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HomeMy WebLinkAbout2010 CON (Encroachment Agreement) Owners of 819 D Avenue - Aerial ProtrusionsPLEASE COMPLETE THIS INFORMATIOt' RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Office of the City Clerk ,Y City of National City 1243 National City Blvd. National City, CA 91950 D O C ## 2010-0487969 1 IIIIII 1 III IIIII IIIII III 1 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII SEP 15, 2010 8:42 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 76.00 PAGES: 21 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III ENCROACHMENT AGREEMENT III 10274 This Encroachment Agreement [Agreement] is entered into this 7`11 day of September, 2010, by the City of National City, a municipal corporation, [City] and Harbor View Acquisitions LLC, a California limited liability company, NC Apartments, LLC, a California limited liability company, and Village Capital Corporation, an Indiana corporation [collectively, the Business]. RECITALS A. City holds an easement for a public right-of-way, referred to herein as the "Easement", which is located adjacent to 819 D Avenue; and, B. The Business desires maintain a roof overhang, balconies, and facade protrusions [hereafter referred to as the "Encroachment"] within the City's Easement; and, C. City has the authority to regulate the terms and conditions for the use of its Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, City hereby grants to Business the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which Business and City agree: 1. Description of Encroachment. Business owns that certain real property commonly known as 819 D Avenue, commonly referred to as the Harbor View Project, and more particularly described in Exhibit A. Business seeks to maintain the Encroachment within the Easement or other public property of the City of National City, County of San Diego, State of California. The location and description of the Encroachment is described in Exhibit B and depicted in Exhibit C, attached and incorporated herein. 2. Removal and Relocation. Upon notification in writing by City's City Engineer, the above described Encroachment shall be abandoned, removed or relocated by Business at Business' sole expense. When removal or Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 1 of 7 10275 relocation are required, Business shall return the Easement on which the Encroachment was located to a safe and satisfactory condition in accordance with the construction related conditions and specifications as established by the City according to its standard practice. Should Business fail to remove or relocate the Encroachment within ninety (90) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done at Business' sole cost and expense. As an alternative to the temporary nature of this Agreement the City and Business may enter into a negotiated sale of an easement for the above referenced encroachments which are within the City's right of way. Once the sale is complete and an easement is recorded, this encroachment agreement shall terminate and be no further force and effect. 3. Maintenance. Business shall maintain the Encroachment and the Easement over which the Encroachment is located in a neat, clean, safe and sanitary condition at all times at the sole cost, risk and responsibility of Business. 4. Recording. This Agreement shall be recorded with the Office of the County Recorder, County of San Diego. Business shall pay the recording fee. Upon request by City, Business shall record this Encroachment Agreement. This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk. 5. Successors in interest. This Agreement shall be binding on the assigns and successors of Business. 