HomeMy WebLinkAboutReso 1978-9045RESOLUTION NO. 9045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING TWO EASEMENTS FOR STREET PURPOSES
AND TWO EASEMENTS FOR STREET TREE PURPOSES FROP4
JAMES R. HOWARD
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, one of the conditions of approval of Tentative
Parcel Map 2-78 is for the owner to dedicate additional right of
way and easement for street trees along Second Avenue and along
the unnamed public alley (Las Flores<Drive), and
WHEREAS, on March 6, 1978, James Howard, owner, granted
to the City of Chula Vista two easements for street purposes and
two easements for street tree purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that those certain grants of easements
for street and street tree purposes executed by James R. Howard,
copies of which are attached hereto and by this reference made a
part hereof, the same as though fully set forth herein be, and
the same are hereby accepted by the City of Chula Vista for
street and street tree purposes.
BE IT FURTHER RE
of Chula Vista be, and she
documents in the office of
Presented by
W. J. Robens, Director of
Public Works
SOLVED that the City Clerk of the City
is hereby directed to record said
the San Diego County Recorder.
Approved as to form by
,'
,, ~,~~
,~
George D. Lind erg, City Att ney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 21st day of March , 197 g ,
by the following vote, to-wit:
AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
~-
Mayor of the City of hula Vista
ATTEST.`
City Clerk
o ,, v
5TA E OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
City of
a full,
same has
I, , City
Chula Vista, California, DO HEREBY CERTIFY that
true and correct copy of Resolution No. ,
not been amended or repealed. DATED
Clerk of the
the above is
and that the
City Clerk
WREN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
City Clerk
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE
Assessor's Parcel
No. 566- 300-39
SPACE ABOVE FOR RECORDER'S USE ONLY
~aSQ~ent $t)r Street ~~~~®SeS--Second Avenue
James R. Howard
do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA,
State of California, the right of way and incidents thereto for a public
street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, described as
follows:
In the City of Chula Vista, County of San Oiego, State of California.
being a portion of 80 Acre Lot 1 in Cuarter Section 125 of Rancho De
La Nacion, according to Map thereof No. 166 filed in the office of
the County Recorder of San Diego County, May it, 1863, described as
follows:
Commencing at the Southwest corner
t5' ~0" E a distance of 24.00 feet
thence along the Southerly fine of
a distance of 4.00 feet; thence N
feet; thence S 71° 15' 30" '~ a di s
S 1~ 36' 08" E a distance of 10,00
NING.
of said 80 Acre Lot 1~ thence N 71~
to the TRUE POINT OF BEGINNING;
said 80 Acre Lot 1 N 7 115' 30" E
i8°36' 08" W a distance of 10.00
tance of 4.00 feet; thence
feet to the TRUE POINT OF BEGIN-
'W-E-77
The Grantor hereby further grants to the City of Chula Vista the privilege
and,right to extend drainage structures and excavation and embankment slope:
beyond the limits of the herein described right-of-way where required for
the construction and maintenance of said public street. RESERVING unto
grantor of the above described parcel of land, his successors or assigns,
the right to eliminate such slopes and/or drainage structures or portions
thereof, when in the written opinion of the City Engineer of Grantee, the
necessity therefore is removed by substituting other protection, support
and/or drainage facility, provided such substitution is first approved in
writing by said City Engineer.
The Grantor hereby further grants to Grantee all trees, growths (growing
or that may hereafter grow),. and road building materials within said
right-of-way, including the right to take water, together with the right
to use the same in such manner and at such locations as said Grantee may
deem proper, needful or necessary, in the construction, reconstruction,
improvement or maintenance of said public street.
The Grantor, for himself, his successors and assigns, hereby waives any
claim for any and all damages to Grantor's remaining property contiguous
to the right-of-way hereby conveyed by reason of the location, construction
landscaping or maintenance of said public street.
Dated this ~p ~ day of Q ~, ~ 19 Z
STATE OF CALI~ORNI
COUNTY OF ~ ASS
On !~~j~~ ~T~ g2~_before
me , _.
the undersigned, a Notary Public in and
for said State, pe so al appear d
to be the person whose name
subscribed to the within nstrument
and acknowledged that^executed
the same.
WITNESS my hand and official seal.
