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HomeMy WebLinkAboutReso 1979-9758 Jefnnie M. Fulasz, City Clerk p. . fox 1Q~7 ~,~ v c~ufarruz 92012 .... - ~ • ~~`I RESOLUTION NO. 9758 RESOLUTION OF THE CITY COUNCTr, OF-~_ TT?- r°n,zt, ,^ C;U;_,~-, VITA, P.PPnJ'vING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT F. AND ANNABELLE E. KROEGER FOR PURCHASE OF AN EXISTING FORCE SEWER MAIN IN WALNUT AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Fcrm Nd. 342 Rev. 2/76 The City Council of the City of Chula Vista does hereby res lve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agr$ement bet en THE CITY OF CHULA VISTA, a municipal corporation, and ROB RT F. and ANNABELLE E. KROEGER, for purchase of an existing force sew r main in Walnut Avenue dat d the nth day of_ SPntPmhPr 19 79 a copy of whi h is attached hereto and incorporated herein, the same as though ful y set forth herein be, and the same is hereby approved. BE IT PITT?TNF'1? RySCLVLD i:i~at the city Council does hereby aut orize the payment of $2,000 from "1911 Act Revolving Fund" Project Acc unt No. 600-6000-RC-04 to Mr. and Mrs. Kroeger for the purchase of the force main sewer. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vis a be, and he is hereby authorized and directed to execute said agr ement for and on behalf of the City of Chula Vista. Presented by P Joh~ P. Lippitt, City Engineer Approved as to form by ,~ j ~~ '~ - ,~ George D. Lindberg, City At ney ADOr~i~Eli AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VIS A, CALIFORNIA, this 4th day of September , 19 79 , by AYES: Councilmen Gillow, Cox, Hvde, McCandliss, Scott NAYES: Councilmen _ None ABSE T: Councilmen None /s/ Will T, Hvde Mayor of the City of Chula Vista ATTEST /s/ Jennie M. Fulasz City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHTTr,A ~'ISTr,) of C true not I, JENNIE M. FULASZ City Clerk of the City ula Vista, California, DO HEREBY CERTIFY that the above is a full, and correct copy of Resolution No. 9758 , and that the same has een amended or repealed. ~~5~ ' b `~O 5/31/79 ~ ~ -..3~~~~ 9 ~ AGREEMENT FOR PURCHASE OF AN EXISTING FORCE MAIN SEWER MANHOLE AND APPURTENANT STRUCTURES IN WALNUT AVENUE THIS AGREEMENT, made and entered into this 4th day of September , 1979, by and between the CITY OF CHULA VISTA, a mun cipal corporation, hereinafter called "City" and ROBERT F. and ANNABELLE E. KROEGER, husband and wife, 4215 Helix del Sur, La Mesa, CA 92041, hereinafter called "Property Owners"; W I T N E S S E T H ., .~ s WHEREAS, the City of Chula Vista desires to improve the sewer in the 1100 block area of Walnut Avenue, and WHEREAS, Robert F. and Annabelle E. Kroeger have previously constructed a private force main sewer, as shown on Chula Vista Drawing No. 74-35D, and WHEREAS, the City desires to include this private force main sewer in its 1911 Act Improvement District on Walnut Avenue, and WHEREAS, Property Owners wish to sell their private force main sewer to the City so that the City may include it in its 1911 Act Improvement District. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That the City of Chula Vista will purchase the sewer force main as shown on Chula Vista Drawing No. 74-35D for the sum of TWO THOUSAND DOLLARS AND NO/100s ($2,000.00), so that it may be included as one of the improvements in its 1911 Act Improvement District on Walnut Avenue. 2. That the Property Owners shall sell said sewer force main, as shown on Chula Vista Drawing No. 74-35D, to the City for the sum of TWO THOUSAND DOLLARS AND NO/100s ($2,000.00). 3. Property Owners further agree to hold the City harmless from any and all claims of ownership of the above described improvements from other people and to indemnify the City for any damages, including court and attorneys fees, brought by other parties claiming an ownership interest in said improve- ments. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year set forth above. THE CITY OF CHULA VISTA Mayor t ATTES O--r ~n~ ~, , , e City o PROPERTY OWNERS: r a Vista t~obert F. Kroeger ~~. ~ ~~? , erk ~~~~ Annabelle E. Kroeger ` Approved as to form by s~ City Attorney ~i~~ R- 9~)S~' .~-,,z.. ~ ~ ,, ~~~ STATE OF CALIFORNIA ) / /~/ ~ COUNTY OF San Diego }ss. (~ 7 A _ I a V On- n 6s 1979 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Robert F. Kroeger and Annabelle E. Kroeger u v E Q W , known to me to be the person~__ whose name 3 A ~° subscribed to the within instrument and acknowledged to me~ f~"f~a'flsr'i~./A.S .