HomeMy WebLinkAboutReso 1971-6144e ~.
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RESOLUTION NO~ 6144
RESOI:UTxON OF THE CI'T'Y COUNCIL OF THE CITY C~ ~uHUL~.
VISTA, APPROVING .AGREEMENT BETWEEN THE CITY OE CH.?L.~
VISTA AND RICHARD W. AND MARIAN B. WILSON AND BANK
OF AMERICA FOR EXCHANGE OF LAND ADJACENT TO CHULA
VISTA MUNICIPAL GOLF COURSE
AND A~T'I`HORI 2, ING THE MAYOR TO EXECUT°E' SAID ACREEMFT7•T
The Ca.ty Council of the City of Chins V.~ta d._.e~ re.~bY
s`_~sa~'.~~e as follows
NOW, THE REI~ORE, BE IT RESOLVED tY~~st treat ce~~.ain „gte~mr*
~=.t.~ee~A TE3E CITY Q~ C~3ULA VISTA, a .municipal ^_:rpo~s~:~ora, 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
d.wt~d the 27th day of July i9 71 , ~ '`=~Py ~:f T,~.~; ~-r:
.s atraG:hed hereto a.rad :incorporated herein, the ~am~ ~s ~ha°.~qr. *u ~ y
~•r * f ~;,r t:h here n ~:e , ,and the same l s hereby =approved. -.
BE IT F~IRTHE R RESOLVED that the MayJr €7T t ~':.e ~ . t.y ;r* ~:rt :.:. r
V~sF-s. be, and. he l-s hereby authorized and directed t;: e.z~ecate ~s::
sq~ eement for and ~~n behalf of the City of Cri~,a l a ~~~ sT a
r ~ :end by
Thomas D. Hamilton, Jr., Mayo
Approved as t -- f,:~.x m b Q'
;~ ~--- , ~.-z
Georg D. Lindberg, City At~rney
ADOPTED AND .APPROVED by the CITY COUNu? L oT ~Yie t~:1T~ ~~F~ --rl ~ll
i~`zS'I'1-~, CAT.YIF"O RN IA, this 27th day cf July '~~ 71 :,~ •~ r,~-
Y+~'~;~a~wxncJ Grote, to-w~.t: __- -
A`~ ~'~:: ~r..'4LnGl !men Egdahl, Scott, Hobel, Hamilton, Hyde
N~YES: Councilmen None
A:SL,Ete~T: Counc;il.me~ None
AT'I`I;;~T
~,;
S`]'K`~_F OF' CALIFORNIA
f::~~;_Nfi`~ OF SAN DIEGO
C ~T"Y Off' CHUL;A ~~ISTA
~s,
I_ A City CTer'k ;;T tk`~e C~ ry .~ _,t ..
~.%i.~+~a., t~a~_~farnia, DO HEREBY CERTIFY that. the sbo~e 's s -~.~_, ~~_.-
~~ ~;_t Dopy o~ Revo.~ut~o~ No. , and that. t~:e sall;e ~,.:- ~.- _
u??m~~:~ded o~ repea ~ ed. DATED
C ~ ty ~: le rk __ _. ____ ._ _ ___. _.
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AGREEMENT FOR EXCIiAi`dGE OF LAND ADJACEIJT TO CHULA
VISTA MliNICIPAL GOLF COURSE
THIS AGREEMENT, made and entered into this 27th day of
July , 1971, by a.nd between THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and RICHc'~RD W.
WILSON AND ilt~~RL~I i3. WILSON, husband and wife as joint tenants as to
an and ivi dea. 10 $ interest and BANK OF AIvIERICA, NATIONAL TRUST AND
SAVINGS ASSOCIATION, as to an undivided 90% interest, hereinafter
called "Owners";
W I T N E S S E T H
WHEREAS, Owners possess certain parcels of land designated
as 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
of the Chula Vista Municipal Golf Course, which parcels are shown. on
th.e plat attached hereto as Exhibit "A" and described in Exhibit "B",
attached hereto and made a part hereof by reference as if set forth
iri full, anti
WHEREAS, it is mutually advantageous to Owners and City to
exchange said parcels, and
~~VHEREAS, City desires to grant Parcel C in fee to Owners and
Owners desire to grant Parcel B in fee to City and to grant to the
City an unrestricted easement over Parcel A, all as shown in Exhibits
"A" and "B", and
WHEREAS, said properties are approximately equal in size and
Owners furtizer agree -co certain terms and conditions as consideration
of said exchange as set forth herein.
NOW, THEREFORE, in consideration of the premises and for
other good and valuable consideration, receipt of which is hereby
acknowledged, tYie parties hereto mutually agree as follows:
1. Owners hereby agree to grant to City in fee that certain
piece of property designated as Parcel B and to grant an unrestricted
easement over that certain property designated as Parcel A, 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.
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
plans and specifications approved by the Director of Public Works
along the frontage of Parcel B.
4. Owners additiona~.iy agree to install 140 feet of drainage
pipe, 43 inches by 27 inches corrugated metal pipe arch fully lined o.r
the equivalent thereto or such additional feet as may be required t.~~
connect to the outlet of similar culvert located under Bonita Road.
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5. Own~~r.s agree to pay for a Letter of Opinion to be
~_equested. from bond counsel, O'!~ielveny & Myers, by the City Attorney
assu~-~.n.g Cicy that the transfer of land proposed will in no way affect
the rights of the bondholders of th.e bonds issued for. the purchase 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 WHEREOF, the parties hereto have caused this agree-
me~~t-. to be executed the day and year first he.reinabove set forth.
