HomeMy WebLinkAboutCC RESO 2010-199RESOLUTION NO. 2010 - 199
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY
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 STREET ENCROACHMENTS
INTO PORTIONS OF D AVENUE, EAST 8TH STREET,
EAST 9TH STREET, AND THE ADJACENT ALLEY
WHILE THE PARTIES NEGOTIATE TERMS FOR
THE FINAL RESOLUTION OF PROPERTY INTERESTS
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 the City's reserved right-of-way on D Avenue, East 8th Street, East 9th Street,
and the adjacent alley; and
WHEREAS, the encroachments do not require immediate removal at this time,
however, because they do project into the City's right-of-way, an Encroachment Agreement is
required pursuant to Chapter 13.12 of the National City Municipal Code; and
WHEREAS, the City is negotiating the sale of either an easement or fee title,
therefore, a temporary Encroachment Agreement promising to comply with all requirements of
the City of National City has been executed by the Property Owners while that negotiation
occurs; and
WHEREAS, this temporary Encroachment Agreement shall terminate and be of
no further force and effect once the sale is complete and either an easement and/or boundary
line adjustment is recorded, or if final negotiated purchase and sale agreement and close of
escrow is not accomplished, the City may terminate the temporary Encroachment Agreement
and pursue all of its available legal remedies with regard to the various encroachments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Manager to execute a temporary Encroachment
Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital
Corporation, property owners of 819 D Avenue, for the existing street encroachments into
portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley while the parties
negotiate terms for the final resolution of property interests. Said temporary Encroachment
Agreement is on file in the office of the City Clerk.
--- Signature Page to Follow ---
Resolution No. 2010 — 199
Page 2
PASSED and ADOPTED this 7th day of September 10.
orrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
AP' ROVE AS TO FORM:
.,u1��
'audia'e. �c� Iva
City Attor
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 Clrk 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. 2010-199 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