HomeMy WebLinkAboutReso 1975-7635Form No. 342
Rev 3/74
RESOLUTION NO, 7635
RESOLUTION OF THE CITY COUNCIL OF THE CITY Or CHULA
VISTA, APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA
VISTA AND WINDSOR PARK ENTERPRISES, INC. RELATIVE TO
ACQUISITION OF STREET RIGHT OF WAY FOR PUBLIC STREET
PURPOSES FOR AN UNNAMED OFFSITE ACCESS ROAD
AND AUTHORI'LING THE MAYOR TO EXECUTE SAID Ai~REEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE LT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, ~. municipal corporation, and
WINDSOR PARK ENTERPRISES, INC., relative to the acquisition of certain
street right of way for public street purposes for an unnamed offsite
access road providing access to Windsor Views Subdivision,
dated the 11th day of February 19 '75 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 F URTiiER RESOLVED that the Mayor of the City of Chula
Vista be, and he rs hereby authorized and directed to execute said
agreement for and or. behalf of the City of Chula V~.sta:
Presented by
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George D. Lindberg, City Attorney
Approved as to form by
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George D. Lindberg, City At'~orney
ADOPTED AND APL~ROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this ~-day of FPhru~v , 19_x_, by
the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None ('
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n7ayor of the City 'of Chula V~.s a
AT'TES"I' ~" ,.- ,.u,,~ ~.._. 1-- ~C~-l1~
City C1erx
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CiiULA 'VISTA)
I, City Clerk of the City
of Chula Vista, California, DO i~EREBY CERTIFY that the above is a full,
true and correct ropy of Resolution No. and that the same has
not been amended car repealed. DATED
City Clark
AGREEP~ENT WITH WINDSOR PARK ENTERPRISES, INC.
RELATIVF. TO THE ACQUISITION OF CERTAIN STREET
RIGHT OF WAY FOR PUBLIC STREET PURPOSES FOR
AN UNNAr4ED OFFSITE ACCESS ROAD PROVIDING
ACCESS TO THAT CERTAIN SUBDIVISION TO BE
KNOWN AS WINDSOR VIEWS
THIS AGREEMENT, made and entered into this 11th day of
February, 1975, by and between the CITY OF CHULA VISTA, a munici-
pal corporation, hereinafter referred to as "City", and WINDSOR
PARK ENTERPRISES, INC., hereinafter referred to as "Developer";
W I T N E S S E T H
WHEREAS, the City Council of the City of Chula Vista
has established a tentative street right of way for an unnamed
offsite access road, and
WHEREAS, the acquisition and development of said street
right of way as an offsite improvement for the Windsor Views Sub-
division is essential to provide access to said subdivision as
well as other surrounding areas that border upon and are served
by said tentative right of way, and
WHEREAS, it is necessary that Windsor Park Enterprises,
Inc., the developer of Windsor Views, secure said right of way
and install improvements thereon in accordance with specifica-
tions of the City of Chula Vista, and
WHEREAS, said Windsor Park Enterprises, Inc., has been
unable to acquire by negotiated purchase said necessary portion
of the proposed right of way.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between
the parties hereto as follows:
1. The City of Chula Vista agrees to immediately retain
an appraiser subject to the approval of Developer, and Developer
agrees to accept the full cost of the services of said appraiser.
2. Developer hereby
sum of money as determined by
of any complaint in the action
the terms of this agreement.
agrees to deposit with City the
said appraiser prior to the filing
of condemnation contemplated by
3. Said deposit shall be used by the City of Chula
Vista for the acquisition of said right of way for that certain
unnamed offsite access road, which street is more particularly
described in Exhibit A attached hereto and incorporated herein
by reference as if set forth in full, and as shown on that certain
drawing designated as Exhibit B, attached hereto. It is under-
stood and agreed that necessary slope rights as required by the
City Engineer shall also be acquired for said right of way.
4. The deposit shall be used for the acquisition of
land and shall be deposited by the City of Chula Vista as security
for immediate possession with the Superior Court of the County of
San Diego.
5. Developer agrees to pay any filing fees or other
administrative costs involved in the preparation and filing of
a complaint in an action of condemnation for the acquisition of
said property.
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6. It is understood and agreed that City shall assume
no further responsibility in said condemnation action other than
the preparation and filing of the complaint therein and that if
and in the event that further proceedings are required, Developer
shall select an attorney of their own choosing who shall assume
full responsibility and direction of any condemnation actin n
subject to any necessary agreement with the City of Chula Vista.
All fees paid for the services of said attorney shall be made
directly by Developer and the City of Chula Vista shall assume
no responsibility for any attorney fees or other costs of liti-
gation. In addition thereto, Developer shall retain the apprai-
ser, as mutually agreed by Developer and City, at their sole
expense to provide any neccessary appraisal or other information
in the form suitable for use in said condemnation proceeding.
Said appraiser and any other expert witnesses required shall
be paid directly by Developer and City shall assume no respon-
sibility for said payments.
7. City of Chula Vista agrees to pass a resolution
authorizing condemnation proceedings for the acquisition of the
aforementioned street right of way.
8. This agreement is made, among other reasons, to
satisfy the requirements of the City of Chula Vista for the
construction of a dedicated public street to provide necessary
street frontage and access to that certain property being developed
by Developer for subdivision purposes.
9. It is further understood and agreed that the City
shall prepare a complaint showing the areas in addition to
Developer's subdivision which may ultimately benefit from the
construction of this offsite improvement and a reimbursement
agreement will be prepared allowing the Developer to recoup
monies which he has expended which benefit said other properties.
IN WITNESS WHEREOF, City has caused this agreement to
be executed by having affixed thereto the signature of the Mayor
of said City, acting under and pursuant to Resolution rdo.
of the City Council of the City of Chula Vista, and Developer
has caused this agreement to be executed, as duly authorized,
the day and year first hereinabove written.
THE CITY OF CHULA VISTA DEVELOPER: Windsor Park Enter-
prises, Inc.
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Thomas D-~ Hamilton, Jr., May r
ATTEST ~,v >,
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City Clerk
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Approved as to form by
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D le Horton, President
City A orney j~
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COLLECTOR ROAD DESCRIPTION
FOR CONDEMNATION
408-010
WINDSOR VIEWS
1-21-75
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF'QUARTER SECTION 63,
AND THE NORTHWEST QUARTER OF QUARTEP. SECTION 64, IN RANCHO DE LA
NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869,
DESCRIBED AS A WHOLE AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION 63,
THENCE ALONG THE SOUTHERLY LINE OF SAID QUARTER SECTION 63
NORTH 72°10'08'' EAST 658.96 FEET TO THE TRUE POINT OF BEGINNING,
BEING ALSO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SAID QUARTER SECTION 63; THENCE ALONG THE EASTERLY LINE
OF SAID WEST HALF NORTH 17°53'49" WEST 307.23 FEET; THENCE
NORTH 72°06'11" EAST 83.14 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 42.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 25°02'22" A DISTANCE OF 18.35 FEET; THENCE TANGENT TO SAID
CURVE NORTH 47°03'49" EAST 50.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 68.00
FEET; THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 208°03'33" A DISTANCE
OF 246.93 FEET'TO THE INTERSECTION WITH AN ARC OF ANOTHER CURVE
CONCAVE EASTERLY, HAVING A P.ADIUS OF 500.00 FEET, A RADIAL LINE
THROUGH SAID POINT OF INTERSECTION BEARS NORTt1 76°36'33" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID 500.00 FOOT RADIUS CURVE,
THROUGH A CENTRAL ANGLE OF 13°30'35" A DISTANCE OF 117.89 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 00°07'08" EAST 123.50 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING
A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86°03'00" A DISTANCE
OF 45.06 FEET; THENCE TANGENT TO SAID CURVE SOUTH 86°10'08" EAST
52.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF TELEGRAPH
CANYON ROAD, AS SHOWN ON ROAD SURVEY 1086, FILED IN THE OFFICE
OF THE COUNTY SURVEYOR ON MAY 14, 1958; THENCE ALONG SAID RIGHT
OF WAY LINE SOUTH 89°54'36" WEST 256,28 FEET TO THE SOUTHERLY
LINE OF SAID QUARTER SECTION 63; THENCE ALONG SAID SOUTHERLY LINE
NORTH 72°10'08" EAST 92.85 FEET TO THE TRUE POINT OF BEGINNING.
