HomeMy WebLinkAboutReso 1983-11291
RESOLUTION NO. 11291
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR
THE OPERATION AND MAINTENANCE OF SEWER AND SEWER
PUMP STATIONS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
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 that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and THE S&~ DIEGO
UNIFIED PORT DISTRICT, for the operation and maintenance of sewer
and sewer pump stations
dated the 21st day of ,June , 19.J3.:L, a copy of which
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
vista.
Presented by
Approved as to form by
~ ~ ~ "
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John P. Lippitt, Clty
Engineer
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George D~ Lindberg, City Attorney
Form 342
Re v . 7/82
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
LA VISTA, CALIFORNIA, this 21 st day of June
83 , by the following vote, to-wit:
:5: Councilmen Cox, Malcolm, Moore, McCandliss, Scott
'ES:
Councilmen
None
iTAIN:
ColI1cilmen
Councilmen
~Or:le
None
ENT:
"Erfi. '. Me: 'lJ;,~~
City C rk
R~
City of Chula Vista
TE OF CALIFORNIA )
INTY OF SAN DIEGO ) s s.
, 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. 11291
, and that the same has not been amended or repealed.
ED
(seal)
City Clerk
.660
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AGREEMENT FOR THE OPERATION AND MAINTENANCE OF SEWAGE
LIFT STATIONS AND SEWER MAINS WITHIN TERRITORY
OF THE SAN DIEGO UNIFIED PORT DISTRICT
THIS AGREEMENT, made and entered into this 21st day of June ,
19 83, by and between THE CITY OF CHULA VISTA, a municipal corporation,
hereinafter called "City," and THE SAN DIEGO UNIFIED PORT DISTRICT,
hereinafter called "District";
WIT N E SSE T H :
-----------
WHEREAS, District has caused to be constructed and installed certain
sewage lift stations and sewer mains within its territory lying adjacent to
the San Diego Bay and between "G" Street and "J" Street, and
WHEREAS, District's normal activities do not include the operation and
maintenance of sanitary sewer facilities, and
WHEREAS, City's normal activities do include the operation and maintenance
of sanitary sewer facilities including sewer mains and sewage lift stations,
and
WHEREAS, City is willing to perform certain duties for the facilities
hereinafter described provided that the cost of such work is paid to it by
District, and
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
1. District shall be responsible for payment of all maintenance and
operating costs necessary for the efficient and continuous operation of the
lift stations covered by this agreement.
2. District shall be billed quarterly by the City and billing shall
include a detailed statement of costs and shall be payable within thirty (30)
days.
3. Routine maintenance shall be performed by the City. Labor charges
will be at prevailing City wages and shall include labor at cost, including
overhead. The minimum labor charge for routine maintenance will be for one
(1) hour and time shall include travel to each lift station. Transportation
costs shall include vehicle rental, small tools and other normal items used in
the performance of maintenance tasks.
4. The City will contract for any major repairs or replacement parts and
such costs shall be billed directly to District by vendor and paid directly to
vendor by District.
5. Costs for electricity, water and telephone shall be billed directly
to District by each utility company and paid directly by District.
6. Normal repair parts and materials required to perform lift station
maintenance shall be included in the quarterly billing.
San Diego Unified Port District
Document No. . 161~
Filed __! 1
Office of the Clerk
~-//df/
7. District shall deposit with City the sum of One Thousand Five Hundred
Dollars ($1,500) against which City shall draw during the billing period and
City shall submit a detailed statement of costs of maintenance and operation
for reimbursement by Di stri ct at the end of each quarter year subsequent to
the effective date of this agreement.
8. District shall pay normal sewer service charges to City for each use
served by the system of sewer mains operated and maintained by City. Those
normal sewer service charges shall be as provided in Section 3.20.020 of the
Chula Vista Municipal Code.
9. City shall operate and maintain all facilities covered by this
agreement in the same manner as all other such facilities within City
jurisdiction except that Port District shall pay all energy costs for said
sewage lift stations directly to San Diego Gas and Electric Company.
10. The facilities covered by this agreement may be added to or deleted
from at any time by mutual consent of the parties hereto. Said mutual consent
shall be evidenced by written statement of the governing bodies of said
parties.
11. Bills of sale and easements for all of the facilities covered by this
agreement have been offered to City by Di stri ct and accepted by City. These
easements are valid for a stated period of 50 years unless relinquished as
provided in those documents. Should such relinquishment occur, ownership of
all the facil ities covered at that time by this agreement shall revert to
District and upon payment of any outstanding charges for operation and
maintenance, this agreement shall be voided.
