HomeMy WebLinkAboutCC RESO 2010-198RESOLUTION NO. 2010 — 198
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH N.C. APARTMENTS, LLC,
HARBOR VIEW ACQUISITION, LLC, AND VILLAGE CAPITAL
CORPORATION, PROPERTY OWNERS OF
THE HARBOR VIEW CONDOMINIUM PROJECT LOCATED AT
819 D AVENUE, FOR THE EXISTING AERIAL PROTRUSIONS
INTO AND ABOVE PORTIONS OF D AVENUE, EAST 8TH STREET,
EAST 9TH STREET, AND THE ADJACENT ALLEY
WHEREAS, the structure built on the property located at 819 D Avenue,
commonly known as the Harbor View Condominium Project and owned by N.C. Apartments,
LLC, Harbor View Acquisition, LLC, and Village Capital Corporation (Property Owners),
encroaches into and over the City's reserved right-of-way on D Avenue, East 8th Street, East
9th Street, and the adjacent alley; and
WHEREAS, an inspection of the site revealed that the encroachments do not
interfere with the free flow of vehicular or pedestrian traffic, and therefore, do not require
removal at this time, however, because they do project into the air space over the right-of-way,
an Encroachment Agreement is required pursuant to Chapter 13.12 of the National City
Municipal Code; and
WHEREAS, as required, the Property Owners have 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 authorizes the City Manager to execute an Encroachment Agreement with
N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property
owners of 819 D Avenue, for the existing aerial protrusions into and above portions of D
Avenue, East 8th Street, East 9th Street, and the adjacent alley. Said Encroachment Agreement
is on file in the office of the City Clerk.
PASSED and ADOPTED this 7th day of Septemye )2010.
on Morrison, Mayor
ATTEST:
d,t
c ael R. Della, City
Clerk
y
ROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on
September 7, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City C rk of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-198 of the City of National City, California, passed and
adopted by the Council of said City on September 7, 2010.
City Clerk of the City of National City, California
By:
Deputy