6. Indemnification and Hold Harmless. Business 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 directly or indirectly, in whole or in part, out of the activities of Business described in this Agreement, except to the extent arising from the City's sole intentional or negligent acts. The Business shall agree to at all times indemnify, defend, and save the City free and harmless from and pay in full, any and all claims, demands, losses, damages or expenses that the City may sustain or incur in any manner resulting from any actions taken by Business which result in damage to the City ROW, including any loss, damage or expense arising out of (1) loss of or damage to property, and (2) injury to or death of persons; excepting any loss, damage or expense and claims for a loss, injury or death of persons, damage or expense resulting in any resulting in any manner from the City's sole intentional and/or negligent act or acts of the City, its contractors, officers, agents or employees 7. Insurance Business and each successor in interest or assign shall take out and maintain, during the time Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 2 of 7 10276 the Encroachment remains on City's Easement, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) combined single limit per occurrence, covering all bodily injury 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, Business shall furnish City a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should Business fail to do so, City may elect to obtain such coverage at Business's expense or immediately terminate this agreement. 8. Chapter 13.12 of the National City Municipal Code Business specifically acknowledges and agrees to the terms and conditions applicable to encroachments set forth in Chapter 13.12 of the National City Municipal Code and incorporated herein. 9. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business and approved by the City Council of the City of National City. 10. Business License Requirement. Business shall obtain a business license from City prior to the execution of this Agreement by City. 11. City's Rights. Business agrees that City's rights to the Easement are paramount to this Agreement. Business shall in no way interfere with City's right to use, access, or possess the Easement. 12. Alterations and Improvements. Business shall make no further improvements or alterations affecting the Easement. In no event shall any improvements or alterations be made or approved that interfere, in any way, with the City's use of the Easement. 13. Damage to Easement. Business shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment and Business shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Business's sole expense. 14. Termination. This Agreement is terminable at will by the City and by Business. Business shall vacate the Easement at any time upon receipt of a written notice of termination from the City. Additionally, a Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 3 of 7 10277 notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 15. Notices. Any notice provided by this Agreement or required by law to be given or served upon City or Business, may be given or served by depositing the same in the United States Mail, postage prepaid, addressed as follows: To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950 16. Entire Agreement. To Business: Andrew J. Held Pedcor Commercial Development LLC 770 3rd Avenue SW Carmel, Indiana 46032 24 hour contact number: (317) 250-3123 This Agreement contains the entire agreement between the parties and no term or provision may be changed, waived, discharged or terminated unless made in writing and executed by both parties. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. Date: September 7, 2010 CITY NATIONAL CITY Ron Morrison, Mayor Attest: Mic .el Dalla, C y Clerk <,,OF NAN c4,, SEE ATTACHED EXHIBITS A, B and C ed as t•is m: , City Attorney Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 4 of 7 Harbor View Acquisitions LLC, a California limited liability company (Signature) Jane J. Netherton, Man (Print Name & Title) Paula -Rose Wihongi, Member 10278 Harhorview Commercial Encroachment Agreement Roof, Balconies, Facade Page 5 of 7 10279 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rcrcrc:c.c�zc�-.c=ec=rc�norcac,e�c;c>crcrJcrt�.rr.�r.�.rcr.�rrrcr:F=r.F>rk;c.Fc;F=rcrc;rcrer,�rcre;r.�.�,frm,�c; State of California County of Los Angeles On August 30, 2010 before me, Date Mona personally appeared Jane J. Netherton MONA STEELE Commission # 1872572 Notary Publk - California Los Angeles County My Comm. Eiipires Jan 1, 2014 Place Notary Seal and/or Stamp Above } Steele, Notary Public Here Insert Name and Title of the Officer and Paula -Rose Wihonqi Name(s) of Signer(s) who proved to me on the basis of satisfactoj evidence to be the person(s) whose name(s) i subscribed to the within instrument and acknowledged to me th.t he/she/they executed the same in his/her OM authorized capacity(ies), and that by his/her IOW ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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: f'W111.41 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 12, Title or Type of Document: Encroachment Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jane J. Netherton ❑ Corporate Officer — Title(s): - Individual ❑ Partner — ❑ Limited ❑ General ▪ Attorney in Fact - Trustee - Guardian or Conservator X Other: Manager II Signer Is Representing: Harbor View Acquisition LLC RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Paula -Rose Wihongi ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Member Signer Is Representing: Harbor View Acquisition LLC RIGHT THUMBPRINT OF SIGNER Top of thumb here =k:'c,c-u.%uxx,c:t,�e:�s;e-cx=c�e:<r-ec:kxxc. =<>e- ,W,C u; .c^�.c c%e^ .=t- c-c.�c=+`.�e• ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 NC Apartments, LLC a California limited liability company August 30, 2010 to (Si./ :ture) 1u,35dC �tr (Signature) J. Taggart Birge, Chief Executive Officer .t-ll (Print Name & Title) 10280 Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 6 of 7 10281 STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, this 30th day of August, 2010, personally appeared Jonathan T. Birge, Managing Member of NC Apartments, LLC, who executed the above and foregoing for and on behalf of said company. seal. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official PAMELAJ.PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 Notary Publics- Signature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone STATE OF INDIANA ) SS COUNTY OF HAMILTON ) Before me, the undersigned, day of August, 2010, personally Apartments, LLC, who executed the IN WITNESS WHEREOF, I seal. :.lP1:Y p•..,� . wran •. PAMELA J. PARK Boone County My Commission Expires August30, 2014 My Commission Expires: August 30, 2014 10282 a Notary Public in and for said County and State, this 30th appeared Andrew J. Held, Managing Member of NC above and foregoing for and on behalf of said company. have hereunto subscribed my name and affixed my official Notary Public - ignature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone Village Capital Corporation An Indiana corporation (Date) IwrxQd ! ( ' Pn51'I $4A44,4A GEO - aonalkt /l. P.c.( 10283 ature) (Print Name & Title) NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1I80 ET. SEQ. State of Indiana County of Vanderburgh SS: Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Donald R. Neel, and acknowledged the execution of this instrument this 30th day of August, 2010. 