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HomeMy WebLinkAboutReso 1986-12759 962 RESOLUTION NO. 12759 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LEORA DUBERG ALLOWING PROPERTY AT 4455 VISTA CORONADO DRIVE TO BE CONNECTED TO 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 LEORA DUBERG, allowing property at 4455 Vista Coronado Drive to be connected to the City sewer system dated the 7th day of October , 198 6, 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 · · ' r ~)~omas J./~rron, City ~neer ~-J/Attorney !/ 0374a 963 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th d~y of. OctobeT 19 86 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Campbell NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers Malcolm y~ o~/the City of Chula Vista ATTEST 2,Z~_.. /'/ city Clerk xO STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, California, DO HEREBY CERTIFY that the above ond foregoing is o full, true ond correct copy of RESOLUTION NO. 12759 ,and that the some hos not been amended or repealed ,.~/'~- City Cler~ - CHU VI A CC-660 ~ ' ' AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LEORA DUBERG REGARDING SEWER SERVICE AND ANNE~TION This Agreement is hereby dated and effective this ~ day of~e~r , 1986, and is BY AND BETWEEN LEORA DUBERG (hereinafter referred to as "Owner") AND CITY OF CHULA VISTA (hereinafter referred to as "Chula V i s ta" ) RECITALS A. Leora DuDerg is the owner of property identified as Tax Assessor's Parcel ~570-242-12 in unincorporated territory adjacent to the Chula Vista boundary. Such owner submitted written request dated September 16, 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 Owner and his/her successors in interest hereby agree that any sewer connection between Tax Assessors Parcel ~570-242-12 and the Chula Vista sewer system may be disconnected at the option of Chula Vista in the event that the Owner or his/her successors in interest object to annexation of said parcel to Chula Vista. The Owner and ~is/her 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 Owner. 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. ~ ~ ~0 ~ ~2 959 3. The Owner shall pay all applicable charges related to connecting to sewer as levied by Chula Vista. In addition, the Owner 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 Owner 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 Owner agrees not to oppose any current or future procedures to annex his 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 owner agrees 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 owner agrees to not oppose the formation of an improvement district or similar action to extend the existing sewer main northward in Vista Coronado Drive. OWNER CAT, NO. NN00627 TO 1~44 ~A (9--84) 9 60 jTICOR TITLE INSURANCE (Individual) STATE OF CALIFORNIA COUNTY OF San Dieqo SS. On October 1 r 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared LEORA DUBERG sta , personally known to me or proved to me on the basis of satisfactory evidence to be the person~ whose name T,Cl subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. ~ My Comm. Ex~ira~ Feb. 2, 1990 d (This for official notarial seal) area