HomeMy WebLinkAboutCC RESO 2008-13RESOLUTION NO. 2008 — 13
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
AND AUTHORIZING THE RECORDATION OF
AN ENCROACHMENT AGREEMENT WITH
PACIFICA HARBOR VIEW TWO, LP FOR
THE INSTALLATION OF A PEDESTRIAN BRIDGE
BETWEEN 701 AND 801 NATIONAL CITY BOULEVARD
OVER AND ACROSS EAST 8TH STREET
WHEREAS, Pacifica Harbor View Two, LP has proposed a pedestrian bridge
linking the parking structure located at 701 National City Boulevard with the Bayview Tower
condominium building located at 801 National City Boulevard; and
WHEREAS, the pedestrian bridge will cross over and above East 8th Street from
the third deck of the parking structure to the third floor of the condominium building; and
WHEREAS, Pacifica Harbor View Two, LP is requesting that the City enter into
an encroachment agreement for an area ten feet in width within the public right-of-way known
as East 8th Street, approximately 80.94 feet in length for the installation and maintenance of the
pedestrian bridge; and
WHEREAS, Pacifica Harbor View Two, LP has executed an Encroachment
Agreement promising to comply with all requirements of the City of National City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby accepts that certain document entitled "Encroachment Agreement"
executed by Pacifica Harbor View Two, LP, attached hereto as Attachment 1, and incorporated
herein by reference, and directs the City Clerk to record the same.
PASSED and ADOPTED this 22nd day of January, 2008
�f _
Ron Morn , ayor
ATTEST:
*4L42/LI
MicR. Dalla,rk
APPROVED AS TO FORM:
George H. iser, III
City Attorney
ATTACHMENT I
FEE: $320.00
ENCROACHMENT PERMIT AND AGREEMENT
The City Of National City hereby grants an Encroachment Permit to the undersigned,
1�kc� t-Lr �i ew 1 ', L P (hereinafter referred to as "OWNER") in accordance with
and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City
Municipal Code.
The OWNER is the owner of that certain real property described in the attached Exhibit
"A", or is an owner of personal property that is proposed to be installed in the public right
of way or other public property of the City of National City, County of San Diego, State
of California. The OWNER, in consideration of this grant of permission by the City of
National City (hereinafter referred to as "CITY") to install and maintain certain personal
property or a building, facility or other structure (hereafter designated from time to time
as an "encroachment") within or upon a CITY easement, property or right-of-way for the
use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as
follows:
The site of installation and any description of OWNER'S encroachment is described in
EXHIBIT B, attached.
The terms and conditions under which the encroachment is to be installed and maintained
are as follows:
1. Upon notification in writing by City's City Engineer, the above
described encroachment shall be removed or relocated at the CITY's
expense.
2. The said encroachment shall be maintained in a safe and sanitary
condition at all times at the sole cost, risk and responsibility of OWNER
and any successor in interest, who shall hold CITY harmless with respect
thereto.
3. This permit and agreement, when made for the direct benefit of
Owner's land or property above described, and the covenants herein
contained shall run with said land and shall be binding on the assigns and
successors of OWNER. Should OWNER or its successors fail to
maintains the encroachment in a safe and sanitary condition within thirty
(30) days after notice from the City, CITY may cause such maintenance or
repairs to be done at Owner's sole cost and expense, which shall be a lien
upon said land. A copy of this encroachment agreement shall be recorded
against any real property of the owner's that is hereby benefited by the
encroachment.
4. OWNER, or assign shall furnish the CITY with a faithful
performance bond as security for the prompt completion of installation,
Attachment 1
including subsequent street resurfacing and restriping, in order to install
the encroachment.
5. OWNER shall indemnify, defend, and hold harmless CITY, and its
officers, agents and employees from all liability, loss, costs, claims,
demands, suits, and defense costs, including attorneys' fees, arising out of
Owner's entry upon and use of City's easement or right-of-way for the
installation, maintenance and use of the owner's encroachment..
6. OWNER and each successor in interest or assign shall take out and
maintain, during the time the encroachment remains on City's easement or
right-of-way, comprehensive general liability insurance with minimum
limits of One Million Dollars ($1,000,000.00) combined single limit per
occurrence, covering all bodily and property damage arising out of this
Agreement.
This policy shall name CITY and its officers, agents, and employees as
additional insured, and shall constitute primary insurance as to CITY and
its officers, agents and employees, so that any other policies held by CITY
shall not contribute to any loss under said insurance. Said policy shall
provide for thirty (30) days prior written notice to CITY of cancellation or
material change. Prior to commencement of this Agreement, OWNER
shall furnish CITY a certificate of insurance with original endorsements
evidencing the coverage required by this clause. Should owner fail to do
so, City may elect to obtain such coverage at OWNER'S expense or
immediately terminate this agreement.
7. The full terms and conditions under which this encroachment
permit is issued are further set forth in Chapter 13.12 of the National City
Municipal Code, which terms OWNER hereby specifically acknowledges
and agrees to. Owner also acknowledges that those terms and conditions
include, without limitation, the following:
a. The City reserves the right to charge the Owner "fair and
reasonable" compensation for the use of City property retroactive to the
date of construction or installation of the encroachment.
b. The CITY can require the removal or relocation of the
encroachment when deemed necessary and feasible by and in the sole
discretion of the City Engineer at CITY's expense.
8. This encroachment Permit is not valid and confers no rights to
install and maintain an encroachment until it is accepted by the Owner.
FOR TH
Name:
Title: _���.
.1Y CIE -NATIONAL CITY
AGREED AND ACCEPTED:
Dated: / //c//A/
Person in Responsible Charge
(Print Name)
24 hr. Phone Number
rt4+/1/L
Firm Name
OWNER/APPIICANT
nted Name & Signature
Printed Name & Signature
/')/6.. 91//0
Maili Address
Phone Number
. Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JS:jha2III
PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES,
EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE
FACILITIES: SEE EXHIBIT "B" ATTACHED
Title or Type of Document:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
\ •
County of
On 1/W.a 41' L to .
Dati
personally appeared
before me,
}
Here Inserthame and Tote of °a ccr
— /t
Name?) of Signer
UNICA> ON
Commissions 1466607
Notary Public - Coisornta
San Diego County
My Comm. Eg)lres Jan 29. 2008
Place Notary Seal Abu.
who proved to me on the basis of satisfactory evidence to
be the person(4 whose name($ is/are subscribed to the
within instrument and acknowledged to me that
he/shPithey executed the same in his/hw their authorized
capacity(ies), and that by his/heNtheir signature(a'f on the
instrument the person(g', or the entity upon behalf of
which the person(s'f 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 rdy hand arrd-official seal.
SignaturJ
OPTIONAL
Signature of Notary Public
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 Document
/? /ut:,(�'/fJ,i�/'L��i�irf !"•'1(r 1-19trean'(ri.Lf.._
Document Date: Number of Pages:.
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: epGte__.'L�/61 /t t
LJ Individual <
9--Corporate Officer — Title(s): )t- C 0 �G'
❑ Partner — I.! Limited 1.1 General
Li Attorney in Fact
❑ Trustee
rl Guardian or Conservator
Li Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNLH
Top o' thump here
Signer's Name:
1-7 Individual
i J Corporate Officer — Title(s):
Partner — Li Limited G General
n Attorney in Fact
J Trustee
G Guardian or Conservator
J Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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EXHIBIT A
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S.i`D•
II NOT( BDUOI CHORDS ONLY ARC SHOWN
C\ PLAN VIEW
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CPA VIER/
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FOR APPROVAL
NO S 323f,
oc ExD. 3 31.09
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BA/MEM TDSYER
REDES'RIAH [RCM:.
CAL%OR'cn
ANCHOR HO LAYOUT
FOR STEEL EASE
.125l-B
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EXHIBIT A
LEGAL DESCRIPTION
BAYVIEW PEDESTRIAN BRIDGE LYING WITHIN
EIGHTH STREET, NATIONAL CITY, CALIFORNIA
A 10.00 FOOT WIDE EASEMENT LYING WITHIN THE PUBLIC RIGHT OF WAY
KNOWN AS EIGHTH STREET BETWEEN BLOCK I OF PINNEYS SUBDIVISION
ACCORDING TO MAP THEREOF NO. 77, AND BLOCK I OF PARSONS
ADDITION ACCORDING TO MAP THEREOF NO. 57, BOTH IN THE CITY OF
NATIONAL CTiY, COUNTY OF SAN DIECK), STATE OF CALIFORNIA, BOTH
ACCORDING TO MAPS THEREOF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. THE CENTERLINE OF SAID EASEMENT BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK I OF SAID
MAP NO. 77; THENCE ALONG THE SOUTHERLY LINE OF SAID BLOCK 1
N 72' 02' 34" E 23.99 FEET TO THE ZR(/E POINT 9F BB(iINNING; THENCE
SOUTH 09° 1.2' 17" EAST 80.94 FEET TO A POINT ON THE NORTHERLY LINE
OF SAID BLOCK NO. 1 OF SAID MAP NO 57 THAT BEARS N 72° 02' 34" E 11.99
FEET FROM THE MOST WESTERLY CORNER OF SAID BLOCK NO. I OF SAID
MAP NO. 57.
THE SIDELINES OF SAID 10-FOOT WIDE EASEMENT SHALL BE LENGTHEN
OR SHORTEN SO AS TO TERMINATE ON THE SOUTHERLY LINE OF SAID
BLOCK 1 OF SAID MAP NO. 77, AND THE NORTHERLY LINE OF SAID BLOCK
I OF SAID MAP NO. 57
DATED
EXHIBIT B
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BAYVIEW TOWER
PROPOSED PEDESTRIAN BRIDGE
701 & 801 NATIONAL CITY BLVD.
NATIONAL CITY, CALIFORNIA
EX I
burkett OAA
& wong
engineers - & surveyors
3434 fourth ave. son diego ca.
103— 04 * (6i9) 299-5550
R LS 4307 DATE
Lommercial
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Insuredcerermorn
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30495 Caswood Seduce tt204
• Agoura Bilk. CA 91301
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of information only and confers no tights
catl4ate dues no: anent emend or alto the
Providing Coverage
trourn cc Exclunat
xchange
Exchange
-Century Instruct Company
. Bay View Towers Maintenance
• carnation
• 801 National City Blvt
• Natiowtl City, CA 91930
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603879215
•
09/01/2007.
09e012008
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S 1.00 ,300
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$ 75.000
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MI Oinsed C�ortmaerchl
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Debility
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WoritttS' Coepensetioa
and
Employers' tiniik�r
y r
Ends Aerident
Libelee ' '
Deese - Policy lbmtr
1
Y
d
DesaiplianofOperatlotuNegittesflt stlictlans/5peefal hertts:
Fidelity coverage alio included at S250,000.
Certificate Holder Cancellation
. City of National City Shedd an of the abuse driettletd policies be cancelled before the dungeon date
Name • 1243 National City Blvd. Mara. she ham* me endows to malt 'i0 dvs written notice to the
& • NatioaalCity. CA9!gill catifatelsolderrmmdtothe ids.t rfailureromail,.r►n.,•e.a.ne.�..,......
Address •
la 24•e 4.}i
obligation or y d arty land upon the company. Its agents or remeseniaims.
Anthottted Reinsentlele
Copy Distribution: SksitterCdp{apl A CS Gapy
Passed and adopted by the Council of the City of National City, California, on January
22, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Ungab, Zarate.
Nays: None.
Absent: Councilmember Natividad.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
Cityleil OIL
erk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-13 of the City of National City, California, passed and adopted
by the Council of said City on January 22, 2008.
City Clerk of the City of National City, California
By:
Deputy