Signature
ff~ ! l ~.1 ~.1~ ~ ~ n ~,si D,~.Gdlr~
Name Typed or Printed _
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~'~%3C9f~'C'-X~tt~i a z ,., ,,. zw .:
4s'_ ` OFFICIAL SEAL ~~
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/ ALLA~J W. THCMPSON ±
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p ~ NOTARY PU~1 (,1
, - CALIFORNIA
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._~~U PRINCIPAL OFFICE IN
^7"- '~
Ny Commis SAN OIEGG COUNTY
•lon Expires October 17, 1980
"v~7HEN RECORDED, PLEASE MAIL
THIS INSTRUMENT TO:
City Clerk
City of Chula Vista
P. O. BOX 1087
Chula Vista, CA 92012
NO TRANSFER TAX DUE
Assessor's Parcel
No. 566-300-39
SPACE ABOVE FOR RECORDER'S USE ONLY
~~Se~De~'lt fir Street Purp®ses--Las Flores Drive
Jame R HnUra rd
do(es) hereby grant, convey and dedicate to the CITY OF CHULA VISTA,
State of California, the right of way and incidents thereto for a public
street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, described as
follows:
In the City of Chula Vista, County of San Oiego, State of California,
portion of Lot 1 of Rosebank Subdivision ~viap 1304, filed in the
County Recorder of fan Diego County on January i2, 1911, described
as foliowsz
°
Comm®ncing at the >outhwest corner of said Lot 1; thence N 70 58' 27" E
distance of 454,86 feet along the Southerly line of said Lot 1 to
the TRUE POINT OF BEGINNING; thence continuing N 70°58' 27" E a dis-
tance of 14.47 feet to a point on a ?05.85 foot radius curve concave
`Vesterly bearing radially from the center of said curve N 5830' 20" E
said curve being the Ely line of said Lot 1; thence Northwesterly
a l onq sa i d curve ±hroug`~ a ee'+±r~ l ~nnle of 00° n9' 53" a distance of
0.59 feet to a point of tangence at the end of said curve; thence
'~ 31~ 39' 33" ':'~ a distance of 62, 85 feet to the N`I y I i ne of sa i d i_~-± 1 ;
thence S 'r i° 15G ~~0" W a distance of 14.60 f~-~-A; thence S 31° 45' 17" E
a di stanc- of 63.74 feet to the TRt1F POINT 0~ BEGINNING.
'W-E-77
The Grantor hereby further grants to the City of Chula Vista the privilege
and right to extend drainage structures and excavation and embankment slope;
beyond the limits of the herein described right-of-way where required for
the construction and maintenance of said public street. RESERVING unto
grantor of the above described parcel of land, his successors or assigns,
the right to eliminate such slopes and/or drainage structures or portions
thereof, when in the written opinion of the City Engineer of Grantee, the
necessity therefore is removed by substituting other protection, support
and/or drainage facility, provided. such substitution is first approved in
writing by said City Engineer.
The Grantor hereby further grants to Grantee all trees, growths (growing
or that may hereafter grow), and road building materials within said
right-of-way, including the right to take water, together with the right
to use the same in such manner and at such locations as said Grantee may
deem proper, needful or necessary, in the construction, reconstruction,
improvement or maintenance of said public street.
The Grantor, for himself, his successors and assigns, hereby waives any
claim for any and all damages to Grantor's remaining property contiguous
to the right-of-way hereby conveyed by reason of the location, construction
landscaping or maintenance of said public street.
Dated this G~~ day of ~ ~~~~ 19
STATE OF CALIF RNIA - )
COUNTY OF ~)SS
On ~%~~~~~` ~ _~}7f} before me,
the undersigned, a Nota y Public in and
for said State, perso all a eared
to be the person whose name~~
subscribed to the within nstrument
and acknowledged that_~_executed
the same.
WITNESS my hand and official eel.
Signature
,/~l/~~ Gtl l~~n 4n ~
Name ( ed or Printed)
. ~c~'r+cxr~.xrrcaa~
OFFICIAL SEA
a~_c-~,
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r';.-~~-~-'~''`~~+ L ,~
ALLAN W. THCMPSON r
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~ NOf~RV PU3LIC CALIFORNIA*~
PRIN CiP.al OFFICE IN
r _ .ifs
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My Commlas gnu DIE^G !:O UNT7
lon Expires Octoter 17, 1980
GRANT OF EASEr.INT - FOR STREET TREE PURPOSES
FORA VALU~'~I3LE CONSIDLRATIOi1, receipt of which is hereby
acknowledged, t}Ze undersigned do/does hereby grant to the City of .
