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Home My WebLink AboutReso 1984-11669 fL" ,.)' /" (. 'I ' , - , "' RESOLUTION NO. 11669 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENTS FROM MR. AND MRS. BENNETT FOR STREET, DRAINAGE AND SEWER PURPOSES, AND NAMING AND DEDICATING THE STREET EASEMENT EAST "J" 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 Grants of Easements from James Emmett Bennett and Susie Mary Bennett, as Co-Trustees of the Bennett Family Trust Agreement dated September 23, 1982 for street, drainage and sewer purposes, copies of which are attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same are hereby accepted for street, drainage and sewer purposes by the City of Chula Vista. BE IT FURTHER RESOLVED that said street easement is hereby officially named and dedicated as East "J" Street. BE Chula Vista record said Recorder. IT FURTHER RESOLVED that the City Clerk of the City of be, and she is hereby authorized and directed to documents in the office of the San Diego County Presented by Approved as to form by ( / \',.,1"L -..... j '(-....., ! . . / .t>f Jf ' John P. Lippitt, ai{y Engineer Thomas J. Harron, City Attorney !U!i ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 19th day of June LA VISTA, CALIFORNIA, this 84 , by the following vote, to-wit: S: ES; Councilmen Cox, Moore, McCandliss, Scott Councilmen None iTAIN: Councilmen None ENT; Councilmen Malcolm ] o 0 il/ EST/.f/ 'I/U '- /// . City Clerk )-0(/.0 , / // ,I ( L' t!{ L[A - / rE OF CALIFORNIA ) NTY OF SAN DIEGO ) s s. . OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, -iEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11669 ,and that the same has not been amended or repealed. ED ( sea/l City Clerk 660 City Clerk City of Chula vista P. O. Box 1087 Chula Vista, CA 92012 ;. / (9(f t:t'f- )J/7 1"3'7 /0/1} f~1\.t.9 ') c/ lmEN RECORDED, PLEASE MAIL ''l'HIS INSTRUMENT TO: NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel No. Easement for Street Purp-oses JAllliS EMMETT BENNETT AND SUSIE ~ARY BEID,ETT, 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 ~ista, County of San Diego, State of California, described as follows: Parcel 2A as described in Exhibit "A" attached herein and made a part thereof. '7 /?-//.ri 7 " / (; 1<:.)' The Grantor hereby further grants to the City of Chula Vista the privilege and right to extend drainage structures and excavation and embankment slopes 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 growl"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, construction, landscaping or maintenance of said public street. ') day of J.~? , 19 ~J )ated this ~~ f~Ad LAJdU AMES EMMETT BENN TT Jsrt~~~EH~ /rl/-ff- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this ,:)1$1 day of tJUNE. , 1983, before me, eeeetll1 ~UWUh~.' a Notary~ublic in and for saiOlCOunty and State, personally appeare JAMES EMMETT 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 WHEREOF, I have hereunto set official seal, the day and year in this written. /l /J . j /J/l . , Signature ~ .~ NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE my hand and affixed my certificate first above OFFICIAL SEAL (ECElIA SULLIVAN NOTARY puBLIC ~ CALIFORNIA SAN DIEGO COUNlY My comm. expires JUN 23. 1986 Name t!-UEL-119 ,s ULLI Un-N (Affix Seal Above) R-II~tf7 !ofb JAMES A. HUl'CHISON & ASSOC. KLK ID284. 02 7/23/81 T.R. Rev. 9/21/82 EXHIBIT "A" PARCEL 2A EAST "J" STREET, STREET EASEMENT Being a p:>rtion of the Northwest QJarter of the Northeast QJarter 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 northwest corner of the Northwest QJarter of the Northeast QJarter of said QJarter Section 63; thence southerly along the westerly line South 17050'24" East 123.14 feet to the TRUE roINT CF BEGINNING; thence continuing along said westerly line South 17050' 24" East 33.32 feet; thence departing from said westerly line North 80004'26" East 30.80 feet; thence North 9055'34" West 33.00 feet; thence South 80004'26" West 35.39 feet to the Point of Beginning. c-~k:," 1 ",{!- /I~~ 7' ., / filT GRANT OF EASEMENT FOR SEWER AND DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 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 storm drain, and appurtenant structures 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: Parcel 28 as described in ExhibitftAft attached herein and made a part thereof. Together with the right to enter upon and to pass and repass over and along said easements 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 set forth. It is understood and agreed by the parties hereto that the Grantee shall indemnify and hold 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) or property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or 3ssigns, arising from the construction, operation or maintenance for the aforementioned sanitary sewer or drain or in using, operating or :raveling over the land within the hereinbefore described Grant of ,asement HTNESS OliR HANDS, this <<I day of }A'1 ./~ , 19.13 JAMES EMMETT BENNETT AND SUSIE tMRY BENNETT, as Co-Trustees of the Bennett Family Trust Agreement dated September 23, 1982. cft~~~1E~Nirf 0l-4t ~. ~:.- '-Il\ C4u ~-Y'./Y,-Irr SUSIE MARY BE~~ETT ;?-//119 'I I t'/ <i STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this rJ/sr day of U JJ N Eo , 1983, before me, QEeE~ ';;'()l.l.!{)hH. , a Notary~c in and-for said County and State, persona y appeared JAMES EMMETT 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 WHEREOF, I have hereunto set official seal, the day and year in this written. Signature r!AAi~ ~ NOTA Y PUBLIC IN AND FOR SAID COUNTY AND STATE my hand and affixed my certificate first above OFFICIAL SEAL CECElIA SULLIVAN NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My com"'- expires JUN 23, 19SU :' Name (}E(!eL/fI ~()/ J j/JIJ/IJ (Affix Seal Above) j2-//tftr II)!? JAMES A. HUTCHSION T.R. " ASSOC. 9/21/82 LD284.01 EXHIBIT "A" PARCEL 2B - DR~INAGE AND SEWER EASEMENT eing a portion of the Northwest Quarter of the Northeast Quarter of uarter Section 63 of Rancho de 1a Nacion in the City of Chu1a Vista, ounty of San Diego, State of California, according the Map thereof No. 66 filed in the Office of the County Recorder of San Diego County May 1, 1869, described as follows: ommencing at the Southwest corner of the Northwest Quarter of the ortheast Quarter of said Quarter Section 63; thence along the Southerly ine thereof North 72013'10" East 150.00 feet; thence leaving said outherly line North 17050'24" West 242.49 feet to the TRUE POINT OF EGINNING; thence continuing North 17050'24" West 20.00 feet; thence orth 72009'36" East 30.00 feet; thence South 17050'24" East 20.00 eet; thence South 72009'36" West 30.00 feet to the TRUE POINT OF EGINNING. Clo~~ 1 /2- Ilj~ Y