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HomeMy WebLinkAbout2010 CON (Encroachment Agreement) N.C. Apartments, Harbor View, Village Capital - Streets / AlleysD O C ## 2010-0487970 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Office of the City Clerk City of National City 1243 National City Blvd. National City, CA 91950 10295 1111111111111111111111111111111111111111111111111111 SEP 15, 2010 8:42 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 121.00 PAGES: 36 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII DEED RESTRICTION 1. WHEREAS, Harbor View Acquisitions LLC, a California limited liability company, NC Apartments, LLC, a California limited liability company, and Village Capital Corporation, an Indiana corporation (hereinafter referred to as "Owners") is/are the record owners of the real property described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"); and II. WHEREAS, the City of National City a Municipal Corporation (hereinafter referred to as the "City") is a public agency ; and 111. WHEREAS, pursuant to Chapter 13.12 of the National City Municipal Code 22 23 ("Municipal Code"), Owners applied to the City for an Encroachment Agreement to maintain a 3" 24 wide portion of the structure within the alley, at grade disabled access ramps and raised sidewalks 25 within "D" Avenue, and at grade stairs with 9`h Street (more particularly) described within attached 26 27 28 Exhibit C and Encroachment Plat Exhibit D for the use and benefit of Businessproperty, over, under and across a portion of the City Easement on 9th Street, "D" Avenue and a portion of the public Alley [hereinafter collectively referred to as the "Encroachment"]; and 1 10296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. WHEREAS, 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 Municipal Code; and V. WHEREAS, on September 7, 2010, the City conditionally approved the Encroachment Agreement as set forth in attached Exhibit "E" (hereinafter referred as the "EA"), subject to, among other conditions listed within Exhibit B and incorporated herein by reference (hereinafter referred to as the "Special Conditions"); and VI. WHEREAS, the City found that, but for the imposition of the Special Conditions, the proposed development could not be found consistent with the provisions of the Municipal Code; and VIII. WHEREAS, Owners have elected to comply with the Special Conditions; NOW, THEREFORE, in consideration of the granting of the EA to Owners by the City, the undersigned Owners, for themselves and for their/heirs, assigns, and successors -in -interest, hereby irrevocably covenant with the City that the Special Conditions (shown in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. This Deed Restriction shall constitute a covenant running with the land and shall remain in full force and effect and shall bind Owners and all their assigns or successors -in -interest during the period that the EA, or any modification or amendment thereof, remains in existence on or with respect to, and thereby confers benefit upon the Property. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10297 2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8 of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Futhermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 3. RIGHT OF ENTRY. The City or its agent may enter onto the Property at times reasonably acceptable to Owners to ascertain whether the restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owners whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restrictions will be deemed a violation and a breach hereof. The City and Owners may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of the either party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Dated: , 2010 3 10298 NC Apartments, LLC a California limited liability company (Sign mo ,)• I wcicaaeT -lint Ctht‘zF cb FtcER (Print Name & Title) NOTE:. NOTARY ACKNOWLEDGMENTS (EGI? ALL SIGNATURES) MUST BE ATTACHED, PER CIVJL CODE SEC. 1180 ET. SEQ. 10299 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 Andrew J. Held, 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 PAMELA J. PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 NotarPubl c - Si g ure na Pamela J. Park Notary Public - Printed My County of Residence Is: Boone 1 10300 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. PAMELA J. PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 Notary Public • ignature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone Village Capital Corporation An Indiana corporation State of Indiana SS: County of Vanderburgh 10301 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 30'h day of August, 2010. Kristi R. Krack, Notary Public My commission expires: 1/30/2017 State of Indiana SS: County of Vanderburgh KRISTI R. KRACK Resident of Vanderburgh 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 306 day of August, 2010. Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET SEQ. 10302 Harbor View Acquisitions LLC, a California limited liability company £i ? 10 (signs m) Jane J. Netherton, Riager (Print Name & Title) Paula -Rose Wihongi, Member NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. 10303 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Is State of California County of Los Angeles } On August 31, 2010 before me, Mona Steele, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jane J. Netherton and Paula -Rose Wihongi MONA STEELE 51, Commission #t 1872572 L Notary Public - California I ``z'►z Los Angeles County Comm. Expires Jan 1, 2014 Place Notary Seal and/or Stamp Above Name(s) of Signer(s) who proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that - a(iexecuted the same in his/uthorized capacity(ies), and that by h'signature(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: II(fli 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 Title or Type of Document: Deed Restriction Document Date: Number of Pages: Signer(s) Other Than Named Above: J. Taggart Birge, Andrew Held, Donald R. Neel Capacity(ies) Claimed by Signer(s) Signer's Name: Jane J- Nethertnn r Individual ▪ Partner — [7 Limited El General • Attorney in Fact • Trustee • Guardian or Conservator Other: Manager 4 Signer Is Representing: Harbor View Acquisition, LLC ©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-B00-876-6827 Corporate Officer — Title(s): RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Paula -Rose Wihongi Corporate Officer — Title(s): Individual - Partner — LI Limited ❑ General Attorney in Fact ▪ Trustee ❑ Guardian or Conservator >a Other: Member RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Harbor View Acquisition, LL C EXHIBIT A 10304 LEGAL DESCRIPTION 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 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 10305 SPECIAL CONDITIONS 1. Owners agree to continue negotiations towards resolving the acquisition of the City right of way interest by way of Harborview acquiring and paying for legal ownership of the access right of way (either by purchasing the excess right of way or an easement). 2. Owners agree to pay any and all attorneys fees in amount not to exceed $50,000, should the City need to seek legal redress through the courts to remedy encroachments within its ROW. 3. Owners shall execute a Reimbursement Agreement for the undergrounding of the Power Pole on 9th Street. 4. Owners agree to indemnify City for any and all injury, claims, losses, etc related to the property, including personal/property injury and costs to City for failure to follow-through on acquisition of the excess right of way and subsequent boundary adjustment. 5. Owners shall diligently process a boundary adjustment for the areas of encroachment in an effort to record within 90 days. 6. No individual condominium units will be sold until all conditions are satisfied. EXHIBIT C 10 306 HARBORVIEW ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF "D" AVENUE, 8TH STREET, 9TH STREET AND ALLEY ADJACENT TO LOTS 1 THROUGH 5, INCLUSIVE, BETWEEN "D"AVENUE AND "E" AVENUE IN BLOCK I OF T. 