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Home My WebLink AboutReso 1970-5882' Form No. ?42 F~.ev- ~1-69 RESOLUTION NO. 5882 RESOLUTION OF THE CITY COUNCIL OF THE CITY 0~ CHiJLA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CH°sJL.~a VISTA AND ALLIED CONTRACTORS INC. FOR PURCHASE OF CERTAIN REAL PROPERTY IN SOUTHWESTERN COLLEGE ESTATES AND APPROPRIATING FUNDS THEREFOR AND AiJTHORI2ING THE MAYOR TO EXECUTE SAID AGREE:ME'NT The City Council of the City of Chula V,~sta does hereby reso~_ve as follows : NOW, THEREFORE, BE IT RESOLVED tY'ia.t that certain ~greem=rt between THE CITY OF CHULA VISTA, a municipal ~°oxporatzor,, and Allied Contractors, Inc., a California corporation, for purchase of certain real property in Southwestern College Estates for park purposes dated the 22nd day of December 1970 ~ ~.opy cf rN.ril~h ~.s attached hereto and incorporated herein, the game as thoa~gh tu~~:y see; forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $43.292.00 be appro- priated from the unappropriated surplus of the General Fund for the purposes set forth hereinabove. BE IT FURTHER RESOLVED that the Mayor of true C.~ty ;~i Cry V~,sta be, and he is hereby authorized and directed to execute va,93 agreement for and on behalf of the City of Chula. Vise-a~ b~r~~se~~.ted by Approved as tc~ fo~`_rr_ by ~ ~ ~ Y William G. Jasine Director of George D. Lindberg, City Attorney Parks and Recreat on ADOPTED AND APPROVED by the CITY COUNCIL of ~IISTA, CALIFORNIA, this 22nd day of December following vote, to-wit: AiFS : Counci l.men Scott, Hobel, Hamilton, Hyde; Egdahl NAYES: Councilmen None ABSENT: Councilmen None ~____ Mayor of the C ~ ty f C}- ~.. ~ ~ V ~. s t . ATTIJ~ T City Clerk ~`I`AT'F OF CALIFORNIA + COUNT ~ OF SAN DIEGO tl ss , C~~:''I'Y OF CHULA VISTA ;',~ I ~ City Clerk ;zf the Cx ty ~~ ~:t~.,a ~T.~ ta, California, DO HEREBY CERTIFY that. the above is a t,. L °~, ir.~: z c. ~.~.~.~e~°t copy of Resolut~an No. and that the Sarre ?~a~ ~ ~~::? ... _. aznersded or repealed. DATED the CITY OF f°H;J1..={ i 9 70 1~ j; *. ~ ~: City Cler AGREEMEbIZ' FOR THE PURCHASE AND SALE OF CERTAIN 'i:EAL PROPL,R';'Y LOCATED ITv THE CITY OF CHULF, VISTA, CALIFORNIA FOR PROPOSED PARK SITE IN SOUTI-iWESTERN COLLEGE ESTATES THIS AGREEP.ENT, made and entered into this 22nd. day of December , 19 70, by and between the City of Chula Vista, a municipal corporation whose address is 276 Fourth Avenue, Chula Vista, California, .hereinafter referred to as "Purchaser" and Allied Contractors, Inc., a California corporation with offices located at 9250 4dilshire Boulevard, Suite 404, Beverly Hills, California, here- inafter referred to as Seller; W I T N E S S E T H TrTHEREAS, Seller is the owner of certain real property, hereinafter described, being a parcel of record located in the County of San Diego, State of California, described as lots or a portion of a lot or lots of record, and WHEREAS, Seller wishes to sell, and Purchaser wishes to purchase said real property, to be used for park purposes in the City of Chula Vista, County of San Diego, State of California, and WHEREAS, the parties hereto have reached an agreement which they now wish. to reduce to writing. NOG3, THEREFORE, IN CONSIDERATION OF THE PREMISES contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Seller agrees to sell, and Purchaser agrees to purchase that certain real property situate in the County of San Diego, State of California, more particularly described as follows: That portion of Quarter Section 10, Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to map thereof No. 166,-filed in the office of the County Recorder of San Diego .County A?ay.ll, 1869, described as follows: Beginning at the most Easterly corner of Lot 230 of Southwestern College Estates Unit No. 2, according to Map thereof No. 5888, filed in the office of the County Recorder of Sar. Diego County, May 18, 1967; thence along the Northeasterly prolongation of the Northwesterly line of Elmhurst Street as shown on said Map No. 5888, Dlorth 55°05'16" East 95.77 feet to the Southeasterly corner of land described in deed, to Chula Vista City School Dis- trict, recorded January 15, 1969, as Document No. 7992, said corner being the TRUE POIDIT OF BEGIIv'NING; thence along the Idortheasterl~ line of said lard North 34°54'44" West 418.35 feet to the Northeasterly boundary of said Lot 230; thence along said Northeasterly boundary IQort`? 