HomeMy WebLinkAboutReso 1989-15369 RESOLUTION NO. 15369
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 88-8, CANYON VIEW HOMES, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREET
DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE OPEN SPACE LOTS
GRANTED ON SAID MAP AND THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVSION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
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 88-8, Canyon View Homes, and more
particularly described as follows:
Being a subdivision of Lot 205 of Chula Vista Tract
81-4, according to Map thereof No. 1125, filed in the
office of the County Recorder of San Diego County on
April 22, 1985, together with that portion of Fractional
Section 33, Township 17 South, Range 1 West, San
Bernardino Meridian, according to United States
Government Survey approved April 17, 1883, together with
that portion of Quarter Section 10 of Rancho de la
Nacion, according to Map thereof No. 166 and 815 filed
in the Office of the County Recorder of San Diego County
May 11, 1869 and March 4, 1896, respectively, together
with Rutgers Avenue as dedicated to public use, all
being in the City of Chula Vita, County of San Diego,
State of California.
Area: 13.043 acres No. of Lots: 48
Numbered Lots: 40 Lettered Lots: 8
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public street, to-wit: Rutgers Avenue
and said street is hereby declared to be a public street and
dedicated to the public use.
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BE IT FURTHER RESOLVED that Lots C, D, E and H are
b~eby dedicated for Open Space, public utilities and other
~ Lic 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 construction and maintenance of
drainage, and sewer facilities all as granted and shown 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
street is accepted on behalf of the public as heretofore stated
and that said lots are dedicated for Open Space 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, as granted thereon and shown on said map
within said subdivision is 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
2rovement Agreement dated the 7th day of November , 1989,
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 the Mayor of the City of
Chula Vista be, and he is herey authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
r of .
lic Works
6437a
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~olution No. 15369
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Chula Vista, California, this 7th day of November, 1989 by the
following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore,
Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Mayor
ATTEST:
~verly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
15369 was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California, at a regular meeting of
said City Council held on the 7th day of November, 1989.
Executed this 7th day of November, 1989.
~everly/~.'~uthelet, City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
THIS &(lUKEPlaNT, ~ide and entered into thi8 day
mf , 19l , by and between THE CITY OF CH"b'L'X'lwrlr~TAm
· ~nici~l coCp0rmtton,'~etnafter called 'City", and CANYON VXEW
W~I, ~ California ~lmited Partnership, 3716 ~ean Park ilvd., Suite
JOO$. ~8nta Nonlea, CA 90405,
heroinafter called * lu~ividtret
WIPEAI~ lubdtvidef il about to present to the City Council
of the City of Chula Vista got approval and recordsCion, a ttnal
aMbatvialon map of · proceed aubdiviaton, to be known as CANYON VXKN
~ra~ant to the provisions or the lubdtvtaton Nap Act of the brace of
CaliCothief gnd in coaltinge vtth the ptovtalono of ~itle 18 of the
Chula Vista Nuntcipal Code felattnq to the filtng, approval and
recordsCion of eubdtvkatOn map, and
~IRI&If the Code ptovtdes that before nard mip ta finally
approved by the COunCil Qt the Ctty of Chul, Vtsta, lubdivider must
have either installed and c~ploted all of the publtc tmptovemenca
and/of land development york tequtted by the Code to be installed in
subdtvtsiHa before final ma~ of subdivtatona ate apptovod by the
Council tot ~tpoae of teccrdtng in the OCttc. of ~h. county Recorder
of lie Olelo County, Off am an alternattve thereof, 8ubdtvider shall
e~tef into en agreement vtth Ctty, secured by an apptOVQd tmprovemonC
t~utrementn of Title ll oE the Chu,ta t u pe agreeing
to tuntall and complete, ices oi liens ~t lundtvider'd o~n expense,
oct of the ~=ita t~tovUwetm and/or land dovvlopment work roquirnd
tn 00td suU4tvtmion within · definite pet iod of time prescribed by
said Counctl, and
~EWXiI, 8uOdivtder ta vtlltng tn consideration of
a~toval and recordaLton oi nard map Uy the Counctl, to enter into
this agreement ~etetn It is ptovtded that Subdivider viii install
and complete, at luudtvtder's own oxpenmo, all the publtc improvm-
mat ~tW r~utted by Ctty tn connection with the proposed sub-
division and ~tll deliver to City improvement securttius a, apptoved
oy the City Attotnmy, and
~EREA$, a tentative map of eatd aubdtvtston has heretofore
Dean a~fov~ .d~30Ct tO certain teq,,tfementm and conditions,
~ntgmned in Resolu~,on No. 137~ , approved on the _ $th day
of ~__, 19~, and
Yorm No. CAo410
e Portmad 3/87
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keWERKAI, Complete planm end t;meciftcationa for the
Cgnstructton, thetaller&on and completion of said public improve-
ment vark have been prepared and submitted to the City Engineer, as
shown on Drawings Nos.~hrouah 13-57 . .
