HomeMy WebLinkAboutReso 1989-13988 650
RESOLUTION NO. 13988
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM
SEARS, ROEBUCK AND CO. FOR TRAFFIC CONTROL FOR
THE EASTERN HALF OF THE DRIVEWAY AND THE EASTERN
CORNER OF THE CHULA VISTA SHOPPING CENTER ENTRANCE
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain grant of easement
for traffic control purposes at the Chula Vista Shopping Center
executed by Sears, Roebuck and Co.
dated the 20th day of February , 1989 , a
copy of which is attached hereto and by this reference made a
part hereof as though fully set forth herein, be and the same is
hereby accepted by the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
record said easement in the office of the San Diego County
Recorder.
Presented by Approved as to form by
ic Works
0362a
Form 320
Rev. 2-86
89 l 8562
~b Visu, C.!~o~ M
.... NO
651
AOOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHL_ .4 VISTA, CALIFORNIA, this 7rh dey of Ma:ch
19 ~9 , by the followin~ vote,
AYES: Councilmembers McCandliss, Nader, Cox, Moore
N~YES: Council members None
ABSTAIN: Councilmembers ~one
ABSENT: Counci 1 members ~alcolm
e C~y of Chu)o Visfe
~TTEST _ , ~ _-
ST/, OF CALIFORNIA )
3OUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
)O HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13988 ,ond fhot the some hos not been omendedor repeoled.
ATED March 9, 1989
C-660
R-16'fB~
2 GRANT OF EASEMENT FOR TRAFFIC CONTROL PURPOSES
5 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
6 Sears, Roebuck and Co., a New York Corporation ("Grantor") hereby grants to the City
7 of Chula Vista, California ("Grantee"), a non-exclusive easement and right of way for,
8 and the right to construct, replace, operate, remove, maintain, or modify certain
9 traffic control facilities in, upon, over, and across that certain real property
10 ("Easement Premises") situated in the City of Chula Vista, County of San Diego, State of
11 California, as depicted on Exhibit A attached hereto and as more particularly described
12 as follows:
14 Beginning at the Center of Quarter Section 148, of Parcel Map 15116, as filed in
15 the office of the County Recorder of said County on January 26, 1988 in Book of Parcel
16 Maps, page 15116; thence South 19006'45'' East a distance of 40 feet to TRUE POINT OF
17 BEGINNING; thence North 70059'32'' East a distance of 120 feet; thence South
18 19°06'45'' East a distance of 8 feet; thence South 70059'32'' West a distance of 57 feet;
19 thence South 37°16'12'' West a distance of 21.62 feet; thence South 19°06'45'' East a
20 distance of 60 feet; then South South 70~59'32'' West a distance of 45 feet; thence
21 North 19~06'45'' West a distance of 80 feet to the TRUE POINT OF BEGINNING.
23 Together with the right to enter upon and to pass and repass over and along said
24 Easement Premises and right of way in a reasonable manner and to deposit tools,
25 implements and other materials thereon by Grantee, its officers, agents, employees and
26 by any contractor, his agents and employees engaged by Grantee, as may be necesary
27 for the purposes above set forth. The parties acknowledge that the repair and
28 maintenance of the traffic control facilities shall be the sole responsibility of Grantee.
30 Grantee shall send written notice to Grantor of Grantee's intention to utilize the
31 Easement Premises at least ten (10) days prior to Grantees entry onto the Easement
32 Premises, which notice shall describe the nature and duration of the intended work and
33 the dates, times and means of ingress and egres that Grantee shall utilize the
34 Easement Premises. Except in cases of bona fide emergencies, Grantee shall not
35 undertake any work in the Easement Premises that will or may occasion the temporary
36 closure of traffic lanes during the period beginning November 1 and ending February 1
37 or the period beginning forty-five days prior to Easter Sunday in any calendar year. No
38 buildings shall be constructed on and no change in grade level by more than one (1) foot
39 shall be made at the Easement Premises by Grantee.
41 At the conclusion of any work by or for Grantee pursuant to this Grant of
42 Easement, Grantee agrees to restore the Easement Premises to the same conditions as
43 it was immediately preceding such work. All work on the Easement Premises by
44 Grantee shall be completed free of all liens and in accordance with all laws, ordinances,
45 rules and regulations applicable to such work.
