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HomeMy WebLinkAbout2011 CON (Street Easements) Various - Plaza Blvd Street WideningRESOLUTION NO. 2009 — 66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE EXPENDITURE OF $846,200 FOR THE ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FROM 38 PROPERTY OWNERS FOR THE PLAZA BOULEVARD WIDENING PROJECT WHEREAS, the Plaza Boulevard Widening Project (the "Project") involves the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue; and WHEREAS, the Project requires the acquisition of narrow strips of 38 properties for right -of way and temporary construction easements; and WHEREAS, the City has obtained appraisals for the strips of land to be acquired, as well as for the temporary construction easements that will be used to construct the improvements in the expanded right-of-way; and WHEREAS, the total appraised value for all right-of-way and temporary construction easements to be acquired is $846,200; and WHEREAS, funding for the Project is available through the Surface Transportation Program, Transnet, and Local Capital Outlay funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the Council hereby approves the purchase of right-of-way and temporary construction easements in the amount of $846,200 for the Plaza Boulevard Widening Project. BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute contracts in an amount not to exceed $25,000 for the purchase of the necessary right- of-way and construction easements. PASSED and ADOPTED this 7th day of April, 20 on Morrison, Mayor ATTEST: A Michael R. all City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on April 7, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City lerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-66 of the City of National City, California, passed and adopted by the Council of said City on April 7, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT . ETING DATE April 7, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of National City approving the City's offers to property owners for Right of Way (ROW) acquisition and obtaining construction easements with total cost at $846,200, and authorizing the City Manager to execute ROW documents for accommodating the proposed Plaza Boulevard widening improvements from Highland Avenue to Euclid Avenue (Funding through Federal STP, Local TransNet and Capital Outlay Funds) PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT See attached explanation. Engineering EXT. 4387 Environmental Review X N/A MIS Approval Financial Statement Approved By: i Finance Director Funds are available through STP funds Account No.312-409-500-598-6569, TransNet funds Account No. 307-409- 500-598-6569 and Local Capital Outlay funds Account No. 103-409-500-598-6569. Account No. STAFF RECOMMENDATION Adopt the Resolu ion. BOARD / COMMISSION RECOMMEfDATION N/A r-- ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Exhibit "A` 3. Aerial views and plats for fifteen properties A.200 (Rev 7(03) Hecording requested by: CHICAGO TITLE COMPANY (PC:3 1D--`132- RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Boulevard National City, CA, 91950 1651 DOC G 2011-0182840 APR 08, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES 6 IIIII IIIII IIIII IIIII IIIII IIII111111111111111IIIII IIII 1111111111111111111111111111 NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 556-590-61 No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SOUTH BAY SPE LLC, A CALIFORNIA LIMITED LIABILITY CO., ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days prior written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to utilize (but not store) construction, automotive and other equipment, tools, and materials thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, and to reasonably repair any damage caused by Grantee's use of the easement area. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 1652 Grantee agrees to indemnify, defend and hold Grantor harmless from and against any claims, demands of losses arising out of, related to, or in connection with Grantee's use of the Easement. Grantee's indemnification obligation under this paragraph shall expire two (2) years after the expiration or earlier termination of this Easement. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this day of , 20 it . GRANTOR: South Bay SPE LLC, a California limited liability company By: Fund VIII Management Corporation, a California corporation its manager BY: . Miller, resident CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Temporary Construction Easement dated fw1eAUARY 2`12t/{ , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 2.04-46 , dated 4R417 tool and the Grantee consents to the recordation thereof by its duly authorized officer. Date: 11 ARCM /D , 20L1 Michael R. Dall City Clerk City of National City 1653 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On f r)01 / before me, R/M4 13 4EA7f` A hJC Yale'Here Insert Name and Title of the Officer 1 personally appeared T t 1.)t7JNL- Name(s) of Signer(s) RIMA BRONTE srr-. Commission # 1796493 Notary Public - California t 1 Los Angeles County "r1 Mi/ConI . !pies_ 25.2012 _ [ Place Notary Seal Above who 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/theif authorized capacity(ies), and that byd3is/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature t.• Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 'Tb t-0OOr Y &) tl Tk i'r7 ' 0-16-V / (ityu ss-6 -.Sr/ C" i ) Document Date: 0 /1 ill I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual LI Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual Corporate Officer — Title(s): Cl Partner — C Limited L General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here C2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item 45907 Reorder:Call Toll -Free 1-800-876-6827 1654 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 THAT PORTION OF PARCEL 2 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70°39'20" EAST 220.64 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE NORTH 72°44'12" EAST 70.43 FEET; 2. THENCE SOUTH 17°38'58" EAST 5.00 FEET; 3. THENCE NORTH 72°44'12" EAST 25.00 FEET; 4. THENCE NORTH 17°38'58" WEST 5.00 FEET; 5. THENCE NORTH 72°44'12" EAST 263.51 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; 6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 10.00 FEET; 7. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 66.41 FEET; 8. THENCE SOUTH 17°15'48" EAST 8.00 FEET; 9. THENCE SOUTH 72°44'12" WEST 67.21 FEET; 10. THENCE NORTH 17°15'48" WEST 8.00 FEET; 11. THENCE SOUTH 72°44'12" WEST 124.91 FEET; 12. THENCE SOUTH 17°38'58" EAST 5.00 FEET; 13. THENCE SOUTH 72°44'12" WEST 35.00 FEET; 14. THENCE NORTH 17°38'58" WEST 5.00 FEET; 15. THENCE SOUTH 72°44'12" WEST 97.92 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; 16. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'06" WEST 9.71 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; 17. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 72°13'43" EAST 32.51 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.103 ACRES, MORE OR LESS. 01-09 MICKEY B. AGWIE RC 27648 EXP. 3-31-10 coFESS/04,9 No. 27640 `c Exp.03131110 CIVIV OF CAS-\F 1655 » B" P.Q.B. S 77'41 45 W �� - 127Q.33' -- S 7039 20 E CP9\ ti M CPB 220.64' "-,PLAZA BLVD. r PM 13966 P.A.R. 1 LEGEND T.P.O.B. P.O.B. REVISED BY: APPROVED BY: EXHIBIT T.P.O.B. PERM. ACQ. AND TCE CENTERUNE ACCESS AND UTILITY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PERMANENT ACQUISITION AREA = 0.016 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING SEE DETAILS "A" AND "8" SHEET 2 PM 120I79 PAP, 9 jT. NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENURE PROPERTY. PM 13960 PAR, 2 556-590-61 LEGEND�EN(CONT.) P'_/= TEMPORARY CONSTRUCTION 1� EASEMENT (TCE) AREA = 0.103 ACRES A CONTROL POINT PER ROS 17515 SHEET 1 OF 2 SHEETS DATE: DATE: NAMONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC 1"=100' DOC. NO. DWG. NO. 1656 HIGHLAND AVE. LEGEND T.P.O.B. P.O.B. A •` 03 N 72'13'43" EN?? 9 O4 9.711< N 17'46'06" W CENTERUNE ACCESS AND U11UTY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PM 13960 PAR, 1 N. T.P.O.B. PERM. ACQ. PLAZA BLVD. AND TCE N 7213'43" E 358.92' !�tL5 97.92' S 72'44'12" W J'ar/ 35.OD'� S 72'44'12" W" uN� moo N z PM 13950 PAr,2 556-590-61 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. DETAIL "A" NOT TO SCALE N PLAZA BLVD. N 7213'43" E 358.92' L6 67.21' — S 72'44'12" W Qua 3g S 72'44'12" W g�'' -� -- 66.41' 85•Zo r PAR, 2 zZzd Z 556-590-61 o a- DETAIL "B" NOT TO SCALE U m N - PERMANENT ACQUISITION AREA = 0.016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED UNE DATA UNE BEARING LENGTH L1 S 72'44'12" W 263.51' L2 S 1738'58" E 5.00' L3 S 72'44'12" W 25.00' L4 N 17'38'58" W 5.00' L5 S 72'44'12" W 70.43' L6 S 72'44'12" W 124.91' SHEET 2 OF 2 SHEETS REVISED BY: DRAWN BY: KA DATE: DATE: 2-18-09 NATIONAL CITY CHECKED BY: MA DATE: 2-1 B-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC NOT TO SCALE DOC. NO. DWG. NO. Recording requested by: CHICAGO TITLE COMPANY l3� tot9(t)473i( RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: City of National City 1243 National City Blvd National City, CA 91950-4301 1645 DOCp 2011-0182839 APR 08, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0-00 OC: NA PAGES: 6 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY (Space above this line for County Recorders Use Only) APN: 556-590-61 No documentary tax due R & T 11922 (amended) STREET EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SOUTH BAY SPE LLC, A CALIFORNIA LIMITED LIABILITY CO., ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY, ("Grantee"), a permanent and exclusive easement ("Easement") for street purposes over, under and upon the land located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement includes the right of ingress and egress for purposes of constructing a public street and appurtenances, together with the right to construct, operate, maintain, repair and replace said street and appurtenances. All references herein to Grantor and Grantee shall refer to and be binding upon their respective personal representatives, successors and assigns, specifically including any successor -in -interest to Grantor in ownership of fee title to the easement land and the servient tenement. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of this day of r:Lftu. , 20i1. GRANTOR: South Bay SPE LLC, a California limited liability company By: Fund VIII Management Corporation, a California corporation its manager BY: . Miller, ' - ident CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Street Easement dated fk6pAki , to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No.200,-44 , dated 4pRr6 7 2.09 and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MARC4( /Q , 20/I City Clerk City of National City 1646 1647 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of kt e}ni6--E7.--5 } On ) E •a`il I/ before me, /ll-tip L Cumi /Lrifi-gt PPv,8,ic Date Here Insert Name and Title of the Officer personally appeared -t)CQveld tit Name(s) of Signer(s) is.-.6.-g--,-.. ,...',:.......,...0...L.-...1.,.......,- RIMA BRONTE Commission # 1796493 Notary Public - California £ Los Angeles County - MyComm. ExpiresHpr25, 2012 Place Notary Seal Above who 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 kle/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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �� OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: STY- @ASE741 T (1)-PN $S ,$ 9e-tit J Document Date: 0 - A4 _ QC Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTT OF UIMPRINT GNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — L Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave..PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 1648 EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-61 THAT PORTION OF PARCEL 2 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70°39'20" EAST 220.64 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 358.92 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2; 2. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 17°46'17" EAST 3.18 FEET; 3. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 263.51 FEET; 4. THENCE SOUTH 17°38'58" EAST 5.00 FEET; 5. THENCE SOUTH 72°44'12" WEST 25.00 FEET; 6. THENCE NORTH 17°38'58" WEST 5.00 FEET; 7. THENCE SOUTH 72°44'12" WEST 70.43 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.016 ACRES, MORE OR LESS. MICKEY B. AGUIR J RCE 27648 EXP. 3-31-10 P.O.B. CP9 �` --- S 70'3920_ " E S 77 41'45_" N_ -' j — 1270.33' — 8 220.64' PLAZA BLVD. PM 13950 PAT-1, 1 LEGEND T.P.O.B. P.O.B. EXHIBIT "B"1649 T.P.O.B. PERM. ACO. AND TCE CENTERLINE ACCESS AND UTILITY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PERMANENT ACQUISITION AREA = 0.016 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING SEE DETAILS "A" AND "8" SHEET 2 PM 12079 PAFL 9 Ir NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. PM 13960 PAR 2 556-590-61 LEGEND (CONT.) IL./TEMPORNR `CONSTRUCTION EASEMEAREA = 0.103 ACRES A CONTROL POINT PER ROS 17515 Q a, SHEET 1 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 2-18-09 NATIONAL CITY 1"=100' CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC DOC. NO. DWG. NO. 1 650 2 110.1111, LEGEND T.P.O.8. P.O.B. 0 N 39, N 7213'43" g 04 32.51��`� 9.71' < N 17'46'06" W CENTERUNE ACCESS AND UTIUTY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PM 13960 PAR, J PRMgACQ. PLAZA BLVD. AND TCE N 7213'43" E 358.92' �f`5 97.92' S 72'44'12" W 2 in N z PM 13960 PAR, � r, 2 556-590-61 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. DETAIL "A" NOT TO SCALE PLAZA BLVD. N 7213'43" E 358.92' L4 35.00'-' 3 $ S 72'44'12" W g " tri co t m �4- L6 —' j! S 66.41' --� �- 67.21' -� 72'44'12" W $W iA PERMANENT ACQUISITION AREA = 0.016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 3 g S 72'44'12" W °° PM 13960 T PAR, 2 Z 556-590-61 u, DETAIL "B" NOT TO SCALE TABULATED UNE DATA UNE BEARING LENGTH L1 S 72'44'12" W 263.51' L2 S 17'38'58" E 5.00' L3 S 72'44'12" W 25.00' L4 N 17'38'58" W 5.00' L5 S 72'44'12" W 70.43' L6 S 72'44'12" W 124.91' SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 2-18-09 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC DOC. NO. DWG. NO. Recording requested by: GHICAGO TITLE COMPANY `7'1 I n O i - 73,7- RECORDING REQUESTED BY and AFTER RECORDING MAIL TO: 1(' City of National City 1243 National City Boulevard National City, CA, 91950 1657 ooca zmimezeai 111111111111111141111111111111111111111111111111111 APR 08, 2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr. - COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 5 1111111111111111111111111111111111111111111111111111111111111111111111111111 I I I I I I I I NO FEES DUE - FOR BENEFIT OF PUBLIC AGENCY APN: 556-590-60 (Space above this line for County Recorders Use Only) No documentary tax due R & T 11922 (amended) TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SOUTH BAY SPE LLC, A CALIFORNIA LIMITED LIABILITY CO., ("Grantor"), hereby grants and conveys to CITY OF NATIONAL CITY ("Grantee"), a temporary construction easement ("Easement") and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon the start of construction activities with Grantee providing a minimum of 30 days prior written notice to Grantor. Said Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Said Easement and right