HomeMy WebLinkAbout2008 CON (Encroachment Agreement) Marina Gateway - Parking Spaces Marina DrivePLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
CITY CLERK OF NATIONAL CITY
1243 National City I31vd
National City, CA 91950
AND WHEN RECORDED MAIL TO:
CITY CI.F.RK OF NATIONAL CITY
1243 National City Blvd
National City, CA 91950
DCC # 2008-0221862
fII ItIl fil I III I IIIII IIIII IIIII IIIII !IIII IIIII IIIII IIIII I I11I IIII IIII
APR 25, 2008 1:31 PM
OFFICIAL RECORDS
')AN DIEGO COON ( r' RECORDER OFFICE
GREL;1-1RY•J. E1.41TH COUNTY RECORDER
FEES. 59.00
PAGES: 17
1 IIIlI 11111111 Ilill IIII Hill Ills 1111 II11 Il11111111111111111l 111111
THIS SPACE FOR RECORDERS USE ONLY
ENCROACHMENT AGREEMENT: WITH MARINA GATEWAY
DEVELOPMENT COMPANY, LLC FOR THE INSTALLATION AND
MAINTENANCE OF PARKING SPACES FOR PUBLIC USE WITHIN
THE CITY RESERVED RIGHT-OF-WAY OF MARINA DRIVE.
(Please fill in document title(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
FEE: $320.00
ENCROACHMENT PERMIT AND AGREEMENT
The City Of National City hereby grants an Encroachment Permit to the undersigned,
MARINA GATEWAY orVELOPMENI COMPANY. LLC (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 C{ Y 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 he 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 he maintained in a sate 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 he 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 he 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.
FORTH ' Y OF TIONAL CITY
Name:
mirDti
AGREED AND ACCEPTED:
Dated: / ' PR .5 ' 2oo
MIKE RooKUS
Person in Responsible Charge
(Print Name)
(c .322- i382
24hr. Phone Number
SCt& ,t6A1. f oPMOr
OWNER/APPLICANT
MARINA GATEWAY I)EVELOPMEN1'
COMPANY, I.I.0
Printed Name & Signature
Bv: MRW GROUP, INC.. Managing Member
-1414
Ivar Leetma, Chief Operating Officer
Printed Name & Signature
922 West 23rd Street
Suite 200
National City, California 91950
Mailing Address
619-474-1450
Firm Name Phone Number
Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JSjha2111
PLAT SIIOWING LOCATION OF BUILDING OR OTHER STRUC"PURLS,
EASEMENTS OR RIG}I'l'-OF-WAY AND SEWER AND/OR DRAINANGE
FACILITIES: SEE EXIIIBIT " B" ATTACHED.
California All -Purpose Acknowledgement
State of California
County of San Diego
On April 8, 2008 before me, Charles A. Nisslev Jr. Notary Public
Name & Title of Officer
personally appeared 1.44.(2-
who proved to me on the basis of satisfactory evidence to be the personf er
whose nameFs7 is/are subscribed to the within instrument and acknowledged to
me that he s -,mercy executed the same in hisfef#f eir authorized capacity{ies);
& that by his4ter1their signature s4s) on the instrument the person(-s3, or the entity
upon behalf of which the persons}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true & correct.
WITNESS my hand & official seal
Signature of Notary Pub
Optional Information
Description of Attached Document:
Title or Type of Document: +,iG2D11.(Nt-Iptu 4ClRE:Mt= s (
• Cliej nrsetFY JR.
5
`l .")
COMM. 01755224
Nary m
SNI MOO COUNTY "
NY Gam bt Alta
Notary Seal
Document Date:
Other information:
Number of Pages:
EXHIBIT A
PARCEL 1: (APN 559-117-14 & 15)
TIIAT PORTION OF BLOCK 281 OF NATIONAL CITY, IN TIIE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 348, FILED IN THE. OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, OCTOBER 2, 1882, INCLUDING A PORTION OF THE ALLEY AS
VACATED BY RESOLUTION AUTHORIZING EXECUTION OF AN ORDER OF
VACATION OF AN UNIMPROVED PORTION OF CLEVELANI) AVENUE AND AN
UNIMPROVED ALI.EY SOUTH OF BAY MARINA DRIVE AND EAST OF MARINA WAY
RECORDED AUGUST 16, 2007 AS INSTRUMENT NO. 2007-0548712, OF OFFICIAL
RECORDS IN SAID BLOCK 281, DESCRIBED IN PARCELS A AND B BELOW.
