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HomeMy WebLinkAboutReso 1978-9389c a Form No. 342 Rev. 2/76. . , RESOLUTION NO. 9389 RESOLUTION OF THE" CITY COUNCIL OFT~iE` CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MURAOKA DEVELOPMENT CO., INC. FOR THE DEFERRAL OF UNDERGROUNDING UTILITIES ON PALOMAR STREET 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 MURAOKA DEVELOPMENT CO., INC. for the deferral of undergrounding utilities on Palomar Street dated the 15th day of November , 19~g , 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 ,~'` ., 6J. J. Robens, Director of Public Works Approved as to form by r., ,., / ,~~,~ ~~. ~ ,e _-.~ i George D. Lindberq, City Attorn~~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 5th day of December , 19 78 , by AYES: Councilmen Mayor Hyde:Councilmen Gillow,Scott,Cox, Egdahl NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of Chula Vista . `' ATTEST ~ZZ~.% G City C erk ST~i'E OF CALIFORNIA) COUN•I'Y 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 • Czty Clerk GR~C~NAL AGREEMENT FOP. THE DEFERRAL OF CERTAIN PUBLIC IMPP.OVEMENTS ADJACENT TO PPOPERTY OV~'Iv'ED BY MURAOKA DEVELOPMENT COMPANY, INC. LOCATED ON PALO?~"AR STREET ADJACENT TO Ch`ULA VISTA TP.ACT NO. 75-2 THIS AGREEMENT, made and entered into this ~ST~'~ day of NUy~-u"v~E~r~ , 1978, by and between THE CITY OF Cb'ULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and ?~1URAOKA DEVELOPMENT COr,PANY, INC., hereinafter referred to as "PROPERTY 04TNER" ; W I T N E S S E T H: Sv'IiEREAS, as a condition of approval of Chula Vista Tract Ito. 75-2, the Property Owner is required to underground utilities on Palomar Street, adjacent to the boundary of Chula Vista Tract No. 75-2, and L9HEREAS, it is desired by Property 0~-ner to defer the under- grounding of the existi:zg 12 KVA line on Palomar Street. N04:, THEREFORE, IT IS MUTUALLY AGP.EED by and between the parties hereto as follows: Property Owner hereby agrees to participate in any underground utility district that may be formed at some future date and he and his successors in interest agree that they hereby waive all right to protest against the formation of an underground utility district at some future date. IN F?ITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA r, M_AYOROF THE CITY OF CHULA VISTA ATTEST ITY CLERK PROPERTY OWNER: MURAOKA DEVELOPMENT COIdPANY, INC. ;,; ~, . O I MURAOkA, RFSiDEN:^ . ~~ ~ ,//'~ Approved as to /'}~,ys~ /,~ BY: _ l ~ 1 r / / ~ <"City Attorney (Attach 1\'ctary Acknowledgement) SAB% - M RAOKA, V iC ~ •RESIL'EIQ'. ~~. UFAGKA, SECRETARI' TP..EAS . J'1'A"f'Jr Ur t/A1,1FUtt:11,~ ^. COUNTY OF San Diego ~ SS. a On November 15, 1978 ,before me, the undersigned, zv: a Notary Public in and for said- County and State p rs nail ' ~ appeared Takenori Muraoka Pres,~and ~a~u~o ' .Vice ' = be the -President, and-- Rny S M••--•~~--. ,known 9 ` to me to be the Secretary of v MURAOKA DEVELOP~NT CO , INC; the corporation that executed the within instrument and known to me to be the persons ~ who executed the within instrument on behalf of said corporation,, saal=aapoxstma~eip{~~aaa~ss~m6~~ec~~s#=i#t~~rar~e# a ~ grassbees{s~{x~katxzeeetzsf=th~~aitf~iscis~Ftssm~rsi~~a~g$-d ~ ~n__ '~~}fl~~#A'~-4~~~~1VrT~TOT1~Cx'C~II~"lC ~~1C-STII'I'C"SSSIIL~I~--~C't~ L~ /, w s v ~'~' ry B . Adams ~, Name (Typed or Printed) ~-~ .;~, W ~ Notary Public in and for said County and State ~ .; FOR NOTARY SEAL OR STAMP JtiY.Y.YrY.'LW-~'.tiY^ti~S,R,ti•.YJtiY~Y f OFFICIAL SliAl f '+ ~"+~ MARY B. ADAMS -'~~,=v:~•;, N07FRY Pl}5LtC CALiFORYIA ' £ ''r~ -~ "~"~ `~ ' Principal Gttice, Sa:~ i)IC~o Co. Calif. ~ ~~~' hiy Commission Ex ~; c V.. iar. 35, 179 L"4'Yi1Y'.tiYrY.YJY.•^:•:.•.:':: ~.ti::L`~'