HomeMy WebLinkAboutReso 1971-5941
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'. Jennie M, Fubsz, City'Cltric '
P, 0. nux 1087
Chub Vista; California noLi
Form No. 320,
Revo 7-67'
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(5)
RESOLUTION NOo 5941
RESOLUTION OF.THE CITY COUNCIL OF THE CITY. OF CHULA VISTA
ACCEPTING GRANT OF EASEMENT FROM THE SAN DIEGO & ARIZONA
EASTERN RAILWAY COMPANY
FOR STREET AND 'HIGHWAY 'PURPOSES
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 street and highway purposes
executed by San Diego & Arizona Eastern Railway Company
dated the 25th day of May , 19~, 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.Cityof Chula Vista for street and,highway purposes.
P7~~
Approved as to form. by
Lane F. Cole, Dlrector of
Public Works
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...1\/i DIEGO COI)'IT':'t~ ,/ I ,
HA~,~.EY F. BLOOX{ol":,
hC,caRDER
NO FEE
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this 9th
following vote,to-wit:
by the ..CITY..COUNCIL of' the CITY OF CHULA
day of. February , 1911-, by the.
AYES:
Councilmen. Egdahl, Scott, Hobel, Hamilton. Rvdell]'
NAYES:
Councilmen None
ABSENT:
Councilmen None
ATTEST.
~
eJ ~ of!." /1/J ~
City Clerk ==r
STATE OF CALIFORNIA) . .'
COUNTY OF SAN DIEGO:~r~:,s~..,
CITYOF-CHULA~visTK~i~:>~~c~, -,
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,II'/..,. /e" "',Ii . , City Clerk of the City,of'Chula
IVista,. calt~f~r.~~aL~~o,,-Hi_~E.~:SERTIFY that the above is a full, true and
forrect,. cO.~Y.F9I::R,e:,S<c;~\l,~'A(:)I:f:N?;r_-,-_, and that the same has not been
amended or.).,;,ep'eal~o:..<:-..Di'.TED ",:'
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. A,~~ED A8 T'O VORM-BY-GENefM.-t-COulClsEl..:'
.~_. . ....t.!GUST-:l.~~..
....Jenrue 1\1:. l<ul"z, CIty Clerk
P. O. Box ]087
,Chula Vista, California 92012
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STREET OR HIGHWAY EASEMENT
ijJ4in ~tlbrutUrt. made this
).~
. 19 lb. by and between
11lIftttttSStt4:
1. That Railroad hereby grants to Grantee.the right to construct, reconstruct, maintain and use a street or
highway, hereinafter termed "highway,'.' upon and across the real property described on the attached Exhibit "A."
2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and
similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear-
ranged within thirty (30).days after notification from Railroad that stich facilities interfere with Railroad's intended use
of the space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad to use all the property described in the
performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
maintain, use and remove existing and future, railroad, transportation, communication and pipeline facilities and ap-
purtenances in, upon, over, under"across or along said property. In event tracks are removed from said property, Rail-
road shall not be obligated to make any change in the grade of said highway.
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against
the existence thereof. .
1
4. The rights herein granted shali lapse "and become void if the' construction or reconstruction of said highway
is not commenced within one (1) year from the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to au-
. thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
graph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for
maintenance of said highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said,
highway. Any contractor performing work on the property herein described shall execute Railroad's standard form
of contractor's agreement prior to commencing any work on Railroad's premises.
7. ~~~~~lsll~~~~~i!\llm>XMlXl!le;~Sll?Of.lcwst1l1mt~~GU6tl:ml111ll:g'
ltlIlZmalntai!l~}Slli&!:li:ghwlrY'~l1IS5inglml'Sai&Inghwllj!: E~m:anks:2lKitIl.iImll.lbshalt:1le;J:onstml:teIi:illllilx
~llinetl,aixtIm~arlezof:iSXil;Jxjz-lWks=li"rnZ":nmmafter,;ex:iBtiBgt After the construction cnxmclilllflttmebimx of . said
highway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two
(2) feet outside the rails of each track located thereon. Should Railroad abandon tracks .leading to said highway, Rail-
road may abandon its rails, ties and appurtenant materials and leave the same in place. In such event, Railroad shall
not be liable for maintenance of the portion of said highway specified above. .
8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by
any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the
construction or reconstruction of said highway commenced within one (1) year from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for
said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so aban-
. doned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights
. hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so dis-
continued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said ,highway, in-
cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state
and condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should
Grantee in such event fail, neglect or refuse to so remove said highway and -restore said property, such removal and
restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
10. Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer desires
to retain interest in said property, Grantee shall be required to purchase Railroad's' interest in said property at the
then fair market value.
