HomeMy WebLinkAboutReso 1988-13740 114
RESOLUTION NO. 13740
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING REAL PROPERTY SURPLUS
AND AUTHORIZING SALE OF PROPERTY, AND
AUTHORIZING THE MAYOR TO EXECUTE NECESSARY
DOCUMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the realignment of Walnut Drive at Spruce Road
in the Woodlawn Park area was completed prior to the Montgomery
annexation and resulted in a small parcel of surplus property
that was owned by the Montgomery Sanitation District as shown on
Exhibit "A" hereto, and
WHEREAS, the City became a successor owner of this
property following the Montgomery annexation, and
WHEREAS, the subject parcel is approximately 1410 square
feet in size and staff has estimated the value of the property to
be $5,000, and
WHEREAS, staff has negotiated a sale agreement for the
sale of the property for the sum of 95,000, and
WHEREAS, because of the dollar amount involved, in
accordance with Chula Vista Municipal Code Section 2.56.230, a
formal bid process is not required, and the informal bid
requirements of Chula Vista Municipal Code Section 2.56.170 have
been met.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby declare the property, more
particularly described in Exhibit "B", to be surplus property,
with no present or future use for public purposes, in accordance
with Chula Vista Municipal Code Section 2.56.230, and does hereby
authorize the sale of said property for the sum of 95,000.
BE IT FURTHER RESOLVED that the Real Estate Purchase
Agreement (Exhibit "C" attached hereto and incorporated by this
reference) is approved and the Mayor is authorized to execute it
on behalf of the City.
BE IT FURTHER RESOLVED that the Mayor is authorized to
sign the Grant Deed (Exhibit "D" attached hereto and incorporated
by this reference) conveying said property pursuant to said
Purchase Agreement.
Presented by Approved as to form by
Finance City Attorney
4542a
115
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CnULA VISTA, CALIFORNIA, this 16th day of. August
19 88 , by the following vote, to-wit:
AYES: Councilmembers Moore, McCandliss, Nader, Malcolm, Cox
NAYES: Counci ] membe~'s None
ABSTAIN: Counci ]members None
ABSENT: Counci ] membe~'s None
of t'~ Chula Vista
~/ City Clerk' ~ ~/
b .~,rE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 13740 ,and that the some has not been amended or repealed
CC -660
City Clerk ~ .... :-;:~-;.~-- ~ ~
~I. TY OF CHULA VISTA ~ ~
'~ Chula Vista, Ca. 92010 ~ -:
~esar ~utierrez and ~ V2L~ ~. ~ ~, ~ MG ~'
1004 Indiana Court ~" ~
Venice, Ca. 90291
IXPD ~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
~esar Gutierrez and ~
Arturo Lucero
1004 Indiana Court
Venice, Ca. 90291
Corporation Gran Deed
FOR A VALUABLE CONSiDERATiON, rece~p[ of which &s hereby acknow]edge~,
THE CITY OF CHULA VISTA
a eerpera~]en organized under ~he laws of ~he s~a~e of California
hereby GRANTS ~e
~ ~ CESAR GUTIERREZ and ARTURO LUCERO, each as to an undivided one-half
interest, as tenants in colon.
~he {oilowing described real preper{y ~n ~e City of Chula Vista
Co~my of San Diego , S~a~e ~[ Ca~]forn}a:
See the legal description attached hereto as Exhibit "A"
and incorporated herein by reference as if set forth in full.
