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HomeMy WebLinkAboutReso 1973-6957RESOLUTION NO. 6957 ~-~ tf C- l ~%!_% RESOLUTION OF THE CITY COUNCIL OF THE CITY O CHULA VISTA PURSUANT TO SECTION 1930 ET SEQ. OF THE STREETS AND HIGHWAYS CODE AUTHORIZING THE SUMMARY VACATION AND ABANDONMENT OF STREETS AND ORDERING ', THE VACATION OF A PORTION OF SECOND AVENUE The City Council of the City of Chula Vista does hjereby resolve as follows: WHEREAS, Section 1930 et seq. of the Streets and Highways Code of the State of California authorizes the summary vacation and abandonment on any portion of a street which has been supers ded by relocation except where said abandonment would cut off all a~CCess of property, and ~, WHEREAS, a portion of Second Avenue, more particuljarly described in Exhibit "A", attached hereto and by this refere~ce made a part hereof the same as though fully set forth herein, has~ibeen superseded by relocation and will not cut off access to any property by virtue of this vacation. NOW, THEREFORE, BE IT RESOLVED by the City Councils of the City of Chula Vista that a portion of Second Avenue, more pajrticularly described in said Exhibit "A" be, and the same is hereby vacaated. BE IT FURTHER RESOLVED that the City Clerk of the~City of Chula Vista be, and she is hereby authorized and directed ta', record this resolution in the office of the County Recorder of SanjDiego County. Presented by Approved as to form ~'y ~...: r Lan ole, Director of George D Lindberg, ity Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the C1'TY OF CHULA VISTA, CALIFORNIA, this 24th day of July , 19 7~+ , by the following vote, to-wit: AYES • Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: None a.~. ,- ATTES ~ i~~2ilZ-GQ ~ ~ ~ ~ `cC~~, City Clerk ~' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor of the City of CY~ula Vista I~ , City Clerk of th$ City of Chula Vista, California, DO HEREBY CERTIFY that the above i~ a full, true and correct copy of Resolution No. , and that tY~e same has not been amended or repealed. DATED Councilmen City C erk • ~ , Tax Parcel No, 623-060--42 • GRANT,OF EASEMENT SAN DIEGO GAS~& ELECTRIC COMPANY, a corporation, hereinafter called "Grantor", for valuable consideration, grants to the City of Chula Vista, a municipal corporation in the County of San Diego, State of California, hereinafter called "Grantee", an easement and right of way for public street and utility purposes and incidentals thereto,, throw h g ~ over and across Grantor's land situated in the City I~lof Chula Vista, County of San Diego, State of Californik, par- ticularly described as follows: ~! That portion of u I' according to Map thereof No,arter.Section 14.3 of Chu~.a Vista, County Recorder of said County0of SaneDiego,hMarch~l~,o1888e described as follows: , Commencing at the intersection of the Westerly line bf Second Avenue (formerly Fourth Avenue) with the N~rtherly line of the Southerly 275,00 feet of said 143; thence along the Westerl line of s Quarter Section (80.00 feet in width) South 18° 43- 23rt EaatSecond Av~,enue the TRUE POINT OF BEGINNING; thence continuing3alo~gf~aidto Westerly line South 18° 43~~23" East, 183.41 feet; thence leaving said line South 06° 14~ 45" West beginning of a tangent 20.00 foot radius ~cu~ve5concav~oNorth-- easterly; thence Southerly through Easterly along the', arc of said curve through a central angle of 90° 00~ 00", a distance ~~ c.. ~-d-CrYG~e~~ ~ -~~~ ~---; ~~ • • of 31.42 feet to a point i_n the Iortherly line of Orange Avenue; thence along said Northerly line being a line parallel with and 25.00 feet Northerly of the Southerly lin of said Quarter Section 143, a distance of 107.50 feet to ~he Westerly terminus of a 20.00 foot. radius curve con ave North- westerly, a radial line to said point bears South ~6" 14' 45" West; thence Easterly through Northerly along the ~.rc of said curve throug~i a central angle of .g0° 00' 00", a distance of 31.42 feet; thence tangent North 06° 14' 45" East,!100.50 feet to the beginning of a tangent 472.50 foot rad~us curve concave Westerly; thence Northerly along the arc off' said curve through a central angle of 11° 45' 45", a di~tance of 97.00 feet to the TRUE POINT OF BEGINNING. Grantee, its 'successors, assigns, agents ', or con- tractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from ~+he con- struction, operation or maintenance of Grantee's f~.cilities within said Grantor's property. II Grantee covenants for itself. its successors, assigns, agents or• contractors, that all work in cdnnection with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accor~~ance with standard engineering practices. ~~ Grantor reserves unto itself, its successlors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore described easement alnd right of way, for the installation of such facilities as I~Iit shall now or in the future deem necessary, provided, ho~~ie~yer, that such reserved use rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to ble incompatible with Grantee's installation. II 2 r-- j • Grantee shah. at all times indemnify and save harm- less Grantor against and pay in full any and all 1'~,oss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any manner from the construction',, maintenance, use, state of repair or presence of Grantee's facilities in- sta~.led hereunder and all necessary and proper fix~ures and equipment for use in connection therewith, including any such loss, damage or expense arising out of the (a~ loss of or damage to property, and (b) injury to or death ~f persons, including the defense of any action arising therefrom, ex- cepting 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, officejrs, agents or employees. !, Grantor, its successors and assigns shallllnot be required to bear any portion of the cost of construjction, maintenance, alteration, repa~.r or replacement of said public street or incidentals. • IN WITNESS WHEREOF, we have hereunto set .bur hand _ this ~~,lZ~~ da of ~~ y ~.~-~~- 19~. ~~ . ATTEST: SAN DIEGO GAS & ELECT~IC COMPANY, a~ co oration ~-Q.-c-rc~ . U Secretary By ,,1 ~.~ ~,,~ ~ ~ 1, Senior Vice 'President Ofd,`;t:~;; E•~ Bickl y DATE __ ~-30 _73 Sp t Job No . 18 C73 ) ,r.---~ • • SAN DIEGO GAS & ELECTRIC COMPANY I~'ORA7 STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) ON THIS ,~'~~~.~ day of ~L~ ~~_ 19~, before me, the undersigned, a Notary Public in and, for said Co~nt,y and State, residing therein, duly commissioned and sworn, personally appeared ~ ~°-~ ~fi'. ~. %,~~_~-}~7G_;~J knows to me to b e the ...--~-z.--yr-~-~ i ice-' s ,~, ~-~~ /!_, ~ r/~~t~,..~ Prey ident and ~, ~~ --~ -~-~-~ , known t o me t o b e the/ Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed ~'he within Instrument, on behalf of the corporation therein named,~and acknowledged to me that such corporation executed the w~jthin Instrument pursuant to its By-Laws or a• Resolution of it's Board of Directors. i WITNESS my hand and official seal. ', L• EE BL.A.~ir1~ ~ ~ ~ Notary Public in and for said County) and St at e xc: <:~ Prir.cip:I.~iL;e, sar ~a;aCp.CS!$ ~.. h1y Commission Expires Nu~c' :per 5, 19a~ ~+ -- ~~,~~~~