HomeMy WebLinkAboutReso 1988-13767 1233
RESOLUTION NO. 13767
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING QUITCLAIM DEED FOR OTAY
LAKES ROAD WIDENING RIGHT-OF-WAY ALONG WITH
EASEMENTS FOR ASSOCIATED DRAINAGE WORKS AND
CLEAR SPACE, AND APPROVING INDEMNITY AGREEMENT
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 by the City Council of
the City of Chula Vista that that certain Quitclaim Deed for the
Otay Lakes Road widening right-of-way along with easements for
associated drainage works and clear space, executed by Otay Lakes
Lodge, Inc., dated the 23rd day of August, 1988, a copy of which
is attached hereto and by this reference made a part hereof as
though fully set forth herein, be and the same is hereby accepted
by the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
~e. cord said Quitclaim Deed in the office of the San Diego County
zorder.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve that certain Indemnity
Agreement between the City of Chula Vista and EastLake
Development Company, dated the 6th day of August, 1988, a copy
of which is attached hereto and incorporated herein by reference
as if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Indemnity Agreement for and on behalf of the City of
Chula Vista.
Works of ThOmas 5~'. ~ City
4525a \.,
1234
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
HUL,-, VISTA, CALIFORNIA, this 6th do), of September . ,,
~ 88 , by the following vote, to-wit:
YES' Councilmembers McCandliss, Nader, Malcolm, Cox, Moore
AYES: Council members None
BSTAIN: Council members None
BSENT: Council members None
/~f the City of Chulo Visto
'ATE OF CAUFORNIA )
)UNTY OF SAN DIEGO ) ss.
FY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13767 ,ond thor the some hos not been omended or repeoled
8~-,168772
ECORDED iN
~ c~ o~ ~ ~ ~ 1988SEP 13 AMS=~
276 F~
COUNR REC0RD~
L ~ NO FEE
SPACE ABOVE THIS LINE FOR RECORDER'S USE __
SA~ AS A~
Coloration Q~tclMm Deed
FOR A VALUABLE CONSIDERATION, r~eipt oi wMch is hereby
a corporation organiz~ under t~e laws oJ ~e stsle ol C~O~
he~b~ BEMISBS, ~EL~S~ AND QUITC~IMS to
THE CITY OF CHULA VISTA, a municipal corporation
the following d~cri~d tea[ property in the City of Chula Vista
County of SRn D~e~o , State of California:
as set forth on tile attached Exhibit "A" hereby made a part hereof
ht Witness Whereof, said corporation has caused its corporate name and sea[ to be affixed hereto and this instru-
ment to be executed by its~__ President and Assi_~t-ant Secretary
thereunto duly authorized.
Dated: Auqust 2~3t 1988 OTAY LAKES LODGE, IN~.
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1232
ORDER NO. 965968-15
E~IBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF SOUTHWESTEP_N COLLRGE ESTATES UNIT NO. 7, IN THE CITY
OF CMULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 6990, FILED IN THE OFFICE OF ~ CODlqTY RECORDER
OF SAN DIEGO COUNTY, JULY 20, 1971, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTM~TEST CORNER OF SECTION 34, TOWNSHIP 17 SOUTH,
RANGE I WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON SAID ~ NO. 6990;
THENCE ALONG THE WESTERLY LINE OF SAID SECTION 34, NORTH 00'01'13"
WEST, 68.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
WESTERLY LINE NORTH 89'35'49" WEST, 174.73 FEET; THENCE NORTH
82'59'56" EAST, 75.25 FEET TO THE BEGINNING OF A TANGENT 1933.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'S9'53", A DISTANCE OF
101.15 FEET TO A POINT ON SAID WESTERLY LINE OF SECTION 34
HEREINAFTER DESIGNATED AS POINT "C"; THENCE ALONG SAID WESTERLY LINE
SOUTH 00'01'13" EAST, 25.35 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF LOT 598 OF SOUTHWESTERN COtT.RGE ESTATES
UNIT NO. 7, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6990, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 20, 1971, DESCRIBED AS
FOLLOWS:
BEGINNING AT TEE AFOREMENTIONED POINT "C", SAID POINT ALSO BEING ON
THE ARC OF A 1933.00 FOOT P~.DIUS CURVE, CON~.VE NORTH~'~STERL~, ~
RADIAL LINE TO SAID ' POINT BEARS SOUTH 09 ' 59 ' 57" EAST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
01'45'11", A DISTANCE OF 59.14 FEET; THENCE NORTH 27'01'39" EAST,
58 · 00 FEET; THENCE NORTH 13 ' 12 ' 36~' F~ST, 89 · 80 FEET; THENCE NORTH
88'25'49" EAST, 11.48 FEET TO SAID WESTERLY LINE OF SECTION 34;
THENCE ALONG SAID WESTERLY LINE SOUTH 00'01'13" EAST, 130.03 FEET TO
THE POINT OF BEGINNING.
PARCEL C:
AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF LOT 598 OF SOUTHWESTERN CO~.x.~GE ESTATES
UNIT NO. 7, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6990, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 20, 1971, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 598; THENCE ALONG THE
WESTERLY LINE OF SAID LOT NORTH 02'21'40" EAST, 25.54 FEET; THENCE
NORTH 80'36'11" EAST, 20.00 FEET; THENCE SOUTH 09'23'49" EAST, 25.00
FEET TO THE NORTHERLY RIGHT OF OTAY LAKES ROAD; THENCE ALONG SAID
RIGHT OF WAY SOUTH 80'36'11" WEST, 25.20 FEET TO THE POINT OF
BEGINNING.
