HomeMy WebLinkAboutReso 1982-10947
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82-232481
I OF~:I~;~2t~ffJ:,.t'~,.;:~'1
OF SAN ['iCG-) ~,.."<,;.; Y. CA.
lECORDING REQUESTED BY
:'i0ase Return To:
1 ie M. Fulasz, City Oerk
P. O. Box 1087
.Ita Vista, Califomia 92012
1188
1982 JUL 29 AM II: 53
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RESOLUTION NO. 10947
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETI~EEN THE CITY OF CHULA
VISTA AND SAGA PROPERTY MANAGEMENT CORPORATION FOR
CONSTRUCTION OF IMPROVEMENTS ON PRIVATE PROPERTY
ASSOCIATED HITH THE "E" STREET/lVOODLA\o'lN AVENUE TRAFFIC
SIGNAL
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
NO FEE
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 SAGA Property
Management Corporation for construction of improvements on private
property a.~sociated with the "E" Street/\o'loodlawn Avenue traffic
signal -....;:.
dated the'!: 20th day of July , 19 82, 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 t
~
/s/ John P. Lippitt
John P. Lippitt, City Engineer
George D. Lindberg, City Attorney
Form 342
Rev. 7/82
1189
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
20th July
CHULA VISTA, CALIFORNIA, this day of
82
19 , by the following vote, to-wit:
AYES:
NAYES:
ABSTAI N:
ABSENT:
Councilmen
Moore. McCandl1ss. Scott. Cox. ~~lco1m
None
Councilmen
COll'lcilmen
None
Councilmen
None
/s/ Gregory R. Cox
Mayor of the City of Chula Vista
ATTEST
/s/ Jennie M. Fulasz
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. 10947
,and that the same has not been amended or repealed.
DATED
July 21. 1982
(seal)
CC-660
119U
;00;1>
SAGA PROPERTY ~
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND/mLAOK \~~\~
.PORATION ~I=8gs FOR THE INSTALLATION OF CERTAIN
PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA AT
THE INTERSECTION OF "E" STREET AND WOODLAWN AVENUE
THIS AGREEMENT, made and entered into this 20th day of
,1111 Y , 1982, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "CITY", and
PROPERT~~h=m:~m\ThW~' hereinafter "BLACK ANGUS";
g
WIT N E SSE T H :
WHEREAS, the City approved a project for the installation
of a traffic signal at the intersection of "E" Street and Woodlawn
Avenue in order to improve traffic safety and flow, and
WHEREAS, in order to make this signal operate
efficiently, it is necessary to modify the existing driveway to
the properties on the north side of the intersection, and
WHEREAS, some of the property on the north side of the
intersection belongs to Black Angus, and
WHEREAS, said modifications will benefit Black Angus by
providing a second access to their property and by improving the
traffic safety and traffic pattern on their property, and
WHEREAS, said modifications will result in a protected
access for Black Angus.
NOW, THEREFORE, IT .IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. That the City will prepare a request for proposals
and award a contract for the cost of both the installation of the
traffic signal and for the necessary modifications on Black Angus
property (reconstruction of the driveway, modification of the
existing planting areas and irrigation system) and the City will
put up the front end money for the cost of all improvements.
2. Black Angus agrees to reimburse the City for the cost
of the necessary modifications on its property (reconstruction of
the driveway, modification of the existing planting areas and
irrigation system) in accordance with the contract cost but not to
exceed the amount of $3000. Black Angus will reimburse the City
within 30 days from the award of the contract by the City.
3. Black Angus agrees to grant mutual access easements
for use of the protected access which will be installed in
conjunction with the installation of the traffic signal at "E"
Street and Woodlawn.
