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Home My WebLink About11-14-1995 Agenda #7 - D-95-8 BCity of National City, California COUNCIL AGENDA STATEMENT November 14, 1995 MEETING DATE AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AND MAINTENANCE AGREEMENT FOR TRAFFIC CONTROL DEVICES WITH CHULA VISTA TOWN CENTER ASSOCIATES, L.P. PREPARED BY Cameron B e r k u t i DEPARTMENT EXPLANATION_ This agreement is for the easement and maintenance of the traffic signal at the intersection of National City Boulevard and 35th Street. The Chula Vista Town Center Associates will install the easterly (fourth) leg of this intersection, including the necessary traffic signal modifications, as a part of the Broadway Plaza shopping center development. The agreement provides the City an easement to maintain the signal and to recover 25% of the annual maintenance costs from the Chula Vista Town Center Associates. Engineering Environmental Review X N / A Financial Statement The Chula Vista Town Center Associates has provided the City with their share of the annual cost in the amount of $1,500.00. Account No. STAFF RECOMMENDATION Approve the Resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Two copies of the agreement cvtc xc: P.W.D. Resolution No. 9 5 -16 2 A-200 (Rev. 9/801 RESOLUTION NO. 95-162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AND MAINTENANCE AGREEMENT FOR TRAFFIC CONTROL DEVICES WITH CHULA VISTA TOWN CENTER ASSOCIATES, L.P. WHEREAS, Chula Vista Town Center Associates, L.P. will construct improvements at the intersection of National City Boulevard and 35th Street as part of the Broadway Plaza Shopping Center development; and WHEREAS, the improvements to be installed will include a traffic signal at this intersection; and WHEREAS, it is necessary for the City of National City to obtain an easement over land owned by Chula Vista Town Center Associates, L.P. in order to maintain the traffic signal, and for the City to recover the costs of said maintenance. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of National City that the City Council does hereby authorize the Mayor to Execute an Easement and Maintenance Agreement for Traffic Control Devices with Chula Vista Town Center Associates, L.P. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 14th day of November, 1995. ATTEST: LL�.��u.°d ,.C;z Lon Anne Peoples, City Clerk APPROVED AS TO FORM: // gm. George H. Eiser, III City Attorney AC George H. aters, Mayor Passed and adopted by the Council of the City of National City, California, on November 14, 1995 by the following vote, to -wit: Ayes: Council Members Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: Council Member Beauchamp. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California Cit}ti Clerk of the City of National ity, Califomia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 95-162 of the City of National City, California, passed and adopted by the Council of said City on November 14, 1995. City Clerk of the City of National City, California By: Deputy RECORDING REQUESTED BY CITY OF NATIONAL CITY WHEN RECORDED MAIL THIS AGREEMENT UNLESS OTHERWISE SHOWN BELOW TO: CITY OF NATIONAL CITY OFFICE OF THE CITY ENGINEER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT AND MAINTENANCE AGREEMENT FOR TRAFFIC CONTROL DEVICES This agreement is entered into this day of 1995, by and between the City of National City, a Municipal Corporation, (the "City"), and the Chula Vista Town Center Associates, L.P., (the "Developer"). 1. The Developer grants to the City an easement and right of way in, upon, over, under and across the lands hereinafter described, to construct, maintain, operate, replace, remove or modify traffic control devices and their appurtenant structures. 2. The City and its officers, agents, employees, and contractors have the right to enter upon and repass over and along said easement and right of way and to deposit tools and other materials thereon whenever and wherever necessary for the purposes set forth above. 3. The real property in which this easement and right-of-way is hereby granted is situated in the City of Chula Vista, County of San Diego, State of California, described as follows: All of Parcel 7 as shown on Parcel Map No. 17504, recorded on March 1, 1995, File No. 95-0088381, Page 17504 of Maps, in the Office of County Recorder of said County. 4. The Developer further grants to the City the right to assign any or all of the rights granted in this easement in whole or in part to other entities, agencies and companies for the purposes set forth above. 5. The Developer agrees to pay the sum of One Thousand Five Hundred dollars ($1,500.00) to the City, upon execution of this Agreement, for twenty-five percent (25%) of the annual maintenance costs of the traffic control devices. 6. The City agrees to review the maintenance cost(s) annually with the Developer and provide all information the City has to the Developer. The annual cost will be determined annually by the City and the parties agree that Developer will pay 25% of the actual amount so determined. CITY: 7. At least thirty (30) days prior to each anniversary of this Agreement, the Developer shall pay to the City a stun equal to twenty-five percent (25%) of the annual maintenance costs of the traffic control devices, based upon the annual review. 