HomeMy WebLinkAboutReso 1972-6545RESOLUTION NO. 6545
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A GRANT OF EASEMENT FOR TEMPORARY
CUL-DE-SAC IN EL RANCHO DEL REY, UNIT N0. 1, AND
MODIFICATION THEREOF FROM SHATTUCK CONSTRUCTION
COMPANY, A CALIFORNIA CORPORATION, AND EL RANCHO DEL
REY, A CALIFORNIA CORPORATION
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 a temporary cul-de-sac in El Rancho del Rey, Unit No. 1,
executed by Shattuck Construction Company, a California Corporation,
and El Rancho del Rey, a California Corporation, dated July 28, 1972 ,
and the Modification thereof executed by Shattuck Construction Company,
a California Corporation and E1 Rancho del Rey, a California Corporation,
dated August 3, 1972 , copies of which are 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
a temporary cul-de-sac in E1 Rancho del Rey, Unit No. 1.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and she is hereby authorized and directed to hold said
grant of easement and modification thereof and not record said documents
unless so directed by the City Council.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be and he is hereby authorized and directed to execute a Quitclaim
to Shattuck Construction Company upon approval by signature of the
improvement plans for Candlewood Subdivision by the City, the execution
of the Candlewood Subdivision Agreement by the Shattuck Construction
Company and the City, the posting of the required subdivision bonds by
Shattuck Construction Company, and approval of the final subdivision map
of Candlewood by the City prior to its recordation, as set forth in the
modification of the grant of easement.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
be and he is hereby authorized and directed to execute the easement and
modification thereof with the conditions contained therein.
Presented by
/'
-'
~~~~
Lane F. Cole, Direc r of
Public Works
Approved as to form by
,~-~~ ~'
George D. indberg, City Attorney/~~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of August , 197,
by the following vote, to-wit:
AYES : Cauncti Amen Egdahl, Scott, Hobel Hamilton
NAPES: CUCtne~~men None
ABSENT: Cvunc~.~men Hyde
J --
ATTEST ,-~ ~ /~ ~~
Cti~ y men ~,
vI~ATE OF CALIFORNIA j
~GuNTY OF SAN DIEGO '- sso
CI'TY' OF CHULA VISTA ~
J~NNI~ M.~ FUCASZ, C~.~y C.~en(z ~~ the C~:~y u~ Ch~.~a V~.~~a,
Ca.~,~~vnn~a, ~C h~R~13~ C~RTI ~y ~h.a~ the above and ~a~cega~.ng ~:~ a ~,c~~..2,
~tr.~.e and c s~.nec~ ~~r y ~ ~
anal ~G~a~ the !game lac: nod been amended ~n ~ce~ea2ed~.
~AT~a:
C.~~y C.~e~.
GRANT OF EASEMENT
FOR TEMPORARY CUL DE SAC
This Grant of Easement is made this ~~ - day of ~ ,
1972, by and between SHATTUCK CONSTRUCTION COMPANY, a California
corporation, hereinafter referred to as Grantor, EL RANCHO DEL REY,
a California corporation, hereinafter referred to as ERDR, and the CITY
OF CHULA VISTA, a Municipal corporation, hereinafter referred to as
Grantee, with reference to the following facts:
A. Grantor is the owner of certain real property located in the
City of Chula Vista, County of San Diego, State of California, hereinafter
referred to as the "Servient Tenement", and legally described on Exhibit "A"
attached hereto.
B. ERDR is the owner of certain real property located in the
City of Chula Vista, County of San Diego, State of California, known as
El Rancho Del Rey Unit No. 1, hereinafter referred to as the "Dominant
Tenement" or E1 Rancho Del Rey Unit No. 1, and legally described on
Exhibit "B" attached hereto. Said property is contiguous to the Servient
Tenement.
C. In order to obtain approval of the final map for El Rancho
Del Rey Unit No. 1 by the City of Chula Vista and in accordance with
Resolution No. 4563 of the City Council of Chula Vista, Grantor has agreed
that the Servient Tenement may be utilized as a temporary cul de sac for the
benefit of the Dominant Tenement.
