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ECORi)lNG REQUE~TEO BY
c:onie M. Fulasz, City Oerk
P. O. Box 1087
:::hula V isra, California 92012
139rj
82- 2~57JO
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AUG I 0 PH I: 27
RESOLUTION NO. 10967
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DONALD R. HEYE WAIVING THE RIGHT TO PROTEST
THE FORMATION OF A SEWER IMPROVEMENT DISTRICT
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 DONALD R. HEYE,
waiving the right to protest the formation of a sewer improvement
district
dated the 16th day of July , 19 82, 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
.~~.-;~(~~
~~~~/~,~ ,,.......--- - ~
/s/ John P. Lippitt
John P. Lippitt, City
Engineer
George D. Lindberg, City Attorney
Form 342
Rev. 7/82
NO FEE
. "v 1396
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
3rd
day of Augll~t
19 82, by the following vote, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Scott. Cox. r'1a1colm. Noore. r1cCandliss
None
Councilmen
Cot.r'lcilmen
None
Councilmen
None
Isl Gregory R. Cox
Mayor of the City of Chula Vista
ATTEST 151 Jennie M. Fu1asz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10967
,and that the some has not been amended or repealed.
DATED
August 4, 19.82
(seal)
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CC-660
JLJ 139;1
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DONALD R. HEYE
WAIVING THE RIGHT TO PROTEST THE FOR1'1ATION OF A REIMBURSE~1ENT
OR ASSESSMENT DISTRICT FOR SEWER H1PROVEMENTS TO THE OTAY
VALLEY ROAD TRIBUTARY AREA
WHEREAS, Donald R. Heye 1S the owner at 1685 Brandywine
Avenue, and;
WHEREAS, Donald R. Heye has now applied to the City of
Chula Vista for a building permit to develop its property, and;
WHEREAS, this property will contribute to the sewer prob-
lem in the Otay Valley area, and;
WHEREAS, the City intends to form either a reimbursement
or an assessment district to provide adequate se',ver capacity
to serve this area,
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE TO THE FOLLOWING:
1. Donald R. Heye agrees on his own behalf and on behalf of
his successors in interest to the property at 1685 Brandywine
Avenue to waive the right to protest the formation of any
reimbursement district or assessment district formed for
the purpose of providing adequate sewer capacity to the
Otay Valley Road tributary area.
2. The City of Chula Vista agrees to issue a building permit to
Donald R. Heye for the development of the property at 1685
Brandywine Avenue.
Dated : _II,,-~<<-~ '(_t;1~;J./
/1 ~~
, Mayor
Vista
Date7~/S; /28'2-
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Donald R. Heye
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:;PPROVED AS TO FORM BY
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STATE OF CALIFORNIA }
"COUNTY OF San Diego SS.
011 July 16, 19B2 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Donald R. Heye
"L 1398
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SAFECO
FOR NOTARY SEAL OR STAMP
and proved to me on the basis of
~ati~fa~tory eviden~e ,k~~w~
to be the person_whose name <ubscribed to the
within instrument and acknowledged that he executed the
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RESOLUTION NO. 10967
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DONALD R. HEYE WAIVING THE RIGHT TO PROTEST
THE FORMATION OF A SEWER IMPROVEMENT DISTRICT
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 DONALD R. HEYE,
waiving the right to protest the formation of a sewer improvement
district
dated the 16th day of July , 19 82, 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.
/
Approved ~~ ~~_A-
#~~;;-
Presented by
-II
ohn P. Llppitt, City
Engineer
George D. Lindberg, City Attorney
Form 342
Rev. 7/82
\.
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CHULA VISTA, CALIFORNIA, this
19 82, by the following vote, to-wit:
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
day of August
3rd
AYES: Councilmen Scott, Cox, Malcolm, Moore, McCandliss
NAYES: Councilmen None
ABSTAIN: Cooocilmen None
ABSENT: Councilmen None
M
ATTEST~~~
C/' City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10967
,and that the same has not been amended or repealed.
DATED
(seal)
City Clerk
CC-660