HomeMy WebLinkAboutReso 1982-10814
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P. 0. Box JOR7
Ctmla 'Vista, California 92012
2015
82-083821
RESOLUT ION NO.
10814
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VISTA APPROVING AGREEMENT BE'lWEEN THE CITY OF
VISTA AND EDMUND GANN, THE PRICE COMPANY, AND
HOLDING COMPANY TO SECURB THE INSTALLATION OF
RETENTION BASIN
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
1((,7 l';,~ 29 I.l-l \0: 03
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A
NO FlI
The ci ty Council of the ci ty of Chula Vista does herel:7y
resolve as follcws:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreenent between THE CITY
OF CHUIA VISTA, a municipal corporation. and EDMUND GANN, THE PRICE
COMPANY, and HSP HOLDING COMPANY, to secure the installation of a
retention basin
dated the 19th day of March , 1982 , a copy of which
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is herel:7y approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chura Vista be, and he is herel:7y authorized and directed to
execute said agreenent for and on behalf of the City of Chula
Vis';.a~
Prese 1ted by
Approved as to form by
,
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-""V-<::.~..,._,~.. '\./
George--6: Lj~dberg, City
Attorney
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George D. Lindberg, City Attorney
.. ',;~'~::r; hi-:r0 i.\P:2r-(CJ\/l'~D
by tne CLOT"!'
23rd day of
to-wi t:
COUNCIL of the CITY OF
March
CHULA VIS~(,A, 'CA.LIFORNIA, this
198 2 , by the follcwing vote,
AYES, Councilmen Cox, Gillow, Campbell, McCand1iss, Scott
NAYES: Councilmen None
ABSENT: Councilmen None
/s/ Gregory R. Cox
-~'.
Mayor of the City of Chula Vista
AT'I'EST---..liL__;L~nie ~_~ Fu1as~._
City ClerJ
STATE OF CALIFORNIA)
CUU1',j'lY 01" bA1'J lJ.L.r..GU} S~<-
CITY OF CHULA VISTA)
Jennie M.
Form No. 342
Rev. 7/81
()
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/ City Clerk
/
2016
LIEN AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND EDMUND GANN, THE PRICE COMPANY, AND HSP HOLDING
COMPANY TO SECURE THE INSTALLATION OF A RETENTION BASIN
THIS AGREEMENT, is made and entered into on this 24th
day of March , 1982, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
EDMUND GANN, THE PRICE COMPANY, and HSP HOLDING COMPANY, B.V.,
hereinafter called "Owner";
WIT N E SSE T H :
WHEREAS, Owner desires to develop a shopping bazaar on
property which it owns west of Broadway Avenue between Naples and
Oxford Streets in Chula Vista, and
WHEREAS, City and Owner have agreed upon a procedure to
resolve certain drainage issues in connection with that
development.
NOW, THEREFORE, for mutual consideration, the parties
agree as follows:
1. Owner intends to construct a shopping bazaar and open
for business on the area designated Parcel 2 on that certain
Tentative Parcel Map 82-7 originally dated January 15, 1982, on or
about October 1, 1982.
2. City and Owner are negotiating for a drainage system
which will proceed west from the subject property through a mobile
home park located west of Industrial Boulevard and continue
thereafter further to the west in a manner to be agreed upon. In
the event that the parties are unable to reach agreement and
construct such a drainage system, Owner agrees that it will build,
prior to opening the shopping bazaar for business, a retention
basin generally described on Exhibit "A" to this Agreement and
incorporated herein by this reference. Said basin will be located
generally in the northwest corner of the property owned by Owner,
near the intersection of Naples Street and Industrial Boulevard
and west of the Harborside Elementary School. The total area
required for such retention basin is to be agreed upon by the
parties but will not exceed the size shown on Exhibit "A".
3. The parties will negotiate for the amount of
financial and other participation by City in connection with the
construction and maintenance of any drainage system, including the
retention basin.
4. To secure the faithful performance of the construct-
ion of the retention basin described in Exhibit "A", Owner grants
to City a lien upon the property described in Exhibit "B" as
security in the amount of THIRTY THOUSAND DOLLARS AND NO CENTS
($30,000.00). In the event that the Owner or his successors in
interest fail to install and construct this retention basin by
October 15, 1982, Owner agrees that the City may do any or all of
the following:
(a) Install and construct all or a portion of said
improvements by contract or otherwise, and Owner grants permission
to the City or City's contractors and their employees to enter
upon any portion or portions of the property reasonably necessary
for said construction, and the entire cost and expense of said
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improvements shall be charged against said property; said cost
and expense shall be payable by said Owner immediately upon
completion of said improvements, and in the event the same is not
paid within thirty (30) days from said completion, City may
foreclose said lien by appropriate action in court or as provided
by law for the foreclosure of mortgages under power of sale
pursuant to California Civil Code Sections 2924, 2924b and 2924C,
and in the event the foreclosure is by action in court, the Owner
agrees that the amount of said lien shall include reasonable
attorney fees which shall be taxed as a cost in any suit for such
foreclosure.
