HomeMy WebLinkAboutReso 2006-305
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RESOLUTION NO. 2006-305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING AN EASEMENT OVER A
PORTION OF CITY RIGHT-OF-WAY IN BAY BOULEVARD
TO THE CITY OF SAN DIEGO AS NECESSARY FOR THE
SOUTH BAY SEWER PUMP STATION, SOUTH BAY SEWER,
AND APPURTENANCES
WHEREAS, the City of Chula Vista and the City of San Diego entered into a
Memorandum of Understanding concerning the location and construction of the South Bay
Sewer Pump Station in March 2000; and
WHEREAS, in exchange for the City of San Diego selecting an option for the location of
their sewer pump station that was acceptable to the City of Chula Vista (City), a condition of that
Memorandum of Understanding was that the City grant an Easement to the City of San Diego
within the City right-of-way for Bay Boulevard from Main Street north to D Street as necessary
for the construction of the South Bay Sewer and appurtenances; and
WHEREAS, the City of San Diego is not sure when they will construct this facility and
due to potential changes in the location of Bay Boulevard caused by development of the bay
front, the City has sought and received from the City of San Diego, provisions in the Grant of
Easement that protect the City's options when the bay front develops; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA), and has determined that
the activity is not a "Project" as defined under Section l5378(b)(5) of the State CEQA
Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity
is not subject to CEQA. Thus, no environmental review is necessary.
NOW, THEREFORE, the City Council of the City Of Chula Vista does resolve as
follows:
The City of Chula Vista hereby grants to the City of San Diego an easement along Bay
Boulevard as more particularly described in Exhibit "A" (attached hereto) and authorizes the
Mayor and City Clerk to execute said easement deed on behalf of the City of Chula Vista.
Presented by
Approved as to form by
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Leah Browder
Acting Engineering Director
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City Attorney
Ann Moore
Resolution No. 2006-305
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, .--.
California, this 10th day of October 2006 by the following vote:
AYES:
Councilmembers:
Castaneda, Chavez, McCann, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Rindone
Step en C. Padilla, Mayor
ATTEST:
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Susan Bigelow, MMC, City lerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2006-305 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of October 2006.
Executed this 10th day of October 2006.
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Susan Bigelow, MMC, City Cler
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Resolution No. 2006-305
Page 3
Recording Requested by:
e City Clerk
After recording mail to:
E,.:.hi bi+A
City Cl erk
City of San Diego
Mail Station 2A
I [-'1 0
PTH
SPACE" ABOVE THIS LINE FOR RECORDER'S USE
NO DOCUMENTARY TAX DUE - R&T 11922 (amended)
Presented for record by the CITY OF SAN DIEGO
SEWER EASEMENT DEED
For and in consideration of a valuable consideration
CITY OF CHULA VISTA, a municipal corporation
HEREBY GRANTS to the City of San Diego, a municipal corporation. in the County of San Diego, State of
Cal iforni a, the permanent easement and right of way to construct, reconst ruct, mai ntai n, operate and
repai r a publ i c sewer or sewers, i ncl udi ng any or all incidents and appurtenances thereto, together
ith the right of ingress and egress, over, under, upon, along and across all that real property
situated in the City of San Diego, County of San Diego, State of California, described as follows:
(See Attached Legal Descri pti on - Exh; bit "A")
Reserving unto Grantor herein, their heirs and assigns, the continued use of the above described parcel
of land subject to the following conditions: The erecting of buildings, masonry walls, fences and other
structures; the planting or growing of trees; the changing of the surface grade; and the installation of
privately-owned pipelines shall be prohibited except by written permission of the City of San Diego.
The parties hereby agree and acknowledge that should future improvements or development make the
location of the easement granted herein impractical or Un-usable, the City of Chula Vista will provide
to the City of San Diego a replacement easement of comparable size in a location that meets with the
approval of the City of San Diego, and that said approval will not be unreasonably withheld. Upon
acceptance of said replacement easement, the City of San Diego agrees to vacate the easement granted
herei n.
