HomeMy WebLinkAboutCC RESO 99- 179RESOLUTION NO. 99-179
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
ACCEPTING THE CONVEYANCE, AUTHORIZING
THE RECORDATION OF THE EASEMENT DOCUMENT
FOR STREET PURPOSES, AND AUTHORIZING THE
NAMING OF A PARCEL OF LAND AS HARRISON AVENUE
BE IT RESOLVED by the City Council of the City of National City that 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 real estate to the City ofNational City:
EASEMENT DEED dated November 9, 1999, from the Burlington Northern and
Santa Fe Railway Company.
BE IT FURTHER RESOLVED as follows:
1. That the Burlington Northern and Santa Fe Railway Company has conveyed the real property
described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for street purposes.
2. That the CITY OF NATIONAL CITY desires that said property be dedicated for street
purposes.
3. That the described parcel of land in Exhibit "A" shall henceforth be known as a portion of
Harrison Avenue.
PASSED and ADOPTED this 16* day of November, 1999.
ATTEST:
Mich. 1 R. Dalla, Cit Clerk
APPROVED AS TO FORM:
George H. Kiser, III
City Attorney
4z. 22/,
aters, Mayor
J-12861C
Exhibit "A"
ROAD DEDICATION
BNSF Ry. Co.
PARCEL C
Resolution No. 99-179
That portion of the Map of National City in the City of National City, according to Map
No. 348 filed in the Office of the County Recorder of San Diego County, State of
California, described as follows:
Commencing at the most Westerly corner of Block 281 as shown on said Map No.
348; thence South:72°16'01" West 40.00 feet to the TRUE POINT OF BEGINNING;
thence South 17°45'41" East 620.18 feet; thence South 72°16'10" West 9.35 feet
to the beginning of a non -tangent 1622.28 foot radius curve concave Southwesterly,
to which a radial line. bears North 77°02'59" East; thence Southeasterly along the arc
of said curve through a central angle of 02°02'18" a distance of 57.71 feet; thence
South 10°54'43" East 509.15 feet to the beginning of a tangent 1243.11 foot radius
curve concave Northeasterly; thence Southeasterly. along the arc of said curve through
a central angle of 06°22'33" a distance of 138.33 feet; thence South 72°42'44"
West 10.00 feet to the beginning of a non -tangent 1253.11 foot radius curve concave
Northeasterly, to which a radial line bears South 72°42'44" West;. thence
Southeasterly along the arc of said curve through a central angle of 09°19'39" a
distance of 204.00 feet; thence South 85°58'39" West 30.67 feet to the beginning
of a non -tangent 535.00 foot radius curve concave Westerly, to which a radial line
bears. North 85°58'39" East; thence Southerly along the arc of said curve through a
central angle of 10°31'17" a distance of 98.24 feet to a point on the Northerly line
of that deed recorded December 28, 1994 as Document No. 1994-0735221; thence
South 72°10'35" West along said Northerly line 57.71. feet; thence leaving said line
North 09°09'44" East 1.33 feet to the beginning of a tangent 483.00 foot radius
curve concave Westerly; thence Northerly along the arc of said curve through a central
angle of 24°14'55" a distance of 204.41 feet; thence North 15°05'12" West 170.28
feet to the beginning of a tangent 483.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of 02°39'43"
a distance of 22.44 feet; thence North 17°44'54" West 314.97 feet; thence North
15°41'42" West 77.40 feet; thence North 09°57'53" West 150.40 feet; thence
North 07°58'09" West 214.92 feet; thence North 11 °29'32" West 131.92 feet;
thence North 12°15'19" West 201.38 feet to the beginning of "a tangent 440.00 foot
radius curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 05°29'18" a distance of 42.15 feet; thence North
17°43'59" West 53.14 feet to the beginning of a tangent 40.00 foot radius curve
concave Southwesterly; thence Northwesterly along the arc of said curve through a
central angle of 90°00'00" a distance of 62.83 feet; thence North 72°16'01" East
82.79 feet to the TRUE POINT OF BEGINNING.
jb112861 c.001
Passed and adopted by the Council of the City of National City, California, on November 16,
1999, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Soto, Waters.
