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HomeMy WebLinkAboutReso 1977-8985RESOLUTION NO. $g85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING EASEMENTS TO SAN DIEGO GAS & ELECTRIC COMPANY FOR UNDERGROUND AND OVERHEAD FACILITIES WITHIN LOTS 154, 155 AND 156 OF BONITA RIDGE ESTATES UNIT 3 SUBDIVISION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on July 26, 1977, the City Council, by Resolution No. 8744, approved the final map for Bonita Ridge Estates Unit No. 3 Subdivision wherein the City accepted the dedication of Lots 140, 154, 155 and 156 for park, recreational, open space, public utilities and other public purposes, and WHEREAS, the Director of Public Works has received a request from San Diego Gas & Electric Company requesting that the City grant to SDG&E easements for underground and overhead facilities within Lots 154, 155 and 156, which easements are required to provide utility service to the residences being constructed within the subdivision, and WHEREAS, although the City accepted a dedication across the aforementioned lots for public utilities, regulations of the Public Utilities Commission, safety of the public and protection of the utilities facilities require that SDG&E obtain separate easements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby grant easements to San Diego Gas & Electric Company for underground and overhead facilities within Lots 154, 155 and 156 of Bonita Ridge Estates Unit 3 Sub- division, copies of which are 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 the documents granting the underground easements and anchorage right-of-way easements to the San Diego Gas & Electric Company on behalf of the City of Chula Vista. Presented by Approved as to form by W. J. RolSens, Director of George Lindberg, City Attor y Public Works ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of- January 197 8 by the following vote, to-wit: AYES Councilmen Hobel , Cox, Hyde , Scott , Egdahl NAYES~ Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ~,~ ~-Q ~: Mayor of the City of ATTEST City CI rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC-660 ~ ;:`;c - 7 ~, ~° _~r~f`~ J~_~`j`7~~~ /~~ few ~~~ PACE ABOVE FOR RECORDER'S USE RIGHT OF WAY CI'PY L?F ~zi~LA VZST~~ a r~+yiR~~"1~~ ~ Cs'~~''"'~i"~~~i?~ hereinafter called "Grantor", for valuable consideration, grant(s) to San Diego Gas & Electric Company, a corporation, hereinafter called "Grantee", an easement and right of way in, upon, over, under and across the lands hereinafter described to excavate for, place, lay, construct, reconstruct, replace, repair, maintain and use at any time and from time to time underground conduits, vaults, manholes, handholes and junction boxes with wires and cables placed therein, and necessary aboveground structures, to- gether with their necessary fixtures and appurtenances, for the transmission and distribution of ELECTRICITY and for all other purposes connected therewith, and also for pipeline(s) for the transmission and distribution of GAS, together with all necessary and proper fixtures and equipment for use in connection therewith, at such locations and elevations, in, upon, over, under and across the hereinafter described easement and right of way as Grantee may now or hereafter deem convenient and necessary at any time and from time to time, to- gether with the right of ingress thereto and egress therefrom 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, materials, buildings or other structures, implements or obstructions, without limiting the generality of the foregoing. The lands in which said easement and right of way is hereby granted are situated in the County of ~~~ ~~~~~ State of California, and are particularly described as follows: I,~t~ 1~9x 1~ a arrc~ 156 €~ ~r~ni.i~ ~~~~ ~~~~~~ t1n~~. Via. 3, ~cenrc3in try ~~~ ~i~~reo~' Ito. 8633,, fi2~d ire ~~~ af~ice of the Cc~ur~ty ~t~c~s~a~~ of ~afd Cn~n~y ~.