12. It is understood and agreed that City, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned
by reason of the acts or omissions of District, its agents or employees, in
the performance of this agreement. District further agrees to protect and
hold harmless City, its officers and employees from any and all claims,
demands, causes of action, omissions of District, its agents or employees, in
the performance of this agreement. Said indemnification and agreement to hold
harmless shall extend to damages or taking of property resulting from the
construction of said sewage pump station and shall not constitute the
assumpt i on by City of any res pons i bil ity for such damage or tak i ng. It is
further understood and agreed that District shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions of City,
its agents or employees, in the performance of this agreement. City further
agrees to protect and hold harmless District, its officers and employees, from
any and all claims, demands, causes of action, omissions of District, its
agents or employees in the performance of this agreement.
13. In the event that any suit is brought upon this agreement by either
party, the court shall have discretion to award the prevailing party
reasonable attorneys' fees.
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14. The term of this agreement shall be from July 1, 1983, to and
including June 30, 19~6, provided, however, said term may be extended from
year to year upon mutual agreement between the City Manager of City and Port
Director of Port, and further provi ded that ei ther sai d City Manager or Port
Director may terminate this agreement at any time upon the giving of at least
six (6) months prior notice in writing to the other party.
IN WITNESS WHEREOF, the parties hereto have caused thi s agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
SAN DIEGO UNIFIED PORT DISTRICT
Approved as to for
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WPC 0353E
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San Diego Unified Port District
Document No. . 16134
Filed JUL 2 11983
Microfilm No.
Office of the Clerk
EASEMENT
SAN DIEGO UNIFIED PORT DISTRICT, a public corporation,
(Grantor), for valuable consideration, grants to CITY OF
CHULA VISTA, a municipal corporation (Grantee), an easement
to modify, improve, reconstruct, relocate, repair, maintain
and use facilities consisting of:
Underground sewer facilities and appurtenances
including two sewage lift stations and necessary
aboveground facilities and appurtenances as
approved in writing by Grantor.
The property in which this easement is granted is located in
the County of San Diego, State of California, and is de-
scribed as follows:
1.
~-II';' fJ
Approximately 72,800 square feet of tideland
area located in the City of Chula Vista, Cali-
fornia, more particularly described and de-
lineated on Grantor's Drawing No. 2428-B dated
November 15, 1982, attached hereto as Exhi-
bits "A" and "B" and by this reference made
a part hereof.
Grantee is further granted the right of ingress and
egress to, from and along said easement area via prac-
tical routes across the adjacent land of Grantor, said
routes to be determined by Grantor from time to time.
2.
The term of the easement shall be for a period of Fifty
(50) years commencing on January 1, 1983, and ending on
December 31, 2032, unless sooner terminated as herein
provided.
3.
No construction or major repairs of any facilities
shall commence without prior approval of the plans and
specifications by Grantor, except for necessary
emergency repairs. In the case of emergency repairs,
Grantee shall commence repairs immediately and give
Grantor written notification within 10 days of said
emergency repair so that the Grantor can inspect said
easement area for compliance with the terms and
conditions of this easement. Facilities installed
pursuant to this easement shall be constructed in a
careful and workmanlike manner and shall conform to all
applicable laws and regulations.
DUPLICATE - ORIGINAL
4. In making any excavation in said easement area, Grantee
shall make the excavation in such manner as will cause
the least injury to the surface of the ground around
such excavation, and shall replace the earth so removed
by it and restore the surface of the ground and any
improvement thereof to as near the same condition as
existed prior to such excavation to the extent it is
practicable to do.
5. Grantor shall not erect, place or construct any
building or other structure, plant any tree, drill or
dig any well, within said easement area, without prior
written consent of Grantee, which consent shall not be
unreasonably withheld.
6. Grantor shall not increase or decrease the ground
surface elevations within this easement area, without
prior written consent of Grantee, which consent shall
not be unreasonably withheld.
7. Subject to the review and written approval of improve-
ment plans by Grantee, which approval shall not be
unreasonably withheld, but which shall consider
Grantee's need to provide adequate protection for
Grantee's facilities, Grantor retains the right to
construct, reconstruct and maintain aboveground
structures, including but not limited to, fences,
sidewalks, curbs, gutters, and street and parking lot
surfaces or other surfaces that require excavation and
grading between ground surface and a maximum depth of
18 inches within said easement area.
8. Grantee shall have all rights and powers, but is not
hereby obligated, to (i) keep said easement area free
and clear from buildings, structures and other mate-
rials and (ii) trim or remove trees and brush along
or adjacent to said easement area and remove roots
from within said easement area whenever Grantee deems
it necessary. Said right shall not relieve Grantor of
any obligation it may have as owner to trim or remove
remove trees and brush to prevent danger or hazard
to property or persons.
