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HomeMy WebLinkAbout58-05The City Council of the City of Ukiah does hereby resolve as follows : The City Council of the City of Ukiah does heYeby authorize $~ direct the Mayo~ of the City of Ukiah to execute, on behalf of the City of Ukiah, that certain RIGHT OF WAY GRANT, a copy of 10 11 12 13 ~hich is attached hereto, mmrked "Exhibit ~" and mmde a pa~t hereof 'uT ~efe~ence, the same as if set forth here in full, said Right of Way G~ant to be in fa~o~ of KE~H A. ~UTLER et ux, PAT J. CRUDO et uc, and ALBERT L. PAGE et ux. Dated: This 7th day of August 1957. 15 16 17 18 19 2O 21 HO 2-2996 ~ ATTEST: EXHIBIT A HIGhlY; OF WAT Gr~T The CITY OF ~I~, a Mmnicipal Corporation of t~ Sixth hereby b?~~ t}'~se presente~ grants Go KEN, TH A BUT~R and HEWN I. BUT~ER, as Joint Tenants; PAT J. CRUDO, as Joln~ Tenants; and ALBERT L. PAGE and HEWN M. PAGE, as Joint Tenan'0s~ t~e rl.:~n~ of way for the purpose of travel vehicles over aped across the lands belonging to it, si tu~ted in the County of Mendocino, State of California, whic~ said rig~t of way is described as follows: A strip of .land 2'0 feet wide and 2~1.60 £ee~ long, situated in the northwes~ corner and ruffling along the west boundary of a tract of land descri, bed as follows: ~GINE!NG ab a 3/4' iron pt~ monument ~rked C.E. 9659, ~one said mon~men~ being also a ~int on ~he eas- terly line of that cer~ain %tact of land conveyed to Edm~nd John, s by deed retched on March 22, 1949 in Book 240 of tt~ Official Records, ~Ee ~92, Mendocino Co~,ty Eecords, Co~ty of Mendocino~ State of California, from which monum- ent ~[~he northeast, coPner of said Jo}~s' i~d ~ars 00 2~' 5,0" West, 30.3~ f~e'~;; 9659; t~nce north O° ~i' We;~t, 35~.i4 feet to an iron pipe mon=ment ~ked C.E. 6918, ~he said ~n~nt beir~ also a point on the southerly line of t~mt ceftin tract of real property conveyed to ~vid W. ~ton, et ~, by deed Peco~ed March 9, 1990 in Book ~6~ of 'the Records, ~ge 9~8, Co=~ty of Mendocino, $~te of California; thence North 8~ 49' 35". West, along t~e$ou*:~ne~-'l~..~ line of said Exton's land~ ~2'[.54 feet to an iron pipe monu- ~nt ~rked C.E. thence North 09° 49' 35~' West, continuing on t~e projec- tion of tho souO~erly line of said Ex~on'o land, said 3/~" l~on pipe monument bei~ a!s~ the point of intersection of the projection line of tae sout~e~i3: line of said ~%on'~ i~%d with the project!on line ltl~e easterly iino of Edm~d Jo?~m' thence South OO 2~' 50'~' East alo~ t ~ .~= said projection line~ 3~5 40 feet to t~:; nort~ast corner of said jo~as' land; thence south 0° 28~ 90~ East~ 30.32 feet to the poin of beginning~ containir~ 2.04 acres, more or less. The ri~:~t of way so grated hereunder shai'~ '~ .;. oe appumterk~nt to any and all dwellings now situated on lands described in Book 192 of Official Records, page 374, Mendocino County Records, and to lands described in Book 210 of Official Records, page 118, Mendocino County Records. The grant of the easement herein provided for shall be subject to conditions subsequent as follows: If the grantees hereof or their successors in interest should fail to maintain upon the right of way hereby granted a roadway sufficient to permit the passage of automobile traffic for a period of six (6) consecutive months, all rights of grantees hereunder or their successors in interest shall cease and determine and the grantor may enter upon said right of way and repossess itself thereof and exclude all persons therefrom. It is furthermore covenanted and agreed that in making this grant of right of way, grantor assmmes no responsibility for the maintenance of the same or the preservation of installations thereon. Grantees, by the acceptance of this grant, covenant and agree with grantor that they will maintain said roadway situated or to be situated upon said right of way in a useful condition suitable for the passage of automobile traffic, and will save the grantor free and harmless from any and all claims of whatsoever kind or character that may arise or be asserted against grantor by reason of their use o~ said roadway and of said right of way. Dated: This ~:' ~ ~>~ day of ~ d,:~,.,~,~,,~,,,._~.-~,~: _~_ _, 1957. (L. $.) ATTEST: -2-