47 It is understood and agreed by the parties hereto that Grantee shall indemnify,
48 defend and hold Grantor, its officers, directors, employees, mortgagees, guests and
49 their respective succesors and assigns free and harmless from and against all costs,
50 expenses, liabilities and claims for damage or suits for loss, including costs and
51 attorney's fees, arising from injury or death to any person or damage to property caused
52 by or resulting from the acts or omissions of Grantee, its successors or assigns, arising
53 from the construction, replacement, operation, removal or maintenance of the
54 aforementioned traffic control facilities or in using, operating or traveling over the
55 Easement Premises.
1
2
3 JAP01006 02/17/89 1446
653
58 Any notice or correspondence required To be given to Grantor herein shall be
59 sent by overnight courier or United States registered or certified mail, return receipt
60 requested, postage prepaid, and addressed to:
63 Sears, Roebuck and Co.
64 Sears Tower
65 Chicago, Illinois 60684
66 Attention: National Manager
67 Real Estate Planning Group
68 Department 824 - RE
70 Grantor and Grantee acknowledge that nothing contained in this Grant of
71 Easement shall prohibit Grantee from utilizing the surface of the Easement Premises or
72 granting additional easements thereon or thereunder; provided, however, that such use
73 shall in no event interfere with the exercise by Grantee of the rights herein granted.
77 Dated: ..?-~-~J- ,1989.
80 THE CITY OF CHULA VISTA SEARS, ROEBUCK AND CO., a
81 ~! ~. ~r~ ....... ~ New York corporation
85 "Grant \ ~ RONALD B. RUTH
. ...., :- "~ NATIONAL ]~L&NAGER
~\ ~/ REAL ESTATE P~NNING GROUP
87 STATE OF CALIFORNIA ) ~
88 ) SS.
89 COUNTY OF LOS ANGELES )
95 personally known to me (or prov~ to me on t~b~ of satBfadtory evidence) to be
96 the ~~ , of ~he City of Chula VBta, Calilornia, corporate and
97 politic, tha~ he ~ecu~ the within i~trument on behalf oi the City of Chula VBta,
98 California, ~herein name, and acknowl~g~ to me that such City executed the within
99 i~rument pursuant to its bylaws or a r~olution oi its ~Z~.
102 WITNESS my hand and official seal.
107 / ~~li~~ ' ~ ~
4
5
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654
111 STATE OF Illinois )
112 ) SS.
113 COUNTY OF Cook )
118 On Fohr,,ary 2f}; 1989 , before me, the undersigned, a Notary Public in
119 and for said County and State, personally appeared Ronald B. Ruth
120 p~eareo8 lally ~ ~o me or proved to me on the basis of satisfactory evidence to be the
121 I~oa] 8~-at~ ~nninn C~ro0~ SEARS, ROEBUCK AND CO., a New York corporation,
122 tY~ eo~0~ation that e~ecuted the within i~trument and known to me to be the person
123 who execut~ the within i~trument on behalf of said corporation, and acknowledged to
124 me that such eor~ration executed the within i~trument pursuant to its by-laws or a
125 r~olution of its board of directors.
127 WITNESS my ~nd and official seal.
/
131 '.}-~'.
132 ~ Notary Public L~ ] ] ~an H, 6unnar
My commi ss~ on exp~ res 10/22/91,
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COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 3/7/89
ITEM TITLE: Resolution 13988 Accepting traffic control easement for
the eastern half of the driveway and the eastern corner of the
Chula Vista Shopping Center entrance at Fifth Avenue and "H"
Street
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager (4/5ths Vote: Yes No X
The driveway at the Chul a Vista Shopping Center i s ali gned with the
intersection of Fifth Avenue at "H" Street. This intersection is currently
signalized. The traffic signal at this intersection is in the process of
being modified to add left turn phasing. In order to place and maintain
traffic control standards and loop detectors within these private properties,
the City requires easements be granted by the property owners.
RECOMMENDATION: That the City Council accept this traffic control easement
for the placement of the traffic signal equipment.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Staff will be requesting the City Council to approve a contract for the
modification of the traffic signal at Fifth Avenue and H Street. The project
will enable motorists to make left turns from H Street to Fifth Avenue and
Chula Vista Shopping Center without having to wait for a gap in traffic as
before. This project will require the removal and replacement of the existing
traffic control standard with two new standards, loop detectors and other
associated equipment. The proposed location of the new traffic control
equipment will be within private property. This easement will enable the City
to place and maintain said equipment located on this property which is on and
adjacent to the shopping center driveway.
Staff has received a grant of easement for traffic control purposes (see
attached Exhi bits ) from Sears, Roebuck and Co. The accompanying 1 egal
description have been checked by the Engineering Department and is
acceptable. The grant of easement is now ready for acceptance by the City.
FISCAL IMPACT: None.
Rj: fp/
WPC 4250E
by~ he City Council of
Chu)a Vista, CaHfoFnia
Dated ~-'~- 2- 29'