HomeMy WebLinkAboutReso 1989-15374 (b)
RESOLUTION NO. 15374
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 88-1~ RANCHO DEL REY, PHASE 5, UNIT 2,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS 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 88-1, RANCHO DEL REY, Phase 5, Unit 2,
and more particularly described as follows:
Being a subdivision of portions of Quarter Sections 44,
61 and 62 of Rancho De La Nacion, in the City of Chula
Vista, County of San Diego, State of California
according to Map thereof No. 166, filed May 11, 1869 in
the office of the County Recorder of said County.
Area: 42.565 acres No. of Lots: 98
Numbered Lots: 91 Lettered Lots: 7
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 streets, to-wit: Rancho Del
Rey Parkway, Esla Drive, Gredos Place, Martos Place and Norella
Street, and said streets are hereby declared to be public streets
and dedicated to the public use.
BE IT FURTHER RESOLVED that Lots A, B, Ct D, E and F are
hereby dedicated for Open Space, public utilities and other
public uses, and Lot "G" for park, public utilities and other
public uses.
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BE IT FURTHER RESOLVED that said Council hereby accepts
o~-behalf of the City of Chula Vista the easements with the right
~ Lngress and egress for visibility and street tree planting and
maintenance, 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
streets are 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 street tree
planting, 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
Improvement Agreement dated the 21st day of August, 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
a~ though fully set forth herein be, and the same is hereby
roved.
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
~o n P. Lrks of Th mas J.~/ron, City
6440a
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Resolution No. 15374
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: McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Malcolm
Greg . Cox, ~ayor
ATTEST:
Beverly ~. ~uthelet, City Clerk
~ATE OF CALIFORNIA )
UNTY 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.
15374 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.
Beverly ~. Authelet, City Clerk
SUBDIVISION IMPROVEMENT AGREEMENT
'tHIS &GREEMENT, made ~nd entered into tllia 2lEt day
of ___A~t_ , 1S8 9 e by and between THE CITY OF C~LA
· m~C~pal ~0~'~tmon,ietnafter called 'City', and RANCHO DEL REY
FA~TNE~NI~, 2727 Hoover AvenUe, National City, CA 12050
hereina~tec colted * Subdiv[der"t
WHEREAS, Subdivider ms about to present to the City Council
o[ the C[r.y of Cnula vAlt-l"~for approval and r,cordat~oqm e t~n.l
mubdtvLaton map o~ a prowled lubdtvlmton, to be known me C~ 88-1,
MNCHO DE~ UY PIIAaE 5,
pdrsuant to the prov~mAonm og the Subdlvtmlon Map Act o( the 8tmte
CaXl(otnlae and In compliance with the provtmtonm og ~tle 18 oE the
Chula Vista Hunlclpal Code relating to the ~llxnq, approval and
recordorion of aubdlvtmton maps and
~IEREAS, ~he Code provides that beEore maXd map lm [tnalXy
~pproved by the Council oe the City of Chula Vimtam 8ubd~vtder mumt
have etthet tomtolled and>~pleted a11 ot the public tmptovementm
and/or land development ~lk required by the Code to be tomtailed In
euUdlvta~onm beEore [Lna1 ~e o[ oubdivxm[onm are apptoved by the
Council foe purpose o~ ce~,~r~ng ~n the O~gtce o( the County Recorder
o[ San Diego County, or,'.F~'~jn alternative thegeog, Subd~vLdet IhllX
enter into an agreement wl'.lih(ttym matured by an approved xmpcovement
mecur ~ty to insure the: H gotmonte oE maid work purmuant
t~uit'e~entm of ~ltl, 18 ~N .~e Chula Vista Municipal Code, agreeing
to install and completem{:~'''~ ~::of liana at 8ubdivlder'm own expense,
~~ ~:de~lntte pe~ od o~ time preecc~bed by
laid Council, sod ~'~,~ ~
approval and recorderton O aid map by the Counc~Z~ to enter ~nto
them agreement vhe~etn t~ provided that SubdsvLder vLXZ ~nata~Z
and cospieCe, at Subdive, ovn expense, ali the public improve-
ment rock c~utred by in connection vttn the propomed eub-
dryEaton end ~tlZ deity,e4: ty improvement securities a~ appcoved
oy the CLty Attocnvy, and
WHEREAS, e tents map o~ sa~d subdivision has heretofore
been approveOm sub3ect ted m~taln requxrements and condttLons~
contained In Re,olut~on .~N~, 13442 , approved on the 2rid day
oe February , l~f~, anal: ....
