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Home My WebLink AboutCC RESO 13,942RESOLUTION NO. 13,942 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant of Easement for storm drain from Pacific/DSL No. 1, a joint venture) 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 or easement upon real estate to the City of National City: EASEMENT from PACIFIC/DSL No. 1, a joint venture, for a public storm drain, Parcel 8 of Parcel Map No. 12079, South Bay Plaza, Phase II. PASSED AND ADOPTED this 4th day of January, 1983. ATTEST: After recording Mail To: Dated November 3, 1982 Witness to the signature(s) of By On tin undersign California, STATE OF CALIFORNIA t 7 SS. COUNTY OF SAN DIEGO. I day of , 19 ore the a Notary Public in o•d for the County of San Div •. State of 'ding therein, duly commissioned and sworn, pen• ally appeared personally known to to be the person whose •me is subscribed to the within instrument as o s.•scribing witness ther by me being duly sworn, deposed and said that he sides in said my of Son Diego, State of California; that he was present ••d sa personally known by him • be the same per . . . described in and whose name's) subscribed to a within instrument as • ty;parties thereto sign and execute the same a • that he. the offiont, then •nd there subscribed his name to the withi instrument as a witness. IN WITNESS REOF, I here hereunto set my hand an• affixed my Officio' Seal the de and year in this certificate first above writt SEAL Notary Public in and far the said County and Stole City of National City Civic Center 1243 National Avenue National City, California 92050 Attn: City Clerk recording requested by City of National City no documentary tax due, per Revenue and Taxation Code 11922 (amended) This space for recorder's use EASEMENT FOR A VALUABLE CONSIDERATION. PACIFIC/DSL NO. 1, a joint venture composed of PACoIFIC INVESTORS GROUP a California Corporation, and DSL SERVICE COMPANY, a a ifornia rppora ion HEREBY GRANT(S) to the City of National City, a municipal corporation in the County of San Diego, State of California, a permanent easement and right-of-way to construct, reconstruct. maintain, operate and repair STORM DRAINS including any or all apurtenances thereto. together with the right of ingress and egress, over, under, along and across all that real property situated in the City of National City. County of San Diego. State of California. described as follows: See attached Exhibit A (Three Sheets) PACIFIC/.Q.S.L...NQ...... a joint venture By PACIFIC INVESTORS CROUP, joint venturer By: Dennis M. Berryman-, President By: Arn K. Youngman, Secretary By DSL SERVICE COMPANY? joint venturer By: z(' r~ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property con- veyed by this instrument to the City of National City, a municipal corporation is hereby accepted by order of the City Council per Resolution No. /..1.i-.?.'`-Y dated rtl.4-.19 5.3 and the Grantee consents to the recorda- tion thereof by its duly 'aiitfsorid officer. Dated .0-i/6Vram- National City Engih@ering Dept. T,fo•• 5562 • Ref. Date Ckd W 7:/i•RDate PfDEC1982 RE-4 — 5-74 1958 CA 18-74) oint Venture - By corporate joint venturer) STATE OF CALIFORNIA COUNTY OF Orange } SS. On.)LO " vJ I f 12. before me, the undersigned, a Notary [IFNNIS M RERRYMAN —and appeared to me to be the President and Secretary, respectively of the corporation that executed the within instrument. said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of__PAGIFICJDNQ• the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same both individu- ally and as joint venturer of said joint venture and that such joint venture also executed the same. WITNESS my hand and official seal. • Signature 1958 CA 18 )91 Joint Venture - By corporate joint venturer) STATE OF CALIFORNIA COUNTY OF Orange( SS. TITLE INSURANCE AND TRUST ATOM. 00111/011I Public in and for said State, personally ARN K. YOUNGMAN known PACIFIC