17°33'10" West 264.90 feet to the Northeast corner of said Lot 320 being also a point on the Northerly line of Quarter Section l0; thence along said Northerly line North 72°26'50" East 661.27 feet; thence at right angles South 17°33'10" East 275.44 feet; thence .South 36°09'47" West 222.00 feet; thence South 62°46'59" West 74.67 feet; thence South 70°39'15" West 145.33 feet; thence South - 1 - ~~~ 5~~~. f~,. ~"~ ..r.: ~~ rya 36° 39' 18" West 68,57 feet; thence south 34° 54' 44" East 147.21 feet to a point in a non-tangent curve con- cave Southeasterly having a radius of 326.00 feet, the center of which bears South 36° 58' 46" East through said point; thence Southwesterly 70.48 feet along the arc of said curve through a central angle of 12 23' 14" to a point of reverse curve concave Northwesterly havin~ a radius of 274.00 feet and whose center bears North 4g 22' 00" West; thence along the arc of said curve 69.12 feet through a central angel of 14° 27' 16" to the TRUE POINT OF BEGINNING. 2. The purchase price therefor shall be the sum of FORTY- THREE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS ($43,282.00). 3. Purchaser agrees to open an escrow on or before January 31, 1971 and to deposit into said escrow said sum of FORTY-THREE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS ($43,292.00). It is understood and agreed that said escrow shall be closed on or before February 28, 1971. All escrow fees to be paid by Purchaser. 4. The title to said property is to be conveyed free and clear of all liens and encumbrances but subject to the following: (a) A slope rights easement adjacent to Lot 366, Southwestern College Estates Unit No. 4, Map No. 6408, over the - property described in the attached Exhibit A; (b) An easement for the acceptance of water from the drainage structures installed in the aforesaid Unit No, 4; (c) A covenant on the City's part to improve, in accordance with City street requirements, the extension of "H" Street along the property conveyed to the City at such time as "H" Street is improved adjacent on the East of said property; and (d) Covenants, conditions, restrictions, easements, right and right-of-way of record approved by Purchaser within fifteen (15) days after Purchaser's receipt of preliminary title report. If Purchaser objects to any matters on the preliminary title report, Seller shall have thirty (30) days after receipt of written objection within which to attempt to remove the matter objected to, and failing to obtain such removal, the escrow may be terminated by either party, in which event this agreement shall also terminate without liability to either party. At the. expense of the Purchaser, the Seller shall furnish Purchaser a policy of title insurance insuring the title of Purchaser to be free and clear of all matters other than those mentioned hereinabove. 5. The ad valorem taxes, sewer and water charges including standby charges, whether a lien or not, assessed or to be assessed for the tax year 1870-71, shall be paid by Purchaser on a pro-rata basis, and be Purchaser's sole responsibility for all years after close of escrow. 6. This agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, -2- _ ,~f' I ~~ ~, ,~, successors or assigns. IN WITNESS WHEREOF the Purchaser and Seller have executed this agreement on the month, day and year hereinabove set forth. THE CITY OF CHULA VISTA Mayor ~~ ATTES'~~ ~>. ~~ ~ F ~~~. ?~ .: '/ ~ ~ ~ i y C1erT~~ ~/ ALLIED CONTRACTORS, INC. By: ce Presi'aen~ Secre~ary APPROVED AS TO FORM BY ~ Attach Notary Acknowledgment. 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