THE CITY OF CHULA VIST
OWNER~t
~ ~
Ri and W. Wilson
lea if an B . Wi _ts on
Approved as t~o form by
-"'` ~ ~ ~ / "tom, ~I ~/i ~~~ ~/ ~ "~_
~ .t.-cam-' ~.~~ ~li~~C/'-f/~i'
Georg~D. Lindberg, City At~`ney
Bank of America
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B Y : ~ t ;.1'j ~ Zi K t : ,~ X17. ~,- ~ f. ~is:~~:,
Assistant Vice President
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BY : ..~ ~- _
Trust Officer
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Exhibit "A"
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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 Cource maintenance, road and equestrian trail over, under, along,
upon and across that portion of Quarter Section 58 of Rancho de la
Nacion, in the City of Chula Vista, County of San Diego, State of Calif-
ornia, according to 1~1ap thereof No. 166, filed in the office of the
County Recorder of San Diego County, May 11, 1869,. described as follows:
Commencing at the intersection of the center line of County Road Survey
No. 558 (Bonita Road) with the center line of County Road Survey No.
1007 (All.eii School Road) as shown on Record of Survey I~1ap No. 7377,
filed in the office of the County Recorder of San Diego County, March 18,
1971; thence along the Northwesterly prolongation of the center line of
said Allen School Road, North 34°37'17" West, 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 File 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 Northwesterly boundary of said County Road Survey No. 558, a
radial line of said curve bears North 30°43'13" West to said point and
being the TRUE POINT OF BEGINNING; thence parallel with and 250.00
feet Northerly and Northeasterly of the Northerly and Northeasterly
boundary of said County Road Survey No. 558 as follows: 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 North 67°26'43" East, 77.41 feet
to the beginning 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" West, 150.11. feet; thence South 70°56'04" West, 82.15 feet;
thence South 67°26'43" West, 77.41 feet; thence South 67°08'54" taest,
180.81 feet to the TRUE POINT OF BEGINNING. Excepting therefx•om the
Westerly 6.00 feet thereof.'
PARCEL "B"
That portion of Quarter Section 58 of Rancho de la Nacion, in the Cit}'
of Chula Vista, County of San Diego, State of California, according
to Tlap thereof No. 166, filed in the office of the County Recorder of
San Diego County, :~1ay 11, 1869, described as follows:
Commencing at the intersection of the center line of County Road Survey
No. 558 (Bonita. Road) faith the center line of County Road Survey No.
1007 (Allen School Road) as shown on Record of Survey clap No. 7377,
filed i.n the office of the County Recorder of San Diego County, t~fa.rch 18,
1971; thence along the Northwesterly prolongation of the center line
(o l~l `{ Pae;e 1 o t 3
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FARCEL "B" (Copt . )
of said Allen School Road, North 34°37'17" West, 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 Dingo, recorded March 31, 1961 as File No.
56075; thence continuing along said prolongation North 34°37'17" West,
219.62 feet to a point on the arc of a 12.'•0.00 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" West to said point; thence
parallel with and 250.00 feet Northerly and Northeasterly of the North-
erly and Northeasterly boundary of said County Road Survey No. 558 as
follows: 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 North
67°26'43" East, 77.41 feet to the beginning of a tangent 470.00 foot
radius curve, concave Southerly; Easterly along the arc of said curve
through a central angle of 64°18'00" 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°].5'17" East, 222.56 feet to the
Northerly boundary of said County Road Survey No. 1295; thence along
said Northerly boundary North 83°30'54" Nest, 188.21 feet to a line
which bears South 09°22'30" West from the TRUE POINT OF BEGINNING;
thence North 09°22'30" East, 128.65 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 58 of Rancho de la Nacion, in the City
of Chula Vista, County of San Diego, Mate of California, according to
Map thereof No. 166, filed in the Office of the County Recorder of San
Diego County, May 11, 1.869, described as follows:
Commencing at the intersection of the center line of County Road Survey
No. 558 (Bonita Road) with the center line of County Road Survey No.
1007 (Allen School Road) as shown on Record of Survey Map No. 7377,
filed in the office of the County Recorder of San Diego County, :March 18,
1971; thence along the Northwesterly prolongation of the center line
of said A11en Schoo]. Road, North 34°37'17" West, 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 File No. 56075; thence contir.~zing alor_g said prolongation North
34°37'17" West, 219.62 feet to a point on the arc of a 1270.00 foot
radius curve, concentric with that 1020.00 foot radius curve, concave
Southeasterly, ~n the Northwesterly boundary of said County Road Survey
No. 558, a radial line of said cz~r~re bears North 30°43'13" West to said
point; thence parallel zti~ith and 250.00 feet Northerly and Northeasterly
of the Northerly and Northeasterly boundary of said County Road Survey
No. 558 as follows: Easterly alo7lg the arc of said curve througi: a
central angle of 08°11'06" a distance of 181.43 feet; tangent to said
curve North 67°21;'43" East, 77.41 feet to the beginning 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 23b.19
feet to the TRUE POINT OF BEGINNING; thence continuing a1Gng said pa:allcl
~ lW y Payc 2 or 3
PARCEL "C" (Copt . )
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boundary as follows: continuing Easterly along the arc of said curve
through a central angle of ~5°30'23" a distance of 291.27 feet and
tangent to said curve South 48°15'17" East, 0.47 foot; thence leaving
said boundary North 09°22'30" East, 152.42 feet to a line which bears
North 83°"?0'18" East from the TRUE POINT OF BEGINNING; thence South
83°20'18" tiVest, 289.00 feet to the TRUE POINT OF EEGINNING.
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