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Home My WebLink AboutReso 1979-9502 < , C _, RESOLUTION NO. 9502 RESOLUTION OF THE C2TY COUPdCIL OF THE CITY OF CHULA VI5TA APPROVING CON6EPJT AND SUBORDINATION AGREEMENT BETWEEN THE CITY OF CHULA VISTA ArdD 5AN DIEGO GAS & ELECTRIC COMPANY, OMEN SPACE LOT "A" OF PARCEL MAP 7650, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby re olve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Consent an Subordination Agreement between the San Diego Gas & Electric Co parry and the City of Chula Vista, dated the 20th day ofFebruar~y 19 79 , a copy of which is attached hereto and in roc roc porated herein, th same as though fully set forth herein be, and the same is hereby ab roved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vi to be, and he is hereby authorized and directed to execute said a Bement for and on behalf of the City of Chula Vista. Presented by G:C/. /~~ W. J. Robens, Director of P blic Works Approved as to form by ,~ ~~~ ~ ~~ a ~ ~ - ~ / ~,. George Lindberg, City Atto ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF ULA VISTA, CALIFORNIA, this 20th day of February , 197_c~, the following vote, to-wi$: A~ES: Councilmen Scott,; Cox E~dahl Hyde..,, Gi 11ow _ P1~YE5: Councilmen None T: Councilmen None A TE /~/~ ` (,, City C erk S ATE OF CALIFORNIA) C UNTY OF SAN DIEGO) ss. C TY OF CHULA VISTA) .t~Q. ~ ~ • Mayor of the City of Chula Vista I~ , City Clerk of the C'ty of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the s me has not been amended or repealed. DATED City Clerk When recorded, please return to: fcnnie 111. 1~t~Ltsz, Cit}' Clerk P. O. ~o^, 10,7 Chula Vista, California 52012 CONSENT AND SUBORDINATION AGREEMENT Date February 20 ~ 19 79 The CITY OF CHULA VISTA ("City") a municipal corporation, as offered an open space easement ("open space easement") in pen Space Lot "A" of Parcel Map 7650 ("Parcel Map") in the City f Chula Vista, California. The open space easement was rejected y City, pursuant to Section 66477.2 of the California Government ode. The open space easement covers the land described in the rant of easement and right of way ("easement"), attached hereto s Exhibit A, and by this reference incorporated herein and made part hereof. The City heueby approves and consents to easement nd agrees that open space easement, its terms, covenants and nditions shall in all respects be subject and subordinate to e sement. City covenants and agrees to use open space easement i accordance wi th the terms and conditions of easement and to r f rain from any act or omission which would result in a violation o the terms and conditions of the easement. CITY OF CHULA VISTA By ~~ ( , / MAYOR Attest. ~ ~~ CITY CLERK -2477 R*~ 7c335 ~-/v MUNICIPAL CORPORATION FORM S'~.'ATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. ON THIS 27th day o,f FEBRUARY , 19 79 , before the undersigned, a Notary Public in and for said County and ate, residing therein, duly commissioned and sworn, personally peared Will T. Hyde known to me to be the yor, and Jennie M. Fula~z known to me be the City Clerk of the City of Chula Vista the municipal corporation that executed e within Instrument, known to me to be the persons who executed e within Instrument, on behalf of the municipal corporation erein named, and acknowledged to me that such municipal corpora- on executed the same. WITNESS my hand~nd official seal. S t tr tr tr t~ ~v~ c~ ~~~ ublic in and for s ounty and State ,.~;,, , ry OFFICIAL SEAL JANE A. DIEDRICHS W b ~ NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY "'ro°"'' My comm. expires JAPJ 22, 1980 ~ .~_, 276 Fourth Ave., Chula Vi;;'a, C,^. 9_010 ~~ ~~~~~~~ A RIGHT OF WAY SPACE ABOVE FOR RECORDER'S L'SE F?ICfIF~F:D A. faCiCtCfi~k e~n~ t?4LQRES M. EC?t1C~t£R, husb~r.G ~n~i wise as Grantor, for valuable consideration, receipt whereof is hereby acknowl- edged, grant(s) to San Diego Gad & Electric Company, s corporation, as Grantee, an easement and right of way ,'cCl•f3~ feet in width, in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use, one or more line or lines of poles and/or towers, with wires and cables suspended thereon and supported thereby, and underground conduits, wires, cables, vaults and manholes, for the transmission and distribution of electricity, and for all other purposes connected therewith, and for telephone, signal and communication purposes, including guys, anchorage, crossarms, braces and all other appliances and fixtures for use in connection therewith, at such locations and elevations upon, along, over and under the hereinafter described easement snd right of way as Grantee may now or hereafter deem convenient or necessary at any time and from time to time, together with the right of ingress thereto and egress therefrom, to and along said easement and right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said easement and right of way from explosives, buildings, structures and materials. The property in which said easement and right of way is hereby granted is situated ir. the County of San Diego ~ , State of California, and is particularly described as follows, to-wit: Parcels 1, 2 and 3 anC Lot "A• of Parcel Map 230. 