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Home My WebLink AboutReso 1985-11928 RESOLUTION NO. 11928 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING COVENANT OF IMPROVEMENT REQUIREMENTS FOR MARINA GATEWAY BUSINESS PARK WATER LINE The City Council of the City of Chula Vista hereby resolves as fo 11 ows : WHEREAS, Sweetwater Authority Operations Committee has reviewed and approved the concept design for a water line to be installed in Bay Boulevard and service Marina Gateway Business Park; and, WHEREAS, Sweetwater Authority requires the City of Chula Vista to absolve the water authority from the financial responsibility of relocating said water line in the future in the event that Bay Boulevard is widened or improved; and, WHEREAS, the owner and/or their successors accept responsi- bility for any and all expenses necessary to relocate or adjust said water line in the event that Bay Boulevard is widened or otherwise improved in accordance with the attached Covenant of Improvement Requirements (Attachment I). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Section 1. The City of Chula Vista accepts the attached Covenant of Improvements Requirements for Marina Gateway Business Park water line. Section 2. The Mayor is authorized to execute said Covenant and cause said document to be recorded in the Office of the San Diego County Recorder. Presented by Approved as to form by oOi ,_''''' If' /~""\ /' .I ~ ' / . // ,'. ,.--'",,;s,~."~ ~aul G. D~srochers: Community Development Director , I"" , . I . --- , I / T~~i:;,~~~~~;' ;t~~'r~:; ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19 85 ,by the following vote, to_it: 5th day of February - AYES: Councilmen NAYES: Councifmen ABSTAIN: Councilmen ABSENT: Councilmen Malcolm, McCandliss, Scott, Moore, Cox None None None J~J ~~ Mayor !J ttll City of Chula Vista ATTEST ~~-,%o/r~ /' (/ City Clerk. -. . - - r STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11928 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 ReCoRDING REQUESTED BY AND Ai'.p.!!... IC: - 236 85-056376 r--- f' i :.( ,;; 'f' j"". ,',1 "'--'''''-l I Of ~ !C!,~,L r :L~>:,.li~~ 'I ~. t'. ,'-,;' -', " '-,: 'j,' 1 ' 'J O! ~Hd'i ,nt '",l') ",~''"' 1 !.L., IJBS FEB 20 PH I: 24 RESOLUTION NO. 11928 ~VE:P/~L,~. ,!', J !.<'" ,"I ',,:;,',.;. cou" 1\ ,\.... ".",~j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING COVENANT OF IMPROVEMENT REQUIREMENTS FOR MARINA GATEWAY BUSINESS PARK WATER LINE NO FEE The City Council of the City of Chula Vista hereby resolves as foll ows: WHEREAS, Sweetwater Authority Operations Committee has reviewed and approved the concept design for a water line to be installed in Bay Boulevard and service Marina Gateway Business Park; and, WHEREAS, Sweetwater Authority requires the City of Chula Vista to absolve the water authority from the financial responsibility of relocating said water line in the future in the event that Bay Boulevard is widened or improved; and, WHEREAS, the owner and/or their successors accept responsi- bility for any and all expenses necessary to relocate or adjust said water line in the event that Bay Boulevard is widened or otherwise improved in accordance with the attached Covenant of Improvement Requirements (Attachment I). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Section 1. The City of Chula Vista accepts the attached Covenant of Improvements Requirements for Marina Gateway Business Park water line. Section 2. The Mayor is authorized to execute said Covenant and cause said document to be recorded in the Office of the San Diego County Recorder. Pres~!,t;d by Jl. /,: .~ ,"" '".~ .'\ '. ../ _ - '.' .- ~ ~_.~~ t 'O'" ,",." j . , ,; ~>::' , A ':"'i~'" /~:~ --~/'Uu. ~ ~... ..