The URL can be used to link to this page

Home My WebLink AboutReso 1981-10664 I 'f-/ ;J RESOLUT ION NO. 10664 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE'lWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. NOT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE IMPROVEMENT OF TELEGRAPH CANYON ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follcws: NON, 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 PACIFIC SCENE, INC. not to protest the formation of a reimbursement district for the improvement of Telegraph Canyon Road dated the 13th day of October , 1981 , 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 City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record this resolution and agreement in the office of the San Diego County Recorder. 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 L~ L /-:1 ._c..t7 ~, ~ r ~ t ui......c..-... . -e,,-- Joh~ P. LippitE";'~Engineer ~ George D. Lindberg, City Attorney CHULA 198 1 ADOPTED AND APPROVED VISTA, CALIFORNIA, this , by the fOllCMing vote, by the CITY COUNCIL of 13th day of October to-wi t: the CITY OF AYES: Councilman Cox, McCand1iss, Scott, Hyde, Gil10w NAYES: Councilman None ABSENT: Councilman None ~ It)~~r~ ATTEST _.!J'" 2; r4;:-~~-a.x::r of the City of Chula Vista City Cl~r STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 !{.-I'f II AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. WAIVING RIGHT TO PROTEST THE FORMATION OF REIMBURSEMENT DISTRICT THIS AGREEMENT, made and entered into this 13th day of October , 1981, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and PACIFIC SCENE, INC., 2505 Congress Street, San Diego, CA. 92110, hereinafter referred to as "Developer"; WIT N E SSE T H -------- - WHEREAS, the C~ty of Chula Vista has heretofore approved a tentative map of Charter Point Unit 1 Subdivision on May 20, 1980 by Resolution No. 10095, and a revised tentative map on September 30, 1980 by Resolution No. 10276, and WHEREAS, one of the conditions of the approval of said maps was that Developer would waive all rights to protest the formation of a reimbursement district for Telegraph Canyon Road improvements as provided in Chapter 15.50 of the Chula Vista Municipal Code. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Pacific Scene, Inc., developer of Charter Point Unit 1 Subdivision, hereby agrees to waive all rights to protest the formation of a reimbursement district for Telegraph Canyon Road improvements which may be undertaken in the future. 2. It is further understood and agreed that Developer shall receive credit against any future assessment for the Tele9J.:ofip}i C:...lITj'\::n 'R0dG. ":"~."Lprc./v'€~u€i1ts for aLlY impr.'ovemen-ls which he constructs in conjunction with the development of said subdivision which will benefit other properties. 3. This agreement shall be binding upon the heirs, assignees or successors in interest of Developer. IN WITNESS WHEREOF, agreement to be executed the forth. the parties hereto have caused this day and year first hereinabove set THE CITY OF CHULA VISTA DEVELOPER: Pacific Scene,Inc. ~~{ Mayor of the 2ity of ~ Vista ATTEST u--- City Financial Sene Incorporated , \tC ~Sj_' -_ ~ ~-- -..r, .e. ~/t7;-/'-r;/_' t {tJo,! v: r Approved a~ by ~-~ ,/~ City Attorney , 1Ia&b;/ II STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) , 20 August 81 On this day of , 19___, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Breoante ' known to me to be the Exec. Vice President, and Alice H. Wano , known to me to be the Asst. Vlce Pres. sao:K~ of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. ss. WITNESS my hand and official seal. r/:!