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HomeMy WebLinkAboutReso 1984-11788 ~q-q06791 RECORDING REQUESTED BY . ease Retu [\ T Q: if Ftllasz,City Clerk . . >Jt 1087 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM RATNER DEVELOPMENT COMPANY FOR DRAINAGE PURPOSES WITHIN PARCELS 5, 6 AND 7 AND FOR STREET PURPOSES ALONG BAY BOULEVARD WITHIN PARCEL MAP 84-9 (A PORTION OF RANCHO DE LA NACION MAP 166) ., .1".. 1643' . r---'H:~TUnUt::[J ~N I Of¡::(;':/¡L Hf',c:on.ns ~, '. I ,~ C· "'.'" "'., ,.~ 'J .-, ~ I Q~ ~M~¡;i~J~'j l.vl..!h: "....'... RESOLUTION NO. 11788 \'134 OCT 2 9 A14 10: 20 I ...YfF/\~,:\._·.Lf.:., 1 ~UliTY i\il"'r':D¡~ The City Council of the City of Chula Vista does hereby resolve as follows: NO FEE NOW, THEREFORE, BE IT RESOLVED that those certain grants of easement for drainage and street purposes executed by Ratner Development Company dated the 5th day of October, 1984, a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein be, and the same are hereby accepted by the City of Chula Vista for drainage and street purposes. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record the documents in the office of the San Diego County Recorder. ;ented by Approved as to form by " ¿'YV' J(Yrron, City - ohn P. Lippitt, Director of ublic Works/City Engineer Attorney ..... .. ____n_ 1644. ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF -iULA VISTA, CALIFORNIA, this 23rd day of October I 84 , by the following vote, to_it: fES: Councilmen Moore, Cox, Malcolm, McCand1iss, Scott ~YES: Councilmen None BSTAIN: CoLncilmen None 3SENT: Councilmen None /5/ Greqory R. Cox Mayor of the City of Chula Vista nEST /5/ Jennie M. Fu1asz City Clerk rATE OF CALIFORNIA )UNTY OF SAN DIEGO TY OF CHULA VISTA ) ) ss. ) -- 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and foregoing is a full, true and correct copy of RESOLUTION NO. 11788 ,and that the- same has not been amended or repealed. ~TED October 24, 1984 ( sea ) ßw~ ~G%~ ¿;/ City Clerk C-660 ity Clerk itv of Chula vista . Box 1087 hl.. _ Vista, CA 92012 ,. "" ". .' c ,- '~1'> u,*:::'à...'~ ;¡ ;.,,;.- 1:4- 40¿' 7 'i.?cc ("-'-"RFC:O~;,D:-.D IN \ ;.... ,. ~''7'''' r t·,\- \ Cff ¡L.!...L n:.,...UG"l,",) 1 at'" S¡~N DìtGD CGUN 1 y, C A. RECORDING REQUESTED BY rBN REClRDED, PLEASE MAIL HIS INSThUMENT TO: 1645 SPACE ABOVE FOR \SB~ OCT 29 AM \0: 20 I ~YEP.:' LLÜ[.~ I ~UN ¡ Y FéCcC'([)[.:..J RECORDER'S USE ONLY o TRANSFER TAX DUE ssessor's Parcel o. NO FEE Easement for Street Pur~oses Ratner Development Company. a California General PartnerRhip o(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, tate of California, the right of way and incidents thereto for a public treet upon, over and across that certain real property in the City of hula Vista, County of San Diego, State of California, described as ollows: SEE EXHIBIT "A" ATTACHED HERETO fi!. -//1ff __'_'_"'_'_.'~' ~__~,~~"._"._____ . _ ._..~_..__."._..,_.."_."___~._~.._."____. ..~_'.'..__~_..~~.".__ "___N.~·._.~."~._.<,~._~__'_.·___" I .... J 1646' The Grantor hereby further grants to the City of Chula Vista tre privileg and right to extend drainage structures and excavation and emban&~ent slo beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, constructi landscaping or maintenance of said public street. Dated this day of STATE OF CALIFORNIA COUNTY OF )SS ) On before me, the undersigned, a Notary Public in and for said State, personally appeared to be the person whose name subscribed to the within instr and acknowledged that the same. WITNESS my Signature H" H. .d_ ......__h_ __....n .u ._..._._._~..,~___.__~".__~__._.____....~_~...__m_"_"~_ ...._~ ...... II 1647. RATNER DEVELOPMENT COMPANY, A CALIFORNIA GENERAL PARTNERSHIP GREENWALD/MCDONALD & COMPANY, A CALIFORNIA GENERAL PARTNERSHIP AS GEN- ERAL PARTNER ' INVESTMENTS, INC., A CALIFORNIA CORPORATION, BY: BY: TITLE: 5<:Jl-<~ BY: # BY. TITLE: FORNIA CORPORATION. AS GEN RAL I BY: I -:\%t ~_\\ iITLE: STATE OF CALIFORNIA) ) ss COUNTY OF SAN DIEGO) On .A-t!