Loading...
HomeMy WebLinkAbout2004 CON Sprint PCS Wireless - Encroachment AgreementPLEASE COMPLETE THIS INFORMATION. RECORDINGREQUESTED 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 TIES SPACE FOR RECORDERS USE ONLY ENCROACHMENT AGREEMENT WITH SPRINT PCS WIRELESS FOR THE INSTALLATION OF AN ANTENNA SITE ON VAN NESS AVENUE (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESO 2004-53 PW/ENG (Additional recording fen applies) C2004-18 / 903-14-1 6/94 Rec.Form IR25 1'hE: $200.00 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: 1. 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, 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. 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. 7. The terms and conditions under which this encroachment permit is issued are set forth in Chapter 13.12 of the National City Municipal Coder. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: 23 f mow / 264- Me,,u6 Dpe,- tC0 /Co-►4k Person in Responsible Charge (Print Name) /-88S- g s?-i460 24 hr. Phone Number „Spieler S Firm Name OWNER/APPLICANT . rEuex i . 5,,,giii.eFt Printed Name & ignatur /)anieL. ScIi) &Q( Printed Name & Signature S PRI NT a2�So OQni 1 ito del /�i'D (V. /66 (SGi i b%eo cA- 32/Q8 Mailing Address (6/3) 228- /2 Phone Number P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 111 SUBSCRIBING WITNESS JURAT State of California County of Vtn. Itilxa On - a -n `i before me, a (NOTARY) (DATE) personally appeared PCuu-Q, <116 SUBSCRIBING WITNESSNAME personally known to me — OR — 0 proved to me on the oath / affirmation of , who is personally known to me to be the CREDIBLE WITNESS' NAME person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes and says that he/she was present and witnessed �54ever� L- Se ourI, (PLACE NOTARY SEAL ABOVE) NAME OF PRINCIPAL the same person described in and whose name is subscribed to the within and annexed instrument as a party thereto, execute the same, and that said affiant subscribed his/her name to the within instrument as a witness at the request of: 5let)ee, L. io_tAlh NAME OF PRINCIPAL WITNESS my hand and official seal. NOTARY'. SIGN' RE OPTIONAL INFORMATION Capacity Claimed By Signer Description Of Attached Document 0 Individual O Corporate Officer TITLE ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) O Guardian/Conservator O Other: JrX-"-0/2jjn FYl esrl Title or Type of Document Date of Document Number of Pages copyright © 2002 notary-now.com SUBSCRIBING WITNESS JURAT State of California County of \kilktra < n On % - 2�! -0`{ before me, <JL -FCt Pet k (DATE) (NOTARY) personally appeared Paul SM®i.A.ts personally known to me — OR — SUBSCRIBING WITNESS' NAME D proved to me on the oath / affirmation of , who is personally known to me to be the CREDIBLE WITNESS' NAME person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes and says that he/she was present and witnessed ),e/11s2 c)e(101/16 SWEfAANM1WM RFM1EL Commission #F 1440701 Noisily Public - Callomio WrMuaCots* SWConwa. ExpiwNop22.20 (PLACE NOTARY SEAL ABOVE) Capacity Claimed By Signer ❑ Individual ❑ Corporate Officer TITLE ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator O Other: NAME OF PRINCIPAL the same person described in and whose name is subscribed to the within and annexed instrument as a party thereto, execute the same, and that said affiant subscribed his/her name to the within instrument as a witness at the request of: 714>Ce zSC.tc,Octio NAME OF PRINCIPAL WITNESS my hand and official