-J ,pO Paul' G. D~s~o~hers; Community Development Director Approved as to form by ~ / . (2.1A0~ , City Attorney 237 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5th /9 85 ,by the following vote, to_it: Malcolm, McCand11ss, Scott, Moore, Cox day of Februarv - AYES: Councilmen NAYES: Councilmen ABSTAIN: ColrIcilmen ABSENT: Councilmen None None None /s/ Gregory R. Cox Mayor of the City of Chura Vista ATTEST /s/ Jenni.e M. Fu1 asz City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11928 ,and that the same has not been amended or repealed. DATED February 7, 1985 (seal) ~/jt~/ ~~<~ (/ City Cle CC-660 238 RECORDING REQUESTED BY: City of Chula Vista WHEN RECORDED MAIL TO: Jennie M. Fu1asz, City Clerk City of Chula Vista P. O. Box 1087 Chu1a Vista CA 92012 ) ) ) ) I) p I) I) , I) SPACE ABOVE FOR RECORDER'S USE COVENANT OF IMPROVEMENT REQUIREMENTS This COVENANT OF IMPROVEMENT REQUIREMENTS ("Covenant") is executed by RATNER DEVELOPMENT COMPANY, a California general partnership ("Owner"), on February 5 , 1985, with reference to the following facts: RECITALS A. Owner owns real property ("Property") located in the City of Chula Vista, County of San Diego, California, more particularly described on Exhibit "A" attached hereto and made a part hereof. B. As a condition to development of the Property, a ten-inch water line must be installed in the right-of-way of Bay Boulevard, in accordance with plans and specifications ("Plans and Specifications") prepared by HCH & Associates, 4877 Viewridge Avenue, San Diego, CA 92123, dated September 19, 1984 and approved by the City of Chula Vista ("City") and the Sweetwater Authority, a public utility ("Authority"). C. The water line will be installed underground except for a segment which crosses an existing concrete channel under Bay Boulevard ("Channel Segment"). A copy of a portion of the Plans and Specifications showing the Channel Segment is attached hereto as Exhibit "B" and made a part hereof. D. The Authority has approved construction of the Channel Segment in accordance with the Plans and Specifications on the condition that the City agree to pay for the costs of relocating the water line if such relocation 1S required as a result of widening or other street improvements to Bay Boulevard. As a condition to entering into such agreement with the Authority, the City has required Owner and its successors to agree to reimburse the City for such relocation costs if incurred by City. R-ll 928 r. n "'"" -,.-., ~"-,...,,,,,..., I t. ~i ',~~~:7!; , ,..\ ,i i", "'" ......" ,.,'!i;1 k-u~ wjjl:.'.'-.JL~_':".J.JU 239 COVENANT NOW, THEREFORE, Owner hereby covenants, on behalf of itself and successor owners of the Property, that it will indemnify and hold the City harmless from and against all reasonable costs of relocating the Channel Segment of the water line described in Recitals Band C above, and shown on Exhibit "B" attached hereto, if such relocation is required. The City will give reasonable prior written notice to Owner, and/or any successor responsible for payment hereunder, of the need to relocate the Channel Segment and the estimated costs thereof. The City's actual costs shall be reimbursed to the City within thirty (3D) days after receipt of a statement describing such costs and requesting payment. Any cost to the City for relocation of said water lines shall become a lien against the property described in Exhibit A. If there is more than one owner of the Property at the time such costs are due, each owner shall pay its proportionate share thereof, based on the square footage owned by each owner compared to the total square footage of the Property. Owner hereby declares that the Property shall be held, conveyed, hypothecated, encumbered, leased, used, occupied and improved subject to the foregoing covenant which shall run with title to the land and shall be binding on all parties having or requiring any right, title or interest in the Property or any portion thereof. IN WITNESS WHEREOF, Owner has executed this instrument as of the date first written above. RATNER DEVELOPMENT COMPANY, a California general partnership By: GREENWALD/McDONALD & COMPANY General Partner JHAB estme ~ ~~ 240 LEGAL DESCRIPTION OFFSET WATER MAIN COMMENCING AT THE SOUTHWEST CORNER OF PARCEL ~ ACCORDING TO PARCEL MAP NO. 13581 ALSO BEING THE EASTERLY LINE OF THE SAN DIEGO & ARI70NA EASTERN RAILROAD RIGHT OF WAY (40' WIDTH); THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL 5, NORTH 17"46'24" WEST A DISTANCE OF 527.71 FEET; THENCE LEAVING SAID WEST LINE NORTH 72"09'54" EAST A DISTANCE OF 17.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 393.97 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 5"07'36" A DISTANCE OF 35.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 14"26'39" WEST A DISTANCE OF 32.21 FEEl; THENCE SOUTH 30"33'21" EAST A DISTANCE OF 46.00 FEET; THENCE SOUTH 7~"33'21" EAST A DISTANCE OF 20.57 FEET TO A POINT OF TERMINUS. 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