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HomeMy WebLinkAbout09-24-1991 Agenda #8 - D91-15 BCity of National City, Califon COUNCIL AGENDA STATEMENT 9/- )s September 24, 1991 MEETING DATE AGENDA ITEM NO. 8 ITEM TITLiESOLUTION ACCEPTING THE CONVEYANCE AND AUTHORIZING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND ON THE SOUTHSIDE OF 4TH STREET AND ON THE WESTSIDE OF THELMA WAY, A.P.N. 669-040- 01 FOR STREET PURPOSES PREPARED BY Cameron Berkuti EXPLANATION. DEPARTMENT Engineering The Sweetwater Authority has approved the City's request for the dedication of approximately 7,785 square feet of land on the southside of 4th street, and on the westside of Thelma Way. The 40 foot wide strip of land on the southside of 4th Street is needed for the widening of 4th Street to its final width of 60 feet. The street improvements which include paving, curb and gutters, and sidewalks will be constructed as a part of a water line project, which is scheduled to be installed on 4th Street from Harbison to Shell Avenue. The 13-foot wide strip of land on the westside of Thelma Way is needed for the widening of Thelma Way to its final width of 40 feet Environmental Review X N/A Financial Statement N/A ccount No. STAFF RECOMMENDATION opt the Resolu ion BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) 1. Resolution 2. Grant Deed 4. Map Resolution No. _91-19 8 A•200 (Rev. 9/80) thelma RESOLUTION NO. 91-198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF REAL PROPERTY SUBJECT TO CONDITIONS SUBSEQUENT AND ACCEPTING CONVEYANCE OF REAL PROPERTY FROM SWEETWATER AUTHORITY FOR A PARCEL OF LAND ON THE SOUTH SIDE OF 4TH STREET AND ON THE WEST SIDE OF THELMA WAY FOR STREET PURPOSES (A.P.N. 669-040-01) BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Grant of Real Property Subject to Conditions Subsequent dated September 24, 1991 BE IT FURTHER RESOLVED that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance for said real property. PASSED and ADOPTED this 24th day of September, 1991. George H.,Waters, Mayor ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: George H."Eiser, III City Attorney • SEETWATER AUTHOR!' 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 August 20, 1991 Engineering Citty of National City Department 1243 National City Boulevard National City, CA 91950-4397 Attention: Mr. Burton Myers Subject: THELMA WAY IM ECNE'lE[1i5, SO. 42H STREET SWA ST. IMP. FILE 90-32 Dear Mr. Myers: GOVERNING BOARD WAYNE W. SMITH. CHAIRMAN MARGARET A. WELSH, VICE—CHAIRMAN SUE JARRETT W.D. "BUD" POCKLINGTON EDWIN J. STEELE GEORGE H. WATERS CARY F. WRIGHT WANDA AVERY TREASURER DIAN J. REEVES SECRETARY —CONTROLLER a N N CD On July 24, 1991 the Sweetwater Authority Board of Directors approved the "Grant of Real Property" requested in your June 12, 1991 letter. The approval was based on the condition that the improvements on Thelma Way and Fourth Street are constructed at no expense to the Authority. Attached is the legal document transferring ownership for the City's execution. After the document is signed and notarized, Authority for signature and recording. If you have any questions, p1Pacn contact Mr. Hector Martinez at 420-1413. Very truly yours, SWEEIFIIi'CER miumRTPY chard A. Reynolds Chief Engineer RAR:HM:ln n,/letters/STIM9032 enclosure: Grant of Real Property Subject to Conditions Subsequent piPay. return it to the A Public Agency, Serving National City, Chula Vista and