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HomeMy WebLinkAboutReso 1986-12379 RESOLUTION NO. 12379 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FOR SEWER PURPOSES FROM EASTLAKE DEVELOPMENT COMPANY 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 construction and maintenance of a sewer line executed by EastLake Development Company, dated the 16th day of January, 1986, a copy of which 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 ~i~.W~yD~rOf /~mas J./~ron, City ~ Attorney // 0361a Form 320 Rev. 2-86 86-075413 RESOLUTION NO. 12379 19 FEB 26 P 12:10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FOR SEWER PURPOSES FROM EASTLAKE DEVELOPMENT COMPANY 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 construction and maintenance of a sewer line executed by EastLake Development Company, dated the 16th day of January, 1986, a copy of which 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 a'uthorized 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 / ~T~homas J.~fron, City Public Works/City Engineer 't/Attorney ~// 0361a Form 320 Rev. 2-86 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this.. 18 ~h day Of_ February 19. 86 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Cox, Scott, Moore NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers McCandliss /s/Gre~lory R. Cox Mayor of the City of Chula Vista ATTEST /s/Jennie M. Fulasz City Clerk 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 RESOLUTION NO, 12379 ,and that the same has not been amended or repealed >ATED February 20, 1986 (seal) ~/~/' - City Clerk ~r :C-660 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this. 18th .~ day of.. February, 19 86 , by the following vote, to--wit: AYES: Councilmembers Malcolm, Cox, Scott, Moore NAYES: Counci 1 members None ABSTAIN: Counci 1members None ABSENT: Counci 1members McCandliss Ma ~Zof Chula Vista ATTES~j~, _ City Clerk ~/ 3TATE OF CALIFORNIA ) ;aUNTY OF SAN DIEGO ) ss. ;ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, )O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTZ0N NO. 12379 ,and that the same has not been amended or repealed. )AT E D (seal) City Clerk C-660 198 ' GP~HT OF EASEMENT FOR SE~,~ER PURPOSES FOR A VALUABLE CONSIDERATION, receipt cf 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, 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: PER EXHIBIT "A"-ATTACHED'HERETO AND ~S SHOWN ON EXHIBIT "B" ATTACHED HERETO. 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 e3nployees engaged by said City,' whenever and wherever necessary for the purpose above set forth. It is understood and agreed., by the parties hereto that the Grantee shall in-de,hi'fy and h01d the Grantor harmless against all claims for damage or suits for loss, including cqsts and attorney's fees, arising from injury to. ~ny person(s) o'r property or life, caused by or resulting from.acts,~or omissions by the-Grantee, its successors or assigns, arzs~ng, from the construction, operation or maintenace' of the aforementioned sanitary sewer or in using, operating or traveling over the land %;ithin the hereinbefore described Grant of Easement. It is further u~derstood and agreed by the parties hereto that the - aforementioned sanitary sewer and appurtenances thereto· shall be constructed, placed or lald below the grade of natural ground. WIT~ESS my .~and this ~'6th day. of Ja6u'ar¥' '; 198_~ DAVID IV,,.~Ni;. · ~, ; · . " ..... - . ROBERT SANTOS'. Vice President NOTE:: Attach notary acknowledge- '" ment here. DANIEL V, IN~.' · . ROBERT SANTOS, Vic. e Pr.e%i~e~n~t~.~ 109 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) ~,~?~.~p~/~./~[~ , before me, the undersigned, a On Notary Pubt.i/~ in an4~for ~a£d S~te, personally appeared Robert santos, pers'%nally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice-President of DANIEL V, INC., a California corporation, the general partner of EASTLAKE DEVELOPMENT COMPANY, 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. WITNESS my hand and official seal. Notary Public. ~/* ~/ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On .~//,~/,~. /~*, ~/~ , before me, the undersigned, a Notary P~lb~c in an~ for~said State, personally appeared ~obert Santos, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice-President of DAVID IV, INC., a California corporation, the general partner of EASTLAKE DEVELOPMENT COMPANY, 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. WITNESS my hand and official seal. 200 VAN DELL AND ASSOCIATES, INC. 1/14/86 388.0102 JRW/5-10 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION A 10.00 FOOT WIDE STRIP OF LAND WITHIN SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER OF SECTIONS 27, 28. 33. AND 34; THENCE SOUTH 21° 07' 46" EAST ],688.61 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 3 OF CHULA VISTA TRACT NO. 84-9, EASTIAKE 1 UNIT 1, MAp NO. 11403, SAID POINT BEING SOUTH 28° 45' 38" WEST 211.73 FEET OF THE MOST EASTERLY LOT CORNER OF LOT 3 OF SAID MAp, ALSO SAID POINT BEING THE TRUE POINT OF BEGINNING AND SAID POINT BEING THE BEGINNING OF A NON-TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL TO SAID POINT BEARS NORTH 69° 04' 42" EAST; THENCE SOUTHEASTERLY 131.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37° 35' 37"; THENCE NON-TANGENT TO SAID CURVE SOUTH 16° 5]' 25" EAST 61.00 FEET; THENCE NoRtH 73° 08' 33" EAST 144.93 FEET; THENCE SOUTH 63° 28' 55" EAST 175.18 FEET; THENCE SOUTH 19° 02' 36" EAST 212.16 FEET; THENCE SOUTH 67° 45' 34" EAST 133.98 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAy OF LAEESHORE DRIVE PER CHULA VISTA TRACT NO. 84-9. EASTLAKE ] UNIT 1, MAP NO. 11403. THE NORTHWESTERLY TERMINUS SHALL BE EXTENDED OR SHORTENED TO TERMINATE ON THE SOUTHEASTERLY LINE OF SAID LOT 3. THE SOUTHEASTERLY TERMINUS SHALL BE EXTENDED OR SHORTENED TO TERMINATE ON THE WESTERLY RIGHT-OF-WAY OF SAID LAKESHORE DRIVE. [-7."',STLAKE I '7['iFF; CHULA VISTA TRACT D~:WN BY., _ T I 1' L E' L--~-_.=__,-_ I ' 'L'.'_ ~ i~-~ASTLAK. E_ I RESIDENTIAL - ........ ( I~A S EMENTS) ,