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 or repealed.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~~.
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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
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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.
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• ~ .wy E Clara Vista Corporation
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GRANTEE:
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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