HomeMy WebLinkAboutReso 1976-8335RESOLUTION NO. 8335
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT AND ESCROW
BETWEEN THE CITY OF CHULA VISTA AND LEAH SHAPOV
FOR THE EXCHANGE OF REAL PROPERTIES IN THE CITY
OF CHULA VISTA AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND ESCROW
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
and its attendant escrow between the City of Chula Vista, a muni-
cipal corporation, and Leah Shapov for the exchange of real properties
located in the City of Chula Vista, dated the 21st day of September,
1976, copies of which are attached hereto and incorporated herein,
the same as though fully set forth herein be, and the same are,
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
agreement and escrow for and on behalf of the City of Chula Vista.
Presented and Approved as to Form by
~~~
George D inch eb rg, City Attorn
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 21st day of September 197_, by
the following vote, to-wi~-
AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of the i y of Chul Vista
ATTES
City Clerk
ST E OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, ,
Chula Vista, Ca i ornia, DO HEREBY CERTIFY
true and correct copy of Resolution Pdo. _
not been amended or repealed. DATED
City Clerk of the City of
that the above is a full,
and that the same has
City Clerk
P_GREEMENT FOR THE EXCHANGE OF REAL PROPERTY
BET[+TEEN LEAH SHA.POV APdD THE CITY OF CHULA. VISTA
THIS AGREEMENT, made and entered into this 21st day of
September, 1976, by and between the CITY OF CHULA. VISTA, a muni-
cipal corporation, hereinafter referred to as "CITY", and LEAH
SHAPOV, an individual;
[ti' I T N E S S E T H
4JIiEREAS, Leah Shapov is the owner of certain real property,
described more fully hereinbelow, within the City of Chula Vista,
County of San Diego, and
WFIEREP_S, the City desires to acquire said real property
for street and highway purposes, and
WHEREAS, Leah Shapov desires to exchange her real property
for certain other real property, described more fully hereinbelow,
owned by the City of Chula Vista, and
[~IFIEP.EAS, the parties hereto have reached an agreement
which they now wish to reduce to writing.
NOW, THEREFORE, in consideration of the promises extended
by and between the parties to this agreement, said parties hereto
agree as follows:
1. Leah S;zapov agrees to convey by grant deed to the
City that certain resl property in the City of Chula Vista, County
of San Diego, State o` California, more particularly described as
follows:
That portion of the southerly half of Lot 3 of
Quarter Section 135 of Rancho de la Ldacion accord-
ing to R7ap thereof Pdo. 166 filed in the Office of
the County Recorder, San Diego County, State of
California, on Play 11, 1869, described as follows:
Beginning at the Southwest Corner of Lot 6,
Block I of Sweetwater Valley Industrial Park per
Map thereof No. 4670, records of said County;
thence South 19°09'38" East, a distance of 19.80
Feet; thence North 70°50'22" East, a distance
of 30.00 Feet to the TRUE POINT OF BEGINNING;
thence South 18°59'35" East, a distance of 200.00
Feet; thence north 70°50'22" East, a distance
of 30.25 Feet to a point on a non-tangent curve,
concave northwesterly, having a radius of 110.00
Feet and whose center bears North 86°42'51" [~iest
from said point; thence northerly along the arc
of said curve, through a central angle of 22°26'47",
a distance of 43.09 Feet; thence North 19°09'38"
[nest, tangent to said curve, a distance of 158.00
Feet; thence South 70°50'22" West, a distance of
38.00 Feet to the TRUE POINT OF BEGINIING
-1-
2. Leah Shapov further agrees to indemnify and hold City,
its officers, agents and employees harmless from any and all liability
for injuries to persons or damage to real or other property caused or
resulting in any manner from the realignment and construction of
Brisbane Street, excepting for injuries to persons or damage to pro-
perty caused or resulting from the sole negligence or willful mis-
conduct of City, its officers, agents and employees.