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" THE WESTERLY 0.25 FEET OF SAID ALLEY, BEING THE EASTERLY EDGE OF AN EXISTING BUILDING AS LOCATED AUGUST 10, 2010. EXCEPTING THEREFROM THE NORTHERLY 0.36 FEET. PARCEL "B" THAT PORTION OF SAID 9TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST 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 SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9TH STREET, N 72° 05'38" E, 33.40 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 84.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP 15535; THENCE CONTINUING ALONG THE EASTERLY EXTENSION OF SAID 9TH STREET NORTHERLY LINE, 0.25 FEET TO THE EDGE OF SAID EXISTING BUILDING; THENCE, S 17° 45'58"E, 0.15 FEET TO THE SOUTHEAST CORNER OF SAID EXISTING BUILDING; THENCE ALONG THE SOUTHERLY EDGE OF SAID EXISTING BUILDING AND/OR THE EDGE OF EXISTING CONCRETE STEP AND/OR EXISTING WINDOW FRAMES THE FOLOWING COURSES: S 72' 11'35" W 9.25 FEET; THENCE S 17' 48'25" E, 0.17 FEET; THENCE, S 72° 11'35" W 7.00 FEET; THENCE N 17° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 4.16 FEET; THENCE S 17° 48'25"E, 1.33 FEET; THENCE, S 72° 11'35" W 3.67 FEET; THENCE N 17° 48'25" W, 1.33 FEET; THENCE, S 72 11'35" W 23.60 FEET; THENCE S 17° 48'25"E, 0.17 FEET; THENCE, S 72° 11'35" W 7.00 FEET; THENCE N 17° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 25.18 FEET TO THE TRUE 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 155.35, THENCE, ALONG THE WESTERLYLINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID "D" AVENUE, N 1.7 45'45" W, 51.45 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF 10307 EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72 14'15" W, 5.67 FEET; THENCE, N 17° 45'45" W, 7.33 FEET; THENCE, N 23° 20'02" W, 20.60 FEET; THENCE, N 72° 14' 15" E, 4.75 FEET; THENCE, N 17° 45'45" W, 0.50 FEET; THENCE, S 72° 14' 15" W, 1.33 FEET; THENCE, N 17° 45'45" W, 4.00 FEET; THENCE, S 72° 14'15" W, 1.33 FEET; THENCE, N 17° 45'45" W, 0.50 FEET; THENCE, N 72° 14'15" E, 2.92 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 32.83 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" 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° 45'45" W, 203.21 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72° 14'15" W, 6.87 FEET; THENCE S 17° 45'45" E, 2.50 FEET; THENCE, S 72° 14' 15" W, 1.00 FEET; THENCE, N 17° 45'45" W, 41.36 FEET; THENCE, N 72° 14'15" E, 7.87 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 38.86 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "E" THAT PORTION OF SAID 8TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST 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 NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 8TH STREET, N 72° 01'42" E, 0.33 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING TO THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF SAID EXISTING BUILDING, N 17° 45'45" W, 0.05 FEET TO THE NORHTWEST CORNER OF SAID EXISTING BUILDING; THENCE, ALONG THE EDGE OF EXISTING BUILDING, N 72° 13'49" E, 15.42 FEET TO A POINT IS SAID SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET; THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S 72° 01'42" W, 15.42 FEET TO THE TRUE POINT OF BEGINNING. 10308 NOT TO SCALE 08/27/10 ENCROACHMENT PLAT EXHIBIT " L " 8 t h STREET N 71'59'19" E 117.53' w 1 ,1 N - s) I®I APROPOSED STREET VACATION/DEDICATION AREAS 77 SF = BUILDING ENCROACHMENT AREA 429 SF = RAMPS ENCROACHMENT AREA 14 SF = STEPS ENCROACHMENT AREA 520 SF = TOTAL STREET VACATION AREA 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" SKETCH PARCEL "A" 9 t h STREET SHEET 1 OF 4 SHEETS Z0 N -� [= N 1750'48" W d o Ca NOT TO SCALE 08/27/10 N 17'50'48" W 1.25'• LEGEND PROPERTY LINE ENCROACHMENT AREA 4.16' N 7.00' f•' z N 72'03'15' E 117.54' --- 25.1 1OIL. - - 33.40'- - 1 23.60' SKETCH PARCEL "B" 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 BUILDING LINE - N 72'09'12" E 9 t h STREET M O CV 17'50'48" W 0.17' `1` J)9.25' N 72'03'15" E 0.25' N 17'48'21" W 0.15' 10309 LEGEND ENCROACHMENT PLAT EXHIBIT "D" PROPERTY LINE ENCROACHMENT AREA — 721154" E 4.75' N 17'48'08" W 7.33' N 7211'54" 5.67' N 1748'08" W SKETCH PARCEL "C" 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 B t h STREET N 71'59.19“ E 117.53' SHEET 2 OF 4 SHEETS ...... •. .