HomeMy WebLinkAboutCC RESO 91-116RESOLUTION NO. 91-116
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING AND AUTHORIZING RECORDATION
OF AN ENCROACHMENT AGREEMENT FOR IN-N-OUT BURGER, INC.
AT 2444 SOUTHPORT WAY
(A.P.N. 562-340-45)
WHEREAS, on June 11, 1991, the matter of an
encroachment permit was presented to the City Council by the
applicant In-N-Out Burger, Inc., for construction of a
retaining wall on top of an existing quadruple box culvert
which is located within a City drainage easement, at 2444
Southport Way; and
WHEREAS, the City Council has received the report
and recommendation of the Engineering Department; and
WHEREAS, the applicant has executed an Encroachment
Agreement with the City of National City promising to comply
with all requirements of the Planning and Engineering
Departments of the City of National City;
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby adopts that certain document entitled "Encroachment
Agreement," executed by In-N-Out Burgers, and directs the City
Clerk to record the same.
ATTEST:
PASSED and ADOPTED this llth day of June, 1991.
•
Lo]i Anne Peoples, Citr Clerk
APPROVED AS TO FORM:
Geotge H. Eiser, III
City Attorney
/+ GeorgWaters, Mayor
of:
ENCROACHMENT AGR1031=
In accordance with the action by the City Council, the undersigned, the owner
IN-N-OUT BURGER, INC. (LEASEE; PERMITEE)
2444 SOUTHPORT WAY
NATIONAL CITY, CALIFORNIA 91950 A.Y.B. 562-340-45
in the City of National City, County of San Diego, State of California, in
oonsideratien of the grant of permlesion by the City of National City to maintain a
building or other immure within a City Easement or rights -of -way for the w and
-benefit of owner's ero0erty and adjacent lands, eevenanta and agrees with the City of
National City as follows:
(1) Upon notification in writing by the City Engineer, the above described building or
structure shall be abandoned, removed or relocated by the OWNER.
(I) The said building or structure ahaU be maintained to a safe and sanitary condition
at the sole cost, risk and responsibility of OWNER and mteetissre in interest, who
aball hold the City harmless with respect thereto.
(1) This assignment is made for the direct benefit of OWNER'S land above described
and the oovenanu herein contained shall run with add land and shall be binding
on the assigns and successors of OWNER. Should OWNER or his auoosuon fail
to remove -or relocate the building or structure herein permitted within thirty
(30) days after notice of removal or relocation, Clty may sate such removal or
relocation to be done and the out thereof shall Hen upon said land.
(4) OWNERS may, at their option and subject to approval by the City Engineer,
reconstruct the existing sewer and/or drainage facilities to a new elevation end
location, in lieu of abandoning, removing or relocating subject building or other
structure.
(6) At all times during which OWNER maintains the enereaehment 1n the public
easement or right-of-way, OWNER shall maintain in full force and effect a policy
of public liability insurance covering any and all claims for injuries to persons or
damage to property arising from said encroachment, with combined single limits
of Three Hundred Thousand and No/100ths Dollars ($300,000.00) per occurrence
for bodily injury, alcluem and disease, including death resulting therefrom, and
Three Nundred Thousand and No/100ths Dollars (8300,000.000 for claims for
property damage. The City of National City shall be an additional insured
under said Policy of Sneuranee.
(6) The policy of insurance so obtained shall contain a eeetractual liability
endorsement covering the liability assumed by this Agreement, and shall contain a
provision that such policy may sot be cancelled nor the amount of coverage
reduced except after thirty (30) days' written notice to the City of National
City. Certificates evidencing such lnsuranee °overage shall be filed with the
City.
PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS
OR BIGHTS -OP -WAY AND SEWER AND/OR DRAINAGE FACILITIES:
SEE ATTACKED EXHIBIT "A" FOR PLAN AND EXHIBIT "B" POR PROFILE OE PROPOSED WALL IN
EASEMENT AREA.
p G'
AID 1 FENCE
GATE
EXHIBIT "A"
•
PAVEMENT
POSED
ff("e
PAPcEi . :y* ``' P.ARCEL MAP 194I
PROPOSED RETAINING WMJ.
WITH G' NIGH CHAT LIN
FENCE ON TOP
I17."
N17-43'34• 1
SAN DIEGO AND ARIZONA EASTERN RAILROAD
(CURRENTLY M.T.D.s. RED CAR TROLLEY)
73.94'
248.47'
a-
5-
0-
i
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AT minx T/I VOX
t,. NIVINIES
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EXHIBIT "B"
AO' WIDE
DRAINAGE EASEMENT
RETAINING WALL PROFILE
NOT TO SCALE
NEu TO GRAMM AND SRAM= PLAN FOR II-N-OOT EDECER ON FILE II THE OM
sectimunte WARTI= FOR ADDITIONAL CONS'1ROCTIOI DETAILS OF RETAINING DIAL .
ENCROACHMENT INTO CUT DRAINAGE EASEMENT.
• lR1a�
RROR7 RLL 10711M
Dated (.4A7 ,;1..Ys (m/
Ll1eI� ro p e ON
(5i a e O ner
STATE OF CALIFORNIA
County of ism-Di-C.e s /1•0•l4-•
On / " c-1 2. 4 194j4, before me, the undersigned, a Notary Public in
and for.said State, personally appeared Pk-. i - l0. e,3rt-
Iman to me to be the person whose name i 3 subscribed
to the within instrument, and aclmoa]odged to me that —a rF $4605-
executed same.
Witness Tyr Hand and
Ct•
ficial Seal
OFFlCIAL SEAL
ROGER L KOTCH
�iS •. NOTARY ►OILIC.GLwORNIA
MIMCI AL Orr.Cr /v
I.M *•'WI K rrt•.....
*Ay Cwm iss••• Ent rs Aug. 87. lssl
Assessors Office No.
(FOR RECORDERS USE ONLY)