HomeMy WebLinkAboutCC RESO 9727RESOLUTION NO.
9727
RESOLUTION AUTHORIZING EXECUTION OF RIGHT-OF-WAY, GRANT
DEED AND EASEMENT DEED
Parcel No. R/W 16836-1 and Parcel No. R/W 16836-2
(Interstate Highway 805/Plaza Boulevard Interchange Drainage)
BE IT RESOLVED by the City Council of the City of
National City that the Mayor and City Clerk be authorized to
execute the original and two copies of the Right -of -Way Con-
tracts and the original Grand Deed and Easement Deed covering
Parcel R/W 16836-1 and Parcel R/W 16836-2 for the proposed
Interstate Highway 805/Plaza Boulevard Interchange drainage,
copies of which are attached.
PASSED AND ADOPTED this 23rd day of December
1968.
ATTEST:
CITY CLERK
• rconn,"
A g
RE.:CODiNG REQ%3E3TM,
Stcr, Division of Hic.,,hways
When recorded moil to
P. O. Box 390
Son D'kugo, Califorriics 92112
GRANT DEED
(CORPORATION)
DONATION
SPACE ABOVE THIS LINE FOR RECORDER'S USE
(N. C. Res. No. 9727)
DISTRICT
COUNTY
ROUTE
POST MILE
NUMBER
11
SD
805
10.1
R/W
16836-1
The City of National City
a corporation organized and existing under and by virtue of the laws of the State of California
does hereby GRANT to the STATE OF CALIFORNIA all that real property in the
National City , County of
FORM R/W-7A (REV. 9-64)
San Diego
City of
State of California, described as:
EST. 3916. 33033-500 9-651 5M 10 OSP
That portion of the Northwest quarter of the East half of
80 Acre Lot 2 in Quarter Section 129 of Rancho de la Nacion,
according to Map thereof No. 166, filed in the office of the
County Recorder of San Diego County May 11, 1869 as described
in Parcel "A" of that parcel of land conveyed to the City of
National City by deed recorded September 26, 1958 in Book 7273,
page 295 of Official Records of said County, described as follows:
Commencing at the Northeast corner of the South half of the
Northwest quarter of the East half of said 80 Acre Lot 2; thence
along "Course A" as described in said Parcel "A", S.45°31'47"W.,
357.90 feet to the TRUE POINT OF BEGINNING; thence (1) continuing
along said "Course A", S.45°31'37"W., 384.28 feet to the South-
west corner of said Northwest quarter; thence (2) along the
Westerly line of said Northwest quarter N.17°43'57"W., 55.99
feet to a line that is parallel with and 50.00 feet, perpendicular
measurement, Northwesterly of said "Course A"; thence (3) along
said parallel line N.45°3•1'37"E., 389.30 feet; thence (4) leaving
said parallel line S.13°20'01"E., 58.42 feet to the -True Point
of Beginning.
Containing 19,340 square feet.
The bearings and distances used in the above description
are on the California Coordinate System, Zone 6. Multiply all
distances used in the above description by 0.999983 to obtain
ground level distances.
This conveyance is made for the purposes of a freeway and
the grantor hereby releases and relinquishes to the grantee any
and all abutter's rights of access, appurtenant tograntor's
remaining property, in and to said freeway over and across said
course (4) and also over and across the following described
course:
Beginning at the Northeasterly terminus of said course (3);
thence along the Northeasterly prolongation of said -course (3),
N.45°31'37"E., 113.92 feet; also releases and relinquishes any -
and all other abutter's rights other than access appurtenant to
said remaining property in and to said freeway.
11-SD-805-10.1
R/W 16836-1 9/11/68
IN WrrNEss WHEREOF, said corporation has causedits corporate name to be hereunto subscribed and its corporate seal
to be affixed hereto, this 23rd day of December 1968
By
By
_.�'i`Iat Qna City
Tor Minogue
STATE OF CALIFORNIA
County of San __Diego J((
On this
23rd
in and for said
day of
December
ss.
San Diego
known to me to be the
ptmfeix Mayor ,
si;?i,619.5, City
Clerk
[CORPORATE SEAL]
, 19 68 , before me, the undersigned, a Notary Public
County, personally appeared
Mayor
Xlrresielti and
Kile Morgan
Ione Minogue
known to me to be the City Clerk _1
of the corporation described in and that executed the within instrument, and also known to me to be the persons who
executed it on behalf of the corporation therein named, and .beY acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal
... ....�.OFF'IC1AL.....,� Maud Smith
i
�
M AUD F.
NOTARY PUFl2iC
COUNfy CL Z
AN
My Commission Expires May 14, 1971
(CERTIFICATE OF ACCEPTANCE, GOVT. CODE, SECTION 27281)
THIS Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of Public
Works, Division of Highways, hereby accepts for public purposes the real property, or interest therein, conveyed by the
within deed and consents to the recordation thereof.
i
r
(Seal)
Name (Typed or Printed)
Notary Public in and for Said County and State
IN WITNESS WHEREOF, I have hereunto set my hand this _________ _________day of _______________-_., 19
By_
Director of Public Works
Attorney in Fact
FORM H FttW-1
National City California
December 23 19 68
CITY OF NATIONAL CITY
Gr�sator_—
Dot.
County
,Rte.
P.M.
