HomeMy WebLinkAboutReso 1981-10597
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AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND HARRIET STONE FOR PARTICIPATION IN THE
CONSTRUCTION OF A RIGHT TURN LANE AND A BUS
TURNOUT LANE AT BROADWAY AND "H" STREET
THIS AGREEMENT made and entered into on this 18th day of
AU9ust , 1981, by and between THE CITY OF CHULA VISTA, a
mun1cipal corporation, hereinafter referred to as "City," and
HARRIET STONE, 6566 Ridge Manor Avenue, San Diego, California
92120, hereinafter referred to as "Developer";
WIT N E SSE T H:
WHEREAS, Developer and San Diego Federal Savings desire
to redevelop the Mobil Station located at the southwest corner
of Broadway and "H" Street in Chula Vista to provide a facility
for a savings and loan operation, and
WHEREAS, Developer is in the process of redeveloping the
adjoining shopping center lying south and west of the afore-
mentioned Mobil Station, and
WHEREAS, City desires to obtain necessary right of way
for a right turn lane (approximately 286 feet long) on "H" Street
at said intersection, and
WHEREAS, Developer is agreeable to dedicating that portion
of said right of way described in Exhibit "A," attached hereto
and incorporated herein by reference as if set forth in full, and
WHEREAS, Developer has previously dedicated to City the
westerly portion of said right turn lane being a 12 foot by 86 foot
parcel described in Exhibit "B," attached hereto and incorporated
herein by reference as if set forth in full, and
WHEREAS, Developer is agreeable to paying for a portion of
the sidewalk improvemerts which would normally have been required
for a savings and loan operation.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Developer agrees to dedicate to City for a right turn
lane on "H" Street at the intersection of Broadway in the City
of Chula Vista the real property described in Exhibit "A," attached
hereto and incorporated herein by reference as if set forth in full.
2. Developer agrees to prepare all plans for the improvement
of the riqht turn lane pocket on "H" Street, the bus turnout on
Broadway (just south of "H" Street) and the sidewalks and driveways
for Developer's adjoining shopping center.
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3. Developer agrees to negotiate a contract for the
construction of the improvements described in paragraph 2
above.
4. It is ~urther understood and agreed that Developer
will seek bids from at least four (4) construction firms
approved by the city engineer and to award the contract to
the lowest responsible bidder.
5. Developer agrees to pay all costs incurred in con-
structing the three new driveways which will service the
shopping center and savings and loan facility, the removal
6f the existing four driveways servicing the Mobil Station,
the cost of the sidewalk which will replace said four drive-
ways, and the cost of improving the sidewalk on the adjoining
shopping center (excluding the sidewalk along the right turn
lane, at the intersection of Broadway and "H" Street and along
the bus turnout) based upon the unit prices as determined by
said bid process in accordance with the quantities as shown
on Exhibit "C," attached hereto and incorporated herein by
reference as if set forth in full.
,-
6. City agrees to reimburse Developer within 15 days of
receipt of bills and invoices paid by Developer for the follow-
ing work completed by contractor at the contract unit cost:
the removal of the existing sidewalk curb and gutter (exluding
the four existing driveways) within and along the proposed
right hand turn land and bus turnout and at the southwest
corner of Broadway and "H" Street; the construction of the
right hand turn lane on "H" Street; the construction of the
bus turnout on Broadway; and the construction of the sidewalks
adjoining and connecting said right hand turn lane and bus
turnout. Quantities for which City is responsible are shown
on Exhibit "C."
7. City agrees to prepare plans for the relocation of
the traffic signal standard and controller at the southwest
corner of Broadway and "H" Street, to approve said plans at
no cost to Developer and to reimburse Developer the cost of
said relocation as shewn on Exhibit "C."
8. City agrees to cause the relocation of all necessary
public utilities in the right hand turn lane, at the southwest
corner of Broadway and "H" Street, and in the bus turnout lane
at no cost to Developer.
9. City shall provide at no cost to Developer field
engineering for the performance of the contract, i.e., survey-
ing and inspection. City further shall be responsible for the
administration of the contract and shall approve the payments
to be made by Developer pursuant to paragraph 5 of this Agreement.
10. City agrees to accept a grant deed or offer of dedica-
tion for the right of way on "H" Street as more particularly
described in Exhibit "A."
