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HomeMy WebLinkAbout2003 CON Fred Demeo Inc - Encroachment Removal AgreementPLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 THE ORIGINAL OF THIS DOCUMENT WS RECORDED ON AUG 18, 2003 DOCUMENT NUMBER 2003-0998584 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TINE: 10:39 AM TIES SPACE FOR RECOMMIT USE ONLY ENCROACHMENT AGREEMENT WITH FRED DEMEO INC (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESO 2003-113 (Additional recording fee applies) C2003-32 6/94 Rec.Form IRIS JUN-16-2003 05:'.6 AM DAVE DORMAN 619 582 3979 P-01.. FEE: S200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure as shown on Exhibit "A" within a CITY easement or right-of-way for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: I , Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land 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 remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, 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. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5, In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, lose, 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. SUN-16-2003 05:17 AM DAVE DORNAN 619 582 3979 P. 02 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure 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 insureds, 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 Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. The parties agree that the former encroachment agreement approved by City Council Resolution No. 10,926 on January 2, 1973 is hereby sup:rseded. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: aumaimanicAnacam Dated: \Mc. tw o. .-C3rA V3Sk Person in Responsible Charge (Print Name) ((cS,P) K 9 12 24 hr. Phone Number Firm Name O WNER/APPLICANT Printed Name & Signatur MIKE L,6,E Printed Name & Sig a ure Mailing Address (22 21 Phone Number P.S. Attach notary certification for the name shown above, Use California All Purpose Acknowledgement Notary only. JS: jht 2 ill oegato a y 10 03 0918a DAVE DORNFIN 619-336-0499 p.2 Description: Lots 8, 9. and 10 in Block 1 of W. C. Kimball's Subdivision of 10 acre lot 2, Quarter Section 154 of Rancho de la Nacion, Map No. 105. AL LLY :.15Tit‘IG BLDG. N , • • 119WLIKIC; AQC A 4800 isTiNic,- s-roa.AG-E. Z_>0 ST1 :L NIG C.XISTIN6 e..ik• Sq. FT. SIDENALK 75' 2 sxmll moo • I '146/4, --ow:1(.4,A: FOR it,lb-cALLAT‘O N 1 _,...- ..,. j---- oF Z1-bik-ke FAc.A.t6-; ----4Z- scriaw...m 1..t6o,T5 1 P L AM N"\- 3/ S0.7-6.1,(2-irt thi•AgtiN 1 '.1.,_,..i..r. I. - I (Y-0 EXHIBIT "A" 4 06 1 v t 40 m �m M NATIONAL AVE) J 4 Z 0 Z to. TOW 1000111111P1d RR TM 1�I��%�op. "AVM 1 MIMED I I OI It 1 0 EIGHTH lit . 3 04 5 8LK 6 r0 acw cax1 .lentoru w W 7 9 PLAZA DETAIL"A' - NO SCALE 11 1 1 11 (TENTH ST) ST. '" I D2 S +• 6 19,E:_ t.47.N.q ix, • 16 _o 7 a O7 IllgtO' 12 u " 0 I I . M U Tr O� Fr 1 I 1 .„.F 14 lJ 1. 5 6 1e 7 8 1p 9 10 231. 201 19 1617 16(15 14113 12) 11 ... Il N 17 I e l 1 I I1I. BLVD 00 MAP 14245 - TOWNSOUARE ROW HOMES MAP 103 W C.MISINIBALLS SUB. RESVB ROS I133,13498 558-47 I"= I00 ` ® MOM MCI Man rff11^72, C571=113[71111.11 ®I�7©EPM LIMN OW MEN _1"9TSTS 1CJE]0 =OM REM' MOLE F RIM MINI MO OCO MINIM ---Ui 1111110111111111111111111111 ---U- 11111sf.W111 -s—U- ---i— IIIMIIIIII—U— IIIIM—U- -I1111111—Us --is —U- OCT t 5 1DR1 CNSP-PORT-ENGS -* 8583509228 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ( cam /'Gr.; County of SS .-, • e5 cv On J �' 2. 03 before me, �61,5 a e, ..f r DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared 6 n ti r e4-/qr64s NAME(S) OF SIGNER(S) ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ❑ personally known to me - OR - SUSAN M. KREITZER COMM. #1344904 m Notary Public -California Cn SAN DIEGO COUNTY - My Comm. Exp. March 1, 2006 C WITNESS myIand and official seal. OPTIONAL SIGNATURE 0 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT1TY(IES) DESCRIPTION OF ATTACHED DOCUMENT re) c4-ritn74. 49C"6//t'i'7 TITLE OR TYPE OF DOtUMENT 7r✓4 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER TiAN NAMED ABOVE, i 1 State of �%vf (�v-2rvi �' o 0 County of ( �iA'/'V ' Cho a o `1 On " Z"S ( Zv'U before me, �A-11 G D' (r-r �. ' 1 Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") V personally appeared t 1.-l�S 8 1 _ ❑ personally known tome - OR 1 0 0 tt1 w .tr.