HomeMy WebLinkAboutReso 1988-13566 - 1119
RESOLUTION NO. 13566
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING EASEMENT FROM SAN DIEGO
GAS & ELECTRIC COMPANY FOR ROAD PURPOSES ALONG
THE EAST SIDE OF FOURTH AVENUE NORTH OF MOSS STREET
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
road purposes alonq the east side of Fourth Avenue north of Moss St.
executed by San Dieqo Gas & Electric Company
dated the 28th day of April , 198 8 , 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 Approveal as to form by
Jo i/pi~tor of omas J * rron, City Attorney
Public Works ~/~ ~
0361a
Form 320
Rev. 11-87
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
LA VISTA, CALIFORNIA, this 17th cloy Of May
19 88 , by the following vote, to--wit:
AYES: Councilmen~aers MonTe. Nader, Malcolm
NAYES: Counci lmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members cox, McCandliss
Mayor PRO TEMPORE, CITY OF CHULA VISTA
/ City Clerk ~/
E '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, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 13566 ,and that the some has not been amended or repealed
DATEO
CITY OF
CHULA VIS'IA
CC -660
· ~ Recording Requested by
DZZGo GAS ELZCr ZC COMPANY '
When Recorded aaz ,',~ -7 1~ S s0
Nail to: SDC&'F,, P, O, Box ]831
San Diego, CA 921:12
ATTN: Office Services, Room 611
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
GRANT OF EASEMENT
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called
"Grantor", for valuable consideration, grants to the CITY OF CHUM VISTA, a
municipal corporation, hereinafter called "Grantee", an easement and right of way
for public street purposes and incidentals thereto, through, over, under and across
Grantor's land situated in the City of Chula Vista, County of San Diego, State of
California, described as follows:
All that portion of Lot Thirty-two in Quarter Section One Hundred
Forty of Rancho De La Nacion, according to Map thereof No. 505, filed in the
Office of the County Recorder of San Diego County, March 13, 1888, described as
follows:
Beginning at the Northwest corner of said Lot 32; thence Easterly
along the Northerly line of said Lot 32, a distance of 9.00 feet; thence
Southerly parallel with the Westerly line of said Lot 32, a distance of 50.00
feet; thence Westerly parallel with the Northerly line of said Lot 32, a
distance of 9.00 feet to the Westerly line of said Lot 32; thence Northerly
along said Westerly line a distance of 50.00 feet to the POINT OF BEGINNING.
Grantee, its successors, assigns, agents or contractors, shall be
responsible for any damage to Grantor's existing facilities occasioned by or arising
from the construction, operation or maintenance of Grantee's facilities within said
Grantor's property.
Grantee covenants for itself, its successors, assigns, agents or
contractors, that all work in connection with the installation of Granteels
facilities and appurtenances shall be done in a workmanlike manner and in accordance
with standard engineering practices.
Grantor reserves unto itself, its successors and assigns, the right to use
the subsurface, surface and airspace thereover, of the hereinbefore described
easement and right of way, for the installation of such facilities as it shall now
or in the future deem necessary. Such rights shall not be exercised by Grantor, its
successors or assigns, in such a manner as to be unreasonably incompatible with
Grantee's installation.
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1117
Grantee shall at all times indemnify and save harmless Grantor against and
pay in full any and all loss, damage or expense that Grantor my sustain, incur or
become liable for, resulting in any manner from the construction, maintenance, use,
state of repair or presence of Grantee's facilities installed hereunder and all
necessary and proper fixtures and equipment for use in connection therewith, in-
cluding any such loss, damage or expense arising out of the (a) loss or d~m~ge to
property, and (b) injury to or death of persons, including the defense of any action
arising therefrom.
Grantee covenants for itself, its successors and assigns that should
Grantee discontinue use of this easement for the purposes set forth herein, then all
rights granted in this easement shall terminate and Grantee, upon receipt of wTitten
request, shall execute and deliver to Grantor a good and sufficient Quitclaim Deed
to all rights herein granted.
Grantor, its successors and assigns, shall not be required to bear any
portion of the cost of construction, maintenance, alteration, repair, replacement,
relocation or removal of Grantee's facilities installed within the easement herein
granted.
The terms, covenants and conditions of this easement and right of way
shall be binding upon and inure to the benefit of Grantor, its successors and
assigns, and Grantee, or in any other or altered form it may assume.
IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caused
authorized this '~ ~ day of , 19 __~.
SAN DIEGO GAS & ELECTRIC COMPANY,
a corpor tion
See~n D. Davis, Manager
Land Department
Drawn DEHopkins
Checked
Sketch
Date 4/25/88
MOPAC
SBE No. 141-37-21, Pcl. 3
A.P. No. 619-010-25
-2-
STATE OF CALIFORNIA
SS
COUNI~ OF SAN DIEGO
~.,
o. ~ ~,~,/~2~3 , before ,~e, the u.d~r~ign~d. a ~ota~
in and/for said ~tate, personally appeared Steven D. Davis, personally
known to me (~r prcvcd to ~ on the basis of scti~_facto~· ~_vidcnce). to
be the person who executed the within instrument as Manager, Land
Department, on behalf of San Diego Gas & Electric Company, the corporation
therein named, and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its Board
of Directors.
My ~i~, Exp ~ ~, 1~I
Si~ature
ow
CHULA VISfA
OFFICE OF THE CITY CLERK
THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY
CONVEYED BY DEED OR GRANT DATED April 28, 1988
FROM San Diego Gas & Electric TO City of Chula Vista,CA
A POLITICAL CORPORATION AND/OR GOVERNMENT AGENCY IS
HEREBY ACCEPTED AND THE GRANTEE CONSENTS TO RECORDATION
THEREOF BY ITS DULY AUTHORIZED OFFICER.
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5041
11~
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VICINITY MAP
NO ~C~LE
R.D,G. TITL~
.......... EASEMENT
5.-5-ee N/E CORNER OF FOURTH AVE. 8 MOSS ST