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Home My WebLink AboutReso 1974-7246 Form No. 320 Rev. 1- 7 2 RESOLUTION NO, 7246 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM SAN DIEGO GAS AND ELECTRIC COMPANY FOR SEWER PURPOSES 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 sewer purposes executed by San Dieqo Gas and Electric Company dated the 8th day of March , 19 74, a copy of wh~ch is attached hereto and by th~s reference made a part hereof, the same as though fully set, forth here~n be, and the same is hereby accepted by the c~ty of Chula VIsta for sewer 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 document in the office of the San Diego County Recorder. Presented by Approved as to form by %~k;'4~7 George cr: LIndberg, CIty Attorney c/~18-IL Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by the CITY CHULA VISTA, CALIFORNIA, this 26th day of by the following vote, to-wit: COUNCIL of the CITY OF March , 19-2.!-, AYES: Counc~lmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Counc~lmen None " / '/)) ~ " ATTES<J:"'(~t?/, r" " )" & 7- / " C~ty Clerk "7JJ Q\ I r ./),2. (' ~~p,~-t,.::L;Z.,~':> Mayor of the CIty of Chula V~sta STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, , City Clerk of the City of Chula Vista, Cal~fornia, 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CERTIFY that the above IS a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 1315 1 ______~m_.__._ 7><7 ~' j'J2-e---6l/cze-,:l . Cv .jfl/f~ ofof~ IJ- /i '(! I /flU- C~{'d ; /!4.Sk. /13 GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "Grantor", for a valuable consideration, does hereby grant to CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Grantee", an easement and right of way for sewer line or lines and appurtenances thereto, through, over, under and across Grantor's land situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: Those portions of Quarter Section 173 of Rancho De La Nacion, according to Map thereof No. 166, filed in the office of the County Recorder of said County of San Diego, described in Deeds recorded January 2, 1959 in Book 7425, Page 4 and recorded December 21, 1959 in Book 8055, Page 227, of Official Records of said County of San Diego, EXCEPTING THEREFROM that portion described in a Deed re- corded April 21, 1964 at Recorder's File/Page No. 72338 of said Official Records. The said easement and right of way in the aforesaid lands shall be a strip of land 4.00 feet in width, being 2.00 feet on each side of the following described center line: Commencing at a point on the Southerly line of Quarter Section 161 of said I1ap No. 166, distant thereon 42.00 feet Easterly from the Southwest corner thereof; /-) -K ",V~., 131G thence; along a line that is parallel with the 42.00 feet Easterly of the Westerly line of said Quarter Section 161, North 180 07' 00" West, 400.00 feet; thence North 880 15' 00" West, 76.20 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence from said TRUE POINT OF BEGINNING, retracing South 880 15' 00" East to the Easterly line of the above described property, being a dis- tance of 11 feet, more or less. Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the con- struction of Grantee's facilities within said Grantor's property. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary, provided, however, that such reserved use rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be incompa- tible with Grantee's installation. -2- ---."', +: f ;,. ,/ -'-,lA/' It;. \:,..; 131'7 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, use, state of repair or presence of Grantee's facilities installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, in- eluding any such loss, damage or expense arising out of the (a) loss of or damage to property, and (b) injury to or death of persons, including the defense of any action arising therefrom, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of Grantor, its contractors, officers, agents or employees. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of the successors, or assigns of the parties. IN WITNESS WHEREOF, we have hereunto set our hand this 8th day of March , 191.1.- ATTEST: & ELECTRIC COMPANY, _,-,' ,>,\'.J;~;~I.~~."~~._''F ~J~ ,II!- ./' . 1 .',' , .,J<"_.'t..--C,-,,/4~/~,-,, " ... ~ ~ l~-'. S ~,:;'..'; ,~. .' ecretary . .::, '1 I '. " ~ ' 1 '_1 ': :::.:.- :::.:: -- . - ,~\" . ~,~ '~',;~ ..;'.';".1/ : ,~:,"". .." ' '. . . . . . . . ~ \ President . < ',"'l -\ . ~ -3- ~j( J '.' '7//,;/ ,> //(..' 1318 Sfu~ DIEGO GAS & ELECTRIC COMPANY FORM STATE OF OALIFO?3HA \ / 53. COUNTY OF 3A~ DIEGO ON 'THIS 8th day of Narch , 1974 , before me, the undersigned, a Notary Public in and for said COUrlt~y' and State, residing therein, duly commissioned and sworn, personally appe2red R. E. Norris , knoHn to me to be the Sp-rio:;:> Vice President and J. A. Graham , known to me to be the Secretary of SAN DIEGO GAS & ELECT2~C COM~ANY, the corporation that executed the within Inst:".l::J'O!'1t, knO"dn to me to be the persons who executed the withj.r: Inst::'''tL'ilent, on behalf of the corporation therein named, and ack~owledged to ne that such corporation executed the within Inst:,ument pursuant to its By-LaHs or a Resolution of its Board of Directors. WITNESS my hand and official seal. ?~"V".N'...Y?-"'1i"1<'";.~..';!-i'r.ay,~g,,'fJ,--l\:"'I".".!tt""\."". (~ . N~~~,~L;;;1~~; ~ \., "j Pnilr::; -,I: {'''::'),.:>''1(>'(, (:). C~ilf ~':l ~1" t).'\;r,"':':i~~-::'il :: ".'.!'.:~ ,', .,'"",'\:; :;, l!es ~~ ~. &'7// /, / / (..-. __e'-c__/ _-:;f:::;-;Z/7/ -.:~_./-/ Notary Public in and for said County and State <'l. ).-"i"lI"'l<","'",:~..-'..".." ,", " . " '.,.;j~,:.i".~"',,"\..-l . J/ tdj(