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HomeMy WebLinkAboutReso 1968-4882L Fo~:m No, 342: Rev- 8-6! RESOLUTION N0.> 4882 RESr.~LUTION OF THE CITY COUNCIL OF 1'HE CITY OF` •CHULA V_TSTA APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND ROHR CORPORATION, A CALIFORNIA CORPORATION, FOR THE SALE OF CERTAIN REAL PROPERTY IN THE CITY OF CHULA VISTA, .AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve s.s follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Rohr Corporation, a California corporation, for the sale and purchase of certain real property in said City owned by the City of Chula Vista, more particularly described as lots or a portion of a lot or lots of record, dated the 20th day of August 1968 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 BURTHER 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 ,. --- __ - '~ _ _~ '} Fred A. Ross, Chief Administrative Officer Approved as to m by '~ ,'~ r George D; indberg, City Attor ~~~ ADOP"TED AND APPROVED by the CITY COUNCIL of the CLTY OF CHULA VISTA,, CATsiT'ORNIAF this 20th day of August ? 968 , by the follow~_ng vote, to-wit: ~' AYES : Councilmen` Hamilton, McCorquodale, McAllister, Scott ABSTAINED: Councilman Sylvester NAYES: Coun;~ilmen Nn.,o ABSEN'T': Councilmen None ~ fi ,: ayor of th C ty of Chula Vita ,~ ~ ~ __~.ty Clerk` STATE OF CALIFORNIA COUNTY OF SA1~T DIEGO s s CITY OF CHULA VISTA '~ I, _, City Clerk of the City of Chula Vista, CaliforniaF 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 amended or repealed DATED City Clerk . -alf Exhibit "A" LEGAL DESCRIPTION CITY OWNED PROPERTY AT "G" STREET The Northerly 200 feet of the Southerly 220 feet of Quarter Section 172 of Chula Vista according to Map thereof No. 505, filed in the Office of the County Recorder, County of San Diego, State of California, except the Easterly 682 feet thereof, also excepting therefrom the following described parcels; Parcel 1 (Sewage Pump Station Site) The Westerly 60 feet of the Easterly 958.40 feet of the Northerly 80 feet of the Southerly 100 feet of said Quarter Section 172. Parcel 2 (Tidelands Avenue Reservation) Beginning at the intersection of the Ordinary High Water Mark, according to Miscellaneous Map No. 217, records of said County, and the Southerly line of said Quarter Section 172; thence North 58° 28' Ol" West, along said Ordinary High Water Mark, 26.34 feet to the Northerly line of "G" Street and the TRUE POINT OF BEGINNING. Thence continuing North 58° 28' Ol" along said Ordinary High Water Mark, 52.31 feet to Monument No. 107 according to said Miscellaneous Map 217; thence North 38° 07' 39" West, along said Ordinary High Water Mark, 170.86 feet to the Northerly line of the Southerly 220 feet of said Quarter Section 172; thence North 72° 08' 08" East, along said Northerly line, 128.99 feet; thence South 14° 26' 36" East 179.12 feet to the beginning of a tangent 20 foot radius curve to the left; thence Southerly and Easterly along the arc of said curve, through a central angle of 93° 25' 16", a distance of 32.61 feet to a point on the Northerly line of "G" Street; thence South 72° 08' 08" West, along said Northerly line, 45.05 feet to the TRUE POINT OF BEGINNING. Form No. 301 UNANIMOUS CONSENT FORM IT IS HEREBY REQUESTED by the undersigned that the following item, with the unanimous consent of the City Council of the City of Chula Vista, be considered and acted upon by the Council pursuant to the provisions of Section 1.16 of the Chula Vista City Code. RESOLUTION APPROVING AGREEMENT FOR SALE OF REAL PROPERTY ;' ~~ s ~.~- - gyp- ~'`'~ ~ u~ (Signature) ,, Unanimous Consent of the City Council, as indicted by the following AGREEMENT FOR THE SALE OF CERTAIN REAL PROPERTY BY THE CITY OF CHULA VISTA TO ROHR CORPORATION THIS AGREEMENT, made and entered into this 20th day of August, 1968, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "Seller" and ROHR CORPORATION, a California c orporation, hereinafter referred to as "Purchaser", WHEREAS, Seller is the owner of certain real property hereinafter described, being parcels of record located in the City of Chula Vista, County of San Diego, State of California, described as lots or a portion of a lot or lots of record, and WHEREAS, Seller wishes to sell and Purchaser wishes to purchase said real property to be used for industrial purposes in the City of Chula Vista, County of San Diego, State of California, and WHEREAS, the Planning Commission of the City of Chula Vista has heretofore recommended that a sale of said City owned property, presently being used for animal shelter purposes, for industrial purposes conforms to the General Plan of the City of Chula Vista and WHEREAS, the parties hereto have reached agreement 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 City of Chula Vista, State of California, more particularly described in EXHIBIT A attached hereto and incorporated herein by reference as if set forth in full, being an area approximately 2. 