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HomeMy WebLinkAboutReso 1968-4967RESOLUTION NO. 4967 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SARATOGA DEVELOPb1E1`dT COb~PANY AND POUTOUS DEVELOPMENT COMPANY FOR CERTAIN IMPROVEMENTS ON TELEGRAPH CANYON ROAD, ACCEPTING LIEN ON PROPERTY ADJACENT THERETO TO SECURE SAID IMPROVEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFOP.E, BE IT RESOLVED that that certain agreement between the City of Chula Vista, a municipal corporation, and Saratoga Development Company and Poutous Development Company, Developers, for certain improvements on Telegraph Canyon Road from the right-of-way of Freeway 805 to the intersection of Oleander Avenue, dated the 19th day of November 19 68 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 City Council does hereby accept the offer of a lien set forth in said agreement to insure the completion of said improvements, and does hereby authorize and direct the City Clerk of the City of Chula Vista to record said lien with the office of the County Recorder of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized to execute said agreement for and on behalf of_ said City, and to accept said lien to secure the improvements required by said agreement. Presented by Approved a.s to form by '' ~ _ G ane F. Co e, Director of Public George D. Lindberg, City Attorn Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 19th day of November 19 68 , by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Sylvester, Hamilton, McCorquodale NAYES: Councilmen None ABSENT: Councilmen None /. -,, i,.~ ;.. ~~ ;~~ yor of the City of C~tula Vista ~~ , . _ f~ t, ATTEST ``/~~_ .t ~: C.~,~,~ " r ; • , /', ~/C ~, r: ,.~ City Cler'~'~- 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CERTIFY that the above is a full, true and correct copy of Resolution No. anc: that the same has not been amended or repealed. DATED City Clerk AN P_GREEMENT TO SECURE CERTAIN IMPROVEP~IENTS ON TELEGRAPH CANYON ROAD, BEING FULL SUBDIVISION STANDARD IMPROVEMENTS FROM THE RIGET-OF-WAY OF FREEWAY 805 TO THE INTERSECTION OF OLEANDER AVENL7E THIS AGREEMEI~IT, made and entered into this 19th day of November 1968 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and SARATOGA DEVELOPMENT COMPANY and POUTOUS DEVELOPMENT COMPANY, hereinafter called "Developers"; W I T N E S S E T H 4ti?HEREAS, as a condition of the approval of Rancho Vista Estates Unit No. 1, an agreement for a portion of the improvements on Telegraph Canyon Road as shown on Drawings':No. 67-72L through 67-75L was approved by the City Council of the City of Chula Vista by Resolution No. 4852 on the 6th day of August, 1968, and WHEREAS, the City of Chula Vista was desirous of securing the full improvement of Telegraph Canyon Road in connection with the approval of the final maps of Rancho Vista Estates Units No. 2 and 3, pursuant to Resolution No. 4811 adopted on the 2nd day of July, 1968, and WHEREP.S, the owners of that certain property now known as Rancho Vista Estates Unit No. 3 desire to defer said full subdivision standard improvement of Telegraph Canyon Road until said property is developed or until such time as Freeway 805 is completed, and WHEREAS, City has indicated willingness to defer said improve- ments in order to allow the acceptance and approval of the final map of Rancho Vista Estates Unit No. 2. NOW, THEREFORE, IT IS P-NTUALLY UNDERSTOOD AND AGREED AS FOLLOP7S: 1. That Developers agree to install said improvements on the Southerly side of Telegraph Canyon Road beginning at the intersection of Freeway 805 right-of-way and continuing Easterly to tine intersection of Oleander Avenue and connecting with those improvements as secured by the agreement approved by Resolution No. 4$52 on the 6th day of August, 1968. 2. Developers agree to complete said improvements wi~ich in general include the following: Curb, cutter and sidewalk, 18-1/2' of asphaltic concerto pave- ment and designed aggregate base, drainage facilities, including one 24" corrugated metal pipe and one 36" x 22" corrugated metal pipe arch crossing Telegraph Canyon Roade, with appropriate inlets and cutlets, 44 street trees and 12 ornamental street lights, with all utilities serving the property to be placed underground.. The total length of the projected improvement is approximately 3,000 lineal feet, extending from the inter- section of Freeway 805 and continuing Easterly to Oleander Avenue, including transitional areas. 