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HomeMy WebLinkAboutReso 1987-12884 552 RESOLUTION NO. 12884 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JAMES S. DUBERG AND SHERYL M. DUBERG ALLOWING PROPERTY AT 4454 VISTA CORONADO DRIVE TO BE CONNECTED TO THE CITY SEWER SYSTEM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and JAMES S. DUBERG and SHERYL M. DUBERG allowing property at 4454 Vista Coronado Drive to be connected to the City sewer system dated the 7th day of January , 1987 , 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. 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 /ThOmas J. ~r/on, City J~n P. Lippitt, Director of kA/ctorney Public Works/City Engineer 0374a 553 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 20th day of January 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Nader, Moore, Cox NAYES: Council members None ABSTAIN: Counci 1 members None ABSENT: Counci lmembers Malcolm Mayor of Chula Vista City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12884 ,and that the same has not been amended or repealed. DATED City Clerk CI'IY OF CHULA VISTA CC-660 ,~4~ AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND 87 060569 JAMES S. DUBERG AND SHERYL M. DUBERG ~a ~ t/~-I/~~d~ REGARDING SEWER SERVICE AND ANNEXATION 1987 FEB -3PM 12:50 ) VERA L. LYLE 1 _ RECORDER This Agreement is hereby dated and effective this 7th day of January , 1987:, and is BY AND BETWEEN ,]AMES S. & SHERYL M. DUBERG (hereinafter referred to as "Owners" ) AND CITY OF CHULA VISTA (hereinafter referred to as "Chula Vi sta" ) RECITALS A. James S. & Sheryl M. Duberg are the owners of the property identified as Tax Assessor's Parcel #570-243-07 in the unincorporated territory adjacent to the Chula Vista boundary. Said' owners submitted written request dated December 3, 1986, to the City Engineer of Chula Vista requesting permission to connect to the City's sewer system. B. Council Policy 570-02 adopted July 5, 1983, sets forth conditions under which property beyond the City boundary may be permitted sewer service. C. Assurances required of an applicant owner under Council Policy 570-02 necessitate that such applicant owner enter into formal agreement with Chula Vista prior to making connection to the Chula Vista sewer system. COVENANTS 1. The Owners and their successors in interest hereby agree that any sewer connection between Tax Assessors Parcel #570-243-07 and the Chula Vista sewer system may be disconnected at the option of Chula Vista in the event that the Owners or their successors in interest object to annexation of said parcel to Chula Vista. The Owners and their successors in interest agree to pay in full the cost of any disconnection from sewer of the subject property. 2. The cost of any sewer facility constructed to serve the subject property shall be borne in total by the Owners. All facilities so constructed shall be built in conformity with City standards and shall to the extent determined by the City Engineer be dedicated to the City for public sewer purposes. CAT. NO. NN00627 To ,9.. cA 19 ~ J TICOR TITLE INSURANCE (Individual) STATE OF CALIFORNIA COUNTYOF ~/~ bl~ ~ S~. On ~.flO. r~OO.~ '7, lq ~7 before me, the undersigned,,a Notary Public in and for said State, personally appeared J/gtg~; personally known to me or proved to me on the basis of satisfactory evidence to be the person~__ whose name ~ subscribed to the within instrument and acknowledged tha~ exe- cuted the same. WITNESS my hand anted official seal· 551 3. The Owners shall pay all applicable charges related to connecting to sewer as levied by Chula Vista. In addition, the Owners shall pay a sewer capacity charge to the City which is equivalent to the prevalent sewer capacity charge imposed by the Spring Valley Sanitation District or $1,000 per Equivalent Dwelling Unit, whichever is greater. 4. The Owners shall pay any costs, fees or charges by any governmental agency other than Chula Vista which are relative to and/or necessitated by the proposed construction. 5. The Owners agree not to oppose any~ current or future procedures to annex their or adjacent properties to Chula Vista. 6. No construction of sewer facilities shall be undertaken unless and until written approval of that construction has been received by the City Engineer from the City of San Diego pursuant to the terms of the Sewage Disposal Agreement of 1960. 7. The Owners agree that upon connection to the Chula Vista sanitary sewer the property shall be subject to any appropriate ongoing Chula Vista sewer service charge and/or any Chula Vista sewage pumping charge as may be applicable. 8. The Owners agree to not oppose the formation of an improvement district or similar action to extend the existing sewer main northward in Vista Coronado Drive. OWNER James S. Duberg Sheryl~, Duberg ~W' CITY OF CHULA VISTA Mayor of ~/~ty-of~, Chl)q~Vista ATTEST By: ~__ , _ , ~::~/ WPC 2338E DRAWN BY T I T L E LM.G o~ REOUEST CONNECTION TO CITY SEWER SYSTEM /-2-~7 ~ ~45~ Y/ETA CORONADO DRIVE COUNCIL AGENDA STATEMENT Item 4 Meeting Date 1/20/87 ITEM TITLE: Resolution jJ?