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IN WITNESS WHEREOF,
caused this Agreement to
hereinabove set forth.
the parties hereto have heretofore
be executed the day and year first
THE CITY OF CHULA VISTA
DEVELOPER
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I'larriet Stone
Approved<~ to form ;by
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LEGAL DESCRIPTION
A portion of the northerly 190 feet of the easterly 210 feet of the N.E. 1/4 of
the S.E. 1/4 of Quarter Section 163, Rancho de la Nacion, in the City of Chula
Vista, County of San Diego, State of California, according to Map No. 165 by
Geo. Morrill, filed in the Office of the County Recorder of said County. Being
more particularly described as follows:
Beginning at the N.E. corner of the S.E. 1/4 of 1/4 Sec. 153 described above,
thence along the northerly line of the S.E. 1/4 of said 1/4 Sec. 153, said line
also being the centerline of "H" Street, South 71025'40" West 209.93 feet;
thence leaving said line at right angles South 18034'20" East 40.00 feet to
the True Point of Beginning; thence North 71025'40" East 145.50 feet to an
angle point, thence South 73004'04" East 4.30 feet to an angle point; thence
South 18040'14" East 29.47 feet to a cusp formed by the intersection of the
new right of way line of Broadway with the existing right of way line of Broadway,
said point also being the point of tangency on a curve concave southwesterly
having a radius of 20 feet; thence along the arc of said curve through an angle
of 89054'05" counter clockwise a distance of 31.38 feet to a point of tangency
on the new southerly right of way line of "H" Street; thence South 71025'40"
West 130.05 feet; thence leaving said line at right angles North 18034'20" West
12.00 feet to the True Point of Beginning.
Contains 1881.43 Sq. Ft.
EXHIBIT A
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WHEN RECORDED, PLEASE MA(-
THIS INSTRUMENT TO:
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City Clerk
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
Assessor's Parcel
No.
Irrevocable Offer to Dedicate Real Prop-erty_
Della Gold, Harriet R. Stone, Henry Rubin
hereinafter designated Grantor(s), represent that
the owner(s) of the hereinafter described
real property, and for a valuable consideration hereby make(s) an Irrevocable
Offer of Dedication of the hereinafter described real property for the
following public purpose: to obtain a conditioned negative declaration for
a proposed shopping center project as dictated by the environment review
committee. To accommodate the proposed future free-right-hand turn lane
on H Street.
The real property referred to above is situated in the City of Chula Vista,
County of San Diego, State of California, and is more particularly
described as follows:
THE SOUTHWESTERLY 12.00 FEET OF THE NORTHEASTERLY 52.00 FEET OF THE
NORTHWESTERLY 86.00 FEET OF THE SOUTHEASTERLY 296.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF QUARTER SECTION 163 OF
THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF MADE BY MORRILL,
NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MAY 11, 1869.
EXHIBIT "B"
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This Offer of Dedication is made pursuant to Section 7050 of the Government
Code of the State of California and may be accepted at any time by the City
Council of the City of Chula Vista.
This Offer of Dedication may be terminated and the right to accept such
offer abandoned in the same manner as is prescribed for the vacation of
streets or highways by Part 3 of Division 9 or Chapter 2 of Division 2 of
Streets and Highways Code of the State of California, whichever is applicable.
Such termination and abandonment may be made by the City Council of the
City of Chula Vista.
This Offer of Dedication shall be irrevocable and shall be binding on the
Grantor(s) their heirs, executors,
administrators, successors and assigns.
In Witness Whereof, the Grantor(s)
Irrevocable Offer of Dedication to be executed
December , 1979
caused this
this eleventh day of
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Harr~et R. Stone
STATE OF CALIFORNIA
COUNTY OF San Diego
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Henry Rub~n
On December 10, 1979 before me,
the undersigned, a Notary Public
in and for said State, personally
appeared
Harriet Stone
to be the person whose name is
subscribed to the within instrument
and acknowledged that she executed
the same.
WITNESS my hand and officia~ seal.
Signatur~~4~~~~
Harriett McGruder
Name (Typed or Printed)
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PL4T TO ILLUSTRATE LEGAL DESCRIPTION OF
PORTION Or TflE Ne ~4 Or Tfle SE 7'4 Or t;JtlARTER
SECTION 163, RANCHO PE LA NACION~ MAP No.
166, IN THE CITY Or CHULA VISTA, COUNTY Or
SAN OIEGO, CALIFORNIA.
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NASLAND ENGINEERING
q855 RUFFNER ST. SAN 0lEOO,92111
292- 7770
PREPARED rOil:
SCALE: IN . 50'
DATE: OeCEMIJeR 7, 1.979.
DRAWN BY; J.A.l./r.
JOB NO.: 17.9- .9088.
HI1RRlcT STONE
oZ/~d
(EXHIBIT "C")
BROADWAY AND 'H' STREET
ENGINEERS QUANTITY ESTIMATE
TOTAL QUANTITY = HARRIETT STONE + CITY OF C.V.