PARCEL "A": (APN 559-117-14)
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 281 OF NATIONAL
CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP 'THEREOF NO. 348 COMPILED FOR THE SAN DIEGO LAND & TOWN COMPANY
AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON OCTOBER 2, 1882, THENCE SOUTH 19° 06' EAST ALONG THE EASTERLY LINE OF
SAID BLOCK 281, A DISTANCE OF 250 FEET TO THE MOST EASTERLY CORNER OF
SAID BLOCK 281; TIIENCE SOUTH 71° 00' WEST ALONG THE SOUTHERLY LINE OF
SAID BLOCK 281 A DISTANCE OF 224.44 FEET TO A LINE THAT IS CONCENTRIC
WITH AND 12 FEET SOUTHEASTERLY MEASURED RADIALLY FROM TIIE CENTER
LINE OF TIIE MAIN TRACK OF TIIE CORONADO BRANCH OF THE SAN DIEGO AND
ARIZONA EASTERN RAILWAY COMPANY; THENCE NORTHEASTERLY ALONG
SAID CONCENTRIC LINE FROM A TANGENT THAT BEARS NORTH 6° 05' EAST ON A
CURVE TO TIIE RIGHT HAVING A RADIUS OF 449.73 FEET - THE CHORD OF SAID
CURVE BEARS NORTH 16° 20' 40" EAST 160.22 FEET- AN ARC DISTANCE OF 161.08
FEET; THENCE NORTH 26° 36' 20" EAST PARALLEL WITH AND 12 FEET
SOUTHEASTERLY AT RIGHT ANGLES FROM SAID CENTER LINE OF MAIN TRACK
OF SAID CORONADO BEACH TANGENT TO LAST DESCRIBED CURVE AT LAST
MENTIONED POINT, 70.19 FEET; 'THENCE NORTHEASTERLY ALONG A LINE
CONCENTRIC WITH AND 12 FEET SOUTHEASTERLY MEASURED RADIALLY FROM
SAID CENTER LINE OF MAIN TRACK OF SAID CORONADO BRANCH, ON A CURVE
TO THE LEFT TANGENT TO LAST DESCRIBED COURSE A'I' LAST MENTIONED
POINT, IIAVING A RADIUS OF 473.73 FEET -TIIE CHORD OF SAID CURVE BEARS
NORTH 21° 03' 04" EAST 91.71 FEET- AN ARC DISTANT OF 91.85 FEET TO TIIE.
NORTHERLY LINE OF SAID BLOCK 281; THENCE NORTH 71°00' EAST ALONG SAID
NORTHERLY LINE OF BLOCK 281 A DISTANCE OF 22.14 FEET POINT OF
BEGINN ING.
Exhibit A
Page 1 of 8
PARCEL "B": (APN 559-117-15)
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID BLOCK 281 THAT IS
SOUTH 71° 00' WEST ALONG SAID NORTHERLY LINE 51.64 FEET FROM THE MOST
NORTHERLY CORNER OF SAID BLOCK 281, SAID POINT IS ALSO IN A LINE THAT IS
CONCENTRIC WITII AND 12 FEET NORTHWESTERLY MEASURED RADIALLY FROM
THE CENTER LINE OF THE MAIN TRACK OF THE CORONADO BRANCH OF THE SAN
DIEGO AND ARIZONA EASTERN RAILWAY COMPANY: TIIENCE SOUTHWESTERLY
ALONG SAID CONCENTRIC LINE FROM A TANGENT THAT BEARS SOUTH 17°37' 32"
WEST ON A CURVE TO THE RIGIIT HAVING A RADIUS OF 449.73 FEET -THE CIIORD
OF SAID CURVE BEARS SOUTH 22° 06' 56" WES1' 70.41 FEET- AN ARC DISTANCE OF
70.49 FEET; THENCE SOUTH 26° 36' 20" WEST PARALLEL WITH AND 12 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM SAID CENTER LINE OF MAIN 'TRACK
OF SAID CORONADO BEACII, TANGENT TO LAST DESCRIBED CURVE AT LAST
MENTIONED POINT 70.19 FEET; THENCE NORTII 86° 39' 10" WEST 0.50 FEET TO A
LINE THAT IS CONCENTRIC WITH ANL) 12 FEET EASTERLY MEASURED RADIALLY
FROM THE CENTER LINE OF A SPUR TRACK OF THE SAN DIEGO AND ARIZONA
EASTERN RAILWAY COMPANY; TIIFNCE NORTHERLY ALONG SAID CONCENTRIC
LINE FROM A TANGENT THAT' BEARS NORTH 3° 20' 50" EAST ON A CURVE TO THE
LEFT, HAVING A RADIUS OF 471.28 FEET -TIIE CHORD OF SAID CURVE BEARS
NORTH 3° 06' 40" WEST 106.02 FEET- AN ARC DISTANCE OF 106.24 FEET 1'O TIIE
SAID NORTHERLY LINE OF BLOCK 281; THENCE NORTII 71°00' EAS1' ALONG SAID
NORTHERLY LINE OF BLOCK 281 A DISTANCE OF 67.88 FEET POINT' OF
BEGINNING.
