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HomeMy WebLinkAboutReso 1989-14024ITY OF CHUIA VISTA ITY Cr.RRK'S OEFICE '. O. BOX 1087 ~ula Vista, Ca. 92012 ~ 7 0 (b) RESOLUTION NO. 14024 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INDEMNITY AGREEMENTS BETWEEN EASTLAKE AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Development Agreement between EastLake Development Company and the City of Chula Vista requires EastLake Development Company to widen and improve certain portions of Telegraph Canyon Road under certain conditions, and WHEREAS, by a companion matter, the City has acquired the additional street right of way and drainage easements necessary to accommodate the widening and improvement of Telegraph Canyon Road as required, and WHEREAS, EastLake Development Company is further required to indemnify and hold harmless the City of Chula Vista '=rom liability flowing from its construction of the required _mprovements during the construction process and for one year thereafter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Indemnification Agreements between the City of Chula Vista and EastLake Development Company with regard to the property of the Rancho Del Rey Partnership, Virgil Clapp and Pacific Telephone Company, which are attached hereto, and the Mayor is authorized to execute same.-~ Presented by Approved as to form by 171 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Ck 4 VISTA, CALIFORNIA, this 2a~h day of March 19 69 , by the following vote, to-wit: AYES: Counci]members McCandliss, Nader, Cox, Malcolm, Moore NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None Visto ATTEST ~ C~fy Clerk ST~ OF CAUFORNIA ) COUNTY OF SAN DIE~ ) ss. CITY OF CHULA VISTA ) f, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0.14o24 ,and that the some has not been amended or repealed )ATED. March 30, 1989 ;C-G60 · .. 172 AGREEMENT between THE CITY OF CHULA VISTA and EASTLAKE DEVELOPMENT COMPANY This Agreement is entered into this ~ y of March, 1989 between The CITY OF CHULA VISTA, a municipal corporation ("City"), and EASTLAKE DEVELOPMENT COMPANY, a California general partnership ("EastLake"), with reference to the following facts: WHEREAS, EastLake has purchased certain real property located in the City of Chula Vista, California ("Property") from Rancho Del Rey Partnership, a California general partnership, the title of which shall be vested directly in the City; and WHEREAS, EastLake shall construct certain public improvements on the Property, which improvements shall be dedicated to the City upon the completion thereof; and WHEREAS, the improvements constructed by EastLake on the Property will have a warranty of one year from the date of completion and acceptance by the City ("Warranty Period"), and said Warranty Period has not yet expired; and WHEREAS, the City intends to accept the conveyance of the subject real property prior to the completion of the works of improvement on Telegraph Canyon Road and prior to the expiration of the warranty period for said improvements; NOW, THEREFORE, in consideration of the above facts and for other valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The City hereby agrees to accept conveyance of the Property, as more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein on the terms and conditions set forth below. 2. The City agrees to grant EastLake an encroachment permit and right of entry to perform work on the Property. 