This i. to certify that the interest in real CITY OF CHULA VISTA, a municipal corporation
property conveyed by this instrument to the
City of San Diego, a municipal corpora~ion,
is hereby accepted by the undersigned officer
on behal f of the Ci ty of San Oi ego' pursuant By:
to authority conferred by Resolution N9'
250320, adOPted by the Council of the City of
San 01ego on October 1 I 1979, and the grantee
consents to recordation thereof by its dul y By:
uthor1zed officer.
ated:
By:
James F. Barwick, Director
Real Estate Assets Department
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Resolution No. 2006-305
Page 4
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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to be the person(s) whose namels) is/are
subscribed to the within Instrument and
acknowledged to me that he/shelthey executed
the same in hlsll1erllheir authorized
capacity(ies), and that by hislherllheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
aeled, executed the instrument.
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WITNESS my hand and official seal.
SIgrIIIlUreolNotaryPl.Dic
OPTIONAL
Though t11e information below Is not required by law. It may prollfl valuable to persons relying on the documsnl. and could prevent
fraudulent removal and reattachment of this form to RnOthsr docutn6nt
Description of Attached Document
Trtle or Type of Document:
Document Date:
Number of Pages:
Signerls) Other Than Named Above:
Capaclty(les) ClaImed by Signer
Signer's Name:
o Individual
o Corperate OIIicer - Titte(s):
o Partner - 0 Limited 0 General
o Attorney-III-Fael
o Trustee
o Guardian or Conservator
o Other:
Top oI1hurnb here
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!. Signer Is Representing:
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Resolution No. 2006-305
Page 5
Page 1 of 2
"SEWER EASEMENT ACQUISmON"
All that portion of Frontage Road (West), Anita Street, Bay B<?u1evard, and D Street, in the City
of Chula Vista, the County of San Diego, The State of Califontia;.peing a strip of land 10.00 feet
wide, the centerline of which is described as follows: .
Co=encing at the intersection of the centerline of Main Street and the 18.00 foot offset line of
Frontage Road (West) as shown on Ros 11896, filed on 11/03/1988 in the Office of the County
Recorder of San Diego County; Thence South 87054'56" East 7.35 to the True Point of
Beginning; Thence North 19048'06" East 882.20 feet to the beginning of a tangent curve having
a radius of 504.36 feet, concave northwesterly; Thence northerly along said curve 172.25 feet,
through a central angle of 19034'04"; Thence North 000 14'03" West, 325.99 feet; Thence North
88000'51" West 394.18 feet; Thence North 14050'39" West, 193.07 feet to the beginning of a
tangent curve having a radius of 607.00 feet, concave southwesterly; Thence northwesterly along
said curve 162.97 feet through a central angle of 15023'00'; Thence North 300 13'39" West,
521.15 feet to the beginning ofa tangent curve having a radius of493.00 feet, concave
northeasterly; Thence northwesterly and westerly along said curve 283.70 feet through a central
angle of32058'18"; Thence North 02044'39" East, 1,101.73 feet to an intersection with the
northerly line of Palomar Street (formerly Eighth Street) as shown on said Map 1349; Thence
North 02 '42'46" East, 2,373.48 feet to an intersection with the northerly line of Moss Street as
shown on Map 5986, flled on 10/19/1967 in the Office of the County Recorder of San Diego
County; Thence continuing North 02 '42'46" East 455.52 feet; Thence North 02 '02'39" East
264.83 feet; Thence North 02033'02" East 316.28 feet to the beginning of a tangent curve having
a radius of 1,885.00 feet, concave westerly; Thence northerly along said curve 249.99 feet
through a central angle of 07" 35'55"; Thence North 05002'53" West 415.25 feet; Thence North
05'29'33" West 257.31 feet; Thence North 03 039'08" West 205.26 feet; Thence North
01'26'30" West 419.19 feet, to the beginning ofa tangent curve having a radius of 1,032.00 feet,
concave southwesterly; Thence northwesterly along said curve 354.32 feet through a central
