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Home My WebLink About05-28-1991 Agenda #5 - D91-10 b:ity of National City, California CuIJNCIL AGENDA STATEMENT May 28, 1991 MEETING DATE — AGENDA ITEM NO. 5 (-ITEM TITLE RESOLUTION RESCINDING RESOLUTION NUMBER 91-85 AND AUTHORIZING A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES FROM HIGHLAND VIEW TOWNE CENTER, A CALIFORNIA LIMITED PARTNERSHIP, THE OWNERS OF THE PROPERTY AT THE SOUTHEAST CORNER OF ETA STREET AND HIGHLAND AVENUE (A.P.N. 551- PRE A° D BY EXPLANATION Sam Arabzadeh DEPARTMEN Engineering This Resolution is to rescind Resolution No. 91-85 which had accepted a 4 foot wide Public Utility easement at the northeast corner of Division Street and Highland Avenue. The owners of the new Commercial/Residential property on the southeast corner of Eta Street and Highland Avenue are offering to the City of National City a 4 foot wide easement along the north side of the property, which is also on the south side of Eta Street. The Easement is to be used for Public Utilities and incidental purposes. This dedication is in conjunction with the development of the property. The easement area is approximately 620 square feet. Environmental Review Financial Statement Property owners are dedicating the easement at no cost to the City. STAFF RECOMMENDATION Adopt the Resolution. Alfa / A Account No. (1)9", f I I BOARD/COMMISSION RECOMMENDATION The Planning Commission approved a Conditional Use Permit for the Commercial/Residential property on the northeast corner of Division Street and Highland Avenue, on June 18, 1990. (Resolution No. 18-90). ATTACHMENTS (Listed Below) Resolution No. 9 1 - 1 0 1 1. Resolution 2. Easement 3. Plat Map J A-200 (R,- ". A200\GRAD7 rITY 4 91 tAki 22 Cri*,17.% 50 'f _-1 RESOLUTION NO. 91-101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES AT THE SOUTHEAST CORNER OF ETA STREET AND HIGHLAND AVENUE AND RESCINDING RESOLUTION NO. 91-85 (A.P.N. 551-570-07) BE IT RESOLVED by the City Council of the City of National City as follows: Pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the City of National City: EASEMENT dated November 30, 1990, for public utili- ties and incidental purposes from Highland View Towne Center, a California Limited Partnership. BE IT FURTHER RESOLVED that Resolution No. 91-85 is hereby rescinded. PASSED and ADOPTED this 28th day of May, 1991. George H. Waters, Mayor ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: George H. rEiser III City Attorney • After recording Mail To: City of National City Civic Center 1243 National City Blvd. National City, California'91950 Attn: City Clerk recording requested by City of National City padoaz mty=due.pe Rivmueand Titration Code t 1922 (amended) Ibis ace formender's tree A.P.N. 551-570-07 EASEMENT FORA VALUABLE CONSIDERATION, Highland View Rbwne Carter, a califs nia Limited Partnership HEREBY GRANT(S) to the City of National City, a municipal corporation in the County of San Diego, Slate of California, a permanent easement and right-of-way to construct, reconstruct, maintain, operate and repair An easement for public utilities and incidental purposes Including any or all apurtenances thereto, together with the right of ingress and egress, over, ender, along and across all that real property situated in the City of National City, County of San Diego, Stale. of California, described as follows: See legal description attached hereto and made a part hereof as Exhibit "A". See description plat attached hereto and made a part hereof as Exhibit "B". Dated ...Nmt®ber.3111,..199A ted OF OF SS. me the rodeo signal a Notary •lic in and for mid d Su(e, personally appeared -to 'be the,Keen instrument and at* (sal oat _.. Siguture of Notary brawn to re Mantled to she within maned the same. Highland View Towne Center, a California Limited Partnership By: Ly, the Simay Pataily.i. Trust, as General Partner 131:C alaffi r _ ce.0 at Perrier By: Will n canningham CERTIFICATE OF ACCEPTANCE This is to certify that the interest m Real Property conveyed by this iasr.