Surrounding Areas Recording Requested By: Sweetwater Authority P. O. Box 2328 Chula Vista, CA 91912 itien Recorded Mail lb: Sweetwater Authority P. O. Box 2328 Chula Vista, CA 91912 Attention: Engineering Department SWA St. Imp. File #90-32 GRANT OF REAL PROPERTY SUBJECT TO CONDITIONS SUBSEQUENT Preamble This Agreement made this day of 1991, by and between the SWEEIW+ATER AUTHORITY, hereinafter referred to as "Grantor", and the CITY OF NATIONAL CITY, hereinafter referred to as "Grantee". Recitals WHEREAS, Grantor is the saner of certain real property, ]moan as "Paradise Knolls Tank Site" located in the City of National City, State of California, which is described on Exhibit A attached hereto; and WHEREAS, the City of San Diego is proposing the construction of a 48-inch water pipeline in 4th Street, National City, adjacent to Grantor's said real property. WHEREAS, Grantee is requiring the City of San Diego to construct public right-of-way improvements in said 4th Street as a condition of constructing said 48-inch pipeline. Said improvements include concrete curb, gutter and sidewalk, as described in Exhibit B attached hereto. WHEREAS Grantee is installing curb, gutter and sidewalk in Thelma Way south of said Fourth Street as described in Exhibit C Whereas, Grantee desires to acquire a portion of Grantor's property for public right-of-way improvements: NOW, 'THEREFORE, it is agreed as follows: Grant of Property For valuable consideration, Grantor hereby grants to Grantee real property for public right-of-way improvements as hereinafter described. - 1 - Character of Property The property granted herein is granted for right-of-way purposes for the construction of concrete curb,,gutter and sidewalk to be located within the property as described on Exhibit A attached hereto. location of Property The property granted herein is located as described on Exhibit D attached hereto. Conditions Subsequent This grant is made subject to the following conditions: 1. The proposed public right-of-way improvements by Grantee will be constructed at no expense to Grantor. 2. Grantee herein agrees to provide the construction of a driveway in accordance with City of National City starthrds as a part of said proposed improvements at no expense to Grantor. 3. Grantee agrees that in the event Grantee fails to construct proposed public right-of-way improvements within property described herein for a period of two years for whatever reason, such interest in said property shall, within ninety (90) days of written notice by Grantor to Grantee, revert to Grantor or its successors in interest. Entire Agreement This instrument contains the entire agreement, between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instnent shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Attorney's Fees In the event of any controversy, claim, or dispute relating to this instrument or the breath thereof, the prevailing party shall be entitled to recover from the losing party actual expenses, attorney's fees and costs. Binding Effect This instrument shall bird and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. - 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On the day of personally appeared Wayne me, or provided to ne on the persons who executed the Sweetwater Authority, the acknowledged tome that such .