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Home My WebLink AboutReso 1970-5537RESOLUTION NO~: 5537 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM SAN DIEGO GAS AND ELECTRIC COMPANY FOR A PUBLIC STREET AND INCIDENTALS THERETO 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 public street and incidentals thereto executed by San Diego Gas & Electric Com an dated the 3 th day of January , 19 70 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 a public street and incidentals thereto . Presented by - -~ ~,,., Lane F. Cole, Director of Public Works Approved as t arm by George D" Lindberg, City Att ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 17th day of February , 19 70 , by the following vote, to-wit: AYES: Councilmen McAllister, Scott, Sylvester, Hamilton, Hyde NAYES : Councilmen None ABSENT: Councilmen None ~K.~X Mayor of the City of C la Vista ATTEST'' _,~.. ~_<.t G - G ;._L _~_ amity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA LII t..i1.L'Y ~ L '~ ~~t', i~'.,7 _J i ir.~L'~r ~1. Siu~ DIEGO G~ & E;~~;C`I'r.IC GCa"'rr~.~r?, a ;:orporatic~n, hereina=ter called t?ze "~asi}„ar`~, for a.valuable consideration, does hereby =ra~.t to the CI'i':i OF CHiJT~. VISA", a. z~an.a.cipal cor?oration, in the Goaaty of San Dio~o~ State of Califerniaa herein;~ter called the "G.nautee", an eau_-rent and riSht of gray for public street a~3 incider~t:?ls thersto, thr ough, cver, under and across t:.w ursn~`.,or4 s land situate in the Ccunty of San Diego, State of Ca?.ifornia, and more particularly described as follows: T'nat portion of the P+ortheast quarter of the Southeast Quar- ter of ~u^s~er Section 93 of Rancho de la ~dacion, according to i~1ap thereof ito. 106, n •~tho office of the CczLnty Rscordcr of said Ccunty of S::gyn. Diego, described as follows: Beoi:uiino a,, t._ mos ~ :3es ~,..i ly co_ n,..r o~ .moo ,. 50 in IVae:~ on E.,states, according to !=Sap thereof rive 6530, filed i n t`le office of the County :~acord~er of said Caur_ty of San Di ego; thence South 400 ?~~ 32t' tivest alarla the Prorthwesterly b~a~:dart' lino of said Placion Estates 58.59 feet to the mos ~ P~ortherly corner of Lo t 49; the.-~ce 1~--suing said North~~esterly bou.rdary li nQ north 200 02 ~ 23" West, 2$.~?l,, feet to the beginr.irg of a tangent 474e50 foot radius curve concave Southwesterly; thence Ptorthwestsrly along the arc of said curve though. an angle of 100 011 45" a distance of 83. ob feet to the beginni ng of a reverse 525a 50 foot radius curve concave Northyasterly; thenco 1lorthwesterly and Plcrtherly along the arc of said carve tip: ough an angle of 250 33 ~ 20" a dis- tance of 234.39 feet; thence tangent to said reverse cur=ve Prort'r. 4° 30' 48" West, 52.13 feet to the beginning of a ta~.gent 24.39 foot radius cs?:rve concave Southwesterly; thence Tiortherly along the arc of said curve through an angle of 30° 51' S9'' a distance of 13.:1/. felt to a point on the Prortherly lira of said PTortheast Qsarter of the Southeast O,uarter of ~u.~rt~r Section 93; thence PTorth 72° G9' 32n East along said irortherly line 141.24 feet to the point of intersection with the irortherly -prolongation of the Lasterly ling of said Lot 50 of ~taci on Estates; thence South. 20° 021 23" East along said line 13.62 feet; thence South 82° 491 3Sn West, 63.21 fret to the begirxiing of a tangent 24,62 foot radius curve concave SoutheaSL2rlf; tr~er_ca Westerly, Southwesterly and Southerly along the arc of said c-~rva thro~zgh an an71e of S70 2C' 24" a dis Lance oz 37.53 iaot; thencs tangent to said curve South 40 301 48" Eas ;, 5.55 feet to the beginni.r~g of a ta~-igent 474.50 . foot ra<3ius eux•ve concave Plortheasterly; +~,hence Sautherl° and Southeasterly along t'ns arc of said curve t_hro~.zgh an an71e of 250 33' 20" a distance cf 211.64 lest to the beginning of a reverse 525x50 foot radius curve cor_cave Southwesterly; thonca Southeasterly along the arc of said curve 'ihrOUg'Ll an angle of 10° Oli 45'1 a di s- tango of 91a9L feet to the POIirT OE B~,Gii~r_~r1~~1G. ~~ Gr _~.Zl'iC:, i =.