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HomeMy WebLinkAboutCC RESO 2008-150RESOLUTION NO. 2008 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT PERMIT AND AGREEMENT WITH ROSALIE ZARATE FOR AN EXISTING BLOCKWALL FENCE LOCATED AT 1734 EAST 12TH STREET WHEREAS, Mrs. Rosalie Zarate recently became aware that the existing blockwall fence on her property located at 1734 East 12th Street is encroaching on the public right-of-way by two feet; and WHEREAS, Mrs. Zarate has executed an Encroachment Permit and 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 Permit and Agreement" executed by Rosalie Zarate, attached hereto as Attachment 1, and incorporated herein by reference, and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of August, 2008 on Morrison, Mayor ATTEST: Michael R. Dall. , City Clerk APPROVED AS TO FORM: .00 ga„. George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 5, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California f: City • erk of the ity 'National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-150 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2008. City Clerk of the City of National City, California By: Deputy FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of National City ("CITY") hereby grants an Encroachment Permit to the undersigned, ROSALIE ZARATE ("OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A" and located in 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 to maintain certain personal property 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: OWNER has existing front yard walls encroaching two feet (2') from the OWNER'S property line into the public right-of-way, described as "existing blockwall encroaching the public right- of-way" and shown on EXHIBIT B, attached and incorporated herein (the "encroachment"). The terms and conditions under which the encroachment is to be maintained are as follows: 1. Upon notification in writing by CITY'S City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the OWNER'S sole expense. 2. Said encroachment shall be maintained in a safe, structurally stable, 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 remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation 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. The existing front yard walls that are encroaching two (2) feet from the OWNER'S property line to the public right-of-way, as shown on EXHIBIT B (i.e., the encroachment), shall be maintained free of graffiti. Graffiti shall be removed within 24 hours of its observance. 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, for any injury to person or property, including death, arising out of the maintenance, construction, or use of the 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, a policy of liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and property damage arising out of this Agreement. 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, a policy of liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds or additional interested parties, and shall constitute primary insurance as to the 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 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. 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. CITY can require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at OWNER'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. AGREED AND ACCEPTED: CITY OF NATIONAL CITY OWNER/APPLICANT MARYAM BABAKI City Engineer Dated: --7/ 1-/O' {. R • SALIE ZARA Owner MAILING ADDRESS: 1730 East 12th Street National City, CA 91950-3718 Attach notary certification for Owner's signature. Use current legal California All Purpose Notary Acknowledgement only. LEGAL DESCRIPTION: THE SOUTHERLY 2 FEET OF THE NORTHERLY 30 FEET OF THE EASTERLY 64 FEET OF THE WESTERLY 662.59 FEET OF THE NORTHERLY 1/2 OF 80 ACRE LOT 2 OF 1/4 SECTION 129 OF RANCHO DE LA NACION IN THE CITY OF CITY NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO. N 1239 1311 PL4ZA 1315 1317 14 0 1313 4) 1 1104 1321 14TH STREET 1410 1432 w z w J a. 1027 11 th STREET 1109 I. m m n ry r.. 1113 1117 e V b h I 1723 n n 1121 12th STREET 5i b w D z w > Q C2 1035 03 b J m • BOULEVARD EXHIBIT "A" 1405 1411 1410 1417 1438 1441 1438 LU LLB �Q V / 1401 421 1433 142 1430 SHERYL LANE 1415 1427 Z rn rn 22,_6. fW”4N101 Y EXISTING ASPHALT N EXISTING, DRIVEWAY• fl i EXISTING BLOCKWALL 1 ENCROACHING THE PUBLIC RIGHT OF WAY EXHIBIT B PL 64' EXISTING BLOCKWALL EXISTING.StIDEWALK."' • •... 