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Home My WebLink AboutReso 2009-204RESOLUTION NO. 2009-204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT DEED CORRECTORY DEED FOR EXCESS RIGHT-OF-WAY ADJOINING STATE ROUTE 125 DESIGNATED AS SAN DIEGO COUNTY ASSESSOR'S PARCEL NUMBER 595-030- 25 AND CALTRANS R/W 33255 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) WHEREAS, in 2002, the City of Chula Vista (City) entered into the City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real Property to facilitate development of the SR 125 toll road through the City; and WHEREAS, construction of the SR 125 has been completed and the right-of--way must be finalized; and WHEREAS, this parcel is also identified by Caltrans as 11-SD-125-KP 12.1 - R/W 33255; and WHEREAS, this Correctory Deed is necessary to revise the right-of--way on East H Street in the vicinity of the southbound off-ramp from 8,534 squaze meters to a revised area of 7,765 squaze meters in order to retain existing mature trees along the north side of the roadway; and WHEREAS, this Grant Deed was originally recorded on November 16, 2007 per Document 2007-0723413. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a Grant Deed Correctory Deed for excess right-of--way adjoining State Route 125 designated as San Diego County Assessor's Parcel Number 595-030-25 and Caltrans R/W 33255 from the California Department of Transportation (CALTRANS) attached to this resolution as Exhibit 1. Presented by Richard A. HopLd s Director of Public Works Approved as to form by ~~ ~~ . ~.. u Bart . Miesfel Cit Attorney, Resolution No. 2009-204 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of September 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann C~ Cheryl Cox, ayor ATTEST: Donna R. Norri , CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-204 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of September 2009. Executed this 1st day of September 2009. ~/1~CI~Je.[~~/V ~,i4.4~..~0 Donna R. Norris, MC, City Clerk it .,,= R~'"JgDED AT 7HE gEOUEST OF ( ' ° ~CHICA00 TTLE COMAgNY ' fSISBDIVISION DEPT. ~~ ~. STA~E OF CALIFORNIA HIGHWAY USAGE STATE BUSINESS FREE GOVTCODE 6103 - DEPARTMENT OF TRANSPORTATION DISTRICT 11 When recorded mall to: State of Califomia Dept of Transporta£on - , _ ~- Attn:. Office of Right of Way 4050 Taylor Street, M.S. 310 San Diego, Ca 92110 C,~3~y119J° Jv GRANT DEED (MUNICIPAL CORPORATION) THE CITY OF CHULA VISTA, a municipal dorporation organized and existing under and bv_virtue of the laws of the State of Califomia does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of San Diego, State of Califomia, described as: ,. - - ~ - ' PARCEL 33255 Parcel 5, of Parcel Map No. 16537, in the City of Chula Vista; County of San Diegd, State of California, filed in the Office of the County Recorder of San Diego County, July 8, 1991. Containing 8534 square meters more or less. This legal description has been prepared by me or under my direction in conformance with the Land Surveyor's Act. 6~ LANp 9U 2S OTT f RL - n' '_ ~ ~~~~~C~ ~`~eSC. °~"%s`~o B. SCOTT DKINS .DATE =' P LS 7696 * \ ExP0~Z7 96o`I,k _ -_ EXPIRATION DATE 12131/06, OF ATTACHNFENI' ~ %~ . ~~ b~~3105 1 Resolution No. 2009-20#---- DQC # 2~~7-~~413 III IIII IIIIi 11111 Ilill lillllllll 11111 IIIII IIIII IIIII IIIII IIII IIII NOV 16, 2007 10:19 AM OFFIC4AL RECORDS S:';PI DIEGO COIJNTY RECORDER'S OFFICE GREGORY J, SMITH, COUPITY RECORDEF FEES: O.OU OC: NA PAGES: 3 I~~~~ ~~~ v~~~ n~~~ ~~~~~ ~I~~~ A~~~ ~~~~~ 10~~ ~~~~ ~I~~~ ~~~~ ~~~~ d~~~ ~~~ ~~~ District Coun Route Post Number 11 SD 125 KP 12.1 R/W 33255 FDaM AN 6-1 IA)(9EVI$ED 9/961 3492G0-33255.000 D]/13/e6 SE Resolution No. 2009-204 p r ' P~C4t,`.: - 31US R/VJ 33255 T S .. The grantor further understands that the present intention of the grantee is to construd and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for ,any and all damages to. grantors remaining property contiguous totheproperty hereby' wnveyetl,by reason of the location, cronstrudion, lantlscaping, or maintenancebf said highway. - ~, - -' (Ae use/d_above, the tens °grsntor shal/l include the plural as well as the singular number.) Datetl this ~(p~" ~ day of db r~ ~, 20 0~.~ . ~ _ ~ _.. n lf~~Y C®y,~ ~_vrs~ STATE OF_CALIFORNIA ~. ~ - - ~ ~ - .. SS PERSONAL ACKNOWLEDGMENT: County of. - .. t _. On this the day of , 20 ,before me, - ' ~ ~ ~~ - Name, TRIe of Officer, e.g., 'Jane Doe, Notary Public; -Personally appeared ~ ~- ~ ~ ~ ~ ~ ~ ~ - Name(s) of Signer(s) - ^ personally known to me ~ ~ ~ ~ . _ ^ proved to me on the basis of satisfactory evidence - - ~ - - - to be the person(s) whose name(s)- islare subscribed to the wkhin InstNment and acknowledged to me that he/shefthey executed the ~' same in _ his/herAhelr authodzed cepaaty(ies), and that by hls/herttheir signature(s) on the insWment the person(s), or the entity upon behaB of which the person(s) acted, executed this instrument ~ .. -. - - ~ - WITNESS my hand and oRclal seal _ _ _ _ _ ~ _ (Notary Public's Signature in and for said County and State) THISiS TO CERTIFY,ThaYthe~Stateof ~Califomia, acting by and through the Department of Transportation (pursuant~to Government Code Section 27281), hereby accepts for public purposes the real .property described in the within deed and consents to the recordation thereof. ~ ~ - ~ .. IN WITNESS WHEREOF, I have hereunto set my hand - this 1 ~_ day of ~~ - Nmrwmhar . 