HomeMy WebLinkAboutReso 1983-11183 RESOLUTION NO. 11183
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A SUBSTITUTE EASEMENT FOR THE EAST
"H" STREET RIGHT-OF-WAY FROM EL RANCHO DEL REY
CORPORATION AND OTAY LAND COMPANY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, during the preparation of the final map of
Chula Vista Tract 80-5 Unit A and during the construction of East
"H" Street, a small error was discovered in the previous survey
of the boundary lines in that area which now requires a new ease-
ment for the East "H" Street right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain grant of easement for
the East "H" Street right-of-way executed by E1 Rancho del Rey
Corporation and Otay Land Company, dated the 17th day of February,
1983, a copy of which 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.
BE IT FURTHER RESOLVED that that certain grant of ease-
nent heretofore accepted by Resolution No. 10879 be, and the same
is hereby relinquished.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby directed to record this
easement in the office of the San Diego County Recorder.
Presented by Approved as to form by
Engineer Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 15th doy of March
19 83 , by the following vote, to-wit:
AYES: Councilmen McCandliss, Moore, Malcolm, Cox, Scott
None
NAYES: Councilmen
None
ABSTAI N: Cot~cilmen
None
ABSENT: Councilmen
M~the City of Chulo Visto
Sly-. E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA }
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct Copy of
RESOLUTION NO. ///f~ ,and lhot the some hos not been oreended or repeoled.
DATED March 16, 1983
(seol) City Clerk
CC-660
WHEN RECORDED, PLEASE MAIL
THIS INTRUMENT TO: ,
'ty Clerk
,~ty of Chula Vista
P. 0. Box 1087 F3- a
Chula Vista, CA 92012
TRANSFER TAX DUS
SPACE ABOVE FOR RECORDER'S USE ONLY
NO.
EASEMENT FOR STREET PURPOSES
E1 Rancho del Rey, a California Corporation, and Otay Land
Company, a Partnership, each unto its respective interest,
do hereby grant, convey and dedicate to the CITY OF CHULA VISTA, State of
California, the right-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 follows:
Being portions of Quarter Sections 36, 43, 62, 69 and 70 of Rancho de
la Nacion according to Map thereof No. 166, filed in the office of the
County Recorder, County of San Diego, State of California on May 11,
1869, more particularly described as follows:
Beginning at the Northeast corner of Parcel Map 3395, as filed in the
office of the County Recorder of said County on January 15, 1975 in
Book of Parcel Maps, page 3395, said point being the beginning of a
nontangent 4000.00 foot radius curve, concave northerly, a radial to
said point bears South 29°55'06" East; thence westerly along the
northerly line of said. Parcel Map 3395, along the arc of said curve
through a central angle of 3°31'57'', a distance of 246.62 feet; thence
tangent to said curve South 63°36'51'' West, a distance of 421.36 feet,
to the northwest corner of said Parcel Map 3395; thence along the
westerly line of said Parcel Map 3395, South 17°50'03'' East, a
distance of 57.64 feet; thence departing from the boundary of said
Parcel Map 3395, South 63°36'51'' West, a distance of 632.84 feet to
the beginning of a tangent ~057.00 foot radius curve, concave
northerly; thence westerly along the arc of said curve through a
central angle of 26o23,09", a distance of 2789.37 feet; thence tangent
to said curve North 90°00'00" West, a distance of 1618.24 feet to the
beginning of a tangent 2057.00 foot radius curve, concave northerly;
thence westerly along the arc of said curve through a central angle of
7°43'25", a distance of 277.29 feet; thence tangent to said curve,
North 82°16'35'' West, a distance of 915.89 feet to the beginning of a
tangent 2057.00 foot radius curve, concave northerly; thence westerly
along the arc of said curve through a central angle of 20°38'04'', a
distance of 740.81 feet; thence tangent to said curve North 61°38'31"
West, a distance of 628.48 feet to the beginning of a tangent 1943.00
foot radius curve, concave southerly; thence westerly along the arc of
said curve through a central angle of 9°38'15", a distance of 326.82
feet; thence tangent to said curve North 71°16'46'' West, a distance of
18.32 feet to the beginning of a tangent 1823.00 foot radius curve
concave southerly; thence westerly along the arc of said curve through
a central angle of 8°20'13'', a distance of 265.26 feet to a point
tangent to a 1943.00 foot radius curve concave southerly; thence
westerly along the arc of said curve through a central angle of
3°19'10", a distance of 112.57 feet to a point on the southerly
subdivision boundary of Chula Vista Tract 80-15 according to Map
thereof No. 10051, filed in the office of the County Recorder of said
County on April 3, 1981; said point being distant South 72°12'35'' West
127.63 feet (South 71°40'45'' West per Map 10051) from the intersection
of the centerline of East "H" Street with said southerly subdivision
boundary as shown on said Map 10051; thence along said southerly
boundary North 72012'35" East (North 71°40'45" East per Map 10051), a
distance of 242.72 feet to the beginning of a nontangent 1937.00 foot
radius curve concave southerly, a radial to said curve bears North
13°23'10" East; thence departing from said subdivision boundary
easterly along the arc of said curve through a central angle of
5°~0'04'', a distance of 180.34 feet; thence tangent to said curve