4L54; Kristi R. Krack, Notary Public My commission expires: 1/30/2017 State of Indiana SS: County of Vanderburgh KRISTI R. KRACK Resident of Vanderborgh County, IN Commission Expires: January 30, 2017 Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Keith A. Knipstein, and acknowledged the execution of this instrument this 30th day of August, 2010. `16154 P. Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 Page 7 of 7 Harborview Commercial Encroachment Agreement Roof, Balconies, Facade EXHIBIT A 10284 LEGAL, DESCRIPTION LOT 1 OF HARBORVIEW CONDOMINIUMS. IN THE CITY OF NATIONAL. CITY, COUNTY OF SAN DINGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 15535, FILED IN TIT. OFFICE OF 'I HE COLIN IY RECORDER OF SAN DIEGO COUNTY. APRIL 5, 2007. APN: 556-493-10-01 and 556-493-10-02 and 556-493-10-03 and 556-493-10-04 and 556-493-10-05 and 556-493-10-06 and 556-493-10-07 and 556-493-10-08 and 556-493- 10-09 and 556-493-10-10 and 556-493-10-11 and 556-493-10-12 and 556-493-10-13 and 556-493-10-14 and 556-493-10-15 and 556-493-10-16 and 556-493-10-17 and 556-493- 10-18 and 556-493-10-19 and 556-493-10-20 and 556-493-10-21 and 556-493-10-22 and 556-493-10-23 and 556-493-10-24 and 556-493-10-25 and 556-493-10-26 and 556-493- 10-27 and 556-493-10-28 and 556-493-10-29 and 556-493-10-30 and 556-493-10-31 and 556-493-10-32 and 556-493-10-33 and 556-493-10-34 and 556-493-10-35 and 556-493- 10-36 and 556-493-10-37 and 556-493-10-38 and 556-493-10-39 and 556-493-10-40 and 556-493-10-41 and 556-493-10-42 and 556-493-10-43 and 556-493-10-44 and 556-493- 10-45 and 556-493-10-46 and 556-493-10-47 and 556-493-10-48 and 556-493-10-49 and 556-493-10-50 and 556-493-10-51 and 556-493-10-52 and 556-493-10-53 and 556-493- 10-54 and 556-493-10-55 and 556-493-10-56 and 556-493-10-57 and 556-493-10-58 and 556-493-10-59 and 556-493-10-60 and 556-493-10-61 and 556-493-10-62 and 556-493- 10-63 and 556-493-10-64 and 556-493-10-65 and 556-493-10-66 and 556-493-10-67 and 556-493-10-68 and 556-493-10-69 and 556-493-10-70 and 556-493-10-71 and 556-493- 10-72 and 556-493-10-73 and 556-493-10-74 and 556-493-10-75 and 556-493-10-76 and 556-493-10-77 and 556-493-10-78 and 556-493-10-79 and 556-493-10-80 and 556-493- 10-81 and 556-493-10-82 EXHIBIT B 10285 HARBORVIEW UPPER ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF -1)" AVENUE, 81r1 STREET, 91" STREET AND ALLEY ADIACEN"F TO LOTS I THROUGH 5, INCLUSIVE. BETWEEN "D"AVENUE: AND "E." AVENUE IN BLOCK 1 OF'F. PARSON'S ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE. OF CALIFORNIA. ACCORDING TO MAP THEREOF 57 FILED IN THE OFFICE OF THE COUNTY'S RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881 DESCRIBED AS FOLLOWS: PARCEL "A" THAT PORTION OF SAID ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT 'FILE SOUTHEAST CORNER OF LOT 1 OF HARBORVIEW CONDOMINIUMS, IN SAID NATIONAL CITY. ACCORDING TO MAP THEREOF NO. 15535, FILED IN SAID COUNTY RECORDER'S OFFICE, APRIL 5, 2007; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING'FTIE EASTERLY RIGHT-OF-WAY LINE OF SAID ALLEY. N 17° 45'58" W. 250.35 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE, ALONG THE EXTENSION OF THE SOUTHERLY RIGI IT OF WAY LINE OF 8111 STREET, N 72 01'42" E, 1.08 FEET TO EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY EDGE OR BUILDING EDGE, S 17° 45'58" E, 62.37 FEET TO THE, BEGINNING OF A NON - TANGENT 6.63 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIAI. BEARING BEARS N 59° 13'36" W; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°00'56" AN ARC LENGTH OF 3.01 FEET; THENCE. S 17° 45'58" E, 185.00 FEET TO AN INTERSECTION POINT WITH THE WESTERLY EXTENSION LINE OF THE NORTIERLY RIGI IT OF WAY LINE OF SAID 9111 STREET; THENCE, LEAVING SAID BUILDING EDGE AND ALONG SAID 9111 STREET WESTERLY EXTENSION LINE, S 72° 05"38" W, 1.08 FEET TO THE POINT OF BEGINNING. PARCEL " B" THAT PORTION OF SAID 91" STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 91" STREET. N 72° 05'38" E, 117.