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HomeMy WebLinkAboutReso 1987-13197 55! RESOLUTION NO. 13197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASEMENT FOR TIDELANDS AVENUE BETWEEN "F" STREET AND "G" STREET FROM THE SAN DIEGO UNIFIED PORT DISTRICT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista's current easement for Tidelands Avenue within the Port District's property north of "G" Street expires on August 31, 1987, and WHEREAS, the Port District has prepared a new document extending the easement to August 31, 1992. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain grant of easement for Tidelands Avenue between "F" and "G" Streets executed by the San Diego Unified Port District, a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein be, and the same is hereby accepted by the City of Chula Vista for Tidelands Avenue. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said easement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to record said easement in the office of the San Diego County Recorder. Presented by Approved as to form by · ' ' ar on' City Attorney 3202a ~ ~ 552 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~,HULA VISTA, CALIFORNIA, this 18th day of August 19 87 , by the following vote, to-~if: AYES: C0unci]members Moore, Nader, Malcolm, McCandliss, Cox NAYES: Councilmembers None ABSTAIN: Counci 1 members None None ABSENT: Counci lmembers ~~C~'ty of~Chula Vista City' Clerk ~' o' ,..ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13197 ,ond thor the some hos not been omendad or repeoled DATED ~ /" City Cler~ ~'/ CI'P' CHU v'lSl"A CC-GGO SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged, hereby grants to the CITY OF CHULA VISTA, amunicipal corporation, its successors and assigns, hereinafter called "Grantee", an easement for street purposes. Said easement rights .shall commence on September 1, 1987, and will terminate on August 31, 1992, unless sooner terminated as herein provided, and shall be for the purpose of construction, operation, maintenance, repair, replacing, inspection, and removal of a street upon, over and across that portion of Grantor's land situated in the County of San Diego, State of California, and more particularly described as follows: Approximately 20,360 square feet of tideland area located in the City of Chula Vista, California, more particularly described in the Legal Description and delineated on Drawing No. 1889-B, attached hereto marked Exhibits "A" and "B" and by this reference made a part hereof. 1. Grantee shall have ingress and egress to and along the land described above via practical routes across the adjacent land of Grantor, said routes to be determined by Grantor from time to time. 2. In the event Grantee disturbs the surface of the easement area during the installation, construction, maintenance, repair and/or removal of its street, Grantee shall do so in such a manner as will cause the least injury to the surface of the ground and any improvements thereon. Grantee shall restore the ground and any improvements thereon to substantially the same conditions as existed immediately prior to any such disturbance. 3. Grantor expressly reserves the right to grant easements in, upon, over and across the easement granted herein for any purpose whatever not inconsistent or incompatible with the rights and privileges granted herein. The easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded and unrecorded, affecting said land. i DUPLICATE-ORIGI.NAL ~. This easement may be terminated by either party upon the giving of one-hundred eighty (180) days' notice in writing to the other party of the intention to so terminate, and Grantor expressly reserves the right to cancel this easement by giving one hundred eighty (180) days' notice in writing to Grantee and to make without notice any changes or improvements on or about the premises without incurring any liability whatsoever to Grantee for any damage or loss occasioned by such cancellation or by the making of such changes or improvements. 5. No construction or major repairs of the street shall commence without prior approval of the plans and specifications by Grantor, except for necessary emergency repairs. In the case of emergency repairs, Grantee will give Grantor written notification within ten (10) days from the commencement of the emergency repair and will obtain Grantor's approval within ninety (90) days from the commencement of the emergency repair. The street installed pursuant to this agreement shall be constructed and maintained in a careful and workmanlike manner and shall conform to all applicable laws and regulations. 6. Paving, installations, or improvements of any kind previously placed or hereafter placed in the easement area by Grantee shall at the option of Grantor be removed by Grantee within sixty (60) days after the expiration of the term of this easement or sooner termination thereof. Grantor may exercise said options as to any or all of the paving, installations, and/or improvements either before or after the expiration or sooner termination of the easement. If Grantor exercises such option and the Grantee fails to remove such paving, installa- tions or improvements within said sixty (60) days, the Grantor shall have the right to have such paving, installations or improvements removed at the expense of Grantee. As to any or all paving, installations or improvements that Grantor does not exercise said option for removal, title thereto shall vest in the Grantor. 7. Grantee shall at all times indemnify and same harmless Grantor against and pay in full any and all loss, damage, or expense that Grantor may sustain, incur, or become liable for, resulting in any manner from the construction, maintenance, state of repair or presence of Grantee's street and all improvements and equipment used in connection therewith, including any such loss, damage, or expense arising out of (a) loss of or damage to property, and (b) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting in any manner from the negligent act or acts of the Grantor, its contractors, officers, agents, or employees. 