TOGETIIER WITH THOSE PORTIONS OF TIIE NORTII ONE-HALF OF 25TH STREET
AND THE WEST ONE-HALF OF CLEVELAND AVENUE, FORMERLY 8TII AVENUE IF
ANY, AS CLOSED BY RESOLUTION NO. 12268 OF THE CITY OF NATIONAL CITY,
RECORDED FEBRUARY 28, 1977 AS DOCUMENT NO. 72282 OF OFFICIAL RECORDS.
WHICH REVERT BY OPERATION OF' LAW TO SAID PARCELS "A" AND "B" ABOVE.
EXCEPTING TIIERE:FROM THE EASTERLY FOURTEEN FEET OF CLEVELAND
AVENUE (FORMERLY 8TII AVENUE) ADJACENT TO THE WESTERLY LINE OF
VACATED FORTY FOOT CLEVELAND AVENUE AND BETWEEN THE SOUTHERLY
LINE OF TWENTY-FOURTH STREET AND THE SOUTHERLY LINE OF TWENTY-FIFTH
STREET AS SHOWN ON SAID MAP 348, AS RESERVED FROM SAID VACATION IN
SAID DOCUMENT.
Exhibit A
Page 2 of 8
EXCEPTING FROM PARCELS 1 "A" AND "B" HEREINBEFORE DESCRIBED ANY
PORTION LYING WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the most Westerly corner of Block 281 of National City, in the City of National
City. County of San Diego, State of California, according to Map thereof No. 348 as described in
a deed to the San Diego Unified Port District recorded in the Office of San Diego County on
January 21, 2000 as Document No. 2000-0031951; thence along the Northerly line of said Block
281 and the prolongation thereof North 72°16'0l" East (North 71°00' East per deed) 310.11 feet
to a point on the Westerly line of Record of Survey 14314 filed in the Office of said County
Recorder; thence along said Westerly line the following courses: South 17°43'59" East (South
17°45'40" East per Record of Survey) 0.53 feet; thence South 88°45'41" East 182.19 feet; thence
South 79°42'01" East 5025 feet; thence leaving said Westerly line South 88°56'50" West 107.15
feet to the beginning of a tangent 300.00 foot radius curve concave Southerly: thence Westerly
along the arc of said curve through a central angle of 16°40'49" a distance of 87.34 feet; thence
South 72°16'O1" West 77.89 feet; thence North 35°14'08" West 11.53 feet; thence South
72°16'0l" West 256.63 feet to the Westerly line of said Port District lands; thence along said
Westerly line North 17°45'41" West 29.00 feet to the Point of Beginning.
PARCEL 2: (APN 559-160-03)
TIIE WESTERLY 125.00 FEET (MEASURED AT RIGHT ANGLES TO THE WESTERLY
LINE THEREOF) OF TRACT "A" OF TIIE CHAMBER OF COMMERCE INDUSTRIAL
LANDS NO. 1 IN TILE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1731, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 9, 1922. TOGETHER WITH
THOSE PORTIONS OF 8TH AVENUE, ADJOINING SAID TRACT "A" ON THE WEST. AS
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION 1064 OF THE BOARD
TRUSTEES OF THE CITY OF NATIONAL CITY, SAID PORTIONS BEING DESCRIBED
AS FOLLOWS:
THAT PORTION OF THE EASTERLY 40.00 FEET OF SAID 8TII AVENUE, LYING
SOUTHERLY OF TIIE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF'
SAID TRACT "A"; AND NORTHERLY OF THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF 25TH STREET, AND THAT PORTION OF THE EAST HALF OF
SAID 8TH AVENUE LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF
25T1I STREET, AND NORTHERLY OF THE WESTERLY PROLONGATION OF' TIIE
SOUTHERLY LINE OF SA1D TRACT "A".
