HomeMy WebLinkAboutAgenda Statement 1987/04/14 Item 16 - _ ,
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' COUNCIL AGENDA STATEMENT
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,; . Meeting Date 4/14/87
' ITEM TITLE: a) ResoluLion�993 Conditionally approving the final map for
i: Chula Vista Tract 83-3, Hudson Valley Estates Unit �Jo. 2
�' b) Resolution Accepting grant deed for one foot control
;- , lot "A" shown on the Final Map
'� SUBMITTED BY: Director of Public Works/City Engineer ��
� . � REVIEMED BY: City �4anage�/ (4/5ths Vote: Yes No X )
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On May 17, 1983, by Resolution 11236, the City Council approved the 7entative
' ' P1ap for Chula Vista Tract 83-3, Hudson Valley Estates Unit No. 2. The Final
,i. t4ap for said subdivision located in the Las Flores Drive Assessment District
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is now before the City Council for approval .
�.' RECOI�PIENDATION: That Council adopt the resolutions as listed in the title
� hereto if Council approves formation of the Assessment District 85-1 (Las
� Flores Drive).
, ALTERNATE RECOhUTAENDATION: , That Council deny approval of the final map if
• Council does not approve formation of the Assessment District.
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BOARDS/COFQ4ISSIONS RECOhR4ENDATION: Not applicable.
DISCUSSION:
' �The final map for Chula Vista Tract 83-3 has been checked and found to be in
,: conformance with the tentative map. The owners have paid all fees and
submitted all required docunents and bonds. All conditions of approvel have
- been met with the exception of the requirement to construct .street
inprovenents in Las Flores Drive as required by �4unicipal Code and the
� requirement to install a street light at the intersection of Second Avenue and
' "C" Street which will be discussed later in� this report. Assessment District
„ 85-1 is proposed as the method of guaranteeing and constructing said
�ir�provements. If Council , by previous action, has approved forination of
T , �Assessment D,istrict 85-1 (Las Flores Drive) , staff considers this to be
- . adequate. guarantee of construction of said street improvements as required by
, the State Subdivision tdap. Act and the Municipal Code and it would be
appropriate to .approve the subject final_ map: If Council has chosen to not
(. ' • approve formation of the district, then it would be inappropriate. to approve
' the subject final map ' until such time as the developer provides adequate
, surety bonds and enters into a subdivision .improvement agreement to guarantee
1 the required improvements as required by the Map Act.
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J Page 2, Item 16
_ -• Meeti ng Date�/$7
=. Additionally, if said district is not formed, sufficient right-of-way to
i. construct said improvements must be acquired by the developer. Portions of
said right-of-way have been presented -for acceptance in previous actions
' . ' tonight in conjunction with approval of Chula Vista Tract 82-7 (Las Flores
_. Subdivision) and a separate agenda item for individual easements.
•• The one foot control lot presented for acceptance is at the northerly end of
. Las Flores Drive. Acceptance of said one foot control lot will allow the City
to control access and development at the northerly end of the street.
..� Approval of the final map includes acceptance of the drainage and access
easements to maintain drainage facilities, and the tree planting and
' maintenance easements, and acceptance on behalf of the public of Las Flores
:� Drive and Second Avenue as dedicated�on said Final Map.
' Among the requirements contained in the resolution approving the Tentative htap
i was the requirement to construct a street light at the intersection of Second
Avenue and �"C" Street. Staff would consider this requirement to be
'- accomplished if a bond is posted and a construction permit issued for the
� work. As of.. the time of writing this report, said permit has not been
issued. Staff recomr.iends that Council approve the subject Final Subdivision
1•fap. 'subject to the condition that the map not be released for recordation
.- until such time as developer provides a bond and obtains a construction permit
for the subject street light.
;_• A plat is available for Council viewing.
' FISCAL IMPACT: None.
