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Home My WebLink About2006 CON Christmas in July - Encroachment Agreement - 2101 Hoover AvenueI�I PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK CAF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL. CITY 1243 National City Blvd National City, CA 91950 RE -RECORDED DOC It 200?-0090925 I!I 111,11i iII 11illl i 1 II 1 1 II JAN 10, 2007 4:04 PM ACdur::i ri i't. r;E' ihEr;;UFFiOE Iii : 1R'• .i .'tiTrl C IIIPjT( ;ECCIR Er: FEES d; no PAC,E<; II II 111110111111111111111111111111111111111111111111111111111111111 THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT AGREEMENT: With Christmas in July for placement of a trader within the city reserved street public right of way adjacent to their property at 2101 Hoover Avenue Rerecording — incorrect Resolution (2006-134) previously submitted . Correct Resolution is (2006-153) (Please till in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Engineering 8/1/2006 Resolution No. 2006-153 File Number II :.r PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 8319 Dip I (Ion ENCROACHMENT AGREEMENT: DtC # 2006-0594343 �111111111 Hill Ilill IINI IIIII IIIII iHII IIIII IIIII Hill IIIII 1111 �111 AUG 21, 2006 2:06 PM OFFICIAL RECORDS AN DIEGO COUNTY RECORDER'S OFFICE DREG!'RY..I SMITH. COUNTY RECORDER FEES- 000 PAGES_ 9 111110111110111111111101111111111111111111 2006-0594343 TH/S SPACE FOR RECORDER'S USE ONLY With Christmas in July for placement of a trailer within the city reserved street public right of way adjacent to their property at 2101 Hoover Avenue (Please fill In document title(s) on this line) THIS PAGE ADDED': o PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Engineering 8/1/2006 Resolution No. 2006-153 File Number 8320 FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, 6 154-144d 5 i. 7 (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 EXI IIBIT 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 he 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, 8321 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. 8322 FOR TIIE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: y / '2,0 Q fj 6Nt wl Person in esponsible Charge (Print Name) 6« - goc - Sa tZ 24 hr. Phone Number NA-6 (*At- C _m Firm Name O WNER/APPLI d.1(14 CANT n° /1)00s,e_, Li+ e I( el4YJ4yi Printed Name & Signature '-ru / 4Q 60q Signature / _ wM n,,JAL. C‘ly 7 Mailing Address /!cy-q7'7-5532, Phone Number . Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JSjha2I11 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES. EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED 8323 State of California County of San Dien On WI y IS, Q-001D , before me,/ C.cal!Ia kirk personally appeared CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ctnci- Fiorr-s personally known to me - or - ✓proved to me on the basis of satisfactory evidence: i rtn(s) of iccntif catic,i C11 Dt. A0c 3g3r7' re(iihle w tness(es) 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 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. 1 • MET ROM rwar MIG-� aAN't (Seal) WITNESS my hand and official seal. OPTIONAL INFORMATION Although the nfo!mutiutr in this serrinn IS not required by low, It could prevent- fraudulent removal and rcuiiuchrrent of this ULk,1U'Jwe00ment (0 an unauthorized do:_u !Lr!I and may prove useful t0 person; !dying On the arrarhed document. Description of Attached Document I he preceding =ertificate o' Acknowledgment is attached to a document titled/for the purpose of Err !ccnscvlt containing 3 pages, aoci (laced 3011 Tht ;i(gner(s) caoacity or autnori-y is/art a; IrdF.'idua Al tc, my in-F-a7t :.o(puate 0tticer;ti Cwd,dwr', C.or'scrvator I.n' i IC( I/C,e'lerai Irss'e.;s ()t-er: representinc,: No Additional Information S .'J •.up -r L7',Jt7•r f,4K kw Ay 8' SitOALK 6' o` �\ C oC-G ee , �\ ��x6o, 631 13 / Christmas in July * National City 2101 Hoover Avenue Tel: (619) 477-5532 Fax: (619) 477-5006 E-mail: christmasinjulync@u,yahoo.com S'17 v.)4rK 'WLelec.(Jf7V '564- r3R<-4. ArrTAowE1lT A f-/ 00 ✓G+2- ,4 (/E Christmas in July * National City 2101 Hoover Avenue Tel: (619) 477-5532 Fax: (619) 477-5006 E-mail: ehristmasiniulync@,yahoo.com o- ' b ' IuJdi- JVE 1. C 5 aFFcc- ,,� tJxba ('3' 133' 5-3' a1 '#stRE�t b' V60a4-k S' Pr.04 ,>14-1 ' se+134 A RESOLUTION NO. 2006 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH CHRISTMAS IN JULY FOR PLACEMENT OF A TRAILER WITHIN THE CITY RESERVED STREET PUBLIC RIGHT-OF-WAY ADJACENT TO THEIR PROPERTY LOCATED AT 2101 HOOVER AVENUE WHEREAS, Christmas in July obtained a building permit to construct a new facility on the property located as 2101 Hoover Avenue, which will require the relocation of their current facility, 12-foot wide by sixty -foot long trailer, until the construction of the new building is complete; and WHEREAS, Christmas in July is seeking an encroachment agreement to park a trailer in the reserved street public right-of-way adjacent to their property located at 2101 Hoover Avenue; and WHEREAS, the proposed location of the trailer will not interfere with any other property or business, and will be positioned to allow vehicles to turn at the intersection of Hoover Avenue and West 21st Street; and 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 Cecilia Kirk, and directs the City Clerk to record the same. PASSED and ADOPTED this 1st day of August, 2006. 4/0 Nick n4?-1) , Mayor ATTEST: Mi el Dalla, ty 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 August 1, 2006, by the following vote, to -wit: Ayes: Councilmembers: Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-153 of the City of National City, California, passed and adopted by the Council of said City on August 1, 2006. City CI rk of the City of tional City, California By: Deputy Vo2J-\`1-\ MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 1, 2006 5 AGENDA ITEM NO. /JTEM TITLE Resolution of the City of National approving and authorizing the recordation of an encroachment agreement with Christmas in July for placement of a trailer within the City reserved street right-of-way of the 100 block of west 21 st Street. PREPARED BY Charles Nissley DEPARTMENT Engineering EXT.4396 EXPLANATION Christmas in July National City, who is currently leasing the property located at 2101 Hoover Avenue, is seeking an encroachment permit to park a trailer in the street right-of-way along the 100 block of Hoover Avenue. Christmas in July has obtained a building permit to construct a new facility on the property at 2101 Hoover Avenue; however this will require the relocation of the current facility, a twelve foot wide by sixty foot long trailer. Christmas in July will require the use of this trailer until the construction of the new building is complete. They are requesting an encroachment agreement be approved to place the trailer in the street right-of-way adjacent to their property as shown in Attachment A. The proposed location of the trailer will not interfere with any other property or business. The trailer will be placed to allow vehicles to turn at the intersection of Hoover Avenue and W. 21 st Street. This encroachment agreement shall be for approximately thirty days and the owner of the trailer shall remove it from the street within seventy-two hours of a Certificate of Occupancy being issued by the City of National City for the new building. X C Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution lution / BOARD / COMMISSItiN RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Attachment A 3. Insurance Resolution No. Rio - 11-1-I A-200 (Rev. 7/0$hristmas 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 September 20, 2006 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 resubmitting the following document to be rerecorded: ENCROACHMENT AGREEMENT: with Christmas in July and RESOLUTION NO. 2006-153 approving and authorizing the recordation of an encroachment agreement with Christmas in July. The original document submitted for recording included the wrong Resolution (No. 2006-134). 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 Enclosure cc: Engineering File No. 903-14-1 ® Recycled Paper