HomeMy WebLinkAboutReso 1977-8547Form Noo 322
Rev. 8-67
RESOLUTION N0~ 854.7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM
THE SWEETWATER COMMUNITY COLLEGE DISTRICT FOR A
HORTICULTURE GARDEN PARK
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain grant of
real property, made by grant deed executed by THE SWEETWATER COMMUNITY
COLLEGE DISTRICT 19~~ to the CITY OF
dated the 17th day of March
CHULA VISTA, a copy of which is attached hereto and by this reference
made a part hereof, the same as though fully set forth hereinrant nd
the same is hereby accepted by the City of Chula Vista as a g
fee.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and she is hereby directed to record said document
in the office of the San Diego County Recorder.
Presented by Approved as to_for~n by
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Emerson Hall, Director of Parks & Georgc~D. Lindberg, City At"Ldrney
Recreation
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OFbCHthe
1977 Y
da o
VISTAF CALIFORNIA, this 22nd y f March
following vote, to-wit:
AYES: Councilmen Scott, E dahl, H de Cox
NAPES: Councilmen None
ABSENT: Councilmen Hobel
G.
Mayor o the City of Chula Vista
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City.Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss~
CITY OF CHULA VISTA )
City Clerk of the City of Chula
I
Vista, California, DO HEREBY CERTIFY ,
thatandethatvthessameuhas notebeea
correct copy of Resolution Noo
amended or repealed. DATED
City Clerk
GRANT DEED
The Sweetwater Community College District of San Diego County, California, fer
valuable consideration does hereby grant to the City of Chula Vista that certain real
property situated in the City of Chula Vista, County of San Diego, State of California,
as more particularly described as follows:
Parcel 2 of Parcel Map 5481 on file in the office of the San
Diego County Recorder.
The property conveyed herein shall be used for a Horticulture Garden Park purposes
only and that it is understood and stipulated that whenever said property is not used
for a Horticulture Garden Park purposes the said property shall revert back to the
Sweetwater Community College District or its successor.
Dated Larch 17, 1977.
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STATE OF CALIFORNIA)
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COUNTY OF SAN DIEGO)
Sweetwater Community College District of
San Diego County, California
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~President,aGoverning Board
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On the 17th day of March, 1977, before me Eleanor F. Coates, a notary public in
and for said County and State, residing therein, duly commissioned and sworn, personally
appeared G. G. Browning, known to me to be the President of the Governing Board of the
school district that executed the within instrument and acknowledged to me that such
school district executed the same, pursuant to a resolution of said Governing Board.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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OFFICIAL SEAL
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My Commission Expires June 20, 1977
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Notary Public in and for the County o_* San Diego,
State of California.
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RESULUTION NO. 539
RESOLUTION RE CGNVEYANCE OF REAL )
PROPERTY OWNED BY TILE S~VEETWA'tER)
CC}MMUNITY COLLEGE DIS'1-RICT TO THE )
CITY OF CHULA VLSTA . . . . . .. )
Moved by Blank ,seconded by Griffith the folto~~i ng resolution is adopted:
WHEREAS, t1~is board on December 9, 1976, adopted its resolution with respect to the conveyance of certain real
property therein described to the City of Chula Vista upon the terms and conditions more particularly set forth in said resol-
ution; and
WHEREAS, said resolution provided that a public meeting of this board be held at its regular place of meeting, to wit:
Room 801, Soutli~vestern College, 900 Otay Lakes Road, Chula Vista, California
on January 6, 1977, at 7:30 p. m, at which time and place any person desiring to protest said conveyance could appear and be
heard; and
WHEREAS, notice of the adoption cf said resolution was duly given as provided by law, all of which appears by the affidavit
of publication on file in the office of this board. NOZV TI-IEREFORE
BE IT RESOLVED that the President of this board be and is hereby authc~ ized and directed to execute a grant deed to the
property described in said resolution to the City of Chula Vista according to the terms and conditions mentioned above and set
forth iu the aforesaid resolution.
PASSED AND ADOPTED by the Governing Board of the Sweetwater Community College District of San Diego County,
California, this 6th day of January, 1977, by the following vote:
AYES: A4embers Blank, Browning, Frazer, Griffith, Lassman
NOES: 1`TOne
ABSEN'T': None
STATE OF CALIFORNIA)
)ss
COUNTI' OF Sr1N DIEGO)
1, Chester S. DeVore, Secretary of the Governing Board of the Sweerivater Community College District of San Diego Courny,
California, do hereby certify that the foregoing is a true copy of a resolution adopted by said Board at a regular meeting thereof
held at its .regular place of meeting at the time and by the vote above stated, which resolution is on file in the office of said Board.
