HomeMy WebLinkAboutReso 1986-12460· : 2364 Revised 5/5/86
RESOLUTION NO. 12460
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REAL PROPERTY CONTRACT
AND ACCEPTING DRAINAGE EASEMENT FOR HILLTOP
DRIVE ROAD IMPROVEMENTS IN THE CITY OF CHULA
VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in conjunction with the County road improvement
project on Hilltop Drive near Oxford Street, it was necessary for
the County to obtain a drainage easement to construct part of the
public improvements, and
WHEREAS, in order to obtain the drainage easement, it
was necessary to enter into a real property contract with the
property owner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Real Property
Contract dated the 21st day of April, 1986, a copy of which is
attached hereto and incorporated herein by reference as if set
forth in full.
BE IT FURTHER RESOLVED that the City of Chula Vista does
hereby accept the easement for drainage purposes from Demetrio U.
Guarin and Eileen Ped V. Guarin, Co-Trustees of The Guarin Family
Trust, Under Declaration of Trust Dated September 11, 1984, and
Any Amendments Thereto.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby directed to record said
easement in the Office of the San Diego County Recorder.
Presented by Approved as to form by
· ?~)/'/~-'~Th/~mas J
· ,[:l~T//~oh, City
r°f' ' y g' ~_~/ctorney (/
1472a
· 2365
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 6th day of May
19 86 , by the following vote, to-wit:
AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci lmembers None
.~'?¢ Mayor {~ tl~ City of Ch a 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,
30 HEREBY CERTIFY thot the above and foregoing is o full, true ond correct copy of
RESOLUTION NO. 12460
,and that the some has not been amended or repealed
)ATED
City Clerk
CI'IY OF
CHUIA VISTA
:C-660
2360 86' 19275.$
ennie ~. Ful;ts~ City Clerk ~ .... ,:, ~.~.~t~ ,~_ ,j ~ j ,
P. O. Box 10S7 I~ ', ] t~: ~ [ ...... ~:
"hula Visr~ C~ffor~a 92012 ] ........ ~'~.* r, . '
,u ,~,,o~ ...... 1 SPACE ~ ~,~ ~ ONLY
DRAINAGE
Assessor's Parcel Project: Hilltop Dr.
No. 619-262-21
W.O. No.: ~Z~(
Parcel No.: 86-~A
Log No.: 851~
DENETRIO U. GUARIN and EILEEN PED V. GUARIN,
Co-Trustees Of The Guarin Fmily Trust, Under Declaration of Trust
Dated September 11, 1984, and Any ~endments Thereto
hereinafter designated Grantor{s) do{~] hereby grant, bargain, convey and release unto
the City of Chula Vista, herein designated Grantee, its successors
and assigns, a perpetual easement and right-of-way upon, through, under, over a~ across
the hereinafter described real property for the installation, construction, mintenance,
repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood
D~INAGE channel and all structures incidental thereto, and for the ~owage of any waters
in, over, upon or through said channel, together with the perpetual right to remove buildings,
structures, trees, bushes, undergrowth, and any other obstruction interfering with the
use of said easement and right-of-way by the Grantee, its successors or assigns. To
have and to hold said easement and right-of-way unto itself and unto its successors and
!ssigns forever together with the right to convey said eas~ent, or any portion of said
)asement, to other public agencies.
Fhe real property referred to hereinabove and made subject to said eas~nt and rioht-of-wav
)y this grant is situated in the County of San Diego, State of California, and is =aFticularl~
lescribed as follows:
!~rcel No. 86-0004A {1-08-86) {MDT:JA:at)
'hat portion of Lot 4 in Quarter Section I19 of CHULA VISTA, being a resuDdivision of
;he Rancho de la Nacion, according to M~p thereof No. 505 filed in the Office of the
ounty Recorder of San Diego County, lying Southeasterly of a line that is 7.50 feet
orthwesterly of and parallel with, the following described line:
EGINNING at the Northerly terminus of the centerline described in deed to San Diego
ounty Flood Control District, Zone 4 recorded May 17, 1971 as File/Page No. 71-102045
n the Office of the County Recorder of said County; thence Northeasterly to a point
n the Southwesterly right-of-way line of Hilltop Drive {80.DO feet wide) as shown on
entry Subdivision, Map No. 7098 filed in said County Recorder's Office on October 27,
971, distant thereon 18.D0 feet Northwesterly along said right of way line frm the
~utherly line of said Lot 4.
)GETHER with that portion of said Lot 4 lying Northeasterly of line that is 20.00 feet
~uthwesterly of and parallel with said Southwesterly right-of-way line of Hilltop Drive
Southeasterly of line that is 30.00 feet Northwesterly of and parallel with said
)utheasterly line of Lot 4.
