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HomeMy WebLinkAbout09-19-1995 Agenda #2 - D-95-7 B• M City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE SEPTEMBER 19, 1995 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION APPROVING A STORM DRAIN EASEMENT DEDICATION TO THE CITY OF NATIONAL CITY FROM NATIONAL SCHOOL DISTRICT ON GRANGER ELEMENTARY SCHOOL PROPERTY PREPARED BY PAUL DESROCHERS ��- DEPARTMENT COMMUNITY DEVELOPMENT EXECUTIVE DIRECTOR /L' COMMISSION (CDC) EXPLANATION. AT THE REGULAR CITY COUNCIL MEETING OF JUNE 6, 1995, RESOLUTION NO. 95-79 WAS ADOPTED, APPROVING A PROPOSED EASEMENT TO THE CITY FROM THE NATIONAL SCHOOL DISTRICT, CALLED "DEED OF DEDICATION". THIS EASEMENT WAS TO ASSIST IN THE MAAC CONSTRUCTION OF NEW SINGLE-FAMILY HOUSING UNITS AT THE 2000 BLOCK OF EUCLID AVENUE. ADDITIONAL LANGUAGE WAS ADDED TO THE EASEMENT BY NATIONAL SCHOOL DISTRICT, RELATING TO THE CONSTRUCTION PHASE OF THE PROJECT AND TO INDEMNIFICATION OF THE DISTRICT BY THE CITY. IT IS THEREFORE NECESSARY FOR THE CITY TO APPROVE THE REVISED EASEMENT. THE CITY ATTORNEY HAS PREPARED THE APPROPRIATE RESOLUTION. ATTACHED IS A COPY OF THE SCHOOL DISTRICT RESOLUTION AND REVISED DEED OF DEDICATION. ALSO ATTACHED IS A COPY OF THE DEED OF DEDICATION, ORIGINALLY APPROVED BY THE CITY COUNCIL ON JUNE 6, 1995. Environmental Review X N / A Financial Statement THIS PROPOSED STORM DRAIN CONSTRUCTION HAS BEEN INCLUDED IN THE APPROVED BUDGET WITH MAAC. SOME ADDITIONAL LEGAL AND ENGINEERING FEES MAY BE NECESSARY THROUGH THE DISPOSITION AND DEVELOPMENT AGREEMENT. Account No. STAFF RECOMMENDATION CDC STAFF RECOMMENDS APPROVAL OF THE SUBJECT RESOLUTION. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 9 5 -13 9 EXHIBIT A: NATIONAL SCHOOL DISTRICT'S RESOLUTION NO. 95-96.02 & APPROVED DEED OF DEDICATION EXHIBIT B: DEED OF DEDICATION (CITY) A•200 (Rev. 9/80) • RESOLUTION NO. 95-139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING STORM DRAIN EASEMENT FROM THE NATIONAL SCHOOL DISTRICT AND RESCINDING RESOLUTION NO. 95-79 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 property to the City of National City: DEED OF DEDICATION dated July 19, 1995 for storm drainage operation and maintenance from NATIONAL SCHOOL DISTRICT. rescinded. BE IT FURTHER RESOLVED that Resolution No. 95-79 is hereby PASSED and ADOPTED this 19th day of September, 1995. ,�.W Georgee HH. 'Waaters, Mayor ATTEST: Lo ' Anne Peoples, City 'Clerk APPROVED AS TO FORM: o .a George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 19, 1995 by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None Absent: None Abstain: None AUTHENTICATED BY: GEORGEWATERS Mayor of the City of National City; California u City 1 k of the City of National Ci , California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 95-139 of the City of National City, California, passed and adopted by the Council of said City on September 19, 1995. City Clerk of the City of National City, California By: Deputy National School District Resolution RESOLUTION NO. 95-96.02 EASEMENT IN REAL PROPERTY OWNED BY THE NATIONAL SCHOOL DISTRICT TO THE CITY OF NATIONAL CITY On motion of Member Larry Tagle, seconded by Member Frank Perez, the following resolution is hereby adopted: WHEREAS, this Board. on June 28, .1995, adopted its resolution of intention to dedicate an easement to the City of National City in that certain real property described in the form of Deed of Dedication attached to said resolution upon the terms and conditions set forth in said form of Deed of Dedication; and WHEREAS, said resolution provided that a public meeting of this Board be held at its regular place of meeting, to wit: At the Administrative Center of the National School District on July 19, 1995, at 7:30-p.m., at which time and place any person desiring to be heard regarding the proposed dedication of the easement could appear and be heard; and 'WHEREAS, notice of the adoption of said resolution was duly given, all of which appears by the affidavit of publication on file in the office of this Board. NOW THEREFORE, IT IS RESOLVED that the President of the Governing Board of this District be and is hereby authorized and directed to execute on behalf of the National School District the form of Deed of Dedication attached as Attachment "1" to the Resolution of Intention adopted by this Board on June 28, 1995. BE IT FURTHER RESOLVED that this resolution shall be adopted and become effective only if it is approved by a two-thirds vote of all the members of this Board. PASSED AND ADOPTED by the Governing Board of the National School District on this 19th day of July, 1995 by the following vote: AYES: Alvarado, Campbell, Graham, Perez, Tagle NOES: None ABSENT: None EXHIBIT "A" RESOLUTION NO. 95-96.02 July 19, 1995 Page 2 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss I, George J. Cameron, Ed.D., Secretary to the Governing Board, do hereby certify that the foregoing is a full, true, and correct copy of a resolution passed and adopted by said Board at a regular