Loading...
HomeMy WebLinkAbout2012 CON (DEED) Pio & Joanna Hernandez - Drainage Easement - Lot 6 of block 2 of Map 1148 Home Crest VillasPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 D O C # 2012-0818684 I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII DEC 27, 2012 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES• 5 1111111IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII THIS SPACE FOR RECORDER'S USE ONLY DRAINAGE EASEMENT: LOT 6 OF BLOCK 2 OF MAP 1148 HOME CREST VILLAS, A.P.N. 561-412-20-00, CERTIFICATE OF ACCEPTANCE AND RESOLUTION NO. 2012-243 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE DRAINAGE EASEMENT APN 561 412 20 00 The undersigned grantor(s) declare(s): Document transfer tax is $ NONE City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pio R. and Joanna E.R. Hernandez, a.k.a., Joanna Elizabeth Rodriguez hereby GRANT(S) to The City of National City, an Easement for Drainage purposes eight feet in width across, under and through certain real property as described in the following and shown in the attached. The Southerly eight feet of Lot 6 of Block 2 of Map 1148 Home Crest Villas in the City of National City, County of San Diego, State of California together with the Southerly eight feet of the westerly half of the adjacent portion of the alley vacated by Resolution 2179 on January 7, 1941. RESTRICTIONS The Grantee agrees to comply with City Council Policy, Standards for Public Rights -of -Way and Public Improvements Installed Thereon adopted by Resolution 92-2033, dated June 16, 1992, Chapter 2 Easements, subsection 2.1 "There shall be no permanent obstructions within (or over) the easement which hinder the maintenance of sewer and storm drain facilities within the easement, i.e., fences, walls, overhanging eaves". Dated /72 Phe (Notary Acknowledgment Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On f�c.�,M L eo (, 20 /L, before me, 7- 7 , Notary Public, personally appeared � .� /fist e7_ _ who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(s) are subscribed to the within instrument and acknowledged to me thaC ie/shefthey executed the same in /heetheir authorized capacity(i.es), and that b}�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 tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. gnatuof Notary Public TERRY MAE CULLINAN Commission • 1917818 Notary Public - California San Diego County M Comm. Ex.lres Dec 30. 2014 Place Notary Seal Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On e-6--c7 e —before me, ( sae ( ((i!.un C' '& c Dale i Here Insert Name and Title of Ire Officer v 17 L ( �r(2 ‘e)44 Ae ee c , Nm nc(ur vl 3iync,( personally appeared TERRY MAE CULLINAN Commission # 1917818 Notary Public - California San Diego County My Comm. Expires Dec 30, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s0lace subscribed to the within instrument and acknowledged to me that "tie//they executed the same in hiss r/their authorized capacity(ies), and that by Ns/IQ/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 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 Doc IIppIenJJt Title or Type of Document: di l G , C Z GI c�+r c„74— Number of Pages: Document Date: .-F—'7,1 fie--7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by igner(s) Signer's Name: Signer's Name: Signature of Notary Public �e1? �t 4//r-ci rd Af/ GeEneF.l( t'ilzc ❑ Corporate Officer — itle(s): ❑ Corporate Officer — Title(s): 1 Individual RIGHT THUMBPRINT ❑ Individual OF SIGNER • Partner — ❑ ited r- General Top of thumb here ❑ Partner — ❑ Limited C7 General CI Attorney in " act ❑ Attorney in Fact ❑ Trustee/ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here __ .`w^rksu^.c,c's`�=k*ro-`.era`a.`�5�`�w`so`rsa`rGETcoi.c�wgr,•c.c>c.Y,'crc^^r✓u`e:w"e�ur=4e>4�=4:�ea4:u:'e..