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HomeMy WebLinkAbout2010 CON (Encroachment Agreement) Kathryn Boone - Iron FenceNOTE TO FILE 01-31-11 IN THE MATTER OF: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Agreement with the property owner of 1303 East 1st Street for an iron fence encroaching the public right- of-way. Please note the following: A CONFORMED COPY ONLY HAS BEEN FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants City Attorney _ Human Resources _ City Manager _ MIS Community Svcs. Planning X Engineering _ Police Finance Public Works Fire NOTE: • Original documents have been sent by the County Clerk's Office to property owner. • Paragraph #4 states that"... This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk." NTF Please•complete this information. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CIO eL7ir Pr. jo» 3,5-37 C' c i (/i G.J Pk L� %11t)t /y ///ci THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 14, 2010 DOCUMENT NUMBER 2010-0553094 DAVID L. BUTLER COUNTY RECORDER SAN DIEGO COUNTY' RECORDERS OFFICE TIME: 11:37 AM Space above this line reserved for Recorder's Use Only Govt. Code 27361.6 R11.ffe4.a/ (Please fill in document title(s) on this line) Govt. Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Govt. Code 27361.6 (Additional recording fee applies) FEE: $320.00 ENCROACHMENT AGREEMENT (Homeowner) This Encroachment Agreement (Agreement) is entered into this 21ST day of September, 2010, by the City of National City, a municipal corporation, ([City) and Kathryn L. Boone (Homeowner). RECITALS A. City holds an easement for a public right-of-way over the southwesterly side of lot 68 and the southerly 41.17 feet of lot 69 of Paradena Park Subdivision, Map 1404 referred to herein as the "Easement". B. Homeowner desires to maintain an iron fence (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 Homeowner the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which Homeowner and City agree: 1. Description of Encroachment. Homeowner owns that certain real property commonly known as 1303 E. 1st Street and more particularly described in Exhibit "A". Homeowner 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 and depicted in Exhibit "B", 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 Homeowner at Homeowner's sole expense. When removal or relocation are required, Homeowner 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 Homeowner fail to remove or relocate the Encroachment within thirty (30) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done at Homeowner's sole cost and expense, which shall be a lien upon said land. Page 1 of 4 Homeowner Encroachment Agreement 3. Maintenance. Homeowner 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 Homeowner. 4. Recording. A copy of this Agreement shall be recorded against any real property of the Homeowner's that is hereby benefited by the Encroachment. Homeowner shall pay the recording fee and shall be responsible for recording this Agreement. 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 he 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 Homeowner. 6. Indemnification and Hold Harmless. Homeowner 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 Homeowner described in this Agreement, except to the extent arising from the City's sole intentional or negligent acts. 7. Insurance Homeowner 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 One Million Dollars ($1,000,000.00) 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 insureds, 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, Homeowner shall furnish City a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at Homeowner's expense or immediately terminate this agreement. 8. Chapter 13.12 of the National City Municipal Code Homeowner 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. Owner also acknowledges that those terms and conditions include, without limitation, that the City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. Page 2 of 4 Homeowner Encroachment Agreement 9. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Homeowner, recorded with the County Recorder by the Homeowner, and a conformed copy of such recording is returned to the City Clerk for the City of National City. 10. City's Rights. Homeowner agrees that City's rights to the Easement are paramount to this Agreement. Homeowner shall in no way interfere with City's right to use, access, or possess the Easement. 11. Alterations and Improvements. Homeowner 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. 12. Damage to Easement. Homeowner shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment, and Homeowner shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Homeowner's sole expense. 