HomeMy WebLinkAboutCC RESO 12,329RESOLUTION NO. 12,329
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA APPROVING, ON BEHALF OF
THE COUNCIL, A COOPERATION AGREEMENT AMONG THE CITY
OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND THE DIOCESE OF SAN
DIEGO EDUCATION AND WELFARE CORPORATION.
WHEREAS, the City Council of the City of National City, California
by Ordinance No. 1505, adopted April 13, 1976 adopted a Redevelopment
Plan for the Center City Project; and
WHEREAS, said Redevelopment Plan at pages 6 and 10 thereof and
at Exhibit 2, page 24 and at Exhibit 4, page 26 thereof provides for a
southeasterly extension of 12th Street from 12th Street at "E" Avenue
to the intersection of 14th Street and "F" Avenue; and
WHEREAS, said southeasterly extension of 12th Street to 14th
Street has been recommended to the City Council for approval by the City's
Traffic Safety Committee, the City's Citizens Committee for Community
Development, the City's Planning Commission and the Community Development
Commission and was approved by the City Council, by motion on January 4,
1977, at which time the City Council also approved the Master Plans of
development for the entire area generally bounded by llth Street on the
North, 15th Street on the South, "D" Avenue on the West, and "F" Avenue
on the East, including grading, drainage, utilities, the work of con-
struction and reconstruction of streets and the construction of Seniors
Housing Facilities and landscaping for the entire area; and
WHEREAS, the City, the Community Development Commission, and the
Diocese of San Diego Education and Welfare Corporation desire to delineate
their respective roles, relationships and understandings in connection
with said proposed 12th to 14th connector street as it relates to the
Diocese and its property, the City and its property, and the Community
Development Commission and its property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California that the Agreement entitled "Cooperation Agreement
among the City of National City, the Community Development Commission of
the City of National City and the Diocese of San Diego Education and
Welfare Corporation" is hereby approved and adopted and the Mayor of the
City is hereby authorized to execute said Agreement on behalf of the City and
the City Clerk is hereby authorized to attest thereto.
PASSED AND ADOPTED this 12th day of April, 1977.
Kile Morgan, or
ATTEST:
Ior)e Campbell, City Clerk
COOPERATION AGREEMENT AMONG .
THE CITY OF NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND THE DIOCESE
OF SAN DIEGO EDUCATION AND WELFARE CORPORATION
WHEREAS, the City Council of the City of National City, California
by Ordinance No. 1505, adopted April 13, 1976 adopted a Redevelopment Plan
for the Center City Project; and
WHEREAS, said Redevelopment Plan, at pages 6 and 10 thereof and
at Exhibit 2, page 24 and at Exhibit 4, page 26 thereof provides for a
southeasterly extension of 12th Street from 12th Street at "E" Avenue to
the intersection of 14th Street and "F" Ave.; and
WHEREAS, said southeasterly extension of 12th Street to 14th Street
has been recommended by the City's Traffic Safety Committee, the City's
Citizens Committee for Community Development, the City's Planning Commission
and the Community Development Commission and was approved by the City Council,
by motion, on January 4, 1977, at which time the City Council also approved
the Master Plans of development for the entire area generally bounded by
llth Street on the North, 15th Street on the South, "D" Avenue on the West
and "F" Avenue on the East, including grading, drainage, utilities, the work
of construction and reconstruction of streets and the construction of Seniors
Housing Facilities and landscaping for the entire area; and
WHEREAS, the City, the Community Development Commission, and the
Diocese of San Diego Education and Welfare Corporation desire to clarify
and memorialize their respective relations and understandings in connection
with said 12th to 14th connector street as it relates to the Diocese and
its property, the City and its property, and the Community Development
Commission and its property;
WITNESSETH
. (1) The Diocese of San Diego Education and Welfare Corporation,
a corporation, hereinafter called "Church" owns the block area bounded by
12th Street on the North, 13th Street on the South, "D" Avenue on the West
and "E" Avenue on the East, an area 250.67 feet by 250.32 feet, which land
is shown on Exhibit 1 hereof and described on Exhibit 2 hereof, said land
being hereinafter referred to as "Church's land".
Church's land is so marked on Exhibit 4 hereof which is
titled "Grading Plan for Seniors Housing Facilities", revised January 21,
1977.
(2) The City of National City, hereinafter called "City" owns
the property bounded by 13th Street on the North, 15th Street on the South,
"D" Avenue on the West and "F" Avenue on the East excluding therefrom the
block bounded by 14th Street, 15th Street, "E" Avenue and "F" Avenue.
Said property is marked "City's Land" on Exhibit 4.
(3) The Community Development Commission of the City of National
City, hereinafter called "CDC" has acquired the parcel at the northeast
corner of 12th Street and "D" Avenue and is in the process of acquiring the
property located on the easterly side of "E" Avenue between llth Street and
13th Street which is identified on Exhibit 4 as-"CDC's land".
(4) The CDC shall cause to be constructed, utilizing the City's
Community Development Block Grant Funds pursuant to the U. S. Housing &
Community Development Act of 1974 and pursuant to the California Community
Redevelopment Law all of the work of grading, drainage, water, sewer and
public utilities systems, construction and reconstruction of streets and
alleys and landscaping, all pursuant to approved Master Plans therefor
for the area bounded by llth Street, 15th Street, "D" Avenue and "F" Avenue.
Said work is anticipated to begin in July, 1977 and be completed by
November, 1977.-
AGREEMENT
(1) Upon condition that the City order the Vacation of those.
portions of streets identified in paragraphs (2)(a) and (2)(b) below the
Church agrees as follows:
(a) To grant to the City fee title to its 4,259
sq.ft. northeasterly corner as shown on Exhibit 3 hereof
entitled "Plot Plan".