9. Grantor may, at its own expense, relocate part or all
of the facilities for its convenience; provided, how-
ever, each such relocation shall not be made except in
accordance with plans and specifications previously
submitted to Grantee and approved in writing by
Grantee. Grantee agrees that its approval of Grantor's
plans and specifications shall not be unreasonably
withheld.
10. Grantor expressly reserves the right to grant easements
in, upon, over and across the easement granted herein
R-II~r;1
2
for any purpose whatever not inconsistent or
incompatible with the rights and privileges granted
by this easement. Nothing herein contained shall be
construed as limiting the powers of Grantor to convey,
lease, or otherwise transfer or encumber during the
term of this easement the lands described herein for
any purposes subject to the rights and privileges
granted herein. The easement granted herein shall be
subject to all existing rights of leases and
encumbrances, recorded and unrecorded, affecting said
land.
11. Facilities, structures, installations or improvements
of any kind previously placed by Grantor or hereafter
placed in said easement area by Grantee shall not be
removed by Grantee. At the expiration or sooner ter-
mination of this easement, title to said facilities,
structures, installations or improvements shall vest
in Grantor without cost to Grantor and without any pay-
ment to Grantee.
12. Grantee shall at all times indemnify and save harmless
Grantor against and pay in full any and all loss,
damage, or expense that Grantor may sustain, incur, or
become liable for, resulting in any manner from the
maintenance or state of repair of Grantee's facilities
and that of all fixtures and equipment used in
connection therewith, including any such loss,
damage or expense arising out of (i) loss of or damage
to property, and (ii) injury to or death or persons,
excepting any loss, damage, or expense and claims for
loss, damage, or expense resulting in any manner from
the negligent act or acts of the Grantor, its
contractors, officers, agents, or employees.
13. In the event Grantee, in its sole discretion,
determines that this easement is no longer required
for the conduct of its business or if this easement is
abandoned by Grantee, Grantee shall furnish Grantor
upon demand a good and sufficient Quitclaim Deed of all
of Grantee's right, title and interest in and to this
easement. Notwithstanding the foregoing, in the event
of non-use or abandonment of Grantee's facilities for a
period of one year, Grantor shall have the right to
terminate this easement, and upon written request,
Grantee shall provide Grantor a Quitclaim Deed as
described above.
14. This easement and any covenants, conditions and
restrictions contained herein, shall run with the land,
and be binding upon and inure to the benefit of the
successors, heirs, executors, administrators,
permittees, licensees, agents and assigns of Grantor
and Grantee.
3
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15. It is an express condition of this easement that the
easement shall not be complete nor effective until
signed by all parties.
DATED:
, 198 J.
APPROVED:
As to Form and Legality
~
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JO& D. Patello
PortA t torney
By
As to Engineering and
Legal Description
CITY OF CHULA VISTA
~ .
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onE. B. W1 ur
Chief Engineer
By
T1t
(Grantor Acknowledgement)
STATE OF CALIFORNIA)
ss
COUNTY OF SAN DIEGO)
.s:c-
On this r::::2 / day of
.
S-/}~~Y
/'
Vt/hV
~om$~/2L>c)
, 1983, before me,
the undersigned Notary Public, personally appeared
G/9&/2-/ ~ ~
t/
~
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personally known to me
proved to me on the basis
of satisfactory evidence
instrument as ~5 / '5//9""/ 7"-
to be the person who executed this
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,
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of the San Diego Unified Port
District, a public corporation, and acknowledged to me that the public
corporation executed it.
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OFFIOAL:SE;~
SALLY LOMBARDO i\
NOTARY puBliC - CAlIFOP NIA II
SAN DIEGO COUNTY ~l
My comm:_ expires MAY.;?;~1'
WITNESS my hand and official seal.
(Grantee Acknowledgement)
State of California)
County of San Diego)ss
On this .--2:? ~ day of O~/)'..A_
before me, J...y:'j;;i/C~. ^/,cM
undersigned Notary Public, personally appeared
G ,cc! <I (.7 R- j/ /2 . C.) ~
v personally known to me
I proved to me on the basis
of satisfactory evidence
to be the person who executed this instrument as
/)-)~ yC/~~ of the City of
Chula Vista, a municipal corporation and acknowledged to
that the corporation executed it.
~
, 1986 ,
-;-the
me
WITNESS my hand and official seal.
