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HomeMy WebLinkAbout2018 CON (DEED) Gen3 Properties Two - Public Access 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# 2018-0398013 11111111111111111111111111111111111111111110111111111111111111 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 - PUBLIC ACCESS EASEMENT J.O. NO: ASSESSOR'S PARCEL NO: 54, — I(OO — OS" OO DWG NO: NO DOCUMENT TAX DUE NO FEE FOR GOVT. AGENCY R & T CODE 11922 GOVERNMENT CODE 27383 For valuable consideration, receipt of which is hereby acknowledged, 6 3 PtoreLn i � GC e . HEREBY GRANT(S) AND DEDICATES to public use, to the City of National City, a municipal corporation, in the County of San Diego, State of California, a permanent easement and right-of-way for public access, and incidents and appurtenances thereto, over, under, along and across all that real property in the City of National City, County of San Diego, State of California, described asfollows: See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes Date: II2 Grantor: Gen3 Prope o, L 0 National City Blvd National City CA 91950 By: (signature) (type or print name) W" NON e)s 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. 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 Califomiq\�M b County of I On before me, Date personally appeared ) \\Vi\/WN ere insert Name and Title o3` the Offic CLCk 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 foregoing paragraph is true and correct. WITNESS my ha 6 and official s_al. HOLLY J. YOUNG Notary Public - California San Diego County Commission # 2179369 My Comm. Expires Feb 9, 2021 Place Notary Sea/ Above Signature OPTIONAL Tic 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: ❑ Corporate Officer — Title(s): E Partner — E Limited ❑ General E Individual ❑ Attorney in Fact ❑ Trustee - E Guardian or Conservator ❑ Other: Signer Is, Representing: Signer's Name: E Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other: Signer Is Representing: www ww�w cWc cC�cc<c(�CLZ_C._CCL_.�LCL�CCLCL_. ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" Public Access Easement THAT PORTION OF BLOCK 2 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 THAT PORTION OF PARCEL 2 OF RECEIVER'S DEED RECORDED APRIL 24, 2012 AS DOC # 2012-0237969, LYING EASTERLY OF AND ADJACENT TO "A" AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING 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 NORTHERLY LINE 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, 155.07 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 2, AND EASTERLY LINE OF SAID "A" AVENUE, SOUTH 18°57'14" EAST 63.34 FEET, TO A POINT OF A NON -TANGENT CURVE WITH A RADIUS OF 38.5 FEET CONCAVE WESTERLY, HAVING A RADIAL BEARING OF SOUTH 53°36'53" EAST; THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 110°40'42", A DISTANCE OF 74.37 FEET, TO A POINT ON SAID WESTERLY LINE OF SAID BLOCK 2, AND EASTERLY LINE OF SAID "A" AVENUE AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 738.25 SQUARE FEET (0.017 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 40.00' N18"57'14" 10.00' EXHIBIT "B" APN: 562-160-05 A=110'40'42" R=38.50' NS3`3g • 31.26 - L= 74.37' S3 w,OR N18"57'14"W TPOB� ��� 155.07' —ti N18 57'14"W • N70'54'56"E PUBLIC ACCESS 40.00' EASEMENT (0.017 AC) N18'57'14"W 63.34' PT. OF COMMENCEMENT A AVENUE SCALE 1"=50' EASEMENT EXHIBIT OF 2800 BLOCK OF 'A' AVE NATIONAL CITY, CA 91950 kit Vila,. KAPPA SURVEYING & ENGINEERING, INC. 8707 LA MESA BOULEVARD, LA MESA, CA 91942 (619) 465-8948 FAX: (619) 465-6410 Job No.: 319517 P/at Date: 4/18/18 Drafter: CG Allen R A. Turner III, PIS RESOLUTION NO. 2018 — 128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN PUBLIC ACCESS 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 provide vehicular traffic on "A" Avenue (south of the portion to be vacated), a cul-de-sac is necessary to allow vehicles a place to turn around; and WHEREAS, to accommodate the cul-de-sac, Gen3Properties Two, LLC is providing a Public Access Easement on that portion of property on which the cul-de-sac will be constructed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Public Access Easement for that portion of "A" Avenue Tying 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. Albert Mendivil, Vic Mayor For Ron Morrison, Mayor ATTEST: Michael R. D'Ila, ity Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney- By: Nicole Pedone Acting City Attorney 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. 2018-128 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. 