HomeMy WebLinkAboutReso 1987-13170 RESOLUTION NO. 13170
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANTS OF EASEMENT 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 those certain grants of easement
for drainage pu~poses~Telegraph Canyon Creek Flood Control Channel project
executed by Greenbrier Apartments Ltd., Earl Scheib Realty Corp.', Vito Comes,
Martha Griffith, Ratner Corporation, O. J. Evenson, et al, and Southern
California Paper Inc.
copies of which are attached hereto and by this reference made a
part hereof as though fully set forth herein, be and the same are
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 easements in the office of the San Diego County
Recorder.
Presented by Approved as to form by
Pb~iPc'works/City Engineer Attorney
Form 320(a)
2887a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
L, .dLA VISTA, CALIFORNIA, this 28th day of July
19 87 , by the following vote, to-wit:
AYES: Councilnmembers Moore. COx, McCandliss Malcolm, Nader
NAYES: Councilmembers NOne
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
City Of Chulo Vista
ATTEST
City Clerk
S .'E 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 thor the obove and foregoing is o full, true ond correct copy of
RESOLUTION N0. 13170 ,and that the some hos not been amended or repealed
DATED
City Clerk
CI'[Y OF
CHUI VISrA
CC-660
Hartken, Cono & Co.
A CALIFORNIA CORPORATION
April 22, 1986
Betty Butt
County of San Diego
Building 2, Operations Center
5555 Overland Avenue
San Diego, CA 92123
Dear Betty,
Enclosed you will find the following items you requested:
1. Executed originals of the Real Property Contract,
Drainage Easement, and Statement of Just Compen-
sation.
2. Copy of the Certificate of Partnership and related
Secretary of State registration certificate.
3. Copies of relevant Partnership Agreement provisions
related to authority (I am unable to provide a full
copy since there is sensitive information which must
remain confidential). I hope what I have provided
will work for you.
Please be sure to provide me with fully executed copies of
the documents in Item 1 above in order to complete my files
on the matter. Thank you for your cooperation and patience
in getting this process complete.
Sincerely,
A1 Assad, Jr.
Vice-President
AAjr:plb
Enclosures
8526 EL CAJON BOULEVARD · SAN DIEGO CALIFORNIA 92115-2797 · (619) 287~4770 ~ '
Priorities Asong Limited Partners
Section 4.08 No Limited Partner shall be entitled to any
priority or preference over any other Limited Partner as to the
distribution of cash available for distribution.
ARTICLE 5. MANAGEMENT OF PARTNERSHIP AFFAIRS
Control and Management
Section 5.01 The General Partners shall have sole and exclu-
sive control of the Limited Partnership. Subject only to limita-
tions and required vote by Limited Partners expressly set forth in
this Agreement, the General Partners shall have the power and
authority to take such action from time to time as they may deem
to be necessary, appropriate, or convenient in connection with the
management and conduct of the business and affairs of the Partner-
ship, including without limitation the ~ower toz
(a) Acquire property, including real or personal
erty for the use of the Partnership upon such terms and conditions
as the General Partners may, from time to time, determine to be
advantageous to the Partnership~
(b} Dispose of all or any portion of Partnership
ssets, including the Property, from time to time, when the
Jeneral Partners deem such disposition to be in the best interests
of the Partnership~
(c) Finance and refinance the Partnership's activities
by borrowing money from third parties on such terms and under such
conditions as the General Partners deem appropriate. When money
is borrowed for Partnership purposes, the General Partners shall
be, and hereby are, authorized to pledge, mortgage, encumber, or
grant a security interest in Partnership assets, including the
Property, as security for the repayment of such loans~
(d} Employ, retain, or otherwise secure the services of
such personnel or firms deemed necessary by the General Partners
for or to facilitate the conduct of the Partnership business
affairs, all on such terms and for such consideration as the
General Partners deems advisable; and
(e) Take any and all other action which is permitted by
law and which is customary in or reasonably related to the conduct
of the Partnership business or affairs.
Term Of P~rtnership
Section 1.05 ~he term of the Partnership shall commence on
the date of this Agreement and shall continue until December 31,
2050, unless earlier dissolved as herein provided.
Certificate of Limited Part~ershi~
Section 1.06 T~e General Partners shall immediately execute
a Certificate of Limited Partnership (the "Certificate") and cause
that Certificate to be filed in the office of the Secretary of
State of California. Thereafter, one or more of the General
Partners shall execute and cause to be filed certificates of
amendment of the Certificate whenever required by the Revised
California Limited Partnership Act or this Agreement. The General
Partners shall execute and cause to be filed such original or
amended certificates, or similar documents, evidencing the forma-
tion and operation of the Partnership whenever required under the
laws of any other states where the Partnership shall determine to
do business. The General Partners shall also record a certified
copy of the Certificate and any amendment thereto in the office of
the county recorder in every county in which the Partnership owns
real property.
Glossar~ of Terms
Section 1.07 Except as otherwise stated in this Agreement,
the terms defined in this Section shall for the purposes of this
Agreement have the meanings herein specified.
(a) "Agreement" shall mean this Limited Partnership
Agreement, as amended from time to time.
(b) "Cash Available for Distribution" shall mean total
cash revenues generated by the Property and miscellaneous sources
(other than Cash From Sales or Cash from Refinancing), less cash
expenditures, including fees for services to the General Partner
or any Affiliate of the General Partner, debt service and operat-
ing expenses, and less amounts set aside for reserves as deter-
mined in the sole discretion of the General Partners.
(c) "Cash From Refinancing" shall mean the net cash
proceeds from financing or refinancing of the Property remaining
after all expenses and costs related to the transaction and reten-
tion of reasonable reserves as determined in the sole discretion
Of the General Partners.
(d) "Cash From Sales" shall mean the net cash proceeds,
from a sale of other disposition Of all or any portion of the
Property remaining after all expenses and costs relating to the
transaction and retention of reasonble reserves as determined in
LIMITED P~.RTNERSHIP INTERESTS NOT REGISTERED OR QUALIFIED
!iUNDER FEDERAL SECURITIES LAW OR ANY STATE SECURITIES LAW. TRANS-
FER IS RESTRICTED. SEE SECTION 8.03 OF THIS AGREEMENT.