@ ELEA~~OR L. NIDA
'. NOTARY PUBLIC - CALIFORNIA
J-. PRINCIPAL OFFice IN
SAN DIEGO COUNTY
M, CommluJoA Ex"', MIl, 11, 1884
-
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3eing a Sewer easement lying within the corporate limits of the City of Chula
lista, San Diego County, State of California, containing approximately a total
:ideland area of 72,800 square feet or 1.67 acres, and more particularly described
is follows:
:ommencing at Station No. 118 on the Ordinary High Water Mark for the Bay of
San Diego, as said Ordinary High Water Mark is delineated on Miscellaneous Map
~o. 217, filed September 25, 1950 in the Office of the San Diego County Recorder;
thence along said Ordinary High Water Mark north r 03' 31" west a distance of
28.30 feet to a point of intersection with a curve concave to the northeast having
i radius of 600.00 feet the center of which bears north 150 26' 52" west, said
?oint also being the TRUE POINT OF BEGINNING of a 12.0 foot wide easement lying
5.0 feet each side of the following described reference line; thence leaving said
Jrdinary High Water Mark westerly along the arc of said 600.00 foot radius curve
through a central angle of 420 35' 43" an arc distance of 446.06 feet to a point
iesignated as Point "A", said Point "A" bears south 270 08' 51" west from the center
of said 600.00 foot radius curve; thence continuing northwesterly along the arc of
said 600.00 radius curve through a central angle of 440 56' 29" an arc distance of
470.63 feet to a point which bears south 720 05' 20" west from the center of said
600.00 foot radius curve; thence tangent to said curve north 170 54' 40" west a
iistance of 392.36 feet; thence north 190 29' 11" west a distance of 200.08 feet;
thence north lr 54' 40" west a distance of 169.00 feet; thence north 160 36' 14"
west a distance of 241.06 feet; thence north 170 54' 40" west a distance of 375.00
feet; thence north 190 30' 35" west a distance of 221.08 feet to a POINT OF TERMINUS.
ALSO: Commencing at the true point of beginning of the above described easement
area; thence along the said Ordinary High Water Mark north 70 03' 31" west a
distance of 0.06 feet to a point of intersection with a curve concave to the north
having a radius of 600.00 feet the center of which bears north 140 03' 08" west,
said point also being the BEGINNING of a 12.0 foot wide easement lying 6.0 feet
each side of the following described reference line; thence leaving said Ordinary
High Water Mark westerly along the arc of said 600.00 foot radius curve through
a central angle of 150 37' 01" an arc distance of 163.54 feet to a point which bears
south 10 33' 53" west from the center of said 600.00 foot radius curve; thence north
880 26' 17" west a distance of 72.57 feet to a point on a curve concave to the north
having a radius of 432.10 feet the center of which bears north 10 33' 43" east;
thence westerly along the arc of said 432.10 foot radius curve through a central
angle of 190 39' 17" an arc distance of 148.23 feet to a point on a 606.00 foot
radius curve, said point bears south 210 12' 59" west from the center of said 432.10
foot radius curve, said point also bears south 210 13' 32" west from the center of
said 606.00 foot radius curve; thence northwesterly along the arc of said
606.00 foot radius curve concave to the northeast, through a central angel of
500 51' 48" an arc distance of 537.97 feet to a point which bears south 720 05' 20"
west from the center of said 606.00 foot radius curve; thence tangent to said curve
north 170 54' 40" west a distance of 597.86 feet to a POINT OF TERMINUS, the last
36.0 feet of which being extended easterly to 15.0 feet from the above described
reference line.
0:
R-J 11. '11
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND EASEMENT
Within Corporate Limits of Chula Vista
CITY OF CHULA VISTA
EXHIBIT "A"
Page 1 of 3
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DATE 15 Nov. 1982
SCALE
REF.
lED
DRAWING NO.
, 0. 4.'-' e.IJ- ........
CHIEF ENGINEER
2428-B
ALSO: Beginning at the abave designated Paint "A", said Paint "A" being the
BEGINNING 'Of a 12.0 faat wide easement lying 6.0 feet each side of the following
described reference line; thence sauth 270 08' 51" west a distance of 12.00 feet;
thence south 270 08' 51" west a distance of 308.13 feet to the beginning of a tangent
curve concave to the northwest having a radius of 300.00 feet; thence southwesterly
along the arc of said 300.00 foot radius curve through a central angel of 440 56' 29"
an arc distance of 235.31 feet; thence tangent to said curve south 720 05' 20" west
a distance of 57.26 feet to a point designated as Point "B"; thence continuing south
720 05' 20" west a distance of 291.59 feet to the beginning of a tangent curve concave
to the narth having a radius of 400.00 feet; thence westerly along the arc of said
400.00 foot radius curve through a central angle of 190 56' 54" an arc distance of
139.27 feet to a paint of reverse curve the common radial of which bears south 2002'14"
west from the center of said 400.00 foat radius curve; thence westerly along the arc
of a second 400.00 foot radius curve concave to the south through a central angle
of 190 56' 54" an arc distance 'Of 139.27 feet; thence tangent to said curve south
720 05' 20" west a distance of 97.17 feet; thence south 780 46' 13" west a distance
of 352.39 feet to a paint designated as Point "C"; thence sauth 650 30' 03" west a
distance of 97.64 feet to a POINT OF TERMINUS.