-c,~' [" TL~~ ~ Il- /()6Pt Notary Public in and for said County and state. OFFICIAL SEAL DIANE E THATCHER NOTARY PUBLIC. CALIFORNIA SAN DIEGO COUNTY , M~mm. ex~~:..:. 1984 i( STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55: /"/r S- On this 20 day of August , IgBl, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Pat McCardle known to me to be the Vice President, and Wilbur F.. ,Tnhn"nn known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corpora- tif'o that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venture, and that such joint venture also executed the same. , a OffICIAL SIAl WIS MAE CALKIN , ,'''.', ' NOTARY PUBLIC. CALlfOlIH1A , . PRINCIPAL OffICE IN "',, S.... DIEGO COUNTY My Cornmisdon Expi.... M.y 6. 1985 - ............~-~ w~Qind official seal. <, 1(-/06/';/ county and state. Notary Publ ic in and for said , ,- "..,.-- II 11I~ ~ '" ~ 'll .5'{.J!,' t','-,' ;,.',~,';" 7.,':-,'-(,..' ''',." I '--''II C" " w 1_1_1...'31_ ~J I I I -------------------- ('" ,.J .... , . ", , ,- ," " -~ & N~I~ ..... t-. ,. " ('" ',I 0, ( t;f j SLOPE EASEMENT EASEMENT FOR CONSTRUCTION Ii MAIN TENANCE OF ALLEY APRON, S/W RAMPS Ii PEDESTRIAN ACCESS. eD 7.5' STREET TREE EASEMENT @ SEWER, DRAINAGE, UTILITY Ii EMERGENCY ACCESS EASEMENT VICINITY MAP IYOSCAL~ DRAWN BY L. M. G. DATE 8 - 19 - 81 TIT L E CHULA VISTA TRACT NO. 80-20 CHA R TER POINT UNIT NO. I EASEMENTS AND FUTURE "8" STREET ". :. ui.,,\/.. 'i..lI-: 1413 II {'. n. n I):" ((;:<7 , . RESOLUTION NO. 10664 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUrA VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHUrA VISTA AND PACIFIC SCENE, INC. NOT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE IMPROVEMENT OF TELEGRAPH CANYON ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NCM, THEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of Chul:l Vist~ that. that t:ertain agreement between '('HE CITY OF CHUrA VISTA, a municipal corporation, and PACIFIC SCENE, INC. not to protest the formation of a reimbursement district for the improvement of Telegraph Canyon Road dated the 13th day of October , 19 81 , a copy of which is attached hereto and incorporated herein, the same as though fL'lly set forth herein be, and the same is hereby approvt~d. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record this resolution and agreement in the office of the San Diego County Recorder. 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 ~ _-LsLJlllu_ P. Li ppitt John P. Lippitt, City Engineer George D, Lindberg, City Attorney ADOP'rED AND APPROVED by the CITY COUNCIL of CHULA VISTA, CALIFORNIA, this 13th day of October 198-1- by the following vote, to-wit: AYES: Councilroon Cox, McCandliss, Scott, Hyde, Gillow the CITY OF NAYES: Councilroon None ABSENT, Coun c i 1 roo n None .:~ES1 /5/ Jennie M. Fulasz "-- -.city ClerJ("---. /5/ Will T. Hyde Mayor of thE' Ci':l' of C1"1la Vista STATE OF CALIFORNIA) COUNTY OF' SAN D I EGO) s s. CITY OF CHULh VISTA) 1, JENNIE M. FULASZ , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a f'lll, true and correct copy of Resolution No. ..!.2.