HomeMy WebLinkAboutReso 1986-12655 RESO UT O OF THE CIT COUNCIL OF OF
CHOLA VISTA ACCEPTING RIGHT-OF-WAY EASEMENTS
AT 423 CHURCH AVENUE'
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in July 1985, "G" and Church Limited applied
for a permit to construct a 36-unit apartment bulding at 423
Church Avenue known as Oak Terrace, and
WHEREAS, a grading permit was required under Ordinance
1797 of the City Code in which the requirement to construct storm
drainage improvements resulted in the need for right-of-way and
drainage easements being granted to the City for the right of
ingress, egress, and to construct, maintain, operate, replace,
remove, or enlarge a drain sewer and appurtenant structures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that those certain grant of easements for
drainage purposes, executed by John R. Hernandez and Rebecca C.
Hernandez as trustees of the "Hernandez Family Trust"; Laura
Susana Smith; and Tim J. Connole, President of G and Church, a
California Limited Partnership, copies of which are attached
hereto and by this reference made a part hereof, the same as
though fully set forth herein be, and the same are hereby
accepted by the City of Chula Vista for right-of-way.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby directed to record said
easements in the office of the San Diego County Recorder.
P~:~ ~l~//n/ ~ /// Approved as to form by
John ?. L~ppitt, Director' of C~ries-R. Gill, Assistant City
/~ Public Works/City Engineer Attorney
VElAr -
1580
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 5th day of August:
19 B(S , by the following vote, to-wit:
AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss
NAYES: Counci ll~embe rs N o ne
AeSIAIN: Counci ]members None
ABSENT: Counci ]me~bers None
e City of ~,,~la Vista
-
STATE OF CALIFORNIA )
COUNTY Of SAN DIEGO ) ss.
CITY OF CHULA VISTA )
l, 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. 12655
,and that the some has not been amended or repealed
CC-660
~GRANT OF EASEMENT - FOR DRAINAGE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
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 right to construct, maintain, operate, replace, remove, or
enlarge a drain sewer and appurtenant structures in, upon, over and
across that certain real property situated in the City of Chu)a Vista,
· ~[m£y of San D.i-gn, StaZe of ~alifornia, and r~re particularly described
as fol t o~s:
EXHIBIT "A"
together with the right to enter upon and to pass and repass over and
along said easement and righ~-of-way and to deposit tools, i~lements
and other ~terials thereon by said City of Chula Vista, its officers,
age,ts and e~loyees and by any co~tractor, his agents and employes
engaged by said City, whenever and wherever necessary for the purposes
above set forth:
WITNESS our hands this 21st day of January 1986.
G AND CHURCH, A California Limited Partnership
BY: Connole CD~tructi~ Co.,Inc. , A
~rnia Corporation~eneral partner
~: Tim J. Co'~~sident~
BY: /
STATE OF CALl FORNIA )
COUNTY 0F SAN DIEGO) SS
0n ,1986, before me, the undersigned,
STATE OF CALIFORNIA '~.ss
£F"~ay
~~ , in the year 19 ~, betore me, the
On
undersigned, a Notary Public in and for said State. personally appeared
;T -; .; ~.. ,, perso~who executeO the wdhi~ instrument as PresiOent ~, r~s~ectively, of
', :- ' . , J :,:, o~ b~s~2 of s2ticf2ct~%~'.,ide~ce) to be the person that executed the within *~r
: ;:,' r - ' :'. , 7 m' behalf o he~,~¢'/~ Partnership named therein, and acknowl(KI ed/(m¢thatt~,e
.LO(]MENT By CORPORATION WHICH ,S A GEN[NAL pA,TNF, /' ~ //~' ~'~
