The URL can be used to link to this page

Home My WebLink AboutReso 1966-4240Loi~m No< <~4J RESOLUTION NO. 4240 RESOLiJ'I':It'~N OF "'F1E C~'I" l C+~UNC..l"I1 t}g~ "~r'i-iE ~,~ i"~' Or' ~~?:~I1::_I-~ ~,' IS:l'.'~ APPRO`~'LNG A~,REEMLNT BETWEEN 7'H}~ ::..QTY 0~ C;fIU:G:~ ~yl:~:I'A .AI~~D LES CHATEAUX, IN LIMITED PARTNERSHIP; BY: NASH ASSOCIATES; BY: NORTON DEVELOPMENT CO., RELATIVE TO ACQUISITION OF STREET RIGHT-OF-WAY AND AU'I'HOR1Z:NG THE 1~AL~R `i`C' .E:'~Et:;i?I'F' ~~A.I~IE The City Council of the City of Cr~.u~..~. ~~~~Ut.a. ~:3.oes h,~r4=by resolve as fol.l_ows : That that certain agreement b~etwet=r~ the City o~ tryrlu.ia, ~_i.~~ta, a municipal corporation, and LES CHATEAUX, in limited partnership; by: NASH ASSOCIATES; by: NORTON DEVELOPMENT CO., relative to the acquisition of cer'cain street right-of-way, namely MARL COURT, dated the 22nd da~~ of November l~ ._ __ ___.____.~ 66 _, a copy o ~: c~rh l c f-,. is attached h.e~eto and .incorporated he:re_n; -~t~e same as tho,~~~~. f;~.J. j_;,; set forth herein be, and the same is t-I-~-r~c~by appr,~ved~ BE IT FURTHER :RESOLVED that t.h~, :~a~or q,f *_he City o~ C'hulu Vista be, and. he is hereb~• authorized and directed to eX:ec~.zte sated agreement for and on beha?_f of said Cite.. Presented b Lane Cole, City Engineer Approved as to form by George D, indberg, City Atto ey ADO'~ED ~~:~D ARPROVF;D by th:: CITY COUNCIi: cf the CiIY CAF CH~J1A VISTn, CALIFORN IA, this _ 22nd day of November ~~ i966 y by the rollowing vote, to-wits Ak'ES;; Councilmen Sparling, Sylvester, Anderson, McAllister, McCorquodale NAYES~ Councilmen None ABSENTS Councilme;Y None ,-~ ~' a Mayor of the City of hu_a Vis a EiTTEST ~.. ~~.-•c.<<..c~-e-L' ~ ~~ City Cleric STATE OF CALIFORN L~ j COUNTY OF SAN D1EGG ,~ ~s . CITY OF CHUiA V?STA i I, ZENNETN ?, CA.'~iFBEL:~, City Cleriz of tl,e City of Ci~'lula Vista, California, DO HEREBY CURTIFY that the abo;re and for_egoi_ng is a full., true .nd. correct copy of ~.~.~__.._.~__~ ,, and that th.e same has nct been amended or repealed. DATED° City Clerk. AGREEMENT RELATIVE TO ACQUISITION OF STREET RIGHT-OF-Tro'AY - MARL COURT THIS AGREEMENT, made and entered into this 22nd day of November , 1966, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and LES CHATEAUX, in limited partnership, by: NASH ASSOCIATES; by: NORTON DEVELOPMENT CO., hereinafter referred to as "Subdivider"; W I T N E S S E T H - WI3EREAS, the City Council of the City of Chula Vista has heretofore, by Resolution No. 4234, approved on the 8th day of November, 1966, approved the tentative map of that certain subdivision known as FLAIR ANNEX SUBDIVISION, UNIT NO. 1, and WHEREAS, as a condition precedent to or concurrent with the acceptance and approval of the final subdivision map of said sub- division known as FLAIR ANNEX SUBDIVISION, UNIT NO. 1, the City Engineer has recommended the completion of all improvements in con- nection with said subdivision, more particularly that certain street known as Marl Court, required to provide access to said subdivision, and ~- WHEREAS, Subdivider has been unable to acquire, by negotiated purchase, a necessary portion of said Marl Court, being an off-site improvement of said subdivision known as Flair Annex Subdivision, Unit No. 1. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. LES CHATEAUX, in limited partnership, by: NASH ASSOCIATES; by: NORTON DEVELOPM..ENT CO., hereby agrees to deposit with the City of Chula Vista the sum of ONE THOUSAND, SIX HUNDRED DOLLARS ($1,600.00) prior to or concurrent vaith the approval of this agreement by the City Council of the City of Chula Vista. 