CONSTRUCT
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QUANTI TY
4351 S.F.
7 EA.
1. 4" P.C.C. Sidewalk
2. Sidewalk Ramps
3. Curb & Gutter (6" or 8")
4. P .C.C. Cross Gutters and Aprons
5. P .C.C. 6" Curb Only
6. A.C. Pavement (4" Thick)
7. Processed Misc. Base (12" Thick)
458 L.F.
1776 S.F.
79 L. F .
94 TONS
271 TONS
REMOVE
ITEM
l. Remo ve Exist Sidewalk
2. Remc ve Ex. Curb & Gutter
3. Remove Ex. 6" A.C. Berm
4. Remove Ex. Conc. Slab (Bus Stop)
. 5. Remove Ex. Pavement
6. Remove Ex. Water Meter Box
7. Remove Ex. Phone Booths
8. Remove Ex. Driveways
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QUANTITY
2571 S.F.
507 L.F.
150 L. F .
150 S.F.
810 S.F.
1 EA.
3 EA.
1636 S. F .
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RELOCATE
!TEN
QUANTITY
2 EA.
1 EA.
2 EA.
1 EA.
1 EA.
2 EA.
1 EA.
1. Relocate Ex. Street Light
2. Relocate Ex. F.H.
3. Relocate Ex. SDG&E Box
4. Relocate Ex. Bus Stop Sign
5. Relocate Ex. Telephone Pull Box
6. Relocate Ex. Signs
7. Relocate Street Light Pull Box
8. Relocate Traffic Signal Standard and Controller
ADJUST
1. Adjust Ex. SDG&E Vault to Grade
LUNP SUN
1 EA.
HARRIET STONE'S PORTION
CONSTRUCT
ITEN
1. 4" P.C.C. Sidewalk (7.5' & 2' Wide)
2. Install Sidewalk Ramp
3. Curb & Gutter (6" or 8")
QUANTITY
2409 S.F.
7 EA.
245 L.F.
840 S.F.
79 L.F.
4. P.C.C. Cross Gutters & Aprons
5. P.C.C. 6" Curb Only
RENOVE, RELOCATE, & ADJUST
!TEN
QUANT !TY
651 S. F.
247 L.F.
150 L.F.
150 S.F.
1 EA.
1636 S.F.
1. Remove Exi st. Si dewa 1 k
2. Remove Ex. Curb & Gutter
3. Remove Ex. 6" A.C. Berm
4. Remove Ex. Cone. Slab (Bus Stop)
5. Remove & Relocate Exist. Street Light
6. Remove Exist. Driveways
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ITEM
7. Relocate Exist. Sign
8. Relocate Telephone Booths
9. Relocate SDG&E Box
10. Relocate Pull Box
QUANTITY
2 EA.
3 EA.
EA.
1 EA.
CITY OF CHULA VISTA'S PORTION
CONSTRUCT
l.
2.
3.
4.
5.
6.
ITE~l
A.C. Pavement
Processed Misc. Base
P.C.C. Curb & Gutter
P.C.C. Sidewalk
P.C.C. Cross Gutter & Apron
Install Street Light Pull Box
REMOVE, RELOCATE, & ADJUST
QUANTITY
94 TONS
271 TONS
213 L.F.
1942 S.F.
936 S.F.
1 EA.
ITEr.,
1. Remove Ext. Pavement
2. Remove Ex. Curb & Gutter
3. Remove Ex. Sidewalk
4. Remove Ex. Water Meter Box
QUANTITY
810 S.F.
260 L.F.
1920 S. F .
EA.
1 EA.
1 EA.
1 EA.
1 EA.
1 EA.
LUMP SUM
5. Relocate Ex. Street Li gh ts
6. Relocate Ex. F.H.
7. Relocate Ex. SDG&E Box
8. Relocate Ex. Bus Stop Sign
9. Adjust Ex. SDG&E Vault to Grade
10. Relocate Traffic Signal Standard and Controller
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MONOLITHIC
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RESOLUT ION NO. 10597
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND HARRIETT STONE FOR STREET CONSTRUCTION
PROJECT AT THE INTERSECTION OF BROADWAY AND "H" STREET,
APPROPRIATING FUNDS THEREFOR,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follcws:
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and HARRIETT STONE, for
street construction project at the intersection of Broadway and
IIH" Street
dated the 18th day of August , 19 81 , 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.
same is
Gas Tax
BE IT FURTHER RESOLVED that the sum of $45,000 be,
hereby appropriated from the unappropriated balance
Fund to Account 250-250l-GT139.
and the
of the
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
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J~n P. Lippitt, City Engineer
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City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 18th day of AU9ust
19l:l 1 , by the follcwing vote, to-wit:
AYES: Councilmen
McCandliss, Scott, Hyde, Gillow, Cox
None
NAYES: Councilmen
ABSENT: Councilmen
None
_LJdR. fLLL
r;fi . '2.~~ Mayor of the Cit~la
ATTES,!,_~~~-' ~ m-..L"L~
City Cle t7
STATE m' CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
Vista
I, , City Clerk of
the City of Chula Vista, California, DO HEREBY CERTIFY that the
above is a full, true and correct copy of Resolution No.
and that the same has not been amended or repealed. DATED--
City Clerk
Form No. 342
Rev. 7/81