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT I; THENCE, CONTINUING N 72° 05'38" E. 1.08 FEET TO SAID EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; T1-IENCE, ALONG SAID EASTERLY EDGE S 17° 45'58" E. 0.98 FEET TO THE SOUTHEAST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE SOUTIIERLY EDGE OF FACADE PROTRUSION OR EXTENSION LINE OF SAID PROTRUSION OR BUILDING ROOF EDGE THE FOLLOWING COURSES: S 72° 1 1'35" W, 48.26 TO POINT HEREINAFTER REFERTO AS POINT "A"; THENCE„ CONTINUING S 72° 1 1'35" W, 26.79 FEET; THENCE. S 17° 48'25" E 1.07 FEET: 10286 THENCE, S 72° 1 1'35" W, 22.00 FEET; THENCE. N 17° 48'25" W 1.07 FEET; THENCE, S 17° 48'25" E, 21.58 FEET TO AN INTERSECTION POINT WITH THE SOUTHERLY EXTENSION LINE OF THE EASTERLY RIGHT OF WAY LINE OF SAID "D" AVENUE; TIIENCE, ALONG SAID "D" AVENUE SOUTHERLY EXTENSION LINE. N 17° 45'45 W. 0.77 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PORTION: BEGINNING AT AFOREMENTIONED POINT "A"; T'! IENCE S 72° 1 1'35" W, 14.80 FEET TO TI IL BEGINNING OF A NON -TANGENT 5.83 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE RADIAL. BEARING BEARS N 17° 48'25" W; TI IENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°56'53" AN ARC LENGTH OF 3.15 FEET; TIIENCE N 72° 1 1'35" E 11.80 FELT; THENCE, S 17° 48'25" E 0.83 FEET TO SAID POINT "A". PARCET, "C" THAT PORTION OF SAID "D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535. THENCE. ALONG THE WESTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID "D" AVENUE; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF '"D" AVENUE. N 17° 45'45" W, 250.21 FEET TO THE NORTHWEST CORNER OF SAID LOT I: THENCE S 72° 0I'42" W 0.50 FEET TO WESTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION: THENCE" ALONG SAID EDGE OR BUILDING EDGE THE FOLLOWING COURSES: S 17° 45'45" E. 34.93 FEET; S 72° 14'15" W, 2.07 FEET; S 17° 45'45" E, 21,00 FEET; N 72° 14'15" E, 2.07 FEET: S 17° 45'45" E, 4.67 FEET TO THE BEGINNING OF A NON -TANGENT 7.46 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARING BEARS N 77° 44'32" W: THENCE ALONG SAID CURVE, TIIROUGH A CENTRAL ANGLE OF 60°02'22" AN ARC LENGTH OF 7.81 FEET; THENCE, S 17° 45'45" E, 38.02 FEET; S 72° 14' 15" W, 2.07 FEET; S 17° 45'45" E, 26.67 FEET; N 72° 14'15" E, 2.07 FEET; S 17° 45'45" E, 63.16 FEET; S 72° 14'15" W, 2.07 FEET; S 17° 45'45" E. 12.00 FEET; N 72° 14' 15" E, 2.07 FEET; S 17° 45'45" E, 43.96 FEET TO SOUTHWEST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE SOUTI1 EDGE EXISTING BUILDING FACADE PROTRUSION N 72° 1 1'35" E, 0.50 FEET TO AN INTERSECTION POINT WITH THE SOUTHERLY EXTENSION LINE OF THE EASTERLY RIGHT OF WAY LINE OF SAID "D" AVENUE: 'LHENCE, ALONG SAID '"D" AVENUE SOUTHERLY EXTENSION LINE, N 17° 45'45" W. 0.77 FEET TO 'THE POINT OF BEGINNING. PARCEL "D" THAT PORTION OF SAID 8TI1 STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 OF MAP 15535: THENCE" ALONG THE NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE SOUTHERLY RIGI IT -OF -WAY LINE OF SAID 8111 STREET, N 72 10287 01'42" E. 117.