� or the entity upon behalf of which the person(s) t1 NC COMM NO. 1C3889709 NiA executed r �t ,1 1 * C ry ► 1 Name(s) of Signer(s) roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized.capacity(ies), and that by OFFICIAL SEAL his/her/their signature(s)on the instrument theperson(s), DAVID TAYLOR aacted, SAN DIEGO COUNTY MY COMM. EXP. DEC. 7, 2006 ITNESS my hand any official seal. \, o 1 Signature of Notary Public 0 OPTIONAL ,00 1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 0 fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document ti Title or Type of Document: 1 Document Date: Number of Pages: 0 1 Signer(s) Other Than Named Above: - 0 1 Capacity(ies) Claimed by Signer(s) 1 Signer's Name: Signer's Name: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �ll.�llllllllllJlllllllllllllJlllllltlllJllllllllllllJ!!!lllllllllllllllJl� N N N N 1 1 ti ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here o 0 1 0 Signer Is Representing: Signer Is Representing: 1 ti �tllllll./lllllJlfl.F./Iflll llll!!I/!/11llll./IllJI�II.J./""!.JllllllllllIIIIIJ� City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 August 6, 2003 County of San Diego Gregory J. Smith Assessor / Recorder / County Clerk Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: Please find enclosed for recording, the following document in duplicate: ENCROACHMENT REMOVAL AGREEMENT with Fred Demeo Inc. for the installation of security lights, signs, building facade. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Engineering File No. C2003-32 / Reso 2003-113 (ES Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5,- -2003 AGENDA ITEM NO. 13 (-ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT REMOVAL AGREEMENT WITH FRED DEMEO, INC. FOR THE INSTALLATION OF SECURITY LIGHTS, SIGNS, BUILDING FACADE AND TO SUPERSEDE THE PREVIOUS ADOPTED AGREEMENT PASSED BY RESOLUTION NO. 10,926. PREPARED BY Charles Nissley DEPARTMENT Engineering 336-4396 EXPLANATION Fred Demeo, Inc. the owner of the Trophy Lounge located at 999 National City Boulevard is seeking an encroachment removal agreement as shown in the plat to install signs, security cameras, security lights, and a building facade. This agreement shall supersede the previous encroachment removal agreement granted by Resolution No. 10,926 passed and adopted on January 2, 1973 allowing for a one -inch building facade to encroach into the right-of-way. The proposed agreement is similar to the existing agreement, but increases the width of the encroachment area from the existing one (1) inch to allow for the building facade to twenty-four (24) inches to allow for the placement of security cameras, security lights, and signs. Environmental Review X N/A ♦ Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Encroachment Agreement Resolution No. 2003-113 A-2Qa 49) RESOLUTION NO. 2003 —113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT REMOVAL AGREEMENT WITH FRED DEMEO, INC. FOR THE INSTALLATION OF SECURITY LIGHTS, SIGNS, BUILDING FACADE AND TO SUPERSEDE THE PREVIOUS ADOPTED AGREEMENT PASSED BY RESOLUTION NO. 10,926 WHEREAS, Fred Demeo, Inc., the owner of the Trophy Lounge located at 999 National City Boulevard, is seeking an encroachment removal agreement to install to install signs, security cameras, security lights, and a building facade; WHEREAS, this agreement shall supersede the previous agreement granted by Resolution No. 10,926 passed and adopted on January 2, 1973 allowing for a one -inch building facade to encroach into the right -of -away. WHEREAS, the proposed agreement is similar to the existing agreement, but increases the width of the encroachment area form the existing one (1) inch to allow for the building facade to twenty-four (24) inches to allow for the placement of security cameras, security lights, and signs. WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City 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 accepts that certain document entitled "Encroachment Agreement" executed by Fred Demeo, Inc., and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of August, 2003. ATTEST: Michel Dalla, City Clerk Nic nzunza, ayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 5, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California JA/jCity C erk of the City ofal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-113 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2003. City Clerk of the City of National City, California By: Deputy