angle of19 '40'19"; Thence North 21 006'49" West 360.19 feet, to the beginning of a tangent
curve having a radius of 424.00 feet, concave southwesterly; Thence northwesterly along said
curve 366.86 feet through a central angle of 49 '34'26" to the beginning of a tangent curve,
having a radius of 401.00 feet, concave northeasterly; Thence along the arc of said curve a
distance of379.28 feet through a central angle of 54011'31 "; Thence North 16029'43" West
146.39 feet; to an intersection with the centerline 00 Street as shown on Parcel Map 13581,
filed on 12/06/1984, in the Office of the County Recorder of San Diego County; Thence North
17'33'43" West 198.84 feet to the beginning ofa tangent curve having a radius of296.00 feet,
concave easterly; Thence northV(esterly, westerly and northeasterly along said curve 232.78 feet
through a central angle of 45003'27:'; Thence North 27'29'44" East, 134.99 feet to the beginning
of a tangent curve having a radius of 304.00 feet, concave northwesterly; Thence northeasterly
and westerly along said curve 214.46 feet through a central angle of 40 025'14";Thence North
12'55'29" West 389.40 feet; Thence North 15 '01'39" West 97.49 feet; Thence North 12 '31'30"
West 143.97 feet; Thence North 12 '33'22" West 329.64 feet to the beginning of a tangent curve
having a radius of 1,527.00 feet, concave southwesterly; Thence northwesterly along said curve
Resolution No. 2006-305
Page 6
Page 2 of 2
383.92 feet through a central angle of 14 024'20"; Thence North 26047'59" West 619.75 feet; to
an intersection with the centerline of H Street as shown on Bay Villa Tract Map 1198, dated
07/30/1909, on me in the Office of the County Recorder of Sav J:?iego County; Thence North
07026'02" West 159.83 to the beginning ofa tangent curve haVing"aradius of 1,569.00 feet,
concave southwesterly; Thence northwesterly along said curve 166.38 feet through a central
angle of 06004'33'; Thence North 13 030'35" West 755.43 feet; Thence North 16038'33" West
245.91 feet to an intersection with the easterly prolongation of the centerline of G Street as
shown on RoS 4585, filed on 02/13/1958 in the Office of the County Recorder of San Diego
County; Thence continuing North 16038'33" West 146.98 feet; Thence North 18008'47" West
427.45 feet, to the beginning of a tangent curve having a radius of2,004.00 feet, concave
southwesterly; Thence northwesterly along said curve 255.27 feet through a central angle of
07017'54"; Thence North 25026'41" West 128.22 feet; Thence North 25 032'18" West 322.73
feet; ThenceNorth 23 0 11'57" West 80.67 feet to the beginning ofa tangent curve having a
radius of 283 .20 feet, concave southwesterly; Thence northwesterly along said curve 205.80 feet
through a central angle of 41038'09"; Thence North 64 058'23" West 111.42 feet to the beginning
of a tangent curve having a radius of 291.00 feet, concave northeasterly; Thence northwesterly
and northerly along said curve 196.67 feet through a central angle of 38 043'19" to the beginning
of a tangent curve, having a radius of 1,491.00 feet; Thence along the arc of said curve a
distance of219.04 feet, through a central angle of 08 025'02"; Thence North 17050'02" West
643.23 feet; to an intersection with the centerline ofE Street as shown on Parcel Map 2567, filed
on 04/18/1973 in the Office of the County Recorder of San Diego County; Thence continuing
North 17" 50'02" West 384.86 feet; Thence North 17042'38" West 943.42 feet to an intersection
with the westerly prolongation of the centerline of 0 Street as shown on Marlborough Heights
Map 1336, filed on OS/25/1911, in the Office of the County Recorder of San Diego County.
Side lines to terminate on the South: at an intersection with center line of Main Street and on the
North: at an intersection with the westerly prolongation of the centerline of 0 Street.
Said easement contains 187,399.26 sq. ft.( 4.302095 acres)
See City of San Diego Drawing No. 30998-0
~~
Lester E. Carter Jr., 6148
Sr. Land Surveyor, Field Engineering
My Registration Expires 3/31/06
1-- O>'laJ2--
Date
file: sbaYJev.wpd w.o. 192155 04/05/02 - dgb
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