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HomeMy WebLinkAboutReso 1971-6267Form No. 342 Rev. 9-71 RESOLUTION N0. 6267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD W. AND MARIAN B. WILSON AND GORDON AND ELSA MARSTON PETTIT FOR EXCHANGE OF LAND ADJACENT TO CHULA VISTA MUNICIPAL GOLF COURSE 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 RICHARD W. AND MARIAN B. WILSON and GORDON AND ELSA MARSTON PETTIT, for exchange of land adjacent to Chula Vista Municipal Golf Course, dated the 16th day of November 1971 , 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 Lane o e, irec or o u is Works ADOPTED AND APPROVED by the CITY VISTA, CALIFORNIA, this 16th day of the following vote, to-wit: Approved as to form by ~, ~ ~ ~ ~ ~ ~ ~~ ,, ~ /.~. George If. Lindberg, City Attorney COUNCIL of the CITY OF CHULA November 19 71 by AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT : Councilmen None ATTEST 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 RESOLUTION N0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RELEASE OF CERTAIN DOCUMENTS FROM THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA The City Council of the City of Chula Vista does here- by resolve as follows: WI3EREAS, in conjunction with the exchange of certain properties adjacent to the Chula Vista Municipal Golf_ Course, the City has heretofore entered into certain agreements provid- ing for the installation of certain improvements with the owners, Richard 64. Wilson and Marian B. Wilson and the Bank of America National Trust and Savings Association, and WHEREAS, said agreements and amendments, copies of which are attached hereto and incorporated herein as if set forth in full, were inadvertently recorded in the office of the County Recorder of San Diego County, File/Page No. 280432 and No. 280433, and WHEREAS, monies for the completion of said improvements have been deposited with the City of Chula Vista and said agree- ments need not have been recorded. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said agreements recorded in the office of the County Recorder, San Diego County, California on File/ Page Nos. 280432 and 280433 be, and the same are hereby authorized and approved for release by the City Council of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record this resolution in the office of the County Recorder of the County of San Diego, California. Presented by ~~ ~- ~ ~~ Georg' D. Lindberg, City Att~~ney Approved as to form by _.\ ,,-- 1 ~~ ~~ s /~ '. i ~ ~ `_ e ~'" George D Lindberg, City Attor_ y a~~~~ 7 Form No. ~4~ ' Rev. 1?.-69 ~ , RESOLUTION NO. 6144 RESOLUTION OF THE CITY COUNCIL OF TiiE CITY Cl' CHULA VISTA, APPROVING AGREEMENT DETWEEN THE CITY OF CHULA VISTA AND .RICHARD W. AND N}ARIAN B. WILSON AND BANK OF AMERICA FOR F;XCHANGE OF LAND ADJACENT TO CHULA VISTA MUNICIPAL GOLF COURSE AND AIJ'I'k30RI Z ING THE MAYOR `1'O EXECUTE .SAID AGREEb11NT The City Council of the City of Chula. Vista does herby reso?.~-e as follows NOW, THEREFORE, BE IT RESOLVED that that certain agre~m~r;t between. THE CITY OF CHULA VISTA, a municipal corporation, and RICHARD W. AND MARIAN B. WILSON, husband and wife as joint tenants, as to an undivided loo interest and BANK OF AMERICA, as to an undivided 90% interest for exchange of land adjacent to Chula Vista Municipal Golf Course dated the_ 2 7th day of July l 9 71 , a copy of c,: t; ;. rh i.s atta^hed hereto and incorporated herein, the same as .hough ±~~ly sc* forth herein be, and the same is hereby approved. BE IT FUR`T'HER RESOLVED that the Mayor of the City ai C}~~ • a Vs..sta btu, and he is hereby authorized and directed to E:~ecute ~,a;~; a.~~.recmen 4 for and on berialf: of the City of Chula. V~. st a , Prese~ ._ :d by Approved. as to f~or~:~ by ~ /ref /, ~ ~'~ i~l`~ " -~ ~ ~~_~/ ~~, Thomas D. Hamm, Jr., Mayo Georg D. Lindberg, City Ater ey ADOPTED AND APPROVED by the CITY COUNCIL of. the CITY.' CtF ~~H~Ji.r ~IISTA, CALIF'ORNTA, this 27th day of July 19 71 ~:y r.~e following vote, to-wit: ~ ~~ ~ .~__. AY~~S: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NP.