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HomeMy WebLinkAbout08-17-1999 Item 3 Report Easement from Port of San Diego Harbison AvenueCity of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 17, 1999 -)..)("Ok k)Ot-1- AGENDA ITEM NO. 3 (-ITEM TITLE RESOLUTION TO ACCEPT AN EASEMENT FROM THE PORT OF SAN DIEG' FOR THE CONSTRUCTION AND OPERATION OF A PORTION OF HARRISON AVENUE PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXPLANATION Attached is a copy of an easement document prepared by the Port of San Diego. The easement is for Port District land necessary to construct and operate a portion of Harrison Avenue. The City Attorney and City Engineer have reviewed a draft of this document. This final documents incorporates all comments made by these two offices. Two original copies of this document must be signed by the Mayor, witnessed, and returned to the Port of San Diego for processing. After the Council meeting Engineering will coordinate the signing with the Mayor's office. 08/19/99 Per discussion with S. Kirkpatrick of Eng, forward orig easement deed and certified copy of reso to his attention. Done. a ., Environmental Review X N/A Financial Statement >STAFF RECOMMENDATI N That the Resolu o be ado s'p •posed. N/A On, Account No. BOARD / COMMISSION RECOMMENDATION N/A T ATTACHMENTS ( Listed Below ) 1. Resolution 2. Copy of proposed easement document Resolution No. 99-124 harr' A-200 (9/80) RESOLUTION NO. 99-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FROM THE PORT OF SAN DIEGO FOR THE CONSTRUCTION AND OPERATION OF A PORTION OF HARRISON AVENUE 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 for the construction and operation of a portion of Harrison Avenue: EASEMENT DEED dated August 17, 1999 for a portion of Harrison Avenue. PASSED and ADOPTED this 17th day of August, 1999. George H. aters, Mayor A1'1EST: if Michael R. Dall , City Clerk APPROVED AS TO FORM: y: Rudolf Hradecky nior Assistant City Attorney For: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 17, 1999, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City 1erk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 99-124 of the City of National City, California, passed and adopted by the Council of said City on August 17, 1999. City Clerk of the City of National City, California By: Deputy EASEMENT SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "Grantor," for valuable consideration, receipt of which is hereby acknowledged, grants to CITY OF NATIONAL CITY, a municipal corporation, its successors and assigns, hereinafter called "Grantee," a street easement. Said easement shall be for the purposes of construction, operation, maintenance, repair, replacement, and inspection of street 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 75,501 square feet of tideland area located in the City of National City, California, more particularly described and delineated on Grantor's Drawing No. 527-012 dated June 22, 1999, 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 Forty (40) years, commencing on August 1, 1999 and ending on July 31, 2039, unless sooner terminated as herein provided. 3. Grantor expressly reserves the right to grant easements in, upon, over, and across the easement granted herein for any purpose whatsoever 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 privileges granted herein. The easement granted herein shall be subject to all existing rights of leases and encumbrances, recorded and unrecorded, affecting said land. 4. No construction or' major repairs of any facilities shall commence without prior approval of the plans and specifications by Grantor, except for necessary 1 r• �ai1 Na\2r`v� emergency repairs. In the case of emergency repairs, Grantee shall give Grantor written notification within Ten (10) days of the commencement of any emergency repairs and shall obtain Grantor's approval of any emergency repairs within Ninety (90) days from the commencement of work for the emergency repairs, which such approval may require without limitation alteration, reconstruction, removal or revision of any such emergency repairs. Facilities installed pursuant to this easement shall be constructed and maintained in a careful and workmanlike manner and shall conform to all applicable laws and regulations and the provisions of this easement. 5. In the event Grantee disturbs the surface of the easement area during the installation, construction, maintenance and/or repair of the approved facilities, Grantee shall do so in such a manner as will cause the least injury to the surface of the ground and any improvements thereon. Grantee shall restore the ground and any improvements thereon to substantially the same conditions as existed immediately prior to any such disturbance. 6. 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 within said easement area. 7. In the event this easement is no longer required or if this easement is not used for the purposes intended for a period of one hundred eighty (180) days, whichever is sooner, all rights herein granted shall revert to Grantor, its successors or assigns, automatically and without the necessity of reentry or notice. Grantee shall furnish Grantor on demand a good and sufficient Quitclaim Deed of all its rights, title, and interest in the above -described real property. 