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HomeMy WebLinkAboutReso 1985-12128 lrn ;To: 85-308356 P. O. Box 1087 Vista, California 92012 RESOLUTION NO. 12128 RESOLUTION OF THE CITY COUNCIL OF THE CITY CHULA VISTA ACCEPTING TRAFFIC CONTROL EASEMENTS AT TERRA NOVA PLAZA AT EAST STREET The City Council of the City of Chula Vista does hereby resolve as follows: NO FEE · NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that those certain grant of easements for traffic control purposes executed by Longs Drug Stores, Inc., Terra Nova Group and Safeway Stores, Inc., copies of which are attached hereto and incorporated herein by reference as if set. forth in full, be, and the same are hereby accepted as traffic control easements at Terra Nova Plaza at East #H" Street. 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. Presented by -- ~ ~//Appr°ved~as to form by Lippi tt /~~/~ ~)/~ /s/ John P. John P. Lippitt, Director of ~eJ. ~r/~ , 'ty Public Works/City Engineer 0665a 12128 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY 0F CHULA VISTA ACCEPTING TRAFFIC CONTROL EASEMENTS AT TERRA NOVA PLAZA AT EAST STREET 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 those certain grant of easements for traffic control purposes executed by Longs Drug Stores, Inc., Terra Nova Group and Safeway Stores, Inc., copies of which are attached hereto and incorporated herein by reference as if set forth in full, be, and the same are hereby accepted as traffic control easements at Terra Nova Plaza at East "H" Street. 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. Presented by Approve~Tas to form by ~ L/i'p'p~i~~of / ~omas J. ~/~on, City ~/Public Works/City Engineer %~/Attorney (~// 0665a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HULA VISTA, CALIFORNIA, this 13th day of August ~ 85 , by the followingvote, to-wit: YES: Councilmembers Cox, McCandliss, Scott, Moore AYES: Councilmembers None 8STAIN: Council members None 3SENT: C0unci ] members Malcolm e/City of Chula Vista ~ City Clerk-~' ,~ 'ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. FY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTZON NO. 12].28 ,and that the same has not been amended or repealed. TED (seal) City Clerk -660 !l~en Recorded Mall To: ~ 831 'ty of Chula Vista Fourth Avenue Box 1087 Chula Vista, CA 92012 I~,AFFIC CONTROL EASY, lEgIT '' ~E~EA$, Longs Drug Stores, Inc., a California Corporation lhereinafter called the Grantors, are the owners in fee, or h~ve an lnteFest in ~that certain parcel of land, hereinafter called 'said premises," situated in j}~e.Cit~ ~f.C~ula.Vista, hereinafter called 'the City,' County of San Diego, ~a:a~e or ua~irornla, more particularly described as follows: :- See Legal Description'Attached No. 411. 0 P~rcel No. 3 March 11, 1985 L.N. LEGAL DESCRIPTIONS FOR TRAFFIC CONTROL EASEMENT BEING A PORTION OF PARCEL 3, PARCEL MAP NO. 13710 AS FILED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 6, 1985, IN THE CITY OF CHULA VISTA, COUNTY OF SAN D I EGO, STATE OF CALI FORN I A, MORE PART I CULA.RLY DESCR I BED AS FOLLOWS: BEGINNING AT AN INTERSECTION OF THE NORT~WESTERLY CORNER OF SAID PARCEL 3 WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF EAST "H" STREET AS DEDICATED PER CHULA VISTA TRACT 80-15, MAP NO. 10051 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE 1. SOUTH 56o30'05" EAST, 44.58 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE 2. SOUTH 78°21 '58" WEST, 21.21 FEET; THENCE 3. SOUTH 33°21 '58" WEST 84.90 FEET; THENCE 4. NORTH 56°38'02" WEST 29.58 FEET; TO THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINE 5. NORTH 33°21'58" EAST 100.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.070 ACRES MORE OR LESS. WHEREAS, Grantors desire the installation of traffic control'devices in, under and on said premises; and WHEREAS, the City and Grantors have agreed on the installation of a traffic signal at the intersection of East "H" Street and Hidden Vista Drive WHEREAS, to accomplish said installation, it is necessary that the Grantors dedicate to the City a Traffic Control Easement over said !c~:~ premises to provide for the installation of traffic control devices to serve said signal installation. 1. NOW, THEREFORE, the Grantors hereby grant to the City an easement to erect and maintain traffic control devices in, over, under and across the said premises. Reserving however, to the owner of fee underlying said easement the right: (I) to use said easement in a manner not inconsistent with said City's use, for any purpose reasonably necessary to or desirable for the development and utilization of said easement, including but not limited to, planting, erecting, constructing, and maintaining thereon private drives for vehicular and pedestrian ingress and egress, public o.r private sewer and water mains, laterals and conduits, stoKm drains and fire hydrants, wires and conduits, island landscaping and vehicular parking and (2) to grant easements to San Diego Gas and Electric Company, the Pacific Bell,/.. American Telephone and Telegraph Company, and for a community televisiorr antenna company or entity providing a master television antenna sys~. 