Containing an area of 1.33 acres.
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PAGE 1 OF 2 ~
SLOPt EASEMENT
THOSE PORTIONS OF THE SOUTHWEST QUARTER OF QUARTER SECTION
63; AND THE NORTHWEST QUARTER OF QUARTER SECTION 64, IN
RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
N0. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MAY 11, 1869, DESCRIBED AS A WHOLE AS FOLL01rJS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION 63,
THENCE ALONG THE SOUTHERLY LINE OF SAID QUARTER SECTION 63
NORTH 72°10'08" EAST 658.96 FEET TO THE SOUTHEAST CORNER
OF THE WEST HALF OF THE SOUTH4IE$.T QUARTER OF SAID QUARTER
SECTION 63; THENCE ALONG THE EASTERLY LINE OF SAID WEST "
;~ HALF NORTH 17°53'49" WEST 307.23 FEET TO THE TRUE POINT
~OF BEGINNING; THENCE NORTH 72°06'11" EAST 83.14 FEET TO ,
-THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 42.00 FEET; THENCE NORTHEASTERLY ALONG
`" .THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°02'22"
A DISTANCE OF 18.35 FEET; THENCE TANGENT TO SAID CURVE
NORTH 47°03'49" EAST 50.00 FEET TO THE BEGINNING OF A
..TANGENT CURVE CONCAVE SOUTHI~JESTERLY HAVING A RADIUS OF
68.00 FEET'; THENCE EASTERLY, SOUTHERLY AND WESTERLY ALONG
• ~ THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF .
208°03'33" A DISTANCE OF 246.93 FEET TO THE INTERSECTION
WITH AN ARC OF ANOTHER CURVE CONCAVE EASTERLY, HAVING
A RADIUS OF 500.00 FEET, A RADIAL LINE THROUGH SAID POINT
OF INTERSECTION GEARS NORTH 76°36'33" WEST; THENCE
SOUTHERLY ALONG T}iE ARC OF SAID 500.00 FOOT RADIUS CURVE,
THROUGH A CENTRAL ANGLE OF 13°30'35" A DISTANCE OF 117.89
FEET; THENCE TANGENT TO SAID CURVE SOUTH 00°07'08" EAST
123.50 FEET TO TFiE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 30.00 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 86°03'00".A DISTANCE OF 45.06 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 86°10'08" EAST 52.56 FEET TO THE NORTHERLY
RIGHT-OF-~,Jf~Y LINE OF TELEGRAPH CANYON ROAD, AS SH04~JN ON
'~ ROAD SURVEY 1086, FILED IN THE OFFICE OF THE COUNTY SURVEYOR....
• _ __. ... __ _~ ___", _.._...,.-. ..~...~.- rw*n nrru"r' nr_ 1J4Y 1 TNF
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' 408-010
1-21-75
PAGE 2 OF 2
NORTH 89°54'36" EAST 94.63 FEET; THENCE NORTH 00°07'08"
WEST 25.56 FEET; THENCE SOUTH 89°52'52" 4lEST 150..00 FEET;
THENCE NORTH 00°07'08" WEST 131.54 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
475.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 11°54'23" A DISTANCE OF
98.71 FEET TO THE INTERSECTION WITH AN ARC OF ANOTHER '
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 93.00 FEET, A
RADIAL LINE THP.OUGH SAID POINT OF INTERSECTION BEARS
SOUTH 24°42'50" EAST; THENCE EASTERLY, NORTHERLY, AND
WESTERLY THROUGH THE ARC OF SAID 93.00 FOOT RADIUS CURVE
THROUGH A CEt~TRAL ANGLE OF 198°13'21" A DISTANCE OF
321.75 FEET; THENCE TANGENT TO SAID CURVE SOUTH 47°03'49"
WEST 30.15 FEET; THENCE SOUTH 72°06'11" WEST 108.32 FEET
TO THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SAID QUARTER SECTION 63; THENCE ALONG SAID '
EASTERLY LINE SOUTH 17°53'49" EAST 35.00 FEET TO THE
TRUE POINT OF BEGINNING.
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