seal. OPTIONAL INFORMATION Description Of Attached Document r-LrocA timeat 4- -eenlenf- Title or Type of Document Date of Document Number of Pages copyright © 2002 notary-now.com GRANGER JR. HIGH SC 775-582-80.01 O760-106-22 17..77 AC C282 QSEC. 107 SITE' [�� yy {,.V W oti / N70 35 33.1.3'C 21143 > o 91,116081 ° O Qp PAR.1 104.13 28 PM 10704 tor PAR. 2 lots, 360 /47.47 -6 37 PAR.2 PM16081 /c74c [f,sl N70°5323'3 28 362 ISO l.,f. O 363 C [a, SO PAR. I [. PM 10704 zr MAP 166 — RHO DE LA NACION nOD 9 391.58 366 25 29157 367 26 388 29/.56 n 24E8 3778 era" 04 376 (i5 ) 375 374 373 L� iei.aa 372 'e 371 (RS—) 370 369 ST 6 H'Aiv Sr AVA Sr MAP 1748 — LINCOLN ACRES ANNEX NO 2 ,55•-33, 'i 1Z-22 CH 330 L /rah 20 25-27 73 ➢8 79 3/90 cc 4469 .Ic 2952 SW1/ 2 Sr of 3 20,07 8/, 8/ 4498 845 /3, 24 30,9/ 3503 pr-34 l4 si 9 'e'r5o 2 36237 y , 8 4 84 S3 888 82 8/5 88 91 19 /oz7 10/9 /457 CAN[ u..e. —POLE # 84137 POLE#TBtJ CORE CLIT1 i ,„ A / r „A7 04- -25; 2:57PM: St TE SOME'O9MEN' , • ; F192207'820 2/ 2 • CERTIFICATE OF LIABILITY PRODUCER Lackton Cempahiies 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960,9000 INSURANCE DATE(AIMIDDIW1 04/03/20as 10/07/2003 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TEVEAGEAFFDEDOEMPIBE ALTER HCOFRORBY THE OW INSIIRFRS AFFORIIING ( OVFRA(iF POURED SPKINI SPkUIHUM LP. 14966 6i60 Vt71NT PARKWAY OVERLAND PARK, KS 66251 INSURER A: CONTINENTAL CASUALTY CO. (A XVI INSURER R: AMERICAN CASUALTY CO oiReadis ;PA INSURER C: TRANSPORTATION INSURANCE CC) (A XV) rrsltD INENREERF COVERAGES D. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUTAENT 1MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LBITTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNYq TYPE W` INSURANCE POLIC NUJNBER POO SE �Fe�f n CTIVE pT(p DAiEIpOLICY SMNQM'T N LIMITS GENERAL LIABILITY EACH OCCURREbICE $ 2,000 000 A X COMMHcrALGENH((iA��Li��.U.BILRY GL251929176 04/01/2002 04/01/2005 GREDAMAGE(Any one fie) 500,000 I CLAMS MACE 1 n 1 goCUR ARGDit a? (Am am portorr) $ xxxxxxx X CONTRACTUAL PERSDNALa DVINJURY 7 2,000,000 GENERAL AGGREGATE 5 5,000.,000 GEM AGGREGATEILIMITAPPUUEES PER PROMOTE- COMPIDP AGG $ $ 3,000,000 +i f POLICY 1 1 1 I LOC A AUTOMOBILE X 11ABwtt ANY AUTO B13A 251929193 04/01/2002 04/01/2005 COMERN SINGLE UNIT $ 2,000,000 A ALL OWNED AUTOS BODILY INJURY (Per pereen) [� $ H HIREDAUTOS r4Unr4.A.Nt/J AUIU5 BODILY INJURY (M....-J...4FRUPER $ X CONTRACTUAL (Peannoiden�ANWC6 $ .� GARAGE LIABILITY AUTO ONLY- EA ACCAJENT S X.'S,7(7SX1LX. ANY AUTO NOT APPLICABLE OIHERTHAN EA AGO $ AUTO ONLY: AGO $ XXIDCX . EXCESS LIABILITY EACH occuRRENce s, 3COM= OCCUR n wags MADE NOT APPLICABLE AGGREGATE $ X7{X5Q(3{X rl RU9IELLA $ %i DEDUCTIBLE FOCI $� ` RETENTION5 p XOLIDOOC B WORKERS CQAPENSAT®NAND WC 251929159 (AOS) 04/01/2002 04/01/2005 ( irT X k eve.Unc 1 IOM 7 C EMPLOYERS' LIABILITY WC 251929162 O (AZy R,Wi) 04/01l2002 04/0I/2005 E.LEACH AcuDENT e? 1,000,000 R WC251907797(CA) 04/111/?ftni 04/OT/?OOS FI IL�ARF-FARAPT OYFF 0 TQO0000 B P N/A IN MONOPOLISTIC STATE EL DISEASE -POLICY LAIIT S 1,000,000 OTHER RFSC.RIF'HGN OF CPPRATIONS!IBCATIDI'E YFHIEI PVPIEI UNIONS Annrn fir FN11571 `MFNTRPF(IAI PRGYISIDrE5 CERTIFICATEp� ADDITIONAL INSURED: INSURER LETTER:., [HOLDER 1888385 PROOF INSURANCE I104NCELLATPON Sntjutu Mn T .Jr r nnfoUvE Veo,..nenw ruu,uina nc t.nnl.CLLCU Dcr,.g ne trs cerNrq 1 tun BATE II IENECP, TIE 188UINO INSURER WILL OJOCAVDR TD MAIL 1B aAva wA1TreN NOTICE TO THE CERTIFICATE HOLDER NAMIDTO