7650, io the City o! Chula Vista, County of 5®n Diego, a, tats of California, filed in the office of the County Recarc?er of Sin Lieco County, August 2, 1978 as i~il®/Pace tso. 78-32G306 of Official kecords, being a portion of Quarter :~cctic,n 45 of Rancho de la Nr~cion, mcccsrding to flap thereof i'ao. 16f iileCCCi in the office of Said County kQCOrder. The centerline o. said easement and right of way in the ~efr~resaiu lan=s is particularly d®scribecl aa~ follows Cosr.r~er_cinc at t2Ye t.ortheast corner of said Quarter Section 45, being also the northeast boundary cornet of said Pazcel tap :~c, 7G5U1 thence along that Easterly line of said Quarter erection 45, South 16° 14' 35• fast, 7!32.40 feet to a tcvo inc~t; r~i~ae stae~pec~ RCE 12~Q6 marking station 312 + X1.96 on the c~rnter line of Otay Lakes koad, c~ceorc~ing to Road Survey I;c. 558--1 fil~c~ in the office of the Craunty Surveyor of said Count}~ of ~3n Ciego= thence along said center lira ~`orth 53° C7' 24" hest, 1.17.36 feQtf tl3ence North 36° ~2' 3f" LF~::t, ~S.OG feet thence l+orth 53° U7' 24" treat, 532.17() :aet to ~.;;e TF.'v`L f~0i2~~T GF EEGIL:I~I2:Gf thencc~ retracing :>GUt:~ 53° =J 7' 24" Last, ~~l::.QO feet; thence youth 53° 11' ,e4" f;4_t, 376.G0 feet. .,, ~L G: F,e~~inning txt ~sid TkCiE F'OZi~T OF BEGItiIiYi~iGl thence t~ortt; 55° 35' ,~~" blent, 293.10 feet. F.L Gs ~h~~,t certain strip of 3anc3 4.t}4 feet in width, tein~ 2.1;1, fePr on each Ei~G' of the following descrfr:ed centerline: ~~eginr~irg at said TRUE P^vIl1T f3F L~CINtsI!(Gq thence taarth 3G° Op' 00" Lase, 30.0:7 feat, -2- OZ Grantor shall not dig or drill any well, plant any tree, erect, place or construct any building or other structure, nor impound or store fluids within the boundaries of this easement and right of way. Grantor shall not increase or decrease the ground surface elevations Within the boundaries of this easement and right of way without written consent of Grantee. Grantor shall not grant or dedicate any easement on, under or over this easement and right of way, without first securing Grantee's written spproval. The right to transfer and assign this easement and right of way in whole or in part being hereby granted to Grantee. Grantee shall have the right to place, erect and maintain on the above described lands of Grantor, adjacent to this easement and right of way, such anchorage as may be necessary at any time and from time to time to properly 3uy the line(s) of poles constructed upon said easement and right of way. Grantee shall have the right to erect, maintain and use gates in all fences which now cross or may hereafter be permitted to cross this easement snd right of way. Grantee shall have the right, but not the duty, to trim or remove gees, brush, roots or material from this easement and right of way whenever irantee deems it necessary. Said right shall not relieve Grantor of the duty is owner to trim or remove trees, brush or material to prevent danger or iazard to property or persons. ~~_ - - The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of any heirs, successors, executors, administrators, permittees, licensees, agents or assigns of Grantor and the successors and assigns of Grantee. IN WITNESS WHEREOF, Grantor "- executed these presents this ..~ sT day of Z9~ Execxt`t~ci in, th~~sence of Witness. ~~ fiick3ey t®.... • ... ~:~ ......... . cx.....R': 477 ............. ,, ~530Z-~1 . ..... ..... ,,. • 8A~7~3t~13-10 ...... . _ -.~ ,_ . ,. ~:>~:. '~ ~ ~J / /,~ ~~' -4- GEPIERAL FORM ' STATE OF ~ ~~~~ ) ss . COUNTY OF 7~t~- /~?~r~ p ) ON THIS -~- day of ~~~ ~/i , 19 J~, before me, the undersigned, a Notary Pub is in and for said County and State, re~ding therein, duly commissioned and sworn personally appeared ~I~-~ ~ ~?~ ,,~ ~,, ~~,~/ ~~~~ F~s ~I ~ ~r+ known to me to be ' he person wnose name ' ,~ su~bscribed~to ~he within ~ ~ c.. Instrument, and duly acknowledged to me that ~he~executed the same. WITNESS my hand and official seal. ^ ^ w ti°f~ rtititi~°i r°.ra°u o'w°ura i lu°r M ~~ .~s °' ~~`''~u sFAO Rotary Public in and or sa d ~ x.. mti...~,~, ~toz~,~r E>ur3~ro ~:au~u,t~via~, ~~vS;~r PRrr1CIPAl pPF;CE iN r,.;,o~ ' SArd irtl~.si: c:crur~ty P,1y C:mmissisn ExpL•a~ Septemb^r 1?, 1951 ~ T rt 'n~w'ha~rrrrusirrrrrrw`rrranrrw ~s^1~~r~rr~°~c~~stir~r`5-~ C7 E r f E~ A L i', ~ Rl'1 STATE OF COUNTY OF ss. unty of State ON THIS day of 19 before me, the undersignedd, a'Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared , known to me to be the person wnose name subscribed to the within Instrument, and duly acknowledged to me that he executed the same. - WITNESS-my hand and official seal. - _ Notary Public in and for said County of State' So