EXCEPTING FROM PARCEL 2 IIEREINBEFORE DESCRIBED ANY PORTION LYING
WITHIN THE LAND DESCRIBED AS FOLLOWS:
Exhibit A
Page 3of8
•
Beginning at the Easterly terminus of thatcourse shown as North 72°16'11" East 334.43 feet on
Record of Survey No. 11749, on file in the Office of the San Diego County Recorder; thence
along said course, being the Northerly line of said Record of Survey South 72°16'11" West
300.00 feet to the Westerly line of that land described in a Final Order of Condemnation,
recorded March 13, 2001 as Document No. 2001-0144969 of San Diego County Official
Records; thence along said Westerly line North 17°45'41" West 66.65 feet; thence North
72°11'50" East 264.26 feet; thence North 09°01'47" East 34.85 feet; thence North 17°48'10"
West 124.80 feet; thence North 72°15'57" East 62.93 feet: thence North 56°18'15" East 31.05
feet; thence South 33°41'45" East 47.00 feet; thence North 56°18'15" East 40.31 feet to the
beginning of a tangent 152.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 33°39'31" a distance of 89.29 feet; thence
North 22°38'44" Fast 182.94 feet to a point on the Westerly line of Record of Survey 14314,
filed in the Office of said County Recorder; thence along said Westerly line the following
courses: South 31°12'43" East (South 31°19'37" East per Record of Survey) 145.51 feet; thence
South 30°11'09" West 66.08 feet; thence South 27°11'04" East 34.37 feet to the Northerly line of
said Record of Survey No. 11749; thence along said Northerly line the following courses: South
72°18'29" West (South 72°16'11" West per Record of Survey) 307.22 feet; thence South
17°43' 17" East 164.90 feet to the Point of Beginning.
PARCEL 3: (APN 559-160-09 & 21)
ALL THOSE PORTIONS OF TRACTS "A" AND "B" OF CHAMBER OF COMMERCE
INDUSTRIAL LANDS NO. 1. ACCORDING TO MAP THEREOF NO. 1731, AND LOTS 1
THROUGH 5, 18, 19, 20, 23 AND 24 IN BLOCK 232 OF NATIONAL CITY, ACCORDING
TO MAP THEREOF NO. 348, SAID MAPS BEING IN THE CITY OF NATIONAL CITY.
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND FILED IN TIIE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH TIIAT
PORTION OF THE EASTERLY 40.00 FEET OF 8TH AVENUE, LYING WESTERLY OF
AND ADJOINING SAID LOTS 1 THROUGH 5 OF SAID MAP NO. 348, LYING
WESTERLY AND SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID 'TRACT "A", SAID POINT
BEING THE SOUTHEAST CORNER OF THE LAND I)ESCRIBEI) 1N THE DIRECTOR'S
DEED TO C & M MEAT PACKING CORP., A CALIFORNIA CORPORATION,
RECORDED FEBRUARY 28, 1968. AS FILE/PAGE NUMBER .34172 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAND; NORTH 27° 10' 57"
WEST 34.34 FEET; NORTH 30° 11' 05" EAST 66.08 FEET; NORTH 31° 19' 37" WEST 268.23
FEET; NORTII 79° 41' 54" WEST 120.04 FEET; AND NORTH 88° 45' 34" WEST TO A
POINT ON TIIE WESTERLY LINE OF SAID LOT 23, SAID POINT ALSO BEING THE
MOST SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA, RECORDED DECEMBER 8, 1961, AS FILE/PAGE NUMBER
212155 OF OFFICIAL RECORDS, THENCE ALONG THE SOUTIIERLY BOUNDARY OF
SAID S'TATE'S LAND. NORTH 88° 45' 34" WEST.
Exhibit A
Page 4 of 8
EXCEPTING THEREFROM THE WESTERLY 125.00 FEET (MEASURED AT RIGHT
ANGLES TO THE WESTERLY LINE TIIF,REOF) OF TRACT "A" OF THE CHAMBER OF
COMMERCE INDUSTRIAL LANDS NO. 1 IN THE CITY OF NATIONAL CITY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING 'I'O MAP THEREOF NO. 1731,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE
9. 1922.