• N 72'11'54" E 2.92' N 17'48'08" W 0.50' •". • • N 72'11'54" E 1.25' N 72'11'54" E 1.25' N 1748'08" W 0.50' 0 RAMP LINE N 7703'15* E 117.54' 9 t h STREET-5 / NOT TO SCALE 08/27/10 10310 LEGEND ENCROACHMENT PLAT EXHIBIT "U" PROPERTY LINE ENCROACHMENT AREA z rza N 72'11'54" E 7.87' g N 72'11'54" E 1.00' CN N N 1748'08' W I I I � I I I I I I SKETCH PARCEL"D" 9 t h STREET VICTOR RODRIGUEZ—FERNANDEZ, P.E., P.L.S. NOT TO SCALE 4901 MORENA BLVD., STE. 409, S.D. CA. 92117 08/27/10 PH: (858) 967-5693 FAX: (858) 581 6138 8 t h S TREE T N 71'59'19" E 117.53' -c 0 N 17'48'08" W 2.50' SHEET 3 OF 4 SHEETS N 7703'15* E 117.54' // 10311 LEGEND N 1748'08" W 0.05' w z A N 0 co e ENCROACHMENT PLAT EXHIBIT "D" PROPERTY LINE ENCROACHMENT AREA 8 t h 9 t h N 772'11'25" 15.42' STREET 15.42' _ SHEET 4 OF 4 SHEETS N 71'59'19* E 117.53' - - - — N 7703'15* E 117.54' SKETCH PARCEL "E" 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 STREET BUILDING LINE NOT TO SCALE 08/27/10 10312 HARBORVIEW 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: THE WESTERLY 0.25 FEET OF SAID ALLEY, LYING SOUTH OF 8TH STREET AND LYING NORTH OF 9TH EXCEPTING THEREFROM THE NORTHERLY 0.36 FEET. 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, N 72° 03'15" E, 33.40 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 84.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP 15535; THENCE, CONTINUING ALONG THE EASTERLY EXTENSION OF SAID 9TH STREET NORTHERLY LINE, 0.25 FEET TO THE EDGE OF SAID EXISTING BUILDING; THENCE, S 17° 48'21"E, 0.15 FEET TO THE SOUTHEAST CORNER OF SAID EXISTING BUILDING; THENCE ALONG THE SOUTHERLY EDGE OF SAID EXISTING BUILDING AND/OR THE EDGE OF EXISTING CONCRETE STEP AND/OR EXISTING WINDOW FRAMES THE FOLOWING COURSES: S 72° 09'12" W 9.25 FEET; THENCE S 17° 50'48" E, 0.17 FEET; THENCE, S 72° 09'12" W 7.00 FEET; THENCE N 17° 50'48" W, 0.17 FEET; THENCE, S 72° 09'12" W 4.16 FEET; THENCE S 17° 50'48"E, 1.25 FEET; THENCE, S 72° 09'12" W 3.67 FEET; THENCE, N 17° 50'48" W, 1.25 FEET; THENCE, S 72° 09'12" W 23.60 FEET; THENCE, S 17° 50'48"E, 0.17 FEET; THENCE, S 72' 09' 12" W 7.00 FEET; THENCE N 17° 50'48" W, 0.17 FEET; THENCE, S 72° 09' 12" W 25.18 FEET TO THE TRUE POINT OF BEGINNING. 10313 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, 51.45 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72 11'54" W, 5.67 FEET; THENCE, N 17° 48'08" W, 7.33 FEET; THENCE. N 23° 22'26" W, 20.60 FEET; THENCE, N 72° 11'54" E, 4.75 FEET; THENCE, N 17° 48'08" W, 0.50 FEET; THENCE, S 72° 11'54" W, 1.25 FEET; THENCE, N 17° 48'08" W, 4.00 FEET; THENCE, S 72° 11'54" W, 1.25 FEET; THENCE, N 17° 48'08" W, 0.50 FEET; THENCE, N 72° 11'54" E, 2.92 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 48'08" E, 32.83 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" 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, 203.21 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72° 11'54" W, 6.87 FEET; THENCE, S 17° 48'08" E, 2.50 FEET; THENCE, S 72° 11'54" W, 1.00 FEET; THENCE, N 17° 48'08" W. 41.36 FEET; THENCE, N 72° 11'54" E, 7.87 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 48'08" E, 38.86 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "E" 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, 0.33 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF SAID EXISTING BUILDING, N 17° 48'08" W, 0.05 FEET TO THE NORHTWEST CORNER OF SAID EXISTING BUILDING; THENCE, ALONG THE EDGE OF EXISTING BUILDING, N 72° 11'25" E, 15.42 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET; THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S 71 °59' 19" W, 15.42 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT E 10314 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: National City Engineering Department AND WHEN RECORDED MAIL TO: THE CITY OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 (THIS SPACE FOR RECORDERS USE ONLY) Ground Encroachment Agreement ("EA") ENCROACHMENT AGREEMENT This Encroachment Agreement [Agreement] is entered into this 7th 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, in this instance a sidewalk and alley, adjacent to the Business property located at 819 "D" Avenue, referred to herein as the "Easement"; and, B. Business seeks to maintain a 3" wide portion of the structure within the alley, at grade disabled access ramps and raised sidewalks within "D" Avenue, and at grade stairs with 9th Street (more particularly described within attached Exhibit B and Encroachment Plat Exhibit C) for the use and benefit of Business' property, over, under and across a portion of the City Easement on 9th Street, "D" Ave and a portion of the public Alley [hereafter collectively referred to as the "Encroachment"]. 