(b) Direct the City Engineer to estimate the cost of the
work required to complete said improvements and foreclose said
lien in said amount.
(cl Foreclose said lien as a mortgage.
(d) Pursue any other remedy, legal or equitable by law
for the foreclosure of a lien, and Owner shall pay reasonable
attorney fees to be taxed as a cost in said proceedings.
5. In the event of any litigation concerning this
Agreement, the prevailing party's attorneys' fees and costs will
be paid by the losing party.
IN WITNESS WHEREOF, this agreement was made and entered
into the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
-
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on, Assistant
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
On March 24, 1982, before me, the undersigned, a Notary Public in and for said
State, personally appeared Michael H. Dessent, known to me to be the agent for
the partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the~same.. ~ ~~
WITNESS my hand and official seal. ______________~~~
-2- arol Warner
. - - ~_-J_~ - ~__ --,. - --- ~ ~~J
@ OFFICIAL SEAL
CAROL WARNER
~. ., . NOTARY PUBtIC . CALIfORNIA
~.. ~ f~INCI?Al OffiCE IN
," SAN DIEGO COUNTY
My Commission [xpirE."S November 9. 1984
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EXHIBIT
.B
OIWER NO. 32781
LEGAL DESCRIPTION
P!\RCEL I:
That portion of Quarter Section 166 of CHULA VI~rA, in th~ Cnunty Dr
San Diego, State of California, according to Map thereof No. 505,
f 11.,'1 in the Office of' the County RecUt-der of San Diego County,
March 13, 1888, lying Southerly of the Southerly line of Nnples
Street (formerly. 6th Street) 80.00 feet wide, and lyinq Easterly or
th<:? Easterly line of the San Diego & Arizona Railway t'igilt of way,
as said street and right of way are shown on Licensed Survey Map No.
319, filed in the Office of the County Recorder of San Diego County,
January 3, 1928.
EXcr;PTTNG THEREfROH the Westerly 564.37 feet of tile Northerly 617.46
feet.
PARCEL 2:
The Southerly 140.00 feet of the Westerly 1000.00 feet of that
portion of Quarter of Section 166 of CHULA VISTA, in the County of
San Diego, State of California, according to Map thereof No. 505,
filed in the Office of the County Recorder of San Diego County,
March 13, 1888, lying Easterly of the Easterly line of the San Diego
& Arizona Railway right of way as said right of way is shown on
Licensed Survey Map No. 319, filed in the Office of the County
Recorder of San Diego County, January 3, 1928.
PARCEL 3:
The Easterly 125.00 feet of the Westerly 240.00 feet of that po~tion
of the Easterly Half of the Southwesterly Quarter of Quarte~ Section
166 of CHULA VIS'l'!\, in the County of San Diego, State of California,
according to Map thereof No. 505, filed in the Office of the County
Recorder of San Diego County, Harch 13, 1888, lying Southe!:'ly of the
Southerly line of the Northerly 657.46 feet of said Easterly !Ialf of
the Southwesterly Quarter of Quarter Section 166.
J::XCEPTING THERErROI1 that portion lying below a depth of 500.00 feet
measured. vertically, from the surface of said land, but without the
righ~ n~ any purpose whatsoever, to enter upon, into or through the
surface of said land or any ,part the!:'eof lying between said surface
and 500.00 feet below said surface as excepted by Southern Pacific
Transporation Company, in deed recorded November 9, 1979 as rile No.
79-475118.
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PARCEL 4:
The Easterly 125.00 feet of the Westerly 240.00 feet of the
Northerly 657.46 feet of th~ Easterly Half of the Southwesterly
Quarter of Quarter Section 166 of Chula Vista, in the City of Chula
Vista, County of San Diego. State of ri).1 ifC'q:nia, ,,,.:conling tu H;ij)
thereof No. 50S, filed in the Office of the County Recorder of Sdn
Diego County, March 13, luB8.
EXCEPTING THEREFROM that portion lying below a depth of 500.00 fect,
measured vertically, from the surfaCe of said land, but without the
right for any purpose whatsoever to enter upon, into or throu~h the
surface of said land or any part thereof lying between said sur[ac~
and 500.00 feet below said surface as excepted by Southern Pacific
Transporation Company, in deed recorded June 1, 1979 as File No.
79-224709.
1<._10'11'1
D-2
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m,ANIMOUS CONSENT FOill1
IT is HEREBY REQUESTED by the undersigned that the follovling
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Sec.2.04.090 of the Chula Vista City Code.