�. ses;F.S © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item ff5907 CERTIFICATE OF ACCEPTANCE I certify on behalf of the City Council of the City of National City pursuant to authority conferred by Resolution 2012-243 adopted on December 18th, 2012 that the City of National City accepts the granting of a drainage easement on Parcel No. 561-412-20-00 for a portion of land for drainage purposes and consents to the recordation thereof by its authorized officer. Date: eCt;msa 20i 2DI2 Michael ' . Della, CMC City Clerk SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS [Agreement] is made as of the first date of execution, by and between Pio R. Hernandez and Joanna E.R. Hernandez, a.k.a., Joanna Elizabeth Rodriguez Hernandez, husband and wife, [HERNANDEZ]. and CITY OF NATIONAL CITY [City], [HERNANDEZ and City referred to as "The Parties"], who agree as follows: RECITALS A. The Parties now wish to settle and dismiss all disputes and claims between them. The undersigned understand, acknowledge, and agree that the execution of this Agreement is not to be construed as an admission of liability on the part of any party to this Agreement. B. On November 16, 2009, HERNANDEZ purchased the vacant lot property located on Grove Street, identified by Assessor's Parcel Number 561 412 20 00 (the PROPERTY). While grading in anticipation of constructing a home on the property, HERNANDEZ struck a storm drain. HERNANDEZ alleges they were not aware of any drainage easement existing on the property, as it was not on title. C. CITY maintains a storm drain which begins on Prospect Street, crosses a property immediately uphill of HERNANDEZ, and crosses the HERNANDEZ PROPERTY along the property line, as shown on Exhibit A. CITY asserts a prescriptive easement for storm drain purposes exists on the HERNANDEZ PROPERTY. D. The Parties disagree on whether an easement exists on the PROPERTY. The CITY has not located a recorded easement for the HERNANDEZ PROPERTY. The storm drain has been in existence for decades and follows what would be the natural drainage course. The existence of the storm drain provides a direct benefit to the HERNANDEZ PROPERTY, as it captures what would be natural surface flow into a below surface storm drain. E. The Parties seek to resolve their differences. CITY seeks to obtain a recordable easement from HERNANDEZ. The storm drain easement would allow the CITY to replace the existing storm drain that was damaged by HERNANDEZ, and access, maintain, repair, and replace the storm drain in the future. HERNANDEZ seeks compensation for the storm drain easement. F. The unique factors and history of the property located at the PROPERTY create an unusual situation that is amenable to resolution by the Parties. The Parties now seek to resolve all outstanding issues between them, thereby avoiding a protracted court action. DEFINITIONS As used in this Agreement, the following words and phrases have the meanings stated: Associated Entities and Persons. "Associated Entities and Persons" includes, but is not limited to, spouses, heirs, executors, administrators, representatives, successors -in -interest, Settlement Agreement Hernandez — Grove Street Easement assigns, subrogees, agents, employees, attorneys, former employees, or similarly related entities or persons. Claims. "Claims" shall include all claims, rights, liens, demands, liabilities, indebtedness, agreements, promises, and causes of action (asserted, unasserted, known, unknown, or contingent) which arise out of or relate to the issues described in the recitals above, and which have accrued as of the date of this Agreement. Costs. "Costs" shall include all costs, losses, liabilities, damages, judgments, expenses, fees, attorneys' fees, and obligations related to the Claims. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. SETTLEMENT: 1.1. Easement: The Parties agree that the PROPERTY will be subject to an 8- foot wide drainage easement, depicted on Exhibit A, consistent with Exhibit B. HERNANDEZ agrees to execute the easement attached as Exhibit B. The drainage easement will allow for the installation of a new storm drain, and the repair, replacement, and maintenance of such storm drain within the drainage easement. No portion of the storm drain pipe shall be located more than 4.5 feet from the property line as shown on Exhibit A. There shall be no permanent obstructions within or over the easement which hinder the maintenance of the storm drain within the easement, i.e., fences, walls, overhanging eaves. The storm drain pipe will be installed to a depth no greater than approximately 3 feet deep. The Parties agree that CITY can enter onto the PROPERTY to install a new storm drain up to 1 8" in diameter, to replace the current existing storm drain that was damaged by HERNANDEZ. The Parties agree that CITY's entrance onto said PROPERTY may exceed the width of the easement for the purposes of the installation of the storm drain. 1.2 Grading Plan: HERNANDEZ shall adhere to the grading plan provided to CITY, showing finished elevations and the location of structures (house and retaining wall) located outside of the easement. 