Nays: None.
Absent: Councilmembers Beauchamp, Morrison.
Abstain: None.
AUTHENTICATED BY:
By:
GEORGE H. WATERS
Mayor of the City of National City, California
erk of the City o f National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 99-179 of the City of National City, California, passed and adopted by the
Council of said City on November 16, 1999.
City Clerk of the City of National City, California
By:
Deputy
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that THE BURLINGTON NORTHERN AND SANTA
FE RAILWAY COMPANY, a Delaware corporation, whose address for purposes of this instrument is 2650 Lou
Menk Drive, Ft. Worth, TX 76131, Grantor, for One Dollar ($1.00) to it paid by CITY OF NATIONAL CITY, a
municipal corporation, Grantee, and the promises of the Grantee hereinafter specified, does hereby remise, release
and quitclaim unto the Grantee, subject to the terms and conditions hereinafter set forth, an EASEMENT for street
right-of-way purposes to extend Harrison Avenue (Harrison Avenue Street Improvements), over, upon and across
the following described premises, situated in San Diego County, State of California, to -wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
RESERVING, however, unto the Grantor, its successors and assigns, the right to construct, place, operate,
maintain, alter, repair, replace, renew, improve and remove communication lines above, below and on the surface of
the premises, including, without limitation, transmission by conduit, fiber optics, cable, wire or other means of
electricity, voice data, video, digitized information, or other materials or information, pipelines, utility lines, track
and facilities including the right of ingress and egress in any such manner as does not unreasonably interfere with
Grantee's use of the premises for said street right-of-way purposes, and further reserving unto Grantor, its successors
and assigns, all right and privilege of ingress and egress to said premises as Grantor, its successors and assigns may
require to investigate and remediate environmental contamination and hazards, and further reserving the right and
privilege to use said land for any and all purposes not inconsistent with the use thereof for said street right-of-way
purposes.
The foregoing easement is made subject to and upon the following express conditions:
1. To existing interests in the above -described premises to whomsoever belonging and of whatsoever
nature and any and all extensions and renewals thereof, including but not limited to underground pipe line
or lines, or any type of wire line or lines, if any.
2. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or
future alteration of said street right-of-way purposes shall be made and maintained in such manner, form
and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor;
and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from
such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as
may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary,
construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor,
such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other
waters, and of materials and workmanship equally as good as those now existing.
3. If during the construction or subsequent maintenance of said street right-of-way purposes, soils or
other materials considered to be environmentally contaminated are exposed, Grantee will remove and
safely dispose of said contaminated soils. Grantee shall indemnify, protect and defend the Grantor from any
and all liability, claims or demands, if any, which arise as a result of exposure and/or removal of said
contaminated soils or materials. Determination of soils contamination and applicable disposal procedures
thereof, will be made only by an agency having the capacity and authority to make such a determination.
4. The Grantee agrees to keep the above -described premises free and clear from combustible materials
and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said
premises, said work of cutting and removal to be done at such times and with such frequency as to comply
with Grantee and local laws and regulations and abate any and all hazard of fire.
5. The Grantee shall bear the cost of removal, relocation or reconstruction of any and all right of way
fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which
may be made necessary by reason of the use of said premises for said street right-of-way purposes.
1
6. The Grantee shall, at its own cost and expense, make adjustment with industries or other lessees of
Grantor for buildings or improvements that may have to be relocated, reconstructed or destroyed by reason
of the construction and maintenance of said street right-of-way purposes on said premises.
8. The Grantee or its contractor(s) shall telephone Grantor's Communication Network Control Center at
(800) 533-2891 (a 24 hour number) to determine if fiber optic cable is buried anywhere on the premises;
and if so, the Grantee or its contractor(s) will contact the Telecommunications Company(ies) involved, and
make arrangements with the Telecommunications Company(ies) for protection of the fiber optic cable prior
to beginning any work on the premises.
9. If at any time the use of the premises for the purposes herein should be abandoned or discontinued by
the Grantee, the said easement over the herein described premises shall thereupon cease and determine and
the Grantee shall surrender or cause to be surrendered to the Grantor or its successors and assigns, the
peaceable possession of said described premises, and title to the said premises shall remain in the Grantor,
or its successors or assigns, free and clear of all rights and claims of the Grantee and of the public for use
and occupancy of the said premises.