ALSO EXCEPTING TIEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE
NORTHERLY LINE OF LAND CONVEYED TO THE UNITED STATES OF AMERICA BY
GRANT DEED RECORDED AUGUST 12, 1988 AS FILE NO. 88-399671 OF OFFICIAL
RECORDS, SAID LAND BEING SHOWN ON RECORD OF SURVEY MAP NO. 11749
FILED AUGUST 10, 1988 AS FILE NO. 88-394302 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THAT PORTION LYING WITHIN LOTS 18. 19, 20 AND 23 IN
BLOCK 232 THE TITLE AND EXCLUSIVE RIGHT TO ALL OF TIIE MINERALS AND
MINERAL ORES OF EVERY KIND AND CIIARACTER NOW KNOWN TO EXIST OR
HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND OR THAT
MAY BE PRODUCED THEREFROM INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND
OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM,
TOGETHER WITH '1'HE EXCLUSIVE ANI) PERPETUAL RIGHT OF SAID GRANTOR, ITS
SUCCESSORS ANI) ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE
OF SAID LAND TO EXPLORE FOR, EXTRACT, MINE AND REMOVE TIIE SAME, AND
TO MAKE SUCH USE OF THE SAID LAND BENEATH THE SURFACE AS IS
NECESSARY OR USEFUL IN CONNECTION THEREWITH. WHICH USE MAY INCLUDE
LATERAL OR SLANT DRILLING, BORING, DIGGING OR SINKING OF WELLS,
SHAFTS OR TUNNELS: PROVIDED, IIOWEVER, THAT SAID GRANTOR, ITS
SUCCESSORS AND ASSIGNS, SIIALL NOT USE THE SURFACE OF SAID LAND IN THE
EXERCISE OF ANY OF SAID RIGHTS, AND SHALL NOT DISTURB THE SURFACE OF
SAID LAND OR ANY IMPROVEMENTS THEREON.
EXCEPTING FROM PARCEL 3 HEREINBEFORE DESCRIBED ANY PORTION LYING
WITIIIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the most Westerly corner of Block 281 of National City. in the City of National
City, County of San Diego, State of California, according to Map thereof No. 348 as described in
a deed to the San Diego Unified Port District recorded in the Office of San Diego County on
January 21, 2000 as Document No. 2000-0031951; thence along the Northerly line of said Block
281 and the prolongation thereof North 72° 16'01" East (North 71°00' East per deed) 310.11 feet
to a point on the Westerly line of Record of Survey 14314 filed in the Office of said County
Recorder; thence along said Westerly line the following courses: South 17°43'59" East (South
1.7°45'40" East per Record of Survey) 0.53 feet; thence South 88°45'41" East 182.19 feet; thence
South 79°42'O1" East 50.25 feet; thence leaving said Westerly line South 88°56'50" West 107.15
Exhibit A
Page 5 of 8
feet to the beginning of a tangent 300.00 foot radius curve concave Southerly; thence Westerly
along the arc of said curve through a central angle of 16°40'49" a distance of 87.34 feet; thence
South 72°16'O1" West 77.89 feet; thence North 35°14'08" West 11.53 feet; thence South
72°16'01" West 256.63 feet to the Westerly line of said Port District lands; thence along said
Westerly line North 17°45'41" West 29.00 feet to the Point of Beginning.
FURTIIER EXCEPTING FROM PARCEL 2 IIEREINBEFORE DESCRIBED ANY PORTION
LYING WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the Easterly terminus of that course shown as North 72°16'11" East 334.43 feet on
Record of Survey No. 11749, on file in the Office of the San Diego County Recorder; thence
along said course, being the Northerly line of said Record of Survey South 72°16' 11" West
300.00 feet to the Westerly line of that land described in a Final Order of Condemnation,
recorded March 13, 2001 as Document No. 2001-0144969 of San Diego County Official
Records; thence along said Westerly line North 17°45'41" West 66.65 feet; thence North
72°11'50" East 264.26 feet; thence North 09°01'47" East 34.85 feet; thence North 17°48' 10"
West 124.80 feet; thence North 72°15'57" Fast 62.93 feet; thence North 56°18'15" Fast 31.05
feet; thence South 33°41'45" East 47.00 feet: thence North 56°18'15" East 40.31 feet to the
beginning of a tangent 152.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 33°39'31"a distance of 89.29 feet: thence
North 22°38'44" East 182.94 feet to a point on the Westerly line of Record of Survey 14314,
filed in the Office of said County Recorder; thence along said Westerly line the following
courses: South 31°12'43" East (South 31°19'37" Fast per Record of Survey) 1.45.51 feet; thence
South 30°11'09" West 66.08 feet; thence South 27°11.'04" East 34.37 feet to the Northerly line of
said Record of Survey No. 11749; thence along said Northerly line the following courses: South
72°18'29" West (South 72°16'11" West per Record of Survey) 307.22 feet; thence South
17°43'17" East 164.90 feet to the Point of Beginning.