8. In the event said easement is no longer required or if said easement is not used for the purposes intended for a period of one hundred eighty (180) days, whichever is sooner, all rights herein granted shall revert to Grantor, its 2 successors or assigns, automatically and without the necessity of reentry or notice. Grantee shall furnish Grantorion demand a good and sufficient Quitclaim Deed of all its rightS, title and interest in the above described real property. 9. The terms, covenants and conditions of this easement shall be binding upon and insure to the benefit of all heirs, executors, administrators, permittees, licensees, agents, assigns or successors of any kind of both Grantor and Grantee. DATED: [_~ , 19 . APPROVED: As to Form and Legality SAN DIEGO UNIFIED PORT DISTRICT By JOSEPH D. PATELLO * m - ' PortA~or~e As to Engineering and CITY A Legal Description (Port District Acknowledgment) State of California ) County of San Diego ) ss ~t~7',~f/"./~F'~/~of the San Diego Unified Port District, ¥public corporation, and kn'Dwn to me to be the person who executed the within instrument on behalf of said public corporation and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. $8ALLY LOMBARD~ otaP/Publlc-Celtfomia N D Ccemenctng at the point of intersection of the center line of "G" Street in the City of Chula Vista as said "G" Street was established as and for a public street by the City Council of the City of Chula Vista by Resolution rio. 4205 (S.D.U.P.D. Document No. 2249) with the Ordinary tligh Water Mark of the Bay of San Diego as said Ordinary High Water Mark is delineated on map entitled "Map of the Lands Transferred to the San Diego Unified Port District Pursuant to Chapter 67, Statutes of lg6g, 1st E.' S., Vicinity of San Diego Bay, San Diego County, California," filed in the Office of the San Diego County Recorder May 28, 1976, as Miscellaneous Map Ho. 564, File liD. 76-164686, said point of intersection lying south 58° 28' 24" east a distance of 78.65 feet from O' Hemecour~t Station No. lO7 on said Ordinary High Water Mark; thence south 72° 12' 00" west along said center line of "G'~ Street a dtstan'ce of 329.10 feet; thence leaving said center line of "G" Street at right angles north 17° 48' 00" west a distance of 31.00 feet to the TRUE POINT OF BEGIrONING; thence south 72° 12' 00" west a distance of 50.04 feet; thence north 15° 37' OO" west a distance of 179.82 feet to the beginning Of a tangent curve concave to the southwest having a radius of 175.00 feet the center of which bears south 74° 23' 00" west; thence northwesterly along the arc of said 175.00 foot radius curve through a central angle of 36° 04' 00" an arc distance of 110.16 feet to a point which bears north 38°19' DO" east from the center of said 175.00 foot radius curve; thence tangent to said 175.00 foot radius curve north 51° 41' 00" west a distance of 108.47 feet to the beginning of a tangent curve concave to the northeast having a radius of 225.00 feet the center of which bears north 38° 19' 00" east; thence northv~sterly alceg the are of said 225.00 foot radius curve through a central angle of 4° 58' 39" an arc distance of 19.55 feet to a point which bears south 43° 17' 39" west fr~n the center of said 225.00 foot radius curve, said point also being a point of inter- section with the above described Ordinary High Water Mark; thence along said Ordinary High Water Mark north 84° 47' 56" east a distance of 71.38 feet; thence leaving said Ordinary High Water Mark south 51° 4l' 00" east a distance of 76.23 feet to the beginning of a tangent curve concave to the southwest having a radius of 225~00 feet the center of which bears south 38° 19' OO" west; thence southeasterly along the are of said 225.00 foot radius curve through a central angle of 36° 04' 00" an arc distance of 14h63 feet to a point which bears north 74° 23' 00" east from the center of said 225.00 foot radius curve; thence tangent to said 225.00 foot radius curve south )5" 37' 00" east a distance of 177.91 feet to the TRUE POItiT OF BEGINNING, containing 20,360 square feet or 0.467 acres of tideland area. The above described area is that delineated on drawing No. 1889-B, dated 20 April 1977 and incorporated in this agreement. o.,w, PD0/.tq SAN DIEGO UNIFIED PORT DISTRICT .^rE 20 Apr. 1977 ,mv~EwE~ ~t-~o. TIDELAND EASEMENT Within Corporate Limits of Chula Vista ~ CITY OF CHULA VISTA 1889-B eO, 5~O SQ. FT. ~: riG"' STREET TP.O.~. ~ ~ N~T~ ~nAwN SAN DIEGO UNIFIED PORT DISTRICT CITY OF CHULA VISTA EXHIBIT "B" 549 SAN DIEGO UNIFIED PORT DISTRICT ORDINANCE 1232 AN ORDINANCE GRANTING AN EASEMENT TO CITY OF CHULA VISTA The Board of Port CommiSsioners of the San Diego Unified Port District does ordain as follows: Section 1. The easement between the San Diego Unified Port District and the City of Chula Vista, for street purposes, in- cluding construction, operation, maintenance, repair, replacing, inspection and removal, located on Tidelands Avenue, between "F" and "G" Streets, in the City of Chula Vista, on file in the office of the District Clerk as Document No. 21139 , is hereby approved and granted. Section 2. The Port Director or his authorized representa- tive is hereby directed to execute the said easement with the City of Chula Vista on behalf of the District. Section 3. This ordinance shall take effect on the 31st day from its publication. Presented By: DON L. NAY, Port Director Approved: JOSEPH D. PATELLO, Port Attorney sw 9/10/87 550 San Dieqo Unified Port District Office of the Clerk CERTIFICATION OF VOTE ~' Passed and adopted by the Board of Port Commissioners of the San Diego Unified Port District on September 15 1987, by the following vote= Commissioners Yeas Nays. Excused Absent Abstained Raymond W. Burk Phil Creaser W, Daniel Larsen Milford W. Portwood x Delton C. Reopelle William B. Rick ~ ..... Louis M. Wolfshetmer ~ !. Au~-n~NTICATED BYx Chairman of t'he' 'Board of Port Commissioners CHRISTINE M. STEIN Clerk of the san biego unified Port District Deputy Clerk (Seal) Resolution Number= .... Or Ordinance Number= 1232 Adopted= 09-15-87 UPD Form 022 (Rev. 1/87)