~6~ and that the S'lme has not been amended or repealed. DATED Ortober 14, l~aJ City Fonn No., 342 1414 II AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SCENE, INC. WAIVING RIGHT TO PROTEST THE FORMATION OF REIMBURSEMENT DISTRICT THIS AGREEMENT, made and entered into this 13th day of OCTOBER , 1981, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and PACIFIC SCENE, INC., 2505 Congress Street, San Diego, CA. 92110, hereinafter referred to as "Developer"; WIT N E SSE T H -------- - WHEREAS, the City of Chula Vista has heretofore approved a tentative map of Charter Point Unit 1 Subdivision on May 20, 1980 by Resolution No. 10095, and a revised tentative map on September 30, 1980 by Resolution No. 10276, and WHEREAS, one of the conditions of the approval of said maps was that Developer would waive all rights to protest the formation of a reimbursement district for Telegraph Canyon Road improvements as provided in Chapter 15.50 of the Chula Vista Municipal Code. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. That Pacific Scene, Inc., developer of Charter Point Unit 1 Subdivision, hereby agrees to waive all rights to protest the formation of a reimbursement district for Telegraph Canyon Road improvements which may be undertaken in the future. 2. It is further understood and agreed that Developer shall receive credit against any future assessment for the Telegraph Canyon Road improvements for any improvements which he constructs in conjunction with the development of said subdivision which will benefit other properties. 3. This agreement shall be binding upon the heirs, assignees or successors in interest of Developer. IN WITNESS WHEREOF, agreement to be executed the forth. the parties hereto have caused this day and year first hereinabove set THE CITY OF CHULA VISTA DEVELOPER: Pacific Scene, Inc. CA \ QJ ~ (~ ~~~~~ of(jhe City of C~ ATTEST ~~;,./ m~tI'!l/ {/ City Clerk " Approved // ~.. - !/r , J".;1- '-. {(,~)t- Financial Scene Incorporated \0,~ ~ - ~'-" .~ . _ e~.~,~ A:"6. -;7-',/ t . /' - 1./ / . "1,,.,,.T ~'I City Attorney K/000tj II STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: 1415 On this 20 day of August , 19 8t before me, the undersigned, a Notary Publ ic in and for said county and state, personally appeared Pat McCardle known to me to be the Vice President, and Wilbur E. Johnson , known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corpora- tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my ?\'~ and official seal. (~~ k-/t/7(,~- Notary Public in and for said county and state. a OfFICIA. SlA' LOIS MAE CALIIlN . . HOTARY PUlUC. CALIfORNIA " PIlNCtI'A' OffiCE IN . SAN OlIGO COUNTY My Comml.Jon Expire. May 6. 1985 .~ ',TATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO) . On this 20 day of August ,19 81, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. C. Bregante , known to me to be the Exec. Vice President, and Al~ce H. Wang , known to me to be the Asst. V~ce Pres. seer~;!j:l!i)C of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and official seal. G~~ F' nz:-:L~ Notary Public in and for said County and State. OFFICIAL SEAL DIANE E THATCHER NOTARY PuBLIC, ":AUF'QRI\lIA SAN DIEGO COUNTY .. My carom. expires OCT 23. 1984 " ~;;'>~--~"""""'<.I'.~ .4/006~ "'~~, ~-r:-'\ " ~.",:",.-..-, . .... .-- ,- (- II 1416 '" ~ '" 5""II~."'~'C""'-'--'':;'' ","'", 1.-,,1':" " '-'..' , I; " ,; ,; , ,_ I I ," "" _ I_I... ,_ f~,_ t\, , -------------------- ~ (". ,.1 ... , . ", ... ,- ," ...' -.l & N~'~ "- ~. ~ i:; t... ,.. " t" ',I 0, ( t:J j SLOPE EASEMENT EASEMENT FOR CONSTRUCTION <1 MAINTENANCE OF ALLEY APRON. S/W RAMPS <1 PEOESTRIAN ACCESS. (9 7.5' STREET TREE EASEMENT @ SEWER. DRAINAGE. UTILITY <1 EMERGENCY ACCESS EASEMENT VICINITY MAP IVO SCALE" DRAWN BY L. M. G. DATE 8 -19-81 tf _/0 (;, to t/ TIT L E CHULA VISTA TRACT NO. 80-20 CHA R TER POINT UNIT NO. I EASEMENTS AND FUTURE "/:J" STREEi 81-334193 .. 1417 81-33~193 FILE/PAGE HO. BOCK :881 ~D"r ~Cl'cE'ST OF C.Ill:t.rft. CITY CLERK lJcT ZZ 9 JdM '81 OFF"lIt,l. :,~CORDS IAN DIEGO CGl:liTY. CA VERA L. LYLE RECORDER II Nom