The URL can be used to link to this page

Home My WebLink AboutReso 1980-10450 Form No. 362 RESOLUTION NO.. 10450 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND GRANTING EASEMENT TO OTAY MUNICIPAL l'iATER DISTRICT FOR WATER SUPPLY FACILITIES ACROSS GARDEN PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT OF EASEMENT The City Council of the City of Chula Vista does hereby resolve as follows: That the City of Chula Vista does hereby grant certain easement to OTAY MUNICIPAL WATER DISTRICT for placement and main- tenance of water supply facilities and other utilities across Parcel 2 of Parcel Map 5481 (Horticultural Garden Park), a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized to execute same for and on behalf of the City of Chula Vista. Presented by F I~-/-:' . vi -<--;"'1't.~.i:f7!- John P. Lippitt, C~ty Engineer A~as ~ i/ .... ./- George D. Lindberg, City Attorney -1- ? Irk} I, ~ - ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHUl..A VISTA, CALIFORNIA, this 28th ~ ,~ 1 , by the following vote, to-wit: day of April AYES: Councilmen Scott, Gillow , Hyde. COX NAYES: Councilmen None ABSTAIN: CouncIlmen Nnnp. ABSENT: Councilmen McCandliss . &J~ '-rtM Mayor of the City of Chula Vista ATTEST~~- ?JJ ~"" ~.A~ . V City Clerk ." STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 55. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMt, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoinq is a full, true and correct copy of RESOLUTION NO. 10450 ,and that tho 80me has not been amended or repealed. DATED ( seal) City Clerk CC-660 lotflJd r.... For Recorder's Use ( W.O. NO. 87? After Recordation, mail to: Otay Water District 10595 Jamacha Boulevard Spring Valley, California 92078 Documentar Transfer Tax: None. GRANT OF EASEMENT OF RIGHT-OF-WAY TO OTAV WATER DISTRICT For good and valuable consideration, receipt of which,is hereby acknowledged; the undersigned the City of Chula Vista, a municipal corporation , as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, a permanent easement of right-of-way 20 feet in width for the purpose of laying underground water pipelines and laterais, main sewer lines, sewer trunk lines, collection lines and laterals, sewer manholes and other underground and surface structures appurtenant to said water and sewer lines, including but not limited to power lines for transmission and communication purposes, pumps, regulators, valves and access roads within said easement, hereinafter referred to as "said facilities," together with the right to construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such purposes. Said easement is described as follows: All that portion of Parcel No.2 of Parcel Map No. 5481, filed in the Office of the County Recorder of San Diego County as File No. 77-017730, January 17, 1977, in the City of Chula Vista, County of San Diego, State of California, described as follows: The Southerly 20.00 feet of said Parcel No.2, together with the Hesterly 20.00 feet of the Southerly 30.00 feet of said Parcel 2. Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not conflicting, interfering or inconsistent With Grantee's use of said facilities. Grantor waives any right under Civil Code section 845, and any right to compel Grantee to grade, surface or otherwise improve or maintain said easement area as a roadway. Grantor shall not increase or decrease or permit to be increased or decreased the ground elevations of said ease- ment existing at the time this document is executed, nor construct or permit to be constructed any permanent build- ing, structures, improvements or other encroachment upon said easement, without previous written consent of the Grantee. Grantor shall not cause or permit any excavation adjacent to said easement which will cause damage to or .threaten the safety of any of said facilities of Grantee placed within the easement Grantee may remove from the easement any building, structure, improvement or other encroachments thereon conllicting, interfering or inconsistent with its use for the purposes hereby granted. Grantee shall have the right to install its own gates and locks in all fences which now cross or may hereafter cross said easement. W.O. 872 t?- It) .1/50 (1) 10 22 {Overl Grantor may use said land as a drj.j~ IY and to the extent of such use may surf( the restrictions as to changes in existing ground eievations set forth above. Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the abC've mentioned facilities in the event such conflict with future development of said property, provided that Grantor does not cause discontinuance of service to any area, and provided, further, that Grantee receives, without expense to Grantee, an easement comparable to this easement for said reiocated facilities. Grantee shall never be required to relocate or alter in any way any of the facilities installed pursuant to this grant of easement, or to bear any cost in connection therewith as a result of changes in the location of any of said facilities. ". or pave the area,suoj<lct only to' Grantee shall have the right to transfer and assign this easement to its successor in interest, or to any other politi- cal subdivision or public utility for use of the above stated purpose. Date: 4/JN -/ .2 ~ /7'/// / . Grantor(s): c..j cD -r:' ~ Mayor of the City of Chula Vista INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALI~RNIA ) .. ~ )55. COUNTY OF SAN DIEGO~ /' On this day of -~ A.D., 19~~fore me, the undersigned Notary Public in and for the said County " and State, residing therein, duly comm'ts~nd sw ,personally appeared IN WITNESS WHEREOF, I h written. to me that e subscribed to the wlthm Instrument, and duly acknowledged exec ed the same. ~ e hereunto set my hand and affixed my otticlal seal the day and year In this certIficate first above "-. .....,-. Notary Public in and for said County and State. CORPORATE ACXNOWLEDGMENT: STATE OF CALIFORNIA) ) 55. COUNTY OF SAN DIEGO) On this ~ 9 day of ~4,';' ...Y A.D., 19-.-2L. before me, the undersigned Notary Public in and forthe said County and State. residing therein, duly commissioned and sworn, personally appeared L.V /;// r ~Y.4'?..-:e= k , '0 be the o~~"''''__ -" .....4""!l2..y..... ".- "A."'O tn I"'r'\A tn hA thA nown 0 me . :., , >/ u .~~_..._ ._ __ __ __ ___ ~"', ~ vf the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument. on behalf of the Corporation therein named, and acknowledged to me to be that such Corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r'~^"",^"^",,,,^,""~1'" f Q- OFFICIAL SEAL < .; . - DUANE M. HUGHES . :~ ~",o...; ,: ~ .NOTARY PUBLIC. CALIFORNIA ~ :- ., PRINCIPAL OFFICE IN 1 ..,~.' SAN .IJIEGO COUNTY l....~.~;~:e:.:.:~~~~~;~~.~~:."^ - 276. ~,~ Avo, p, 0, Box 1087, Chul. Vis"', CA, 920l! (2) 351/8 --. -~------- 36,' /7 , REET ~'ST "H ~ ;cA~- rThJ j \ I :.::;/ \ ---1~ "- " ...J .~ . '-. ~ -. -, ~- ll.J ~: -..! / tJ.,! l..~ ------ ('~ ~:: '. '. ;~ ~r tt .li6 /7 L-_""'= ....157 /6 L'...,! I " '" ~l f "J _, Cl 20' WATER EASEMENT OR AWN BY L. M. G. ----------- 'l~ 1/(?~:~.<. OATf.4_IS_BI ---------- c- /819 -- /7 I/O . ! I . . I , I --1-- _______----.:____ I I ,S' (} ':/ rh' ~VE'.S r/.:-,9 IV ! (,'0.:U:.'6/:.- . I , , I /7 /0 - -- /61//' i I TIT L E HOR T/CUL TURE GARDEN PARK OFFSI TE WA TER EASEMENT-CHARTER POINT