~
PROPERTY MANAGEHENT CORPORATION
B-.rrAC~=mrous=~~.I-S'E'S
SAGA
THE CITY OF CHULA VISTA
~
A::;::; .1 ::; '1' AN '1' '1' .Kt; A::; U .Kt; !{
Mayor 0 ity of ula Vista
ATTEST !?4Z?1;" rJJ;ok~~j/
{/ 1 ty Clefk
Approved as to form by
(Attach Notary Acknowledgment)
R-10947
t? -/ 09 '17
to //J())//
ACKNOWLEDGMENT
1191
STATE OF CALIFORNIA)
) ss:
COUNTY OF SAN MATEO)
Before me, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared William F.
Nichols , known to me to be the person and of f icer whose
name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of said SAGA PROPERTY MANAGEMENT CORP J
a CALIFORNIA CORPORATION , and that he executed the same as the act
of said corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office, this 7th
July , 19~.
day of
~ D.e.~ttrl~IZ!i~l~2: ~;: :-.~rf; > ~;; ~! t~:r. 'J ~ ~ : ',! r ~~~t j;., ,l,!?(:jj tK :n' ~I ~
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~:'i.~;';~~;:'>'; ;':,';,.;~~:i~:~~ :~~, ;:,~'i~, ~.. ,li' ,?,
[SEAL]
Notary ub ic
San Mateo C nty, California
My commission expires:
ACKNOWLEDGMENT
t-/o f~l
STATE OF
ss:
COUNTY OF
Before me, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of said '
a , and that he executed the same as the act
of said corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office, this
, 19 .
day pf
Notary Public
County,
My commission expires:
[SEAL]
Recording Requested By:
And When Recorded Mail To:
Davia M. Love, Esq.
Saga Corpora tion
One Saga Lane
Menlo Park, CA 94025
(Space Above This Line for Recorder's Use)
GRANT OF RECIPROCAL EASEMENTS
FOR USE OF RIGHTS OF WAY
THIS AGREEMENT is made this /;J.. '11 day of f)ulj/ ,19M, by
and between SAGA PROPERTY MANAGEMENT CORPORATION, a California
corpora tion (hereinafter referred to as "Saga") and "E" Street Associa ted
Investors, a General Partnership (hereinafter referred to as ~nvestors").
RECIT ALS
A. Saga is the owner of that certain real property commonly known as
The Black Angus Restaurant in the City of Chula Vista, County of San Diego,
State of California, which property is legally described on Exhibit A
hereto (hereinafter referred to as the "Saga Parcel").
B. Investors is the owner of that certain real property commonly
known as "E" Street at Woodla wn Avenue, City of Chula Vista, County of San
Diego, State of California, which property is legally described on Exhibit
B hereto (hereinafter referred to as the "Investors Parcel").
C. The Saga Parcel and the Investors Parcel share a common
boundary.
I
1(~ /CJ f?-Y7
D. Saga desires to acquire certain rights in a portion of the
Investors Parcel and Investors desires to acquire certain rights in a
portion of the Saga Parcel.
E. Both parties seek to acquire the described rights as an
accommodation to the City of Chula Vista which is installing a traffic
light on "E" Street a t the Ioca tion of the boundary bet ween the two
properties.
NOW, THEREFORE, the parties agree as follows:
1. Reciprocal Grant. Each party hereto, as grantor, hereby grants
to each other party hereto for the benefit of said other party and its
employees, successors, assigns, tenants, customers and patrons, and the
customers and patrons of such tenants, for the benefit of the parcel
belonging to said other party, as grantee, reciprocal, non-exclusive
easements as hereinafter described.
2. Character of Easement. The easements granted herein are
appurtenant to the parcel for the benefit of which they are given.
3. Description and Location of Easement. The easements granted
herein are to be used for ingress and egress, by vehicular and pedestrian
traffic, over and across an area of each parcel which is improved for
vehicular traffic and pedestrian side walks. (Said area is hereinafter
referred to as the "Access Area"). The portion of the Saga Parcel, which
2
~-/t1ff7
is the subject of this Easement, is described on Exhibit C attached
hereto.