EXHIBIT "A"
LEGAL DESCRIPTION
FOR THE PORTION OF LOT M TO BE ACQUIRED
A PORTION OF LOT M OF WOODLAWN PARK, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1271 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JUNE 30, 1910, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 67 OF SAID MAP 1271,
THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT M,
NORTH 38~50'12'' EAST, 12.98 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 38~50'12'' EAST, 54.38 FEET; THENCE NORTH 52° 18'03"
EAST, 89.10 FEET TO A POINT ON THE ARC OF A CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 390 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 54~37'39'' WEST; THENCE, LEAVING SAID POINT
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 19c 30'03", AN ARC LENGTH OF 132.74 FEET TO A POINT ON
THE ARC OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20
FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 35~07'36'' WEST;
THENCE LEAVING SAID POINT SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 33°38'55", AN ARC LENGTH OF
11.75 FEET TO THE TRUE POINT OF BEGINNING.
............ 5'~K,, .............
INDICATE.S' PO~). O,E LOTM TO Z~E ACOUI,qED
'"~'~ ,o,- ,,, ~ ,~,~P
116
REAL ESTATE PURCHASE AGREEMENT
This Agreement is entered on March 10, 1988, by and between
THE CITY OF CHULA VISTA as Seller, and CESAR GUTIERREZ and ARTURO
LUCERO as Buyers.
1. Seller agrees to sell and convey to Buyers by grant
deed, and Buyers agree to purchase and pay Seller the sum of Five
Thousand Dollars ($5,000.00) cash for that portion of a public
right of way within Lot M of Woodlawn Park, Map 1271, more
particularly described as follows:
A portion of Lot M of Woodlawn Park, in the
City of Chula Vista, County of San Diego,
State of California, according to Map thereof
No. 1271 filed in the office of the County
Recorder of San Diego County, June 30, 1910,
more particularly described as follows:
Beginning at the Southwest corner of Lot 67
of said Map 1271, thence Northeasterly along
the Northwesterly line of said Lot M, North
38° 50' 12" East, 12.98 feet to the True
Point of Beginning; thence North 38° 50' 12"
East, 54.38 feet; thence North 52° 18' 03"
East, 89.10 feet to a point on the arc of a
curve, concave Northwesterly, having a radius
of 390 feet, a radial line to said point
bears North 54° 37' 39" West; thence, leaving
said point Southwesterly along the arc of
said curve, through a central angle of 19°
30' 03", an arc length of 132.74 feet to a
point on the arc of a curve, concave North-
westerly, having a radius of 20 feet, a
radial line to said point bears North 35° 07'
36" West; thence leaving said point South-
westerly along the arc of said curve, through
a central angle of 33° 38' 55", an arc length
of 11.75 feet to the True Point of Beginning.
2. Within ten (10) days after delivery of the sum of Five
Thousand Dollars ($5,000.00) to Seller in the form of a cashier's
check, the Seller shall execute and deliver to Buyers a Grant
Deed conveying said property to Cesar Gutierrez and Arturo
Lucero, each as to an undivided one-half interest, as tenants in
common.
30 Seller agrees to convey title to said property free and
clear of all liens, encumbrances, taxes, easements, restrictions,
rights, covenants and conditions.
117
4. Seller warrants that said property is not in violation
of any City, County, State, Federal, Building, Zoning, Fire or
Health codes, statutes or ordinances, or other governmental
regulations.
5. Seller warrants that it has no knowledge of any condem-
nation action, lawsuit, governmental action or any other actions
which may affect the subject property adversely.
6. Seller warrants and represents that it has no know]edge
as to the presence on the property of asbestos, hazardous or
toxic materials or underground storage tanks. Seller warrants
and represents that Seller knows of no hazardous or toxic sub-
stances located on or in the property, seller has no reason to
believe there are any such hazardous or toxic substances, and
Seller has not placed on or in the property any hazardous or
toxic substances as such is defined under any federal, state or
local law, ordinance, statute or regulation.
7. Time. Time is of the essence of this Agreement and
failure to timely comply with its provisions shall constitute a
material breach of this Agreement.
8. Covenants Survive Closing. The representations,
warranties, covenants, and other obligations set forth in or made
pursuant to this Agreement shall remain operative, shall be
deemed made at the close of the applicable escrow, and shall
survive the closing and the execution and delivery of any deeds
and shall not be merged therein.
