HomeMy WebLinkAboutReso 1982-10879
RESOLUTION NO. 10879
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING GRANT OF EASEMENT FROM EL RANCHO DEL
REY CORPORATION AND OTAY LAND COMPANY FOR THE EAST
"H" STREET RIGHT OF WAY
The City Council of the City of Chula vista does ordain
as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista that that certain grant of easement for the
East "H" Street right of way executed by El Rancho del Rey and
Otay Land Company, dated the 5th day of March, 1982, 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.
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
at such time as the conditions contained therein have been
fulfilled as notified by the City Engineer.
Presented by
Approved as to form by
(J;J A /.J -,
L'__":"'- /' 7 ..~r'.'
John P. LiPP'it~ 6C"'."
Engineer
~~dber~.
City
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 1 st day of June
198 2 , by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Gillow, Moore, McCand1iss
NAYES: Councilmen None
ABSENT: Councilmen None
vista
T"T'R~l . /);1 /~ // Mayor 0
A~":lU<'- (fty i~;('6'r
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula vista, California, DO HEREBY CERTIFY that the above
is a full, true and correct copy of Resolution No. , and
that the same has not been amended or repealed. DATED
City Clerk
WHEN RECORDED, PLEASE MAIL
THIS INTRUMENT TO:
City Clerk
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
Assessor's Parcel
No.
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EASEMENT FOR STREET PURPOSES
El Rancho del Rey, a California Corporation, and Otay Land
Company, a Partnership, each unto its respective interest,
do 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
vista, County of San Diego, State of California, described as follows:
Being portions of Quarter Sections 36, 43, 62, 69 and 70 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:
Beginning at the Northeast corner of Parcel Map 3395, as filed in the
office of the County Recorder of said County on January 15, 1975 in
Book of Parcel Maps, page 3395, said point being the beginning of a
nontangent 4000.00 foot radius curve, concave northerly, a radial to
said point bears South 29055'06" East; thence westerly along the
northerly line of said Parcel Map 3395, along the arc of said curve
through a central angle of 3031'57", a distance of 246.62 feet; thence
tangent to said curve South 63036'51" West, a distance of 421.36 feet,
to the northwest corner of said Parcel Map 3395; thence along the
westerly line of said Parcel Map 3395, South 17050'03" East, a
distance of 57.64 feet; thence departing from the boundary of said
Parcel Map 3395, South 63036'51" West, a distance of 632.84 feet to
the beginning of a tangent 6057.00 foot radius curve, concave
northerly; thence westerly along the arc of said curve through a
central angle of 26023'09", a distance of 2789.37 feet; thence tangent
to said curve North 90000'00" West, a distance of 1618.24 feet to the
beg inn i n g 0 fat a n g en t 2 0 5 7 . 0 0 f 0 0 t r ad ius' cur v e, con c a v e nor the r 1 y ;
thence westerly along the arc of said curve through a central angle of
7043'25", a distance of 277.29 feet; thence tangent to said curve,
North 820H,'35" West, a distance of 915.89 feet to the beginning of a
tangent 2057.00 foot radius curve, concave northerly; thence westerly
along the arc of said curve through a central angle of 20038'04", a
distance of 740.81 feet; thence tangent to said curve North 61038'31"
West, a distance of 628.48 feet to the beginning of a tangent 1943.00
K-IO %7 7
Page One of Five
foot radius curve, concave southerly; thence westerly along the arc of
said curve through a central angle of 21018'3011, a distance of 722.60
feet to a point on the southerly sudivision boundary of Chula Vista
Tract 80-15 according to Map thereof No. 10051, filed in the office of
the County Recorder of said County on April 3, 1981; said point being
distant South 72011'4311 West 127.63 feet (South 71040'4511 West per Map
10051) from the intersection of the centerline of East 11811 Street with
said southerly subdivision boundary as shown on said Map 10051; thence
along said southerly boundary North 72011'4311 East (North 71040'4511
East per Map 10051), a distance of 243.02 feet to the beginning of a
nontangent 2057.00 foot radius curve concave southerly, a radial to
said curve bears North 13012'1311 East; thence departing from said
subdivision boundary easterly along the arc of said curve through a
central angle of 15009'1611, a distance of 544.07 feet; thence tangent
to said curve South 61038'3111 East, a distance of 628.48 feet, to the
beginning of a tangent 1943.00 foot radius curve, concave northerly;
thence easterly along the arc of said curve through a central angle of
20038'0411, a distance of 699.75 feet; thence tangent to said curve
South 82016'3511 East, a distance of 915.89 feet to the beginning of a
tangent 1943.00 foot radius curve, concave northerly; thence easterly
along the arc of said curve through a central angle of 7043'2511, a
distance of 261.92 feet; thence tangent to said curve North 90000'0011
East, a distance of 1618.24 feet to the beginning of a tangent
5943.00 foot radius curve, concave northerly; thence easterly along
the arc of said curve through a central angle of 26023'0911, a distance
of 2736.87 feet; thence tangent to said curve North 63036'5111 East, a
distance of 1062.77 feet to the beginning of a tangent 3943.00 foot
radius curve, concave northerly; thence easterly along the arc of said
curve through a central angle of 3042'3411, a distance of 255.28 feet,
to a point on the easterly line of the Southwest Quarter of the
Northwest Quarter of said Quarter Section 36; thence along said
easterly line South 17051'0111 East, a distance of 58.31 feet to the
point of beginning.
