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HomeMy WebLinkAboutReso 1986-12449 RESOLUTION NO. 12449 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT COMPANY TO COVER THE FULL COSTS OF THE ACQUISITION OF RIGHT-OF-WAY EASEMENTS ALONG OTAY LAKES ROAD AND RANCHO JANAL ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and EASTLAKE DEVEOPMENT COMPANY, to cover the full costs of the acquisition of right-of-way easements along Otay Lakes Road and Rancho Janal Road, dated the 6th pay of Ma.¥ 1986, 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 Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J~hn P. Lippitt, Director of C~arfes R. Gill, Assistant Public Works/City Engineer City Attorney 0644a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th doy of May 19 R6 , by the following vote, to--wit: AYES: Councilmembers McCandliss, Cox, Malcolm, Moore, Campbell NAYES: Councilmembers None ABSTAIN: Councilmembers ' None ABSENT: Councilmembers None IVl~or ~f the City of Chulo Visto ATTEST .~ . ~//- City Clerk ~;~ 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 obove ond foregoing is o full, true ond correct copy of RESOLUTION NO. 12449 ,ond that the some hos not been omended or repealed DATED ~ City Clerk CrlY OF CHULA VISTA CC-660 AGREEMENT This Agreement is made this 6th day of May 1986, by and between EastLake Development Company, a California General Partnership, comprised of corporations (hereinafter referred to as "EastLake") and the City of Chula Vista, a Municipal Corporation (hereinafter referred to as "City"). This Agreement is made with respect to the facts set forth below. RECITALS WHEREAS, EastLake, as a requirement of the tentative subdivision map for the EastLake Business Center, has the obligation to acquire through purchase or other means certain lands, legally described on Exhibit "A" attached to this Agreement, outside of the tentative map boundary for the purpose of street, sewer, utility and drainage improvements; and WHEREAS, it may be necessary to acquire the Exhibit "A" land by use of the power of eminent domain; NOW THEREFORE, in consideration of the foregoing, EastLake and the City agree: 1. EastLake hereby agrees to deposit with the City the sum of money as determined by said appraiser prior to the filing of any complaint in the action of condemnation contemplated by the terms of this Agreement. 2. Said deposit shall be used by the City for the acquisition of said right of way on Otay Lakes Road and Rancho Janal Road described on Exhibit "A". 3. The deposit shall be used for the acquisition of land and shall be deposited by the City as security for immediate possession with the Superior Court of the County of San Diego. 4. EastLake agrees to pay any filing fees and all other costs involved in the preparation and filing of the complaint in an action of condemnation for the acquisition of any or all land necessary for the improvement contemplated by Resolution No. 1244~ 5. It is understood and agreed that the City shall assume no responsibility for costs in said condemnation action or in the pursuit of trial or other proceedings which may be required and EastLake shall select an attorney of its own choosing who shall assume full responsibility and direction of any condemnation action subject to any necessary agreement with the City. All fees paid for the services of said attorney shall be paid directly by EastLake and the City shall assume no responsibility for any attorneys' fees or other costs of litigation. In addition thereto, EastLake shall retain appraiser, as mutually agreed upon by EastLake and the City, at their sole expense to provide any necessary appraisal or other information in the form suitable for use in said condemnation proceeding. Said appraiser and any other expert witnesses required shall be paid directly by EastLake and the City shall assume no responsibility for said payments. 6. The City agrees to pass a resolution authorizing condemnation proceedings for the acquisition of the aforementioned improvements. 