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HomeMy WebLinkAboutReso 1965-3886t t~ y it RESOLUTION N0 .' 3886 ~ _.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CERTAIiV GRANTS OF EASEMENT FCP. STREET PURPOSES, DRAINAGE 'PURPOSES, AND SEWER PURPOSES, FROM SAFEWAY STORES, INC., A MUNICIPAL CORPORATION, 'AND J. L. JOHDISTON, AN INDIVIDUAL BY ABE S. RUBIN, HIS ATTORNEY IN FACT J. L. Johnston Abe S. Rubin The City Council of the City of Chula. Vista does hereby resolve as follows: WHEREAS, Safeway Stores, Inc., a municipal corporation, has heretofore agreed to construct certain improven~.ents as shown on City Engineering Drawings 65-37L through 65-40L, inclusive, and WHEREAS, the City of Chula Vista ,hereby' agrees to accept said improvements and necessary easements in connection therewith at such time as said improvements are completed to the satisfaction of the City Engineer, and WHEREAS, Safeway Stores, Inc. has delivered' to the City of Chula Vista the following grants of easement for those properties in which said improvements 'are being constructed: OSI`~l- 1. A grant of easement for a right-of-way for a public w~ a 3`~'`~R street and incidents thereto executed by Safeway Stores, >~51k~ Inc., a municipal corporation, dated September 14, 1965. 2. A grant of easement for drainage purposes executed by 5aFeway Stores, Inc., a municipal corporation, dated. September 14, 1965. 3. A grant of easement fo-r sewer purposes, executed by Safeway Stores, Inc., a municipal corporation, dated September 14, 1965. 4. A grant-of easement for sewer purposes executed by J. L. Johnston, an individual, by Abe S. Rubin, his attorney in fact., dated June 18, 1965. copies of which are attached hereto and by this reference made a part hereof, the same as though fully set forth herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the receipt of ail of said easements by the City of Chula Vista be, and the same is hereby acknowledged. 3E IT FURTHER RESOLVED that upon completion and acceptance. of these certain improvements as set forth nereinabove that all of said grants of easements shall be accepted by the City of Chula Vista for the purposes set forth herein. •_1,1~- BE IT. FURTHER RESOLVED that upon notification of the completion of said improvernerits, the City Clerk 'of the City of Chula Vista be, and he is hereby authorized to record said grants of easement. l ,, / S Presented, Lane o e, City Engineer Approved as to fo~_,by rge D. T~i"ndberg, City. Httorney,/ -2- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thisl9th~{ay of October , 19 65 by the following vote, to-wit: AYES: COUNCILMEN SParlin~ McMains, McAllister Anderson, McCorquodale NAPES: COUNCILMEN None ABSENT: COUNCILMEN. None ~~~ Mayor of the City of Chula Vista ATTEST `-~I ~ ~ .--~-~~-l~~~c'"~,,~L~ City Clerk i STATE"'OF CALIFORNIA l 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 and that the same has not been amended or repealed. DATED: City Clerk 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 o£ 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 '. -~ SanDiego, State of California, and more particularly described as . followsc The Southerly 388 feet of the Easterly 10 feet of that certain parcel of land described as '~ -~ follows: ' Those portions of Lots 19, 22 and 27 in Quarter Section 142 of Rancho de la Nacion, __. - in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of said San Diego County, ~`~ described as follows: Beginning at a point in the Northwesterly line of said Lot 19 distant North 71°49'25" ,East 440 feet from the most Westerly comer thereof; thence parallel with the Southwesterly -_ lines of said Lots 19, 22, and 27 South 18°16'45" East 667.44 feet; thence parallel with ,. the Northwesterly line of said Lot 19 South 71°49'25" West 440 feet to the Southwesterly line of said Lot 27; thence along the Southwesterly lines of said Lots 19, 22, and 27 North ._.. ~~ 18°16'45" West 517.44 feet to the Southeasterly line of the Northwesterly 150 feet of said ' Lot 19; thence along said last mentioned Southeasterly line North 71°49'25" East 150 feet ~~- ~ to the Northeasterly line of the Southwesterly 150 feet of said Lot 19; thence along said . ~ last mentioned Northeasterly line North 18°16'45" West 150 feet to the Northwesterly - ~~ line of said Lot 19; thence along the Northwesterly line of said Lot 19 North 71°49'25" East 290' to the point of beginning. .~ Together with those portions of the Southeasterly Half of Palomar Street and the .