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Home My WebLink AboutReso 1975-7695Form No. 362 RESOLUTION NO. 7695 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND GRANTING EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT OF EASEMENT The City Council of the City of Chula Vista does hereby resolve as followse That the City of Chula Vista does hereby grant certain easement to San Diego Gas & Electric Company, across a portion of Lot 74 in Bonita Ridge Estates Unit #1 Subdivision, for their facilities, a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized to execute same for and on behalf of the City of Chula Vista. Presented by u-: William Robens,Director of Public Works Approved as to form by ,~_e. -~ ~ ~~ ...>~.~,,~,-~, George p. Lindberg, City Attorney ;'-., -1- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of April r 1975 by the following vote, to-wit: AYES: CounctiZmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYE S : Ccunci Zmen None ABSENT : Ccunc i Zmen None Mayor cf the City of Chula Vista ATTEST .-%2~?'L~. .~ (~,~~C-~?% ~~ C,'ty C erk STATE OF CALIFORNIA j COUNTY OF SAN DIEGO j ss. CITY OF CHULA VISTA j I, ~iENN'E M. L'ULASZ, City CZer7t of the City of Chula VZsta, CaZ%fornia, DO HEREBY CERTIFY that the above and foreg:,ing is a full, true and c:,rrect copy cf and that the same has not been amended or repeaZedo DATED !SEAL) CC-660 City CZer ~ ~ ,. . , 13B EASEMENT AND RIGHT OF WAY hereinafter called "Grantor" for good and valuable consideration, receipt whereof is hereby acknowledged, do hereby grant to San Diego Gas & Electric Company, a corporation, its successors and assigns, hereinafter called "Grantee", an easement and right of way _.__~_n nn feet in width in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use, a line or independent lines of poles and/or steel towers, and wires and/or cables suspended thereon and supported thereby, and underground con- duits, wires, cables, vaults and manholes, for the transmission and distribution of electricity and for all other purposes connected therewith, and for telephone, signal and communication purposes, including guys, anchorage, crossarms, braces and all other appliances and fixtures for use in connection therewith, at such locations and elevations upon, along, over and under the hereinafter described easement and right of way as Grantee may now or hereafter deem convenient and necessary at any time and from time to time, together with the right of ingress thereto and egress therefrom, to and along said easement and right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear said easement and-right of way from explosives, buildings, structures and materials that in the opinion of the Grantee may be harmful to its facilities or interfere with the rights herein granted. The lands in which said easement and right of way is hereby granted are. San Diego situated in the County of State of California, and are particularly described as follows, to-wit: Lot 74 of Bonita Ridge Estates Unit No. 1 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 8044, filed in the office of the County Recorder of said County. The center line of said easement and right of way in the aforesaid lands is particularly described as follows: Commencin~* at a three quarter inch iron pipe wit r: tack and disk stamped L.S. 2528 marking the Southeast corner of Parcel One of Parcel A!ap ??o. 2300, filed January 29, 1974 as Tile `o. 023C2~ in the office of the County Recorder of said County, thence ulon~ the Southerly line of said Parcel One and the irlesterly prolongation thereof South 71° 50' 12" West, J0.18 feet: thence South 53° 28' S1`' East, 388.16 feet; thence North 36° 31' 09"' East 19.G0 feet to the 'RUE POI'1T OT' BEGIrdrdl?~1G: thence r•~orth 53° 28' 51 West, to the Westerly line of said Lot 74. 