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Home My WebLink AboutReso 1984-11673 ,~ I r"r 'f} "^" / I RESOLUTION NO. 11673 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A ONE FOOT CONTROL LOT, DRAINAGE EASEMENT AND STREET EASEMENT FROM MR. AND MRS. BENNETT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a one foot control lot, drainage easement and street easement, all executed by James Emmett Bennett and Susie Mary Bennett, as Co-Trustees of the Bennett Family Trust Agreement dated September 23, 1982, copies of which are attached hereto and incorporated herein by reference as if set forth In full. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to record said documents in the office of the San Diego County Recorder. Presented by Approved as to form by { / L ,,,,,,- _ ii. Thomas J. Harron, City Attorney \.,.' -;; A '-b ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 19th June ~ULA VISTA, CALIFORNIA, this 84 (ES: ~YES: 3STAIN: 3SENT: nEST day of Councilmen Councilmen Councilmen Councilmen / l I _ i, '/ 1,1'/! .</../t/l/t' j:.. / City Clerk rATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) s s. TY OF CHULA VISTA ) , by the following vole, to-wit: Scott, Cox, Moore, McCandliss None None Malcolm /' t /2. a. Mat.6r the City of Chula Vista , ! )J(t{/(J i '--,' I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of ChuJa Vista, California, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11673 ,and that the same has not been amended or repealed. \TED (:;-660 (seal) City Clerk 0, ') 0; 7/ \ RECORDING REQUESTED BY ,~ 'ft AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BE'LOW, MAIL TAX STATEMENTS TO: ?/l- j 7;/&$07- C0U-(t ?-- 0 o 1- --, City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 92012 L NO TRANSFER TAX DUE ..J /1:/'( ESCROW NO._____ TITLE ORDER NO. SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor(s) declards) Documentary transfer ta x is S ) computed Oil lull valuL' of property eonveyeJ, ) computeJ on full value Jess value of liens and ) Unincorporated area: ( ) City oL m encumbrances remaining at time of sale. ,and By this instrument dated , for a valuable consideration ~B~ ';;{ James Emmett Bennett and Susie . Bennett, as Co-Trustees of the Bennett Family Trust Agreement dated September 23, 1982 hereby GRANTS to City of Chu1a Vista the follO\ving described rL':!l property III the City of Chula Vista County of San Diego , State of California One Foot Control Lot (Turnaround) as described in Exhibit "A" attached herein and made part thereof k~'~~~;t~~{~ Da{~ ?- ~9- , ..&.~~. n"}/~"""'~ Susie Mary ett .s-- 1- 8 ? Date STATI' 01, _L A.(LF-.L21l...AL I I~_ _ __.__ I >SS. COUNTY OF 5 ;;/'i_~l,'- 6' i] _ \ On Ihis Ih,,4ZJ!d"Y "f ----1!.l.Li.':L.._ jCJ,R.4hdor" me. the und~rsigncd, a Notary PUhlit in and lur said Cnunly andSt"t", per"lnally al'pear~~ _ ~_ ,__ ~ _ .....-I Y,4/I/J_L~ L,1.AA/fL~Ti~~J_L_--'T-_ S L/..J.I L_ _,:L!lA.:!L:'!-B .. hI d c- ,/ !" pwved I" me "n the ha~i~ "f ~ati,I,Wlory cvi,kncc 10 he Ihe per,(1I.I~) who,,, nam~I,1 ___ "th~nihed I., this ill,qrHment, alld ackn,'w- led~ed 10 Ill" Ihal DLd:/ exe,'Llled II W[TNESS mv hand and "f1il';al 't'al ,)L- {-'e'"T ~. c' ,-'.. <~ . --;r--r-_---:"____ ().7, Nnlary\\ignalure .....,,~~-."^VJ'J'ol'o~~' ~ OFF[CIAl SEAL :. .. Rol,erlEBrnndl ,," ~ NefA~Y PU~l c ('(1FO~IIIA::'- ~ PR'Ne'PAL OHln IN -': t' ~AN DI[CO CCif'Hl' ::? ;.' 'y CCrllll_>1 ~ hPUBS Oct.IO.1987~ W^~"'''o.'''.J''_............v~^......,..J MA[L TAX STA1TMENTS TO PARTY SHOWN ON FOLWW[!'-it; LINE; II' NO PARTY [5 SIIOWN, MAIL AS D[RECTED ABOVE. Name l -7 ;:> '".) SlrC('1 Address City & Slale /I( ?:;;;1) ( EXHIBIT A ONE FOOT CONTROL LOT (TURNAROUND) 8eing a portion of the Northwest Quarter of the Northeast Quarter of Quarter Section 63 of Rancho de la Nacion in the Citv of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, described as follows: Commencing at the Northeast corner of said Northwest Quarter of the Northeast Quarter of Quarter Section 63; thence along the easterly line thereof South 17050'46" East 505.81 feet to the TRUE POINT OF BEGINNING: thence departing from said easterly line South 81040'48" West 45.47 feet to the beginning of a tangent 41 foot radius curve, concave easterly; thence along the arc of said curve through a central angle of 235018'12" a distance of 168.38 feet to a point of reverse curvature with a tangent 24 foot radius curve, concave southeasterly, a radial of said curve bears North 63037'24" West to said