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HomeMy WebLinkAboutReso 1978-9252/.' Farm No . 320 Rev. 1-72 RESOLUTION NO ~ ~ ~ cJ SOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A CEPTING GRANT OF EASEMENT FROM CLARA VISTA CORPORATION FOR ACCESS OVER A PORTION OF LOT 118 OF BONITA RIDGE ESTATES Np. 3 T e City Council of the City of Chula Vista does hereby res lve as follows: N W, THEREFORE, BE IT RESOLVED that that certain grant of eas me n t f r access over a portion of Lot 118 of Bonita Ridge Estates No. 3 exe uted b Clara Vista Cor oration dat d the 16th day of Auaust '78 a copy o w ich is ttache hereto and by this reference made a part hereof, the same as hough idly set forth herein be, and the same is hereby accepted by he Cit of Chula Vista for access over a portion of Lot 118 of Bon'ta Rid e Estates No. 3. B IT FURTHER RESOLVED that the City Clerk of the City of Chu a Vist be, and she is hereby authorized and directed to record the docume t in the office of the San Diego County Recorder. Presented W: ~. Robes, Director of Public Wor s Approved as to form b ~J ~ George D. Lin berg, City Attorney A OPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHU A VIST , CALIFORNIA, ths~jTH day of SFP_T_FMRFR , 19~, by he fol owing vote, to-wit: AYE : ouncilmen_ SCOTT. COX. nAH HYD r;Tllnw NAY S: ouncilmen NONE ABS NT: Councilmen NONE I Mayor o t e City o Ch Vista ATTE T City Cler STAT OF CA~C,TFORNIA ) COUN Y OF S DIEGO ) ss. CITY OF CHUILA VISTA ) Vist and been ~y .~.v q2 S. I. City Clerk of the City of Chula ~, Cal~Eorn~a, DO HEREBY CERTIFY ~ ~ the above is a full, true :orrect, copy of Resolution No. 9~~~,, and that the same has not amended. or repealed. DATED 33 City Clerk ~ ~8 Record ng Req ested by: City C erk C'ty of Chula Vista When R corded Mail to: City o Chula~Vista P.O. B x 1087 Chula ista, ~A 92012 DOCUMCI~TAFi1l TI~AI~SFER 1'AX ;...:~_...., GRANT OF EASEMENT PREAMBLE This Agreement made this 5TH day of ~FpTEMI?LER ~ 1978, by and''~~between Clara Vista Corporation, hereinafter referred to as "Gr ntor", and City of Chula Vista, hereinafter referred to as "Gr~ntee", will become effective immediately. RECITALS WHEREAS, Grantor is the owner of certain real property locate within the City of Chula Vista, County of San Diego, State f California, hereinafter referred to as the "Servient Tenement", WHEREAS, Grantee desires to acquire certain rights in the Servient Tenement; NOW, THEREFORE, it is agreed as follows: GRANT OF EASEMENT considE assign shall i to the and asp CHARACTER OF EASEMENT ', 2. The easement granted herein is for the benefit of and as',an easement appurtenant to the following described land marked'as Exhibit "A" and Exhibit "A-1". DESCRIPTION OF EASEMENT ~' 3. The easement granted herein is for the specific purpose of permitting the Grantee to traverse said easement area. LOCATION 4. The easement granted herein is located at that portio~ of Grantor's property which is contiguous with that of the!Grantee's and is more specifically described in Exhibit "A" an~ Exhibit "A-1". USE BY DOMLNANT TENEMENT 5. The easement granted herein is for the sole purpose of accessing other properties owned by Grantee. The Grantee may enter 'the easement area for that purpose only and may not interfere with the reasonable use of the Grantor's Servient Tenement and is strictly prohibited from annoying or causing a nuisance upon that land. The Grantee is further prohibited from constructing any structure on the easement land which is of a permanent nature or 1. In consideration of $1.00, and other valuable gyration, Grantor hereby grants to Grantee, his heirs, ;, and legal representatives an access easement which •un with the land and shall be binding on and shall inure benefit of all parties, their heirs, legal representatives, signs. 9~ 5~~. ~~ would gtherwise interfere with the reasonable use and enjoyment of the~Servient Tenement. EXCLUSIVENESS OF EASEMENT 6. The easement granted herein is not exclusive and may be ;assigned by Grantee to future purchasers of Grantee's properly. ENFORCEMENT OF EASEMENT 7. The use of the easement granted herein shall be limited exclusively to the aforesaid purposes and Grantor expressly reserves the right to enforce this Grant of Easement for the, above mentioned purposes. ENTIRE AGREEMENT 8. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein ;assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequjent modification in writing, signed by the party to be charged'. ATTORNEY'S FEES 9. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing. party s~,hall be entitled to recover from the losing party reasonable expense's, attorney's fees, and costs. BINDING EFFECT v 2 z 2~ ~~ u FQ i ~~ ~a.d ~~ Cry n o ~ ~ ~ a ~ CJ 0 vi rl ~U G~ z ~: x ~, O p ~' . ~ U ~, ~ O O ~. W F F Z d F Q 110. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and ass'.igns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this injstrument the day and year first above written. -~ •~ Q m e n p ~ Y .~-~ w ,~ ~ a a ~?~; ~ GRANTOR k ~ ~ ~ V O~ e • ~ .wy E Clara Vista Corporation '~~~~~_ r ~' n .°' ~ ~ .V.Y~Zd c a, wg aF ~' ~ oYQOoI = •-~V~,.ce President I oJ" ~ omas S. Masuda z b G .m ^o G ~~ 'O G z ~ t~TE 0/' .~'~ h s. ~o ~; ~ v , e ~' htl~ 3N~ b a" 0 b d a H e z GRANTEE: City of Chula Vista Cb Cb ~ Ul b ~ ~~ O ° ' o ~ ~ ~ ~' ~.. A q .b O « 'fl ~ ~ C 1 V) ~. o ~ a> ~. ~ ~ U ~ N ~ / O U °' ~ a ;; or H :> ~ ;~' L~ ~ moo ~a C ¢~ ri o0~3 ~ U ~ ~ • Si ~ °'~~, a .A V ~o ~ r-i ''o ~ ~' ~' o ~ •~ +~ ~ ~ + A ~ c~ p a> « .+.a p ~ .C ~ . « w C ~ r`". v c o ~ E P ~ a .^ ~ w ° y~ ° ~ a i g a . y~ . . . v2 Z ai 3 3; ~ o ~•w c ~ c ,., a +~ .~ •n O .Y .,~ ~. ~~: IV~J~ (, ` Y WILL T. HYDE -2- 9~5~ ~g l 2 J 4 5 6 7 8 9 ~.o' ~1 is z~ Z a ~~ 2 2 ~r 3 3 3 All that portion of Lot 118 Bonita Ridge Estates, Unit 3 in the. City ~f Chula Vista, County of San Diego, State of California, according to Map thereof No. 8633, filed in i~he office of the County Recorder, of said county, lying northerly of the easterly prolongation of the northwesterly line of Lot 118 having a ~, bearing of N 74°-29' 13" E. r'i .~ c- EXHIBIT A