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HomeMy WebLinkAboutA-200 & AttachmentsCITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 17, 2013 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Permit and Agreement between the City of National City and Nagraj, Inc. (APN 557-410-19), whereby the City grants an aerial encroachment over a portion of public right of way located at 1700 E. Plaza Boulevard PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit and Agreement with Exhibits 3. Resolution EXPLANATION On November 15, 2011, City Council adopted Resolution No. 2011-248, which amended Resolution No. 2010-59 (adopted on April 6, 2010) finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Widening Project. On or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled City of National City v. Nagraj, inc., et al. to acquire portions of Assessors Parcel No. 557-410-19. The Court subsequently allowed the filing of a Second Amended Complaint in Eminent Domain which was required due to the time extension of the Temporary Construction Easement (TCE) for said parcel. See attached Exhibit "A" for legal descriptions and parcel map reflecting permanent property acquisition and TCE for APN 557-410-19. As a result of the right of way acquisition, a portion of the sign owned by Nagraj, Inc. will partially extend over the public right of way. Therefore, staff recommends granting an aerial encroachment as defined in attached Exhibit "B". The encroachment permit and agreement requires a minimum ground clearance of seven feet to maintain ADA requirements along the sidewalk. ENCROAC f a PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, (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, expressly incorporated herein by reference. 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 as a result of the project ("Project") described in Exhibit A2 of the Second Amended Complaint in that civil action entitled City of National City, etc. v. Nagraj, Inc, et al. being San Diego County Superior Court case number 37-2010-00077484-CU-EI-SC. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to 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 are described in EXHIBIT B, attached hereto and made a part hereof. The terms and conditions under which the encroachment is to be installed and maintained upon completion of the Project are as follows: 1. As set forth hereinbelow, upon revocation by CITY, through its City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the OWNER'S sole expense. The City Engineer may revoke this encroachment permit for cause upon determining that OWNER is proceeding in a hazardous manner, has failed to comply with one or more of the material terms, conditions or restrictions incorporated in the permit; or has provided materially false or misleading information to the City Engineer regarding the encroachment or its installation. The City Engineer may also revoke this encroachment permit without cause when necessary to remove the encroachment extending onto public property from private property that interferes with public convenience, welfare and/or safety. In circumstances involving public convenience, welfare and/or safety, CITY shall first give OWNER notice of any interference and allow OWNER thirty (30) days to remedy said condition (if feasible) before removal is mandated. CITY shall