point; thence along the arc of said curve through a central angle of 55018'12" a distance of 23.17 feet; thence tangent to said curve North 81040'48" East 1.09 feet to a point on said easterly line: thence along said easterly line North 17050'46" West 1.01 feet; thence departing from said easterly line South 81040'48" West 0.92 feet to the beginning of a tangent 25.00 foot radius curve, concave southeasterlv; thence along the arc of said curve through a central angle of 55018'12" a distance of 24.13 feet to a point of reverse curvature with a tangent 40 foot radius curve, concave northerly, a radial of said curve bears South 63037'24" East to said point; thence along the arc of said curve through a central angle of 235018'12" a distance of 164.27 feet; thence tangent to said curve North 81040'48" East 45.64 feet to a point on said easterlv line: thence along said easterly line North 1705D'46" West 1.01 feet to the Point of Beginning. ~-1/t?73 ;~ WHEN RECORDED, PLEASE MAIL "THIS INSTRUMENT TO: n'7 /) '7/ ", -" /, . City Clerk City of Chula Vista P. O. Box 1087 Chula Vista, CA 92012 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Easement for Street Purp-oses - TURNAROUND JAMES EMMETT BENNETT AND SUSIE MARY BENNETT, as Co-Trustees of the Bennett Family Trust Agreement dated September 23, 1982 doles) hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of California, the right of way and incidents thereto for a public street upon, over and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: Parcel 2D as described in Exhibit 'A' attached herein and made a part hereof. This grant is, conditioned on the following: the parking of vehicles shall be prohibited within said turnaround. Said easement for street turnaround purposes, as conveyed herein, shall remain in effect as long as the turnaround is deemed necessary as deter- mined by the Grantee. Grantee shall abandon said easement, or portions of said easement, at such time as the necessity for said turnaround is removed by substituting other means of public convenience including, but not limited to, extension of the public street being served by the turnaround to a suitable terminus acceptable to Grantee. 7 /?-//.f7 J 7:; 2/ rhe Grantor hereby further grants to the City of Chula Vista the privilege snd right to extend drainage structures and excavation and embankment slope, Jeyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto Jrantor of the above described parcel of land, his successors or assigns, :he right to eliminate such slopes and/or drainage structures or portions :hereof, when in the written opinion of the City Engineer of Grantee, the lecessity therefore is removed by substituting other protection, support lnd/or drainage facility, provided such substitution is first approved in ,riting by said City Engineer. ~he Grantor hereby further grants to Grantee all trees, growths (growing )r that may hereafter grow)"and road building materials within said :ight-of-way, including the right to take water, together with the right :0 use the same in such manner and at such locations as said Grantee may leem proper, needful or necessary, in the construction, reconstruction, mprovement or maintenance of said public street. 'he Grantor, for himself, his successors and assigns, hereby waives any :laim for any and all damages to Grantor's remaining property contiguous :0 the right-of-way hereby conveyed by reason of the location, construction, .andscaping or maintenance of said public street. J, I day of ~~~ . ,19LJ lated this ~;~Th!~ ~~~ m YlWiA ~ S ISlE MARY BEN~ETT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this i/~. day of '1/UNE , 1983, before me, V3!.(f[/9 &UI/J~R^J a Notary u ~c in and or said County and State, persona y appeare JAMES EM}ffiTT BENNETT and SUSIE MARY BENNETT, personally known to me or proved on the basis of satisfactory evidence to be the persons whose names subscribed to the within instrument as co-trustees, and they duly acknowledged to me that they executed the same as co-trustees. SS IN WITNESS W}IEREOF, I have hereunto set official seal, the day and year in this written. /7. _ A ( Signature ~ ~ NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE Name r!..EeEU n ~tJLL./UIT^J my hand and affixed my certificate first above e OFFICIAL SEAL ,'" ~.. CECELlA SULLIVAN . : ~ NOTARY PUBLIC - CALIFORNIA . _ SAN DI,oO COIJNlY , My comm. expires JUN 23, 1900 (Affix Seal Above) ~-II&l3 .;')7 C; . 