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HomeMy WebLinkAboutReso 1966-3981 Form No. 320 RESOLUTION NO. 3981 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM THE SAN DIEGO GAS AND ELECTRIC COMPANY FOR STREET PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows - That certain grant of easement for street purposes for the extension of Melrose between Quintard and Rienstra Streets executed by the San Diego Gas & Electric Company, a corporation dated the 31st day of January , 19 66 , 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 street purposes . Presented by Lane Cole, City Engi eer Approved as to form by r I .r - George D. indberg, Ci Attorn -1- ADOPTED AND APPROVED by the CITY COUNCIL of the February CITY OF CHULA VISTA, CALIFORNIA, this latday of axiiiix1 , 19 66—, by the following vote, to-wit: AYES: COUNCILMEN McCorquodale, Sparling, McMains, McAllister, Anderson NAYES: COUNCILMEN None ABSENT: COUNCILMEN None _ Mayor of the City of Chula Vista � l ATTEST _. _ �..,_`r 4 (IJa� G_f�-(7/ -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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk CC 652 39 7 i ° fir" E' "PANT OF h SEMENT SAN DIrGO G .S & ELECTRIC CO:-:PANY, a corporation, hereinafter called the "Grantor", for e valuable consideration, does hereby grant to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, hereinafter called the "Grantee", an easement and right of way for public street and incidentals thereto, through, ov, r, under and across the Grantor's land situate in the City of Chula Vista, County of San Diego, State of California, being more particularly described as follows: A strip of land, 60 feet in width, within Quarter Sections 92 and 93 of Rancho de la Nacion according to Map thereof No. 166, filed in the office of the County Recorder, County of San Diego, State of California, the center line of said strip being described as follows: beginning at a point on the northwesterly line of Parcel "B" of Princess View according to Map thereof No. 5110, Records of said County, said point being the intersection of the center line of Melrose Avenue with the Northeasterly prolongation of the Southeasterly line of Quintard Street; thence South 48° 36' 13" East (South 50° 17' 40" East, Record per said Map No. 5110), along the Southeasterly prolongation of said center line of Melrose Avenue, a distance of 229.91 feet to the beginning of a tangent curve,concave Southwesterly, having a radius of 500.00 feet; thence Southeasterly and Southerly along the arc of said curve through a central angle of 30° 43' 04"., a distance of 268.06 feet; thence tangent to said curve South 17° 53' 09" East, distance of 93.32 feet to the beginning of a tangent curve concave Northeasterly, having a radius of 500.00 feet; thence Southerly and Southeasterly along the arc of said curve through a central angle of 49° 10' 00", a distance of 429.06 feet to the beginning of a tangent reverse curve, concave Southwesterly, having a radius of 500.00 feet, a radial line of said curve passing through said point of tangency bears North 22° 56' 51" East; thence Southeasterly and Southerly along the arc of said curve through a central angle of 49" 10' 00", a distance of 429.06 feet to the point of intersection of the center line of Melrose Avenue with the Northerly boundary line of Princess Manor Unit No. 7, as shown on Map thereof No. 5585, filed in the office of the Recorder of said County of San Diego. T_e side lines of said 60 foot—wide strip shall be lengthened and/or shortened so as to terminate in the said Northwesterly line of Parcel "B" on the North and in the Northerly boundary line of said Princess Manor Unit No. 7 on the South. 398) EXCEPTINr THEREFROM those ;.portions lying outside the boundary line of the land conveyed to San Diego Gs & Electric Company, a corporation, by Deeds recorded April 29, 1958, in Book 7058 at page 410 and May 27, 1958, in Book • 7097 at page 470, both of Official Records of said County of San Diego. • . Grantee, its successors, assigns or agents, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the construction of said public street ;within said Grantor's property. Grantee covenants for itself, its successors, assigns and agents, that all work in connection with the installation of said public street and its appurtenances shall be done in a workmanlike manner and in accordance • with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore • described public street easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary, provided, however, that such reserved use rights shall not be exercised by the Grantor, • its successors or assigns, in such a manner es to be incompatible with the • Grantee's public street installation. • Grantee agrees that if for any reason said right of way is • • abandoned by Grantee for a continuous period of one (1) year, then all rights herein granted shall revert to the Grantor, its successors or assigns, • automatically and without the necessity of re—entry or notice. This grant of easement is made under the authority and pursuant to the • provisions of General Order No. 69—B of the Public Utilities Commission of • the State of California, which General Order by this reference is incorporated • herein and made a part hereof. f' n 7-C^ r ty- '1 -, Sf .