INVESTORS GROUP 4•r.3114CIADCf4t Or r1'..1AL CEAI. V{RGiHIA M. EUR'AHARDT NOTARY PU81,IC • CA; IFOONIA PP}NC?AL Oi T iuE IN ORANGE COUNTY d 41y Camrrhslcn E. f eb. 25,1935''f (This area for otcial notarial seal) NITRE INSURANCE AND TRUST AnC011 COYrM1 v 0,November 9, 1982 before me. the undersigned. a Notary public in and fv`-sa t rsonally appeared B.J. Brehm and Rosemarie i�aC ` 15Y�` known to me to be the Vice President and AS S1Stat se ttcretary, respectively of DSL Service CQTt)x71117 the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of PACIFIC/DSL NO. 1 , the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same both individu- ally and as joint venturer of said joint venture and that such joint senitlre also executed the same. WITNESS my hand and official seal._ ` /. -f i' Signatur I�r`�� • •. OFftCIAt. SEAL. • • ::%� i:, JOAN E. MIGEOT • .�! NOTARY RUELIC-CALIFORNIA : • � PRlNcl►AI "f rtr.t .. • •• ORANGE COUNTY i My Commission Expires Dec. 13. 1982 c PLAT TO ACCOMPANY ENGINEER'S DESCRIPTION (STORM DRAIN E .SEM_NT) PLAZA BL VD. d = 45 "00 Oo R = /5.3/ L=/2.02. 5 I6,./9'03.6 /6 6./ PARCC-L N 73-40.57E 8.83 PARCEL 8 SCALE N79*46.O5-W /2.46. N 79 dG.05 -W 6,3.Z2. \--75/6./903= `d \ 47.40'4.1 \ \ '1):-/-\FK-P-,I J/JAP N.O. 12J79 �I Vl 556a 'j G/.T. /2//4/82 ..; J.P. _.-AT /2//4182 EXHIBIT "A" --=- - - (Sheet l of 3) City acknowledges that Pacific/DSL No. I intends to construct a shopping center on the land of which the easement is a part. City further acknowledges that all or a portion of the surface of said easement area will be landscaped and/or paved by Pacific DSL No. 1 and utilized as drive -through area and parking area for said shopping center. City agrees to utilize said easement so as to minimize any disruption to the operation of said shopping center, and that in the event it becomes necessary to disrupt the surface of said easement area, City will restore the surface to a substantially similar condition in which it existed immediately prior to such disruption. This grant of easement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. In the event of any controversy, claim or dispute relating to this grant of easement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. EXHIBIT "A" (Sheet 2 of 3) C E81031-001 ENGINEER'S DESCRIPTION STORM DRAIN EASEMENT An easement for a public storm drain in, on and through Parcel 8 of Parcel Map No. 12079 recorded April 29, 1982 in the Office of the County Recorder of the County of San Diego, State of California, more particularly described as follows: Parcel A A strip of land 20 feet wide, the center line of which is described as follows: Commencing at the Northeast corner of Parcel 8 of said Parcel map; Thence North 79°46'05" West along the Northerly parcel boundary of said Parcel 8 63.22 feet to a point hereinafter referred to as Point "A" also being the TRUE POINT OF BEGINNING; Thence leaving the Northerly line of Parcel 8 South 16°19'03" East 47.60 feet; Thence South 18°19'57" West 23.84 feet; Thence South 36°54'00" West 116.99 feet more or less to the Southerly line of said Parcel 8, the side lines of said strip shall be lengthened or foreshor- tened as to terminate in the Northerly and Southerly boundary of Parcel 8 of said Parcel Map Number 12079. Parcel B Commencing at the aforementioned Point "A" in Parcel A also being the TRUE POINT OF BEGINNING; Thence along the Northerly boundary of said Parcel 3 North 79°46'05" West 12.46 feet to the beginning of a tangent 15.31 foot radius curve concave North- easterly; Thence along said curve through a central angle of 45°00'00" a distance of 12.02 feet; Thence South 16°19'03" East 16.61 feet; Thence North 73°40'57" East 8.83 feet more or less to the Westerly boun- dary of Parcel A said point bearing South 61°19'16" West 10.24 feet more or less from the TRUE POINT OF BEGINNING; EXCEPTING those portions lying within Parcel A above described. 5562 EXHIBIT "A" (Sheet 3 of 3) 5