The portion of the "Investors Parcel", which is the subject of
this Easement, is described on Exhibit D attached hereto.
4.
Term; Modification.
~
The easem ents granted herein shall be
permanent. This Agreement may not be modified in any respect whatsoever or
rescinded, in whole or in part, except with the consent of all of the
parties hereto, and then only by written instrum ent duly executed in
recordable form and duly recorded in the office of the county recorder of
the county in which the Saga Parcel and the Investors Parcel are located
and approved by the City of Chula Vista.
5.
Maintenance.
Each party shall be solely responsible for the
maintenance and repair of its own access area. Each party shall keep its
access area in good condition and repair and adequately lighted and free of
rubbish and other hazards to persons using such areas. Such maintenance
will include, but will not be limited to:
(a) maintenance, including, without limitation, repaving, of
the surface of the area and sidewalks level, smooth an
evenly covered with the type of surfacing material
originally installed on such, or such substitute as will in
all respects be equal to it in quality, appearance, and
durability;
3
tf- /0947
(b) removal of all papers, debris, filth and refuse, and
washing or thoroughly sweeping paved areas as required;
(c) maintenance of plants and landscaping, if any.
6. Taxes. Each party will pay the real estate taxes, assessments,
and other charges which may be levied, assessed, or charged against its
property described above, or any part of such property.
7. Successors and Assigns. The easem ents and rights granted and
obligations assumed herein (a) are made for the direct, mutual and
reciprocal benefit or burden of the real property affected; (b) will
constitute covenants running with the land; and (c) will be binding upon
and inure to the benefit of the parties' respective successors, assigns,
tenants, employees, agents, customers and invitees.
8. Indemnification. Each of the parties shall indemnify and hold
the other party harmless of and from any and all loss, cost, liability,
damage, injury or expense (hereinafter referred to as a "Loss"), including
reasonable attorney's fees, which may arise by reason of any violation of
la w, ordinance or regulation or by reason of injury to or death of a
person(s), damage to property, or claims of lien for work performed and/or
materials or supplies furnished, arising out of or in connection with the
use of the access area on the indemnifyng party's parcel, or arising from
or in connection with the wilful or negligent acts or omissions of the
4
1(- it) 9~7
indemnifying party or its agents, servants, contractors, employees or
successors in interest.
9.
Entire Agreement.
This instrument contains the entire
agreement between the parties relating to the rights herein granted and the
obligations herein assum ed and no other representations or promises,
wri tten or oral, made by ei ther party to the other which is not contained
herein shall be binding or valid.
10.
Attorney's Fees.
In the event of any controversy, claim, or
dispute relating to this instrument or the breach thereof, the prevailing
party shall be enti tled to recover from the losing party reasonable
expenses, attorney~ fees and costs.
11.
Notices.
Any notice to be given hereunder by either of the
parties hereto to the other may be personally delivered or may be deposited
in the United States mail, registered or certified, postage prepaid and
return receipt requested, addressed to the party for whom intended as
follows:
To Saga:
Saga Corporation
Attention: Legal Department
One Saga Lane
Menlo Park, California 94025
To Investors:
"E" Street Associated Investors
315 Fourth Avenue
Chu1a Vista, CA 92010
Attn: Richard G. Zogob
Either party may change its address at any time by notifying the
5
/( - If) 9-f7
other, in writing, of such change. Service of any such notice
shall be deemed complete at the time of delivery.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
SAGA PROPERTY MANAGEMENT CORPORATION
By:
Its: ASSISTANT TREASURER
"E" STREET ASSOCIATED INVESTORS
rn (\ \f)
~~\2J \1j ,;'tJQ,t-
Richard G. zog~~
Its: Managing Partner
By:
K-/of47
6
!?-/Cy-i/7
EXHIBIT A
PARCEL A: Parcel 4 as shown on a Parcel Map filed in Book of
Parcel Maps at page 4459 in the office of the County Recorder of
San Diego County, on February 13, 1976. in the City of Chula
Vista, County of San Diego, State of California.
