Loading...
HomeMy WebLinkAboutCC RESO 15,862RESOLUTION NO. 15,862 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN BRYAN WHELCHEL AND THE CITY OF NATIONAL CITY FOR THE EUCLID AVENUE EXTENSION AND AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ACQUISITION ESCROW (ASSESSOR'S PARCEL NUMBER 558-190-19) BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between Bryan Whelchel and the City of National City, (attached hereto as Exhibit "A"), for the acquisition of real property for the Euclid Avenue Extension, and that the City Engineer is hereby authorized to enter into an Acquisition Escrow (Assessor's Parcel Number 558-190-19) for said real property. PASSED and ADOPTED this 24th day of January, 1989. ATTEST: GEORGE H 1 WATERS, MAYOR c ouCAL LORI ANNE PEOPLES,CITY CLERK APPROVED AS TO FORM: Jir GEORGE i_f EISER, III CITY ATTORNEY AGREEMENT This agreement is made and entered into this 24th day of January, 1989; by and between the City of National City, hereinafter referred to as "CITY," and Bryan Whelchel, hereinafter referred to as "WHELCHEL." This agreement is made with reference to the following recitals: A. CITY is the owner of the parcels of real property designated respectively as Parcels "A," "B," and "C" shown on the map attached hereto as Exhibit "1." B. WHELCHEL is the owner of the parcel of real property designated as Parcel "D," excepting the westerly 24 feet of said parcel, shown on the map attached hereto as Exhibit "1." NOW, THEREFORE, the parties hereto agree as follows: 1. Within thirty days of the date of this agreement, CITY shall convey to WHELCHEL those portions of Parcels "B" and "C" outlined in blue on the attached Exhibit "1"; however, CITY shall retain the following: a) An easement to maintain a slope over the area shaded in green on the attached Exhibit "1." b) An easement for drainage purposes over the area shaded in brown on the attached Exhibit "1." c) CITY shall retain all portions of Parcels "B" and "C" not outlined in blue on the attached Exhibit "1." - 1 - 2. Within thirty days of the date of this agreement, WHELCHEL shall convey to CITY the following: a) That portion of Parcel "D" shaded in red on the attached Exhibit "1," in fee. b) An easement to maintain a slope over the area shaded in green on the attached Exhibit "1." c) An easement for drainage purposes over the area shaded in brown on the attached Exhibit "1." d) The existing residential structure located on Parcel "D." 3. As soon as practicable after the above conveyances are completed, recorded, and accepted by CITY, CITY shall: fO4) Remove or demolish the existing residential structure located on Parcel "D." ,� Move a two bedroom house, which is presently located ��1�" at 2407 20th Street, National City, onto Parcel "D" as a replacement dwelling for the existing residential structure on Parcel "D" to be removed or demolished as set forth hereinabove. c) Install temporary utility connections to the replacement dwelling on Parcel "D" to allow occupancy by WHELCHEL. Said temporary connections will be replaced with permanent connections during jj the construction of Euclid Avenue. 4. All costs of this exchange shall be borne by CITY. vAelck€ sti DI he/A:n - r,`shvh 7 © crc-te/ y �f , h�+s 6 ce,» P d�ih dp sled Inh/ r ASPee�: rn • - 2 - (ei 0/chid ASwes yno4. ,,� :o%-��iA� PPS 7 P kl.V4m h» 45 ®74 4-2197 ,hs/Pc/; - ',t »io*ed - o,.