(SEAL) GRANTOR SWEEBU,TER AUTHORITY BY: BY: Dian Reeves, Secretary Wayne W. Smith, Chairman GRANTEE CITY OF NATIONAL CITY BY: George Waters, Mayor BY: Clerk, City Council 1991, before me, W. Smith and Dian Reeves, personally known to basis of satisfactory evidence, to be the within instrument as Chairman and Secretary of joint powers entity therein named, and entity executed the same. WISS my hand and official .a7 . n/agree/parknoll Notary Public THAT PORTION OF THE. WILL.? 1 CY C:ri/4;112Cr.C. 101- OF RJ•' NC4-4o 0L=. LA NACIOHr' IARE. PAP_TICtLARtl-ca .:LSCRiI3raD AS FOLLOWS: THE. t_'L',-%. 1Ea OF THE. MOST' ly'Lt,a 170' OP THG FOLLOWING D!=-SCRJ 1.5aD RROPE1— : COMMENCIN AT ?NE. N W'LCA CAFE. OF SI 1 O SW'L4A. 1/4• THGNCS� 1-171°C ALONG TI-1 N'L�� LING OF SAID :3W'L .S • 1/4; 330 ; TI-1ENCE S 18° E GGO' • Twat -ice S T1° W 330' To A POINT IN THE W'Lttl LINE OF�SAID SW'LLt-Ss4• THGNC� N 19• W ALONG W'LL: LINE GGO' THF OIN OF O TE COMMENCEMENT. th I I N71•E 330' 4.- S .p r • MN ?I ROSA PL. 8 11 .r I • —Y� • PARADISE. KNOLLS TAN R. sl i I= o.Go 66c. .S7i• _S:-0' _' :f3 . 105 1104 i-F. 106 103 L i EXHIBIT "A" TH.STREE arat Marri IWO �. •,- t- r { • fix R... �at�-i. re rel • 'AMIE ICES 7 48-INCH PIPELINE CONCRETE CURB, r 'GUTTER AND SIDEWALK r4ip wirp !4,0 y✓ eIo cute GU I rkK AND 5'5/OEWALie. ArEcK..7A. S7RUC7u 4 -'•5 70 cat/. a /N/ 1 fi 0,, HELMA WY. "PARADISE KNOLLS TANK SIT CrION KCSOfENTS O/ry of S.D. SoN#T P'1%uN aegis/ sweer No. 24 G35-/2 EXHIBIT "B" THAT PORTION OF QUARTER Sr141104 OF THE RANCHO DE IA M=0N, IN THE COUNTY OF SAN DID©O, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, BY NORRIL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIDGO COUNTY, AS MORE PARTICJIARLY DESCRIBED AS FOLLOWS: CCEMENCIING AT THE NOMHWESTERLY CORNER OF THE SOUTHWESTERLY QUARTER OF SAID QUARTER Srxa'ION 104; THENCE N71°E ALONG THE NCGTHERLY LINE OF SAID SOUhEVESTERIS QUARTER, A DISTANCE OF 330 FEET TO THE TRUE POINT OF BEGINNING; THENCE S19°E, A DISTANCE OF 170 FEET; THENCE S71°W PARALLEL 10 THE NORIHERLY LINE OF SAID SWIIiWFSTERLY QUARTER, A DISTANCE OF 14 rr .0 THENCE N19W, A DISTANCE OF 16.5 rrta; THENCE N71°E, A DISTANCE OF 1 FOOT; THENCE N19°W, PAR TA IEJ'10 THE EASTERLY LINE OF SAID SOUTHERLY QUARTER, A DISTANCE OF 103.5 Frba; THENCE NORIHERLY AND WESTERLY 15.71 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SC YIHW s% WI'iii A RADIUS OF 10 FEET AND A CENTRAL ANGLE OF 90 DDGREES, TO A POINT OF TANGENCY MA LINE PARALLEL WITH AND 40 FEET SOUTHERLY OF THE NORTH LINE OF SAID SCUIHWESTERIX QUARTER; THENCE S71°'W ALONG SAID PARALLEL LINE, A DISTANCE OF 127 haW; THENCE N19°W, A DISTANCE OF 40 Area', THENCE N71°E, A DISTANCE OF 150 kLa TO THE TRUE POINT OF BEGINNING. NAT'L CITY ENGR. DEPT. No. Co 7 20 REF. SYSvmog TaRDATE /IYTHORrcr CKD 1O.7%. DATE 9/4/91 CKD DATE i agree/parJmoll ..'IMPROVEMENTS- , > SAN DIEGO•. PER . DW G. 24 635 ;I L - D BEGIN WORK AT STA. 0 t45 • CONSTRUCT: CURB 8 GUTTER PER G-2. SIDEWALK PER G-7' Z „ 0 'PARADISE KNOLLS TANK SITE' 400 420 0 0 CV 0 430 . PP (TYP ttL V • rCA TV RISER IU 1 SDGE BOX 7f? CNTR 20" 401 DWf2 CNTR 20' " fU . rn FEATHER A.C. 5' TYPICAL 4I IJ WAT liTS (TYP) REMOVE a REPLACE • 6' X 31' STRUCT RAL SECTION PER II3-SB. DW#3 CNTR 20" A=6° 16'22" R = 373.0311 L=40.84',. T= 20.44' 0.t 0) 421 coo cn LINE INTERSECTION AT 2t83.i 3 i IR: HYDRANT 1 S,rtLII LIGHT 33031 tjt 1331:1S ` .: H15 3313 I..