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HomeMy WebLinkAboutReso 1979-9499RESOLUTION NO. 9499 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CASA DEL REY SUBDIVISION ACCEPTING ON BEHALF OF! THE PUBLIC THE PUBLIC STREETS DEDI- CATED ON SAID MAP, ANI~ ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EA5EMF~NTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUI~ED BY SAID SUBDIVISION AND AUTHO- RIZING THE MAYOR TO E~KECUTE SAME The City Council of tme City of Chula Vista does hereby reso ve 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 CASA DEL REY SUBDIVISION, and mere particularly described as follows: Being a subdivision o~ all those portions of Quarter Section 41, 42, 63 and. 64 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of Cali- fornia, according to ~Iap thereof No. 166, filed in the office of the County iRecorder of San Diego County, May 11, 1869. Total No. of Lots: 2'27 Area: 68.310 acres is m de in the manner and form iprescribed by law and conforms to the surr unding surveys; and that staid map and subdivision of land shown then on is hereby approved and 'accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on beh if of the public the public streets, to-wit: De Anza Court, Del Pra o Court, Del Rio Court, De]~ Sur Court, Paseo La Cresta, Paseo Del Cerro, Paseo Del Norte, Paseo Del Paso, Paseo Entrada, Paseo Mar uerita, Paseo Sarina, PasecD Sierra, Paseo Verde, Taxco Court, and portions of East "J" Street and Telegraph Canyon Road, and sai streets are hereby declared to be public streets and dedicated to he public use. BE IT FURTHER RESOLVED that Lots "C" and "F" are hereby dedicated for Open Space, park', and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on ehalf of the City of Chula'Vista the easements with the right of ngress and egress for the construction of sewer, drainage, str et tree planting and public utilities, all as granted and shown on aid map within said subdiv~.sion, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of hula Vista be, and she is hereby authorized and directed to end rse upon said map the actipn 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 tha those certain easements wtith the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, st et tree planting, and public utilities as granted thereon and sh n on said map within said ,subdivision are accepted on behalf of the City of Chula Vista as'hereinabove stated. is of BE IT FURTHER RESOLVED that the City Clerk be, and she hereby directed to transmiit said map to the Clerk of the Board Supervisiors of the County'of San Diego. -1- i the is as BE IT FURTHER RESOLVED that that certain i1979vemfor :ement dated the 22nd day of January , , completion of improvements, in said subdivision, a copy of which attached hereto and by reference made a part hereof, the same :.hough fully set forth heroin 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 ag Bement for and on behalf of the City of Chula Vista. Presented by :p/! W. J. Robens, Director of Pu lic Works Approved as to form by ~~ .~'~~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CH LA VI5TA, CALIFORNIA, this 20th day of February ' 197---' by the following vote, to-wit:: AY~S: Councilmen 5cot~., Cox, Egdahl, Hyde, Gillow NA ES: Councilmen None ENT: Councilmen None AB A ES Cit C erk i S ATE OF CALIFORNIA) C UNTY OF SAN DIEGO) ss. C TY OF CHULA VISTA) Mayor of the City of Chu a Vista I , City Clerk of the C'ty of Chula Vista, Califor~hia, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the s me has not been amended or repealed. DATED City Clerk -2- Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 20th day of February , 19 79 , by and between THE CITY OF CHULA VISTA, a munl lpal Corporation, hereina ter called "City", and PARDEE CONSTRUCTION COMP NY, A California corporation, 10639 Santa Monica Blvd., Los Angeles, Cali ornia 90025 here nafter called "Subdivider"; W I T N E S S E T H_ WHEREAS, Subdivider iS about to present to the City Council of the sty of Chula Vista for appioval and recordation, a final subdivision map f a proposed subdivision, to be known as CASA DEL REY pursuant to the provisions of the ubdivision Map Act of the State of California, and in compliance with the revisions of Title 18 of the Chula Vista Municipal Code relating to the sling, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally appr ved by the Council of the ',City of Chula Vista, Subdivider must have either installed and completed all. of the public improvements and/ r land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Coun it for purpose of recordizrg in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall ent into an agreement with City, secured by an approved improvement sec rity to insure the performance of said work pursuant to the require- men s of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the pub is