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HomeMy WebLinkAboutReso 1987-13311 RESOLUTION NO 13311 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM SDG&E FOR DRAINAGE PURPOSES FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL CHANNEL PROJECT 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 grant of easement for drainage purposes - Telegraph Canyon Creek Flood Control Channel Project executed by San Diego Gas & Electric dated the 13th day of January , 1987 , 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 record said easement in the office of the San Diego County Recorder. Presented by Approved as to form by or of Thomas J. Harronk~City ' ' Jo P. L p Pu orks/City Engineer Attorney 0361a Form 320 Rev. 2-86 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF bndLA VISTA, CALIFORNIA, this 3rd day of. November 19 67 , by the following vote, to--wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader, Malcolm NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci 1 members None /theCity of Chula Vista SLATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 13311 ,and that the same hos not been amended or repealed DATED OF CHU VI A CC-660 WUEN RECORDED, PLEASE MAIL 1 INSTRUMENT TO: 1 87 6 2303 cLERK C:TY 0F CHULA VISTA 276 Fourth Avenue 1 ~ ':' ONLY E~E~NT NO FEE DRAINAGE Assessor's Psrcel Project: Telegraph Csnyon Channel ~o. 571-160-08, 571-240-01, W.O. No.: TE2572 617-011-02 Parcel No.: 84-0118-A2 Log No.: B002-6 SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto CITY OF CHULA VISTA herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, rp~nstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all s ;tures incidental thereto, and for the flowage of any waters in, over, upon or through a~d channel, together with the perpetual right to remove buildings, structures, trees, Jushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the City of Chula Vista, County of San Diego, State of California, and is particularly described as follows: Parcel No. 84-0118-A2 (11-24-86) (WAR:TRF:po) A strip of land 100.00 feet wide, in the City of Chula Vista, County of San Diego, State of California, lying within Fractional Quarter Sections 169 and 170 of the Rancho de la Nacion, according to Map thereof by Morrill, dated in 1868, filed as Map No. 166 on May 11, 1869, in the Office of the County Recorder of said County described in deeds to San Diego Gas & Electric Company, recorded June 27, 1956, in Book 6156, Page 587 and Book 6157, Page 222 of Official Records of said County Recorder, the sidelines of said strip lying 50,00 feet on each side of the following described centerline: 1722 P. arcel,No. 84-0118-A2 (Cont'd) Commencing at a point in the Southerly Right-of-Way line of Arizona Street, at the Northwesterly corner of Parcel i of Parcel Map No. 990, according to said Parcel Map N i990, filed in the Office of said County Recorder; thence along the Westerly , 6ngation of said Southerly Right-of-Way line of Arizona Street South 72'08'22" West (North 71°42'07'' East per Parcel Map No. 990) 40.62 feet; thence South 28°53'09'' West, 549.04 feet to the TRUE POINT OF BEGINNING; thence North 74°12'34" West, 672.79 feet to the be9inning of a tangent 180 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 21°05'09'' a distance of 66.24 feet; thence tangent to said curve North 53007'25'' West, 667.20 feet to the beginning of a tangent 150.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 12027'59'' a distance of 32.64 feet; thence tangent to said curve North 40'39'26" West, 90.02 feet to the beginning of a tangent 250.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 08°18'48" a distance of 36.27 feet; thence tangent to said curve North 48°58'14'' West, 200.71 feet to a point hereinafter designated "Point A"; thence continuing North 48'58'14" West 43.92 feet to the beginning of a tangent 1000.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 01°28'52'' a distance of 25.85 feet; thence tangent to said curve North 47°29'22'' West, 853.64 feet to the beginning of a tangent 320.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 21°42'01'' a distance of 121.20 feet to a Point "B"; thence North 69011'23'' West, 571.98 feet to the Westerly line of said San Diego Gas & Electric Company land, being a POINT OF TERMINUS. The sidelines of said strip shall be lengthened and/or shortened so as to intersect Easterly and Westerly in the Easterly and Westerly lines of said San Diego Gas & Electric COmQany land. ~'u~LTHER with that portion of land lying Northeasterly of the Northeasterly line of said efore described 100.00 foot wide strip of land AND lying Southwesterly of a line described as follows: BEGINNING at a point in the Northeasterly line of said 100.00 foot wide strip of land distant thereon North 20°48'37" East, 50.00 feet from said before described Point "B"; thence North 54°03'06'' West, 95.73 feet; thence North 73°43'39" W^st, 63.20 feet; thence North 69'11'23" West, 200.00 feet; thence North 56'15'00" West, 133.97 feet; thence North 10°09'13" West, 69.97 feet; thence North 69'11'23" West to the Westerly line of said San Diego Gas & Electric Company land, being a POINT OF TERMINUS. ALSO TOGETHER with that portion of land lying Southwesterly of the Southwesterly line of said before described 100.00 foot wide strip of land, AND lying Northeasterly and Northwesterly of a line described as follows: BEGINNING at a point in the Southwesterly line of said 100.00 foot wide strip of land distant thereon South 20°48'37" West, 50.00 feet from said before described Point "B"; thence North 84'19'40" West, 95.73 feet; thence North 64°39'07" West, 63.20 feet; thence North 69'11'23" West, 200.00 feet; thence North 82°07'46" West, 133.97 feet; thence South 51°46'27" West, 69.97 feet; thence North 69°11'23" West to the Westerly line of said San Diego Gas & Electric Company land, being a POINT OF TERMINUS. EXCEPTING THEREFROM the Northeasterly 5.00 feet and the Southwesterly 5.00 feet of said 100.00 foot strip described above, between the TRUE POINT OF BEGINNING and "Point A". ~ ~earings and distances used in the above description are on the California Coordinate ,stem, Zone 6. Multiply distances shown by 1.000096 to obtain ground level distances. - 2 - · OC 1723 The G~antee shall have the right to fe ce all or any portion of said easement herein n conveyed within which there is installed or constructed an unenclosed flood drainage channel. The Grantee· its successors and assigns, shall be responsible for operating, m~taining, and keeping in good repair the above described works of improvement. ~n~Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee, its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor· his successors and assigns, the right and privilege to use the above described land of the Grantor at a~ time, in any manner and for a~ purpose not inconsistent with the full use and enj~ment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this /5f~ day ofk- nuarV , 19~=~. SAN DIEGO/GAS & ELECTRIC COMPANY~ a California corporation E. M. Gabrielson~ Manager LAND & ENVZRONM~2AL D~AR2M~N~ rATE OF CALIFORNIA 6/OUNTY OF SAN DIECO ss known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Manager, Land & Environmental Department, on behalf of San Diego Gas & Electric Company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolu- tion or its board of directors. WITNESS my hand and official seal. This is to certify that the interest in real property conveyed by the foregoing deed or grant of the City of Chula Vista, a political corporation and/or governmental agency is hereby accepted on behalf of the public pursuant to authority conferred on City Council Resolution No. 13311 , adopted on November 3 25~]987, and the Grantee consents to the recordati6~ ~ereof by its duly authorized ' . Dated: November 12, 1987 · Mayor - 3 -