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Home My WebLink AboutCC RESO 14,168RESOLUTION NO. 14,168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALFORNIA, APPROVING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GREAT AMERICAN FEDERAL SAVING BANK (MAINTENANCE OF PARADISE CREEK CHANNEL) BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute that certain Agreement between the City of National City and Great American Federal Savings Bank for maintenance of Paradise Creek Channel and right to enter for maintenance and repair purposes. PASSED AND ADOPTED this 1st day of November, 1983. ATTEST: , RINWM AGREEMENT FOR MAINTENANCE OF PARADISE CREEK CHANNEL, ET AL AND RIGHT TO ENTER FOR MAINTENANCE AND REPAIR PURPOSES BETWEEN THE CITY OF NATIONAL CITY AND GREAT AMERICAN FEDERAL SAVINGS BANK WHEREAS, THE CITY OF NATIONAL CITY, a municipal corporation ("City") and GREAT AMERICAN FEDERAL SAVINGS BANK ("Bank") have previously agreed to exchange parcels of property reflected on Map 5510-D prepared by City, a copy of which map is attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, City and Bank desire to provide for the maintenance of their respective properties in and around Paradise Creek Channel as shown on Map 5510-D including City owned land bordering on Wilson and 22nd Street that abuts Bank's property in that location, and to provide for access to private properties owned by Bank by City forces for maintenance and repair of said channel, as this Agreement and other needs may require; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other good and sufficient consideration the parties hereto do agree as follows: Section 1. Maintenance of City owned property by Bank Bank agrees to maintain the landscaping on City owned property shown on Map 5510-D along and in Paradise Creek Channel, (City property to be maintained by Bank as shown on Map 5510-D is shaded in light blue and labeled under the "legend" as "City property to be maintained by Great American Federal"). The maintenance to be performed will be those acts of maintenance necessary to continue the present condition of flourishing plant life (including but not limited to fertilization, replacement, etc.) and to maintain the already installed irrigation system on said property. Section 2. Maintenance of Bank owned property by City and City property abutting Wilson and 22nd Street City agrees to maintain the landscaping on Bank owned property shown on Map 5510-D including City owned property bordering on Wilson and 22nd Street that abuts Bank's property on one side and the streets of Wilson and 22nd Street on the other: (said Bank property to be maintained by City as shown on Map 5510-D as shaded in green and labeled on the "legend" as "Great American Federal property to be maintained by City") and that property directly adjacent as described above. The maintenance to be performed will be those acts of maintenance necessary to continue the present condition of flourishing plant life (including but not limited to fertilization, replacement, etc.) and to maintain the already installed irrigation system on said property. Section 3. Right to Enter onto Bank Property For the term of this Agreement, Bank grants to City a limited right to enter upon Bank's property for the purpose of constructing and maintaining a fence between the points shown on Map 5510-D at the northwesterly and southeasterly corners of the northeast side of Paradise Creek Channel, with gate locations as are indicated on Map 5510-D being outlined in red. Section 4. Right to Approve Fence City shall, prior to commencement of the construction of said fence submit to Bank, specifications, designs, and materials planned for use in construction of the fence for Bank's approval. City further agrees that the approved fence shall be completed no later than December 31, 1983. Section S. Indemnification Each of the parties hereto agrees to hold the other harmless from any liability, act or expense, including attorney's fees and costs of defending suits arising out of and by virtue of the negligent acts or omissions of said party, its servants, agents, or employees in the performance of this Agreement. Section 6. Term This Agreement shall extend for so long as the Paradise Creek Channel exists in its present physical configuration or until Bank sells its property that is the subject of this Agreement or until mutually modified or terminated by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment on the date set below. CITY OF NATIONAL CITY Dated: /!/i/$4 By: Dated: Kite "Morgan, mayor GREAT AMERICAN FEDERAL SAVINGS BANK By: R. A. HENDERSON VICE PRESIDENT TITLE ORDER NO ESCROW NO AFTER RECORDING MAIL TO SAN DIEGO FEDERAL SAVINGS & LOAN A Proper•t•i•es•••Department 610 A St., Suite 301 San Diego, CA 92101 SPACE ABOVE FOR RECORDER'S USE ONLY TAX KULL PARCEL NO. QUITCLAIM DEED 559-t42-4 By this instrument dated November 1, 1983 , for a valuable consideration, The City of National City, a municipal corporation, in the County of San Diego, State of California does.. hereby remise, release and forever quitclaim to San Diego Federal Savings and Loan Association, a U. S. Corporation The following described Real Property in the State of California, County of San Diego. All that portion of block 151 of map of National City No. 348 which was filed in the Office of the County Recorder in the County of San Diego 0 October 2, 1882, more particularly described as follows: Beginning at the northwesterly corner of said block 151, said corner being the TRUE POINT OF BEGINNING, thence easterly along the northerly line of block 151 a distance of 20 feet; thence southerly along a line which is parallel to the westerly line of block 151 a distance of 81.66 feet; thence S 140 58' 05" W a distance of 36.99 feet; thence northerly along the westerly line of block 151, a distance of 112.79 feet to the TRUE POINT OF BEGINNING. SITATE OF CALIFORNIA COUNTY OF On s2.. i / I8.3 before me, the undersigned. a Notary Public in and for said County end State, personally appeared y4/,�£ r— - L known to me to be the persons) whose name(s) is/are subscribed to the within instrument, end acknowledged to me that he/she/they executed the same. WITNESS my hand end Official Seal, Id Notary Public v. N.C. Eng►.Dept. Plo._5:±tV. DATE_1II2c.k sr__!�.�i�1__.___ RFS. 14e.1SE'/I+7__DATE t t JE CITY OF NATIONAL CITY By_ Mayor City Cl rtc .11 �. si? �. -MEOFFICIAL ;A J. IS--t Is41:44^ NOTARY SAN DEGO co ia'Y I 11 m1 Comm. beim Au' t, MI6 Affix IRS $ 500.50.59 1845 CA 0-7A) orporation) &TATE OF CALIFORNIA COUNTY OP Xoar-i 'On oZ,/ v000/5'/ before me, the undersigned, a Notary Public in and for said et known to me to be the ?'1a r rah -1 Pracident an State, personally appeared /) , a known to qte jo Seeretery s of theAcor a ton that c ecut�thin Instrument, r 6.1 known to me to be the persons wit executed the within Instrument on behalf of th „co ton therein named, and t- acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of it its board of directors. TRLEINSURANCE AND TRUST AMOK OOM AnY WITNESS my hand and official seal. }x Signature %rc-. OFFICIAL SEAL MELVA J. WISEMAN NOTATY PUBUC - CAUFOR IA SAN CEGO CCJ.iN1Y My Comm. Eapiras Aug. 1, 1986 (This area for official notarial seal) 4