improvements and/or land development work required in said sub- div'sion within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing, in consideration of the app oval and recordation of said map by the Council, to enter into this agr ement wherein it is provided that Subdivider will install and com- ple e, at Subdivider's own expense, all the public improvement work req fired by City in connection with the proposed subdivision and will del ver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore bee approved, subject to certain requirements and conditions, as con- tai ed in Resolution No. 9007 , approved on the 14th day of February 197 , and WHEREAS, complete plans and specifications for the construction, ins allation and completion of said public improvement work have been pre tired, submitted to and approved by the Director of Public Works, as hewn on Drawings No.78-329D through 78-347D , on file in the Office of he Director of Public Works, and WHEREAS, an estimates of the cost of constructing said public imp ovements according to said plans and specifications has been sub- mit ed and appproved byy the City, in the amount of NINE HUNDRED SEVENTY- SI THOUSAND DOLLARS AND NO CENTS ($976,000.00) NOW, THEREFORE, IT ~S MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS: i 1. Subdivider agrees to comply with all of the requirements of the tentative map resolution; to do and perform or cause to be done an performed, at its own expense, without cost to City, in a good and wo kmanlike manner, under the ''direction and to the satisfaction and -1- appr val of the Director of Public Works, all of the public improvement and/ r land development work required to be done in and adjoining said subd vision; and will furnish the necessary materials therefor, all in stri t conformity and in accordance with the plans and specifications, whic documents have heretofore. been filed in the Office of the Director of P blic Works and by this reference are incorporated herein and made a pa t hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the com- plet'on and acceptance of the required improvements, and that. Subdivider has 'nstalled or will install temporary street name signs. if permanent stre t name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will caus all necessary materials to be furnished and all improvements re- quir d under the provisions of this contract to be done on or before the socond anniversary date of the recordation of the map of said sub- div'sion. 4. It is expressly understood and agreed that Subdivider will per orm said improvement work as set forth hereinabove or that portion of aid improvement work serving any buildings or structures ready for occ pancy in said subdivision Rrior.to the. issuance of any certificate of learance for utility connections for said buildings or structures in aid .subdivision, and. such certificate. shall not be issued ..until the Dir ctor of Public Works has certified in writing the completion of said pub is improvements or the portion thereof serving said buildings or str ctures_approved by the City; provided, however, that the improvement sec rity shall not be required.to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider tha , in the performance of said work, Subdivider will. conform to and abi a by all of .the provisions. of the ordinances of the City of Chula Vis a, and the laws of the Staite of California applicable. to said work. 6. Subdivider further. agrees. to furnish and deliver. to the Cit of Chula.. Vista, simultaneously with the execution of this agreement, an pproved improvement security in the sum of FOUR HUNDRED EIGHTY-EIGHT THO SAND DOLLARS AND NO CENTS .($488,000.00) whi h security shall guarantee the faithful performance of this contract by ubdivider and is attached.. hereto, marked Exhibit "A" and made a part her of. 7. Subdivider furtY~er agrees to furnish and deliver to the Cit of Chula Vista, simultaneiously with the execution of this agreement, an pproved improvement security in the sum of FOUR HUNDRED EIGHTY-EIGHT TH USAND DOLLARS AND NO CENTS'($488,000.00) to ecure the payment of material and labor in connect-ion with the instal- lation of said public improve~ents, which security is attached hereto, ma ed Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the Ci y of Chula Vista, simultaneously with the execution of this agreement, an appproved improvement security in the sum of T[~TENTY THOUSAND DOLLARS AN X10 CENTS ($20,000.00) to secure the installation of monuments, which security is attached hereto, ma ked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are no completed within the time agreed herein, the sums provided by said im rovement securities may be~used by City for the completion of the pu lic improvements within said subdivision in accordance with the sp cifications contained herein. Upon certification of completion by th