1.3 Compensation: Upon receipt of the executed Settlement Agreement and Easement (Exhibit B), CITY shall pay to HERNANDEZ the amount of Fifteen Thousand Dollars ($15,000.00) as complete and total compensation for the easement, storm drain installation, and any and all alleged damages claimed by HERNANDEZ. The payment shall be made payable to: Pio and Joanna Hernandez and Lieb & Lieb, attorneys of record. 1.4 Waiver of Fees and Costs: Each party hereby agrees to waive any and all claims it may have or had for Costs related to this matter. 2. RELEASE OF CLAIMS. 2.1 Release. For and in consideration of the terms described above, the Parties on behalf of themselves, their heirs, executors, administrators, and assigns hereby fully release and discharge each other and their agents, sureties, officials, officers, directors, representatives, - 2 - Settlement Agreement Hernandez — Grove Street Easement insurers, attorneys, employees, predecessors and assigns, Associated Entities and Persons, jointly and severally, from any and all claims, demands, controversies, actions, causes of action, obligations, liabilities, costs, expenses, attorneys' fees and damages of whatsoever character, nature and kind, known or unknown, in law or in equity, arising from or related to the PROPERTY and the storm drain easement. 2.2 Waiver of Civil Code section 1542. It is the intention of the Parties that the foregoing release shall be effective as a bar to all claims, demands, controversies, actions, causes of action, obligations, liabilities, costs, expenses, attorneys' fees and damages of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, hereinabove specified to be so barred; and in furtherance of this intention the Parties expressly waive any and all rights and benefits conferred upon that party by the provision of Section 1542 of the California Civil Code, which are as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." It is understood and agreed that the release provision of this subsection is a full and final release of all liability, claims, demands, actions, causes of action, and rights of every nature and kind and that it extinguishes claims that are known, unknown, foreseen, or unforeseen. The Parties understand and acknowledge the significance and consequence of this specific waiver of Section 1542 and assume full responsibility for any injuries, damages, losses, or liability that each may incur. 3. MISCELLANEOUS. 3.1 Covenant not to sue. Each of the Parties under this Agreement agrees that such party shall not make, assert or maintain any action, demand or lawsuit against any other party, or the other party's Associated Entities and Persons, for claims released pursuant to this Agreement. 3.2 Further Assurance. Each party shall execute all documents and do all acts reasonably necessary to carry out the intent of this Agreement. 3.3 Successors. The provisions of this Agreement shall be deemed to obligate, extend to, and inure to the benefit of, the successors, assignees, transferees, grantees, and indemnities of each of the parties to this Agreement. 3.4 Representations Regarding Authority. The parties represent and warrant that they are legally authorized and competent to execute this Agreement, which is intended to be a legally binding contract dealing with the release and/or conveyance of certain valuable, important rights. Each party represents and warrants that it has not assigned, transferred, or purported to assign or transfer to any person or entity any claim released and each party agrees to defend, indemnify, and hold harmless the other party from any claims that arise as a result of anyone asserting such a claim. - 3 - Settlement Agreement Hernandez — Grove Street Easement 3.5 Independent Counsel. Each of the parties to this Agreement acknowledges and represents that it has been represented by independent counsel of its own choice through all negotiations which preceded the execution of this Agreement, and that it is freely and voluntarily executing this Agreement with the consent, and upon the advice, of independent counsel. Each of the parties to this Agreement further acknowledges that they have read this Agreement and have had its terms and consequences explained by independent counsel. 