HomeMy WebLinkAboutExcroachment AgreementFEE: $490.00
ENCROACHMENT PERMIT AND AGREEMENT
(Commercial)
The City Of National City hereby grants an Encroachment Permit to the undersigned, RON BAKER
CHEVROLET ( 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.
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 the City Engineer, the above described encroachment
shall be abandoned, removed, or relocated by OWNER at the owner's sole 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 described above, 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. Upon request by
CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County
Recorder's Office, and upon recordation shall return the original to the CITY.
4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and
employees from ail 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.
5. 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, commercial 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 Encroachment 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 Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance
with original endorsements evidencing the coverage required by this section. Should owner fail to do so,
City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement.
6. 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, 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.
7. This encroachment Permit is not valid and confers no rights to install and maintain an
encroachment until it is accepted by the Owner.
DATED: t/Vyy(4 t,f 74 3
CITY OF NATIONAL CITY PERMITTEE:
Ron Morrison, Mayor Entity/
PanY
Signature
11 t CIL/ mAk, p.) 4c-T
Name & Title
ATTACH NOTARY CERTIFICATmN FOR I.'HE NAME OF PER 1TTEE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
PERMITTEE/APPLICANT INFORMATION:
lArk- . r---j
Pirson in Responsib e Charge
0818
24/7 Phone Number
0
F. Name
Mailing Address:
17c/ �E-11C nor-c '# Z/C
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PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND
SEWER AND/OR DRAINAGE FACILITIES: SEE EKFIIBTT "B", ATTACHED
2
Encroachment Permit and Agreement
(Commercial))
CALIFORR A ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of (5-tq+ w DI 0
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before me, f� f r, n CNAd'r . A 4) 44 r 6=-.4 ' C
✓ Here losaert Nome and Title ofAlie Officer
personally appeared la
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GYUIN CHOt
COMM, #1985480
Notary Public -California i
�2= F SAN DIEGO COUNTY
My Comm. Exp.•
I62016
Race Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isles subscribed to the
within instrument and acknowledged to me that
helskej executed the same in hlslherrtheir authorized
capacity(ies), and that by hislherttbeir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) 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
OPTIONAL
agnaWieof Notary Pubic
Though the lnformatlan 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: 6'i t reel c I, -sa ,r°y
Document Date: .3?/f )4/2 ell
1. ; o'•47( Al �Plemrn,
Number of Pages:
Signer(s) Other Than Named -Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
D. individual
Corporate Officer — Title(s): f9 2.ri'
O Partner — 0 Limited 0 General
O Attorney in Fact
0 Trustee
O Guardian or Conservator
O Other:
Signer Is Represents
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RIGHT,THUrlBPRINT
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Signer's Narne:
Individual
0 Corporate Officer — Trtie(s):
0 Partner-0 Limited 0 General
Cl Attorney in Fact
G Trustee
0 Guardian or Conservator
❑ Other:
Signer Es Representing:
RIGHT THUMBP
lin OF_SEGNER
Top of thumb here 1
FEDERATED MUTUAL ROAM= COMPANY
Home Mow P.O. Box 328
Owtonna, MN 35060
Phone: 148a-833404e
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THIS CERTIFICATE IS ISSUED AS A MATTER rv.
ONLY AND CONFERS DE RIGHTS UPON THE cEIMRCATE
HOWER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR
ALTER VW COVERAGE AFFORDED IN THE POIJCIES RI3.0W.
VW.
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TN* 1 TO CERTIrY THAT THU POLICIES- OF INiURANCE 1-IRTFO SHOW fiAVE MEN =CD TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED,. NOTWrrHSTANOING ANY REouiRMENT, TERM OR tOWDIT1ON OF ANY CONTRACT OR OTHER DOCUMENT 1ARTH RESPECT TO WHICH THIS
CEFMPICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED SY THE POLICIM DEMISED HEREIN SIAUEGI TO ALL THE TERMS.
EXCLUZICNEI ANC COBS OF SUCH POLICIES. MOTS SHOWN MAY HAVE MEN REDUCED IlY PAID MAIMS.
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THIS ENDORSEMENT CHARGES THE POUCY. PLEASE READ it CAREFULLY,
ADDITIONAL INSURED ENDORSEMENT
This endorsement des ihsuranw prowled under the forcing:
GARAGE COVERAGE PART
INSURED:
RON BAKER CHEVROLET (A CORP)
2301 NATIONAL CITY BLVD
NATIONAL CITY CA 91950
1. WHO IS AN INSURED for °bodUy ury' and "property doge* liability is amended to include the Additiontd
Insured specified bed but anty with respect to lability arising out of your operations or premises owned by
or rented to you.
2. The Insurance does not to *bodily injury" or "property damage" liability arising out of the sols
negligence of the Additional Insured named bow,
3. is age to ramify the Addiaonal insured named below at the address stated below of any cancellation af, or
material change to, this policy.
cy.
Relationship of the Adcktional insured to the Insured:
ANY COVERAGE PROVIDED BY THIS EMORSEMENT APPLIES
ONLY WITH RESPECT TO THE LNG ATTACHED TO
NAMED INSUREDS PREMISES AS IT RELATES TO
CERTIFICATE HOLDER.
FEDERATED MUTUAL SCE COLIPANY
Home Moe
121 East Park Square
Owatonna, MN S6060
(507) 455.6200
Additional bored Name and Address:
THE CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATION. CITY CA 91950
Includes copyrOted material of Insurance Services OM*, Inc. with Its perms.
CA-F-76 (05 Paficy 032021 Transaction Effective Date: 03-19.2013
END VIEW
EXHIBIT A
FRONT VIEW
AREA OF ENCROACHMENT
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 OF BLOCK 1 OF
MAP 26 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON
OCTOBER 7, 1914 THENCE N18°15'30"W ALONG THE EASTERLY LINE OF
NATIONAL CITY BOULEVARD A DISTANCE OF 65.42 FEET TO TIE TRUE
POINT OF BEGINJNG THENCE LEAVING THE EASTERLY UNE OF NATIONAL
CITY BOULEVARD S71°44'30"W A DISTANCE OF 5.0 FEET THENCE
N18°15'30"W A DISTANCE OF 25.50 FEET THENCE N71°44'30"E A DISTANCE
OF 5 FEET TO A POINT IN THE WESTERLY LINE OF LOT 5 OF HAMANN
SUBDIVISION, MAP 2077 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY
RECORDER ON NOVEMBER 21, 1927 THENCE S18°15'30"E A DISTANCE OF
25.50 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT B
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EXHIBIT B