3. Developers also agree to grant to the City of. Chula Vista street tree easements 10 feet in width along the full length of Telegraph Canyon Road, and a~utility easement 2-1/2 feet back of the sidewalk. 4. Developers agree to install said improvements at such time as any portion of that certain area tentatively known as Rancho Vista Estates Unit No. 3 under the present ownership of Developers is improved _ with any structure, or at such time as the improvement of_ Freeway 805 is completed, ar'.within five'. years -from the date:of.execution of this agree- meat, whichever event occurs sooner iP_ time. 5. It is further agreed that if the public improvements are not completed within the time agreed upon herein, no building permits shall be issued for the construction of any structures or buildings until detailed improvement plans for said improvements are approved by the Director of Public Works and a bond for their construction has been deposited with the City of Chula Vista. 6. It is expressly understood and agreed that for the faith- ;~ ful performance of the promises and covenants herein contained, Developers hereby grant to the City of Chula Vista a lien upon that property now ]mown as Rancho Vista Estates L'nit ado. 3, more particularly described in Exhibit "A" attached hereto and made a part hereof by reference, and in the event that Developers, their successors, heirs, assigns or transferees, fail to install or construct said improvements in the manner and within the time specified herein, City may do any or all of the followinq: (a) Install or construct said improvements by contract or otherwise, and permission is hereby granted to City or its contractor and contractor's employees to enter upon any portion or portions of said property reasonably necessary for said construction, and the entire cost and expense of said improvements shall be charged against said property and said cost and expense shall be payable by developers, their successors, heirs, assigns or transferees, immediately upon completion of said improve- ments, and in the event the same is not paid within thirty (30) days from said completion, the City may foreclose said lien, as provided by law for the fore- closure of mortgages, and Developers agree that tine amount of said lien includes attorney's fees which shall be taxed as a cost in any suit or foreclosure. (b) Direct the Director of Public Works to estimate the cost of the work required to complete said improve- ments, and foreclose said lien in said amount. (c) Foreclose said lien as a mortgage. (d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, and Developers, their heirs and assigns shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. 7. It is also expressly agreed and understood by the parties to this agreement that in no case will the City of Chula Vista or any department, board or officer thereof be liable for any portion of the costs and expense of the work aforesaid nor shall any officer, of his sureties or bondsmen by liable for the payment of any sum or sums for the above-mentioned work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the Subdivision Map Act of the State of California and the provisions of Chapter 28 of the Chula Vista City Code. 8. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in con- nection with the approval of the improvement plans and the installation of the public improvements hereinabove provided for, and the cost of street signs and street trees as required by the City and approved by the Director of Public Works shall be paid be Developers and that Developers shall have deposited with the City a sum of money sufficient to cover said cost. 9. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Developers will be responsible for the care, maintenance of and any damage to said -2- improvements. It is further understood and agreed that Developers shall guarantee all public improvements for a period of one year from said date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Developers, their agents or employees in the performance of this agree- ment. 10. That upon acceptance of the work on behalf of the City, Developers shall grant to the City by appropriate conveyance the improve- mer.ts constructed pursuant to this agreement, provided, however, that such acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 11. It is understood and agreed that City or any officer or employee thereof shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Developers, their agents or employees in the performance of this agreement. Developers further agree to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of Developers, their agents or employees in the performance of this agree- ment, provided, however, that the approved improvement security shall not be required to cover the provisicns of this paragraph. Said idemni- fication and agreement to hold harmless shall extend to damages or taY~ing of property resulting from the construction of said improvements as provided herein to adjacent property owners as a consequence of the diversion of waters in the construction and maintenance of drainage systems and the approval of City of the improvement plans as submitted by Developers shall not constitute the assumption by the City of any responsibility for such damage or taking; nor shall City, by said approval, be an insurer or surety for the construction of said improvements pur- suant to said approved improvement plan. 12. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. THIS AGREEMEDIT shall be binding upon the parties hereto, and upon their heirs, assigns, successors in interest or transferees. IN WITNESS WHEP.EOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. SA. TOGA DEVELOPMENT COMPAtvTY ., ~ ~ ~~ ~~ 1~ ~ G' . ~_~ Approved as to form by George D. ;3~indberg, City Atto~ y `~ POUTOUS DEVELOPMENT COMPANY -3- ~' THE CITY OF CHULA VISTA EXHIBIT "A" LEGAL DESCRIPTION - RANCHO VISTA ESTATES All that portion of Quarter Section 88 of Rancho de la Idacion accord- ing to Map No. 166 on file in the office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the most Easterly corner of .Lot 1 of Rancho Vista Estates Unit No. 1 according to Map No. 6003 on file in the office of the County Recorder, said most Easterly corner being also a point on the Westerly Right-of-way line of Oleander Avenue; thence along the subdivision boundary of said Rancho Vista Estates Unit No. 1 the following courses and distances: North North North North South South South 46°52'58" 60°49'40" 76°58'00" 83°47'50" 81°34°30" 77°44'40" 71°19`20" west, a distance West, a distance TAest, a distance 4dest, a distance taest, a distance West, a distance West, a distance of of of of of of of 95.77 feet 167.47 feet 131.25 feet 78.00 feet 331.52 feet 71.80 feet 378.21 feet to a point on the Northerly line of Lot 18 of said Rancho Vista Estates Unit No. 1 distant North 71°19'20" East a distance of 14.1.2 feet from the Northwest corner of said Lot 18; thence leaving said subdivision boundary North 13°36'00" East, radially to Telegraph Canyon Road as shown on Road Survey 1086 on file in the office of the County Recorder, a distance of 459.08 feet to a point or. the Southerly Right-of-way line of said Telegraph Canyon Road, said Southerly Right-of-way line being the arc of a 4050 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 8°20'18" a distance of 589.40 feet; thence non-tangent to said curve along said Southerly Right-of-way line South 84°44'28" East, a distance of 563.18 feet to the beginning of a tangent 20 foot radius curve, concave Southwesterly, being also the intersection of the Westerly Right-of-way line of Oleander Avenue with the Southerly Right-of_-way line of Telegraph Canyon Road as shown on said P4ap No. 6003; thence along the Westerly Right-of-way line of Oleander Avenue as follows: Easterly and Southerly along the arc of said 20 foot radius curve thrcugh a central angle of 90°, a distance of 31.42 feet; thence tangent to said curve, South 5°15'32" 'vilest, a distance of 46.72 feet to the beginning of a tangent 470 foot radius curve concave Northwesterly; thence Southerly along the arc cf said curve through a central angle of 30°16'30", a distance of 248.35 feet to the POINT OF BEGINNING. All in the City of Chula Vista, County of San Diego, State:Qf California, comprising an area of 6.748 acres. All that portion of Quarter Section 88 of Rancho de la Nacion according to Map No. 166 on file in the office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the Southeast corner of said Quarter Section 88; thence along the Southerly line of said Quarter Section 88, South 71°22'17" th'est a distance of 236.60 feet to an intersection with the Southerly Right-of-way line of Telegraph Canyon Road f as said Telegraph Canyon Road is shown on Road Survey No. 1086 on file in the cffice of saia County Recorder; said intersection being on the arc of a 