PARCEL D:
AN EASEMENT FOR CLEAR SPACE AND INCIDENTAL PURPOSES OVER, UNDER,
ALONG AND ACROSS THAT PORTION OF LOT 598 OF SOUTHWESTERN COLT,~GE
ESTATES UNIT NO. 7, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6990, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 20, 1971,
DESCRIBED AS FOLLOWS:
BEGINNING AT AFOREMENTIONED POINT "C" ; THENCE SOUTHWESTERLy ALONG THE
ARC OF SAID 1933. O0 FOOT RADIUS CURVE THROUGH A CEN'rMAL ANGLE OF
02'59'53", A DISTANCE OF 101.15 FEET; THENCE SOUTH 82'59'56" WEST,
75.25 FEET; THENCE NORTH 89'35'49" WEST, 30.27 FEET; THENCE NORTH
81'00'14" EAST, 207.54 FEET TO THE WESTERLY LINE OF SAID SECTION 34;
THENCE ALONG SAID WESTERLY LINE SOUTH 00'01'13" EAST, 8.54 FEET TO
THE POINT OF BEGINNING.
1235
CI]Y OF
CHUIA VISTA
OFFIGE OF THE GITY GLERK
THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY
CONVEYED BY DEED OR GRANT DATED August 23, 1988
FROM Otay Lakes Lodge, Inc. TO City of Chula Vista,CA
A POLITICAL CORPORATION AND/OR GOVERNMENT AGENCY IS
HEREBY ACCEPTED AND THE GRANTEE CONSENTS TO RECORDATION
THEREOF BY ITS DULY AUTHORIZED OFFICER.
City Clerk
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
1236
AGREEMENT
between
THE CITY OF CHULA VISTA
and
EASTLAKE DEVELOPMENT COMPA~Y
This Agreement is entered into this 6th day of
SeptemberS88 bet~¢een The CITY OF CHULA VISTA, a municipal
corporation ("City"), and EASTIJjCE DEVELOPMENT COMPANY, a
California general partnership ("EastLake"), with reference
to the following facts:
WHEREAS, EastLake has purchased certain real property
located in the City of Chula Vista, California ("Property")
from Otay Lakes Lodge, Inc., a California corporation, the
title of which shall be vested directly in the City; and
WHEREAS, EastLake shall construct certain public
improvements on the Property, which improvements shall be
~dedicated to the City upon the completion thereof; and
WHEREAS, the improvements constructed by EastLake on
the Property will have a warranty of one year from the date
of completion and acceptance by the City, and said warranty
period has not yet expired; and
WHEREAS, the City intends to accept the conveyance of
the subject real property prior to the completion of the
works of improvement on Otay Lakes Road and prior to the
expiration of the warranty period 'for said: improvements;
NOW, THEREFORE, in consideration of the above facts and
for other valuable consideration, the receipt of which is
hereby ac~ow!ed~ed, the Da~es agree as follows:
1. The City hereby agrees to accept conveyance of the
Property, as more particularly described and depicted in
Exhibit "A" attached hereto and incorporated herein on the
terms and conditions set forth below.
2. The City agrees ~zo grant EastLake an encroachment
permit and right of entry to perform work on the Property.
3. EastLake agrees to protect and hold harmless the
City, its officers and employees, from any and all claims,
'~emands, causes of action, liability or loss of any sort,
:'Including mechanics liens, personal injury or property
damage on the Property arising out of cr resulting from the
acts or omissions of EastLake, its agents or employees
related to the construction activities performed pursuant
to this Agreement on the Property. The provisions of this
Paragraph 3 shall become effective upon the execution of
this Agreement and shall remain in full force and effect
until the expiration of the warranty period described above
for the public improvements to be constructed hereunder.
This Paragraph 3 is not intended, nor shall it be
construed, to require EastLake or City to indemnify or hold
one another harmless for the negligent acts or omissions of
the other.
IN WITNESS W~EP~EOF, this Agreement has been executed by
the parties as of the date set forth at the beginning
hereof.
ATTEST: THE CITY OF CHULA VISTA, a
FF=yclerk ~
EASTLAKE DEVELOPMENT COMPA/qY, a
California general partnership
~>AGOIOFMF/jd
a/zg/ss
FIRST AMERICAN TITLE INSURANCE COMPANY L E T T E R O F T R A N S M I T T A L
411 Ivy Street
P.O. Box 808
San Diego, California 92112
Phone 238-1776 )ATE SEPTEMBER 6, 1988
OUR
ORDER NO. 965968-~5 OR O.
CITY OF CHULA VISTA
RE: OTAY LAKES ROAD
276 4TH AVENUE
CHULA VISTA, CALIFORNIA
THOMAS HERRON
ATI'ENTION: CITY ATTn~MRy
ientlemen:
We are sending you rrf Attached [] Under separate cover via. the
oilowing items:
R COPY OF DOCUMENTS R PLAT MAPS n MAP GUARANTEE [] COMMITTMENT
R LEGAL DESCRIPTION R PRELIMINARY
TITLE REPORT r'rF PRO-FORMA POL ICY
These are transmitted as checked below:
r"'} FOR APPROVAL F'~ FOR YOUR USE :E~E] AS REQUESTED R FOR REVIEW AND COMMENT
EMARKS:
.yo~. '~uld have any questions, please do not hesitate to call.
~ GREG SPANIOL/tcb
~IGNED: COPY TO:
ORIGINAL