~ Northeasterly Half of Thinl Avenue adjoining the above described land on the Northwest and the Southwest. ' Together with the right to enter upon andto 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 i 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. _ ,_. .. ' ' Grahtee agrees that at Grantees sole cost, risk and expense, .. ._ ~.ny excavation ox' any part of the above described real property shall be im de in such 3 manner as will cause the last injury to the surface of ' the earth around such excavation„ and the earth and pavement removed in ~'-...,.~~':'- ~ such excavation shall be replaced in as near the same condition as it was - ~ - in prior to such excavation as is possible, and that except. at such time as the surface of said property must be used as aforesaid, for exercising ' the right herein granted, the surface of said property shall be clear of ,~~~~ o Safeway Stores bstructions, and in suitable condition for nor_exc2usive use by grantor its successors, employees and invitees for drive:~ray, parkinj and othc-r purposes. bfITNESS our hand this 14tiz day of SEptember, 2965. SA_~~~di~ S~i'0%ES, INCORPORATr;D (u ft:y2~:nd corporation) F. " n. ~ (Corporate Seal) By ~• T;,s ass- ~ ~an~ V_ce^ resinen~ its Assistant Sc-cretiary -,_ STATE OF CALSFGRNIA} S} ss. -:,r .:_ CGUIv1Y OF ALAr~1S~A t On this 14th day ox Sep'cember, A. D., '965, be°cre me, ?%:. ~. ;iOA~UIN, a Notary Public in and cr the County ai A2aseda, State ci California, . residing therein, duly corr;issicned and sti•rar?_, perscr_a22y ap_~ea,'ed :. ?iAr,RY D, S'tTN1~ERT,A?vTil, knoc.n to me •to be the Assistant v7ice Prcz-dent and PA71~i, i~r. T~10USER, lmo4~m to me to 'Ge t:_c- Assistant Secreta_°y Gf the ' COr pOratl On that eXECi:t Ed the 4P thin 3ns'i.-'i;i7:ia!1t, ana Ll:e Oi cer5 i^:h0 ' executed the raithin inst_umant on behalf ~^ the eo_noz'atior, therein named, and acknoti~riedged to r.!e that such Gar_,orztion Executed she same. IN WITNESS ls~%~;EGr, I have hereunto set °^-y hand and a: _- _" _;,* o__'icial seal the day and year in this certificate ~irst~`a~bove i~r ~itt~~.. 4 z _ \\\~. , _ Dpi, uO^~,31!~ (Notarial Seal) i•SOTARY 'u3;,i C in a,_d °cr '^.e State Of Gahl'Ornia, r=,ith ~~,rlnCipal Gi'fiCE in t'r~6 County o=' Alamada. OFF3G~l+L SEAL ivi3r GO.".1:15510n expire-s: pan. 28, !966 M. 7. JOAOVVN NOTPNY VUl4C CaLeFDFNU '~ FAIPMED~ COFUMTYN G (. 1 `~ ~- ~~ ~ ~ a ~ ~~~-I~-1 ,~ ~, ,. j GRANT OF EASEMENT - FOR DRAINAGE PURPOSES T , ~ - 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, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: A strip of land 10 feet in width, lying 5 feet on each side of the following described center line: Beginning at a point on the Northwesterly line of Lot 19 in Quarter Section 142 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of said San Diego County, distant North 71°49'25" East 317.05 feet from the most Westerly comer of said Lot 19; thence South 26004'57" West 453.46 feet to a point on the Southwesterly line of Lot 22 of said Map No. 505, said point being distant South 18016'45" East 324.77 feet, along the Southwesterly lines of said Lots 19 and 22, from the most Westerly comer of said Lot 19. The side lines of said strip of land shall be prolonged or shortened so as to terminate Northerly in the Northwesterly line of said Lot 19 and to terminate Southerly in the Southwesterly line of said Lot 22. together with tire right to enter upon aryl 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 contretor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forths 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 successoxs 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 theafore- rnentioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below the grade of natural ground. Grantee agrees that at Grantee's sole cost, risk and expense, any excavation a~ aryy part of the above-described real property shall be made in such a manner as will cause the last inJury to the surface i of the earth around such excavation, and the earth and pavement removed in such excavation shall be replaced in as near the same condition as it ~ was in prior to such excavation as is possible, and that except at such time as the surface of said property must be used as aforesaid, for exercis- ~ ing the right herein granted, the surface of said property shall be clear of ~3~~'6 obstructior_s, and in suitable cor_diL'ion for nonexclusive use by grantor its successors, employees an_d invitees far driveiray, parci^U and other p-~;rposes. tVtTN~SS our hand this 14th day cf Septc-tuber, 1y65. SP.