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE CONTINUING ALONG THE EXTENSION OF SAID SOUTHERLY RIGHT OF WAY LINE. N 72 01'42" E. 1.08 FEET TO EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE. ALONG SAID EASTERLY BUILDING EDGE. N 17° 45'58" W, 0.47 FEET TO THE NORTI ILAST CORNER OF EXISTING BUILDING FACADE PROTRUSION: THENCE, ALONG THE NORTHERLY BUILDING FACADE PROTRUSION EDGE. S 72 13'49" W. 1 19.1 1 FEET TO THE NORTHWEST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE WESTERLY BUILDING FACADE PROTRUSION EDGE, S 17° 45'45"' E. 0.88 FEET TO AN INTERSECTION POINT WITI 1 THE WESTERLY EXTENSION LINE OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID 8111 STREET; THENCE. ALONG SAID 8111 STREET WESTERLY EXTENSION LINE. N 17° 45'45" W. 0.50 FEET TO THE POINT OF BEGINNING. NOT TO SCALE 09/02/10 ENCROACHMENT PLAT EXHIBIT "C" (UPPER) 8 t h STREET N 71'59'19" E 117.53' r r PROPOSED STREET VACATION/DEDICATION AREAS 77 SF = BUILDING ENCROACHMENT AREA 429 SF a RAMPS ENCROACHMENT AREA 14 SF = STEPS ENCROACHMENT AREA 520 SF = TOTAL STREET VACATION AREA L=3.01' A=26'00'56" R=6.63' 55 SF = STREET DEDICATION ALONG "D" AVE 18 SF = STREET DEDICATION ALONG DEDICATION ALONG 8'" ST. 83 SF =TOTAL STREET DEDICATION AREA N 72'03'15" E 117.54' 9 t h STREET SKETCH PARCEL "A" VICTOR RODRIGUEZ-FERNANDEZ, P.E., P.L.S. 4901 MORENA BLVD., STE. 409, S.D. CA. 92117 PH: (853) 967-5693 FAX: (858) 581 6138 LEGEND SHEET 1 OF 4 SHEETS 10288 N 71'59'19" E 1.08' N 72'03' 15" E S- - - - 1.08' ����f� ENCROACHMENT AREA N NOT TO SCALE 09/02/10 W z ENCROACHMENT PLAT EXHIBIT "C" (UPPER) N 1748'08" W 10" ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYP) N 17'48'06" W 0.77' • 8 t h STREET N 71'59'19" E 117.53' C, .�,,�� Of LINE DATA L1 1.07' N 17'50'48" W L2 0.89' N 17'50'48" W L=3.23' A=31'46'37" N 72'03'15" E ��. R=5.83' 0.50' - - N 72'03'15" E 117.54' , ,' , v ,' • N 72'09'12" E N 72'09'12" E N 72'09'12" E 22.08' 22.00' 11.99' SKETCH PARCEL"6" 9th STREET LEGEND VICTOR RODRIGUEZ-FERNANDEZ, P.E., P.L.S. 4901 MORENA BLVD., STE. 409, S.D. CA. 92117 PH: (858) 967-5693 FAX: (858) 581 6138 SHEET 2 OF 4 SHEETS 10289 N 17'48'21" W 250.35' 47.18':=4. N 72.09 12" E 48.26' r N 72'03'15" E 1.08' >N 17'48'21" W 0.98' ENCROACHMENT AREA L1 1 ! ! i 4.67' 1. W i L=7.81' -- A=60'02.22" Z ! % / R=7.46' co NI L 1., M ENCROACHMENT PLAT EXHIBIT "C" -� (UPPER) 8 t h STREET N 71'59'19' E 117.53' N 71'59'19" E 0.50' N 1748'06" W L1`=" LINE DATA L1 2.07' N 72'11'54" E erY -V >> N 72'03'15" E 0.50' N 7703' 15' E 117.54' 9 t h STREET LEGEND SKETCH PARCEL "C" SHEET 3 OF 4 SHEETS 10290 N NOT TO SCALE 09/02/10 ENCROACHMENT AREA VICTOR RODRIGUEZ—FERNANDEZ, P.E., P.L.S. 4901 MORENA BLVD., STE. 409, S.D. CA. 92117 PH: (858) 967-5693 FAX: (858) 581 6138 ENCROACHMENT PLAT EXHIBIT "C" (UPPER) 8 t h STREET 10" ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYP) N 17'48'06" W <; 0.89' .6. N 72'11'25" E 119.11' N 71'59'19" E 117.53' N 71'59'19" E N 71'59'19" E 0.50' IN 0 1.08' N 7703' 15" E 117.54' 9 t h S TREE T SKETCH PARCEL "D" LEGEND VICTOR RODRIGUEZ-FERNANDEZ, P.E., P.L.S. 4901 MORENA BLVD., STE. 409, S.D. CA. 92117 PH: (858) 967-5693 FAX: (858) 581 6138 SHEET 4 OF 4 SHEETS 1029! N 17'48'19" W 0.47' 1. NOT TO SCALE 09/02/10 ENCROACHMENT AREA 10292 HARBORVIEW UPPER ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF "D" AVENUE, 8TH STREET, 9TH STREET AND ALLEY ADJACENT TO LOT 1 OF HARBORVIEW CONDOMINIUMS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15535 FILED IN THE OFFICE OF THE COUNTY'S RECORDER OF SAN DIEGO COUNTY, APRIL 5, 2007, DESCRIBED AS FOLLOWS: PARCEL "A" THAT PORTION OF SAID ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF SAID ALLEY, N 17°48'21" W, 250.35 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE, ALONG THE EASTERLY EXTENSION LINE OF THE SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET, N 71 °59' 19" E, 1.08 FEET TO THE EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY EDGE OR BUILDING EDGE, S 17°48'21" E, 62.37 FEET TO THE BEGINNING OF A NON -TANGENT 6.63 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIAL BEARING BEARS N 59° 11'13" W; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°00'56" AN ARC LENGTH OF 3.01 FEET; THENCE, S 17°48'21" E, 185.00 FEET TO AN INTERSECTION POINT WITH THE EASTERLY EXTENSION LINE OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9TH STREET; THENCE, LEAVING SAID BUILDING EDGE AND ALONG SAID EASTERLY EXTENSION LINE OF 9TH STREET, S 72°03'15" W, 1.08 FEET TO THE POINT OF BEGINNING. PARCEL "B" THAT PORTION OF SAID 9TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9TH STREET, TO THE EDGE OF SOUTHERLY FACADE PROTRUSION, N 72°03' 15" E, 58.64 FEET TO THE BEGINNING OF A NON -TANGENT 5.83 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE RADIAL BEARING BEARS S49°37'25" E; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°46'37" AN ARC LENGTH OF 3.23 FEET; THENCE S 72°09'12" W, 11.99 FEET; THENCE, S 17°50'48" E, 1.07 FEET; THENCE, S 72°09'12" W, 22.00 FEET; THENCE, N 17°50'48" W, 1.07 FEET; THENCE, S 72°09'12" W, 22.08 FEET TO THE SOUTHWEST CORNER OF SAID FACADE PROTRUSION; THENCE ALONG THE WESTERLY FACADE PROTRUSION N 17°48'06" W, 0.77 FEET TO AN INTERSECTION POINT WITH THE WESTHERLY EXTENSION LINE OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID "9TH" STREET; THENCE, ALONG 10293 SAID WESTERLY EXTENSION LINE, N 72°03'15" E, 0.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID 9TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE, CONTINUING ALONG THE EASTERLY EXTENSION LINE OF THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, N 72°03' 15" E, 1.08 FEET TO THE EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY EDGE S 17°48'21" E, 0.98 FEET TO THE SOUTHEAST CORNER OF THE EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE SOUTHERLY EDGE OF FACADE PROTRUSION OR EXTENSION LINE OF SAID PROTRUSION OR BUILDING ROOF EDGE THE FOLLOWING COURSES: S 72°09'12" W, 48.26 FEET; THENCE, N 17°50'48" W, 0.89 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE SAID SOUTHERLY LINE OF LOT 1, N 72°03' 15" E, 47.18 FEET TO THE POINT OF BEGINNING. PARCEL "C" THAT PORTION OF SAID "D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535, THENCE, ALONG THE WESTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID "D" AVENUE N 17° 48'08" W, 250.21 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY EXTENSION LINE OF THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID 8TH STREET S 71°59' 19" W 0.50 FEET TO WESTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EDGE OR BUILDING EDGE THE FOLLOWING COURSES: S 17° 48'06" E, 34.04 FEET; THENCE, S 72° 11'54" W, 2.07 FEET; THENCE, S 17°48'06" E, 21.00 FEET; THENCE, N 72° 11'54" E, 2.07 FEET; THENCE, S 17°48'06" E, 4.67 FEET TO THE BEGINNING OF A NON -TANGENT 7.81 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARING BEARS N 77°46'55" W; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 60°02'22" AN ARC LENGTH OF 7.46 FEET; THENCE, S 17° 48'06" E, 38.02 FEET; THENCE, S 72° 11'54" W, 2.07 FEET; THENCE, S 17°48'06" E, 26.67 FEET; THENCE, N 72°11'54" E, 2.07 FEET; THENCE, S 17°48'06" E, 63.16 FEET; THENCE, S 72°11'54" W, 2.07 FEET; THENCE, S 17°48'06" E, 12.00 FEET; THENCE, N 72°11'54" E, 2.07 FEET; THENCE, S 17°48'08" E, 43.19 FEET TO AN INTERSECTION POINT WITH THE WESTERLY EXTENSION LINE OF SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE WESTERLY EXTENSION LINE OF THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, N 17°03' 15" E, 0.50 FEET TO THE POINT OF BEGINNING. 10294 PARCEL "D" THAT PORTION OF SAID 8TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 8TH STREET, N 71 °59' 19" E, 117.