HomeMy WebLinkAboutReso 1980-10428
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RESOLUTION NO. 10428
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA
VISTA AND HENRY AND YVONNE PALACIOS NOT TO PROTEST
THE FORMATION OF A 1911 OR OTHER IMPROVEMENT DISTRICT,
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND
ACCEPTING GRANT OF EASEMENT FRCM HENRY AND YVONNE
PALACIOS FOR STREET TREE PURPOSES
The City Council of the City of Chula Vista does hereby
resolve as follows:
NCM, THEREFORE, BE IT RESOLVED that that certain
agreement between THE CITY OF CHULA VISTA, a municipal
corporation, and HENRY PALACIOS and YVONNE PALACIOS, not to
protest the formation of a 1911 or other improvement district,
da ted the 7th day of April , 1981, a copy of wh ich is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that that certain grant of
easement for street tree purposes, executed by HENRY PALACIOS and
YVONNE PALACIOS, dated the 16th day of March, 1981, 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 street tree
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 agreement and grant of easement in the office of the
County Recorder of San Diego County.
Presented by
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JonD P. Lippitt, City 'Engineer
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Approved as to form by
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George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
7th
CHlLA VISTA, CALIFORNIA, this
day of April
'9~ 1 ,by the following vote, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
ATTEST
Councilmen
Scott, Gi11ow, Hyde, Cox, McCand1iss
Councilmen
Ccmcilmen
Councilmen
None
None
None
wJLQ ~ (T
Mayor of the City of ChuIa Visto
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, Cp<<:, CITY CLERK of the City of Chulo Visto, Californio,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO.. 10428
,and that the same has not been amended or repealed.
DATED
( seoJ)
CC-660
City Clerk
! Ot.; :2 <;?
Henry Palacios
Yvonne Palacios
GRlu,T OF El,SEPEUT - FOR STEEET TREE PURPOSES
,.
FOR A VALUABLE CONSIDEEi\TION, receipt of \-Ihich is hereby
acknowledged, the undersigned do/does hereby grant to the City of
Chula Vis~a, in the County of San Diego, State of California, an
easement and right of \-lay for, and the right to plant, maintain,
replace or remove trees in, upon, over and across that certain
real property situated in the City of Chula Vista, County of San
Diego, State of California, and more particularly described as follows:
(See legal description attached)
together with the right to enter upon and to pass and repass over and
along said easement and right of way and to deposit tools r- implemen ts
and other materials thereon by said City of Chula Vista, its officers,
agents and employees and by any contractor, his agents and employees
engaged by said City, whenever and Vlherever necessary for the purposes
above set forth:
WITNESS
I3Y
ha!1d
this
!e, Vi day of
MIt~C-tr
, 19~.
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'H~lacios
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Yvonne Palacios
STATE OF Cl~IFOF3IA ) SS
COUNTY OF SIIN DIEGO )
On this
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.
day of A4 If p e 11 ,19 7/ ,- before me,
, a Notary Public in and for the
said County of San Diego, State of California, residing therein, duly
,cormnissioned and Si'lorn, personally appl2i1red Hc.o a Y P/f L AL.l oS ~ _
. Y I/O AI "-'6 P"tL -C!'" .s: , personally knm-;n to me to be the person \'Ihese
name ~ subscribed to the Hi thin inst.rumen t and -=.c..he l::.. duly acknovlledge
to me that ~he~ executed the same.
III h'ITNESS \'IIiCREOF, I have hereunto set my ha.,d and affixed my
official seal, at my office in the County of San Diego, the day and
year in this certificate first pbove written.
.Vb-..V..",^-JJ_-.h.~~g:-w..
.f()('/Z t ~~~MILTON L ROBERTSON
7 . llOTARY PUBllC . CALIFORNIA
I'Ilad\>el Ofllco ill San Diego eoonty
It,o 'I; y _... ' Ill, eo....iuion up. o.c. 9. 1983
.,c",., _', .'~ ,."..,~!~~;-.,_,,~. ~,_'.
.Jn1~~
Notary Public in and for the
County of San Diego, State of
Cali fornia ..~."."... _. .,,"'"~....'.,
The Westerly 8.00 feet and the Southerly 10.00 feet of land
described as follows:
The West half of all that portion of Lot 12 in the Subdivi-
sion of Quarter Section 138 of Rancho De La Nacion, made for
S. J. Baird, according to Map thereof No. 185, filed in the office
of the County Recorder of San Diego County, February 28, 1887, de-
scribed as follows:
Commencing at a point in the Northerly line of said Lot,
which is South 700 57' West 330 feet from the Northeasterly corner
of said lot and running thence South 700 57' West along said
Northerly line 101.6 feet more or less to the Northeasterly corner
of lands conveyed by John B. Merritt to C. C. Van De Veer, April 3,
1912 by deed recorded in Book 560, page 7 of Deeds; thence South
190 East along the Easterly line of said Van De Veers '. land 139.2
feet; thence North 700 57' East on a line parallel with the
Northerly line of said Lot 12, 101.5 feet more or less to a point
which is South 700 57' West on a line parallel with the Northerly
line of said lot, 330 feet from the Easterly line thereof; thence
North 190 West on a line parallel with the Easterly line of said
lot 139.2 feet to the Point of Commencement.
Together with that portion of said land lying Southwesterly
of the arc of a 10.00 foot radius curve, concave Northeasterly,
. said curve being tangent to both the Easterly line of said West-
erly 8.00 feet and the Northerly line of said Southerly 10.00
feet.
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ING a
EASEMENT
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ALVARADO STREET
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Vlc;lN IT! MAP
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TIT L E
STREET TREE PLANTING EASEMENT
TPM 80-11
AGREEMENT BETWEEN THE CITY OF CHUIA VISTA AND
HENRY PALACIOS NOT TO PROTEST THE FORMATION
OF A 1911 OR OTHER IMPROVEMENT DISTRICT
THIS AGREEMENT, made and entered into this 7th day of
April , 1981, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter referred to as "City" and HENRY
PALACIOS, 888 Buena Vista Way, Chula Vista, California 92010,
hereinafter referred to as "Owner";
WIT N E SSE T H .
WHEREAS, the City of Chula Vista has heretofore approved
a Tentative Parcel Map 80-11 on June 10, 1980, and
WHEREAS, a condition of said Tentative Parcel Map was
that the property owner would waive all rights to protest the
formation of an improvement district for the improvement of
Alvarado Street.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
That Owner and/or his heirs, assignees or successors in
interest shall at such time as a 1911 or 1913 Act petition is
circulated, sign said petition and that said parties do hereby
waive all rights to protest in the event a 1911 or 1913 Act
proceeding is instituted.
IN WITNESS WHEREOF,
agreement to be executed the
forth.
the parties hereby have caused this
day and year first hereinabove set
THE CITY OF CHUIA VISTA
OWNER:
ATT~
Approved as to form by
~
Palacios</?
~~
Yvonne Palacios
Subscribllil slid sworn to befwe me this
-rJ!
/ V> day of ~.Ili?Sll_ !V'y .
11;;,::%.1'.<',-:, '/A~ Notary Publir.
Stlte of California. Princip<.ll Office. Si1t1 Oie{ln C:Ull1t'l
(Attach Notary Acknowledgment)
~~~~~
City Attorney , .
R-I0428
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i'; MILTON L. ROBEfrrSON
:; IIOrARY PUBLIC. CAURlRftlA
1'. PrIncipal Office in San Diego Cl:!"flt~.
My CommIssion Ekp. Dec. 9, 1ge:
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