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Home My WebLink About03-05-1991 Agenda #1 - D91-2 B:ity of National City, California COUNCIL AGENDA STATEMENT March 5, 1991 MEETING DATE AGENDA ITEM NO. 1 ITEM TITLE RESOLUTION ACCEPTING TWO STORM DRAINAGE EASEMENTS FROM THE OWNERS OF "NATIONAL CITY CAR PLAZA" AT THE SOUTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE (2500,2550 AND 2580 PLAZA BOULEVARD, APN 558-091-11) PREPARED BY EXPLANATION. Sam Arabzadeh DEPARTMENT Engineering The owners of "National City Car Plaza" a proposed auto commercial center and car wash facility at the southeast corner of Plaza Boulevard and Euclid Avenue, are offering the City of National City two drainage easements for operation and maintenance. This dedication is in conjunction with the conditions of approval for the project, and in accordance with Planning Commission Resolution No. 10-90. One of the requirements was that the owners comply with the conditions of a Covenant Running with the Land made by, and between the previous property owners, and the City of National City on August 1, 1988. Said Covenant requires the covering of the Paradise Creek channel running through the property, by the construction of a 12' X 11' Reinforced Concrete Box Culvert, and a 66 inch R.C.P. storm drain. The owners are proposing to install the improvements at this time, and are therefore granting the City a 30 foot wide drainage easement, and a 20 foot wide drainage easement within their property for the maintenance of the storm drain improvements. The new drainage facilities will carry significant off -site drainage, and will be maintained by the City. 1 Environmental Review Financial Statement to the City. STAFF RECOMMENDATIO Adopt the Resolution X N/A Property owners are dedicating the easements at no cost Account No. /11,010 BOARD/COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit for the construction of the auto facility on April 2, 1990 (Resolution No. 10-90). ATTACHMENT (Listed Below) 1. Resolution 2. Easement and Plat 3. Covenant Resolution No. 91-24 A•200 (Rev. 9/80) RESOLUTION NO. 91-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A STORM DRAINAGE EASEMENT AT THE SOUTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE (A.P.N. 558-091-11) 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 for drainage purposes dated December 17, 1990, from FRANK WONG, CAROLYN WONG, STANLEY WONG, WINNIE WONG, and JOSEPH WONG. PASSED and ADOPTED this 5th day of March, 1991. George Id/. Waters Mesayr ATTEST: Lo i Anne Peoples, CitClerk APPROVED AS TO FORM: /OIL N. ,ezw-e-4-...7ga. George H. Eiser, III City Attorney • c . an_ 3 _ C11tler.c of ,..._ C 124 3 I:at. sisal=ivd. After recording Mail To: Ilauoce:: c't . CA '19. e City of National City Civic Center 1243 National City Blvd. National City, California S 50 Attn: City Clerk recording requested by City of National City no documentary tax due, per Revenue and Taxation Code 11922 (amended) This space for recorder's use EASEMENT FOR A VALUABLE CONSIDERATION, FRANK WONG AND CAROLYN WONG, HUSBAND S WIFE STANLEY WONG AND WINNIE WONG, HUSBAND & WIFE JOSEPH WONG, A SINGLE THAN; GEORGE WONG AND SOPHIA WONG HUSBAND & WIFE HEREBY GRANT(S) 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 A STORM DRAIN SYSTEM 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: Dated SEE EXHIBITS 'A' AND 'B' ARP 3/90 Dated y /3190 STATE OF COUNTY OFT SS. On Otte -Mixer /} nfo before me the under- signed a Notary Public in and for said County and State, personally appeared c oRcE Nogg, .ToSEpn kzWG, STAU1Sy l.A,N$, ARMY@ 044, .SopRIA Wa ChRetypi AloN6 # ,9M4NK lwcwa kno n to me to be the person:5__whose name Thy' subscribed to the within instrument and acknowledged that N'N executed the same. (Seal) I Signaled otary LEoNtt-n b . eNiER_ Name (Typed or Primed) Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property conveyed by this instrument to the City of National City, a municipal corporation is hereby accepted by order of the City Council per Resolution No Ql•2.4 dated ..3-5-RI and the Grantee consents to the recordation thereof by its duly authorized officer. Dated .t (C'C 1'j. TE 07 Cr B National City Engineering Dept. No.. 4P 1 Ref.6508g..GSS6A.A4 N.S.58-091-11 QQ// Bye4N4lWA1 eleRwy Date'Ma4 Ckd. P.T... Date1.7.� RE-r—I434 EXHIBIT 'B' COR. 5Wyf- - 3a,. 