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HomeMy WebLinkAboutCC RESO 15,010RESOLUTION NO. 15,010 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, FAMPEL OF SAN DIEGO, INC. AND DEL RIO CORPORATION FOR COMMON DRIVEWAY PAVEMENTS BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute a Maintenance Agreement between the City of National City, Fampel of San Diego, Inc. and Del Rio Corporation for the common asphalt concrete driveways serving lots 1, 2 and 3 (see Plat 1) and lots 4, 5 and 7 (see Plat 2) described in Exhibit "A". PASSED and ADOPTED this 8th day of July, 1986. ATTEST: Ion Campbell, City ?Zlerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney RECORDED REQUESTED BY WHEN RECORDED MAIL TO CITY OF NATIONAL CITY 1243 NATIONAL BLVD. NATIONAL CITY, CA MAINTENANCE AGREEMENT This Agreement is made as of this 8th day of July , by and between FAMPEL of San Diego, Inc. a California Corporation, Del Rio Corporation, ("OWNERS") and the City of National City, a municipal corporation ("CITY") with respect to the following facts: A. Owners have made application to the City for approvals of Casas Bonita Subdivision Map within the City of National City at the real property described in Exhibit A attached hereto ("PROPERTY "). B. As a condition to City's approval for the development of the subdivision, City requires that owners agree to provide certain maintenance measures in the future in the event such measures are required for public safety reasons. NOW, THEREFORE City and owners agree as follows: 1. In the event the City Engineer determines that for public safety reasons the asphalt concrete driveway pavements serving lots 1 through 7 require resurfacing or any other type of maintenance work, the owners shall have this work performed at their cost and expense within sixty days of being provided with written notice to do said work by the City Engineer. -h. C, � `1te. /J oio 2. In the event the City Engineer of the City believe that such additional maintenance measures are required, representatives of the City shall meet and confer with representatives of the owner to discuss such additional maintenance measures and following such meetings, the City Engineer and/or the City Manager shall give owner written notice prior to requiring the resurfacing or any other types of maintenance work required for the asphalt concerte driveways. 3. Covenants contained herein shall run with the Property and shall insure to the benefit of and be binding upon the successive owners of the Property and the City. 4. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of California. 5. This Agreement shall be binding upon and insure to the benefit of the parties and their respective heirs, legatees, legal representatives, successors and assigns. 6. This Agreement may be amended, modified or changed by the written consent of the parties. 7. This Agreement shall be recorded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. APPROVED AS TO FORM George H. Eiser, III City At j ey CITY OF NATIONAL CITY A MUNICIPAL CORPORATION FAMPEL OF SAN DIEGO, Inc., a California Corporation By: Del Rio Corporation, a California Corporation. By: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the of CITY OF NATIONAL CITY, a municipal corporation that executed the within instrument and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. On :u ut, t.i9 gio before me, the undersigned, a Notary Public in and for said State, personally appeared Zo RE(E C RV X personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the PR E31D Eir of the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature ���j•L„cuX*�-�� OFFICIAL SEAL GEP.ARD M DONOVAN NOTARY PUBLIC - CALIFORNIA `i.. \\ � SAN DIEGO COUNTY �.^� My comm. expires MAR 28, 1983 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the of CITY OF NATIONAL CITY, a municipal corporation that executed the within instrument and acknowledged to me that such municipal corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. !•WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. On -.%i��/ / MC before me, the /undersigned, as Notary Puublic//in and for said State, personally appeared L///.S ,44 4AG‘--s personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the 11ZS/IJ6✓f of the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature Alatai u: F[CLAL SEAL, JORGE CRUZ NOTARY PUELIC • CALIFORNIA SAN DIEGO COUNTY My Comm. Expires lune 12, 1987 EXHIBIT A (Description of Property) CASAS BONITA, being a subdivision of lot 33 of Bonita Greens, in the City of National City, County of San Diego, State of California, according to map thereof No. 8575, filed in the office of the County Recorder of San Diego County May 6, 1977. YW WEETWATE'R 0 00 " iVt7 At/D. N 73°.o'35' c N«°z3'zs"w��-- -to '4=0""L-/5.7r N 73'236'351 it//6°Z3'2S414/ 2.(2.Ov' �---�= LOT I j.:'►, -9,PE4) G5•7 sD. ,c74. 6 e 'S5 A/6T- &O. 00' N 0 h SEE E. 5eM64/7" 4/O7E' RD.tio.3. 0.03 i0o. 00 /30.03 ' /DO DD c'z 3 2.5621'v a j I N NET A,2EA 5Q. FT. N7/'0 'S7 "E • G.POSS A.2EA-7572 SO..cT , /5 .v73°3a'3S'E 5.00' ° 23'251'!v Za.00' 0,8. Or 6.17 A/70'0/40/E /28. %2' N 73'38'32 "E /55. 53 " LOT- 3 NET ce 6 '0SS A.PEA = a 048 So. F T. 1.1 LOTS h' NET 4`G-RosS AREA-5247 SQ. F"T. it• a 4 F . I 5 7'E 0 0 S hEE. TWA TER 1' f?EGI NI�U/SH ACCESS T4 fi` ' ANL7 FROA4 SYt/-TWA 7r2 Rd• 33/ cam' 78. a 5' SEE EASMEM'NOT _ L. OT 4 AeeA ' 72/ 7 S-4• Ff. G' Po55 0 hN cage° 54. Ft NET /5.0/' /5.0/' L=/57// /t/68- 6,8'4B78"E 5.00 , it/ 2/".//42 V/ 2D S�//!ArvG SET�cf�G/x/e I3�— • 7249' s 87,50 36.58' 57 /2', 72. /3 • /S.A/- 5•47Z' 3o a•2'-'' N7/'00'57"E lv A/7/z'09'57'1 •/5.0/' /5.0 LOT 7 NET .A,2EA = 62 SCJ r G,20SS A�PEA at 5080 4- 3.3/'/8" iV4e=,.00' L= 58.33' 25' /a' LOT =765 "-` Geoss 74 28 5-pF7z. AJef: /5,71, Nb8 4"43 '/8 "E /�A) C _ : �N Z/a/l �4Z ~W `e-. N i 1v84B/8 aE 5.0 542 -r3a- OZ' ZO3.5/' O.00 to 4/2/a//42"m/ 20.00 -. - B5 9 /0/. 00' O L OT 6 • NET AEEA = 7905 so. FT. C.izoss A,E'EA • 4 370 SO.F7 0 ti c0