7. This Agreement is made, among other reasons, to satisfy the requirements of the City for the construction of public street and sewer and drainage improvements which will benefit certain property being developed by EastLake for subdivision purposes. THE CITY OF CHULA VISTA a Municipal Corporation Attes ' ~, ~ ~rk ---" ~ EASTLAKE DEVELOPMENT COMPANY a General Partnership By: DAVID IV, INC. a California Corporation General Partner By: o!elt Sa~t0s' Vice-President By: DANIEL V, INC. a California Corporation General Partner Robert Santos Vice-President EXHIBIT "AI'.l STREET DEDICATION AND DRAINAGE EASEMENTS Those portions of the Southwest Quarter of Section 34, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 17, 1883, said portions more particularly described as follows: Parcel "A" (Public Right of Way) Beginning at the Southwest corner of Parcel 2 of Parcel Map No. 13883 filed in the Office of the County Recorder of said County, said point being on the City of Chula Vista, County of San Diego boundary line; thence along said line North 00o47,14,, East 7.94 feet to the TRUE POINT OF BEGINNING, said point being on the arc of a nontangent 4,933.00 foot radius curve concave Southeasterly, a radial line to said point bears North 27o18'19,, West; thence leaving said boundary line Southwesterly along the arc of said curve through a central angle of 04~07,30,, a distance of 355.15 feet; thence tangent South 58o34,11. West 187.80 feet; thence North 31o25,49,, West 41.43 feet to a point on the Southerly Right of Way line of Otay Lakes Road (R.S.558); thence along said Right of Way North 58026,58'' East 207.38 feet to the beginning of a tangent 3,030.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 07°18,55- a distance of 386.86 feet to said City of Chula Vista, County of San Diego boundary line; thence along said boundary line South 00°47,14. West 94.70 feet to the TRUE POINT OF BEGINNING. Parcel "B" (Drainage) Beginning at the Southwest corner of Parcel 2 of Parcel Map No. 13883 filed in the Office of said County Recorder, said point being on the City of Chula Vista, County of San Diego boundary line; thence along said line North 00o47,14,, East 7.94 feet to a point on the arc of a nontangent 4,933.00 foot radius curve concave Southeasterly; a radial line to said point bears North 27°18'19'' West; thence leaving said boundary line Southwesterly along the arc of said curve through a central angle of 01°22,42,, a distance of 118.67 feet to the TRUE POINT OF BEGINNING; thence leaving the arc of said curve along a nontangent line South 41"00'00" East 55.91 feet; thence South 49°00'00,, West 30.00 feet; thence North 41~00,00- Wes% 62.36 feet to a point on said 4,933.00 foot radius curve concave Southeasterly; a radial line to said point bears North 29o02,24,, West; thence Northeasterly along the arc o~ said curve through a central angle of 00~21'23" a distance of 30.68 feet to the TRUE POINT OF BEGINNING. Page 1 of 2 ~ ~,, .? Parcel "C" (Drainage) Beginning at the Southwest COrner of Parcel 2 of Parcel Map No. ~ 13883 filed in the Office of the County Recorder of said County, said point being on the City of Chula Vista, County of San Diego boundary line; thence along said line North 00o47,14,, East 7.94 feet, said point being on the arc of a nontangent 4,933.00 foot radius curve concave Southeasterly, a radial line to said point bears North 27o18,19. West; thence leaving said boundary line Southwesterly along the arc of said curve through a central angle of 04o07,30, a distance of 355.15 feet; thence tangent South 58°34'11" West 187.80 feet;' thence North 31o25,49. West 41.43 feet to a point on the Southerly Right of Way line of Otay Lakes Road (R.S.558); thence along said Right of Way South 58o26,58,, West 207.42 feet to the TRUE POINT OF BEGINNING; thence leaving said Right of Way South 46o55,49,, East 42.00 feet; thence South 43"04'11" West 30.00 feet; thence North 46°55'49'' West 50.25 feet to a point on said Southerly Right of Way; thence along said Right of Way North 58°26'58'' East 31.11 feet to the TRUE POINT OF BEGINNING. Parcel"D" (Drainage) Beginning at the Southwest corner of Parcel 2 of Parcel Map No. 13883 filed in the Office of the County Recorder of said County, said point being on the City of Chula Vista, County of San Dieg'o iboundary line; thence along said line North 00o47,14,, East 181.11 feet to a point on the arc of a nontangent 2,970.00 foot radius curve concave Northwesterly, a radial line to said point bears South 39~49,55,, East, said point being on the Northerly Right of Way line of Otay lakes Road (R.S.558); thence leaving said boundary line along said Right of Way Southwesterly and along the arc of said curve through a central angle of 08o16,53,, an arc distance of 429.28 feet; thence South 58o26,58- West 431.31 feet to the TRUE POINT OF BEGINNING; thence continuing along said Right of Way South 