LIMITED PARTNErHIP AS~X~a~ENT
~'e~hle
AGREEMENT of~imited Partnership '
A~ ASSAD, Jr., hereinafter referred to as "General Partners," and
the persons listed as limited partners on the signature page,
hereinafter referred to as "Limited Partners";
IT IS HEREBY AGREED:
ARTICLE 1. THE PARTNERSHIP
Fozlmation of Limtited Partnership
Section 1.01 The General Partners and the Limited Partners
hereby agree to form a limited partnership, hereinafter referred
to as "the Partnership," pursuant to the provisions of the Calif-
ornia Revised Limited Partnership Act.
Name of Partnership
Section 1.02 The name of the Partnership shall be Greenbrier
Apartments, Ltd., a California Limited Partnership. The business
of the Partnership shall be conducted under that name.
Purpose of Partnership
Section 1.03 The Partnership shall engage in the business of
owning, operating, managing, and holding for investment the real
property and improvements located in Chula Vista, California and
as more particularly described in "Exhibit A", together with
improvements to be constructed thereon as described in Section
1.08 (the "Property"), and such activities as are related Or inci-
dental thereto, including construction of additional improvements
if deemed appropriate by the General Partners.
Principal Place of Business
Section 1.04 The principal place of business of the Partner-
ship shall be at 6526 E1 Cajon Boulevard, City of San Diego, San
Diego County, California, or at such Other place within San Diego
County, California as may be determined from time to time by the
General Partners.
- 1'-
i ThisCertificateispresentedf~rfi~ingpursuantt~Chapter3~Artic~e2~Sedi~n15621~C~~if~miaC~rp~ra~~nsC~de'
~r Apartments, Ltd. , A California Limited Partnership
6526 E1 Caion Blvd. San Diego, CA 92115-2797
N / A CAL_IF.
NAME~ G(~ne C, Hartken
ADo.~ss: 6526 E1 Cajon Blvd.
CITY: San Diego, STATE CalifOrnia ZIP CODE 92115--2797
NAME Charles COnO
ADDRESS: 6526 E1 Cajon Blvd.
c,tv: San Diego S~^tE California ~. CODE 92115--2797
N,,mE: A1 Assad, Jr.
AOO.ESS= 6526 E1 Cajon Blvd.
ic,~: San Diego, ' ~ATE CalifOrnia mp CODE 92115--2797
~NAME: Emmanuel Savitch
i*~=- 530 B Street, Suite 1900
n San Diego, ~.~?~.~%:_,~'/California Z, PCODE 92101
TEe~ FOe WH,CH ~H,S .A.~E.SH~P ~S ~O Q~ hall C tlnue until December 31,
Term shall comence on nds on '
2050. unless earlier dissolved as provide~_~n the Partnership Agreement.
~"'~' ~'~;~':""'". ...."' ......~' ~"' ......"'"~*"FILED
s
b ~ t~ ~ the ~taq ~ i
). return ACKNOWLEDGMENT TO: JUL 0 5 1985
.
~e ~ ~U~)
Dennis Mcgee
530 "B" Stzeet. Suite 1900
.1O
San D~ego, CaZ~ozn~a 92101
%ti
That the annexed transcript o ] page(s) was prepared by ~R 2.00 6.j
and in this office from the recor~ on file, of which it purports to be a G 1.00
copy, and that it is full, true and correct. "
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
JUt 12 1985
San Diego, \t~.~,~.._~:__~SM~'/California
imM FOR WHICH THIS PARTNERSHIP IS TO EXIST %'~~ ' O tlnue
Term shall commence on ~r~ /~nd shall c n ' until December 31,
2050. unless earlier dissolved as provided_~in the Partnership Agreement.
THE PURPOSE OF FILING AMENDMENTS, DISEOLUT~ON AND CANCELLATION C~RTIFICATES PERTAINING TO THIS
/ a Jr // C 1 I~* THIS SPACE FOR FILING OFFtCER
erie C Hanke Charles ono
,./t-~l' __ __ __
~ ""' "~"""'"' °' ~""" ...."""" FILED
A1 ss d, .
II) ~
ef I1~ ~tlte of California
~ETURN ACKNO~L;DG~NT
' Dennis McKee
530 "B" Street. Suite 1900
San Diego, California 92101
~, L J
REAL PROPERTY CONTRACT
San Diego, California Project Title: Telegraph Canyon Creek
Flood Control
Work Order No.: TE2572
, 1985 Parcel No.: 84-0235A
Federal No.: None
GRANTOR(S)
GREENBRIER APARTMENTS, LTD.
a California Limited Partnership
An easement for drainage in the form attached hereto as Exhibit "A" and
made a part hereof, has been executed and delivered to Betty Burt, Real Property
Agent of the County of San Diego, for acceptance by the City Council of the
City of Chula Vista hereinafter called City.
In consideration of which, and other considerations hereinafter set forth,
it is mutually agreed as follows:
1. The performance of this agreement constitutes the entire consideration
for said document and shall relieve the City of all further obligation
or claims on this account, or on account of the location, grade,
construction or operation of the proposed public improvement.
2. The City shall:
A. Pay to the order of the undersigned grantor(s) the sum of $2,700
for the property and interest conveyed by the above document(s)
within sixty (60) days after title to said property vests in
the City free and clear of all liens, encumbrances, assessments,
easements and leases (recorded and/or unrecorded) and taxes,
except:
(1) Exceptions No. 5, 7, 14, 15 set forth in Title Report
No. 882379-3 dated December 17, 1984, issued by First
American Title Insurance Company.
B. Pay all escrow and recording fees incurred in this transaction,
and if title insurance is desired by the City, the premium
charged therefor.
C. Have the authority to deduct and pay from the amount shown
in Clause 2A above, any amount necessary to satisfy:
(1) Any delinquent taxes due in any fiscal year except the
fiscal year in which this escrow closes, together with
penalties and interest thereon and/or delinquent or
nondelinquent assessments or bonds except those which
title is being taken subject to in accordance with the
terms of this contract.
(2) Taxes for the fiscal year in which this escrow closes
which shall be cleared and paid in the manner required
by Section 4986 of the Revenue and Taxation Code, if unpaid
at the close of escrow.
3. It is mutually agreed between the parties hereto that the City is
authorized to pay any or all monies payable under this contract
up to and including the total amount of unpaid principal and interest
~ on note(s) secured by mortgage{s) or deed(s) of trust, if any, and
~ all other amounts due and payable in accordance with the terms and
conditions of said trust deed(s) or mortgage(s) upon demand(s) to
be made payable to the mortgagee(s) or beneficiary(s) entitled
thereunder; said mortgagee(s) or beneficiary(s) shall furnish grantor
with good and sufficient receipt showing said monies credited against
the indebtedness secured by said mortgage(s) or deed(s) of trust.
4. It is mutually agreed that the City is authorized to pay from the
total proceeds of this transaction not demanded by the mortgagee(s)
or beneficiary(s) of the mortgage(s) or deed(s) of trust hereinabove
referred to, such sum as may be demanded by judgment creditors or
any other lien holders under any judgment or lien recorded against
said property, provided that such sum shall not be in excess of
the unpaid balance together with reasonable costs and charges.
Such sum shall be applied to the indebtedness secured by the above
mentioned judgment and or lien.
5. Grantor warrants that there are no oral or written leases on all
or any part of the property exceeding a period of one month, and
the grantor agrees to hold the City harmless and reimburse the City
for any and all of its losses and expenses occasioned by reason
of any lease of said property held by. any tenant of grantor for
a period exceeding one month.
6. The undersigned grantors hereby agree and consent to the dismissal
of any eminent domain action which may be filed against the parcel
described in Exhibit "A" and also waive any and all claims to any
money that may be deposited in the Superior Court in said action.
7. It is mutually understood and agreed by and between the parties
hereto that notwithstanding other provisions of this contract the
right of possession and use of the subject property by the City,
including the right to remove and dispose of improvements shall
commence upon approval of this contract by the City Council, so
that the amount shown in Clause 2A herein includes, but is not limited
to, full payment for such possession and use, including damages,
if any, from said date.
8. The undersigned grantor(s) hereby covenant and agree to indemnify,
defend and hold the City harmless from any and all claims that other
parties may make or assert against the title to the premises. The
grantor's obligation herein to indemnify the City shall not exceed
the amount paid the grantor under this contract.
9. During construction, at City expense the City shall protect, replace,
relocate, or repair as necessary any of Grantor's improvements adversely
affected by construction including, but not limited to concrete
block trash enclosure , fencing, berms, asphalt paving and landscaping,
and shall relocate as necessary gas and electric facilities
without interruption of service during construction.
10. All work done under this Agreement shall conform to all applicable
laws, ordinances or regulations relating to such work, and shall
be done in a good and workmanlike manner. All improvements or other
facilities of any kind, when removed, and relocated, or reconstructed
by the City shall be left in as good condition as found.
11. Grantor understands that funding to carry out the terms of this
contract will not be available until a later date, that the contract
is not valid until the City Council has approved it and that Grantor
may rescind the terms of this document in writing at any time before
said Council approves it.
12. This written contract contains the complete agreement of the parties.
No other promises or representations have been made by either party.
No consideration other than that set forth herein will be honored.
This agreement may be changed only if the change is in writing and
is signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
GREENBRIER APARTMENTS, LTD..
By X~
CI
By: /~ ~ ?.
Gregor ~ C~, Mayor
REAL PROPERTY CONTRACT AND ESCROW INSTRUCTIONS
San Diego, California Project Title: Telegraph Canyon
Flood Control
Work Order No.: TRO056
· 198 Parcel No.: 87-0182A
' Federal No.: None
GRANTOR
MARTHA C. GRIFFITH, Trustee
A temporary construction easement deed in the form attached hereto
as Exhibit "A" and made a part hereof, has been executed and delivered to
Meal Property Agent Betty Burt, for acceptance by the City Council of the
City of Chula Vista hereinafter called City.
In consideration of which, and other considerations hereinafter
set forth, it is mutually agreed as follows:
1. The performance of this contract constitutes the entire
consideration for said document and shall relieve the City of
all further obligation or claims on this account, or on
account of the location, grade, construction or operation of
the proposed public improvement.
2. The consideration for the property described in Exhibit "A"
shall be $14,100. Said consideration includes any and all
severance or other damages, and grantor hereby waives any
rights to said damages.
3. It is understood and agreed by and between the parties hereto
that payment in Clause 2 above includes· but is not limited
to, payment for the garage, laundry facilities and three
mature trees (angelbell, olive, and white mulberry) which are
considered to be part of the realty and are being acquired by
the City in this transaction.
4. Grantor shall be allowed to remove any personal property
prior to beginning of construction, scheduled for July 20,
1987, including but not limited to plants and items in
garage.
~/~z' 5. Grantor may have washing machine relocated and may buy
~ storage shed. City shall reimburse grantor a total of up to
~; $5e~.~0 within 30 days of submittal of bills for said
relocation and purchaseX~.~~ ~.~
6. City shall during construction:
A. Protect bougainvillea on south side of garage.
B. Preserve enclosure for boat.
C. Protect and keep in service any utilities affected
by the project.
D. Relocate and keep in service large lighted sign for
seafood restaurant. Relocate sign to original
location at completion of construction.
E. Relocate and keep in service irrigation system
affected by project.
7. City shall:
A. Remove and reinstall as appropriate 200 feet of the
six-foot chain-link fence.
B. Replace asphalt drive and concrete drive.
C. Remove and retain for owner the doghouse and the TV
- AM/FM Antenna on garage roof.
8. Grantor warrants that there are no oral or written leases on
all or any part of the property exceeding a period of one
month. Grantor agrees to hold the City harmless and reimburse
the City for any and all of its losses and expenses
occasioned by reason of any lease of said property held Dy
any tenant of grantor for a period exceeding one month.
9. Grantor hereby agrees and consents to the dismissal of any
eminent domain action which may be filed by the District
against the parcel described in Exhibit "A" and also waive
any and all claims to any money that may be deposited in the
Superior Court in said action.
10. It is mutually understood and agreed by and between the
parties hereto that notwithstanding other provisions of this
contract the right of possession and use of the subject
property by the City, including the right to remove and
dispose of improvements shall commence upon approval of this
contract by the City Council, so that the amount shown in
Clause 2 herein includes, but is not limited to, full payment
for such possession and use, including damages, if any, from
said date.
