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HomeMy WebLinkAboutReso 1969-5287Foam NCR 342 Rev 8-6~ RESOLUTION NO ~ 5287 RES+~LUT'ION OF THE CITY COUNCIL OF THE CT`I'~ OF` CHULA VISTA AFf~RC)~VIN~Z~ AGREEMEN'T' BETWEEN 'T'HE CITY OF CHULA 'VISTA .AND ALLIED CONTRACTORS INC., FOR OPTION TO PURCHASE CERTAIN REAL PROPERTY IN SOUTHWESTERN COLLEGE ESTATES FOR PARK PURPOSES AND AUTHORIZING °I'HE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a m°anicipal corporation, and Allied Contractors, Inc., for option to purchase certain real property in Southwestern College Estates for park purposes, dated the 8th day of J„~ ~ 19~ _, 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 3T FUR`THER 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 said City- Presented by William G. Jasinek, D' ector of Parks and Recreation Approved as to form by ~>--- ~~ ~ . v~~ ~` George D. ~ ndberg, City Attorneys-- ,. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF' CHULA VISTA,; CALIFORNIA, this 8th day of July ~. 1 9 6~, by the following votes to-wit: AYES : Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister NAYES : Coun~: ilmen None ABSEN`T': Councilmen None ~ f~ ~- ~~/ - ~~ty Cler i '" ~ G [ayor of ~ e`Ci y `Chula Vista STATE OF CALLF`ORNIA ~ COUNTY CF SAN DIEGO sse r ~ mY n~ _ r~urlr,A ur sTA AGREEMENT OPTION TO PURCHASE CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CHULA VISTA, CP_LIFORNIA FOR PROPOSED PARK SITE IN SOUTHWESTERN COLLEGE ESTATES THIS AGREEMENT is made and entered into this 8th day of July 1969, by and between the City of Chula Vista, a Municipal corporation whose address is 276 Guava Avenue, Chula Vista, California, hereinafter referred to as "Optionee"; and Allied Con- tractors, Inc., a California corporation with offices located at 9250 Wilshire Boulevard, Suite 404, Beverly Hills; Califorriia,~90212, hereinafter referred to as "Optionor°'; W I T N E S S E T H In consideration of the sum of $1.00 paid to Optionor, the receipt of which is hereby acknowledged and other good and valuable consideration, Optionor hereby grants to Optionee, its successors or assigns, for a period of 365 days from the date of execution of this agreement, exclusive right and option to buy the following described property in the County of San Diego, State of California, to wit: 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, May 11, 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 San Diego County, May 18, 1967; thence along the Northeasterly prolongation of the Northwesterly line of Elmhurst Street as shown on said Map No. 5888, North 55°05'16" East 95.77 feet to the Southeasterly corner of land described in deed to Chula Vista City School District, recorded January 15, 1969, as Document No. 7992, said corner being the TRUE POINT OF BEGINNING; thence along the Northeasterly line of said land North 34°54'44" West 418.35 feet to the North- easterly boundary of said Lot 230; thence along said Northeasterly boundary North 17°33'10" West 264.90 feet to the Northeast corner of said Lot 230 being also a point on the Northerly line of Quarter Section 10; 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 36°39'18" West 69.57 feet; thence South 34°54'44" East 147.21 feet to a point in a non-tangent curve concave South- easterly 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 having a radius of 274.00 feet and whose center bears North 49°22'00" West; thence along the arc of said curve 69.12 feet thru a central angle of 14°27'16" to- the TRUE POINT OF BEGINNING. for the sum of $43,292..00., hereinafter called the "Purchase Price". NOW, THEREFORE, IT IS AGREED by and between optionor and optionee as follows: -1- ?~~ ~~7 ~~ 1. To exercise this option, optionee shall deliver to optionor written notice on or before 365 days from the date this option'is executed and within 30 days after receipt of said notice, optionor shall deliver to optionee against payment of the purchase price, a grant deed to said property. Tender of optionee's valid check shall constitute a sufficient tender of the purchase price. 2. The title to said property is to be conveyed free and clear of all liens and encumbrances but subject to the following: covenants, conditions, restrictions, easements, rights and right-of-way of record on the day title is conveyed. At the expense of the optionee the optionor shall furnish optionee a policy of title insurance insuring the title of optionee to be free and clear of all matters other than those men- tioned hereinabove. 3. 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 1968-69, and all preceding years shall be paid by optionor, and optionee shall pay said ad valorem taxes and charges for the tax year 1969-70 and all following years for so long as option is in effect or exercised as provided herein. All special assessments, if any, shall be paid by optionor whether same be payable in a lump sum or installments or otherwise. 4. All notices provided for herein shall deem to have been duly given if and when deposited in the United States mails, properly stamped and addressed to the party for whom intended at party's above listed address or when delivered personally to such party. 5. This contract shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors or assigns. IN WITNESS WHEREOF the optionor and optionee have executed this option on the month, day and year hereinabove set forth. THE~'TTY OF CHULA VISTA .i-" `Mailer l ( ~.. `,.. ATTEST : ~/ ~ ,( ~: t -c-~-e .~-}~L't.Z, c.-~-cti/1 fi-f-(" •. '-ty Clerk ALLIED CONTF,AC S, INC. BY ~~'"' ~ ~ -- ., ,r / ~j ~; ,/~ ~ Approved as to form by ~/~ ~~~ V , George D. ndberg, City Attorne Attach Notary Acknowledgement here. F~ ~~~~,~!