on file In the office o y t.~tn~et, and'
WHEREAS, an estimate of the cost of constructing maid
I~dDliC improvements accordinf to said plans and specifications has
been submitted and approved by the City tn the amount of IEVKN HUNDRED
BINET~-IIX TWOqJI~ND DOLLARI AND NO C~NTI
N~e t~IREFORI; It II MUTUALLY UNDERSTUD AND ~GRE~D
" l, hbdlvl~er ,gtee8 to comply uith ,IX of the
monte oE the tentative map resolution; to do end perform or cause
to be anne In4 petesEmen, et [tl Ovfi expense, vethour cost to City,
tn · 9Hd end workmantrim manner, under the direction and to the
satisfaction and e~rovlt of the City Inqineer, ell st the public
I~tovement endlot tens deveZopment york requtzed to be done tn end
adjoining amid 8ubdtvilionr end will furnish the necemeary
R, tecialw therefor. all iR street conformity an~ in accordance with
the plans and specificitiont. which decuRania hive heretofore bean
iliad in the O(fl~e of the City inglr. eer and by this reference ire
Incor~rited heftin an4 ma~e a plgt netmot,
3, It l~ expressly understood and atreed ~h~t
~ngments h~ve been or will be installed within thirty (30) days
efteg the completion and acceptance of the acquired improvements,
an4 that iubdlvider hal installed or will install temporary street
name miens It permanent street name sians have not been instilled,
3, It Is ewp~essly understood and a~reed that ~ubdivtder
uS11 cause ell necessary materials to be furnished end
improvemonte t~uited endor the provieione of th$e conti$Qt to be
dHe M or before the third anniversary date of the recordsteen
or the map of said subdivider.
4. St te understood an~ agreed ~hat lugdivider
petgorm enid improvement ~ofk as set totlh hereinshore of that
~tttun of said improvement yogi serving any buildings or
structures t.ady tot occupancy tn nard subdivision prior to the
issuance of any certificate of clearance for utility cormactions
tot said building. or structures ,.. nard aubdlvtsion~ and such
certificate shall not be issued ~snttl the City [n~Xneer has
cettit.ed in wtttinf the completion of eitd puDltC improvements
the ~rtiM thereof serving eatd building or structures dpproved by
the Citfl provided. however, that the improvement security Rhetl
not be t~utted ~c .-v~r the provisions of this
$. It ta expreaaly underarced and aqteed to by
lubdivteer there in the performance of aatd york, Subdivider viII
c~nfor~ to and antde by all of the provtmtonR st the ordtnanc~a
the City of Chula Yeatam and t. ne tawa of the State of California
applicable to said work.
(. Subdivider fMrther agrees to Cucntlh and deliver to
%he City of Ch~|a Viatee mAmultaneouaZy vtth the execution of thtl
agreement, an approved improvement aecurity tn the sum of tHRll HUNDRID
NINltY-i[(3trr tlIOI31&ND DOLLARI AND NO CINTI
which eecuttty ehali euatantee the faithful performance of thin
contraCt by lobdivider an4 II attached heretoe marked Exhibit
an4 made a ~tt hoefloE.
~. lu~dtvl~et further agrees to fuEn~eh and deliver to
the Cit~ of Chult Viltl limultaneous~y utth the execution o~ this
agreement, in eratoyed improvement security ~n the mum o~ ~HRB~ HUNDRID
NZNItY-IIGKt ~IAND ~RI AND NO C~N~I (1391,000.00)
to macore the payment oe materfeZ and Zabor tn connection vtth the
tnstaZZ~etLen o~ aa~ ~bZtc improvemonte, which security
atteChe~ heretoe matted Ixhibit *Be and made a pa~t hereof and the
bond eNuntm am contilne~ In Exhibit 'B', and made I p~rt
l. ~ubdtvtdet Ourthee airewe to furntmh en~ delAvet
the City oe C~le Vtmta~ mimutteneoum~y v~th the execution o~ tht~
,gree~nte ~n appreved t~provement mecurtty tn the Bum o~
~I~D ~l~l N~DRID ~kRI ~D NO CgN~8 (112,300,00)
to secure the installation o~ mohumentm~ which security is attached
heretee m~rked ImhlbLt ere end made a part hereof.
l. tt te torther agreed that tt the public tmprovementm
are not completed vetheR Zhe time agreed heretn~ the sum~ pto~lded
Uy laid ~gOve~ent lieuCities may be gaed by City ~ot the
comp~ettan of the ~1~C improvemonte v[thLn eatd cubdivision
accordance v~th t~e specifications contained herein, Upon
certification of :caplotion by the City ~n9Lnewr and acceptonce
illd uo~l by Cttye lad after certiticltior~ by toe Director st
PEnance thlt Ill COltl hereof are fully paid, the whole amounte or
any pitt tasteof not requiged for payment thecaste may oe
to lu~divldee or its &MCCallOrS in triterware pursuant to the terms
of the lWtovvment security.
