HomeMy WebLinkAboutCC RESO 13,321RESOLUTION NO. 13,321
RESOLUTION APPROVING AN EASEMENT (PARKING
AGREEMENT) FOR BALL OLDSMOBILE EMPLOYEE
PARKING LOT AT 2138 "A" AVENUE.
BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized and
directed to execute that certain easement (parking agree-
ment) for Ball Oldsmobile employee parking lot at 2138
"A" Avenue.
BE IT FURTHER RESOLVED_that the City Clerk is
hereby ordered to record the following easement:
Assessor's Parcel No.
Dominant Tenement 06000-560-261-07
Servient Tenement 06000-560-271-13
PASSED AND ADOPTED this 6th day of May, 1980.
ATTEST:
Recording requested by
JOHN G. DAVIES, ESQ.
When recorded mail to
JOHN G. DAVIES, ESQ.
Hahn Cazier & Leff
1010 Second Ave., Ste. 2222
San Diego, CA 92101
Transfer Tax $ 0
j,
By
JOHN G.
Assessor'
Dominant
Servient
GRANT OF EASEMENT
Preamble
DAVIES,
s Parcel
Tenement
Tenement
Agent for Grantee
No.
06000-560-261-07
06000-560-271-13
This Agreement made this l7th day of April, 1980, by and
between JOHN DAVID BALL, and BETTY JOAN BALL, hereinafter referred
to as "Grantor," and JOHN DAVID BALL and BETTY JOAN BALL, herein-
after referred to as "Grantee."
Recitals
WHEREAS, Grantor is the owner of certain real property
commonly known as 2138 "A" Avenue, National City, San Diego County,
State of California, hereinafter referred to as the "Servient
Tenement," and legally described as:
"The Southeasterly one-half of Lot 3, Block 1 of L. A.
WEISSERS SUBDIVISION of 10 acre Lot 6, Quarter Section
153 of Rancho de la Nacion, in the City of National
City, County of San Diego, State of California, accord-
ing to the Map thereof No. 1672 filed in the Office of
the County Recorder of San Diego County, August 25,
1915."; and
WHEREAS, Grantee is the owner of certain real property
commonly known as 2005 National City Boulevard, National City,
San Diego, County, State of California, hereinafter referred to
as the "Dominent Tenement," and legally described as:
"Lots 6 to 10, inclusive, in Block 1 of the Subdivision
of 10 Acre Lot 5 in Quarter Section 153 of -the Rancho
de la Nacion, in the City of National City, according
to the Map thereof No. 200 filed in the office of the
Recorder of said San Diego County, January 26, 1882.";
and
WHEREAS, Grantee desires to acquire certain rights in the
Servient Tenement;
NOW, THEREFORE, it is agreed as follows:
Grant of Easement
1. Grantor hereby grants to Grantee, for so long as the
improvements on the Dominant Tenement are used in connection with
an automobile dealership, an easement as hereinafter described.
Character of Easement
2. The easement granted herein is appurtenant to the
Dominant Tenement.
Description of Easement
3. The easement granted herein is a right to use the entire
Servient Tenement for the construction, maintenance and operation
of an employee parking lot for the exclusive use of employees of
the automobile dealership operated in wholly or in part upon the
Dominant Tenement.
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Location
4. The easement granted herein is co -extensive with the
legal description of the Servient Tenement.
Exclusiveness of Easement
5. The easement granted herein is exclusive.
Secondary Easements
6. The easement granted herein includes incidental rights
of maintenance, repair, and replacement.
Additional Beneficiary
7 The City of National City, California is an additional
beneficiary of this easement, in consideration of the City
approving a building permit for certain improvements on the
Dominant Tenement.
Entire Agreement
8. This instrument contains the entire agreement between
the parties relating to the rights herein granted and the obliga-
tions herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force and effect ex-
cepting a subsequent modification in writing, signed by the party
to be charged, and approved by the City of National City.
Attorney's Fees
9. In the event of any controversy, claim, or dispute re-
lating to this instrument or the breach thereof, the prevailing
party shall be entitled to recover from the losing party reason-
able expenses, attorney' s fees, and costs.
- 3-
Binding Effect
10. This instrument shall bind and inure to the benefit of
the respective heirs, personal representatives, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first above written.
Jifih` D "Id
Betty Joan Ball
OFFICIAL SEAL }
STATE OF CALIFORNIA ) _ DUANESCHOONOV'^
SS NOTARY PUBLIC - CAUFOk
COUNTY OF SAN DIEGO ) / SAN DIEGO My comm. expires APR
On i ?!'/; IS , 19 U , before me, the undersigned,
a Notary Public for the State of California, personally appeared
JOHN DAVID BALL and BETTY JOAN BALL, known to me to be the persons
whose names are subscribed to the within instrument, and acknow-
ledged that they executed the same.
Notary Public
OFFICIAL SEAL
-4-9 DUANE SCHOONOVER
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COL'NNY
My comm. expires APR 30, 1982
The above Grant of Easement is hereby approved and
accepted by the City of National City.
CITY IONAL CITY
By
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
KI E RG
Mayor
On `1'Yl� A '7 , 19 \-D , before me,
the undersigned, a Notar Public for the State of California,
personally appeared KILE MORGAN, known to me to be the Mayor
of the Municipality that executed the within instrument and
acknowledged to me that such Municipality executed the same.
Notary Public
OFFICIAL SEAL
BEATUJCE BUCKELEW
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires AUG 30, 1983