; ' Form No. CA-410
Revised 3/87
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· Zqb
MIIIRtASe complete plans and specifications (or the
constructions installsaLon and completion of said public traprove-
merit work hav~ been prepscad and submitted to the City Engineer, ms
mhown on Drawings Hem, 8)-0251 through ~q-Q26Q
on (Xle in the off tee of the C~ty I~mlgtneet'/'a~d
WHEREASp an estimate of the cost o~ constructing maid
puotic improvements according to said plans and specifications has
been submitted end appEoved by the City tn the amount of lIGHT HUNDRED
1'HENrY-Tame THOUSAND IIX HUNDIU~D DOLt. ARS AND NO CENTS (1822,600.00).
N~, THKRIFORle IT IS MUTU~LLY UNDERSTUD AND AGREED AS
FOLLO~:
~. Subdivider agrees to comply with all of the requite-
mints el the tentatXve map tesoluttonl to do and per~ot.~ or caule
to be done and performads It ttl own expense, ~tthout cost to Citye
In a good and ~orkmenltke manners under the direction and to the
satisfaction and approval oE the City Engineer, all of the public
lapmovement and/or land development york required to be done In and
md3otnin9 mm~d muOdivimionl and will furnish the necessary
meteclaim therefor, a11 tn marAct conformity and tn accordance with
the plans and mpe~Xftcmtionm, which documents have heretofore been
(tied xn the O[~tce o[ the C~ty ~ngtneet mnd by thlm reference ere
tncorpotmte~ beEman end mmde m part heteor.
2. It [m expremmly undetmtood and agreed that
~ondmentm have been or vil~ be trimtaXied ~tchtn tn~rty,(3O) day~
a~tet the compXet~on and acceptance ot the required Lmprovementm~
and that SebdLvtder h~m ~nmtaX~ed or vt~Z thatall temporary street
name ~xgne le permanent It~eet n~me .~gnm have nnc been
3. Z~ tm exp[e=.ly undet~tood and agreed that SubdivLder
w~&l cause mXl necemmm~y materLalm to be ~urntmhed and all
lmpcovementm r~u&red under the ptov&m~ons of thim ~ontcaQt to
done on oc De(ore the th~ca anniversary date of the recordaaron
ot an. ~mp o~ maid auba~v~de(.
4. It Am undetltood and agreed that Subd~v~dec w~11
~et(orm mm~a lmptovement;::We~k a= set [o~tn hecexnabove or thm~
~ttLon o~ mm~d tmpcovmnt work aecvLng any butldLngm ot
8tcucturql ready ~or "'~c~t tn mmtd mubdLvtuLon prior to the
ior =at~ buiZdtngm or mttucture~ ~r, lard subd~vtmtonm and such
certificate mhmll not be immued ,nail the City Cngineer ham
certified ~n writing the Completion of maLd pub1~c tmprovemmntm or
t~e ~[tion t~eteo( merving maid outld~ng oc atructucem apptovmd by
the Cttyl provided, howewarm that the ~nprovement security mhaZ1
not be t~u~zed to c~,~c the pcovxmLona ot thou
e
5. :t ts expressly understood sad aqreed to by
Subdtvkdet that, tn the performance Of sa~d work, Subdivider vLll
conform to end abide by all OE the provisions ot tl~e ordinances of
the CIty ~f Chute Vista, and the laws of the State ~ Calt[ornta
8ppltcable to sakd work.