provide details in the notice to OWNER with sufficient specificity to allow OWNER to correct such interference. If the condition cannot be remediated, OWNER must remove the encroachment. The terms of this section 1 control over Section 13.12.080(A) of the Municipal Code. However, nothing in this section 1 shall prohibit the CITY from taking any action deemed necessary by the City Engineer to protect the public convenience, welfare andfor safety from the encroachment, the reasonable costs of which shall be paid by the OWNER. Nothing in this section I shall limit the appeal rights of the OWNER as set forth in Section 13.12.110 of the Municipal Code. 2. After completion of the Project at the property of the OWNER, 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 remedy, 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. A copy of this encroachment agreement shall be recorded against any real property of the OWNER'S that is hereby Aug 22 10 12:19a 0 p.2 benefited by the encroachment. Upon request by CITY, OWNER shall record this Encroachment Agreement with the County ofSau Diego, County Recorder's Office, and upon reeardation shall return the original to the CITY. 4. After completion of the Project fit the property of the OWNER, OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, olaims, demand, 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, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement, This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents. and employees, so that any other policies held by CITY shall not contributeta any loss under said insurance, Said policy shall provide for thirty 3p) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, CITY may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. b. The full terms. and conditions under which, this encroachment permit is issued are farther set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to which owner. 7. This encroachmentPerrmit is not valid and confers no rights to- install and maintain an encroachment until it is accepted by both the OWNER and CITY. DATED: OWNER: CITY OF NATIONAL CI J. Y Ron Morrison, Mayor Ent:ty/Ccmpany Signature Name & Title ATTACHNOTARY CERTIFICATION FOR FELE NAME OF PERM1TTE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNWL1 GEMENT NOTARY ONLY. Aug 22 10 12:19a 0 P.3 -Akar INC OWNERJAPPLICANT INFORMATION: Person in Responsible 'Charge 24/7 Phone Nirnber Firm Nome Mailing Addr: ss: 60 E Qi11z - T \LAs1 PLAT SHOWING LOCATION OF STRUCTURES; EASEMENT, OR RIGHT-OF-WAY, AND SEWER ANDTOR DRAINAGE FACILITIES: SEE EXMBIT "B", ATTACHED EXHIBIT "A" PERMANENT ACQU tSITOfit APN 57-41 0-19 THAT PORTION OF THE NORT IWE$TERLY QUARTER OF THE WESTERLY HALF OF 80:00 ACRE LOT 2 IN QUARTER SECTION 129 OF.RWICHO DE LA WACION, IN THE CITY OF• NATIONAL CITY; CC)UNTY OF SAN DIEGO, STATE OF-CALIFORNIA, ACCORDING TO MAP THEREOF tO. 166, FIL.ED•IN THE .OFFICE OF 111E COUNTY RECORDER OF SAN DIEGO COUNTY, -MAY 11,- 1869.,. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CPS ACCORDING TO RECORD OF SURVEY MAP NO_ i7515 iLED IN THE OFFICE OF TtiE COLUNTY RECORDER ON AUGUST 34, 2002 WHICH BEARS SOUTH 1 T'36'2r EAST 28,,34 FELT FROM A B# S DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; TH'RcIOE NORTH .8 °84'36" EAST 3410 FEET. TO A Powr IN THE Y STERtY UNE OF LAND PER DEED RECORDED mARqii 13, 1998 AS DOCUMENT NO.1'998- 0136180 OF OFFICIAL RECORDS, SAID 'POINT BEING THE TRUE POINT OF BEGINNING; • 1, THENCE ALONG SAID WESTERLY LANE NORTH 17°41'47' WEST 7A5 FEET T-O THE NORTHWEST CORNER OF SAID- LAND AND THE BEGINNING OF A NON -TANGENT 540.00,FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'1r-WEST,'SAID. POINT BEING.ON THE SOUTHERLY UNE OF PLAZA BOIREVARD; 2. THENCE ALONG THE NORTHERLY UNE OF SAID- PARCEL EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°03' 6' A -DISTANCE OF 151_41 FEET IO'THE NORTHEAST CORNER OF SAID LAND, A RADIAL -LINE TO. SAID PolifF BEARS SOU-H, 3°58'45"SST (SOUTH 4•GM'f7�"FAST PEI SAID-D D) - . 3_ THENCE' LEAV4NG SAID NORTERLY UNE ALONG THE EAS i EHLY LINE OF .LAND PER SAID DEED SOUTH 1T°4-1'`47' EAST 2.61 • FEET `CO THE 8g. GTNI ar NON=i. t Fi12_ b-t0C T t )iDS=CURVE-'CONtAV NORTHERLY; A RADIAL LINE TO SAID POINT SEARS SOUTH 4"44'21'. EAST; . 4_ THENCE LAVING SA1p-EAS3ERLY UNE WESIERLY ALONG THE ARC OF - 'SA MCIJR l-j-RO UGH•A CENTRAL ANGLE OF 13°5915-1" A DISTANCE OF .149_56 FEET TC5 -THE TRUE -POINT pE.13011t 1N - _AREA,4t 0, 14 ACC. MORE'OE 127-0 MICKEY AG R "R OE2 648 • •.EXP:3-3'1-10 - -. - • EXHIBIT "A" TEMPORARY cONsiftuaTioNEAsEmENT APN 557-4IcY-19 THAT FORTION.OF THE NORTHWEST.E.RLY QUARTER OF THE WEsTEKY)-IALF OF 60.00 ACRE LOT 2 IN Q1JR H SEcTION.129,0F. RANCHO OE1A NACION, IN THE CITY OF NATIONAL Cr['. totittrY OF,SAN.DIEG0, ATE oF CALIFORNIA, ACCORp1NG TO MAr, THEREOF NO, 166, Fri.ED IN THE OFFICE THEco(iNTY RECORDER OF SAN :DIEGO COUNTY, MAY tl, 1869; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING -AT A .BRASS DIsk- STAUPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO 17515 FILED IN THE OFFICE OF THECOUNTy-REcORDER-oN AUGUST 30, 2002WHICH' BEARS SOUTH ir°3577' EAST 28574 FEET FROM A BRASS. DISK STAMPED Cpq.-AccoRDING TO .SAID RECORD OF 'SURVEY MAP: THENCE NORTH 89`tai'30' EAST 383_63 FEET TO A Rolm* IN THE INETERLy LINEOF LAND PER DEED RECORDED MARCH 13, 1998-AS DOCUMENT NO: 1698- '613111E10 •OF OFFICIAL RECORDS AND THE BEGINNING OF A NON-TANGNT 61120-FOOT RADIUS -CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9I930"'WEST, SAID POW- BEING THE TRUE POINT DP pEGINNING; 1, THENCE LEAVING_SAID WESTERLY LINE EASTERLY ALONG THE ARC OF . SAID CURVE THROUGH A CENTRAL ANGLE OF 13669'51' A. DISTANCE OF -149.56 TO A.PORT ON THE EASTERLY LINE OF UM PER SAID DEED;- 2. THENCE ALONG SAID.EASTERLY LINE SOUm 17.441'47- EAST .(SOUTH 16°13'32--.EAST PER SAID DEEM 10.26 FEET TO THE BEGINNiNG OF A NON -TANGENT 62120:FOOT RADIUS CURVE CONCAVE NORTHEFLY,•A ___...RgtiALLINEAID-P-tifisIT-SEARS,-SOUTH-0-621.00:EAST;. _ • 3.. THENCE LEAVING sAD EAtTERtY UNEIA,tsTERLy ALONG THE ARC OF SAID-. CURVE THROUGH A CENTRAL ANGLE OF 3`.4.Cr2' 1 DESTANC,E OF la409 FEET; 4,- Marl OUTh cr4V4r Visst4.00 FEET-1-69* BEGINNING OF A NON- tANGENT.S26;20-FOOT RifOIUS CURVE CIDNO-AVE'NOttiiiRLY, APADIAL OW TO SAIVEol-Ny EiEtg/s SOUTH 1c2r50rasT; • • • : • _ tit.kigg vvEB*R0( &ONO • THE IAC., OF AJD RVE THROUGH A CENTRAL AN OF,024'08-"'A DISTANCEOF 48.3fir 6_ ;.TilENCE NORTH-RNicr3Z EASY 403 #...Et TO- ThE BEGINNING. OF -A NON, _TANGENT ,61.7_20-5POT RADIUS tURVt.CpNQAVE:Npfinim(Y, A WIAL LANE TOSAII1POINT BEAM 01,11-43-0q.4*.WES-..T.-, - 7. THENCE WESTERLY ALONG' THE MIC" OF AND CURVE yvikouGH CENTRAL ANGLE OF '65037 A-DI6ThNgE OF B3,48 FEET to A POINT -ON ;THEWE:STLYUNEORLANO PER -SAID DEEDt - . 