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HomeMy WebLinkAboutReso 1967-4301 (3)Form No~ 342 RESOLUTION NO~ 4301 RESOLUTION OF THE CITY COUNCIL OF THE CITY Oro CHULA VIS'T'A APPROVING AGREEMENT BETWEEN THE CITY O.c' LHULA VlS'I'A ANI~ DAS5 CONSTRUCTION CO. OF SAN DIEGO GUARANTEEING CERTAIN OFF-SITE IMPROVEMENTS IN CHULA VISTA GARDENS N0. 2 AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula. Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a municipal corporation, and Dass Construction Co. of San Diego relative to the acquisition of certain street rights-of-way, namely East Oxford Street, in Chula Vista Gardens No. 2 dated the 17th day of January ~, 19 67~, 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 Mayor of the City of Chu.lu Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City, Presented by Lane F. Cole, Di for of Public Works Approved as to form by George Lindberg, City At ney •-1- ADORiE'J JiND APDROVF;D b_y :h:~ CITY CJI.TNCIi of the TY OF CH(JLA VISTh, CALIFGRNIA, this 17th day of ~__ January ~, 1967 , by the r:~llo*.aing vote, to-wit: AYES; Councilmen. _Sylvester, Anderson, McAllister, McCorquodale, Sparlin~ NAYES° Councilmen None ABSENTa Councilmen None ~' ~ ~ ~~ _ yor.of the Ci y of China Vista ATTEST `e ~' ..-~.cl,c~„c -P~~,. -~~~~ City Clerk STATE OF CALIFORN LA ) CGUNTY OF SAN DIErG ;~ ss . CITY OF CHULA V?STA 1., KENNETH. ~ , CA:~IEBEL~, City Clerk of tr,e City of Chula Vista, California, DO HEREBY CERTIFY that the abo:re ar.d foregoing is a full., true and. correct copy of and that the same has not been amended or repealed. DATED City Clerk y 301 CC-652 AGREffi~lIc~NT RELATIVE TO THE ACQUISITION OF STREET RIGHT-OF-WAY - EAST OXFORD STREET THIS AGREEMENT, made and entered into this 17th day of .Ta.nua.r~ , 1967, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City",.and DASS CONSTRUCTION CO. OF SAN DIEGO, hereinafter referred to as "Subdivider"; W I T N E S S E T H: WHEREAS, the City Council of the City of Chula Vista has heretofore, by Resolution No. 4032 adopted on the 5th day of April, 1966, approved the tentative map of that certain subdivision known as CHULA VISTA GARDENS NO. 2, and WHEREAS, as a condition precedent to or concurrent with the acceptance and approval of the final subdivision map of said subdivision, the City Engineer has recommended the completion of all improvements in connection with said subdivision, more particularly a portion of that certain street known as East Oxford Street, being an off-site improvement consisting of an eight foot (8') lane adjacent to the boundary of said subdivision, and WHEREAS, Subdivider is presently negotiating for the acquisi- tion of said property required for said off-site improvement but has been unable to acquire the required property prior to the approval of the final map of said subdivision known as CHULA VISTA GARDENS NO. 2. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. DASS CONSTRUCTION CO. OF SAN DIEGO hereby agrees to deposit with the City of Chula Vista a bond in the amount of TWO THOUSAND DOLLARS ($2,000.00) prior to or concurrent with the approval of this agreement by the City Council of the City of Chula Vista. 2. The condition of said bond shall be that said sum of money may be used by the City of Chula Vista for the acquisition of certain street right-of-way for the necessary widening of that certain street known as EAST OXFORD STREET, as shown on the tentative map of CHULA VISTA GARDENS NO. 2 and on the final map of said subdivision. 3. In addition thereto, Subdivider agrees to provide attorneys' fees, court costs and expert witness fees which may be involved in any condemnation proceedings should Subdivider be unable to acquire said necessary land by negotiation. Subdivider further 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 the necessary resolution authorizing condemnation proceedings for the acquisition of the aforementioned street right-of-way. 5. It is further agreed by and between the parties hereto that should the amount of the bond deposited exceed the total cost of acquisition of right-of-way, including court costs, attorneys' fees and expert witness fees, then the excess shall be returned -to Sub- divider. Should the amount of the bond on deposit prove to be in- sufficient to cover the aforementioned costs, Subdivider agrees to pay the City, upon demand, such deficiency. 6. This agreement is made, among the requirements of the City of Chula Vista approval of the tentative map of CHULA VIST proposed final map of said subdivision. other reasons, to satisfy in connection with the A GARDENS N0. 2, and the -1- ~~ ~i 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. 4301 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 ,~ C"' t. ~~ ~ ~ N . !~: ayor Approved as to form by //1~jr \/ George D, indberg, City Attor '~ o` r- "z o w U ~~ vo w ~3 ~o .