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Home My WebLink AboutCC RESO 14,877RESOLUTION NO. 14,877 RESOLUTION AUTHORIZING THE CITY MANS TO EXECUTE AN EASEMENT AGREEMENT FOR SEWER PURPOSES BETWEEN (MARK DEVELOPMENT COMPANY AND JEAN O'GORMAN BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute on behalf of the City, an Easement Agreement between Odmark Development Company (Developer of the Bonita Valley Residential Project), Jean O'Gorman, a single woman (Landowner), and the City of National City as it applies to the installation of a sewer line across Landowner's property (as described in Exhibit "A" of the Easement Agreement) for the use and benefit of the City of National City. PASSED and ADOPTW this 25th day of Febru Rile Morgan, ATTEST: e Campbell, City Clerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney yor EASEMENT AGREEMENT This Agreement is entered into this 7th day of February, 1986, by and between Jean O'Gorman, a single woman ("Landowner"), The Odmark Development Company, a corporation ("Developer"), and the City of National City, a municipal corporation organized under the laws of California (the "City"). RECITALS 1. Developer desires to develop certain real property with residential dwellings to be known as the Bonita Valley Residential Project (the "Project"). 2. The City of National City requires that the Project be provided with sewer service. 3. Developer has determined that it can most efficiently provide sewer services by installing a sewer line across Landowner's property (the "Sewer Line"). 4. Developer desires to purchase an easement across Landowner's property for the use and benefit of the City for the construction and maintenance of the Sewer Line, including an unpaved, all-weather road for ingress to and egress from the Sewer Line. 5. Landowner desires to sell an easement to Developer on the terms and conditions contained in this Agreement. NOW, THEREFORE, based on the warranties and covenants contained herein and certain other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Landowner shall grant a permanent non-exclusive 20-foot wide easement to the City for the purpose of installing and maintaining the Sewer Line, including installation and maintenance of an unpaved, all-weather road for ingress to and egress from the Sewer Line. The easement shall run generally along the southern boundary of Landowner's property and is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Landowner agrees not to erect any improvements on said easement. 2. Construction Easement. Landowner shall grant an additional 50-foot wide easement northwest of the easement described above, for the purpose of and only during the time of construction of the Sewer Line. 3. Compensation. Prior to granting of the easement or commencement of construction, Developer shall pay $4,928 to Landowner. Furthermore, Developer and the City agree that Landowner and her heirs, successors and assignees may utilize the sewer at any time in the future for any lawful residential purpose without becoming liable for any connection charges or any other payments to Developer or the City with regard to construction cost of the sewer. Landowner shall be liable for standard sewer use -2- charges imposed by the City following Landowner's connection to the sewer. 4. Construction. During the period of construction, Developer agrees to minimize use of the construction easement to the greatest extent possible, including, but not limited to parking, turning, repairing and refueling construction vehicles on Developer's property whenever possible. Developer also agrees not to make any permanent alterations of the construction easement, including cutting of trees or resloping of ground except to the minimum extent absolutely necessary to complete construction. Developer agrees that within 30 days following completion of construction, it shall restore the construction easement to its original condition, including removing all dirt and debris placed on the construction easement, if Landowner does not specifically consent to a specific deposit of fill on the construction easement, and replanting of trees wherever they have been removed. Developer agrees that it may not at any time use the construction easement as a source of fill dirt for any purpose whether permanent or temporary. 5. Deed to Landowner. Within thirty (30) days following completion of construction and following restoration of the construction easement, Developer and the City shall execute and deliver a quitclaim deed to Landowner releasing any and all claims that Developer or the City may have to the construction easement. -3- 6. Permanent Easement. Developer and the City agree that they shall make only the minimum modifications to the permanent easement that are required to install the Sewer Line and to allow reasonable access for maintenance thereof, including an unpaved, all-weather road for ingress to and egress from the Sewer Line. Developer and the City shall make every effort to maintain the permanent easement in its current condition including the slope of the land and the vegetation, with the exception of the roadbed itself. Neither the City nor the Developer may use the easement at any time for any purpose other than construction or maintenance of the Sewer Line, and an ingress/egress road. 7. Indemnification. Subject to the provisions of #18, the Developer and the City shall indemnify and hold Landowner harmless from any and all liability arising out of Developer±s or the City's use of the easement, provision of sewer services, or the operation, faults or failures of the Sewer Line. 8. Assignment. This Agreement may not be assigned or encumbered in any manner by Developer or the City without the prior express written consent of the Landowner. 