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 City and the Business agree: 1. Description of Encroachment. Business owns that certain real property commonly known as 819 D Avenue and more particularly described in Exhibit A. Business seeks to install, construct, and 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 the Encroachment Plat 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 relocation are required, Business shall Harborview Commercial Encroachment Agreement Page 1 of 4 10315 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, or may at its option pursue all of its available legal remedies for compensation for the Encroachments. 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. 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, pay in full, defend, and hold harmless City, and its officers, agents and employees from all liability, damages, 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 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 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. City Easement Obligations. Whatever rights and obligations were imposed upon the City with respect to the Easement, if any, and the Harborview Commercial Encroachment Agreement Page 2 of 4 10316 City's obligation to repair, maintain and replace the Easement, beyond and adjacent to the Encroachment, as needed, shall in no way be affected by the City's grant of permission and shall remain and continue in full force and effect and shall in no way be affected by this EA. 9. 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. 10. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business. 11. Business License Requirement. Business shall obtain a business license from City prior to the execution of this Agreement by City. 12. City's Rights and Temporary Nature of Encroachment. 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. This Agreement is temporarily granted while the City is processing a negotiated sale of either an easement or fee title to the above referenced area of encroachments which are within the City's right of way. To the extent that a final negotiated purchase and sale agreement and close of escrow is not accomplished the City may terminate this encroachment agreement and pursue all of its available legal remedies with regard to the various encroachments. Once the sale is complete and either an easement and/or boundary line adjustment is recorded, this encroachment agreement shall terminate and be of no further force and effect. 13. 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. 14. 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. 15. 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 notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 16. 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: Harborview Commercial Encroachment Agreement Page 3 of 4 10317 To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To Business: Andrew J. Held Pedcor Commercial Development LLC 770 3rd Avenue SW Carmel, Indiana 46032 (317) 250-3123 24 hour contact number 17. Entire Agreement. 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 Attest: Mic ael Dalla, ty C erk eed as to form: au. is , City Attorney The Business Signatures follow on the next 3 pages CITY F NATIONAL CITY n Morrison, Mayor SEE ATTACHED EXHIBITS A, B,C Page 4 of 4 Harborview Commercial Encroachment Agreement 10318 Harbor View Acquisitions LLC, a California limited liability company 8/23/10 (sue) Jane J. Netherton, M (Prins Name & Title) Paula -Rose Wihongi, Member NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. 