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Home My WebLink AboutReso 1987-12865 Revised 1/5/87 RESOLUTION NO. 12865 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM GARDNER INVESTMENT PROPERTIES FOR SEWER PURPOSES IN LOTS 9 THROUGH 14 OF CHULA VISTA ~OODS SUBDIVISION The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain grant of easement for sewer purposes in Lots 9 through 14 of Chula Vista Woods Subdivision executed by Gardner Investment Properties dated the 31st day of December, 1986, a copy of which is attach~ hereto and by this reference made a part hereof as though 'fully set forth herein, be and the same is hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said easement in the office of the San Diego County Recorder. Presented by Approved Ds to form by Jo~.~ P. Lip~itt,' ~irector of Thomas J. Harron, City Attorney Pu~±ic %~orks/City Engineer 2350a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this fith day of January 19 87 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Nader, Moore, Cox, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci lmembers None Chulo Vista /// City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 12865 ,and that the same has not been amended or repealed. DATED City Clerk CITY OF CHUIA VISTA CC-660 GPJkNT OF EASEMENT FOR SEWER PURPCSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, tile 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 sturctures in, Upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: - SEE EXHIBIT "A" · . (ATTACHED) 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 3urposes above set forth. It is understood and aqreed by the parties hereto that the Grantee shall inden%nify and hold the Grantor harmless against all claims for damage or suits for loss, including costs and attorney's fees, arising from injury to any person(s) Or property or life, caused by ;TA' E OF CALIFORNIA%Il I F~ COMHONWEALTH LAND' of ~OI~NTY OF San Diego SS. ntL[ INSURANC[ COMPANY )naDecember 31, 1986 the m[0reme. T~y Lynn Daniells aNom~P~lieinandforsaidS~, e _, ~' ~SS my hand and official seal.~. ~ ~' ~, ~' ~:~' '% :'~' ~ C ~: '~ a ,° ~'" / Exhibit "A" Legal Description Sewer Easement Those portions of Lots 9, 10, 11, 12, 13 and 14 of Chula Vista Tract No. 84-13 according to Map thereof No. 11566 filed in the office of County Recorder of San Diego County, in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: Beginning at the most Southerly corner of lot 12 of said Map No. 11666, said corner also being the Southwesterly corner of said Map 11566; thence along the Southerly boundary line of said Map 11566 North 72o 10' 45" East 301.05 feet to a point on the Southerly line of lot 9 of said Map; thence leaving said Southerly line North 79o 21' 54" West 118.73 feet to a point on the Westerly line of lot 10 of said Map 11566; thence North 230 04' 27" West 36.53 feet; thence North 630 07' 15" West 38.00 feet to a point on the Westerly line of lot 11 of said Map 11566; thence North 5qo 12' 04" West 124.11 feet to a point on the Southwesterly line of lot 13 of said Map 11566; thence North 64o 01' 14" West 33.74 feet; thence South 92o 15' 32" West 38.00 feet; thence South 17o 44' 28" East 41.32 feet to a point on the Northeasterly line of lot 14 of said Map 11566; thence along said Northeasterly line South 56o 09' 47" West 31.22 feet to a point on the Easterly boundary line of said Map 1~5~6; thence along said Easterly boundary line South 17o 44' 28" East 193.06 feet to the Point of Beginning. LAD:yc (B3:LEGAL.DES) SUBORDINATION AGREEMENT WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. ILEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, GREAT AMERICAN FIRST SAVINGS BANK, a California Corporation is hereinafter known as the BENEFICIARY; and C~J~IFOP/~IA (~NEI~AL tV~)RTC~kGE SERVICE, INC. is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by GARDNER INVESTMENT PROPERTIES to secure ~O note(s) for ($9,156,000~ .00 - NINE MILLION ONE.HUNDRED FIFTYT~SAND with interest dated May 22~. 1985 and recorded ma~ 31,. 1985 in Official Records of the San Diego County Recorder, covering the property here~nabove described, as Instrument No. 85-194'073 AHD WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, a~d hereby direct and authorize said TRUSTEE to join in the execution o~'this instrument. NOLO, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IH WITHESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this 31st day of December , 19 86 AS TRUSTEE: AS BENEFICIARY: CAliFORNIA GENERAL MORTGAGE SERVICE, INC., GRE~ ;gVIERIC~ FIRS~ SAVINGS B;d~K, a R6nald J. ~de, A, sZt. Vitae ~President R~hald J. W~de, ~FJnYst ~ice President Charles J. Asst. Vice President WPC 2435E .~'. SFATE OF CALIFORNIA COUNTYOF S~L~ Dieqo.~ SS. On December 31, 1~86 before me, the undersigned, aNot~ Public in md for said State. personally appe~ed RoBbed ~. ~de personally known to me (or proved to me outhebasisofsatisfactoo, cvidence)to~lhe ~$t. V~ce President,~d Ch~Zes J. D~iel known to me m be ~SL. V~ce ~os~doB~f the co~oration that executed the within Instrument. o~ directors Siunature ~eresa M. Leitch Name (Typed o~ P6n(~d) ()~C 2O58 STATE OF CALIFORNIA COUNTY OF On December 53] ~ ] q86 belbre me. the undersigned, a Notary Public in and for said o. thebasisotsalislac~orycvidence)tobethe First Vice _ Charlas J. President, and ~eresa M. Leitch COUNCIL AGENDA STATEMENT Item 13 Meeting Date 1/6/87 ITEM TITLE: Resolution /~J~Accepting grants of easement for sewer purposes in lots ~_' through 14 of Chula Vista Woods Subdivision SUBMII-FED BY: Director of Public Works/City Engineer~<~ REVIEWED BY: City Manager~ (4/5tbs Vote: Yes__No X ) On June 17 and July 15, 1986, the City Council approved the Final Maps for Units 1 and 2 of the Chula Vista Woods Subdivision. The developer proposes to grant easements for sewer and storm drain facilities to the City across lots 105 and 106 of Unit 2 to allow for future development of the adjacent property, and an easement for sewer purposes across lots 9 through 14 of Unit 1 to allow for future construction of a gravity sanitary sewer to eliminate the existing sewer pump station. RECOMMENDATION: That Council adopt the resolution accepting the subject easements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At approximately the same time that the Final Map for Chula Vista Woods was approved, Gardner Investment Properties, the owner of the Chula Vista Woods Subdivision, purchased approximately 700 acres surrounding Chula Vista Woods from United Enterprises; Inc. Gardner Investment proposes to develop approximately 100 acres of the land in the very near future. The developer proposes to extend the sanitary sewer and a storm drain culvert to serve the proposed development, and has requested that the City accept easements through lots 105 and 106 of Chula Vista Woods at this time, to facilitate the future sewer and storm drain extensions. Engineering staff has also requested that the developer grant a sewer easement across lots 9 through 14, so that when it becomes feasible to remove the sewer pump station and construct a gravity system, the easement will be available. As a matter of information, the developer proposes that the City allow an additional 177 single family units to use the sewer pump station serving Chula Vista Woods, until such time as the entire area may feasibly be served with a gravity system. The Engineering Department has determined that the proposed addition of 177 units is technically practical. FISCAL IMPACT: None. WPC 2525E EY-241 - -- by the C ~y Council of Chula Vista, California