11. Grantor hereby covenants and agrees to indemnify, defend and
hold the City harmless from any and all claims that other
parties may make or assert against the title to the
premises. The grantor's obligation herein to indemnify the
District shall not exceed the amount paid the grantor under
this contract.
12. City shall not prevent grantor from replacing garage with a
new garage no larger than 20' X 22' at location at which
garage now stands. New garage shall meet other current
building code restrictions.
13. All work done under this contract shall conform to all
applicable building, fire and sanitary laws, ordinances or
regulations relating to such work, and shall be done in a
good and workmanlike manner. All structures, improvements,
or other facilities, when removed and relocated or
reconstructed by the City shall be left in as good condition
as found.
14. City shall not be bound by this contract if, in its sole
estimation, construction of channel can be accomplished
without use of construction easement. Grantor shall be
informed in writing no later than June 23, 1987, if the
easement is not needed by the City.
The parties hereto have herein set forth the whole of their
agreement. No consideration other than that set forth herein will be
honored.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
CITY OF CHULA VISTA
/ ~ /' ~ Mayor
THIS INSTRUMENT TO: 1
1
City C~erk 1
City of Chula Vista 1
276 FOurth Avenue 1
Ch,,)a Vista, California 92010 1
} 1
~4b ~RANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ONLY
TEMPORARY CONSTRUCTION EASEMENT
Assessor's Parcel Project: Telegraph Canyon Channel
No. 618-010-17 W.O. No.: TRO056
Parcel No.: 87-0182-A
Log No.: 8704-01
MARTHA C. GRIFFITH, trustee under .Declaration
of Trust dated December 4, 1973, wherein Caroline Bransztet is Trustor
For a valuable consideration does hereby GRANT to the CITY OF CHULA VISTA a temporary
Construction Easement in the County of San Diego, State of California:
Parcel No. 87-0182-A {5-25-87) {WAR:DMW:cd)
A temporary construction easement for the purpose of operating construction
equipment and vehicles; for the temporary storage of building material and
equipment necessary for the construction of a flood control channel and its
appurtenances; for temporary storage of spoil or excavated material during
the perioc of construction of said flood control channel and for any other
operations necessary and incident to the construction of said flood control
channel over and across the Northwesterly 10.50 feet of Parcel i of Parcel
Map No. 5!53 in the City of Chula Vista, County of San Diego, State of
California according to Parcel Map thereof on file in the Office of the
County Recorder of the County of San Diego.
Grantee shall, upon completion of construction of the flood control channel,
and upon application of the Grantor, deliver, at no cost to Grantor, an
executed Quitclaim Deed for the land described above as a temporary
construction easement.
EXHIBIT "A"
Dated this gay of
MARtHA C. GRIPFITH. trustee
STATE OF )
County of )
On .19 before me. the undersigned a Notary Public in and for
1
said County ar.~ State. ~er'F~ ly appeared
known to me tc be the person whose name subscribed to
the within instrument, and acknowledged that ~xecuted the same.
', ,ess my hanc and official seal.
Notary Public in and for said County and State
R~cording requested by:
When recorded, return to:
Space Above For Recorder's Use Only ....
Project: Telegraph Canyon Channel Project
W.O. : TRQ056
Parcel:
Fed. No.: ~on~
RIGHT OF ENTRY
Permission is hereby qranted to enter upon our land, known as Assessor Parcel
Number ,t:'l*(~'~,/2, ~s shown oA~cxhibit "A" attached hereto, for the purpose of
construCt'ing a drainage channel omplishing all necessary incidents thereto.
It is understood that this permission is not a waiver in any way of the right to
compensation for such land or of any remedy authorized by law to secure payment
therefore and is subject to the conditions of Exhibit "B" attached hereto, and by
this reference incorporated herein.
This permission is granted in consideration of the location, improvement and
~onstruction of such drainage channel and incidents thereto, which it is
understood is required by the City of Chula Vista, with the understanding that
City will hereafter without unnecessary delay, negotiate with the undersigned,
and any other person, if any, having any right, title, or interest in said
property, to agree upon terms of compensation and that, if any agreement cannot
be reached City will promptly commence eminent domain proceedings, including a
deposit of funds to support an Order for Possession, to have such compensation
determined.
Section 1245.235 of the Code of Civil Procedure requires the City of Chula Vista
to give each person whose property is to be acquired by eminent domain notice and
reasonable opportunity to appear before the City Council and be heard on the
matters referred to in Section 1240.030 of the Code of Civil Procedure, which
provides:
"The power of eminent domain may be exercised to acquire property for a
proposed project only if all of the following are established:
"(a) The public interest and necessity require the project." ~'~-~--
"(b) The project is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury."
"(c) The property sought to be acquired is necessary for the project."
~y granting this right of entry to the City of Chula Vista, we hereby waive our
~ight to appear and be heard on matters referred to in Section 1240.030 of the
Code of Civil Procedure, as quoted above. We agree that the City can establish
the truth of the above-quoted matters, and we will not contest the adoption of a
resolution of necessity by the City of Chula Vista. Therefore, because Section
1245.250 of the Code of Civil Procedure states that the adoption of a resolution
of necessity by the City of Chula Vista conclusively established the matters
quoted above, it is understood that the issues which will be determined in any
subsequent eminent domain proceeding will be limited to those of just
compensation as they relate to the property covered by this agreement and no
issues will be raised therein or in preliminary proceedings thereto challenging
the public use or necessity of the project, or the utilization therefor of the
property covered by this right of entry.
It is further understood that the City of Chula Vista will pay prejudgment
inter~f nn fh~ i~J~ Cn_mp~nSafinn paid a~ fhe l~n~l r~f~ ~ t~n ~=rr~nf n~r'
annum, from the date of possession by the City of Chula Vista. If judgment is
rendered in a condemnation action, post judgment interest shall be at the rate of
ten percent per annum.
This Right of Entry shall terminate upon the acceptance of the completed project
by Chula Vista City Council, or on December 31, 1989, whichever occurs first, and
until such time is irrevocable.