�t. +ITNeS S ROOF, we have hereunto set our hand this e) -- day of v.e7,ee-e , 19 6� . r c — 2 — eeee SAN DIEGO GAB & ELECTRIC COMPANY, a corporation ,--' , Vice President ATTEST: Secretary This is t;; certify that the interest in real property conveyed by this grant of easement w s accepted pursuant to City Council Resolution No. f!e' adopted on i- 3/-((e, and the Grantee thereby consents to recordation thereof. KENrETH CAMPBELL, Clerk City / Deputy STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) S . ON THIS dim day of 2-nuau� , 19 64- , before me, the undersigned, a Notary Public in and for sai County and State, residing therein, duly commissioned and sworn, personally appeared p 7. 7 4c.J� , known to me to be the Vice President and ri ---za,,,, , kno;rn to me to be the Secretary of SAN BI 'G' SAS & ELECTRIC Coh 12 Y, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and Eck;.owledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITN :SS my hand and official seal. y� OFFICIAL SEAL 1)?�^�� G / '�'�x� MARY A. WILK!NS Notary Public in an&for said County and State. F<°b8. NOTARY PUBLIC-CALIFORNIA MARY A. WiLKINS =� PRINCIPAL OFFICE IN My Commission Expires Oct. 19.1967 SAN DIEGO COUNTY — 3 — 31 1 • CONSENT TO MELROSE AVENUE SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, as owner of easement interests in and over that certain parcel of land situated in Quarter Section 92 of Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the Recorder of the County of San Diego, State of California, affected by that certain grant deed from Charles A. Pratt, Louis H. Kornik, Kenneth B. Swanson, Robert 0. Peterson, Warren D. Wright, Robert E. Casey, John L, Poutous, Arlette 1, Poutous, Dennis B. Wittman and Estelle T. Wittman to the City of Chula Vista, a municipal corporation, for street purposes, said street to be known as Melrose Avenue, recorded December 23, 1965, at Recorder's File/Page No. 231108 of Official Records of said County of San Diego, does hereby consent to said street or avenue. The hereinabove referred to interests were acquired under and by virtue of a grant of right of way from United Enterprises, Inc. , a corporation, recorded March 9, 1960, at Recorder's File/Page No. 48825 of Official Records of said County of San Diego. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By �� �� F. W. DeVore, Manager Engineering Land Department • 3 9. E CONSENT TO MELROSE AVENUE SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, as owner of easement interests in and over that certain parcel of land situated in Quarter Section 92 of Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the Recorder of the County of San Diego, State of California, affected by that certain grant deed from Charles A. Pratt, Louis H. Kornik, Kenneth B. Swanson, Robert 0. Peterson, Warren D. Wright, Robert E. Casey, John L. Poutous, Arlette J. Poutous, Dennis B. Wittman and Estelle T. Wittman to the City of Chula Vista, a municipal corporation, for street purposes, said street to be known as Melrose Avenue, recorded December 23, 1965, at Recorder's File/Page No. 231108 of Official Records of said County of San Diego, does hereby consent to said street or avenue. The hereinbefore referred to interests were acquired under and by virtue of a grant of right of way from United Enterprises, Inc., a corporation, recorded March 9, 1960, at Recorder's File/Page No. 48825 of Official Records of said County of San Diego. & ELECTRIC COMPANY, a N coroEtGn F. W. DeVore, Manager Engineering Land Department 392 AGREENEI; T TIIIS AGP EA?r_PIT, made and entered into this / day of T ..4-- ,, 19(G , between the CITY OF CHtULA VISTA, a municipal corporation, hereinafter called "City", and SAN DIEGO GA & ELECTRIC COMPANY, a corporation, hereinafter called "Company", W I T H E S S E T H: WHEREAS, City is desirous of obtaining a Grant of Right of Way for road purposes across that certain property owned in fee by Co--.pany and located adjacent to, contiguous with and southeasterly of Princess View (Map No. 5110); and WHEREAS, said proposed road is referred to as Melrose Avenue, and is scheduled to be a 60—foot—wide dedicated public road connecting Princess View (Map No. 5110) anC Princess Manor Unit No. 7 (Map No. ;:585); and MAEREAS, Company is now using and will continue to use the above menti.ned fee—owned property for the purpose of transmitting high volta fie electricity and high pressure gas for the benefit of its cust.:mers, NOW, Ti-LHFORE, the parties do hereby agree as follows: City agrees to provide two dirt surfaced access roads within Company's property, the locations of which are to be approved by Company; one road to serve Company's property to the southwest of Melrose Avenue and the other to serve Company's property to the northeast of Melrose Avenue. Each road must have a basic width of ten feet, and in addition the entrances facing Melrose Avenue must be at least thirty feet wide. Both roads are to be constructed in a manner that will allow Company (semitrailer) vehicles to turn off from the pavement of Melrose Avenue and drive up said access roads, on a grade not exceeding 15 percent, to reach the facilities located upon said Company's property. Company agrees that immediately upo : the execution and delivery of this Agreement by City, Company will provide City with a fully executed Grant of Right of Way authorizing public road dedication within the above mentioned 60-foot-wide strip of land. SAN DIEGO GAS & ELECTRIC COMPANY, a coraoratio By "Company" CITY CF CHUL A VISTA, a municipal corporation c s." "City" - 2 - 392/