HomeMy WebLinkAboutCC RESO 2020-218RESOLUTION NO. 2020 — 218
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING AN EASEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND
PEDESTRIAN ACCESS ALONG THE PROPERTY FRONTAGE OF 500 MILE OF
CARS WAY, APN 562 340 43 00 ON BEHALF OF THE PUBLIC, AUTHORIZING THE
MAYOR TO SIGN THE EASEMENT AND APPROVING THE EASEMNT'S
RECORDATION
WHEREAS, H.G. Fenton ("Owner"), is the owner of the property located at 500 Mile
of Cars Way, is working with the City of National City ("City") to provide an additional traffic
lane along the southerly side of Mile of Cars Way to alleviate congestion along Mile of Cars
Way and the northbound off -ramp of Interstate 5; and
WHEREAS, the Owner will construct, on the property and in the right of way, new
curb, and gutter, asphalt pavement, pedestrian ramps, modify the existing traffic signal, street
striping, and provide additional signage; and
WHEREAS, the Owner provided an easement agreement for the public access over
and across said property and to provide for the entry of City forces to maintain, repair, and
replace the pedestrian ramps, portions of sidewalks, and traffic signal and appurtenances;
and
WHEREAS, the City's staff recommends City Council accept an easement for traffic
signal maintenance and pedestrian access along the property frontage of 500 Mile of Cars
Way, APN 562 340 43 00 on behalf of the public, authorizing the Mayor to sign the easement,
and approve the easement's recordation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby accepts an easement for traffic signal maintenance and pedestrian access along
the property frontage of 500 Mile of Cars Way, APN 562 340 43 00.
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sign the
easement for traffic signal maintenance and pedestrian access along the property frontage
of 500 Mile of Cars Way, APN 562 340 43 00 and approve the easement's recordation with
the San Diego County Recorder's Office.
PASSED and ADOPTED this 1st day of December 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City
Passed and adopted by the Council of the City of National City, California, on
December 1, 2020 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City CI rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2020-218 of the City of National City, California, passed and
adopted by the Council of said City on December 1, 2020.
City Clerk of the City of National City, California
By:
Deputy
Recording Requested by:
After recording mail to:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO DOCUMENTARY TAX DUE — R & T 11922
Presented for record by the CITY OF NATIONAL CITY
EASEMENT AGREEMENT
PEDESTRIAN ACCESS AND TRAFFIC SIGNAL
This Easement Agreement ("Agreement"), dated for reference purposes only as of April 1,
2020, is made between H. G. FENTON PROPERTY COMPANY, a California corporation
("Grantor"), and THE CITY OF NATIONAL CITY, a municipal corporation, in the County of San
Diego, State of California ("Grantee"), with reference to the following:
A. Grantor is the record owner of the real property address at 500 Mile of Cars Way,
National City, California, which is more particularly described as
Parcel 1 of Parcel Map No. 7941, in the City of National City, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego County
on October 13, 1978 as File No. 78-437982 of Official Records
("Property").
The Property has been improved with a fast food restaurant with drive -through service. The Property
is accessed via a driveway entering from Mile of Cars Way ("Driveway"). The Driveway and other
areas of the Property adjacent to Mile of Cars Way are being reconfigured in connection with certain
improvements to the restaurant.
B. Grantee has previously installed a traffic signal on a portion of the Property ("Traffic
Signal"), to control traffic at the intersection of Mile of Cars Way, the Driveway into the Property,
and Wilson Avenue which is directly across Mile of Cars Way from the Driveway, all as depicted on
the site plan attached hereto as Exhibit C.
C. Grantee wishes to acquire a non-exclusive easement for pedestrian access and
maintenance of the Traffic Signal, in that portion of the Property that is described on the attached
Exhibit A and depicted on the attached Exhibit B ("Easement Area"). Grantor is prepared to grant
the requested Easement but only on the terms of this Agreement.
1
4826-1852-3575 v.1
THE PARTIES AGREE:
1. Subject to the terms of this Agreement, Grantor, for a valuable consideration, receipt
of which is acknowledged, grants to Grantee a perpetual non-exclusive pedestrian and traffic signal
easement ("Easement") upon, through, over and across the Easement Area. The Easement shall be
used for pedestrian access across the Driveway and for installation, maintenance, repair and
replacement of the Traffic Signal and no other uses or purposes.
2. Grantor agrees not to take any action to intentionally prevent, obstruct, or interfere
with Grantee's use of the Easement for the purposes set forth above, but shall retain control and use
of all of the Property, subject in the case of the Easement Area to Grantee's rights hereunder.
3. Grantee shall maintain Easement Area in a neat, clean, safe, attractive, sanitary and
orderly condition at all times, and shall take such maintenance and repair actions as are necessary
without any cost to Grantor. Such maintenance shall include, without limitation, removal of debris,
asphalt repair, seal coating, crosswalk painting and striping, concrete curb repair, stamped concrete
paving repair, traffic signal repair, directional arrow repainting, and keeping the Easement Area
suitable for vehicular ingress and egress to the Property from Mile of Cars Way via the Driveway.
4. Grantee shall have a right -of -entry upon the Property for the purposes of inspecting,
operating, maintaining, and keeping in good repair the above described works of maintenance.