I. Su~dtvtder [urther a~cees to ~urntah and deliver
the City o[ Chute Viatat simultaneously with the execution oC tht~
agreement. an approved ~provement security tn the mum o~ FOUR IIUNURED
iLEVI~ ~'HO~&A~ID THRIE HUND!IZD DOllARS AND NO CENTS
which maturity abet% fuseantes the [atthEu[ performance of thtm
conicact by Su~tv~dec and tl attached hereto, marked Exhibit
arid mldq I ~[t hereof.
7. lubdtvtde~ further a~reea to furstab and deliver
~he Ctt~ o~ Chute Vtlte etm~Zteneou~Zy vtth the execution o~
a~reement, an appzoved tmprovemen~ security tn the sum o~ rQUR HUND~D
E~EVEN ~I~D ~i HUHD~D ~AR~ AND ~ CE~8
tO secure the payment o~ material and labor in connection with the
tnmttllletlon oE slid puDZlc improvements; which mecurLty
ettaChea heteto~ micked Exhibit *B" end mide i pact herasS end
bon~ i~unt8 as conreined ~n Exhibit 'B"~ and made a pirL harasS.
8. $u~dlvLdec SuEther egress to ~urn~mh End deZ~ver
the City of Churl Vimtie IEmuitineodlly with the execution oE ~h~m
e~reement, in ipproved Lmprovement 8ecurLty tn the eum oE T~EN?Y-rZVE
~OU~AND ~AR8 ~D ~ Ci~t
~o eeuure t~e InstillIrish oE monumentm; which security ~.
hereto; Barked Exhibit *Ce lad m~de ~ plrt hereof.
~, Zt ~m ~u[ther l~reed tha~ [r the public improvemanOR
· re no~ completed ~tthtn the tLme agreed heretn~ ~he sum3 posy(dad
completion ol the public l~provemen~s v~hin ea~d subd~vLs~on
accordance ~Ltn the Ipec~cattons co~a~ned harems. UpOn
CeCtt~kcaCton o~ completion by the C~y ~ng(neer and acceptance of
eaxd york bv CLLy, and after certifYcat[on by ~ne D~recCoc oE
Finance that ltl COICl hereo~ are fully paid, ~he vho~e amount,
any part thereof not requt[ed for paymeal ~hereof, ~ay be ce~eaeed
to Subdivide; or Lee eucceslore ~n tnCeree~, pursuant co the terms
of the [~rovement
tO. ZC te alas expreee~ a)Leed and underlcood by the
petite: berets thaC An no came vAIl the C~Cy oE Chula VteCa, or any
department, boa/d of o/ricer therest, be liable for any portion
the coltl and expenses o~ the york aforeaaXd, nor ehaZ~ any
officer, hie auratree st boadamn, be illhie for the payment of any
except to the illtea emCabltah~d by the ~pproved tmpro~ement
JuOdtvtlton Hap Act and the pcovtmtunm or TLLte J8 o~ the ChuXa
V[itl Nuntripe[ Code.
iX. It t8 tufther understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials tutntahed and other incidental expenses) incurred by City
In c~mectton with the approval of the ~mprovement plans and
installation ot public improvements hereinshore provided t,ot, and
toe coat ot street signs and street trees aa requited by City end
applewed by the City Engineer shall be pard Oy Subdivider, and that
Su~dtvtdet shall have deposited with City a sum of money sut,/lclent
to covet aatd cost.
12. Zt ts understood and agreed that until such time
art lm~:ovements ere tully completed and accepted by City,
Subdtvt t will be responsible t,or the care, maintenance off and
any damage toe the streets, alleys, easements, water end sewer
lines within the proposed subdivision. It ts further understood
an~ agreed that lubdtvtder shall guarantee all public ~mprovements
toe a period or, one year from date oE final acceptance and correct
any end all det,ects or defftc'~enctes arising during said period as a
ge~utt o[ the acts ot oll~l<on or, Subdivider, its agents or
employees tn the performance oE this agreement, and that upon
acceptance ot tne work by City, Subdivtder shall grant to Ctty~ by
appropriate conveyance, the improvements constructed pursuant to
thin agreement/ pt~vlded, however, that said acceptance shall not
constitute · waiver ot detects by C{ty as set forth heretnabove.
