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HomeMy WebLinkAboutReso 1982-10892 II <Z l> RESOLUTION NO. 10892 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASE~lliNT FOR TIDELM~DS AVENUE BETWEEN "F" STREET fu~D "G" STREET FROM THE SAN DIEGO UNIFIED PORT DISTRICT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain grant of easement for Tidelands Avenue between "F" and "G" Street from the San Diego Unified Port District, executed by the San Diego Unified Port District, 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 Tidelands Avenue. BE IT FURTHER RESOLVED that the Hayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said easement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to record said easement in the office of the San Diego County Recorder. Presented by Approved as /~~~~ ,// (-'" 7 George D. Lindberg, City Attorney Ilfl ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA. this 15th day of June 19 82. by the following vote, to-wit: AYES: NAYES: ABSTAIN: ABSENT: Councilmen Cox. Malcolm. Moore. McCandliss. Scott None Councilmen Councilmen None Councilmen None 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and foregoing is a full, true and correct copy of RESOLUTION NO. 10892 , and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 ~-. JlS2 ~ D'K~ UNI~IKD I'"O"'T C18TptIC"l 14984 DOCUMfiNT NO.tlft 2 e~ '"'u 0 19 "JLltIC__ MICftO"'LM NO n_ICIE 0" THIE CLIE"", EASEMENT SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "Grantor," for valuable consideration, receipt of which is hereby acknowledged, hereby grants to the CITY OF CHULA VISTA, a municipal corporation, its successors and assigns, hereinafter called "Grantee," an easement for street purposes. Said easement rights shall commence on September 1, 1982, and will terminate on August 31, 1987, unless sooner terminated as herein provided, and shall be for the purpose of construction, operation, maintenance, repair, replacing, inspection, and removal of a street upon, over and across that portion of Grantor's land situated in the County of San Diego, State of California, and more particularly described as follows: Approximately 20,360 square feet of tideland area located in the City of Chula Vista, California, more particularly described in the Legal Description and delineated on Drawing No. 1889-B, attached hereto marked Exhibits "A" and "B" and by this reference made a part hereof. ~ /)UJ p" - ;. 3:J. ~rt:) 1. ;J.. t1f - i '- a-~k/7~ 1-locft"~ -1- .,') 11 S :3 1. Grantee shall have ingress and egress to and along the land described above via practical routes across the adjacent land of Grantor, said routes to be determined by Grantor from time to time. 2. In the event Grantee disturbs the surface of the easement area during the installation, construction, maintenance, repair and/or removal of its street, Grantee shall do so in such a manner as will cause the least injury to the surface of the ground and any improvements thereon. Grantee shall restore the ground and any improvements thereon to substantially the same conditions as existed immediately prior to any such disturbance. 3. Grantor expressly reserves the right to grant easements in, upon, over and across the easement granted herein for any purpose whatever not inconsistent or incompatible with 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. 4. This easement may be terminated by either party upon the giving of one hundred eighty (180) days' notice in writing to the other party of the intention to so terminate, and Grantor expressly reserves the right to cancel this easement by giving one hundred eighty (180) days' notice in writing to Grantee and to make without notice any changes or improvements on or about the premises without incurring any liability whatsoever to Grantee for any damage or loss occasioned by such cancellation or by the making of such changes or improvements. 