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HomeMy WebLinkAboutReso 1978-9314~'•s Form No. 342 Rev. 2/76. RESOLUTION N0. 9314 RES LUTION OF THE CITY COUNCIL OF~~iE~ CITY OF CHULA VIS A, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VIS A AND INLAND INDUSTRIES, INC. FOR DEFERRAL OF UND RGROUNDING REQUIREMENTS AT 1045-1095 BAY BOULEVARD resol AND~AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The~City Council of the City of Chula Vista does hereby as fo lows: NOW THEREFORE, BE IT RESOLVED that that certain agrQement betw~e THE C TY OF CHULA VISTA, a municipal corporation, and INLAND INDUST IES, INC., for deferral of undergrounding requirements at 104 -1095 ay Boulevard dated Wh1Ch fully Vista agree he 29 s atta et for day of September 1978 a copy of ed hereto and incorporated herein, the same as though herein be, and the same is hereby approved. BE T FURTHER RESOLVED that the Mayor of the City of Chula and he is hereby authorized and directed to execute said. t for and on behalf of the City of Chula Vista. Presented by W . J . ~tobens , Director of Public Works Approved as to form by ,~ ~~--~ . George D. Lindberg, City Attorney ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFO IA, this 17th day of October 19 78 , by AYES: Coun ilmen Egdahl, Hyde, Gillow, Scott, Cox NAPES: Coun ilmen None ABSENT Coun ilmen None /~„Q ~- ~~ ~` ° Mayor of the City of Chula Vista l ATTEST , , ; . ~j ~ '.. .. ~~ C ty C er ,; STATE F CALI ORNIA) COUN~1'Y OF SAN DIEGO) ss . CITY O CHULA VISTA) I, of Chu a Vis true a d cor not be n ame California, DO HEREBY C ct copy of Resolution No. ed or repealed. DATED , City Clerk of the City RTIFY that the above is a full, . and that the same has City Clerk ~IJ~U AGREEMENT FOR THE DEFERRAL OF UNDERGROUNDING OVERHEAD FACILITIES AT 1045-1095 BAY BOULEVARD - INLAND INDUSTRIES, INC. a IN 92 THIS AGREEMENT, made and entered into this / 7 ~ day of (~~~~ ;..,~~ , 1978, by and between THE CITY OF CHULA VISTA, unicip 1 corporation, hereinafter referred to as "City", and AND IN USTRIES, INC., P. O. Box 9463, San Diego, California 09, he einafter referred to as "Property Owner"; W I T N E S S E T H WHEREAS, as a condition for issuance of a building permit to constr ct six warehouses at 1045-`1095 Bay Boulevard, Property Ow er is equired to underground overhead utilities, which include a 2,000 olt distribution facility crossing the subject property no th of he San Diego Gas & Electric Company easement and the 12,000 vo t distribution line within the San Diego Gas & Electric Co pany e sement, and WHEREAS, it is now desired by Property Owner to defer th under rounding of said utilities, and WHEREAS, the City Council has heretofore conducted a pu lic he ring and found the following facts exist in relation to said u ility line: A. That extraordinary conditions exist to the extent that enforcement of Section 15.32.070 of the Chula Vista Municipal Code .would result in un- necessary hardship to the owner or the utility company.; a'nd B. That'such deferral will not, under the circum- stances of the case, be detrimental to the health, safety or general welfare of the neighborhood. NOW, THEREFORE, IT IS MUTUALLY .AGREED by and between the pa ties h reto as follows: 1. The City of Chula Vista does hereby defer the under- gr unding of said distribution lines in accordance with the request of Proper v Owner. 2. Property Owner hereby agrees to participate in any un ergrou d utility district that may be formed at some future da e and hey and their successors in interest agree that they he eby wa ve all right to protest against the formation of an un ergrou d utility district at some future date. IN WITNESS WHEREOF, the parties hereto have caused this ag Bement to be executed the day and year first hereinabove set forth. TH CITY F CHULA VISTA INLAND INDUSTRIES, INC. \~ r o f' he A ity of ~ ::. sue/ E_ ~itv Cler Approved ~s to form by ~> a Vista J y Berg (Attach Notary Acknowledgment) y Attorney