HomeMy WebLinkAboutReso 1977-8683Form No. 320
Rev. 1-72
RESOLUTION NOS 8683
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING GRANT OF EASEMENT FROM THE SAN DIEGO UNIFIED
PORT DISTRICT
FOR STREET PURPOSES FOR TIDELANDS AVENUE BETWEEN "F"
STREET AND "G" STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain grant of
easement for street ur oses for Tidelands Avenue
executed by San Die o Unified Port District
dated the ;~~ s day of ,J'u,r~~ , 1 ~, a copy o w ich
is attached hereto and by this reference made a part hereof, the same
as though fully set forth herein be, and the same is hereby accepted
by the City of Chula Vista for street purposes for Tidelands Avenue
between "F" Street and "G" Street.
BE
Chula Vista
the document
Presented by
IT FURTHER RESOLVED that the City Clerk of the City of
be, and she is hereby authorized and directed to record
in the office of the San Diego County Recorder.
9 ~~~
W. J. Robens, Director of Publi
Works
Approved as to form by
~~ ~ ~ -' /
c Georg D. Lin berg, Caty At ney
ADOPTED AND APPRGVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 21st day of June , 1977 ~
by the following vote, to-wit:
AYES: Councilmen Cox, Hyde, Scott, E~dahl Hobel
NAPES: Councilmen None
ABSENT: Councilmen None
_p Mayor o~ tie City o Ch la Vista
ATTES T C( ~ -„'-,ems
e uty City Clerk
STATE-OF CALIFORNIA )
COUNTY OF SAN DIEGO j ss.
CITY OF CHULA VISTA
1, City Clerk of the C%ty of Chula
Vista, California, DO HEREBY CERTIFY that the above is a full, true
and correct copy of Resolution No. and that the same has not
been amended or repealed. DATED
City Clerk
EA5Eb1ENT
$AN DIEGO UNIFIED PORT DISTRICT, a public corporation,
hereinafter called "Grantor," for valuable consideration,
receipt of which is hereby acknowledged, hereby grants to the
CITY OF CHULA VISTA, a municipal corporation, its successors
-_and assigns, hereinafter called "Grantee," an easement for
street purposes. Said easement rights shall commence on
August 22, 1977 and will terminate on August 31, 1982, unless
sooner terminated as herein provided, and shall be for the
purpose of construction, operation, maintenance, repair,
replacing, inspection, and removal of a street upon, over and
across that portior_ of Grantor's land situated in-the County of
San Diego, State of California, and more particularly described
as follows:
Aparoximately 20,360 square feet of
ti~eland area located in the City of
Chula Vista, California, more particu-
larly described in the Legal Description
and delineated on Drawing No. 1889-B,
attached hereto marked Exhibits "A" and
"B" and by this reference made a part
hereof.
1. Grantee shall have ingress and egress to and along
the land described above via practical routes across the
adjacent land of Grantor, said routes to be determined by
Grantor from time to time.
2. In the event Grantee disturbs the surface of the
easement area during the installation, construction, main-
tenance, repair and/or removal of its street, Grantee
shall do so in such a manner as twill cause the least injury
to the surface of the ground and any improvements thereon.
..Grantee shall restore the ground and any improvements thereon
to substantially the same conditions as existed immediately
prior to any such disturbance.
3. Grantor expressly reserves the right to grant ease-
ments in, upon, over and across the easement granted herein
for any purpose whatever not inconsistent or incompatible with
the rights and privileges granted by said easement. Nothing
]lerein contained shall be construed as limiting the powers of
Grantor to convey or otheriaise transfer or encumber during the
term of this easement the lands described herein for any purposes
subject to `he rights and privileges granted herein. The ease-
ment granted herein shall be subject to all existing rights of
leases and encumbrances, recorded and unrecorded, affecting
said land.
4. This easement ma}' be terminated by either party upon
the giving of one hundred eighty (130) days notice in writing
to the other party of the intention to so terminate, and Grantor
expressly reserves the right to cancel this easement by giving
one hundred eighty (150) days notice in writing to Grantee and
to make without notice any changes or improvements on or about
the premises without incurring any liability whatsoever to Grantee
for any damage or loss occasioned by such cancellation or by
the making of such changes or improvements.