PARCEL 4: (ASSESSOR'S PARCEL NO. 559-117-09) INTENTIONAI.I.Y OMITTED.
PARCEL 5: (APN: 559-160-11)
LOTS 1 TO 10 INCLUSIVE, AND LOTS 13 TO 22, INCLUSIVE, BLOCK 282 OF
NATIONAL CITY, IN TIIE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING '1'O MAP NO. 348, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF' SAN DIEGO COUNTY, OCTOBER 2, 1882.
ALSO TIIE WESTERLY 50.00 FEET OF 8TH AVENUE ADJOINING THE ABOVE BLOCK
ON THE EAST, AND TIIF. NORTHERLY 40.00 FEET OF 26TH STREET ADJOINING ON
THE SOUTII TOGETHER WITII THF. ALLEY IN SAID BLOCK, AS CLOSED BY
RESOLUTION NO. 1064 ON JULY 20, 1926. ALSO THAT PORTION OF' THE SOUTH
HALF OF 25TI1 STREET ADJOINING SAID BLOCK 282 ON THE NORTH AND LYING
Exhibit A
Page 6 of 8
BETWEEN TIIE NORTHWESTERLY PROLONGATION OF THE EASTERLY AND
WESTERLY LINES OF SAID BLOCK 282.
EXCEPTING FROM PARCEL 5 HEREINBF.FORE DESCRIBED ANY PORTION LYING
WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the Easterly terminus of that course shown as North 72°16'11" East 334.43 feet on
Record of Survey No. 11749, on file in the Office of the San Diego County Recorder; thence
along said course, being the Northerly line of said Record of Survey South 72°16'11" West
300.00 feet to the Westerly line of that land described in a Final Order of Condemnation,
recorded March 13, 2001 as Document No. 2001-0144969 of San Diego County Official
Records; thence along said Westerly line North 17°45'41" West 66.65 feet; thence North
72°11'50" East 264.26 feet; thence North 09°01'47" East 34.85 feet; thence North 17°48' 10"
West 124.80 feet: thence North 72° 15' 57" East 62.93 feet; thence North 56°18' 15" East 31.05
feet; thence South 33°41'45" East 47.00 feet; thence North 56°18'15" East 40.31 feet to the
beginning of a tangent 152.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 33°39'31"a distance of 89.29 feet; thence
North 22°38'44" East 182.94 feet to a point on the Westerly line of Record of Survey 14314,
filed in the Office of said County Recorder; thence along said Westerly line the following
courses: South 31°12'43" East (South 31°19'37" East per Record of Survey) 145.51 feet; thence
South 30°11'09" West 66.08 feet; thencc South 27°11'04" East 34.37 feet to the Northerly line of
said Record of Survey No. 11749; thence along said Northerly line the following courses: South
72°18'29" West (South 72°16'l 1" West per Record of Survey) 307.22 feet; thence South
17°43'17" East 164.90 feet to the Point of Beginning.
PARCEL 6:
ALL THAT PORTION OF CLEVELAND AVENUE (FORMERLY 8TH AVENUE) AS
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 12268 OF THE CITY
OF NATIONAL CITY RECORDED FEBRUARY 28, 1977 AS FILE NO. 77-072282,
OFFICIAL RECORDS, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE
CENTER LINE OF 25TH STREET AND LYING NORTIIF.RLY OF THE EASTERLY
EXTENSION OF THE SOUTHERLY LINE OF SAIL) 25TH STREET, IN THE CITY OF
NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 348. FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, OCTOBER 2, 1882.