~.°. ~*,• ~~' "~`~ "~~~S•~ cvf~ci;.. _==.L +~`., rhar_ they r' ~ ~`" F: ''~-1 ' 9. ~ `(r:-~,~ ~ ;~ executed the same s ~ e i o WITNESS my hand and official seal. ,~ a' 1 ~'~ { nc :ip?I Ofi ~ . ~ n~~'J'~,• C~i~f. o ,• M E ~_.. hiy (or~r.~is5io~ Cx~..,tar. ~1. 153J L ~o Signature ~ - ~~l 1Sk rrYa`a'r'4.'""aR~°~v"r'L•E ""e"r'~ : Y ~'ti""`.titi'Sl' Ruth M. Burkhart Name (Typed or Printed) (This area for official notarial seal) ~ ~ s~' ~~~ Form No. 342 Rev. 2/76 RESOLUTION NO. 9758 RESOLUTION OF THE CITY COUNCIL OF''I'HE"CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBERT F. AND ANNABELLE E. KROEGER FOR PURCHASE OF AN EXISTING FORCE SEWER MAIN IN WALNUT AVENUE 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 ROBERT F. and ANNABELLE E. KROEGER, for purchase of an existinq force sewer main in Walnut Avenue dated the 4th day of September 1979 , 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 City Council does hereby authorize the payment of $2,000 from "1911 Act Revolving Fund" Project Account No. 600-6000-RC-04 to Mr. and Mrs. Kroeger for the purchase of the force main sewer. 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 ~ _, ohn P. Lippit y ngineer Approved as to form by v ~ ~ Geor~indberg,~ City Att xiey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 4th day of September , 19 79 , by AYES: Councilmen Gillow, Cox, Hyde, McCandliss, Scott NAYES: Councilmen None ABSENT: Councilmen None ~~~ Mayor of the City of Chul Vista v ATTES ~ City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk 5/31/79 Jennie 1VI. Fulasz, City Cleslc p, (?. Box 1€I37 ...Chula Vista, Califo~nta 92012 AGREEMENT FOR PURCHASE OF AN EXISTING FORCE MAIN SEWER MANHOLE AND APPURTENANT STRUCTURES IN WALNUT AVENUE THIS AGREEMENT, made and entered into this 4th day of September , 1979, by and between the CITY OF CHULA VISTA, a mun cipal corporation, hereinafter called "City" and ROBERT F. and ANNABELLE E. KROEGER, husband and wife, 4215 Helix del Sur, La Mesa, CA 92041, hereinafter called "Property Owners"; W I T N E S S E T H WHEREAS, the City of Chula Vista desires to improve the sewer in the 1100 block area of Walnut Avenue, and WHEREAS, Robert F. and Annabelle E. Kroeger have previously constructed a private force main sewer, as shown on Chula Vista Drawing No. 74-35D, and WHEREAS, the City desires to include this private force main sewer in its 1911 Act Improvement District on Walnut Avenue, and WHEREAS, Property Owners wish to sell their private force main sewer to the City so that the City may include it in its 1911 Act Improvement District. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That the City of Chula Vista will purchase the sewer Force main as shown on Chula Vista Drawing No. 74-35D for the sum of TWO THOUSAND DOLLARS AND NO/100s ($2,000.00), so that it may be included as one of the improvements in its 1911 Act Improvement District on Walnut Avenue. 2. That the Property Owners shall sell said sewer force main, as shown on Chula Vista Drawing No. 74-35D, to the City for the sum of TWO THOUSAND DOLLARS AND NO/100s ($2,000.00)•. 3. Property Owners further agree to hold the City harmless from any and all claims of ownership of the above described improvements from other people and to indemnify the City for any damages, including court and attorneys fees, brought by other parties claiming an ownership interest in said improve- ments. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year set forth above. PROPERTY OWNERS: 7 `~j , obert F. Kroeger ~~ Annabelle E. Kroeger Approved as to form by ~/ City Attorney R ~ 9 ~s~- THE CITY OF CHULA VISTA ~ /~. '79-381292 J Fe~Eir~ENO._~ REC~ORDE!D IIEUOES~t OF ~.;~-,~eL~'-~k ~F C hl,c L A U ~ s-4q 11 ~ oe ~'W~'~9 OFFIflECOROcR~[ S S0~1i DIEG~3 C~IDWJITY. CALIF. _~_J N~ ~ ~ STATE OF CALIFORNIA . a OO~NTY OF ~n Sau Diego ~C~~ " said 79 ~aa. ~ / C/ ~ / F Stare. ~ ,~ 9 Perspnall 4~Q 1f u Y appeared-b . 6efpre '" aTj"(' R r KY_~r $a-IIahe j j otary Puhlic in and f r known ro me ro 6 _~ > subscribed a the Perspnb,_ Y ro the wirhi "'hose name S 1 rhat~ the n ;nsrru _ }r menr and acknowledged S ~ WITNESS mY hand tO rne~ and official executed the same. v seal. Signature a` 1 Ruth M. Burkhart '~ i5 Name (TYPed or Pr;nred 1 orr:n:.i ,.~t114ttyy~ fi i.J .~l~ A~. pr `, tit '1~~]' ~a I rim ^ ~crr~ ' ~,~~L~ 7g, "Se".n L h1Y Con i t, 'xP. t,laro p. Culih ;r i..ti1V (Thia Brea !or oiRcial nprarial aealJ v