~ ,;J. Ý , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared Bennet B. Greenwald, personally known to me or proved to me on the basis of satisfactory evidence to be the President of JHAB Investments, Inc., a California corporation, the corporation that executed the within instrument and personally know to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on b"half of said corporation, said corporation being personally known to me or proved to me on the basis of satisfactory evidence to be one of the general partners of Green- wald/McDonald & Company, a California general partnership, personally known to me or proved to me on the basis of satisfactory evidence to be one of the partners of Ratner Development Company, a California general partnership, that executed the within instrument and acknowledged to me that such corporation executed the same as a partner of such general partnership, and that such general partner- ship executed the same as a partner of such general partnership. , .~~ \~ WITNESS my hand and official seal. . OFF!'~LL s·:':t""'1 MARLEi<äE L. HÞSLER f, .. NOTARY PUBLIC· CAL ~_)riNIA SAN DIEGO COUNTY My Comm E"p're5 May 12, 1 ~1)6 ìt-\\^''t~ ~/j<"/~ Notary Public in and for Said County and State [SEAL] ..v 1648 STATE OF CALIFORNIA) ) ss )UNTY OF SAN DIEGO) ð , 1984, before me, the undersigned, a Public in and for said State, personally appeared P. Michael McDonald, personally known to me or proved to me on the basis of satisfactory evidence to be the President of XYZ Corporation, a California corporation, the corporation that executed the within instrument and personally know to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of said corporation, said corporation being personally known to me or proved to me on the basis of satisfactory evidence to be one of the general partners of Green- wald/McDonald & Company, a California general partnership, personally known to me or proved to me on the basis of satisfactory evidence to be one of the partners of Ratner Development Company, a California general partnership, that executed the within instrument and acknowledged to me that such corporation executed the same as a partner of such general partnership, and that such general partner- ship executed the same as a partner of such general partnership. WITNESS my hand and official seal. ~)¡(A" p ~~ .tary Public in and for Said _ounty and State [SEAL] . OFFICIAL 5£'\L '. MARLENE L, HASLER .. NOTARY PUBLIC· CALIFORNIA SAN DIEGO COUNTY My Comm. Expires May 12, 19£6 . . :\~~ ~>.\ "- -- ---- ----------- -- -- STATE OF CALIFORNIA ss. 1649 ~OUNTY OF SAN DIEGO On rflt7;flhC.J.3 , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared .:5rI9-NLe',/ ç. F~~ , 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 President, and 1.f.Ø~ hk Æ/~&~ , 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~~~~o/rof Ratner Corporation, the corporation that executed the within instrument on behalf of Ratner 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. 0;ll;u g, ¿" 7?( ££" ~ ~ Notary Public in and for Said County and State [SEAL] ~~- OFFICli.L SEAL MARLENE l. ¡',ASLER NOTARY PUSLIC - C,\UFORNIA SAN DIEGO COUt"¡TY My Comm. Expires Mc¡12, 1~€6 , . ~\\ &\\ - - ,.... 1650 EXHIBIT "A" . òEING A PORTION OF THE WEST HALF OF QUARTER SECTION 164 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL, FILED AS MAP NO. 166 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO LYING EASTERLY OF THE EASTERLY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY'S RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" COMMENCING AT A POINT BEING 200 FEET SOUTH OF THE NORTH LINE OF THE WEST HALF OF QUARTER SECTION 164 ALSO BEING A POINT ON THE EASTERLY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY'S RIGHT OF WAY; THENCE NORTH 72°15'16" EAST A DISTANCE OF 313.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 72°15'16" EAST A DISTANCE OF 1.00 FEET; THENCE SOUTH 12°30'35" EAST A DISTANCE OF 428.87 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 270 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 40°00'03" A DISTANCE OF 188.50 FEET; THENCE SOUTH 27°29'28" WEST A DISTANCE OF 137.07 FEET TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 330 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 45°19'34" A DISTANCE OF 261.06 FEET; THENCE NORTH 17°50'06" WEST A DISTANCE OF 25.71 FEET TO A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 331 FEET; A RADIAL LINE TO SAID POINT BEARING SOUTH 76°37' 11" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 40°52' 17" A DISTANCE OF '6.11 FEET; THENCE NORTH 27°29'28" EAST A DISTANCE OF 137.07 FEET TO A ,NGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 269 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 40°00'03" A DISTANCE OF 187.80 FEET; THENCE NORTH 12°30'35" WEST A DISTANCE OF 428.78 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.023 ACRES MORE OR LESS. PARCEL "B" COMMENCING AT A POINT ON THE SOUTH LINE OF THE WEST HALF OF QUARTER SECTION 164 ALSO BEING A POINT ON THE EASTERLY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY'S RIGHT OF WAY; THENCE NORTH 17°46'24" EAST A DISTANCE OF 1164.