3.6 California Law. This Agreement is made and entered into in the State of California and shall, in all respects, be interpreted, enforced, and governed by and under the laws of the State of California. 3.7 Attorneys' Fees. If any dispute arises pertaining to this Agreement, each party shall bear its own cost and attorneys' fees. 3.8 Interpretation. Wherever the context so requires, the singular number shall include the plural; the plural shall include the singular; and the masculine gender shall include the feminine and neuter genders. No provision of this Agreement shall be interpreted against a party to this Agreement because that party or his or its legal representative drafted that provision. 3.9 Captions. The captions by which the sections and subsections of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 3.10 Integration. This Agreement (after full execution) memorializes and constitutes the entire agreement and understanding between the parties, and supersedes and replaces all prior negotiations, proposed agreements, and agreements, whether written or unwritten. This Agreement may be amended or modified only by a writing signed by all parties to this Agreement which specifically states it is an amendment to this Agreement. 3.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 3.12 Release Not Admission Of Liability. It is expressly acknowledged and agreed that no party admits, expressly or impliedly, any fact or liability of any type or nature with respect to any matter, or the sufficiency of any claims, allegations, assertions, or positions of any party; no party has made any such admissions; and this Agreement is entered into solely by way of compromise and settlement only. 3.13 Forum Selection. If any action is brought by any party arising out of or in any way related to any of the terms, covenants and conditions of this Agreement, each party agrees that the forum for such action or actions shall be a court of competent jurisdiction within the County of San Diego, State of California. 3.14 Assignments. The parties hereby represent that they have not previously assigned, transferred, or purported to have assigned or transferred in any manner, the claim held - 4 - Settlement Agreement Hernandez — Grove Street Easement by it, him or her against the other party. Each party agrees to indemnify and hold harmless the other and pay the other's attorneys' fees in the event that any individual or entity asserts a purported written assignment of a claim from the party to that individual or entity. 3.15 Survival Of Representations and Warranties. The representations, warranties, and releases set forth in this agreement shall remain in full force and effect and shall survive the consummation of this Agreement. Dated:///ZCJ Dated: Dated: 1:4-1 ) APPROVED AS TO FORM: Dated: Dated: IP10 I mna E.R. Hernandez, a. .a.,^Joanna Elizabeth driguez Hernandez CITY OF NATIONAL CITY Leslie Deese City Manager LIEB LIEB By: By: Richard Fahey, Esq. Attorney for Pio and Joanna Hernandez CFI++�=' a• ilva City Attorn City of Na ' City - 5 - Settlement Agreement Hernandez — Grove Street Easement PORTION MAP 1148 n• WIDE DRAINAGE EASEMENT B' WIDE DRAINAGE EASEMENT STORM DRAIN PIPE OB. MAXIMUM) PROPERI LINE I DETAIL "A" NO PORTION OF THE STORM DRAIN PIPE SHALL BE LOCATED MORE THAN A 5' FROM PROPERTY LINE. DEPTH TO FLOW SHALL BE APPROXIMATELY S'. DRAINAGE EASEMENT APN 561 412 20 00 EXHIBIT A RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE DRAINAGE EASEMENT APN 561 412 20 00 The undersigned grantor(s) declare(s): Document transfer tax is $ NONE City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pio R. and Joanna E.R. Hernandez, a.k.a., Joanna Elizabeth Rodriguez hereby GRANT(S) to The City of National City, an Easement for Drainage purposes eight feet in width across, under and through certain real property as described in the following and shown in the attached. The Southerly eight feet of Lot 6 of Block 2 of Map 1148 Home Crest Villas in the City of National City, County of San Diego, State of California together with the Southerly eight feet of the westerly half of the adjacent portion of the alley vacated by Resolution 2179 on January 7, 1941. RESTRICTIONS The Grantee agrees to comply with City Council Policy, Standards for Public Rights -of -Way and Public Improvements Installed Thereon adopted by Resolution 92-2033, dated June 16, 1992, Chapter 2 Easements, subsection 2.1 "There shall be no permanent obstructions within (or over) the easement