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HomeMy WebLinkAboutReso 1977-8742Form No. 342 Rev, 3j74 RESOLUTION NO. 8742 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VI5TA AND RITA HOLLERON FOR CONNECTION TO SEWER MAIN FOR PROPERTY LOCATED AT 4368 ACACIA AVENUE PRIOR TO ANNEXATION TO SAID CITY 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 C.-IULA VISTA, a municipal corporation, and RITA HOLLERON, for connection to sewer main for property located at 4368 Acacia Avenue prior to annexation to said City, dated the 21st day of July 19 77 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 Approved as to form by W. J. Robens, Director of Public Georg D. Lindberg, City Attorney works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CfiULA VISTA, CALIFORNIA, this 26th day of July 1977 by the followinc vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl NAYES: Councilmen None ABSENT: Councilmen None ~~ Lc ~' P4ayor of the City of Chu Vista ATTES C•_tv _lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF C[IULA VISTA) I~ City Clerk of the City of Chula Vista, California, DO Y.EREBY CERTIFY that the above is a full, true and correct cony of Resolution No. , and that the same has not been amended er repealed. DATED 'ity Clerk SEWER CONNECTION AGREEMENT THIS AGREEMENT, made and entered into this 2lstday of July, 1977, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RITA HOLLERON, hereinafter called "Owner"; W I T N E S S E T H WHEREAS, Rita Holleron, the owner of that certain property located at 4368 Acacia Avenue, is presently proceeding with the annexation of said property, more particularly described as: Lot 7 of Bonita Hills, Unit No. 1, according to Map thereof No. 2139 filed in the Office of the County Recorder of San Diego County, November 22, 1928; and WHEREAS, Owner desires to install and connect necessary sewer laterals to the existing sewer main located in Lot 117 of Bonita Ridge Unit 2 per map 8363 in the City of Chula Vista, and WHEREAS, Owner desires to make said connection prior to the completion of the annexation of said premises to the City of Chula Vista because of the existence of a clear and present health problem relating to the inadequate and defective condition of their private sewage disposal system, and WHEREAS, the City of Chula Vista is agreeable to permitting said connection to the sewersystem prior to the 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 sewer main located in said Lot 117 in the City of Chula Vista. 2. Owner agrees to secure the necessary permits required by the Municipal Code and to pay all appropriate sewer connection fees, and all work performed by Owner on the sewer lateral shall be performed in accordance with the standards of the City and subject to inspection by the Building and Public Works Departments of the City of Chula Vista. 3. It is further mutually understood and agreed that if, for any reason whatsoever, said premises are not annexed to the City of Chula Vista on or before the 1st day of November, 1977, said sewer connection will be removed and sewage from said premises will no longer be permitted to flow into the sewer main in said Lot 117. 4. It is further agreed that City shall, at its option, at any time subsequent to said date of November 1, 1977, institute the work required to perform the disconnection of said sewer hook-up upon ninety (90) days notice to Owners, if the property has not been annexed and Owner has not disconnected said sewer hook-up. - 1 - 5. Owner further agrees to pay in full the cost of said disconnection if it is required pursuant to the terms of this agree- ment. Said cost of disconnection shall be determined by the Director of Public Works of the City o£ Chula Vista and shall be due and payable at the time o£ said disconnection. 6. Owner agrees to be included in an improvement district or reimbursement district for the construction of sewer facilities in Acacia Avenue. It is further understood that those fees collected in accordance with Section 13.16.170 of the Chula Vista Municipal Code ($453.54) shall be applied towards the sewer construction costs assessed on subject property by any improvement district or reimburse- ment district which is formed prior to September 1, 1982. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OWNER Rita Holleron - Attach Notary Acknowledgment jam, ~~.` ~ ~ ~. City Attorney - 2 - Approved as to form by