HomeMy WebLinkAboutCC RESO 11,053RESOLUTION NO. 11,053
by:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR THE CONSTRUCTION OF STAIR AND RETAINING
WALL IN CONJUNCTION WITH 1911 ACT
BE IT RESOLVED that the Mayor is authorized
and directed to execute that certain agreement, "Agree-
ment to Change Grade of Public Street and Construct
Curative Facilities" on behalf of the City of National
City, which agreement provides for the construction of
a stairway and retaining wall to accommodate the property
owners involved for a change in grade of La Siesta Way.
PASSED AND ADOPTED this 8th day of May, 1973.
ATTEST:
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Deputy ty Clerk
AGREEMENT
TO CHANGE GRADE OF PUBLIC STREET AND
CONSTRUCT CURATIVE FACILITIES
WHEREAS, JAMES W. and LAURA A. STEPP (hereinafter
Owners) are the owners of real property in 1911 Act Assess-
ment District No. 178, which real property is described as
Assessment Parcel No. 21 and as County Assessor's Parcel No.
558-310-46, and
WHEREAS, Owners will be affected by the construct-
ion of 1911 Act improvements along La Siesta Way, in that the
grade of La Siesta Way will be changed, which will affect
Owners' convenient access to La Siesta Way, and
WHEREAS, the City of National City (hereinafter
City) desires to repair any damage occasioned by the construct-
ion of said street, and
WHEREAS, Owners are willing to consent to the
change of grade of La Siesta Way in exchange for City's con-
struction -of the hereinafter described curative improvements,
and
WHEREAS, Owners and City desire by this Agreement
to completely resolve their differences regarding the change
of the grade of La Siesta Way adjacent to Owners' property,
and damages resulting therefrom to Owners;
NOW, THEREFORE, for and in consideration of the
covenants and conditions contained herein, and for other good
and sufficient consideration, the parties hereto do agree as
follows:
SECTION 1. Owner consents to change of grade and
change of access:
CITY OF NATIONAL CITY
By:
KILE M RGAN, Mayor
Owner hereby consents to change of grade in La
Siesta Way adjacent to the above described real property,
pursuant to the works of improvement in 1911 Act Assess-
ment District No. 178. Owner consents to City interfer-
ring with Owners' access to La Siesta Way pursuant to the
construction of the work of improvement in 1911 Act Assess-
ment District No. 178.
SECTION 2. City to construct facility: As the
total compensation to Owner for Owner's consenting to a
change of grade and interferring with access, as above des-
cribed, City will construct a stairway and retaining wall
on and adjacent to owners' real property, above described,
for a total cost of $600.00 to be paid by City, said im-
provements to be constructed as described in National City
Engineer's Drawing No. 780-B, a copy of which drawing is
attached hereto as Exhibit "A" and incorporate j"e '" b'
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reference:
City will construct said improvements within a
reasonable time after execution of this agreement.
SECTION 3. Total release: In exchange for the
construction of the work herein described, Owner forever
releases City from any liability for injury or damage, of
any nature, arising out of and from the construction of
the work of improvement in 1911 Act Assessment District No.
178.
EXECUTED this / i day ofAe.e , 1973.
yt.e-tea _(A.)
JAMES W. S P3S
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OFFICIAL SEAL
MARYANN L. DELEON
Notary Public California
SAN DIEGO COUNTY
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LAURA A. STEP