AGENDA
ITEM
17 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
17 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 4, 2023
TO: Mayor and City Council
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director PREPARED BY: la alomi, Pubio Works Manager Amnsating Talen Adopt a Resolution of the City Council of the City of Calexico Ratifying/ Authorizing the City Manager to Execute a Grant of Temporary Construction Easement and Certificate of Acceptance for a Portion of Assessor's Parcel Number 058-822-003 for the New River Improvement Project - Calexico Reach.
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Recommendation:
Adopt a Resolution of the City Council of the City of Calexico Ratifying/Authorizing the City Managerto Execute a Grant of Temporary Construction Easement and Certificate of Acceptance for a Portion of Assessor's Parcel Number 058-822-003 for the New River Improvement Project - Calexico Reach.
Background:
On February 15, 2023, the City Council of the City of Calexico awarded Mountain Cascade, Inc. the bid for construction services of the New River Improvement Project - Calexico Reach. The Project consists of three primary construction components:
Trash screen and diversion structure for the New River downstream from the International Boundary with Mexico.
Bypass encasement infrastructure for the New River from a point downstream of the International Boundary to a point downstream of the eastern boundary of the City of Calexico to address the public health threat that new River water quality poses to the southern area of the city.
3. A pump-back system to take treated wastewater from the existing Calexico Waste Water Treatment Plant (WWTP) and discharge it into the New River channel at a point near the proposed river diversion and encasement structure.
Discussion & Analysis:
Fod par maries public impaneires a ace properly property that are in guided to contrace. acceptance by the City Councit or an authorized agent prior to recordation with the County Recorder. The City Council may authorize an officer or agent, in this instance, the City Manager, to accept the property interests on its behalf. This procedure is provided for in Government Code section 27281, which states that: "A public corporation or governmental agency, by a general resolution, may authorize one or more officers or agents to accept and consent to such deeds or grants." The adoption of a resolution authorizing the City Manager to execute a Certificate of Acceptance will expedite the recordation of the interests to be acquired on behalf of the City.
Fiscal Impact:
No fiscal impact at this time.
Coordinated With:
City Attorney's Office.
City Manager's Office.
Public Works Department.
Attachments):
1. Resolution of the City Council of the City of Calexico Authorizing the City Manager to Execute a Grant of Temporary Construction Easement and Certificate of Acceptance for a Portion of Assessor's Parcel Number 058-822-003 for the New River Improvement Project - Calexico Reach.
2 RESOLUTION NO. 2023-—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY
CONSTRUCTION EASEMENT AND CERTIFICATE OF ACCEPTANCE PORTION OF ASSESSOR'S PARCEL NUMBERS 058-822-003 FOR NEW RIVER IMPROVEMENT
PROJECT - CALEXICO REACH
WHEREAS, the City is authorized to acquire property to construct public streets within the City of Calexico pursuant to Government Code section 40404; and WHEREAS, Corsair, LLC. ("Owner") is the owner of the Subject Property; and WHEREAS, Government Code section 27281 requires a city to execute a Certificate of Acceptance for the recordation of any interest being accepted by the City; and WHEREAS, Government Code section 27281 allows a City Council to adopt a Resolution authorizing the execution of a Certificate of Acceptance on its behalf; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Calexico hereby consents to the City's execution of the Grant of Temporary Construction Easement and Certificate of Acceptance with Cosair, LLC. for the Subject Property for the Project, a copy of which is attached hereto as Exhibit A, in accordance with Government Code section 27281.
PASSED, APPROVED AND ADOPTED this 4th day of October, 2023.
Raul Ureña, Mayor
Attest:
Veronica Alvarado, Interim City Clerk
Approved as to Form:
Carlos Campos, City Attorney
State of California)
Resolution No. 2023-_
County of Imperial) ss.
