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HomeMy WebLinkAboutReso 1980-10416 .. ,. .. , .;t RESOLUTION NO. 10416 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 80-15, HIDDEN VISTA VILLAGE, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPRQVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREE- MENT PROVIDING FOR APPROVAL OF THE FINAL MAP FOR HIDDEN VISTA VILLAGE PRIOR TO APPROVAL OF GRADING AND IMPROVE- MENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: ,NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 80-15, HIDDEN VISTA VILLAGE, and more particularly described as follows: Being a subdivision of Quarter Section 86 and portions of Quarter Sections 70, 71, 87, 96, and 97 of Rancho de la Nacion, Map No. 166, filed in the office of the County Recorder of San Diego County on May 11, 1869 Area: 423.337 acres No. of Lots: 355 No. of Units: 954 is made in the manner and form prescribed by law and conforms to the surrounding surveys, and that said map and subdivision of land sho.vn thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: A portion of EAST "H" STREET, HORIZON VIEW DRIVE, RONNA PLACE, BAY LEAF DRIVE, SMOKY CIRCLE, WINDROSE WAY, MOON VIEW DRIVE, STARWOOD CIRCLE, TRAM PLACE, HIDDEN VISTA DRIVE, LAWN VIEW DRIVE, WOODHOUSE AVENUE, CHANTEL COURT, LEGATE COURT, KERNEL PLACE RIDGEBACl< ROAD, LOWEWOOD PLACE, BEACON PLACE and DAWN COURT, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A, E, F, G, H, J, K, P, V and Ware hereby dedicated for Open Space, park and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer and drainage facilities and for pedestrians, open space, access, street tree planting and public utilities, all as granted and sho.vn on said map within said SUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council, that said Council has approved said subdivision map, and that said public -1- 81-102438 streets are accepted on behalf of the public as heretofore stated and that said lots are dedicated for Open Space, park and other public uses, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities and for pedestrians, open space, access, street tree planting, and public utilities as granted thereon and sho..rn on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 19 th day of March, 1981, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement Agreement dated the 19th day of March, 1981, providing for approval of the Final Map for Hidden Vista Village prior to approval of grading and improvement plans, a copy of which is attached hereto and. by reference made a part hereof, 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 agreements for and on behalf of the City of Chula Vista. Presented by /P- ~ ~~ Approved as to form by ~ John P. Lippitt, City Engineer George D. ~~. ~~. /~ ()s-/ ~ ~/- /()~ ,.3;:" 3-F/ ~ -2- 1d/{fJ -. ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :HlJ..A VISTA, CALIFORNIA, this 24th day ot March 9~ 1 , by the following \/Ote, t01t: IYES; CCUlCilmen McCand1iss, Scott, Gi11ow, Hyde, COX IAYES; Councilmen None IBSTAIN: CoLrIcilmen None .BSENT: Councilmen Nonp. GJ~AC{~ ~~. ...... of tho .C>y of CIUo V.I. TTEST 'h JJJ (~'hh~ (/ ,City Clerk TATE OF CALIFORNIA ) OUNTY OF SAN DIEGO ) ss. 'TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMt, CITY CLERK of the City of ChuJo Vista, California, J HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10416 ,and that the same has not been amended or repealed. ~TED ( seal) City Clerk 164/6 :;-660 Revised 3/19/81 EXHIBiT (' '-.-" SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 19,th' day of March , 1981, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE VILLAGE COMPANY, a joint venture, composed of WATT INDUSTRIES/SAN DIEGO, INC., a California corporation, and FINANCIAL SCENE, INCORPORATED, a California corporation, 3737 Camino del Rio South, Suite 309, San Diego, California 92108, hereinafter called "Subdivider"; WIT N E SSE T H : \~EREAS, the development as proposed by THE VILLAGE COMPANY comprises a significant acreage, i.e., approximately 423 acres, with a multiple number of uses which will be completed over a period of several years, and WHEREAS, because of the magnitude of the project and the monies involved in insuring the improvements in the public interest, it is desired that said program move forward as rapidly as possible, and WHEREAS, it is mutually desirable that the final subdi- vision map for Chula Vista Tract 80-15, to be known as HIDDEN VISTA VILLAGE, be presented to the City Council for approval at its meeting of March 24, 1981, and WHEREAS, the final plans for grading and subdivision improvements have not been completely plan checked and coordinated and will not have been subjected to such final plan checking prior to said aforementioned date,' and WHEREAS, it is now mutually desired by City and Sub- divider that adequate insurances be provided so as to eliminate any problems which might arise out of any improvements or modification of improvements necessitated by the plan chedcing process and grading program, which will be performed by Subdivider and stipulated through an appropriate subdivision agreement secured by financial arrangements approved by the City Attorney. NOW, THEREFORE,. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOilS : 1. It is understood and agreed that Subdivider may proceed with the request for approval of the final map for Chula Vista Tract 80-15, to be known as HIDDEN VISTA VILLAGE, and if it obtains the approval of said map, provided it meets all other applicable standards and conditions as set forth in the tentative map therefor, and all fees have been paid and appropriate security arrangements have been approved, Subdivider may record said map notwithstanding the fact that the final plan check of subdivision improvements and grading has not been completed. 