-2-
5. No construction or major repairs of the street
shall commence without prior approval of the plans and specifi-
cations by Grantor, except for necessary emergency repairs. In
the case of emergency repairs, Grantee will give Grantor written
notification within IO days from the commencement of the emergency
repair and will obtain Grantor's approval within 90 days from the
commencement of t}ie emergency repair. The street installed pur-
suant to this agreement shall be constructed and maintained in a
careful and workmanlike manner and shall conform to all applicable
• ~
laws and regulations.
6, Paving, installations, or improvements of any kind
previously placed or hereafter placed in the easement area by
Grantee shall at the option of Grantor be removed by Grantee
within .sixty (60) days after the expiration of the term of this
easement or sooner termination thereof. Grantor may exercise
S
said options as to any or all of the Paving, installations,
and/or improvements either before or after the expiration or
sooner termination of the easement. If Grantor exercises such
option and the Grantee fails to remove such paving, installa-
tioris or improvements within said sixty (60) days, the Grantor
-shall have the right to have such paving, installations or
improvements removed at the expense of Grantee. As to any or all
paving, installations or improvements that Grantor does not
exercise said option for removal, title thereto shall vest in the
Grantor.
7. Grantee shall at alI times indemnify and save harmless
Grantor against and pay in full any end all Loss, damage, or
expense that Grantor may sustain, incur, or become liable for,
resulting in any manner from the construction, maintenance, state
of repair or presence of Grantee's street and all improvements
and equipmerat. used in connection thcre~aith, including any such
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loss, damage, or expense arising out of (a) loss of or damage to
property, and (b) injury to or death of persons, excepting any
loss, damage, or expense .and claims for loss, damage, or expense
resulting in any manner from the negligent act or acts of the
Grantor, its contractors, officers, agents, or employees.
8. In the event said easement is no longer rec{uired or if
said easement is not used for the purposes intended for a period
of onefiundred eighty (180) days, whichever is sooner, all rights
~.
herein granted shall revert to Grantor, its successors or assigns, ~I
automatically and without the necessity of reentry or notice.
Grantee shall furnish Grantor on demand a good and sufficient
Quitclaim Deed of all its rights, title and interest in the above
described real property.
9. The terms, covenants and conditions of this easement
shall be binding upon and inure to the benefit of all heirs,
executors, administrators, permittees, licensees, agents,
assigns or successors of any kind of both Grantor and Grantee.
~'~
DATED:_ ~~ ~ 197.
APPROVED
As to form and Legality.
JOSEPH D. PATELLO
As to Engineering and
Legal Description.
J.E. LIEEDiANN
Chief Engineer
SAN DIEGO UI~'IFIED PORT DISTRICT
By
ort Director
CITY OF CHULA VISTA
By ~S ~/ T ~,c%c.,
Titl
_r~_
J
Carrmencing at the point of intersection of the center line of "G" Street in the City
of Chula Vista as said "G" Street was established as and for a public street by the
City Council of the City of Chula Vista by kesolution "I o. 4205 (S. D. U.P. D. Document
No. 2249) with the Ordinary High Water Mark of the Bay of San Diego as said Ordinary
Nigh Water Ma rk is delineated on map entitled "Map of the Lands Transferred to the
San Diego Unified Port District Pursuant to Chapter 67, Statutes of 1962, 1st E. S.,
Vicinity of San Diego Bay, San Diego County, California," filed in the Office of
the San Diego County Recorder May 28, 1976, as Miscellaneous Map Plo. 564, File No.