13. Termination. This Agreement is terminable at will by the City and by Homeowner. Homeowner 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 recroded in the Office of the County Recorder, County of San Diego. 14. Notices. Any notice provided by this Agreement or required by law to be given or served upon City or Homeowner, 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 To Homeowner: Brenda Arleen Jolin 3537 Crestview Dr. W. University Place, Wa. 98466-2015 (253) 377-3131 24 hour contact number Page 3 of 4 Homeowner Encroachment Agreement 15. 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 21, 2010 Attest: I Michael Dalla ity Clerk Agreed as to form: ity Attorney Dated: See attached copy of Power of Attorney CITY OF NATIONAL CITY on Morrison, Mayor Brenda Arleen Jolin for Kathryn L. Boone Printed Name (253) 377-3131 24 hr. Phone Number ATTACH NOTARY CERTIFICATION FOR THE HOMEOWNER. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Page 4 of 4 Homeowner Encroachment Agreement California All -Purpose Acknowledgement State of California County of San Diego On 26 Sept., 2010 before me, Charles A. Nissley Jr. Notary Public Name & Title of Officer personally appeared Brenda A. Jolin who 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), & that by his/her/their signatures(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 & correct. WITNESS my hand & offic Signature of Nota rs CHARLEs . N"I$S COMM. #1755224 rn Notary Put4c alto mEOO CAu1RY Ccfnm. Exp. July 3, 2011 Notary Seal Optional Information Description of Attached Document: Title or Type of Document: Document Date: Number of Pages: Other information: -1 1 S1DEW ' EXHIBIT "B" NOT TO SCALE iv PL=50.00' PL. 41.559' IRON FENCE ENCROACHING THE PUBLIC RIGHT OF WAY BY1.5FEET 0.5' CURB • ,1303 E. / 1ST STREET ////// <s> STRF FT I; • • • • • • • ACOROI CERTIFICATE OF LIABILITY INSURANCE PRODUCER 858.578.0020 FAX 858.578.0059 B.H. Gold Insurance Agency, Inc. 9699 Tierra Grande Suite 100 San Diego, CA 92126 DATE (MM/DDXYYYY) 04/16/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC t/ INSURED Kathryn Boone 1101E 1st Street National City, Ca. 91950 INSURER A: USLI INSURER B: INSURER C: INSURER D- INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE!) HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANTI CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTRINSRODATE AMYL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IMM/DD/YYl POLICY EXPIRATION DATE lM /DD/YYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Fa nrsuren,e) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL F. ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ POLICY n PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (La accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLAIt/HULOT X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ PCL1162601 04/12/2010 04/12/2011 EACHOCCURRENCE $ 1,000,000 AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED, If yes. describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY I IMII S E.L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT L SPECIAL PROVISIONS 1303 E 1st Street, National City, Ca. 91950 CERTIFICATE HOLDER Insured's copy ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Cindy Yeslinek/YESLIN ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) RESOLUTION NO. 2010 — 208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE PROPERTY OWNER OF 1303 EAST 1ST STREET FOR AN IRON FENCE ENCROACHING THE PUBLIC RIGHT-OF-WAY WHEREAS, Kathryn Boone, owner of the property located at 1303 East 1st Street, applied for a building permit for a room addition; and WHEREAS, an inspection revealed that an iron fence along the property line is encroaching the public right-of-way by approximately 2% feet; and WHEREAS, as required, Ms. Boone has authorized, and her daughter Brenda A. Jolin as her Attorney -in -Fact has 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 accepts that certain document entitled "Encroachment Agreement" executed by Kathryn Boone's Attorney -in -Fact, Brenda A. Jolin. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Encroachment Agreement. PASSED and ADOPTED this 21st day of September, 2010. on Morrison, Mayor ATTEST: fth celR. Dalla Mi , ity Clerk PROVED AS TO FORM: G. Sil City Attorney Passed and adopted by the Council of the City of National City, California, on September 21, 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 MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-208 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2010. City erk of the City of National City, California By: Deputy RECORDING REQUESTED BY: Brenda A. Jolin 3537 Crestview Dr. W University Place, WA 98466 WHEN RECORDED MAIL TO: Zvi "Hershy" Silver, SBN 234855 LAW OFFICES OF ZVI "HERSI Y" SILVER, APC 600 West Broadway, Suite 1520 San Diego, CA 92101 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON FEB 08, 2010 DOCUMENT NUMBER 2010-0063969 DAVID L. BUTLER. COUNTY RECORDER SAN DIEGO COUNTY RECORDERS OFFICE TIME 1203 PM Space above for Recorder's Use Kathryn L. Boone, Principal; to Brenda A. John, Agent: DURABLE POWER OF ATTORNEY WARNING TO PERSON EXECUTING THIS DOCUMENT: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LA IER WISH TO DO SO. THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY THAT BECOMES EFFECTIVE IMMEDIATELY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. 