8. This easement may result in a taxable possessory interest subject to the payment of property taxes. Grantee agrees to and shall pay before delinquency all taxes and assessments of any kind assessed or levied upon Grantee for franchises, licenses, or permits for any use or activities of Grantee upon said easement area. 9. Facilities, structures, installations, or improvements of any kind previously placed or hereafter placed in said easement area by Grantee shall at the option of Grantor be removed by Grantee within sixty (60) days after the expiration of the term of this easement or sooner termination thereof. Grantor may exercise said options as to any or all of the facilities, structures, installations, and/or improvements, either before or after the expiration or sooner termination of this easement. If Grantor exercises such option and Grantee fails to remove such facilities, structures, installations, or improvements within said sixty (60) days, Grantor shall have the right to have such facilities, structures, installations, or 2 improvements removed at the expense of Grantee. As to any or all facilities, structures, installations, or improvements that Grantor does not exercise said option for removal, title thereto shall vest in the Grantor. During any period of time employed by Grantee under this paragraph to remove facilities, structures, installations, or improvements, Grantee shall continue to pay the full rental to Grantor in accordance with this easement which said rental shall be prorated daily. 10. Grantee shall to the fullest extent permitted by law, defend, indemnify and hold harmless Grantor and its officers, employees, and agents for any and all liability, claims, judgments, or demands arising directly or indirectly out of the obligations undertaken in connection with this Easement except claims or litigation arising through the negligence or willful misconduct of Grantor. It is the intent of this paragraph that Grantee indemnify and hold harmless Grantor for any actions of Grantee or Grantor except for those arising out of the negligence or willful misconduct of Grantor, including, but not limited to, claims based upon Grantor's alleged breach of any statutory duty or obligation or Grantee's duty under contracts with third parties. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue Grantor for liabilities arising out of Grantee's provision of services under this Easement. 11. Grantee is lawfully self -insured pursuant to California Government Code Section 990 et seq. 12. 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. 13. Any notice or notices provided for by this easement or by law to be given or served upon Grantee may be given or served by certified or registered letter addressed to Grantee at 1243 National City Boulevard, National City, California 91950 and deposited in the United States mail, or may be served personally upon said Grantee or any person hereafter authorized by it in writing to receive such notice; and that any notice or notices provided for by this easement or by law to be served upon Grantor may be given or served by certified or registered letter addressed to Executive Director of Grantor at the Administrative Offices of the San Diego Unified Port District, Post Office Box 120488, San Diego, California 92112-0488 and deposited in the United States mail, or may be served personally upon said Executive Director or his duly authorized representative; and that any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the parties so served. 14. It is an express condition of this easement that the easement shall not be complete nor effective'until signed by all parties. DATED: ,19 Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By DEPUTY PORT/TTORNEY By CITY OF NATIONAL CITY By Title: Mayor 4 (Grant Qe Acknowledgement) STATE OF CALIFORNIA) ss. COUNTY OF SAN DIEGO) Ail /q /999 before me, personally appeared 'mile /i&i gS, oiAkira/, personally known to me (or proved -to me on the basis of satisfactory evidences to be the person} whose name(4)- is/safe-subscribed to the within instrument and acknowledged to me thatGtivaAkey executed the same in arrerAlaeir authorized capacities, and that by h' /heir signature(3-on the instrument the person($),- or the entity upon behalf of which the person(t)-acted, executed the instrument. WITNESS my hand and official seal. Signature NORMA P. URIAS COMM.# 1117200 z NOTARY PUBLICLALIFORNIA SAN CIEGO. CA M�wMMIS910N EXPIRES DEC 8, 2000 5 N80'S0 jJ^W S75'40'12"E N74y6'S1"1V ( N72 p 52 E5" R. 5. 6 ,40 ) Q 3 _ '1" = 120' 1710' GRAPHIC SCALE N9'09'44"E-124.87' 0=2509'51" 1 R=525.00' L=230.58 T=117.18' NOTES; 1. EASEMENT AREA SHOWN SHADED. 2. BEARINGS AND DISTANCES ARE BASED ON CALIFORNIA COORDINATE SYSTEM ZONE 6 ( NAD 27 ). STA. 55 D065E206fi' CURVE DATA: =1'23'20" Ct O R=379.26' L=9.19 T=356.85' =2'39'47" ®R=535.00' L=24.87 T=356.85' b. =30'30'37" « 0 R=32.0C1' L=17.04 T=356.85' =12'44'28" O R=32.00' L=7.12' T=356.85' 103-100 THE PASHA GROUP �C/aN/o INQ? 90 ti 1'9'O �9 tio'fiA EO gg/JR1, 94f- 2g6040i 5 407,p0���3 E OO2'Ll ' `s4140'29A,0735 j 1 % 80 3 SMT / - 52 s-) s E ///� 8 (pRU6 SO O%5i" . 