HomeMy WebLinkAbout08-07-2012 Item 13 -1141 E. 8th Street Slope and Wall EasementCITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: August 7, 2012
AGENDA ITEM NO. 13
ITEM TITLE:
Resolution of the City Council of the City of National City accepting an easement for construction of a
retaining wall to enhance visibility at the driveway for 1141 E. 8th Street in National City, from Loretta
C. Butz and authorizing the recordation of a Slope and Wall Easement across Lot 4 of Block 5 of Map
615, Parcel Number 556-417-05.
PREPARED BY: Barby Tipton, Project Officer
PHONE: 336-4385
EXPLANATION:
See attached
DEPARTMENT: Development Services -Engineering
Division
APPROVED BY:
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
FINAL ADOPTION:
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Slope and Wall Easement Deed
3. Resolution
Finance
e.r do''\\Ot--1 \-- • 'aoo.a • \Q °i
Explanation:
As part of the 8th Street Safety Enhancements (Highland Avenue to Palm Avenue)
Project, the City of National will be installing retaining walls along the frontage of
properties on 8'h Street between K Avenue and L Avenue to prevent erosion. In
order to enhance visibility at the driveways, two of the properties shall have the
wall angel inward. In order to construct the walls, it is necessary to obtain a Slope
and Wall Easement from the properties owners.
Staff recommends that City Council accept the attached easement and authorize
the recordation of such.
Page 1
RESOLUTION NO. 2012 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING A SLOPE AND WALL EASEMENT FROM LORETTA C. BUTZ
FOR CONSTRUCTION OF A RETAINING WALL TO ENHANCE
VISIBILITY AT THE DRIVEWAY FOR 1141 EAST 8TH STREET,
AND AUTHORIZING THE RECORDATION OF SAID EASEMENT
WHEREAS, as part of the 8th Street Safety Enhancements (Highland Avenue to
Palm Avenue) Project, the City of National City will be installing retaining walls along the
frontage of properties on 8th Street between "K" Avenue and "L" Avenue to prevent erosion; and
WHEREAS, In order to enhance visibility at the driveways, two of the properties
shall have the wall angel inward, which requires the City to obtain easements from the property
owners; and
WHEREAS, the property owners of 1141 East 8th Street have executed a Slope
and Wall Easement for Parcel No. 556-417-05, for the construction of a retaining wall to
enhance visibility at the driveway of the property; and
WHEREAS, the Traffic Safety Committee approved staff's recommendation at its
July 11, 2012 meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the acceptance of a Slope and Wall Easement on Parcel No.
556-417-06, from Loretta C. Butz, the property owner of 1141 East 8th Street, for the
construction of a retaining wall to enhance visibility at the driveway of the property.
BE IT FURTHER RESOLVED that the City Council hereby directs the City Clerk
to record said Slope and Wall Easement with the San Diego County Recorder's Office.
PASSED and ADOPTED this 7th day of August, 2012.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
RECORDING REQUESTED BY
City of National City
Engineering Department
1243 National City Blvd
National City, CA 91950
WHEN RECORDED, MAIL THIS DOCUMENT AND,
UNLESS OTHERWISE SHOWN BELOW,
MAIL TAX STATEMENT TO:
City of National City
Office of the City Clerk
1243 National City Blvd
National City, CA 91950
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SLOPE AND WALL EASMENT
0
Document transfer tax is $
The undersigned grantor(s) declare(s):
A.P.N. 556-417-05
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Loretta C. Butz
hereby GRANT(S) to the City of National City, an easement for Slope and Wall purposes as described in
attached Exhibit "A" and shown on map attached Exhibit "B"
Dated.c.. / A0/2_,
State of California _ )
County of SQVI'I't'a 0 ) s.s.
Signature of Grantor(s)
755-7
On theMday of �1R II 20 (.2. before me Vi/' )it /Ct " / 1 / 1 e1; a notary public,
personally appeared �l1 a 9 L &[Q m vl
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personfsYwhose name(�p is/ate- subscribed to the within
instrument and acknowledged to me that heishe/they executed the same in.his/her/their authorized capacity(los), and that by
his/her/their signaturekeY on the instrument the person(p); or the entity upon behalf of which the person(e) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and
correct.
