HomeMy WebLinkAboutReso 1969-5121RESOLUTION NO. 5121
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AMENDMENT TO AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY TO BE USED AS LOMA VERDE
PARK ACCESS ROAD, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, by Resolution No. 5039 adopted on the 28th day of
January, 1969, the City Council approved that certain agreement by
and between the City of Chula Vista and Bernard J. Jaehn, for the
purchase and sale of certain real property to be used as Loma Verde
Park Access Road, and
WHEREAS, the parties to said agreement wish to amend the
legal description of the property to be purchased, and to amend the
requirements contained in Section 3 of said Agreement.
NOW, THEREFORE, BE IT RESOLVED that
to Agreement between the City of Chula Vista,
and Bernard J. Jaehn, dated the 8th day of
copy of which is attached hereto and by refer
the same as though fully set forth herein be,
approved.
that certain Amendment
a municipal corporation
April 1969, a
ance made a part hereof,
and the same is hereby
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
Amendment to Agreement for the purchase and sale of certain real
property for and on behalf of said City.
Presente by
an F. Cole, Director of Public
Works
Approved as to form by
George D Lindberg, ity Atto y
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 8th day of_ April , 19 69 , by the
following vote, to-wit:
AYES : Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister
NAYES: Councilmen None
ABSENT: Councilmen None
' .- Mayor of the City of Chula Vis
ATTEST ~ i ..~ -~ ,.~ ~_{~; ,~ .~,.~ -> ~~: ~r'd -CP~ti1
City Clerk
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amended or repealed.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
AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY TO BE USED AS LOMA VERDE PARK
ACCESS ROAD
THIS AMENDMENT TO AGREEMENT, made and entered into this
8th day of April 1969, 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
WHEREAS, Purchaser and Seller have heretofore entered into
an Agreement for the sale and purchase of certain real property in
the City of Chula Vista, County of San Diego, State of California,
which Agreement was approved by the City Council on the 28th day of
January, 1969, by Resolution No. 5039, and
WHEREAS, the parties hereto wish to amend the legal description
of the property to be purchased, and to amend certain of the require-
. ments and conditions contained in said agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED that Sections 1, 3
and 4 of that certain Agreement by and between the City of Chula Vista
and Bernard J. Jaehn, dated the 28th day of January, 1969, and approved
by Resolution No. 5039 be, and the same are hereby amended to read as
follows:
1. Seller agrees to sell, and Purchaser agrees to purchase
that certain real property situated in the County of San Diego, State
of California, more particularly described as:
Parcel No. l: That portion of Fractional Section 13, Township 18
South, Range 2 West, San Bernardino Base and Meridian in the County
of San Diego, State of California, per Record of Survey thereof
No. 3307, (records of said County) described as follows:
Beginning at a point on the Westerly line of said Section 13, distant
thereon South 0°01'30" West 460.00-feet from the Northwest corner
thereof; thence North 76°29'42" East 120.34 feet; thence parallel to
said Westerly line South 0°01'30" West 340.12 feet; thence at right
angles North 89°58'30" West 117.00 feet to said Westerly line of
said Section 13; thence along said Westerly line North 0°01'30"
East 311.97 feet to the point of beginning.
Parcel No. 2: That portion of Fractional Section 13, Township 18
South, Range 2 West, San Bernardino Base and Meridian in the County
of San Diego, State of California, per Record of Survey thereof
No. 3307, (records of said County) described as follows:
Beginning at a point on the Westerly line of said Section 13, distant
thereon South 0°01'30" West 460.00 feet from the Northwest corner
thereof; thence North 76°29'42" East a distance of 120.34 feet to the
TRUE POINT OF BEGINNING; thence parallel to said Westerly line South
0°01'30" West 648.68 feet; thence South 84°55'30" West 117.46 feet to
said Westerly line of said Section 13 being also a point on the Northerly
Right of Way line of Orange Avenue as shown on Map No. 5735 of Holiday
Estates Unit No. 1, recorded in the Office of the County Recorder of
said San Diego County on May 19, 1966; thence Southerly along the
Easterly line of said Map No. 5735 South 0°01'30" West 100.36 feet
to the Southerly line of said Orange Avenue; thence Easterly along the
arc of a non-tangent 1050 foot radius curve concave Northerly whose
center bears North 4°35'10" West from the last aforementioned point, a
distance of 8.97 feet through a central angle of 0°29'20"; thence
tangent to said curve North 84°55'30" East 293.16 feet; thence at
right angles North 5°04'30" West 100.00 feet; thence at right angles
South 84°55'30" West 115.46 feet; thence parallel to said Westerly
line of said Section 13 North 0°01'30" East 657.76 feet; thence South
76°29'42" West 61.71 feet to the TRUE POINT OF BEGINNING.
/~ ~ l ~ l
3. Purchaser, the City of Chula Vista, agrees that considera-
tion 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 fifteen (15) laterals to the subdivision lots
adjacent thereto, 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.
4. Purchaser and Seller agree to share, on an equal basis,
the cost of water main installation to serve both the park property
and property of Seller lying on either side of said access road, as
follows:
(a) Purchaser agrees to take all necessary steps to
provide appropriate arrangements for water services to
serve said area; provided, however, that the inability
to resolve the matter of installation of water mains and
providing water services shall have no effect upon the
balance of the terms and conditions of this Agreement.
(b) Seller agrees to provide right-of-way for water
main extension by the Otay Municipal Water District from
existing mains located in Orange Avenue in the Princess
Manor Unit No. 3 Subdivision. The alignment of the right-
of-way shall be in conformance with the alignment of Orange
Avenue approved by the City Council on June 14, 1966,
according to a study prepared by the Division of Engineer-
ing dated May 6, 1966.
(c) If water main extension in not made by the Otay
Municipal Water District, City agrees to commence with-
drawal proceedings.to detach the access road and the
fifteen (15) lots adjacent thereto from the Otay Municipal
Water District in order to secure water service from
California-American Water Company.
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: City of Chula Vis a SELLER:
~~
Mayor of the City of Chula Vis nard J. Jaeh
ATTEST ~'1~~f~~t~-~.~`:~ "G~%~rc.c'~~G-~~^
_=City Clerk
Approved as to form by
2/.
George D indberg, City Attorn
~-sia,~
AGREEMENT FOR SUBSTITUTION OF PARTIES
THIS AGREEMENT, made and entered into this 2 3 day of
J`~Jf}y 1970 , by and between BERNARD J. JAEHN, herein-
after re erred to as "Seller"; and WILLIAM 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 City 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, title 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 right, 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.
Buford, 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.
SELLE
RNARD J. JAE
- SUCCESSOR IN INTEREST:
WILLIAM A. BUFORD