THEREFORE, it is agreed as follows:
1. Grant of Easement. For valuable consideration, Grantor
hereby grants to Grantee an easement as hereinafter described.
2. Character of Easement. The easement granted herein is
a non-exclusive easement appurtenant to the Dominant Tenement.
-1-
3. Description of Nature of Easement. The easement granted
herein is a right of way to construct, install, maintain and utilize the ease-
ment as a temporary street cul de sac in order to provide aturn-around for
the public street within E1 Rancho Del Rey Unit No. 1 now designated as
Valencia Loop at the point where said public street is contiguous to the ease-
ment. Said cul de sac shall be constructed in accordance with Resolution
No. 4563 of the City Council of the City of Chula Vista and in accordance with
other applicable standards of the City of Chula Vista. The cost of construction
shall be borne by ERDR.
4. Legal Description of Easement. The easement granted herein
is legally described on Exhibit "A" attached hereto.
5. Use of Easement. The easement shall be utilized by the
Dominant Tenement for street purposes as aturn-around for the public street
within El Rancho Del Rey Unit No. 1 currently designated as Valencia Loop.
6. Termination of Easement. The easement shall terminate at
such time as the easement is dedicated to the City of Chula Vista for street
purposes and the street is continued and improved with full standard street
improvements required by the City of Chula Vista. Upon termination of this
easement, total cost of removing the cul de sac improvements and installing
the full standard street improvements required by the City of Chula Vista
upon the easement area shall be borne by the Grantor.
7. Entire Agreement. This instrument contains the entire agree-
ment between the parties relating to the rights herein granted and the obli-
gations herein assumed. Any oral representations or modifications concerning
this instrument shall be of no force and effect excepting a subsequent modi-
fication in writing, signed by the party to be charged.
8. Attorneys' Fees. In the event of any controversy, claim, or
dispute relating to this instrument or the breach thereof, the prevailing party
shall be entitled to recover from the losing party reasonable expenses, attorneys'
fees, and costs.
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9. Binding Effect. This instrument shall bind and inure to the
benefit of the respective successors and assigns of the parties hereto,
whether voluntary or involuntary.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
(Seal)
Dated: AuQUSt 1. 1972
San Diego California
(Seal)
Da d: ~ ~,
v~ ~~~ _, California
(Seal)
EL RANCHO DEL REY,
A California Corporation
l~
ert Gersten, Yresi
By
GRANTEE:
CITY OF CHULA VISTA,
A Municipal Corporation
,~,` l
~ ;; ~Y,,~
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Dated: ~'-~ ~d2
_~~/~ar/ iced California APPROVED BY CITY COUNCIL:
GRANTOR:
SHATTUCK CONSTRUCTION COMPANY,
A California Corporatio
By ~~
By
l1 ~~
i, (r.~
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----,
~~
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
On this 1st day of Au ust 1972, before me, the under-
signed, a Notary~Iic in an or sal. oun y and State, personally appeared
J. R. Shattuck known to me to be the president
of SHATTUCK CONSTRUCTION COMPANY, the corporation that executed
the within instrument, known to me to be the person who executed the within
instrument on behalf of said corporation therein named, and acknowledged
to me that such corporation executed the same.
WITNESS my hand and Official Seal.
. w.aw_^_ .°".:w :~ •..R_L4-w~ :w.•..w..w-~ ~ w ~.tiw,.•w~
:;T JUDITH M. DWYER ,:
-~~ NOTARY PUBLIC ~.
,{ ~ Principal Office. San Diego Co. Calit. :`
r My Commission Expires March 26, 1974 ~~
o y Pu lic l.n an ' d County
and State
STATE OF CALIFORNLA )
ss
COUNTY OF SAN DIEGO )
On this J3 ' day of ~„~.,~Z 1972, before me, the under-
signed, a Notary PuTlic in and~ir said County and State, personally appeared
/h~,,,-f ~~~ f~~~ known to me to be the ~'!2@~,c,.~,,,~
of EL ANCHO DEL REY, the corporation that executed the within instrument,
known to me to be the person who executed the tiwithin instrument on behalf
of said corporation therein named, and acknowledged to me that such corpor-
ation executed the same.