2. Said deposit may be used by the City of Chula Vista for the acquisition of certain street right-of-way, for the extension of that certain street, known as Marl Court, as shown on the tentative map of Flair Annex Subdivision, Unit No. 1, which street has hereto- fore been dedicated by Subdivider and accepted by Resolution No. 4240 approved on November 22, 1966, such. right-of-way and extension to run in a southerly direction from the South boundary of Flair Annex Sub- division, Unit DIo. 1, to the North line of the right-of-way of East Rienstra, such right-of-way to be 55.59 feet in width, exclusive of slope rights, and more particularly described as follows: That portion of the South 330 feet of the North 1320 feet of the East one-half of the West one-half of quarter Sec- tion 92, Rancho de la Nacion, in the Ccunty of San Diego, State of California, according to Map thereof No. 166 by Morrill, on file in the office of the County Recorder of said San Diego County, lying within the following described boundary: Beginning at a point on the North line of said South 330 feet distant thereon North 72°11'40" East, 161.84 feet from the Northwest corner. thereof, being also a point on ;' the arc of a 21.87 foot radius curve, concave Northwesterly, the center of which bears South 64°35'10" West from said point; thence Southerly and Westerly along the arc of said curve, through a central angle of 120°30'27", 46.00 feet to a point of tangency with the North line of East Rienstra Street, as dedicated in Princess Manor Unit No. 7, accord- - ing to Map thereof No. 5585, filed in the office of said -1- ^~ .. , ~ .. County Recorder; thence, along said North line of East Rienstra Street, South 84°54'23" East, 96.00 feet to the beginning of a tangent 18.88 foot radius curve, concave Northeasterly; thence [bTesterly and Northerly along the arc of said curve, through a central angle of 79°27'53" 26.18 feet; thence, tangent to said curve, North 5°26'30" West, 39.90 feet to an intersection with said North line of the South 330 feet; thence along said North line, South 72°11'40" West, 55.69 feet to the POIDTT OF BEGINNING. Necessary slope rights as required by the City Engineer shall also be acquired for said street extension. 3. The deposit shall be used for the acquisition of land to be deposited as security for immediate possession with the Court. In addition thereto, Subdivider agrees Lo provide attorneys' fees, court costs and expert witness fees which may be involved in any con- demnation proceedings. Subdivider agrees to provide the City, at Subdivider's expense, an appraisal in suitable form for use in any condemnation proceeding. 4. The City of Chula Vista agrees to pass a resolution authorizing condemnation proceedings for the acquisition of the afore- mentioned street right-of-way. 5. It is further agreed by a~xd between the parties hereto th a-t should the Count of cash deposited exceed the total cost of acquisition of right-of-way, ir_cluding court costs, attorneys' fees and expert witness fees, then the excess shall be returned to Sub- divider. Should_ the amount of the cash deposit be insufficient to cover the aforementioned costs, the Subdivider agrees to pay the City, upon demand, such deficiency. 6. This agreement is made, among other reasons, to satisfy the requirements of the City of Chula Vista in connection with the approval of the tentative map of Flair Annex Subdivision, Unit No. 1, and the proposed final map of said subdivision. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of the Mayor of said City, acting under and pursuant to Resolution No. ~f~ ~U of the City Council of the City of Chula Vista, and Subdivider has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. THE CITY OF CHULA VISTA ~~„ 1, • L_~ ~ ~' ,~ ; ~, ~._,4r ayo r SUBDIVIDER: LES CHATEAU, in limited partnership, by: NASH ASSOCIATES; by: NORTON DEVELOPMENT CO. Harvey Furg~tch, Secretary Approved as to form by George D. Lindberg, City Attorney 1~ 1 1ni 11~