Loading...
HomeMy WebLinkAbout2018 CON (DEED) Gen3 Properties Two - General Utilities EasementRECORDING REQUESTED BY: THE CITY OF NATIONAL CITY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 DOC# 2018-0398014 1111111111111111111112111111111111111111111111111111111111111 Sep 24, 2018 04:49 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 7 (THIS SPACE FOR RECORDER'S USE ONLY) GRANT DEED - GENERAL UTILITIES EASEMENT J.O. NO. NO DOCUMENT TAX DUE R & T CODE 11922 562.-16o-oi-oo ASSESSOR'S PARCEL NO: 562.- ((.0 - -00 DWG NO: NO FEE FOR GOVT. AGENCY GOVERNMENT CODE 27383 For valuable consideration, receipt of which is hereby acknowledged, 6.714, 3 r A'PQ IL1 g I w) -L✓ • HEREBY GRANT(S) to the City of National City, a municipal corporation, in the County of San Diego, State of California, a permanent easement and a right- of- way for access to construct, reconstruct, maintain, operate and repair public utilities, including any or all appurtenances thereto, together with the right of ingress and egress, over, under, along and across all that real property situated in the City of National City, County of San Diego, State of California, described as follows: See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes Reserving unto the Grantor herein, heirs and assigns the continued use of the above described parcel of land subject to the following conditions: (1) The erecting of buildings, masonry walls, and other permanent structures; the planting of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by an Encroachment Maintenance and Removal Agreement issued by the City Engineer, and (2) Subject to the use of said easement by San Diego Gas and Electric Company, Pacific Bell, a community television antenna company, or other publicly franchised utility entities, provided the location of such publicly franchised utilities conforms to the location of utilities as approved by the City Engineer. Date: Grantor: Gen3 Properties T' o, N io; al City Blvd National City CA 91950 By: (signature) ��- (type or print name) U -26- �C7 i%Q 040 s 4\ This is to certify that the interest in real property conveyed by this instrument to the City of National City, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to authority conferred by the Municipal Code, and the grantee consents to recordation thereof by its duly authorized officer. Date: For: By: July 17, 2018 City of National City on Morrison, Mayor NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomi County of ate personally appeared me andI tle of the 0 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 foregoing paragraph is true and corre t. WITNESS my nd and official s al Signatu HOLLY J.YOUNG µ ,�•s__ Notary Public - California lz San Diego County Commission # 2179369 My Comm. Expires Feb 9, 2021 Place Notary Seal Above Sign r . i Pu,jc OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E Corporate Officer — Title(s): ❑ Partner — ❑ Limited E General ❑ Individual ❑ Attorney in Fact ❑ Trustee - E Guardian or Conservator E Other: Signer Is,Representing: Signer's Name: E Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E Attorney in Fact E Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :e-cc.Cc crCccJrtJ t c<,rc�c-ct_ sCK,,c-c`c-G�c=c;�c,�-CJCc,�Z, ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" General Utility Easement THAT PORTION OF THE EASTERLY 30.00 FEET OF THE WESTERLY 40.00 FEET OF "A" AVENUE, LYING EASTERLY OF LOTS 11 TO 20 INCLUSIVE IN BLOCK 1 OF SMITH AND PLANTE'S SUBDIVISION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1043, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1907, AND LYING EASTERLY OF AND ADJACENT TO PARCEL 1 OF RECEIVER'S DEED RECORDED APRIL 24, 2012 AS DOC # 2012-0237969, AND THE SOUTHERLY 10.00 FEET OF 28TH STREET LYING ADJACENT TO AND EASTERLY OF SAID PARCEL 1, AS VACATED AND CLOSED TO PUBLIC USE; TOGETHER WITH THAT PORTION OF THE EASTERLY 40.00 FEET OF "A" AVENUE, LYING WESTERLY OF AND ADJACENT TO LOTS 1 TO 10 INCLUSIVE IN BLOCK 2 OF SAID MAP 1043, AND THE WESTERLY 10.00 FEET OF PARCEL 2 OF SAID RECEIVER'S DEED, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF "A" AVENUE, SAID POINT BEING THE INTERSECTION OF SAID CENTERLINE WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2 OF SAID SMITH AND PLANTE'S SUBDIVISION AS SHOWN ON SAID MAP 1043; THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION NORTH 70°54'56" EAST, 40.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 2, BEING ALSO THE EASTERLY LINE OF SAID "A" AVENUE, SOUTH 18°57'14" EAST, 249.67 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID BLOCK 2; THENCE WESTERLY ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 2, SOUTH 70°54'56" WEST, 40.00 FEET, TO THE CENTERLINE OF SAID "A" AVENUE; THENCE CONTINUING WESTERLY ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 1 OF SAID MAP 1043, SOUTH 70°54'56 WEST 30.00 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF THE WESTERLY 10.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID "A" AVENUE; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF THE WESTERLY 10.00 FEET OF SAID "A" AVENUE, NORTH 18°57'14" WEST, 259.71 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF THE SOUTHERLY 10.00 FEET, MEASURED AT RIGHT ANGLES, OF 28TH STREET OF SAID SMITH AND PLANTE'S SUBDIVISION; THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID SOUTHERLY 10.00 FEET OF SAID 28TH STREET, NORTH 70°54'56" EAST, 30.00 FEET MORE OR LESS TO A POINT ON THE CENTERLINE OF SAID "A" AVENUE; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID "A" AVENUE, SOUTH 18°57'14" EAST, 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 17,783 SQUARE FEET (0.41 ACRES), MORE OR LESS. FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF LAND DESCRIBED. Legal description prepared by: Kappa Surveying & Engineering, Inc. By: Allen R. A. Turner III, PLS Registration expires December 31, 2018 date: April 18, 2018 EXHIBIT "B" 40.00' 9 APN: 562-170-23 APN: 562- 160 05 PAPICEI N18°57'14'W / 0. 00' 70.54'56 "E' i 40.00 ',S70 °54'56 "W �, 3/0.0' 28TH STREET NS3 1 Sew, iR N18°57'14"W 249.67 /// 7- 1 N 70 54'56 "E 40.00' 1 S18°57'14"E 249.66'� //1\170°54'56 "E. // 30°0� i A AVE. -\9 S18°57'14"E 259.71 I 7-71- 1 -1 i -1 O -1 S -\4 l 3 I I P -, ri r> I J I DOC, # (20J -02379 9 APN: 562-160-07 SCALE 1 " = 50' F EASEMENT EXHIBIT OF 2800 BLOCK OF 'A' AVE NATIONAL CITY, CA 91950 KAPPA SURVEYING & ENGINEERING, INC. 8707 LA MESA BOULEVARD, LA MESA, CA 91942 (619) 465-8948 FAX: (619) 465-6410 Job No.: 319517 Plat Date: 4/18/18 Drafter: CG Allen R A. Turner III, PIS RESOLUTION NO. 2018 — 129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GENERAL UTILITIES EASEMENT FOR THAT PORTION OF "A" AVENUE LYING BETWEEN THE SOUTHERLY LINE OF EAST 28TH STREET AND THE NORTHERLY LINE OF EAST 29TH STREET, TO BE VACATED FOR PUBLIC USE, BY AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION THEREOF EVIDENCING THE CITY'S CONSENT TO AND ACCEPTANCE OF THE EASEMENT WHEREAS, Gen3Properties Two, LLC, is the owner of the property located at 2829 National City Boulevard, commonly known as Frank Subaru; and WHEREAS, on January 17, 2017, the City Council adopted Resolution No. 2017-8 approving a street vacation for that portion of "A" Avenue lying between the southerly line of East 28th Street and the northerly line of East 29th Street extended and WHEREAS, to accommodate the existing public utilities within the portion of "A" Avenue being vacated for public use, a general utility easement is required to allow for the construction, reconstruction, maintenance, operation, and repair of the public utilities, including any appurtenances thereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts an General Utilities Easement for that portion of "A" Avenue lying between the southerly line of East 28th Street and the northerly line of East 29th Street, to be vacated for public use, by authorizing the Mayor to execute the certification thereof evidencing the City's consent to and acceptance of the easement. PASSED and ADOPTED this 17th day of July, 2018. ATTE T: Michael R. r,alla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Nicole Pedone Acting City Attorney Albert Mendivil, Vice Mayor For Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on July 17, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Rios, Sotelo-Solis. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-129 of the City of National City, California, passed and adopted by the Council of said City on July 17, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 17, 2018 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City accepting a General Utilities Easement for that portion of "A" Avenue between the southerly line of East 28th Street and the northerly line of East 29th Street, to be vacated for public use, by authorizing the Mayor to execute the certification thereof evidencing the City's consent to and acceptance of the easement. PREPARED BY: Charles Nissley DEPARTMENT: Engi PHONE: 336-4396 APPROVED BY: EXPLANATION: Gen3Properties Two, LLC is the owner of the property located at 2829 National City Boulevard, commonly known as Frank Subaru. On January 17, 2017, the City Council adopted Resolution No. 2017-8 approving a street vacation for that portion of "A" Avenue lying between the southerly line of E. 28TH Street and the northerly line of E. 29TH Street extended. in. and Public Works To accommodate the existing public utilities within the portion of "A" Avenue being vacated, a general utility easement is required to allow for the construction, reconstruction, maintenance, operation and repairs of the public utilities including any appurtenances thereto. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: F-1 STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Grant Deed -General Utilities Easement 2. Resolution Jas-,17:0 h..o . 3-c ig - I) RECORDING REQUESTED BY: THE CITY OF NATIONAL CITY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 (THIS SPACE FOR RECORDER'S USE ONLY) GRANT DEED - GENERAL UTILITIES EASEMENT 562-i(,o-of-oo J.O. NO: ASSESSOR'S PARCEL NO: 'Si.Z- IGO -07 -00 NO DOCUMENT TAX DUE R & T CODE 11922 For valuable consideration, receipt of which is hereby acknowledged DWG NO: NO FEE FOR GOVT. AGENCY GOVERNMENT CODE 27383 6,21.43 Pr,papTi t +v} UGC. HEREBY GRANT(S) to the City of National City, a municipal corporation, in the County of San Diego, State of California, a permanent easement and a right- of- way for access to construct, reconstruct, maintain, operate and repair public utilities, including any or all appurtenances thereto, together with the right of ingress and egress, over, under, along and across all that real property situated in the City of National City, County of San Diego, State of Califomia, described as follows: See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes Reserving unto the Grantor herein, heirs and assigns the continued use of the above described parcel of land subject to the following conditions: (1) The erecting of buildings, masonry walls, and other permanent structures; the planting of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prohibited except by an Encroachment Maintenance and Removal Agreement issued by the City Engineer, and (2) Subject to the use of said easement by San Diego Gas and Electric Company, Pacific Bell, a community television antenna company, or other publicly franchised utility entities, provided the location of such publicly franchised utilities conforms to the location of utilities as approved by the City Engineer. Date: Grantor: By: Gen3 Properties T^o, . • N io al City Blvd National City CA 91950 This is to certify that the interest in real property conveyed by this instrument to the City of National City, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to authority conferred by the Municipal Code, and the grantee consents to recordation thereof by its duly authorized officer. Date: For: By: July 17, 2018 City of National City Ron Morrison, Mayor NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. -1- EXHMIT "A" General Milky EaS3Ment THAT PORTION OF THE EASTERLY 30.00 FEET OF THE WESTERLY .40.00 FEET OF 'A' AVENUE, LYING EASTERLY OF LOTS 11 TO 20 INCLUSIVE IN BLOCK 1 OF SMITH- AND PLANTE'S SUBDIVISION, IN THE CITY OF NATIONAL.CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1043, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1907, AND LYING EASTERLY OF AND ADJACENT TO PARCEL 1 OF RECEIVER'S DEED RECORDED APRIL 24, 2012 AS DOC # 2012-0237989, AND THE SOUTHERLY 10.00 FEET OF 26111 STREET LYING ADJACENT TO AND EASTERLY OF SAID PARCEL 1, AS VACATED AND CLOSED TO PUBLIC USE; TOGETHER WITH THAT PORTION OF THE EASTERLY 40.00 FEET OF 'A' AVENUE, LYING WESTERLY OF AND ADJACENT TO LOTS 1 TO 10 INCLUSNE IN BLOCK 2 OF SAID MAP 1043, AND THE WESTERLY 10.00 FEET OF PARCEL 2 OF SAID RECEIVER'S DEED, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF "A" AVENUE, SAID POINT BEING THE INTERSECTION OF SAID CENTERLINE WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2 OF SAID SMITH AND PLANTE'S SUBDIVISION AS SHOVVN ON SAID MAP 1043; THENCE EASTERLY ALONG SAID WESTERLY PROLONGATION KORTH 70464`5 E6 ST. ACM FEETTa THR NOR�WEST,nse uaa•— O . SAID BLOCK EST. as.va+ : c. . . w.i .. o;.r kyyscy f Y 4l.ti 6.,.� � VhJS4%kF-�. ++.Fk� THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 2, BEING ALSO THE EASTERLY LINE OF SAID "A' AVENUE, SOUTH 18"57114' EAST. 249.87 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID BLOCK 2; THENCE WESTERLY ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 2, SOUTH 704'54'56" WEST* 40.00 FEET, TO THE CENTERLINE OF SAID "A" AVENUE; THENCE CONTINUING WESTERLY ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 1 OF SAID MAP 1043, SOUTH 70654'56 WEST 30.00 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY UNE OF THE WESTERLY 10.00 FEET, MEASURED AT RIGHT ANGLES, OF SAID' A' AVENUE; -2- THENCE NORTHERLY ALONG SAID EASTERLY LINE OF THE WESTERLY 10.00 FEET OF SAID 'A" AVENUE, NORTH 18'5T14" WEST, 259.71 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY UNE OF THE SOUTHERLY 10.00 FEET, MEASURED AT RIGHT ANGLES, OF 28TH STREET OF SAID SMITH AND PAS SUBDIVISION; THENCE EASTERLY ALONG THE EASTERLY PROLONGATION OF SAID NORTHERLY UNE OF SAID SOUTHERLY 10.00 FEET OF SAID 28TH STREET, NORTH 70'51I'58° EAST, 30.00 FEET MORE OR LESS TO A POINT ON THE CENTERUNE OF SAID 'A' AVENUE; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID "A' AVENUE, SOUTH 18°5T14' EAST, 10.00 FEET TO THE POINT CIF BEGINNING. SAID PARCEL CONTAINS .17,7133_SQUARE.FEET {0.41 ACRES), NI'QRE OR LESS. FOR ASSESSMENT PURPOSES OILY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT RE USFL AS THE BASIS FOR AN OFFER FOR SALE OF LAND DESCRIBED. Legal description prepared by: Kappa Surveying & Engineering, inc. By: _ +�:: . r.m •_....: c..` .�-:.` date: April 18, 2018 Alien R. A. Tuner Ill, PLS Registration xcpiees December 31, 2018 -3- APN: 562— .70-23 iPN: 562-1a0-05 • i PrARCEL 0 I I ! I..I .. 18 57.14 W 249.E 1 .f3LO°K.� -----� . PAR C L 1 - ----' Doc, if 2019.-6531.M501 I } APN: 562-160-07 t 1 ) ! ! ! I I ..E t'° = so' EASEMENT EKHIBI T Of 2800 BLOCK OF A AYE NATIONAL CITY. CA 91950 At No.. 319517 Plat Date 4/18/18 �, u �+► u u R1O4 try 4411 C; • RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GENERAL UTILITIES EASEMENT FOR THAT PORTION OF "A" AVENUE LYING BETWEEN THE SOUTHERLY LINE OF EAST 28TH STREET AND THE NORTHERLY LINE OF EAST 29TH STREET, TO BE VACATED FOR PUBLIC USE, BY AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION THEREOF EVIDENCING THE CITY'S CONSENT TO AND ACCEPTANCE OF THE EASEMENT WHEREAS, Gen3Properties Two, LLC, is the owner of the property located at 2829 National City Boulevard, commonly known as Frank Subaru; and WHEREAS, on January 17, 2017, the City Council adopted Resolution No. 2017-8 approving a street vacation for that portion of "A" Avenue lying between the southerly line of East 28th Street and the northerly line of East 29th Street extended and WHEREAS, to accommodate the existing public utilities within the portion of "A" Avenue being vacated for public use, a general utility easement is required to allow for the construction, reconstruction, maintenance, operation, and repair of the public utilities, including any appurtenances thereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts an General Utilities Easement for that portion of "A" Avenue lying between the southerly line of East 28th Street and the northerly line of East 29th Street, to be vacated for public use, by authorizing the Mayor to execute the certification thereof evidencing the City's consent to and acceptance of the easement. PASSED and ADOPTED this 17th day of July, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk GEN3 PROPERTIES TWO, LLC GRANT DEED — GENERAL UTILITIES EASEMENT APN #562-160-05-00, 562-160-07-00 Judy Hernandez (Engineering/Public Works) forwarded a copy of the Recorded Grant Deed to Gen3 Properties Two, LLC.