~ Approving agreement with James S. Duberg and Sheryl M. Duberg allowing property at 4454 Vista Coronado Drive to be connected to the City sewer system SUBMITTED BY: Director of Public Works/City Engineer ~ REVIEWED BY: City Managen~ (4/Sths Vote: Yes No X ) By letter dated December 3, 1986, the owner of the property at 4454 Vista Coronado Drive requested permission to connect to the City sewer system. The property is in the unincorporated area adjacent to Hidden Vista Village Subdivision. The property may be connected upon execution of an agreement between the owner and the City, according to Council Policy No. 570-02. RECOMMENDATION: That Council adopt resolution approving the agreement and authorize the Mayor to sign on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Recently Mr. James S. Duberg, owner of the property at 4454 Vista Coronado Drive (APN 570-243-07), contacted the Engineering Department regarding the possibility of connecting to the City sewer. This property is in the unincorporated area of the County. The private septic system is failing and the cost to maintain and repair this system would be in excess of $10,000.00. The nearest County-maintained sewer main is located over 2000 feet away. On the other hand, a City sewer main has been installed within an easement to the northerly boundary of Hidden Vista Village Subdivision to facilitate its logical extension in Vista Coronado Drive (See "Exhibit A"). Mr. Duberg's parcel is adjacent to this boundary and can be easily connected to the existing sewer. In accordance with Council Policy No. 570-02, if he is allowed to connect to the sewer system, Mr. Duberg will enter into an agreement with the City which provides the following: 1. The sewer may be disconnected in the event that the owner or his successors in interest oppose annexation of the individual property to the City. 2. The owner shall bear the full cost of any sewer construction necessary to serve his property. Page 2, Item 4 Meeting Oate-T-/~-/l)T 3. The owner shall pay all applicable sewer connection fees and/or assessments. 4. The owner agrees to pay all ongoing sewer service charges. 5. The owner and successors shall not oppose the formation of any improvement district or similar action to extend the sewer main in Vista Coronado Drive. He has executed his portion of the agreement, which is submitted for approval by Council. A transparency is available for Council viewing. FISCAL IMPACT: None DA:nr/LY-086 WPC 2524E JAMES December 3, 1986 Mr. John Lippett City Engineer City of Chula Vista 276 Fourth Avenue Chula Vista, ~ 92010 Re: Request to connect to City sewer system 4454 Vista Coronado Drive Dear Mr. Lippett: My family and I reside at 4454 Vista Coronado Drive. Our house in located in the Lynnwood Hills subdivision at the souther~ost end of Vista Coronado Drive. The property falls within an unincor~rated area of the County. The southern bo~dary of our property is contiguous to the city limits of Chula Vista. I have enclosed a rough sketch showing the location of our property and the sewer line. Our house is connected to a septic tank/cess~ol system which is a~ut forty years old. The system is very close to failure, notwithstanding proof maintenance and expensive repair efforts. At this ~int, there are three courses of action available to us. We could install a new septic tank and cess~ol at a cost approaching $10,000. We could connect to the closest County sewer system, which is over 2000 feet away, at a cost in excess of $10,000. The third course of action, which is the one we have chosen to pursue, is to attempt to obtain permission from the City of Chula Vista to connect to the City sewer system. The City sewer main is located at the foot of Vista Coronado Drive just thirty or forty feet from our property line. I understand that connection to the City sewer by pro~rties located outside City limits is permitted under certain circumstances by City Policy No. 570-02, which was adopted pursuant to Resolution 11308. I believe our situation and our property falls within the criteria set forth in the ~licy and resolution. u~n issuance of a sewer connection permit, we agree to pay applicable charges as levied by the City of Chula Vista and any other gover~ent agencies. We agree to abide by all city standards and inspection procedures. We intend to have the Page Two Mr. John Lippett December 3, 1986 lateral installed and the connection made by a licensed contractor. We further agree not to oppose annexation of our property to the City of Chula Vista. Once connected, we agree to pay ongoing sewer service charges. Please accept this letter as a formal request to connect the above-referenced property to the City sewer system. Do not hesitate to call me for further discussion or information. Sincerely, James S. Duberg '~ JSD:smd