~ ~a» ai~~~a. ;~~ 3 Tht~ :aid edaemez~t and right Qf way its the afore- said lands is particularly described as follows: X11 that pvrtiar~ of said Lot 15~ lying within the strip of land shown and delineated as "3fl' General i7tility, Sewer and Acceaz~ ~asepent. Dedicateri ~erecan" +~n said Mdp Ada. ~~3~~. ALSf~: That certain strip ~~ land 8.at~ feet in width within said Lot 155, being ~.Otl feet an e~sch side of the fQllow~ing described center lines ~a~nmencing at th+e mv$t easterly cs~rner of said Lot 155. k~eing also an angle ~©int in the i~oundary o£ said Ursnita Ridge ~t~tates Unit P7ca. 3 s thence along said boundary South 4~° 3?' l8" Wiest, 5a.~4 feet= thence leaving sari boundary ~~a~rth 35° 33' S7" Vest, 192.59 feet; thence ~iorth 36° 35' Cl3" East, 135. ~~3 feet to the TRUE POIidT flF BS~II~NIxd of the center line herein described; thence fray said TRt1E F~JI~3T Qk' ~3EGINNI2~G south ~6' 33' S1° hest to the ~1e3terly line of said Lcat 155, being a distance ref ~'0 feet, ~e~re or less. ALS~J. That certain strip t~f land within sai+3 Lvt 155, ~aeing ~. pt~ feet in width, .lying adjacent tra, cc+ntiguous wit3a and northwesterly of the following described lame: Heginniny at a paint nn the boundar~r of said Lot 155, dir~tant thereon South 49° 3'~' 18" ~e*~t, 32«ZfJ feet frora~ the moat masterly corner of said Lot 15.5; thence al©ng said boundary SQUth 49° 37' l8" ~!est, Il.$4 feet tt9 the :post southerly corner of said Lot 155. RL~i~i: That certain strip of land within said Lot 15~, tieing 4.4U feet in width, lyin~i ad;recent to, contiguous with and Southgastsrly of the following described Sines Cs~~;~encing at the €~ast t~artherly corner of said Lc~t 155; th+~noe Soutnwesterl.y along the boundary thereflf, being along the arc of a 1fi5.50 fat:-t radius curve, a distance of 26«E?0 feet ts~ the TROE FUg~fs aF SSGI:i?dINU of tha line herein d~'SCribedy t~'iC~'1cE'» jErt~~:t $aid Tt~UE PQIiVx t~t+' r~3~r~.rTtUs''IIc~{s Ct3ntinuiz~g Southwesterly along said. bQtzndary 15.QC feet, .»,_ gars for shall not erect or c on a true t, or pex~rsi t to be erected or constructed, any b~iilding or ether s true tk.~re, plant any tree: or drib. any well within the limits of eels easement and right-of-way, witho-.xt prior written corssent of Grantee. Grantor, however, reserves the right to develop said I.arsds for park, recreational, and open space use by the public, provided said use does not. unreasc~nr~biy inter~'ere with Grantee's use and enjoyment off' said easement a.nd right-of-way. Grantor shell not increase or deerea.se the ground surface elevations within this es~sement and right-of-way, without prior written consent of Grantee. Grantor shall clear and keep clear said easement and right-of~-way from exp~.os~.ve~e,, ma.teria~.s, bu~,l.di.ngs, err ©ther structures, i~aplements gar abstrazc:tions with=aut liaritirag the genera I.ity of tl~e foregoing. Gra.ntet shs.ll he.ve the right to trim and cut trees, ~'c~liage and roots upon and from within this easement and right-Qf--way whenever in Grantee's ,°~udgment the sa~:e shall be necessary ©r proper for the convenient and safe exercise of the rights herein granted, upon written approval t~f Grant+ar. Grentee sha.11 take all reasons.hle steps to keep to a mini~aun the disturbance r~S the area. H4wevlir, when excavations are necessary, Grantee shall wherever possible return the eurfa~ee land to as near a.s passible it$ natural condition« -3- r` ~....~ The terms, covenants, and conditions of this ease- ment and right-of-way shall be binding upon and. inure to the benefit of the heirs, successors, or assigns of the parties. IN WITNESS WHEREOF, the Grantor executed these presents this ~5tr;: __ day of January _, 1978 . ,,Executed in the Presence of: ~~ ~ _ f j /C'ity Clerk Witness (~ Jones B-3o18 3~009,01,03~0~- 1/5/78 X3977-0103 CITY OF CHULA. VISTA, a municipal corporation By V~.J~ ~4ayor By -~+- MUNICIPAL CORPORATION FORM Dated this 25th day of January, 1978 CITY OF CHULA VISTA By Mayor (~ - - >1 ` ~ ~,..,..