Loading...
HomeMy WebLinkAboutReso 1987-13163 RESOLUTION NO. 13163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND GRANTING EASEMENT TO OTAY WATER DISTRICT FOR UNDERGROUND WATER FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT OF EASEMENT The City Council of the City of Chula Vista does hereby resolve as follows: That the City of Chula Vista does hereby grant certain easement to OTAY WATER DISTRICT for underground water facilities across City-owned property to serve Kids Unlimited, a child- care center 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 Approved as to form by J n P. L/ip/it~ctor of D. RiChard R sistant P orks/City Engineer City Attorney Form No. 362 10 o ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ChdLA VISTA, CALIFORNIA, this 21st day of July . .. 19 87 , by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Moore, Nader NAYES: Council members None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members Cox J*~*~;hulo Vista S. -,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thot the above ond foregoing is a full, true ond correct copy of RESOLUTION N0. 13163 ,and thot the some hos not been oreended or repealed. ./x,~""' City' Clerk CI Y OF CHULA VISi'A CC~660 !.. ,., I. For .. order's Us. 8 7 t. 8 I 3 7 8 ..o..o. ~se Return To~ VERAL LvZ F t Jc~,,ic 1~1. Fulasz, (.by Clerk 0UNF't R~:C:iF~f); ;; t P. O. :Box 1082 ~ ~uh Vista, Qli~ornia 92012 NO FEE DocumentarF Transfer Tax: None. GRANT OF EASEMENT OF RIGHT-OF-WAY TO OTAY WATER DISTRICT For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned The City of Chula Vista , as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as ar~ n d, situated in the County of San Diego, State of California, as Grantee, a permanent easement of right-of-way g '~ feet in width for the purpose of laying underground water pipelines and laterals, main sewer lines, sewer trunk lines, collection lines and laterals, sewer manholes and other underground and surface structures appurtenant to said water and sew. er lines, including but not limited to power lines for transmission and communication purposes, pumps, regulators, valves and access roads within said easement, hereinafter referred to as "said facilities," together with the right to construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such purposes. Said easement is described as follows: SEE ATTACHED EXHIBIT "A" GRANTEE SHALL BE LIABLE FOR ANY LOSS OR DAMAGE TO GRANTOR BY REASON OF GRAntEE ' S NEGLIGENCE OR MISCONDUCT IN THE INSTALLATION, MAINTENANCE OR OPERATION OF ITS WATER LINE. Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not conflicting, interfering or inconsistent with Grantee's use of said facilities. Grantor waives any right under Civil Code section 845, and any right to compel Grantee to grade, surface or otherwise improve or maintain said easement area as a roadway. Grantor shall not increase or decrease or permit to be increased or decreased the ground elevations of said ease- ment existing at the time this document is executed, nor construct or permit to be constrUe;ted any permanent build- ing, structures, improvements or other encroachment upon said easement, without previoqs written consent of the r- 2tee. Grantor shall not cause or permit any excavation adjacent to said easement which~will cause damage to or aten the safety of any of said facilities of Grantee placed within the easement. Grantee may remove from the easement any building, struc!ure, improvement or other,encroachments thereon conflicting, interfering or inconsistent with its use for the purposes hereby granted. Grantee shall have the right to install its own gates and locks in all fences which now cross Or may hereafter cross said easement. Grantor may use said land as a driveway and to the extent of such use may surface or pave the area: subjeer 6nly tO the restrictions as to ch~.nges in existing ground elevations set forth above. ' : Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the above mentioned facilities in the event such conflict with future development of said properly, provided that Grantor does not caUSe discontinuance of service to any area, and provided, further, that G rantee receives, without expense to Grante! easement comparable to this easement for said relocated facilities. Grantee shall never be required to reloca~ alter in any way any of the facilities installed pursuant to this grant of easement, or to bear any cost in connection therewith as a result of changes in the location of any of said facilities. Grantee shall have the right to transfer and assign this easement to its successor in interest, or to any other politi- cal subdivision or public utility for use of the above stated purpose. Date: A,,~,,~- F, _ 1 q~7 Grantor(s): ~ / INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) On this day of , in the year before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed tc instrument, and acknowledge that executed it. Notary Public in and for said County and State CORPORATE ACKNOWLEDGMENT: STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) On this 6 th day of August . in the year __1987 before me, a Notary Public in and forsaidCountyandState, personaltyappeared__~ Gregnry R. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Mayor_, City of Ch,1 a Vi~r~ or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (2) ': 1018 EXHTB][T "A" Legal description of easement for water main and utility purposes from the City of Chula Vista in favor of Otay Water District. That portion of the West Half of the Northwest Quarter of the Northwest Quarter of Ouarter Section 68 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 166, filed in the Office of the County Recorder of San Diego County, more particularly described as follows: Beginning at the Northwest corner of Quarter Section 68 per record Map No. 8723 of E1 Rancho Del Rey Unit No. 5 recorded in said County; thence North 72°12'42'' East along the Northerly line of said Quarter Section 68, a distance of 28.07 feet; thence South 57°41'10" East, a distance of 193.87 feet along the Northerly 1 i ne of property conveyed to the Otay Water Di strict by Corporation Quitclaim deed recorded on January 13, 1982, in said County per File/Page Number 82-009403 to the Northeast corner of said property, also being the True Point of Beginning; thence continuing South 57°41'!0'' East, a distance of 45.45 feet along the Northerly line of Parcel 2 conveyed to the City of Chula Vista per deed recorded on August 16, 1978 in said County per File/Page Number 78-346837 to the beginning of a tangent 1477 foot radius curve, concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 8°18'04'', a distance of 213. g9 feet to the East line of said West half; thence South 17°52'33" East along said East line, a distance of 22.07 feet to a point in the arc of a 1493.5 foot radius curve, concave Northeasterly, a radial to said point bears South 23°26'51'' West; thence Northwesterly along the arc of said curve through a central angle of 8°51'59'', a distance of 231.12 feet; thence North 57041'10" West, a distance of 45.45 feet; thence North 32°18'50" East, a distance of 16.5 feet to the True Point of Beginning.