HomeMy WebLinkAbout2005 CON Jose Hernandez - Encroachment 3444 Newberry StreetPlead complete, ti Is Information.
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SEP 14, 2005 4:32 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGOR''i J. SMITH, COUNTY RECORDER
FEES: 39.00
PAGES: 7
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Govt. Code 27361.6
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/'03 J .—f
ENCROACHMENT PERMIT AND AGREEMENT
The City Of National City hereby grants an Encroachment Permit to the undersigned,
JOSE G HERNANDEZ (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,
r
r
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: S — 2 Os
do5Q' G- K crrzaM �.Qz
Person in Responsible Charge
(Print Name)
CG G) 21-t c 2_S 313
24 hr. Phone Number
OWNER/APPLICANT
JOSE G. HERNANDEZ
Printed Name & Signature
rinte. Name & Signat ' e
3444 NEWBERRY ST,
NATIONAL CITY, CA 91950
Mailing Address
619-472-0330
Phone Number
. Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JS:jha2lII
PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES,
EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE
FACILITIES: SEE EXHIBIT "B" ATTACHED
r
State of C1-
County of 4 LA`e9C)
On 036106 av, I I . a, -y4wa."v,
(DATE) (NAME/TITLE OF FICER-i.a.'JANE DOE, NOTARY PUBLIC')
personally appeared
1NAME(S) F SIGNERISII
�D5e- C C. t-��erna..n eZ.,
❑ personally known to me -OR-
SHERRY 4• SHIN k
!� >. Comm. t 1319649
NOTARY PUBLIC-CALIFORNIA N
1r Sin Diego County
My Comm. Etpias Sept.25,2005 F
(SEAL)
proved to me on the
basis of satisfactory
evidence to be the
ag�rsonwhose namc.(s)
are ubscribed to the
yin instrument and
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or the entity upon behalf
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instr- men
Witness' and : nd tl a
11
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(SIGN/ RE e( `OTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Page
El'1Crootg ter furl'► 4 ��}y
1 `--'-'e1 "Ow CONSERVATOR
-`� ❑OTHER:
Signer(s) Other Than Named Above
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y,f‘ACITY CLAIMED BY SIONER(S)
NDIVIDUALIS)
CORPORATE
OFFICERS►
mTtEs)
OPARTNER(S) OLIMITED
❑GENERAL
❑ATTORNEY IN FACT
OTRUSTEE(S)
OGUARDIAN/CONSERVATOR
❑OTHER:
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CAPACITY CLAIMED BY SIONER(S)
OINDIVIDUAL(S)
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WOLCOTTS FORM 63240 Rev. 3-94 Iprice des 8-2A) C1994 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO RNGERPRINTS
f
OPARTNER(S) OLIMITED
OGENERAL
❑ATTORNEY IN FACT
O TEE(S)
ARDIAN/C
SIGNER IS REPRESENTING:
(Name of Person(e) or Entity4ies)
7
111111111
8
1
Date of DocumentV O OC t119
EXISTING
PATIO
COVER
PROPERTY UNE 56"
EXHIBIT A
144SH. S FT.
E
25'-00
446 SO. FT.
BEDROOM &
BA THROOM
ADDITION
i
Io'-oo-
I
EXISTING
CONCRETE
DRIVEWAY
3444 NEWBERRY
STREET
PROPERTY LINE 56'
RETAIN NC WALL
! ENCROACHING
PUBLIC ROW
NEWBERRY STREET
ROAD CENTER LINE
RESOLUTION NO. 2005 — 225
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING THE RECORDATION OF
AN ENCROACHMENT AGREEMENT WITH THE PROPERTY OWNER
OF 3444 NEWBERRY STREET FOR A FRONT YARD RETAINING WALL
THAT ENCROACHES INTO THE PUBLIC RIGHT-OF-WAY
WHEREAS, Joe Hernandez, the owner of the property located at 3444 Newberry
Street, is seeking an encroachment agreement regarding his 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 Joe Hernandez, and directs the City Clerk to record the same.
PASSED and ADOPTED this 18th day of October, 2005.
Nick Inzunza, Mayor
ATTEST:
Mic ael R. DallaCity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on October
18, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City lerk of th City f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-225 of the City of National City, California, passed and
adopted by the Council of said City on October 18, 2005.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
October 18, 2005
MEETING DATE
9
AGENDA ITEM NO.