WOL(aTr5 INC ~ No~y Public in ~d~ said State ',' .;
1582
DRAINAGE EASEMEHT
EXHIBIT
THAT PORTION OF .LOT 3 IN THE QUARTER SECTION 13'~, RAN£HO DE LA NACION,
lJl TH:E J][T'f 'OF CNULA ¥1STA; COLINIry OF 'SAN DIEGO, STATE OF CALIFORNIA, AS
SUBDI~/IDED BY SAMUEL J. BAIRD; ACCORDING TO ~.AP OF SA1D SUBDIVISION, :iU~'BER
185, FILED I{, THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 28,1887
DESCRIBED AS FOLLOWS:
COM~!ENCING AT THE SOUTH~.!ESTEt~LY CORNER OF THE LAND CONVEYED BY LOUISE H. PRAY
TO GEORGE RUDICIAL BY DEED MARCH 13,1930 AND RECORDED IN BOOK t746 AT
PAGE 376 OF DEEDS. IN SAID OFFICE DF THE COUNTY RECORDER, THENCE EASTERLY
ALONG THE SOUTHERI]Y LI,~IE OF SAID RUDICIAL LAND NORTH 71°00'27' EAST 46.72
FEET TO THE TRUE POINT OF BEGINNIHG OF THE HEREIN;DESCRIBED EASEMENT BEING
AN INTERSECTION UITH A NON-TANGENT 28.78' FOOT RADIUS CURVE, CONCAVE NORTHEASTERI.Y,
A RADIAL LIRE TO SAID INTERSECTION BEARS SOUTH 44°40'11" ~,~EST; THENCE SOLITHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AIIGLE OF 63°39'49t', A DISTANCE OF
31-98 FEET TO A POII'FF ON A LINE ~I~IICH LIES 16.00 FEET SOUTHERLY OF AND PARALLEL
WITH SAID SDIJTHERLY £1NE OF RUD1CIAL; THENC~ EASTERLY ALONC- SAID PARALLEL LINE
NORTH 71°00'22~:'EAST ~°2.~5 FEET TO AN INTERSECTION ¥!ITH A NON-TAHGENT 92,00
FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID INTERSECTION
BEARS NORTH I1°31'40'' WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGEL OF 16°06'01TM, A DISTANCE OF 25.85 FEET TO THE END
THEREOF, A RADIAL LINE TO SAID END BEARS NORTH 4°34'21'' EAST; THENCE NON-TANGENT
TO SAID CURVE SOUTH 33°15'31'' EAST 7.42 FEET MORE OR LESS TO AN INTERSECTION
WITH THE EASTERLY LINE OF SAID LOT 3, THENCE NORTHERLY ALONG SAID EASTERLY LINE
NORTH 19°01'O5" ~*/EST 23.73 FEET TO AN INTERSECTI0II $!ITH A NON-TANGENT lO8.O0
FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID INTERSECTION BEARS
NORTH 1°56'50'' EAST; THENCE LEAVING SAID EASTERLY LINE ¥!ESTERLY ALONG THE
ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 14°O5'04'', A DISTANCE OF 26.55 FEET
TO AN INTERSECTION WITH SAID SOUTHERLY LINE OF RUDICIAL, A RADIAL LINE TO SAID
INTERSECTION BEARS NORTH 12°O8' 14" WEST; THE~ICE ¥/ESTERLY ALONG SAID SOUTHERLY
LINE OF RUDICIAL SOUTH 71°00'22" ¥1EST 119.68 FEET MORE OR LESS TO THE TRUE POINT
OF BEGINNING OF THE HEREIN DESCP. IBED EASEMENT.
1584
FOR VALUABLE ' :;liDERATION, receip~ off which is hereby "~' ,~ '-
2edged, the undersi::%-m do/does hereby grant to the City of Chula Vistn,
Ln the County of San ~.iego, State of California, a~ easement and ;~-
of-way for, and the .~aht to construct~ maintain, operate, replace,
move, or enlarge a drain sewer and appurtenant structures in, upon, oveP
and across that certain real property situated In the City of Chu]a
Vista, County of San Diego, State of California, and more particularly
described as follcws:
SEE EXHIBIT "A"
together with the right to enter upon and to pass and repass over and
along sald easement a:ld right-of-way and to deposit tools, implements
and o:her 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:
WIT,~:ESS hand this ~ day of ~NU~ 198~
THE HERNANDEZ FAtMLY IRUST
~N R. HERNAND~Z,, TRU~IEE
COUNTY OF SAN Diego) ss REBECCA C. HERNANDEZ, TRUSTEE
On this ~ day o~~ ~r 198~ , be~o~e me,
g. G//~ , y public in and for the said
County of San Diego, Sta~e of California, residing therein, duly eom-
personally appeared ~
missioned and sworn,
personally known to m~ ~'~ be the person whose name~fgsubscribed to
the within instrument, and~ h duly acknowledged to me that 7he~
excuted the same.