10319 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT lc .c•r c c r .c r.er,� x-x�:, .o rr rF e,( :•c car cE cccc rcrcr.4src;cccree-, .re‹.cr".crcr r.e.'" r, State of California County of Los Angeles On August 23. 2010 before me, Date } Mona Steele. Notary Public Here Insert Name and Title of the Officer personally appeared Jane J. Netherton and Paula -Rose Wihongi Name(s) of Signer(s) MONA STEELE Commission • 1872572 i Notary Public - California Los Angeles County Comm. Expires Jan 1, 2014 Place Notary Seal and'or Stamp Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that hefshetheD executed the same in authorized capacity(ies), and that by bisftreaf50 signature(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:te%?) ,)/f Signature of Notary 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: Encroachment Agreement ("EA") 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 — L1 Limited J General Attorney in Fact Trustee Guardian or Conservator Other: Manager RIGHT TH OF-S IMBPRINT ,NER Top of thumb here 5 Signer's Name: Paula -Rose Wihongi Cl Corporate Officer — Title(s): ❑ Individual Li Partner — ❑ Limited ❑ General ❑ Attorney in Fact rl Trustee ❑ Guardian or Conservator IOther: Member Signer Is Representing: Signer Is Representing: [g Harbor View Acquisition, Harbor ViPW Acquisition LLC LLC K�=Ue=:<^U.c=e.�e=L"w`c=�^�'£^E:4^c=�,n-u^�:<S�'c:^�%4:�=�.�e=�:`�C.`"%c.^e=<S�z;'c=V�p=C;U;`�=w��'4J�k;`�=k+�c:+✓x:�£,`U,^r-=eu;�e%t.�e;c7u;'�:en-h.c:c."�t,^u.`�%e>`�f;`�w`�%E.�c�^.5� ©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 RIGHT THUMBPRINT OF SIGNER Top of thumb here 10320 NC Apartments, LLC a California limited liability company F/ 2 3/1v (Date) CLA-Ai✓- v i rill)( iJaturet� �"�(e 11_ j`' `\ (� (Signature) 1 � l u�1�.,7 ii. t1i.� �� L- L u ��}} j (Print Name & Title) _ 6 l )i. LJ NOTE: NOTARY ACKNOWLEDGMENTS (FO1R ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET SEQ. 10321 STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, this 23rd day of August, 2010, personally appeared Andrew J. Held, 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 PAMELA J, PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 Notary Public - '.ignature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone 10322 STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, this 23rd day of August, 2010, personally appeared Tag 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 AMELA J. PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 Notary Public - Signature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone Village Capital Corporation An Indiana corporation l7 ns�C�wF — Geo (Signature) State of Indiana SS: County of Vanderburgh 10323 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 20th day of August, 2010. p Kristi R. Krack, Notary Public My commission expires: 1/30/2017 State of Indiana SS: County of Vanderburgh KRISTI R. KRACK Resident of Vanderburgh 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 20th day of August, 2010. x '1Cit..u54i VC. ianck� Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commissar Expres: January 30, 2017 NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET SEQ. EXHIBIT A 10324 LEGAL DESCRIPTION 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 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 10325 HARBORVIEW ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF "D" AVENUE, 8TH STREET, 9TH STREET AND ALLEY ADJACENT TO LOTS 1 THROUGH 5, INCLUSIVE, BETWEEN "D"AVENUE AND "E" AVENUE IN BLOCK 1 OF T. 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" THE WESTERLY 0.25 FEET OF SAID ALLEY, BEING THE EASTERLY EDGE OF AN EXISTING BUILDING AS LOCATED AUGUST 10, 2010. EXCEPTING THEREFROM THE NORTHERLY 0.36 FEET. PARCEL "B" THAT PORTION OF SAID 9TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST 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 SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9TH STREET, N 72° 05'38" E, 33.40 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 84.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP 15535; THENCE CONTINUING ALONG THE EASTERLY EXTENSION OF SAID 9TH STREET NORTHERLY LINE, 0.25 FEET TO THE EDGE OF SAID EXISTING BUILDING; THENCE, S 17° 45'58"E, 0.15 FEET TO THE SOUTHEAST CORNER OF SAID EXISTING BUILDING; THENCE ALONG THE SOUTHERLY EDGE OF SAID EXISTING BUILDING AND/OR THE EDGE OF EXISTING CONCRETE STEP AND/OR EXISTING WINDOW FRAMES THE FOLOWING COURSES: S 72° 11'35" W 9.25 FEET; THENCE S 17° 48'25" E, 0.17 FEET; THENCE, S 72° 11'35" W 7.00 FEET; THENCE N 17° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 4.16 PEET; THENCE S 17' 48'25"E, 1.33 FEET; THENCE, S 72° 11'35" W 3.67 FEET; THENCE N 17° 48'25" W, 1.33 FEET; THENCE, S 72 11'35" W 23.60 FEET; THENCE S 17" 48'25"E, 0.17 FEET; THENCE, S 72° 11'35" W 7.00 FEET; THENCE N 17° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 25.18 FEET TO THE TRUE 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 45'45" W, 51.45 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF 10326 EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72 14' 15" W, 5.67 FEET; THENCE, N 17° 45'45" W, 7.33 FEET; THENCE, N 23 ° 20'02" W, 20.60 FEET; THENCE, N 72° 14'15" E, 4.75 FEET; THENCE, N 17° 45'45" W, 0.50 FEET; THENCE, S 72° 14' 15" W, 1.33 FEET; THENCE, N 17' 45'45" W, 4.00 FEET; THENCE, S 72° 14' 15" W, 1.33 FEET; THENCE, N 17' 45'45" W, 0.50 FEET; THENCE, N 72° 14' 15" E, 2.92 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 32.83 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" 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° 45'45" W, 203.21 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72° 14' 15" W, 6.87 FEET; THENCE S 17° 45'45" E, 2.50 FEET; THENCE, S 72° 14' 15" W, 1.00 FEET; THENCE, N 17° 45'45" W, 41.36 FEET; THENCE, N 72' 14' 15" E, 7.87 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 38.86 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "E" THAT PORTION OF SAID 8TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST 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 NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 8TH STREET, N 72° 01'42" E, 0.33 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING TO THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF SAID EXISTING BUILDING, N 17° 45'45" W, 0.05 FEET TO THE NORHTWEST CORNER OF SAID EXISTING BUILDING; THENCE, ALONG THE EDGE OF EXISTING BUILDING, N 72° 13'49" E, 15.42 FEET TO A POINT IS SAID SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET; THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S 72° 01'42" W, 15.42 FEET TO THE TRUE POINT OF BEGINNING. NOT TO SCALE 09/02/10 z N 1T48'08" W ENCROACHMENT PLAT EXHIBIT "C" (UPPER) 8 t h STREET N 71'59'19' E 117.53' L=3.01' A =26'00'56" R=6.63' r30 07 \ o `f f'So N ��� Z QCl- O U 0 N O CZ)Q Q LV � O PROPOSED STREET VACATION/DEDICATIONAREAS 77 SF = BUILDING ENCROACHMENT AREA 429 SF = RAMPS ENCROACHMENT AREA 14 SF = STEPS ENCROACHMENT AREA 520 SF = TOTAL STREET VACATION AREA 55 SF = STREET DEDICATION ALONG "0" AVE 18 SF = STREET DEDICATION ALONG DEDICATION ALONG 81." ST. 83 SF = TOTAL STREET DEDICATION AREA N 7703'15* E 117.54' 9 t h SKETCH PARCEL "A" 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 STREET LEGEND 1.08' SHEET 1 OF 4 SHEETS 10327 N 71'59'19" E 1.08' I I 1.08' 0 i I =' N 72'03' 15" E ---J 1.08' ENCROACHMENT AREA ENCROACHMENT PLAT EXHIBIT "C" (UPPER) NOT TO SCALE 09/02/10 N 1748'08" W Ca 70" ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYP) N 17'48'06" W 0.77' • B t h STREET N 71'59' 19" E 117.53' rJ .\ rr�3 0-V- N? 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 7703' 15* E \ 117.54' 58.64' �._._._._. N 72'0912" E N 72'09'12" E 22.08' 22.00' SKETCH PARCEL "B" 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 N 72'09'12" E 11.99' 9 t h STREET LEGEND SHEET 2 OF 4 SHEETS 10328 W 250.35' N z N 72'09'12" E 48.26' ,N 72'03'15" E 1.08' >N 17'48'21" W 0.98' ����j ENCROACHMENT AREA 10329 N 17'48'O6" W r ENCROACHMENT PLAT EXHIBIT "C" - (UPPER) B t h STREET N 71'59'19" E 117.53' N 71.59' 19" E 0.50' LINE DATA L1 2.07' N 72'11'54" E L1 4.67' L=7.81' - A=60'02'22" z / R=7.46' W + o co - ,r- �� ,\C) CV N 0 0 N 3I N ZI Q Q O Q a I o O Q 2C k LEGEND N 72'03'15" E 0.50' N 72'03'15* E 117.54' 9 t h STREET L -S SHEET 3 OF 4 SHEETS NOT TO SCALE 09/02/10 1-4 a r%�ENCROACHMENT AREA SKETCH PARCEL "C" VICTOR RODRIGUEZ-FERNANDEZ, P.E., P.L.S. 