HomeMy WebLinkAboutReso 1969-5039Fo~:m No' 342
Rev- 8-67
RESOLUTION NO, 5039
RESOLUTION OF THE CITY COUNCIL OF THE CIT`Y' OF° CHULA VISTA
APPROVING AGREEMEN'T' 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 AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve a.s follows:
That that vertan agreement between the City of Chula Vista,
a municipal co:rpora~.=.ion, and Bernard J. Jaehn for the purchase and
sale of certain real property to be used as Loma Verde Park access
road,
dated the 28th day of January 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 TT 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
Present/~ed by
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Zane F. Co e, Director o~Public
Works
Approved as to form by
George D. L berg, City Attorne
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF' CHULA
VISTA;- CAI_w1T`ORN.TA, this 28th day of January , 1969 , by the
following voteF to-wit: ~ -°
AYES : Counc~ lmen Sylvester, Hamilton, McCorquodale, McAllister Scott
NAPES : Councilmen None
ABSEN'T': Councilmen None
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Mayor of the Cit~ Chula Vita
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City Clerk T~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss~
CITY OF CHULA VISTA e
~, _ , City Clerk of the City of Chula
Vista, CaliforniaF DO HEREBY CERTIFY that the above is a cull, true and
correct copy of Resolution No< , and that the same has not been.
amended or repealed. DATED
Cit~Clerk
AGREEMENT FOR PURCHASE AND SALE OF REAL
PROPERTY TO BE USED AS LOMA VERDE PARK
ACCESS ROAD
THIS AGREEMENT, made and entered into this 28th day of
January 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, Seller is the owner of certain real property herein-
after described, being parcels of record located in the County
of San Diego, State of California, and
WHEREAS, Purchaser, the City of Chula Vista, wishes to acquire
said real property for the purpose of providing an access road
to serve Loma Verde Park, located in the City of Chula Vista, County
of San Diego, State of California, and Seller is willing to sell
said property to the City, and
WHEREAS, the parties hereto have reached an agreement
which they now wish to reduce to writing,
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES contained
herein and for other good and valuable consideration, receipt of
which is hereby acknowledged, the parties hereto agree 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:
That portion of Fractional Section 13, Township 18 South,
Range 2 West, San Bernardino 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 799.94 feet from the Northwest
corner thereof, said point also being the Northeasterly corner of
Holiday Estates Unit No. 1 per Map thereof No. 5735 (records of said
County); thence South 0°01'30" West a distance of 391.39 feet to
the beginning of a tangent 1050 foot radius curve concave Northerly;
thence Easterly, along the arc of said curve, through a central angle
of 1°58'02" a distance of 36.05 feet; thence North 83°26'48" East
a distance of 24.28 feet; thence North 0°01'30" East a distance of
739.47 feet; thence South 76°29'42" West a distance of 61,71 feet;
thence South 0°01'30" West a distance of 339,94 feet to the Point
of Beginning.
That portion of Fractional Section 13, Township 18 South,
Range 2 West, San Bernardino 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 61.71 feet
to the TRUE POINT OF BEGINNING: thence South 0°01'30" West a distance
of 100.00 feet; thence South 89°58'30" East a distance of 120.00
feet; thence North 0°01'30" East a distance of 128.88 feet; thence
South 76° 29'42" West a distance of 123.43 feet to the TRUE POINT
OF BEGINNING.
2. Seller agrees to provide for and pay all costs involved
in the installation of underground gas, electric and telephone service
to be located in the 60' right-of-way and to serve the Loma Verde
Park at its present southerly property line.
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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,
sidewalk and cross gutter and return segments at two proposed
intersecting streets from the east.
(b) City shall install sewer main with sewer extensions
to east side of cross gutters for two intersecting streets,
and Seller shall have the right, in the course of the develop-
ment of his property, to connect to said sewer lines 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 owned by Seller lying easterly of the access road. Purchaser
agrees to take all necessary steps to provide appropriate arrangements
for water services to serve this area, provided, however, 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.
5. It is further agreed that all underground utilities are
to be installed along with the construction of the access road improve-
ment, and that Seller will provide an appropriate security to guarantee
the installation of underground utilities during said construction,
6. This agreement shall bind and enure to the benefit of,
the heirs, executors, administrators, successors and assigns of the
parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first hereinabove set forth.
PU SER: THE CITY OF CHULA VISTA
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SELLER:
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APPROVED AS TO FORN.~ BY
eorge D, ndberg, City Attor
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referred -t.o as "Stlcce~scr _n ~!:iter E~~t ~-;.> Seller",
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': E1Tl~r~~i .~ :`L'. 1.1f_`~_ 1-<r- .-P%~_r; ,J. f ~ ~ c ~ ~ ~ ~~i ~'-
into that certain agrcement ~"i_t}1 the City of C:~?ula. Vi.s ~.a, a.p~>x-ov~~c+
by the City Coun::il. o.:~: the City of Chu.ia ~Iist~~ or. the 28-th day of
January, 1~ 69 , by Reso]_uti_o;.z t~Io . 5~ 39 , ,+~hi.ch agreel~ter.t war amende;~ ,
pursuant to Re~o].utio_rz No. 5]_21 ad.opt.ed oii the nth c:.av of April,
1969 , ar:d Resolution Tve. 5~ 64 ac;.o~~tec1 on th>~ 9th clay of Deceiilk~er_ ,
1969, anal
P7HEREAS, Sc~~ ler, Pernard. J. Jaehn, no,a desires to trans.f_er
all of hi_s ri et}~.t., title a±.zd intF~rest in the aroperty t~~hich `~~as the
subjoot c said a_greenic~n+~ and a_;;l~~ndinent~~ tr:eretc,, and a]_1 of his
rights and obl~.gaticns est~bli.shec }~y saki agreement and amendments
to 6~7i I li am A . Buford .
NOW, `:CHER;FOFZi~,, in consi.d_eration cf. the premises and f.or
other good and valuable consi_ci~~rat.ion, receipt of ~+;hi_Ch is here}~y
acknowledged, the parties hereto ~-;~rree a.s fol_lo;~~s
1. It is mutual_y u.ndc,rstood and agreed that Bernard ~.
Jaehn does hereby transfer all rieTht, title and interest which he
may possess in the property whi_c}~i is the subject of the agreement
and amendr;tents 1:hereto set forth hereinabov.=, and a]_1 rights and
obligations created by said agreement and am nclments to William A.
Bufox-d, his successor i.n inter_est.
2. It is mutually understood and agreed that ~ti'illiam A.
Buford, as successor in interest to Ber..na.rd J< Jaehn, Se]_ler, accepts
fully and freely all rights and obiigati_ons cr.~ated by the agreerent
and amendi:;ents thereto as set forth hereinabove, and shall be bcur_u
to the City of Chula Vista pursuant to the terms of. Said agreernen
and amendments.
IN Y7ITi~iESS W"tiFRFOr , the parties hereto have caused this agree-
ment to be executed the day and the year first hereinabove set forth.
SELLE•
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SUCCESSOR IN IN~i'ERES~i~':
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WILLI~j~1 A. F3UFORD 4 j'~
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