-ument to the City or Nadsa C:y, a muni+pa' co 'option b bre!y tempted by code of the City Council pc, Resolution No dna and the Grantee consents to the recordation thereof by in duly authotimd officer. Dated - National City Engineering Dept. No. ....G Kai Ref.../7!.Qe:$. fie .4rMeec o/ By B.6Cr Date /?,4 4Ckd. sU.... Due i? 9.0 Name (Typed or Printed) Notary Public in and for said County and State ' 1 t STATEO,De fu OtitW. P(I.nac COUNTY OF �1NIA On -:11Pe YIBr 4, SM' o errors eyweNn.INna4• Notify Mum her ter seed fitde U.r.ona1H nn C; TrtS eP_ f1F SehP m @A . Gww tit c'c.�T ""a c11 Viler proved be.enw.sets otnatW bctwy evidence) to be w person MO wwtgd w WOW Yearn na_...4eV12ra an behalf or lt4A eft VIPin TaonP AZ wpomramp wMn named arrd .abwied0.d to me tat the partnership .aan.d t WITNESS my Gloat STATE E OFC VA COUNTYFCAl1FVA AnnS On a]IPC`PWbPer!' • before seethe t"dwtlpna4 a Nolmw►reYe In and tor add Sme.per.orrb enarret IPriNAV lid A9e.K4eC (Ms w braNkW nwialsoh Ma .wMy ssimba.(orproved to me an the but at satis- factory edd.nc.) to be wperson that .awed the a11Mn e.tu.m.ntas (PAAeraI earths% on SAOol t-1+g1M\AWI Wed) Taylor,. IT e wpennaMlD therein named and.etna.ydp.d to me that w partnership .a cul.d a WTTNESS my na and Witt seal &gnat • (RSarea tor afflicted ectsdalseal) STATE OF CANON 1 LCOUNTY OF Itri AIL nFr FS it on lleaS iMbee +d, IgAn before m,aer na.Ncmeal Public in sta Ma w moon* ant Lunt %Am (�/nn:wupaamh. rsWit 4 E (artooadbers pow bosh of ode g factory evidence) to be the poison It eaceted the within Instrument ws_S lnera I a.nnpU, an behalaaitipAVACINA \jCP/n tawnP Lem .0. _Dwparnrrship t!srelr, I n.a end o rosiodpad to ma that dw rdr.shlp E. Sera WITNESS my ytly.t..,` (a I��4/o/A,at�QT_—•-'�//AIYt • .d (Oa arse for Masi notarial semi) EXHIBIT "A" BEING A PORTION OF THE WESTERLY 348.96 FEET OF LOT 69 OF A PORTION OF T+UE EX -MISSION LANDS OF SAN DIEGO (COMMONLY KNOWN AS HORTON'S PURCHASE), IN THE CITY OF NATIONAL CITY, COUNTY OF CAN DIEGO,. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, AS SHOWN ON RECORD OF SURVEY NO. 11148, FILED IN THE OFFICE OFMTHE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 7, 1987, RE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID RECORD OF SURVEY NO. 11148, THENCE NORTH 89 DEGREES 36 MINUTES 55 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID SURVEY, A DISTANCE OF 292.76 FEET, TO THE POINT OF BEGINNING; THENCE, RETRACING ALONG SAID NORTHERLY LINE, SOUTH 89 DEGREES 36 MINUTES 55 SECONDS EAST, A DISTANCE OF 160.49 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 81 DEGREES 49 MINUTES 51 SECONDS WEST, A DISTANCE OF 23.15 FEET, TO THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY 7.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 33 MINUTES 14 SECONDS; THENCE NORTH 89 DEGREES 36 MINUTES 55 SECONDS WEST, A DISTANCE OF 142.81 FEET, TO A POINT OF CUSP ON A NON -TANGENT 22 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 34 DEGREES 42 MINUTES 44 SECONDS WEST; THENCE EASTERLY 13.48 FEET ALONG SAID CURVE THROUGH OA FCBEGINNINGGLE OF 35 CONTAININGE622ES 05 SQUAREINES 48 FEET, MOREECONDS, OR LESS. THE POINT 89248UTL.LGL 12/07/90 o •I • CML ENGINESTS * PLANNING CONSULTAMS * SURVEYORS 22a S4N DIEGO AYE,1121, SW DIEGO, C4 92110/298-5841 D= 108'29'40" R-••= 20.00' L.= 3Z 1 7' D= 106'29'40" RA* 22.00' •Li= 40.89' LEGEND EXHIBIT B /134'42'44"KR) a= 35'05'48" Rh= 22.00' 13.4•9' P.O.B. INDICA7ES EASEMENT FOR PUBLIC U77L/77 PURPOSES' GRANTED TO 7HE CITY OF N4770IVAL CITY INDICATES PROPERTY LINE REFERENCE DRAWING R.O.S. 11148 EX? 3-31.94 OF MY EEO/51E477 03/31/94 0 10 20 em VICINITY MAP NO SC4LE 771E 84S/S OF BEAR/NOS FOR MIS PLAT IS 7HE E4S7E9LY /VW OF HIGHLAND AVENUE AS SHOWY ON ROS 11148 1*. N16"08135"W C4IJFORNA .COORDINATE INDEX 186-1737 en. De. 08133'14" ft= 50.00' L= 7.48' ramest ENGBITER.ThIG CORPORATION SCALE SOIL& 1"=20' 40 -•-60 41 FEET far arzestrnacwot RESOLUTION NO. 