WITNESS my hand and official seal.
(This area for official notarial seal)
VIRGINIA MILLER
Commission • 187409E
N Po01k • California
ClapCounty
EXHIBIT "A"
LEGAL DESCRIPTION
WALL EASEMENT
BUTZ LAND APN 556-417-05
An Easement for Wall purposes over a portion of Block 5 of Copeland Subdivision of
20 Acre Lot 4 in Quarter Section 131 of Rancho De La Nacion, in the City of
National City, County of San Diego, State of California, according to Map thereof
No. 615, filed in the office of the County Recorder of said County October 7, 1889
and the westerly 40 feet of "L" Avenue; being a portion granted to Loretta C. Butz
as trustee of THE BUTZ TRUST by Trust Transfer Deed recorded January 27, 2009 as
Document No. 2009-0038858 of Official Records, described in Parcels as follows:
PARCEL A:
BEGINNING at the southwest corner of said Butz land being also a point on the
northerly right of way of Eighth Street (80 feet wide); thence along the westerly
line thereof North 17°44'00" West 2.50 feet; thence leaving said westerly line
South 62°56'59" East 3.53 feet to said southerly line and said northerly right of
way; thence westerly along said line South 72'03'01" West 2.51 feet to the POINT
OF BEGINNING.
CONTAINING: 3.1 square feet, more or less.
PARCEL B:
COMMENCING at the southwest corner of said Butz land being also a point on the
northerly right of way of Eighth Street (80 feet wide); thence along the southerly
line thereof North 72'03'01" East 76.58 feet to the TRUE POINT OF BEGINNING;
thence continuing North 72'03'01" East 10.95 feet; thence leaving said southerly
line North 17°56'59" West 10.94 feet; thence South 27°04'33" West 15.48 feet to
the TRUE POINT OF BEGINNING.
CONTAINING: 59.9 square feet, more or less.
Attached hereto is Exhibit 'B' and by reference is made a part hereof.
Prepared by me or under my direction
Duquette, L.S.I'566
JN 55-100683
Rev. June 7, 2012
Page 1 of 1
N72°03'01"E 100'
EXHIBIT "B"
60'
I:)
0
J
0
w
Z
-J
40'
1-
w
�
W
0
J
0
BLOCK 5 MAP 615
0 20 ACRE LOT 4
1 /4 SEC. 131
APN 556-417-05
ELY 60' S 1/2 BLOCK 5
& WLY 40' "L" AVE. (CLOSED)
OWNER: BUTZ BY DEED
2009-0038858, O.R.
WALL EASEMENT GRANTED 63.0 S.F.
PCL. A
/SEE DETAIL A SHEET 2
PCL. B
SEE DETAIL B SHEET 2
N17°04'33"E
15.46'
76.58'
N72°03'01"E 100'
POINT OF BEGINNING PCL. A
POINT OF COMMENCEMENT PCL. B
SW CORNER BUTZ LAND
EIGHTH ST
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR SLOPE EASEMENT
PORTION OF BLOCK 5, MAP 615
QUARTER SECTION 131
NATIONAL CITY, CA
COUNTY OF SAN DIEGO
■ ■ IN
CONSULTING
N17`44'00"W 125'
SHEET 1 OF 2 SHEETS
S]55 CL 0559ACN(A£SA SOA.EVAND. 5055E 100
SAN OEM, CALFOAMA SZI24-O24
858.614.5000 .FAX6506145001 .mrsalWm.5
FEY..R..AE 7, 2012
J.N. 55-100683
a
o-
v Ln
POINT OF BEGINNING
2.51'
N72°03'01"E
POINT OF
COMMENCEMENT PCL. B
SW CORNER BUTZ LAND
DETAIL A
NOT TO SCALE
TRUE POINT OF
BEGINNING
PCL. B
r 76.58'
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR SLOPE EASEMENT
PORTION OF BLOCK 5, MAP 615
QUARTER SECTION 131
NATIONAL CITY, CA
COUNTY OF SAN DIEGO
-.-- N72°03'01"E 100.00
DETAIL B
NOT TO SCALE
CONSULTING
SHEET 2 OF 2 SHEETS
9755 CLAFELIONT MESA BOULEVARD, MITE 100
SAN DIECO, CALFwuu 92124-1324
B59.6145W0 •FA% 059.614.5001 •vALWA6Fsmn