(b) To grant to the City fee title to the centerline of
existing 12th Street on the North and to the centerline of "E"
Avenue on the East for that portion of "E" Avenue located
northerly of the southerly right of way line of the new 12th
Street to 14th Street connector street shown on Exhibit 4.
(c) To grant an easement for street purposes to the
City for a 20 sq. ft. area at the northeast corner of Church's
land for a new corner return at said location.
(d) To retain fee title interest to the northerly one
half or 40 feet of 13th Street and to retain title to that portion
of the westerly one half or 40 feet of "E" Avenue located southerly
of the southerly line of the new 12th Street to 14th Street connector
street as shown on said Exhibit 4, subject to easements for sewer
lines and water or storm drainage lines, if any, and subject to
easements for privately owned public utilities. (Said area to be
retained is also the 16,437 sq. ft. area shown on Exhibit 3 hereof).
2 of
(2) The City agrees as follows:
(a) To initiate proceedings to vacate that portion of 13th
Street and of "E" Avenue abutting Church's land and located
southerly of the southerly line of the new 12th Street to 14th
Street connector street. Said area is the same as the 16,437
sq. ft. area shown on Exhibit 3.
(b) To initiate vacation proceedings for the 352 sq.ft.
area along 12th Street as shown on Exhibit 3.
(c) To grant fee title to the Church, encumbered only by
easements for street. purposes and public utility purposes, that
portion of the 4,259 sq.ft. area shown on Exhibit 4 which is
located southwesterly of the centerline of the new 12th Street
to 14th Street connector street and to grant to the Church fee title,
encumbered only by easements for street and utility purposes, that
portion of the new connector street abutting Church's land on the
North and on the East including, to said centerline, abutting the
westerly 40 feet of "E" Avenue to be vacated. Said grant shall,be
made subsequent to completion of said new 12th - 14th connector street.
(3) The Conununity Development Commission agrees as follows:
(a) To construct the 12th to 14th connector street in the
alignment and grade shown on Exhibit 4, said construction estimated
to begin during July, 1977 and to be completed by November, 1977.
(b) Upon condition that the City order the vacation of that
portion of the streets identified in paragraph (2)(b) above, to
improve the 352 sq. ft. area of Church's land, as shown on Exhibit 3
and the corner return at the northeast corner of Church's land in a
manner satisfactory to the Church and to the City.
(c) To relocate Church's existing fence to within Church's
remaining land located southeasterly of the 4,259 sq.ft. area
shown on Exhibit 3 and to re-establish the related existing Church
paved area and the slope from Church's paved area to the new right
of way line of the 12th to 14th connector street in a mariner
satisfactory to the Church and to the City.
(d) Upon condition that the City order the vacation of that
portion of the streets identified in paragraph (2)(a) above to do
the following in accordance with a plan therefor which shall be
subject to approval by the Church prior to the installation thereof
within the portions of 13th Street and of "E" Avenue abutting
Church's land which is to be vacated:
((1)) Remove existing street paving.
((2)) Grade site and prepare soil for landscaping.
((3)) Install landscape irrigation system, complete,
with separate water meter.
((4)) Install plants, trees, shrubs, and ground cover.
3 of 4
((5)) The estimated construction cost of items
((1)) through ((4)), immediately hereinabove, is less
than $10,500, the appraised value of Church's 4,259
sq.ft. of land shown on Exhibit 3. CDC agrees that it
shall maintain said 16,437 sq.ft. of landscaped area
at its expense for a period of one year from the date
of acceptance of said landscape work by the Church and
by the CDC.
CITY OF NATIONAL CITY, CALIFORNIA
'Date Kile Morgan, Mayor
ATTEST:
Ione Campbell; City Clerk
ATTEST:
Arnold A. Peterson, Secretary
Date
ATTEST:
COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY, CALIFORNIA
Kile Morgan, Chairman
DIOCESE OF.SAN DIEGO EDUCATION AND
WELFARE CORPORATION
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T-!IS IS. NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY
FROM DATA SHOWN BY OFFICIAL RECORDS
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EXHIBIT 1
301601-R
Vestee: DIOCESE OF SAN DIEGO EDUCATION & WELFARE CORPORATION, a corporation;
by deed dated February 24,1953 recorded February 26, 1953 in Book 4763,
page 31, File No. 26785 of Official Records.
Description of the land referred to in this Guarantee:
Lots 1 to 10 inclusive, in T. P. Griffith's Subdivision, in the City of
National City, County of San Diego, State of Caifornia, according to
the Map thereof No. 2250, filed in the office of the County Recorder
of said San Diego County, March 12, 1941.
Exceptions:
1. County, City and special district taxes, now payable, for the fiscal
year 1975-1976, plus penalties.
2. An easement or right of way for the'constructiv and maintenance
of flumes, canals or aqueducts, conveyed to the Kimball Brothers Water
Company by deed dated .June 9, 1869, and recorded in Book 7, page 124 of
Deeds.
The interest of said grantee in and to said easement has since passed to
and is now vested of record in. the California Water & Telephone Company,
a corporation.
Said necessary parties (other than those having a claim or interest by
reason of matters shown in Exceptions numbered 1 and 2 to be made defendants
in said action to be brought by the City of National City as plaintiff,
are as follows:
Diocese of San Diego Education & Welfare Corp.
c/o Saint Mary's
411 E. 8th Street
National City, Ca. 92050
EXHIBIT 2
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EXHIBIT 3
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