HomeMy WebLinkAbout01-26-1990 Agenda #2- D90-3 BCity of National City, California
COUNCIL AGENDA STATEMENT
D9o.
MEETING DATE January 26, 1990
AGENDA ITEM NO. 2
1- ITEM TITLE RESOLUTION ACCEPTING THE CONVEYANCE AND DIRECTING THE RECORDATION
OF A GRANT OF NON -BUILDING EASEMENT FOR A PARC1 T, OF PROPERTY
LOCATED ON THE EAST SIDE OF "K" AVENUE BETWEEN 21ST AND 22ND
STREET
PREPARED BY Cameron Berkuti DEPARTMENT Engineering
EXPLANATION.
One of the conditions of approval for the Final Subdivision Map for the six
lots on the northeast corner of 22nd Street and "K" Avenue was to provide
the City with an easement to protect the Olive Grove on Lot No. 6. A copy
of this easements is attached for your approval.
Environmental Review x N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt the Resolution accepting the eyance and directing the recordation
of a grant of non -building easement r a parcel of property located on the
east side of "K" Avenue between 21st and 22nd Streets.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Grant of Non -building Easement
16,168
A-200 (Rev. 9/80)
RESOLUTION NO. 16,168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ACCEPTING CONVEYANCE AND DIRECTING
RECORDATION OF A GRANT OF NON -BUILDING EASEMENT
FOR A PARCEL OF PROPERTY LOCATED. ON THE EAST SIDE
OF K AVENUE BETWEEN 21ST AND 22ND STREETS
WHEREAS, pursuant to Resolution No. 15,943, adopted on
April 11, 1989, the City Council of the City of National City
approved a tentative map for the subdivision of six lots on
approximately .77 acres on the east side of K Avenue between 21st
and 22nd Streets; and
WHEREAS, condition number 20 of said Resolution required
the subdivider to offer an easement for the maintenance of a
historic grove located on one of the parcels of the subdivision;
and
WHEREAS, the subdivider has executed the required
easement in a form acceptable to the City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City that 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:
Grant of Non -Building Easement dated
January 2, 1990 by Christine E. Pallos.
PASSED and ADOPTED this 26th day of January, 1990.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO: )
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ATTENTION: )
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Space above for Recorder's Use
GRANT OF NON -BUILDING EASEMENT
THIS GRANT OF NON-BUILDI!w, EASEMENT ("Easement") is executed
as of 3ax1yau-€K , 19 , by CHRISTINE E. PALLAS, Trustee
under Trust dated May 7, 1985 ("OWNER"), with reference to the
following facts:
RECITALS
A. CHRISTINE E. PALLAS, Trustee under Trust dated May 7, 1985 is
the legal owner of that certain real property (the 'Property")
more particularly described as follows:
Lot 6 of THE PALLAS SUBDIVISION in the City of National City,
Countyof San Diego, State of California, according to Map
thereof No. , filed idn the Office of the County Recorder
of San Diego County a a of Tama y► 19
B. The Property is currently planted with olive trees, which are
the remnants of an olive grove the National City Historical
Society has deemed to be of historical significance to the
City of National City ("CITY").
C. Concurrent with or after execution and recordation of the
Easement, OWNER intends to develop on the Property a new
residential building containing two living units, as shown on
Tentative Map Case File No. S-1-89, approved on April 18, 1989
as Resolution No. 15943.
D. OWNER wishes to establish a non -building easement over a part
of the undeveloped portion of the Property to preserve the
olive grove and CITY is willing to accept the Easement.
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GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of
which is hereby acknowledged. OWNER hereby grants to the City of
National City a non -building easement over:
That undeveloped portion of Lot 6 of THE PALLAS SUBDIVISION
in the City of National City, County of San Diego, State of
California, according to Map thereof No. , filed in the
Office of the County Recorder of San Diego County
19_, depicted on Exhibit A attached hereto as the Olive Grove
Easement.
The easement is granted subject to the following terms and
conditions:
1. Purpose: The Easement is granted solely for the purposes of
protecting and maintaining an existing olive grove having
historical significance to the community, which is located
over the undeveloped portion of the Property depicted on
Exhibit 'A.'
2. Improvements: In addition to the development of a new
residential building containing two living units, OWNER shall
also have the right to construct, use and maintain interior
walkways, utilities, and a perimeter wall or fence around the
Property for security purposes and to restrict access to the
Easement. OWNER shall have the right to construct, use and
maintain additional landscaping and irrigation systems within
the Easement, so long as the addition, use and/or maintenance
of said landscaping and irrigation systems do not
detrimentally effect the viability of the olive grove.
3. Maintenance: OWNER shall, have the responsibility at its cost
to maintain the Easement in good order and condition. In the
event the City of National City reasonably determines that
OWNER is not properly maintaining the Easement, the City shall
have the right, but not the obligation, to maintain the
Easement at OWNER'S cost.
4. Transferability Successors: The rights and obligations of
OWNER hereunder shall be transferable only in connection with
a transfer of the real property to which they are appurtenant.
Subject to the foregoing, all terms of this Grant, shall be
binding upon, inure to the benefit of, and be enforceable by
the City of National City on OWNER, her successors in interest
and/or assigns.
5. OWNER agrees to indemnify and hold harmless, and at her own
risk, cost and expense, defend the City of National City, its
officers, agents and employees from and against any and all
liability expense, including defense costs, legal fees, and
claims for damages, arising from OWNER'S performance under the
terms of this Grant of Easement.
OWNER:
Christine E. Pallas", Trustee
Under Trust dated May 7, 1985
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On Jan.u.ctr oZ , 1922, before me, the undersigned, a Notary Public
in and £orjid state, personally appeared CHRISTINE E. PALLAS,
Trustee, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within
instrument and acknowledged to me that she executed the same.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
OFFICIAL SEAL
CONSTANCE C. FISHER
NOIARY PuBLIC • CALIFORNIA
t F' PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
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