HomeMy WebLinkAboutReso 1989-14006 0908
RESOLUTION NO. 14006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING TRAFFIC CONTROL EASEMENT
FROM HOWART DEVELOPMENT COMPANY FOR THE
WESTERN HALF OF THE CHULA VISTA SHOPPING
CENTER DRIVEWAY AT FIFTH AVENUE AND "H" STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE 1T RESOLVED by the City Council of
the City of Chula Vista that that certain grant of easement for
traffic control purposes for the western half of the Chula Vista
Shopping Center driveway at Fifth Avenue and "H" Street, executed
by Homart Development Company, dated the 28th day of February,
1989 , a copy of which is attached hereto and by this reference
made a part hereof as though fully set forth herein, be and the
same is hereby accepted by the City of Chula Vista.
BE 1T FURTHER RESOLVED that the City Clerk of the City
"f Chula Vista be, and she is hereby authorized and directed to
ecord said easement in the office of the San Diego County
Recorder.~
Presented by ,~_ d_.. . f :
3o P, L tot of Ruth M, Fritsc uty City
P orks Attorney
5406a
0909
_ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHb,_~4 VISTA, CALIFORNIA, this 14th day of March
19 89 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Nader, Malcolm, Moore
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
Cox
ABSENT: Counci ]members
f the City of' Chula Vista
ST/- OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
31TY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
)O HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 14006 ,and fhot the some has not been amended or repealed
)ATED March 21, I989
:C-660
.,. 0910
GRANT OF EASEMENT FOR TRAFFIC CONTROL PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereb
acknowledged, Homart Development Co., a Delaware corporation CGrantor';t
hereby grants to the City of Chula Vista, California ("Grantee"), an easement and
right of way for, and the right to construct, replace, operate, remove, maintain, or
modify certain traffic control facilities in, u on, over, and across that certain real
property situated in the Ci of Chula ~Pi~ta, County of San Diego, State of
California, more particularly ~Yescribed as follows:
Be.~inning at the Center of Quarter Section 148, of Parcel Map 15 116, as filed in the
office of the County Recorder of said County on January 26, 1988 in Book of Parcel
distance of 75 feet; thence South 70 57'07" West a distance of 40 feet; thence North
19° 06'45" West, a distance of 75 feet; thence North 70°57'07'' East a distance of 40
feet to the TRUE POINT OF BEGINNING.
Together with the right to enter upon and to pass and repass over and along said
easement and right of way and to deposit tools, implements and other materials
thereon by Grantee, its officers, agents, employees and by any contractor, his agents
and employees engaged by Grantee, whenever and wherever necessary for the
pu oses above set forth. The arties acknowledge that the repair and maintenance
of tree traffic control facilities sga~ll be the sole responsibility of Grantee.
It is understood and agreed by the parties hereto that Grantee shall indemnify,
defend and hold Grantor free and harmless from and against all costs, expenses,
liabilities and claims for damage or suits for loss, including costs and attorney's fees,
aftsinS from injury or death to any person or damage to property caused by or
resulting from the acts or omissions of Grantee, its successors or assigns, arising
from the construction, operation or maintenance of the aforementioned traffic
control facilities or in using, o erating traveling over the land within the
hereinbefore described Grant of EaSement.°r
Grantor and Grantee acknowledge that nothing contained in this Grant of
Easement shall rohibit Grantee from utilizing the surface of the above-described
land; provided, gorwever, that such use shall in no event interfere with the exercise
by Grantee of the rights herein granted.
Dated: I, larch 14 ,1989
The City of Chula Vista Homart Devlfiopment Co. ~
a Delawar ~Corporatio /
0911
State of Illinois
County of Cook
On February~5~, 1989, before e, the undersi ed, a Notary Public in and for such
State, personil~ appeared (~Pic~"k"~cc't LA~CCc~T¢ personally known to me or
proved to me on the basis of ~atisfactory evidence to be the person who executed
the within instrument as the ~>c~c-,,q ~cq i/, c~ ~c~.&c,'tof Homart Development Co.,
a Delaware corporation, and acknowledged to me that such coloration executed
the same pursuant to its By-Laws or a resolution of its Board of Directors.
Witness my hand and official seal.
N6Iary Public