91-101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES AT THE SOUTHEAST CORNER OF ETA STREET AND HIGHLAND AVENUE AND RESCINDING RESOLUTION NO. 91-85 (A.P.N. 551-570-07) BE IT RESOLVED by the City Council of the City of National City as follows: Pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the City of National City: EASEMENT dated November 30, 1990, for public utili- ties and incidental purposes from Highland View Towne Center, a California Limited Partnership. BE IT FURTHER RESOLVED that Resolution No. 91-85 is hereby rescinded. PASSED and ADOPTED this 28th day of May, 1991. George Waters, Mayor ATTEST: APPROVED AS TO FORM: George H. Eiser, III City Attorney ti After recording Mail To: City of National City Civic Center 1243 National City Blvd. National City, California $1950 Attn: City Clerk recording requested by City of National City no docuinentary tax due, per Revenue and Taxation Code 11922(amended) This space for recorder's use A.P.N. 551-570-07 EASEMENT FOR A VALUABLE CONSIDERATION, Highland View Tame Center, a California Limited Partnership HEREBY GRANT(5) to the City of National City, a municipal corporation in the County of San Diego, State of California, a permanent easement and right-of-way to construct, reconstruct, maintain, operate and repair An easement for public utilities and incidental purposes including any or all apurtenances thereto, together with the right of ingress and egress, over, under, along and across all that real property situated in the City of National City, County of San Diego, State of California, described as follows: See legal description attached hereto and made a part hereof as T:lfhibit "A". See description plat attached hereto and made a part hereof as Ekh bit "B". Dated ...November .311..199D ed S : OF CO OF SS 0 c me the under- signed a Notary •lic in and for said Cozen d State, personally appeared known to me to be the perso cse namubscrib.el to the within. instrument and aek dged tha executed the came. (Seam -11 Signature of Notary Name (Typed or Printed) Notary Public in and for said County and State Highland View 7bwne Center, a California Limited Partnership By. . Lynn Simay, tee o the Simay Fandly.l Trust, as General Partner CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property conveyed by this instrument to the City of National City, a municipal corporation is h eby accepted by order of the City Council per Resolution No.'I' I,O.I......... dated .tX\ j.2,6i 19`:?I. and the Grantee consents to the recordation thereof by i s duly authorized officer. o,=LCo, Dated 5730: R National City Engineering Dept. No Ref. ..�.QiS.fig •/li rt� - Boo By BC Date �?/3&kd. "M.... Date RE-S—IA4 3003 (6/82) (Partnership) First American Title Company 3003 (8/82) (Partnership) First American Title Company 3003 (3/82) (Partnership) First American Title Company STATE OF:LIEF/KqNg1� lsa UNTY OF IIJ.`1 pozaa On •eprofg( 4 1a0 before me the undersigned. a Notary Public in and for said State, personalty appeared' Lynn Rs'mod .` `Vr1,Stree. nF A4\P G^ 1N�J ` �Rtnni Ql { psreeneXFRnewn cnwe(or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument es Cey(P.rAl pertner(s), on behalf ol .S+ah\AN1()k \A-Qa3 'Mow _rAirkei the partnership therein named and acknowledged to me that the partnership executed It WITNESS my hanAend DMetal seal. {,LvlA IA l a rilik Signature IYti (This area for official notarial seep STATE OF:LIFOpp�EINI//�� COUNTYOFUh A1t.Y3E(..ES On JIPCP.t%I er "1, 14CIIO before me, the undersigned. a Notary Public in and for amid State personally appeared ifratcIS cleeK S ' (or proved to me on the basis of satis- factory evidence) to be the person that executed the within Instrument ma A PAA6rA I partner(s), onboAatfol 1`j3\et\A. M/A Vtgu) \T,, , raMeR the partnership therein named and acknowledged to me that the partnership executed it WITNESS my fond and official seal. Signature (This area for official notarial seal) STATE OF:LIFORJqIA I COUNTY�OOF /,N.S ilx(,_, : miss lea On J 1F�". NAtC