- ioufe (veo/acea t/ dwe/fk) - (r) $ 6ee4as 710 4o/d -/o -4 ), .ed /) -71uv o 6 , /C 42 44 a ddth 61 aeo - 02 a- 5. WHELCHEL, in conveying the property set forth in Paragraph 2, shall transfer to CITY good and marketable title, as evidenced by a California Land Title Association standard coverage title insurance policy issued by a title company selected by CITY, in the amount of $60,000.00, insuring that title to the property is free and clear of all title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interests of record or known to WHELCHEL, subject only to those exceptions approved by CITY in writing. 6. WHELCHEL warrants that he owns the property being conveyed to CITY free and clear of all liens, licenses, claims, encumbrances, easements, encroachments on the property from adjacent properties, encroachments by improvements on the property onto adjacent properties, and rights of way of any nature not disclosed by the public record. 7. WHELCHEL is not in default under any contract, note, or encumbrance relating to the Property. 8. Time is of the essence in this agreement. 9. This agreement and the attached Exhibits constitute the entire agreement, and sets forth all consideration passing between the parties, relating to the conveyance of the property described herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this agreement are of no force and effect. Any amendment to this agreement shall be of no force and effect unless it is in writing and signed by CITY and WHELCHEL. - 3 r 10. This agreement shall be binding on and inure to the benefit of the parties to this agreement and their heirs, personal representatives, successors, and assigns, except as otherwise specifically provided in this agreement. CITY OF NATIONAL CITY BY '�- 1t- L t�� /s� .�► R .� GEORGE H. WATERS, MAYOR BRYAN WHELCHEL - 4 •D CERTIFICATE OF COMPLIANCE NO. ® ADJUSTMENT PLAT NO. ENGINEERING DEPARTMENT CITY OF NATIONAL CITY ym z turn rn LEGAL DESCRIPTION BEING ALOT L/NZADJUSTMENT/NLOTS B"C' AND 'D' BLOCK 8 OF 1 /NCOL N ACRES ORCHA kD FSTArrs SUBD/VISION, MAP NO. /786, ALL BE/NO IN THE CITY OF NATIONAL CITY, L'=JUNTYOFSAN D/EOo, STATE OF CALIFORNIA . SCALE ti O� 1. �,r' D Cr ow C) NA no RI 558-19' r l EXIST/ • OWNER: NAT 55B -/ • 0,9, • F.�,y . , a, .�., ��4 4j 'G.r "'�':� AREAS `• ..+ °a_,8 9� PARCEL 1: 10,277 30 SQ. Fr. NER:; 4,0 °-°y PARCEL 2: >3,578 SQ. FT. ± ✓ /TY OF L C/TY -Of'' a o /rr2c NALacy -02 Y o : 'a 100' ZONING PARCEL f : RS2 PARCEL 2 : R S 2 BOUNDARYZ ts�, 0 :3 C/rrrrl XIST. OBER NER: USE MOYED ls, BOUNDARY 1 BRYAN WNELCNEL o ti 558-790-19 1 1 EX/ST.OARAOE� TO REMAIN 572°05'50 "lN 92.73' (N 70 *stir 14Z50 =MAP 1785) !' -•C OT,Y£558-f90-04 T/ONA �1I1� �f 'Lj • , /� V 1 11 „1'i 1 :J USAGE PARCEL f : SINGE FAMILY PARCEL 2 : STiPEET(EUCL/D AVE.) AND SLOPER/GHTS EASEMENT VICINITY MAP OWNER C'IrYorNAT/ONAL CITY ADDRESS >243NAT/ONAL CITY BL{VD.,NAT/OVAL C/TY, PHONE NO. 326-4200 CAL/F. S 1141 ;TURE ►w•.1 •,DD•.t Sc. IONE NI). "kola. NOT TO SCALE OWNER -BRYAN WHELCWEL ADDRESS _1723ORANGE ST.,NAT/ONAL C/TY,CALF. PHONE NO. --• 92050 SIGNATURE HAP PREPARED BY ALGERT ENO/NEER/NG, /NC. ADDRESS 428BROADWAY MLA V/STA, CA.920/0 PHONE NO.-420-7090 R.E. NO.19073 JAMES N. ALGERT APPROVALS: PLANNING DEPT.: BY:. DATE: E N!i1NEERING DEPA':TIIENT: BY: DATE: RECORDATION: . RECORDED BY COUNTY RECORDER: DUL(J 1ENT NO. DP, TE: EXNi8iT- I - J.N. 4539