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HomeMy WebLinkAboutReso 1983-11366 ~~:lE~~f~~~ I3f~UESTED BY ~ \\;0"-- . M Fnlasz, City Clerk enOle . P. O. Box 1087 :hula Vista, California 92012 1824 83-3070?i1' GiRr:COClDEU ::'1 I OFFICI/\L nEconns . .~. . I 'I n' ~-i i' tlllf I ,: f' 0" SAN \.",Cu .,'.'" 1 \, "A. 1983 AUG 30 AM 9 26 RESOLUTION NO. 11366 ~VEf"'\ L"I.:"U: " ! RESOLUTION OF THE CITY COUNCIL OF THE CITY o;OUNTY PEV)f'tH4 CHULA VISTA ACCEPTING GRANTS OF EASEMENT ADJACENT TO PASEO DEL REY FROM ALBERT H. GERSTEN, JR, AS CO-TRUSTEE AND JOHN R. VAN DER ZEE AS CO-TRUSTEE NO FE~ OF THE ALBERT HARRIS GERSTEN, JR. TRUST UjTjW ALBERT GERSTEN, DECEASED, FOR SEWER, DRAINAGE AND ACCESS PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that those certain grants of easement for sewer, drainage and access purposes, executed by Albert H. Gersten, Jr. as Co-Trustee and John R. Van Der Zee as Co-Trustee of the Albert Harris Gersten, Jr. Trust UjTjW Albert Gersten, deceased, copies of which are attached hereto and by this reference set forth herein be, and the same are hereby accepted by the City of Chula Vista for sewer, drainage and access 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. " ", Presented by Approved as to form by /s/ John P. Lippitt John P. Lippitt, City Engineer r;ztC~YJ ~ Thomas J. Harron, Acting City Attorney 1825 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF -1ULA VISTA, CALIFORNIA, this 23rd day of August 83 ,by the following vote, to-wit: (ES: Councilmen ~lalco1m, Cox, ~1qore, McCand1iss, Scott ~YES: BSTAIN: 3SENT: Councilmen None '" "',1' . Colrlcilmen None Councilmen None Isl Gregory R. Cox Mayor of the City of Chula Vista nEST I sl JennieM. Fu1 asz ' City Clerk \ TATE OF CALIFORNIA ) DUNTY OF SAN DIEGO ) s s. TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, o HEREBY CERTIFY that RESOLUTION NO. 11366 the above and foregoing is a full, true and correct copy of ,and that the same has not been amended or repealed. August 24, 1983 ATED ( sea/) ~; JlJJ (tL~"" t/ City erk ~C-660 /1 1826 .~. '0 GMlIT OF EI',SE:.1EN7 FOR SEliER PURPOSES" .:;, FOR A'VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, tile 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 s3.nitary se'"er 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: " .,....". . "Parcel lD as described in Exhibit "A" attached her'ein and made a part hereof. " "I, 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 employe~s 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 indemni'fy and hold the Grantor hamless 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 ,OI'lissions by the'Grantee, its successors or assign~, ,arisingifr6mthe construction, operation or maintenace of the aforementioned sanitary sewer.or in using, operating or traveling over the land \lithin the hereinbefore described Grant of Basement. It is further understood and agreed by the parties hereto that the aforementioned sanitary sewer and appurtenances thereto shall b constructed, placed or laid below the grade of nat g n ALBERTH. GERSTEN, JR. AS CO-TRUSTEE AND JOHN R. VAN DER ZEE AS CO-TRUSTEE OF 'IRE ALBERT 11.ARRIS, GERSTEN, JR. TRUST U/T/W ALBERT GERSTEN, DECFASED., STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ON, THIS IOU day of .A!u6-usr ,'1983, ;before me, the undersigned, a notary public in and for said county and state personally appeared AlbertH. Gersten, Jr. and John R. Van' Der Zee, personally known to me 'to be the persons whose names are subscribed to the within instr~ment as co-trustees and a~knowledged that they executed the sam: as co-trustees. Ii-- 1~J~ /;.'" o. R. Van Dei:' Zee, Co- . tee In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above ~~. . ~ . wri tten. OFFICIAL SEAL LESLI E SIMMS NOTAP,Y rU8UC - q:ALlFORNIA LOS ,\f,GELES COUNl'I My comm. expires, JAN 5, 198: ;t'.