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 72°13'36" EAST A DISTANCE OF 0.16 FEET TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 430 FEET, A RADIAL LINE TO SAID POINT BEARING NORTH 72°09'54" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 53°02'58" A DISTANCE OF 398.13 FEET TO A POINT OF BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 395 FEET; A RADIAL LINE TO SAID POINT BEARING NORTH 19°06'56" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 49°55'42" A DISTANCE OF 344.21 FEET; THENCE SOUTH 20°57'22" EAST A DISTANCE OF 266.30 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1250 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 5°36'58" A DISTANCE OF 122.52 FEET; THENCE NORTH 20°57'22" WEST A DISTANCE OF 388.63 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 389 FEET; THENCE NORTHERLY ALONG ~"E ARC OF SAI D CURVE THRU A CENTRAL ANGLE OF 43°00' 00" A DI STANCE OF 1.94 FEET; THENCE NORTH 63°57'22" WEST A DISTANCE OF 110.80 FEET TO A IANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 414.97 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 38°54'51" A DISTANCE OF 281.84 FEET; THENCE NORTH 17°46'24" WEST A DISTANCE OF 55.06 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.114 ACRES MORE OR LESS. o...\\Î~'6 --- "" 1651 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- 'ged, the undersigned do/does hereby grant to the City of Chula Vista, the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: SEE EXHIBIT "A" 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 employees engaged by said City, whenever and wherever necessary for the purposes above se t forth: in''!' J IE'S5-- ,-- La¡,d --iõh1-s----------day, --e,f----··.. -,,- 19_ ./ /' F CALIFORNIA) n SAN Diego) 5S , ',,~ , On this """-, day of " /// County of San Diego missioned and sworn, personally known to me the within instrument, excuted the same. 19 , before .nré, , a Notary public in and f~r the said State of California, residi therein, duly com- rsonally appeared be the person who name subscribed to ~he_duly ac owledged"tO me that_he IN WITNESS WHEREOF, I ha ve seal, at my office in the Coun certificate first above writ and affixed my official the day and year in this PW-r;-21 ¡( II 7cF f Notary Public in and for th_ County of San Diego, State of Califor a .. 1652, RATNER DEVELOPMENT COMPANY, A CALIFORNIA GENERAL PARTNERSHIP ùREENWALD/MCDONALD & COMPANY, A CALIFORNIA GENERAL PARTNERSHIP, AS GEN- ERAL PARTNER BY: JHAB PA A ION, BY: BY: ITLE: , .fc'-étZ-eY¡qvw A CDR~ION" AS }~ERA~ ~Y~ &~/e=>~ TITLE: ç c--<-2 ==? LIFORNIA CORPORATION, ~ GENERI\,~PARTNER BY: l; ~ J\C\AA ttw VI!:t \1" t.71 ,ç ,,,'- ;/ BY: TITLE: -ATE OF CALIFORNIA) JNTY OF SAN DIEGO) S.S. ON DAY OF ,19 ,BEF UNDERSI ED~NOTARY PUBLIC IN AND FOR SAID COUNTv-AÑD S E, PERSONALLY , KNOWN TO ME (OR PROV TO ME ON THE BA- D N TO BE THE , , KNOWN TO ME (OR ROV 0 ME ON TH BASIS OF SATISFACTORY EVI N E 0 BE THE OF JHAB INVESTMENTS, INC., A CALIFORNIA ORPORATION, THE R ORA HA EXECUTED THE WITHIN INSTRUMENT AND KNO TO ME TO BE THE ERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF SAID CORPORATI~ SAID CORPORATION BEING KNOWN TO ME TO BE A GENERAL PAR R OF GREEN~LD/MCDONALD & COMPANY, A CALIFORNIA GENERAL PARTNERSHIP, SA I PARTNEß5HIP BEING KNOWN TO ME TO BE A GENERAL PARTNER OF RATNER DEVELOPMEN OMPÁNY, A CALIFORNIA GENERAL PARTNERSHIP, THE PARTNERSHIP THAT EXECUTED T WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SUCH PARTNERSHIP EXECUT~ TH SAME, PURSUANT TO ITS BY-LAWS. / IN WITNESS WHEREOF, I HAVE HEREUNTO T MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR"IN THIS CERTIFIC FIRST ABOVE WRITTEN. NOTARY PUBLIC IN AND OR COUNTY AND STATE MY COMMISSION EXPIRES , 19 --.c. If-.