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Home My WebLink AboutReso 1967-4590RESOLUTION NO. 4590 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN AGREEMENT FOR THE FUTURE GRANT OF AN EASEMENT FROM INLAND INDUSTRIES, INC., FOR THE GRANT OF AN EASEMENT AS A CONDITION OF THE APPROVAL OF THE FINAL MAP OF HARBORSIDE SUBDIVISION UNIT NO. 2 - REVERSION TO ACREAGE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Inland Industries, Inc., as a condition of the approval of the final map of Harborside Subdivision Unit No. 2, a reversion to acreage, has executed an agreement to grant an easement for sewer purposes to the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that that certain agreement for the grant of an easement for sewer purposes, executed by Inland Industries, Inc., and the addendum thereto, dated the 26th day of October 1967 , a copy of which is attached hereto and incorporated herein by reference be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. Presented by Approved as to form by ,~/t~~' ,l l.,dx Lane F. Cole, Directo ~of Public George D. indberg, Ci Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 31st day of October 1967 by the following vote, to-wit: AYES NAYES: Councilmen McAllister, Sparling, McCorquodale, Anderson, Sylvester Councilmen None ABSENT: Councilmen None ayor o the ~t of ula Vista L ,~ ,/ ATTEST %~L~-c -e..u_c~.c°~yi"CCGa._~-~G~~-~ ~~ity Clerk ~~ STATE OF CALIFRRNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I~ City Clerk of Vista, California, DO HEREBY CERTIFY that the above is correct copy of Resolution No. and that the amended or repealed. DATED the City of Chula a full, true and same has not been City Clerk AGREEMENT FOR GRANT OF EASEMENT THIS AGREEMENT made and entered into this 26th day of October 1967, by and between the City of Chula Vista, a Municipal corporation, FIRST PARTY, hereinafter called "the City", and INLAND INDUSTRIES, INC, , a California corporation, SECOND PARTY, hereinafter called "Owner. " WITNESSETH: WHEREAS, Owner is the owner of record of certain real property located in the City, being particularly described as a portion of Blocks L and O of Harborside Unit #2 according to Map thereof No. 2119 filed in the Office of the County Recorder of San Diego County, California, said real property being hereinafter referred to as "The Property"; and WHEREAS, Owner has filed with The City an application for reversion of The Property from subdivided land to acreage pursuant to the provisions of Section 1157(b) of the Business and Professions Code; and WHEREAS, The City is willing to approve said application upon condition that the Owner grant to The City an easement ten (10) feet in width for sewer purposes over, under and across a portion of The Property; and WHEREAS, the parties hereto have determined that it is neither necessary nor desirable that the specific location of said easement within The Property be presently fixed for the reasons that The City has no present need for the installation of a sewer across The Property and the Owner has not completed its plans for development of The Property; and WHEREAS, the parties nevertheless desire to provide for the grant of said easement and for the future specific location thereof when either party hereto shall require the same; - 1 - ~_uS~'0 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. For and in consideration of The City's approving Owner's application for reversion to acreage as hereinabove described, Owner agrees to and does hereby grant to The City an easement for sewer purposes over, under and across that parcel of real property described in Exhibit A attached hereto and incorporated herein by this reference, said parcel being a portion of The Property. Said easement shall be ten (10) feet in width, shall run in a Northerly -Southerly direction substantially parallel to the Easterly boundary of The Property and shall be specifically located within the parcel described in said Exhibit A. 2. At such time as The City shall require that said easement be specifically located, The City shall give written notice of such requirement to Owner. Owner thereupon shall have the right to specifically locate said easement by delivering to The City within thirty (30) days after receipt of such written notice a written grant of easement executed by Owner in recordable form particularly describing such specific location. In the event Owner shall not specifically locate said easement within said thirty day period, The City at any time thereafter shall have the right to specif- ically locate the same by making written demand upon Owner therefor and concurrently with such demand delivering to Owner for execution and re-delivery a written