HomeMy WebLinkAboutReso 1980-10300
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RESOLUTION NO. 10300
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING PUBLIC IMPROVEMENTS AND APPROVING
AGREEMENT GUARANTEEING CERTAIN IMPROVEMENTS, MORGAN-
GARDNER SUBDIVISION
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Morgan-Gardner has completed the public
improvements for Morgan-Gardner subdivision except for driveway
approaches and service roads for Lot 58, and
WHEREAS, an agreement has been prepared deferring
certain improvements-not constructed and guaranteeing their
construction pending approval of a proposed condominium
subdivision map.
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 JOHN W. GARDNER,
JR. and JOHN B. MORGAN, authorizing the acceptance of improvements
in that certain subdivision known as the Morgan-Gardner subdi-
vision and guaranteeing certain improvements that are not
installed pursuant to the original subdivision agreement, dated
the 30th day of September, 1980, a copy of which is attached
hereto and incorporated herein, the same as tnougnfu-J:ly 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.
BE IT FURTHER RESOLVED that the public improvements for
the Morgan-Gardner subdivision be, and the same are hereby
accepted.
Presented by
Approved as to form by
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John P. Lippitt, CIty
Engineer
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George D. Lindberg, City -
Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 21st
day of
October
, by the following vote, to-wit:
19~ 0
AYES: Councilmen
McCand1iss, Gi11ow, Cox
NAYES: Counci lmen
None
ABSTAIN: Counci lmen
None
ABSENT: Councilmen
Scott, Hyde
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Eep~ty City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
55.
I, JANE A. DIEDRICHS> DEPUTY 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. 10300
and
that the same has not been amended or repealed.
DATED
Deputy City Clerk
(SEAL)
:C-660 (a)
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Revised 9/23/80
AGREEMENT AUTHORIZING THE ACCEPTANCE OF IMPROVEMENTS
IN THAT CERTAIN SUBDIVISION KNOWN AS THE MORGAN-
GARDNER SUBDIVISION AND GUARANTEEING CERTAIN
IMPROVEMENTS THAT ARE NOT INSTALLED PURSUANT TO
THE ORIGINAL SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of
October , 1980, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City" and JOHN
W. GARDNER, JR. and JOHN B. MORGAN, 6153 Fairmount Avenue
Extension, Suite 215, San Diego, California, 92120, hereinafter
referred to as "Owner/Subdivider";
WIT N E SSE T H :
WHEREAS, the subdivision improvement agreement entered
into in conjunction with the approval of the final map of that
certain subdivision known as the Morgan-Gardner Subdivision
required improvements consisting of service roads on Lot 58 for
drainage and sewer access easements and as shown on Chula Vista
Drawings 78-99, 101, 103 and 104D, and
WHEREAS, Owner/Subdivider now has submitted a tentative
condominiwn subdivision map combining Lots 57 and 58 known as
Gateway Townhouses, which design will provide the necessary
drainage and sewer easements, but in a manner different than that
originally proposed for the Morgan-Gardner SUbdivision, and
WHEREAS, City and Owner/Subdivider now desire to defer
the construction of the sewer and drainage easements as originally
proposed in the event that the Gateway Townhouses project proceeds
as scheduled.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS,
1. City agrees to accept the improvements of the
Morgan-Gardner Subdivision deferring those service roads for
drainage and sewer easements within Lot 58 as shown on Chula Vista
Drawings 78-99, 101, 103 and 104D.
2. Owner/Subdivider agrees that they shall be respon-
sible for maintaining access within both of said easements for
City use at all times.
3. Owner/Subdivider agrees to deposit with the City
concurrent with the execution of this agreement a surety in the
amount of ELt."VEN THOUSAND FIVE HUNDRED DOLLARS ($11,500) for
faithful performance and FIVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($5,750) for labor and material, to guarantee construction of
aforesaid service roads should the Gateway Townhouses project not
be constructed.
4. Owner/Subdivider shall provide evidence that each
easement along its entire alignment has been compacted to 90%
relative density prior to approval of this agreement.
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STATE OF CALIFORNIA
COUNTY OF--S..aD ni pgn
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said State, personally appeared.
,Tohn B.
, before me, the undersigned, a Notary public in and for
Morgan and JohILJ"1~ Gi'lrdne.L. ,Tr
On
September 30,
1980
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known to me to be the person~ whose name s are
subscribed to the within instrument and acknowledged to me
that
they
executed the same.
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Signature
Gary A. Ebreck
Name (Typed or printe'd)
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OffiCIAL SEAL
GARY A. EBRECK
NOTARY PUBLlC.CALlFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires May 6, 1983
,............... _.....,_1
(Thisareaforofflcialnotarialseaf)
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5. At such time as the subdivision improvement agree-
ment for the Gateway Townhouses Subdivision has been appproved in
conjunction with the final map of said subdivision, this agreement
shall have no further force and effect and become null and void
and any surety posted by Owner/Subdivider shall be released.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first hereinabove set forth.
Tee ca' j , ,"UkTA ) .
ty of Chu a Vista
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[(, V-"_J!,r{/tL-t.-4k--
eputy Ci ty Clerk
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/iJohn B. Morgi3cn- ~-I
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Approved as to form by
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(Attach Notary Acknowledgement)
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