3. City agrees to convey by grant deed to Leah Shapov
that certain real property in the City of Chula Vista, County of
San Diego, State of California, more particularly described as
follows:
All that portion of the Southwest quarter of
Quarter Section 135, Rancho de la Nacion, County
of San Diego, State of California, according to
P!tap thereof No. 166, filed in the Office of the
Recorder of said County, more particularly des-
cribed as follows:
Beginning at the northwest corner of the Southwest
quarter of said Quarter Section 135; thence southerly
along the westerly line of said Southwest quarter,
also being the centerline of North Fourth Avenue,
South 18°59'35" East, 529.10 feet, to the point of
intersection of the proloncration of the Tortherly
right of way line of Brisbane Street as shown on
California State Highway Right of Way T~2ap No. L.O.
49007; thence Tdorth 70°50'22" East, 370.25 feet to
the TRUE POINT OF BEGINNING; thence continuing along
said northerly right of way line North 70°50'22°°
East, 282.03 feet, to a point of tangency of a
curve concave northwesterly having a radius of 22.00
feet; thence northeasterly along the arc of said
curve through a central angle of 66°13'38" a distance
of 25.43 feet to a point of tangency of a curve
concave easterly having a radius of 230.01 feet,
also being a point on the westerly right of way line
of North Glover Avenue; thence southwesterly along
the arc of said curve through a central angle of
23°36'35" a distance of 94.78 feet; thence South
18°59'51" East, 23.13 feet to a point of tangency
of a curve concave southerly with a radius of 22.00
feet; thence northwesterly along the arc of said
curve through a central angle of 90°09'47" a distance
of 34.62 feet; thence South 70°52'22" West, 362.25
feet; thence North 19°09'38" West, 12.00 feet to a
point on a curve concave northwesterly with a radius
of 110.00 feet, a tangent to said curve through said
point bears north 70°50'22°' East; thence northeasterly
along said curve through a central angle of 67°33'13"
a distance of 129.69 feet to the TRUE POINT OF BEGINTING
4. City further agrees to convey to Leah Shapov a temporary
access easement to North Glover Avenue over certain real property
in the City of Chula Vista, County of San Diego, State of California,
more particularly described as follows:
That portion of the southerly half
of Quarter Section 135 of Rancho de
ing to b7.ap thereof No. 166 filed in
County Pecorder, San Diego County,
on P,ay 11, 1869, more particularly
of 20 acre Lot 3
la Nacion accord-
the Office of the
State of California,
described as follows:
-2-
Beginning at the Southeast corner of Lot 5, Block 6
of Sweetwater Valley Industrial Park per Pgap thereof
No. 4670, filed in the office of said County Recorder;
thence South 18°59'35" East along the extension of
the right of way line of North Glover Avenue a distance
of 19.80 feet; thence South 18°59'51" East a distance
of 4.29 feet to a point of tangency on a curve concave
to the West, having a radius of 170.01 feet; thence
southerly along said curve through a central angle of
30°00°00°' a distance of 89.02 feet to the TRUE POINT OF
BEGINNING; thence tangent to said. curve South 11°00'09"
West a distance of 20 feet; thence South 78°59'51" East
a distance of 30 feet; thence North 11°00'09" East a
distance of 20 feet; thence Ilorth 78°59'51" West a
distance of 30 feet to the TRUE POINT OF BEGINPdIPdG,
to last until formal application for development of the benefitted
land is received and granted subject to all normal conditions of
development.
5. An escrow shall be established with a party mutually
agreeable to City and Leah Shapov to provide for the transfer of
titles to said properties. City and Leah Shapov shall both deposit
with said escrow agent a deed of conveyance for their respective
real properties described her_einabove. City and Leah Shapov agree
that a thirty (30) day escrow period is mutually agreed upon by the
parties to this agreement. City and Leah Shapov agree to share
all normal costs of escrow and to provide a good and valid title
policy for their respective properties. The costs incurred by
virtue of the escrow and the securing of a title policy shall be
shared on a fifty-fifty basis between City and Leah Shapov.
6. All taxes assessed on the subject property shall be prorated
between City and Leah Shapov from the date of possession.
7. The terms and conditions to be included in said escrow
instructions shall be those found mutually agreeable by the City,
through its City Attorney, and by Leah Shapov, or her authorized
representative.
8. This agreement shall bind and inure to the benefit
of the heirs, executors, administrators, successors and assigns
of the parties hereto.
k
Ird WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year hereinabove set forth.
THE CITY OF CHULA VISTA
Leah Shapov
Attach Notary
-3-
Approved as to form by:
.~'~
Georg D. Lindberg, City Att - ey