ALSO: Beginning at the abave designated Point "B", said Point "B" being the
BEGINNING of a 12.0 foat wide easement lying 6.0 feet each side of the following
described reference line, said Point "B" also being a paint on a curve concave to
the narthwest having a radius of 200.00 feet the center of which.bears north
310 58' 52" west; thence southwesterly alang the arc of said 200.00 foot radius
curve through a central angle of 140 04' 12" an arc distance of 49.11 feet; thence
tangent to said curve sauth 720 05' 20" west a distance of 242.97 feet to the
beginning of a tangent curve concave to the narth having a radius of 406.00 feet;
thence westerly along the arc of said 406.00 foot radius curve through a central
angle of 190 56' 54" an arc distance of 141.36 feet to a point of reverse curve
the common radial of which bears sauth 20 02' 14" west from the center of said
406.00 foot radius curve; thence westerly along the arc of a 394.00 foot radius
curve concave to the sauth through a central angle of 190 56' 54" an arc distance
of 137.18 feet; thence tangent to said curve sauth 720 05' 20" west a distance 'Of
369.07 feet to the beginning of a tangent curve concave to the north having a radius
of 25.00 feet; thence westerly alang the arc of said 25.00 foat radius curve through
a central angle of 450 00' 00" an arc distance of 19.64 feet; thence tangent to said
curve north 620 54' 40" west a distance of 70.78 feet to a POINT OF TERMINUS.
ALSO: Commencing at the above designated Point "C"; thence south 170 54' 40" east
a distance of 12.00 feet to the BEGINNING of a 28.0 foot wide easement lying 6.0
feet westerly and 22.0 feet easterly of the following described reference line;
Page 2 of 3
VED
/{-1/"h9/
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND EASEMENT
Within Corporate Limits of Chula Vista
DATE 15 Nov. 1982
SCALE
REF.
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DRAWING Na.
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CHIEF ENGINEER
CITY OF CHULA VISTA
2428-B
thence north 170 54' 40" west a distance of 30.00 feet to a POINT OF TERMINUS
of the said 28.0 foot easement and the BEGINNING of a 12.0 foot wide easement
lying 6.0 feet each side of the following described reference line; thence
continuing north 170 54' 40" west a distance of 352.04 feet; thence north
360 49' 43" east a distance of 153.17 feet to a POINT OF TERMINUS.
The extreme limit lines of said easement are to be prolonged or shortened at
all angle points and points of intersections to ensure an uniform width through-
out.
The above described easement areas are those delineated on Drawing No. 2428-B,
Sheets 1 through 5 dated 15 November 1982, and made a part of this agreement.
Page 3 of 3
,0:
A ~ //2-. <j-/
SAN DIEGO UNIFIED PORT DISTRICT
OATE 15 Nov. 1982
SCALE
REF.
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VEO "'371",),~
VEO
TIDELAND EASEMENT
Within Corporate Limits of Chula Vista
DRAWING NO.
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CHIEF ENGINEER
CITY OF CHULA VISTA
2428-B
IP- //,2.9/
SAN DIEGO UNIFIED PORT DISTRICT
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TIPE"lA,(/D c:4~FMF,vr
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DATI: /5 ,.vOl/: '82
SCALE,455#OVVA./
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CHIE.. ENGINEER
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SAN DIEGO UNIFIED PORT DISTRICT
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DATE /5/VOL/. 82
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,OVED
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-./~~~
CHIE.. INGINEER
SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 1035
AN ORDINANCE GRANTING
AN EASEMENT TO
CITY OF CHULA VISTA
The Board of Port Commissioners of the San Diego Unified
Port District does ordain as follows:
Section 1. That easement to modify, improve, reconstruct,
relocate, repair, maintain and use sewer facilities, including
two (2) sewage lift stations, located at Tidelands Avenue and
West J Street in the City of Chula Vista, between the San Diego
Unified Port District and City of Chula Vista, on file in the
office of the District Clerk as Document -No. 16134
, is hereby
approved and granted.
Section 2. The Port Director or his authorized representative
is hereby directed to execute the said easement with the City
of Chula Vista on behalf of the District.
Section 3. This ordinance shall take effect on the 31st
day from its publication.