2. The easement granted herein includes, but not by way of limitation, the following uses of said premises: a. The right to install and maintain on said premises traffic control devices, appurtenant equipment and structures, pavement markings, striping and signing reasonably necessary for the orderly movement of vehicular or pedestrian traffic. b. The right to enter upon and to pass and repass over and along said premises for the purpose of construction, operation, maintenance, repair, modification, use, and/or reconstruction of said traffic control devices, appurtenant equipment and structures, pavement markings, striping and signing. c. The right to enter onto and to pass and repass over and along said premises to take any reasonable action necessary to prevent traffic congestion on said premises or adjacent streets or highways. d. The right to enter onto and to pass and repass over and along said premises for the purpose of causing the abatement of any interference with the orderly movement of vehicular or pedestrian traffic on said premises. 3. The City shall have and hold said easement and all rights appertaining thereto, as set forth in Paragraph 2 herein, and. all rights as set forth in Paragraph 1 herein, until said premises shall cease to be used for access purposes. 834 4. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors do hereby covenant and agree with the City, for the benefit of the public in its use of public streets or highways and said premises, as follows: a. Grantors will not effect or cause to be effected any changes of said traffic control devices including, but not limited to, pavement marking, striping and signing located within said premises unless prior approval has been granted by the Director of Public Works of said City or his designee. 5. The instrument shall be recorded by the County Recorder of San Diego County. Witness Hand This~~ Day of ~y~_ , 1985. LONGS DRUG STORES, INC., A CALIFORNIA CORPORATION /~~"~,, O.D. JONES By: ~'~,..~"(~ ~ V,ce Pres,dent '~ - / A.E. BARKER By: ~"~---~~ Assistant Secretary STATE OF CALIFORNIA ) me COUNTY OF CONTRA COSTA) o~ 3n this ~/'~{ day of ~F%c~z~. , in the year one thousand nine hundred e~g~y-five, b~re me, Janis M. Watt, a Notary Public, State of "-alifornia, duly commissioned and sworn, personally appeared O. D. Jones and Alan E. Barker, personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vice President and Assistant Secretary of the corporation that executed the within instrument, and also known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Contra Costa. ~ N~ry Public, State of California ~ My Commission Expires July 12, 1987 When Recorded Mail To: , 835 ~ity of Chula Vista 276 Fourth Avenue P.O. Box 1087 Chula Vista, CA 92012 TRAFFIC CONTROL EASEMENT WHEREAS, Terra Nova Grouo, e Limited Partnership hereinafter called the Grantors, are the owners in fee, or h~ve an 'inter'est in that certain parcel of land, hereinafter called "said premises," situated in the City of Chula Vista, hereinafter called "the City," County of San Diego, State of California, more particularly described as follows: See Legal Description Attached Job No. 411.10 Parcel 16 LoNo LEGAL DESCR 1 PTI ON FOR TRAFFIC CONTROL EASEIVENT BEING A PORTION OF PARCEL 16, PARCEL ~ NO. 13710 AS FILED IN THE OFFICE OF THE COUNTY RECORDER ON NARCH 6, Ig85~ IN THE CITY OF CHULA VISTA, COUNTY OF S,a~N )IEGO, STATE OF CALIFORNIA, WORE PARTICULARLY DESCRIBED AS FOLLOWS: iBEGINNING AT THE NOST EASTERLY CORNER OF SAID PARCEL '16, BEING AN INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID PARCEL 16 AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF' EAST "H" STREET AS DEDICATED PER CHULA VISTA TRACT 80-15~ NAP NO. '10051 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 16 I. SOUTH 33"'21 '58" WEST, l l .3g FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE 2. NORTH 11"'38'02" WEST~ 16.15 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID EAST "H" STREET; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH ~6'30t05" EAST '11.42 FEET TO THE POINT OF BEGINNING IONTAINS 0.0180 ACRES, I~IORE OR LESS. WHEREAS,, Grantors desire the installation of traffic control devices in, under and on said premises; and HEREAS, the City and Grantors have agreed on the installation of a traffic .ignal at ~qe intersection of East "H" Street and Hidden Vista Drive WNEREAS, to accomplish said installation, it is necessary that the' Grantors dedicate to the City a Traffic Control Easement over'said ~eeee~premises