-//3 (p ~ My commission expires: .Jq.";'S, t ~.f1 . \. Jc 1827 James A. Hutchison & Assoc. 8-12-83 443-04 T.R. EXHIBIT "A" Parcel lD Se,oJer Easement 1: Being a portion of Quarter Section 69 of Rancho de la Nacion according to Map thereof No. 166, filed in the office of the County Recorder, County of San Diego, State of California, on May 11, 1869, more particularly described as follows: A strip of land 10 feet in width whose boundaries are 5 feet on either side of the following described centerline: Beginning at the most Northwesterly corner of Lot 109 of Chula Vista Tract 80-5 Unit B according to Map therqf No. 10646, filed in the office of the County Recorder of said county on June 2, 1983, being also a point on the Easterly line of the street easement for Paseo Del Rey as described in that deed to the City of Chula Vista recorded June 2, 1983 as File/Page 83-184592 of 'I Official Records of San Diego County; thence along the Northerly line of Lot 109 South 700 l:,8' 08" Eas t 240.00; thence leaving said Norhterly lot line North 19011'52" East 130.46 feet to the TRUE POINT OF BEGINNING; thence North 73047'46" Hest 298.56 feet to a point on the Easterly line 0f said ease1'lent. for. Paseo Cel ]'..ey; thence continuing North 73047'46" I.Jest 82.66 feet toa point on the Westerly line of said easement for Paseo Del Rey; thence continuing North 730 l:,7' 46" \oJest 130.00 feet to the Point of Ending. Excepting therefrom that portion within the easement for Paseo Del Rey as described in that deed to the City ofChula Vista recorded June 2, 1983 as FilelPage 83-184592 of Official Records of San Diego County. ~ !\- /J 3b6 ~',----' " .1828 // GHM1T or Ei\:;U.1ENT - rOil DIlAINAGE rUHI'ODES rOR A VALUABLE CONSIDERATION, receipt of which is hereby ackn0w- edged, the undersigned do/docs hereby grant to the City of Chula Vista, ' 1 the County of San Die!;o, State of California, an easement and right- f-way for, and the right to construct, maintain, operateJ replace, re- Jve, or enlarG~ a drain sewer and appurte~ant str~ctures in, upon, over 1d across that certain real property situated in the City of Chula Ista, County of San Diego, State of California, and more particularly escribed as follows: . Parcel lC as described in Exhibit "A" herein and made a part h,ereof. ogether with the right to enter upon and to pass and repass over and long said easement and right-of-way and to deposit tools, implements nd other materials thereon by said City of Chula Vista, its officers, gents and employees and by any contractor, his agents and employees ngaged by said City,whenever and wherever necessary for the purposes bove set forth: ITNESS hand this day of 19 ~ERT H. GERSTEN, JR. AS co- TRUSTEE AND JOHN R. VN< DER ZEE AS CO-TRUSTEE OF 1HE I>J..BERT HARRIS GERSTEN,JR. TRUST U/T/W I>J..BERT GERSTEN, DECEASED. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ON THIS /0 & day of Au~'t ~r ,1983, before me, the undersigned, a notary public in an or said county and state personally appeared Albert H. Gersten, Jr. and John R. Van Der Zee, personally known to me to be the persons whose names are subscribed to the within instrument as co-trustees and acknowledged that they executed the same as co-trustees. ert H. , Jr., tee ~,{., /W..o.w~ R. Van Der Zee, Co-~tee In witness whereof, I notarial seal the day written. have hereunto set my hand and affixed my' and year in this certificate first above My commission expires: r~7 .s-: /917 ~'C ~SAID CO~~Y AND STATE ) OFFIC1AL SEAL LESLIE SIMMS l\IOTAR'( PUBliC' CALIFORNIA LOS ANGELES COllNlY i~<<:omm.. expires JAN 5, 1981 ~ . . -'~":-v- -~::;;- )!