I
11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties
: hereto.
12. Sections 13 through 16 on the attached insert are hereby made parts
hereof.
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mF,.the:par1;ies hereto have ca,lised tp~s~pres\>htsto be executed in duplicate as of the day
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IA,~. r ,TE:~;:~t.ILWA~.i,~~~J;~~J;~~:~'X;~"~~ITY"jpF HULA~I_S~A ~. ..
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HAT/fO!' CALIFORNIA
City ami Cuunty of San Francisco
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On thi.o.; 12th day of January in the yea, One Thousand Nine Hundred and Seventy One
bl'fou' m(>. John E. Jurgens, a N%ry Public in and for the Cit and County of San Francisco, Stale oj Cali/ornia, personally
(One Market St.) appeared f M kle and C E. Ea an
JOHN E. JURGENS
NOTARY PUBLlC.CALlFORNIA
PRINCIPAL PLACE OF BUSINESS IN
CITY AN 0 COU NTY OF
SAN FRANCISCO .
My Commission Expires June 13, 1973
known 10 me to be the
Vine Pl"esident &
.
Secretary
of ,he corpma'ion_described in and thaI executed the within instrument, and a/so
known to me t~ be the person~who executed it .on behalf of the corporation_
therei" named and--.t..he-J-- acknowledged. to me that such corporation_
executed tbe same.
,
IN WITNESS WHEREOF. I haue hereunto set my hand and affixed my official
seal at my office in the City and County of San Francisco. the day and yem in this
certificate first above ~ritlen.
Francisco, State of California
Corporation
Notary Public in and for
STATE OF CALIFORNIA
,- COUNTY OF SAN DIEGO
;
'On Mav 6. 1970
}"
Public in and for
and known to me to be
I'lrf'lttof the corporation that executed the within instrument,
the persons who executed the within
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directors ",'1:..~~} nl!.iC't;I~.l OFFICE IN
"l Fe;;:;" SAN DIEGO CQUNfV
My Commission Expires July 25. i9?2
:~::t~~:~~:::'~')c:7~~ w276-~u~~~-A~;., - Chula Vista, C~~f~9;Oli)"
Marjorie S. Townsend
Name (Typed or Printed)
(This area for official notarial seel)
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INS E R T
13. The construction of said highway is covered by that separate
agreement between Railroad and the State of California (acting by and
through-its Department of Public Works) relating to the proposed Inter-
state 5 Freeway project at Chula Vista.
14. RaiLroad shall furnish all necessary labor, materials, tools
and equipment to perform, and shall perform, the following work at said
highway:
(a) Prepare its main track and install treated timber planking
along the rails of said track through the grade crossings; and
(b) install two (2) cantilever signals (supplemented with two
(2) standard automatic gates, mounted on stub masts) on
F Street; relocate two (2) existing flashing light signals
to median islands and install two (2) standard automatic
gates at edge of paving on E Street; remove one (1)
existing cantilever signal, relocate one (1) existing
flashing light signal and equip it with an economy gate
arm, and install three (3) additional economy gates, all
on H Street; install two (2) flashing light signals
mounted on median islands and two (2) standard automatic
gates at edge of paving on J Street; and relocate two
(2) existing flashing light signals to median islands
and install two (2) standard automatic gates at edge of
paving on L Street. All of said flashing light signals
equipped with automatic gate arms and appurtenances shall
hereinafter be collectively referred to as "signals".
Installation of and all materials for said signals shall
be in accordance with Railroad's usual standards. Said
signals shall be placed in locations to be mutually agreed
upon by authorized representatives of the parties.
15. The work contemplated hereunder is undertaken as a part of the
State's grade separation project mentioned in Section 13 hereof, and
Railroad, under its aforesaid separate agreement with the State, is to
be reimbursed for all expense incurredby it in connection therewith;
except that themst of said signals shall be shared between State and
Railroad on a 90-10 cost apportionment basis (with the exception of
those on F and J Streets, which will be borne entirely by State.
16. To accommodate State in said grade separation project, Rail-
road will interpose no objection to the issuance by the Public Utilities
Commission of the State of California of an interim ex parte Order
apportioning the costs of said project, other than the cost of maintain-
ing said signals, in accordance with this indenture and the agreement
referred to in Section 13 hereof. The parties agree that the cost to
maintain said signals shall be apportioned by further Order of the Com-
mission, after hearing, in accordance with Section i202.2 of the Public
Utilities Code of the State of California.
