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Home My WebLink AboutReso 1985-11943 RESOLUTION NO. 11943 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FOR SEWER PURPOSES WITHIN PARCEL MAP 85-4 (A PORTION OF CVT 80-15 KNOWN AS HIDDEN VISTA VILLAGE, AND A pORTION OF THE SOUTHWEST QUARTER OF QUA~rER SECTION 97 ACCORDING TO MAP THEREOF NO. 166) 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 Ci ty of Chula vista that that certain grant of easement for sewer purposes executed by Terra Nova Group, dated the 12th day of February, 1985, 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 is hereby accepted by the City of Chula Vista for sewer purposes subject to submittal of satisfactory evidence to the City Engineer that the ownership of the panhandle parcel on the east side of the property has been transferred from Financial Scene, Inc. to Terra Nova Group prior to recordation of said easements. 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 document in the office of the San Diego County Recorder. Presented by Approved as to form by ( ohn P. L1ppitt, irector , of Public Works/City Engineer' / I 1/0'. fL/ ron, C1ty Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19 85, by the following vote, to_it: 19th day of February - AYES: NAYES: ABSTAIN: ABSENT: Councilmen Malcolm, McCandliss, Scott, Moore Councifmen None Cot.rIcilmen Cox Councilmen None Lv~ I! ~ Mayor ~f t2 City of Chula Vista . ~ ~/ ATTEST //Jt--/UG I)) ~;~ // City Cler v STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11943 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 --~---- , ,"1 , 1396' 85-079636 RECORDING REQUESTED BY , . !<Af:BtV c.., KOsup WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: Cfty Clerk City of Chula V1sta P.O. Box 1087 Chu1a V1sta, CA 92012 ASSESSOR'S PARCEL NO. NO TRANSFER TAX DUE . ~ SPACE ABOVE FOR RECORDER' S USE ONLY r~ ,/;,('~ 4t5@{};'-" EASEJoIE!lT FOR SEWER PURPOSES TERRA NOVA GROUP, A LIMITED PARTNERSHIP , :. ; . '_,!,::;' I .- . , : I ~ I.,,:._I:~':' l~~:.'I,:/~'d~l';~'!"'~' \ . 'J~ ~,.,1-.: __ :.."'..; "'~'-"~ ,..., i%S MAR II f't.\ I: 32 I \'f~" I', . . I.., '.' ". .. -.. i '()'J" 1 .{ , " ., 1fw I~'" "'-'-""~ NO FEE ~ do(es) hereby grant to the City of Chula Vista, 1n 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 structures 1n, upon, over and across that certain real propertysitua'ted. 1n the County of San D1ego,. State of California, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED TO!;ether with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, 1mplements and other materials thereon by said City of Chu1a Vista, its officers, agents, and employees and by a contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth. It 1s understood and agreed by the parties hereto that the Grantee shall 1ndemnify and hold the Grantor harmless against all claims for damage or suits for loss, including . costs and attorney's fees, arising from 1njury to any person(s) or property or life, caus~c by or resul ting from acts, or omissi ons by the Grantee, its successors or assigns, arising from the construction, operation or maintenance of the aforementioned sanitary sewer or in using, operating or travel ing over the land within the hereinbefore described Grant of Easement. ' It is further understood and agreed by the sani tary sewer and appurtenances thereto shall grade of natural ground. WITNESS CUr hand~ this l-t~ day of \)\?-\C'h parties hereto that the aforementioned be constructed, placed or laid below the , 19~5: . \\~-Y ~~ TERRA NOVA GROUP, ^ LIMITED PARTNERSHIP BY: PACIFIC SCENE PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP, AS GENERAL PARTNER BY: PACIFIC SCENE INVESTMENTS INC., A CALIFORNIA CORPORATION, AS tftANAGING GENERAL PARTNER /1 '~;Jp ~ ;/1 BY: 14- ~J.,' 7 if-1,. .-MZ.f/. . RICHARD J.; ARR L', SR. VICE PRESIDENT Vl\ . Ar ES MOXHAfl, BY: VICE PRESIDENT Attach proper notary. PWE -51 WPC 1166E ~ .' 1397 - ~ STATE OF CALIFORNIA) )55. COUNTY OF SAN DIEGO) ON THIS ~ DAY OF ~Y('h IN THE YEAR\S~S-BEFORE ME. A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED RICHARD J. FARRELL, PERSONALLY KNOWN TO I'E.-\Zc.. !'HOYED TQ /1[ QPI THE 8ft,SlS gr SATISr,<,CTQAY :'1I9C/JCr: .~ . ANDUFHoMAS D. IRWIN, PERSONALLY KNOWN TO ME ,~". P~~E~ +g~j nl[ OASIS or St,Tlsr,'.CTQRY [',"CDICC J(c)\. TO 8E"i'fi:;E SR. VICE PRESIDENT AND VICE PRESIDENT RESPECTIVELY~ PACIFIC SCENE INVESTMENTS INC., A CALIFORNIA CORPORATION, THE CORPORATION THAT EXECUTED THE WITliIN INS1RUMENT AND KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE WITliIN INSTRUMENT ON BEHALF OF SAIO CORPORATION. SAID CORPORATION BE I NG KNOWN TO I'E TO BE A MANAG I NG GE~RAL P ARnER OF PAC I F I C SCENE PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP. A PARTNER OF TERRA NOVA GROUP. A LIMITED PARTNERSHIP. THE PARTJoERSHIP THAT EXECUTED THE WITliIN I NS TRU/oENT , AND AO<NOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED TH: SAME AS SUQi PARnER AND THAT SUQi PARTNERSHIP EXECUTED THE SAME. PURSUANT TO ITS BY-LAWS. IN WITlESS WHEREOF. I HAVE HEREUNTO SET MY HANO AND AFFIXED MY NOTARIAL WRITTEN. SEAL. THE DAY AND YEAR IN Tli CERTIFICATE FIRST ABOVE ............,.......,... -.- J'.l'.l"tI'.-,/', ~'_ OFnCIAL SEAL , KATHY L YNH GOMEZ . ",_' , . NOTARY PUBLIC, CAlJIORNIA .' ' PRiNCIPAL OFFiCE IN . " . ' SAN DIEGO COUNTY My Commission Expires Ap~jl 22. 1988 "'J'.l".r^.~~." lj.. ',,- ~ 1\ l( '\____ AND FOR J SA lOCO Y AND STATE MY CO~ISSION EXPIRES r\~I:\ \ d.:,) ) , 1981.... ~'7 ,\}\ "- ~ 1398 Job No. 411. 10 January 23, 1985 D.R. EXHIBIT "A" LEGAL DESCRIPTION FOR SEVIER EASEt1ENT ALL THOSE PORTIONS OF LOT 333 AND LOT 334 OF CHULA VISTA TRACT 80-15 ACCORDING TO t~AP THEREOF rlc. 10051 F I LED I N THE OFF I CE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 3, 1981 AS FILE NO. 81-102438 IrJ THE CITY OF CHULA VISTA, COUrlTY OF $I',N 0 I EGO, STATE OF CAL I FORN I A, BE I riG A 20 FOOT vii DE EASE/'IENT DESCRIBED AS CENTERLlNES~'A' 'B' A~ID 'C' MID THE SIDELINE OF SAID EASEIAENT lilLL BE 10.00 FEET ON EACH S I DE PARALLEL WITH AriD HEASURED AT RIGHT ANGLES TO THE FOlLO\~ I NG DESCR I BED CHiTERlI NES: CENTERLINE 'A' BEG I NN I NG AT THE NORTH\'IESTERL Y CORNER OF SA I 0 lOT 334; SA I 0 PO I NT ALSO BE I NG ON THE SOUTHERLY RIGHT OF WAY LINE OF EAST "H" STREET DEDICATED PER t,IAP 10051; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG THE NORTHERLY LINE OF SAID LOT 334 1. NORTH 71 041' 11" EAST 2. EASTERLY, 3. SOUTH 29003'39" EAST 4. SOUTH 17046'55" EAST 5. SOUTHERLY 6. SOUTH 63007'57" EAST 7. SOUTH 56038'00" EAST 8. SOUTH 46005'03" EAST 9. SOUTH 56038'02" EAST \. 