HomeMy WebLinkAboutReso 1969-5291RESOLUTION N0. 5291
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA IVSTA
APPROVING A SUPPLEMENT TO THE AMENDED SUBDIVISION IMPROVEMENT
AGREEMENT WITH MAHY CONSTRUCTION COMPANY AND THE CITY OF
CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby resolve
as follows:
That that certain supplement to the amended agreement between
the City of Chula Vista, a Municipal corporation and Mahy Construction
Company, a California corporation, dated the 15th day of July ,
1969, 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 said City.
Prese~d by _
Lane F. Cole, Director of Public
Works
Approved as to form by
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George D.,~'Lindberg, City Attorney
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA
CALIFORNIA, this 15th day of July , 1969 ., by the following vote,
to-wit:
AYES: Councilmen Scott, Sylvester, Hamilton, McCorguodale McAllister
NAYES: Councilmen
ABSENT: Councilmen
None
None
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ayor of the Ci o hula Vista
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ATTEST L __ h__~,_ ;,tlt_-u t C ¢ ,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAPd DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
and that the same has not been amended
or repealed,
DATED :
City Clerk
"1
A SUPPLEMENT TO THE AMENDED SUBDIVISION IMPROVEMENT
AGREEMENT WITH MARY CONSTRUCTION COMPANY TO SECURE
CERTAIN IMPROVEMENTS ON TELEGRAPH CANYON ROAD
THE AGREEMENT, made and entered into this 15th day of July ,
1969, by and between the City of Chula Vista, a Municipal corporation,
hereinafter referred to as "City" and Mahy Construction Company, a Calif-
ornia corporation, hereinafter referred to as "Subdivider";
W I T N E S S E T.H
WHEREAS, Subdivider has heretofore executed that certain
amendment to the subdivision improvement agreement as approved by
Resolution No. 4853, and
WHEREAS, pursuant to said amendment subdivider guaranteed the
installations of certain improvements on Telegraph Canyon Road, and
WHEREAS, a portion of said improvements have now been completed
in conjunction with the completion of the subdivision improvements, and
WHEREAS, subdivider desires to supplement said amendment to
reduce the amount required to secure the completion of the balance of
the improvements of Telegraph Canyon Road.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. That Mahy Construction Company agrees to install the balance
of the improvements on Telegraph Canyon Road as indicated in the amended
subdivision agreement approved by Council Resolution No. 4853, within a
period of one year of the date of execution of this agreement.
2. Subdivider agrees to provide concurrent with the execution
of this agreement, an improvement security in the amount of $15,712.00.
3. It is mutually understood and agreed by and between City
and Subdivider that the improvement requirements as set forth in that
certain agreement approved by Resolution No.~4853, may be noted to
exclude improvements on Telegraph Canyon Road adjacent to that certain
property more particularly described as follows:
That portion of quarter section 88 of Rancho de la Nacion,
in the County of San Diego, State of California, according
to map therefo No. 166, filed in the office of the County
Recorder of said county, described as follows:
Beginning at a point of intersection of the westerly line of
said quarter section with the southerly right of way line of
Telegraph Canyon Road as said road is shown on road survey
Map No. 1086., filed in the office of the County Engineer of
said county; thence along said southerly right of way line,
from a tangent which bears south 81°16'10" east along a curve
to the right having a radius of 3150 feet, through an angle
of 6°39'17" a distance of 365.87 feet to an angle point in
the land described in deed to the State of California recorded
October 2, 1968, under recorder's file No. 170462 and the true
point of beginning; thence continuing along the southerly right
of way line of Telegraph Canyon Road as said road is shown
on road survey Map No. 1086 on file in the County Recorder's
Office, from a tangent which bears south 74°36'53" east along
a curve to the right having a radius of 3150 feet through an
angle of 1°05'59" a distance of 60.46 feet; thence continuing
along said southerly right of way line south 73°30'54" east
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89.54
north
State
west
62.79
point
feet; thence south 16°29'06" west 140.00 feet; thence
73°30'54" west 213.52 feet to the westerly line of said
of California land; along said westerly line north 14°56'59"
j9.55 feet to an angle point; thence north 36°18'53" east
feet; thence south 88°30'01" east 81.26 feet to the true
of beginning.
4. It is mutually understood and agreed by and between City
and Subdivider that all provisions of the amended subdivision agreement
approved by Resolution No. 4853, shall remain in full force and effect
except as amended herein.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first hereinabove set forth.
/Cx'IrY 1D~F' CHULA VISTA
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Mayor
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ATTEST: ~%f ~ {~
--City Clerk ~`
MARY CONSTRUCTION'~OMPANY, a
California`; ~orpor:`ation
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BY
BY
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Attach Notary Acknowledgement here.
Approved as to form by
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George D. ndberg, City Attorney
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AN AGREEMENT PLEDGING F[.iNDS - SAVINGS ACCOUNT
WE, THE UNDERSIGNED, Mahy Construction Co., do hereby
represent to the City of Chula Vista that monies in the amount
of $15,712.00 or more are on deposit in the Bank of America,
Hillcrest Branch, Account No. Time .Certificate of Deposit No.807666
We hereby direct said bank to hold the sum of $15,712.00 for a
period of one year from the date of execution of this agree-
ment, said sum to be paid to the City of Chula Vista upon
demand or to be released upon authorization of the City of Chula
Vista during said one year period. Said sum of $15,712.00 is
hereby pledged as payment for certain public improvements i.e.,
the installation of curb and gutter in Telegraph Canyon Road,
which improvement has been deferred by the City Planning
i
Commission. ~; ?s
Co.
Mahy CBnstruc'~ion Co.
THIS IS TO CERTIFY that the above pledge in the sum
of $15,712.00 by Mahy Construction Co. from Account No. Time Certifi-
sate of Deposit No. 807666 is hereby acknowledged, and said
sum will be held by this bank in accordance with the term and
pledges set forth hereinabove. f
i'
for Bank o ` Americ~_: Hillcrest Branch
Dated this 30th da of June
y __._.__...Y_.._ 1969 ~
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