This Right of Entry shall be binding upon Owner's heirs, assigns and successors,
~d City is hereby authorized to record this Right of Entry with the San Diego
Dated
Dated
Acknowledgment)
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council
Resolution ~fo./~-~/~, adopted on July 21, 1987, and the Grantee
DATED: /O"'~'S'r) ' REG Y . ~
G ~ ~
/ ' / .... OX, ~AYOR
, ~,.-.,c~ ~i~ [E~EGRAPH CHANNEL - RIGHT OF ENTRY
AUI~RI2ED DEMLING APN 618-010-13
LOG lID. W.O. NO. TE2572 W/P FILE None
Parcel No. 87-0169-A (04-17-87) (JA:jA:po)
The Southeasterly 55.00 feet of Parcel 1 of Parcel Map No. 990
filed in the Office of the County Recorder of the County of
San Diego, State of California.
Exhibit "B"
Project: Telegraph Canyon Channel
W.O.: TRO056
Parcel No.: 87-0169A
Owner: Ratner Corporation
I. City of Chula Vista and Owner agree that:
A. At completion of construction of new flood control facility, City
shall vacate flood control easement it holds on former channel.
B. City shall, at Owner's request, fill, compact and/or pave former
channel. Owner agrees that such fill shall be for parking only
and City may record an "uncontrolled embankment" filing on the
affected property. City agrees to provide Owner with value of
fill and labor for the filling, compacting, and paving prior to
proceeding with such work.
C. Owner shall, if feasible, rent to City storage space for
construction vehicles and materials and shall be paid monthly at
9% per annum of Fair Market Value which shall be determined during
appraisal process.
D. The values of the easement to be granted by Owner, the possible
rental of storage space by Owner, the easement to be vacated by
City and the filling, compacting, and paving of old channel may be
applied against each other as appropriate.
Recording requested by:
When 'recorded, return to:
Space Above For Recorder's Use Only
Project: Telegraph Canyon Channel Project
W.O. : TRO056
Parcel: 87-0170~
Fed. No.: None
RIGHT OF ENTRY
O.j. EVENSON, et al.
Permission is hereby granted to enter upon our land, known as Parcel
........... v~,v., as s~,ow,, un E^h~u~L ~ attached hereto, for one purpose of
constructing a drainage channel and accomplishing all necessary incidents
thereto.
It is understood that this permission is not a waiver in any way of the right to
compensation for such land or of any remedy authorized by law to secure payment
therefore and is subject to the conditions of Exhibit "B" attached hereto, and by
this reference incorporated herein.
This permission is granted in consideration of the location, improvement and
)struction of such drainage channel and incidents thereto, which it is
understood is required by the City of Chula Vista, with the understanding that
City will hereafter without unnecessary delay, negotiate with the undersigned,
and any other person, if any, having any right, title, or interest in said
property, to agree upon terms of compensation and that, if any agreement cannot
be reached City will promptly commence eminent domain proceedings, including a
deposit of funds to support an Order for Possession, to have such compensation
determined.
Section 1245.235 of the Code of Civil Procedure requires the City of Chula Vista
to give each person whose property is to be acquired by eminent domain notice and
reasonable opportunity to appear before the City Council and be heard on the
matters referred to in Section 1240.030 of the Code of Civil Procedure, which
provides:
"The power of eminent domain may be exercised to acquire property for a
proposed project only if all of the following are established:
"(a) The public interest and necessity require the project."
"(b) The project is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury."
"(c) The property sought to be acquired is necessary for the project."
~ granting this right of entry to the City of Chula Vista, we hereby waive our
~ht to appear and be heard on matters referred to in Section 1240.030 of the
Code of Civil Procedure, as quoted above. We agree that the City can establish
the truth of the above-quoted matters, and we will not contest the adoption of a
resolution of necessity by the City of Chula Vista. Therefore, because Section
1245.250 of the Code of Civil Procedure states that the adoption of a resolution
of necessity by the City of Chula Vista conclusively established the matters
quoted above, it is understood that the issues which will be determined in any
subsequent eminent domain proceeding will be limited to those of just
compensation as they relate to the property covered by this agreement and no
issues will be raised therein or in preliminary proceedings thereto challenging
the public use or necessity of the project, or the utilization therefor of the
property covered by this right of entry.
It is further understood that the City of Chula Vista will pay prejudgment
interest on the iust compensation paid at ~h~ lpgal rate of ten p~rc~nt per
annum, from the date of possession by the City of Chula Vista. If judgment is
rendered in a condemnation action, post judgment interest shall be at the rate of
ten percent per annum.
This Right of Entry shall terminate upon the acceptance of the completed project
by Chula Vista City Council, or on December 31, 1989, whichever occurs first, and
until such time is irrevocable.
This Right of Entry shall be binding upon Owner's heirs, assigns and successors,
t City is hereby authorized to record this Right of Entry with the San Diego
jnty Recorder.
EDVARD H. EVENSON
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council
Resolution No./~/2~ adopted on July 21, 1987 and the Grantee
consents to the recordation thereof '
by its d ly.~,~.z~juth~iz~eJ'~.officer'
DATED: ~;,,YZ6,z~,;C /~/?cP'~ ,
bREGORYyR.:9~OX, MA~OR
PROJECT TIll. E TELEGRAPH CHANNEL - RIGHT OF ENTRY
AUlllORIZED DEMLING APN 618-010-05
~ I10, W,O. liO, TE2572 ~ FILE
Parcel No. 87-0170-A (04-11-87) (JA:OA:po)
A strip of land of variable width across Quarter Section 165, in
RANCHO DE LA NACION, in the County of San Diego, State of
California, according to Map thereof NO. 166, filed in the Office
of the County Recorder of San Diego County, May 11, 1869, iicluded
in that land described in deed to Anne E. Ryan, et al, recorded
December 30, 1966, as File/Page NO. 202465 in the Officem~ said
County Recorder, the Southerly line of said strip lying 27.50 feet
Southerly of the following describe~ line:
Arizona Street, at the Northwesterly corner of Parcel i of Parcel
Map No. 990, according to said Parcel Map No. 990, filed in the
Office of said County Recorder; thence along the Westerly
prolongation 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.) feet;
thence North 74°12'32" West, 80.10 feet to the TRUE PO1NT OF
BEGINNING, being a point of cusp of a 100.00 foot radius curve,
concave Northerly,a radial to said point bears
South 15°47'28" West, thence Easterly along the arc of sai~ curve
through a central angle of 77°23'22", a distance of 135.0) feet;
thence tangent to said curve, North 28°24'03" East, 24,42 (eet to
the beginning of a tangent 100.00 foot radius curve, c~ncave
Southeasterly; thence Northeasterly along the arc of sail curve
through a central angle of 43°42'07", a distance of 76.~ feet;
thence tangent to said curve, North 72°06'10' East to a i~int on
the Southwesterly line of Parcel 2 of Parcel Map No. 990, ~led tn
the Office of said County RKorder, distant thereon 27.~ f~t
Northwesterly from the Southwesterly corner thereof saia point
being the POINT OF TERMINUS I AND the Northerly line of sai~ strip
being described as follows:
BEGINNING at a point on the South~sterly line of said Panel 2,
distant thereon, Northwesterly 55.~ feet fr~ the ~ut~sterly
corner the~of; thence South 72'06'10" West, 295.00 f~t; thence
South 36'00'00" West, 70.00 feet; thence South 54'~'~' West,
55.00 feet; thence South 66'30'00" West, to a point ~n the
Southwesterly line of said Ryan land, said point being ) POINT
OF TERMINUS II.