meeting: of the Board held on said date. . •— Secretai to fffe Governing Board 2 AFTER RECORDING PLEASE RETURN TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 140 E. 12th Street #B National City, CA 91950 DEED OF DEDICATION The National School District of San Diego County, California ("Grantor"), does hereby dedicate to the City of National City ("Grantee"), its successors and assigns, an easement for the construction, operation, replacement, maintenance, and inspection of Storm Drain and appurtenances thereto (the "storm -drainage system"), together with the right of ingress and egress, through, over, under, along, and across all that real property situated in the City of National City, County of San Diego, State of California, belonging to Grantor and more particularly described on Exhibit "A" attached hereto and hereby made a part of this document (the "Property"), subject to the following terms and conditions: 1. Grantee agrees to be responsible for operating, maintaining and keeping in good repair the storm drainage system. 2. Grantee agrees to restore the Property to its original surface condition after installation, maintenance, or repairs of the storm drainage system. Specifically, the banks and slope of the Property, the irrigation system and the fencing erected by Grantor on the Property will be restored to its original condition by Grantee. Additionally, Grantee agrees to make any other necessary accommodations for the safety of pupil's, including erecting fences during construction, securing fences at the end of each day, and limiting vehicular access on school property during school hours. Any paving required to restore the Property to its original surface condition shall include a PetroMat base. 3. Grantee agrees to indemnify and hold harmless Grantor, its officers, agents, and employees from and against any and all claims, demands, losses or liabilities of any kind or nature which Grantor may sustain or incur for injury to, damage or destruction of property, or for injury to or death of any person, sustained as a result of, arising out of, or in any manner connected with Grantee's use of the Property. 4. In the event the use of the Property for the storm drainage system is discontinued, the Property shall revert to the Grantor; 1 Attachment "1" IN WITNESS WHEREOF, the National School District of San Diego County California has caused this deed to be executed by the President of the Governing board of said District this 19th day of July , 1995. resident of the Governing Board STATE ► CALIFORNIA ) )SS. COUNTY OF AN DIEGO ) On this day of , 1995, before me, the undersig•ed, a notary public in and for the said County and State, personly appeared known to me to be e President of the Governing Board of the National School Dist :ct of San Diego County, California, and known to me to be the rson that executed the within instrument and acknowledged to me t at said School District executed the same pursuant to a resolu on to its Governing Board. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed my official seal in the County •f San Diego, State of California, on the date and year first above itten. 95-00396.D01 2 Nota said Public in and for the unty and State See. aartch eal. EXHIBIT A PROPERTY DESCRIPTION That portion of the Southwest Quarter of Quarter Section 107 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill, filed May 11, 1869 in the Office of the County Recorder of said San Diego County, described as follows: BEGINNING at the Southeasterly corner of Lot 6, Block "A" of F.A. RICHARD'S SUBDIVISION, according to Map thereof No. 2459, filed in the Office of the County Recorder of said San Diego County; thence along the Southerly line of said Lot 6, South 70°51'00" West a distance of 20.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the Southerly line of said Lot 6, South 70°51'00" West a distance of 134.77 feet to the most Southeasterly corner of land conveyed to the City of National City, by Deed recorded June 15, 1989 in File/Page No. 89-314378 of Official Records; thence along the Southerly line of said land conveyed to the City of National City, South 72°02'33" West a distance of 20.23 feet; thence perpendicular to said Southerly line of said land conveyed to the City of National City, South 17°57'27" East a distance of 15.00 feet; thence parallel to said Southerly line of said land conveyed to the City of National City, North 72°02'33" East a distance of 20.54 feet; thence parallel to said Southerly line of said Lot 6, North 70°51'00" East a distance of 134.77 feet; thence North 19°09'00", West a distance of 15.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT A . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Co 1 i -co r Y)) cu County of 5a,pD3.Ply) On fI - f q -q 5 before me, ea oI DATE E.TmE OF OFFICER - E.G ..'JAN •'•E, NOTARYPUBUC' personally appeared PDT 1f. /-% Uara d b NAME(S) OF SIGNER(S) 5, personally known to me - .cituaw •' / ' OFFICIALNCTAAY S'c- 9 .4 CAROLYN I. MC GINISY �� jNotary Public —California l> SAN DIEGO COUNTY r My Camtl Excires OEC fe.1S95 to be the person whose nameLs'j is/ar-e— subscribed to the within instrument and ac- knowledged to me that Hefshe/t#tey executed the same in h4&her/their authorized capacity(•ies}, and that by 1:1i&/her/thcir signature 4' on the instrument the personits1; or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my handand official seal. SIGNOF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TRLE(s) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) 0 GUARDIAN/CONSERVATOR ®.OTHER: q-vPY•VIrYt ' rP �)4 Q nC B6ct;rrk SIGNER IS REPRESENTING; NAME OF PE SON(S) OR ENIIIYIIES) a -it ern ail Se h co I Tis ') L DESCRIPTION OF ATTACHED DOCUMENT © Teel., recH o n TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 1,1ICn — SIGNER(Sl OTHER THAN NAMED ABOVE �...NC/-- c C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Sox 7184 • Canoga Park. CA 91309-7184 AFTER RECORDING PLEASE RETURN TO: COMMUNITY DEVELOPMENT COMMISSION OF Tier, CITY OF NATIONAL CITY 140 E. 12th Street OB National City, CA 91950 DEED OF DEDICATION The National School District of San Diego County, California, does hereby dedicate to the City of National City, an easement for the construction, operation, replacement, maintenance, and inspection of a Storm Drain and appurtenances thereto, through, over, under, along and across all that real property situated in the City of National City, County of San Diego, State of California, belonging to the said School District and more particularly described as follows: That portion of the Southwest Quarter of Quarter Section 107 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill, filed. May 11, 1869 in the Office of the County Recorder of said San biego County, described as follows: BEGINNING at the Southeasterly corner of Lot 6, Block "A" of F.A. RICHARD'S SUBDIVISION, according to Map thereof No. 2459, filed in the Office of the County Recorder of said San Diego County; thence along the southerly Line of said Lot 5, South 70°S1'00" West a distance of 20.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the Southerly line of said Lot 6, South 70051'00" West a distance of 134.77 feet to the most Southeasterly corner of land conveyed to the City of National City, by Deed recorded EXHIBIT "B" June 15, 1989 in File/Page No. 89-314378 of Official Records; thence along the Southerly line of said land conveyed to the City of National City, South 72°02'33" West a distance of 20.23 feet; thence perpendicular to said Southerly line of said land conveyed to the City of National City, South 17°57'27" East a distance of 15.00 feet; thence parallel to said Southerly line of said land conveyed to the City of National City, North 72°02'33" East a distance of 20.54 feet; thence parallel to said Southerly line of said Lot 6, North 70°51'00" East a distance of 134.77 feet; thence North 19°09'00", West a distance of 15.00 feet to the TRUE POINT OF BEGINNING. The City of National City agrees to be responsible for operating, maintaining, and keeping in good repair the storm drainage system. The City agrees to hold the grantee harmless from any claims or damages arising from the use, possession and occupancy of the herein described real property. IN WITNESS WHEREOF, the National School District of San Diego County, California has caused this deed to be executed by the President of the Governing Board of said District this day of , 1995. NATIONAL SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA By 2 President, Governing Board • Ul :d �T1 ti- t/1 I -II I--, i-I tV 1 t=I CD C1I n 0 PI 72'02'33" E 20.23' T 0 ID .c 0 Cs) 0 111 (II Imo. 111 ICI CI-' trI r 0 V 'j —r- - '$ 70'61'00" E 154.77' I.1 70'51'00" E 134.771 -11 72'02'3:5" E 20.51' FOR. OF sw1 PI or 1 / d SEC. 107 RANCHO DE LA NACION MAP NO. 166 01 -13 — AFTER RECORDING PLEASE RETURN TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 140 E. 12th Street #B National City, CA 91950 DEED OF DEDICATION The National School District of San Diego County, California ("Grantor"), does hereby dedicate to the City of National City ("Grantee"), its successors and assigns, an easement for the construction, operation, replacement, maintenance, and inspection of Storm Drain and appurtenances thereto (the "storm -drainage system"), together with the right of ingress and egress, through, over, under, along, and across all that real property situated in the City of National City, County of San Diego, State of California, belonging to Grantor and more particularly described on Exhibit "A" attached hereto and hereby made a part of this document (the "Property"), subject to the following terms and conditions: 1. Grantee agrees to be responsible for operating, maintaining and keeping in good repair the. storm drainage system. 