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HomeMy WebLinkAboutReso 1989-14038 14-- I06 6'9 Z I ,5Z7 RESOLUTION NO. 14038 RmSOLU~XO~ OF ~Hm CX~Y COUMCXL OF ~HS CXmY CHULA VISTA ACCEPTING GRANT OF EASEMENT FROM~ ACROSS THE CHULA VISTA SHOPPING CENTER 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 drainage purposes across the Chula Vista Shoppinq Center executed by Homart Development Co. dated the llth day of July , 1988 , 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 0362a Form 320 Rev. 2-86 107 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CF, .A VISTA, CALIFORNIA, this llth do,/Of April 19 89 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Nader, Cox, Malcolm, Moore NAYES: Counci 1 members None ABSTAIN: Cound ] members None None ABSENT: Counci lmembers the City of Vista ATTEST ---~f/Y--~' ~,2 City ' Cl~rk S1 . OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, 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above and foregoing is o full, true and correct copy of RESOLUTION N0. 14038 ,and that the eome has not been amended or repealed DATED/' , ,, ,, , / Cify 'Clerk/ ' y CC-660 ~ CITY OF CHUIA VISTA 2'/6 Fourth Avenua Chula Vista, CA 92010 Attention: Mr. Steve Thomas LL .... ..~.,7.1,,Y 'i'i...~.~.'l.. '~.'.X ~ ........~ .. Engineering Dept. GRANT OF EASEMENT FORDRAINAGE PURPOSES FOR VAIIRBLE OONSIDERATION, receipt of which is hereby acknowledged, Hamart Development Co., a Delaware corporation ("Grantor") hereby grants to the City of Chula Vista, California ("Grantee") 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 and across that certain real property situated in the City of (hula Vista, County of San Diego, State of California, more particularly described in Exhibits A and B attached hereto, ~ogether with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and employees and by any contractor, his agents and employees engaged by Grantee, whenever and wherever necessary for the purposes above set forth; provided, however, that Grantee shall notify Grantor prior to performing any repair or restoration work on the facilities described herein, except in the case of periodic maintenance or an emergency situation threatening imminent danger to persons or damage to property. Grantor and Grantee acknowledge that Grantor retains the right to use the surface of the property encumbered by the above easement; provided, however, that such use by Grantor shall not interfere with the exercise by Grantee of the rights granted herein. Grantee agrees to indemnify, protect, defend and hold Grantor, its officers, employees and agents, harmless frc~ and against all claims, actions, losses, damages, costs, expenses and liabilities arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the easement areas or adjoining property owned by Grantor arising from the negligence or willful misconduct of Grantee, its agents or employees. Executed this ~ ~ day of ~ut~ , 1988. a 109 STATe. OV r i i, ~C ' ~ ) ) ss. COUNTY OF COO ~ ) On July [~4h, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared ~<.{\~d ~. ~Co c~ and ~'zc~o~ ~.~t~(( , personally known to me or proved to me on~th~ basis of ' satisfactory evidence to be the persons who executed the within instrument as the ~(.~c~%l~ ~'C~ ~(~5~(~ and -~,c( V,~ ~[eS.de~ respectively, of Homart Development Co., a Delaware Corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public~ · 1 .! 0 EMIHIBIT "A" Legal Description Drainage Easement Parcel 2 P.M. That portion of Parcel 2, Parcel Map No. ~lIC~ in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map thereof No.~Y~tC filed in the office of the County Recorder of San Diego County on !-Z&-- ~ , included within a strip of land 10 feet wide, lying 5 feet measured at right angles to each side of the following described centerline: Beginning at the Northeast corner of Parcel 1 of said Parcel Map No. ]~'1]~ said point being the Point of Intersection of the South line of "H" Street and the West line of First Street, renamed Fifth Avenue; thence South 19°06'45'' East along said Westerly line of Fifth Avenue 218.58 feet; thence South 70°53'26'' West 868.29 feet to the Westerly line of Parcel 1, said point being the TRLZ POINT OF BEGINNING of the herein described line; thence continuing South 70o53'26'' West 286.98 feet to a point on the arc of a tangent 90 foot radius curve, concave Northerly; thence Westerly along the arc of said curve through a central angle of 67°26'59", a distance of 105.95 feet to a point on the Westerly line of Parcel 2, said line also being the Easterly line of Broadway, said point being the terminus of the herein described line. ~ne sidelines shall be lengthened or shortened so as to terminate in said Westerly line of Parcel 2. #6 159 12/14/87 M.A.T. EXHIBIT "B" Legal Description Drainage Easement Fifth Avenue That portion of Fifth Avenue as vacated by the City of Chula Vista per Resolution #13014 filed in the office of the County Recorder, San Diego County on April 30, 1987 as File/Page No. 87-237567 adjoining Lots 5, 6, 7 and 8 on the East and Lots 9, 10, 11 and 12 on the West all in Quarter Section 148 of Chula Vista in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County, March 13, 1888, included within a strip of land 10 feet wide, lying 5 feet measured at right angles to each side of the following described centerline: Beginning at the Northeast corner of Lot 5 per Map No. 505 also being the Northeast corner of Parcel 1 of P.M. 15116 filed in the office of the County Recorder of San Diego County on January 26, 1988 and also being the intersection of the South line of "H" Street and the West line of Fifth Avenue; thence South 19°06'45'' East along the West line of Fifth Avenue 218.58 feet to the TRUE POINT OF BEGINNING: thence leaving said Westerly line of Fifth Avenue North 70°53'26'' East 80.00 feet to a point on the East line of Fifth Avenue, said point being distant thereon South 19°06'45'' West 218.47 feet from the intersection of the east line of Fifth Avenue with the South line of "H" Street. The sideline shall be lengthened or shortened so as to terminate in the East line of Fifth Avenue. #6159- 2/19/88 M.A.T.