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HomeMy WebLinkAbout2008 CON (Encroachment Agreement) Rosalie Zarate - BlockwallPLEASE COMPLETE THIS INFORMATION DOCk 2008-0514666 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 I 3Sg6 etkl►►-t M I ENCROACHMENMAGREEMENT: WITH ROSALIE ZARATE FOR AN EXISTING BLOCKWALL FENCE LOCATED AT 1734 EAST 12TH STREET. SEP 30, 2008 10:54 AM OFFICIAL RECORDS SAPJ DIEGO COUNTY RECORDER'S OFFICE GREGOR`r'J SMITH. COUNTY RECORDER FEES: 37.00 WAYS: PAGES: 7 11111111111111101111101110111111011101110111111111111 THIS SPACE FOR RECORDER'S USE ONLY (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 3897 FEE: 5320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of National City ("CITY") hereby grants an Encroachment Permit to the undersigned, ROSALIE ZARATE ("OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A" and located in 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 to maintain certain personal property 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: OWNER has existing front yard walls encroaching two feet (2') from the OWNER'S property line into the public right-of-way, described as "existing blockwall encroaching the public right- of-way" and shown on EXHIBIT B, attached and incorporated herein (the "encroachment"). The terms and conditions under which the encroachment is to be 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. Said encroachment shall be maintained in a safe, structurally stable, 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. The existing front yard walls that are encroaching two (2) feet from the OWNER'S property line to the public right-of-way, as shown on EXHIBIT B (i.e., the encroachment), shall be maintained free of graffiti. Graffiti shall be removed within 24 hours of its observance. 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, for any injury to person or property, including death, arising out of the maintenance, construction, or use of the 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, a policy of liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and property damage arising out of this Agreement. 3858 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, a policy of liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds or additional interested parties, and shall constitute primary insurance as to the 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 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. 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. 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. AGREED AND ACCEPTED: CITY OF NATIONAL CITE OWNER/APPLICANT ARY M BABAKI City ' gineer Dated:—7/.-(-1C.. £j R(3SALIE ZARA Owner MAILING ADDRESS: 1730 East l2th Street National City, CA 91950-3718 Attach notary certification for Owner's signature. Use current legal California All Purpose Notary Acknowledgement only. LEGAL DESCRIPTION: THE SOUTHERLY 2 FEET OF THE NORTHERLY 30 FEET OF THE EASTERLY 64 FEET OF THE WESTERLY 662.59 FEET OF THE NORTHERLY 1/2 OF 80 ACRE LOT 2 OF 1/4 SECTION 129 OF RANCHO DE LA NACION IN THE CITY OF CITY NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO. PLAZA :25? 1311 1104 1313 I 332' 1215 1S7 1 1410 1 a i r I _ 14TH STREET � N 141C 1'— I 1432 w D z 0_ 12th STREET 1411 410 T 1417 14.}$ 1441 j 143F. 3899 142 1430 SHERYL LANE 1415 1427 EXHIBIT "A" 9vris' s� rki SITE 9 T 22,_6" .f5 Jfr•( \ i l EXISTING ASPHALT N i EXISTING. • DRIVEWAY •• 3900 EXHIBIT B EXISTING BLOCKWALL PUBLIC RIGHT OF WAY ENCROACHING THE PL 64' ""ten EXISTING BLOCKWALL EXISTING.IDEWALK."' 1734 E. 12TH STREET STREET CL EXISTING CURB & GUTTER 3901 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,i 1J i c" y On '7//2 /O8 Date personally appeared before me, } Gf. 100 D r ('cr -�� AJ t�,-&, P��it Here Insert arils and Title of the Offi r Name(s) of Signer(s) V. M. ORCUTT Commission 11631852 Notary Pubic - Ca/ondo San Diego Cow MyComm. SpinDoc 20. Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person )-whose names* is/ape-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ias), and that by his/her/their signature(sr)'on the instrument the person(.*, or the entity upon behalf of which the person. ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ma/ yhand and official seal. CJ Signature ekes Signature o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �//1" OQ (I) f yle/714 fit in I -I" `}" fieir e iine// 1 Document Date: J2 1 02 , - on 81 Number of Pages: _ q (! (". E-Xfnt bf tS) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ;a he Za f& _ - y�lndividual ;_l Corporate Officer — Title(s): I Partner — 1 Limited ' General I -I Attorney in Fact Trustee Guardian or Conservator i Other: Signer Is Representing: "mac' RIGHT THUMBPRINT OF SIGNER lop of thumb here Signer's Name: - Individual Corporate Officer — Title(s): 1 Partner — - Limited :- General Attorney in Fact Trustee Li Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 *Chatsworth. CA 91313-2402• www.NationalNotary.org Item a5907 Reorder Call Toll -Free 1-800-876-6827 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } 39C2 On July 24, 2008, before me, MICHAEL R. DALLA, City Clerk personally appeared Marvam Babaki, City Engineer, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to on the attached instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Michael R. Dall., City Clerk RESOLUTION NO. 2008 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT PERMIT AND AGREEMENT WITH ROSALIE ZARATE FOR AN EXISTING BLOCKWALL FENCE LOCATED AT 1734 EAST 12TH STREET WHEREAS, Mrs. Rosalie Zarate recently became aware that the existing blockwall fence on her property located at 1734 East 12th Street is encroaching on the public right-of-way by two feet; and WHEREAS, Mrs. Zarate has executed an Encroachment Permit and Agreement 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 Permit and Agreement" executed by Rosalie Zarate, attached hereto as Attachment 1, and incorporated herein by reference, and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of August, 2008. ATTEST: Michael R. Dall, City Clerk APPROVED AS TO FORM: a George H. Eiser, III City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on August 5, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City • erk of the ity c 'National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-150 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 3 ITEM TITLE A Resolution of the City Council of the City of National City approving, and authorizing the recordation of an Encroachment Permit and Agreement with Mrs. Rosalie G. Zarate for the maintenance of front yard blockwall encroaching the public right of way at 1734 E. 12th Street PREPARED BY Mauro Nebreja DEPARTMENT Engineering EXT. 4395 EXPLANATION Mrs. Rosalie G. Zarate, the owner of property at 1734 E. 12th Street has an existing blockwall fence that is encroaching the public right of way by 2 feet. Because the wall has been there for a long period of time, the owner is requesting that an encroachment agreement be approved. She has submitted a one million dollar liability insurance, signed an encroachment permit and agreement and paid an encroachment permit fee. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMM ATION A e Res OARD / COMMIS ON RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Notarized copy of Encroachment Permit & Agreement. 2. Copy the liability insurance 3. Exhibit "A" , "B" A-200 (Rev. 7/03)