- NII T/o04414. c'r r 76'aMA WA r minecnermemr PUNS SHEET .NO. (0$77- D EXHIBIT "C" Recording Requested By: Sweetwater Authority P. O. Box 2328 Chula Vista, CA 91912 When Recorded Mail To: Sweetwater Authority P. O. Box 2328 (Hula Vista, CA 91912 Attention: Ery neerinq Department SWA St. Imp. File 490-32 GRANT OF REAL H P Y SUBJECT TO CONDITIONS SUffiEQUENT Preamble This AyLtlenL made this day of , 1991, by and between the SWEE'ISThTER AUTHORITY, hereinafter referred to as "Grantors', and the CITY OF NATIONAL CITY, hereinafter referred to as "Grantee". - Recitals WHEREAS, Grantor is the owner of certain real property, known as "Paradise Knolls Tank Site" located in the City of National City, State of California, whidi is described on Exhibit A attadhed hereto; and WHEREAS, the City of San Diego is proposing the construction of a 48-inch water pipeline in 4th Street, National City, adjacent to Grantor's said real property. WHEREAS, Grantee is requiring the City of San Diego to construct public right-of-way improvements in said 4th Street as a condition of constructing said 48-inch pipeline. Said improvements include concrete curb, gutter and sidewalk, as described in Eadubit B attadied hereto. WHEREAS Grantee is installing curb, gutter and sidewalk in Thelma Way south of said Fourth Street as described in EJ:hibit C. Whereas, Grantee desires to acquire a portion of Grantor's property for public right-of-way improvements: NOW, AFORE, it is agreed as follows: Grant of Property For valuable consideration, Grantor hereby grants to Grantee real property for public right-of-way improvements as hereinafter described. - 1 - Character of Property The property granted herein is granted for riot -of -way ;apposes for the construction ofconcrete curb, gutter and sidewalk to be located within the property as described on EXhibitA attached hereto. 7.ncation of Proaertv The property granted herein is located as described an Exhibit D attached hereto. Conditions Subsecruent This grant is made subject to the following conditions: 1. The proposed public right-of-way improvements by Grantee will be constructed at no expense to Grantor. 2. Grantee herein agrees to provide the Construction of a driveway in accordance with City of National City standards as a part of said proposed improvements at no expense to Grantor. 3. Grantee agrees that in the event Grantee fails to construct proposed public right-of-way improvements within property described herein for a period of two years for whatever reason, such interest in said property shall, within ninety (90) days of written notice by Grantor to Grantee, revert to Grantor or its' successors in interest. Entire Aareement This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Mttornev's Fees In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party actual expenses,- attorney's fees and costs. pinding Effect This instnment shall bind and inure to the benefit of the respective heirs, siooesssors and assigns of the parties hereto. rTh IN ICINESS WHEREOF, the parties hereto have instruuo=.nt on the day and year first above written. STATE OF CALIFDRNIA ) ) ss. COUNTY OF SAN DIDGO ) On the day of personally appeared Wayne me, or provided tome on the persons who executed the Sweetwater Authority, the adknowledged to me that such (SEAL) GRANTOR SWEEIWATER AUTR RITY By: BY: executed this Wayne W. Smith, Chairman Dian Reeves, Secretary GRANTEE CITY OF NATIONAL CITY BY: George Waters, Mayor BY: Clerk, City Council 1991, before me, W. Smith and Dian Reeves, personally known to basis of satisfactory evidence, to be the within instrument as Chairman and Secretary of joint powers entity .therein named, and entity executed the same. WITNESS my hand and official seal. Notary Public n/agree/parknoll 1• THAT F0RTI0N 0� t" I-1 S\V'LA? 1 .4 or: 1/4 C. 1cC: . R24 a• -iChc ' Ix LA NAC1OH, ORE PM_TICGLAF=LSa MILk.4.