ITEM TITLE Resolution of the City of National City approving and granting an encroachment permit
in connection with the front -yard retaining wall at 3444 Newberry Street.
PREPARED BY
EXPLANATION
Mauro Nebrej a
DEPARTMENT
Engineering
EXT. 11395
Jose Hernandez and Dolores Hernandez, owners of the property at 3444 Newberry Street, applied for a
building permit for bedroom and bathroom addition. Upon inspection of the property there was a
retaining wall discovered, which is encroaching into the public right of way by 2 feet.
The Engineering Depaitinent has 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 upon the removal or relocation of the retaining wall, 2)
Apply for an "Encroachment Permit and Agreement" which includes $1,000,000 liability insurance with
City of National City as additional insured".
The owner has chosen the second option. This option would protect the City from any liability resulting
from an accident. The neighborhood has also built their retaining walls (see photos) with in the public
right-of-way. Requiring the owner to remove the wall would allow for slope erosion.
.(The owner has submitted the required $1,000,000.00 insurance policy. Staff recommends approval of the
\ enrrnarhmpnt
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECO ENDATION
N/A
ATTACHMENTS ( Listed Below )
See attachment
1"3-1 -)
Resolution No. 03005
newberry
A-200 (Rev. 7/03)
RESOLUTION NO. 2005 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING THE RECORDATION OF
AN ENCROACHMENT AGREEMENT WITH THE PROPERTY OWNER
OF 3444 NEWBERRY STREET FOR A FRONT YARD RETAINING WALL
THAT ENCROACHES INTO THE PUBLIC RIGHT-OF-WAY
WHEREAS, Joe Hernandez, the owner of the property located at 3444 Newberry
Street, is seeking an encroachment agreement regarding his 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 Joe Hernandez, and directs the City Clerk to record the same.
PASSED and ADOPTED this 18th day of October, 2005.
Nick Inzunza, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
RE: Resolution of the City of National City approving and granting an encroachment permit in
connection with the front -yard retaining wall at 3444 Newberry Street
Attachments
1. Resolution
2. Signed and notarized "Encroachment Agreement"
3. Copy of the proof of $1,000,000 liability insurance with City of National City as additional insured.
4. Exhibit "A" showing the retaining wall encroaching the public rigth of way.
5. Picture of the wall.
6. Receipt of $320.00 "Encroachment Agreement" fee.
Plegse complet4 this informaion.
RECORDIF 3 REQUESTED BY:
AND WHEW RECORDED MAIL TO:
. 1 05 (c Gxvi z
N coil() W L -s -E-
koncd c t+sj c1t95o
Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6
E v1 c c() ac (inn cz i t Pet m t k at n d G q r eenw eY1't
(Please fill in document title(s) on this line) UJ
Govt. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt. Code 27361.6
. (Additional mottling fee applies)
r
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: e — 0 S
jos G. k.A Ccfnart ag-z..
Person in Responsible Charge
(Print Name)
( 5c) �►�c -- 2S 3 53
24 hr. Phone Number
Li
OWNER/APPLICANT
JOSE G. HERNANDEZ
Printed Name & Signature
Name & Signa ' e
3444 NEWBERRY ST,
NATIONAL CITY, CA 91950
Mailing Address
619-472-0330
Phone Number
. Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JS:jha21II
PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES,
EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE
FACILITIES: SEE EXHIBIT "B" ATTACHED
A ___ ,
State of C
County of Y . O`e_%)
On 03/0 c 1e,�rr L l'ili, �o before me,
(OATEI (NAME/TITLE OF f10ERa.s.'JANE DOE, NOTARY PUBLIC')
10
personally appeared
WAMEISI F SIONERISII
dose G . f lerna.n e z_...
❑ personally known to me -OR-
SHERRY L. SMITH
Comm. f 1319649
NOTARY PUBLIC-CALIFORNIA Yl
San Dino County
/MY Comm. holm Srpt`25,200S
MEAL)
proved to me on the
basis of satisfactory
evidence to be the
Rggrsonwhose nam9(s)
,blare t ubscribed to the
hin instrument and
noj vle Jged to me that
y eceputesithe
me in
authorized ,L )
and that b i tbeir
signature n the
instrume ttheperson(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instr.. men
Witness and : nd •u al.