THISISTOCERTlFYlhlltlh'lnte'llstlnreal t
property con~eyed by the deed or grant d8tll_d. IJA'AlrHA.
. .{~.2.~::c.Z.ojj...f,,;"_..r<:0.l.l!t.uf<J.~(. ---r---
C:~..l'Ul&t.~..C<....t,
the CITY Of CHULA VISTA. II pcil:i~1 corpo-
r8 tlcn. Is hereby accepted by orr. ~, of t~"
elly Council onm_.;l.-:..2_::.n71.....e.~ the
grantee consents 10 reealtatlon It:~, '-lit by
i!SdUlyauthcriledOfllcer'tJ
O!",.,?...~LI.:.7L... B,. 'Ca.~.@.1 .JLt..4-)-
A1 .. "/ CITy C
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EXHIBIT "A"
PARCEL 17319-4
The right of way and incidents thereto for a public highway
upon, over and across that part of the Easterly 100.00 feet of the
Westerly 140.00 feet of the East half of the Southwest quarter of
Quarter Section 165 of Rancho de la Nacion, according to Map No.166
filed in the Office of the Recorder of San Diego County on May 11,
1869, said part is described as follows:
COMMENCING at the intersection of the Westerly line of said
Easterly 100.00 feet with the Northerly line.of said Southwest quar-
ter; thence along said Westerly line, S. 17052'1~' E., 40.00 feet to
the Southerly line of the Northerly 40.00 feet of said Southwest
quarter and the TRUE POINT.OF BEGINNING; thence along said Westerly
line, S. 17052'15" E., 19.91 feet; thence N. 46022'39" E., 45.71
feet to said Southerly line; thence along said Southerly line,
S. 72011'13" W., 41.17 feet to the TRUE POINT Ql!' BEGINNING.
Containing 409 square feet, more or less.
PARCEL 17319-5
The right of way and incidents thereto for a public highway
upon, over and across that part of the Easterly 100.00 feet of the
Westerly 140.00 feet of the East half of the Northwest quarter of
Quarter Section 165 of Rancho de la Nacion according to Map No.166
filed in the Office of the Recorder of San Diego County on May 11,
1869, said part is described as follows:
COMMENCING at the intersection of the Westerly line of said
Easterly 100.00 feet with the Southerly line of said Northwest quarter;
thence along said Westerly line, N. l7052'l~' W., 40.00 feet to the
Northerly line of the Southerly 40.00 feet of said Northwest quarter
and the TRUE POINT OF BEGINNING; thence along said Westerly line,
N. 17052'15" W., 31.24 feet; thence S. 700'=-39"22'" E., 51.7<2 feet to
said Northerly line; thence along said Northerly line, S. 72011'13" W.,
41. :1:9 feet to the TRUE POINT OF BEGINNING.
Containing 644 square feet, more or less.
PARCEL 17319-9
The right of way and incidents thereto for a public highway
upon, over and across that part of the Easterly 100.00 feet of the
Westerly 140.00 feet of the East half of the West half of Quarter
Section 164 of Rancho de la Nacion according to Map No.166 filed in
the Office of the-Recorder of San Diego County on May 11, 1869, said
part is described as follows:
BEGINNING at the intersection of the. Southerly line of the
Northwest quarter of said Quarter Section 164 with the Easterly line
of said Easterly 100.00 feet; thence along said Easterly line,
S. l7044'l~' E., 40.00 feet, to a line .40.00 .feet Southerly pf and
parallel to said Southerly line; thence along last said line
S. 72009'09" W., 28.22 feet; thence non-tangent to last said line,
from a tangent bearing S. 64030'50" W., Southwesterly along a curve,
concave to the Southeast, having a radius of 100.00 feet, thRllgh a
central angle of 50044'50", a distance of 88.57 ~eet to the Westerly
line of said Easterly 100.00 feet; thence along said Westerly line,
N. 17044'15" W., 86.69 feet to said Southerly line; thence continuing
,
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EXHIBIT "A" (cont.)
along said Westerly line; N. 17051 '10" W., 138.';32 feet; thence non-
tangent to last said line, . from a tangent bearing S. 22001'46" E.,
Southeasterly along a curve, concave to the Northeast, having
a radius of 150.00 feet, through a'central angle of 42034'07", a
distance of 111.44 feet to a line 40.00 feet Northerly of and parallel
to said Southerly line; thence along last said parallel line,
N. 72009'09" E., 53.19 feet to said Easterly line of said Easterly
100.00 feet; thence along last said Easterly line, S. 17051 '10" E.,
40.00 feet to the TRUE POINT OF BEGINNING.
