HomeMy WebLinkAbout2004 CON Jay Cleveland - Sewer Easement Las Palmas Golf CourseINDEMNIFICATION AGREEMENT
In consideration for the grant of a sewer easement by the City of National
City, hereinafter referred to as "City", across a portion of the Las Palmas Golf
Course to serve a four unit condominium project at 1945 Palm Avenue (A.P.N.
561-360-36) hereinafter referred to as "the Property", Diaz Development, LLC,
the owner of the Property, hereinafter referred to as "Owner", does hereby agree
to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or
nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the grant by City of the sewer easement to Owner
or from the use of said sewer easement by Owner or Owner's successors in
interest, or from the use of said easement by subsequent Owners of the Property.
Owner further agrees to purchase and maintain for a period of three (3)
years following placement of the sewer line in the easement, a policy of
comprehensive general liability insurance, with minimum limits of $1,000,000
combined single limit per occurrence, covering all bodily injury and property
damage arising out of the granting of the sewer easement, subsequent placement
of a sewer line in said easement, and the use of said sewer line.
Said insurance shall constitute primary insurance as to City, its officers,
employees, and volunteers, so that any other policies held by City shall not
contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days prior written notice to the City of cancellation or material change.
Said policies shall name City and its officers, agents and employees as
additional insureds.
Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company
equal financial stability that is approved by City's Risk Manager.
DIAZ DEVELOPMENT, LLC
Dated: g , 2004 By:
Cleveland
Owner
INDEMNIFICATION AGREEMENT
In consideration for the grant of a sewer easement by the City of National
City, hereinafter referred to as "City", across a portion of the Las Palmas Golf
Course to serve a four unit condominium project at 1945 Palm Avenue (A.P.N.
561-360-36) hereinafter referred to as "the Property", Diaz Development, LLC,
the owner of the Property, hereinafter referred to as "Owner", does hereby agree
to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or
nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the grant by City of the sewer easement to Owner
or from the use of said sewer easement by Owner or Owner's successors in
interest, or from the use of said easement by subsequent Owners of the Property.
Owner further agrees to purchase and maintain for a period of three (3)
years following placement of the sewer line in the easement, a policy of
comprehensive general liability insurance, with minimum limits of $1,000,000
combined single limit per occurrence, covering all bodily injury and property
damage arising out of the granting of the sewer easement, subsequent placement
of a sewer line in said easement, and the use of said sewer line.
Said insurance shall constitute primary insurance as to City, its officers,
employees, and volunteers, so that any other policies held by City shall not
contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days prior written notice to the City of cancellation or material change.
Said policies shall name City and its officers, agents and employees as
additional insureds.
Insurance shall be written with only Califomia admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company
equal financial stability that is approved by City's Risk Manager.
DIAZ DEVELOPMENT, LLC
Dated: , 2004 By:
avt2,
ay(lCleveland
Owner
PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
CITY CLERK OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
AND WHEN RECORDED MAIL TO:
CITY CLERK OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
DOC # 2005-0603797
JUL 18, 2005 2:34 PM
oFFIDAL REcoRDs
sArl DIEGO nouriT",' !RECORDER'S OFFICE
GREGORY J. SW Pi CULIN TY FiEcoRDER
FEEF.;- 23.00
CC. NA
PAGE-3:
HEM U
QUITCLAIM DEED OF EASEMENT (APN 556-580-41)
(Please fill in document title(s) on the this line)
111111E111111111111111
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
RESO 2004-235 (Additional recording fee applies) FILE C2004-9
1111111111111
6/94
Rec .Form 1/11.25
RECORDING REQUESTED BY
CITY OF NATIONAL CITY
AND WHEN RECORDED MAIL DEED TO AND
UNLESS OTHERWISE SHOWN BELOW, MAIL
TAX STATEMENTS TO:
Name:
Address:
City of State:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED OF EASEMENT
APN No. 556-580-41 Title No. N/A Escrow. No. N/A
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $ 0.00 CITY TAX $ 0.00
[ ] Computed on full value of property conveyed, or
[ ] Computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated area: [X] City of National City , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF NATIONAL CITY
hereby, REMISE, RELEASE AND FOREVER QUITCLAIM to any and all •
person(s) or entity(ies) having a legal or equitable interest in the hereinafter described
real property all right, title, interest and claims to the following described real property:
SEWER EASEMENTS WITHIN LOT 13 QTR. SEC. 154, RANCHO DE LA
NACION ACCORDING TO MAP 166 AND AS SHOWN ON EXHIBIT "A" and
"B" ATTACHED HERETO.