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 OF MAP 15535; THENCE CONTINUING ALONG THE EASTERLY EXTENSION LINE OF SAID SOUTHERLY RIGHT-OF-WAY LINE, N 71 °59' 19" E, 1.08 FEET TO EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY BUILDING EDGE, N 17°48' 19" W, 0.47 FEET TO THE NORTHEAST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE NORTHERLY BUILDING FA(ADE PROTRUSION EDGE, S 72 11'25" W, 119.11 FEET TO THE NORTHWEST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE WESTERLY BUILDING FACADE PROTRUSION EDGE, S 17°48'06" E, 0.89 FEET TO AN INTERSECTION POINT WITH THE WESTERLY EXTENSION LINE OF THE SAID SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET; THENCE, ALONG SAID WESTERLY EXTENSION LINE OF 8TH STREET, N 71°59' 19" E, 0.50 FEET TO THE POINT OF BEGINNING. RESOLUTION NO. 2010 — 198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH N.C. APARTMENTS, LLC, HARBOR VIEW ACQUISITION, LLC, AND VILLAGE CAPITAL CORPORATION, PROPERTY OWNERS OF THE HARBOR VIEW CONDOMINIUM PROJECT LOCATED AT 819 D AVENUE, FOR THE EXISTING AERIAL PROTRUSIONS INTO AND ABOVE PORTIONS OF D AVENUE, EAST 8TH STREET, EAST 9TH STREET, AND THE ADJACENT ALLEY WHEREAS, the structure built on the property located at 819 D Avenue, commonly known as the Harbor View Condominium Project and owned by N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation (Property Owners), encroaches into and over the City's reserved right-of-way on D Avenue, East 8th Street, East 9th Street, and the adjacent alley; and WHEREAS, an inspection of the site revealed that the encroachments do not interfere with the free flow of vehicular or pedestrian traffic, and therefore, do not require removal at this time, however, because they do project into the air space over the right-of-way, an Encroachment Agreement is required pursuant to Chapter 13.12 of the National City Municipal Code; and WHEREAS, as required, the Property Owners have executed an Encroachment 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 authorizes the City Manager to execute an Encroachment Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property owners of 819 D Avenue, for the existing aerial protrusions into and above portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of Septemyef 2010. on Morrison, Mayor ATTEST: Micael R. Dalla City Clerk ROVED AS TO FORM: li iii.e1 ty Attorn i Passed and adopted by the Council of the City of National City, California, on September 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City National City, California C rk of the City By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-198 of the City of National City, California, passed and adopted by the Council of said City on September 7, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 003-N4-I • MEETING DATE: September 7, 2010 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Agreement with the property owners of 819 D Avenue (Harbor View) for the existing aerial protrusions into and above portions of D Avenue, E. 8th Street, E. 9th Street, and the adjacent alley . PREPARED BY: Charles Nissley PHONE: 4396 EXPLANATION: DEPARTMENT: DevelopmentgServices/Engineering APPROVED BY/ y The owners of the property located at 819 D Avenue during construction of their property encroached into and over the City reserved right -of —way with several various facilities. Engineering staff have determined that these encroachments do not interfere with the free flow of vehicular or pedestrian traffic and therefore do not require removal at this time, however, since they do project into the air space over the right-of-way an encroachment agreement is required per Chapter 13.12 of the National City Municipal Code. The encroachment agreement shall require that the owner record the same with the County Recorder. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Encroachment Agreement 2. Resolution No. a0\0-1.°+9y