Chula Vista, in the County of San :Diego, State of California, an
easement and right of way 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:
In the City of Chu i a Vista, Cou~~ty of San Diego, State of Ca I i forn i a,
a portion of 'Lot 1 of Rosebank Subdivision, Map 1304, filed in the
office of th® County Recorder of San Diego County on January l2, 191{,
described as follows:
Commencing at the Southwest corner of s-aid Lot- ~; thence N 70`58' 27"
E a distance of 454.80 fact along the Southerly line of said Lot i to
the TRUE POINT OF BEGINNINa; thence N 3t.° 45~ 17" +N a distance of
63.5 feet; thence S 71° 15' 30" '~"d a distance of 7.70 feet: thence
S 3`45' 17" E a distance of 63.58 feet; thence N 7 ~ 58' 27" E a dis-
tance of 7.69 feet to the TRUE POINT OF BEGINNING.
toget}ier with the right to enter upon and to pass and repass over and
along said easement and right of ~aay and to deposit tools, implements
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 wherever necessary for the purposes
above set forth:
~ ,v ~ ~~t
j~7ITIIESS i' ~~ hand ~ this ~~-- day of ~ ir~r~ 2 c~-~ , 19 '~'r
'~" ~" ;r F: CE IK
i
STATE OF CALIFOR?JIA ) SS
COUNTI' OF SAN DIEGO )
On this `rte day of /t~f/~2 c/f ,, 19 7d~ , before me,
,~ ~°- • ,,, Di'S c ~ 3~ oni , a iJotary Pw.blic in and for the
said County oz San Diego, State of California, residing therein, duly
commissioned and sworn, personally appeared ~- ^-»>c'.fr' ~a~t ~T
~ p w ~/Z p personally known to me i~o be the person whose
name l~S subscribed to the within instrument and he_ duly acknowledge
to me that he executed the same.
I17 j4ITNESS WIiEREOF, I have hereunto set my hated and affixed my
official seal, at my office in the County of San lyiego, the day and
year in this certificate first above written.
~~~~-!~
Notary Public in and for the
Cou~lty of San Diego, State of
- f`alift~rttlA _ _ ______ ___ _
GRANT OF EASI;M~NT - FOR STREET TREE PURPOSES
FOR A VALUABLE CONSIDEP.ATION, receipt of which is hereby
acknowledged, the undersigned do/does hereby grant to the City of
Chula Vista, in the County of San Diego, State of California, an
easement and right of way 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:
In the City of Chu l a Vista, County of San Diego, State of California,
being a aortion of 80 acre lot i in Quarter Section 125 of Rancho Oe
La Nacion, according to Nap thereof No. 16& filed in.the office of the
County Recorder of San Diego County, Nay 11, 1869, described as
fo 1 { o~NS
Commencing at the Southwest corner of said 80 Acre Lot 1; thence N 71a
15' 30" E a, distancz of 28.00 feet to .the TRUE POINT OF BEGINNING:
thence continuing along the Southerly line of said 80 Acre f_ot 1 N 71`
15' 30" E a distance of 7.50 feet; thence N 1.8~ 36' 08" tN a distance of
10.00 feet; thence S 71° 15'_30" '.N a distance of 7.50 feet; thence S
t~' 36' 08" E a distance of (0.00 feet to .the TRUE POINT OF BEGINNING.
together with the right to enter upon and to pass and repass over and
along said easer:.ent and right of way and to deposit tools, implements
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 wherever necessary for the purposes
above set forth: .
WIITTESS r~~ hand ~./ this ~ T~* day of
CJFF1CC~1. SF At.
_ R4lLT!'"! L RO~E,RiSOPI
k'TARY 'LBLtG - f~IiIMORNI,
S~iN 11. ~ia~ .:U illtfy
A9y Co~imisstarr Exuirey iJOV, ~4, 1419
STATE Or CALIFORNIA ) SS
COU:ZT1' OI' SAN DIEGO )
~1 ~9'~e crf , 19 7~.
On this ( ~ day of ,~,q-~ c~,~ . 19 7~ , before me,
~g- ,~~ ~ ~ 7 ° - ° '-~~ , a ilotary Public in and for the
said County of San Diego, State of California, resading therein, duly
coimnissioned and sworn, personally appeared ~/~-MF~S /10 /3 t~~7
~ o w iti? ~ , personally known to me to be the person whose
name (S subscribed to the within instrument and he_ duly acknowledge
to me that lie executed the same.
I17j~'ITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in the County of San Diego, the day and
year in this certificate first above written.
~~ ~L~~,~. ~.
Notary Public in and for the
County of San Diego, State of
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5Tr~~`F" ~~DtLA71O~~ AND -TREE PL,4NTlNL~
~}~S~M~.NTS CTENT t'A~L~L M/~P 78-2 )