2. Grantee agrees to restore the Property to its original surface condition after installation, maintenance, or repairs of the storm drainage system. Specifically, the banks and slope of the Property, the irrigation system and the fencing erected by Grantor on the Property will be restored to its original condition by Grantee. Additionally, Grantee agrees to make any other necessary accommodations for the safety of pupils, including erecting fences during construction, securing fences at the end of each day, and limiting vehicular access on school property during school hours. Any paving required to restore the Property to its original surface condition shall include a PetroMat base. 3.. Grantee agrees to indemnify and hold harmless Grantor, its officers, agents, and employees'from and against any and all claims, demands, losses or liabilities of any kind or nature which Grantor may sustain or incur for injury to, damage or destruction of property, or for injury to or death of any person, sustained as a result of, arising out of, or in any manner connected with Grantee's use of the Property. 4. In the event the use of the Property for the storm drainage system is discontinued, the Property shall revert to the Grantor; 1 IN WITNESS WHEREOF, the National School District of San Diego County, California has caused this deed to be executed by the President of the Governing board of said District this 19th day of July , 1995. Q � resident o the Governing Board STATE e CALIFORNIA ) )SS. COUNTY OF AN DIEGO ) On this •day of , 1995, before me, the undersi• ed, a notary public in and for the said County and State, person ly appeared known to me to be t - President of the Governing Board of the National School Dist 'at of San Diego County, California, and known to me to be the •-rson that executed the within instrument and acknowledged to me t at said School District executed the same pursuant to a resolu " on.to its Governing Board. IN WITNESS, WHEREOF, I h:ve hereunto set my hand and affixed my official seal in the County •f San Diego, State of California, on the date and year first above ritten. 95-00396.D01 2 Nota Public in and for the said unty and State See. aertcheot_ EXHIBIT A PROPERTY DESCRIPTION That portion of the Southwest Quarter of Quarter Section 107 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill, filed May Al, 1869 in the Office of the County Recorder of said San Diego County, described as follows: BEGINNING at the Southeasterly corner of Lot 6, Block "A" of F.A. RICHARD'S SUBDIVISION., according to Map thereof No. 2459, filed in the Office of the County Recorder of said San Diego County; thence along the Southerly line of. said Lot 6., South 70°51'00" West,a distance of 20.00 feet to the TRUE POINT OF BEGINNING; thence continuing along the Southerly line of said Lot 6, South 70°51'00" West a distance of 134.77 feet to the most Southeasterly corner of land conveyed to the City of National City, by Deed recorded June 15, 1989 in File/Page No. 89-314378 of Official Records; thence along the Southerly line of said land conveyed to the City of National City, South 72°02'33" West a distance of 20.23 feet; thence perpendicular to said Southerly line of said land conveyed to the City of National City, South 17°57'27" East a distance of 15.00 feet; thence parallel to said Southerly line of said land conveyed to the City of National City, North 72°02'33" East a distance of.20.54 feet; thence parallel to..said Southerly line of said Lot 6, North 7.0°51'00" East a distance of 134.77 feet; thence North 19°09'00", West a distance of 15.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT A Page 1 of 2 CALIFORNIA ALL-PURPOSL .:::KNOWLEDGMENT No. 5907 State of as l i for n ia.; County of Sin -D; PT On 7- f 1- 7 5 before me, Ca r© DATE //�� AlSME, TITLE OF OFFICER • E.G.,'JANF-DLE, NOTARY PUBLI personally.appeared RD3Q iI 4-jfa,ra d a NAME(S) OF SIGNER(S) L$.personally known to me - OFFICIAL NOTARY SEAL r CAROLYN I. MC GINLEY Notary Public — California SAN DIEGO COUNTY My Comm. Expires DEC 181E95 to be the person4$'whose nameM is/ace— subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in P4e#her/the+r authorized capacityfe -,, and that by I449/her/t4e-i+ signaturejs"on the instrument the personJ,s% or the entity upon behalf of which the person(s) acted, executed the .instrument. WITNESS my hand and official seal. Ito, �c OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: �� v ri ❑ LIMITED ❑ GENERAL SIGNER 1S REPRESENTINit G: NAME ry��/IC 1� y ti OF b TY ) ( oo 1 J/ — , I DESCRIPTION OF ATTACHED DOCUMENT 10e4 o f Ted .i eakib TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7164 • Canoga Park, CA 91309-7184 City ar-i ational City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Lori Anne Peoples, CMC - City Clerk (619) 336- 4226 September 28, 1995 George J. Cameron, Ed.D. National School District 1500 N Avenue National City, CA 91950 Dear Dr. Cameron: Enclosed is d certified copy of Resolution No. 95-139, which was passed and adopted by the City Council of the City of National. City on September 19, 1995. Said resolution accepted a Storm Drain Easement from the National School District. Sincerely, ft/az-a ie Daniels Secretary to the City Clerk Enclosure ® Recycled Paper