*CP.1 aria:, AS FOLLOWS:• en-4 E. C'L',>. 1so' OF 71-1 . MOST 1-1'L4) 170' OF THG FOLLOWING D.C4.SCPJ 13EID PROFMf?74,s : COIvIMCNCINS AT THE N WILY. COR. OF SAID SW'LL,k.. 1/4. T1:art CG N T1°E ALONG TI-dE N'LL,S LINE. OF SAID %W'L4.S 1/4; 330'; TI-IGNCE S 19° E. 660'; i Nt= Mca S 71° W 7330' Tc7 A POINT IN THC-. W'LL,? LINE. OF SAID SW'L's 1/4• i NGNCC N 19• W ALONG WILL? LINE. TE GGO' 70 HPOINT OF COMMENCEM ENT. • 1 4 11‘ SI. r N71•E 350' 11 u • .). i 4 47 C41- as n to GGI I •1 I �• sir: J_ • - MARII )SA P.. t I•1 -� .5 ti ,; _ 571- H -eac:0' �r :!; 105 104 • E5 ioe. 103 R4 ADIS! KNOLLS TANK SlT 0.60 ,cc. 1 04— fYLIIRIT 1IeEl TH STREE .:,:ae.,,,,e ,--- .wrgars �i'Y1�y g+��.� - ��tRme�-, tii$ -�f . ,.Iri • 48-INCH PIPELINE CONCRETE CURB, IGUTTER AND SIDEWALK FJ1/O caeot e Gu r «K AM, g S'S/PEJVA S !!C7U7 RA 7a Jo'A/. /M "PARADISE KNOLLS TANK SIT f P HELMA WY. CTZON rcOYOMEMS 0/Tr of S.D. SoN,r4 Piflun PGAn/ swear No. 2463S-/2 EXHIBIT "B" • ' IMPROVEMENTS- SAN DIEGO.. PER DWG..24635 _IL-D WATER VALVE (TYP) BEGIN WORK AT STA.0 t45 CONSTRUCT: CURB a GUTTER PER G-2. SIDEWALK PER G-7 'PARADISE KNOLLS TANK SITE' 400 c^ 0 0 tU 420 0 0 0 430 W DWd4 • PP (TYPJ W / b, 13381S r-aHlt�'• �y: 4TH STREET.: o . __ DWi2 CNTR 20'" 0) FEATHER A:C. 5' TYPICAL 4 I 1 WAT NTR (TYP) REMOVE & REPLACE 6' X 3I' STRUCTtAL SECTION PER I13-SB. DW#3 CNTR 20" A-6° 16'2 ° R = 373.03' L: 40.84' T= 20.44' 0) 421 0) UI LINE INTERSECTION AT 2t83.S3 IRZ HYDRANT -=c+ LIGHT • 3303 3313 cn to .:. HIS MA r,oNAL c /rpr rwaP4A WA le /MPl=ovows, mr MO/3 SHaeT NO. 61377 D EXHIBIT "C" SGIIBIT "D" THAT PCflZIIW OF QUARTER SECTION 104 OF THE RANCHO DE IA FACER, 121 THE cowry OF SAN DIEGO, STATE OF CALIFORNIA, AOOCRDING TO NAP THEREOF NO. 166, BY FERMI, FILED IN THE OFFICE OF THE merry REORDER OF SAN DIDGO OOUNTY, AS FERE PAi/IQJIARIY DESCRIBED AS FOLLOWS: 02IM NCTNG AT THE NORTHWESTERLY CORNER OF THE SaTIWEETERLY QUARLER OF SAID QUARTER Sta.:110104; THENCE N716E ALONG THE NOHZTHIRLY LINE OF SAID SWBEWSTERLY QUARTER, A DISTANCE OF 330 FEET TO THE TRUE POINT OF BEGINNING; THENCE S19°E, A DISTANCE OF 170 FEET; THENCE S716W PA1AIIEL TO THE NCCLY LINE OF SAID SCUT 5TERLX Qom, A DLSTANCE OF 14 FEET; THENCE N19W, A DISTANCE OF 16.5 FEET; THENCE N716E, A DISTANCE OF 1 FOOT; THENCE N19°W, PARALLEL TO THE EASTERLY LINE OF SAID SWIHERLY Q[IIRIER, A DISTANCE OF 103.5 FEET; THENCE NORTHERLY AND FIY 15.71 FEET ALONG 'IBE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, EST, WITH A RADIUS OF 10 FEET AND A CENTRAL ANGLE OF 90 DEGREES, TO A POINT OF TANGENCY TO A LINE PARALLEL WITH AND 40 FFEP SWIIERLY OF THE NORTH LINE OF SAID SW/WESTERLY Qf]ARIER; THENCE S716'W man SAID PARALLEL LINE, A DISTANCE OF 127 FEET; IHENCE N19°W, A DISTANCE OF 40 FEET, THENCE N716E, A DISTANCE OF 150 irta TO THE TRUE POINT OF BEGINNING. NAT'L CITY ENGEL DEPT. No. % 7 2 O REF. BYSaeerwmaDATE /lucaoalrr CKD W.71 DATE 9/4/91 CKD DATE n,/acee/parknoll 0 0 n� si 4TH 0\ N. /27' S7/'W R = /0' A=90 L = /5.7/' /37' S7/°W /20 669-040-01 SWEETWATER AUTHOR/Ty 505 GARRETT AVE, CHULA V/STA, CA 9/9/0 /2 W ti 26' N N, o I N tl- m 0) II E CoR W //4 Sw //4- a TR SEC /04 MAP /66 5TH S7 60,7 5//5/9/ Re..r. 9//3/9/ R:W 6/6/9/