which hinder the maintenance of sewer and storm drain facilities within the easement, i.e., fences, walls, overhanging eaves". Dated l: Signs of Grantor(s) (Notary Acknowledgment Attached) EXHIBIT B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of San Diego ) On ce, Lj a Dz71 L , 20 iL , before me, Notary Public, personally appeared i, D R f{e,Qit-q e who proved to me on the basis of satisfactory evidence to be the person(.) whose name(s) subscribed to the within instrument and acknowledged to me thatTe/she/they executed the same in�lii /heetheir authorized capacity(ies), and that b ier their signature(s) on the instrument the personO 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. gnatujbf Notary Public TERRY MAE CULLMAN Commissions 1917810 Notary Public - California San Diago County M Comm. Ex. fires Doc 30. 2014 Place Notary Seal Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIYLL CODE § 1189 r.cr :c, rfrr- c .r r�r Nu ram. r;<.G. .:s r- . r-. rr c erg :e— rr, State of California personally appeared r 2,Ct e Here Insert Name and Title of tne Officer GC" ��2.— TERRY MAE CULLINAN Commission # 1917818 Notary Public - California I San Diego County My Comm. Expires Dec 30, 2014 Place Notary Seal Above [C` fi Title or Type of Document: / Document Date: - �/eU ,�, G� r� �z;/ L —. Number of Pages: -2.- Signer(s) Other Than Named Above: who proved to me on the basis of satisfactory evidence to be the person(s)-whose names f /ai'e subscribed to the within instrument and acknowledged to me that •he/f/they executed the same in his(/their authorized capacity(ies), and that by his/6 /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 of Notary Public Signature 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 Doc ent �� ()I e Capacity(ies) Claimed b Signer's Name: LI Corporate Officer — itle(s): ❑ Individual El Partner — ❑ ited ❑ General ❑ Attorney in act ❑ Trustee ❑ Guardian or Conservator ❑ Other: igner(s) Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: �� l� dui' _•�� LI Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited L7 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #59D7 RESOLUTION NO. 2012 — 243 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR DRAINAGE PURPOSES FROM PIO R. AND JOANNA E.R. HERNANDEZ, AND AUTHORIZING THE RECORDATION OF THE GRANT DEED FOR A DRAINAGE EASEMENT ACROSS LOT 6 OF BLOCK 2 OF PORTION MAP 1148 HOME CREST VILLAS AND THE ADJACENT PORTION OF THE VACATED ALLEY WHEREAS, the City of National City currently maintains a storm drain pipe on Lot 6 of Block 2 of Map 1148 Home Crest Villas that is currently vacant and without an address; and WHEREAS, the storm drain runs westerly from Prospect Street to Grove Street along the southerly property line; and WHEREAS, since the drainage facility is owned and maintained by the City, the City has requested an easement from the property owners, Pio R. and E.R. Hernandez for future maintenance purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts an easement for drainage purposes from the property owners, Pio R. and Joanna E.R. Hernandez for an easement across Lot 6 of Block 2 of Portion Map 1148 Home Crest Villas and the adjacent portion of the vacated alley. BE IT FURTHER RESOLVED that the City Council authorizes the recordation of the Grand Deed for the drainage easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 18th day of December, 2012. ATTEST: Michael R. Dalla, City Clerk PPROVED AS TO FORM: it diaG- City Attorn4 a Silva Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on December 18, 2012 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California rk of the City National By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-243 of the City of National City, California, passed and adopted by the Council of said City on December 18, 2012. City Clerk of the City of National City, California By: Deputy Ci ty, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 18, 2012 AGENDA ITEM NO. 18 .TEM TITLE: Resolution of the City Council of the City of National City accepting an easement for drainage purposes from Pio R. Hernandez and Joanna E. R. Hernandez and authorizing the recordation of a grant deed for a drainage easement across Lot 6 of Block Two of Map 1148 Home Crest Villas and the adjacent portion of the vacated alley PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Drainage Easement Deed 3. Plat 4. Resolution EXPLANATION Currently