ATTENTION NOTARY
(SIGN, RE s[ `OTARY►
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Page
Encr[ .(;cIf?'e rrrl 14
1
RIGHT THUMBPRINT 10ptloneq
b ACITY CLAIMED BY SIONERIS)
INDIVIDUALIS)
CORPORATE
OFFICERIS)
OPARTNERIS) °LIMITED
°GENERA(.
°ATTORNEY IN FACT
OTRUSTEEIS)
OGUARDIAN/CONSERVATOR
°OTHER:
SIGNER IS REPRESENTING:
(Name of Persr o rki
Jose rn a,
RIGHT THUMBPRINT (Optional)
TOP OF THUMB HER(
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALISI
°CORPORATE
OFFICERIS)
RRtESI
°PARTNERIS) °LIMITED
°GENERAL
°ATTORNEY IN FACT
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ARDIAN/C
vw0Y`�j,
ONSERVATOR
Date of DocumentVO/(Ub� °OTHER:
"Signerls) Other Than Named Above
none
WOLCOTTS FORM 03240 Ray. 3-94 (price class 8-2A) l 1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/IWO FINGERPRINTS
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
J
7
pottppil8
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.PROPERTY UNE 56'
EXHIBIT
144sa FT.
25'-00'
7
Ir--oo-
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al
I
EXISTING
PATIO
COVER
446SO. FT.
BEDROOM &
BATHROOM
ADDITION
lo'-oo"
EXISTING
CONCRETE
DRIVEWAY
PROPERTY LINE 56.
5'
3444 NEWBERRY
STREET
i
of
if
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JTJ
• '- RETAIN NG WALL- •- h
ENCROACHING
PUBLIC ROW
NEWBERRY STREET
ROAD CENTER LINE
0
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la
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3533
3525
3517
3509
3447
3439
3431
3423
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3407
3337
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3425
3421 w 3420 1111
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3416 3413 3412
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3408 3405 W 3404 Q
3349
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TRANSMITTAL FROM ENGINEERING DE?ARTMENT
Date: %l2 AMOUNT: $ 3Zf7 .O0 Engineering Staff Name: n• /Vebre e .
Name of business or person paying: se G. iterriQ1�UG2 J
Project Name: 344+ Ale cu 6err�. Stye -t
Project Address: Sattle J
Purpose: &/ crc acii wi it C, AjrePd nen.t Fee
Account Name for T & A Accounts
X
S
ACCOUNT*
DESCRIPTION
CODE
ACCT #
320
* 001-3585-21000
Miscellaneous Revenue
N/A
N/A
//
* 001-3147-21000
Miscellaneous Permits & Aooeals
N/A
N/A
f 001-3547-21000
I Storm Water Mgmt fNPDES1
N/A
N/A
* 125-3610-7'777?
Sewer Fee
N/A
N/A
ft
I N/A
N/A
# 726-1141
Trust & Aaencv
I Performance Cash Deposit
I PCD
13000-3999
I Plan Check &/or Inspection
PC/INS?
4000-4999
I Street Imorovement Deaosit
I SID
6000-6999
I Statement of Understandinc
I SOU
17000-7900
T & A Account Number
Finance Staff Initials:
FOR FINANCE STAFF ONLY
Receipt Number
Date:
National City 2 / 13983
09/15/2005 09:30:50 Reg CASH1
Validation Receipt
CHARGES-
001-21000-3585
GF2135 MISC. USER CHARGES$
320.00
Sub -total $********320.00
PAYMENT -
Check - hernandez, dolore$ 320.00
Change $**********0.00
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
December 13, 2005
Jose G. Hernandez
3444 Newberry St.
National City, CA 91950
Dear Jose,
On October 18, 2005, the City Council adopted Resolution No. 2005-225
approving and granting an Encroachment Permit in connection with the
Front -Yard Retaining Wall at 3444 Newberry Street.
Enclosed you will find a certified copy of the above Resolution and a copy
of the Encroachment Permit and Agreement.
Sincerely,
Michael R. Dalla
City Clerk
MRD/lw
Enclosure
File No. 903-14-1
eRecycled Paper