236i
Ne Grantee shall have the right to fence all or any portion of said easement herein
conveyed within which there is installed or constructed an unenclosed flood drainage
channel. The Grantee, its successors and assigns, shall be responsible for ooeratino,
laintaining, and keeping in good repair the above described works of improvenent.' '
he Grantor, his successors and assigns, reserves the right to enclose in a manner aooroved
the Grantee, its successors and assigns, any portion of an unenclosed flooo drainage
~anneI ~roviued such enclosure is construct~ or installed by a licensed contractJr
accordance with plans and specifications approved by and to the satisfaction of the
rantee, its successors and assigns. In granting its approval the Grantee, its successors
nd assigns, may impose reasonable conditions including, but not limited to, the filing
the contractor or Grantor of an adequate performance bond to guarantee completion
the work.
qere is reserved to the Grantor, his successors and assigns, the right and orivilege
use the above described land of the Grantor at any tim~, in any manner and for any
~rpose not inconsistent with the .full use and enjoyment by :the Grantee, its successor~
assigns, of the rights and privileges herein granted.
~ecuted this ,~.y/~-~
DEMETRIO U'. GUARIN, Co-Trustee
~A'I"~ OF CALIFORNIA
Count)' of San Diego ~SS
On April 21~ 1986 before me, ROBERT D. CUMWALT, County Cler~ and
ex-officio Clerk o~ tne ~uper~or Court in and for said County and State, which is a
court of record having a seal, personally appeared DEMETRIO U. GUARIN and EIL£EN
PED V. GUARIN~ Co-Trustees of the Guarin'Family Tr~st~
bein~ proved to me on :he basis of s&tis£actory evidence to be the Trustee(s) ~mder the
Declaration of Trust dated September )l? 1984~ and any Amendments thereto~
and to be the Person(s] whose n:e(s) is (are) subscribed to the ~ithin inst.--~:ent a:d
acknowledges thzt ~he~executed the same as T:stee{s) ~d that said T:st
the sma.
WITNESS my hand and official seal. '.~
ROBERT D. ZUMWALT Z/:.~x,~,..:.~
of ~ Superio~ Court
REAL PROPERTY CONTRACT
Chula Vista, California
~pr±l 2! , 1986 Project Title: Hilltop Drive Road
Improvements
GRANTOR: DEMETRIO U. GUARIN, Co-Trustee Work Order No: R90256
EILEEN PED V. GUARIN, Co-Trustee Parcel No: 86-0004A
An Easement for drainage purposes, in the form attached hereto as Exhibit A and
made a part hereof, has been executed and delivered to Joel P. Newsom, Real Property
Agent of the County of San Diego, acting on behalf of the City of Chula Vista, here-
inafter called City.
In consideration of which, and other considerations hereinafter set forth, it is
mutually agreed as follows:
1. The City shall:
A. Accept and record the document referred to above without cost of any kind
to Grantors.
B. Pay any escrow, title insurance, and recording fees incurred in this trans-
action.
C. Take title to the property conveyed by the document referred to above, subject
to any exceptions of record.
2. Grantors understand that it is the intention of City to cause certain drainage
facilities to be constructed within the easement being acquired hereunder, with
no cost or assessment therefor to be levied against Grantors or their remaining
property.
3. It is expressly understood that no monetary consideration is to be paid to Grantors
for the property rights described in the aforesaid deed. Grantors' willingness
to donate such property rights is predicated upon (1) anticipated benefits accruing
to Grantors' property and the neighborhood in general, as a result of the proposed
drainage construction, and (2) the explicit understanding that none of the costs
associated with the proposed project, including relocation of any public utility
facilities, will be borne by Grantors.
4. Grantors warrant that they are the owners of fee title to the property described
in the aforesaid document, and there are no oral or written leases on all or any
part of the property exceeding a period of one month. Grantors agree to hold the
City harmless and reimburse the City for any and all of its losses and expenses
occasioned by reason of any lease held by any tenant of Grantors for a period
exceeding one month.
363
D~METRIO U. GUARIN, Co-Trustee
EILEEN PED V. GUARIN, Co-Trustee -2- Hilltop Drive Road Improvements
5. City agrees to hold the undersigned harmless from any and all penalties, liabil-
ities, or loss resulting from claims or court actions arising directly or indir-
ectly out of any damage or injury to persons or property by reason of acts or
omissions of the City, its agents, employees, or independent contractors, in
exercising any of the privileges herein granted or in consequence hereof.
6. The performance of this agreement constitutes the entire consideration for said
document and shall relieve the City of all further obligation or claims on this
account, or on account of the location, grade, construction, or operation of the
proposed public improvement.
The parties hereto have herein set forth the whole of their agreement. No consideration
other than that set forth herein will be honored.
IN WITNESS HEREOF, the parties hereto have executed this agreement the day and year
first above written.
DEMETRIO U. GUARIN, Co-Trustee
RECOMMENDED FOR APPROVAL
t-~ EILEEN-PED V. GUARIN, Co-Trustee
/ Joel P. N~wsom -
CITY OF CHULA ~VISTA
~rk, City Cdan'c~T' /~/ x Da~e
!1~'~ S71° 23'0 O" W 60. O 0,
PC)F{ ,I
~.r'
SCALE; I" = 30'
-- 40' ~ BASIS OF B~'ARING
MAP NO.
o --.. viciNITY MAP
~ ~ NO SCALE
55.00'
MAP 50 N 71°23'20"E 60.00' CHULA
LOT ~ ~ ST~
COUNTy OF SAN DIEGO