the City of National City maintains a storm drain pipe on Lot 6 of Block 2 of Map 1148 Home Crest Villas which is currently vacant and without an address. The storm drain runs westerly from Prospect Street to Grove Street along the southerly property line. Due to the fact that this is a City owned and maintained drainage facility the City of National City has requested an easement from the property owners, Pio R. and Joanna E. R. Hernandez for future maintenance purposes. Pio R. and Joanna E. R. Hernandez have provided the City of National City with an executed and notarized original Drainage Easement Deed for acceptance and recording of the drainage easement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR DRAINAGE PURPOSES FROM PIO R. AND JOANNA E.R. HERNANDEZ, AND AUTHORIZING THE RECORDATION OF THE GRANT DEED FOR A DRAINAGE EASEMENT ACROSS LOT 6 OF BLOCK 2 OF PORTION MAP 1148 HOME CREST VILLAS AND THE ADJACENT PORTION OF THE VACATED ALLEY WHEREAS, the City of National City currently maintains a storm drain pipe on Lot 6 of Block 2 of Map 1148 Home Crest Villas that is currently vacant and without an address; and WHEREAS, the storm drain runs westerly from Prospect Street to Grove Street along the southerly property line; and WHEREAS, since the drainage facility is owned and maintained by the City, the City has requested an easement from the property owners, Pio R. and E.R. Hernandez for future maintenance purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts an easement for drainage purposes from the property owners, Pio R. and Joanna E.R. Hernandez for an easement across Lot 6 of Block 2 of Portion Map 1148 Home Crest Villas and the adjacent portion of the vacated alley. BE IT FURTHER RESOLVED that the City Council authorizes the recordation of the Grand Deed for the drainage easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 18th day of December, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE DRAINAGE EASEMENT APN 561 412 20 00 The undersigned grantor(s) declare(s): Document transfer tax is $ NONE City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pio R. and Joanna E.R. Hernandez hereby GRANT(S) to The City of National City, an Easement for Drainage purposes eight feet in width across, under and through certain real property as described in the following and shown in the attached. The Southerly eight feet of Lot 6 of Block 2 of Map 1148 Home Crest Villas in the City of National City, County of San Diego, State of California together with the Southerly eight feet of the westerly half of the adjacent portion of the alley vacated by Resolution 2179 on January 7, 1941. RESTRICTIONS The Grantee agrees to comply with City Council Policy, Standards for Public Rights -of -Way and Public Improvements Installed Thereon adopted by Resolution 92-2033, dated June 16, 1992, Chapter 2 Easements, subsection 2.1 "There shall be no permanent obstructions within (or over) the easement which hinder the maintenance of sewer and storm drain facilities within the easement, i.e., fences, walls, overhanging eaves". Dated State of California County of SAN DIEGO On the day of a notary public, personally Signature of Grantor(s) ) S.S. , 20 before me -1- PORTION MAP 1148 8' WIDE DRAINAGE EASEMENT Io 9 I 16 oI DI 10 12 I I 1 g 0-I 3a 24TH STREET 8' WIDE DRAINAGE EASEMENT D STORM DRAIN PIPE (OB. MAXIMUM) PROPERTY LINE 1111111111111111d DETAIL "A•' 4.5 NO PORTION OF THE STORM DRAIN PIPE SHALL BE LOCATED MORE THAN 4.5 FROM PROPERTY LINE. DEPTH TO FLOW SHALL BE APPROXIMATELY 3'. DRAINAGE EASEMENT APN 561 412 20 00 -3- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 18, 2012 AGENDA ITEM NO. 18 .TEM TITLE: Resolution of the City Council of the City of National City accepting an easement for drainage purposes from Pio R. Hernandez and Joanna E. R. Hernandez and authorizing the recordation of a grant deed for a drainage easement across Lot 6 of Block Two of Map 1148 Home Crest Villas and the adjacent portion of the vacated alley PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Drainage Easement Deed 3. Plat 4. Resolution EXPLANATION Currently the City of National City maintains a storm drain pipe on Lot 6 of Block 2 of Map 1148 Home Crest Villas which is currently vacant and without an address. The storm drain runs westerly from Prospect Street to Grove Street along the southerly property line. Due to the fact that this is a City owned and maintained