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HomeMy WebLinkAboutCC RESO 14,197RESOLUTION NO. 14,197 RESOLUTION AUTHORIZING TI-IE MAYOR TO EXECUTE A "TREE AGREEMENT" WITH MRS. J.L. HARRISON (2435 E. 13th STREET) BE IT RESOLVED, by the City Council of the City of National City, California that the Mayor is hereby authorized to execute that certain Tree Agreement between the City of National City and Mrs. J.L. Harrison; necessary for the construction of a cul-de-sac on the west side of 13th Street. PASSED AND ADOPTED this 13th day of December, 1983. ATTEST: 7 CITY CLERK After Recording return to: City Clerk of National City 1243 National City Blvd National City, CA 92050 Mrs. Jeanette L. Harrison 2435 E. 13th Street National City, CA 92050 THE TREE AGREEMENT In the event the Italian Stone Pine (Pinus Pinea), which is located within six (6) feet of the proposed cul-de-sac curb line, does not survive during the five (5) year period following the construction of said cul-de-sac, the property owner will be com- pensated for the loss of said tree by the City of National City in the amount of $2,500. It will be the responsibility of the property owner, prior to the expiration of said five (5) year period, to provide the City Engineer with written notice indicating that said tree is showing definite signs of deterioration and requesting a deter- mination of the survival condition of said tree. Upon receipt of said written notice, the City will proceed with due diligence in accordance with the terms as set forth hereinafter. (1) The demise of said tree must be attributable to said construction and the determination thereof shall be made in writing by a qualified "arboriculturist" and "plant pathologist". (2) The City shall consult with the Farm Advisor, San Diego County Cooperative Extension University of San Diego, regarding the selection of a qualified "arboriculturist" and "plant pathologist". (3) The fee for said written report (findings) shall be borne by the City and a copy of said written report (findings) will be transmitted to the property owner. The property owner (present for repairs to the public street from the continued growth of the The terms and conditions as or future) will not be liable or sidewalk for damages resulting subject tree. set out hereinabove constitute the entire Agreement and supercedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, the City of National City and Jeanette L. Harrison (property owner) have executed this agreement on this d day of -7),-Lehdee. , 1983. Witness to the signature of Jeanette L. Harrison_ STATE OF CALIFORNIA COUNTY OF San Diego aY� } SS. t2„(I72�47) 22ca c�J eanette L.'Harrison On this 30th day of November in the year �983 before me, the undersigned, a Notary Public in and for said County and State, personally appeared W. L. MacFarlane personally known to me (or proved to be such by the oath of a credible witness who is personally known to me) to be the person whose name is subscribed to the within instrument as a witness thereto, who being by me duly sworn, deposed and said, That W. L. MacFarlane resides at 3078 N Park Way. San Diego. CA that W. L. MacFarlane was present and saw Jeanette L. Harrison ,personally known to W. L. MacFarlane to be the person described in, and whose name is subscribed to the within and annexed instrument, execute the same, that the affiant subscribed name thereto as a witness to said execution. Signature c�J Notary Public in and for said County and State CITY OF NATIONAL CITY, a municipal corporation By FOR NOTARY SEAL OR STAMP YLIM1MY OFFICIAL SEAL D. E. SCANNELL NOTARY PUBLIC • CALIFORNIA Principe) Office in San Diego County My Commission Exp. March 16. 1984 -2- STATE OF CALIFO,JtNIA COUNTY OF �Ctiyl, On this /Sdo day of in the year / 9, 3 SS. before me, the undersigned, a/Nory, Public in and for said County and State, � personally appeared t it"#) i'22 411E1 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the within instrument as MLi)L P446446HE•wwd fieeretery-er on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Signature Notary Pub is in and fo said County and State FOR NOTARY SEAL OR STAMP OFFICIAL SEAL MELVA J. WISEMAN NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Aug. 1, 1986 • N 0 ro k i QUARTER SECT/oN /06 Oi RAmcwo DE LA N4c/o.V 14 4P )vo- /66 Ex, / Tree 710 ,ge/7747ii7 ,d = 234'53',56,, L= /5.02• 457-5'4.FT. ti 7/ 36's ••E. 7 /3.8‘' /GS. 87'� ro` k// // of Sec. /0 6 REF HAP ?.855 5388 - og/ -- 08 1 /3 TN . S TREE T 6.0it, /o. 91'720 s/y / A/1.1/2y, ,-¢ 5 I4') i /4r, 1"4 Sec, /o