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HomeMy WebLinkAboutCC RESO 14,787RESOLUTION NO. 14,787 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR PUMP STATION AT TIDELANDS AVENUE AND 24TH STREET FROM SAN DIEGO UNIFIED PORT DISTRICT BE IT RESOLVED by the City Council of the City of National City, California, as follows: Pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the City of National City: EASEMENT from SAN DIEGO UNIFIED PORT DISTRICT for pump station at Tidelands Avenue and 24th Street in National City, California. PASSED and ADOPTED this 12th day of ,;j*ember, 1985. ATTEST: Ione Campbell, CitJJ Clerk APPROVED AS TO FO George H. Eiser, III - City Attorney Kile Morgan, a or SAN DIEGO UNIFIED �4DISTRICT 1 �CT Document No. Filed( /Office of the Clerk EASEMENT SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, (Grantor), for valuable consideration, grants to CITY OF NATIONAL CITY, a municipal corporation (Grantee), an easement to modify, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: Underground sewer facilities and appurtenances and necessary aboveground facilities and appurtenances as approved in writing by Grantor. The property in which this easement is granted is located in the County of San Diego, State of California, and is described as follows: Approximately 140 square feet of tideland area located in the City of National City, California, more particularly described and delineated on Grantor's Drawing No. 2711-B dated July 10, 1985, attached hereto as Exhibits "A" and "B" and by this reference made a part hereof. 1. Grantee is further granted the right of ingress and egress to, from, and along said easement area via practical routes across the adjacent land of Grantor, said routes to be determined by Grantor from time to time. 2. The term of the easement shall be for a period of Forty (40) years commencing on July 1, 1985, and ending on June 30, 2025, unless sooner terminated as herein provided. 3. No construction or major repairs of any facilities shall commence without prior approval of the plans and specifi- cations by Grantor, except for necessary emergency repairs. In the case of emergency repairs, Grantee shall commence repairs immediately and give Grantor written notification within 10 days of said emergency repair so that the Grantor can inspect said easement area for compliance with the terms and conditions of this easement. Facilities installed pursuant to this easement shall be constructed in a careful and workmanlike manner and shall conform to all applicable laws and regulations. 1 DUPLICATE - ORIGINAL 4. In making any excavation in said easement area, Grantee shall make the excavation in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground and any improvement thereof to as near the same condition as existed prior to such excavation to the extent it is practical to do. 5. Grantor shall not erect, place or construct any building or other structure, plant any tree, drill or dig any well, within said easement area, without prior written consent of Grantee, which consent shall not be unreasonably with- held. 6. Grantor shall not increase or decrease the ground surface elevations within this easement area, without prior written consent of Grantee, which consent shall not be unreasonably withheld. 7. Subject to the review and written approval of improvement plans by Grantee, which approval shall not be unreasonably withheld, but which shall consider Grantee's need to provide adequate protection for Grantee's facilities, Grantor retains the right to construct, reconstruct and maintain aboveground structures, including but not limited to, fences, sidewalks, curbs, gutters, and street and parking lot surfaces or other surfaces that require exca- vation and grading between ground surface and a maximum depth of 18 inches within said easement area. 8. Grantee shall have all rights and powers, but is not hereby obligated, to (i) keep said easement area free and clear from buildings, structures and other materials and (ii) trim or remove trees and brush along or adjacent to said easement area and remove roots from within said easement area whenever Grantee deems it necessary. Said right shall not relieve Grantor of any obligation it may have as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. 9. Grantor may, at its own expense, relocate part or all of the facilities for its convenience; provided, however, each such relocation shall not be made except in accordance with plans and specifications previously submitted to Grantee and approved in writing by Grantee. Grantee agrees that its approval of Grantor's plans and specifications shall not be unreasonably withheld. 2 10. Grantor expressly reserves the right to grant easements in, upon, over, and across the easement granted herein for any purpose whatever not inconsistent or incompatible with the rights and privileges granted by this easement. Nothing herein contained shall be construed as limiting the powers of Grantor to convey, lease, or otherwise transfer or encumber during the term of this easement the lands described herein for any purposes subject to the rights and privileges granted herein. The easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded and unrecorded, affecting said land. 11. Facilities, structures, installations, or improvements of any kind previously placed by Grantor or hereafter placed in said easement area by Grantee shall not be removed by Grantee. At the expiration or sooner termination of this easement, title to said facilities, structures, instal- lations or improvements shall vest in Grantor without cost to Grantor and without any payment to Grantee. 