9. Binding Effect. This Agreement, and all covenants set
forth herein, shall be binding upon and shall inure to the
benefit of the respective parties hereto, their legal successors,
heirs, assigns, partners, representatives, executors, administra-
tors, agents, attorneys, officers, directors and shareholders.
10. Choice of Law and Venue. This Agreement is executed
and intended to be performed in the State of California and the
laws of California shall govern its interpretation and effect.
The parties agree that all legal proceedings regarding this
Agreement shall only be instituted in the U.S. District Court,
Southern District of California, or the courts of the State of
California for San Diego County, San Diego Judicial District.
11. Lega!.~xpenses. In the event any party to this Agree-
ment commences any legal proceeding concerning any aspect of this
Agreement, including but not limited to, the interpretation or
enforcement of any of its provisions or based on an alleged
dispute, breach, default or misrepresentation in connection with
any aspect or provision of this Agreement, the prevailing Darty
shall be entitled to recover reasonable attorneys' fees and all
other costs and expenses incurred in connection with the action
or proceeding, including without limitation, expert witness fees,
court reporter fees and collection expenses, whether or not such
action proceeds to judgment. The "prevailing party" means the
118
party determined by the court to have most nearly prevailed, even
if such party did not prevail in all matters, not necessarily the
one in whose favor a judgment is rendered. If the court fails or
refuses to make a determination of the prevailing party, the
party who is awarded costs of suit shall also be deemed to be the
prevailing party for the purpose of awarding attorneys' fees.
12. Severability. Should any portion or clause of this
Agreement be found to be invalid, illegal, void, voidable or
unenforceable for any reason whatsoever, this Agreement shall be
read as if it did not contain said portion or clause. The
parties hereto intend for any such invalid portion or clause to
be severable from the remainder. Any such clause or portion and
its severance shall not affect the validity or effect of the
remaining provisions of this Agreement.
13. Gender and Number. In this document, where the context
so requires, the masculine, feminine or neuter gender shall be
deemed to include each other, and the singular to include the
plural.
14. Section Headings. The captions, subject, second and
paragraph headings in this Agreement are included for convenience
and reference only. They do not form a part hereof, and do not
in any way codify, interpret, or reflect the intent of the
parties. Said headings shall not be used to construe or inter-
pret any provision of this Agreement.
15. Modifications. This Agreement may not be superceded,
modified or amended orally and no modification, waiver or amend-
ment shall be valid unless sought in writing and signed by the
party against whom the same is sought to be enforced.
16. No Presumption AgaiD.st Drafting Party. This Agreement
and the provisions contained herein shall not be construed or
interpreted for or against any party hereto because said party
drafted or caused the party's legal representative to draft any
of its provisions.
17. Parties in Interest. Nothing in this Agreement,
whether express or implied, is intended to confer any rights or
remedies under or by reason of this Agreement on any persons
other than the parties to it and their respective successors and
permitted assignees. Nothing in this Agreement is intended to
relieve or discharge the obligation or liability of any third
person to any party to this Agreement, nor shall any provision
give any third person any right of subrogation or action over or
against any party to this Agreement.
18. E~ecution of Further Documents. Each party agrees,
!F~ri~r to the 5!pplicable close of escrow, and.upon the den~l~n~ of
the other party, to execute or deliver any instrument, furnish
any information, or perform any other act reasonably necessary to
carry out the provisions of this Agreement without undue delay or
expense. In the event either party fails or refuses to comply
119
with this paragraph, such party shall reimburse the other party
for any expenses, including attorneys' fees and court costs, that
as a result of this failure become reasonably necessary to carry
out this Agreement, even if formal legal action is not commenced.
WHEREFORE, the parties have executed this instrument on the
date first indicated above.
SELLER: BUYERS:
CITY OF CHULA VISTA ~ J~~
CESAR GUTIERREZ ~
F/REPA
MSCW7