EXCEPTING THEREFROM THE EASTERLY FOURTEEN FEET OF CLEVELAND
AVENUE (FORMERLY 8T11 AVENUE) ADJACENT TO THE WESTERLY LINE OF
VACATED FORTY FOOT CLEVELAND AVENUE AND BETWEEN THE SOUTHERLY
LINE OF TWENTY-FOURTH STREET AND THE SOUTHERLY LINE OF TWENTY-FIFTH
STREET AS SIIOWN ON SAID MAP 348, AS RESERVED FROM SAID VACATION IN
SAID DOCUMENT.
Exhibit A
Page 7 of 8
r
PARCEL 7:
TIIE EASTERLY 14 FEET OF THAT PORTION OF CLEVELAND AVENUE (FORMERLY
EIGIITII AVENUE), IN TIIE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 2, 1882,
ADJACENT TO THE WESTERLY LINE OF VACATED EASTERLY FORTY FEET OF
SAID CLEVELAND AVENUE (FORMERLY EIGHTII AVENUE), LYING BETWEEN TIIE
SOUTIIERLY LINE OF 24TH STREET AND THE SOUTIIERLY LINE OF 251'H STREET,
AS RESERVED FROM VACATION IN THAT CERTAIN ORDER OF VACATION
RECORDED FEBRUARY 28, 1977 AS FILE NO. 77-072282, OFFICIAL RECORDS, AS
SUBSEQUENTLY VACATED AND CLOSED '1'O PUBLIC USE BY RESOLUTION
AU'1'HORIZING EXECUTION OF AN ORDER OF VACATION OF AN UNIMPROVED
PORTION OF CLEVELAND AVENUE AND AN UNIMPROVED ALLEY SOUTH OF
MARINA BAY DRIVE AND EAST OF MARINA WAY, RECORDED AUGUST 16, 2007 AS
FILE NO. 2007-0548712, OFFICIAL RECORDS.
EXCEPTING FROM PARCEL 7 HFREINBEFORE DESCRIBED ANY PORTION LYING
WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the most Westerly corner of Block 281 of National City, in the City of National
City, County of San Diego, State of California. according to Map thereof No. 348 as described in
a deed to the San Diego Unified Port District recorded in the Office of San Diego County on
January 21, 2000 as Document No. 2000-0031951; thence along the Northerly line of said Block
281 and the prolongation thereof North 72°16'O1" East (North 71°00' East per deed) 310.11 feet
to a point on the Westerly line of Record of Survey 14314 filed in the Office of said County
Recorder; thence along said Westerly line the following courses: South 17°43'59" East (South
17°45'40" East per Record of Survey) 0.53 feet: thence South 88°45'41" East 182.19 feet: thence
South 79°42'01" East 5025 feet; thence leaving said Westerly line South 88°56'50" West 107.15
feet to the beginning of a tangent 300.00 foot radius curve concave Southerly; thence Westerly
along the arc of said curve through a central angle of 16°40'49" a distance of 87.34 feet; thence
South 72°16'01" West 77.89 feet: thence North 35°14'08" West 11.53 feet; thence South
72°16'O1" West 256.63 feet to the Westerly line of said Port District lands; thence along said
Westerly line North 17°45'41" West 29.00 feet to the Point of Beginning.
END OF' LEGAL DESCRIPTION
Exhibit A
Page 8 of 8
1
EXHIBIT B
J-14497A
(ENCROACHMENT PARCEL)
parcel "E"
That portion of Marina Way (Harrison Avenue) adjoining Block 281 of National
City, in the City of National City, County of San Diego, State of California,
according to Map thereof No. 348, filed in the Office of the County Recorder of
San Diego County October 2, 1882, described as follows:
Commencing at the Northwesterly corner of said Block 281; thence along the
Westerly line thereof South 17°45'41" East 184.04 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Westerly line South 17°45'41" East
65.00 feet; thence leaving said line South 72°14'19" West 20.00 feet; thence
North 17°45'41" West 65.00 feet; thence North 72°14'19" East 20.00 feet to the
TRUE POINT OF BEGINNING.
Containing 0.030 acres, more or Tess.
Patrick A. McMichael, L.S. 6187 Date
Jb/14497a.001
l"7
N7274'19"E
20.0 '
20.00'
N7274'19"E
EXHIBIT "B"
BAY MARINA DRIVE
P.O.C.
