HomeMy WebLinkAbout10-23-1990 Agenda #6 - D90-29 BCity of National City, California
CvUNCIL AGENDA STATEMIuN r
pp -
MEETING DATE October 23, 1990
AGENDA ITEM NO. 6
% ITEM TITLE
PREPARED BY
EXPLANATION.
RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A SEWER EASEMENT FROM
THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE SEWER LINE AT 14TH
STREET AND TIDELANDS AVENUE SEWAGE PUMP STATION
Cameron Berkuti
DEPARTMENT
Engineering
To complete the Capital Improvement project for the replacement of the
Sewage Pump Station at 14th Street and Tidelands Avenue, and the
replacement of the sewer lines between the pump station and Cleveland
Avenue, it was necessary to obtain a sewer easement from the San Diego
Unified Port District to relocate a segment of the sewer line.
The attached triplicate originals of the easement documents have been
prepared by the San Diego Unified Port District and submitted for your
approval.
Environmental Review
Financial Statement
STAFF RECOMMENDATIO
1. Adopt the Resolution authorizing the Mayor to accept the sewer
easement from the San Diego Unified Port District.
2. Direct the City Clerk to execute a certificate of acceptance and send
all three copies to the San Diego Unified Port District.
BOARD/COMMISSION RECOMMENDATION
X' N/A
N/A
Account No.
N/A
ATTACHMENTS (Listed Below)
1. Three copies of easement documents
2. Resolution
Resolution No. 1 6 fi3 6O
A-200 (Rev. 9/80)
RESOLUTION NO. 16,360
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ACCEPTING CONVEYANCE OF A SEWER
EASEMENT FROM THE SAN DIEGO UNIFIED PORT DISTIRCT
FOR THE SEWER LINE AT 14TH STREET AND TIDELANDS
AVENUE SEWAGE PUMP STATION
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 a sewer easement from the San Diego Unified Port
District for the sewer line at 14th Street and Tidelands
Avenue Sewage Pump Station.
PASSED and ADOPTED this 23rd day of October, 1990.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ti
Y
EASE
SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, (Grantor),
for valuable consideration, grants to CITY OF NATIONAL CITY, a
municipal corporation, (Grantee), an easement to modify, improve,
reconstruct, relocate, repair, maintain and use facilities
consisting of:
Underground sewer facilities and appurtenances and
necessary aboveground facilities and appurtenances as
approved in writing by Grantor.
The property in which this easement is granted is located in the
County of San Diego, State of California, and is described as
follows:
Approximately 1,896 square feet of tideland area
located in the city of National City, California, more
particularly described and delineated on Grantor's
Drawing No. 3187-B dated June 22, 1990, attached hereto
as Exhibits "A" and "B" and by this reference made a
part hereof.
1. Grantee is further granted the right of ingress and egress
to, from and along said easement area via practical routes
across the adjacent land of Grantor, said routes to be
determined by Grantor from time to time.
2. The term of the easement shall be for a period of thirty-
five (35) years commencing on July 1, 1990, and ending on
June 30, 2025, unless sooner terminated as herein provided.
3. No construction or major repairs of any facilities shall
commence without prior approval of the plans and
specifications by Grantor, except for necessary emergency
repairs. In the case of emergency repairs, Grantee shall
commence repairs immediately and give Grantor written
notification within 10 days of said emergency repair so that
the Grantor can inspect said easement area for compliance
with the terms and conditions of this easement. Facilities
installed pursuant to this easement shall be constructed in
a careful and workmanlike manner and shall conform to all
applicable laws and regulations.
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ORIGINAL
4. In making any excavation in said easement area, Grantee
shall make the excavation in such manner as will cause the
least injury to the surface of the ground around such
excavation, and shall replace the earth so removed by it and
restore the surface of the ground and any improvement
thereof to as near the same condition as existed prior to
such excavation to the extent it is practical to do.
5. Grantor shall not erect, place or construct any building or
other structure, plant any tree, drill or dig any well,
within said easement area, without prior written consent of
Grantee, which consent shall not be unreasonably withheld.
6. Grantor shall not increase or decrease the ground surface
elevations within this easement area, without prior written
consent of Grantee, which consent shall not be unreasonably
withheld.
7. Subject to the review and written approval of improvement
plans by Grantee, which approval shall not be unreasonably
withheld, but which shall consider Grantee's need to provide
adequate protection for Grantee's facilities, Grantor
retains the right to construct, reconstruct and maintain
aboveground structures, including but not limited to,
fences, sidewalks, curbs, gutters, and street and parking
lot surfaces or other surfaces that require excavation and
grading between ground surface and a maximum depth of
18 inches within said easement area.