\ 0~'ð 1653 STATE OF CALIFORNIA) ) ss 'OUNTY OF SAN DIEGO) On ¿~~--'--"~( , 1984, before me, the undersigned, a Notary' Public in and for said State, personally appeared P. Michael McDonald, personally known to me or proved to me on the basis of satisfactory evidence to be the President of XYZ Corporation, a California corporation, the corporation that executed the within instrument and personally know to me or proved to me on the' basis of satisfactory evidence to be the person who executed the within instrument on behalf of said corppration, said corporation being personally known to me or proved to me on the basis of satisfactory evidence to be one of the general partners of Green- wald/McDonald & Company, a California general partnership, personally known to me or proved to me on the basis of satisfactory evidence to be one of the partners of Ratner Development Company, a California general partnership, that executed the within instrument and acknowledged to me that such corporation executed the same as a partner of such general partnership, and that such general partner- ship executed the same as a partner of such general partnership. WITNESS my hand and official seal. , ~~~"'1 . OFFICIAL SÜ,!.-- _ MARLENE L. HP'\;';..: _ .. NOTARY PUBLIC· CN.ll'Chi"õA ( _ SAN DIEGO COUNTY My Comm. &.pire$ May 12, 1986 ~A{/&-Æ_7f\d~ )tary Public in and for Said _ounty and State [SEAL] .....HH..- :ì'6~ ~.\\ .0.- .., 1654 STATE OF CALIFORNIA) ) ss ~OUNTY OF SAN DIEGO) 1/ . . On 4.(~~ ~/ , 1984, before me, the undersigned, a Notart·Pu lic in and for said State, personally appeared Bennet B. Greenwald, personally known to me or proved to me on the basis of satisfactory evidence to be the President of JHAB Investments, Inc., a California corporation, the corporation that executed the within instrument and personally know to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument on behalf of said corporation, said corporation being personally known to me or proved to me on the basis of satisfactory evidence to be one of the general partners of Green- wald/McDonald & Company, a California general partnership, personally known to me or proved to me on the basis of satisfactory evidence to be one of the partners of Ratner Development Company, a California general partnership, that executed the within instrument and acknowledged to me that such corporation executed the same as a partner of such general partnership, and that such general partner- ship executed the same as a partner of such general partnership. WITNESS my hand and official seal. .J .' /) ;.' ,fbU:.c- .*. ..d )tary Pubîic' in and _ounty and State .p/,-""./'-.. for / Said OFFicL~L ~~~B;, MARLENE L H,,:;St::R NOTARY PUBUC . CJ\LlFO¡;¡i"1.1I, SAN DIEGO COUNTY My Comm. Expires MClY 12, 1 '86 [SEAL] . . '\~'{ 'Q-\\ '. ..Ü' 1655 STATE OF CALIFORNIA ss. ~OUNTY OF SAN DIEGO On October 1. , 1984, before me, the undersigned. a Notary Public in and for said State, personally appeared ~rAnlpy F. Fn~rpr , 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 President, and Änp K~~~Am , 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 Secretary of Ratner Corporation, the corporation that executed the within instrument on behalf of Ratner 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. //1 / /' . ¿~~~i'f( 'in~£said--------- County and State [SEAL] OFFICIAL SEAL EMMANUEL SAVITCH NC'iAflY FUBlIC.CAlIFORNIA Pii.:NCIPAl OFFICE U..¡ . , \' <;' '()-,\ t 656; EXHIBIT "A" ' PARCEL "C" COMMENCING AT A POINT ON THE SOUTH LINE OF THE WEST HALF OF QUARTER SECTION 164 ALSO BEING A POINT ON THE EASTERLY LINE OF THE SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY'S RIGHT OF WAY; THENCE SOUTH ALONG SAID RIGHT OF WAY SOUTH 17°43'31" EAST A DISTANCE OF 120.99 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 72°13'36" EAST A DISTANCE OF 10.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17°46'24" WEST A DISTANCE OF 1178.80 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 414.97 FEET, A RADIAL LINE TO SAID POINT BEARING SOUTH 57°39'43" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 26°36'03" A DISTANCE OF 192.66 FEET; THENCE SOUTH 72°13'36" WEST A DISTANCE OF 64.24 FEET; THENCE SOUTH 17°46'24" EAST A DISTANCE OF 1010.00 FEET; THENCE SOUTH 72°13'36" WEST A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.720 ACRES MORE OR LESS. 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