Resolution
- Approving Lien Agreement with Edmund Gann, The Price
Company, and HSP Holding Company to Secure the Installation of a
Retention Basin
#~~_/t1?-
(Signature)
Unanimous Consent of
signatures:
-1:1/ ~~2J a.
u.; .mr/' IL
-<>~~
the fity Council,
1~
,
as
indicated by the following
;(-IOf /f
CA-301
,
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. ,.f.XHIBIT
'13 '
ORDER NO. 32781
LEGAL DESCRIPTION
P;\RCEL 1:
That pOt'tion of Quarter Section 166 of CHULA VISTA, in the County or
San Diego, State of California, according to Map thereof No. 505,
f ilea in the Of f ice of' the Coun ty Recut"der of San Di ego Coun ty,
March 13, 1888, lying Southerly of the Southerly line of Naples
Street (formerly, 6th Street) 80.00 feet wide, and lyin~l Eagterly or
the Easterly line of the San Diego & Arizona Railway right of way,
as said street and right of way are shown on Licensed Survey Map No.
319, filed in the Office o( the County Recorder of San Diego COllnty,
January 3, 1928.
EXCEPTING THEREFROM the Westerly 564.37 feet of the Northerly 617.46
fee t.
PARCEL 2:
. The Southerly 140.00 feet of the Westerly 1000.00 feet of that
portion of Quarter of Section 166 of CHULA VISTA, in the County of
San Diego, State of California, according to Map thereof No. 50S,
(iled in the Office of the County Recorder of San Diego County,
March 13, 1888, lying Easterly of the Easterly line of the San Diego
& Arizona Railway right of way as said right of way is shown on
Licensed Survey Map No. 319, filed in the Office of the County
Recorder of San Diego County, January 3, 1928.
PARCEL 3:
The Easterly 125.00 feet of the Westerly 240.00 feet of that portion
of the Easterly Half of the Southwesterly Quarter of Quarter Section
166 of CHULA VISTA, in the County of San Diego, State of California,
according to Map thereof No. 505, filed in the Office of the County
Recorder of San Diego County, March 13, 1888, lying Southerly of ~le
Southerly line of the Northerly 657.46 feet of said Easterly Half of
the Southwesterly Quarter of Quarter Section 166.
I::>:CEPTING TH8REFR0l1 that portion lying below a depth of 500.00 feet
measured. vertically, from the surface of said land, but without the
right of any purpose whatsoever, to enter upon, into or through the
surface of said land or any ,part thereof lying between said sur[dce
and 500.00 feet below said surface as excepted by Southern Pacific
Transporation Company, in deed recorded November 9, 1979 as File No.
79-475118.
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PARCEL 4:
The Easterly 125.00 feet of the Westerly 240.00 feet of the
Northerly 657.46 feet of the Easterly Half of the Southwesterly
Quarter of Quarter Section 166 of Chula Vista, in the City of Chllla
Vista, County of San Diego, State of California, according to ~l"p
thereof No. 50S, filed in the Office of the County Recorder of Sdn
Diego County, March 13, 1088.
EXCEPTING THEREFROM that portion lying below a depth of 500.00 feet,
measured vertically, from the surface of said land, but without the
right for any purpose whatsoever to enter upon, into or throu<Jh the
surface of said land or any part thereof lying between said surfacn
and 500.00 feet below said surface as excepted by Southern Pacific
Transporation Company, in deed recorded June I, 1979 as File No.
79-224709.
I<.. -10 uy
0-2
RESOLUTION NO. 10814
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULI\.
VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA
VISTA AND EDMUND GANN, THE PRICE COtWANY, AND HSP
HOLDING COHPANY TO SECURE THE INSTALLATION OF A
RETENTION BASIN
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the Ci ty of Chula Vista does here~
resolve as follOl'ls:
NCW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the
Ci ty of Chula Vista that that certain agreanent between THE CITY
OF CHULI\. VISTA, a municipal corporation, and EDMUND GANN, THE PRICE
COMPANY, and HSP HOLDING COMPANY, to secure the installation of a
retention basin
dated the 19th day of March , 1982 , a copy of which
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is here~ approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is here~ authorized and directed to
execute said agreanent for and on behalf of the City of Chula
Vista.
Presented by
~~~~~
Approved as.to form by
_f./ (0.~-//~
~~/'~ ,,----- - r
George D. Lindberg, City Attorney
George D. Lindberg, City
Attorney
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
19!:! 2 , by the follOl'ling vote,
by the CITY COUNCIL
23rd day of March
to-wi t:
of the CITY OF
AYES: Councilmen
Cox, Gi11ow, Campbell, McCandliss, Scott
NAYES: Councilmen
None
ABSENT: Councilmen
None
Vista
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULI\. 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. DATEDI----
City Clerk
Form No. 342
Rev. 7/81