~'ES : Councilmen None AI35FNT: Counciim n None r' ~ City C~i r h . /~ `.C'_'TF?. OF CALIFORNIA C;`.,NTi' C'r' SAN DIEGC) ~ ss. C -:.'T Y CF' CHULA VISTA I . _ _ _ _, City C:~erk 1t t }:e C~ t~~ ~?:..-tu, C;/.?.ifornia, D~ ii~:RFBY CERTIT~'Y~that the :~bo~~e ~s ._. s.~.i~, ~. .... t copy of R< ._ o'_ u t ~ o:; n~o , anal t1~at tF.e ~ ur:~t_ ~. «~ ~~~ .. ? ~<.. r7 r1.L r f~rJ ' J : E'. d D.AT iJ~ D ~~. ~~~ ~ AGREEMENT FOR EXCiiANGE OF LAND ADJACENT TO CHULA VISTA MUNICIPAL GOLF COURSE - THIS AGREEMENT, made and entered into this 27th day of ~Tuly 1971, by and between THE CITY OF CHULA VISTA, -_-_ -_ _ municipal corporation, hereinafter called "City", and RICHARD W. ~IILSON AIdD MARIAN' B. WILSON, husband and wife as joint tenants as to ~n undivided 10% interest and BANK OF AMERICA, NATIONAL TRUST AND SAVINGS ASSOCIATION, as to an undivided 90% interest, hereinafter =alled "Owners"; W I T N E S S E T H WHEREAS, Owners possess certain parcels of land designated ~s Parcels A and B contiguous to the Chula Vista Municipal Golf. Course, -and City owns a parcel of land designated as Parcel C, being a portion -~f the Chula Vista Municipal Golf Course, which parcels are shown on she plat attached hereto as Exhibit "A" and described in Exhibit "B", ttached hereto and made a part hereof by reference as if set forth ~_n full , and WHEREAS, it is mutually advantageous to Owners and City to xchange said parcels, and WHEREAS, City desires to grant Parcel C in fee to Owners and owners d<~sire to grant Parcel B in fee to City and to grant to the -ity an unrestricted easement over Parcel A, all as shown in Exhibits "A" and "B", and WHEREAS, said properties are approximately equal in size and ?wners further agree to certain terms and conditions as consideration ~f said Pxchange as set forth herein. NOW, THEREI'ORL', in consideration of the premises and for ether good and valuable consideration, receipt of which i.s hereby acknowledged, the parties hereto mutually agree as follows: 1. Owners hereby agree to grant to City in fee that certain Niece of property designated as Parcel'B and to grant an unrestricted easement over that certain property designated as Parcel A, as shown ~n Exhibi_t "A" and described in Exhibit "B", attached hereto and made a part hereof by reference as if set forth in full. 2. City hereby agrees to grant to Owners in fee that certain property designated as Parcel C, as shown on Exhibit "A" and described in Exhibit "B", attached hereto and made a part hereof. by reference as if set forth in full. 3. Owners agree to install a sidewalk in accordance with Mans and specifications approved by the Director of Public Works along the frontage of Parcel B. 4. Owners additionally agree to install 140 feet of drainage pipe, 43 inches by 27 inches corrugated metal pipe arch fully lined or the equivalent thereto or such additional feet as may be required to connect to the outlet of similar culvert located under' Bonita Road. 1 ~~~~ ~ 5. Owners agree to pay for a Letter of Opinion to be requested from band counsel, O'Melveny & Myers, by the City Attorney assuring City that the transfer of 1<-~nd proposed will in no way affect the rights of the bondholders of the bonds issued for the purc~iase of the Municipal Golf Course and City will have no liability arising from said exchange. 6. Owners and City agree to share equally the costs of escrow and to provide a good title policy for the respective properties. IN WITNESS h'HEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THI~JL C~,TY OF CH LA VISTA OWNERS Mayor of the City bf Chula Vist/av Richard W. Wilson ~\ ATTEST i~ _ / > ~ - ,O _~ / City Clerk ~ Marian B. Wilson Approved as to form by ~~~'~_` :~ ~~~ c'~<2c~/ice-lam.-~;- ''` r / Georg D. Lindberg, City At~.~ney BY: Bank of America Assistan t Vice President. /~~d ~ `~ ~~,~~ . FsT,~ ~~'`e .,~ _,~ ~j ~ `~ _.1 .` i' v v l h . ~ ~~ H~ ~ ~-\~. ~. ~-t \ f .-..~_ \ _~_ ._ yr ~ ~~ I - ~ ,_ ~~~ ~I i ~~ ~ ca ~ ~; ~ ~~ ~ I~ ~,~ _ i 1; . ~ ~ ;:. 1 ~ ~~ 1 y' - r l . ~ ~ v ;- ~ .. ~ ~~ ~a ~~ ,ti_ ~ ~ 1 -'`''` ~-~- ~ ~~ - ~ ~ ~'~ ~ ~. ~'~, Exhibit "A" :~ V ~~ V ~ ~ ~ ~ .~ j ~ ~~~ v '~ ~~ c~ .~ ~ ~~ ~ ~o ~ ~ `' L ~~ ~ ~ `~ . ~ ~ ~~ ~, E'! ,=" ,, J k „, . , ~ i ._ !