South 71°16'46'' East, a distance of 18.32 feet, to the beginning of a
tangent 2057.00 foot radius curve concave southerly; thence easterly
along the arc of said curve through a central angle of 9°38'15", a
distance of 346.00 feet; thence tangent to said curve South 61°38'31"
East, a distance of 628.48 feet, to the beginning of a tangent 1943.00
foot radius curve, concave northerly; thence easterly along the arc of
said curve through a central angle of 20o38'04", a distance of 699.75
feet; thence tangent to said curve South 82°16'35'' East, a distance of
915.89 feet to the beginning of a tangent 1943.00 foot radius curve,
concave northerly; thence easterly along the arc of said curve through
a central angle of 7°43'25", a distance of 261.92 feet; thence tangent
to said curve North 90o00'00" East, a distance of 1618.24 feet to the
beginning of a tangent 5943.00 foot radius curve, concave northerly;
thence easterly along the arc of said curve through a central angle of
26°23'09", a distance of 2736.87 feet; thence tangent to said curve
North 63°36'51'' East, a distance of 1062.77 feet to the beginning of a
tangent 3943.00 foot radius curve, concave northerly; thence easterly
along the arc of said curve through a central angle of 3°42'34", a
distance of 255.28 feet, to a point on the easterly line of the
Southwest Quarter of the Northwest Quarter of said Quarter Section 36;
thence along said easterly line South 17°51'01" East, a distance of
58.31 feet to the Point of Beginning.
971,407.57 S.F.
22.3004 - Acres
The Grantor hereby further grants to the City of Chula Vista the privilege
and right to extend drainage structures and excavation and embankment
slopes beyond the limits of the herein described right-of-way as shown on
Chula Vista Drawing Numbers 81-395 thru 81-419 on file in the office of the
City Engineer, Chula Vista, California, where required for the construction
and maintenance of said public street. RESERVING unto the Grantor of the
~ove described parcel of land, his 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
~herefore is removed by substituting other protection, support and/or
'ainage facility, provided such substitution is first approved in writing
.~y said City Engineer.
This easement is specifically intended by the Grantor and Grantee as a
determinable easement. It is therefore specifically conditioned upon "H"
Street being completed by Grantee over said easement and in operation by
the public within three (3) years of the recording of this easement deed
and if not the easement shall terminate by its terms and the property shall
revert to the Grantor herein.
This easement is granted only for a public street and drainage structures
of the Grantee only as described herein. Grantee is specifically
prohibited from using the easement for any other purpose or granting any
rights in said easement area to any other utility, person, corporation or
public or private entity.
The Grantor hereby further grants to 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 such manner and at such locations as said Grantee may deem proper,
needful or necessary, in the construction, reconstruction, improvement or
maintenance of said public street.
It is expressly understood and agreed that Grantor is conveying this
easement to Grantee as an accommodation to Grantee for the development of
~roperty by Grantor and other owners in the area and that this conveyance
~ well in advance of need by Grantor for newly developed street access.
~rantor expressly reserves to itself all compensation in that certain
condemnation action entitled Otay Municipal Water District v. E1 Rancho Del
Rey_i et al., San Diego Superior Court Case No. 4693"~47"including
compenSated'for all takings and the severance damages to the remainder and
Grantee waives any rights to said compensation.
The Grantor, for himself, his successors and assigns, hereby waives any
claim for any and all damages to Grantor's remaining property contiguous to
the right-of-way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
In Witness Whereof, said corporation has caused its corporate name and seal
to be affixed hereto and this instrument to be executed by its
st. Executive Vice President and
'hereunto duly authorized.
Dated: February 17, 1983
STATE OF CALIFORNIA )
COUNTY OF san Diego ) SS
On February 17, 1983 before me, the EL RANCHO DEL REY
for said State, personally appeared
Louis S. Cohen By:
Louis S. Cohen
Executive Vice President
k n o w n t o m e t o b e t h e :~s~~
St. Executive Vice
President, and Martin D. Collier By
known to me to be Vice President-Treasurer iaent
~~XOf the Corporation that
executed the within Instrument,
known to me to be the persons who
executed the within Instrument on
behalf of the Corporation therein
named, and acknowledged to me that
such Corporation executed the
Fithin Instrument pursuant to its
,-laws or a resolution of its
.aard of directors.
In Witness Whereof, said partnership has caused its name to be affixed
~hereto and this instrument to be executed by rn,7{.~ ,q. Cnhe~ the
trtners.
Dated: FebruarU 17, 1983
STATE OF CALIFORNIA )
COUNTY OF ,q~N DTEfiQ ) SS
On February 17, 1983 before OTAY N~NY
me, the undersigned, a Notary OTA_~~_~. .
Public in and for said State,
personally appeared Louis S. Cohen By:
LoUlS S. C h n
o e
General Partner
knownto me to be General Partner
of the partners of the partnership
that executed the within
instrument, and acknowledged to me
that such partnership executed the
same.
WITNESS hand and official seal