0.. ~3 ~'\ 2.00 FEET TO THE BEGINNING OF A 983.97 FOOT (984.00 FEET MAP 10051) RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 88.81 FEET THROUGH A CENTRAL ANGLE OF 5010'17", TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE AND NORTHERLY LOT LINE 182.46 FEET TO A POINT HEREINAFTER DESCRIBED AS "POINT A"; THENCE 230.49 FEET TO THE BEGINNING OF A 280.00' RADIUS CURVE CONCAVE NORTH- EASTERLY; THENCE ALONG THE ARC OF SAID CURVE 221.63 FEET THROUGH A CENTRAL ANGLE OF 45021'02"; THENCE 133.00 FEET; THEtJCE 166.69 FEET; THENCE 133.32 FEET; THENCE 285.94 FEET; THENCE Job No. 411.10 Legal. Description .p age 2 1399 10. NORTH 33"21 '58" EAST 160.13 FEET; THENCE 11. SOUTH 84"38'02" EAST 151.63 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID EASEr~ENT TO BE PROLONGED OR SHORTENED TO 3EGIN AT SAID SOUTHlvESTERL Y RIGHT OF WAY L I tiE OF EAST H STREET. CENTERLINE "B" BEG I NN I NG AT THE PO I NT HERE I tJABOVE DESCR I BED AS "PO I NT A"; THEt,CE 1. SOUTH 72"13'05" WEST 165.00 FEET TO A POI tiT OF TER/.IINUS. CENTERLINE "C" BEG I NN I NG AT THE PO I tiT HERE I NABOVE oESCR I BED AS PO I tIT "A"; THENCE '. NORTH 72"13'05" EAST 77 . 03 FEET TO TH: SEG I ,~N: j Ie OF A 305.00 FOCT RADIUS CURVE CONCAVE SOUTHERLY; THEtJCE ALONG THE ARC OF SA I D CURVE 2. EASTERLY 3. SOUTH 86"05'40" EAST 4. SOUTH 09"46'35" vlEST 115.45 FEET THROUGH A CEtJTRAL ANGLE OF 21 "41 '15"; THEtlCE 116.75 FEET; THENCE 5.28 FEET TO A POINT BEING THE BEGINNING OF A 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL POINT BEARS NORTH 6014' 27" E,~ST; THENCE ,',LOtIG THE ARC OF SAID CURVE 5. EASTERLY 142.03 FEET THROUGH A CENTRAL ANGLE OF 27"07'31"; THENCE 6. SOUTH 56"38'02" EAST 464.60 FEET TO A PO I tiT OF TERtii NUS. CONTA I N I NG I N ALL 1.198 ACRES, tlORE OR LESS. ~v \\ (;l..' ~ . .,Ji '" ""- - ~~ io .<; !~..- -"~ - '" r<.' ='" - · ,< , . 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" ! .. .. 11 :~ :.~ i;' '!~ ~. ~~ :''2 -- ii .~ %.... ." r Fleasc Rqturn To: j c:;..c ~:: Dr: Fulasz, CIty ClerK 7. 0. 130x J087 -':~ '-I" -:'..., ,...., :I:~:~::1h 9:?-012 1401 RESOLUTION NO. 11943 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FOR SEWER PURPOSES WITHIN PARCEL MAP 85-4 (A PORTION OF CVT 80-15 KNOWN AS HIDDEN VISTA VILLAGE, AND A PORTION OF THE SOUTHWEST QUARTER OF QUARTER SECTION 97 ACCORDING TO MAP THEREOF NO. 166) 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 Ci ty of Chula Vista that that certain grant of easement for sewer purposes executed by Terra Nova Group, da ted the 12th day of February, 1985, 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 is hereby accepted by the City of Chula Vista for sewer purposes subject to submittal of satisfactory evidence to the City Engineer that the ownership of the panhandle parcel on the east side of the property has been transferred from Financial Scene, Inc. to Terra Nova Group prior to recordation of said easements. 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 document in the office of the San Diego County Recorder. Presented by Approved as to form by ~.~' I '--" . ' ! A:dVJ1:f..:i-! ilt"~-1fl//t...-. Thomas J./Harron, City Attorney ./ (/ / ohn P. Lippitt, Director ' of Public Works/City Engineer ( qj) \\ ry--- " . ,- 1402 ' ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of February 19 '85 ,by the following vote, to_it: - AYES: NAYES: ABSTAIN: ABSENT: Councilmen Malcolm, McCandliss, Scott, Moore Councilmen None CoLrlcilmen Cox Councilmen None ~9~~ R ~ /1 " Mayor 'df tJ City of Chula Vista ATTEST ! / STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11943 ,and that the same has not been amended or repealed. DATED March 8, 1985 (seal) ,...,... ,..~'"