3. EastLake agrees to indemnify and hold harmless the City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, including mechanics liens, personal injury or property damage on the Property arising out of or resulting from the acts or omissions of EastLake, its agents or employees related to the construction activities performed pursuant to this Agreement on the 11/3o/88 173 Property. The provisions of this Paragraph 3 shall become effective upon the execution of this Agreement and shall remain in full force and effect until the expiration of the Warranty Period described above for the public improvements to be constructed hereunder. This Paragraph 3 is not intended, nor shall it be construed, to require EastLake or City to indemnify or hold one another harmless for the negligent acts or omissions of the other. IN WITNESS ~HEREOF, this Agreement has been executed by the parties as of the date set forth at the beginning hereof. ATTEST: THE CITY OF CHULAVISTA, a municipa corporation /~ity dl~rk ' Its: ~Ma~or EASTLAKE DEVELOPMENT COMPANY, a California general partnership comprised of corporations By: DANIEL V, INC._~ a California By: DAVID V, INC., a California corporatiop~--'-Gene~ral Partner 2 11/30/88 5/ 174 Exhibit "A" Leqal Description PHASE 2: TELIK~-RA?I~ CANYON RD - EASEMENT / STREET DEDICATION PLAT Those portions of Quarter Section 38 of Rancho De La Macion according to Map thereof No. 166, in the City of Chula Vista, County. of San Die.qo, State of California, said portions more particularly described as follows.. PARCEL 5 Seginnin~ a= the Northwest corner of said Quarter Section 38~ thence along the Norther, ly line of said Quarter Section North 72'04'39r East 785.13 feet to the TRUE POINT OF BEGINNINGX thence continuing along said Northerly line North 72'04'39" East 9.01 feet to the Northerly line of County Road Survey No. 1086-65, Recorded April 18, 1967, as File No. 53304 of Official Records in the O~fice of the Count}, Recorder of said County; thence along ~aid Northerly line South 45"42'34" WeSt 16.29 feet to the Northerly line c~ County Road Survey No. 556, Recorded March 12, 1935 in Book 376 Page 424 ~f Official Records in the Office o~ said County Recorder, ~a~d point lies on the arc of a 970.00 foot radius curve concave N~rthvester/y, to which a raalal line South 33'0!'59" East~ thence Eoutbwesterly along the arc of said curve an~ said Northerly line through a can=tel angle ele09'9~' a d~stance of 19.51 fee=~ ~hence leavin~ sei~ Northerly line North 45'42'34* East 2~.31 feet to the TRO~ POINT OF BEGINNING. P~RCZL ~ ~t ~ ri~t of ~y f~, ~ ~e fi~ ~ ~~, ~, ~~, ~1~, ~, ~ ~e a ~ ~ a~ ~t ~ ~ p~ si~ ~ ~ ~ of ~a V~, ~y of ~ Di~, S~ of ~ifo~a, ~ m~ ~~ly ~~ ~ fo~: Beginning at the Northwest corner of said Quarter Section 38; t~ence along the Northerly line of said Quarter Section North 72~04'39' East 785.13 feet to the TRUE POINT OF BEGINNINGS ~hence leavln~ said Northerly line South 45'42'34' West 36.75 feats thence Nor=h 44c1~'26* West 50.00 feet~ thence North 45'42'34" East 80.00 ~eet= thence South 44t17'26" East 50.00 ~eetx thence aOuth 45e42'34' Wee= 43.2~ feet to ~he TRUE POINT OF BEGINNING. ExceptinS that portion lying within said Quarter Section 37. ~ ~ ~ right ~t ~ fight of ~y ~n ~ ~d Ci~ of ~a Vi~, ~ ~'~ ~~ for ~ ~~s ~ ~ f~. 175 PARCEb C An easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a drain sewer and ap~t structures 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: Beginnin~ at said Northwest corner Of Quarter Section 381 thence alon~ the Westerly line of said Quarter Section South ~8'40'26" Ea~-- 154.E~ feet to the TRUE }OTNT OF BEGINNING; thence leaving said Westerly line North 58°25'51· East 15.58 feet; thence North 73:]I'05" East 35.47 feet; thence North 89e34'01" East 160.97 feet~ thence South 41~02'08" East 14.12 feet to the Northerly line of County Road Survey No. ~086 Recorded December 8, 1961, as Document No. 2]3092 of Official Records in the Office of said County Recorder, said poln= lies