7 { , JAMES A. IlUl'CHISON & ASSOC. T.R. ID284.03 9/21/82 EXHffiIT "A" PARCEL 2E - PRIVATE SIDPE & PUBLIC DRAINAGE EASEMENT Being a J;Xlrtion of the Northwest O-larter of the Northeast O-larter of O-larter Section 63 of Rancho de la Nacion in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, described as follows: Commencing at the Northeast corner of said Northwest O-larter of the Northeast O-larter of O-larter Section 63; thence along the easterly line thereof South 17050 '46" East 280.74 feet to the TRUE POINI' CF BEGINNING; thence continuing along said easterly line South 17050'46" East 226.08; thence South 81040'48" West 101.40; thence North 17050'46" West 223.21; thence North 80004 '26" East 100.96 to the TRUE POINT CF BEGINNING. C /OS€s 1 /Z-/IOY n 'Y.. ;l~ GIU\N'I' 01' FJ\SIl'IENT FOR m1\!NI\GE I'UllPOSES -- - Fen ^ VM.u-.Bt.E C(u;IOF:I1J\TION, receipt of .mlch I. hereby acknowledged, the undersigned do/does hereby grant to the City of Chula Vista, In the County of San Diego, state of california, an easP-ment and right of way for, and the right to construct, maIntain, operate, replace, remove, or enlarge a drain sewer and appurtenant structures in, Up:')n, over and ~cross that certain real pro~rty sit~tro in the County of San Diego, State of California, and more ~rtlcularly describ~ as follows: Parcel 2E as described in ExhlbitWA" attached herein and made a ~rt thereof. Togethf"r with the right to enter up:ln and to p1:SS l!nd repass over and along said eaSf!TU~nts and right of way and to deposit tools, Implements and other meterlals thereon by said City of Chula vista, its ofUcer~, ogents, and ~loyees aoo by any contractor, his agents and employees eng""'1ed by said City, whenev~r and wher("IJ~r nece9s~ry for the purposes above ~t forth. It Is tmd@rstooo an=' l'tg'reed that thi!; drainage easement is expected to be n@eded by the City only until such time that Wild o.k Iload I. extended further to the W!:!st and oth~r me;,ns of controlling surfae'! or subsurface drainage are construct~ to the satisfaction of the CIty Engineer. Upon extension of th~ street anrl construction or alternate ClIcllities to the sl:1tlsfaction of the City Engineer, this drainage easement shall automatically termln~te. day of }.,~, orA JAMES EMMETT BENNETT AND SUSIE MARY BENNETT, as Co-Trustees of the Bennett Family Trust Agreement dated September 23, 1982. ~ AA,Aod ~~ VL_AA/ ~ cJ'Mms EMMET BEN ETT krE'i1AR~B_T~ff WITNESS OUR HANDS, thi s ,?- I ,19LS STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this cJprr day of ~)VN.e:- ,1983, before me, ec:aiEUFr ~UWO~t a Notary-ruorIc in and or saiO-COunty and State, personally appeare JAMES EMMETT BENNETT and SUSIE MARY BENNETT, personally known to me or proved on th~ baci~ of c~~iGfc:tc~y evidence to be the persona whose names subscribed to the within instrument as co-trustees, and they duly acknowledged to me that they executed the same as co-trustees. 55 IN tHTNESS m-IEREOF, I have hereunto set official seal, the day and year in this written. /J _ /! ~ Signature ~ ~ NOTARY PUBLIC IN AN OR S 1D COUNTY AND STATE my hand and affixed my certificate first above . OFFICTAL SEAL CECElIA SUlliVAN NOTArN PUBLIC - CALIFORNIA SAN DIEGO COUNTY \ My tomm. expires JUN 23, 1986 '\ Name (J E.(!.L LJ It (Affix Seal Above) .5 UU-../tJ#tJ i./ 1/(/3 -/ '.7') C '~7 '7 ,/, / James A. Hutchison & Assoc Job No. 284-06 KLK 4-8-81 EXHIBIT 'A' PARCEL 2D - STREET EASEMENT (TURNAROUND) Being a portion of the Northwest Quarter of the Northeast Quarter of Quarter Section 63 of Rancho de la Nacion in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, described as follows: Commencing at the Northeast corner of said Northwest Quarter of the Northeast Quarter of Quarter Section 63; thence along the easterly line thereof South Ir50'46" East 506.82 feet to the TRUE POINT OF BEGINNING; thence continuing along said easterly 1 ine South 17050'46" East 52.73 feet; thence departing from said easterly line South 81040'48" West 0.92 feet to the beginning of a tangent 25.00 foot radius curve, concave southeasterly; thence along the arc of said curve through a central angle of 55018' 12" a distance of 24.13 feet to a point of reverse curvature with a tangent 40 foot radius curve, concave northerly, a rad ial of said curve bears South 63'37'24" East to said point; thence along the arc of said curve through a central angle of 235018'12" a distance of 164.27 feet; thence tangent to said curve North 81040'48" East 45.64 feet to the Point of Beginning. /2//;7.-1