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HomeMy WebLinkAboutCC RESO 6700• RESOLUTION NO. 6700 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: That the certain agreement by and between the City of National City and Lester W. Knapp, providing for the making of improvements in Scott Terrace Subdivision, a copy of which is hereto attached and by reference is made a part hereof, is hereby accepted and approved and the Mayor is ordered and directed to execute the same for and on behalf of the City of National City. PASSED AND ADOPTED on the / — day of August, 1956. ////://Z/': Mayor TFIS AGREEM,XI, made at National City, California on this day of (g."--1/ 1956, by and between the CITY Of NATIONAL CITY, a munioipal corporction, hereinafter referred to as and LESTal KN.A.P?, hereinafter referreu to as "XNAPP0; ji I S II 11: XNAPP is the owner of certain real property in the Scott Terrace subdivision, now situateu in the City of National City; Find YJERLAS, heretofore and prior to the annexation of said rel property by the CITY, a valid permit was issued by the County of San Diego for the construction of Lertain public street improve- ments in said Scott Terrace subdivision in accordance with certain plans and specifications (1M1835$ sheets 1 and 2)$ approved by the San Diego Ccunty Surveyor on October 20, 1954, and the Scott Terrace subdivision %ap No. 3153 filed with the County Recorder of said County of San Diego on November 4, 1954; and }ERAS, the fees for said permit and inspections of said work of improvement in the sum of 019.17 and a surety perforw,nce bond for said work in the sum of $15,479.00 have heretofore been paid to and filed with said County of San Diego as required by law; and -:4;21-LASt said work of improvement had been o ofp,laced prior to said annexation by said CITY; and "ii-LR,AS$ since his acquisition of said property KNIO,', has ant red into a binding contract for completion of said public street improvements in accordance with said plans and specificationa and in reliance upon said permit; and KNAPPIs contractor haS heretofore commenced the work of grading and .xcavating for said public street improvements pursuant to said plans and specifications and said permit; and '5.1ibRbe&.* it now appears that continuance and otpietion of Said work of public street improvement pursuant to bald plans and sPesItiedtionS will necessarily iavolve damage to and de traction of certain azisting sower nt;ins* lines and facilities in and anger said public strt-ts* which said mains* lines and facilities were installed about January* 1965* prior to KNAPPts acquisition of said property* and which neve heretofore been lased and accepted by said CITY and are the public property of said CITY; and Y:n.-e13,:dab* it appears that relocation of said Sower mains* lines and facilities to avoid such damage and destruction would in- volvo oxpendituro of are sums; and it appears from competent engineering opinion that 401,' such relocation of said sewer facilities can be avoidtd by changing tho grades specified for said public street improvements in said plans and sfecifications, and taut improvcaent in the gontral ap- pearmnce of the entire hoott Itrrace subdivision will be accomplished* without violation of good engineering practices by changing and raiS. ing said grades to more neerly conform to the existing grades and terrain; and kiglIYAS* it is the desire of OAP? to provide more adequate anStbsttor Street and drainage loorovemehts then those set forth in Said plans and sp�iZtations and to accomplish same by reilsion of and a,;tnamehts to stAd plans and specifications; and 4 Va_MAZ 0. it is the desire of said CITY to weld such a to and destruction of said sewer mains, linos and faCilitlue and the expenditure of such su for the relocation of sa,!,. Zita.,1,116.4* IT a;, !RE L that in consideration of the matUal promises agreements and covananta contained herein, it is covenanted* agreed and promised by each perty hereto* to and with the Other party hereto* as follows: That the TIT! she' 4 nd doesh eby, eztheriao permit KNAPP, his contractors, employees, to do and per- form the work of construction of certain improvements in and upon the public streets ofScott Terrace subdivision and certain real property owned by KNAPP, as hereinafter set forth; and shall issue, furnish and provide all permits, auteorizations, approval and in- spections of same by appropriate CITY officials and employees as required by law and without delay as tee same may be requir oNt That KNAPP shall grade and excavate said public streets to conform approximately to the grades which presently exist and to avoie damage to and destruction of said existing sewer ains, lines and facilities, said grades to b• in aocordanee with Good engineering practices and eubject to approval of the CITY'. engineer* TLIED: That KNAPP shall grade all of said public streets full width as indicated on said existing plans and shall pave and surface sane as shown and sa:cified on the section of said plans and Stacifications heretofore approved by the County Surveyor on °etc,- ber 20* 1954, FOURTH: That KNAPP seal' Install and construct type 0 curbs at public streets throughout the entire Scott Terrace subdivi- sion where rollatype curbing or berm is indicated on said existing plans and specifications, in lieu, of the roll -type curbing or berm so Specified in said existing plans and specifications. FIFTH: That MAP? shall grade, excavate, surface, pave and improve the turn -around, or cul de sac, on Scott Drive to a radius of 3B feet in lieu of the 32 feet radius specified In the existing plans and specification. aIaTH: That NNAPP shall install and construct a RaP cul- vert at Fig Court from tbe West line of Lot 35, Westerly 216 felt to the lined ditch shown in Lot 34 on the existing plans and speoiraea. tions* together with a head 11 at upper end thereof; that the lin ditch on Fig Court as shown an said wasting plans and specifications CA: sin aced; that in l iea thereof MAP shall _- tom are open unlined dirt ditch carrying drainage to the west, ap- tely 425 feet. J NTH That in ditot to be so installed and paragraph aix H he'einabove, that he, hip heirs ass pep same 11 main is ha tiara for which same i 4I kT : "h arrive waicah have bees at onn oonstr K Az p with said taxi e i.aed dirt by .w, as Set i orth in p hereby covenant and agree ai main and repair same and weeds, debris and other ©bstratctiona a ;ood ce ndition to form performthe drai+ fua: cheats sewer et grading and excavating zi ' xaat A s 11 relocate or a neret -en much of the Easterly 1 feet stub sewer i.n Scott Drive as required to provide mihi* i csvwr for same. TLNU:That XNAPP shall install two 6 inch fire hydra locati . and spec October and between on t 3a' she I do tag, sursurfacing .nd pav C3 fl y be work ott Terrace subdivision in accordance with Said plans ti ► sr tafore approved by the o my x eycr on except as herein reified, changed aid amended. 'I That it is expressly understood and pa y erete that KNAPP small not be required to do or perform any work or construction in cosmoson wi,° h or ap; r aining to said existing sewer mains, lines and faciliti, Save as pee trice red agrees that it will not call upon or require KNAPF to do or per ' any other work or construction in connection with sewer mains, forth h.ereinabove; the CITY hereby covenant linesstreet paving or s. drama a other works of improvement, ecpress.y provided for herein. save B E" : Tht NAPFa st a furnish all necesSerY r °j ondments to existing plans and specifications as may e required for said work, prepared by licensed engineers, and shall S'#,haat sage to the CITY engineer for approval within a reasonable tip after a ecution hereof. t; �T- '411TII4 That all of the work herein provided to be done, perf ar d and furnished by KNA?P shall be done, perfor ed furnish b3a his pence,without oast to the CITY; that s' p ° aceed diii ently to completion of said work upon approves;, rt f said revised an nded plans and spec 'ieations and issuance of authori etiox a d r its therefor by the apprs priate CITY officials; and that' shall furnish and file 'with the CITY a surety performance bond therefor, in standard form, in the sum of $7,000.00. I=ITS' the parties hereto have affixed their yof7/C i�r. !,r1956,,at ame Nationa . City, s this ornia. NATIONAL C IPLCC AT ( i%2X=1 7 P /11111144 KNAPP