~~_ _ ~ City Clerk ~; STATE OF CALIFORNIA ) ss. County of San Diego ) On January 25 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared 6Vi11 T. Hyde known to me to be the Mayor of the City of Chula Vista, California, and known to me. to be the person who executed the within instrument on behalf of said City of Chula Vista, California, and acknowledged to me that such City of Chula Vista, California, executed the same. LVITNESS my hand and official seal. / ;/-1 ~1 , ~; / / i~ ~^ Signature ~~ .~ ~~ (~ -,~/ ~~~~.-~.G-~ i Jane A. Diedrichs 11~;' OFF[CIAL SEAL ~ ~~ '~`~j?,%, ~ . JANE A. DIEDRICHS ~~~``', / °~•~- ^ NOTARY PU6UC -CALIFORNIA 'i M,,y~ SAN CIEGO COUNTY 1 __ My come. ~x.~irrs ...J 1980 276 fourth Ave., Cf~ula b'i;ra, Cr'~ 4'.J 10 (seal) . •r TRANSFER TAX NONE SAN DIEGO GAS 8 ELECTRIC COMPANY FORM 130-35 -O ANCHORAGE RIGHT OF WAY.-------------------------------------------------=------- S~GNATURE CITY OF CHULA VISTA, a municipal corporation _____________________________________________________________, hereinafter called "Grantor," for valuable consideration, grant(s) to San Diego Gas 8 Electric Company a corporation, its successors and assigns, hereinafter called "Grantee," an easement and right of way upon, over, under and ocross the lands hereinafter described. to erect, construct„~nsiruct, replace, repair, maintain and use, guy poles and/or anchors together with connecting wires, at such locations and elevations upon, along, under and over the hereinafter described ease- ment and right of woy as Grantee may now or hereafter deem convenient and necessary at any time and from time to time to support that certain electric pole line of Grantee located upon or adjacent to said lands, together with the right of ingress thereto and egress therefrom, to and along said eosement and right of way over and across the Grantor's land situated in the County of____Sdn DleC~O ---------- State of California, and more particularly described as follows. Lots 155 of Bonita Ridge Estates ilnit No. 3, according to Map thereof No. 8633, filed in the office of the County Recorder of said County of San Diego. The sold easement and right of way in the aforesaid lands shall be___ 4 • O O feet in width, being__~ ~ O O {eet measured at right angles, on each side of the following described center line: Beginning at a point on the Southeasterly line of said Lot 155, distant thereon South 49° 37' 18" West, 32.20 feet from the most Easterly corner of said Lot; thence from said POINT OF BEGINNING North 30° 15' 42" West, 24.00 feet. In Witness Whereof, the Grantor__________________________.executed this instrument ihis_25th_.doy of__`Janllary ~~ --------------~ 19----' ec ted in the Presence of: CITY OF CHULA VISTA, _ ~ ., ---a--muni_~L??1---~Q_~'poX~-~1p-~-------------- iCi~y Clerk w ess. n ~~ v ,, ---BY,~'sl~-,~ ,(J--~~ ~----- ------- ----- - - --------------------- - -----------------------------------------------------------------•---- :Tay o r Witness. Jones DRAWN------------- - --------- CHECKED---- ~n_,~-. ----~: _-=-`==------- DATE_________ _____12~5.~ Z 7 MOPAC NO. _____38009-0f (Corp. Seal) SIGNATURES MUST BE NOTARIZED NOTARIES- USE PROPER FORM ON BACK n MUNICIPAL CORPORATION FORM Dated this 25th ' City Clerk ~~ day of January, 1978 CITY OF CHULA VISTA By ;(~C.iC Mayor STATE OF CALIFORNIA ) ss. County of San Diego ) On January 25 , 1978 xac~~~C~, before me, the undersigned, a Notary Public in and for said State, personally appeared lti`ill T ijyde known to me to be the Mayor of the City of Chula Vista, California, and known to me to be the person who executed the within instrument on behalf of said City of Chula Vista, California, and acknowledged to me that such City of Chula Vista, California, executed the same. 1VITNESS my hand and official seal. %~ ~ _ ,_ /' ~~ Signature lam. -Gt=Li,F ~ ~ ~ . ~.(~l-Z t-l~~~f ~z. Jane A. Diedrichs ~/. UFFIi;IAL SE j' ~ JAN"c A. 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