4LS0: Beginning at said TRUE POINT OF Br,GINNING thence South 51° 10' 2g'` East to the Southwesterly line of said I,ot 7 ~+ . ALSO: That certain strip of land 4.00 feet in width being; 2.00 feet on each side of the following; described center line: Peg,inning at said TRUL POINT OF BEGIi~divliJG., thence North 46° UO' 00" East, 25.00 feet. -2- <; ~B Grantor shall not increase or decrease the ground surface elevations within the boundaries of the above described easement and right of way existing on the date of execution of this document, without written consent of the Grantee. Grantor grants to Grantee the right, easement and privilege of placing, erecting and maintaining on the above described lands of the Grantor adjacent to the above described easement and right of way such anchorage as may be necessary at any time and from time to time to properly guy the line(s) of poles constructed upon said easement and right of way. Grantor shall not dig or drill any well, .n1an~-_ ~„<, tree erect, place or construct any building or other structure, nor impound or store fluids within the boundaries of the above described easement and right of way. Grantee shall have the right to erect, maintain and use gates in all fences which now cross or many hereafter be permitted to cross the above described easement and right of way and to trim and/or remove any trees, brush, or material from the above described easement and right of way whenever in its judgment the same shall be necessary. Grantor shall not grant or dedicate any easement on, under or over the above described easement and right of way, without first securing Grantee's written approval. Grantee has reviewed and approves Grantor's landscape plans for said Boaita Ridge Estates Unit No. 1, as shown on City of Chula Vista Department of Public Works Drawings No. 74-103D and No. 7k-107D approved June 21, 197k, and attached hereto and made a part hereof, however, Grantee is hereby granted the right to review and approve any 2liture tree or trees to be planted within the above described easement an8 right of way. -3- 13B The terms, covenants and conditions of this easement and ri};ht of way shall be binding upon and inure to the benefit of any heirs, executors, administrators, permit tees, licensees, agents or assigns of Grantor and the successors and assigns of Grantee. IN WITNESS WHEREOF, the Grantor executed these presents this 8th day of April 19 75 Executed in the Presence of: xxx Witness G'ITY O ~HliLA VITA, a muricipa torpor tion Ly Mayor ~.._ ;- By i ~. ` City Clerk DRAWN BY Bickley CHECKED BY ...jF'.':...... . SKETCH NO.. 1~"1~21 DATE ..... 110/7 5 .... . MOPA~NS:. ~6~~527~... -~4- ~? _ '~ , MUNICIPAL CORPORATION FORM STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ON THIS 8th day of April 19 75, before me, the undersigned, a Notary Public in and for said County an d State, residing therein, duly commissioned and sworn, personally appeared Thomas D. Hamilton, Jr. known to me to be the Mayor, and Jennie M. Fulasz known to me to be the City Clerk of the City o C u a is a~ the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corpora- tion executed the same. WITNESS my hand and official seal. otary Public in and for. said County and State e OFFICIAL SEAL ~ y ~.*^ ~~ ~ iORftAINE A. KRAKER ~ r =i N tart public - California ~ ~ ~ SAN DIEGO COUNTY i A'ry Ccmmision Expires June 12, 1976 ~ 5...... .....,.-_.~,...,,o~_~...,.. ._~~.....~...~si l ~, '3B \A r // G,u, .~:...... .....n..ayr. ~, ~~® EASEMENT AND RIGHT OF WAY ~ ~+- r~ ~~~ ;; ., ~•r .,r- SAPECV ii'I;: ln;ura:u~ Ce,ap7nY ~~_r' 1~,~. ~ O.nn c • ~ r--. RECOR~c;Z a~.~Q T ,T, -, hereinafter called "Grantor", for good and valuable consideration, receipt whereof' is hereby acknowledged, do hereby grant to San Diego Gas ~ Electric Company, a corporation, its successors and assi „ gns, hereinafter called Grantee", an easement and right of way ?0 00 feet in width in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and. use, a line or independent lines of poles and/or steel towers, and wires and/or cables suspended thereon and supported thereby, and underground con- duits, wires, cables, vaults and manholes, for the transmission and distribution of electricity and for all other purposes connected therewith, and for telephone, signal and communication purposes, including guys, anchorage, crossarms, braces and all other appliances and fixtures for use in connection therewith, at such locations and elevations upon, along, over and under the hereinafter described easement and right of way as Grantee may now or hereafter deem convenient and necessary at any time and from time to time, together with the right of ingress thereto and egress therefrom, to and along said easement and right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear said easement and right of way from explosives, buildings, structures and materials that in the opinion of the Grantee may be harmful to its facilities or interfere with the rights herein granted. j ` ~ V ~'~~ The lands ir. which said easement and right of o~ay is