HomeMy WebLinkAboutReso 1986-12437 RESOLUTION NO. 12437
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DOCUMENTS DEEDING A
PORTION OF CITY OF CHULA VISTA PUBLIC WORKS
YARD AS RIGHT-OF-WAY FOR BAYFRONT TROLLEY
STATION PROJECT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the County of San Diego, acting as acquiring
agency for the Bayfront Trolley Station Project, has submitted
documents for approval by the City of Chula Vista which would
deed a portion of the City of Chula Vista Public Works Yard as a
right-of-way for the Bayfront Trolley Station Project, and
WHEREAS, the property to be acquired, which is shown on
the attached exhibit as Parcel E, is an approximate 40' x 490'
right-of-way or 0.450 acres, and
WHEREAS, an appraisal of Parcel E, and other parcels to
be acquired as part of the Bayfront Trolley Station Project, was
conducted by Hilliard Lipman & Associates, and
WHEREAS, the appraised value of the City property
(Parcel E) is ~147,000, and
WHEREAS, the City of Chula Vista and the County of San
Diego have entered into an agreement for development of the
Bayfront Station which specified that the City and the County
will share equally in the development costs of the station.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the "Statement of
Just Compensation. for the City property in the amount of
~147,000.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve the Grant Deed granting Parcel
E to the County of San Diego for right-of-way for the Bayfront
Trolley Station.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve the "Real Property Contract"
between the County of San Diego and the City of Chula Vista
relating to acquisition of the subject property.
-1-
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Grant Deed and Real Property Contract for and on
behalf of the City of Chula Vista.
Presented by Approved as to form by
J f Cha~rles ~. Gill, Assistant City
P~blic Works/City Engineer Attorney
1409a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th doy of Apri 1
19 86 , by the following vote, to-wit:
AYES: Councilmen: Malcolm, Moore~ Scott, McCandliss
NAYES: Councilmen: None
None
ABSTAIN: Councilmen:
Cox
ABSENT: Councilmen:
MAYOR PRO TEMPORE
City C~k:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, ,JENNIE M. FULAsz, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the ob(we ond foregoing is o full, true end correct copy of
RESOLUTION NO. 12437 ,ond that the some hos not been {]mended or repealed.
DATED
~ City Clerk
CI'IY OF
CHUIA VISTA ..
WHEN RE_CE)HOED, PLEASE MAIL
~ THtS-INSTRUMENT TO:
Clerk, Board of Supervisors o~ ................
San Diego County Administratie~Ge~ter VEP, A L. LYLE, cOUNTY
1600 Pacific Highway
San Diego, California 92101
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
Grant Deed
BAY FRONT TROLLEY .S
Asse 's c k Project
NO. gb~ - oP3~-~ Z
W. O. No. l~zoz3
Parcel No, 84-0323-A
THE CITY OF CHULA VISTA
For a valuable consideration do (es)hereby GRANT to the COUNTY OF SAN DIEGO all that ~al property in
County of San Diego, State of California described as follows:
Parcel No. 84-0323-A (8-30-84) (JA:DMW:rlf)
The Northwesterly 40.00 feet of the Southeasterly quarter of the Northwesterly
Quarter of Quarter Section 162 of RANCHO DE LA NACION, in the City of Chula
Vista, County of San Diego, State Of California, according to Map thereof No.
166, filed in the Office of the County Recorder of San Diego County, May ll, 1869,
EXCEPTING the Northeasterly 30.00 feet AND the Southwesterly 140.00 feet therefrom.
CCSF, 85.15, 5/77
Dated this 15t~ day of April ,1986.
THE CITY OF CHULA VISTA
.~ ~/ , y of Chu'la Vista
Jennie M. Fulasz, City~Clerk
STATE OF California
County of San Diego ~ ss.
City Clerk of the City of Chula Vista
On. , 19__before me, the undersigned,
, .~- personally appeared Greqory R. Cox and jennie M. Fulasz '
known to me to be the person s whose names are subscribed to the within instrument,
and acknowledged that they executed the same.
Wkness my hand and official seal.
~ Adele A. Sarmi~nto, Deputy City Clerk
STATE OF CALIFORNIA, '1
County of San Diego.~' ss.