11 EM TITLE: Resolution of the City Council of the City of National City accepting a Public Access 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: Engin i,a� • Public Works 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. To provide vehicular traffic on "A" Avenue (south of the portion to be vacated), a cul-de-sac is necessary to provide vehicles a place to turn around. To accommodate the cul-de-sac Gen3Properties Two, LLC is providing a Public Access Easement on that portion of property on which the cul-de-sac will be constructed. 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. Grant Deed -Public Access Easement 2. Resolution ✓ .w/u-6:5‘ 71.0. 2o►X-'2� 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 - PUBLIC ACCESS EASEMENT J.O. NO: ASSESSOR'S PARCEL NO: 562 — I (00 — OS- 0 6 DWG NO: NO DOCUMENT TAX DUE R & T CODE 11922 NO FEE FOR GOVT. AGENCY GOVERNMENT CODE 27383 Ot For valuable consideration, receipt of which is hereby acknowledged, L 3 14I 4td'"1%< CL e. HEREBY GRANT(S) AND DEDICATES to public use, to the City of National City, a municipal corporation, in the County of San Diego, State of California, a permanent easement and right-of-way for public access, and incidents and appurtenances thereto, over, under, along and across all that real property in the City of National City, County of San Diego, State of California, described as follows: Date: Grantor: Gen3 Proper�j£s , LL . 0 National City Blvd National City CA 91950 By: (signature) See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes (type or print name) Q' t.R ?aB chi4" 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- • V-ii1 T "A" Public Access Easement THAT PORTION OF 'A" AVENUE IN 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF THE 80.00 FOOT WIDE 'A' AVENUE, SAID POINT BEING THE INTERSECTION OF SAID CENTERUNE,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 NORTHERLY UNE NORTI-I 70°54'42" EAST, 40.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE SOUTHERLY ALONG THE WESTERLY UNE OF SAID BLOCK 2, BEING ALSO THE EASTERLY LINE OF SAID "A' AVENUE, SOUTH 18°57'09° EAST, 249B8 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°56'15* WEST, 80.00 TO THE TRUE POINT mor THENCE LEAVING SAID WESTERLY PROLONGATION OF SAID SOUTHERLY UNE, NORTH 18°57'09" WEST, 83.07 FEET TO A POINT OF A TANGENT CURVE HAVING A RADIAL BEARING OF NORTH 71 °02'51' EAST; THENCE NORTHERLY AND EASTERLY ALONG SAID TANGENT CURVE HAVING A RADIUS OF 38.00 FEET CONCAVE SOLITa-HERLy, THROUGH A CENTRAL ANGLE OF 239°32'45". A DISTANCE OF 158.87 FEET, TO A POINT OF A TANGENT REVERSE. CURVE; THENCE SOUTHERLY ALONG A TANGENT CURVE HAVING A RADIAL BEARING OF -NORTH 49°24'241' WEST AND A RADIUS OF 35.00 FEET CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 59°39'21', A DISTANCE OF 36.44 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID BLOCK 2: THENCE WESTERLY ALONG SAID WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2, SOUTH 70°50'15" WEST, 40.00 FEET TO THE 7RUe POINT OF BEGINNING. SAID PARCEL CONTAINS 5941.7 SQUARE FEET (0.138 ACRES), MORE OR LESS. FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND 1S NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED 1N 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: -- : ' ^, » r = - - ; date: June 13, 2018 Allen R. A, Turner IRR, PLS Registration expires December 31, 2018 -3- 28TH STREET 40.00' Irt 0OK 2 ALA-0 1043 EXHIBIT "B" APN: 562-160-05 RE CM VER` B PARCa. 2 tt.=239632!45 R-39.00' L-158.8r Nuts -mew 249. 68' N70 58'154t 20s GO' itt �w•..T, yr . Nnt54,4rE PUBLIC ACCESS ,O00- EASEMENT PT OF A AVENUE COMMENCEASENT M'1 151'_ APN: 562-160-07 SCALE 1 - 400 0 R d47-14;73.7:°7314';.'' EASEMENT EXHIBIT OF 2800 BLOCK OF A' AVE NATICINAL. CITY, CA 91950 4� Jab 3495R7 Plot Dote: 6/15/18 KAPPA S = & DlKi�ERNGL NC. Drafter: u 1�1 !QA p 11Wt ONOiJGe (i9q 4IE-4418 CG 4 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN PUBLIC ACCESS 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 provide vehicular traffic on "A" Avenue (south of the portion to be vacated), a cul-de-sac is necessary to allow vehicles a place to turn around; and WHEREAS, to accommodate the cul-de-sac, Gen3Properties Two, LLC is providing a Public Access Easement on that portion of property on which the cul-de-sac will be constructed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Public Access 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 — PUBLIC ACCESS EASEMENT APN #562-160-05-00 Judy Hernandez (Engineering/Public Works) forwarded a copy of the Recorded Grant Deed to Gen3 Properties Two, LLC.