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HomeMy WebLinkAboutReso 1977-8532RESOLUTION NO. 8532 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT OF EASEMENT FROD4 THE COUNTY OF SAN DIEGO FOR OFF SITE DRAINAGE PURPOSES ADJACENT TO ROBINHOOD POINT UNIT 2 SUBDIVISION 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 off site drainage purposes adjacent to Robinhood Point Unit 2 Subdivision, executed by the County of San Diego, dated the 8th day of February, 1977, 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 for drainage purposes. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said easement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to record the document in the office of the San Diego County Recorder. Presented by Approved as to form by ~ ~~- _; ,, - _ `~ _ W. J. Ro ens, Director of George ~. Lindberg, City Att ey Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 15th day of March , 1977 , by the following vote, to-wit: AYES: Councilmen Cox, Scott, Egdahl, Hobel, Hyde NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City o Chula Vista ATTEST ~ ~'>r: i.~ ~ ~-~~~ ~ ~ ' L. City lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, City Clerk of the City of Chula is a, Ca i ornia, 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 AFTER RECORDING RETURN TO: TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY ASSESSOR'S PARCEL NO. PROJECT: Robinhood Point Development 644-010-07 W.O. TE6515 PARCEL 76-0853-A-1 GRANT OF EASEMENT THE COUNTY OF SAN DIEGO, A Political Subdivision Hereinafter designated Grantor does hereby grant, bargain, sell, convey and release unto the City of Chula Vista, a political subdivision herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over anal across the hereinafter described real property for the installation, construction, maintenance, repair., replacement, reconstruction and inspection of an enclosed or unenclosed flood drainage channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obsturction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the ~ ~' ,r''„ .. ~ -~, ,~ .. , County of San Diego, State of California, and is particularly described as follows: Parcel No. 76-0853-A (11-24-76) (WR:JK) ~-C.9.. That portion of the southeast quarter of Section 18, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, according to official plat thereof, described as follows: Beginning at the Southwesterly corner of said Southeast quarter of Section 18; thence along the Westerly line of said Southeast quarter North 00°27'16"East, 1411.85 feet to the true point of beginning; thence continuing along said Westerly line 00°27'16"East, 10.01 feet; thence leaving said Westerly line North 88°06'17"East, 80.00 .feet; thence South O1°53'43"East, 10.00 feet; thence South 88°06`17"West, 80.41 feet back to the true point of beginning. The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or con- structed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be responsible far operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel pro- vided such enclosure is constructed or installed by a licensed con- tractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee, its successors and assigns. In granting its approval the Grantee, its successors and assigns may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his heirs and assigns, the right and privilege to use the above described land of the Grantor ~-`~. r at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. The Grantor shall, to the extent authorized by law, indemnify and save harmless Grantee against, and pay in full, any and all loss, damage or expense that Grantee may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair or presence of Grantors surface drainage system, in- eluding any such loss, damage or expense arising out of loss or damage to property, and/or 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 Grantee, its contractors, officers, agents or employees). The Grantee shall at all times indemnify and save harmless Grantor against, and pay in full, any and all loss, damage or expense that Grantor may 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 fixtures and equipment used in connection therewith, including any such loss, damage or expense arising out of loss or damage to property, and/or injury to or death of persons (excepting any loss, damage or expenses and claims for loss, damage or expense resulting in any manner from negligent act or acts of Grantor, its contractors, officers, agents or employees). In the event said easement is no longer required for service, or if said easement is not used by Grantee for a period o.f six months, whichever is sooner, all rights herein granted shall, after 90 days notice hs been given to Grantee, revert to Grantor, its successors or assigns, automatically and without the necessity of reentry, and Grantee shall, within a reasonable time and at its option, either remove at its o~~an expense all facilities installed ley Grantee or abandon all undergound lines and structures in place. The Grantee shall furnish Grantor on demand a good and suffi- cient quitclaim deed of all its rights, title and interest in the above-described Real Property. IN WITNESS WHEREOF, the county of San Diego has executed this instrument this ~'~' day of ~- , 1977. ~p4~' t7y'a~ Ord og ~,sors of '~'1fr ~GlirltV Of San fliavQ FEQ ~~ i97~7 ~-~ ~ "i2rk Of thv °nard Of S'a^~. , ^• ~.,, , , ,"i ~,,; -L ' ~ emu; ~~JIY ..;; CY ~~_ ----__ Gi:;=; i Y COUNTY ©F SAN DIEGO BY -~~~ ~ -2/L_~!~~.4~ C12rk of the Board of Supervisors CITY OF CHULA VISTA gy /,r/ ~r-Q.y /~ ~I , .~~d7~- ~a A yQ~ )~ ~ L ~; ~S" STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. On this ~'z~ day of in the year 1977, before me, ROBERT D. ZU~i~~ALT, County Clerk a d ex-officio Clerk of the Superior Court of the County of San Diego, personally appeared PORTER ll. CREi-2ANS, known to me to be the Clerk of the Board of Supervisors of said County, and known to me to be the person who executed the within instrument on behalf of said County, and acknowledged to me that such County executed the same. ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court (SEAL) ~ _ Deputy ~:~~< _ ~. ~, o~ o~ ~o ' ., ,. - _! - -- --r-~--" -- ,. i ~. l-=~, ~ 1 ~ ~ ~ ~ ~, l~ ~- ~ O ~ 'S ~8 od ~7 l'L . !, 1 ~ ~-~~ ~ ~_ i _ ~ - -. . ~' ~ 1 ~' 1 1 ~, ~ scQL~.~ i~~=4o~ - . 1 `~ ' ~ • .~ . ~--1 ~' ~ `~ ~ . 1 1 ~ - :~~ ~ • ~: ~ ...J _._. _ _ -' ~ J ~~ ~'O.6. ~--~, F PAft7~,1ENT Or REAL. PftO;'EftTY ArrROV[.o ar ~:~;,, ~ ).^.~_ DATE II-24-7o SHEET NO CO?.1NUNITY SERVICES AGE!:~Y ~ I OF I DRANK DY `V. A.RI^IG _-yGAI[ I - C*G, COUNTY 0= SaN OfEGO r^^->.?'.:cl. '.J. rA~C~L 76-0~353~-I ,' .-~ ~ ~ RC~~I~~~C~C)D Pt~l~1~" DEVELC~PI~'i~~~Y - ~Sf~i1~'. y 76-~~3~j R ^JA .. r.v..i..~r 1} i L;1 .. -.'. i ® ~1 ® ~ ~ ~~ . ~ J / '1 I i T ~~ \ ~ . .~~ ~~ `~~~ ~~~ ~~ o ~9'~ -~; • ~~~ \,~ r 9eJ~ -_ ~1 ~^ ^ ~`• l / O ~, az ~~ s e