On this day of in the year 19 . before me, ROBERT D. ZUMWALT,
Ccunty Clerk and ex-officio Clerk of the Superior Cour~ in and for said County, which is a court of record having a
seal, personally appeared
knuwn to me to be the person described in and whose name
subscribed to and who executed the annexed instrument, and acknowledged to me that.
he executed the same.
in Witness Whereof, I have hereunto set my hand and affixed the seal of said Court at my office in the County of
San Diego, the day and year in this Certificate first above written.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court
By. , Deputy
Fhis is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego,
political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant
:o authority conferred by Resolution of said Board adopted on ,March 20, 1 979, and the Grantee consents to recor-
Jation thereof by its duly authorized officer.
//Z~C.-FRANK C. DEMLING. Deputy Director
REAL PROPERTY CONTRACT
San Diego, California
Project Title: C.¥. Bay Front
_April 15 , 19 86 Trolley Station
GRANTOR(S) Work Order No: TE2623
CITY OF CHULA VISTA Parcel No. : 84-0323-A
A Grant Deed, in the form attached hereto as Exhibit "A" and made a part
hereof, has been executed and delivered to Ron Gerow, Real Property Agent of
the County of San Diego, for acceptance by the Board of Supervisors of the
County of San Diego hereinafter called County.
In consideration of which, and other consideration hereinafter set forth,
it is mutually agreed as follows:
1. The performance of this agreement constitutes the entire consideration
for said document and shall relieve the County of all further obligation
or claims on this account, or on account of the location, grade or
construction of any proposed public improvement, except as noted in
Paragraph 3, following.
2. "The County shall:
A. Pay all escrow and recording fees incurred in this transaction;
the premium charged for title insurance, if such insurance is desired
by the County. Said escrow and recording fees shall not, however,
include forwarding fees, trustees' fees, reconveyance fees, or
prepaj~nent penalties.
3. It is agreed by and between grantor and County that said Grant Deed
has been executed and delivered to County by grantor in accordance
with provisions set forth in that certain Agreement between the
City of Chula Vista and the County of San Diego entered into on
May 15, 1984, in the form attached hereto as Exhibit "B" and made
a part hereof; and that delivery of said Grant Deed by grantor,
and approval of acceptance of said Grant Deed by County, shall
offset $147,000 of grantor's share of project cost as defined in
Section 2, Paragraph 7 of said Agreement entered into May 15, 1984.
4. The grantor agrees to indemnify, defend and hold the County of San Diego
harmless from any and all claims arising from any damage or loss to im-
provements on the premises, and to other parties prior to delivery of
possession to the County. Sould improvements suffer any damage or loss
prior to delivery of possession to the County, the COunty ~ay recover from
the grantors the value of such damage or loss. The County assumes responsi-
bility for any loss or damage 'that occurs after delivery of possession to
the County.
5. The grantor shall retain possession of the property conveyed up to and
including the date escrow is closed and all rents derived from said pro-
perty up to and including said date shall be paid to the grantor, but all
rents derived thereafter shall be paid to the County. Either party hereto
collecting rents to which the other party is entitled shall forthwith pay
such amount to the other as is necessary to comply with the provisions of
this paragraph.
6. The undersigned grantor hereby covenant and agree to indemnify, defend
and hold the County harmless from any and all claims that other parties
may make or assert against the title to the premises. The grantors'
obligation herein to indemnify the County. shall not exceed $147,000.
7. The undersigned grantor hereby agrees and consents to the dismissal of any
eminent domain action which may be filed by the County against said
Parce~84-O324-A and also waives any and all claims to any money that
may be deposited in the Superior Court in said action.
8. Grantor warrants that there are no oral or written leases on all or any
part of the property exceeding a period of one month, and the grantor
agrees to hold the County harmless and reimburse the County for any and
all of its losses and expenses occasioned by reason of any lease of said
property held by any tenant of grantor for a period exceeding one month.
9. The obligations of the County under this contract are subject to complying
with Section 25350 of the Government Code of the State of California. It
is understood, however, that the County Board of Supervisors will be immedi-
ately requested to authorize publication of the Notice of Intention to
Purchase the subject property. If, upon the hearing pursuant to said
Notice of Intention to Purchase, the Board of Supervisors of the County
shall determine that it is not in the public interest to purchase said
property, this agreement shall become null and void and the parties here-
to shall be relieved of all obligations hereunder.
The parties hereto have herein set forth the whole of their Agreement. No con-
sideration other than that set forth herein will be honored.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
A~p~oveda~/.m~horiz~theBoard CITY OF C~ VISTA y ~ .
~ Supe~iso~ ~ the ~unty of ~n Oie~
C By:
Clerk o( the Board of Supe~s~ COUNTY OF SAN DIEGO
Clerk, Bo~l~ of Suoervisors