8. Grantee shall have the rights and powers, but is not hereby
obligated, to (i) keep said easement area free and clear
from buildings, structures and other materials and (ii) trim
or remove trees and brush along or adjacent to said easement
area and remove roots from within said easement area
whenever Grantee deems it necessary. Said right shall not
relieve Grantor of any obligation it may have as owner to
trim or remove trees and brush to prevent danger or hazard
to property or persons.
9. Grantor may, at its own expense, relocate part or all of the
facilities for its convenience; provided, however, each such
relocation shall not be made except in accordance with plans
and specifications previously submitted to Grantee and
approved in writing by Grantee. Grantee agrees that its
approval of Grantor's plans and specifications shall not be
unreasonably withheld.
10. Grantor expressly reserves the right to grant easements in,
upon, over, and across the easement granted herein for any
purpose whatever not inconsistent or incompatible with the
rights and privileges granted by this easement. Nothing
herein contained shall be construed as limiting the powers
of Grantor to convey, lease, or otherwise transfer or
encumber during the term of this easement the lands
described herein for any purposes subject to the rights and
2
C ,
privileges ,.'anted herein. The easemer.- granted herein
shall be subject to all existing rights of leases and
encumbrances, recorded and unrecorded, affecting said land.
11. Facilities, structures, installations, or improvements of
any kind previously placed by Grantor or hereafter placed in
said easement area by Grantee shall not be removed by
Grantee. At the expiration or sooner termination of this
easement, title to said facilities, structures,
installations or improvements shall vest in Grantor without
cost to Grantor and without any payment to Grantee.
12. Grantee shall at all times indemnify and save harmless
Grantor against and pay in full any and all loss, damage, or
expense that Grantor may sustain, incur, or become liable
for, resulting in any manner from the maintenance or state
of repair of Grantee's facilities and that of all fixtures
and equipment used in connection therewith, including any
such loss, damage or expense arising out of (i) loss of or
damage to property, and (ii) injury to or death of persons,
excepting any loss, damage, or expense and claims for loss,
damage, or expense resulting in any manner from the
negligent act or acts of the Grantor, its contractors,
officers, agents, or employees.
13. In the event Grantee, in its sole discretion, determines
that this easement is no longer required for the conduct of
its business or if this easement is abandoned by Grantee,
Grantee shall furnish Grantor upon demand a good and
sufficient Quitclaim Deed of all of Grantee's right, title,
and interest in and to this easement. Notwithstanding the
foregoing, in the event of non-use or abandonment of
Grantee's facilities for a period of one year, Grantor shall
have the right to terminate this easement, and upon written
request, Grantee shall provide Grantor a Quitclaim Deed as
described above.
14. This easement and any covenants, conditions and restrictions
contained herein, shall run with the land, and be binding
upon and inure to the benefit of the successors, heirs,
executors, administrators, permittees, licensees, agents,
and assigns of Grantor and Grantee.
15. It is an express condition of this easement that the
easement shall not be complete nor effective until signed by
all parties.
DATE: , 19
APPROVED:
As for form and legality SAN DIEGO UNIFIED PORT DISTRICT
Joseph D. Patello
Port Attorney
By
Port Director
As to engineering and CITY OF NATIONAL CITY
legal description
04/ezi / • Ct L By
Man 1 I. Aceves Title:
Chief Engineer
(Grantor Acknowledgment)
State of California)ss.
County of San Diego)
On this day of , 19_, before me,
, the undersigned
Notary Public, personally appeared
personally known to me
proved to me on the basis
of satisfactory evidence
to be the person who executed this instrument as
of the San Diego Unified Port
District, a public corporation, and acknowledged to me that the
public corporation executed it.
WITNESS my hand and official seal.
5
(Grantee Acknowledgment)
State of California)ss.
County of San Diego)
On this day of , 19_, before me,
, the undersigned
Notary Public, personally appeared
personally known to me
proved to me on the basis
of satisfactory evidence
to be the person who executed this instrument as
of the city of National City, a
municipal corporation, and acknowledged to me that the
corporation executed it.
WITNESS my hand and official seal.