WITNESS my hand and Official Seal.
•; ti°~~~~~ LOIS ~,~AE CALKIN :•
•,.
w' ~~' -.~ Principz! Office, San D~~~o Co. Calif. ,,
My Commission Expires May 6, 1973 ;~
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
~~
Notary Pu _ic in an or sal. County
and State
On this day of 1972, before me, the under-
signed, a Notary 'u is in an or sai oun y and State, personally appeared
known to me to be the
of the CITY OFD' CHULA VISTA, the municipal corporation that executed the
within instrument, known to me to be the person who executed the within
instrument on behalf of said municipal corporation therein named, and
acknowledged to me that such corporation executed the same.
WITNESS my hand and Official Seal.
Notary Public in and for said County
and State
-4:- ~-fJ~j~
LEGAL DESCRIPTION
OF
SERVIENT TENEMENT
AND
TEMPORARY CUL DE SAC EASEMENT
All that certain real property situated in the County of San Diego, State
of California and being that portion of the northeasterly quarter of the
southwesterly quarter of Quarter Section 36 of the Rancho de la Nacion
according to Map thereof No. 166 by Morrill filed in the office of the
Recorder of said County, said portion being more particularly described
as follows:
Beginning at the southeasterly corner of said northeasterly quarter of
the southwesterly quarter of Quarter Section 36; thence along the easterly
line of said northeasterly quarter North 17°51'57" West 23.46 feet to
the TRUE POINT OF BEGINNING of the parcel to be herein described; thence
from said TRUE POINT OF BEGINNING South 72°05'39" West 162. 00 feet;
thence North 17°51'57" West 95. 00 feet; thence North 72°05'39" East 162.00
feet to a point on the easterly line of said northeasterly quarter,.. said point
being distant thereon North 17°51'57" West 118. 46 feet from said south-
easterly corner thereof; thence along said easterly line South 17°51'57"
East 95. 00 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "A"
~~ ~ ,.
LEGAL DESCRIPTION
OF
DOMINANT TENEMENT
AND
TEMPORARY CUL-DE-SAC EASEMENT
E~I~IBI'T "B"
( c ~ ~!
MODIFICATION OF THE GRANT OF EASEMENT FOR
TEMPORARY CUL DE SAC, DATED JULY 28, 1972
BY AND BETWEEN SHATTUCK CONSTRUCTION COMPANY
A CALIFORNIA CORPORATION AND THE CITY OF
CHULA VISTA.
This agreement refers to the grant of easement for a
temporary cul de sac of July 28, 1972 by and between the Shattuck
Construction Corporation, El Rancho del Rey, and the City of Chula
Vista.
All parts of said agreement are incorporated and adopted
by reference.
The City of Chula Vista does hereby agree to quit claim all
interest and rights to Shattuck Construction Company of said ease-
ment for cul de sac purposes as described in Exhibit A in the
aforementioned agreement. Said quit claim by the City shall be
contingent upon approval by signature of the improvement plans for
Candlewood Subdivision by the City, the execution of the Candlewood
Subdivision Agreement by the Shattuck Construction Company and the
City, the posting of the required subdivision bonds by Shattuck
Construction Company, and approval of the final subdivision map of
Candlewood by the City prior to its recordation.
All provisions of the aforementioned grant of easement for
temporary cul de sac agreement shall apply in full effect to this
agreement unless there is a conflict in which event this agreement
shall prevail.
SHATTUCK CONSTRUCTION COMPANY
A California Corporation
Dated: ~ -~`~ ~--
~~~ ~~~~~
,California
Dated: ~ ~ ?~2
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~s/ California
--
Y
By
CITY OF CHULA VISTA,
A Municipal Corporation
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~~
APP ROVED BY CITY COUNCIL:
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