on the arc of a 1030.00 foot radius curve, a radial line to said point bears North 41*42'32" West~ thence So~tbwes~er]~ along the arc of said curve and said Northerly line through a central ~ngle of 04e38'14" · distance of 83.36 feetl thence tendon= to said curve South 43~39'14" West i5~.82 fee= to said Westerl~ ]ins of Quarter Section No. 38~ thence along said westerly line North 18~40'26. WeE= 166.84 feet =o the TRUE POINT OF BEGINNING. TO~ WITH the right to enter upon and to pass and repass over are along said ~t and right of way and to deposit tools, implemBnts and other materials thereon by said City of Chula Vista, its officers, agents and enployees and by any ecrutractor, his agents and e~ployees engaged by said City, whenever and wherever necessary for the purposes above set forth. · . .. 176 " V~hen P~MDorded M~[ To: Exhibit "A" The City of Chula V'sta C, ity Ck~rk's Office Post Office Box 1087 Chula V'b-ta, California 92012 EASEMENT FOR STREET AND DRAINAGE PURPOSES RANCHO DEL REY PARTNERSHIP. a California general partnership. hereby grants, conveys and dedicates to the CITY OF CHULA VISTA. a Charter City within the State of California: (i) The r'~hts 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 Parcels 1, 2 and 6 on Exhibit "1" attached hereto and incorporated herein; and (ii) An easement and right-of-way for, and the right to con- struct, maintain, operate. replace, remove or enlarge a drain. sewer and appurtenant structures 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 asf~arcels A. B and R on Exhibit '1" attached hereto and'incorporated herein. to- gether with the dght to enter upon and to pass and re- pass over and along said easement 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 employ- ees engaged by said City. whenever and wherever neces- sary for the purposes above set forth; 177 RESERVING UNTO THE GRANTOR the right to construct street, utility and similar improvements for Paseo Ranchero in the location(s) approved by the CITY OF CHULA VISTA; such utilities include installation of a box culvert storm drain to allow drainage under Paseo Ranchero. The design of all such street and utility improvements must, however. be first approved by the City Engineer of Grantee. FURTHER RESERVING UNTO GRANTOR the right to discharge water into and connect to the drainage facilities located or to be located in the easement described in {ii) .above, subject to usual approvals of the City Engineer. This conveyance is made pursuant to an Agreement to Dedicate Real Prop- erty and Escrow Instructions dated as of Decamber 7. 1988 between Grantor and EastLake Development Company. The Grantor hereby further grants to the CITY OF CHULA VISTA the privilege and right to extend drainage structures and excavation slopes beyond the limits of the herein described right-of-way where required for the construction and mainte- nance of said public street. RESERVING unto Grantor of the above described parcel of land, its 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 therefor is removed by substituting other protec- tion. support and/or drainage facility, providing such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to the 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 manne~and at such locations as said Grantee may deem proper, needful or neces- sary, in the construction, reconstruction, improvement or maintenance of said public street. 