2. Subdivider agrees that the preparation of the improvement and grading plans will proceed in due course in a diligent manner and shall be fully completed within ninety (90) days of the recordation of said subdivision map. In the event that the City's plan check reveals that additional improvements and/or modifications to the improvements must be embodied in the plans submitted by Subdivider, then such additional improvements and/or modifications will be made by Subdivider and appropriate security arrangements be provided to City. 3. It is further understood and agreed that Subdivider shall make every effort to include the City as a party to Sub- divider's grading contract at their unit prices for the '-'or), to be accomplished by the City of the portion of East "H" Street , . -1- __ ..d_._~.JlIO-.-__'" "., ......,~,4. 't ". .;;\ ~' ;:~ la '"':: ,.;, ~, ,," .'. ',' Subdivider' agrees to allow City to prepare or pay for preparation of any additional plans necessary for the incorporation of such work. Said offsite improvement of East "H" Street by the City shall be undertaken solely at the option of the City and no provision contained herein constitutes an obligation for the City to proceed with such work. 4. Subdivider agrees to amend any plans or the final map which may be required by the City as a result of the completion of grading plans and improvement plan checks where additional easements or rights of way may be needed either because of changes from or oversights in the original final map preparation and review. 5. It is further understood and agreed that any grading and construction of improvements not shewn on the Mass Grading Plan or previously approved Offsite Sewer Plans must be approved by the City Engineer. 6. It is further understood that within ninety (90) days of the recordation of the final map, Subdivider shall present to the City for consideration as a possible substitution for bonds originally submitted as security, seven (7) lien agreements covering those areas designated as Phases 2 through 8 of the Construction Phasing Plan imposing liens upon all of the properties wi thin said area in an amount equivalent to 100% of the cost of said improvements. If said liens are accepted as security for improvements in future phases, the lien agreements shall be released upon the commencement of the construction of improvements of any phase and the presentation of adequate bonding to substi- tute therefor in accordance with the requirements of the State Subdivision Map Act and the Chula Vista Municipal Code. Said bond amounts will be subject to adjustment from original estimates based upon inflationary factors. 7. It is further understood and agreed that an access easement must be granted to the Sweetwater Authority for a water tank at some time not later than one year subsequent to the approval of said final map. Subdivider and City understand and agree that after an access road has been graded by the Subdivider, the~r engineer at their expense will survey the road and prepare a legal description and grant of easement to the Sweetwater Authority which will be granted by the City of Chula Vista. 8. Subdivider further agrees that the fire station agreed to be constructed in accordance with the provisions of the tentative map on Lot 319 of the subdivision shall be constructed within five (5) years of the recordation of the final map or upon completion of Phase S, whichever date is sooner in time, unless the City, based upon lack of development of access to areas to be served by the fire station, shall request a modification or extension of the time for completion of said fire station. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: The Village Company By: Watt Industries / San Diego, Inc. u ~~;::_72~he C~ty C ula ATT~~~~~ ------ /' ---1--' '---"7"'.---; /- """YJ_______ L-/ \-~ " \ .~ \\\ ,I """'G -......;.r..., By: Financial Scene APpro~ by ~ -~~ City Attorney " ,.' (Attach Notary Acknowledgment) wL (;" , . /J~~~ ~ / '~~ I . (/i r / I C:<~<"~ CQ"C.. ( () 1/,",..;; J _.. I I _" .- tL .'ATE OF CALIFORNIA ) 'UNTY OF SAN DIEGO ) ss. I this 19th day of March , 19~, before me, the undersigned, a Notary Public in and Ir said County and State, personally appeared Joseph D. Davis , known to me , be the President, and Garv Oel1ien , known to me , be the Vice President s#iIJi.?J.iJJi1{1J. of Watt Industr,i'es/San Diego, In~ the corporation lat executed the within instrument, said persons being known to me to be the persons who ~ecuted the within instrument on behalf of said corporation, said corporation being known , me to be one of the joint venturers of The Vi 11 age Company , the joint venture Jat executed the within instrument, and acknowledged to me that such corporation executed le same, both individua11y and as joint venturer of said joint venture, and that such joint ~nture also executed the same. ~ ......om~;~EAL ALISON WARREN NOTARY PURLlr.CAlIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commi$sion Expires Aug. 15, 1983 rTNESS my hand aJd official seal. (}jLI~!{kft0MJ ,tary Public in and for said County and State. I "TATE OF. CALIFORNIA ) rOUNTY OF SAN DIEGO } ss. jJn this 19th day of Mao:'ch F ' 1'9_81, before me th d ii_or said County and State ' e un ersigned, a Notary ,. b ' personally appeared G Public in and ,,-0 e the Vice p. arv A. Gram1ina , known to me Ito be the Assistant res~dent, and Diar.e E. Thatcher \h Secretary of F' , 1 - , known to me I at executed the within instru t' lnancla Scene Inc. , the corporation ~Xecuted the within . t men , sa~d persons being known to me to be ~, ~ns rument on behalf of said' the persons who .~ro me to be one of the joint venturers of Th ;~{forat~on, said corporation being known }/hat:. executed t~~ ~ithin instrument, and aCknow~edJ..edaqe Cannany r the joint venture ~the same, both ~nd~vidually and as joint venture g t~ m~ ~hat such corporation executed ,(enture also executed the same. r of sa~d Jo~nt venture, and that such joint I\~.:"ITNESS my hand an~d official OFFICIAL SEAL NO'NE BAILEY , NOTARY puBUC rAl wt')RN1/', SAN DIEGO COUNTY j;Votary in My comm. expires APR 30, 1984 ~ and State.' ~_ ...-'","F' ~~ ."'-......"'-....~-. .,~,f.~~.~ ..,.,.~;~:.j~;):'t,,1.:...~~__;..,;.~,~.,:~~~~:,:"::"1. -..-------- f9:1[w I OC( r (0