HomeMy WebLinkAboutReso 1989-13997cryBed ~C.; ~ 0590 ~ I (b)
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6/,75,3~f~ _~ RESOLUTION NO.13997
RESOLUTION OF THE CITY COUNCIL OF THE CITY~F CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RANCHO DEL REY PARTNERSHIP IN WHICH THE DEVELOPER
AGREES TO NOT PROTEST FORMATION OF ASSESSMENT DISTRICT 87-1
AND TO NOT PROTEST INCLUSION OF THE SUBJECT PROPERTY IN SAID
DISTRICT
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 by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and RANCHO DEL REY
PARTNERSHIP, in which the developer agrees to not protest formation
of Assessment District 87-1 and to not protest inclusion of the
subject property in said district
dated the 15th day of February , 1989, a copy of which is
attached hereto and incorporated herein, the same as though fully
§pt 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 Approved as to rm by
J P ippitt, Director of Ruth M. Fritsch, Deputy City
Public Works Attorney
0374a
0591
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHL,,,,A VISTA, CALIFORNIA, this 14th day of March
~9 89 , by the following vote, to-wit:
AYES; Councilmembers McCandliss, Nader, Moore
NAYF'S: Councilmembers Malcolm
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers cox
yor ~ City of Ch~d Vista
~TTEST ' ;
/'~,/"' Cib; i::;lerg'
.STA OF CALIFORNIA )
SOUNTY OF SAN DIEGO ) ss.
.iITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
)O HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13997 ,ond thor the some hos not been omended or repeoled
)ATED March 23~ 1989
;C - 660
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
RANCHO DEL REY PARTNERSHIP AGREEING TO NOT
PROTEST THE FORMATION OF AN ASSESSMENT DISTRICT
FORMED FOR THE PRIMARY PURPOSE OF WIDENING AND
IMPROVEMENT OF EAST "H" STREET AND AGREEING TO
NOT PROTEST INCLUSION OF SAID PROPERTY IN SAID
ASSESSMENT DISTRICT
THIS AGREEMENT, made and entered into this_IS_t/l_ day
of February , 1989, by and between the CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City" and
HANCHO OEL REY PARTNERSHIP, 2727 Hoover Avenue, National City,
Ca. 92050, hereinafter called "Property Owners";
WITNESSETH :
WHEREAS, Rancno Del Rey Partnership are the owners of
property designated as Tentative Subdivision Map for Chula Vista
Tract 8~-1, Rancho Del Rey PHASE TI~O , and
WHEREAS, as a condition of the Tentative Subdivision Map
authorizing the subdivision of said property is that Property
Owners shall agree to not protest the formation of an assessment
district for the purpose of widening and improvements of East "H"
Street, not to protest inclusion of said property is said
district.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Property Owners agree on their behalf and on behalf
of their successors in interest to that property described as
Tentative Subdivision Map for Cbula Vista Tract 88-1 , Rancho Del
Rey, PHASE T~YO , to not protest the formation of an
assessment district formed for the primary purpose of widening
and improvement of East "H" Street and to not protest inclusion
of said property in said district.
2. The City of Chula Vista agrees that Property Owners
have satisfied condition of approval Number 23 of Tentative
Sumdivision Map for Chula Vista Tract 88-1, Rancho Oel Rey
PHASE TWO , relating to the formation of an assessment
Oistrict formed for the primary purpose of widening and
improvement of East "H" Street and the inclusion of their
property therein.
-1-
0593
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth,
By :~3~MILLI~ COM~,NITIE INC.
yor of ity of C~Ula ista ·
· .-~ TITLE: Senior Vice President
At e t
/~ty erk - ~ By: .
~ TITLE: t
By: HO~E CAPITAL C~RPORATION
T~TLE: ~ '/~
Notary Acknowledgment)
Approved as to form b
/
~ C Attorney
4926a ~ ~
-2-
0594
STATE O? CALIFORNIA
: , ) ss.
· , ,COUNTY OF SAN DIEGO_ )
(. On this 15th da of February , 19 89 before
me, Jo~ce A. BenafieYd ...... , a Notary Public in anA for
said' 'state, personally appeared virgil E. Elliott ,
personally known to me (~r
=n~&~n~&= ~v~as~.) tO be the Senior Vice President,
and Kenneth Baumgartner , personally known to me (e~
~v~d ~ r..e ~ ~%~ ~__a_ _. __.a_.._.._. 2vld~$;) to be the
Vice President ~ of McMet[J N COMMUN JTJT[S, JNC.
co~oration ~a~ executed
be ~e persons who executed the within inst~ent on behalf of
~e said co~oration, said co~oration being hod to me to be
one of ~e general pa~ners of ~ANCH0 'DE[ REY PARTNERSHIP
~e general pa~nership that executed ~e wi~in inst~ent, and
achowledged to me ~a= such co~oration executed ~e same as
such pa~ner and that such pa~nership executed ~e same.
WI~ESS my hand and official seal.
CAT, NO. NN00636
TO 1954 CA (9--84)
<Coloration as a Partner of a TICOR TITLe INSURANCe
STATE OF CALIFORNIA
COUNTY OF ~5tt~.N D/~-'6 (-';
On f~(' ~ V / ~ / ~9 before ' Nota~
)personwho xccu[cd
personally known to me or Fcvcd to mC o- the b;iz o: zatizfactcr7 tviden:%o ~e..~ ~}~,
the within ins=ument as the f~N/~'~ ~?b~T/7~=ia,nt, and
be he et on ~ execu~d the i~h~ ,' strument ~ [~; 5 ' ,~ of
the corporat' th t e cuted the with~instWent on
behalf of ~b~~' ~:
the partnership that' executed
the wkhin instrumenz, and acknowledged to me that such
corporation executed the same as such partner and that
such pa~nership executed ~he same.
WITNESS my hand and official se~.
~. ,, / '- . .