to provide for the installation of traffic control devices to serve said'signal installation. i. NOW, THEREFORE, the Grantors hereby grant to the City an easement to erect and maintain traffic control devices in, over, under and across the said premises. Reserving however, to the owner of fee underlying said easement the right: {I} to use said easement in a manner not inconsistent with said City's use, for any purpose reasonably necessary to or desirable for the development and utilization of said easement, including but not limited to, planting, erecting, constructing, and maintaining thereon private drives for vehicular and pedestrian ingress and egress, public or private sewer and water mains, laterals and conduits, storm drains and fire hydrants, wires and conduits, island landscaping and vehicular parking and {2) to grant easements to San Diego Gas and Electric Company, the Pacific Bell, American Telephone and Telegraph Company, and for a con~unity television antenna company or entity providing a master television antenna system. Z. The easement granted herein includes, but not by way of limitation, the following uses of said premises: a. The right to install and maintain on said premises traffic control devices, appurtenant equipment and structures, pavement markings, striping and signing reasonably necessary for the orderly movement of vehicular or pedestrian traffic. b. The right to enter upon and to pass and repass over and along said premises for the purpose of construction, operation, maintenance, repair, modification, use, and/or reconstruction of said traffic control devices, appurtenant equipment and structures, pavement markings, striping and signing. c. The right to enter onto and to pass and repass over and along said premises to take any reesonable action necessary to prevent traffic congestion on said premises or adjacent streets or highways. d. The right to enter onto and to pass and repass over and along said premises for the purpose of causing the abatement of any interference with the orderly movement of vehicular or pedestrian traffic on said premises. ). The City shall have and hold said easement and all rights appertaining thereto, as set forth in Paragraph 2 herein, and all rights as set forth in Paragraph I herein, until said )remises shall cease to be used for access purposes. 838 4. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors do hereby covenant and agree with the City, for the benefit of the public in its use of public streets or highways and said premises, as follows: a. Grantors will not effect or cause to be effected any changes of said traffic control devices including, but not limited to, pavement marking, striping and signing located within said premises unless prior approval has been granted by the Director of Public Works of said City or his designee. 5. The instrument shall be recorded by the County Recorder of San Diego County. Witness Hand This~,~ Day of ~-]~.y~r~/~ , 1985. 6r Terra Nova Group, A Limited Partnership By: Pacific Scene Properties, a California General Partnership, as General Partner By: Pacific Scene Investments Inc., A California Corporation, as Managing General Partner 'chard d.'F~rrell, SenYor Vice President By: ~~rwi~nl ic~e Pr~sident 839 STAI'~ OF C.,~LIFffiNIA} Iss. COUNTY DF SAN DIEGO} NE, A NOTARY PUGLIC IN AND FOR SAID COUNTY ~0 ~TA~_P~SONALLY ~PEARED RI~ARD J. F~RELL, P~SONALLY ~0~ T0 ~ ~ IRW ~S .................... TO~ ~. VlC~ PRESIDENT ~0 PRESIDE~ RESPECTIVELY" OF P~IFIC SC~ INVES~S INC., CALIFmNIA C~P~TION, T~ CmP0~TION T~T ~ECU~D T~ NI~IN INS~u~ AND K~ T0 < T0 8E ~ P~SON ~0 ~E~D WI~IN INS~U~NT 0N BE~LP OF ~lO C~PO~T ON, SAID C~PO~TION ~]NG KNO~ TO ~ TO BE A ~1~ ~RAL P~R OF P~IFIC ~ENE PROP~TIE5. A ~LIF~NIA ~L P~TN~SHIP, A P~TN~ 0F ~RRA ~VA ~OUP, A LIMI~D P~SHIP, ~ P~RSHIP ~ECU~D T~ NI~IN I~U~NT, ~O ~NLEDGED TO.~ ~r Su~ C~P~ATION EXECU~D ~ ~E AS SU~ P~R ~O ~T SU~ P~TN~SHIP ~ECU~D T~ S~, ~SUA~ TO ITS ~AWS. '- N NIT. SS ~EREOF, I ~VE ~RE~TO SET ~ ~NO ~D ~FIX~ NOTARIAL SE~, T~ DAY ~O Y~R IN ~IS C~TIFI~ FIRST ~OVE Y PUBLIC IN ~0 F~ SAIO CO~Ty ~0 STA~ NISE ~ OO[D~AN ~OTARY PUBLIC - CALIFORNIA ~ My c~m. ~es ~ ~, 1987 _ 'ty of r-hula ~ista .6 Fourth Avenue P.O. Box 1087 Chula Vista, CA 92012 TRAFFIC CONTROL EASF-~IENT Safeway Stores, Incorporated, A Maryland Corporation hereinafter called the Grantors, are the owners in fee, or have an qnteFest in that certain parcel of land, hereinafter called 'said premises,' situateU in the City of Chula Vista, hereinafter called 'the City,' County.of San Diego, State of California, more particularly described as follows: See Legal Description Attached Job No. 411.10 ~' 86.1 Parcel No. 5 March 11, 1985 L .N. ~ LEGAL DESCRIPTION fOR TRAFF I C CON'r'ROL EASEMENT BEING A PORTION OF PARCEL 5, PARCEL MAP NO. 13710 AS FILED IN THE OFFICE OF THE COUNTY RECORDER ON M,~'~CH 6, 1985, IN THE CI'I'Y OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERSECTION OF TIlE NOR'n-IWESTERLY CORNER OF SAID PARCEL 5 WIT ll THE SOUTHWESTERLY RIGHT OF WAY LINE OF EAST "H" STREET AS DEDICATED PER CHULA VISTA TRACT 80-15, MAP NO. 10051 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID RIGHT OF WAY LINE 1. SOUTH 56a30'05'' EAST, 50.00 FEET; TO THE SOUTHEASTERLY LINE OF SAID PARCEL 5; THENCE ALONG SAID SOUTHEASTERLY LINE 2. SOUTH 33a21'58'' WEST 100.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY ~ LINE 3. NORTH 56°38'02'' WEST 46.42 FEET; THENCE 4. NORTH 33°21'58" EAST 85.14 FEET; THENCE 5. NORTH 11o38'02" WEST 5.06 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 5; THENCE ALONG SAID NORTHWEST'ERLY LINE 6, NORTH 33°21'58'' EAST 11.39 FEET TO THE POINT OF BEGINNING CONTAINS 0.108 ACRES MORE OR LESS. WHEREAS, Grantors desire the installation of traffic control devices in, under and on said premises; and ~EREAS, the City and Grantors have agreed on the installation of a traffic signal at the intersection of East "H" Street and Hidden Vista Drive WHEREAS, to accomplish said installation, it is necessary that the Grantors· dedicate to the City a Traffic Control Easement over said q-ee~e~-premises to provide for the installation of traffic control devices to serve said'signal installation. i. NOW, TIqE~EFORE, the Grantors hereby grant to the City an easement to erect and maintain traffic control devices in, over, under and across the said premises. Reserving however, to the owner of fee underlying said easement the right: (1} to use said easement in a manner not inconsistent with said City's use, for any purpose reasonably necessary to or desirable for the development and utilization of said easement, including but not limited to, planting, erecting, constructing, and maintaining thereon private drives for vehicular and pedestrian ingress and egress, public o.r private sewer and water mains, laterals and conduits, storm drains and fire hydrants, wires and conduits, island landscaping and vehicular parking and (2) to grant easements to San Diego Gas and Electric Company, the Pacific Bell, American Telephone and Telegraph Company, and for a community television antenna company or entity providing a master television antenn~ system. 2. The easement granted herein includes, but not by way of limitation, the following uses of said premises: a. The right to install and maintain on said premises traffic control devices, appurtenant equipment and structures, pavement markings, striping and signing reasonably necessary for the orderly movement of vehicular or pedestrian traffic. b. The right to enter upon and to pass and repass over and along said premises for the purpose of construction, operation, maintenance, repair, modification, use, and/or reconstruction of said traffic control devices, appurtenant equipment and structures, pavement markings, striping and signing. c. The right to enter onto and to pass and repass over and along said premises to take any reasonable action necessary to prevent traffic congestion on said premises or adjacent streets or highways. d. The right to enter onto and to pass and repass over and along said premises for the purpose of causing the abatement of any interference with the orderly movement of vehicular or pedestrian traffic on said premises. 3. The City shall have and hold said easement and all rights appertaining thereto, as set forth in Paragraph 2 herein, and. all rights as set forth in Paragraph I herein, until said premises shall cease to be used for access purposes. 843 4. For valuable consideration, the receipt and sufficiency of which is ,~ hereby acknowledged, the Grantors do hereby covenant and agree with the City, for the benefit of the public in its use of public streets or i~i highways and said premises, as follows: a. Grantors will not effect or cause to be effected any changes of said traffic control devices including, but not limited to, pavement marking, striping and signing located within said premises unless prior approval has been granted by the Director of Public Works of said City or his designee. 5. The instrument shall be recorded by the County Recorder of San Diego County. Witness Hand This 24th Day of April , 1985. SAFEWAY STORES, INCORPORATED, A MARYLAND CORPORATION ~ice President - ~ts~'Ass 't Secret~ry CALIFORNIA t ss. ,UNTY OF~--]~ Angeles A~pril 24, 1985 before me, the undersigned, a Notary Public in and fo, id State, personally appe~red--~l~ES W~GALIBF --' metobethe~Asslt V~ice President, and- ____ IP~C~ H,~OSTELLO to me to be the ASS It~Secretary of the corporation that executed the within instrument, nd known to me to be the persons who executed the within on behalf of the corporation therein named, and to me thai such corporation executed the within Kathleen L. Linn