5. No construction or major repairs of the street shall commence without prior approval of the plans and specifications by Grantor, except for necessary emergency repairs. In the case of emergency repairs, Grantee will give Grantor written notification within 10 days from the commencement of the emergency repair and will obtain Grantor's approval within 90 days from the commencement of the ~-/t'f~ -2- h, ;' ; " .. \ ~ ~t . 1>-: ~i". ~;:I.,~'''~ .:, ~'$ii. :Yt>~;:,,,~' ~::~C i".:","_..~.':... 11 ~ J . . emergency repair. The street installed pursuant to this agreement shall be constructed and maintained in a careful and workmanlike manner and shall conform to all applicable laws and regulations. 6. Paving, installations, or improvements of any kind previously placed or hereafter placed in the easement area by Grantee shall at the option of Grantor be removed by Grantee within sixty (60) days after the expiration of the term of this easement or sooner termination thereof. Grantor may exercise said options as to any or all of the paving, instal- lations, and/or improvements either before or after the expiration or sooner termination of the easement. If Grantor exercises such option and the Grantee fails to remove such paving, installations or improvements within said sixty (60) days, the Grantor shall have the right to have such paving, installations or improvements removed at the expense of Grantee. As to any or all paving, installations or improvements that Grantor does not exercise said option for removal, title thereto shall vest in the Grantor. 7. 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 construction, maintenance, state of repair or presence of Grantee's street and all improvements and equipment used in connection therewith, including any such loss, damage, or expense arising out of (a) loss of or damage to property, and (b) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting in ~ny manner from the negligent act or acts of the Grantor, its contractors, officers, agents, or employees. 8. In the event said easement is no longer required or if said easement is not used for the purposes intended for a period of one hundred eighty (180) days, whichever is sooner, all rights herein granted shall revert to Grantor, its successors or assigns, automatically and without the necessity of reentry or notice. Grantee shall furnish Grantor on demand a good and sufficient Quitclaim Deed of all its rights, title and ~-/o!9~ -3- _.~ "-~~JE".,;t\E, i',;;",:;"" :11 S.) interest in the above described real property. 9. The terms, covenants and conditions of this easement shall be binding upon and insure to the benefit of all heirs, executors, administrators, permittees, licensees, agents, assigns or successors of any kind of both Grantor and Grantee. DATED: ~ I1B IS-, 19 fdJ. APPROVED: As to form and legality. SAN DIEGO UNIFIED PORT DISTRICT #CeATELLO By As to engineering and legal description ... ~. ~ LJ-- <-~. 1 ~ JOHN E. B. WILBUR Chief Engineer CITY OF CHULA VISTA BYTitle!i~toD7 (Port District Acknowledgment) State of California ) . ss County of San D1ego ) On this /& ~ay of VU/'Y , 19f~efore me, a Notary Public in and State of California, personally appeared ' known to be to be the / --/j San Diego Unified Port District, a public corporation, and known to me to be the person who executed the within instrument on behalf of said public corporation and acknowledged to me that such public corporation executed the same. -'-"-~q OFFICIAL SEAL SALLV LOMBARDO NOTARY PUBLIC. CALIFORNIA SAN DIEGO COUNTY ; My cetlIl!I. expires MAY 17, 1983 , ~.~-...........