~ Su~.Oc S~~v~"3, aSSl`?313, a~~2nt3 OI' COn"irc~.Ctara, 572.1 ~'i2 responsible for wr.y damage ~.o Grantor's existing facilities occasiori;,d by or pMising fro:. the cc~nstr.uction ct said public street within said. Grantor's property. Grantee covenants for itsslf, its successo~-s~ a:~si~ns, agents or contractors, that all war~?~ in cayr_sction with the installation of said public street anal its appu~rtenarces shall be dons in a worla~anlike manner and iri accordance wit:n~sta_rldard engirserino practices. Grantor reser?res ~n1w i.tsel_', its successo^s and assigns, the right to use the subsurface, surface and airspace taeroover, of the hereinbefore described public street easement and right of way, for the installation of su^h facili ties as it shall noTr~ or in the furors deem necessary, pro~.rided, however, that such reserved. use right:> shall. not be exercised by the. Grantor, its successors ar assigns, in sucz a mayor as to be incompatible with the GranL,.eats public strut installation. Grantee shall at all times inden~ify and save harmless Grantor against and pay in full any and all loss, damage or expense that Grantor may sustain, incur or become liable for, resalting in any manner from the constr-ac- tion, maintenance, use, star: or repair or presence of Gran+..eet s facilities ir.- stalled hereunder and all necessary and proper fixtures and equipment for use in connection therewith, incladino any such loss, damage or e~er_se arising out of the {a) loss of or damage to property, and (b) injury to or death of persons, ex cepti*ig any loss, datna.ge or expense and claims for loss, damage or expense resulting in a_ny manner from the negligent act or acts of 1~72e Gran'~,or, its contLLractors, officers, agents or employees. grantee agrees that if for any reason said rigrlt of way is abandoned by Grantee for a continuous period of one (1) year, then all rioats herein o anted shall revert to tae Grantor, its successors or assigns, auto~~atically and without the r_ecPssity of re-entry or notice. 'yj,,,i L+~.LJ ~T~U.1~~~J~~TOT a~.sJ(n~~~~y i11,J TA~~~~~ L::.CLL"L~~ ~~=1~~v.J. 1J,~~v~~G,1ri J/h.O TIl J~ }~.~..ll~ ~(1'Ar1~J~m-r~~ ec~/ LO 1iliC~''- pr.7 V~..Si ons 01 l..tGn~:ra? 1il aer iVO.~ V ~°~ rJf ;J11e Pli.biici l~T l~~ L~. 1~1~v J V I:~L'L' vJ1C i~. of the St.3 to of California, which Genera.i Order b~ this reference is incor- porat~~i herein a:~ci made apart her:.of. I~~ WITv~SS ~~dr.:~,P~~O~, wa ha.t?a hereunto set o~~r h~zd this ~=~ Y;~"~da~ of ,~ ;~, ,; ~' s ~~ DI ~ ~•~~ ~ ~u~c~l~zc co~~Ari~, A CCRPOR~!~TION f ~, , Vice President ATTr~ T: ~ ~^ ' ~% ~ Secretary r li-~~~ ~ CURPOR~_TIOi FOF~I~I STnTE OF C^1_fo:r~?ia. ~.) ON THIS 3~_}~_ _ d.ay cf Jarn~3x T _~, 1G~0 , before me, the undersigned., a Notary Public in and fer said County and State, residing therein, duly commissione~.'~ ar_d sworn, personally appeared I'ti i~. B~~.t.ir_~er , known to me to be the Vice President and J, ~„ Cr,:21?a~ known to me to be the Secretazyy cf 5~,~ ~ ~er~~~Cs~s_ 8c ~; e~.,f~; Uo~~n~i _, the corporation that executed -the *.•rithir. Instrument, known -~o me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and acknowledged to rre that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITr~SS my hand and official seal. t ~eoar r, t ~na~~Nn via„ _m , c a ~.. 3 :e n n n n s a __ 1 . [I C Y D J ': ~ / ~ / aF li''"~. CTN~w~~1J N. ~i.,~l~~ir~ m" ,/ / ,., r r'. .]_ f~..f ! r tr'r^_•~-• ~"` y; Notary Public in and for said County and State. c om 4.^ rn. `~ Pri^cipal Ofi.ce, Sar l7ia_go Ca C~aif. ;_ r n h1y Ccm mis;ior, expires September 9, 1973 ;~ ~>~RTrr~ i N Nw..n i } • C ~ ."~JJ~•~`~4 Y F L~7 CY7~' .1'.1~~_'~ f ~ .. ~'JJ.i4J CORPORATION FORl~1 STATE OF ) COLTNTi OF_ __ _~) ss. ON TuIS day of , 19 , before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissior_ed and sworn, personally appeared , known to me to be the ~, __ President and known to me to be the Secretary of , the corporation that executed the within Instrument, known to me to be the persons urho executed the saithir_ Instrument, on behalf of the corporation therein named, and acknowleo.gad to me that such corporation executed the within Instz~zment pursuant to its By-:~a~:s or a Resolution of its Board of Directors. WITNESS my hard and official seal. Notary Public in and for said County and State, .~•~ ~~7