HomeMy WebLinkAboutCC RESO 13,556RESOLUTION NO. 13,556
RESOLUTION APPROVING REVISED RIGHT-OF-WAY
CONTRACT BETWEEN THE CITY OF NATIONAL CITY
AND MOSES DYE IN CONNECTION WITH EVENTUAL
WIDENING OF DIVISION STREET
WHEREAS, a written agreement was entered into by
th.e City and Moses Dye on December 8, 1979, entitled, "Right -
of -Way Contract - City of National City", hereinafter called
"Agreement"; and,
WHEREAS, for purposes of recordation, it has become
necessary to clarify the terms of said Agreement; and,
WHEREAS, the terms contained in said Agreement and
the necessary clarifications thereto will be wholly set forth
in a "CONTRACT", a copy of which is attached hereto and
incorporated herein as EXHIBIT "A";
NOW THEREFORE BE IT RESOLVED, by the City Council
of the City of National City that the terms in the said
Agreement dated December 8, 1979, and the necessary clarifica-
tions thereto, as wholly set forth in the attached "CONTRACT"
are hereby accepted and approved in their entirety; and,
BE IT FURTHER RESOLVED, by the City Council of
th.e City of National City that the City Engineer is authorized
to execute that contract and th.e City Clerk to attest thereto
and record th.e same.
PASSED AND ADOPTED this 12th. Day of May, 1981.
ATTEST:
/3, -5-
EXHIBIT "B"
That parcel of land described in deed recorded
July 30, 1976, to Moses Dye, as file No. 76-243049
of the official records of San Diego County, State
of California; except thatportion lying Southerly
of the following described line.
Commencing at the Northeast corner of Lot 30
according to Map No. 1608, Millerton Subdivision,
on file in the Recorders Office of said San Diego
County; thence South 00° 44' 27" West along the
Easterly line of said Lot 30 and Lot 29 of said
Millerton Subdivision, a distance of 67.81 feet to
the TRUE POINT OF BEGINNING thence South 72 13'
44" West a distance of 54 feet, more or less, to
a point in the Easterly line of California State
Highway 11-SD-805, THE POINT OF TERMINATION.
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CONTRACT
This contract is between the CITY OF NATIONAL CITY,
CALIFORNIA, hereinafter "CITY" and MOSES DYE, an individual,
hereinafter "DYE".
WHEREAS, an written agreement was entered into by
the CITY and DYE on December 8, 1979 entitled, "RIGHT OF WAY
CONTRACT - City of National City", hereinafter "AGREEMENT".
WHEREAS, it has become necessary to clarify the
terms of this AGREEMENT.
WHEREAS, by this AGREEMENT, the CITY agreed to
construct a sidewalk and driveway in exchange for real property
of DYE to be used for public right of way purposes;
NOW, THEREFORE, in --consideration of the promises
hereinafter made and exchanged, the parties hereto agree as
follows:
1. The CITY and DYE have herein set forth the whole
of their AGREEMENT. The performance of this AGREEMENT
constituted the entire consideration and shall relieve the
CITY of all further obligation to DYE, his successors, heirs,
and assigns for damages, claims, or compensation on account
of the location, grade or construction of the proposed public
improvement.
2. The proposed public improvement is the widening
of Division Street, more specifically described in Exhibit A,
attached hereto and incorporated herein.
3. The CITY shall as part of its proposed public
improvement construct a sidewalk of standard size and a 21-foot
driveway across the frontage on Division Street of the real
property more specifically described in Exhibit B, attached
hereto and incorporated herein; hereinafter the "PROPERTY".
This sidewalk and driveway are more specifically described
in Exhibit A.
4. DYE, his successors, heirs, and assigns shall
grant the CITY and its agent a right to enter the PROPERTY
to construct the proposed public improvements including a
"cut slope" as shown in Exhibit A.
5. DYE has in partial consideration of this
AGREEMENT, conveyed to the CITY the grant deed attached as
Exhibit C. The authorized execution of this contract by
the CITY acknowledges the receipt and acceptance of this
deed.
6. This contract, its covenants, conditions, run
with the land described in Exhibit B for the benefit of DYE,
his successors, heirs, assigns, and the City._
Dated:
CITY OF NATIONAL CITY
Attest:
BY:
City Clerk
City Engineer
MOSES DYE