HomeMy WebLinkAboutCC RESO 7269RESOLUTION NO. 7269
The City Council of the City of National City does hereby
resolve as follows:
Modification of grant of easement from the United States
of America to the City of National City, California, dated
March 14, 1958, a copy of which is hereto attached and made a
part hereof by reference, is hereby approved and accepted for
and on behalf of City of National City and the City Clerk is
hereby authorized and directed to executed a certificate of
acceptance and to record the same pursuant to Resolution No.
7083.
PASSED AND ADOPTED THIS -day of July, 1958.
j%c 7
MAYOR
MODIFI NATION
of
GRANT OF EASEMENT
from
THE UNITED STATES OF AMERICA
to
THE CITY OF NATIONAL CITY, CALIFORNIA
WHEREAS, by Grant of Easement dated June 13, 1955, and
recorded January 24, 195b, in gook 5951 at Page 14 of Official
Records of San Diego County, California, the United States of
America granted and conveyed unto the City of National City,
a municipal corporation organized and existing under the
lawe of the State of California, located in the County of
San Diego, State of California, a permanent easement for
street improvement purposes over and across certain lands
Identified and particularly described in said Grant of Easement
as Parcel 1 and Parcel 2; and,
WHEREAS, the City of National City, California, herein•
after referred to as the "Grantee," has requested the con-
veyance by the United States of America, hereinafter referred
to as the "Government," of a permanent easement for street
improvement purposes over and across a small additional area
of Government -owned land which is a strip of land, 20,0 feet
in width, measured at right angles, and is contiguous to the
westerly boundary of Parcel 1 of the land described in the
aforesaid Grant of Easement dated June 13, 1955; and,
WHEREAS, the Government ie the owner in fee simple et
the aforesaid additional land and said land is situated at
the U. 8. Naval Station, San Diego, California, hereinafter
referred to as the "Station"; and,
WHEREAS, the grant of an easement over said additional
land on the terms and conditions hereinafter stated will
not be against the public interest:
NOW, this Indenture witnesseth that, in coneideratien
of the mutual benefits and advantages to be derived by the
parties hereto, the Government, pursuant to the authority
of Title 10, U. S. Code, Section 2668, hereby grants unto
said City of National City a permanent easement for street
improvement purposes over the increased area of land herein,.
after described and said Grant of Easement to the City of
National City, California, dated June 13, 1955, is modified
and amended as follows:
1. The description of Parcel 1 in said Grant of
Easement dated June 13, 1955, is hereby amended and modified
to read as follows:
Parcel 1
A parcel of land situate in the City of National City,
County of San Diego, State of California, described
as follows:
Beginning at the intersection of the Northerly line
of 13th Street, National City, California, with the
Westerly line of the Atchison Topeka and to Fe
railroad right -of Vay; thence South 50 4o, West,
along said railroad right-of-way line, 87.64 fest to
a point on the Southerly line of said 13th Street;
thence South 710 341 12 West along the Southerly
line of said 13th Street a distance of 61,85 feet to
a point; thence South 100 041 15" West a distance
of 48.14 feet to Station No. 40 on the Mean High
Tide Line of San Diego Bay (as established by
George d Hemecourt but not adopted by the Board of
Harbor Commissioners); thence continuing South
10 0 04' 15" West a distance of 249,18 feat; thence
South 83° 24' 28" West a distance of 83.53 feet;
thence North 100 041 15" East, a distance of
368.85 feet to a point on the Westerly prolongation
of the Northerly line of said 13th Street; thine'
North 710 34' 12" East a distance of 145.26 feet
along the said prolongation of the Northerly line
Of 13th Street to the point of beginning, contain-
ing 0.81 acres, more or less.
2, In consideration of this grant and the additional
easement rights herein conveyed to the Grantee by the
Govern*ent, the following additional terse and oonditione
are hereby added to and made a part of said Grant of Naeetent
dated June 1,3, 19558
a. That all work in connection with the oonetruotioa,
operation, repair and use of the Road shall be done without
cost or expense to the Government and in accordance with
plans previously approved by the Commanding Officer,
U. 9 Naval Station, San Diego, California
referred to as the °'Comending Officer'.
b. That prior to the construction, r
natter
ruction,
maintenance, repair and use of the Road authorized hereua4sr,
the Grantee shall, at its own expense, undertake and perform
the following work in accordance with plane and epecifioatiope
which shall have been approved by the said Commanding Officer,
and any and a1.1 work aha1l be accomplished in a wanner eati.e
factory to the Commanding Officer;
(1) The existing Government
d gate shall be
relocated and much additional sections of fencing shall be
installed ae may be required by the Commanding Officer foP
military aeourity requirements,
(2) That portion of the existing U. d. Naval dtatiotl
high**presoure, 16-•inch fresh water fire distribution
service line, located within the boundaries of the proposed
Road, shall be relocated or realigned in a manner eatielaeltory
to the Commanding Officer-, to a new location within the
Station and entirely outside the area of said Road.
c. That the Grantee shall maintain the Road in
good condition and shall promptly make all repairs
thereto which may be necessary for the operation and the
maintenance of said Road.
d., That upon termination of the easement granted
herein, if desired by the Government, the Grantee, at
its expense, shall remove any and all improvements
installed or constructed hereunder and restore the
Premises to the same or as good condition as that which
existed prior to the exercise by the Grantee of its
rights hereunder, such restoration to be effected to the
satisfaction of the Commanding Officer.
e. That the Government reserves the right to make
such connections between the Road herein authorized and
other roads on the Station as the Government may consider
necessary, and also reserves to itself rights of way for
all purposes across, over, and/or under the right of way
herein granted; provided, however, that such rights shall
be used in a manner that will not unreasonably interfere
with the use and enjoyment by the Grantee of the easement
rights granted herein.
3. Except as herein modified, all of the original
terms and conditions of the Grant of Easement dated
June 13, 1955, shall remain in full force and effect.
IN WITNESS WHEREOF, the Government, acting by and
through the Department of the Navy, has caused this
instrument to be executed on this 14t,
day of • I,.A1 ..
STATE OP CALIFORNIA)
) es.
COUNTY OF aim DIEGO)
195S.
UNITED X OF 7 CA
s !
By e� oe o he 4 -- of of
the Bureau of Yards and Docks
acting under the direction of
the Secretary of the Navy
On this / day of e a in
the year 1958, before me /') '.? D. N:%' 1 tNS
a Notary Public in and for said Count and State,
personally appeared /,(
known to me to be the person whose name is subscribed to
the within instrument, and acknowledged that he executed
the same by direction of the Chief of the Bureau of Yards
and Docks, acting under the direction of the Secretary
of the Navy, U.S.A.
Alry.,-cAad as to Torn
Counae1
DPWO 11ND
Notary •1 c in and for the Count of
San Di. o, State of California
My Commission Expires Feb. 27. 1961