13. It ta understood and agreed that City, am
tndemntt. ee, or any o~ttcet or employee thereof, shall not De ltabte
for any ln3uty to person or property occastoned by reason or, the
acts ot omissions oE BuDdivider, its agents or employees, or
1ndemn~tee, related to this agreement. SubdtvXder Eurther agrees
to protect end hold hateleas the City, tim oEEtcers and empZoyees~
tree any end all claims, demands, causes o~ actlon~ liability or
loss ot any sort, because ot ot arCs/n9 out of sets or omissions of
luDd~vldet, Lta agents or employees, or indemnttee, related to this
agreementl provideS, however, that the appruved /mprovement
security ShalZ not be required to cover the provisions of this
paragraph. Said Lndemnlt,icatton and agreement to hold harmless
shal~ extend to damages og taking of property resulting t'rom the
construction of astd subdivtslon and the pun3tc improvements aa
provided herein, to ad3acent property owners an a consequence
toe diverlion ot waterl ~n the constructinn and maintenance
drainage systems and ehal| not constitute the aaadmpcion Dy CL~y
any responsibility got such damage or ~akir~ nor shall CIty, by
lard approval, be an insurer or .ur. ~or the construction or, the
subdivision pursuant to aaxd app. c:,ud improvement plane. ?he
prUvlat~e,a O~ t~Xl paragraph anal1 become el~eCtive upon
execution or, this agreement and er~ei| reinsin in Eull Eorce and
atEact {og ten (~0) years Eollowtn~ toe 4ccepcance Dy the City
the improvements.
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l(, $ybdlvtder aqrees to defend, indemnify, and hold
harmI,ll the local a~ency or its a~ents, officers, and ~mployaea
from an)' Claim, aCtion~ or proceeding aga~nwt the local aqency or
its Ig~tl~ OfficerS, Or employees to attack, sat aside, vold~ o~
annul, an approval of the local agency, advimory agency, appeal
~lr~, or le~lllative body concefnln~ a aubdiviwion, which totion
II ~go~ht vtkhin the time petSod provided fog In Section 66499.37
of the ~ove[nment Code of the State of California,
IN MZTNIS$ WH$RJOr, the parti,m her,to have cauled thai
agreement to be execute~ the day end year firat heretnabove Bet
foith,
~E CZ~ O~ CKU~A VZ~A SUBDIVZp~RI ~D ~ ~ P~P
~o~ ~[ the City 'oi ~hMl,"
A~EST
C~ty ClecW ~t
Appcove~ aS tO ~Or; by
rAtrich Notary Acknowledgment)
I~,kTZ C~' :.KZ.Z~3~ZX )
)
couIr~ ~lP ~ DZ~~ )Nots~.
~ ~e ~n~ ~o ~t~, ~e vt~n Lnet~ent on ~ha~t ot
a of Uo feneuZ ~e, or ~CHo 'OiL try PARTNERSHIP '
s~~er ~ ~t 8~ ~ership exe~sd ~e otto.
~l ~ ~ iM otrioil~
('
·
((~)rNratl~ as a Parthtr Of a Partnershal))
STA~ OF CAL. tFOMN|A
~UMTI OF $.Um Of[GO )
before me, Patrtcta Urbtnao a Notary Public in
to be the person who e&ecuted the within Intervene
k
~ to be the person who
e~E-cut.¢d the within instrument as the _- Trta~vntr of
~:e Ca Itat Corporation the corNration that executed the within instruant
on t;ehm~f Of Ranch~ De1 Ray the
pmrtnersm~Ip t~'{'~xecuted the within tnstrvment~ and that such' partnership
emecuted the
WITNESS my hand end official see1.