10. This easement shall be binding upon and inure to the benefit of the heirs, executors, administrators,
assigns and successors of Grantor and Grantee.
11. For so long as this easement shall survive, all contracts between the Grantee and its contractor, for
either the construction herein provided for or maintenance work on the highway within any easement area
described herein or shown on the exhibit attached hereto, shall require the contractor to indemnify and hold
harmless the Grantor and any other railroad company occupying or using the Grantor's right of way or lines
of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of
its subcontractors or agents; and shall further provide that the contractor shall:
A. Furnish to the Grantor a railroad protective liability policy in the form provided by FHPM 6-6-2-2,
or as such form may be hereafter amended or supplanted, and any other pertinent instructions issued by the
Federal Highway Administration, Department of Transportation. The combined single limit of said policy
shall not be less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to
or death of any person or persons and for all damages arising out of loss or destruction of or injury or
damage to property in any one occurrence, and, subject to that limit a total (or aggregate) limit of not less
than Six Million Dollars ($6,000,000.00), for all damages arising out of bodily injuries to or death of any
person or persons and for all damages arising out of or loss or destruction of or injury or damage to
property during the policy period. Said insurance policy executed by a corporation qualified to write the
same in the State in which the work is to be performed, shall be in the form and substance satisfactory to
the Grantor and shall be delivered to and approved by the Grantor's Regional Chief Engineer prior to the
entry upon or use of its property by the contractor. This being a potentially perpetual easement, Grantor
reserves the right to require higher limits of insurance in the future as authorized by FHPM.
B. Carry regular General Contractors Liability Insurances specified in FHPM 6-6-2-2, or as such
form may be hereafter supplanted or amended, and any other pertinent instructions issued by the Federal
Highway Administration, Department of Transportation, providing for a limit of not less than One Million
Dollars ($1,000,000.00) for all damages arising out of the bodily injuries to or death of one person, and,
subject to that limit for each person, a total limit of not less than Two Million Dollars ($2,000,000.00) for
all damages arising out of bodily injuries to or death of two or more persons in any one accident; and
providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages to or destruction
of property in any one accident and subject to that limit a total (or aggregate) limit of not less than Two
Million Dollars ($2,000,000.00) for all damages to or destruction of property during the policy period. A
certified copy of the policy providing said Contractor's Public Liability and Property Damage Insurance
executed by a corporation qualified to write the same in the State in which the work is to be performed, in
form and substance satisfactory to the Grantor, shall be delivered to and approved by the Grantor's
Regional Chief Engineer prior to the entry upon or use of the Grantor's property by the contractor. This
being a potentially perpetual easement, Grantor reserves the right to require higher limits of insurance in
2
the future as authorized by FHPM.
12. Intentionally Omitted
13. The Grantor does not warrant its title to said premises nor undertake to defend the Grantee in the
peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding
rights or interest of others, including the tenants and licensees of the Grantor.
14. Grantee, in its acceptance hereof, hereby agrees to indemnify and save harmless said Grantor, from and
against all lawful claims, demands, judgments, losses, costs and expenses, for injury to or death of the
person or loss or damage to the property of any person or persons whomever, including the parties hereto,
in any manner arising from or growing out of the acts of omissions, negligent or otherwise of Grantee, its
successors, assigns, licensees and invitees or any person whomsoever, in connection with the entry upon,
occupation or use of the said premises herein described, including but not limited to that of the location,
construction, operation, restoration, repair, renewal, or maintenance of said street right-of-way purposes
upon the herein described premises or otherwise.
15. Grantor and Grantee hereby acknowledge that a portion of the land described herein is presently
occupied by a tenant of Grantor. Grantor hereby retains the right of use of the premises until such time as
construction of the Harrison Avenue Street Improvements has begun. Grantee agrees to advise Grantor of
the schedule for commencement of construction of the Harrison Avenue Street Improvements, so Grantor
can plan for relocation of the tenant.
TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances
thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose
whatsoever subject to the terms and conditions hereinbefore stated.
IN WITNESS WHEREOF, the said THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMP has caused this instrument to be signed by its authorized officer, and the corporate seal
affixed on the f day of /V nd Y^' , 1999.
CITY OF NATIONAL CITY
ACCEPTED:
By:
Title
By:
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
DIRECTOR CONTRACTS
A 1 11 ST:
By: G.
Assistant Secretary
o\on nnunto
Z3 SEAL;;F
h/IHlnn� �a \•
3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , 1999, before me, , notary public in and
for said State, personally appeared and
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
STATE OF TEXAS )
) ss.
COUNTY OF TARRANT ) i '
On this go) day of Ue n/Xi\ , 1999, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared e.(Z _ S p a Y145' (n a„ f
known to me to be Di r-ve. a `%p r Con41 (It -
Acaant cPrretary, respectively; of the corporation that executed the within instrument on behalf of the Corporation
therein named, and acknowledged to me that such Corporation executed the same.
KATHERYN J. BRAKE
Notary Public
STATE OF TEXAS
My COMM. Exp. 09/ /2000
Notary's Signature:
My Commission Expires:
QLt
,lal249
4
J-12861C
Exhibit "A"
ROAD DEDICATION
BNSF Ry. Co.
PARCEL C
That portion of the Map of National City in the City of National City, according to Map
No. 348 filed in the Office of the County Recorder of San Diego County, State of
California, described as follows:
Commencing at the most Westerly corner of Block 281 as shown on said Map No.
348; thence South 72°16'01" West 40.00 feet to the TRUE POINT OF BEGINNING;
thence South 17°45'41" East 620.18 feet; thence South 72°16'10" West 9.35 feet
to the beginning of a non -tangent 1622.28 foot radius curve concave Southwesterly,
to which a radial line bears North 77°02'59" East; thence Southeasterly along the arc
of said curve through a central angle of 02°02' 18" a distance of 57.71 feet; thence
South 10°.54'43" East 509.15 feet to the beginning of a tangent 1243.11 foot radius
curve concave Northeasterly; thence Southeasterly along the arc of said curve through
a central angle of 06°22'33" a distance of 138.33 feet; thence South 72°42'44"
West 10.00 feet to the beginning of a non -tangent 1253.11 foot radius curve concave
Northeasterly, to which a radial line bears South 72°42'44" West; thence
Southeasterly along the arc of said curve through a central angle of 09°19'39" a
distance of 204.00 feet; thence South 85°58'39" West 30.67 feet to the beginning
of a non -tangent 535.00 foot radius curve concave Westerly, to which a radial line
bears North 85°58'39" East; thence Southerly along the arc of said curve through a
central angle of 10°31'17" a distance of 98.24 feet to a point on the Northerly line
of that deed recorded December 28, 1994 as .Document No. 1994-0735221; thence
South 72°10'35" West along said Northerly line 57.71. feet; thence leaving said line
North 09°09'44" East 1.33 feet to the beginning of a tangent 483.00 foot radius
curve concave Westerly; thence Northerly along the arc of said curve through a central
angle of 24°14'55" a distance of 204.41 feet; thence North 15°05'12" West 170.28
feet to the beginning of a tangent 483.00 foot radius curve concave Southwesterly;
thence Northwesterly along the arc of said curve through a central angle of 02°39'43"
a distance of 22.44 feet; thence North 17°44'54" West 314.97 feet; thence North
15°41'42" West 77.40 feet; thence North 09°57'53" West 150.40 feet; thence
North 07°58'09" West .214.92 feet; thence North 11 °29'32" West 131.92 feet;
thence North 12° 15' 19" West 201.38 feet to the beginning of a tangent 440.00 foot
radius curve concave Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 05°29'18" a distance of 42.15 feet; thence North
17°43'59" West 53.14 feet to the beginning of a tangent 40.00 foot radius curve
concave Southwesterly; thence Northwesterly along the arc of said curve through a
central angle of 90°00'00" a distance of 62.83 feet; thence North 72°16'01" East
82.79 feet to the TRUE POINT OF BEGINNING.
jb/12861 c.001