12. Grantee shall at all times indemnify and save harmless Grantor against and pay in full any and all loss, damage, or expense that Grantor may sustain, incur, or become liable for, resulting in any manner from the maintenance or state of repair of Grantee's facilities and that of all fixtures and equipment used in connection therewith, including any such loss, damage or expense arising out of (i) loss of or damage to property, and (ii) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting in any manner from the negligent act or acts of the Grantor, its contractors, officers, agents, or employees. 13. In the event Grantee, in its sole discretion, determines that this easement is no longer required for the conduct of its business or if this easement is abandoned by Grantee, Grantee shall furnish Grantor upon demand a good and sufficient Quitclaim Deed of all of Grantee's right, title and interest in and to this easement. Notwith- standing the foregoing, in the event of non-use or abandonment of Grantee's facilities for a period of one year, Grantor shall have the right to terminate this ease- ment, and upon written request, Grantee shall provide Grantor a Quitclaim Deed as described above. 14. This easement and any covenants, conditions and restrictions contained herein, shall run with the land, and be binding upon and inure to the benefit of the successors, heirs, executors, administrators, permittees, licensees, agents, and assigns of Grantor and Grantee. 3 15. It is an express condition of this easement that the easement shall not be complete nor effective until signed by all parties. DATE: APPROVED: , 19I. As to form and legality BYpPatello qtiti/j MUST T Port Attorney As to engineering and legal description ,ohn E. B. Wilbur Chief Engineer CITY OF NATIONAL CITY By Title: Mayor (Grantor Acknowledgment) State of California) County of San Diego)ss. On this t.. day of before me, A 04 p ,q car-( SAN DIEGO UNIFIED PORT DISTRICT 4 Director , 198 %, , the undersigned Notary Public, pernally appeared 41.-+9- 25 f- i e / cj .. 6-79- //i personally known to me proved to me on the basis of satisfactory evidence to be ) he persoq who executed this instrument as AJ',r 7- p/- f % i^ E L Q /^ of the San Diego Unified Port District, a public corporation, and acknowledged to me that the public corporation executed it. WITNESS my hand and official seal. OFFICIAL SAL :✓'`` _ I.OR^fTA COY L. i ✓ SA11 Di=GD COt "-r My comm. expi:cs AUG 13, 1986 dt?- 4 (Grantee Acknowledgment) State of California) County of San Diego)ss. On this 2 `' d y of �� L/ , 198 before me, �.`, L1,_ .a , the undersigned Npftary Public; personally appeared L •ersonally known to e proved to me on the basis of satisfactory evidence to be the person who executed this instrument as 7 of the City of National City, a( unicipal corporation, and acknowledged to me that the corpora ion executed it. WITNESS my hand and official seal. 5 Being a 6.0 foot by 23.3 foot rectangular easement area for sewer purposes situated in those portions of the tide submerged or filled lands for the Bay of San Diego, in the City of National City, County of San Diego, State of California; also being portions of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California entitled "San Diego Unified Port District Act," Statutes of 1962, First Extraordinary Session, Chapter 67, as amended. Said easement area being more par- ticularly described as follows: Commencing at the point of intersection of the northerly right of way line of 24th Street in the City of National City with the Mean High Tide Line for the Bay of San Diego, as said that portion of the Mean High Tide Line is delineated on Miscellaneous Map No. 185, filed October 16, 1946 in the Office of the San Diego County Recorder, said point also lies south 18°06'43" east and distant 100.03 feet along said Mean High Tide Line from D'Hemecort Station No. 48; thence along said northerly right of way line of 24th Street south 71°44'34" west a distance of 20.00 feet to the northeasterly corner point of the herein described easement, said easement lying parallel to and distant 6.0 feet westerly from the westerly limit line of an existing sewer ease- ment area as reserved by the City of National City Document No. 32405, filed March 1, 1963, in the Office of the City Clerk, and extending southerly 23.3 feet from the said northerly right of way line of 24th Street, containing approximately 140 square feet of tideland area. The above described easement area is that delineated on Drawing No. 2711-8, dated July 10, 1985, and made a part of this agreement. REVISED: DRAWN RWB/mn CHECKED RWJ REVIEWED IL!'a APPROVED ti SAN DIEGO UNIFIED PORT DISTRICT TIDELAND EASEMENT Within Corporate Limits of National City CITY OF NATIONAL CITY DATE 10 July 1985 SCALE REF DRAWING NO. 2711-B CHIEF ENGINEER EXHIBIT "A" _ .vos .4 vE—,vvE- G'C/.Qer �I+ a ..k=bC E-�'/sue' .sFyvE-,Q E's/y•rs -city OF A/Ar'L C/ryi CN C. OOc.-.2st05 REVISED: , t 14/ .4//Gt/ 7/oE G/i✓� girl/SC. M<P .c/O. 2/99 flo G.41./E" Cam' et7 'E8M T 5"Ov 7-,4,. BA y /R.v/GA T/O.✓ O/STR/c r 32' :s' /t/orGY E.oeErn7e-/vr AREA syot*A/ '. B a1q ,c/GS Q.vo O/✓6'r<l.1/CES aa�-E-o o.✓ 4'47L0 7-041/A/ " C0412RG/4/.4 rE DRAWN IBOUR.GC,E CHEC%ED R�7.J�OHNSON REVIEWED C. LO . ATIALA APPROVED £/S C�cG1n.� CHIEF ENGINEER SAN DIEGO UNIFIED PORT DISTRICT r/DFL A/✓O E.4SEMFit�r /t T/I/.✓ TC' G /M/7-9 Of .✓LJT/Oi✓AG C/TY C/T Y OF 4/.4! T/OrV.4L C/TY DATE /O e/UG SCALE " REF. 98, 8E-P7 DRAWING NO. EXHIBIT "B" '