grant of easement particularly describing such specific location. Owner, upon receipt of such demand and grant of ease- ment, shall immediately execute said grant of easement in recordable form and deliver the same to The City. 3. In the event Owner shall require that said easement be specifically located and at such time said easement has not been specif- ically located in accordance with paragraph 2. above, Owner shall have the right to specifically locate the same by executing in recordable form and delivering to l~he City the written grant of easement particularly - 2 - ~45gf describing such specific location and The City shall thereupon accept and record the same. 4, This agreement shall automatically terminate upon record- ation of a written grant of easement in accordance with paragraph 2, or 3, above, 5, Each party hereto agrees to execute any and all documents and to take such action as may be necessary to carry this agreement into effect. 6, In the event either party shall be required to commence any action or proceeding against the other to enforce any of the terms or provisions of this agreement, to seek a judicial declaration of rights hereunder, or by reason of any breach hereof or default hereunder, the prevailing party in such action or proceeding shall be entitled to reason- able attorney's fees to be fixed by the trial court, 7, Any and all notices or demands required to be delivered pursuant to this agreement shall be deemed delivered forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid, certified mail, addressed to the party who is to receive the same, The addresses of the parties are as follows: City of Chula Vista, Civic Center, Chula Vista, California. Inland Industries, Inc. 5060 Santa Fe, San Diego, California, 92109 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year above written, CITY O,F CHULA VISTA r 1.~- i~la yor INLAND INDUSTRIES, INC. A By By - 3 - ~`~~ STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On September 27th 19fi7, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeremy Berg known to me to be the President, and Joan Berg known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the wihin instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. /, ~ / / 7 . Notary Public in and for said County and State ~aC>eC.?aG>a~at.3oCaoL~o~o6: ~o A(bpp ~ RLLP, A E31i LINGS c. ;v r uvF.~c;~ia® V/ O ~ ~ P.IN~'~ N c' t4 ~~ AN Ci l C" [i!41Y O OOC90CC9~if~0 C90C90~C'90C~000000 Hy CemmiSSion ~xptres March 29, 1971 iYiy .. -4- ~~ EXHIBIT A, PORTION OF PROPERTY IN WHICH EASEMENT SHALL BE LOCATED 'T'hat portion of Harborside Unit #2 according to Map #2119 on file in the Office of the County Recorder of San Diego County, California, particularly described as follows: An area bounded by the Easterly line of Blocks L and O of said Harborside Unit #2, and a line parallel to and distant 200 feet Westerly of said Easterly line; and the Southerly line of San Diego Cxas & Electric Company easement described in Document #188279 dated September 14, 1958, and a line parallel to and distant 200 feet Southerly from said Southerly line. ADDENDUM TO AGREEMENT F'OR GRANT OF EASEMENT By written agreement entitled: AGREEMENT FOR GRANT OF EASEMENT, dated October 26, _1967, the undersigned INLAND INDUSTRIES, INC. , as Owner, agreed to grant the City of Chula Vista an easement for sewer purposes over, under and across certain real property described therein as a portion of Blocks L and O of Harborside Unit #2 according to Map thereof No. 2119 filed in the Office of the County Recorder of San Diego County, California. As an Addendum to said Agreement for Grant of Easement the parties hereto do hereby agree that said Agreement for Grant of Easement and all terms and conditions thereof shall be binding upon and shall inure to the benefit of the parties hereto and to said agreement, and to their respective successors and assigns. Except as otherwise set forth herein, said Agreement shall be and remain in full force and effect. DATED: This 26th day of October, 1967. CITY QP' OHULA VISTA,; INLAND INDLSTRIES, INC. -% A California corporation y .- / ~ , . , B '~' 1 , Mayor ~' I ~' ,. } a. sr T ~ By ~ E'li`: % ~ f ~ ~,. _ ,% / - 1 - ~~ STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On October 26, 1967, before me, the undersigned, a Notary Public in and for said State, personally appeared .Jeremy Berg known to me to be the President, and Joan Berg known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. , ~~ ~ ~ . Notary Public in and for said County and tate Cli,„„\,~ :CL.}46: GC?dfe34b?44~OC.aC14 yP t R;LLA A, f31LLINGS ® ~ F uni r- w ,.gyp.. ~-Y O 4 tlO~JGC"70 ~94C`S~Jt~OC90(9004®O My Commission =xp(res Mar:.h c9, 1971 - 2 - i?-w59o