County of San Diego
Dated:
December 21, 2004
State of California
Nick
,State of California
yor
County of SA .I Q i ae, } ss.
On Dee t(jiooybefore me, M it,A4L R.4ALLA
(here insert name) Notary P •
personally appeared N 1 ek [ NzLN ZA
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscrib
to me (or
acknowledged to me that he/she/they executed the same in his/her/their authorized ca aci ies , and t and
instrument the person(s), or the . tity up ehalf of which the person(s) acted, executed the instru
hti eir` 1 re(s) on the
WITNESS my hand and o cia
Signature
adarWWAL
Affix seal within border
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Real Property in the City of National City, County of San Diego,
State of California, described as follows:
THAT PORTION OF THE SOUTHERLY ONE THIRD OF THE SOUTHERLY
HALF OF THE SOUTHWEST QUARTER OF THE WESTERLY HALF OF 80
ACRE LOT 1 OF QUARTER SECTION 128 OF RANCHO DE LA NACION,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1, 1869.
SEWER EASEMENT
Said Easement is more particularly described as follows:
A strip of land 10 feet wide 5.00 feet on each side of the following described center
line:
Commencing at the southwesterly corner of the 80 Acre Lot 1, which is also the
intersection of the centerlines of Palm Avenue and 20th Street; thence northeasterly
along the line common to Portion of 80 Acre Lot 1 and Portion of 80 Acre Lot 2, North
72°05'27" East a distance of 30.00 feet to a point on the northeasterly right-of-way line
of said Palm Avenue; thence leaving said right -of way of said Palm Avenue, along said
course, and along said common line, North 72° 05'27" East a distance of 250.00 feet;
thence leaving said common line, North 17°39'29" West a distance of 50.00 feet to the
TRUE POINT OF BEGINNING; thence North 72°05'27" East 147.95 feet to the
POINT OF TERMINUS.
The sidelines of said easement shall terminate westerly on the aforementioned line that
bears North 17°39'29" West and easterly on a line that bears North 17°54'33" West.
LEGEND
11/47,04
rJ
SEWER EASEMENT GRANTED HEREON
BOUNDARY OF PROPERTY
80 0
40 80
E
60
N
160 240
GRAPHIC SCALE: 1"= 80'
Pc ,
N12- g5
VICINITY MAP
NO SCALE
EXHIBIT "B"
\
CITY OF NATIONAL CITY
PLAT NO.
SHEET 1 OF 1
J:\02-017 Palm Ave \dwg\SEWER-ESMT PLAT.dwg, SWR-ESMT, 5/17/2004 3:29:55 PM,
HP LaserJet 8000 Series PCL
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5-17-04
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7
lace of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
i- / g- oV
Date
4/94
Recorder Form SRO
Signature of Declarant
(frif9z/t/X
Type or Print Name
ALL PURPOSE ACKNOWLEDGEMENT
}
STATE OF CALIFORNIA } SS.
COUNTY OF }
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.
(This area for official notarial seal!
Signature
ans
t•
RESOLUTION NO. 2004 — 235
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED
GRANTING A SEWER EASEMENT ACROSS A PORTION OF
LAS PALMAS GOLF COURSE TO SERVE A PROPOSED
FOUR UNIT CONDOMINIUM PROJECT AT 1945 PALM AVENUE
WHEREAS, Jay Cleveland, on behalf of Diaz Development, LLC, the
owner of property located at 1945 Palm Avenue (A.P.N. 561-360-36) (the "Owner"), has
requested that a sewer easement be granted by the City of National City across a
portion of Las Palmas Golf Course to serve a proposed four unit condominium project at
1945 Palm Avenue; and
WHEREAS, staff has recommended granting the easement upon the
condition that the Owner execute an indemnification agreement to be approved by the
City Attorney, and American Golf Corporation, the operator of the Golf Course, has
consented to the grant of the sewer easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby approve, upon the condition that the Owner execute an
indemnification agreement to be approved by the City Attorney, and the Mayor is
authorized to execute, a deed for a sewer easement across a portion of Las Palmas Golf
Course to serve a proposed four unit condominium project at 1945 Palm Avenue.
PASSED and ADOPTED this 21st day of December, 2004.
ATTEST:
el
Cq�
Della,
Mic Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 21, 2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Parra, Zarate.
Nays: None.
Absent: Natividad.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City Clerk of the Cfty(/of'Na tonal City, California
By:
Deputy
1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-235 of the City of National City, California, passed and
adopted by the Council of said City on December 21,2004.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE December 21, 2004
J) 2a04-S
AGENDA ITEM NO.
8
ITEM TITLE A Resolution of the City Council authorizing the Mayor to execute sewer easement on 1
Las Palmas Golf Course located east of Palm Avenue and 20th Street for an approved 4-unit condominium
project at 1945 Palm Avenue.
PREPARED BY Adam Landa
EXPLANATION
DEPARTMENT Engineering EXT. 4394
See attached
Environmental Review
_" N/A
MIS Approval
Financial Statement
Revenue of $500.00.
Approved By
Finance Dir
Account No.
STAFF RECOMMENDATION
Staff recommends that the e ement be approved and that the $500.00 be collected.
BOARD / COMMION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Letter
A-200 (Rev. 7/03)
Resolution No. -Zt 7 -235
3. Sewer Easement
EXPLANATION:
Mr. Jay Cleveland is requesting a sewer easement for his proposed condominium project located at Palm
Avenue and 20th Street from the City of National City. The proposed condominium projected will consist
of 4 units. The reason for the request is that the Planning Commission did not care for the 35' retaining
wall facing the golf course and the elevations of the building pad. The reason for the wall heights is that
the sewer was flowing into Palm Avenue. The project over looks the golf course where there is a sewer
main. In order to lower his retaining walls and building pads he would need to obtain a sewer easement
through the golf course.
Mr. Cleveland has contacted the American Golf Course and they have assured him that they would not
have a problem with the installation of the sewer lateral. American golf course has signed a letter of
permission for the sewer construction (see letter).
If the easement is approved by the City Council, Mr. Cleveland would be required to pay all associated
costs for the installation of the 6" sewer lateral. This would include the cost for the appraisal, cost for
the easement acquisition, construction cost, lawn replacement, and irrigation lines replacement. All
maintenance of the sewer line shall be the responsibility of Mr. Cleveland and/or the homeowners
association.
The City hired Michael D. Keagy Real Estate to prepare an appraisal and to submit a report. The
appraisal report states that the value for the sewer easement is $500.00. A copy of Michael D. Keagy
appraisal report is available for review at the City Clerk's office.
As a condition of approval of the granting of the sewer easement, the developer will be required to
execute an indemnification agreement and provide insurance coverage in favor of the City, to protect the
City from liability arising from the entry upon and use of the City property.
It is recommended that the easement be approved and the $500.00 be collected.
11
RESOLUTION NO. 2004 - 235
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED
GRANTING A SEWER EASEMENT ACROSS A PORTION OF
LAS PALMAS GOLF COURSE TO SERVE A PROPOSED
FOUR UNIT CONDOMINIUM PROJECT AT 1945 PALM AVENUE
WHEREAS, Jay Cleveland, on behalf of Diaz Development, LLC, the
owner of property located at 1945 Palm Avenue (A.P.N. 561-360-36) (the "Owner"), has
requested that a sewer easement be granted by the City of National City across a
portion of Las Palmas Golf Course to serve a proposed four unit condominium project at
1945 Palm Avenue; and
WHEREAS, staff has recommended granting the easement upon the
condition that the Owner execute an indemnification agreement to be approved by the
City Attorney, and American Golf Corporation, the operator of the Golf Course, has
consented to the grant of the sewer easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby approve, upon the condition that the Owner execute an
indemnification agreement to be approved by the City Attorney, and the Mayor is
authorized to execute, a deed for a sewer easement across a portion of Las Palmas Golf
Course to serve a proposed four unit condominium project at 1945 Palm Avenue.
PASSED and ADOPTED this 21st day of December, 2004.
Nick Inzunza, Mayor
ATTEST:
Michael Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
RECORDING REQUESTED BY
CITY OF NATIONAL CITY
AND WHEN RECORDED MAIL DEED TO AND
UNLESS OTHERWISE SHOWN BELOW, MAIL
TAX STATEMENTS TO:
Name:
Address:
City of State:
APN No. 556-580-41
SPACE ABOVE THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED OF EASEMENT
Title No. N/A Escrow No. N/A
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $ 0.00
[ J Computed on full value of property conveyed, or
[ 1 Computed on full value less value of liens or encumbrances remaining at time of sale,
[ 1 Unincorporated area: [X] City of National City and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby, REMISE. RELEASE AND FOREVER QUITCLAIM to any and all
person(s) or entity(ies) having a legal or equitable interest in the hereinafter described
real property all right, title, interest and claims to the following described real property:
SEWER EASEMENTS WITHIN LOT 13 QTR. SEC. 154, RANCHO DE LA
NACION ACCORDING TO MAP 166 AND AS SHOWN ON EXHIBIT "A" and
"B" ATTACHED HERETO.
County of San Diego
Dated:
State of California }
County of } SS.
,State of California
before me, (here insert name) Notary Public,
personally appeared .