drainage facility the City of National City has requested an easement from the property owners, Pio R. and Joanna E. R. Hernandez for future maintenance purposes. Pio R. and Joanna E. R. Hernandez have provided the City of National City with an executed and notarized original Drainage Easement Deed for acceptance and recording of the drainage easement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR DRAINAGE PURPOSES FROM PIO R. AND JOANNA E.R. HERNANDEZ, AND AUTHORIZING THE RECORDATION OF THE GRANT DEED FOR A DRAINAGE EASEMENT ACROSS LOT 6 OF BLOCK 2 OF PORTION MAP 1148 HOME CREST VILLAS AND THE ADJACENT PORTION OF THE VACATED ALLEY WHEREAS, the City of National City currently maintains a storm drain pipe on Lot 6 of Block 2 of Map 1148 Home Crest Villas that is currently vacant and without an address; and WHEREAS, the storm drain runs westerly from Prospect Street to Grove Street along the southerly property line; and WHEREAS, since the drainage facility is owned and maintained by the City, the City has requested an easement from the property owners, Pio R. and E.R. Hernandez for future maintenance purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts an easement for drainage purposes from the property owners, Pio R. and Joanna E.R. Hernandez for an easement across Lot 6 of Block 2 of Portion Map 1148 Home Crest Villas and the adjacent portion of the vacated alley. BE IT FURTHER RESOLVED that the City Council authorizes the recordation of the Grand Deed for the drainage easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 18th day of December, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE DRAINAGE EASEMENT APN 561 412 20 00 The undersigned grantor(s) declare(s): Document transfer tax is $ NONE City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pio R. and Joanna E.R. Hernandez hereby GRANT(S) to The City of National City, an Easement for Drainage purposes eight feet in width across, under and through certain real property as described in the following and shown in the attached. The Southerly eight feet of Lot 6 of Block 2 of Map 1148 Home Crest Villas in the City of National City, County of San Diego, State of California together with the Southerly eight feet of the westerly half of the adjacent portion of the alley vacated by Resolution 2179 on January 7, 1941. RESTRICTIONS The Grantee agrees to comply with City Council Policy, Standards for Public Rights -of -Way and Public Improvements Installed Thereon adopted by Resolution 92-2033, dated June 16, 1992, Chapter 2 Easements, subsection 2.1 "There shall be no permanent obstructions within (or over) the easement which hinder the maintenance of sewer and storm drain facilities within the easement, i.e., fences, walls, overhanging eaves". Dated Signature of Grantor(s) State of California County of SAN DIEGO ) S.S. On the day of , 20 before me a notary public, personally -1- appeared Name(s) of Signer(s) 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/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 forgoing paragraph is true and correct. WITNESS my hand and official seal. (This area for official notarial seal) -2- PORTION MAP 1148 30 8' WIDE DRAINAGE EASEMENT IW O Iv L20' _ 24TH e' WIDE DRAINAGE EASEMENT STORM DRAIN PIPE (, 8•' MAXIMUM) PROPERTY LINE 120' 1 I • 120' 24 �. I TREET 2 I I 23 3 II 22 II 4 II 21 5 II 20 r s O,B•'STOHM 6 19 I SEE 'A' B L [1I (_�- V K 2 7 I I 18 MEM 9 I 16 I I`LI I,d 13 I STREET 30 INk Ale NO PORTION OF THE STORM DRAIN PIPE SHALL BE LOCATED MORE THAN 4.5' FROM PROPERTY LINE. DEPTH TO FLOW SHALL BE APPROXIMATELY 3'. DETAIL "A" DRAINAGE EASEMENT APN 561 412 20 00 -3- PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED Or.J DEC 27, 2012 DOCUMENT NUMBER 2012-0818684 Ernest J. Dronenk:ury. Jr.. COUNTY RECORDER SAN DIEGO COUNT)' RECORDER'S OFFICE TIME: 4:18 Plvi THIS SPACE FOR RECORDER'S USE ONLY DRAINAGE EASEMENT: LOT 6 OF BLOCK 2 OF MAP 1148 HOME CREST VILLAS, A.P.N. 561-412-20-00, CERTIFICATE OF ACCEPTANCE AND RESOLUTION NO. 2012-243 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE DRAINAGE EASEMENT APN 561412 20 00 The undersigned grantor(s) declare(s): Document transfer tax is $ NONE City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pio R. and Joanna E.R. Hernandez, a.k.a., Joanna Elizabeth Rodriguez hereby GRANT(S) to The City of National City, an Easement for Drainage purposes eight feet in width across, under and through certain