HomeMy WebLinkAboutCC RESO 14,878RESOLUTION NO. 14,878
RESOLUTION AUTHORIZING AM CITY MANAGER TO
EXECUTE AN EASEMENT AGREEMENT FOR SEWER PURPOSES
BETWEEN ODM RK DEVELOPMENT COMPANY AND EDWIN M. CAMPBELL
AND JANE F. CAMPBELL
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), Edwin M. Campbell and
Jane F. Campbell, husband and wife (Landowners), and the City of National
City as it applies to the installation of a sewer line across Landowners'
property (as described in Exhibit "A" of the Easement Agreement) for the
use and benefit of the City of National City.
PASSED and ADOPTED this 25th day of Februar
Rile Morgan
ATTEST:
Ic76 Campbell, CiClerk
APPROVED AS TO FORM:
At
George H. Eiser, III - City Attorney
EASEMENT AGREEMENT
This Agreement is entered into this 7th day of
February, 1986, by and between Edwin M. Campbell and Jane F.
Campbell, husband and wife ("Landowners"), 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 Landowners' property (the "Sewer Line").
4. Developer desires to purchase an easement
across Landowners' 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. Landowners desire 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
acknowledged, the parties hereto agree as follows:
1. Landowners shall grant a permanent
non-exclusive 20-foot wide easement to the City for
hereby
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. Landowners agree 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 $3,778 to Landowners. Furthermore, Developer and the
City agree that Landowners and their 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. Landowners shall be liable for standard sewer
-2-
use charges imposed by the City following Landowners'
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 Landowners. 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
-3-
Landowners releasing any and all claims that Developer or
the City may have to the construction easement.
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
Landowners 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
Landowners.
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
-4-
connected with, this Agreement, or any rights of Developer
or Landowner with respect thereto, the prevailing party
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.
-5-
14. Heirs, Successors, and Assigns. Subject to
the provisions of Paragraph 8 herein, this Agreement shall
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.
-6-
"Developer"
THE ODMARK DEVELOPMENT
COMPANY, a Corporation
Ted P. Odmark, President
1747 Hancock Street, Suite B
San Diego, California 92101
"City"
NATIONAL CITY, a municipal
corporation
By
-7-
"Landowners"
By ,a40%;10"#•rofi-dell
EDWIN M. CAMPBELL
F. CAMPBELL
Valley Road
Bonita, California
92002
EXHIBIT "A"
PARCEL 1
122:466LEGAL
1/29/86
A.P.N. 591-100-25
CAMPBELL
THAT PORTION OF THE NORTHEASTERLY 185.00 FEET OF . THE
SOUTHWESTERLY 405.00 FEET 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 NO. 166, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11,
1869 LYING 10.00 FEET NORTHWESTERLY OF AND ALSO LYING
NORTHWESTERLY OF THE NORTHWESTERLY LINES OF LOTS 17 AND 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
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, 171.46 FEET; THENCE NORTH 3°01'19" EAST, 135.92
FEET TO A TANGENT 124.22 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 47.96 FEET, THROUGH A
CENTRAL ANGLE OF 22°07'12" 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
NORTHWESTERLY; 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..
PARCEL 2
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 EASEMENT SHALL BE
ALL THAT PORTION OF LAND 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 LINES OF LOTS 17 AND 18 OF SAID LICENSED SURVEY
NO. 282.
2w y, L/AJE
//4SEC,8'3
/PA/a.. ,V,9c/v v
/ 44P WO. is
R= /30'
IN* L=4,4162
0 Le
or 1
2 I/ M.
CNN
D iGo, 1A%f/
kft
ti
O.
O
S
2
a
I
84
rA/ATLr/2 RD,
PT DF gEG/ JA)/N(r
APN 591-100-25
f
jt\k2
t_ c, /// /"/ i
a
LINE of
P,? PER77E3
OA/ 7 /E AIoRri/
NizA). l/NE of
L, S. Z92-
83
aD
/PEADE.P CO
h-s`
o M
N d
1
N 1(�
„ � oet,
✓ AO
�• J
/
, n
/c?/,,9 T OF SEW&R E siw'T
,, • /
i4l.4-CoCv