5' n11 n r 51 PLAZA BOULEVARD gl2 D030°E 273.881 _1, 1J "12'a& 3o"E 4a' 270.26 La1 1 Ii i 457°I3'15°E 7/ P190P05ED 30 L' `.7 9.48' ( De/4InlA(DE ESmi _ o N ' \it 0 0 (11 z nl`LY 165' u-t 1 is) ?.d6 1i4G + i (c-' In �1N m - - PRaPo6EP 20' — ( 1 �� p N NIA Coe NEvy- of i SW'/* 2105$ m I IN / f`I'12°O0'30"E 240.30' 1 \ _ 5'LY LINE WILY v05 of N E OF IJW Yq pF SW 2f OF 1y SEC 106 c0 0 z L CI 0 s a U w _ N R>ej st4) 4;20 B� iz. 13.90 R7G1n • EXHIBIT 'A' THE SOUTHERLY 30.00 FEET OF THE NORTHERLY 55.00 FEET OF THAT PORTION OF THE NORTHERLY 165 FEET OF THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE -QUARTER OF SAID QUARTER SECTION 106; THENCE NORTH 72°00'30" EAST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST ONE -QUARTER 389.68 FEET, MORE OR LESS, TO THE EASTERLY LINE OF EUCLID AVENUE, "THE TRUE POINT OF BEGINNING"; THENCE LEAVING SAID NORTHERLY LINE SOUTHERLY ALONG THE SAID EASTERLY LINE OF SAID EUCLID AVENUE THE FOLLOWING COURSES AND DISTANCES: SOUTH 22°53'31" EAST, A DISTANCE OF 94.22 FEET, NORTH 57°13'15" EAST, A DISTANCE OF 9.48 FEET, AND SOUTH 29° 57'21" EAST TO AN INTERSECTION WITH THE SOUTHERLY LINE OF AFORESAID NORTHERLY 165 FEET; THENCE ALONG SAID SOUTHERLY LINE, N72°00'30"E 240.30 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER; THENCE ALONG SAID EASTERLY LINE, N17° 43'15"W 165.00 FEET TO AN INTERSECTION WITH THE AFORESAID NORTHERLY LINE OF AFORESAID SOUTHWEST ONE -QUARTER OF AFORESAID QUARTER SECTION 106; THENCE ALONG SAID NORTHERLY LINE, S72° 00'30"W 273.88 FEET TO THE "TRUE POINT OF BEGINNING". TOGETHER WITH AN EASEMENT FOR A STORM DRAIN SYSTEM, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF SAID NORTHERLY 165 FEET DESCRIBED AS FOLLOWS: A STRIP OF LAND, 20.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID NORTHERLY 165 FEET, DISTANT THEREON S72° 00'30"W 1.00 FOOT FROM THE SOUTHEAST CORNER THEREOF; THENCE N29°28'54"W 112.25 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 55.00 FEET OF SAID NORTHERLY 165 FEET. SAID EASEMENT BEING 20 FEET IN WIDTH, 10 FEET EITHER SIDE OF AFORESAID CENTERLINE, THE EXTERIOR LINES BEING LENGTHENED OR SHORTENED TO BEGIN IN THE SOUTHERLY AND EASTERLY LINES OF THE AFORESAID NORTHERLY 165 FEET AND END IN THE SOUTHERLY LINE OF THE AFORESAID NORTHERLY 55 FEET. NAIL CLf ENGR. DEEL 140. Io % 8��jjjj REF.6505 6594 BYfidwasRDATE I2/13/90 DKD W :T. DATE I 77/10/9MIXD DATE Passed and adopted by the Council of the City of National City, California, on March 5. 1991 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Dalla. Inzunza. Van Deventer, Zarate. Waters None AUTHENTICATED BY: None None GEORGE H. WATERS Mayor of the City of National City, California CAA, anA..ce By: City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 9.1.-24of the City of National City, Calif., passed and adopted by the Council of said City on Mar .c.h...5„.. 19 91 (Seal) By: City Clerk of the City of National City, California Deputy 1tJ L1en: of 124:: tic _ n a] After recording Mail To: 1'atierel City of National City Civic Center 1243 National City Blvd. National City, California 9 50 Attn: City Clerk recording requested by City of National City no documentary tax due, per Revenue and Taxation Code 11922 (amended) This space for recorder's use EASEMENT FOR A VALUABLE CONSIDERATION, FRANK WONG AND CAROLYN WONG, HUSBAND & WIFE STANLEY WONG AND WINNIE WONG, HUSBAND & WIFE JOSEPH WONG, A SINGLE HAN; GEORGE WONG AND SOPHIA WONG HUSBAND & WIFE HEREBY GRANT(S) 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 A STORM DRAIN SYSTEM including any or all apurtenances thereto, together with the right of ingress and egress, over, under, along and across all that real propeny situated in the City of National City, County of San Diego. State of California, described as follows: Dated SEE EXHIBITS 'A' AND 'B' /a//a/yo Dated milt/ To STATE OF COUNTY OF // SS. On 3e tent per /} /9$o before me the under- signed a Notary - �P�u,blic in and for said County and State, personally appeared 67FOR4r Jvc.)4, SeSEpf STANISy iWNfa, Witage &CM SdpW/A wag, CARetsv &ICN4 * AtfNK eoPN4 known to me to be the person5_whose name 1*7' subscribed to the within instrument and acknowledged that Th7 executed the same. (Seal) Signat4re of. Mary , LEogl rcq ,g , Name (Typed or Printed) Notary Public in and for said County and State 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 hereby accepted by order of the City Council per Resolution No...41 .'