' IdPC 2706E
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' y the City Council of
± Chula Vista, California
' Dated
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/�993
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S�Y�ca� De[I�ia�ior►
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_Chul a.. �/i st'c.i_`�ract_$-3-3...._—.. '
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PROPOSED BOUNDARIES-
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AqenCy Lou dones 6 Associa[es �� I �1
Addie55 0 o roadway, Ste. 1001
San Diego, G. 92301
Hudson ValleY II. [ract ro_ 83-3
(�ame of Subdivisio�)
Oond No. Pre�aii:m
35M 696 660 00 5100.00
SUSDIVISION PERFORYF.t:CE HOTD
FOR SEiTING N,ONu;1E^iT5
IN THE �yty of Chula V3sta
K!�OW AI.L hiN BY THESE PRESE\TS: That pole[ta 9�e wdeon
_• an individual as PRI::CIPAL, and pwerican trocoriscs
Insurance �pany , an Illinoia corporatio�, exis:ing unCer t�e laws
of the State of California, as SURETY are held and iiruily
bound into che city o[ ctwia visca State of California, in
Line Hundred Eighty-Five
the penal suta of s do/iao(5985.001 for the pay�aent of -
�ahich sum, well and truly to be made, we bind ourselves, our
heirs, executors, successors, and assigns, jointly and
severally, by these presents.
The condition of the above obliga[ion is such that the
said PRIA�CIPAL intends to file �iith the cnuncii of che ciey of
_ _ Hudson Valley II
Chuie vista a final sabdivision nap o: nacc xo. 83-3 �
� tJHEREAS, the certificate of the Engineer or Surveyor on
said map provides Yhat the monumencs will be set on or before
a speci:ied da[e; and �
W�IEREAS, the Subdivision Map Act of the State of
California (Sections 11566 and 11592 0: the Business and
Pro:essions Code) requires said PRINCIPAL to :ile a good and
sufficient bond guarantee:ng paynent o: [he cost of setting
the monunents;
NOW, THEREFORE, i: said PRINCIPAL, within 30 days after
the setting of the said final monuments, furnishes written
nOtiCe thereof to the �[y Eligineer -of the Cicy oE Gula vista
and pays thc Engineer or Surveyor for se[ting said final
�aonuments, and presents evidence of such pay..:ent and receipt
thereof to the cicy engineer- together vith a request that
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this bond be released, then this obligaiion shall cease
- and be void; othecwise it shall rc�ain in full force and
effect.
The said SURETY, for value received, hereby sti�e:lates
and agrees that no change, extension of tic�e, alteration
or addition to the work or improvement or to the cfisa and
place for setting final mon��sents :=a11 in any way affect it
obligations on this bond, and it does hereby waive co;ice
of any such change, ex[ension of time, alteration or addicion
to the work or improvement or to the time and place for sett-
ing final mona�ents.
In the event suit is brought upon this bond by the - -
cicy of chula visra or by the Engineer or Surveyor to enforce Ue
teras hereof, the SURETY shall pay all costs incuczed by the
in such suit, including a reasonable su.� for attorney's
fee, to be fixed by order of the Court.
WI:NESS OUR HANDS this 21 dzy oi Aoril . 19��.
Ebletta Sue Hudson
BY ,O�v""'�''=� ',��^�`�J�
By
Principal
• }Vaerican Momrists Insuranw C!vo3nv
Approved as t orm by BY �� � �
� �/� Attorney-in-Fact
6 Jo1m L. Beall
Surety
Th .as J. Harron ty Attorney
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�� � STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEf,O ) APH 2 11987
On 19 , before
�e a liotary Public in, apd��r�i,¢��.
uersonally aopeared �) �L�
�.;���� �e1 known to �e to be the oerson whose naae is
- �:v.�i��eaeoc:exs subscribed to the within Instru�+ent as the
- ,,,, �,. .,��cc..�.w�u Attorney-in-Fact of AMERICAH PiOTORISTS
� raVO:+. orrice �r+ INSURAYCE COMP47Y, and acknowledned to �e
� s,:.mc:ocou�.n that he subscribed ihe naae of said Lowoan
`�"�°"�isi°�°m���'�� thereto as Surety, and his own nawe as Y
Attorney-in-Fatt.
� �,.�� ,, ��
Yan anne G. Roaers , Not ry
1 7_q�i3 �_�L 99-�_
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� � AMERICAN MOTORISTS INSURANCE COMPANY ��
Home O�ce: LongGrove, IL 60049 �,
POWER OF ATfORNEY
� ��°w/UI Men By These Presents:
�at the American Motorists insurance Company, a corporation organized and existing under the laws of the State dillinois,and
i avingitsprincipalofficeinLongGrove, lllinois,dcesherebyappoint•••••••••••••••••••••••••••••.••••..........