(This area for offl'ctml seal)
Zmpro~ement' =ecur~ty- Fatthful hrf~ormencem
hm t Bond
~untt 2411,300.00
~~nt l~r~ty - MaterLal a~ ~borl
.. loml Bond
~unte 2411,300.00
hmm Bond
~untt 225,000,00
apFove~ as to ~o~ a~ ~unt by
~ City A~O'rney
Thr~e (3) years from date of Council
approval of the 2ubdiv~s~on Improvement
A~reemont
NI(K!~AI, The Cl~y Coune~l o~ the city oE ehula Vista,
"pr~nc~pal"l' hiv~ en'tered"ln~'an agreement ~
agrees to install and complete certain dem~gnat~ public
mprovements, which sa~d afreument, dated
, end ldentl~l~ ms project
~e(e~r~d to end ~de · pM~t hereo~ ~nd , '
~E~AS, laid princ~pel is required under the termm
o~ maid afroomenS to fur~lsh · ~ond ~oc the ~a~th~ul performance'
o~ se~d agreement,
~W, THEREFOK, we, the principal end
_ PACIFIC ~TATES ~A)UAL~ C~A~ , am surety, are
held and [~r~,ly boG~ unto ~he' C~t~ o~'ChU'l'~ Vista, heronneUter
)iwfu~ ~ney~ the un~ed ~a~;7 for the paym~n~ O~ which
weX1 a~ truly to be Nee, we b~nd ourmelvem, our
~eeellocle executors and administrators, ~o.tnt~y and mevera~ye.
ELcmZF by theme pratenit,
The condition oE thee obZLqat~Qn La auch that ~ the
m~ve ~und~ principal, hLa or ~tm he~za, executotm, admLnLt-
statetEe lucrestorE ot 4aa~gnt~ shall ~n a~Z th~ngm stand to
and abide by, and ue~ End truly keep.and perform the covenmnts~
condLtLonm and provisions Ln the said'agreement and any altera-
tion theteeS ~de aa there~n provided~ on h~s or the~r part,
be kep~ and ~tEorNd ac the time end ~n the manner therein
specifiC, and Ln a~ respects according to the~r true ~nten~
Md meaning, a~ tM~ lnde~LEy and cave hazmZeam the C~ty
Chute v~eta, ttl ot~cerme agent~ and emp~oyee8, as thore~n
StipUlate, then thai obligation shall become nuL~ and void;
othenXse it shall be and remain In ZulZ Eocca and e~Zect.
As a part oZ the obligation secured hereby an~
addition to the lace ~ount ~F~c-~ed therefor, there shall be
Lncl-ded coltl &rid re&son&hie ex'unses and Sees, ~ncLudin9
rea~on4b~e aL:o~ney's Zeal, lncu.ced by the C~t.y xn 3uccessZuZZy
eneorc~ng such obligation, all t> be taxed as coats .tnd
cl~ Xn an~- ju~en~ rendered.
The surety h~reby stip.alates and egosea Lh~ no char~ge~
extension oE t~e, alteration or addXt~o~ to the terms oE the
aereem~nt or to the york to be per ror~d thereunder or the
spectfLcatlons accompanytng the same shall In any~lse affect
its obligations on ~ks ~, and Z~ does hereby ~a~ve notice
o[ shy s~ch chanfe, extension o~ time, alteration oc addition
In &ddLtion to the ac~s ~nded Zor pursuant to the
~re~ent in~r~r~ted &~ve, the ~ollowint act, and per~ormaneel
are edditl~nail~ subject to the terms o~ this afreementt .
In vLtnes~ vhereo~, this insurgent h&m been duly
executed by the pr~nci Al snd s~ret~ above niAed, on
~IAI[ ~ C'AIJI~NtA
' ,)~_ Aulu~I 23, 191q "'
~ ~ imndy Spohn
" C,i.~.y Xi:"torney