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HomeMy WebLinkAboutReso 1988-13724 9797 RESOLUTION NO. 13724 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A CERTAIN DRAINAGE EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED POR SAID EASEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on April 26, 1988, the City Council approved Resolution 13536, accepting a certain Grant of Easement for Drainage Purposes from the Benevolent and Protective Order of Elks No. 2011 (B.P.O.E.) more precisely described in Exhibits A and B which are attached hereto and hereby incorporated by reference, and WHEREAS, this easement was granted in conjunction with the development of the Rancho del Sur Subdivision, and WHEREAS, at the time of granting of the original easements, the BPOE did not have any plans for development of their property located between East Naples Street and Telegraph Ca_.nyon Road, and WHEREAS, since that time, they have requested that they be allowed to substitute an easement that would allow for construction of the storm drain at a different location which would make it easier to develop three or four lots along East Naples Street, and WHEREAS, staff has no objection to substituting the new easement, since the storm drain proposed to be located in the easement has not been constructed yet. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista under its authority pursuant to Chapter 4 of Part 3 of the California Streets and Highways Code and specifically Section 8333 does hereby order the summary vacation of a portion of a certain drainage easement more precisely described in Exhibits A and B. BE IT FURTHER RESOLVED that from and after the date this resolution is recorded, the drainage easement no longer constitutes a public service easement. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute a Quitclaim Deed vacating the subject easement. ~798 BE IT FURTHER RESOLVED that the City Clerk be, and she i~,hereby directed to record a copy of this resolution with the Diego County Recorder. Presented by Approved as to form by / //~?/ff_~ ~" ~,~ L' i~t, Director of ThOmas d. Ha~ron, City ~ttorney 451~ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF tUL, ISTA, CALIFORNIA, this 9th d(~ of August , ,, 88 , by the following vote, to--wit: 'ES: Councilmembers Moore, McCandliss, Nader, Cox ~,YES: Council members None ]STAIN: Councilmembers None BENT: Councilmembers Malcolm /~~of the City of Chula Vista // ' City ler ~ 'ATE ' CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. FY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio, HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13724 ,ond thor the some hos not been omendad or repeoled "SI'IY OF C, hOLA VISI'A -660 RECORDING REQUESTED BY 88-409286 The City Of Chuia Vista City Clerk's Office Ci~z f Chula Vista 276 Fourth Avenue Chula Vista, Ca 92010 ATTN: Jennie M. Fulasz SPACE ABOVE THIS LINE FOR RECORDER'S USE ,__ Corporation Quitclaim Deed THiS FORM FURNISHED BY TICOR TITLE INSURERS !OCA(4 751 A.p.N ) computed on full value of property conveyed, or ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (X>I City of Chula Vista , and 'OR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Chula Vista !t corporation organized under the laws of the State of Ca I i for n i a .~ereby REMISES, RELEASES AND QUITCLAIMS to Benevolent and Protective Order of Elks No. 2011 the following described real property in the · 1County of San Diego , State of California: SEE EXHIBIT "A" 15 "B" ATTACHED HERETO AND MADE A PART THEREOF It, ~ tness Whereof, said corporation has caused its corporate nanle and seal to be affixed hereto and this instru- ment to be executed by its Gregory R. Cox MAYOR and Jennie M. Fulasz City Clerk Dated: August 11~ 1988 ~STATE OF CALIFORNIA ~ SS. '~ ' . ~ OF CHULA VISTA OFFICE OF THE GITY GLERK THIS IS TO CERTIFY THAT THIS INTEREST IN REAL PROPERTY CONVEYED BY DEED OR GRANT DATED August 11, 1988 FROM please see name below TO City of Chula Vista,CA A POLITICAL CORPORATION AND/OR GOVERNMENT AGENCY IS HEREBY ACCEPTED AND THE GRANTEE CONSENTS TO RECORDATION City Clerk CORPORATION QUITCLAIM DEED CONVEYED BY: THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS NO. 2011 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691 5041 )794 ' Church Engineering, Inc. Rancho del Sur Phase I June 3,. 1987 EXHIBIT "A" DRAINAGE AND ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the East half of the East half of the Southeast quarter of the Northeast quarter of quarter section 89 of Rancho de la Naclon, Map 166, according to record of survey thereof No. 10945, filed In the office of the County Recorder of San Diego County, March 12, 1987, In the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said quarter section; thence along the East line of said quarter section 89, I.North 17° 52' 36" West 1317.10 feet to the East quarter corner of said section; thence continuing along the East line 2. North 17° 51' 35" West 30.00 feet to a point on a line parallel and 30.00 feet North of the Northerly line of the Southeast quarter of aforesaid quarter section 89; thence continuing along said parallel line 3. South 72° 17' 57" West 115.53 feet to the TRUE PO'INT OF BEGINNING, said point being an intersection with a 52.50 foot radius curve,, concave Westerly, a radial line to said point bears North 79° 15' 50" West; thence along the arc of said curve 4. Northerly 10.02 feet through a central angle of 10° 56' 10"; thence leaving said curve 5. North 0° 12' 00" West 88.00 feet; thence 6. South 89° 48' 00" West 15.00 feet; thence 7. South 0° 12' 00" East 88.00 feet to the beginning of a 37.50 foot radius curve, concave Westerly; thence along the arc of said curve 8. Southeasterly 15.91 feet through a central angle of 24° 18' 34" to a point Qf intersection with said parallel line, a radial line to said point bears North 65° 53' 26" West; thence along said parallel line 9. North 72° 17' 57" East 18.21 feet to the TRUE POINT OF BEGINNING. ( ~alnlng, In all, 0.035 acres, more or less. Assessor's Parcel No. 639-016-04. See Attached Exhibit "B"' k/ BH/DR/MEN/BC 9795 ~ ~-""" INDICATES DRAINAGE & A~ EASEMENT,, 0.038 ACRES ~°' (R) INDICATES RADIAL LINE ,~o,,,,,," BASIS OF BEARINGS '~° THE BASIS OF SEARINGS FOR THIS PLAT IS A PORTION OF THE SOUTH LINE OF QUARTER SECTION 68 OF RANCHO DE LA NACION PER RECORD VICINITY MAP OF SURVEY MAP NO, 10945 I,E,, N i2'11' 3I'' ~ I e%~r~c CHULA WSTA ~CT ~7-8 ~ ~ANCHO ~EL ~U~ ~ (1~ 9~TH~ST CO~ ~~ ~' ~ ' a7 3-3 ~ -88 DRAINAGE AND ACCESS MANUEL ~, NIETO R,~ DATE EXP. nAYS EA MENT ~ { ,~ P~di,,~,offi~,~ I~ TO the CITY of CHULA VISTA Church E,gi, eeH,g, ],~ per T.M.-87-8 S~tyor, ~lepho~(619)237~722 DATE: 6-3-87 JOB ,: 8006.010