HomeMy WebLinkAboutCC RESO 11,177RESOLUTION NO. 11,177
RESOLUTION AUTHORIZING EXECUTION OF RIGHT-OF-WAY
PURCHASE AGREEMENT BETWEEN BENJAMIN H. FISH AND
GERTRUDE J. FISH AND THE CITY OF NATIONAL CITY
BE IT RESOLVED by the City Council of the
City of National City that the Mayor is authorized to
execute a Right -of -Way Purchase Agreement for the purpose
of setting forth the intent and conditions for the equit-
able exchange of real properties, property improvements,
utilities and monetary considerations between Benjamin H.
Fish and Gertrude J. Fish and the City of National City.
PASSED AND ADOPTED this 25th day of September,
1973.
ATTEST:
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RIGHT OF WAY PURCHASE AGREEMENT
This agreement between BENJAMIN H. FISH and GERTRUDE J. FISH, hereinafter
designated as SELLER and City of National City, California a municipal corpo-
ration, hereinafter designated as CITY, is for the purpose of setting forth the
intent and conditions for the equitable exchange of real properties, property
improvements, utilities and monetary considerations between SELLER and CITY ne-
cessitated by the proposed widening and improvements of Division Street from
Highland Avenue easterly to Interstate Highway 1-805 in the City of National
City.
CITY hereby agrees as follows:
(1) To pay SELLER the amount of $5,000 cash for SELLER'S loss of that
certain portion of SELLER's real property as set forth'in EXHIBIT "A" attached
hereto.
(2) As a further consideration of the above item 1, CITY will construct
an undetermined quantity of fill upon SELLER's remaining properties from excess
fill materials obtained by CITY from the Division Street improvement project
described above. Said fill to be compacted to City Engineer of CITY specifi-
cation.
(3) As a further consideration: of the above item 1, CITY will construct
36" R,C.P. (1350-D) along the Easterly line of the remaining SELLER'S property
from the Northerly line of Division Street to the existing twin 60" C.I.P. as
constructed per CITY Standard Specification Number 771 on file in the office of
the City Clerk of the City of National City as file number 49185 dated 7/25/72.
(4) As a further consideration of the above item 1, CITY will construct
a "Junction Box" of sufficient size to include the twin 60" C.I.P and 36" R.C.P.
as described in above item 3 to allow drainage Westerly along existing drainage
patterns. Said "Junction Box" to be designed by the City Engineer of CITY end
size, location and design of "Junction Box" to be at the sole discretion of
said City Engineer of CITY.
SELLER hereby agrees as follows:
(1) SELLER will execute and deliver a grant deed to CITY for the Easterly
90 feet of the Southerly 40 feet of SELLER'S property in Lot 69 of a portion of
the EX -MISSION LANDS of SAN DIEGO; an unexecuted copy of which is attached
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hereto as Exhibit "A".
(2) SELLER will execute and deliver an easement to the CITY for drainage
purposes over, under and across the Easterly 10 feet of SELLER'S property in
Lot 69 of a portion of the EX -MISSION LANDS of SAN DIEGO; an unexecuted copy
of which is attached hereto as Exhibit "B".
(3) SELLER will execute and deliver a letter of permission to the CITY
for fill purposes as described in above item (2) of "CITY AGREES . . ." over
SELLER'S property in Lot 69 of a portion of the EX -MISSION LANDS of SAN DIEGO;
an unexecuted copy of which is attached hereto as Exhibit "C".
DATED this y5-1L day of (0-7� -4A..) , 1973.
ATTEST: CITY OF NATIONAL CITY
By:
CityCl�ek f
Approved as to form and content:
� f Y
DONALD F. McLEAN, JR.
City Attorney
KILE ORGAN, Mayor
l
lit/ r/r`,
BE. AMIN H. FISH
c-CC2ivt
GERTRUDE J. FIS
'LL
EXHIBIT "C"
LETTER OF PERMISSION
For valuable consideration, receipt of which is hereby acknowledged,
BENJAMIN H. FISH and GERTRUDE J. FISH
hereby grants to City of National City a temporary slope and working easement for cons-
truction purposes over and across that certain real property situated in the City of
National City, County of San Diego, State of California, more particularly described as
follows:
That portion of County of San Diego Assessor's Office Parcel
No. 551-570-4 as shown on County.of San Diego Assessor's Roll
of 1973.
This.grant is a temporary working easement and right-of-way for the construction of
slope and necessary secondary works, together with the right to enter upon and to pass,
and ,Cris, over and along said easement and to deposit tools, implements, and other
materials thereon.
This grant will terminate upon final completion of the work and acceptance thereof by
the City Council of the City of National City.
Dated :/
Signed 'n the presence of:
Y_
uiclh// e
City of National City
1243 National Avenue a^
National City, CA 92050'
National City Engr. Dept. No. 1796-G
Ref.
Division Street
_„� l I
LYN E B. BLITZ NE ti
NOTARY PUBLIC
Prisrip:J Office. San Diega Co. Calif. i
My Commissian [xpiros March 21. 19?7 %
. Vo i z`f
By T'D`Iate Ckd. 9-14-73
SLOPE
Date