20 07 WILL lfEMPTON Director of Transportation B Atfomey in F ct JANET SCRAPPER DEPUTY DISTRICT DIRECTOR POfM AW 6-1 tA)taavlaeo 0/96) 1<92Ga-33255.00[ 0]/13/06 Ga ,~;,; , ., Resolution No. 2009-204 3 Page 5 3107 STATE OF CALIFORNIA ) S.S. COUNTY OF SAN DIEGO ) On the ~ n`~'I~ day of ~ fS~fPa'Yi b Pte-, 2007, before me, Lbn A1'1f1~ ~p~e8, Senior Deputy City Clerk, personally appeazed ~,~ ~ C0 ~ ,personally known to me to be the personf,~j whose name(,~j is/a~e subscribed to the within instrument and acknowledged to methat ke/she/tray executed the same in~ts/her/then authorized capacity(ies), and that by 1~{her/their signature(s) on the instrument, the person(d~, or the entity upon behalf of which the person(, acted, executed the instrument. WITNESS my hand and official seal. Lori Anne Peoples, MMC Senior Deputy City Clerk of the City of Chula Vista Resolution No. 2009-204 Page 6 STATE OF CALIFORNIA HIGHWAY USAGE STATE BUSINESS FREE GOVT CODE 6103 DEPARTMENT OP TRANSPORTATION DISTRICT 11 When recorded mall to: State of California Dept. of Trensportatlon Attn: Office of Rlght of Way 4050 Taylor Street, M,S. 310 San Dlego, Ca 92110 GRANT DEED CORRECTORY DEED (MUNICIPAL CORPORATION) APN: 595-030-25 E.A. 232302 CLO 52C26m-B Dlstrlct Coun Route Posi Number 11 SD 125 KP 12.1 R/W 33255 THE CITY OF CHULA VISTA. a municipal corporation organized and existing under and by virtue of the laws of the State of California does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of San Diego, State of California, described as: PARCEL 33255 Parcel 5, of Parcel Map No. 16537, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, July 8, 1991. Excepting therefrom that portion described as follows: Beginning at a 2" iron pipe with disc stamped "L.S. 5669" marking the most Westerly corner of said Parcel 5; said pipe bearing South 56°49'25" East 31.102 meters from a 2" iron pipe with disc stamped "L. S. 4838" per Map No. 11403, recorded December 26, 1985 in the Office of said County Recorder; said pipe marking the Northwesterly corner of Lot "C" of said Map No.11403; thence along the Westerly line of said Parcel 5 North 30°35'15" East 21.955 meters to the beginning of a non- tangent 654.712 meter radius curve concave Southeasterly, a radial bearing to said beginning bears North 59°25'02" West; thence Northeasterly along said curve through a central angle of 01°56'46" a distance of 22,238 meters; thence leaving said Westerly line South 54°30'39" East 17.420 meters to a point on a 609.601 meter radius curve concave Southeasterly, a radial bearing to said point bears North 56°30'25" West; thence Southwesterly along said curve through a central angle of 02°24'46" a distance of 25.671 meters; thence South 31°04'49" West 20.271 meters to a point on the Southerly line of said Parcel 5; thence along said Southerly line North 48°32'15" West 17.103 meters to the Point of Beginning. Containing 7,765 square meters more or less. FORM RW 6-1 (A)(REVISED 4/96) 1492GD-33255(revised).DOC CB/06/09 SE Resolution No. 2009-204 Pa e 7 Numher RNV 33255 This deed is prepared to correct the legal description in Document No. 2 007-072 341 3, recorded November 16, 2007 in the Office of the County Recorder of San Diego County. Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate System of 1983, HPGN Epoch 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply distances by 1.000 000 8 to obtain ground level distances. This legal description has been prepared by me or under my direction in conformance with the Land Surveyor's Act. ~~~. *( .~i A PI p ~ b\ S~~1T FD~LP ms ~ o\, a Exp. (~~~ ~F ~L-~~ ~~~~/ice B. SCOTT EDKINS UH I C LS 7696 EXPIRATION DATE 12/31/10 Form RW 6-1 (C) (Revised O6/O6) 1492GD-33255(revised).DOC fi/11/2009 Resolution No. 2009-204 Page 8 Number RM/ 33255 The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in Fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to grantors remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affaed hereto, this day of , 20 By [CORPORATE SEAL) Secretary State ofCalitomia i SS ACKNOWLEDGMENT Ccunty of J On before me, m.. n..n ,,,m. ,,,a,;n.,,r,~,~,.m~~d personalty who provetl to me on the basis of satisfactory evidence to ba the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their autharizetl oapecily (les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) stied, executed the Instrument. I certify under PENALTY OF PERJURY under the lavrs of the State of California that the foregoing paragraph is true and correct. WITNESS my hantl and offclal seal. Signature (SeaQ THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ sy Director of Transportation Attorney in Fact Form RW 6-1 (C) (Revised 08/06) 1492GD•33255(revised).DOC 8/112009