hereby ~.rar.tc~d are situated i.n the County of San Diego `y State of California, and ~ re part_cularly described as follows, to-wx.t: Lot 74 of Bonita Ridge Estates Unit No. 1 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof _i1o. 8044, filed in the office of the County Recorder of said County. The center line of said easement and right of way in the aforesaid lands is particularly described as follows: Commencing at a three quarter inch iron pipe with tack and disk stamped L.S. 2528 marking the Southeast corner of Parcel One of Farrel Map No. 2300, filed January 29, 1974 as File No. 023625 in the office of the County Recorder of said County; thence along the Southerly line of said Parcel One and the ~fdesterly prolongation thereof South 71° 5C' 12" West, 50.18 feet; thence South 53° 28' 51" East, 388.16 feet; thence ?~?orth 36° 31' 09" East 19.00 feet to the TRUE POINT Or BEGINNING: thence North 53° 28' 51" West, to the t^lesterly line of said Lot 7LI. /iLSO: Beginning at said TRUE POINT OF BEGINNING; thence South 51° 10' 2~" East to the Southwesterly line of said Lot 74. ,'ALSO: That certain strip of land 4.00 feet in width being; 2.00 feet on each side of the following described center line: Beginning at said TRUE POINT OF BEGINNING; thence I~?orth 46° 00' 00" East, 25.00 feet. -?_- } i'. ~~/Ci f..~ Grantor shall not .increase or decrease the ground surface elevations within the boundaries of the above described easement and right of way existing on the date of. execution of this document, without written consent of the Grantee. Grantor grants to Grantee the right, easement and privilege of placing, erecting and maintaining on the above described lands of. the Grantor adjacent to the above described easement and right of way such anchorage as may be necessary at any time anal from time to time to properly guy the line(s) of poles constructed upon said easement and right of way. Grantor shall not dig or drill any well, ~xxtz~xx~ erect place or consr_ruct any building or other structure, nor impound or store fluids within the boundaries of the above described easement and right of way. Grantee shall have the right to erect, maintain and use gates in. ai.l fences which now cross or. many hereafter be permitted to cross the above described easement and right of way and to trim and/or remove any trees, brush, or material from the above described easement and right of way whenever in its judgment the same shall be necessary. Grantor shall not grant or dedicate any easement on, under or over the above described easement and right of way, without first securing Grantee's caritten approval. Grantee has reviewed and approves Grantor's landscape plans for said Bonita Ridge Estates Ur_it No. 1, as shown on City of Chula Vista Department of Public T~Torks Drawings Pdo. 71+-103D and No. 7~-107D approved June 2l, 197+, and attached hereto and made a part hereof, however, Grantee is hereby granted the right to review and approve any future tree or trees to be planted within the above described easement and right of way. -3- f I ?3. ~ , ~~~ The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of any heirs, executors, administrators, permit tees, licensees, ar;ents or assigns o~ Grantor and the successors and assigns of Grantee. IN tv'ITNESS WHEREOF, the Grantor executed these presents this 8th day of 11pri1 19 75 . Executed in the presence of: ~ditness CITY OF CHULA VISTA, a: ~'-~'^~ municipal corpor~tsor~ ~ ~ ~~. I~ ~ ~._ ,, ,. rll . Mayor ,~ . ,' 1 ~ ~ . City Clerk DP~t1tv7N BY....~+~;~~.~Y... 1 CHECKED BY.. j'~.......... SKI'TCH NO...r-~,~.2~.... Dl1TE ..... ~./.19~.7.5 .... . MOPAC NO...ZG~5o.:Q5... P.n. i/ 527275 i~ - ~-~ - ~~~ .~I?JNICIPAL CORPORATION FOR^~i STATE CF CALIFORNIA ~ ss. COUNTY OF SAN DIEGO ~ ON THIS 8th day of _I~l~ril 19 75 , befor- me, the undersigned, a notary Public in ar.d for said County ,.xnd St~.te, residing therein, duly comm.-issioned and sworn appeared T , Personall~,~ ^/~~ homers D. Hami1_~:-.ony 7r known. to me to be the l.~,yor, and Jennie M. Fulasz ~ L to be the City Clerk of the ~ mown ~o me City of Chula Vista the municipal corporation that executed the within. Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporat~.on therein named, and acl{no~~,~ledged to me that such municipal corpora- tion executed the same . ~ti'ITNESS my hand and official seal. Notary Public in and for sa .., .,,.,.~~a,~ ~.,,. - ,- ..r -~~~_ ... , ~~, ~ount~v~ and State ~~ ~"`