3/21/89 -2- 178 The Grantor, for itseft, its successors and assigns, hereby waives any claim or any or all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or mainte- nance of said public street. Dated: , 19__. RANCHO DEL REY PARTNERSHIP, a California general partnership By: McMILLIN COMMUNITIES, INC., a California corporation, formerly known as McMillin Financial, Inc., a General Partner By. Title By. Title By: HOME CAPITAL CORPORATION, a California corporation, a General Partner By Title Title 3/21/89 -3- / 179 ACCEPTANCE: The CITY OF CHULA VISTA hereby accepts the easements conveyed hereby. Dated: ,19_. CITY OF CHULA VISTA By. Greg Cox, Mayor 3/21/89 -4- 180 STATE OF CAUFORNIA COUNTY OF SAN DIEGO On this day of ,19._, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Secretary of McMILLIN COMMUNITIES, INC., the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of RANCHO DEL REY PARTNERSHIP, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. NOTARY PUBLIC :-- 181 STATE OF CAUFORNIA ) )ss. COUNTY OF SAN DIEGO ) On this day of ,19__, before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Secretary of HOME CAPITAL CORPORATION, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of RANCHO DEL REY PARTNERSHIP, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. NOTARY PUBUC EXHIBIT · e .Ip. pOal  Phi · s 2~ TehSraph y 991~ crest bdicmtiou, Slope (RHO DEI, RE3F) PHASE 2x TELEGRAPH CANYON JE) - EASEMENT / STREET DEDICATION PLAT Those portions of Quarter Sections 37, 38 and 41 of Rancho De La Nation according to Nap thereof No. 166, in the City of Chain Vista, County of San Diego, State of Cal iramid, said portions -ore particularly described as follows: PARCEL I 2TRBBT DEDICATION Beginning at the Northwest corner of said Quarter Section 41 as shown on ChaIR Vista Tract leo. 77-09, Nap No, 9125 on file in the Office of the Recorder of said County~ thence along the Westerly line of said Quarter Section South 16040*26° East 450.93 feet to the Northerly line of Telegraph Canyon Road and the TRUE POINT OF BEGINNING I thence North 82034'43" East 25.07 feet~ thence North 81'53'23" East 332.69 feet to the beginning of a non-tangent 1933.00 foot radius curve concave Northwesterly, to which a radial line bears South 07025*17a Eastx thence Northeasterly along the arc of said curve through a central angle of 15035'58° s distance of 526.28 feetJ thence North 66058'45" East 5?8.33 feet to the Northerly line of County Road Survey No. 1086 Recorded December 8, 1961, as Document leo. 213092 of Official Records in the Office of the County Recorder of said County, said point, which is hereEaRlier described as *~oint A", lies on the arc of a 1530,00 foot radius cutve concave Southeasterly, to ~ich a radial line bears North 24'41*08° Westl thence Southwest- erly along the arc 9f said curve and said Northerly line through s central angle of 0S°00*08° a distance of 133,58 feet~ thence South 60018'44· West 463.71 feet to the beginning of a tangent 1470.00 foot radius curve concave NotthvesterlyJ thence South- westerly along the arc of said curve through a central angle of 02'07'56° a distance of 54.71 feet to the Northerly line of county Road Survey No. 1086-65, Recorded April 18, 1967, as file No. 53304 of Official Records in the Office of said County Recorder, said point lies on the arc of a 1970.00 foot radius curve concave Northwesterly, a radial line to said point bears South 21026*39® East! thence Southwesterly along the arc of said cur~e and said tqortherly line through a central angle of 14°03'130a distance of 483.21 feetJ thence tangent to said curve SoUth 82e36'34· West 336.75 feet to said Westerly line of Quarter Section 411 thence along said Westerly line North 18040*26° West 69.79 feet to the TRUE Polar oF SEGX~ING. , .-' ............ ' ..... 183 .... .