Director.. of Public Works and acceptance of said work by City, and of er certification by the Director of Finance that all costs hereof ar fully-paid, the whole amount, or any part thereof not required for pa ment thereof, may be released to Subdivider or its successors in in Brest, pursuant to the terms of the: improvement security. -2- 10. It is also expressly agreed and understood by the parties heret that in no case will the -City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expen es of the work aforesaid, nor shall any officer, his sureties or bonds en, be liable for the payment of any sum or sums for said work or any terials furnished therefor, except to the limits established by the a proved improvement security in accordance with the requirements of th State Subdivision Map Act and the provisions of Title 18 of the C ula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any e gineering costs (including plan checking, inspection, materials furni hed and other incidental expenses) incurred by City in connection with he approval of the improvement plans and installation of public impro ements hereinabove provided for, and the cost of street signs and stree trees as required by City and approved by the Director of Public Works shall be paid by Subdivider, and that Subdivider shall have de- posit d with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all impro ements are fully completed. and accepted by City, Subdivider will be re ponsible for the care, maintenance of, and any damage to, the stree s, alleys, easements, water and sewer lines within the proposed subdi ision. It is further understood and agreed that Subdivider shall guara tee all public improvements for a period of one year from date of final acceptance and correct any and .all defects or deficiencies arising durin said period as a result of~the acts or omissions of Subdivider, its a ents or employees in the performance of this agreement, and that upon cceptance of the work by City, Subdivider shall grant to City, by appro riate conveyance, the improvements constructed pursuant to this agree ent; provided; however, that said acceptance shall not constitute a wai er of defects by City as set forth hereinabove. 13. It is understood and agreed that City, or any officer or emplo ee thereof, shall not be liable for any injury to person or property occas oned by reason of the acts or omissions of Subdivider, its agents or em loyees, in the performance of this agreement. Subdivider further agree to protect and hold harmless City, its officers and employees, from ny and all claims, demands, causes of action, liability or loss of an sort, because of or arising out of acts or omissions of Subdivider, its a ents or employees, in the performance of this agreement; provided, howev r, that the approved impravement security shall not be required to co er the provisions of this paragraph. Said indemnification and agree ent to hold harmless shall extend to damages or taking of property resul ing from the construction of said subdivision and the public impro ements as provided herein, to adjacent property owners as a con- seque ce of the diversion of waters in the construction and maintenance of dr inage systems and shall not constitute the assumption by City of any r sponsibility for such damage or taking, nor shall City, by said appro al, be an insurer or surety for the construction of the subdivision pursu nt to said approved improvement plans. 14. In the event that suit is brought upon this contract by City o enforce the terms hereof, City shall be entitled to a reasonable sum a attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment o be executed the day and year first hereinabove set forth. THE C TY OF CHULA VISTA SUBDIVIDER: PARDEE CONSTRUCTION COMPANY f ~, ~ "'~ Mayor the City of C u V'st~ BY. Russell R. Of r' Vice President _~ -City Clerk BY3 Susan M. Bell, A.sststant Secretary Appro ed as to T--"T~ ,~ Attach Notary Acknowledgment here. ~ i f ~_ ~ /~` City Attorney '" - 3 - ~ t945 CA (0-74) J~ TITIE INSURANCE J AND TRUST STATE OF CALIFORNIA 1 ATICOR COMPANY COUNTY OF ,~ On before me, the undersigned, a Notary Public in and for said j . State, personally appeared V t C ~ '' ". t ( " President, known to me to be the `~' ' ' ~ Secretar known to me to be Y of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature i~Q9 :~i,.lrc-' .. i' ~, ~. L ~. 1 Q~: \ . 1. I ~! ~ ,d ~.;' I? :~; i ~ _. i _;ii~Y (V1y C~ cr ~_~ ;: t~ 1, 1~3' i -~=~~- r a--:-„~ v--° ~~~w wr~~=vim (This area for official notarial seal) LIST OF EXHIBITS ~t ..A.. Exhiblit "B" Exhibit "C" Improvement Security - Faithful Performance: Form:' Bond Amount: ~ $488,000.00 Improvement Security - Material and Labor: Form: Bond Amount: $488,000.00 Improvement Security - Monuments: Form: Bond Amount: $20,000.00 Securities approved a~ orm nd amount by .