1250 foot radius curve, concave Southwesterly, the center of which bears South 30°54'59" West from said inter- . section; said intersection being the TRUE POINT OF BEGINNING; Page 1 of 3 ~ ,, -; •i EXHIBIT "A" thence continuing along the Southerly line of said Quarter Section 88, South 71°22`17°'~~'est a distance of 428.54 feet to a 2" iron pipe per Map No. 6003; thence continuing along said Southerly line South 71°22'17" West a distance of 108.78 feet to a point; thence leaving said Southerly line of Quarter Section 88, North 63°44'28" West, radially to Oleander Avenue as said Oleander Avenue is shown on said Map No. 6003, a dis- tance of 234.90 feet to an intersection with the Easterly line of Oleander Avenue, said intersection being on the arc of a 530 foot radius curve through a central angle of 21°00'00" a dis- tance of 194.26 feet; thence tangent to said curve North 5°15' 32" East a distance of 46.72 feet to the beginning of a tangent 20 foot radius curve concave Southeasterly; thence Tortherly and Easterly along the arc of said curve through a central angle of 90° a distance of 31.42 feet to the Southerly 1ir_e of said Tele- graph Canyon Road; thence along the Southerly Right-of-way line of Telegraph Canyon Road as follows: South 84°44'28" East a distance of 114.15 feet to th.e begirir_ing of a tangent 1250 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said 1250 foot radius curve through a central angle of 25°39`27°° a distance of 559.76 feet to the TRUE POINT OF BEGINNING. All in the City of Chula Vista, County of San Diego, State of California, comprising an area of 3.462 acres.. All that portion of Quarter Section 88 of Rancho de la Nacior. according to Map No. 166 on file in the office of the County Recorder of San Diego County, State of California, described as follows: Beginning at the Southwest corner of said Quarter Section 88 as said corner is shovan or. Map No. 6003 of F.ancho Vista Estates Unit No. 1 on file in tl:e office of said County Recorder; thence Easterly along the Southerly line of said Quarter Section 88 a distance of 120.00 feet to an intersection with the Easterly Ri~ht- of-way line of proposed Interstate 805 as monumented by the California Division of Highways, said intersection being also the most Southwest- erly corner of said Rancho Vista Estates L'nit No. l; thence along said Right-of-way line, being also the Westerly boundary of said Rancho Vista Estates Unit No. 1, North 2°38'10" baest a distance of 380.31 feet to a point; thence along said Right-of-way line and subdivision boundary North 12°16'41" west a distance of 132.82 feet to the most Northerly corner of Lot 22 of said Rancho Vista Estates Unit No. 1, said corner being the TRUE POINT OF BEGINNING; thence leaving said subdivision boundary Scuth 77°43'19" West a distance of 130.00 feet to a point; thence North 14°59'17" West a distance of 796.53 feet to an intersection with the Southerly Right- of-way line of Telegraph Canyon Road as shown on Road Survey Dap No. 1086 on file in the office of the County Recorder, said Southerly Right-of-way line being the arc of a 3150 foot radius curve concave Southwesterly, a radial line to said intersection bears North 11°10' 11" East; thence Southeasterly along the a.rc of said curve through a central angle of_ 4°27'00" a distance of 244.65 feet; thence tan- gent to said curve South 74°22'49" East a distance of 305.64 feet to the beginning of a non-tangent 4G50 foot radius curve concave T~Iortheasterly, a radial line to the beginning of said curve bears South 15°40'35" West; thence Southeasterly alcng the arc of said curve through a central angle of 2°04'35" a distance of 146.77 feet to a point, a radial to which bears South 13°36'00" West; thence radially from said point South 13°36'00" West, a distance of 459.08 feet to an intersection with the Tortherly line of Lot 18 of said Rancho Vista Estates Unit No. 1, said intersection bearing North 71°19'20" East, 14.12 feet from the Tdorthwest corner of said Lot 18; thence along, the boundary of said Rancho Vista Estates Unit No. 1 the following courses and distances: Page 2 of 3 ~`' 'i;'~%r' South 71°19'20'° titi'est a distance of 14.12 feet South 77°35'2.0" West a distance of 67.09 feet South 71°04'2G" West a distance of 95.00 feet South. 42°47'00" West a distance of 95.06 feet to the TRUE POINT OF BEGIPdNING. A11 in the City of Chula Vista, County of San Diego, State of California, comprising an area of 7.238 acres.