real property as described in the following and shown in the attached. The Southerly eight feet of Lot 6 of Block 2 of Map 1148 Home Crest Villas in the City of National City, County of San Diego, State of California together with the Southerly eight feet of the westerly half of the adjacent portion of the alley vacated by Resolution 2179 on January 7, 1941. RESTRICTIONS The Grantee agrees to comply with City Council Policy, Standards for Public Rights -of -Way and Public Improvements Installed Thereon adopted by Resolution 92-2033, dated June 16, 1992, Chapter 2 Easements, subsection 2.1 "There shall be no permanent obstructions within (or over) the easement which hinder the maintenance of sewer and storm drain facilities within the easement, i.e., fences, walls, overhanging eaves". Dated /22 %,. of Grantor(s) (Notary Acknowledgment Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of San Diego ) 6 6) 7v(L , 20 /.L, before me, r , Notary Public, personally appeared ,4 X tf 41 e2— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4) subscribed to the within instrument and acknowledged to me thane/shefthey executed the same in /her/treir authorized capacity(ies), and that by' »ieiftheir 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. gnatu,'of Notary Public TERRY MAE C LUL iNNAN Commission N 1917818 Notary Public • California San Otago County Comm. Explrim Dec 30, 2014 Place Notary Seal Above Signer(s) Other Than Named Above: Capacity(ies) Claimed b - igner(s) Signer's Name: E Corporate Officer — itle(s): C Individual C Partner — ❑ ited ❑ General ❑ Attorney in act ❑ Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: } CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • _ •': v / v- .. - v v v r.: • i v•.r .r•v State of California County of G.✓ t6"7/- On e-6-/)"60—before me, //'L-GLC Date I Here Insert Name and Title of tWe. Officer personally appeared �Gl!1 h-°C 6rej�� �! QC h to 51�f�y. i( CIVIL CODE § 1189 TERRY MAE CULLINAN Commission at 1917818 Notary Public - California San Diego County My Comm. Expires Dec 30, 2014 t who proved to me on the basis of satisfactory evidence to be the person(s)--whose name(sj/are subscribed to the within instrument and acknowledged to me that -hel/they executed the same in his?/their authorized capacity(ioe), and that by 14s/1QTltheir 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. C Place Notary Seal Above {/ // Signature of Notary Pubtic 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 Doc ent Title or Type of Do ment: / 1A� , �. �`A 5 ,. d„� Document Date:, �i -�i ram! L- Number of Pages: -Z- -4. / e 4 -...(vod etc Signature RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Titie(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: eta Signer Is Representing: n.'._.• • • 0 2010 National Notary Association • NationalNctary.org • 1-800-US NOTARY (1-800-876-6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here • Item #5907 CERTIFICATE OF ACCEPTANCE I certify on behalf of the City Council of the City of National City pursuant to authority conferred by Resolution 2012-243 adopted on December 18th, 2012 that the City of National City accepts the granting of a drainage easement on Parcel No. 561-412-20-00 for a portion of land for drainage purposes and consents to the recordation thereof by its authorized officer. Date: DI=ceMszt. 2o1201s- Michael ". Dalla, CMC City Clerk Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano CA11F,QRNJA NATI CITE° mooRpoftATg Office of the City Attorney TO: City Clerk FROM: Ginny Miller, Legal Assistan SUBJECT: Settlement Agreement and Re ease of All Claims City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight DATE: January 10, 2013 Attached please find an original, full -executed Settlement Agreement and Release of All Claims between the City of National City and Pio and Joanna Hernandez, for your files. Thank you. Attachment 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax December 20, 2012 Mr. Ernest Dronenburg Assessor / Recorder / County Clerk County of San Diego P.O. Box 121750 San Diego CA 92112-1750 Dear Mr. Dronenburg: We are submitting the following documents in duplicate for recording: DRAINAGE EASEMENT: LOT 6 OF BLOCK 2 OF MAP 1148 HOME CREST VILLAS, A.P.N. 561-412-20-00, CERTIFICATE OF ACCEPTANCE AND RESOLUTION NO. 2012-243 Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, f' N Michael R. Dalla, CMC City Clerk Enclosures