` v , ~ c: ~~~~ EXHIBIT "B" PARCEL "A.. An easement to the City of Chula Vista, to be used for any reasonable purpose determined by the City Council to include but not limited to Golf Course maintenance, road and equestrian trail over, under upon and across that portion of Quarter Section 58 of Rancho de llong Nacion, in the City of Chula Vista, County of San Diego, State of Calif- ornia, according to ~~iap thereof No. 166, filed i.n the office of the County Kecorder of San Diego County, May 11, 1869, described as follows: Commencing at the intersection of the center line of County Road Surve No. 558 (Boni.ta Roacl) with the center line of County Road Survey No. Y 1007 (Allen School Roac}) as sho?,~n on Record of Survey A4ap No. 7377, filed in the office of the County Recorder of San Diego County, 1`-}arch 18 1971, thence along the North?,~esterly prolongation of the center line of said Allen School Road, North 34°37'17" 1Vest, 51.16 feet to the Northerly boundary of t}iat portion of County Road Survey No. 1295 as described in deed to the County of San Diego, recorded Aiarch 31, 1961 as File No. 560"/5; thence continuing along said prolongation North 34°37'17" }Pest, 219.62 feet: to a point on the arc of a 1270.00 foot radius curve, con- centric with that 1020.00 foot radius curve, concave Southeasterly, in the Northwesterly boundary of said County Road Survey No. 558, a radial line of said curve bears North 30°43'13" VVest to said point and being the TRUE POINT OF BEGINNING; thence parallel ?,pith and 250.00 fees Northerly and Nortlieasterl}r of the Northerly and Northeasterly boundary of said Counf:}' Road Suz-ve r r the arc of said curve } nO. 558 as follo?as: Easterly aloe; through a central angle of 08°1.1'06" of 181.43 feet; tangent to said curve North 67°26'43" East, 77~41tfeet to the begi.nni_ri~ of a tangent 470.00 foot radius curve, concave Southerly; and Easterly along the arc of said curve through a central angle of 28°47'32" a distance of 236.19 feet• thence leaving said boundary South 83°20'18" Nest, 150.11 feet; thence~South 70°56'04" ?Vest, 82.15 feet; thence South 67°26'45" Nest, 77.41 feet thence South 67°08'54" Nest, 180.81 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the Westerl>' b5. 00 feet thereof, PARCEL '0B" T}ia.t portioli of Quarter Section 58 of Rancho de la Nacion, in the City of Chula Vista, County of Sari Diego, State of California, accordins to i`fap thereof No. 166, filed in the office of the County Recorder of Sa.z .Diego County, l~ta}' 11, 1869, described as follows : Can.mencing at the intersection of the center line of County Road Surve• No. 5SS (Bonita Road) ;~_ith the ce~iter line of County Road Survey No. y lOG I (:Alen School Road) as sho?•,~n on Record of Surve r r, , -, filed in the of}-ice of the Count~~ I:ecordcr of San Dic oaPou~t •7J;.+7' 1971; thence along the ;v`orthi~~esterl ~i-ololi g ) ~ .arch 1S, Y } gation of the center line -~ ~:~!~ }~.~ ~~ } o t .; PARCEL "B" ~Cozit . ) of said Allen School Road, North 34°37'17" Nest, 51..16 feet to the North- erly boundary of that portion of County Road Survey No. 1295 as described in deed to the County of San Diego, recorded ltlarch 31, 1961 as Filc No. 56075; thence continuing along said prolongation North 34°37'17" West, 219.62 feet to a point on the arc of a 1270.00 foot radius curve, con- centric with that 1020.00 foot radius curve concave Southeasterly in the Northt`~esterl.y boundary of said County Road Survey Na. 558, a radial line of said curve bears North 30°43'13" Rest to said point; thence parallel with and 250.00 feet Nartherly and Northeasterly of the North- erly acid Northeasterly bcundax}T of said County Road Survey No. 558 as follot~rs: Easterly along the arc of_ said curve through a central. angle of 08°11'06" a distance of 181.43 feet; tangent to said curve Narth 67°26'43" East, 77.41 feet to the beginning of a tangent 470.OG foot radius curve, concave Southerly; Easterly along the arc of said curve through a central. angle of 64°1.8`00" a distance of 527.46 feet; and tan- gent to said curve South 48°15'17" East, 0.47 foot to the TRUE POINT OF BEGINNING; thence continuing South 48°15'17" East, 