HomeMy WebLinkAboutReso 1988-13719 0 1835
RESOLUTION NO. 13719
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING REAL PROPERTY CONTRACTS,
QUITCLAIM DEED AND EASEMENT FOR STREET
PURPOSES ALONG FRESNO AVENUE JUST NORTH OF
MAIN STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, San Diego County is now improving Fresno Avenue
between Main Street and Anita Street as part of the Block Grant
Program on behalf of the City, and
WHEREAS, in conjunction with the construction of this
project, the City needs to acquire a parcel consisting of
approximately 40 square feet owned by Esther Pino and leased to
Rafael A. Segura, et al., and
WHEREAS, the County has obtained for the City contracts
with the property owner and lessee and a quitclaim deed and the
related easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
t~_he City of Chula Vista does hereby approve the two real property
~tracts executed by the property owner, Esther Pino, and the
ssee, Rafael A. and Maria A. Segura, a copy of which is
attached hereto and incorporated herein by reference as if set
forth in full.
BE IT FURTHER RESOLVED that the City does hereby accept
the easement for street purpose granted by Esther Pino, a copy of
which is attached hereto and incorporated herein by reference as
if set forth in full, and the City Clerk is hereby directed to
record said easement in the office of the San Diego County
Recorder.
BE IT FURTHER RESOLVED that the City Council does hereby
accept the quitclaim deed granted by Rafael A. and Maria A.
Segura, a copy of which is attached hereto and incorporated
herein by reference as if set forth in full.
Presented by Approved as to form by
Works City Attorney
76a
,, 0 1836
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
'tUL 'ISTA, CALIFORNIA, this 2nd day Of August . ,
88 , by the following vote, to-wit:
(ES: Councilmembers Moore, Cox, McCandliss, Nader, Malcolm
~YES: Councilmembers None
~)STAIN: Counci lmembers None
BSENT: Counci lmembers None
~y'~~the City of Chula Vista
-TEST
~,/" City' d~erk ' /
'ATr : CALIFORNIA )
)UNTY OF SAN DIEGO ) ss.
rY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13719 ,ond thot the some hos not been omendedor repealed
T E D ::
jRY OF
~'HULA VISTA
-660
]N'RECORDVn, PLEASE 1
'S'"I~gTRII~ENT TO: 10 1830
y'Clerk~ 1
~y of Chula vista 1
.... ~ , ~ 1087 1
.a Zta, California q~01~ 1
_~ LY
NO
EASEMENT FOR STREET PURPOSES
;essor' s Parcel Project: FRESNn AVENUE
623-192-17 W, O. No.: TE16~9
Parcel No.: 88-0187-A
ESTHER PINO, an unmarried woman
reinafter called GRANTnR, dries hereb.y grant, convey and dedicate to the CITY OF CHULA
~TA, State of California, hereinafter called GRANTEE, the right of way and incidents
~reto for a public street upon, over and across that certain real orooerty in the City of
Jla Vista, County of San Diego, State of California, described as follows:
P' -el No. ~R-O187-A (6-20-~ (WAR:AT:mrt)
All that portion of land shown as "DeBot Grounds" in the Subdivision of OTAY, in
the City of Chula Vista, County of San Dieee, State of California, according tq
Map thereof No. 263 filed in the Office of the County Recorder of said County,
included in land described in deed to Esther Pino recorded June 8, 1982 at
File/Paqe No. 82-174009 in said Recorder's nffice, lyinq Southwesterly of the
following described line:
BEGINNING at a point on the Westerly line of said Pino's land , said point bears
North 00°38'23" East, 19.59 feet from the Southwest corner thereof; thence
South 26°38'41'' East 18.20 feet to the beQinning of a non-tangent 40.00 foot
radius curve concave Northeasterly, a radial to said curve, at said point bears
South 46°40'0a'' West; thence Southeasterly along the arc of said curve, through a
central angle of 07°19'14'', a distance of 5.11 feet to a point on the Southerly
line of said Pino's land and the POINT OF TERMINIIS.
-0 1831
Grantor hereby further grants to Grantee all trees~ qrowths (growing or that may
reafter qrow), and road building materials within said right-of-way, including the riqht
~a~ ~ter, toqether with the riqht to use the same in such manner and at such locations
sal..!4rantee may deem proher, needful or necessary, in the construction, reconstruction,
~rovement or maintenance of said Bublic street.
