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HomeMy WebLinkAboutReso 1987-13289 1547 RESOLUTION NO. 13289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM BRANDYWINE DISTRIBUTION CENTER ASSOCIATES FOR SEWER PURPOSES 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 sewer purposes executed by Brandywine Distribution Center Associates dated the 3rd day of September , 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 Approv ~,~ to form by Jh P.L* o 1 of Thomas J. Harron, City PU ks/City Engineer Attorney 0361a Form 320 Rev. 2-86 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,..HULA VISTA, CALIFORNIA, this 13th dOy Of, October 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Coz, Moore, Nader, Malcolm NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counc~]members None ~Chulo Vista ylt Cl~rk '/' ~TE 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and foregoing is a full, true ond correct copy of RESOLUTION N0. 1_3289 ,ond that the same has not been amended or repealed OF c, CC-660 FOR A VALUABLE CONSIDERATION/receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: 87,6092 ~7 OCT 29 A~ li: nI -- NO Together w~th the right to enter upon and to pass and repass over and along sai~ easement and right of way an~ to deposit tools, implements and other materials thereon by said City of Chula Vista, its o~ficers agents, and employees and by any contractor, his agents an~ employees engaged by said City, whenever and wherever necessary fo~ ~he purpose above set forth. ~t is understood and agreed by the parties hereto that the Grantee sha~ indemnify and ho~d the Grantor harmless against all cla~s for damage or suits for loss, including costs and attorney's fees~ arising from ~njury to any person(s) o= prope=t~ or ~i~e~ ca3~sed ~y or resulting f=om acts, or omissions by t~e Grante~, its successors or assignS, arising from the constr~ct~on~ o~eration or maintenace of the aforementioned sanitary sewer or in using, operating or ~raveling over the land within the hereinbefore described Grant of Easement. ~t is further understood and agreed by the parties hereto that the aforementioned sanitary sewer and appurtenances thereto shall be constructed, place~ or la~d below the gra~e of natural ground. NO~E== Attach notary ackn0W~edge- "~e~ ' "~ ment here. r? ~. HcCl~ny '/~' "Sen~0~ ~ce 'p~de~t' 1544 STATE OF CALIFORNIA ) · ) ss. ~ COUNTY OF SAN DIEGO ) On this the 3 day of September, 1987, before me, Teresa Ellen Latus , the undersigned Notary Public, personally appeared Jerry W. MCC)enny , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. (S E A L) Exhibit "A" Over that portion of Parcel 2 of the Brandywine Distribution Center ill the City of Chula Vista, County of San Diego, State of Californj. a, according to Parcel Map thereof no. 14521, filed in the office of the County Recorder of said County October 20, 1986, more particularly described as follows,: The westerly 10.00 feet of said Parcel 2 of said Hap. WALDEN & ASSOCIATES, Inc. I,EC, AI, DESCRIPTION 9245 Skypark Court, Suite 110 ~Or ' San Diego, California 92123 (619) 571-9035 Sewer nt~rnoses over r'arce] 2 of Parcel MaD cIvIL ENGINEERING No. i482~ LAND SURVEYING ~/O. No. 6643-074-2 Dais 8-10-87 ENVIRONMENTAL PLANNING Engr. 'k~F Chk. Shset Z Of 3 ~546 WtlEREAS, the owner of that certain proper~y heretoafter described I~as gr~nted to the City of Chula VIsta,' ~ munlclpal corporation, In the County of San Diego, State of Callfornta, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACIIED) AND WtlEREAS, City Federal Savings Bank, a Federal Savings Bank ls beret.after known as the BENEFICIARYI and Chicago Title Insurance Company, a California Corporation, is heretnafter known as tile TRUSTEE as of the date of tills instrument under that certain deed of trust executed by Brandywine Distribution Center Associates, a california Limited Partnership, to secure a note for $6,400,000.00 (Six Million Four Hundred Thousand Dollars and no/lOOths) wikh interest dated October 15, 1986 aud recorded October 20, 1986 in Offtcial Records of the San Diego County Recorder, covering the property hereinabove described, as the Instrument ~o. 86-472751. AND WIIEREAS, the BENEFICIARY affirms that libey are the owner and holder of the hereinabove described trust deed note, and are hereby direct and authorize said TRUSTEE to join [n the execution of th~s ~nstrument. NOW, TIIEREFO~, for and In consideration of the benefits to accrne to the above described land by acceptance of said easement by said Clty of Chula V~sta, the unders~gned expressly ~ubord~nates all r~ght, t~tle nnd tnteres~ and to that portion of sa~d premises bere~n described, covered by sa~d deed of trust, to the ~nterest of ~a~d C~ty of Chula V~sta ~n said easement wt. th the inten~ that said easement shall be prior and superior ~o the lien of the deed of trust here~nabove described. AS TRUSTEE: AS BENEFICIARY: CHICAGO TITLE INSU~NCE COMPANY, .~~ A Missoruri Corporation J ~ Exhibit "A" Over that portion of Parcel 2 of the Brandywine Distribution Center in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map thereof no. 14521, filed in the office of the Collnty Recorder of said County October 20, 2.986, more particularly described as follows: The westerly 10.00 feet of said Parcel 2 of said Map. WALDEN &ASSOCIATES, Inc. I,EF, AI, DESCRIPTION 9245 Skypark Court, Suite 110 :~or San Diego, California 92123 (619) ~71-903~ Sewer pu~ooses over Parcel 2 of Parcel MaD CIVIL ENGINEERING No. 14.521 LAND S~VEYING ~O. No. 6643-074-2 Pat. ENVIRONMENTAL PLANNING ~n~r. lg Chk. Sheet L Of 3 155~ i 1553 -r~09275 i ' (IVO ~<2ALE) 19~7 OCT 29/,F~ II: 07 J~ OTAY VA ~oA~"' '