-......4 K-lcJJ?'1:L -4- 118G Corrmencing at the point of intersecti on of the center 1 ine of "G" Street in the City of Chula Vista as said IIGII Street was established as and for a public street by the City Council of the City of Chula Vista by Resolution No. 4205 (S.D.U.P.D. Document No. 2249) with the Ordinary Hi gh Water t~ark of the Bay of San Oiego as sai d Ordi nary High Water Mark is deHnegted on map entitled IIMap of the Lands Transferred to the San Diego Unified Port-District Pursuant to Chapter 67, Statutes of 1962, 1st E. S., Vicinity of San Diego Bay, San Diego County, California," filed in the Office of the San Diego County Recorder May 28, 1976, as Miscellaneous Map i~o. 564, File No. 76-164686, said point of intersection lying south 580 281 2411 east a distance of 78.65 feet from 01 Hemecourt Station No. 107 on said Ordinary High \~ater ~1ark; thence south 720 121 0011 west along said center line of "GII Street a distance of 329.10 feet; thence leaving said center li.ne of IIGII Street at right angles north 170 481 0011 west a distance of 31. 00 feet to the TRUE POINT OF BEGINNmG; thence south 720 121 0011 \'/est a distance of 50.01f. feet; thence'north 150 37' 0011 west a distance of 179.82 feet to the beginning of a tangent curve concave to the southwest having a radius of 175.00 feet the center of which bears south 740 23' 0011 west; thence northwesterly along the arc of said 175.00 foot radius curve through a central angle of 360 04' 0011 an arc di stance of 110. 16 feet to a point whi ch bears north 380 19' 0011 east from the center of said 175.00 foot radius curve; thence tangent to said 175.00 foot radius curve north 510 41' 0011 west a distance of 108.47 feet to the beginning of a tangent curve concave to the northeast having a radius of 225.00 feet the center of which bears north 380 191 0011 east; thence north\'lesterly along the arc of said 225.00 foot radius curve through a central angle of 40 58' 3911 an arc distance of 19.55 feet to a r>oint~hich bears south 430 17' 3911 west fran the center of said 225.00 foot radius curve, said point also being a point of inter- section with the above described Ordinary High Water Mark; thence along said Ordinary High \~ater Mark north 840 471 5611 east a distance of 71.38 feet; thence leaving said Ordinary High Water ~lark south 51--41' 0011 east a distance of 76.23 feet to the beginning of a tangent curve concave to the southwest having a radi us of 225.00 feet the center of which bears south 380 191 00" west; thence southeasterly along the arc of ,said 225.00 foot radius curve through a central angle of 360 04' 0011 an arc distance of 141.63 feet to a point which bears north 740 231 00" east from the center of said 225.00 foot radius curve; thence tangent to said 225.00 foot radius curve south 150 37' 00" east a distance of 177.91 feet to the TRUE POUlT OF BEGHINING, containing 20,360 square feet or 0.467 acres of tideland area. The above described area is that delineated on drawing No. 1889-8, dated 20 April 1977 and incorporated in this agreement. REVISED: DRAWN PDB/jq CHECKED A"'M~t't REVIEWED ::>;-/': .A . ,~~.,. SAN DIEGO UNIFIED PORT DISTRICT TI DELAND EASEI.lENT Corporate Limits of Chu1a Vista DATE 20 Apr. 1977 SCALE REF. DRAWING NO. CITY OF CHULA VISTA 1889-[3 EXHIB.l.. }i' 118'7 "'" "" "" "" "'" '" " . #'. "~./.~ '''J9 Z o \-1. /"/. " <<- be"'?/ <00 ~~O) ,.,-/ /"J'b / ~ N 84047'50"E 71.35' t:. '" ~c,.004'00" R '" 175.00' T = 5/0.'71' L = \ 10. I c,.' "'<-/ '09/ 0;/ ~i5 .L_ 57402.3'OO"W-- 3 ~b f)J S r Jl J c'r cOP 6'~ /,-0 -an ..___MEAN HIGH TIDE LINE / (MISe. MAP No. 504) 1:, = ~00 04' 00" R = 2.25.00' T= 73.25' L=141.0~' 20,3G:,O SQ. FT. 0.4107 Ac. I I /~!)~ 1~Ji/!)S; I ;; "Gal STREET --~ ('pO~T DIST DOC No. 224'?) I , _ i I S 7zoIZ'OO"W --: '32.c'-IO~- I S5802.B'24"E 78.05' I \ --'-- - --- ct:. "G" 5T. / / t/; ROHR COR? c,. 0' G:, 0 ' en ,-' C ILJII<~ \!\I\J 2:) "-C\J < Z,Qo ..JW/f-..< IU:> dg Q <( Q.CJ ,'-- ;: I ROHR CORP. NOTE.S I. EASEMENT AREA SI-IOWN SHADED. 2. BEARINGS AND DISTANCES ARE 8A5c[) ON THE CALIFORNIA COORDINATE SYSTEM, ZONE G. REVISED: DRAWN 8CJh'NENKAMP CHECKED ANORECHT REVIEWED SI--+~"~C"1 SAN DIEGO UNIFIED PORT DISTRICT TIDELAND EASEMENT WITHIN CORPORATE L1MI"T5 OF CHULA Vl5TA DATE 20 A PRI L I ~77 SCALE I" - tOO' REF. 411- ME>, l. E - 31 CITYQF c.v. l>WGT-4<}~ APPROVED DRAWING NO. ~ OF CHULA VISTA 188'-5 l='YPTtH'T' un"