EXHIBIT "A"
., Exhibit "R"
Project: TeleOragh Canyon
Channel Project
W.O.: TROfi56
Parcel: 87-fi17OA
Owner: American Mill &
ManufacturinO Company
I. The City of Chula Vista shall:
A. Provide that surface drainage now entering the channel at seven
(7) drainage outlets and an 8" drainage pipe from railroad shall
drain into new flood control facility when construction is
complete. Said drainage outlets shall be provided with a method
to prevent backflow from drainage facility into parking lot.
Protect in place the Dower feed circle saw (ripsaw) between the
wu~ ~,,vu~ vH "Uth ~GV~ uF
C. Provide three accesses for heavy equipment of at least ten feet
wide each across easement at all times during construction at
laree warehouse doors and adjacent to warehouse in location
aDDroved by owner
D. Keep bridge across old channel open and provide pedestrian
crossine across new facilitv during construction so that there is
no disrugtion of the lumber mill operation.
E. Install a 6-foot chain link fence with 3-strand barb wire on east
property line and across old channel at west end of property to
connect with existinO fences to provide security to property at
all times during construction.
! F. Relocate sawdust pipe support poles and associated structures as
directed by owner. Sawdust pipe shall be out of service no longer
than 30 calendar days.
i G. Relocate above-ground phone line, including attached fire alarm
! system, fire hydrant and water lines serving hydrant, to location
designated by owner and ensure that there is no disruption in
~ these services during construction.
H. Relocate underground water line and assure there is no disruption
in service during construction.
I. Place timbers from bridges on lumber yard property and remove
bridge concrete foundations.
J. Fill in and provide drainaOe for hole at west end of property.
K. Relocate wood at west end of property as necessary to location
approved by owner.
i L. Replace any damaged asphalt to as good or better condition as
found.
M. Provide for sewer for the building north of channel. Said
building contains two sinks, two urinals, two toilets and one
drinking fountain. Sewer service shall be provided as follows:
1. First choice: Use system that is currently in place.
2. If No. I is impossible, move sewer line to west of
building for gravity flow to Moss Street sewer line.
3. If none of the above are possible, at no cost to owner,
install a pump to serve the above-named facilities and
direct appraiser to determine a lump sum to pay to owner
fnr antirippled COstS nf m~i~tenance and electricitS ef
said pump for five years.
Sewer service for building north of channel shall be kept in
service during construction.
N. Reimburse owner for reasonable costs not to exceed $ O~,~
caused b~ the project of moving saw, stickers, lumber~
blow pip~ and similar items. Owner shall submit bill to City
itemizing such costs.
II. Owner agrees that
A. Ensuring continuous service as provided above is exempted on
weekends from Friday at 3:30 p.m. until Monday at 5:00 a.m.
provided, however, that at no time shall fire protection be
compromisee in any way.
B.He shall provide on-site information as needed regarding location
of structures named in Clause I above.
C. Soil may be stored on owner's property in location(s) designated
by owner during construction.
III. City agrees that construction work on Owner's property shall not exceed
a period of six (6) months. Should construction work exceed 6 months
City shall pay monthly rent to owner at 9% per annum of Fair Market
Value of permanent and temporary parcels acquired from owner as
determined by appraisal.
IV. Insurance
A. City's Contractor shall, throughout the duration of construction
work on owner's property, maintain comprehensive general liability
and property damage insurance covering all operations hereunder of
Contractor, its agents and employees including but not limited to
premises and automobile, with minimum coverage of One Million
Dollars ($1,OOn,O00.OOo) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance and Policy
Endorsement which names the owner as Additional Insured, shall be
submitted to the owner at 676 Moss Street, Chula Vista, CA 92011.
Said policy or policies shall provide thirty (30) day written
notice to the Ownen of cancellation or material change.
B. Contractor shall also carry Worker's Compensation insurance in
statutory amount and Emoloyer's Liability coverage in the amount
of $500,000; evidence of which is to be furnished to Owner in the
form of Certificate of Insurance.
C. In the event of any dispute between the Barties, the prevailin~
party shall recover its attorney fees, and any costs and expenses
incurred by reason of such dispute.
V. Owner aorees to donate easement necessary for new TeleQraph Canyon
Channel Project and provide storane space during construction for dirt
in loca~ionfs) designated bv owner ~rovided that former channel is
filled and compacted as necessary and 4 inches of asphalt is apolied so
that former channel is strong enough to sustain the weight of freeway-
legal vehicles.
TEMPORARY LICENSE TO ENTER
3~ %~ Project: Telegraph Canyon Channel Project
W.O.: TRO056
~ ~o~ Grantor: Scheib
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Permission is hereby granted the City of Chula Vista, its agents or
contractors, a license to enter upon our land for the purpose of filling
Telegraph Canyon Channel and accomplishing all necessary incidents thereto,
and providing parking for adjacent owner as illustrated on attached Exhibit
"A". City shall not remove said improvements at completion of project.
Granting of this Temporary License to Enter is specifically based upon the
understanding that none of the costs associated with the project shall be
borne by Grantor.
This license expires on December 31, lg88 or when construction on adjoining
property is complete, whichever comes first.
EARL SCHEIB REALTY CORP.
qEarl ~. Sc~eib, ~IPresident
Date June 2, 1987 By: 2~ ~c~!II
Be~tie, Assistant ~'cretary
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I~"'54.2 "'i~~'~
., EXHIBIT
TK~O~A~Y ~K[NO LOT
REAL PROPERTY CONTRACT
San Diego, California Project Title: Telegraph Canyon Creek
Flood Control
Work Order No,: TE2572
, i985 Parcel No.: 84-0246A1,B1
Federal No.: None
GRANTOR(S)
SOUTH CALIFORNIA PAPER, INC.
An easement for drainage and temporary construction easement in the form
attached hereto as Exhibit "A" and made a part hereof, has been executed and
delivered to Betty Burt, Real Property Agent of the County of San Diego, for
acceptance by the Board of Supervisors of the County of San Diego hereinafter
called County.
In consideration of which, and other considerations hereinafter set forth,
it is mutually agreed as follows:
1. The performance of this agreement constitutes the entire consideration
for said document and shall relieve the County of all further obligation
or claims on this account, or on account of the location, grade,
construction or operation of the proposed public improvement.
2. The County shall:
A. Pay to the order of the undersigned grantor(s) the sum of $1,600
for the property and interest conveyed by the above document(s)
within sixty (60) days after title to said property vests in
the County free and clear of all liens, encumbrances, assessments,
easements and leases (recorded and/or unrecorded) and taxes,
except:
(1) Exceptions No. 6 set forth in Title Report No. 895886-3
dated March 22, 1985, issued by First American Title Insurance
Company.
B. Pay all escrow and recording fees incurred in this transaction,
and if title insurance is desired by the County, the premium
charged therefor.
C. Have the authority to deduct and pay from the amount shown
in Clause 2A above, any amount necessary to satisfy:
(1) Any delinquent taxes due in any fiscal year except the
fiscal year in which this escrow closes, together with
penalties and interest thereon and/or delinquent or
nondelinquent assessments or bonds except those which
title is being taken subject to in accordance with the
terms of this contract.
(2) Taxes for the fiscal year in which this escrow closes
which shall be cleared and paid in the manner required
by Section 4986 of the Revenue and Taxation Code, if unpaid
at the close of escrow.
3. It is mutually agreed between the parties hereto that the County
is authorized to pay any or all monies payable under this contract
up to and including the total amount of unpaid principal and interest
on note(s) secured by mortgage{s) or deed(s) of trust, if any, and
all other amounts due and payable in accordance with the terms and
conditions of said trust deed(s) or mortgage{s) upon demand(s) to
be made payable to the mortgagee(s) or beneficiary(s) entitled
thereunder; said mortgagee{s) or beneficiary(s) shall furnish grantor
with good and sufficient receipt showing said monies credited against
the indebtedness secured by said mortgage(s) or deed(s) of trust.
4. It is mutually agreed that the County is authorized to pay from
the total proceeds of this transaction not demanded by the mortgagee(s)
or beneficiary(s) of the mortgage(s) or deed(s) of trust hereinabove
referred to, such sum as may be demanded by judgment creditors or
any other lien holders under any judgment or lien recorded against
said property, provided that such sum shall not be in excess of
the unpaid balance together with reasonable costs and charges.
Such sum shall be applied to the indebtedness secured by the above
mentioned judgment and or lien.
5. Grantor warrants that there are no oral or written leases on all
or any part of the property exceeding a period of one month, and
the grantor agrees to hold the County harmless and reimburse the
County for any and all of its losses and expenses occasioned by
reason of any lease of said property held by any tenant of grantor
for a period exceeding one month.
6. The undersigned grantors hereby agree and consent to the dismissal
of any eminent domain action which may be filed by the County against
the parcel described in Exhibit "A" and also waive any and all claims
to any money that may be deposited in the Superior Court in said
action.
7. It is mutually understood and agreed by and between the parties
hereto that notwithstanding other provisions of this contract the
right of possession and use of the subject property by the County,
including the right to remove and dispose of improvemerits shall
con~nence upon approval of this contract by the Board of Supervisors,
so that the amount shown in Clause 2A herein includes, but is not
limited to, full payment for such possession and use, including
damages, if any, from said date.
' 8. The undersigned grantor(s) hereby covenant and agree to indemnify,
defend and hold the County harmless from any and all claims that
other parties may make or assert against the title to the premises.
The grantor's obligation herein to indemnify the County shall not
~ exceed the amount paid the grantor under this contract,
i 9. It is understood that Parcel No. 84-024681 is being used during
~ the course of construction as a temporary construction area and
that the area will be restored to the condition it was in prior
to the County's use of the area.
· 10. Should use by the County of the temporary construction work area
exceed a period of six {6) months, commencing with the start of
construction, grantor shall be paid at a rate of $17.00 per month
for each month or portion thereof during which the County utilizes
said work area.
11. Surface drainage from the property now entering Telegraph Canyon
Channel must continue to do so after the new structure is built.
12. Construction will provide for the link up of the existing two underground
pipes from the southeast and the four existing underground pipes
under Industrial Boulevard with the proposed underground box culvert,
and all construction will be underground and covered.
13. All work done under this Agreement shall conform to all applicable
laws, ordinances or regulations relating to such work, and shall
be done in a good and workmanlike manner. All improvements Dr other
facilities of any kind, when removed, and relocated, or reconstructed
by the County shall be left in as good condition as found.
14. Grantor understands that funding to carry out the terms of this
contract will not be available until a later date, that the contract
is not valid until the County Board of Supervisors has approved
it and that Grantor may rescind this contract in writing at any
time before said Board approves it.
15. This written contract contains the complete agreement of the parties.
No other promises or representations have been made by either party.
No consideration other than that set forth herein will be honored.
This agreement may be changed only if the change is in writing and
is signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
SOUTH CALIFORNIA PAPER, INC.
Arnoldo Prado B., President
By:
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursu nt to authority conferred by City Council
· / ' ~ / .~0 , R
~ GREGOR~?~.~/ MAIO
R~cording requested by:
When recorded, return to:
Space Above For Recorder's Use Only
Project: Telegraph Canyon Channel Project
W.O. : ~2~6C~2_~3
Parcel: ~
Fed. No.: one
RIGHT OF ENTRY
VITO COMES
Permission is hereby granted to enter upon our land, known as Assessor Parcel
It is understood that this permission is not a waiver in any way of the right to
compensation for such land or of any remedy authorized by law to secure payment
therefore and is subject to the conditions of Exhibit "B" attached hereto, and by
this reference incorporated herein.