City of Calexico
1, Veronica Alvarado, Interim City Clerk of the City of Calexico, California do hereby certify that above and foregoing Resolution No. 2023- was duly passed, approved and adopted by the City Council at its regular meeting held on the 19'h day of September, 2023 by the following vote to-wit:
AYES:
NOES:
ABSENT:
Veronica Alvarado, Interim City Clerk
RECORDING REQUESTED BY:
CITY OF CALEXICO
Attn: City Clerk
608 Heber Avenue
Calexico, California 92231
WHEN RECORDED MAIL TO:
CITY OF CALEXICO
Attn: City Clerk
608 Heber Avenue
Calexico, California 92231
Portion APN 058-822-003 EXEMPT FROM RECORDING FEE PER GOVT. CODE § 27383 NO DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE $ 11922
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Cosair, LLC, a California limited liability company (hereinafter referred to as "Grantor"), is the owner in fee of certain real property located in the City of Calexico, County of Imperial, State of California, more fully described in EXHIBIT A attached hereto (hereinafter referred to as the "Property").
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor does hereby GRANTS and CONVEYS to CITY OF CALEXICO, a California municipal corporation (hereinafter referred to as "Grantee"), its successors and assigns, Temporary and Non-Exclusive Construction Easement. A temporary and non-exclusive construction easement and right-of-way (hereinafter referred to as the "Temporary Construction Easement"), over, on, under, in, across, along and through that certain portion of the Property more fully described and depicted as in EXHIBIT B attached hereto (hereinafter referred to as the "Temporary Construction Easement Parcel") for the purpose of allowing all activities as may be necessary to facilitate the purposes of the New River Project (hereinafter referred to as the "Project").
Grantor covenants, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Property or any part thereof, that Grantor shall not, without the prior express written consent of Grantee, erect, place, maintain, or undertake any other activity which nay interfere with the use of the Temporary Construction Easement; nor permit the erection lacement, maintenance, or undertaking of any other activity which may interfere with the use o the Temporary Construction Easement, including, without limitation, the erection of any building, wall, fence, or other structure within the Temporary Construction Easement Parcel The Temporary Construction Easement shall include, without limitation, the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontrators, and 1 23152.06329\41648919.1
workmen to: (i) perform all activities as may be necessary to facilitate the purposes of the Temporary Construction Easement; (i) use, control and occupy the Temporary Construction Easement Parcel; (iii have access to, ingress to, and egress from the Temporary Construction Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery, and materials on the Temporary Construction Easement Parcel; and (v) trim, cut, remove, or clear away any trees, brush, or other vegetation or flora, including the roots thereof, located within the Temporary Construction Easement Parcel.
The Temporary Construction Easement shall exist for twenty-four (24) months from the commencement of construction unless it is sooner superseded by a lot line adjustment that will convey the Temporary Construction Easement Parcel from the Grantor to the Grantee. Upon such conveyance, the then-owners of record of the Temporary Construction Easement Parcel shall have the right to receive from Grantee a duly executed and acknowledged instrument in writing whereby Grantee quitclaims or otherwise conveys its interest in any portion of the Temporary Construction Easement that is not conveyed to the then-owners of record of the Temporary Construction Easement Parcel, and may cause same to be recorded in Official Records of Imperial County, California.
The covenants contained herein shall run with the land.
All Exhibits attached hereto are incorporated herein by reference.
Notwithstanding the foregoing, Grantee retains the right to use the surface of the Temporary Construction Easement Parcel for any purpose that does not interfere with the Project, the Temporary Construction Easement and all rights and privileges thereof.
This Grant shall inure to the benefit of and be binding upon the Grantor and Grantee and their respective assigns, heirs and voluntary and involuntary successors in interest.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed as of the date set forth below.