- RICK ENGINEERING COMPANY f Ills ireeArnS liO&o · Sam DN!IO, C&Lel. estate-lies · eklPeOll · AlIA COlE e:t · tel-O}e~ 1 I""" Xi,~ L'~ouft~e'~: Telelraph ~nyou IMd ~ ~/~ 991K Street bd~catfon, Slaps & ~tfnm;e beemAc 6/2&/88 , PARCEL 2 STREET DBDZCA?Z~ Beginning eL heroinbefore mentioned 'Point Ao~ said poLn~ iles on ~e arc of · 1530.00 foo~ radius curve concave Sou~heastetZy, to vhich a radLe2 line bears North 24'41'08~ West; thence North- easterly arerig the arc o~ said curve and said Northerly line o~ Road Survey No. 1086 through a central angle of 0301g'460 distance of 88.9~ feet ~o the TRUE POINT OF BEGINNZNGI thence leaving said Northerly line North 66*58'45* Best 676.66 feet to the beginn~ng of a tangent 1933.00 foot radius curve concave Uorthves~erly; thence Northeasterly along the arc of said curve through a central ang2e of 11009'20' a distance of 376.36 ~eet to the Northerly line of sold Road Sucvey No. 2086; thence along said Northerly line South 43039'~4a West 82.83 feet to the beginning of a tangent 970.00 foot radius curve concave North- veste~y; thence Southvesterly ,2sag the arc of said curve through · central angle or 04023'28e · d/stance of 74.34 ~ee~ the Northerly line o~ said Road Survey No. 1086-65, enid point lies on the arc o~ a ~470.00 fool radius cu=ve concave Northvest- ally, a radia~ line ~o sei~ point bears North 37034'46' West; thence Southves~erly along the n~c of said cucve arid said Northe~iy line through a central aagie o~ 14'35'20' 374.30 ~eetz thence tangent to sa~d cu=ve South 67000'34· West, 45.81 ~eet to t~e Northe~iy line o~ said Road Su=vey ,o. 1086, said point ~/es on the arc o~ a 970.00 ~oot radius curve concave Northwesterly. to w~lch a radiaZ line beats South 1700~'23 ~hence SouLhvesterly aXerig the arc o~ said curve Northerly line through a central aag~e of 0405~*070 82.~4 ~eetl thence tangent to said curve Sou~h 7~e49'44· West 167.36 feet ~o the *beginning of · tangent 1530.00 tool radLu8 curve concave Sou~heasterZy; thence Southwesterly along the arc of said curve ~hrough a central angle of 09012'060 245.27 ~ee~ to the TRUE ~IN? OF BBGI~ZNG, PARCEL 6 8TREB~ DEDICATION Beginning at ~he Northvest cornet of said Quarter Section 38; thence a~ong the Northerly line o~ said Quarter Section North 72004'39° hat 785,13 ~eet to the TRUE ~I~T Or BEGZHN;NG; thence leaving said Northerly line North 45*42'34' East 520,73 rest to point here/haiLer described as 'Point Lm~ sa~d polar being beginning o~ · tangent 206?.00 root rag/us curve concave South- eastetly~ thence Northeasterly along the arc o~ said curve through a central angle o~ 02'15'00' a alLstance of 81.X7 feet; '~hence along 8 non-~angent line North 48°01'19, East 59.64 ~ee~ to the Northerly line o~ said Road Survey 1086-65J thence along said Northerly line Sou~h 45*42*34' West 643.40 feet ~o said Northerly line o~ Quarter Section 38; ~bence alefig said Nocthe~Zy line Sou~b 72004*39· West 9.01 feet Lo She TRUE POINT Or - -,,,,-. _- ,'_,- t · ~ i,-t 9/22/88 -eLlpNOll · &lEA CDDI lIB · lit ,IK Screec DedfcaCZ~. SlOe i ~a~nale heenuC J~ ~ _ i6/2~/~ P~CEL A D~INAGE BASEKENT ~9inning at the Sorthwes~ corner o[ said Ousr~er Section thence slang the Northerly line of slid Ouarter Section North 72e04~39' Zlst 785.13 fee~ ~o the TRUE ~INT OF B~I~IRGI thence leaving said Northerly line Sou~h 45e42'34· West 3~.75 feats thence North 44e17'26· Wes~ 50.00 fee~l thence North Iss~ 80.00 Beets thence Sou~b 44'17'26' tes~ 50.00 feetl thence 8outh 45e42~34· Wes~ 43.25 fee~ ~o ~he TRUE POINT O~ BEGINNING. Zzcepting ~hat ~rtion lying within said ~uar~er Section PARCEL B D~INAGE Beginning at the NorLhwes~ corner o~ said Quarter Section 4~ thence e~ong ~he Westerly line of said QueErer Section Sou~h 18040'26° Ees~ 320.60 ~eet ~o the TRUE ~INT Or BEGI~I~ thence North 82*40'06' Best 13.28 fee~ thence North 88018'24' 79.52 fee~ ~hence North 79052'06· Eas~ 142.69 Zee~z thence North ~6'00'~9' Eas~ 153.45 fee~z ~hence North 