~'~,t~JAY STOP-.S, iNCOP.?6HA?'PD (a Baryland corporation} (Corporate Seal) By `ts Assis'ca, Vice Fres~denti Its Assis'cant Secretary STAID Or CALIFORNIA) }S ss. COUNLY OF ALAI~!~DA ~_ On this 14th day of September, A, D„ 1907, before me, ,7, ~. COA_G,UI~'~, a Notary Public in and for the County c= `±larreda, Stale cf California, residing therein, duly cornmissicred ai;a sworn, _aerSO?ally ap2ared HAIRY D. SUv'D~.nLAltD, knot^m co r;:e tc be the -ant Vice 'rresidant and PAUL td. B1CUSL'R, known to L12 L'o 'be 'size .`assista'nt Secretary of ti?e CGPAOrati On thet executed the i4i ti7i:: i%~Ot itmC--;?'L, 2nd t`f1C- 0.~_'iCerS VihG executed the within instrument on behalf of the co~uoratio'n 'c:?erein named, and acknowledged to me that such cor_coraticn executed ci:e same. IN SdITNESS trFinRBOF, I have hereunto set _:~y h~.:d aced affixcu ::;v official seal the day and year in this certificate fi_°sb``a~~b\o\\ve arrit',e??. (Notarial Seal) 2aGT'<' FuBZ~-C in at.' 'o-' ?e S'cate Of C:aliI01°!?1a, Gilt[: _pP1riC'~al Of IiCE ~ in the County of 91a,eda. OFPfC3AL SEAL M. 1. losQUw N.y canmission es_~ires: Can. 2S, 1966 RpTI~RY VUBLIC CPLIfORNW PpINGFFL OfFICE IN PUMEO,. COUNTY 1 I~ 1T1~' ~)_! ~ ~~I~I ~ ~~ GRANT OF EASEMENT J. L. JOHNSTON, by ABE S. RUBIN, his attorney in fact, Grantor, " hereby grants to the City of Ghula Vista, its successors and assigns, Grantee, an easement for the purpose of constructing, maintaining, repairing and/or replacing an underground sanitary sewer line under the Following described real property in the City of Chula Vista, County of San Diego, State of California, described as follows: , The Easterly ten (10) feet of that certain piece and parcel of property, which piece and parcel is described ae follows: Those portions of Lots 27 and 30 in Quarter Section 142 of Rancho de la Nation, in the City of Chula Vista, County of San Diego, State. of California, according to Map thereof No, 505, filed in the office of the County Recorder of San Diego County, described as follows: Beginning at a point in the Southwesterly line of said Lot 27, distant thereon South 18° 16~ 45" East 667.44 feet from the most Westerly corner of Lot lg of Quarter Section 142; thence North 71° 49~ 25" East parallel with the Northwesterly line of said Lot 19, a distance of 440 feet; thence South 18° 16~ - 45" East parallel with the Southwesterly lines of said Lots ' 576.49 feet to the Southeasterly line of Lot 30; thence South 71° 45' 25" West 440 feet to the most Southerly corner of said Lot 30, thence North 18° 16' 45" West along the Southwesterly lines of said Lots, 577.01 feet to the Point of Beginning, TOGETHER with those portions of the Northeasterly Half of Third Avenue and the Northwesterly Half of Quintard Street ~, adJbining'the abOVe described land on the Southwest and the Southeast. The Grantee, its successors and assigns, and its employees and agents shall, when necessary and at all reasonable times, have free access to said strip of land for the purpose of exercising the rights herein granted, provided, however, that any excavation on any part of said strip of Tand shall be made in such a manner as will cause the least injury to the surface of the earth around such excavation,-and. the earth and pavement removed in such excavation shall be'replaced in as near the same condition as it was in prior to such excavation as is possible, and that, except at such times as the surface of said strip must be used as aforesaid for exer- cising the rights herein granted, the surface of said strip shall be clear of obstruction and in suitable condition for nonexclusive use by Grantor, its customers, employees and invitees, for driveway, parking and other purposes. IN WITNESS'WHEREOF, the Grantor has heraxnto caused this grpn~ bf easement. to.be-signed On this 18th day of June, 1965, 1 ~ ~; ~~r - ~' _, ~3kd STATE OF ~, /i ~,v ) )) SS. COIINTY OF ~~~,e,~, On GS , before me, the undersigned, a Notary Publi ini n for said State, personally appeared ABE S. RUBIN, known to me to be the person whose name is subscribed to the with- in instrw-nent, as the•Attorney in fact of J. L..JOHNSTON, and acknowledged to me that he subscribed the name of J. L. JOHNSTON thereto as principal and his own name'as attorney in fact. WITNESS 14Y hand and official seal. ~/////)) n„~ OFFICI~~ .gg / l~ Y A_~ p ~ 1UO.N~tA~ J. [ASiEE~~ ary lie in and for said i ~~ ~ NOTARY PUBLIC . CALIFORNiq Ollnty and/ate. ~•-.-'F. e• ^ PRINC~PgL OFFICE IN ~ ' RIVERSIDE COUNyiYs- ~~~ / 9 .~ 2+~y commis~on expires: b/ (Notarial Seal)