~ z O Y U C Q °az EO o F uQ v~ Fo o O ~v v m J O Z f 0 LL state of California County of SS• San Diego °n Jan. 17, 1967 - before me, the undersigned, a Notary Public in and for _______crl~;21-_D}e~©________________County, Califor,liia, personally appeared RO~FgR'~' J. KOLKE~' known to me o e t e________________________ resident, and AARON H. KOLKEY known to me to be the____________________________$ecretary of ~ the corporation that executed the within instrument, ~ and known to me to be the persons who executed the o f within instrument on behalf of the corporation therein ~ named, and acknowledged to me that such corpora- ~ tion executed th with' instr ent pursuant Jo its By-Laws or a Re I io f its d of irectors. ti WITNESS my h n fficia 'a W a ~ (Sear. '~.`'~ '~ ~~.. ~ --t.J~ '~ ----- ~f 3o I ~ ~,K ARTHUR GRANT ~ "•° .,< ~: ~ NOTARY FUFSLIC -CALIFORNIA ~ ,,:`^ PRWCIFAL OFFICE IN ~ ''<` SAN DIEGO COUNTY R-~t 3~l -2- SUBDIVIDER: DASS CONSTRUCTION CO. OF SAN DIEGO ~ ~ i ~~ ~,~ f n ~ o~~ W.t3 f." i `,yti '3 3 C ~ _ s. _ i ^ ^ ~ . SAFECtO {, - ~ , Home O(ficef 4347 B.ooklyn Arc. N.E., Senttfe, IYesKington:98105 ~ ~ ~ ' - ` Bond No. 571}L.b3 ,' Subdivision Improvement Bond ~~ Faithful Performance (California) t , KNOW ALL MEN BY THESE PRESENTS: That DDS CG`:STP~iTCTION CG. O~4 S~LPi DIEGO, a i C:CS?^t1C3Y'at1 ~~ as Principal and the ~~ General Insurance Company of America, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and ( firmly bound unto CITY OF CHUL "-~ ~TISTEI., Sa_i Diego CoL~.nty, Cali forma ~'. - _. €'. in the sum of Tu"T('i T'~TO?Tj_~`'-~.l`~TD ~'T'vD P~Of 1.00- ------ ----------------- ----------------------------------------Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. ' ,, THE CONDITION OF THIS OBLIGATION 1S SUCH, That Whereas, the Principal entered into a certain Agree- ment or Contract with the Obligee, dated the l 6th day of January ~ 19 67 wherein the Principal has agreed to complete the following improvements: Completion of all improvements in connection ~.vith Chula Vista. Gardena P~?a. 2, rlcre particularly a portion of that certain street knoh~r_ as East Oxford Street, being an off-site inprove- m~er~t consisting of a.n eight foot (~1) larxe adjacent to the I~n~undary of ~~~d subdivision, and as more u ly set ~fo th to sat t~greement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void, otherwise to remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person, firm or corporation other than the Obligee named herein. A consent of Surety shall be required for any extension of time to complete said improvements. SIGNED and SEALED this ~ nth day of JanUarV 19t?7 . "~ r~aS; rnrT~TpTTr;TTnt~T Cn. (?F ^N DIEGO .j, TT' ~/"~~ ~-,~" ~{ i~ "~ Principal I~ GENERAL INSUR.Qsi7CE COMPANY OF AMERICA ,./~' ,. B.y:~ ~ :~`~--- f ,,. _ '~ len l~~OSS, Attorney-in-Fact 1,.00 Cedar St . ,San D Logo, Califon Address S-82( ZAGS PRINT@D IN U.S.A. State of California County of SS. San.Diego on Jan 17th, 1967 - before me, the undersigned, a Notary Public in and o for _____y~~.]~_D12~0___________________County, California, .o r personally appeared Robert J. Kolkey ` o known to me to be the________________________President, and 3 Aaron H. Kolkey. ,~ o known to me to be the___________________________Secretary of o Y ~ the corporation that executed the within instrument, o a ~ and known to me to be the persons who executed the " E o Do within instrument on behalf of the cor ration therein v a ~ named, and ackn ledg d to me h such corpora- .. ~ p ~ tion executed t ithi instru nt pur uant to its '' ~ ~ By-Laws or a Re of io it of irectors. 3 ° ~ WITNESS my had f' i ea ~3p j ~, N ~ 7 ' W sal J ~ (Seal) _ _ - ~`~,~ Z _ ''" ~ -9"' AR?HUR GRANTl _ ~ ~ "~` NOTARY PUBLIC • CALIFORNIA ¢ ~ :~ .tits'. 0 0 ~ ,_~ ~' PRINCIPAL OFFI ~. CE iN i p, SAN DicGO COUNiY _ STATE OF ~ ; ~ ; ~ ~ ~ zJ~/ -~~.~__~'~_'_~_v. COUNTY OF~Tl P~~ ss. On this 16th .day of January 19 6~ ,personally appeared before me 1~ _ ~T T?''1`7 T"~S~ the attorney-in-fact of General Insurance Company of America, with whom I am personally acquainted, who being by me duly sworn, stated, that he resides in the city of Sall. Die~Q in the State of California , that he is attorney-in-fact of General Insurance Company of America, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order~6fZhe Board of Directors of said company; that he signed his name thereto as attorney-in-fact under like authority and J`that said authority has not been revoked or rescinded. /) / ` ~i~t~^~~+H:'t,;:i'Ii.~Fr':MW+~i'~:~.W4w:f3M4st3~+:w:s,'~i',~*'~ ,~J ~G ~"u`~'•:~,^ ,f1n~s'ie V. Jllc~uricio ~ ~ ~~~ NOTARY AFFIDAVI ~1 ~ :<<-'; NOTARY PU3LiC - CALIFO~IIA ~ ~~1(~T~ r', 1kIALTRICIb; Notary Public ' `` PRINCIPAL OFFICE M ~ ~ ty v_ .cr ~~ lVl Commission rx iree Ma 19, 1967 SAN DIEGO COUNfY Y A Y , s2ao 6-a1 +t~.'~.`~+.~ 1«+~+:MH~~+~"i~6 400 Cedar St., San 1)ie~o, Calif. PRINTED IN U.S.A.