Presented By:
DON L. NAY, Port Director
By ~{cl po~dti
Approved:
JOSEPH D. PATELLO, Port Attorney
ar~
1<-//).. 7/
San 01ego ~n~tied ?or: =iser~c~
Of~ice of ~~e =lerk
CERT!FlCAT:ON OF VOTE
?assea ~a aaop~ea ~y ~~e Soard of ?o~ =o~ss~one:s ~f ~~e 3~ J~ego ~n~;~ed
?or-; :J~.s'1:::'c~ on
July 19. 1983
, ';)y ':~e :ol.:.o....1..,g "c~e:
=;mmuss~oners
'( eas
~ays
!xC".Jsed
.;Qsen~
.;Qs~~ned
Sen =ohen
x.....
?h.l Cre...er
.~
..........
:. ~.or:;e James
L;
X-
x:::
r
-..-.
:-!a~een 0' Connor
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'Y/~f(fU~1 f:!X~
: SZAI,l
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~r
Jrdin~ce ~IWllCer
1015
7-19-83
Aaop~ed
\Dll) _ 0%% :-.- 9/111
!< --1/), 7/
San Diego Unified Port District
16'133
Document No.
Filed
Microfilm No.
Office of the Clerk
JUL ~ 1 1983
BILL OF SALE
FOR GOOD AND VALUABLE CONSIDERATION, SAN DIEGO UNIFIED PORT
DISTRICT, a public corporation, hereinafter called
"Grantor," does hereby grant, sell, transfer and deliver to
the CITY OF CHULA VISTA, a municipal corporation, hereinaf-
ter called "Grantee," all sewer facilities and appurtenances
including two sewage lift stations installed by Grantor
within the property located in the County of San Diego,
State of California, which is described as follows:
Approximately 72,800 square feet of tideland
area located in the City of Chula Vista, Cali-
fornia, more particularly described and delin-
eated on Grantor's Drawing No. 2428-B dated
November 15, 1982, attached hereto as Exhibits
"A" and "B" and by this reference made a part
hereof.
Grantor covenants to be the lawful owner of said sewer
facilities and appurtenances including the two sewage lift
stations, that they are free from all encumbrances; and to
have the right to grant same as aforesaid.
Grantee accepts ownership of and responsibility for said
and appurtenances.
,198.2L.
DATED:
APPROVED:
As to Form and Legality
SAN DIEGO UNIFIED PORT DISTRICT
~<7
Jos - '~ri;~ello
Port Attorney
R-//;L cr I
DUPLiCAl'E - OHIGINAL
As to Engineering and
Legal Description
CITY OF CHULA VISTA
,.
<- /;) L
L~<)(C\...{_L <-~ '-
ohn E. B. Wllbur
Engineer
By JI ~. ~
Titl~O~_
(Grantor Acknowledgment)
, 19~,
, the
WITNESS my hand and official seal.
(Grantee
.~~~
State of California)
ss
County of San Diego)
On this ;;:;~Lday of !Ja/?f-Y---
before me, c;:/
undc;~3~~vd~~ota~c=~lic, personally appeared
personally known to me
proved to me on the basis
of satisfactory evidence
executed this,instrument as
of the City of
and acknowledged to
OFFICIAL SEAL
SALLY LOMBARDO
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My camm. expires MAY 11./
, 1983 ,
-;-the
to be the person who
m-17 yo (2....-/
Chula Vista,-a municipal corporation
that the corporation executed it.
me
WITNESS my hand and official seal.
e ELEANOR L. NIDA
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFIce IN
, SAN DIEGO COUNTY
My CommlulOA Exp..... ..., 1', 1184
.nl ,/}rJ
~dff2 / . .~
;?-//J-7/
Being a Sewer easement lying within the corporate limits of the City of Chula
Vista, San Diego County, State of California, containing approximately a total
tideland area of 72,800 square feet or 1.67 acres, and more particularly described
as follows:
Commencing at Station No. 118 on the Ordinary High Water Mark for the Bay of
San Diego, as said Ordinary High Water Mark is delineated on Miscellaneous Map
No. 217, filed September 25, 1950 in the Office of the San Diego County Recorder;
thence along said Ordinary High Water Mark north 70 03' 31" west a distance of
28.30 feet to a point of intersection with a curve concave to the northeast having
a radius of 600.00 feet the center of which bears north 150 26' 52" west, said
point also being the TRUE POINT OF BEGINNING of a 12.0 foot wide easement lying
6.0 feet each side of the following described reference line; thence leaving said
Ordinary High Water Mark westerly along the arc of said 600.00 foot radius curve
through a central angle of 420 35' 43" an arc distance of 446.06 feet to a point
designated as Point "A", said Point "A" bears south 270 08' 51" west from the center
of said 600.00 foot radius curve; thence continuing northwesterly along the arc of
said 600.00 radius curve through a central angle of 440 56' 29" an arc distance of -
470.63 feet to a point which bears south 720 05' 20" west from the center of said
600.00 foot radius curve; thence tangent to said curve north 170 54' 40" west a
distance of 392.36 feet; thence north 190 29' 11" west a distance of 200.08 feet;
thence north lr 54' 40" west a distance of 169.00 feet; thence north 160 36' 14"
west a distance of t41.06 feet; thence north lr 54' 40" west a distance of 375.00
feet; thence north 190 30' 35" west a distance of 221.08 feet to a POINT OF TERMINUS.
