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Home My WebLink AboutReso 1972-65261 4 Form No. 342 Rev. 9-71 RESOLUTION NO. 6526 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY HOSPITAL OF CHULA VISTA RELATIVE TO ACQUISITION OF STREET RIGHT-OF-WAY TO BE KNOWN AS BRANDYWINE AVENUE 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 between THE CITY OF CHULA VISTA, a municipal corporation, and COMMUNITY HOSPITAL OF CHULA VISTA, a non-profit corporation, relative to acquisition of street right-of-way to be known as Brandywine Avenue dated the 25th day of July 1972 , 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 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 Approved as to form by ,, George Lindberg, City Attoxx~j~y George D. ndberg, City Attorne / ADOPTED AND APPROVEDC by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25th day of July 1972 by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None .~~ ~ ~ f ,• y ~~ ~ ~ ~ % s ~j Mayor of the City of Chula Vista ,' ATTEST City Clerk C.,; STATE OF 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk AGREEMENT WITH COMMUNITY HOSPITAL OF CHULA VISTA RELATIVE TO ACQUISITION OF STREET RIGHT-OF-WAY TO BE KNOWN AS BRANDYWINE AVENUE THIS AGREEMENT, made and entered into this 25th day of July , 1972, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the COMMUNITY HOSPITAL OF CHULA VISTA, a non-profit corporation, herein- after referred to as "Hospital"; W I T N E S 5 E T H WHEREAS, the City of Chula Vista has heretofore designated certain right-of-way for street purposes in the City of Chula Vista, to be known as Brandywine Avenue, and WHEREAS, said right-of-way is essential to provide access to for the development of certain properties by Community Hospital of Chula Vista for hospital purposes, and WHEREAS, it is necessary that Community Hospital of Chula Vista secure said right-of-way and install improvements thereon in accordance with specifications of the City of Chula Vista, and WHEREAS, Hospital has been unable to acquire by negotiated purchase said necessary portion of the proposed Brandywine Avenue right-of-way, and the City Council of the City of Chula Vista has heretofore authorized the City Attorney to exercise the power of eminent domain on behalf of the City of Chula Vista to effect said acquisition. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Community Hospital of Chula Vista hereby agrees to deposit with the City of Chula Vista the sum of Twenty-Five Thousand Dollars ($25,000.00) prior to the filing of any complaint in the action of condemnation contemplated by the terms of this agreement. 2. Said deposit shall be used by the City of Chula Vista for the acquisition of the right-of-way for that certain street to be known as Brandywine Avenue, 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. 3. 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. 4. Hospital agrees to pay any filing fees or other admini- strative costs involved in the preparation and filing of a complaint in an action of condemnation for the acquisition of said property. 5. 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, Hospital 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 payment for the services of said attorney shall be made directly by Hospital and the City of Chula Vista shall assume no responsibility for any attorney fees or other costs of litigation. In addition thereto, Hospital shall retain an appraiser at their sole expense to provide any necessary appraisal in the suitable form for use in said condemnation proceeding. Said appraiser and any other expert witnesses required shall be paid directly by Community Hospital and City shall assume no responsibility for said payments. 6. City of Chula Vista agrees to pass a resolution author- izing condemnation proceedings for the acquisition of the aforementioned street right-of-way. 7. 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 Hospital for hospital pur- poses. 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. 6526 of the City Council of the City of Chula Vista, and Hospital has caused this agree- ment to be executed, as duly authorized, the day and year first herein- above written. THE CITY OF CHULA VISTA ~~// i ~ omh as D Hamil~o~ , ~Jr. , Mayor ~ COMMUNITY HOSPITAL OF CHULA VISTA By: Albert,J." e a President B izabet Gall' n, ` Secretary reasurer APPROVED AS TO FORM BY _, George Lindberg, City Attor~~ ~~s~~.