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HomeMy WebLinkAboutCC RESO 5062RESOLUTION NO. 5062 BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor of the City of National City is hereby authorized and d irected to execute agreements, subject to the approval of the City Attorney, with the San Diego & Arizona Eastern Railway Company, for the purpose of securing for the City of National'City, certain easements and rights of way. PASSED AND ADOPTED by the City Council of the City of National City, California, this day of October , 19 49__. , by the following vote, to -wit: AYES: Councilmen 4th Adams, Curry, Matthews,, Thatcher, Fritz NAYS: Councilmen None ABSENT: None Mayor of the City of National City, C ifornia. ATTEST: I hereby approve the foregoinResolution this 4th day of October 19___ 49 of the { Resolutions Ordinances v Mayor of the City o National City, C, orn I hereby certify that the above and foregoing is a full and true copy of { Resolution } } Ordinance No of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of 19 City Clerk of the City of National City, California. Deputy 7oJ'h/ '')''t" fil 'I d it'd` i �lv aboationedr, andior ronoto, at the Mosso otcuy, *SOO 4).? crossing and/or said culverts or culvert -tie aro shall loiteoad. or sold etre rutted and unintainod in moment entered into, or about te be entered into elook of Osiiter*las *toting by and through its Work*, and City, and this *groom*** is subj.** ach *Srt. 6 . Should city, or its assigns at any title abandon the use of any of the easements herein granted or tiny part thereof, or fail at *hy time to use the aims for the respective purposes, above stated or * continuous period of one 04 year, the right hereby given shall at of the use so abandoned or disOontinued, and One! haye the riht* in addition, to but not in e rights hereinafter roeorvokt to recto* lisPausilro toist, or the Pert thereof, the OA,* or which is so dLs*o* sol4e*torPoo the use of 'hick to so discontinued or 1144Alialtod 7. The flooesosto herein avast.' are sehlOot and elhOrdiaato to the Pettily and continuing rights tad obligati*** ot Aelleo** and its oeooO000es to aro **A maintain its entire eettrooll' rthkt of wayr • and property in 04414,44044.4 of its public doty as a coo5 and are also subject to the sight and Poe* of RailrOd and its 0- oeeethe is interest* of the and property to use the said. land. 44100/711).* In ear *44 all parts thereof, for iU purposes Utica with the enjoyment of the easements herein granted to GAT. d. This airtreenoet shall not be construed as ,conveying otherwise vesting in City the right or power to authorize the affintS40101011411101 e location or installation, or to issue Permits or licenses or fran' *kilos:for $40 location or installation of any structures, fixtures or *toter facilities at any telegraph, telePhone or electric Power linos or of any ditches, pipes, drains. Sewer or underground struc- tures, under, *long and over ear of the lands herein described. 9. The rights and Privileges hereby granted to City shall lapse and bosom* veld if not exercised within 000 (1) year from the date hereof. 10. City tall record this *6,40011tOn X*** er of San Diego OenntY, California. 11. This instrument is subject to all ',slid and existing contracts, leases, Ile**, ***vibrance* or claims of title which map attest the said property herein described, or any part thereof, and the word GRANT as used herein shall net be construed as a eavaaaat against the exists*** of any thereof. WITagap ',..v7cor, the parties hereto have caused this agreement to he executed in du.pliette by their officers therevato oar authorized, and their respective seals to be hereunto affixed, as of the island Yost first herein written. BooN3463 PAGE 312 STATE OF CALIFORNIA, City and County of San Francisco ss. On this 8th day of December in the year One Thousand Nine Hundred and Forty Nine before me, RUTH W. GEORGE, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared (65 Market St.) Corporation My Commission Expires September 19, 1950. California. ROY G. HILLEEeAND and CHAS. E. EAGAN, JT.. known to me to be the Vice PTA sidant and Seer atary, respectively, of the corporation described in and that executed the within instrument, and also known me ,tg be the person_S_who executed it on behalf of the corporation therein named and "he acknowledged to me that such corporation executed the same. IN WITNESS WHERE° have hereunto set my han nd affixed my official seal at my office in the City and County o a Fra firm, the day and y 'n this certificate first above written. Notary Public in and for the City and County of San Francisco, 4 8 or trait CIO PAO DJ STATE or CALI ORNIA, COUNTY or SAN DIEGO. befor a me, S 0n his day of , 1949, County of San Die o me to be pectively, of corporation described went, and also known to of the corporation her corporation executed my off i Ca`lifar wr it t en . IN WIT the day and yea nd for the ap peered isolated the within instru- persons who executed it on behalf y acknowledged to me that such v e h e" umt a set my hand and affixed at my office in the Count of San Diego, State of this cent iaate first above Notary Public in and for County of San Diego, Stet. California. Commis Sion Expires STATE OF CFOR NIA , ) ) ss COUNTY OF SAN DIFGO. ) 1949, before is in and for the ifor ale , personally appeared known to me► to be the Mayor and Clerk, of the City of National City, the municipal corporation that executed the ithin instrument, and known to me to be the persons who executed the "within instrument on behalf of the City of National City, and of them aoknowledged to me that such municipal corporation e`outed the same . IN WITNESS W fixed my official seal, ate of California , on the day and year in this cer above written. I have hereunto set my and and af- my office, _ in the said County of San