222.56 feet to the Northerly boundary of said. County Road Surve}T No. 1295; thence along said Northerly boundary North 83°30'54".West, 188.21 feet to a line which bears South 09°22' 30" }Hest from +he TI:UF. POINT OF BEGINi~'ING; thence North 09°22'x0" East, 12.8.65 feet to the TRUE POINT' OF BEGINNING. The grantee City of Chula Vista agrees not: to construct any structures within easement. parcel "A" above, without the express written consent of the grantors herein. PARCEL "C" That portion of Quarter Section 5S of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 1.66, filed in the Office of the County Recorder of San Diega County, ~iay 11, 1869, described as folloi~~s: Commencing at the intersection of the center line of County Road Survey No. 558 (Bonita Road) with the center line of Cowzty Road Survey iJo. 1007 (r111en School 1Zoad) as shot,n on Record of Survey i~1ap No. 1377, filed in the office of the County Recorder of San Dieho County, ?larch 1S, 1971; thence along the Northwesterly prolongation of the center line oi- said 1111en School Roacl, North 34°37' 17" 1't'est, 51..16 feet to the Northerly boundary of that portion of County Road Survey No. 1295 as, described in deed to the County of San Diego, recorded March 31, 1961. as ;~ile No. 56075; thence continuing along said prolcnga~ion North 34°:~7' 17" t','est, 219.62 feet to a point on t}tc arc of a 1270.00 foot radius curve, concentric ~tiith th._it 1020.00 foot radius curve, concave Sout.}teasterl~~, in the Narthwesterly boundary of said County load Surve~r No. :~58, a radial line of said cur•~rc bears North 30°43'13" lti'est to said point; thence parallel tti~ith and 250.00 feet Northerly anal Nal~theasterl}' of the Northerly an~1 Northeasterl~~ bounclarv of said County Ro~.cl Survey No. 558 as i:ollo<<~s: l~ast.erly alone; the arc- of said curve throt~,;h a central angl ef. 08°I1'OV" a dist;~nce of 1S1.-13 feet; tangent to said curve North 67°26'•13" East, 77.41. feet to the heginninlT o_L' a tange~it 470.00 foot radius curve, cancavc Sotitlicrly and }:,steel}' alo~:~ the arc. of said cttirve tltrauc~h :: central :title of 2S°47'32" a distance o}_ 23(;.19 feet to the 'I'hllE I'O1N1' OI~ BEGINN1Nc.~; thence continuing ;alan« s,lic} }~;tr;illel ~~ ~ E,, I';~,~ a i~ :i %~ PARCEL "C" (font boundary as follows: continuing Easterly along the arc of said curve through a central angle of 35°30'28" a distance of 291.27 feet and tangent to said curve South 48°15'1.7" East, 0.47 foot; thence leaving said boundary North 09°22'30" East, 152.42 feet to a line which bears North 83°20'18" East from the TRt?E POINT OF BEGINNING; thence South 83°20'18" Nest, 289.00 feet to the TP.UE POINT OF BEGINNING. r ~'~L Pa..t~ :~ o i~ 3 AMENDP~II;NT TO AGRIsET1ENT P'OR E:~CIIANGE OF LAND ADJACENT TO CfIULA VISTA A9UNICIPAL GOLF COURSE ~(PHIS AMENDED AGREEMENT, made and entered into this~(~ 1"h day of 'bDG~el)1Pk'.F'~ , 1971, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RICHARD 6~. AND Iv1~'~RIAN B. ~~III,SON and CORDON AND FLSA MAF.STON PE`1'T1T, hereinafter called "Owners"; W I T N E S S E T H WHEREAS, City has heretofore entered into an agreement dated the 27th day of July, 1971 by and between Richard ta. and Marian B. ~ailson, husband and wife, and Bank of America National Trust and Savings Assor_iation, for the exchange of certain pro- perties, more particularly described in Exhibits A and B attached to said agreement, and follows: ti~+]IiEREAS, said agreement provided among other things, as "3. For the faithful performance of the promises and covenants herein contained, Owners hereby grant to the City of Chula Vista a lien upon the property herein described, and in the event that Oc-Yners, their suc- cessors, heirs, assigns or tr_ansferr_ces, fail to install or construct said improvements in the manner and within the time specified herein, they agree that City may do any or all of the following: (a} Install or construct said improvements by contract or otherwise, and permission is hereby granted to City or its contractor_ and contractor's employees t.o ente-r upon any portion or portions of said property .reason- ably ner,essary for said