0 R MP1N g83190g0l p ' 'S� S.11. tc. �,SE A '2 04Y7 RW OOC 20 �� 3% 20 �.2p 0,2013 pj352 a=88'16'00" =30.00' L=46.22' T=29.11' N73'59'53"E S9'09'44"W 21.74 e0.7 46 p0, R� 02'9)i ,p3,12 N73.59V- N17'44'08"W N7215'52"E 61.07' / - STA. k 9g 060 o; 021 CEL '1 O p PR 75,50 sc'sQf . ova k7C2 9J°mI OfegA '9 1,113.5453.t. 543.2915 W _ /i=14917'14" R=98.00' , WL=.- T=356255$5-34� t RR�pOP £p•SEMEN PERµ\"( 010 10ENSE' 52SO0 7t S°'16 P E001 1>P p10 010 P ARGFY _ r P PRGa. DRAWN ASNOR SANTORO_ APPROVED SAN DIEGO UNIFIED PORT DISTRICT EASEMENT WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY OATS 22 JUFE 1999 SCALE 1 REF. J-12860 DRAWING NO. SUfET10F1 527-012 SR DFECTOR, PUBLIC WORKS EXHIBIT "B" (Grantaft Acknowledgement) STATE OF CALIFORNIA) ss. COUNTY OF SAN DIEGO) On before me, personally appeared , 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 authorized capacity(ies), and that by his/her/their 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. Signature That portion of the Map of National City, in the City of National City, according to Map No. 348 filed in the office of the County Recorder of San Diego County, State of California, being more particularly described as follows: Commencing at Station 56 on the Ordinary High Water Mark for the Bay of San Diego, as said Ordinary High Mark is shown on Miscellaneous Map No. 564, filed May 28, 1976 in the Office of the San Diego County Recorder; said Station is also shown on the Record of Survey 9040 filed May 20, 1982 in the office of said County Recorder; said point also being on the westerly line of that Deed recorded December 28, 1994 as Document No. 1994-0735221; thence along said Ordinary High Water Mark south 40°20'14"east (south 40°20'00" east per R.O.S. 9040 and south 40°20"13"east per Doc. No. 1994-0735221) a distance of 28.13 feet to the TRUE POINT OF BEGINNING; thence leaving said Ordinary High Water Mark north 72°15'52" east a distance of 61.07 feet to the beginning of a tangent curve concave to the northwest having a radius of 30.00 feet; thence northerly along the arc of said curve through a central angle of 88°16'00" an arc distance of 46.22 feet; thence tangentially north 16°00'07"west a distance of 452.44 feet to the beginning of a tangent curve concave to the east having a radius of 525.00 feet; thence northerly along the arc of said curve through a central angle of 25°09'51"an arc distance of 230.58 feet; thence tangentially north 9°09'44" east a distance of 124.87 feet to a point being the beginning of a non -tangent curve concave to the northwest having a radius of 379.26 feet, the center of which bears north 74°16'51"west; said point also being on the northwesterly boundary line of said deed; thence northerly along the arc of said curve and boundary line through a central angle of 1°23'20" an arc distance of 9.19 feet to a point which bears south 75°40'12" east from the center of said curve; thence along said boundary line north 72°10'35" east (north 72°10'52" east per R.O.S. 9040) a distance of 56.65 feet to the beginning of a non -tangent curve concave to the west having a radius of 535.00 feet, the center of which bears north 83°30'04" west; thence leaving said boundary line southerly along the arc of said curve through a central angle of 2°39'47"an arc distance of 24.87 feet to a point which bears south 80°50'17"east from the center of said curve; thence south 9°09'44" west a distance of 39.09 feet; thence north 80°50'16" west a distance of 5.00 feet; thence south 9°09'44" west a distance of 21.74 feet to the beginning of tangent curve concave to the east having a radius of 462.00 feet; thence southerly along the arc of said curve through a central angle of 25°09'51" an arc distance of 202.91; thence tangentially south 16°00'07" east a distance of 489.35 feet to the beginning of a tangent curve concave to the northeast having a radius of 32.00 feet; thence southeasterly along the arc of said curve through a central angle of 30°30'37" an arc distance of 17.04 feet to the beginning of a reverse curve concave to the northwest having a radius of 98.00 feet; thence southwesterly along the arc of said curve through a central angle of 149°17'14" an arc distance of 255.34 feet to the beginning of a reverse curve concave to the south having a radius of 32.00 feet; thence westerly along the arc of said curve through a central angle of 12°44'28" an arc distance of 7.12 feet to a point on said Ordinary High Water Mark; thence north 40°20'14"west (north 40°20'00"east per R.O.S 9040 and north 40°20'13" east per Doc. No. 1994-0735221) along said Ordinary High Water Mark a distance of . Page 1 of 2 DRAWN AS/np CHECKED GP / J D REvxEWEVV PROVRD Amt. SR. x0EE.'1CR / MB= ECM SAN DIEGO UNIFIED PORT DISTRICT EASEMENT Within Corporate Limits of National City CITY OF NATIONAL CITY DATE 22 June 1999 SCALE REF. 7617 DRAWING NO. 527-012 EXHIBIT "A" distance of 88.31 feet to the TRUE POINT BEGINNING, containing 75,501 square feet or 1.73 acres of tideland area. The above described area is that delineated on Drawing No. 527-012, dated 22 June 1999, and made a part of this agreement. Courses referred to in the above description are based upon the California Coordinate System, Zone 6 (N.A.D. 27) Page 2 of 2 DRAWN AS/n CRECEED GP /JFp REVIEWED RD SAN DIEGO UNIFIED PORT DISTRICT ,EASEMENT Within Corporate Limits of National City CITY OF NATIONAL CITY DATE 22 June 1999 SCALE REF. 7617 DRAWING NO. 527-012 SR. =ICI R / PUBLIC IMPS EXHIBIT "A"