N.W. COR. BLOCK 281
BLOCK 28 I
MAP 348
25TH STREET
( VACATED 1
LEGEND
(24TH STREET )
ONV73i1373
rn
rn
40 20 0
SCALE 1'1= 40'
INDICATES PARCEL "E"
ENCROACHMENT PARCEL, 0.030 ACRES
P.O.C. INDICATES POINT OF COMMENCEMENT
T.P.O.B. INDICA TES TRUE POINT OF BEGINNING
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS DRAWING
IS A PORTION OF THE NORTHERLY LINE OF
RECORD OF SURVEY MAP NO. 11749.
I.E. N72' 16'11'E.
RICK
J. 15173
5620 FRIARS ROAD
SAN DIEGO, CA 92110
619.291.0707
ENGINEERING COMPANY (FAX)619.291.4165
2 Zs-zmo`
PATRICK A. McMICHAEL. LS 6187 DATE
CD
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w•._cao-a..I \chHvcoo' u.k..nt.0Y-i00.s.0rwv p.camr.l.otaac_vf_aas, tbac VDlonco.a.o
15-fE.-2004 a. {+
ENCROACHMENT PARCEL
OVERA PORT/ON OFMARINA WAY
(HARRISON AVENUE) /N THE
CITY OFNATIONAL an
COUNTY OFSAN DIEGO,
STATE OF CAL/FORNIA
RESOLUTION NO. 2008 — 40
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
AND AUTHORIZING THE RECORDATION OF
AN ENCROACHMENT AGREEMENT WITH
MARINA GATEWAY DEVELOPMENT COMPANY, LLC
FOR THE INSTALLATION AND MAINTENANCE OF
PARKING SPACES FOR PUBLIC USE WITHIN
THE CITY RESERVED RIGHT-OF-WAY OF MARINA DRIVE
WHEREAS, Marina Gateway Development Company, LLC (MGDC) obtained
approval to develop the site located at the corner of Bay Marina Way and Marina Drive into a
hotel and commercial area; and
WHEREAS, the conditions for the development of the site, as set forth in the
Harbor District Specific Area Plan, and the conditions of approval pursuant to the Coastal
Development Permit, require ten public parking spaces for the National City Rail Car Museum;
and
WHEREAS, in order to facilitate the Rail Car Museum and meet the existing
Railroad right-of-way clearance requirements, it is proposed that the parking spaces be installed
within the Marina Drive right-of-way, south of the Rail Car Museum; and
WHEREAS, MGDC has executed an Encroachment Agreement with the City of
National City for the installation and maintenance of the ten parking spaces.
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 Marina Gateway Development Company, LLC, and directs the City Clerk to record
the same.
PASSED and ADOPTED this 4th day of March, 20
Ron Morrison, Mayor
ATTEST:
N� 11_
Mic ael R. Dal a, Oity Clerk
APPROVED AS TO FORM:
7D
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on March 4,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
National ty City, California
Clerk of the City f
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-40 of the City of National City, Califomia, passed and adopted
by the Council of said City on March 4, 2008.
City Clerk of the City of National City, California
By:
Deputy
Clty of National Clty, California
COUNCIL AGENDA STATEMENT
AEETING DATE March 4. 2008
AGENDA ITEM NO.
4
ITEM TITLE A Resolution of the City Council of the City of National City approving, and authorizing the
recordation of an encroachment agreement with Manna Gateway Development Company, LLC for the
installation and maintenance of the parking spaces for public use within the city reserved right-of-way of
Marina Drive
PREPARED BY DEPARTMENT EXT. 4396
Charles Nissley Engineering
EXPLANATION
Marina Gateway Development Company, LLC (Developer) obtained approval to develop the site located at
the comer of Bay Marina Drive and Marina Way into a hotel and commercial area. Conditions for the
development of this site as set forth in the Harbor District Specific Area Plan and their conditions of approval
pursuant to the Coastal Development required the applicant construct seven public parking spaces for the
National City Rail Car Museum.
In order to facilitate the Rail Car Museum and meet the existing Rail Road Right -of -Way clearance
requirements the proposed parking space will be installed within the Marina Way right-of-way south of the
Rail Car Museum.
Marina Gateway Development Company, LLC is requesting that the City of National City enter into an
encroachment agreement for the installation and maintenance of the parking spaces.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Ad e t the Resol • .
/ / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Encroachment Agreement
00%• moo
marina
A-200 (Rev. 7/03)