-~' \/ City Attorney 'TT lent Completion Date: Two years from date of Council approval of the Subdivision Improvement Agreement 4 99' C E R T I F I C A T E T e undersigned hereby certifies. that he is the duly elected and acting Secretary of Pardee Construction Company, A California Corporation, and that he is the c stodian of the Minute Book ar.~d records of said corporation; and that as appears b said Minute Book and records, the duly elected officers of said corporation a e as follows: Senior Executive Vice President, and Chairman of the Board: George M. Pardee, Jr. President: J . Douglas Pardee Senior Vice President: Hoyt S. Pardee Executive Vice President: David E. Landon Vice President, Secretary, and Treasurer: Nati~aniel A . Margolin Senior Vice Presidents: Vance T. Meyer Thomas G . Price Vice Presidents: L . L . Antonello Ray C . Brownfiel d Leonard S. Frank J.J. Keeshan David K . Lyman Russell R. Ofria W.D. Regen, Jr. Assistant Vice Presidents: Wafter R. Browder C . S. DeLette Gail Deschamps Theodore Martin Kollar Roland W. Trede M . D . Madigan Assistant Secretaries: Kathryn Allen Susan M . Bell Patricia Donahue Maxir ,e Furbass Sylvia Genovy Tom Jensen ;'vlary Litvinoff Neil P. Wissing nd that as further appears by skid Minute Book and records, George M. Pardee, Jr. , . Douglas Pardee or Hoyt S. Pardee, any one acting alone, or any Executive ice President, Sr. Vice President, or Vice President, acting together with ny one remaining officer is authorized and empowered to execute any and all nstruments relat~.ng to the business affairs of said corporation, including, but of limited to, agreements, contracts, notes, deeds or trust, subdivision and/or arcel maps, bonds, and deeds pf conveyance. 23 da of January 9 -79 at. Los Angeles, California, this y Nathaniel A. Marg~ Vice President, Secretary, and Treasurer PARDEE CONSTRUCTION COMPANY, A California Corporation ~~~, ~~~~~~ G}I(11dT Oh' E/1:>}'.h1LNT - 1.OR DI~AINAGF, PUI~I'U,~ES F R A V/1LUABLE COtdSIDERATIOi!], receipt of which is hereby acknow- ledge the undersigned do/does hereby grant to the City of Chula Vista, • in th County of San Diego, State of California, an easement and ri~;itt- of-wa for, and the right to co>,nstruct, maintain, operate, replace, r_~- move, or enlarge a drain sewer and appurtenant structures in, upon, over and a ross that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularl~• descr bed as follows: All that portion of Quarter Section 63 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 in the office of the County Recorder of San Diego County, I~fay 11, 1869, being a strip of land 10.00 feet in width lying 5.010 feet on each side of the following described centerline. Beginning at the Southeast corner of said Quarter Section 63; thence along the Southerly line of Said Quarter Section 63, South 72°10'08" 4Jest a distance of 658.97 felt to the 4Jesterly line of the Southeast One Quarter of the Southeast One Quarter of said Quarter Section 63; thence along said Westerly fine North 17°52'27" West a distance of 816.83 feet; thence South 81'°09'00" 4Jest a distance of 92.84 feet to the TRUE POINT OF BEGINNING; thence South 61°15'00" East a distance of 31.00 feet to the Southeasterly terminus. Side lines of said strip of land shall be shortened 'or lengthened to terminate on a line which bears f•Jorth 81°09'00" East through the TRUE POINT OF BEGINNING, and on a line ~rhich bears North 27°24'24" West through the Southeasterly terminus of the last above described course. toge her Vrith the right to entdr upon and to pass and repass over and alon said easement and right-af-way and to deposit tools, implements and ther materials thereon by said City of Chula Vista, its officers, agen s and employees awheneveryandnwherever necessarysfordtheppurposes enga ed by said City, abov set forth: Dated February 12, 1979 EL RANCHO DEL REY a California c-or= ~ra+-; r,n -- STATE O CALIFORNIq ~ COUNTY OF .Sari Diego ~~ On before State, F known known the cor tome behalf that sv~ iu by-1 WITNE ~~ignatu e, the undersigned, a Notary Public in and fot said ~sonally appeared Carmen R. Pasqudle aY Lret-~-„~o- e President ay Vice, Pies: ~n 525~Si'_~'tststSasasast4tstst ~ ~ ~ me to be the V1Ce President, and OFFICIAL SEAL , `' ,~._ ,~ ~ i y /, ,ouis S. Cohen BETTE A. TEMPLE `` me to be the V1Ce President ~~~>~~ Of t~ `~'°~ NOTARY P;;QLtC CAUFORNtA ~ ~ ~ xation that executed the within instrument, and known L, ~;. / PRINCIPAL OFFICE IN r be the persons who executed the within instrument on C„) ''y'' SAM DIEGO COON 982 ' the corporation therein named, and acknowledged to me °41t My Commission Expires Ju)y 2, ~ , I corporation executed the within instrument pursuant to ~C~StS7s%StSts?5?~~S~,~'Z5",S~~r,~57S7574ti757. vs or a resolution of iu board of directors. 5 my h~d and official/'seat. „~~ ~ ~ ~ ~u-~~ (This area for official notarial seal) /02.. 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