REV. JUNE 7, 2072 J.N. 55-100683
Parcel name: 556-417-05 PCL A
North: 1827996.063787
Line Course: N 17-44-00.00 W
North: 1827998.449761
Line Course: S 62-56-59.00 E
North: 1827996.842369
Line Course: S 72-03-01.00 W
North: 1827996.069232
Line Course: S 17-44-00.00 E
North: 1827996.063707
East : 6301658.464896
Length: 2.5050
East : 6301657.701905
Length: 3.5345
East : 6301660.849759
Length: 2.5087
East : 6301658.463164
Length: 0.0058
East : 6301658.464930
Perimeter: 8.5540 Area: 3.1 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.000087 Course: S 22-58-16.08 E
Error North: -0.0000802 East : 0.0000340
Precision 1: 98,321.8391
Parcel name: 556-417-05 PCL B
North: 1828019.671303
Line Course: N 72-03-01.00 E
North: 1828023.046516
Line Course: N 17-56-59.00 W
North: 1828033.456129
Line Course: S 27-04-33.48 W
North: 1828019.671254
East : 6301731.320153
Length: 10.9520
East : 6301741.739090
Length: 10.9422
East : 6301738.366897
Length: 15.4816
East : 6301731.320115
Perimeter: 37.3758 Area: 59.9 sq.ft. 0.00 acres
Mapcheck Closure - (Uses listed courses, radii,and deltas)
Error Closure: 0.000062 Course: S 37-48-22.29 W
Error North: -0.0000492 East :-0.0000382
Precision 1: 602,835.4839
RESOLUTION NO. 2012 —168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING A SLOPE AND WALL EASEMENT FROM LORETTA C. BUTZ
FOR CONSTRUCTION OF A RETAINING WALL TO ENHANCE
VISIBILITY AT THE DRIVEWAY FOR 1141 EAST 8TH STREET,
AND AUTHORIZING THE RECORDATION OF SAID EASEMENT
WHEREAS, as part of the 8th Street Safety Enhancements (Highland Avenue to
Palm Avenue) Project, the City of National City will be installing retaining walls along the
frontage of properties on 8th Street between "K" Avenue and "L" Avenue to prevent erosion; and
WHEREAS, In order to enhance visibility at the driveways, two of the properties
shall have the wall angel inward, which requires the City to obtain easements from the property
owners; and
WHEREAS, the property owners of 1141 East 8th Street have executed a Slope
and Wall Easement for Parcel No. 556-417-05, for the construction of a retaining wall to
enhance visibility at the driveway of the property; and '
WHEREAS, the Traffic Safety Committee approved staffs recommendation at its
July 11, 2012 meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the acceptance of a Slope and Wall Easement on Parcel No.
556-417-06, from Loretta C. Butz, the property owner of 1141 East 8th Street, for the
construction of a retaining, wall to enhance visibility at the driveway of the property.
BE IT FURTHER RESOLVED that the City Council hereby directs the City Clerk
to record said Slope and Wall Easement with the San Diego County Recorder's Office.
ATTEST:
PASSED and ADOPTED this 7th day of August, 2012
n Morrison, Mayor
Mic ity Clerk
el R. Dalla
APPROVED ' S TO F
u.ia Ga
City Attorne
Passed and adopted by the Council of the City of National City, California, on August 7,
2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City 0 erk of the City f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-168 the City of National City, California, passed and adopted
by the Council of said City on August 7, 2012.
City Clerk of the City of National City, California
By:
Deputy