58o26,58. West 31.11 feet; thence leaving said Right of Way North 46~55,49,, West 25.67 feet; thence North 43"04'11" East 30.00 feet; thence South 46~55,49,, East 33.92 feet to the TRUE POINT OF BEGINNING. Page 2 of 2 STREET DEDICATION AND DRAINAGE EASEMENTS ~ All those portions of the Southwest Quarter of Section 26, Township 17 South, Range 1 West, San Bernardino Meridian in the County of San Diego, State'of California, according to the Official Plat thereof, said portions more particularly described as follows: Parcel "A" (Street Dedication) Beginning at the Northeast corner of Parcel 1 of Parcel Map No. 13697 on file in the Office of the Recorder of said County; thence along the Northerly line of said Parcel 1 North 88°27'55'' West 576.59 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line North 88°27'55'' West 84.89 feet to a point hereinafter referred to as Point "A", said point also being on the arc of a nontangent 1,542.00 foot radius curve concave Southeasterly, a radial line to said point bears North 80°24'48'' West; thence leaving said Northerly line Northeasterly along said curve through a central angle of 10°31'58'' an arc distance of 283.47 feet; thence tangent to said curve North 20°07'10'' East 175.30 feet; thence South 69o52'50'' East 84.00 feet; thence South 20~07'10'' West 175.30 feet to the beginning of a tangent 1,458.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 10~03'56" an arc distance of 256.14 feet to the TRUE POINT OF BEGINNING. Page 1 of 2 Parcel "B" (Drainage Easement) Beginning at the TRUE POINT OF BEGINNING of Parcel "A" above, being a point on the arc of a nontangent 1,458.00 foot radius curve concave Southeasterly, a radial line to said point bears North 79o56,46. West; thence Northeasterly along said curve through a central angle of 10o03,56,, an arc distance of 256.14 feet; thence North 20o07,10,, East 46.30 Feet; thence South 69°52'50'' East 25.00 Feet; thence South 11°03'55'' West 243.97 Feet; thence South 83o01,29,, East 147.66 feet; thence South 01°32'05'' West 30.00 feet to a point on the Northerly line of said Parcel 1; thence along said Northerly line North 88o27,55,, West 205.00 feet to the Point of Beginning. Parcel "C" (Drainage Easement) Beginning at Point "A" as mentioned in Parcel "A" above, being a point on the arc of a nontangent 1,542.00 foot radius curve concave Southeasterly, a radial line to said point bears North 80°24'48'' West; thence Northeasterly along said curve through a central angle of 08~13,26,, an arc distance of 221.33 Feet to, the TRUE POINT OF BEGINNING; thence leaving said curve along a nontangent line North 55o23,19,, West 44.77 Feet; thence North 34°36'41" East 10.00 Feet; thence South 55o23o19,, East 41.79 Feet, to a point on a nontangent 1,542.00 Feet radius curve concave Southeasterly, a radial line to said point bears North 71~48,07,, West; thence Southwesterly along said curve through a central angle of 00~23,15,, an arc distance of 10.43 Feet to the TRUE POINT OF BEGINNING. Page 2 of 2 l~? J ~: .i~'~ That ~ortion of the Southwest Quarter of Section 34, Township 17 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 17, 1883, said portion more particularly described as follows: Beginning at the Southwest corner of said Section 34 as shown on Southwestern College Estates Unit No. 7, Map No. 6990 on file in the Office of the Recorder of said County; thence along the Westerly line of said Southwest Quarter North 00"02'02" West (North 00o01,27- East Record) 38.22 fe'et to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line North 00°02'02" West 50.74 feet to a point on the arc of a nontangent 1,938.00 foot radius curve concave Northwesterly; a radial line to said point bears South 09o58,13. East; thence leaving said Westerly line Northeasterly along said curve through a central angle of 21"27'36" an arc distance of 725.87 feet; thence North 58"34'11'' East 1,106.95 feet; thence South 31"25'49" Bast 28.82 feet to a point in the Northwesterly Right of Way of Otay Lakes Road, Road Survey 558 (60.00 feet in Width); thence South 58"26'58" West along said Right of Way a distance of 1,376.00 feet to a point on the arc of a nontangent 1,988.00 foot radius curve concave Northwesterly; a radial line to said point bears South 23"39'07" East; thence leaving said Right Of Way of Otay Lakes Road Southwesterly along said curve through a central angle of 13"56'02" an arc distance of 483.47 feet to the TRUE POINT OF BEGINNING.