R/W E. A. •
11 _
SD
805
9.5/11..6
045832
(N. C. Res. No. 9727)
RIGHT O WAY CONTRACT —STATE E 9G WAY
Document No. 16836-1 in the form of a Grant Deed and
Document No.__16636-2 in the form of an isasevneni: Deed__
covering the property particularly described in the above instrument has been executed and delivered
to JAT•1?S M. JOHNSON
Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed
as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this agree-
ment constitutes the entire consideration for said document and shall relieve the State of all further
obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement.
2. The State shall:
(A) Accept delivery of property or interest conveyed by above
document(s) and record same when title can be vested in the State free
and clear of all liens, encumbrances, assessments, easements and leases
(recorded and/or. unrecorded), and taxes, except:
a. County taxes.-
b. .Covenants, conditions, restrictions and reservations of
record, or contained in the above -referenced document.
c. Easements or rights of way over said land for public or
quasi --public utility or public street purposes, if any.
d. Reservation of the right and power to convey rights of
.way for water pipeline as reserved by Herbert A. Barnes
by Deed recorded March 12, 1951.
e. Mining claims, reservations in patents, water rights, claims
or title to water, if any.
This transaction will be handled through an escrow with the Land
Title Insurance Company of San Diego; Escrow No. 234272.
(3) Fay all escrow and recording fees incurred in.this transaction,
and, if title insurance is desired by the State, the premium charged therefor.
3 The undersi,gned grantor(s) hereby agree(z) and, consent(s)�rto the
• dismissal of any eminent domain action in the Superior Court wherein' the
herein described land is included and also waive(s) any an i all claims to
any money that may now be on deposit in said action.
`'I. Grantor(s) warrant(s) that there are no oral or written leases on
all or any portion of the property exceeding a period of one month, and
the grantor(s) further agree(s) to hold the State harmless and reimburse
the State for any and all of its losses and expenses occasioned by reason
of any lease of said property held by any tenant of grantor(s) for a period
'exceeding one month. 5. It is understood by and between the parties hereto that the e State of California shall in no way alter or chine the drainage channel grade
line within the right of way area. being .conveyed herein by Document Nos.
R/1 16836-1 and R/W 16836-2.
It is also understood and agreed by and between the parties
hereto that the State of California shall be responsible for maintenance
of that portion of the drainage channel situated within the right of way
area being conveyed.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
Recommended for Approval:
By
By
Right of Way Agent
Supervising Right of Way Agent
City of National Citry-
/1;.g/
Mo g ivlayor.
e Minogue, City Cl k
Grantor_
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
By..
District Engineer
No Obligation Other Than Those Set Forth Herein Will Be Recognized
SST. &M. 5098-500 9-65 2591 SEXT 0 OSP
11-SD-805--10.1
R/17 16836-2
DONATION
F----------_c ---
�?dTi. CITY E"16R. C�FT. ___--
PJo._�_€_
pcF B-------CF, i _.._..___..- .,
(N.C.Res. No. 9727)
For a valuable consideration, receipt of which is hereby acknowledged,
hereby grants to City of National City an easement for sewer and/or drainage and/or, embankment
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 the Northwest quarter of the East half of 80 Acre Lot
2 in Quarter Section 129 of Rancho de la Nacion, according to Map thereof
No. 166, filed in the office of the County Recorder of San Diego -County
May 11, 1869 as described in Parce], "A" of that parcel of land conveyed to
the City of National City by deed recorded September 26, 1958 in Book 7273,
page 295 of Official Records of said County,- described as follows:
Commencing at the Northeast corner of the South half of the Northwest
quarter of the East half of said 80 Acre Lot 2; thence along "Course A" as
described in said Parcel "A", S.45°31137"°w., 357.90 feet to the TRUE POINT
OF BEGINNING; thence (1) N.13°20t01"W., 58.42 feet to a line that is para-
llel with and 50.00 feet, perpendicular measurement, Northwesterly of said
"Course A"; thence (2) along said parallel line N.45°31t37"E., 23.37 feet;
thence (3) leaving said parallel line S.13°2O'01'tE. 58.42-feet to said
"Course A"; thence (4) along said "Course A", S.45°31'37"144., 23.37 feet to
the TRUE POINT OF BEGINNING.
Containing 1,169 squa-re feet.
The bearings and distances used in the above description are on the
California Coordinate System, Zone 6. Multiply all distances used in the
above description by 0.999983 to obtain ground level distances.
This grant- is a perpetual easement and right of way for the construction, reconstruction, excava-
tion, maintenance, operation and repair of sewer and/or drainage and/or embankment facilities, together
with the right to enter upon and to pass, and repass, over and along said easement and to deposit tools,
implements, and other materials thereon.
DATED- December 23, 1968
Signed in the presence of:
(—)
46 B. Fasig
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss
On December 23 1968,
before me, a Notary Public, personally appeared Jo B .
known to me to be the person whose name is subscribed
to the within. instrument as a witness thereto, who being
by me duly sworn, says: That he resides in San Diego
County, and that he was present and saw
Kile hloraan and Ione Minogue
who is personally known to him to be the some person
whose name is subscribed to the within instrument, sign
and deliver the same and that he then acknowledged
to offiant that he executed the same; and that said
ffiant subscribed his name thereto -as a witness.
I
Notary Public in and for said County and S#'ate
Maud F. Smith
SEAU 1y Commission Expires May 14, 1971
After recording, mail to:
CITY OF NATIONAL CITY
1243 National Avenue
asig
SPACE BELOW FOR RECORDER'S USE ONLY