This permission is granted in consideration of the location, improvement and
construction of such drainage channel and incidents thereto, which it is
}understood is required by the City of Chula Vista, with the understanding that
City will hereafter without unnecessary delay, negotiate with the undersigned,
and any other person, if any, having any right, title, or interest in said
property, to agree upon terms of compensation and that, if any agreement cannot
be reached City will promptly commence eminent domain proceedings, including a
deposit of funds to support an Order for Possession, to have such compensation
determined.
Section 1245,235 of the Code of Civil Procedure requires the City of Chula Vista
to give each person whose property is to be acquired by eminent domain notice and
reasonable opportunity to appear before the City Council and be heard on the
matters referred to in Section 1240.030 of the Code of Civil Procedure, which
provides:
"The power of eminent domain may be exercised to acquire property for a
proposed project only if all of the following are established:
"(a) The public interest and necessity require the project."
"(b) The project is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury."
"(c) The property sought to be acquired is necessary for the project."
>~y granting this right of entry to the City of Chula Vista, we hereby waive our
ight to appear and be heard on matters referred to in Section 1240.030 of the
Code of Civil Procedure, as Quoted above. We agree that the City can establish
the truth of the above-quoted matters, and we wilt not contest the adoption of a
resolution of necessity by the City of Chula Vista. Therefore, because Section
1245.250 of the Code of Civil Procedure states that the adoption of a resolution
of necessity by the City of Chula Vista conclusively established the matters
quoted above, it is understood that the issues which will be determined in any
subsequent eminent domain proceeding will be limited to those of just
compensation as they relate to the property covered by this agreement and no
issues will be raised therein or in preliminary proceedings thereto challenging
the public use or necessity of the project, or the utilization therefor of the
property covered by this right of entry.
It is further understood that the City of Chula Vista will pay prejudgment
~n~:r:cf on the just ~"mna"~at4an p~d at the legal rafa of ten hercent n~r
annum, from the date of possession by the City of Chula Vista. If judgment is
rendered in a condemnation action, post judgment interest shall be at the rate of
ten percent per annum.
This Right of Entry shall terminate upon the acceptance of the completed project
by Chula Vista City Council, or on December 31, 1989, whichever occurs first, and
until such time is irrevocable.
This Right of Entry shall be binding upon Owner's heirs, assigns and successors,
and City is hereby authorized to record this Right of Entry with the San Diego
~ounty Recorder.
/ 'VITO COMES
Dated
Dated
(Acknowledgment)
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the City of Chula Vista, a political
corporation and/or governmental agency is hereby accepted on behalf
of the public pursuant to authority conferred by City Council
Resolution No./~j76), adopted on July 21, 19~37, and the Grantee
'
consents the recordatlon thereof by its ly ut ~ %d officer
DATED: 2fX,,/::~ [t9 (~ , ,
..... ,.,, ,.~,~.r. TFI EG~APH CHANNEL - RIGHT OF ENTRY
'. AUTltORIZED DEMLING APN 618-062-13
LO~ NO. W.O. NO. TE2572 W/P FILE None
Parcel No. 84-0233-C (04-17-87) (JA:jA:Do)
The Southeasterly 40.00 feet of that land described in deed to
Vito Comes, et ux, recorded December l, 1958, in Book 7373,
Page 314, of Official Records in the Office of the County Recorder
of the County of San Diego, State of California.
Exhibit "R"
Project: Telegraph Canyon
Channel Project
W.A.: Tl~lO56
Parcel: 84-0233C
Owner: Comes
The City of Chula Vista shall:
A. Prior to beginning construction of new channel
1. Fill in and compact dirt in channel adjacent to Owner's
property.
2. Rent adjacent property as necessary to Drovide parking for
=, restaurant on north side of property equal to the parking
lost during construction of the project as shown on Exhibit
!~ "B-l" attached.
3. Pave and stripe parking area to north of restaurant.
4. Install two signs directing customers to replacement parking.
Owner shall designate size, placement and information City is
to paint on signs.
5. Relocate dumpster as directed by Owner.
B. Guarantee that construction work on Owner's property shall last no
longer than four months. If construction time exceeds four
months, owner shall be paid monthly rent at 9% per annum of the
! Fair Market Value of the easements granted by Owner. Construction
is scheduled to be complete in MarCh, 39~8. If conStruCtiOn
. schedule changes substantially, City shall so inform Owner.
C. Provide for surface drainaae from Owner's parking lot into new
(~/~,~/. At end of construction ~ ~
! ~ I. Replace and restripe asphalt in south parking lot to as good
or better condition as found.
2. Fence and restripe north parking lot to fit within owner's
property 1 ine.
3. Relocate stake/chain-link fence to new property line.
4. Remove signs described in Clause I A4 above and relocate
dumpster to site designated by Owner.
II. Owner agrees that plantings adjacent to old channel may be destroyed
and removed during construction without compensating owner now or in
the future.
III. Owner and City of Chula Vista agree that fully executed Contract for
Real Property and easement dated January 21, 1986 are hereby null and
void and neither City nor Owner shall be held to the provisions
thereof.
EARL SHIEB~
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TEMPORAR~o ~RKING .LOT ' '
AY
TEMPORARY LICENSE TO ENTER
Project: Telegraph Canyon Channel Project
Parcel: 84-0233C
W.O. : TRO056
Lessee: Paul and Frank Palumbo
Fed. No.: None
Real-'Property Management Division (0200)
DepartmeHt of General Services
5555 OverlaQd Avenue, Bldg. 2, Rm. 110
San Diego, CA 92123
Permission is hereby granted the City of Chula Vista, its agents or contractors a
!ioen~ to enter un~n mv lpa~d l~nd fnr th~ purpnse of building a dr~in~n~
faC~lity and accompiishi~g all necessary incidents thereto.
This license expires on December 31, 1988.
: FRANK PALUMBO
_ EARL SHIEB I
) 29
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TEMPORARY PARKING ,LOT ' ·