971,347.01
22.2991
S.P.
Acres
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 as shown on
Chula Vista Drawing Numbers 81-395 thru 81-419 on file in the office of the
City Engineer, Chula Vista, California, where required for the construction
and maintenance of said public street. RESERVING unto the 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 sa id Ci ty Eng ineer.
/?- /Cf71
Page Two of Five
This easement is specifically intended by the Grantor and Grantee as a
determinable easement. It is therefore specifically conditioned upon "H"
Street being completed by Grantee over said easement and in operation by
the public within three (3) years of the recording of this easement deed
and if not the easement shall terminate by its terms and the property shall
revert to the Grantor herein.
This easement is granted only for a public street and drainage structures
of the Grantee only as described herein. Grantee is specifically
prohibited from using the easement for any other purpose or granting any
rights in said easement area to any other utility, person, corporation or
public or private entity.
The Grantor hereby further grants to Grantee all trees, growths (growing or
that may hereafter grow), and road building materials within said right-of-
way, including the right to take water, together with the right to use the
same 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.
It is expressly understood and agreed that Grantor is conveying this
easement to Grantee as an accommodation to Grantee for the development of
property by Grantee and other owners in the area and that this conveyance
is well in advance of need by Grantor for newly developed street access.
Grantor expressly reserves to itself all compensation in that certain
condemnation action e~titled Otay Municipal ~~ District ~ EI Rancho Del
!3.~1..!. ~!. ~1:.:. ' San D 1 ego Sup e r i 0 reo u r tea s e No. 4 f) 9 3 f) 4 , i n c Iud i n g
compensation for all takings and the severance damages to the remainder and
Grantee waives any rights to said compensation.
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.
~-lt/r79
Page Three of Five
In Witness Whereof, said corporation has caused its corporate name and seal
to be affixed hereto and this instrument to be executed by its
EXECUTIVE VICE President and Secretary
tnereunt()auTY-au~or1Zed~ --------------------
Da ted:
MARCH 5TH, 1982
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
On MARCH 5TH, 1982 before me, the
undersigned, a Notary Public in and
for said State, personally appeared
LOUIS S. COHEN
known to me to be the
EXEUCTIVE VICE
Pres id en t, and BRUCE p. YOU~ER
known to me to be
Secretary of the Corporation that
executed the within Instrument,
known to me to be the persons who
executed the within Instrument on
behalf of the Corporation therein
named, and acknowledged to me that
such Corporation executed the
within Instrument pursuant to its
by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
~
Signature
I(-/vf 79
EL RANCHO DEL REY
./'7 ;/-7
By;. (fi--04~' L
Louis S. Cohen
Executive Vice President
By,~J~
BRUCE D. YOUNER, Secretary
r-----........,.,.,,...,.,..--~ m_______,.
. {I OFFICIAL SEAL ·
· JANE P. RYAN
: ~&: NOTARY. PUBLIC. CALIFORNIA !
. .. PRINl';IPAL OFFICE iN I
. LOS ANGELes COUNTY .
. My CommIssion Exp Nov. ]2, 1983 .
L_~-------_M_M_._Q.~~__~J
Page Four of Five
In Witness Whereof, said partnership has caused its name to be affixed
hereto and this instrument to be executed by ONE OF the
Partners.
Dated:
MARCH 5TH, 1982
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
On MARCH 5TH, 1982
me, the undersigned, a
Public in and for said
personally appeared
LOUIS S. COHEN
before
Notary
State,
knownto me to be GJlli~lilllL___
of the partners of the partnership
that executed the within
instrument, and acknowledged to me
that such partnership executed the
same.
WITNESS
1f-/~r7f
.J
By:
d.....OTA y."A~D. : OM. .PANY
'.'--,a. ~/. .C7
...."" "-.,<',,,, .,,'
/ z:: /' _P
Louis S. Cohen
General Partner
r------=,.,,~...........---______.,'
: (I OFFICIAL SEAL ·
I JANE P. RYAN
I'~t' . NOTARY. P.UBlIC ' CALIFORNIA I
. ',' '. PRINCIPAL OFFICE IN .
II ..... LOS ANGEleS COUNTY .
. My CommIssion Exp, Nov, 12. ) 983 I
~--u_-----_____._~~___.J
Page Five of Five