4901 MORENA BLVD., STE. 409, S.D. CA. 92117 PH: (858) 967-5693 FAX: (658) 581 6138 10330 ENCROACHMENT PLAT EXHIBIT "C" (UPPER) 8 t h STREET 10" ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYP) 0.89' I SHEET 4 OF 4 SHEETS 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' 1.08' 1 0 I C0 -Wr3i M I "! o I NLo �f 1 0 N 72'03'15" E 117.54' 9 t h STREET 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 Z N 17'48'19" W 0.47' NOT TO SCALE 09/02/10 ENCROACHMENT AREA RESOLUTION NO. 2010 — 199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY 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 STREET ENCROACHMENTS INTO PORTIONS OF D AVENUE, EAST 8TH STREET, EAST 9TH STREET, AND THE ADJACENT ALLEY WHILE THE PARTIES NEGOTIATE TERMS FOR THE FINAL RESOLUTION OF PROPERTY INTERESTS 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 the City's reserved right-of-way on D Avenue, East 8th Street, East 9th Street, and the adjacent alley; and WHEREAS, the encroachments do not require immediate removal at this time, however, because they do project into the City's right-of-way, an Encroachment Agreement is required pursuant to Chapter 13.12 of the National City Municipal Code; and WHEREAS, the City is negotiating the sale of either an easement or fee title, therefore, a temporary Encroachment Agreement promising to comply with all requirements of the City of National City has been executed by the Property Owners while that negotiation occurs; and WHEREAS, this temporary Encroachment Agreement shall terminate and be of no further force and effect once the sale is complete and either an easement and/or boundary line adjustment is recorded, or if final negotiated purchase and sale agreement and close of escrow is not accomplished, the City may terminate the temporary Encroachment Agreement and pursue all of its available legal remedies with regard to the various encroachments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a temporary Encroachment Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property owners of 819 D Avenue, for the existing street encroachments into portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley while the parties negotiate terms for the final resolution of property interests. Said temporary Encroachment Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 — 199 Page 2 PASSED and ADOPTED this 7th day of September 10. orrison, Mayor ATTEST: Michael R. Dalla, City Clerk A • ROVE I AS TO FORM: audia Iva City Attor 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 Cl rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-199 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 '1EETING DATE: September 7, 2010 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a temporary 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 street encroachments into portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley while the parties negotiate terms for the final resolution of property interests. PREPARED BY: Charles Nissley DEPARTMENT: Deve PHONE: 4396 APPROVED B EXPLANATION: The owners of the property located at 819 D Avenue during construction of their property constructed into the City reserved right-of—way with several facilities necessary for access into their property. 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 right-of-way and the City is negotiating the sale of either an easement or fee title, this Encroachment Agreement is temporarily granted while that negotiation occurs. This encroachment agreement shall terminate and be of no further force and effect once the sale is complete and either an easement and/or boundary line adjustment is recorded, or if final negotiated purchase and sale agreement and close of escrow is not accomplished, the City may terminate the encroachment agreement and pursue all of its available legal remedies with regard to the various encroachments. p�-nt Services/Engineering c-,� The encroachment agreement shall require that the owner record the same with the County Recorder. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Deed Restriction with Encroachment Agreement 2. Resolution Kt �o�vt\ou 2,o\0-gq