Pi( `� IgQn before me the undderrsigned. a Notary Public In and for sod State personely appeared l( it 1k% Alin e At'ixt't0) kkAA4 pelan...liv k,, V..,, m PA) (or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument RA ,`' .r.'7)PViera portner(a), of b\QM(-yjPi.i Tni,YtP on behalf AA G�w fiethe panne/able therein named and acknowledged to me that the partnersnip exerted lE SignatSS,dyhp{M anal /e1 Signature YI N/ia Q+`—'T 1 cce.a OFFICIAL SEAL CLAUDIA M. LUNA NotayPttic•cddom)c ups ANGELESCOUMY My Committal April 6, 9 es (This area for official notarial seal) EXHIBIT "A" BEING A PORTION OF THE WESTERLY 348.96 FEET OF LOT 69 OF A PORTION OF THE EX -MISSION LANDS OF SAN DIEGO (COMMONLY KNOWN AS HORTON'S PURCHASE), IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, AS SHOWN ON RECORD OF SURVEY NO. 11148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 7, 1987, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID RECORD OF SURVEY NO. 11148, THENCE NORTH 89 DEGREES 36 MINUTES 55 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID SURVEY, A DISTANCE OF 292.76 FEET, TO THE POINT OF BEGINNING; THENCE, RETRACING ALONG SAID NORTHERLY LINE, SOUTH 89 DEGREES 36 MINUTES 55 SECONDS EAST, A DISTANCE OF 160.49 FEET; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 81 DEGREES 49 MINUTES 51 SECONDS WEST, A DISTANCE OF 23.15 FEET, TO THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY 7.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 33 MINUTES 14 SECONDS; THENCE NORTH 89 DEGREES 36 MINUTES 55 SECONDS WEST, A DISTANCE OF 142.81 FEET, TO A POINT OF CUSP ON A NON -TANGENT 22 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 34 DEGREES 42 MINUTES 44 SECONDS WEST; THENCE EASTERLY 13.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 05 MINUTES 48 SECONDS, TO THE POINT OF BEGINNING CONTAINING 622 SQUARE FEET, MORE OR LESS. 89248UTL.LGL 12/07/90 \JA410 0-10679'40" 20.00' vit .tc LA•37.17' OG\104V te ter tot I 3% ) 444 / s.. 41/1 10629'40" 14. 22.00' LEGEND EXHIBIT 0 t fac42.44-wo Das 15•05148" R,•22.00' 11e P.O.B. INDICATES EASEMENT FOR PUBLIC U77L/TY PURPOSES CR4N77ED TO ME CITY OF ANTION4L CITY INDICATES PROPERTY LINE REFERENCE DRAWING R.O.S. 11148 No. 28112 EXP 3-31-94 561 LIGGS 12 MY REGS7R471ON EXPRIRES 03/31/94 ACt BIGCS ENG.axILVG CORPORATION NO SCALE BALSIS OF BEARINGS FOR NIS PLAT IS THE E4S7ERLY R/W OF HIGHL4ND AVENUE AS SNOW ON ROS 11148 La N16'06'15141 I% \ G4liFORNIA .COORD/N47E IMOD! 186-1737 Irk VICINITY MAP ter a EM 0873'14" A4= 50.00' Z46' 0 10 20 40 60 SCALE SCALE ra.20' FEET CNIL ENGINEERS • PLANNING LWITS • SURVEYORS 2245 S4N DIEGO AVE,1121, SIN DE, 04 82110/298-5641 N ,ffte andstaratot a -ao txc aai alaeuam sstfa 2vv\ ow v dhF'}�151' 2%i% 0\ECO' cv as11o\Saa-%Et1 CAW ZAC\VM2. • b NVIWMC COV\2nCIVA12 + 2A\SNUM2 COISbOWI1IO1/1 ElA.011A EIYIC BICC2 W� \SEo\2115di\o�A\\ekths\\6E2 ot'a \a* DdV� 2 9\CO2 \5t16 %E11S 2 \IVE %V1VV 1„=SO, 0 XO SO *0 v= St%, \5= faze oz. i -74 111�18 'Stt itlE.VMS 0111 Mae \%0\Cd S!2 SASONAWIA VWt VN1\OANIT VAX t 1V\lE0 10 LW_ C\v. OE b(\BC\C (\11C\1). 1:AWo02E2 \\A0\011E2 EV2EWEVM1 E015 rECENo V=t0 M. \�=ss0o, 0= 10E.Sa,440„ B=S0 00, 0= 10E.Sa,t0„ M -----b 0• v= 13 ta, 15=SS00, 0='320%Ata,. h aCY c co S 141E-1Y11 C1C\EO\SV\4i C0o\50\VN1E WM?. K02 111ta Va. 1A1E-02 141„M V \TAN 1V\0 `d NEWS `d2 2\k0K\A OV\ \a dl 2, 1\5E EV21E15V), \5\M OE 11AE B122. OE B%tlWWR,2 EO1S lki\2 v\o ZNVE. MOW%lk WVb 411 / g%V 2u a. EXE1\B\1 B g p4Senss ZL tla Passed and adopted by the Council of the City of National City, California, on May 28, 1991 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Dalla. Inzunza, Van Deventer, Zarate, Waters None None None GEORGE H. WATERS By: Mayor of the City of National City, California .�....`r1 .of the City of National Cit , California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. ..... of the City of National City, Calif., passed and adopted by the Council of said City on May 28, 1991 (Seal) By: City Clerk of the City of National City, California Deputy