79027'19· Zss~ Zee~; thence North 74°48'51· Zes~ 231.04 fee~; thence North 67033'37' Ees~ 108.67 ~ee~ ~heace North 64059'36° Zas~ ~60.35 Zee~; ~hence North 6703~'12· hs~ 50~.46 fee~; ~hence North 67012'22' Eas~ 327.03 feetJ thence North 56°44'13° Zes~ 93.56 fee~; thence North 77e02'50a Eas~ 99.46 fee~; ~hence North 6V*Xl'Z2' Zes~ 238.00 ~ee~ ~o the beginning of a ~angen~ 360.00 foo~ radius curve concave Northwesterly; ~hence ~or~heas~erly along ~he arc of said curve ~hrough · central angle o~ 22*42'22° · distance of 142.67 fee~; ~hence ~angen~ to said curve North 44030'00· Zas~ 87.41 ~ee~; thence North 53'55'0~0 Ees~ 57.18 fee~z ~he~ce ~r~h 58025'S1' Zas~ 69.63 ~ee~ to ~he Easterly line o~ said Quarter Section 41; ~hence along said Easterly line Sou~ 18'40'26' East 166.~4 ~ee~ ~o the Northerly line oZ said Road Survey No. 1086~ thence along said Northerly line South 43o39'14· Wes~ 58.88 ~eet to · poin~ on the arc of a 1933.00 foo~ radius curve concave Northwesterly, to which a rs~ial line ~ars 34010*35° EastJ thence Southwesterly along the arc o~ said curve through · central angle of ll*09'20'a distance o~ 376.36 fee~ thence South 66058*45· Wes~ 676.66 fee~ to ~he Northerly line o~ said Road Survey No. 1006, said poin~ lies on the arc of 00 ~oo~ ra us curve concave Southeasterly, to which 1530. di radial line bears North 22021'22· Wes~ thence slang said Norther- ly line Southwesterly along the arc of said curve through central afigle o~ 03'19'46' a distance o~ 88.9~ ~ee~l thence leaving said Northerly line Sou~h 66058*45° Wes~ 578.33 ~ee~ to the beginni~g of a ~angeA~ 1933.00 foo~ radius curve concave NorLhves~e~y~ ~hence Southwesterly along ~he arc of said curve ~hrough · central angle o~ 15035'58' a distance of 526.28 ~ee~ thence teagent to said curve South 81053'23' Wes~ 332.69 fee~ thence Sou~h 82034'43. West 25.07 ~ee~ to said Westerly line of Quarter Section 42; thence along said Westerly line North 18040*26° Wes~ 138.33 ~ee~ ~o the ~RUE POINT OF B~INN~NG. !- ':' ' RICK [NQIN[[RINQ 9910C Stree~ ~dicacion, S~ope & Drainage hsemn~' ~ /2&/88 PARCEL kginaing e~ hereinbefore mentioned Poin~ eL°/ thence Sou~h 45042'34· West 9,50 Zee~ ~o ~e TRUE POINT OF BEGINNING; thence continuing Sou~h 45042'34· wes~ S7,00 Zee~; ~hence North 44*~?'26· Wes~ 60,00 fee~ thence North 45042'34° Zas~ 57,00 fee~J thence Sou~h 44017'26· B~INNI~, L,S, 4324 ·* * 186 Exhibit "A" Legal Description PHASE 21 TELEGRAPH CANYON RD - EASEMENT / STREET DEDICATION PLAT That poxtion of Parcel 1 in the City of Chula Vista, County of San ~iego, State oF California, according to Parcel Map No, 4148 filed in the OZfice of the County Recorder of said County and described as follows: PARCEL 2 DRAIKAdZ EASEMENT An easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a drain sewer and appurtenant structures in, upon, over ara 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: Beginning at the Southwest corner of said Parcel 1I said point being on the Northerly line of Cour. ty Road Survey No. 1086-65, Recorded April 18, 196~, as File No. 53304 of O~ficial Records in the Office of sai~ County RecorderX thence along sale Northerly l~ne North 42'02'14'~ East 133.01 feet to the TRUE POINT OF BEGINNIN~.~ ~hence leaving said Northerl~ line North 47651'46· West 30.00 feet; thence North 42~08'14" East 15.00 feet~ thence S~..,:h 47'51'46" Eaet .~C.00 feet! thence South 42~08'14· West iS.0O fee~ to the TRUE ~ WITH the right to enter upon and to pass and repass over ard along said easenent and right of way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents ard employees and by any contractor, b~-~ agents and employees engaged by said City, whenever and whexever necessary for the l~wposes above set fo.-~h.