10. It ts also expr~srl. agreed and understood by the
parties fiegets thee tn no case wkll rhe City of ChUJl Viitie oi lay
deHct~nte Do~cd oc officer thegeo~, be liable ~or any portion oE
the costs and ex~nse~ of tn~ work ateteemed, nor mhall any
sEtirate aim luretree or bondmmene be liebee fqc toe payment oE any
tUI O{ lull {0[ aaLd VOr~ Ot any materimes t~rnLmhed therefor,
e~cept to toe limits esciUl~shed by oh, dpproved
leCVftty tn accordance with the requitement~ ot the grate
lu=~tvllton Rap Act lad the provictoria o{ ~t~e ]J o~ the Churl
Vistl NuntCtpIJ Code.
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Revised 9125/19
it. :t is further understood and aqreed by Subdivider
that any enllneerlnq coats (includinq plan checking, inspection,
matethers garnished and other incidental expenses) incurred by
City In cannotklan with the approval of the improvement plans and
Installation of pgbltc improvements hotelsabers provided for, and
the coat of street alpine'and street trees am req~ired by CIty and
applerod by the City latineel shall be paid by lubdividot0 and
that lobdivider shell hays deposited with CIty a sum of money
sufficient ko covet said
tl. It is understood and Rqteed that until such time as
all improvements ate fully completed and accepted by City,
Subdivider will be responsible got the care, maintenance of, and
any damate toe the sireerie alleyl, easements, water and sewer
lines within the ptop~aod sut}division. It is further understood
and a~reed that But}divider shall quatastes all public
I. mptovements for a period of one year fr~P date of final
acceptants and correct any and all defocta or deficiencies
arts~n4 durinq astd petted as a result of tho acts or omission
Subdivider, tta aqonts st empLoysea tntho performants of this
aqteement, and that upon acceptance of tne work by City,
lobdivider shall ttant to ~ity, by approptiato conveyance, ~he
Im0, rovementa consttucted pursuant to thin aUreemsntl provided,
however0 that amid actsprance shall not constitute a waiver of
defects ~y City as set [orth hotelashore.
13. Zt ta understood and aqreed that City, aa
inde~.nltee, or any officer or employee thorfief, shall not bo
ltablo for any tn3uty to person or propstry octsalaried by roeson
of the acts or omtaeto.a of ~ubdividet, tie agents or employees,
related to thta a~teement. ~ubdtvidet further aqresa to protect
and hdld ,at~lela the City, its officers and employees, from any
and all claims, demands, causes of acttent liability or
any sot~. betaunt of or atistn~ out of acts or omissions of
leDdivider. its a~ente or employees, /elated Co ~hla aqceemenCl
provtdede howeveto that the approved improvement security
not be required to cover the provisions of thin paraqraph. Said
Indemnification and arrowmeat to hold harmSeta ahal~ ex~ond to
damqes or taktnq of propstry resuXttn9 (ram the construction of
said subdivision and the public improvements as provided horo~n,
tncludtnqe but not limited to dsmaqew t.. or takinq from ad3acent
property ov~era aa a consequence of ~ diversion of waters in
the construction and m&S,tenance uf dtainaqe systems, and shall
not constitute the aimempties by City of any responsibility
au~h damage or takinq, nor Ih&ll C|ty; by e&td approval, be an
Insurer or surety to~ the e~.nstrmmct|on o~ the mobdivision
purlg&~t tO gild a~proved improvement p~dna.
thil paratrap~ IhaJl Diceme effect'lye upo~ the execution of th~a
altosmear and shall telusa in full force and effect for ton (~0)
yeats followin9 the acceptance by the City of the improvements.
14. Subdivider agrees to de[end, indemnity, and hold
helmless the local atehey or its agents, olt~cere, and employees
free any elsie, action, or proceedtat against the focal agency or
its at,ate, Qfftcete, or employees to attack, set aside, void, or
annul, an approval of the local atency, advisory agenay, appeal
t~osrd, of letJ. llsttve body concerntat s subdevilish, which action
to broelht within the tame period provided for In Section 66499,37
QI the Government Code of the Irate of Cattlemrs,
IN WZTNIII VKIRIOF, the parties hernia have caused thil
attune,eat to be elecuted the day and year ftrst heroinabove out
forth,
I~1 CZTY Of CNULA VZltA $UIDZVZD~R~
t~YON VZEW IIC4qll
A California Limited Partnership
g~'yot o[ the"Cit~ el Chula'
Vista n rtner
~ Ge
ArtiSt . t~en ,r~
~ ~lty Clerk"
Apptoved ,W tO t~rm by
(Attach Notary Acknowledgment)
0&$ll
LZlT ~ I~ZIZ'CI
lthLbit cA' buproqretent lemMrzty- Faithful Performanctt
IPorm t Bond
kmmuntt $391,000,00
I:thLbl% eBB r~provemmnt lecQrity - Iqatet~al and l~botl
rorul Bond
kBOUntt 1391,000,00
rzhtbtt "Ce troyfoment lemurtry- Iqonumentel
hm ! Bond
~l~untl ll2,JOO.O0
levuritiee ~pcmd as to form and amount by
Impcerement C~8pletion DBto~ Three (3) from date of CounGLZ
Subdivision
Zmprovement
Ag re emen L
~ q~llst, 13001i4~
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