Secretary to the Governing Board
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J`a~ESTERh Cp(!
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SOUTHWESTERN
COLLEGE
900 Otay Lakes Road / Chula Vista, California 92010
22 April 1977
Mrs. Jennie M. Fulasz
City Clerk, City of Chula Vista
P.O. Box 1087
Chula Vista, CA 92012
Dear Mrs. Fulasz:
Phone 420-1080
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You recently forwarded to us a copy of the City Council of the City of
Chula Vista Resolution No. 8547 which accepted a grant of real property
made by the Sweetwater Community College District. Attached as part of
that City Council Resolution is the Sweetwater Community College District
Governing Board Resolution No. 539 adopted on 6 January 1977.
It is to be noted that Sweetwater Community College District Governing
Board Resolution No. 537 adopted on 9 December 1976 is, in effect, an
integral part of Resolution No. 539 and should be attached together with
it to the City Council Resolution No. 8547. This Governing Board
Resolution No. 537 was forwarded to the City Council together with the
Grant Deed of 17 March 1977 and Board Resolution No. 539.
Enclosed please find a copy of the District Governing Board Resolution
No. 537. I would appreciate your attaching it to City Resolution No. 8547
in order to make the record complete.
Please call me if I can be of further assistance in this matter.
Sincerely,
Chester S. DeVore
Superintendent/President
CSD:dbg
Copy to: Mayor Will T. Hyde
Sweetwater Community College District. A Community College serving Bonita, Chula Vista, Imperial Beach, Lincoln Acres,
National City, Nestor, Otay, Palm City, San Ysidro and Sunnyside.
RESOLUTION NO, 537
RESOLUTION OP lNi f?NT10N TO CONVEY )
REAL pRC)Pf~.R'il' c~wnr•,n nY ~lln: >
$1YEE'itiVATGR CO~i~IUNiTY CnLLEGE DISTRICT)
TO TiiE CCCY OP CI IU[,A VISTA ~
(Education Codc Sections 16201-16205) . .)
Qt motion of Aiember Crif[ith ,seconded by T\4embcr Blank ,the following resolution is ndoli ed:
WHEREAS, the Sweetwater Community College District of San Diego County, California, to the owner of the hcrelnnftcr dcscrilictt
=cal property: ,
(see attached map)
-WHEREAS, in the judgtnent of this board said real property is not and will not at the time of delivery of title or possession be nee<icd
for school classroom buildings by said district and it is in the best public interest that said real property be conveyed to the Cityot Cttuta
Vista. NOW, THEREFORE
~ ~ BE TT RESOLVED by the Governing Board of the Sweetwater Community College District of San Diego County, California:
4Ttat pursuant to Sections 16201 Lo 16205, inclusive, of the Education Code of the State of California this board hereby finds chit the
above described real property owned by Bald district is not and will not at the time of the delivery of title or possession be needed for school
Classroom buildings by the district.
BE 1T FURTHER RESOLVED that this board hereby declares its intention to convey said real property and will convey title thereto
by grant deed to City of Chula Vista under the following terms and conditions:
], Facilities to he Constructed: City shall construct, [n accordance with the terms and conditions of the Joint Powers Acrecment,
a botanical garden which shall consist of an area of rolling terrain with a variety of slopes, a wide variety of plants and acces.~ by
nature trails. The facilities and plan[ materials shall be desi~med and developed into an aesthetic whole by a Landscape ArchRect
and all plants shall be properly identified. There shall be a building to house maintenance needs, a museum, and rest room neccis.
'Chere shall be an outdoor demonstration and lecture platform with seating capacity for 100 people, including audio-visual facilities.
'Mere shall be parking for a minimum of 100 cars.
3. Location of°acllities; Tie location of all facilities of the Chula Vista l3efanieal Gardens shall be on the Southwevterntc,~ll','c/~
• Campus on that area more particularly described in Exhibit "A" to the iolnt kbwers Acre ~'~en~, 8eiggpan a'ea of apM pivl=inn 12.
iCre9. College District agrees to initiate proceeciinfis pursuant to Article b, commencin at ara~t'a I~ 16_()11 Ciia cr 'l,
Part 3 of the Education Code with intent to convey the above described real property to the Clty In fee simple tleterminahle with the
College District retaininc a possibility of reverter in event that (I) the City does not proceed with the development of a l;ntanicai
Garden within 5 years from date of execution of this agrcen:ent, and f2) the City uses said property, or anv part thcrcoi, f~~r anv
putpoee not directly related to the development, maintenance and operation of a botanical garden. [[ a condition subsequent prnvlded
herein is defeated by the non-performance of any eondicion, the Ctty a{,~rees to immediately reconvey the property to the Culle~;c
District, by grant, duly acknowledged for record and to accordance with Civil Codc Section 1109.
S, Soils Test: City shall provide all necessary eons test and required uttUtles to the site.
4, Ftnancing:_ City ngrees to pay the full costs of the construction of sold hotanlcal gardens to !x ~ln~nced with fundspn Ileac Ic~n for
1rOrt a gran[ under the Local ltihiic Works Capital Dcveiopmcnt and invcstmcnt Procram of 1976. C(t a rocs to mnkc a 1
said grant monies In the total amount of bt;13,910, and assumes full costs for such nppilcatton,
S, Seleetten of Architect and Architect's fh'awlnes: A Landscape Architect shall he selected by the Ctty. Preilrnlnary project p1an~
Of erchltect'e drawings, lnclu<ling plant materials, sciremattce and cost estirttates, shall be subject to approval jointly by t-tty +'n`i
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Collc}Ic nlstrtct. Plnal working drnwhcGs required for construction ahnll also he subject to etlch joint approval and tltiC t0 eaW
draw[ngn shall he vested In Clty, with as-lwllt pions to he furnlshetl to Colle{,•e hlstrict for urchltecturul reference.
6, Constructlun Rids: Upon complctlon of the prcltminnry plnnv and the slGnlnG of a joint powers nGrcement for cosemente, City
shall odvertisc fur furnu:l olds, In accurd;mcc with the provisions of the (~hnrtoz of the Clty of ('hula Vlstxt, unit nil bids shall tic
lufi)ect to the nppruval of Cltt•, pravidrd, however, that Colle{;e Ulstrlct shat! be accorded the opportunity to review anti comment
Upon Mds as received Prior to the award of contrnct by Clty.
~, Achntnistratton of contrnct: City shall he solely responsible for the admintstrntton of the contrnct for the consttvctlon of the
Chula Vista l:otanlcnl (~::rilens, and for the interprc[attnn of the provisions of the contract, continued Inspection of the tcork In prugress
and any other elements of the supervision of the work to he performed pursuant to the contract. Progress payments and construction
COSts, including inspection fees shall be paid in accordance with the direction of the Clty of Chula Vista.
$, Change Orders: Any change orders or extras «'hlch may he requested during tic course of cohstAUtion shall he subject to the
approval of Clty, and shall Ix administered by the City: provttfed, however, the College District shall receive nutiticatktn prior to
laid approval for the purpose of determining whether such change orders or extras would affect the scope of the project so ns to chanGc
the Commitment of College District.
9, insurance - Flold harmless: Throughout the construction period, the City shall provide adequate liability insurance In the sum
01 S5, 000, 0(lll. 00 blanl:ct coverage for personal iniury and $50, 00(1.00 for damage to personal property, and shall name the College as
Co-insured in said policies. City s :all pay a•^.y and nil claims arising as a result of thc•eonstruction of said facilities.
10, Acceptance of 1Vork: City shall perform final inspection of said facilities, and shall accept tits finished work of Bald (acilitics
by resolution of the City Council, provided, however, that College District must give prior approval of the completed work and
authorize said acceptance.
11. Termination prior to Acceptance: The Joint Powers Agreement, after award of contract, may be terminated prior to tlnal
acceptance of the completed facility only by mutual consent of all parties. •
12. Future Joint Use and Operation of Facilities: It is understood by the City of Chula Vista and the Sweetwater Community College
•jp[strlct that all expenses relating to the future use, maintenance, and operation of said facilit[es shall be paid solely by the City,
except that the District will agree to certain operational and maintenance costs related to District use, but that the teens and con-
d[ttons governing use of said facilities by students and faculty of the College District as well as by the public generally shall be
mutually agreed upon in the future by these parties and embodied in a written amendment to the joint Powers Agreement.
BE IT FURTHER RESOLVED that a public meeting of this board be held at its regular which time and place any per on desiring to str_rn
College, 900 Otay Lakes Road, Chula Vista, on the 6th day of January, 1977, at 7:30 p. m. ,
protest said conveyance may appear and be heard.
BE T!' FURTlIER RESOLVED that notice of the adoption of this resolution and of the time and place of holding the said public tneetlctG
described above shall be Given by publishing a notice, a copy of which is appended hereto marked '•Exhihit A", once a week for three successive
peeks before the meeting in the Chula Vista Star-`ews, a newspaper of general circulation published in the district.
1N WITNESS OF THE PASSAGE of the foregoinG resolution in the form prescribed by taw, we, [he members of the said Board present
and voting thereon, have hereunto set our hands this 9th day of December, 1976.
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MCmlxrs of he GovcrnlnG Ibard of the tiwccrn'atcr
Communty College District of San UIc6ro Gwnty,
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