shall be all acts necessary for the purpose of constructing street improvements and related appurtenant structures associated with the Plaza Boulevard Widening Project. Such acts shall include, without limitation, constructing and installing street improvements, driveway transitions, restriping parking lots, drainage structures, utilities, retaining walls, slopes, and landscaping. Grantor further grants the right of unobstructed ingress and egress to the Easement, including the right to pass and re -pass over and along the Easement and to utilize (but not store) construction, automotive and other equipment, tools, and materials thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, and to reasonably repair any damage caused by Grantee's use of the easement area. The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors -in -interest, agents, employees, assigns, and transferees of the parties hereto. 1658 Grantee agrees to indemnify, defend and hold Grantor harmless from and against any claims, demands of losses arising out of, related to, or in connection with Grantee's use of the Easement. Grantee's indemnification obligation under this paragraph shall expire two (2) years after the expiration or earlier termination of this Easement. IN WITNESS WHEREOF, grantor has executed this Grant of Temporary Construction ;:i's�' Easement as of this day of Ai , 20 II . GRANTOR: South Bay SPE LLC, a California limited liability company By: Fund VIII Management Corporation, a California corporation its manager BY: Jac ne S. filler, Pre •' :ent CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Temporary Construction Easement dated falAuflEr2& 2p/), to the City of National City, is hereby accepted by order of the City Council of the City of National City per Resolution No. 200q-66 , dated ! pp. /? 20o i, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: MAkcj /D , 20 /1 Mi aelR./a City Clerk City of National City 1659 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .1-6..0 On F�13 `1, a:6I Date personally appeared 1 before me, F1i M t1 I3ROA.; AUC 77-RY PutiLi - / Here Insert Name and Title of the Officer Name(s) of Signer(s) v... RIMA BRONTE Commission # 1796493 I Notary Public - California z Los Angeles County _MyComm.ExpYesApr25.2012_[ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that I9e/she/ttaey executed the same in 1i4s/her/their authorized capacity(ies), and that by-t}is/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Th-74PEt4A- ` C6nRlS772L'CtlCsi 67i,S 17-CC4IiT (,qAt;. .E9O" 6'e%) Document Date: f i 2 - g / - Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Fl Corporate Officer — Title(s): LI Partner — ❑ Limited LJ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LJ Other: Signer Is Representing: OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited f General ❑ Attorney in Fact ❑ Trustee LI Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association. 9350 De Seto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotaryorg Item #5907 Reorder:Call Toll -Free 1-000-876-6827 1660 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-60 THAT PORTION OF PARCEL 1 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 64°54'08" EAST 195.70 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 17°46'06" EAST 9.71 FEET; 2. THENCE SOUTH 72°44'12" WEST 7.30 FEET; 3. THENCE SOUTH 17°15'48" EAST 5.00 FEET; 4. THENCE SOUTH 72°44'12" WEST 58.15 FEET; 5. THENCE NORTH 17°53'52" WEST 5.00 FEET; 6. THENCE SOUTH 72°44'12" WEST 53.41 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 7. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°25'02" A DISTANCE OF 14.77 FEET; 8. THENCE SOUTH 17°47'17" EAST 18.95 FEET; 9. THENCE SOUTH 72°12'43" WEST 9.53 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; 10. THENCE ALONG SAID WESTERLY LINE NORTH 17°45'48" WEST 14.21 FEET TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 11. THENCE CONTINUING ALONG SAID WESTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'31" A DISTANCE OF 31.41 FEET TO THE NORTHERLY LINE OF PARCEL 1; 12. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 120.99 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.040 ACRES, MORE OR LESS. MIC EY B. AG EXP. 3-31-10 RCE 27648 1661 HIGHLAND AVE. LEGEND �T1T T.P.O.B. P.O.B. A EXHIBIT PLAZA BLVD. �j/�/—/ N 77213'43" E f)B» P.O.B. A CP9 �� ` � '270.33' C.P-A 195.70' S 64'54'08" E 120.99' ..� S 77'4/'45" W /NE COR. PAR. 1 S 17 548 E >9.71' " �" --- 53.41' --' 1�� 5.00' ` S 17'46 O6 E r44'12" W S 72'44'12" W /� `� 58,15' 7.30' 's $ S 72'44'12• W NU) In 17 n z PM 13960 PAR 556-590-60 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. 15' DRAINAGE EASEMENT PER PM 13960 -CENTERLINE ACCESS AND UTIUTY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.040 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PM 13960 PAR 2 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 56'25'02" 15.00' 14.77' C2 89'59'31" 20.00' 31.41' SHEET 1 OF 1 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 2-18-09 NATIONAL CITY 1' = 30' CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-60 SOUTH BAY SPE LLC DOC. NO. DWG. NO.