8: TL-f*Ce AW3 SAJD WPSTRLY 1JNE NOIM 1P414rlitiEsT 1120 IFIT VitieTiwgPottfoN3t4iNti1o.. • • .. - pag0 Dr2. EXHIBIT "A" (Page 2) AREA = 0.4139ACRES. MORE OR LESS, Wi R RCE-27.84 3 • - EXP:-3'I-141 • r• EXHIBIT "A" APN 557-41 a=:19 .CP.5 3I33 63` 59'3s' PEREA_ ACC). A.Tcp ICE a. • • TACIULATO :i � �1{'€�(_ PATA�. J: .�. ' bill. fEI _ 150r , cu4i .' MIA.: G i ' • WOW: 4.5?Ki:Q •• C2. 13'S9'5 -" 7_612;2ft : 149;55"; . :AIL.' C3 U D .. 2O • G4. 425`bB" ol21' .. 48.3tr C5 5'51:1'39' '0.2V.' _ . 63A4G' PER MEW -AREA = •O:t 4 ACRES. • IPORM y Cfi>EC31 11G7i011 T I?;O I3 tRUE POINT OF DEWING POINT OF RINNIN r- ONIRc& POW fim Rat i7s15 I BY' I3AAYa4 DY: KA Cttchosfe4 NA AE'Fkf3jtf1.:01 • PLAZA BLVD. X'Vk::_lbt ' ea 3:AN° P1 • ©EED.REC_ Vi.5/3B iC DOC, NO.. 19 -a131 QR. • 557-410-19 POR NW 1/4 OF W 1/2OF80 ACRE LOT 2 111 fJA€ rE9 SEC, 129 OF FHo, Di LA NA0i0t • MAP No. 165 NATIONAL. WY • PQ2}A1aEtlf Atcititaiti `. Ate© -11a1PONVIT Otimiuc 1(>N .£AS t1 APH_ 567-4 o-i9. - NJ .1t1C.., . EXHIBIT "B" AERIAL ENCROACHMENT AREA APN 557-410-19 AN AERIAL ENCROACHMENT FOR A SIGN HEAD WITH A MINIMUM VERTICAL CLEARANCE OF SEVEN FEET AS MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE SIGN HEAD AND A MAXIMUM VERTICAL ALLOWANCE OF FORTY FEET TO THE TOP OF THE SIGN ENCROACHING OVER A PORTION OF EAST PLAZA BOULEVARD BEING A PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF 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 SAN DIEGO COUNTY, MAY 11, 1869 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP THENCE NORTH 89°04'36" EAST A DISTANCE OF 383.63' TO A POINT IN THE WESTERLY LINE OF LAND CONVEYED PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NUMBER 1998-0138180 OF OFFICIAL RECORDS SAID POINT BEING THE BEGINNING OF A NON -TANGENT 612.20 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9°19'30" WEST THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°26'38" A DISTANCE OF 15.430 FEET TO A POINT IN SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 7°52'52" WEST SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE NORTH 07°52'52" EAST A DISTANCE OF 5.875 FEET TO A POINT ON A NON -TANGENT 540 FOOT RADIAL CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°14' 19" WEST, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY LINE OF PLAZA BOULEVARD EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°21'36" A DISTANCE OF 3.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°02'58" WEST; THENCE LEAVING THE SOUTHERLY LINE OF PLAZA BOULEVARD SOUTH 7°52'52" WEST A DISTANCE OF 5.752 FEET TO A POINT ON SAID NON - TANGENT 612.20 FOOT RADIAL CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 7°34'12" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE OF 0°18'40" A DISTANCE OF 3.00 FEET TO THE TRUE POINT OF BEGINNING. AREA=17.4282 SQUARE FEET MORE OR LESS. (Page 2) CPC Co" VERTICAL CLEARANCE N89' 34'36"E CP5 383.63' —, P.O.B. TABULATED CURVE DATA CURVE DELTA RAIIUS LENG`H C1 16'03' 56" 540.00' 151,41' CIA 02`21' 35" 540.00' 3.013' C2 13'59' 51" 612 20' 149.56' C2A 0'18' 40' 61220' 3.00' EXHIBIT "B" 1 ' .to co vJ cz1 . ii cr SEE DETAIL "A" THIS SHEET DETAIL "A" NATIONAL CITY ENCROACHMENT AGREEMENT AGREEMENT DATE ENGINEERING NO. LEGEND P.O.B. ENCROACHMENT AREA CONTROL POINT PER ROS 17515 POINT OF BEGINNING T.P_O_B. TRUE POINT BOUNDARY OF LAND PER DEED RECORDED 3/13/98 AS DOC. NO. 1998-0138180 O.R. APN 557 410 19 OF BEGINNING