construction, and the entire cost and expense of said improvements shall b~ charged against said. property and said cost and expense shall be payable by Owners, their successors, heirs, assigns or assignees, immediately upon completion of said improvements, and i.n the event the same is not paid within thirty (30) days from said completion, the City may collect said li_en~in the manner provided in Section 5893 of the Streets and Highways Code of the State of California as an addition to the amount of the assessment of_~the regular bill for taxes levied against said property, and Owners agree to waive the requirement of confirmation of the assessment and notice of_ the lien, as contained in Sections 5890 and 5891 of the Streets and Highways Code of the State of California and accepts this agreement as sufficient notice of said lien. Ocaners further agree that th~~ amount. of said lien shall include attorneys' fees, c,=hich shall be taxed as a cost in any suit or foreclosure. (b) Direct the Director of Public ~~;or)cs to estimate the cost of the work required to complete said improv e- ment, and foreclose or collect said lien in said amount. (c) Foreclose said lien as a mortgage. .- ,. - ~~~ ~ (d) Pursue any other remedy, legal or equitable by law, for the foreclosure or collection of a lien, and Owners, their heirs and assigns, shall pay reasonable attorneys' fees to be ta>.ed as a cost in said proceed- ings. 4. At any time during the period herein provided, Owners, their heirs, assigns or transferrers, may make a cash deposit with the City in the amount estimated by the Director of PubJ.ic Works to cover the total cost of the improvements. If said cash deposit is made prior to the recording of this lien agreement, then said lien agreement shall not be recorded. If this lien agreement has been recorded and then said cash deposit is made, the City may release said lien of record and hold this agreement or any new agreement unrecorded as long as said cash deposit is left with the City." and ~~iEREAS, it is now desired to amend said agreement to provide for the details of the obligations accepted by the Owners, Richard Yd. and bZara_an B. l4ilson and Cordon and Elsa Nar_ston Pettit, as a condition of completion of the escrow for the exchange of said properties. NOL9, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties Hereto mutually agree as folJ.ows: 1. Owners, in conformity with the terms and. conditions of the original agreement, do hereby agree to provide f_or the follo~•~i ng improvements to be installed in accordance with the terms and conditions herein: (a) Construct approximately 719 J_ineal feet of 5 foot wide sidewalk as required by the lien agreement approved by City Council Resolution 5253. (b) Construct approximately 140 lineal feet of 43" x 27" fully lined corrugated metal pipe arch, or equiv- alent thereto, as required by the agreement approved by City Council Resolution G144. Owner to provide 10 foot wide drainage easement as necessary. (c) Construction of specified improvements to be completed within one year from close of escrow. (d) ~~.11 taorl: to be cionc in accordance ~~~ith pJ.ans and specifications approved by the Director of Public Pdorks . ?.. Owners further agree ~to post bona:;. in the amount of $2,200.00 as security for the construction of ir~pz-oveICnts desig- nated in 1(a) above, and in the anu,unt of. $4,900.CtC as security for the construr_tiol: work d signat.c~d in J. (b) above fo.~ a total amount of $7,100.00. - 2 - ~~~~ 3. City hereby agrees to adopt a resolution exonerating and releasing the lien against the subject property as imposed key Resolution PJo. 5253 after the acceptance of this agreement and t11e posting of the bonds as r_e~~uired herein. IN WITNESS t~TIIEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth . THE CITY OF CHULA VISTA OWNERS: Mayor of the City of Chula Vista /~S~/ (~ ) i<> ~U . l~~ ~ S o ~ Richard W. Wilson 1 ATTES~-~/ .J(-'N~l; l~ /1`~, ~u~i~s Z City Clerk Approved as to form by George D. -Lindberg, City Attorney Attach Notary Ac1'.novaledgment here . - 3 -- Marian B. 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