-I/:3~& , .-! c 1829 James A. Hutchison & Assoc. 8-12-83 443-04 T.R. EXHIBIT "A" ,<; Parcel C Drainage Easement Being a portion of Quarter Section 69 of Rancho de la Nacion according to Map thereof No. 166, filed in the office of the County Recorder, County of San Diego, State of California, on May 11, 1869, more particularly described as follows: . ~" 'i'. A strip of land 20 feet in width where boundaries are 10 feet on either side of the following described centerline: Beginning at the most Northwesterly corner of Lot 109 of Chula Vista Tract 80-5 Unit B according to t1ap thereof No. 10646, filed in the office of the County Recorder of said county on June 2, 1983, being also a point on the Easterly line of the street easement for Paseo Del Rey as described in that deed to the City of Chula Vista recorded June 2, 1983 as File/Page 83-184592 of O~ficial Records of San Die?o County: thence along the Northerly l~ne of Lot 109 South 70048 08" East 240.00; thence leavinr, said Northerly lot line North 190}l'52' East 54.14 feet to the TRUE POUlT OF BEGINNING; thence North 56047'43" Hest 312.21 feet to a point on the Easterly line of the easement for Paseo Del Rey; thencef' continuing North 56047'43" I-Jest 90.89 feet to a point on the i, , Westerly line of the easement for Paseo Del Rey; thence con tin- \ uing North 56047'43" Hest 30.00 feet to the Point of Ending. :" ,{ t" j . ,~~'. ,', . .' Excepting therefrom that portion within the easement for Paseo Del Rey as described in that deed to the City of Chula Vista recorded June 2, 1983 as File/Page 83-184592 of Official 'Records of San Diego County. i I j'. " ,. , i "'\.' , , t' . 1-' ., {?- LL ?;t.6 , 1830 .;j I f' , GHANT OF EASEHENT - FOR SLOPE RIGHTS 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 \vay for,'and the right to construct, maintain, and use a slope and fill upon 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: Parcel lBas described in Exhibit "A" att~ched herein and made a part hereof. 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, implernents~ 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: day of , 19 \HTNESS hand this ALBERT H. GERSTEN, JR. AS CO-TRUSTEE AND JOHN R. VAN DER ZEE AS CO-TRUSTEE OF THE ALBERT HARRIS GERSTEN, JR. TRUST U/T/W ALBERT GERSTEN, DECEASED. sten,Co-Trustee , rJ (N'Ju Q4N l~ n R. Van Der ee, C Trustee ON THIS . If o::! day of ,/J(-lr16~ r , 1983, before me the unders~gned, a notary public ~n and for said' county and st~te personaliy appeared Albert H. Gersten, Jr. and John R. Van Der Zee, personally knoWn to me to be the persons whose names are subscribed to the within instrument as co-trustees and acknowledged that they executed the same as co-trustees. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. My commission expires: '?~~'':>:'19?7 ~~B~FOR COUNTY AND STATE /C-)/.36~ SAID OFF1C1AL SEAL LESLIE SIMMS NOTARY PUBLIC - CAUFORNIA LOS ANGELES COUNTY My comm. expires JAH 5, 1987 1,'" . ~ 1831 James A. Hutchison & Assoc. 8-12-83 443-04 T.R. EXHIBIT "A" 'i Parcel IB Slope and Access Easement Being a portion of Quarter Section 69 of Rancho de la Nacion according to Map thereof No. 166, filed in the office of the County Recorder, County of San Diego, State of California, on May II, 1869, more particularly described as follows: Beginning at the most Northwesterly corner of Lot 109 of Chula Vista Tract 80-5 Unit B according to Hap thereof No. 10646, filed in the office of the County Recorder of said county on June 2, 1983, being also a point on the Easterly line of the street easement . for Paseo Del Rey' as described in that deed to the City of Chula Vista recorded June 2, 1983 as FilelPage 83-184592 of Official Records of San Diego County; thence