PARCEL B: An access easement and appurtenances thereto over,
along and across that 23.50 feet wide strip of land in Parcel 2
as shown on a Parcel Map filed in Book of Parcel Maps at page 4459
in the office of the County Recorder of San Diego County, on
February 13, 1976, in the City of Chula Vista, County of San Diege,
State of California, said strip being designated on said Parcel
Map as "Proposed Private Access Easement."
RESERVING from the herein above described Parcel A an access
easement and appurtenances thereto over, along and across that
21.50 foot wide strip of land in said Parcel A designated on said
Parcel Map as "Proposed Private Access Easement."
fl-/v947
EXHIBIT B
The West 170 feet of the Southwest Quarter of the Southeast
Quarter of Quarter Section 161 of the PANCHO DE LA NACION,
i~ the City of Chu1a Vista, County of San Diego, State of
California, according to Map made by l~rrill No. 166, filed
in the Office of the County Recorder of San Diego County,
EXCEPTING therefrom the North 146 feet thereof. -
t-/Cf47
EXHIBIT C
Being a portion of the sourtherly half of Quarter Section 161 of
Rancho de la Nacion according to map thereof No. 166, filed in the
office of the County Recorder, County of San Diego, State of
California on May 11, 1869, and more particularly described as
follows:
Beginning at the southeast corner of Parcel 4 of Parcel Map 4459,
as filed in the office of the County Recorder of said County on
February 13, 1976, in Book of Parcel Maps; thence North 18049'42"
West along the easterly boundary of said parcel 4, a distance of
75.00 feet; thence South 71000'04" West a distance of 15 feet;
thence South 18049'42" East a distance of 75.00 feet to the northerly
right-of-way line of "E" Street; thence North 71000'04" East a
distance of 15.00 feet along the northerly right-of-way line of
"E" Street to the Point of Beginning.
Area - 1124.995 S.F.
0.0258 Acres
1f-/~f47
EXHIBIT "D"
A portion of the southerly half of Quarter Section 161 of Rancho
de la Nacion acording to map thereof No. 166, filed in the office
of the County Recorder, County of San Diego, State of California
on May 11, 1869, and more particularly described as follows:
Beginning at the Southeast corner of Parcel 4 of Parcel Map 4459,
as filed in the office of the County Recorder of said County on
February 13, 1976, in Book of Parcel Maps; thence North 18
degrees 49' 42" West along the easterly boundary of said parcel
4, a distance of 75.00 feet; thence North 71 degrees 00' 04" East
a distance of 15 feet; thence South 18 degrees 49' 42" East a
distance of 75.00 feet to the northerly right-of-way line of "E"
Street; thence South 71 degrees 00' 04" West a distance of 15.00
feet along the northerly right-of-way line of "E" Street to the
Point of Beginning.
If - /Otj47
RESOLU'rION NO.
1 0947
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SAGA PROPERTY MANAGEMENT CORPORATION FOR
CONSTRUCTION OF IMPROVEMENTS ON PRIVATE PROPERTY
ASSOCIATED WITH THE "E" STREET/WOODLAWN AVENUE TRAFFIC
SIGNAL
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 SAGA Property
Management Corporation for construction of improvements on private
property a~sociated with the liE" Street/v-loodlawn Avenue traffic
signal -:,-~
dated the? 20th day of July , 19~, 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
Jo
City
~
Form 342
Rev. 7/82
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
20th July
CHULA VISTA, CALIFORNIA, this day of
82
19 , by the following vote, to-wit:
Councilmen
Moore. McCandliss, Scott, Cox, Malcolm
None
AYES:
NAVES:
ABSTAI N:
ABSENT:
Councilmen
Councilmen
None
Councilmen
None
ATT~~ ~c0/~'l---
. 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. 10947
,and that the same has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660