6
i
Being a triangular easement area for sewer purposes situated in those portions
of the tide submerged or filled lands for the Bay of San Diego, in the City of
National City, County of San Diego, State of California; also being portions
of those lands conveyed to the San Diego Unified Port District by that certain
Act of the Legislature of the State of California entitled "San Diego Unified
Port District Act," Statutes of 1962, First Extraordinary Session, Chapter 67,
as amended. Said easement area being more particularly described as follows:
Commencing at Station No. 41 on the Ordinary High Water Mark for the Bay of
San Diego, as said Ordinary High Water Mark is delineated on those maps
pursuant to Chapter 67, Statutes of 1962, filed in the Office of the San Diego
County Recorder, May 28, 1976, as Miscellaneous Map No. 564, File No. 76-
164686; thence along said Ordinary High Water Mark north 10°33'40" east a
distance of 340.75 feet (340.70 feet -record) to a point on the easterly
prolongation of the U.S. Navy property line as granted by Declaration of
Taking No. 1 Civil 248 S.D. dated October 3, 1944, amended December 23, 1944,
recorded in the Office of the San Diego County Recorder, September 17, 1947,
Book 1650, page 116; thence along said easterly prolongation and U.S. Navy
property line south 83°55'O1" west a distance of 667.14 feet; thence south
6°04'47" east a distance of 72.00 feet to a point of intersection with the
center line of an existing 15.0 foot wide sewer easement as reserved by the
City of National City Document No. 32405, filed March 1, 1963, in the Office
of the City Clerk of said City, and as delineated on Document No. 3398, filed
July 9, 1968, in the Office of the San Diego Unified Port District Clerk;
thence along said center line north 83°53'13" east a distance of 210.00 feet;
thence leaving said center line south 10°49'29" east a distance of 7.53 feet
to a point on the southerly limits of said 15.0 foot wide easement; thence
along said southerly limit line north 83°53'13" east a distance of 10.17 feet
to a point of intersection with the westerly limit line of that portion of
said 15.0 foot wide sewer easement which lies perpendicular and extending
southerly from said point of intersection, said point also being the TRUE
POINT OF BEGINNING ; thence along said westerly limit line south 6°06'11" east
a distance of 214.26 feet; thence leaving said westerly limit line north
-10°49'29" west a distance of 214.98 feet to a point on the said southerly
limit line; thence along said southerly limit line north 83°53'13" east a
distance of 17.70 feet to the TRUE POINT OF BEGINNING, containing 1,896 square
feet or 0.04 acre of tideland area.
The above described easement area is that delineated on Drawing No. 3187-B,
dated June 22, 1990, and made a part of this agreement.
SCSI aao:
DRAWN RVB
clamp cOVR.er
Navin/to TREFREp4
'APPROVED
rv2 ORIl/ £OOIMUUR
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND EASEMENT -
Within Corporate Limits of National City
CITY OF NATIONAL CITY
non 22 June 1990
SCALE
nip 1754
ORAVIMO MO.
3187-B
tXHIBIT "8"
coNC.
0470014
UNIT' ? OTATB9 OF AMERICA
( U4. NAVY )
555'55101HW - 667.14'
N99°53'19"
64°04'47"E
72.00 10.171
—220..9 _
N89'99'19°E - Z10.00'
610'4424'E - 7.65'
N99'931136E-17.70' 11
610°49'0"E •2.14.68'
6.0 7s.
u
110
N tO'4912'/"W - 214.98'
q' P.O.T.
rt-
ony OF NATIONAL CITY
19 flWEPS
\ Gix'. e32Qo6)
A4E INDU0TRIE5,ING. ---
NOTE.:
1. F..ASEMENT AREA SHOWN SHADED.
Z. BALR.I1.4(g5 AND 7l6TANCE5 ARE
BA.ED ON CI.LIPORNIA COORDINATE
5Y.TEM C zoNE Co.
REVISED:
T.Ro..6.
art OF NATIONAL
4. 15' 9BWFAz, PhM'T
N. c.. #cc. m`3Eao6,, d -/• as)
FO/7E5T met.
1,69 65Q. PT . et'us
56°nCtt"E -214.26'
NALGO PLUMDIN(2
f HFATIN4 to.
CITY OF NATIONAL CITY
ACCIi55 EASEMENT
5TA.41
N
1
DRAWN P.R.UEBBRT
CNE CKED Jac'v'Qlea—
REVIEWED TREFREN
':PROVED
'YtK. CHIEF ENGINEER
SAN DIEGO UNIFIED PORT DISTRICT
TIDELANp EAfMENT
WY(HIN CORPORATE LIMITS OF NATIONAL CITY
CITY OF NATIONAL CITY
DATE ZZ JUNE I'p.O
SCALE 1"L IOO
REF 405 ZE• 25
DRAWING NO.
3187-15
EXHIBIT B