Grantor, for himself, his successors and assigns, hereby waives anv claim for any and
damaries to Grantor's remaininq Dronerty conti~uous to the riqht-of-way hereby conveyed
reasnn of the location, construction, landsca~inq or maintenance of said nublic street.
this .av of <Y7 ,
:nowled~ment --
vidual)
E OF CALIFORNIA)
TY OF SAN DIEGO) SS
July 6~ 1988 . before me. ROBERT D. ZUMWALT. County Clerk and
~fficio Clerk of the Superior Court in and for said County and State, which is a
~t of record having a seal, personally appeared ES?HER PINO id
1 _
)proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
!are) subscribed to the within instrument and acknowledged that she executed :ed
i same°
ESS my hand and official seal.
i.T D. ZU.. LT
)ty Clerk and ex-officio Clerk
~he ~rt ~-
JOEL P. NEWSOM
1832
REAL PROPERTY CONTRACT
National City, California Project Title: Fresno Avenue Impr.
Work 0rder~: R90259
July 6 , 1988 Parcels ~: 88-0187-A
GRANTOR: ESTHER PINO
An Easement for Street Purposes, in the form attached hereto as Exhibit A and made a
part hereof, has been executed and delivered to Joel P. Newsom, Real Property Agent
of the County of San Diego,~for acceptmnce by the City of Chula Vista, hereinafter
called City.
In consideration of which, and other considerations hereinafter set forth, it is
mutually agreed as follows:
1. The City shall:
A. Accept and record the document referred to above without cost of any kind to
Grantor.
B. Pay any escrow, title insurance, and recording fees incurred in this
transaction.
C. Take title to the interest conveyed by the document referred to above,
subject to any exceptions of record.
D. When constructing the proposed road-widening project, install a graveled
driveway approach to serve Grantor's property from Fresno Avenue, without
cost to Grantor. Said approach shall be 30' wide, and centered between
Grantor's restaurant building (identified as 3120 Main Street, Chula Vista)
and the chain-link fence located northerly thereof. Upon completion of
construction, the approach shall be considered as an encroachment under
permit upon the road and is to be maintained, repaired and operated as such
by Grantor, in accordance with and subject to all laws and rules of the City
of Chula Vista.
2. It is expressly understood that no monetary consideration is to be paid to
Grantor for the property rights described in the aforesaid Easement deed.
Grantor's willingness to donate such property rights is predicated upon (1)
anticipated benefits accruing to Grantor's property, and the neighborhood in
general, as a result of the proposed project; (2) City's performance of the work
set forth in paragraph 1.D. hereinabove; and (3) assurance that no cost
assessment will be levied or paid by Grantor in connection with the project.
0 1833
)no Avenue Improvements
~ _~e 2
3. Grantor warrants that she is the owner of fee title to the property described in
the aforesaid document, and there are no oral or written leases on all or any
part of the property exceeding a period of one month, except that certain lease
with Rafael A. Segura and Maria A. Segura. Grantor agrees to hold the City
harmless and reimburse the City for any and all of its losses and expenses
occasioned by reason of any other lease held by any tenant of Grantor for a
period exceeding one mogth.
4. City agrees to hold the undersigned harmless from any and all penalties,
liabilities, or loss resulting from claims or court actions arising directly or
indirectly out of any damage or injury to persons or property by reason of acts
or omissions or the City, its agents, employees, or independent contractors, in
exercising any of the privileges herein granted or in consequence thereof.
5. The performance of this agreement constitutes the entire consideration for said
document and shall relieve the City of all further obligation or claims on this
account, or on account of the location, grade, construction, or operation of the
proposed public improvement.
~'~ parties°hereto have herein set forth the whole of their agreement. No
.sideration other than that set forth herein will be honored.
IN WITNESS HEREOF, the parties hereto have executed this agreement the day and year
first above written.
ESTHER PINO
~.~0~[~[1~ VERA L. LYLE Annet,e Evans
RECORDER Chief Deputy
1600 PACIFIC HWY., RM. 260
P.O. BOX 1750
SAN DIEGO, CALl FORNIA 92112~1.147
(619) 531-5231
CITY CLERK Date: October 17, 1988
276 4TH AVENUE
CHULA VISTA, CA 92010 Amount: $0.00
We are returning your document(s) unrecorded for the following
reason(s):
An incorrect notar~ acknowledgment has been used. The
,Individual, form is needed.
If you have any question, you may contact M. Deskey at
(619) 531-5231.