5. Grantor shall not be liable to Grantee for any loss, liability, damage or injury arising
out of or in connection with Grantee's use of the Easement or Grantee's activities on the Property in
connection therewith, and Grantee releases Grantor from any potential claims arising out of or
connected to Grantee's use of the Easement pursuant to this Agreement. Grantee shall indemnify,
protect, defend and hold Grantor and its tenant on the Property, and the employees, agents and
representatives of each, entirely free and harmless from all actual and alleged loss, damage or injury,
and from all costs and expenses arising from the activities of Grantee or its representatives on the
Easement or other portions of Grantor's property, including reasonable attorneys' fees and costs.
6. The following exhibits are attached hereto and made a part hereof:
A Description of Easement Area
B Depiction of Easement Area
C Site Plan of Property
2
4826-1852-3575 v.1
IN WITNESS WHEREOF, the Parties have executed this instrument as of the date written
above.
Grantor:
H. G. FENTON PROPERTY COMPANY, a California
corporation
By
Name:
Title:
Grantee: THE CITY OF NATIONAL CITY, a municipal
corporation
By
Name: Alejandra Sotelo-Soli
Title: Mayor
By
Name:
Title:
3
4826-1852-3575 v.1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
) ss.
On OC (O , ()a() , before me, I,1r.IS411 66551'
(insert name and title of the officer)
personally appeared r \ I(A a el r Iva I cm) YPCfr re) p a
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
z
KRISTA BOSSI
Commission No. 2315962
NOTARY PUBLIC - CALIFORNIA ;;
SAN DIEGO COUNTY
Commission Expires December 16, 2023
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
4
4826-1852-3575 v.1
EXHIBIT "A"
LEGAL DESCRIPTION OF A NON-EXCLUSIVE PEDESTRIAN AND TRAFFIC SIGNAL EASEMENT TO
THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 7941, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED OCTOBER 13, 1978 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
AS FILE NO. 78-437982 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 1 BEING A POINT OF THE
SOUTHERLY RIGHT OF WAY LINE OF MILES OF CARS WAY AS SHOWN ON SAID PARCEL MAP;
THENCE NORTH 72°07'27" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND SAID SOUTHERLY
RIGHT OF WAY LINE 16.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE SOUTH
17'38'32" EAST 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 12.00 FEET SOUTHERLY OF SAID
NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE NORTH 72°07'27" EAST ALONG SAID PARALLEL LINE 40.22 FEET;
THENCE SOUTH 17°52'33" EAST 19.33 FEET;
THENCE NORTH 72°07'27" EAST 10.83 FEET;
THENCE NORTH 17°52'33" WEST 19.33 FEET TO THE EASTERLY PROLONGATION OF SAID PARALLEL LINE;
THENCE NORTH 72°07'27" EAST ALONG THE EASTERLY PROLONGATION OF SAID PARALLEL LINE 11.95 FEET;
THENCE NORTH 17°38'32" WEST 12.01 FEET TO A POINT ON SAID NORTHERLY LINE OF PARCEL 1 AND SAID
SOUTHERLY RIGHT OF WAY LINE, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 508.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS
SOUTH 18°10'13" EAST;
THENCE WESTERLY 2.61 FEET ALONG SAID CURVE, SAID NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY
RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 00°17'40" TO THE END OF CURVE;
THENCE SOUTH 72°07'27" WEST 60.39 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
THE AREA OF THIS LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 965 SQUARE FEET OR 0.022 ACRES.
REFER TO THE EXHIBIT "B" SKETCH CONSISTING OF 1 PAGE ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING
STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR:
06-10-2020
MSL ENGINEERING, INC. DATE
MARK S. LAMOUREUX, PRESIDENT, PE, PLS
P.L.S. 5794 REGISTRATION EXPIRES 06-30-2022
MSL JN 18014
Page 1 of 1
PAGE 1 OF 1
EXHIBIT "B" SKETCH
PEDESTRIAN AND TRAFFIC SIGNAL EASEMENT TO THE CITY OF
NATIONAL CITY, A MUNICIPAL CORPORATION
PROPOSED NON—EXCLUSIVE PEDESTRIAN AND
TRAFFlC SIGNAL EASEMENT TO THE CITY OF
.� NATIONAL CITY, A MUNICIPAL CORPORATION
CONSISTING OF APPROXIMATELY 965 SQUARE
FEET OR 0.022 ACRES.
0 20 40
GRAPHIC SCALE
SCALE: 1-=40'
../
18014 TS ESMNT.DWG
LINE DATA TABLE
NO.
BEARING
DISTANCE
L1
N17'38'32"W
12.00'
L2
N72'07.27"E
40.22'
L3
N17'52'33"W
19.33'
L4
N72'07'27"E
10.83'
L5
N72'07'27"E
11.95'
L6
N17'38'32"W
12.01'
MILE OF CARS WAY
a
0
o�
al
O a0 I
`° I-
N72'07'27"E
81d,i
NS
60.39' 206.9[ 6=15'50'13" R=508.00' L=140.41'-�
80.60'
L6
/ L5
L3 /c. L3
�L4
N72'21'28'E 19.47' PARCEL 1
APN 562-340-043
PARTIAL LEGEND
_
�� J , 941 \ NWC NORTHWEST CORNER
MA F N'LY NORTHERLY
P.O.C. POINT OF COMMENCEMENT
it T.P.O.B. TRUE POINT OF BEGINNING
Exhibit "C"
Southport Commercial Park
500 MILE OF CARS WAY
2434 SOUTHPORT WAY 424 MILE OF CARS WAY
L K _
M
N
P F
0
R
S
—
0
T
k,l 1
2424 HOOVER AVE.
HOOVER AVENUE
lob I I I I I I I I
404 MILE OF CARS WAY=
AVM SSYO 30 31IW
Previously Installed traffic
signal