HomeMy WebLinkAboutReso 1983-11366
~~:lE~~f~~~ I3f~UESTED BY ~
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. M Fnlasz, City Clerk
enOle .
P. O. Box 1087
:hula Vista, California 92012
1824
83-3070?i1'
GiRr:COClDEU ::'1 I
OFFICI/\L nEconns .
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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,and that the same has not been amended or repealed.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/)
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t/ City erk
~C-660
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1826
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GMlIT OF EI',SE:.1EN7 FOR SEliER PURPOSES"
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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.
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.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
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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. :"
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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.
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1830
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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,
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EXtSTINC::r . EASEMENT PER DEED
REC.'D6-Z-8.3; FjP }./tJ.83-1815~z..
LOPEfA~I1&N-r
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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
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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