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Home My WebLink AboutReso 1974-7177 Form No. 342 Rev. 9-71 ~;/r RESOLUTION NO. 7177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DEAN B. BUTTERFIELD WAIVING RIGHT OF PROTEST - ASSESSMENT DISTRICT, DRAINAGE IMPROVEMENTS AND UNDER- GROUNDING FACILITIES 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and DEAN B. BUTTERFIELD, waiving right of protest - assessment district, drainage improvements and undergrounding facilities, dated the 14th day of February , which is attached hereto and incorporated herein, fully set forth herein be, and the same is hereby 74 19 , a copy of the-8ame as though approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said agreement in the office of the San Diego County Recorder. 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 Lane F. Cole, Director of Pub Works Approved as to Ar~by +/ (Y 1>.0 /V~;v /~L_2(~~ c George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of February , 19..2!.-, by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None 3<1 --.~~~"1~r-. Q- . '222 ~ .~ ATTE.S,!'.- Ii /~, L'- Lct.dj/ // Ci ty Clerk Mayor of the City of Chula Vista e,./ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Chula Vista, California, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED , City Clerk of the City of that the above is a full, true , and that the same has not City Clerk c (( "'" 'ei' t<< '-~'L L. 1.103 y Form No. 342 Rev. 9-71 XICi;1 \ "~.,, . . - ~' , .-'. /_v__ RESOLUTION NO. 7177 RESOLUTION OF THE CITY COUNCIL Oi-- THE CITY OF CHULA VISn\., i\PPROVING AGhi:Ei,:,c,T U;~T~ir:E;'oj TIlE CITY OF ClIULA VISTA l\~JO ;)r;n; B. BUTTERFIELD HI\IVING RIGHT OF pn.oTEST .. ASSESS~1ENT DISTRICT, ;)RA INAGE I1-1PROVEMENTS AND UNDER- GROUNDING ]<'ACILITIES AND AUTHORIZING THE ~lAYOR '1'0 EXECUTE SAID AGREEMENT The Cicy Council of the Ci ty of Chula Vis ta does hereby resolve as follo~s: NON, T'lEHEFORE, BE IT RESOLVED that that certain acrreernent between THE Cr,'y OF' CHULA VISTA, a municipal corporation, and DEAN B. BUTTERFIELD, waiving right of protest - assessment district, drainage improvements and undergrounding facilities, dated the 14th day of February , 1974 , a copy of which is attached hereto and incorporated herein, thesame as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said agreement in the office of the San Diego County Recorder. 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/ Lane F. Cole Lane F. Cole, Director of Public \'larks ADOPTED AND APPROVED by VISTA, CALIFOfu,IA, this 14th day the following vote, to-w~t: --/' \. "v.)o-("; .4' ~~4.(" George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF CHULA of February , 19]4 , by Egdahl, Scott, Hobel, Hamilton, Hyde AYES: Councilmen NAYES: Councilmen None ABSENT: Councilmen None /s/ Thomas D. Hamilton, Jr. Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STATE OF C~~IFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, JENNIE M. FULASZ , City Clerk of the City of Chula Vista, Cal~forn~a, DO HEREBY CEETIFY that the above is a full, t:::-ue and correctc9PY of Resolution No. 7177 , and that the same has not been amended or repealed. DATED February 14, 1974 " ( I X~z,~/ ~l~ . C~ty Clerk AZ 7/77 ,~/ AGREEMENT Jfh ,*' '/'/ 1101 THIS AGREEMENT, made and entered into this 14th day of February , 1974, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and DEAN B. BUTTERFIELD, 755 First Avenue, Chula Vista, California 92010, herein- after called "Subdivider"; WIT N E SSE T H : WHEREAS, Subdivider, Dean B. Butterfield, has heretofore filed with the City of Chula Vista a parcel map providing for the division of land, more particularly described as follows: Being a division of land of Lot 57 of Rosebank Subdivision according to Map thereof No. 1304 filed in the Office of the County Recorder of San Diego County, State of California on January 18, 1911 WHEREAS, in order to comply with the requirements of condition No. 4 of Planning Commission Variance 73-11, approved on June 27, 1973, which is also a condition for approval of the tentative parcel map, it is necessary that an agreement be entered into between the SUBDIVIDER and CITY in which SUBDIVIDER agrees not to protest the formation of an assessment district for the improvement of the alley, construction of a public sewer, construction of a storm drain, or construction of underground facilities benefiting the site. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In the event that a program for the improvement of the alley, construction of a public sewer, construction of a storm drain, or construction of undergrounding facilities benefiting the site is initiated or proceeds from the formation of an assment district, SUB- DIVIDER, for himself and his successors and assigns, agrees not to object to the formation of such a district or levy of an assessment to defray that portion of the cost of said program attributable to DEAN B. BUTTERFIELD. 2. In consideration of the promises made herein by SUB- DIVIDER, which promises are specifically intended to bind his successors and assigns, the City Council hereby authorizes the City Engineer to approve the parcel map subject to all other conditions not hereinabove stated. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER v??tA-- of the City of 2~ DEAN B. BUTT ATTEST' '/'n7I.c~ /;/'-h,,-/czr " Clty Clerk 74=045921 fiLE/PAGE NO. BOOK 1914 1REC9fD~~.REQUEaT Of' ClUtfII.. VLdi {CITY CU::"K f[B Z5 \0 SO AH 'N Approved as to form by ~ 0L~~~~~ Ci~ney OFFICIAL R,i~~Q~ SAN ~~WJXm'PF. ,~ -1/ 1NO FEf