HomeMy WebLinkAboutCC RESO 2024-42 Easement Southeast Corner of the Paradise Creek Channel Between Highland Avenue and Kimball WayRESOLUTION NO. 2024 - 42
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN A GRANT OF EASEMENT FROM D
AVENUE HOUSING ASSOCIATES, LP FOR AN AREA LOCATED ON THE SOUTHEAST
CORNER OF THE PARADISE CREEK CHANNEL BETWEEN HIGHLAND AVENUE AND
KIMBALL WAY FOR CONSTRUCTION AND MAINTENANCE PURPOSES.
WHEREAS, the Paradise Creek Mitigation Project at Kimball Way, CIP 19-35, was a
grant -funded project completed in October 2022 that improved Paradise Creek between Highland
Avenue and Kimball Way (the "Project"); and
WHEREAS, the Project repaired sections of Paradise Creek at Kimball Way, including
removing existing concrete lining on the south creek bank, earthwork and regrading, and installing
articulated concrete blocks and cutoff wall on the south creek bank; and
WHEREAS, a critical component of the Project scope was to replace the retaining wall
located on the southeast side of the channel by the parking lot of the 99 Cents Only store, which
was at risk of collapse due to extensive stormwater erosion over the years; and
WHEREAS, during the Project design phase, staff determined that a portion of the failing
retaining wall was located on private property; and
WHEREAS, the City coordinated with the adjacent property owner, D Avenue Housing
Associates, LP, to obtain an easement to reconstruct and maintain the retaining wall; and
WHEREAS, ID Avenue Housing Associates, LP has agreed to grant the easement to the
City, which takes into account the improvements the City made as part of the Project and
additional area in the event the City needs to repair the retaining wall in the future (the
"Easement"); and
WHEREAS, the Easement will be granted in perpetuity and at no cost to the City; and
WHEREAS, the City agrees to undertake all repair and maintenance of the area contained
within the Easement for public drainage purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby accepts and authorizes the Mayor to sign a
grant of easement from D Avenue Housing Associates, LP, for an area located on the southeast
corner of the Paradise Creek channel between Highland Avenue and Kimball Way for construction
and maintenance purposes.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 21st day of , 2024.
Morrison, Mayor
ATTEST:
Shelley Chadel, MMC, City Clerk
L
APPROVED AS TO FORM:
Barry J. SE;h�1'tz, City Attorney
Passed and adopted by the City Council of the City of National City, California, on
May 21, 2024 by the following vote, to -wit:
Ayes: Bush, Molina, Rodriguez, Yamane, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the City of National City, California
BY: 7
Shelley Chap MMC, City Clerk
c��