5 acres in size located at the northeast corner of the intersection of Tidelands Avenue and G Street in the City of Chula Vista. Said description ~~~~ excludes that parcel of property being presently used as a sewer lift station, more particularly described in EXHIBIT B attached hereto and incorporated herein and by reference as if set forth in full. 2. The purchase price therefor shall be the sum of $110, 000. 00. 3. It is hereby mutually agreed that the purchase of said property shall be contingent upon the vacation of a portion of G Street extending from Tidelands Avenue easterly to the San Diego and Arizona Eastern Coronado Branch Railroad right of way. 4. Further, it is understood and agreed by and between the parties that ~' Seller, City of Chula Vista, shall have the right to continue the operation of the facility known as a dog pound on a portion of said property for a period not to exceed six months from the effective date of this agreement and City further agrees to take all possible steps to remove said operation prior to termination of said six months period. Seller agrees to remove all structures and fixtures from that part of the property being used as an animal shelter within said six months period. 5. Purchaser agrees that all utility easements presently located on said property or upon the portion of G Street which is to be vacated shall be reserved and the existing rights of all utility companies are hereby preserved including sewer easements belonging to the City of Chula Vista, and also reserving full rights to the San Diego and Arizona Eastern Railroad the right of continued use of the tracks going across said portion of G Street for a period of not to exceed one (1) year from the date of the vacation of that portion of G Street. 6. Purchaser agrees to execute and grant to the City an easement for said portion of G Street concurrent with the order of vacation of said portion of G Street if and in the event that said portion of G Street should be vacated by the City Council, said easement to provide for the termination and extinguishment of the easement rights granted therein upon the completion of a permanent access. road, other than G Street, by which the intersection of Tidelands Avenue and G Street can be reached. ~_ ~/G~i~ -2_ '7 0U 7. Purchaser further agrees to enter into an agreement with the City of Chula Vista .providing apermit for access to the sewer lift station to allow for all necessary maintenance, repairs or replacement thereof. Said permit will insure the City shall at all times in the future have the right of access to said sewage lift station. 8. Purchaser agrees to deposit the amount of $110, 000. 00 in escrow covering the sale of said property upon approval of the agreement by the City of Chula Vista and the fulfillment of all conditions set forth herein. Seller agrees to share all normal costs of escrow and Seller agrees to pay the cost of a good and valid title policy. 9. Seller agrees to grant to Purchaser an option to purchase the property described in EXHIBIT B at its appraised value. In the event Purchaser shall disagree with Seller's appraised value, Purchaser may have the property appraised and if Seller does not agree with Purchaser's appraised value, the parties agree that the then market value of the property shall be subject to arbitration. This agreement shall bind, and enure to the benefit of the heirs, executors, administrators, successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement this 20th day of August 1968 S E,Z..-~.,,ER / /-; City of Chula Vista PURCHASER: ROHR CORPORATION 5. W. Shepard, Vice President ,P- ~8~a- EXHIBIT "B" LEGAL, DESCRIPTION SEWAGE LIFT STATION SITE The Westerly 60 feet of the Easterly 958.40 feet of the Northerly 80 feet of the Southerly 100 feet of Quarter Section 172 of Chula Vista according to Map thereof No. 505, filed in the office of the County Recorder, County of San Diego, State of California. ~~ ~~~~