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Home My WebLink AboutReso 1973-6880 RESOLUTION N0. 6880 ;" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROA'I SAN DIEGO GAS & ELECTRIC COMPANY FOR DRAINAGE, SEWER, STREET AND UTILITY PURPOSES AND DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain grant of easement for drainage, sewer, street and utility purposes, executed by San Diego Gas & Electric Company, dated the 27th day of April, 1973, 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 the above listed purposes. BE IT FURTHER RESOLVED that said easement, is hereby dedicated to highway purposes by the City of Chula named Max Avenue. BE IT FURTHER RESOLVED that Chula Vista be, and she is hereby aut the document in the office of the San Presented by ~'" Lane F. Cole, Director of Public Works parcel 1, as described in the public use for street and Vista and is hereby officially the City Clerk of the City of zorized and directed to record Diego County Recorder. Approved as to form by ~~ ; c~i George Lindberg, City Attor ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 5th day of June , 1973 , by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAPES: Councilmen None ABSENT: Councilmen None ATTEST ~- ~ ~ y ~~~. ity C erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor of the City of Chula Vista I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk • • 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", easements and rights of way for public street and utility purposes, sewer lines, drainage lines and incidentals thereto, through, over and across Grantor's land situated in the City of Chula Vista, County of San Diego, State of California, particularly described as follows: Those portions of the Southerly 275.00 feet of Quarter Section 117 of Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the County Recorder of said County of San Diego, May 11, 1869, described as follows: Parcel l: Street and utility easement. That certain strip of land 60.00 feet in width, being 30.00 feet measured at right angles, on each side of the follow- ing described center line: Beginning at the point of intersection of the Southerly prolongation of the center line of Max Avenue in Castle View, according to Map thereof No. 5000, filed in the office of the County Recorder of said County, June 28, 1962, with the Northerly line of said Southerly 275.00 feet of Quarter Section 117, said point bears North 71° 34' 52" East from the Southwest corner of said Castle View; thence from said POINT OF BEGINNING South l7° 38' 08" East, 275.02 feet to a point on the Southerly line of said Quarter Section 117, distant thereon North 71° 34' 52" East, 452.36 feet from the Southwest corner of the Southeast Quarter of said Quarter Section 117. .' .' ~ .. + f ~ '" ~~' ~,~ f ~ ~ ,w l ~ _,y 1 _~ • • Parcel 2: Drainage easement. That portion of said Quarter Section 117, described as follows: Commencing at the POINT OF BEGINNING described above in Parcel l; thence South 17° 38' 08" East, 44.91 feet to the TRUE POINT OF BEGINNING of Parcel 2 herein described; thence South 71° 34' 52" West, 45.00 feet; thence South 17° 38' 08" East, 32.00 feet; thence North 71° 34' S2" East, 90.00 feet; thence North 17° 38' 08" West, 32.00 feet; thence South 71° 34' 52" West, 45.00 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion lying within Parcel 1, described above. Parcel 3: Drainage easement. That portion of said Quarter Section 117, described as follows: Beginning at a point on the Southerly line of said Quarter Section 117, distant thereon North 710 34' 52" East, 645.22 feet from the Southwest corner of the Southeast Quarter of said Quarter Section 117; thence North 54° 50' 46" West, 14.06 feet; thence North 35° 09' 14" East, 6.00 feet; thence South 54° 50' 46" East, 18.48 feet to the Southerly line of said Quarter Section 117; thence along said Southerly line South 710 341 52x1 West, 7.46 feet to the POINT OF BEGINIv'ING. Parcel 4: Sewer easement. That certain strip of land 10.00 feet in width, being 5.00 feet measured at right angles on each side of the following described center line: Beginning at a point on the Northerly line of said Southerly 275.00 feet of Quarter Section 117, distant thereon South 71° 34' S2" West, 30.94 feet from the POINT OF BEGINNING of Parcel 1, described above; thence South 39° 08' 52" West, 513.36 feet to a point in the Southerly line of said Quarter Section 117, distant thereon South 71° 34' 52" West, 8.36 feet from the Southeast corner of the West Half of said Quarter Section 117. The side lines of Parcel 4 shall be extended or shortened as required to terminate in the Northerly line of said Southerly 275.00 feet and in~the Southerly line of said Quarter Section 117. -2- f ~ . ~:,; . • • Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities od.casioned by or arising from the con- struction, operation or maintenance of Grantee's facilities within said Grantor's property. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and air- space thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary, provided, however, that such reserved use rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be incompatible with Grantee's installation. Grantee shall at all times indemnify and save harm- less 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, mainten- ance, use, state of repair or presence of Grantee's facili- ties installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, including any -3- ~ ,", • • such loss, damage or expense arising out of the (a) loss of or damage to property, and (b) injury to or death of persons, including the defense`.of any action arising therefrom, except- ing 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. Grantor, its successors and assigns shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair or replacement of said public street, sewer lines, drainage lines or incidentals. IN WITNESS WHEREOF, we have hereunto set our hand this 27th day of April ATTEST: ~~ Secretary 19 73 . SA DIEGO GAS & ELECTRIC COMPANY, a br oration Senior Vice President DRAWN BY __ Bick ey CHECKED DY _~'~_«=- SKETCH N0. /___ _ DATE ~ =13_ 7 3 _ Sp . Jots No . 12 (73 ) -~- ~ ; ~, r~ U • SAN DIEGO GAS & ELECTRIC COMPANY I~'ORM STATE OF CALIFORNIA ) _ ss. COUNTY OF SAN DIEGO ) ON THIS 27th day of April 19 73 , before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared R F+, Mprri known to me to be the Beni nr v; ~P _Pres ident and • .T A _ Graham , . known t o me t o be the Secretary of SAN DIEGO GAS & ELECTRIC COP~ZPANY, the corporation that executed the within Instrument, known to me to be the persons caho executed the within Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. ~~ ~-`~ ~~-~~~'~~ ~`~ Notary Fublic in and fcr said County and State ~j y i~~, 1 ! t4Y r 9~r~.~C ~i `y~:~J Prineipcl Ctfice. 5ar~ Cie-a Co. t;21'rfa~16Fi Niy Commission Expires N~reaiber 5, 1976 ~' ~,•, ~~ ; ~..