CITY TAX $ 0.00
Proved to me on the basis of satisfactoryevidence)to be the personally known to me (or
person(s) whose name(s) is/are subscribed to the within insirucment 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 Affix seal within border
adwdWAL
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Real Property in the City of National City, County of San Diego,
State of California, described as follows:
THAT PORTION OF THE SOUTHERLY ONE THIRD OF THE SOUTHERLY
HALF OF THE SOUTHWEST QUARTER OF THE WESTERLY HALF OF 80
ACRE LOT 1 OF QUARTER SECTION 128 OF RANCHO DE LA NACION,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1, 1869.
SEWER EASEMENT
Said Easement is more particularly described as follows:
A strip of land 10 feet wide 5.00 feet on each side of the following described center
line:
Commencing at the southwesterly comer of the 80 Acre Lot 1, which is also the
intersection of the centerlines of Palm Avenue and 20th Street; thence northeasterly
along the line common to Portion of 80 Acre Lot 1 and Portion of 80 Acre Lot 2 North
72°05'27" East a distance of 30.00 feet to a point on the northeasterly right-of-way line
of said Palm Avenue; thence leaving said right -of way of said Palm Avenue, along said
course, and along said common line, North 72° 05'27" East a distance of 250.00 feet;
thence leaving said common line, North 17°39'29" West a distance of 50.00 feet to the
TRUE POINT OF BEGINNING; thence North 72°05'27" East 147.95 feet to the
POINT OF TERMINUS.
The sidelines of said easement shall terminate westerly on the aforementioned line that
bears North 17°39'29" West and easterly on a line that bears North 17°54'33" West.
LEGEND
P///////,I
80
0
SEWER EASEMENT GRANTED HEREON
BOUNDARY OF PROPERTY
0 40 80
160 240
GRAPHIC SCALE: 1"=80'
�pO
VICINITY MAP
NO SCALE
EXHIBIT "B"
7:\02-017 Palm Ave \dwg\SEWER ESMT PLAT.dw9, SWR-ESMT, 5/17/2004 3:29:S5 PM,
HP Lasedet 8000 Series PCL
CITY OF NATIONAL CITY
PLAT NO.
SHEET 1 OF 1
WO 02-017
5-17-04
f
RECEIVED
1=Pf I
Oldie Y 19 NI 1: 57
American Golf Corporation® NATI tC•4f .r 911-
May 17, 2004
Jay Cleveland
Land Developer
The Diaz Development Group LLC
908 Paradise Knoll Ct.
National City, CA 91951
Dear Mr. Cleveland,
This letter is in response to your request for an easement onto the National
City Golf Course property in order to connect to an existing sewer line. In
accordance with our lease agreement with the city of National City, we must
defer all easement requests to the office of the National City City Attorney,
George H. Eiser, III. If an approval is made through Mr. Eiser's office then
we will accommodate your request to the best of our ability so as not to
interfere with the regular operation of the golf course and its service to the
community in National City. Please provide us with written confirmation of
this approval and a schedule of work to be done at your earliest convenience.
Sincerely,
Terence Fleischer
General Manager
National City Golf Course
National City Golf Course • 1439 Sweetwater Road • National City, CA 91950 • Tel (619) 474-1400 • Fax (619) 474-8910 • www.americangolf.com
INDEMNIFICATION AGREEMENT
In consideration for the grant of a sewer easement by the City of National
City, hereinafter referred to as "City", across a portion of the Las Palmas Golf
Course to serve a four unit condominium project at 1945 Palm Avenue (A.P.N.
561-360-36) hereinafter referred to as "the Property", Diaz Development, LLC,
the owner of the Property, hereinafter referred to as "Owner", does hereby agree
to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or
nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the grant by City of the sewer easement to Owner
or from the use of said sewer easement by Owner or Owner's successors in
interest, or from the use of said easement by subsequent Owners of the Property.
Owner further agrees to purchase and maintain for a period of three (3)
years following placement of the sewer line in the easement, a policy of
comprehensive general liability insurance, with minimum limits of $1,000,000
combined single limit per occurrence, covering all bodily injury and property
damage arising out of the granting of the sewer easement, subsequent placement
of a sewer line in said easement, and the use of said sewer line.
Said insurance shall constitute primary insurance as to City, its officers,
employees, and volunteers, so that any other policies held by City shall not
contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days prior written notice to the City of cancellation or material change.
Said policies shall name City and its officers, agents and employees as
additional insureds.
Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company
equal financial stability that is approved by City's Risk Manager.
DIAZ DEVELOPMENT, LLC
Dated: , 2004 By:
Jay Cleveland
Owner