1734 E. 12TH STREET STREET CL EXISTING CURB & GUTTER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of II D i c 9 CD before me, Gr, . Q r e (L" AfLriztrt P j b c- Here Insert ante and Title of the Offi r e_ 2—Q ra Name(s) of Signer(s) On 7/ 4O es rr personally appeared } V. M. OIcORI Commissions 163111112 Noiary Public - *amnia San Paco Cary MirConn►.6fplmi Orc2IU Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person * -whose name4$ is/ape-subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ias), and that by bi&her/Sbeir signature($'on the instrument the person(.e}, or the entity upon behalf of which the persortys) 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 hand and official seal. Signature Signature ofi4otary Public OPTIONAL 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 Title or Type of Document: G/1C1" c r /Crag MIT 4 ee filen Document Date: Cr l a if 024) 00 Number of Pages: `7 1 (K E d' bt tS) Signer(s) Other Than Named Above: 1 l a rye/JD Baba k l Capacity(ies) Claimed by Signer(s) Signer's Name: OS6- 1; Z-a VIndividual Eli Corporate Officer — Title(s): 1 Partner — L.' Limited r! General L.! Attorney in Fact Trustee ] Guardian or Conservator [ ] Other: Signer Is Representing: 5P ( 4- Signer's Name: Li Individual Ell Corporate Officer — Title(s): `1 Partner —1 Limited Ll General Li Attorney in Fact [ Trustee i Guardian or Conservator U Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth. CA 91313-2402 • www.NationalNotaryorg ttem 95907 Reorder: CallToi-Free 1-800 876-6827 r•• ACORD, CERTIFICATE OF LIABILITY INSURANCE OATS W&(,DWYYYY) 07/14/2008 PRODUCER EASTWAY INSURANCE SERVICES 2127 VIA CAS CADITA SUITE G SAN CLEMENTE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. CA 92672 INSURERS AFFORDING COVERAGE NAIC # INSURED Rosalie Zarate 1734 B 12th St National City, CA 51950 INSURER A: Pacific Specialty Insurance Co. INSURER B' INSUP.ER C: INSURER D_ INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LINTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR SADD'L NSRQ TYPEDIEMURANCE POLICY NUMBER POLICY EFFECTIVE DATELPIATE=I POLICY EXPIRATION DATE /MMIDD,YYt LIR ITS GENERALUABIUTY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE RENTED PPREMISESISES (.a octxwence) $ CLAMS MADE 1 OCCUR MED EXP (My on. poison) $ PERSONAL d ADV INJURY $ GENERAL AGGREGATE $ Hj GERI 1 AGGREGATE LIMIT APPJES PER: PRODUCTS-COMP/CPAGG $ POLICY In T n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGE LIMIT (Ea aradant) BODLY INJURY (Per Pa.on) BODILY WARY (Per sodden() PROPERTY DANAGE (Per aoadent) S GARAGE LIABILITY ANYAUTO AUTO ONLY - EA AOCIOENT S _A ACC I OTHER THAN AUTO ONLY: AGO T A EXC4.SSAyN®RELLALIABILTTY OCCUR CLAIMS MACE DEDUCTIBLE RETENTION S NNR 0025146-01 06/12/2008 06/12/2009 S LACE $ i AGGREGATE I ^_ S CSL S 1,000,001] WORKERS COMPENSATION ANC EMPLOYERABIUTY S U ANY PROPRIETORA.ARTTIER.ETECUTIVE O^RCER/NEUBEREXCLUDED? II vac. descliee under SPECIAL PROVISIONS oebw WC STATU- 10TH- TORI(yNIT3ER r E.L. EACHACCIOENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S OTHER _ DESCRIPTION OF OPERATIONS I LOCATIONS: VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Excc olUabT.alla. 44.4bilLty Paid is full CERTIFICATE HOLDER CANCELLATION National City California 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TILE EXPIRAT)ON DATE THEREOF, THE ISSDNO INSURER WILL ETICEAVOR TO NAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL MPOSE NO OBLteATOON OR UABItITY OF ANY KNO UPON THE ➢ISURAR. ITS AGENTS OR REPRESENTATNES. AU TTaORIZIE) REAR ACORD 25 (2001108) 0 ACORD CORPORATION 1988