IN WITNESS dHEREOr, I ha~e hereunto set my hand and affixed my official
seal, at my office irt the County of San Diego, the day and year in this
certificate,first above written.
~'~'~~'~~'%~ Notary Public in and for the County
of San Diego, State of California
P%'I-E- 2 1
DRAINAGE EASEMENT
EXHIBIT "A"
THAT PORTION OF THAT PARTICULAR REAL PROPERTY IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CLAIFORNIA, DESCRIBED IN DEED TO JOHN R. HERNANDEZ,
AND REBECCA C. HERNANDEZ, TRUSTEES, RECORDED JUNE 28,1982 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY AS DOCUMENT NUMBER 82-1~8275 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID HERNANDEZS' LAND; THENCE
ALONG THE SDUTI~EBLY 1J~£ Tt+EREOF £OUTH 71°O0'~2'' WEST 3~.66 FE£T TO THE
]-RUE PO~N-I'O~ BEGInNiNG CTFTHE HE1L~EI~ DF-SCRIBED EASEMENT; I~HEI~I:E CONTINUII~I~ ALONG
SAID SOUTHERLY LINE SOUTH 71°00'22I' WEST 14.28 FEET MORE OR LESS TO AN I~ERSECTION
WITH THE EASTERLY LINE OF THAT PARTICULAR DRAINAGE EASEMENT AS SHOWN AND DELINEATED
ON CITY OF CHULA VISTA, DEPARTME~ OF PUBLIC WORKS DRAWING NO. 80-81, SHEET I OF 2,
ENTITLED "CENTRAL DRAINAGE BASIN "G" STREET STORM DRAIN~AS APPROVED AUGUST 12,1980;
THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID EASTERLY LINE NORTH I7°43'39'' WEST
~3.08 FEET; THENCE [EAV~NG SAID EASTERLY LINE SOUTH 65°55'41'' EAST 19.15 FEET
TO THE TRUE POINT OF BEGINNING.
, 1588
GRANT OF EASEMENT - FOR DRAINAGE 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, ah 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:
TU£ WESTERLY 18.00 FEET OF THE NORTH£~Y 26.00 FEET OF T~ SOLrTHERLY 51.00
~ET O~ THAT PARTJCULAR.REAL PROPERTY IR THE CtTY OF CHULA VISTA, COUNTY OF
SAIl DIEGO, STATE 0T CALIFORNIA, DESCRIBED IN DEED TO WILLIAM ARHOLD SMITH AND
LAURA SUSANA SMITH, RECORDED FEBRUARY 25,1952 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY IN BOOK 4380 AT PAGE 212 OF OFFICIAL RECORDS.
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:
WIT~]ME~ hand this day of~ /,~ ,~ 19~
WILLIAM ARNOLD SHITH
STATE OF CALI?O. RNIA
COUNTY OF SAN Diego ~s L~ SUSANA ~MITH
m~atoned and sworn, personally appeared
per~o~li.y ;<~ ~ ;n.~ : ~.~ ~h(~ person whose name~ sub'scr'ibed to
the within ir~:;~r~m~n~., ~nd ~be duly ackno~vledged to me that ~ he
excuted the same.
IN WIX;NESS WHEREOF, I have hereunto set ~ny hand and affixed my official
seal, at my office in the County of San Diego, the day and year in this
certificate first above written.
Notary Public in and for the C~nt'y
of San Diego, State of California