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HomeMy WebLinkAboutReso 1965-3864Form No. 320 RESOLUTION N0. 3864 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM ST. JOHNS EPISCOPAL CHURCH FOR SEWER PURPOSES The City Council of the City of Chula Vista does hereby resolve as followse That certain grant of easement for sewer purposes executed by St. Johns Episcopal Church dated the 26th day of July 1965 , 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 said City of Chula Vista for sewer purposes. ~ S r ~ ~- ~ ~ ~ ~~~ ~~l~l~-~ G S r ~ ~- r~3~tro~7 Presented by Lane Cole, City Engineer Approved as to form by ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this?$thday of September 19 65 by the following vote, to-wit: AYES: COUNCILMEN Starling, McMains, McAllister, Anderson, McCorquodale NAYES: COUNCILMEN None _ ABSENT: COUNCILMEN None ~~ ~~ Mayor of the City of Chula Vista DATED: City Clerk ATTEST ~-~ ~~---<_~.--v.-~x. ~- ~; cz.~.~ < _ -~, --City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of- , and that the same has not been amended or repealed. CC 652 GRANT OF EASMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant structures in, upon, over and across that certain real property situated in the County of San Diego, State of California. anA mnrca particularly described as followsm 3.E~~ feet wide, ~ feet at right angles fln either s3:de of the centerline. €~ver a portion of Lat 33. and a portion bf non Street„ paw closed adjacent thereto in One quarter Section 122 and aver a portion of "I{a Street nc'nar e2osed adjacent to Lot 2 of One quarter Seeti°n 321 in the City of Chula T3sta~, Couxtty of Sao Oiegrss State of Ca3ifornia, according to Map thereof Ito. ~05~ filed ixs the Offive of the County Recorder of Sort t7iego Countys March 13„ 1£!8$, eaiti centerline described as falls Beginning at the centerline interse°tion of '~~ Stree~ fozgasr3,y 3rd Street and Fist .~trenue~ {forffier~v Fi#'th Q~enue); thence i3c~rth 18 71'fx?s Wiest ala the centerline of said First Avenue a distance of 218.83 feet; thence South 63°O7'1sC" West a distance of 1~.~.5 feet to the TRiTR ?QZi'3T OF BEGI~i l=dG, said paint being a paint Qn the ~.'psterly line of said First Avenue; thence continuing South. 63407 ~ ~On T'es't 8. distance of 32.73 feet; ttienee South 17°3a+50'+ West a distance of 283.17 i'eet to s paint an the ~rtherly line of Country Club Dr'Lve3 a.s described i.xz City of Chula. V'3,$ta Resaluti°n Aie, 3~ approeing the closing of smi.d aka Street,, recardec December 2~~ Z95~ in 8~, l~.697s Pgf ,~36 of Dffcf.al E@earde 8$ De?cwaent No. 161b~1 The side lines of said easement t° be shortened sir lengthened so as to terminate ~~ixxbbn the Westerly line of said First Avenue acid the Northerly line of Toget~ie~with t~~e 'right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth. It is understood and agreed by the parties hereto that the Grantee shall indemnify and hold the Grantor harmless against all claims for damage or suits for loss,. including costs and attorney's fees, arising from in- jury to any person(s) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising from the construction, operation or maintenance of the aforementioned sanitary sewer or in using, operating or traveling over the land within the hereinbefore described Grant of Easement. It is further understood and agreed by the parties hereto that the afore- mentioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below the grade of natural ground. WITNESS ~ ~~~ hand.S this ~~'='~ da of ~ Y o,l c~ Ly 19 ~ ,~ NOTE: Attach notary acknowledgement here. Engrg. -E- 1 > 1 ".~ ~ "'~ GRANT OF EASMENT FOR SEWER PURPOSES ~'OR A VALUABLE CONSIDERA~.'ION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant .structures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as followso 10 feet wi..?, 5 feet at right angles on either side of the centerline. Over a portion of Lot 31 and a portion of "K" Street, now closed, adjacent thereto in iJuarter Section 122 and aver a portion of "K" Street, now closed, adjacent to Lot 2 of Quarter Section 121 of Chula Vista in the City of Chula Vista, County of San Diego, State of 4' California, according to !dap thereof Edo. 505, filed in the Office of the County Recorder of San Diego County, Parch i3, 1888, said center- line described as follows: Beginning at the centerline intersection of "K'° Street and First Avenue, (formerly Fifth Avenue); thence North 18°71'OO" West along the centerline of s«id First Avenue a distance of 218.93 feet; thence South 63°07'40" West a distance of 40.45 feet to the TRUE POINT OF BEGINNING, said point being a point on the Westerly line of said First Avenue; thence continuing South 63°07'40" West a distance of 32.73 feet; thence South 17°30'5O" West a distance of 233.17 feet to a point on the northerly line of Country Club Drive, as shown on sheet 4 of 18 sheets of plans for the construction of improvements in Acquisition and Improvement District No. 1 in the City of Chula Vista, San Diego County, California, said plan being on file in the office of the. County Surveyor of said County of San Diego. The side ]fines of said easement to be shortened or lengthened sa as to terminate in the Westerly line of said First Avenue and the .Northerly line of Country Club Drive. Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth. It is understood and agreed by the parties hereto that the Grantee shall indemnify and hold the Grantor harmless against all claims for damage or suits for loss, including costs and attorney°s fees, arising from in- jury to any person(s) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising from the construction, operation or maintenance of the aforementioned sanitary sewer or in using, operating or traveling over the land within the hereinbefore described Grant of Easement. It is further understood and agreed by the parties hereto that the afore- mentioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below the grade of natural ground. WaTNESS hand this f ~ day of 9 ~ S~ ~ ~ ~~~~ NOTE: Attach notary acknowledgement here.