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HomeMy WebLinkAboutCC RESO 93239323 RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KELCO COMPANY BE IT RESOLVED by the City Council of the City of National City that the Mayor and City Attorney are hereby authorized to execute an agreement regarding the dedication of public streets and the construction of other public im- provements with Kelco Company in consideration of Kelco Company granting a street right of way to the City. PASSED AND ADOPTED this 7th day of March, 1967. ATTEST: CITY CLERK , PASSED AND ADOPTED this 7th day of March, 1967. ATTEST: J _f„ CITY CLERK / After recording return to: City Clerk City of National City 1243 National Avenue National City, Calif. 92050 AN AGREEMENT REGARDING THE DEDICATION OF PUBLIC STREETS AND THE CONSTRUCTION OF OTHER PUBLIC IMPROVEMENTS PARTIES: The parties to this Agreement are the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "City"; and KELCO COMPANY, a corporation, hereinafter referred to as "Kelco". II PURPOSE: The purpose of this Agreement is to pro- vide for the dedication of a public street and to regulate the future installation of related improvements: drains, sewers, and a roadway. III DUTIES OF KELCO: (a) Dedication of Public Way: Kelco agrees to dedicate to the City of National City, for street purposes, lands necessary for the southerly prolongation of Coolidge Avenue to the southerly boundary of the City of National City. A complete description of the lands to be so dedicated is at- tached hereto and marked "Exhibit A" and incorporated herein as if fully set forth. IV DUTIES OF CITY: (a) The City will construct, upon the dedicated lands, a traversable roadway according to National City draw- ing No. 505-p as revised 12-2-66, a copy of which is attached and marked "Exhibit B" and incorporated herein as if fully set forth. 2 (b) Notwithstanding National City's Drawing No. 505-P the City will construct a permanent drain for local drainage purposes in the street right of way at City expense. The. drain will be of a type and location sufficient to convey all local drainage through the street right of way. Local drainage includes surface waters entering Kelco's land from the northeast from an area commonly known as the "Duck Pond." The City's responsibility to convey all local drainage through the street right of way does not include any responsibility to convey waters of the Sweetwater River, and in particular, waters of the north branch of the Sweetwater River. The City agrees that the permanent drain, when installed, will be located in the northerly 60 feet of the dedicated right of way as measured along the center line of the right of way. The parties agree that temporary drainage facilities are not subject to a location restriction. (c) Notwithstanding the provisions in paragraph (b) above, if at a future date the City requires Kelco to install a drainage system with respect to the Sweetwater River, the City will pay the cost of that part of the drainage system crossing the dedicated right of way. This obligation will occur only if crossing the dedicated right of way with a drainage system is a City imposed requirement. (d) The City promises that Kelco will not be charged for the cost of extending any sewer or sewer lines across the dedicated lands for the use of others. 3 V The rights and obligations of this agreement shall inure to and be binding upon the successors in interest of both the City and Kelco. VI The execution of this agreement on behalf of the City shall be authorized and ratified by a formal resolution of the Council of the City of National City, a certified copy of which resolution shall be forwarded to Kelco. Subscrib'cd - ,t,,,'�:_ 28th Al, r '•, ea.! , o J. ; In' and fcr the ,`c y Dated: _1z - 7 / 967 and sworn to day of Febr Cocn;y of San Diego My C. A. Robert 1 _i• ;... :?.yore me this uary l' 19 67 r Public SiELO at Cahfcrnia son CITY OF NATIONAL CITY, a municipal corporation By Mayor BY NA4 CAYT—Ca yAttorney KELCO COMPANY, a corporation By, DESCRIPTION OF THE. SOUTHERLY PROLONGATION OF COOLIDGE AVENUE TO THE SOUTHERLY EOUNDARY OF THE CITY OF NATIONAL CITY. Those portions of Lots 105 and 106 of Bahia Vista, in the City of National City, County of San Diego, State of California, ac- cording to Map thereof No. 1815, filed in the office of the County Recorder of said County, December 19, 1924, described as follows: Beginning at a point on the Easterly line of said Bahia Vista, distant thereon South 18°35'East 519.7& feet from the Northeast corner of Lot 150 of said Bahia Vista, and running thence South 71°25'West 290.00 feet; thence South 6°30' West 260.00 feet; thence South 8 5°01' West 357.67 feet; thence South 73°14' West 182.77 feet to the Southeasterly corner of Coolidge Avenue as dedicated by Resolution No. 8620, of the City Council of the City of National City of which was recorded April 15, 1964 as Document No. 68371 of Official Records, being the true point of beginning; thence along the Southerly boundary of said Coolidge Avenue, South 73°14' West 46.23 feet to an angle point; and North 67°08' West 45.08 feet to the Southwesterly corner of said Coolidge Avenue; thence along the Southerly prolongation of the Westerly line of said Coolidge Avenue, South 18°35' East to the Southerly boundary of said Bahia Vista; thence along said Southerly boundary North 71° 25' East 80.00 feet to the Southerly prolongation of the Easterly line of said Coolidge Avenue; thence along said Southerly prolongation North 18°35' West to the true point of beginning. Exhibit "A"