76-164686, said point of intersection lying south 58° 28' 24" east a distance of
78.65 feet from D' Hemecourt Station .d o. 107 on said Ordinary High Water Nark;
thence south 72° 12' 00" west along said center line of "G" Street a distance of
329.10 feet; thence leaving said center line of "G" Street at right angles north
17° 48' 00" west a distance of 31.00 feet to the TRUE POINT OF BEGIfJNING; thence
south 72° 12' 00" west a distance of 50.04. feet; thence north 15° 37' 00" west a
distance of 179.82 feet to the beginning of a tangent curve concave to the southwest '
having a radius of 175.00 feet the center of which-bears south 74° 23' 00" west;
thence northwesterly along the arc of said 175,00 foot radius curve through a central
angle of 36° 04' 00" an arc distance of 110. i6 feet to a point which bears north
38° 19' 00" east from the center of said 175.00 foot radius curve; thence tangent
to said 175.00 foot radius curve north 51° 41` 00" west a distance of 108.47 feet to
the beginning of a tangent curve concave to the northeast having a radius of 225.00
feet the center of which bears north 38° 19' 00" east; thence northv~esterTy along
the arc of said 225.00 foot radius curve through a central angle of 4° 58' 39" an
arc distance of 19.55 feet to a point which bears south 43° 17' 39" west from the
center of said 225.00 foot radius curve, said point also being a point of inter-
section with the above described Ordinary High Idater Mark; thence along said
Ordinary High l'?a ter Mark north 84° 47' S6" east a distance of 71.38 feet; thence
leaving said Ordinary High Water Mark south 51° 41' 00" east a distance of 76.23
feet to the beginning of a tangent curve concave to the southwest having a radius
of 225.00 feet the center of which bears south 38° 19' 00" west; thence southeasterly
along the arc of said 225.00 foot radius curve through a central angle of 36° 04' 00"
an arc distance of 141.63 feet to a point which bears north 74° 23' 00" east from
the center of said 225.00 foot radius curve; thence tangent to said 225.00 foot radius
curve south l5° 37' 00" east a distance of 177.91 feet to the TRUE POI~1T OF SEGI1•INING,
containing 20,360 s~~uare feet or 0.467 acres of tideland area.
The above described area is that delineated on drawing Pdo. 1889-B, dated 20 April
1977 and incorporated in this agreement.
:VISE D:
:AwN PD3/iQ
IEC KED ~''\h dsI-r t~'
SAt~i DIEGC! ~II`f!F(ED PO€~T DlSTI~ICT
TI DELI`i"1D EASEI~~NT
idithin Corpor°at~ Limits of Chula Vista
DATA 20 Apr. 1977
SCALE Y
REF.
'P R(iVED
CH: tF ENG".kEER
CITY 0~ CfiULA VISTA
DRAWING IJ U.
1889-B
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~ 339,69, / ~'~~
~ ~ NSG°47'SC~"E
~=4°58':9" X50 41
' / 71.38'
1Z= 225.00 551°41'00"E
~
T= 9.78' 7.23'
_
L = 19.55' 117 9p, 105
N5i°41'00"W
a
108.47 MEA/V H/Gh' TIDP LINE ~
~- ~M/SC. M/-1 ° /~~o. 5~4~
G =3~°04'00" ~~~~
R = t 75.00'
T = 56.97' ~
Cz = 225.00'
O j/ T = 73.25'
~~j ..E-l.= 141.03'
C~~ !O~
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5 74° 2 3'00" VJ ~~.
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N~ o~ 1
20, 3(oC~ SQ. FT. Z ~ ~~ I
S 58°28'24"E
S72°12'00"W' N .7°48'00"W I 107 ~78.1oS'
50.04' 31.00' ~/
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- - -~ - - - - ~ - S 7 2 ° 1 2' 0 0"Vv' --- t-~ 2 -10 ---I- - --- - - --
m~ SPORT L/ST. DOC. N~~. 2249) t ~ 1 ---___
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JPON~' COR P `' t
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NOTES ~ ~ ~~ CORP.
~ ~~
. E.ASFN'Er~~T ARcA Sf:~O'~i/'v' S/~%a/CEO. ~ ~ I Q~V
2. 3Er~R/~1'vS A~O~D DISTA~~CES ~+RC
6,=ySc.'-~ Dr~d T:ic= C:-iL/FG:~,/v';A /~ v"~ I f~`~
CGORD//YATE SYSTEM, .?Oti~C C • W `-
~ I
REVISED: C' p T _
L`R AYI fY ~.`_L_-'___\, 1. -,~if~ SAN DIEGO UP`IFEIrD PORT ~EST{511..1 U.4TE 2T kti-l _9(i
Ar1C i:ECHT t SCALE _.~ iCJ (_
c>-tcctce_o____-._.__ TIDELAND EASEMENT -
REVtEl4'Ep ~'4-_..a n>`.~ REF._=7__r~1.Y~'.V_''=L-"-....~~I-
- V~lITHIN COkPORAIE L1~11TS OF CNULA VISTA C~/}'n; .:,.t :'~ri-1-i`,t~
H PPnHgVE:D ~.rT~ URHWING t1 Ci.
Y /, ~7
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