8. This agreement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of the Developer and the City. DEVELOPER: CITY OF NATIONAL CITY CHULA VISTA TOWN CENTER ASSOCIATES, L.P., a California limited partnership By: George H. Waters, Mayor Approved as to Form: By: George H. Eiser III City Attorney By: Chula Vista Town Center Associates, Inc., a California corporation Its: general partner By: Its: Dated Address: State of California ) County of )S.S. On before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their signature(s) on the instrument of the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 11101.55 Conan � 7 V time ica"(10,2' 12625 High Bluff Drive, Suite 304 San Diego, CA 92130 Attn: Glen Daigle, V.P. - Design/Construction Phone: (619) 793-2850 Facsimile: (619) 793-0810 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF n 1J (e_yo On I t I LCl 6 before me, � /\rice/ {��/CJ 1 & DALE NAME, TITLE OF OFFICER - E.G., "JANE DOE, VIOTARY PUBLIC" personally appeared, k`-e-(6. `SQ (n personally known to me (or proved to me bn the basis of satisfactory evidence) to be the person(s) whose name$) is/are subscribed to the within instrument and acknowledged to me that hem 4hcyc executed the same in hisf#or/tho r authorized capacity(ies); and that by his/hetk#eic signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s).acted, executed the instrument. WITNESS my hand and official seal. SEAL) NOTARY P ]I SIGNATURE Barbara Jo Danner, Comm. #1025680 it c� :8. NOTARY PUBLIC CALIFORNIAW `J SAN DIEGO COUNTY n Comm. Expires May 5. 7998 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT / E.-*2G't DATE OF DOCUMENT I I J 3 ( -1 J NUMBER OF PAGES or— SIGNER(S) OTHER THAN NAMED ABOVE RECORDING REQUESTED BY CITY OF NATIONAL CITY WHEN RECORDED MAIL THIS AGREEMENT UNLESS OTHERWISE SHOWN BELOW T0: CITY OF NATIONAL CITY OFFICE OF THE CITY ENGINEER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 SPACE ABOVE THIS LINE FOR RECORDERS USE EASEMENT AND MAINTENANCE AGREEMENT FOR TRAFFIC CONTROL DEVICES This agreement is entered into this day of' 1995, by and between the City of National City, a Municipal Corporation, (the "City"), and the Chula Vista Town Center Associates, L.P., (the "Developer"). 1. The Developer grants to the City an easement and right of way in, upon, over, under and across the lands hereinafter described, to construct, maintain, operate, replace, remove or modify traffic control devices and their appurtenant structures. 2. The City and its officers, agents, employees, and contractors have the right to enter upon and repass over and along said easement and right of way and to deposit tools and other materials thereon whenever and wherever necessary for the purposes set forth above. 3. The real property in which this easement and right-of-way is hereby granted is situated in the City of' Chula Vista, County of San Diego, State of California, described as follows: All of Parcel 7 as shown on Parcel Map No. 17504, recorded on March 1, 1995, File No. 95-0088381, Page 17504 of Maps, in the Office of County Recorder of said County. 4. The Developer further grants to the City the right to assign any or all of the rights granted in this easement in whole or in part to other entities, agencies and companies for the purposes set forth above. 5. The Developer agrees to pay the sum of One Thousand Five Hundred dollars ($1,500.00) to the City, upon execution of this Agreement, for twenty-five percent (25%) of the annual maintenance costs of the traffic control devices. 6. The City agrees to review the maintenance cost(s) annually with the Developer and provide all information the City has to the Developer. The annual cost will be determined annually by the City and the parties agree that Developer will pay 25% of the actual amount so determined. CITY: 7. At least thirty (30) days prior to each anniversary of this Agreement, the Developer shall pay to the City a sum equal to twenty-five percent (25%) of the annual maintenance costs of the traffic control devices, based upon the annual review. 8. This agreement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of the Developer and the City. DEVELOPER: CITY OF NATIONAL CITY CHULA VISTA TOWN CENTER ASSOCIATES, L.P., a California limited partnership By: George H. Waters, Mayor Approved as to Form: By: George H. Eiser III City Attorney Dated State of California ) County of )S.S. By: Chula Vista Town Center Associates, Inc., a California corpgr$io Its: general partner By: Its: Address: On before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their signature(s) on the instrument of the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 11/01/95 Contract n 12625 High Bluff Drive, Suite 304 San Diego, CA 92130 Attn: Glen Daigle, V.P. - Design/Construction Phone: (619) 793-2850 Facsimile: (619) 793-0810 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA SanCOUNTY OF 'bi On 1 \ `I-\G DA ES before me, NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, i),QA%C.! l: 6en) tin personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)-islafe subscribed to the within instrument and acknowledged to me that he/she! -they. executed the same in his/Iheatthen authorized capacity(ies), and that by his/hc1/then signature(Son the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ea*Bar Jo Danner ��ryII0 nct. Comm. 111025680 .` 8,!f N NOT SAPUBLICDIEGO COUNTYRNIA0 Comm. ERpints May S. IiBB a OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT F< DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE fU 1 Pt - NUMBER OF PAGES i%