TEE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATIONOR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. - ` AUTHORIZED REPRESEN'/ATIYE �f T m A ('£NPR A"[bnDnoal4rnnr anon City of National City, California COUNCIL AGENDA STATEMENT April 6, 2004 MEETING DATE AGENDA ITEM NO. 14 / ITEM TITLE A RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH SPRINT PCS WIRELESS FOR THE INSTALLATION OF AN ANTENNA SITE COMPOSED OF AN EQUIPMENT CABINET, VAULT WITH TWO VENT PIPES, A POLE, A SHARED POLE, AND TWO (2) ANTENNAS ON VAN NESS AVENUE ADJACENT TO GRANGER JR. HIGH SCHOOL AND ACROSS FROM 2327 VAN NESS AVENUE PREPARED BY Charles Nissley DEPARTMENT Public Works/Engineering EXPLANATION 336-4396 SEE ATTACHED CEnvironmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement 3. Exhibit "A" and "B" SPR A-200 (9;99) EXPLANATION: Under the provisions of the State Public Utility Code and State Franchise Regulations Sprint PCS is permitted to use the Public Right Of Way for installation of telecommunication facilities subject to the City's right to impose reasonable conditions concerning public safety. The City may not deny Sprint PCS access to the right of way, but may exercise reasonable control over the time, place and manner in which the right of way is accessed as long as that control is reasonable and applied equally to all entities. The City's reasons for doing so are set out in Chapter 13.12 of the Municipal Code. The attached encroachment agreement (permit) meets all requirements of the Municipal Code. Due to a large volume of dropped calls, Sprint PCS Wireless, a telecommunications company, is seeking an encroachment agreement to install a cell site on Van Ness Avenue as shown in the location map (Exhibit A). The installation of this site would be beneficial to the residents of the City by eliminating blackout areas for users. The proposed cell site consists of two antennas, one equipment cabinet, one new pole, one shared pole, and one equipment vault with two vent pipes as shown in the detail map (Exhibit A) in the street dedicated section of Van Ness Avenue adjacent to Granger Jr. High School. RESOLUTION NO. 2004 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH SPRINT PCS WIRELESS FOR THE INSTALLATION OF AN ANTENNA SITE ON VAN NESS AVENUE, ADJACENT TO GRANGER JUNIOR HIGH SCHOOL WHEREAS, due to a large number of dropped calls on their telecommunication systems, Sprint PCS Wireless desires to install a cell site on Van Ness Avenue, adjacent to Granger Junior High School; and 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 Sprint PCS Wireless and directs the City Clerk to record the same. PASSED and ADOPTED this 6th day of April, 2004. ATTEST: Michel R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2004, 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 /i /41)'f City lerk of the Cityional City, California • By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-53 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2004. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 April 15, 2004 County of San Diego Gregory J. Smith Assessor / Recorder / County Clerk Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: We are submitting the following document in duplicate for recording: ENCROACHMENT AGREEMENT. With Sprint PCS Wireless for the installation of an antenna site...on Van Ness Avenue. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, ail/Martha L Alvarez, CMC Deputy City Clerk /mla Enclosure cc: PW/Eng File No. C2004-18 / 903-14-1 Recycled Paper