HomeMy WebLinkAboutReso 1988-13548 RESOLUTION NO. 13548
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY PER DOCUMENT NUMBER
85-115882 RECORDED APRIL 4, 1985 AND AS SHOWN
ON PARCEL MAP 15164, LOCATED AT THE SOUTHWEST
CORNER OF THIRD AVENUE AND ORANGE AVENUE,
DEDICATING SAID REAL PROPERTY FOR PUBLIC USE
AND OFFICIALLY NAMING SAID PROPERTY "THIRD
AVENUE" AND "ORANGE AVENUE"
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on March 19, 1985, the University of Minnesota
Foundation, as owner; and David Malcolm and Darmor, a general
partnership, as lessees; and Orange Glen Joint Venture, as
sublessee made an Irrevocable Offer to Dedicate Real Property for
"Public Highway" purposes, and
WHEREAS, the document granting said offer was recorded
on April 4, 1985 and is now before Council for acceptance
pursuant to Section 7050 of the Government Code of the State of
California, and
WHEREAS, public improvements were recently installed in
the subject property and have been accepted and it is now
appropriate to accept said offer of dedication.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept and dedicate that
certain Irrevocable Offer to Dedicate Real Property for street
purposes, executed by University of Minnesota Foundation, as
Owner; and David Malcolm and DARMOR, a General Partnership as
Lessees; and Orange Glen Joint Venture, as Sublessee, and
recorded in the office of the San Diego County Recorder as Book
No. 1985, File/Page No. 85-115882 on April 4, 1985.
BE IT FURTHER RESOLVED that said property is officially
named "THIRD AVENUE" and "ORANGE AVENUE"
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby authorized and directed to record this resolution in
the office of the San Diego County Recorder.
Presented by Approved as to form by
oV
J ~n P. LipDitt, Director of ty
_ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,,HULA VISTA, CALIFORNIA, this 3rd day of MaT
19 88 , by the following vote, to-wit:
AYES: Councilmembers Cox, Moore, McCandliss, Nader
NAYES: Council members None
ABSTAIN: Counci linetubers None
ABSENT: Counc i 1 members Malcolm
.ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13548 ,ond thor the some hos not been omended or repeoled.
DATED
City Clerk
CRTY OF
CHULA VISTA
CC-660
~, iEN. RECORDED, PLEASE MAIL
.~I~,.'NSTRUMENT TO: 85-'115~82
Clerk. Board of Supe~so¢~
San D~e~ County Administration Cen~r ~ ~,
16~ Pacific Highway
RECORDED PEQLj::T OF
DEPT. GENERA~ 5~RV[CE5 I .......
NO TRANSFER TAX DUE
SPACE AgOVE FOR RECORDER'S USE ONLY
Irrevocoble OHer To Dealcote Reol Proper~
~o 623-C30-05 W.O. No T'~ 2472
Parcel NO.
Log No. 971
UNIVERSITY OF MINNESOTA FOUNDATION, as Owner; and
3AVID lt',LCOL!l..and DARMOR,a Genera] Partnershia as Lessees~ and
II gRANGE GLEN JOi~lT VENTURE~ as Sublessee
hereinafter designated Grantor(s), represent that they are the o~er(s) of the here~nafter de~ri~ real
Drope~y, and for a valuable consideration h~eby make~) an Irr~ocable Offer of Dedication of the hereinaftet des-
cribed real pro~y for the following Dublic pu~:
PUBLIC HIGHWAY
The real pro~er~ referred tO able is si~at~ in ~e unin~rporated area of the County of San Diego, State of Californil,
and is more particularly de~ri~ as follo~;
Parcel No. 85-0008-A {l-8-85) ~T~F:jA:etm)
Those portions of LOt "A" of Olsen's Resubdivision in the County of San Diego, State of
California, according to Map thereof No. 1629 on file in the Recorder's Office of said
County described as follows:
BEGI:~N[NG at th~ Northwest corner of Lo~ "A"; thence Southerly along the Westerly line
thereof to a ~ine that is 77.00 feet Southerly of and p~rallel w~th the her~herly line
of said Lot "A"; thence Sou~heaster}y along said parallel line to the Westerly line Of
that right-of-way line described in Parcel A of deed to the County of San Oiego recorded
August 25, 1961 in Sa~d Recorder's Office at Fileh~age NO. ~49157, and the POINT OF
TERMINUS.
Excepting therefrom that portion described ~n deed to the County ~f San Diego, recorded
May 2~, 1983 as File/Page No. 83-17263~ in the Office of said County ~ecorder.
TOGETHER with that p~rtion lying 12.00 feet ~.lesterly of the Westerly ri jilt-of-way line
conveyed to the County of San Diego in deed recorded r,lay 2g, 1928 in B~ok 1485, Page 314
Of deed in the Office of said County R~corder, and lying Northerly ~f the following
described line:
~ '~' ' THELMA C 'FORD /
' N~ (Typed Or Printed) :
.. 1976
Parc_~el No. 85-0008-A (Cont.)