Containing 10}670 square feet, more or less.
PARCEL 17319-16
The right of way and incidents thereto for a public highway
upon, over and across that part of the Easterly 100.00 feet of the
Westerly 140.00 feet of the East half of the West half of Quarter
Section 163 of Rancho de la Nacion according to Map No.166 filed
in the Office of the recorder of San Diego County on May 11, 1869,
said part is described as follows:
COMMENCING at the intersection of the Westerly line of said
Easterly 100.00 feet with the Northerly line of the Southwest quarter
of said Quarter Section 163; thence along said Westerly line,
S. 17047'37"'E., 40.00 feet to the TRUE POINT OF BEGINNING; thence,
continuing along said Westerly line, S. 17047'37" E., 63.68 feet;
thence N. 28049'21" E., 70.88 feet; thence N. 64038'34" E., 48.92 feet
to the Easterly line of said Easterly 100.00 feet; thence along said
Easterly line, N. 17047'37" W., 8.56 feet to a line 40.00 feet South-
erly of and parallel to said Northerly line of the Southwest quarter;
thence along said parallel line, S. 72012'15" W., 100.00 feet to the
TRUE POINT OF BEGINNING.
Containing 2,599 square feet, more or less.
PARCEL 17319-17
The right of way and incidents ,thereto for a public highway
upon, over and across that part of the Easterly 100.00 feet of the
Westerly 140.00 feet of the East half of the West half of Quarter
Section 163 of Rancho de la Nacion according to Map No.166 filed in
the Office of the Recorder of San Diego County on May 11, 1869, said
part is described as follows:
COMMENCING at the intersection of the Westerly line of said
Easterly 100.00 feet with the Southerly line of the Northwest quarter
of said Quarter Section 163; thence along said Westerly line,
N. 17054'31" W., 40.00 feet to the TRUE POINT OF BEGINNING; thence
continuing along said Westerly line, N. 17054'31" W. ,.56.29 feet;
thence S. 60021'33" E., 76.43 feet to a line that is 40.00 feet
Northerly of and parallel to said Southerly line of the Northwest
quarter; thence along said parallel line, S. 72012' 15" W., 51. 59
feet to the TRUE POINT OF BEGINNING.
Containing 1,452 square feet, more or less.
PARCEL 17319-23
The right of way and incidents thereto for a public highway
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EXHIBIT "A" (cont.)
Section 162 of Rancho de la Nacion according to Map No.166 filed in
the Office of the Recorder of San Diego County on May 11, 1869,
lying between the Westerly prolongations of the Northerly and South-
erly lines of "F" Street, 80.00 feet wide, as said street is shown
on "Map of Chula Vista" filed in said Recorder's Office, March 19,
1888, and is also known as Map No.505.
.
Containing 8,000 square feet, more or less.
PARCEL 17319-27
A right of way and incidents thereto for a public highway
upon, over and across that part of the Easterly 100.00 feet of the
Westerly 140.00 feet of the East half of the West half of Quarter
Section 162 of Rancho de la Nacion according to Map No.166 filed in
the Office of the Recorder of San Diego County on May 11, 1869, said
part is described as follows:
COMMENCING at the intersection of the Westerly line of said
Easterly 100.00 feet with the Northerly line of said Quarter Section
162; thence along said Westerly line, S. 17047' 53" E., 40.00 feet to
a point on the Westerly prolongation of the Southerly line of "E"
Street, 80.00 feet wide, as said street is shown on "Map of Chula
Vista" filed' in 'said Recorder's Office, March 19, 1888, and is known
as Map No.505, said point bein~ the TRUE POINT OF BEGINNING; thence
along said prolongation, N. 72 06'38" E., 44.:'10 feet; thence
S. 30008'01" W., 59.80 feet to said. Westerly line; thence along said
Westerly line, N. 17047'53" W., 40.00 feet to,the TRUE POINT OF
BEGINNING.
Containing 888 square feet, more or less.
, .
