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Home My WebLink AboutReso 1977-8826~~ Form No . 3 2 0 Rev. 1-72 RESOLUTION NO ~ 8826 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT .AND GRANT OF EASEMENT FOR STORM DRAIN ACROSS NEW DEPARTMENT OF MOTOR VEHICLES SITE The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement and grant of easement for storm drain across new Dept. of Motor Vehicles site executed by the State of California De artment of General Services dated the day of is attached hereto and by this reference made a a copy ° w ich as though fully set forth herein be, and the sameais herebf~a he same by the City of Chula Vista for Y pproved storm drain across new De artment of Motor Vehicles site. 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. W. J. Robens, Director of Public Works Approved as t~for by George D. Lin berg, City Attorne, Y ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th da of by the following vote, to-wit. ; Y Se tember ~- 977 , AYES : Councilmen Scott, Egdahl , Hobel , Cox NAYES: Councilmen None ABSENT: Councilmen Hyde --~ ATTE City Jerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) yo /of t e City o Pro Tempore a vista r' City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above ~s a f~a.ll, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED `. . WHEN RECORDED MAIL TO Jennie 1\T. Fulasz, Ciry Clerk P. (U. I3ux 1057 Chula Vista, California 92012 AGREEMENT AND GRANT OF EASEh~Eir'T STORM DRAIN PIPELINE Agency: Dept. of Motor Vehicles Project: Chula Vista Office Site Parcel: DM`J-051 ( cas-9~s) THIS AGREEMENT AiJD GRANT OF CASEMENT is made and entered into by and between the STATE OF CALIFORNIA, acting by and through its DIRECTOR OF GEpJERAL SFR~/ICES, hereinafter called State, and the CITY OF CHULA VISTA, hereinafter called Grantee. The Stare, pursuant to the provisions of Section i456b of the Government Code' of the State of California, does grant unto Grantee, its successors and assigns forever, an easement to locate, relocate, construct, reconstruct, maintain, alter, inspect, repair and replace underground pipelines for the purpose of storm water drainage, and all pipes, conduits, manholes, structures and equipment necessary or canvenient thereto, on, under, over, and across that certain real property situated in the City of Chula Vista, County of San Diego, State or' California, described as follows: That portion of the West one-half of 20 acre Lot 4 of Quarter Section 135 of Rancho de la Nation per Map No, 166 filed in the Office of the County Recorder . of San Diego County, State of California, more particularly described as follows: A 15 foot wide drainage easement, the centerl'+ne of which is described as follows: Beginning at the Southwest corner of Quarter Section 135; thence N 70° S7' 00" E along the Southerly line of said Quarter Section a distance of 250 feet; thence N 18" 59' 30" W a distance of 32.5 feet to the TRUE POINT OF BEGINNING; thence N 70° 35' 04" E along the centerline of said 15 foot wide easement a distance of 335.19 feet to the westerly right of way line of North Glover Avenue, the terminus of said easement. THE PROVISIONS ON THE RE`JERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT Dated September 20, 1977 STATE OF CALIFORNIA Department ofnGe//nera~Services APPROVED: ept. of Motor Vehicles .~ By G CITY OF CHULA'VISTA 7~ Mayor Pro Tempore ,~ r _ I . ' RE:~L ESTATE SERVICES DIVIS[Uiv CQU~ , i/~, /j `77 SPACE ABOVE TFIIS LINE FOR RECORDER'S USE PROVIDED, this Grant of Easement is subject to the following terms and conditions: 1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and. claims which may affect said property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee waives al) claims against the State, its officers, agents, and ~' employees, for loss or damage caused by, arising out of, or in any way connected' with the exercise of this Easement, and Grantee agrees to save harmless, indemnify, and defend .State, its officers, agents, and employees, from any_and all loss, damage or liability which may be suffered or incurred by the State, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted. 3. State reserves the right to use the said real property, in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. ~. State reserves the right to require Grantee, at State expense, to remove and relocate all improvements placed by Grantee upon the said real property, upon determination by State that the same interfere with future development of State's property. Within 180 days after State's written notice and demand for removal and relocation of said improvements, Grantee shall remove and relocate said improvements to a feasible location on the property of the State, as designated by State, and State shall furnish Grantee with an easement in such new location, on the same terms and conditions as herein stated, and without cost to Grantee, and Grantee thereupon shall reconvey to State the easement herein granted. 5. This Easement shall terminate in the event Grantee fails for a continuous period • of 18 months to use said Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, deliver to State a quitclaim deed, to its right, title and interest hereunder, and shall, on State request, without expanse to State, and within 90 days from written demand by State, remove all property placed by or .for Grantee upon said property and restore said premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request., State may do so at the risk of Grantee, and alt cost and expense of such removal and restoration shall be paid by Grantee upon demand. 6. Grantee agrees to make any excavation on said property of State in such manner as will cause the least injury to the surface of the ground above such excava- tion, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practical. ~.: T ~', STATE OF CALIFORNIA ) ss COUNTY OF SACRAMENTO ) On this //~ day of ~.1.-~J , 197 ~ , before me, Constance K. Okino, a Notary Public in and for the County cf Sacramento, State cf California, personally appeared THOMAS F. JCPIES, Acting Supervising Land Agent for the Department of General Services, State of California, and known to me to be the person who executed the within instrument on behalf of said State of California and acknowledged to me that he executed t're same as 'the free act and dead of said State of California. b1ITNESS my hand and official seal. '- O"rPICIAL SEAL ate;'''.. CCI~!STA;~:CE K. O~<!i 10 J: NOL4kY PU6UC CA -;I:NA ~~ Princ.na! O`~ice in Sccramento Ccunfy 1 5~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~/~/"Com,mission~~"Expires~~~Feb~~~~29~~~~~~~990~~~~~~~ CONSTANCE K. OK1PJ0 Notary Public in and for the State of California ro rsas ca ,e-mar (Corporation) ~ TITIE INSURANCE J AND TRUST STATE OF CALIFORNIA 1 ATCOR COMPANY f ss. COUNTY OF San Diego On September 28 , 1977 before me, the undersigned, a Notary Public in and for said T State, personally appeared .lames F Hnhel , known to me to be the_~ayOr Pro Temnore ~si~t~~a>#__________________________ ~ lc'ft~~i~6~1~'~~____________________$a~ata~g = of the corporation that executed the within Instrument, ~ known to me to be the person who executed the within ~Y~. a Instrument on behalf of the corporation therein named, and ' -~-- "-- `-- "~"~'~- m acknowledged to me that such corporation executed the ~ w+~< OP~hICIAL SEAL within instrument pursuant to its by-laws or a resolution of ~ °~ci ~ ~= 'lAl"- ~• DlE1~R1CHS ~ NOTARY Pt1BLIC -CALIFORNIA 1I`I ~€~g~s~. the City Council. ~,~,~~~ SAN p!EGG COUNTY WITNESS my hand and official seal `°"" My comm. exp%res J.9N 22, 1980 ~~~ 276 Fourth Ave., Chulo Visto, CA 92010 Si natu ~~~ ~ ~~LG ~~ "`~~ g re (This area for official nctarial seal)