.'......,, dated ..3 —5•iI and the Grantee consents to the recordation thereof by its duly authorized officer. Dated .m@F.rCk1 TE O'G B National City Engineering Dept. No..-' 7 Ref. 6508 f„ 6'5�96 f. A,P, N• 555-091—IIII By WAY DatefM WR9 Ckd. f^%.T... Date17.109 EN4INEERIN4 RE-5—I-aa COR. . SW Yq- G1— 389.6,8'_ I t Z c 5‘ EXHIBIT 'B' PLAZA 60ULEVARD hi-72 o030°E 273.88' N12'a??E. 40' 270.24 i '1! PROPo6EP 3a', G" DRAW A6E Esmt L,AG of N ILy 55 rr M`LY 1651 Rc 5 ii4;o Nwcoe NE'4;. of ! Stu'Af 27 9' 48 *S ll� C(� r F CsRoss PRoPo4EP 20' 42,939 S.' ="S a 986 Ac2F D2AI�IAC Esmr I / k172°Oo'30"E 240.3o' I 5'L.Y LINE N'LY 165' 6F N E of *gulch of Su) % of Ri SEC 06 _ _ _ 00 • Rsu s 4:2o•8Ly IZ• 13.90 1!' IIIIFF Requested By ATTORNEY WHEN RECORDED MAIL TO: KRD Developing Resources, Inc. 3904 Groton Street San Diego, CA t !fry. ACM✓ COVENANT RUNNING WITH THE LAND This Covenant is made this 1 day of August, 1988 by and between STEPHEN C. PERCH and NC, LTD., a California Limited Partnership hereinafter collectively referred to as "Owner" and the CITY OP NATIONAL CITY hereinafter referred to as "CITY". WHEREAS, City sold to Owner on 1988 that certain real property located in the City of National City, State of California described as follows: Portion of the North one-half of the Northeast one -quarter of the Northwest one -quarter of the Southwest one -quarter of Quarter Section 106, Rancho de la Nacion in the City of National City, County of San Diego, State of California, according to Map thereof Number 166, by Morrell, filed in the Recorder's Office of Said County 11, May, 1869, more particularly described in Exhibit "A" attached hereto and made a part hereof. WHEREAS, Owner desires to develop the above -referenced property and desires to obtain from the City a deferral from installing the following improvements: 1. Construction of 135 lineal feet of 12'xl0' Reinforced Concrete Box. 2. Construction of 65 lineal feet of double 12x5.5' Reinforced Concrete Box. 3. Construction of 66 inch RCP at approximately 180 L.F. and connection to concrete box. 4. Construction of a reinforced concrete transition structure. 5. Demolition of existing concrete wingwalls and existing open concrete channel• traffic control, etc. 6. Appurtenant earthwork, surveying, s to 7• Final licensedsengineeraacc of sidptable toprovement both City end determined by a Owner. NOW THEREFORE in consideration for the granting by City to Owner o; a deferral to install the above -referenced improvements the parties agree as follows: tion of e ove- 1. Owner e erenced impill notrovements unrotest nders1911aImprovement Act program whether initiated by Owner or the City. 2. wn er will install overall improvementdprogram of the ts in conjunction with theareahether a initiated by Owner or the City. 3. withinstwenty-fourinstall (24) monthsabove-referenced recorddingimprovements ofthe deed transferring title to the property described in Exhibit "A" from City to Owner. If said improvements have not been installed within said twenty-four (24) month period Owner will install said improvement within Sixty (60) days of a written Notice by City addressed to owner to do so. 4. The agreement contained herein and the requirement to construct the above -referenced improvements by Owner is contingent upon the development plan proposed by On er erect not being effected or restricted by anysubsequently na State or Federal Legislation. 5. This Agreement shall run with the land and shall be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns the parties hereto. Executed the date first appearing above at San Diego, California. NC, LTD., a California Limited Partnership By. DevelopingNRD a a Californa Corporatien/' Inc. GENERAL Aid F � By: _/.l 1/. BY: EXHIBIT 'B' 5y, PLAZA BOULEVARD 1472 o(330°E 273.881 N72scd39°E t157°13)5"6 9.48' HAY ENGINEERING 40' 270.26 /' RP,OR75E0 30 I- /i I � IDealin.1A6E. Esmr . -% 3 \'‘‘I ri5'U,f LIt1E of N It_y 55'c 0 T \ % .-L"-- nl`�Y 165 ° t2J I: 4w�i /� 42,939 5.F 6stoss PRoPosaD 2o' eL r '" O. 986 A .Ee D(AlJACE Esmr 1 I .I.m IA r \ to e m N ix] co 1—I- Q A Nu) Coe ME'4 of SW'/4 • / N -72°Oo' 30"E 240. 30' \ _ 5'LY LINE N'LY 1651 of t\I E OF MuJ Yµ of suJ % of %y sec 106 AND SURVEYING, INC. GARY L. HAY RCE 26545 772 E. WASHINGTON AVENUE Qeuk Sga 4;2o•B� IZ• 13.90