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HomeMy WebLinkAboutReso 1977-8635RESOLUTION N0. 8635 RESOLUTION OF THE CITY COUNCIL OF~~Ti-iE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GERALD R. LaLANDE AND JOE BORDI WAIVING ALL RIGHTS TO PROTEST A 1911 ACT OR 1913 ACT FOR THE ID'IPROVE- MENT OF ROOSEVELT STREET IN THE CITY OF CHULA VISTA 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 betwreen THE CITY OF CHULA VISTA, a municipal corporation, and GERALD R. LaLANDE and JOE BORDI, waiving all rights to protest a 1911 Act or 1913 Act for the improvement of Roosevelt Street in the City of Chula Vista dated the 18th day of May 197 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 Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record the resolution and agreement in the office of the San Diego County Recorder. 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 George "D. Lindberg, City Attorney Approved as to form by George:=~. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of May 19 77 by the following vote , to-w~- AYES: Councilmen Scott, Hobel, Cox, Hyde NAYES : Councilmen None ABSENT: Councilmen Egdahl t ~ n~ ~~ Mayor of the City of C la Vista ATTEST H City Clerk STATE~'..QfF 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that tree same has not been amended or repealed. DATED City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GERALD R. LaLANDE AND JOE BORDI WAIVING ALL RIGHTS TO PROTEST A 1911 ACT OR 1913 ACT FOR THE IMPROVEMENT OF ROOSEVELT STREET IN THE CITY OF CHULA VISTA THIS AGREEMENT, made and entered into this 18th day of May 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City" and GERALD R. LaLANDE and JOE BORDI, a joint venture, 356 Roosevelt Street #7, Chula Vista, California 92010, hereinafter referred to as "Developers"; W I T N E S S E T H WHEREAS, Developers desire to construct an apartment project to be located on Roosevelt Street between Third and Fourth Avenues in the City of Chula Vista, and WHEREAS, the Environmental Review Committee has heretofore approved said apartment project and stated that a negative declaration could be filed if appropriate mitigating measures involving the widen- ing of Roosevelt Street were to be undertaken, and WHEREAS, an alternative to the concurrent widening of Roosevelt Street would be to participate in the future formation of a 1911 or 1913 Act to provide for the full widening of the street, and WHEREAS, Developers have agreed to particpate in such an Act. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That the City of Chula Vista does hereby approve a nega- tive declaration based upon a finding that certain mitigating measures involving the future widening of Roosevelt Street. will be undertaken. 2. It is further understood and agreed that Developers and/or their heirs, assignees or successors in interest shall at such time as a 1911 or 1913 Act petition is circulated, sign said petition and that said parties do hereby waive all rights to protest in the event such a 1911 or 1913 Act proceeding is instituted. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA DEVELOPERS Q,~~~..Q ~ - ~ Mayor of e City of C Vista Gerald R. La ande ATTEST D puty City Clerk ~ ~~G'~`,v " . Joe rdi Approv as to Form by ~-~'~~ City Att®6'rney ~/