�� John L. Beall of San Diego, California**+►+►+F�r�r+�rt�+�.�.+*w+r+rw►*�r���a�*.�.* —
' iu true and lawful agent(s)and attomey(s}i�(act,to make,execure,seal,and deliver durin the
issuance of this power and ending December 31, 1988, unless sooner revoked for and on its beehalf as�su ety, and a its acttand
; d�� Arly and all bonds and undertaki
ngs provided the amount oY no one bond
► or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)*++t+F+►
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' EXCEPTION: NO AUTHORI7Y is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
. payment or collection of any promissory note,check,drah or letter of credit.
This authoriry dces not pertnit the same obligation to be split into two or more bonds in order to bring each such bond within the
► dollar limit of authoriry as set forth herein.
� This appointrnent may be revoked at any time by the American Motorists Insurance Company.
The execuGon of such bonds and undertakings in pursuance of these presenu shall be as binding upon the said American Motorists
Insurance Company az fully and amply to all intents and purposes,as if the same had been duly exxuted and acknowledged by its
regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988.
s Power of Attorney is executed by authoriry of a resolution adopted by the Board of Directors of said American Motorists
urance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinaher set forth and is
• ereby certified to by the undersigned Secretary as being in full force and effect:
� WOTED,ThattheChairmano(IheBoard,theChairman,thePresident,oranyYCePresident,ortheirappointeesdesignatedinwritingandfiled
with the Secretary,or the Secretary shall have the power and authoriry to appoint agents and attomeysirr(act,and to authorize diem to exxute
on behalf of the Company,and attach the seal of the Company[hereto,bonds and undertakings,recognizances,coni2tts of indemniry and other
writings,obligatory in the nature thereof,and any such o�cers of the Company may appoint agen[s(or acceptance ot process"
r This Power of Attomey is sigried,sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
� WOTED,That the signature of the Chairman of the Board,the Chairtnan,the President,any Yce President,ar their appointees desi
writin and filed with the Secreta and the si nature of the Secreta the seal of the Com S�ated in
� B R: 8 ry, pany and certifiwtions by the Secretary may be a�xed
by facsimile on any powe�af attomey or bond ezecuted pursuant to resolution adopted by the Board of Direttors on May 20th, 1981 and any
such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue ro be valid and
binding upon the Company."
- In Testimony Whereof,the American Motoris[s�s�rance Company h s ca this instrument to signed and its corporate seal
ro be affixed by its authorized officers,this day of �Pr�� , 19
' ������fi�� AMERICAN MOTORISfS INSURANCE COMPANY
� Yv�S
`�' BY � �u�.�
� R. .1 nson, retary
G.H.Kas m,Yce President
SfA OF I NOIS
� CO NTY O L410E ss
, I,OI W. ennett, a Notary Public,do hereby certify that G. H. Kasbohm and R. H.Johnson personally known to me to be the
same ns whose names are respectively as vice President and Secretary of the American Motorists Insurance Company, a
Corporation of the State of Illinois, subscribed to the(oregoing instrument,appeared befare me this day in person and severally
acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
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Mycommissionexpires:•November18, 1988 . olgaweennen,rvaaryPub��c
� FMB364 »6 �rn PRINTEDINU.S.A.
Power p{A¢orney—Terin
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CERTIFICATION
^ . I,Sven L.�ohanson,Secretary of the American Mo[orists Insurance Company,do hereby certifv tha� e att ch�d Po of Attomey •
'': - dated AUril 8, 1987 on behalf of John L. Beal� o� San ��ego, �
Californiaa}�.****w**�r**ar*�*�s+r� ******* ***
', is a true and correct copy and that the same has been in(ull force and effect since the date thereof and is in full force and effect o
the date of this certificate; and I do further certi(y tha! the said G. H. Kasbohm and R. H. Johnson who executed the Power � �
. Anorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the du �
elected Yce President and Secretary of the American Motorists Insurance Company.
IN TES7IMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur- ,�
ance Company on this��day of , 19 ,
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Sven L.Johanson,Secrerary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifical ly named therein,and they �
have no authority to bind the Company except in the manner and to the extent herein stated.
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