ALSO: Commencing at the true point of beginning of the above described easement
area; thence along the said Ordinary High Water Mark north 70 03' 31" west a
distance of 0.06 feet to a point of intersection with a curve concave to the north
having a radius of 600.00 feet the center of which bears north 140 03' 08" west,
said point also being the BEGINNING of a 12',0 foot wide easement lying 6.0 feet
each side of the following described reference line; thence leaving said Ordinary
High Water Mark westerly along the arc of said 600.00 foot radius curve through
a central angle of 150 37' 01" an arc distance of 163.54 feet to a point which bears
south 10 33' 53" west from the center of said 600.00 foot radius curve; thence north
880 26' 17" west a distance of 72.57 feet to a point on a curve concave to the north
having a radius of 432.10 feet the center of which bears north 10 33' 43" east;
thence westerly along the arc of said 432.10 foot radius curve through a central
angle of 190 39' 17" an arc distance of 148.23 feet to a point on a 606.00 foot
radius curve, said point bears south 210 12' 59" west from the center of said 432.10
foot radius curve, said point also bears south 210 13' 32" west from the center of
said 606.00 foot radius curve; thence northwesterly along the arc of said
606.00 foot radius curve concave to the northeast, through a central angel of
500 51' 48" an arc distance of 537.97 feet to a point which bears south 720 05' 20"
west from the center of said 606.00 foot radius curve; thence tangent to said curve
no:::th 170 54' 40" west a distance of 597.86 feet to a POINT OF TERMINUS, the last
36.0 feet of which being extended easterly to 15.0 feet from the above described
reference line.
Page 1 of 3
SED:
'iN RVB : kh
:KED R...J.
EWED n,.;;. tI.~
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND EASEMENT
Within Corporate Limits of Chula Vista
CITY OF CHULA VISTA
DATE 15 Nov. 1982
SCALE
REF.
rOVED
DRAWING NO.
-" ~. l:._tJ ell--- 1ft-
CHIEF ENGINEER
2428-B
~XHn3IT "A"
R--II~ ~/
ALSO: Beginning at the above designated Point "A", said Point "A" being the
BEGINNING of a 12.0 foot wide easement lying 6.0 feet each side of the following
described reference line; thence south 270 08' 51" west a distance of 12.00 feet;
thence south 270 08' 51" west a distance of 308.13 feet to the beginning of a tangent
curve concave to the northwest having a radius of 300.00 feet; thence southwesterly
along the arc of said 300.00 foot radius curve through a central angel of 440 56' 29"
an arc distance of 235.31 feet; thence tangent to said curve south 720 05' 20" west
a distance of 57.26 feet to a point designated as Point "B"; thence continuing south
720 05' 20" west a distance of 291.59 feet to the beginning of a tangent curve concave
to the north having a radius of 400.00 feet; thence westerly along the arc of said
400.00 foot radius curve through a central angle of 190 56' 54" an arc distance of
139.27 feet to a point of reverse curve the common radial of which bears south 2002'14"
west from the center of said 400.00 foot radius curve; thence westerly along the arc
of a second 400.00 foot radius curve concave to the south through a central angle
of 190 56' 54" an arc distance of 139.27 feet,; thence tangent to said curve south
720 05' 20" west a distance of 97.17 feet; thence south 780 46' 13" west a distance
of 352.39 feet to a point designated as Point "C"; thence south 650 30' 03" west a
distance of 97.64 feet to a POINT OF TERMINUS.
ALSO: Beginning at the above designated Point "B", said Point "B" being the
BEGINNING of a 12.0 foot wide easement lying 6.0 feet each side of the following
described reference line, said Point "B" also being a point on a curve concave to
the northwest having a radius of 200.00 feet the center of which 'bears north
310 58' 52" west; thence southwesterly along the arc of said 200.00 foot radius
curve through a central angle of 140 04' 12" an arc distance of 49.11 feet; thence
tangent to said curve south 720 05' 20" west a distance of 242.97 feet to the
beginning of a tangent curve concave to the north having a radius of 406.00 feet;
thence westerly along the arc of said 406.00 foot radius curve through a central
angle of 190 56' 54" an arc distance of 141.36 feet to a point of reverse curve
the common radial of which bears south 20 02' 14" west from the center of said
406.00 foot radius curve; thence westerly along the arc of a 394.00 foot radius
curve concave to the south through a central angle of 190 56' 54" an arc distance
of 137.18 feet; thence tangent to said curve south 720 05' 20" west a distance of
369.07 feet to the beginning of a tangent curve concave to the north having a radius
of 25.00 feet; thence westerly along the arc of said 25.00 foot radius curve through
a central angle of 450 00' 00" an arc distance of 19.64 feet; thence tangent to said
curve north 620 54' 40" west a distance of 70.78 feet to a POINT OF TERMINUS.
