HomeMy WebLinkAboutReso 1980-10406
o ty""- ()
.1:V.L.l.ll. l,.'lV. -''''1:'''
, Rev; 2/76,
RESOLUTION NO.
10406
RESOLUTION ,OF' THE' CITY' COUNCIL-:OP""THE'TPrY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND JERRY MILBURN, OWNER pF PROPERTY AT 3966 PALM
DRIVE IN THE COUNTY OF SAN DIEGO, TO ALLOIv FOR CONNECTION
TO AND USE OF PUBLIC SEWER FACILITIES IN CHULA VISTA
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 agr~ement ,
?et~en THE CITY OF CHULA VISTA, a municipal corporation, and'
JERRY MILBURN, owner of property at 3966 Palm Drive in the County of
'San Diego, to allow for connection to and use of public sewer facili-
ties in the City of Chula Vista
dated the 24th day of February , 1981
which is attached hereto and incorporated herein,
fully set forth herein be, and the same is hereby
, a copy of
the same as though
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
fJ--
Jo'hn P. Lippitt; Ci,{yl'Engineer
~J -,
.7~~
~~~
George D. Lindberg, City Atto~ney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 3rd day .of. March 19~, .by
AYES: Councilmen Scott, Hyde, Cox, ~1cCandliss
NAYES: Councilmen' None
ABSENT: Counci lmen Gi110w
Mayor of the City of Chula Vista
ATTEST
City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 5S.
CITY OF CHULA VISTA)
, City Clerk of the City
that the above is a full,
, and that the same has
I,
of Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATED
City Clerk
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND JERRY MILBURN, OWNER OF PROPERTY AT
3966 PALM DRIVE LOCATED IN THE COUNTY
OF SAN DIEGO TO ALLOW FOR CONNECTION TO
AND USE OF PUBLIC SEWER FACILITIES IN
THE CITY OF CHULA VISTA
c P,(.'5\.
,~ u
THIS AGREB1ENT, made and entered into this 24th day
February , 1981, by and between the CITY OF CHULA VISTA,
municipal corporation, hereinafter called "City", and JERRY
MILBURN, 1080 Los Pinos Court, Chula Vista, California 92011
hereinafter called "Owner";
of
a
WIT N E SSE T H :
\~EREAS, Owner has commenced annexation proceedings of
property located at 3966 Palm Drive in the County of San Diego to
the City of Chula Vista, and
WHEREAS, Owner now desires to extend the sewer main in
the City of Chula Vista approximately 150 L.F. to serve his
property prior to the completion of the proposed annexation, and
WHEREAS, the City is agreeable to permitting said
connection to the sewer system prior to completion of said
annexation subject to the terms and conditions set forth in this
agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. City agrees to allow Owner to immediately connect to
the existing public sewer main in the City of Chula Vista for
service to property located in the unincorporated area at 3966
Palm Drive.
2. Owner agrees to be solely responsible for the cost
of:
a. plans for sewer main extension (approximately 150
L.F. to serve his property) prepared by a registered
civil engineer and approved by the City Engineer,
b. installing said sewer extension by an engineering
contractor,
c. installation of his private sewer lateral
(approximately 400 L.F.).
3. Owner agrees to secure the necessary permits required
by the Chula Vista Municipal Code and to pay all appropriate sewer
connection fees and to pay ongoing sewer service charges to the
City of Chula Vista in accordance with the provisions of its
prevailing Master Fee Schedule. Sewer service charges may be
billed directly to the Owner or added to water billings and
rendered by the Sweetwater Authority, whichever method is deemed
most feasible by the City Engineer.
4. Owner agrees that the characteristics of the sewage
discharged to public sewer from the Owner's site shall conform to
the Chula Vista Municipal Code.
5. Owner agrees that all work involved in making
connection to the public sewer shall be performed in accordance
with the standards of the City and subject to inspection by the
Building and Engineering Departments of the City.
/0<-[0(0
-1-
,4 _/ IJ F-1fJ ~
6. It is mutually understood and agreed that should the
Owner withdraw his application for annexation to the City, said
sewer connection(s) may be removed, and flow from the premises
into the Chula Vista public sewer terminated.
7. It is mutually agreed that failure by the Owner to
pay appropriate sewer service charges shall be considered adequate
justification for disconnection from the public sewer. Discon-
nection may be undertaken by the City five days following Owner's
receipt of written notice that his sewer service payments are in
arrears. Such notice may be sent no sonner than 30 days following
routine billing as described in Item #3.
8. Owner agrees to pay in full the cost of any discon-
nection required or permitted under this agreement. Said cost of
disconnection shall be determined .by the City Engineer of the City
of Chula Vista and shall be due and payable at the time of said
disconnection.
IN WITNESS \VHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA
OWNER:
k)~ r-:-(~~
Mayor of the City of hu a //
Vi"~ ( /
ATTEST Z-nr_~/ !3?~~~
. City Clerk . t1
Approved as to form by
~ /?/~---)
~erry Milburn
TO 1944 CA (tJ.74l
(Individual)
v
t
STATE OF CALIFORNIA
COUNTY OF Sq,., .z?/~~'& } 55.
On &-dc-r_",....-,j ""'g ./Zrl' b f
State, pcrsonalJy appeared .,r/~""7 ,j;-/, /I ;::;~c, the ~derSigned, a Notary Public in and for .said
~ ----
!!iJ TITLE INSURANCE
AND TRUST
ATICORCOMPANY
w
..
w
I
w
.J
a
<
~
m
---
(
to b ' known 10 me
e the person______whose name /" :,-- .
I th '" subscribed
o e wJthm Inslrument and acknowledged thaL.A~
executed the same.
WITN ESS my hand and official seal.
~
.......... ~"\~
OFFICIAL SEAL" .,
.
DUANE M. HUG~IF.S .;
NOTARY PUBLIC. CALIfORNIA ._
PRINCIPAL OFFICE IN ;~.
SAN OIEGO COUNTY ~.
My Commlsslon"Expires March 23 1982 ~,
....~'v.v..\,n..'\N\,.~~~r.;:',
276. 4th Ave. P. O. Box 1087. Chul, Vist,. CA. 92011
Q)~
!f, -. ..
'f."@ . :
. ..
. ~ro..' .
Signature~~.
(This area for official notarial seal)
-2-
';OlfDCo