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HomeMy WebLinkAboutReso 1969-5464RESOLUTION NO. 5464 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BERNARD J. JAEHN FOR PURCHASE AND SALE OF REAL PROPERTY TO BE USED AS LOMA VERDE PARK ACCESS ROAD The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain second amendment to the agreement between the City of Chula Vista and Bernard J. Jaehn, dated the 28th day of January, 1969, as approved by Resolution No. 5039, a copy of which second amendment 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 second amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by /" ~: ~~---, ' - .~ Lane F. Cole, Director of George D.i'` indberg, City Attor Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 9th day of December , 1969, by the following vote, to-wit: AYES : Councilmen Sylvester, Hamilton, Hyde McA.liister Scott NAYES: Councilmen None ABSENT: Councilmen None J ~ -~ _ ... ATTEST ~-- {. .~ . c. -c..~.~ ~ :cr- <..:_.4-, f ~ ~~~ City Clerk ~~_.. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor of the City of~Ch 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY TO BE USED AS LOMA VERDE PARY. ACCESS ROAD THIS SECOL7D AD'lENDMENT TO AGREEMENT, made and entered into this 9th day of December 19 69, by and between the CITY - OF CHULA VISTA, a municipal corporation, hereinafter referred to as "Purchaser" and BERNARD J. JAEHN, hereinafter referred to as "Seller"; W I T N E S S E T H NOW, THEREFORE, Section 3 of that certain amendment to the Agreement by and between the City of Chula Vista and Bernard J. Jaehn, dated the 8th of April, 1969, and approved by Resolution No. 5121, be, and the same is hereby amended to read as follows: 3. Purchaser, the City of Chula Vista, agrees that consid- eration for the purchase of said real property shall be as follows: (a) City shall provide full surface improvements on the access road, including pavement and base, curb, gutter and sidewalk. (b) City shall install sewer main in said right-of-way including 15 laterals, and Seller shall have the right, in the course of the development of his property,to connect to said sewer line at no cost to Seller except inspection fees. (c) Seller shall have the right to use that certain well which is located in approximately the center of Orange Avenue at the easterly side of Loma Verde Avenue. Said right shall continue to a future date when said property ma_y be required for use by the City or Seller shall desire to abandon said well. If Seller abandons the well at his own determination or at such time as Orange Avenue is extended easterly, said abandonment will be undertaken at the expense of Seller who shall have the right to the salvage value of any portion of the facility. IT IS FURTHER AGREED that all of the other terms and conditions of said Agreement shall remain the same. IN WITNESS WHEREOF the parties hereto have executed this Amended Agreement the day and the year first hereinabove set forth. PURCHASER: The City of Chula Vista i ~ ,, - ~~- ,~ ,,. ~ % r. ` Mayor of the City of CCMula Vista ATTEST ~JI i-x~-- -- t.. ~.-.. L~~ !?'_.,.__,rfi~c~"~~ City. Clerk ~' ~`- ~~ SELLER: ,~ Approved as to form by ~ _~ ~~ ~~` .~-~ r ,._ - Bernard ~3: ~ ehn Ge rge D. indberg City Att rney ~, _ ,.rl ~ f~,. Lr P_GPFEi'L,i~'I' FCR SL;BSTITL?TiOi~ Or' PARTIES THIS AGR1E'El~~ENT, .made and entered into this 2~_day of _ t'~I/0~j , 19~7p, by and between BERNARD J. JFEHN, herein- after rer rred to as "Seller"; and 4,?ILLIAM A. BUFORD, hereinafter referred to as "Successor in Interest to Seller"; W I T N E S S E T H WHEREAS, Seller, Bernard J. Jaehn, has heretofore entered into that certain agreement with the City of Chula Vista, approved by the City Council of the Ciiy of Chula Vista on the 28th day of January, 1969, by Resolution No. 5039, which agreement was amended, pursuant to Resolution No. 5121 adopted on the 8th day of April, 1969, and Resolution No. 5464 adopted on the 9th day of December, 1969, and WHEREAS, Seller, Bernard J. Jaehn, now desires to transfer all of his right, titJ_e and interest in the property which was the subject of said agreement and amendments thereto, and all of his rights and obligations established by said agreement and amendments to William A. Buford. {' NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. It is mutually understood and agreed that Bernard J. Jaehn does hereby transfer all righi, title and interest which he may possess in the property which is the subject of the agreement and amendments thereto set forth hereinabove, and all rights and obligations created by said agreement and amendments to William A. buf.ord, his successor in interest. 2. It is mutually understood and agreed that William A. Buford, as successor in interest to Bernard J. Jaehn, Seller, accepts fully and freely all rights and obligations created by the agreement and amendments thereto as set forth hereinabove, and shall be bound to the City of Chula Vista. pursuant to the terms of said agreement and amendments. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and the year first hereinabove set forth. SELLER: ~~1 , ~PS~ARD J . JFE'- SUCCESSOR IN INTEREST: WILLIf1M A. BUFOP.D ;l1 5'7 Gi' f