ALSO: Commencing at the above designated Point "C"; thence south 170 54' 40" east
a distance of 12.00 feet to the BEGINNING of a 28.0 foot wide easement lying 6.0
feet westerly and 22.0 feet easterly of the following described reference line;
Page 2 of 3
SED:
NN RVB:kh
:KEO R..j.
EWED}n./.~
SAN DIEGO UNIFIED PORT DISTRICT
DATE 15 Nov. 1982
SCALE
REF.
~OVED
TIDELAND EASEMENT
Within Corporate Limits of Chula Vista
DRAWING NO.
..-~.o .~
CHIEF ENGINEER
CITY OF CHULA VISTA
2428-B
f<. -II), 7/
thence north 170 54' 40" west.a distance of 30.00 feet to a POINT OF TERMINUS
of the said 28.0 foot easement and the BEGINNING of a 12.0 foot wide easement
lying 6.0 feet each side of the following described reference line; thence
continuing north 170 54' 40" west a distance of 352.04 feet; thence north
360 49' 43" east a distance of 153.17 feet to a POINT OF TERMINUS.
The extreme limit lines of said easement are to be prolonged or shortened at
all angle points and points of intersections to ensure an uniform width through-
out.
The above described easement areas are those delineated on Drawing No. 2428-B,
Sheets 1 through 5 dated 15 November 1982, and made a part of this agreement.
Page 3 of 3
ISED:
WN RVB:kh
CKED R..-J.
IEWED ?m-",),~
SAN DIEGO UNIFIED PORT DISTRICT
DATE 15 Nov. 1982
SCALE
REF.
ROVED
TIDELAND EASEMENT
Within Corporate Limits of Chula Vista
DRAWING NO.
:......""L.;/:j.~
CHIEF ENGINEER
CITY OF CHULA VISTA
2428-B
1<.-//2-7/
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T/Pcl.A,(/D CA$~;fofF",.(/r
WI TNIP COPPONArr ~ /M17'9 or CHU~.4 Vlsr,A
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DRAWING NO.
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Re Bill of Sale - City of
Chula Vista . .
RESOLUTION
83-231
BE IT RESOLVED by the Board of Port Commissioners of the
San Diego Unified Port District, as follows:
That the Port Director or his authorized representative is
hereby authorized and directed to execute a Bill of Sale granting,
selling, transferr~ng and delivering to the City of Chula Vista,
a municipal corporation, all sewer facilities and appurtenances,
including two (2) sewage lift stations, located at Tidelands Avenue
and West J Street in the City of Chula Vista, said Bill of Sale
is on file in the office of the District Clerk as Document No.
16133
ADOPTED this
19th day of
July
, 1983.
Presented By:
DON L. NAY, Port Director
By
'-I _-
-.... / .
[) if;..) _ )? ~ if. (,1'V~
/I:SI':'7.l.C.('l 30'rt-i'jDIRECTOR
Approved:
JOSEPH D. PATELLa, Port Attorney
y~
sw
7/14/83
/{-/ I).. <7/
San O~eqc Un~fie~ Po~ O~s~:~c~
Of~ice of ~~. ~lerk
CERTU'!CAIION OF VOTE
?assed ana aaop~ed ~y ~~. 9oar~ of Pore Com=ias~on.rs of ~~a San Jieqo ~n~:ied
por-: o~s=~c":. on
1111 Y 1 q , 1qR1 . ~y ~~a :OU.01ol:1...:1c; '-101:.:
'la.. ~ays ~C1Ued Absene Ab.eu.n.~
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COlIIIIUssioners
Sen Conen
?h~l Cn..er
:'.. ~ecrc;e ,J CIIIIe.
l'!aureen 0 I Connor
"llliCIIII ;U c:Jc
Oan.ial ~.. Sp=-c:Jc
Low.s ~.. '/iolhheiJller
AD'l'H!N'1'I CA~
~
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c.~ ot":...'1. 3Oar~ of ?or: COIIIIILus~onars
''::-{RISTI:-lE ~~, 57::::!
9y
(SEAL)
il.esol.l.l~:.on ~UIl\ber 83-? 11
or
Ordinance ~UlIIi:l.r
.\dop~ed 7 - 1 9 - 8 3
:JPD _ 02% ,-.- 9/11)
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