HomeMy WebLinkAboutReso 1973-6751RESOLUTION N0. 6751
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTP.TIVE MAP OF A SUBDIVISI01`1
TO BE KNOWN AS APOLLO UNIT NO. 3
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Planning Commission of the City of Chula
Vista and the City Council of the City of Chula Vista have hereto-
fore disapproved that certain tentative map of a subdivision to be
known as Apollo Unit No. 3 based upon a dispute as to the conditions
attached thereto and recommended by the Planning Director and the
Director of Public Works, and
WHEREAS, as a result of said disagreement, the subdivider,
Time Development Company, filed a petition for a Writ of 1`?andate
in Superior Court of the State of California in and for the County
of San Diego, being the case of Time Development Company,
Petitioner v. City Council of the City of Chula Vista, Respondent,
known as Case No. 331976, and
WHEREAS, the Court as a result of the pleadings and
hearings in said action did issue a judgment that a Peremptory Writ
of DZandate issue, a copy of which is attached hereto and incorporated
herein by reference as if set forth in full and marked as Exhibit
"A", and
WHEREAS, as a result of the hearings, a settlement of the
dispute has now been arrived at between Time Development and the
City Council of the City of Chula Vista, and
WHEREAS, that certain tentative map, marked as Exhibit
"B", and attached hereto and incorporated hereby by reference as
if set forth in full, is now to be approved by the City Council of
the City of Chula Vista subject, in addition to the standard sub-
division requirements of the City of Chula Vista as herein modified,
to the following conditions:
1. The full width right of way of that certain street
to be known as Orange Avenue, located southerly of the
proposed subdivision and extending from the westerly
to the easterly boundary of said subdivision, shall be
dedicated to the City of Chula Vista for street purposes.
2. The property located between the southerly boundary
of the proposed subdivision and the northerly boundary
of Orange Avenue, designated as Lot A on the attached
map marked as Exhibit "B", shall be granted in fee to
the City of Chula Vista provided, further, that no
landscaping and permanent irrigation system shall be
installed by the subdivider.
3. There shall be installed a uniform fence five feet
(5') in height for the full length of the southerly
boundary of the subdivision and further the maintenance
of the fence shall be provided and secured, by the homeowners,
through the conditions, covenants and restrictions imposed
upon the subdivision as approved by the City of Chula Vista,
which deed restrictions shall include the City of Chula
Vista as a party to said restrictions and allowing
enforcement of the restrictions by the City.
-1-
4. City shall grant necessary slope rights along the
southerly boundary of the subdivision extending into
the area designated as Lot A on the attached Exhibit
"B", provided, however, that no slope rights shall
intrude into the dedicated right of way for Orange
Avenue.
5. The location of Brandywine Avenue, as shown on
Exhibit "B", shall be acceptable to the City in accor-
dance with the alignment and grade as approved by the
Director of Public Works of the City, and as shown
on said Exhibit "B".
6. That portion of Brandywine Avenue located within
the boundary of the subdivision shall be improved in
accordance with the requirements of Section 28.902 of
the Chula Vista City Code.
7. Lot depths shall be as shown on said tentative sub-
division map notwithstanding the fact that some of said
lots do not meet the standards as required by Section
28.908 of the Chula Vista City Code. The four lots as
shown on said Exhibit "B" fronting on Brandywine Avenue
are approved, provided, however, that said lots shall
have concrete "T" driveways in order to permit egress
from the lots by vehicles moving in a forward motion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that said Council does hereby approve said ten-
tative subdivision map in accordance with the conditions set forth
hereinabove.
BE IT FURTHER RESOLVED that it is understood and agreed
that said subdivision map subject to said conditions is accepted
as a settlement agreement between the City of Chula Vista and Time
Development Company, and it is understood. that Time Development
Company will, upon the filing, approval and recording of the final
map of said subdivision, vacate the Peremptory Writ of Mandate and
dismiss the petition filed in the case of Time Development Company
v. City Council of the City of Chula Vista, being Case No. 331976
in the Superior Court of the State of California, for the County
of San Diego.
Presented by
Approve
~~~~ ~ ~~ a ~~r>
Geo' rg~e D. Lindberg, City Att ey George D
d as to form by
~ Lindberg, City Attorn
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF' THE CITY
OF CHULA VISTA, CALIFORNIA, this 20th day o~ February ,
.197 3, by the following vote, to-~ai~:
AYES : C~~.nc~.~.m~ ~. Scott, Hamilton, Hyde, Egdahl
NAYES : C ~ u~i C~€.-1'r~ e n None
ABSENT: C~uncti2men None
ABSTAIN: Councilmen Hobel
ATTE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ~ ss.
CITY OF CHULA VISTA 1
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