIVE(.5) years after the date of this agreement
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any and all right of SUBDIVIDER to reimbursement shall cease,
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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.
DATED: May 31, 1949•
(111114
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SUBDIVIDER
CITY OF i/cA VISTA
by :Ls� C
or
ECOND PARTY
ATTE T . TO: . :OF
ity Clerk of the it of
Chula Vista, California.
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