9. Attorneys' Fees. In the event either party deems it necessary or advisable to commence, prosecute, or defend any court action arising out of, or in any way connected with, this Agreement, or any rights of Developer or Landowner with respect thereto, the prevailing party -4- shall recover reasonable attorneys±s fees and court costs from the other party. 10. California Law. It is the intention of the parties that California law govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 11. Severability. If one or more of the terms, conditions, covenants or agreements hereunder should be contrary to or prohibited by law, then such term, condition, covenant or agreement shall be null and void and shall be deemed severable from the remaining provisions of this Agreement and shall in no way affect the validity of the remainder of this Agreement. 12. Notice. All notices, requests, demands, and other communications under this Agreement shall be in writing and deemed to have been duly given on the date of delivery, if personally delivered to the person to whom notice is to be given, or on the second day after mailing, if mailed to the person to whom notice is to be given by first class mail, postage prepaid, and properly addressed to the party at the address following their signature. 13. Gender and Number. As used in this Agreement, words used in the masculine gender include the feminine and neuter, singular includes plural, and plural includes singular. 14. Heirs, Successors, and Assigns. Subject to the provisions of Paragraph 8 herein, this Agreement shall -5- accrue to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto. 15. Counterparts. This Agreement may be executed in counterparts and as executed shall constitute one agreement, binding on all the parties hereto, even though all parties do not sign the original or the same counterpart. 16. Amendments. No amendments hereto shall be valid unless made in writing and signed by both of the parties hereto. 17. Headings. The paragraph headings contained herein are for the purposes of convenience only and shall not be considered in construing this Agreement. 18. Notwithstanding any other provision here of to the contrary, Developer's obligations hereunder shall cease and terminate and City's obligations hereunder shall commence upon City's acceptance of the Sewer Line improvements to be constructed under the subject easement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. "Developer" THE ODMARK DEVELOPMENT COMPANY, a Corporation By ed P. Odmark 1747 Hancock Street, Suite B San Diego, California 92101 "Landowner" By J AN O'GORMAN 3410 Valley Rd. Bonita, California 92002 "City" NATIONAL CITY, a municipal corpora By -6- 122:466LEGAL 1/29/86 A.P.N. 591-100-31 O'GORMAN EXHIBIT A THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF QUARTER SECTION 83 OF RANCHO DE LA NACION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF OF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869, DESCRIBED AS FOLLOWS: PARCEL 1 THAT PORTION OF LAND GRANTED TO ANTHONY AND JEAN O'GORMAN, HUSBAND AND WIFE, AS JOINT TENANTS, BY GRANT DEED RECORDED AUGUST 6, 1962 AS F/P 133156 AT PAGE 306 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER. OF SAN DIEGO COUNTY. LYING 10.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SWEETWATER ROAD, AS SHOWN ON ROAD SURVEY NO. 1323, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY AND THE SOUTHEASTERLY PROLONGATION OF A LINE PARALLEL WITH AND AT A PERPENDICULAR DISTANCE OF 10.00 FEET SOUTHWESTERLY FROM THE WESTERLY LINE OF SAID QUARTER SECTION 83 THENCE NORTH 18°06'09 " WEST, ALONG SAID PARALLEL LINE, 57.25 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF QUARTER SECTION 100 OF SAID RANCHO DE LA NACION; THENCE CONTINUING ALONG SAID PARALLEL LINE, NORTH 18°06'09 " .WEST, 339.95 FEET; THENCE NORTH 71°53'51 " EAST, 75.64 FEET; THENCE NORTH 25°07'09 " EAST, 115.69 FEET TO A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE, 64.16 FEET, THROUGH A CENTRAL ANGLE OF 28°16'42 "; THENCE NORTH 53°23'51 " EAST, 230.93 FEET TO A TANGENT 130.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERY; THENCE NORTHEASTERLY ALONG SAID CURVE, 51.39 FEET, THROUGH A CENTRAL ANGLE OF 22°39'00 "; THENCE NORTH 30°44'51 " EAST, 190.16 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 6-B IN DEED TO PACIFIC COAST PROPERTIES, INC., RECORDED JUNE 24, 1960 AS DOCUMENT NO. 128812 OF O.R.. 122:466LEGAL 1/29/86 A.P.N. 591-100-31 O'GORMAN (Page 2) PARCEL 2 THAT PORTION OF LAND GRANTED TO ANTHONY AND JEAN O'GORMAN, HUSBAND AND WIFE, AS JOINT TENANTS, BY GRANT DEED RECORDED AUGUST 6, 1962 AS F/P 133156 AT PAGE 306 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LOT 18 OF LOMACITAS, ACCORDING TO LICENSED SURVEY MAP THEREOF NO. 282, FILED DECEMBER 24, 1926 AS FILE NO. 78035 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND SOUTHEASTERLY OF THE LINE DESCRIBED IN THE SECOND PARAGRAPH OF PARCEL 1, ABOVE. PARCEL 3 A TEMPORARY CONSTRUCTION EASEMENT, TO REMAIN IN FORCE UNTIL ALL INITIAL CONSTRUCTION OF A SEWER MAIN HAS BEEN COMPLETED AND ACCEPTED BY THE CITY OF NATIONAL CITY. SAID TEMPORARY CONSTRUCTION EASEMENT SHALL BE ALL THAT PORTION OF LAND PRESENTLY OWNED BY THE GRANTOR LYING SOUTHEASTERLY OF A LINE PARALLEL WITH AND AT A PERPENDICULAR DISTANCE OF 50 FEET NORTHWESTERLY FROM THE LINE DESCRIBED ABOVE IN PARCEL 1 AND NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LOT 18 OF SAID LICENSED SURVEY NO. 282. sN Sw= ErI,,4re 72 RD, T JF 3EG,AJA'/A) 6- O 'Go.PMA4%/ APN 591-100-31 wYZ/,vc '/4 5?c, 83 /T.c% of tAt .t/AC/v Al /144P WO /G 6= 28a/6 4i R= /30' L=64,/6, 1041 i• 0" _ cA/s1P.56-« .51)! LAVE of P,9 ?PER r/ES 0.✓ TAIE NORT!/ NMJ [/NE of G,S. 292- READER 2309 i/111l('/ c. he/ ri �n /0 c- �p- L_ _ J. c o 0 h DOC. NO. 128812 • J Sti'. 4 !o (o