BEGINNING at a point which bears North 03°48'18,, West, 281.ZO Feet from the most Southerly
corner of Lot 15 in Quarter Section lIB of Chula Vista, being a Subdivision of a portion
of Rancho de La Nacion, in the County oF San Dfego, State Of California, according to
Map thereof NO. 505, filed in the Office of :he County Recorder of San Diego County;
thence from said point of beginning North 83°16,45. West, 1067.92 feet; thence South
74°35'30'' ~est 1614.85 feet; thence North 89"39'05" Nest, 429.45 feet to a point on the
NestarTy ?ine of Section 14, Township 18 South, Range 2 West, San Bernardino Base and
Meridian distant thereon North 00°18'25,, East, 945.80 feet from the Southwest corner of
said Section 14.
Excepting therefrom the t portion lying within the easement for Public Highway Purposes
granted to the County of San Diego recorded ~ugust 25, Jg61 at File/Page No. 149157 in
the Recorder's Office of said County.
AND TOGETHER with that portion of Lot "A" lying Northeasterly of a 20.00 foot radius
curve, concave Southeasterly, said Curve being ~angenC to both said line that is 77.00
feet Southerly Of and Parallel with the Northerly line of Lot "A"-ANO to said line that
is 12.00 feet Westerly of the Westerly right-of-way line, according to said deed recorded
in 8ook 1485, Page 314 of deeds,
~essees have joined in the execution of this Irrevocable Offer of Dedication to release
their known and unknown interests in the property described tierein, being conveyed to
the County of San Diego; in order for the County of San Diego to have use of the herein
described real property For Public Highways unencumbered by known or unknown interests
which evolve from Lease Assignment Document No. 78-556364, recorded December 28, ~gZB.
Tt, e G*rantor hereby tunher offers to the County of San Diego the privilege and right to extend drainage structures
and excavation anc~ embankment slopes beyond the limits of the herein described right-of-way where required for the
construction anti maintenance of said County Highway. RESERVING unto gr~qtor of the above described parcel of
:and, his successors or a~signs, the right to eliminlte such slope~ and/or drainlge structures or portions thereof, when in
the ~vritten opinion of the County and/or District Engineer of Grantee, the necessity therefore is removed by substi-
tuting other protection, support and/or drainage facility, provided such substitution is tint epprowd in writing by said
Engineer(s).
The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building
materials within saLd right-of-way. including the right to take water, together with the right to use the same in ~uch
manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruc-
tion. improvement or maintenance of said highway.
The Grantor. for himself. his successorS end assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right-of.way hereby conveyed by reason of the location, construction, land-
Thss Offer of Dedication is made Dunu~mt to Section 705~0 of the Government Code of the State of California and may
be accepted at aey time by the city council of the city within which such real proOer~y is Iotaled at tile Hme ot acted.
tance or. if located in the unincorporaled tetrltory. by the Board of Supervisors of the County of San Diego.
This Offer of Dedication may be terminated ~nd the right to ~cept ~jch offer abandoned in the ~ame manner as is
prascribed for the vm:ation of sireeta or highways by Pan 3 of Division 9 or Chapter 2 of Division 2 of Streets and
Hi(JhwaVs Code of the Stale of California. whichever is applicable. Such termination and abandonment may be made
by the city council of the city within which ~uch real proDer~y is located, or if located in the ur,.ncorporated territory~,
by the Board of Super'visors of the Counh' of San Diego.
This Offer of Dedication shall be ;rrevocable and s~all be binding on the Grantor(s) . t;he i r heirs, executors.
In Wimea Whereof. the Grantor(s) have ... caused thrs rrrevocabte Offer of Dedication to be executed
this 19th . day of NarCh 19~..~5.
'/ice President ~1'~ E ecutive Director
STATE GF
On 19__ before me, me undersigned, i Notary Public in and for said County
~Jtnow)edgKI that executed the same.
, . , March ,n ,,e v.r .1 9_~? .hd ...... ~he u.de.igned.
ship and said partnership execuL=u
Venture and said J~ ins Venture executed the sam~e.
· RD '
THELMA C. FO
WITNESS my hand and SeaT-
Signature --~-/,/~' ~'
~ N~e (Typed Or Hrinte~)
I ~,
.............. 19/tl
'.." 1979
This Offer of Dedication is made pursuant to Section 70~_D of the Government Code of the State of Califofnll and may
be accepted at any time by the city council ol' the ci;y within which ~ch reel property is located at the time of accep-
tanct or, if located in the unmcofporated territory, by the Board of Supervisors of the County of San Diego.
This Offer of Omdcation may be terminated and the right to accept ~jch offer abandoned in the same manner as is
prescribed for ~e vacation of ,;treats or highways by P,lrt 3 Qf DiviSion 9 or Chapter 2 of Division 2 of Streets and
Highways Code of the State of California, whichever is apOllcable. Such termination and abandonment may be made
by the cily council of the city within which such real propertY/ii IoGlted, or if located in the unincori3orated territory,
by the Board of Supervisors of the County of San Diego.
This Offer of Dedication shall be irrevocable and mall be binding on the Grantor(s). their heirs, executors,
adminislraton, SUCCesSOrs and a~ignL
DAVID MALCOLN, Less~/e
ANG G N JOINT NT R
· ~" 8: DAVID MALCOLM ~ . .
· ':xj //L: Z~ ~.z/L ' By: DARMOR GENERAL PARTNERSI!IP ' _
By: DOUGLAS K. 'BRUNDAGE, partner By: ROBERT C. SP__RIGGS, partner
STATE OF AS
County of______ / SS.
On__ 19__before me. th~ undersigned. a Notary Publ~c ~n md for ~id County
and State. penonelly
known to me to bmm th~ ~sonjofmm name. ~jbscribed to tt)e within jnfwurnent. and
acknowledged thmt~axecumd me samraw.
Wlmm my hind ~ official saeL
Notary Public in end for ~id County and State
I cartiff on behalf of fie Board of Supervisors of the Counh, of San Oieqo pursuant to authority c~nferrld by Resolu-
tion o~; said Board edc~)ted on March 20, 1979, that the County of San Diqo consanU to the making of the foregoing
lrr,ev~ble Offer and co~mnts to recordation thereof by its duly authorized officer.
FRANK C, OEMLING, Chief
Real Prcpedv M3n~^mcr. t Division
.epartr. mnt ol General Services
WITNESS my hand and seal. THELMA C. FORD'
· heZma C. ford '(~'T~
ame ype Or r n e &~:'.
-' ..,,- 1979
'This Offer ot Dedication is reeds pursuefit to Section 7C~,,;~ of the Governmires Code of the State of California ~d may
t~ ~pt~ at ~y time by ~e ci~ cou~il of The c ~y within which ~ch reel pro~ is I~at~ 8t (he time of ~eO-
tance or, if l~ted in the unincorporat~ te~ito~, by the Board of ~pe~i~rs of the Counw of ~n Oi~.
This Offer of D~ication may ~ Termmct~ and ~e tight to ~t m~ off~ aband~ in the ~me m~ner ~s is
pr~ri~ for ~e v~ation of ~r~s or highways by Ita~ 3 of Division 9 or Ch~ 2 of Division 2 of S~r~ts and
14~wsVs C~ of the Sta~e of California. whichwe¢ is appl;~ble. Such le~inati~ a~ ab~d~m~t may ~ m~e
by the B~d of Superior of the Coun~ of San O~e~9,
'his Offer of D~i~tion mall ~ irritable and ~all ~ b~nding on the Grantor(s)_ ~he~r heirs, ex~utof$,
In Wimea ~of, the Gra lot(s) h;~v~__cau~d th~s trrwo~ble Offer of O~i~tion to ~ ex~u~
this 19th V of ~~qrc~ 19J~
STATE OF CALIFORNIA * ' 1980 ~ ~.
COUNTY OF San ~~ [
C J CounW
I~ WITNE~ mv ha~ and official seal ~'A "~% I ~iE '. ~JA C ~)+~T~
FP^NK C DEMLING, Chief
On · " ' , lg ' , before me, the undersigned, a Notary Public in and for
said CouF~ty ~d ~ pers~ily appeared ' · .-.,.
proved to me on the ~ of ~ctory evidence, to be the ~ whose name'li~
is (are) subscribed to the within in,~trument and acknowledged that _he_. executed the same.
WITNESS my hand and official seal.
Signature
N~e ~ or Prin~
STATE OF
' ' County of~} SS.
, ~lly ap~ared Stephen W. Roszell
p~ved to ~ on the basis of $atiifactory~nce to be the V~ce res~ ent xecuti've Dir.
and Ro~rt J. Odegard proved to ~ on the hasis
of s~o be the en~r ~ce res~ en , ~spectively, of
. the Corporation that executed the w~rumnt and acknowled)d to ~ that such
Corporation executed the within inStr~ent punuant to its by-laws or a ~solution of
its Board of ~cto~.
WITNESS my hand and official seal,
STATE OF California
C~N~ OF San Diego ) SS
fore:' r . me, the undersigned, a floury Public in and
__ , and ~ ~ me on the ~sis of satisfactory
evidence to ~ t ~rson s who execut~ t~ within instruant as ~r
of the ~nt Venturers of the ~lnt Venture that executed t~ within instrument,
and acknowledged to ~ t~t such Joint Venture ex~uted the
S i g na tu re ~ '" ~ ~ T~
~ , ~d or Pr nted
On ~ar~ i~, 1965 m before me, the understgned~ a Notary Public tn
par fng
~oved tO ~ on the basis of satisfactory evidence to ~ one of the ~tnt Venturers of
the Joint Venture that executed the within instr~nt and ackn~ledged to ~ that hey
WITNESS my hand and ~eal. .~ ~~
Signature / "