PARCEL'17353-2
The right of' way and incidents thereto for a public highway upon,
over and across that portion of the Easterly 100 feet of the Westerly
.140 feet of the Southeast quarter of the Southwest quarter of Quarter
Section 161 of Rancho de la Nacion, in the City of Chula Vista, County
of San Diego, State of California, according to Map thereof No.166,
filed May 11, 1869, in the office of the County Recorder of San Diego
County, described as follows:
BEGINNING at the intersection of the Southerly :lineof.. said Quarter
Section 161 with the Easterly right of way line of that parcel of land
described in deed to the County of San Diego, recorded6ctober 3, 1894,
in Book 232, page 106 of Deeds, Records of said County, dfstant along
said Southerly line, S. 72006'38" W., 620.00 feet from the Southeast
corne~ of said Southwest quarter of Quarter. Section 161, said South-
east corner referenced by punchmark straddlers on manhole rim; thence
along said Easterly right of way line,'N. 17042'28" W., 77.79 feet;,
thence leaving said Easterly line, S. 63042'12" E., 54.21 feet to a
point on the Northerly line of "E" Street, said Northerly line being
the Northerly line of the Southerly 40 feet of Quarter Sec.tion' 161,
as said 40 feet is 'described in deed to the City of Chula Vista,
recorded May 11, 1925, in Book 1073, page 468 of Deeds, Records of
said county; thence S. 17053'22'" E., 40.00 feet to a point on said
Southerly line of Quarter Section 161; thence along said Southerly
line S. 72006'38" W., 39.12 feet to the point of beginning.
EXCEPTING therefrom said Southerly 40 feet of Quarter Section 161,
being a portion of the Northerly half of said "E" Street.
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EXHIBIT "A" (cont.)
Containing 737 square feet, more or less.
The bearings and distances used in the above descriptions are
on the Californla Coordinate System, Zone 6. Multiply all distances
used in the above descriptions by O.99~9645 to obtain ground level
distances.
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, P. O. Box 1087 ;-," .
ChuIa Vista, California 92012
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N~\'l 8-.67
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RS,::O:GUTIC:-l ~,:Ci; _1,64!1___
P.ES()LUTIO~'1 OF ;~~i-iE CIT'Y CCFJNC fL OF Tf{E Cl'I'': Qr .S:HUI.::; iiISI:.u.
p.~CCEFr~~:G ~P__~~~~TS c;:o EA2S~\!ENT EP:J:-'l S.~.N DIEGO &- .Z\f~::::ZOI\~A
E.-;STER1'! RAILROJ:..D IL'J CO~'I.JUncr2.11:0>I ~\7ITi-i 1-5 ~\iIDENING
The Ci.-ty Cou~!.cil of the Cit~l 0::': Chula"\7ista does hereby
resolve as follows:
NO~'l, THEF.EFO~E 1 BE IiE RESOLVED 'ch3.s those
of easeme~c for the widening of I-S
executed by San Diego & Arizona E2stern Railroad
cert?ir.. qr2,n ts
:;
copies of whi8h a~e attached hereto and by this refer~nce made a
part hereof, che same 2S though fully set forth herein be, and the
same are" hereby acc2pted by the City or Chula Vista fG~ the wide~ing
of 1-5.
PrE7sented by
Lane F.CoJ.e,
\~orks
Director of
nA/~ '
Public ~~g D. -Lindberg,
,+--~~
:-\~~ney
City
ADOPTED Ac\D APPROV:::D
VISTA, CALIFORiEi'.. this 5th
followinq voce, to-\qlt:
by the CITY
day or
COUNCIL
!-,l~y
of
the CITY O? CnULA
19..1.0_' by the
lI.YES:
(:~l1r.'.c i., 1 'm.",p.n_ S................ Ho"e-= '.1-""'i' tor- '!:!"yd-
- - - ,- .. - _,~':"._:..L__.:'_~!:'::~_~L_:."___~
Np.YES:
Councii:risn
None
p.BSEt; r:
COLlncilwen Egdahl
~-~ ~---~ "-Cj-
_" P"""/ " .. /;'7.:74 1
1j4$:>'-M-- < /'{.~~zvy- .
(s) "homas D. Hamilton, Jr. ~
~.l-.YOL" or- -l--ho Ci i-~' OF Ch'ul" V-. s~a
.,,::1, (".._.~ _ _.:! _ ! '- L ("..
Al'TEST~~~X~~neth_~~belr
Clty Clerk
STA?E OF CALIFORNIA
COUNTY OF SAN DIEGO 55.
CITY OF CHULA VISTA
I, ______!_~~~!~J;.h_gamp~~ll_______' City Clerk of the City or Ch'...lla
Vista, Califor~i2, DO HEREBY CERTIFY that the above is a full, true and
. correct copy 'of P.esoluti.or:. ~o ._J64P__ 3.nd that tr1e sail1e. has not:. been
amended or .r2;;:.~alec:1. D!-~'l'F:D Nay ,~~'_l.970
A~/. "> ,c /) /"'c:">:/r'''J
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