Dated: 15.2023 GRANTOR:
CORSAIR, LLE
By: Sancam, Inc., its Managing Member
By:
Mark Gabay
Its: President
2 23152.06329\41648919.1
NOTARY ACKNOWLEDGMENT
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On - 2023 before me, _ notary public,
personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
See artached Certiticate
Signature of Notary Public
ATTACHED TO: GRANT OF TEMPORARY CONSTRUCTION
EASEMENT [Portion APN 058-822-003]
NOTARY ACKNOWLEDGMENT
23152.06329141648919.1
ACKNOWLEDGMENT
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
State of California
County of Los Angeles
on September 15*, 2023 before m.. Masis Vartanian,a Notary Public (insert name and title of the officer)
personally appeared lark Gabay
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/shé/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.
MASIS VARTANIAN
WITNESS my hand and official seal. Notary Public - California Los Angeles County
Commission # 2414250
My Comm. Expires Aug 30, 2026
Signature (Seal)
EXHIBIT A TO
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Legal Description of the Property
EXHIBIT A
23152.06329\41648919.1
EXHIBIT B TO
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Legal Descriptions and Depictions of
Temporary Construction Easement Parcel
EXHIBIT B
23152.06329\41648919.1
CITY OF CALEXICO
CERTIFICATE OF ACCEPTANCE OF
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Certificate of Acceptance pertains to the interest in real property conveyed , 2023 ("Grant") and
ty which his Criticate ar ACcepace is atachen dared
from: CORSAIR, LLC ("Grantor"),
to: CITY OF CALEXICO, a California municipal
corporation ("Grantee")
Said Grant is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of said Grant.
Dated: CITY OF CALEXICO,
-
a California municipal corporation
By:
Esperanza Colio Warren
Its: City Manager
ATTEST:
City Clerk
23152.06329\41648919.1
EXHIBIT "A"
EASEMENT AREA
LEGAL DESCRIPTION:
THAT PORTION OF PARCEL 3 OF THE CALEXICO AIRPORT INDUSTRIAL PARK UNIT NO.1, IN THE
CITY OF CALEXICO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ACCORDING TO THE MAP ON FILE IN BOOK 16, PAGE 82 OF FINAL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF IMPERIAL COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH 00°03'39" EAST 64.21 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL 3, SOUTH 89°56'21" WEST 55.11 FEET; THENCE NORTH 73°52'53" WEST 184.71 FEET;
THENCE NORTH 54°19'24" WEST 382.21 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 3, NORTH 21°57'58" EAST 69.48 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3, SOUTH 62°01'51" EAST 585.46 FEET TO THE POINT OF BEGINNING.;
SAID PARCEL CONTAINS 1.31 ACRES (57,033.82 SQ.FT) OF LAND, MORE OR LESS.
THIS LEGAL DESCRIPTION ENTITLED "EXHIBIT A" AND THE PLAT ATTACHED HERETO DESIGNATED EXHIBIT "B" WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.
DATE: : 9/18/23
DAVID BELTRAN, PLS 8482,
LICENSE EXP. 12/31/2024
CENSED DAVID
TRAN
No. 8482
EXP. 12-31-24
STATE
a16123
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EXHIBIT "B"
- NEW.
- RIVER.
PARCEL 4
F.M. 16-82
-NW COR APN 058-822-002 APN 058-180-021
PAR 3
--
21558E 310.21' R1 S62°01'51"E 585.46' R1
N54°19'24"W NE COR
382.21 PAR 3
N88°48'47"E
185.78' R1
N735253 W
PARCEL 3 184.71'
AREA = 7.87 AC.
S17113 F.M. 16-82 S89°56'21"W
282.42' R1 310.46 R1
APN 058-822-003 55.11'
N88°5145 W 904.63 R1 APN 058-180.021
PARCEL 2
F.M. 16-82
APN 058-822•004
LAND
LEGEND: CENTEN SURVEYOR
PARCEL LINE DAVID
No. 8482
NEW RIVER CENTERLINE (APPROX)
EXP. 12-3I-24
853XXXXX PROPOSED EASEMENT AREA (AREA = 1.31AC.)
CALDEN
RECORD DATA PER FM 16-82
2al1s123 SCALE 1150'
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