HomeMy WebLinkAboutReso 1975-7637
Form No. 342
Rev.. 3j 74
RESOLUTION NO, 7637
RESOLUTION OF TILE CITE' COUNCIL OF TfiE CITY Or CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SHATTUCK CONSTRUCTION COMPANY RELATIVE TO
ACQUISITION OF STREET RIGHT OF WAY FOR PUBLIC STREET
PURPOSES TO BE KNOWN AS EAST "J" STREET
AND AUTIiORI'ZING TILE MAYOR TO EXECUTE SAID Ai~REEMENT
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 CHULA VISTA, a municipal corporation, and
SHATTUCK CONSTRUCTION COMPANY, relative to the acquisition of certain
street right of way for public street purposes to be known as East "J"
Street providing access to South Bay Villas Subdivision
dated the 11th day of Februray 1975 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approvedt
BE I:T FURTI.ER 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 Vrsta~
Presented by Approved as to form by
Geor D. Lindberg, City At~ey
ADOPTED AND APPROVED by
VISTA, CALIFORNIA, this 11th day
the following vote, to-wit:
AYES: Councilmen
NAYES: Councilmen
ABSENT: Counc~.lmen
t ~^ ,f,! ~~ ~ hAi~,:~i
t
Georg~~D, Lindberg, City Atney
the CITY COUNCIL of the CITY Or C~_ULA
of February , 1975 , by
Scott, Hobel, Hamilton, Hyde, Egdahl
None
None
/ ~
I
^~ayor of the City of Chula V~st~'
ATTEST ~ l.~/
City C _erx
STAT OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss,
CITY OF CE3ULA 'VISTA)
I. City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY tl~iat the above is a full,
true and correct copy of Resolution No. and that the same has
not been amended or repealed, DATED
City Clerk
AGREEMENT WITH SHATTUCK CONSTRUCTION COMPAPIY
RELATIVE TO THE ACQUISITIOrd OF CERTAIN STREET
RIGHT OF WAY FOR PUBLIC STREET PURPOSES TO BE
K1`dOWN AS EAST "J" STREET PROVIDITIG ACCESS TO
THAT CERTAIN SUBDIVISION TO BE KNOWN AS SOUTH
BAY VILLAS
THIS AGREEMENT, made and entered into this 7th day of
February, 1975, by and between the CITY OF CHULA VISTA, a munici-
pal corporation, hereinafter referred to as "City", and SHATTUCK
CONSTRUCTION COMPANY, 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 to be known as
East "J" Street, and
WHEREAS, the acquisition and development of said street
right of way as an offsite improvement for the South Bay Villas
Subdivision 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 Shattuck Construction
Company, the developer of South Bay Villas, secure said right of
way and install improvements thereon in accordance with specifi-
cations of the City of Chula Vista, and
WHEREAS, said Shattuck Construction Company 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 agrees to deposit with City the
sum of money as determined by said appraiser prior to the filing
of any complaint in the action of condemnation contemplated by
the terms of this agreement.
3. Said deposit shall be used by the City of Chula
Vista for the acquisition of said right of way to be known as
East "J" Street, 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 understood 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 action
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 upon by Developer and City, at their
sole expense to provide any neccessary appraisal or other infor-
mation in the form suitable for use in said condemnation proceed-
ing. Said appraiser and any other expert witnesses required shall
be paid directly by Developer and City shall assume no responsi-
bility for said payments.
7. City of Chula Vista agrees to pass a resolution au-
thorizing 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 No.
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: Shattuck Construction
Company
,.. ~ ~ ,
~r'~ - ~ f"
Thomas D. Hamilton, Jr., Mayo By: John Richard Shattuck, President
ATTES
City C er
Approved as to form by
~'' / /%
City A torney
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LEGAL DI;SCRIPTIOII, EP_ST "J" STREET RIGHT OF ~~dAX
SOL7^.'II B11~ VILLAS SUBDIVISIOPJ
h11 that portion of the Southwest One Quarter of Quarter Section
70 of Rancho de la Nacion, in the County of San. Diego, according
to r?ap I1o . 1 G6 on file in the office of the County P.ecorder of
San Diego County, described as follows:
Beginning at the Soutllcvest corner of said Quarter Section 70;
thence along the 4?esterly line of said Quarter Section 70 North
13°04'05" ~~est a distance of_ 193.42 feet to the Northeasterly
corner of Lot 19 of San Simeon L'nit No. 1, according to Map there-
of P1o. 6353 filed in the office of the County Recorder of San Diego
County, Play 8, 1969; thence continuing along said VTesterly line of
~?uarter Section 70 North lE°04'05" ~~'est a'distance of 92.94 feet
to the Southeasterly corner of Lot 86 of San Simeon Unit Pio. 2,
according to Ptap thereof Ito. 6489 filed in the office of the County
Recorder of San Diego County September 25, 1969, being also a
point on a non-tagent 460.00 foot radius curve concave North-
easterly, whose center bears Ilorth 15°21'52" Last; thence Easterly
along the arc of said curve tYirough a central angle of 15°32'52"
a distance of 124 .83 feet; thence tangent to said. curve P:orth
89°49' 00" Last 429.36 feet to tree G7esterly line of that portion
of land conveyed by San Diego Land Company to Southern California
P~Iountain ~~Tater Company by deed dated F,pril 11, 1912, and recorded
in Boo}: 510 Page 113 of deeds, being also a point on a non-tangent
366.48 foot radius curve concave I~}ortheasterly, whose center bears
Ilorth 32°40' 20" East; thence Southeasterly along said ~^iesterly
line and along the arc of said curve through a central angle of
2°25'45" a distance of 15.54 feet; thence tangent to said curve
and along said.V?esterl.y line South 59°49'25" East a distance of
115.88 feet to the Southerly line of said Quarter Section 70;
thence along said Southerly line South 71°43'05" ~^Test 607.94
feet to the TP.UE POIP~T OF L-'I:GI~~TIIP~G.
Contains 2.309 acres.
Revised 2/17/75 ~1.P.b2.
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