HomeMy WebLinkAboutCC RESO 9728RESOLUTION NO. 9728
RESOLUTION AUTHORIZING EXECUTION OF RIGHT-OF-WAY
CONTRACTS AND GRANT DEED
Parcel No. 11833
(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 Contracts
and the original Grant Deed covering Right -of -Way Parcel No.
11833 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:
FORM HR/W-2
Nati ona1
__California
December 23_ 1968
CITYOPNATIONAL_CITY
Grantor___
O ST.
COUNTY
RTE.
P.bI
- R/W E. A.
11
SD
805
9.5/11.6
045832
(N.C. Res. No. 9728)
RIGHT OF WAY CONTRACT —STATE EliGHIftrAY
Document No.
11833
in the form of a Grant Deed
covering the property particularly described therein has been executed and delivered to
JAMES 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) Pay the undersigned grantor (s) the sum of $ 1,8_60s0_0 for the property or interest
conveyed by above document (s) when title to said property vests in the State free and
clear of all liens, encumbrances, assessments, easements and leases (recorded and/or un-
recorded), and taxes, except:
a. Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in
the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at
the close of escrow.
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 an easement to connect a water line to the
Sweetwater Water Company's main water lines by Deed recorded
November 20, 1917, in Book 743, Page 210 of Deeds.
This transaction will be handled through an escrow with the Security
Title Insurance Company of San Diego; Escrow No. 409652.
(B) Pay all escrow and recording fees incurred in this transaction,
and, it title insurance is desired by the State, the premium charged therefor.
Said escrow and recording charges shall not, however; include reconveyance
fees, trustee's fees, or forwarding fees for any full reconveyance of deed
of trust or full release of mortgage; nor shall said charges include real
property transfer tax.
The State is hereby authorized to deduct from the payment shown in
Paragraph 2(A) above an amount necessary to purchase real property transfer
tax stamps in applicable amounts, and to affix same to the document referred
to in Clause 2(A) above.
(C) Have the authority to deduct and pay from the amount shown in
Clause 2(A) above, any amount necessary to satisfy any delinquent taxes due
in any fiscal year except the fiscal year in which this escrow closes,
together with penalties and interest thereon, and/or delinquent or non -
delinquent assessments or bonds except those which title is to be taken
subject to in accordance with the terms of this contract.
3. The undersigned grantor(s) hereby agree(s) and consent(s) to the
dismissal of any eminent domain action in the Superior Court wherein the
herein described land is included and also waive(s) any and all claims to
any money that may now be on deposit in said action.
4. 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 and agreed by and between the parties hereto
that payment in Clause 2(A) above includes, but is not limited to,
payment for 350 L.F. of 5' chain link fencing which is considered
t.o be part of the realty and is being acquired by the State in this
transaction.
6. It is understood by and between the parties hereto that the State
of California shall in no way alter or change the drainage channel grade
line within the right of way area being conveyed herein by Document No.
R/W 16833.
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__
Right of way Agent
By'
Supervising Right of Way Agent
City of National City
le Mor an,/ Mayor -
av
Io•e Minogue, City4lerk
Grantor_
STATE OF CALIFORNIA
DEPARTMENT OF PTJBLIC WORKS
DIVISION OF HIGHWAYS
By
District Engineer
No Obligation Other Than Those Set Forth Herein Will Bo Recognized
■ST. Zest. 10650-e00 a -es for SEXT Q OSP
Tltle Insurance Company of San Diego; Escrow. No. 409652.
0.
N
a
a.
°
GRANT DEED
(CORPORATION)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
N.C.Resolution No. 9728
DISTRICT
COUNTY
ROUTE
POST MILE
UMBER
11
SD
805
10.1
R/W
11833
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 San Diego , State of California, described as:
That portion of the Southerly half of the Easterly quarter of
the Southwesterly quarter of Quarter Section 129, Rancho de la Nacion,
according to Map thereof No. 166 on file in the office of the Recorder
of said County as conveyed to the City of National City by deed re-
corded May 26, 1958, in Book 7095, page 492 of Official Records of
said County, described as follows:
Beginning at the Northeasterly corner of said National City's
land; thence (1) along the Northerly line of said land, S.71°58'58W.,
219.45 feet; thence (2) leaving said Northerly line, S.31°33'50"E.,
117.36 feet to the Southeasterly line of said land; thence (3) along
said Southeasterly line, N.41°15'25"E., 223.31 feet to the point of
beginning.
Containing 0.29 acre.
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 purpose of a freeway and the
grantor hereby releases and relinquishes to the grantee any and all
abutter's rights including access rights, appurtenant to grantor's
remaining property, in and to said freeway.
FORM HR/W-7A (REV. 4-66)
9/11/68
EST. 194. 94360-500 4-6] 3M 0 OSP
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal
to be affixed hereto, this 23rd
day of_ -------------------December —__---
CITY=OF'`NATIONAL CITY
By
By
STATE OF CALIFORNIA
_County of
On this_—_23rd__day of_
San Diego
� s
}
SS.
•
19 68
[CORPORATE SEAL]
riY Mayor
_g66ygry City
Clerk
December. _, 19 68__, before me, the undersigned, a Notary Public
in and for the State of California, residing therein, duly commissioned and sworn, personally appeared Kile Morgan
known to me to be the--__---- Mayor _____ ___ __- and_—__IoneMinogue _-----
known to me to be the__—_ City Clerk_
of the corporation described in and that execute
executed it on behalf of the corporation therein
the within instrument pursuant to its by-laws or
WITNESS my hand and official seal
OFFICIAL S:i?I.
Mr/.!.r3 F.
Pi :T:1 pop LIC _ C".G!:,;i".!.
PSI^IC.iP:.L OFFIi; ' -
CL,O 't-i CK- ea-
d the within instrument, and also known to me to be the person S who
named, and t_he_ acknowledged to me that such corporation executed
a resolution of its board of dirgctors.
Zex'`-- — j (Seal)
Maud F. Smith
Name (Typed or Printed)
. Notary Public in and for Said State
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.
IN WITNESS WHEREOF, I have hereunto set my handof—
By --
Director of Public Works
Attorney in Fact