along the I~sterly prolonga- tion of the Nor.therly boundary of said LO.t 109 North 70048' 08" \-lest 94.25 feet.to a point on the Hesterly easement line of said Paseo Del Rey; thence continuing along said line North 70048'08" I.Jest 115.00 feet; thence North 33034'43" \-Jest 170.78 feet; thence North 60[:,3' 25" East 216'.95 feet to the Southerly line of East "H" Street, 114 feet wide street easement, as described in that deed to the City of Chula Vista recorded March 18, 1983 as FilelPage No. 83-086901 of Official Records of said County; thence along said Southerly line South 82017'43" East 178.40 feet to a tangerit 22 foot radius curve concave South westerly, being also a portion of t1)e Hesterl" line of said Paseo del Rey; thence along said Hesterly Ilne of Paseo del Rey Southerly along the arc of said curve through a central angle of 89001'08" an arc length of 34.18 feet; thence COntinuing along said Hesterly line tangent to said curve South 6043' 25" i'Jest 191. 90 feet to a tangent 540 foot radius curve con- caVe: northeasterly; thence continuing along said Hesterly line Southwesterly and Southeasterly along the arc of said curve through a central angle of 11"27'33" an arc length of 108.00 feet; thence radial to said curve North 85015'52" East 389.79 feet; thence South 19011' 52" \Jest 202.21 feet to a point on the aforementioned North- erly boundary of Lot 109; thence along said boundary line North 70048' 08" i-Jest 240.00 feet to the Point of Beginning. Excepting therefrom that portion within the easement for Paseo del Rey as described in that deed to the City of Chula Vista recorded June 2, 1983 as File/Page 83-184592 of Official Records of San Diego County, I , , , i< i I i ;f?-//3'6C ., \ 1832 fAg- .'H'1, 5TKf{f fX/5T fA5EI1E1;fifo fffEJIf:/li1 /?EC'fJ 3-18-83/ 40' , _118. ~\ ~~ ~ ....., ::- EXtSTINC::r . EASEMENT PER DEED REC.'D6-Z-8.3; FjP }./tJ.83-1815~z.. LOPEfA~I1&N-r - /" ./'" -1 ---- ./'" --)If/.I? J ~ ... ~ h -<:l ~ "/:':.:.~' ",- ,,-,;...:"~"~~~' :,-,,'. o ~ r" ~ J... ,""-.' ,.-",' '-..... ~. ' u-"" -.lI5JO- _ _ _ 24<J,OL _ _-'. o 10' SEWER EASEMENT o 20' -STORM DRAIN EASE.MENT o 51-OPE AND A.CC.ESS EA.'SEt"\EN,T DRAWN BY _'_WAU_ __~ DAT E _ _ 8-J ~ -::.83.. _ TITLE EL RflAlCIIO DEL REY 6'A Of:,c-SITE EASEfl8rT.5 ..sLOPe i- ACCES~J SEWER. AND STaR/<? O/QlIN ;G- / r; ~ I RESOLUTION NO. 11366 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT ADJACENT TO PASEO DEL REY FROM ALBERT H. GERSTEN, JR, AS CO-TRUSTEE AND JOHN R. VAN DER ZEE AS CO-TRUSTEE OF THE ALBERT HARRIS GERSTEN, JR. TRUST U/T/W ALBERT GERSTEN, DECEASED, FOR SEWER, DRAINAGE AND ACCESS PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that those certain grants of easement for sewer, drainage and access purposes, executed by Albert H. Gersten, Jr. as Co-Trustee and John R. Van Der Zee as Co-Trustee of the Albert Harris Gersten, Jr. Trust U/T/W Albert Gersten, deceased, copies of which are attached hereto and by this reference set forth herein be, and the same are hereby accepted by the City of Chula Vista for sewer, drainage and access 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. ... .... ,..... Presented by' Approved as to form by . ~.-" IWl~J~ \ Engineer T as J. Harron, Acting City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IULA VISTA, CALIFORNIA; this 83 , by the following vote, to-wit: 23rd day of August 'ES,: WES: 3STAIN: ~SENT: Councilmen Malcolm, Cox,.Moore, McCandliss, Scott Councilmen None COlI'lcilmen None .Councilmen . Nnnj:!. RCe ~ ~ City "TEST ~ -ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) s s . TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11366 ,and that the same has not been amended or repealed. nED City Clerk (seal) C-660