HomeMy WebLinkAbout2005 CON Roberto and Ileana Murillo - Encroachment Agreement Stockman StPLEASE COMPLETE THIS INFORMATION.
RECORDING RE BY:
CITY CLERK OF NATIONAL CITY
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
AND WHEN RECORDED MAIL
CITY CLERK OF NATIONAL CITY
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1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
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MAR 08, 2005 4:35 PM
OFFICIAL RECORDS
S .PN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH, COUNTY RECORDER
FEES: 26 OO
PAGES: 7
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7ffiS SPACE FOR RECORDERS USE ox.Y
ENCROACHMENT PERMIT AND AGREEMENT
(Please fill in document title(s) on the this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
RESO 2005-28 (Additional recording fee applies) 903-14-1
6/94
itac.Form /R25
FEE: $200.00
ENCROACHMENT PERMIT AND AGREEMENT
The City Of National City hereby grants an Encroachment Permit to the undersigned,
Roberto and Ileana rturillc(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.
The 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 City's 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 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 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.
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, in order
to install or maintain the encroachment.
5. 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 for the
installation, maintenance and use of the owner's encroachment..
6. 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 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 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.
7. 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.
8. This encroachment Permit is not valid and confers no rights to
install and maintain an encroachment until it is accepted by the Owner.
FOR THE CITY OF NATIONAL CITY
Name:
Title:
AGREED AND ACCEPTED:
Dated: l !��2 - ' y
Roberto Murillo
Person in Responsible Charge
(Print Name)
619-470-7802
24 hr. Phone Number
Owner
Firm Name
OWNER/APPLICANT
Roberto Murillo
Printed Name & Signature
Ileana Murillo
Printed Name & Signature
3203 Stockman Street
National City CA 91950
Mailing Address
619-470-7802
Phone Number
. Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JS:jha2111
PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES,
EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE
FACILITIES: SEE EXHIBIT "B" ATTACHED
Exm$IT i
32 0� 5f�c kPr)GI S-t-ree;
<LI 1 tolL,AL C i I -1 C! `� SZ
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF San Diego
) SS.
On beeem 6 ZA 'fitefore me, , `- 6 A/29 , ) e ZJ0/1 .9_
personally appeared . 'f>4 e,ei- 1,J2 1 i'2
(or proved
to me on the basis of satisfactory evidence) to be the persona*whose name(s) is/acp subscribed to the within
instrument and acknowledged to me that he/stye/they executed the same in his/her/t authorized capacitylies),
and that by his/he,r/t)%eir signatures on the instrument the persons) or the entity upon behalf of which the
personfsf-acted, executed the instrument.
WITNESS my hand and official seal,
Signature itzf
4 /04
Maia.m /1111
YELENA B. WEISHAARR
Commission # 1446511
Notary Public - California t
San Diego County [
My Comm. Expires Oct 21, 2007
(This area for official notarial swell
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City of National City, California
COUNCIL AGENDA STATEMENT
February 15, 2005
EETING DATE
AGENDA ITEM NO. 10
(ITEM TITLE Resolution of the City of National City approving and granting an encroachment permit
in connection with the front yard retaining wall at 3203 Stockman Avenue
Mauro Nebrej a Engineering
PREPARED BY 336-4395 DEPARTMENT
EXPLANATION
Roberto Murillo and Ileana Murillo, owners of the property at 3203 Stockman Street, applied for a
building permit. The property has a retaining wall, which is encroaching into the public right of way 1
foot and 11 inches.
The Engineering Depaittnent have informed them of the violation and have given them the following
options; 1) remove or relocate the retaining wall back to the property line and deposit $1,000.00 Dollars
as a guarantee deposit which will be refunded if the retaining wall is removed or relocated, 2) Get an
"Encroachment Permit and Agreement" which includes $1,000,000.00 liability insurance with (City of
National City as additional insured)
The owner chose to get an encroachment permit.
I.
Environmental Review i,' NIA
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the EncroachmentPermitand Agreement
tilt
BOARD I COMMISSItN RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below l
See attached
Resolution No.
A.200 0/99j
RE: Resolution of the City of National City approving and granting an encroachment permit in connection
with the front yard retaining wall at 3203 Stockman Avenue
ATTACHMENTS (Listed Below)
1. Resolution
2. Signed and notarized "Encroachment Agreement"
3. Copy of the proof of S 1,000,000.00 liability insurance with the City of National City as additional
insured.
4. Exhibit "A" showing the retaining wall encroaching the public right of way.
5. Picture of the wall
6. Receipt of $1,000.00 guarantee deposit.
7. Receipt of $200.00 "Encroachment Agreement" fee.
RESOLUTION NO. 2005 — 28
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING THE RECORDATION OF
AN ENCROACHMENT AGREEMENT WITH THE PROPERTY OWNERS
OF 3203 STOCKMAN STREET FOR A FRONT YARD RETAINING WALL
THAT ENCROACHES INTO THE PUBLIC RIGHT-OF-WAY
WHEREAS, Roberto and Ileana Murillo, the owners of the property located
at 3203 Stockman Street, are seeking an encroachment agreement regarding their front
yard retaining wall that is encroaching into the public right-of-way;
WHEREAS, the applicant has executed an Encroachment Agreement with
the City of National City which includes a $1,000,000 liability insurance policy naming
the City as additional insured.
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 Roberto and Ileana Murillo, and directs the City Clerk to record
the same.
PASSED and ADOPTED this 15th day of February, 2005.
Nick .:%:VV ayor
ATTEST:
4
Mic ael Dalla, Ci 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
February 15, 2005, by the following vote, to -wit:
Ayes: Councilmembers lnzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Ci
Clerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-28 of the City of National City, California, passed and adopted
by the Council of said City on February 15, 2005.
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. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
February 18, 2005
Gregory J. Smith
Assessor / Recorder / County Clerk
County of San Diego
Post Office Box 1750
San Diego CA 92112-4147
Dear Mr. Smith:
We are submitting the following documents in duplicate for recording:
ENCROACHMENT PERMIT AND AGREEMENT: 3203 Stockman
Street.
Please note the recording information on the duplicate copy provided, and return
it to the Office of the City Clerk.
Michael R. Dalla
City Clerk
MRD/mla
Enclosure
cc: Engineering
File No. 903-14-1
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