IN RECORDED, PLEASE MA,IL 1
S INSTRUMENT TO: 1
1 '
1
~rk,,Board of supervisors 1
n Diego County Administration Center 1
'-~ F '~ficHighway 1
D3.~j, California 92101 1
RECORDED REQUEST OF 1
TRANSFER TAX DUE DEPT. GENERAL SERV(CES 1 SPACE ABOVE FOR RECORDER'S USE ONLY
QUITCLAIM DEED
! Project: FRESNO AVENUE
iessor's Parcel W.O. No.: TE1699
623-192-17 Parcel No.: 88-0187-A
also known as RAPHAEL A. SEGURA
· a valuable consideration, RAFAEL A. SEGURA/and MARIA A SEGURA, husband and wife,
(es) hereby remise, release and forever quitclaim to
the CITY OF CHULA VISTA
following described real property in the County of San Diego, State of California:
Parcel No. 88-0187-A (5-27-88) (WAR:AT:mrt)
All that portion of land shown as "Depot Grounds" in the Subdivision of OTAY, in
the City of Chula Vista, County of San Diego, State of California, according to
Map thereof No. 263 filed in the Office of the County Recorder of said County,
included in land described in deed to Esther Pino recorded June B, 1982 at
File/Page No. 82-174009 in said Recorder's Office, lying Southwesterly of the
following described line:
BEGINNING at a point on the Westerly line of said Pino's land , said point bears
North 00o38'23'' East, 19.59 feet from the Southwest corner thereof; thence
South 26°38'41'' East 18.20 feet to the beginning of a non-tangent 40.00 foot-
radius curve concave Northeasterly, a radial to said curve, at said point bears
South 46o40'04" West; thence Southeasterly along the arc ~f said curve, through a
central angle of 07°19'14'', a distance of 5.11 feet to a point on the Southerly
line of said Pino's land and the POINT OF TERMINUS.
is_ day of ,
'
j , 19__ before me, the undersigned, a Notary Public in and for Bid County
~te, personally appeared
~ to me to be the person whose name subscribed to the within instrument,
!howledged that executed the same.
~ my hand and official seal.
Public in and {or said County and State
':_ OF CALIFORNIA, }
!Counh/of San Diego. ~s.
day of in the year 19__, before me, ROBERT D. ZUMWALT,
/ Clerk and ex-officio Clerk of the Superior Court in and for said County, which is a court of record having a
~.,'sonally appeared
! to me to be the person described in and whose name
~bed to and who executed the annexed instrument, and acknowledged to me that
executed the same.
~ness Whereof, I have hereunto set my hand and affixed the seal of said Court at my office in the County of
~jo, the day and year in this Certificate first above written.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court
By. , Deputy
~ to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego,
iical corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Dieg<j pursuant
pority conferred by Resolution of said Board adopted on March 20,19~7'9' and the Grantee consents to recorda-
iereef by its duly authorized officer.
"' ~ R.J. PFLIMLIN, Director of Real Property
CIIY OF
OFFIGE OF THE GITY GLERK
THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY
CONVEYED BY DEED OR GRANT DATED July 18, 1988
FROM Rafeal & Maria Se~ura 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.
City Clerk
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
KEAL PROPERTY CONTRACT
i Chula Vista, California Project Title: Fresno Avenue Impr.
Work Order~: R90259
Ju].~' 1~ , 1988 Parcels ~: 88-0187-A
GRANTOR: RAPHAEL A. & MARIA A. SEGURA
A Quitclaim Deed, in the form attached hereto as Exhibit A and made a part hereof,
has been executed and delivered to Joel P. Newsom, Real Property Agent of the County
of San Diego, for acceptance by the City of Chula Vista, hereinafter called City.
In consideration of which, and other considerations hereinafter set forth, it is
mutually agreed as follows:
1. The City shall:
A. Accept the document referred to above without cost of any kind to
Grantor.
B. Pay any escrow, title insurance, and recording fees incurred in this
transaction.
· C. Take title to the interest conveyed by the document referred to above,
subject to any exceptions of record.
D. When constructing the proposed road-widening project, install a graveled
driveway approach to serve Grantors' property from Fresno Avenue, without
cost to Grantors. Said approach shall be 30' wide, and centered between
Grantors' leased restaurant building (identified as 3120 Main Street, Chula
Vista) and the chain-link fence located northerly thereof.
2. It is expressly understood that no monetary consideration is to be paid to
Grantors for the property rights described in the aforesaid Quitclaim Deed.
Grantors' willingness to donate such property rights is predicated upon (1)
anticipated benefits accruing to Grantors' leased property, and the neighborhood
in general, as a result of the proposed project; (2) Clty's performance of the
work set forth in paragraph 1.D. hereinabove,; and (3) assurance that no cost or
assessment will be levied or paid by Grantor in connection with the project°
" F ~no Avenue Improvements
3. City agrees to hold the undersigned harmless from any and all penalties,
liabilities, or loss resulting from claims or court actions arising directly or
indirectly out of any damage or injury to persons or property by reason of acts
or omissions of the City, its agents, employees, or independent contractors, in
exercising any of the privileges herein granted or in consequence thereof.
4. The performance of this agreement constitutes the entire consideration for said
document and shall relieve the City of all further obligation or claims on this
account, or on account of the location, grade,-construction, or operation of the
proposed public improvement.
The parties hereto have herein set forth the whole of their agreement. No
consideration other than that set forth herein will be honored.
IN WITNESS HEREOF, the parties hereto have executed this agreement the day and year
£1rst above written.
MARIA A, SE~A
RECOMMENDED FOR APPROVAL