HomeMy WebLinkAboutReso 1985-12174 RESOLUTION NO. 12174
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
McMILLIN DEVELOPMENT, INC. FOR OFF-SITE SEWER
PURPOSES
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 off-site sewer purpos~
executed by McMillin Development, Inc.
dated the 16th day of September , 1985 , a
copy of which 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 Approv~ as to form by
/ohn P. Lippift~ Director of ~ 'ty
Public Works/City Engineer Attorn,
0361a
Form 320
Rev. 5-85
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day Of September
19 85 , by the following vote, to--wit:
AYES: Counci]members Cox, Moore, Scott, McCandliss
NAYES: Counci ] members None
ABSTAIN: Counci ]members None
ABSENT: Council members Malcolm
~6yor (~f t{~e C~y of Chula Vista
~ City Cler~
STATE OF CALIFORNIA )
;aUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
)O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUT][ON NO. 12174
,and that the some has not been amended or repealed
ATED
(seal) City Clerk
S-660
p. O. Box 10S7
~a Vis~ C~a 92012
RESOLUTION NO. 12174
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
McMILLIN DE~LOP~NT, INC. FOR OFF-SITE SEWER
PU~OSES
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 FEE
the City of Chula Vista that that certain grant of easement
for .off-site sewer Durpos~
executed by McMillin Development, Inc.
dated the 16th day of September , 1985 , a
copy of which 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 Approved as to form by
John P. Lippitt, Director of /Thomas~Harron~ City
Public Works/City Engineer k~Attorn
0361a
Form 320
Rev. 5-85
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of September
19 85 , by the following vote, to-wit:
AYES: Councilmembers Cox, Moore, Scott, M¢Candli$s
NAYES: Councilmembers None
ABSTAIN: Counci]members Noae
ABSENT: Council members Malcolm
/s/ Gregory R. Cox
Mayor of the City of Chula Vista
/S/ Jennie M. Fulasz
~TTEST
City Cle~
3TATE OF CALIFORNIA )
;aUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
)O HEREBY CERTIFY that the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION NO. 123.74
.ond tho! the some hos not been omended or repealed.
ATF'D. September 25, 1985
(seal) ~/ City Cler~j ~---- ~'
C-660
359
GPJ%NT OF EASEMENT FOR SE~'rER 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:
PLEASE SEE-ATTACHED 'DESCRIPTION- "
Together with the right to enter upon and to pass and repass over and-
along said easement End 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.
It is understood and agreed by the parties hereto that the Grantee
shall indemnify and h01d 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) ~r property or life, caused by
or resulting, from acts,~or omissions by the Grantee, its successors
or assigns, arising.~from the construction, operation or maintenace"
of the aforementioned sanitary sewer or in using, operating or
traveling over the land within the hereinbefore described Grant of
Easement.
It is further understood and agreed by the parties hereto that the ..
aforementioned sanitary sewer and appurtenances thereto shall be
constructed, placed or laid below the grade of natural ground.
WITNESS mx, .~and this ]6th day of SeDtember ~ 19. ~5 ·
BONITA LONG CANYON PARTNERSHIP BY: McMILLIN DEVELOPMENT, INC.
A CALIFORNIA PARTNERSHIP A CALIFORNIA CORPORATION
NOTE:: Attach notary acknowledge , . ~
PW-E-51 Virgil'E. Elliott
Vice President
360
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
On September 16, ]985 , before me, the undersigned,
a Notary Public in and for said County and State,
personally appeared Virgil E. Elliott , known to
me to be the Vice President of McMILLIN
DEVELOPMENT, INC. , the corporation that
executed the withi'n instrument and known to me to be the
person who executed the within instrument on behalf of
said corporation, said corporation being known to me to
be one of the partners'of BONITA LONG CANYON
PARTNERSHIP , the partnership that
executed the within instrument, and acknowledged to me that
such corporation executed the same as such partner and that
such partnership executed the same.
~ Kimber!y A. C~
Nota~ ~b~ic California
Principal Office In
Kimberly A. Cumming ~ ~ My Comm. Exp. Jan. 24. 1986
E~]NITA LOHG C~NYON ESTATES UNiT 1
A SEWER E~SEMENT 15.00 FEET IN WIDTH OVER THAT PORTION OF OUARTER
SECTION 19 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO.
166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 11, 1869, THE CENTER LINE OF SAID EASEMENT BEING
DESCRIFED AS FOLLOWS:
COIV~,4ENCING AT THE MOST NORTHERLY CORNER OF LOT 200 OF CHULA VISTA
TRACT 81-4 ACCORDING TO MAP THEREOF NO. 11205, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 200, SOUTH 69o29'45" EAST, 43.84
FEET TO THE TRUE POINT OF ~EGINNING; THENCE NORTH 40°30'15'' EAST,
46.32 FEET; THENCE NORTH 46031,37'' WEST, 358.12 FEET; THENCE
NORTH 64055,27'' WEST, 1279.88 FEET TO THE BEGINNING OF ~ TANGENT
1485.00 FCOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12021'05'',
A DISTANCE OF 320.12 FEET; THENCE NORTH 80012,47'' WEST, 400.00
FEET; THENCE SOUTH 06018,03'' WEST, 454.00 FEET; THENCE RETRACING
NORTH 06018'03'' EAST, 454.00 FEET; THENCE NORTH 83041'57'' WEST,
195.58 FEET; THENCE SOUTH 17048'00'' WEST, 180.00 FEET; THENCE
NORTH 69026,00'' WEST; 400.00 FEET; THENCE SOUTH 81°10'00" WEST,
140.00 FEET; THENCE NORTH 72005,28'' WEST, 280.48 FEET TO A POINT
ON THE WESTERLY LINE OF SAID QUARTER SECTION 19, WHICH EEARS
NORTH 17038,57'' WEST, ALONG SAID WESTERLY LINE, 391.97 FEET TO
THE NORTHWEST CORNER OF SAID OUARTER SECTION 19, SAID POINT E~:ING
THE TERMINUS OF SAID CENTER LINE, THE SIDELINES OF SAID EASEMENT
ARE TO ~E SHORTENED OR LENGTHENED SO AS TO ~EGIN AT THE NORTHERLY
LINE OF SAID LOT 200, WHICH BEARS SOUTH 69029,45'' EAST, AND TO
END AT THE WESTERLY LINE OF SAID QUARTER SECTION 19.
=::=~ :C AN'K'ON_._B~IT