~ 1" ;,.. r~ ~li~~tCi~~, ~~~~~~IS SQL ~~'~'~~Il~B - J ~ C" _ .,~ Civil Engineering • Land Surveying .Land Planning „- ... ." T ~~ 2G11 Adams Ave • San Diego, California 92116 i ~'~~5 r ~ James W. Craig E ,.~i,; , ,. ~ R.C.E. 9136 • Raymond J. f3ulthuis "~ ~%' - 1 i ~ .: ~ R.C.E. 13745 ~~' L William R. Nothomb t" L.S. 2813 r, ~-~ 297-3974 w.o.# 1171 July 19, 1972 COi'NMUNITY HOSPITAL - CTNLA VISTA Legal Description for Acquisition of Right of Way for Brandycaine , Chula Vista All those portions of Quarter Section 67 and Quarter Section 68 of Rancho de la Nacion in the County of San Diego, State of California, according to D4ap there of PJo. 166 filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at a point on the Westerly line of the Easterly half of said Quarter Section 67 distant thereon South 17°53'14" East 990.00 feet from the Northerly line of said Quarter Section 67; thence South 72°10'46" West 44.82 feet to the beginning of a tangent 472.50 foot radius curve concave Northerly; thence along the arc of said curve through a central angle of 26°35'43" 219.32 feet to the begin- nillg of a compound 22.50 foot radius curve concave Northeasterly; thence along the arc of said curve through a central angle of 86°40'36" 34.04 feet to a point on a 840.00 foot radius curve concave Westerly, the center of which bears North 84°32'55" West; thence along the arc of said curve through a central angle of 21°06'05" 309.36 feet; thence tangent to said curve North 15°39'00" West 445.00 feet to the beginning of a tangen~ 760.00 foot radius curve concave Southeasterly; thence along the arc of said curve through a central angle of 60°08'00" 797.64 feet; thence tangent to said curve North 44°29'00" East 250.00 feet to the beginning of a tangent 840.00 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 18°13'06" 267.10 feet; thence tangent to said curve North 26°15'54" East 98.00 feet to the beginning of a tangent 22.00 fcot radius curve concave Southeasterly; thence along the arc of said curve through a central ancxle of 90°00'00" 34.56 feet to a point on the Southerly Right of Way line of Telegraph Canyon Road (R.S. 108b) said point bears South 26°15'54" West 30.00 feet from Station 117+$4.77 on said R.S. 1086; thence along said Southerly Right of Way Line North 63°44'06" West, (shoran as South 64°08'30" East on said R.S. 1086}, 124.00 feet to the beginning of a non-tangent 22.00 foot radius curve concave Southwesterly, the center of which bears South 26°15`54" West; thence along the arc of said curve through a central angle of 90°00'00" 34.56 feet; thence tangent to said curve South 26°15'54" West 98.00 feet to the beginning of a tangent 760.00 foot radius curve concave Northwesterly;, thence along the arc of said curve through a central angle of 18°13'06" 241.66 feet; thence tangent to said curve South 44°29'00" West 250.00 feet to the beginning of a ~,~~~~r~~r~' _ .. -zc- .,.~ ~.;~~~ ~. ~ . - 7~- ~T • _ _ ~ James W. Crait; . ~itL~iG, 3UL°1`~Ul~ ~ IlT~~~3~11/~B R.C.E. 913G Raymond J. E3ulthuis >~ R.c.F. 13~a~ '~' ~ 'Civil Engineering • Land Surveying • Land Planning William R. Nothomb L.S. 2813 -,.~,A °`•''~~° ', 2611 Adams Ave. • San Diego, California 92116 297-3974 ..`- "" W.O. # 1171 Chula Vista Community Hospital - Legal Description, continued tangent 840.00 foot radius curve. concave Southeasterly; thence along the arc of said curve through a central angle of 60°08'00" 881.60 feet; thence tangent to said curve South 15°39`00" East 445.00 feet to the beginning of a tangent 760.00 foot radius curve concave iesterly; thence along the arc of said curve through a central angle of 27°44'53" 368.06 feet; thence along the prolongation of a radial line to said curve South 77°54'07" East 80.00 feet to the beginning of a non-tangent 22.50 foot radius curve concave Southerly, the center of which bears South 77°54'07" East.; thence along the arc of said curve through a central angle of 86040'36" 34.04 feet to the beginning of a reverse 527.50 foot radius curve; thence along the arc of said curve through a central angle of 26°35'43" 244.85 feet; then~'e tangent to said curve North 72°10'46" East 44.88 feet to said Westerly line of the Easterly half of Quarter Section 67; thence alone said Westerly line North 17° 53'14" West 55.00 feet to the point of beginning. Contains 4.603 acres. See City of Chula Vista Drawing entitled Street Dedication Brandywine t7_~~t and Unnamed Street. ,~a , o"~~ t~ ~ ~~ ~ ~ ~~~ r'~ ~~,~~ Q, .~~1 `~~~ v i2 G ~~ `fir/~6 f ~l~P r"~ ~:; .. _.. ... ~. r r~ _.r- ~_ -•