HomeMy WebLinkAboutResolutionRESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NAGRAJ, INC.,
WHEREBY THE CITY GRANTS AN AERIAL ENCROACHMENT OVER A PORTION OF
PUBLIC RIGHT-OF-WAY LOCATED AT 1700 EAST PLAZA BOULEVARD
WHEREAS, on November 15, 2011, the 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; and
WHEREAS, 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 Assessor's 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; and
WHEREAS, because of the right-of-way acquisition, a portion of the sign owned
by Nagraj, Inc., located at 1700 East Plaza Boulevard will partially extend over the public right-
of-way, Nagraj, Inc., has submitted an Encroachment Permit and Agreement for an aerial
encroachment that requires a minimum ground clearance of seven feet to maintain ADA
requirements along the sidewalk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves and authorizes the Mayor to execute an Encroachment Permit and
Agreement with Nagraj, Inc., granting an aerial encroachment over a portion of public right-of-
way at 1700 East Plaza Boulevard. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 17th day of September, 2013.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney