HomeMy WebLinkAboutCC RESO 11,123RESOLUTION NO. 11,123
RESOLUTION AUTHORIZING EXECUTION OF RIGHT OF WAY
PURCHASE AGREEMENT BETWEEN MRS.DOROTHY L. KANE
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 equitable exchange
of real properties, property improvements, utilities and
monetary considerations between Mrs. Dorothy L. Kane and
the City of National City.
PASSED AND ADOPTED this 17th day of July, 1973.
ATTEST:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RIGHT OF WAY PURCHASE AGREEMENT
This AGREEMENT between Mrs. Dorothy L. Kane, aka Mrs. Walter H. Kane, a widow
hereinafter designated as SELLER and City of National City, California, a muni-
cipal corporation, 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 necessitated by the proposed widening and improvements of Division Street
from Highland Avenue easterly to Interstate Highway I-805 in the City of Natio-
nal City.
CITY hereby agrees as follows:
(1)
To pay SELLER the amount of $6,580.00 cash for SELLER"S loss of the
concrete block office building in the Southwesterly corner of her
property.
(2) To pay SELLER the amount of $3,380.00 cash toward construction of
fence or wall along the northerly line of SELLER'S property. Said
amount is based on the bid of T. B. Penick and Son for fence con-
struction as a portion of the improvement of Eta Street (City of
National City Specification No. 778) at $7.04 per lineal feet for
479 feet.
(3) CITY will issue a "No Fee" permit for a six foot concrete block
fence on the south property line of Eta Street with 30 foot rolling
gates at the 4 driveway locations.
(4) ' CITY will issue a "No Fee" building permit for the reconstruction of
a new office building to replace the building demolished by the the
street construction and CITY hereby waives the requirement for side-
walk construction in conjunction with this permit.
CITY will construct six foot chain link fence with gate along the
north lines of Lots 1, 2 and 3 of Schuerman Heights and the east end
of Eta Street.
(6) CITY will replace chain link fence along west line of SELLER'S pro-
perty which was removed for storm drain construction.
CITY will place and compact earth embankment in Lots 1, 2 and 3 of
Schuerman Heights to bring said lots to an elevation compatible with
(5)
(7)
2
3
4
5
6
7
8
16 I
17 f
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Eta Street to provide surface drainage across said lots.
(8) CITY will grade, construct concrete curb and gutter and place perma-
nent asphalt paving on Eta Street.
(9) CITY will place 2 inch asphalt surface on native soil between the
south curb of Eta Street and the existing asphalt drives in SELLER'S
property.
(10), CITY will construct 4 concrete driveways of 35 foot width at each
roadway in SELLER'S property.
(11) CITY will relocate and set to grade the water meters serving SELLER'S
property.
(12) CITY will relocate and connect the sewer lateral serving SELLER'S
property and provide clean out for same.
(13) CITY will replace survey monuments and property corner markers des-
troyed by street and drainage construction.
(14) CITY will pay the cost of moving the property manager's trailer to a
new location and pay the cost of resetting and connecting said trai-
ler to the required utilities, not to exceed $650.00.
(15) CITY will pay the cost of connecting the proposed new office building
to such utilities as sewer, water, gas, electricity and telephone.
(16) CITY will acquire an easement (or fee) across the southeasterly por-
tion of the adjacent property to the west of SELLER'S west property
line for the construction of passenger vehicle and truck ingress and
egress to SELLER'S property and will grade and pave said access road-
way.in conjunction with the construction of Division Street adjacent
to the south.
(17) CITY will include in the improvement of Division Street the construc-
tion of a six foot chain link fence along the top of the slope on the
north line of Division Street and will plant the slope with suitable
cover to stabilize said slope and prevent erosion.
(18) After construction of concrete block wall by SELLER, CITY will grade
the existing roadway adjacent south of said wall between the 3 West-
erly _ _ SELLER' .. as V t
LL±y uL3.vcway5 into SELLER'S property a such .. manner .. t. Slope
2
3
4
5
6
7
8
9
10
11
12
13
14
15
111
16
17
18
19
20
21
22
23
the new roadway evenly to the base of the wall, and will place 2
inches of asphalt paving on native soil to restore the roadway to
full existing width.
SELLER hereby agrees as follows:
(1)
SELLER will execute and deliver a grant deed to CITY for the north
6 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 "A".
(2) SELLER will execute & deliver an Easement to CITY over the Northerly
25 feet of Lots 1, 2 and 3 of Scheuerman Heights, Map No. 2227; an
unexecuted copy of which is attached hereto as Exhibit "B".
(3) SELLER will execute and deliver an Easement for drainage purposes to
CITY over Lots 1, 2 and 3 of Scheuerman Heights; an unexecuted copy
of which is attached hereto as Exhibit "C".
(4) SELLER will execute and deliver an Easement for drainage purposes to
CITY over a portion of aforementioned Lot 69 of a portion of the EX -
MISSION LANDS of SAN DIEGO; an unexecuted copy of which is attached
hereto as Exhibit "D".
(5) SELLER will execute and deliver to CITY a "Letter of Permission" for
the construction of embankment slopes and access road over the South-
erly portion of SELLER'S property in aforementioned Lot 69 in conjunc
tion with.the widening of Division Street in the City of National
City.
24 /
Approved as to form &ont % 7!. 7, fl
25 Kile Morgan,/Mayor
26
27
28
29
30
31
Ci
Ione Minogue Campbell, City Clerk
DOROTHY L. KANE
Date: