HomeMy WebLinkAboutReso 1985-12109RECO,RDhNG REQUESTED BY 85-282103
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~ula V~ C~l;fo~a 92ffi2 RESOLUTION NO. 12109
1535 AUG
RESOLUTION O~ THE CITY COUNCIL O~ THE CITY ~
CHULA VISTA ACCEPTING GRANT O~ EASEMENT PRO~
W. A. ~D L. M. BIENHOFF AT 550-580 MOSS ST~ET
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE '~IT RESOLVED by the City Council of NO~
the City of Chula Vista that that certain grant of easement
for drainage pu_____rposes at 550-580 Moss Street
executed dY W. A. and L. M. ~
dated the ~ day of January , 198~-~--, a
copy of ~hlch is attached ~is attached 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 App/~.~ to form by
/s/ John P. Lippitt ~--~/c~;'~.]J~r;h,
John P. Lippitt, Director of Thomas j. Harron, City
Public Works/City Engineer Attorney
0361a
Form 320
Rev. 5-85
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this. 23rd day of._ July
19 85 , by the following vote, to---wit:
AYES: C0unci]members Cox, Malcolm, McCandliss, Scott, Moore
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counc'i ] members None
May~ ot~tl¥~ City of Chula 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 Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTZ0N NO. 12109
,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
1381
_WHEN RECORDED, PLEASE ~'tIL ~IS INSTRUMENT TO:
City C1 erk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
.N.O TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT
DRAINAGE
Assessor's Parcel Project Tel. Cyn. Channel
No. 618-062-33, 618-062-36 W.O. No. EP-02'9
.,~ Parcel Map' No. 13571
~. Log No.
Wayne A. Bienhoff
Linda M. Bi'enhoff
hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release
]~nto the City of Chula Vista, a municipal corporation, herein designated Grantee, its
ccessors and assigns, a perpetual easement and right-of-way upon, through, under, over
_,~d across the hereinafter described real property for the installation, constructionl
maintenance, repair, replacement, reconstruction and inspection of an enclosed or
unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the
flowage 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 assigns forever together with the right to
convey said easement, or any portion of said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and
right-of-way by this grant is situated in the City of Chula Vista, in the County of San
Diego, State of California, and is particularly described as follows:
Parcel 1:
That portion of Lot 32 of Quarter Section 146 of Chula Vista according to Map thereof
No. 505, filed in the Office of the County Recorder of said San Diego County, March 13,
1888, described as follows:
Con~nencing at-'the northeasterly corner of said Lot 32; thence along the northerly line
of said lot, South 71°44'08" West 435.68 feet; thence leaving said northerly line along
the southerly line of an existing 20.00 foot County of San Diego.drainage easement,
recorded October 21, 1936 in Book 577, Page 181 of official records, thence along said
'~therly line South 64°58'42" East 14.58 feet; thence North 71°44,08,, East 42.30 feet
the True Point of Beginning; thence continuing North 71°44'08'' East 43.57 feet, to a
~-/~/o~ Page 1 of 3
_point of intersection with a 356.69 foot radius curve, the center of which bears North
°22'54" West 356.69 feet from said point; thence leaving said southerly line
artheasterly along the arc of said curve 66.06 feet, through a central angle of
10°36'38"; thence tangent to said curve North 71° 00' 8 East 96.~1 feet to the westerly
2 "
terminus of ~n existing 9.00 foot City o~ Chula Vista drainage easement as dedicated by
Chula Vista /ract No. 80-7, Map No. 10028, thence along the westerly and southerly lines
of said easement South 18°27'49'' East 4.96 feet; thence North 71°44'08'' East 125.95 feet
(125.98 feet record per Map No. 10058), thence North 83°02'16'' East 16.§6 feet; thence
leaving said westerly and southerly lines, South 71°00'28'' West 237.70 feet to a tangent
366.69 foot radius curve to the right; thence southwesterly along the arc of said curve
110.93 feet through a central angle of 17°19'59" to the True Point of Beginning.
Parcel 2:
That portion of Lot 32 of Quarter Section 146 of Chula Vista according to Map thereof
No. 505, filed in the Office of the County Recorder of said San Diego County, March 13,
1888, exceptin~~ the easterly 177.00 feet Imeasured along the northerly and southerly
line thereof) and described as follows:
Commencing at the northeasterly corner of said Lot 32; thence along the northerly line
of said lot, South 71°44'08'' West 435.68 feet; thence leaving said northerly line, along
the southerly line of an existing 20.00 foot County of San Diego drainage easement,
recorded October 21, 1936 in Book 577, Page lB1 of official records; thence along said
southerly line South 64°58'42'' East 14.58 feet; thence North 71°44'08'' East 85.87 feet
to the True Point of Beginning; thence continuing North 71°44'08'' East 162.24 feet to
the westerly terminus of an existing 9.00 foot City of Chula Vista drainage easement as
dedicated by Chula Vista Tract No. 80-7, Map No. 10038; thence along the westerly line
said easement South 18°27'49'' East 4.04 feet; thence leaving said westerly line South
,~°00'28" West 96.51 feet to a tangent 356.69 foot radius curve concave northerly to the
right; thence northwesterly along the arc of said curve 66.06 feet, through a central
angle of 10°36'38'' to the True Point of Beginning.
The 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 operating,
maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner
approved by the Grantee, its successors and assigns, any portion of an unenclosed flood
drainage channel provided such enclosure is constructed or installed by a licensed
contractor in accordance with plans and specifications approved by and to the
satisfaction of the Grantee, its successors and assigns. In granting its approval the
Grantee, its successors and assigns, may impose reasonable conditions including, but not
limited to, the filing by the contractor or Grantor of an adequate performance bond to
guarantee completion of the work.
Page 2 of 3
There is reserved to the Grantor, his successors and assigns, the right and privilege to
-~e the above described land of the Grantor at any time, in any manner and for any
~rpose not inconsistent with the full use and enjoyment by the Grantee, its successors
and assigns, of the rights and privileges herein granted.
Executed this~.~, day of__~ , 19~.
,?
STATE OF CALIFORNIA
County of SAN DIEGO
On January 24 , 1985 , before me, lic in and
for said County and State, persona--~T~y appeared Wayne A. Bienhoff
and Linda M. Bienhoff
known to me to be the person s whose name s
are subscribed to the within instrument, and acknowledged that
tney executed the same.
Notary Public in and~/~ounty and State
This is to certify that the interest in real property conveyed by the foregoing deed or
grant to the City of Chula Vista, a municipal corporation, is hereby accepted on behalf
of the City, pursuant to authority conferred by Resolution 12109 adopted
on July 23, 1985 , and the Grantee consents to the recordation thereof by its
duly authorized officer.
Dated July 31, 1985 ~-fz-~(L //..~;.~/
/// City Clerk' ~ /
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