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Home My WebLink About2008 CON Thrifty Oil Co. - Encroachment Agreement 801 Roosevelt Ave.DOCk 2008-0609674 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 8103 NOV 25, 2008 4:20 PM OFFICIAL RECORDS S.AN DIEGO COUNTY RECORDEFI'S OFFICE GREGOR)" J Sh.1ITH COUNTY RECORDER FEESi 34.00 PAGES: 9 1111111111111111111111111111311111111311111101111 THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT AGREEMENT: WITH THRIFTY OIL COMPANY FOR INSTALLATION OF ONE GROUNDWATER MONITORING WELL AT 801 ROOSEVELT AVENUE TO BE INSTALLED WITHIN THE RIGHT-OF-WAY OF WEST 9TH STREET, APPROXIMATELY 100 FEET WEST OF ROOSEVELT AVENUE ADJACENT TO THE NORTHERLY GUTTER. (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 8104 MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, %�•; ! c3%/ Co . (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all 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 PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This permit and agreement is made for the direct benefit of Permittee and Permittee's property above described, and the covenants herein contained, shall be binding on the PERMITTEE and the assigns and successors of PERMITTEE. This encroachment permit is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts and agrees to. Permittee also acknowledges that those terms and conditions include, without limitation, the city's right to 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 permittee's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this encroachment permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the City shall be entitled to its attorney's fees and costs of enforcement. A copy of this encroachment agreement may be recorded against the permittee's real property that may be benefited by the installation and maintenance of the encroachment. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMITTEE at the permittee's sole expense. If PERMITTEE fails 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 8105 removal or relocation to be done at Permittee's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the Permittee. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. PERMITTEE 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 Permittee's entry upon and use of City's easement or right-of-way for the installation, maintenance, removal and use of the permittee's encroachment.. 6. PERMITTEE 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, PERMITTEE shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should permittee fail to do so, City may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this agreement and require removal of the encroachment. 7. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits, for notification to Underground Service Alert, when applicable, and for the safe installation and maintenance of the encroachment at all times. 8. This encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the City and accepted and acknowledged by the Permittee, and, if determined necessary by the City, recorded. 9. PERMITTEE shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well(s), if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 10. PERMITTEE shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the 8106 construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 11. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 12. PERMITTEE shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on 97~ and for subsequent adjustments. 13. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 14. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 15. PERMITTEE shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 16. The PERMITTEE, shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 17. The PERMITTEE shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 18. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 19. PERMITTEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 20. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 8107 21. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 22. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED PERMITTEE/APPLICANT Dated: 11" Person in Responsible Charge Printed Name & Signature f12)� rrt,1 (Pffnt Name) Mailing Address 77+rvALy Oi/�o. /; // G �•,.y,�,e•->4/ N�'i�f wc Sari 4 re S 4c 1 6,4 94t71 24 hr. Phone Number 56z—%2/-358/ C :LarryM? .,.`) 74p oc, g/ . Firm Name Phone Number CITY OF NATIONAL CITY ata City Nger 5 2-9L/—?58/ Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 encho 8108 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LW t eIeJ On Notk,rnbe.r before me, :DO('he L. 6arber3 Rota i?Ab( is Date Name and Title of Officer (e.g.. "Jane Doe, Nota Public') personally appeared l rG( W rker } Name(s) of Signer(s) DORTHEA L. BARBER Commission • 1748443 v Notary Public - California I Los Angeles County My COMM. Expires Jtn 1, 2011 Place Notary Seal Above Xpersonally known to me _ (or proved to me on the basis of satisfactory evidence) 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. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public 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 �I `. . Title or Type of Document: Ionttcri n (� (I Enc VUaC.; of Document Date: 1 \ Ut) 196the r I 2-OO I Number of Pages: T ,e--e-V)2I ' Signer(s) Other Than Named Above: Capacity(ies) C imed byIS�,i er s) thSigner's Name: nQ J vV . De ( . Individual Corporate Officer — Title(s): Partner — E Limited = General Attorney in Fact Trustee Guardior Conservator Other: rat A a ing: signer ¶hrI-fii0SertQ5 . RIGHT THUMBPRINT OF SIGNER Top of thumb nere Signer's Name: = Individual Corporate Officer — Title(s): Partner — C Limited C General '= Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb nere ® 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876-6827 r(jynd Surface 35/ 2 If is 8109 Flush Surface Weil Cover Locking Slip CaO Steel Extension Skirt Well Casing Bentonite Pellet or Chip Seal Sand Filter Pack . I )Z Well Screen p. C: 1Fo 5 1. Threade.d PVC Silt Trap ann Bottom r::)p Bottom of Boring Typical Monitoring `Nell Design 'olec' ' 10.=xarnole 8110 PROPOSED WELL DESCRIPTION The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth of 35 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. EXHIBIT B 9 J W20-1 0 HOOVER AVENUE. 8th STREET 9th STREET C2ORT 0 W20- I 0 G20-1 Cl NP EXHIBIT B W-244 W-251 AC -15 a� NORTH MW-19 PARKING STRUCTIiRE (FCRYER THRIFTY $TA110N 103) OG20-1 614' .11� A 7 U { ,lE41 J oa ail- NP NP NP NP NP NP NP NP 64 O 2 4-1 w Al go V) v G20- 1 u OO Q 13 PROPOSED CROUNOWATLR MONITORING WELL 0, TRAFFIC DELINEATOR HIGH LEVEL WARNING DEVICE RIGHT LANE CLOSED AHEAD ROAD WORK AHEAD END ROAD WORK TEMPORARY NO PARKING W20- 0 60 FEET SCALE DATE DRAWN REV. DATE CAD FILE 07243TCP TRAFFIC CONTROL PLAN WESTBOUND 9th STREET FORMER THRIFTY SERVICE STATION 801 ROOSEVELT AVE. NATIONAL CITY. CA FIGURE NO. 2 PROJECT NO. 07.243 8111 RESOLUTION NO. 2008 — 68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR INSTALLATION OF ONE GROUNDWATER MONITORING WELL AT 801 ROOSEVELT AVENUE TO BE INSTALLED WITHIN THE RIGHT-OF-WAY OF WEST 9TH STREET, APPROXIMATELY 100 FEET WEST OF ROOSEVELT AVENUE ADJACENT TO THE NORTHERLY GUTTER WHEREAS, Thrifty Oil Company, the owner of the property located at 801 Roosevelt Avenue, is seeking an encroachment agreement to install one additional groundwater monitoring well within the public right-of-way on West 9th Street, approximately 100 feet west of Roosevelt Avenue adjacent to the northerly gutter in order to monitor the potential presence of total recoverable hydrocarbons; and WHEREAS, a Faithful Performance Bond in the amount of $2,000 has been posted with the City as a security for prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping. An additional $2,000 bond has been posted for any required well head adjustment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Agreement with Thrifty Oil Company for the installation of one groundwater monitoring well at 801 Roosevelt Avenue within the public right-of-way on West 9th Street, approximately 100 feet west of Roosevelt Avenue adjacent to the northerly gutter in order to monitor the potential presence of total recoverable hydrocarbons. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of May, 200 Ron Morrison, Mayor ATTEST: Miael R. Dalla, ity 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 May 6, 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 /1 City • erk of the City of Ndtional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-68 of the City of National City, California, passed and adopted by the Council of said City on May 6, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 6, 2008 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Company for the installation of one groundwater monitoring well for Thrifty Oil Company Station #103 at 801 Roosevelt Avenue to be installed within the right-of-way of W. 9'h Street approximately 100 feet West of Roosevelt Avenue adjacent to the northerly gutter PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION See Attached Explanation. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMM DATIO '7 opt the Res / OARD / C MM S 0 RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement oil A-200 (Rev. 7/03) 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 October 6, 2008 Mr. Gregory J. Smith Assessor / Recorder / County Clerk County of San Diego P.O. Box 121750 San Diego, CA 92112-1750 Dear Mr. Smith: We are submitting the following documents in duplicate for recording: ENCROACHMENT AGREEMENT: WITH THRIFTY OIL COMPANY FOR INSTALLATION OF ONE GROUNDWATER MONITORING WELL AT 801 ROOSEVELT AVENUE TO BE INSTALLED WITHIN THE RIGHT-OF-WAY OF WEST 9TH STREET, APPROXIMATELY 100 FEET WEST OF ROOSEVELT AVENUE ADJACENT TO THE NORTHERLY GUTTER. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. We are also enclosing check #079831 in the amount of $78.00 for the recording fee. Michael R. Dalla, CMC City Clerk Enclosures ® Recycled Paper