1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY -IN -FACT WITH BROAD POWERS TO DISPOSE, SELL, CONVOY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY. 2. THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU LIMIT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY. 3. YOU HAVE THE RIGHT TO REVOKE OR TERMINA I L THIS DURABLE POWER OF ATTORNEY AT ANY TIME. Page ]Iof6 Durable Power of Attorney Kathryn L. Boone POWER OF ATTORNEY TO BECOME EFFECTIVE IMMEDIATELY This durable power of attorney shall become effective immediately. This power of attorney shall continue after the principal's incapacity in accordance with its terms. While the principal is not incapacitated, this durable power of attorney may be modified by the principal at any time by written notice given by the principal to the agent and may be terminated at any time by either the principal or the agent by written notice given by the terminating party to the other party. On the death of the principal, this power shall terminate and the assets of the principal shall be distributed to the duly appointed personal representative of the principal's estate; or, if no estate is being administered, to the persons who lawfully take the assets without the necessity of administration when they have supplied the agent with satisfactory documents as provided by law. TO WHOM IT MAY CONCERN: Kathryn L. Boone ("principal"), hereby appoints Brenda Arleen Jolin as the principal's true and lawful attorney -in -fact for the principal and in the principal's name, place, and stead as follows: 1. To manage, control, lease, sublease, and otherwise act concerning any real property which the principal may own, collect and receive rents or income therefrom; pay taxes, charges, and assessments on the same; repair, maintain, protect, preserve, alter, and improve the same; and do all things necessary or expedient to be done in the agent's judgment in connection with the property. 2. To manage and control all partnership interests owned by the principal and to make all decisions the principal could make as a general partner, limited partner, or both, and to execute all documents required of the principal as such partner, all to the extent that the agent's designation for such purposes is allowed by law and is not in contravention of any partnership or other agreement. 3. To purchase, sell, invest, reinvest, and generally deal with all stocks, bonds, debentures, warrants, partnership interests, rights, and securities owned by the principal. 4. To collect and deposit for the benefit of the principal all debts, interest dividends, or other assets that may be due or belong to the principal, and to execute and deliver receipts and other discharges therefore; to demand, arbitrate, and pursue litigation on the principal's behalf concerning all rights and benefits to which the principal may be entitled; and to compromise, settle, and discharge all such matters as the agent considers appropriate under the circumstances. 5. To pay any sums of money that may at any time be or become owing from the principal; to sell, and to adjust and compromise any claims which may be made against the principal as the agent considers appropriate under the circumstances. Page 12 of 6 Durable Power of Attorney Kathryn L. Boone _ 6. To grant, sell, transfer, mortgage, deed in trust, pledge, and otherwise deal in all property, real and personal, that the principal may own, including, but not limited to, any real property described on any exhibit attached to this instrument including property acquired after execution of this instrument; to attach exhibits to this instrument which provide legal descriptions of all such property; and to execute such instruments as the agent deems proper in conjunction with all matters covered in this paragraph 6. 7. To prepare and file all income and other federal and state tax returns which the principal is required to file; to sign the principal's name; hire preparers and advisors and pay for their services; and to do whatever is necessary to protect the principal's assets from assessments for income taxes and other taxes. The agent is specifically authorized to receive confidential information; to receive checks in payment of any refund of taxes, penalties, or interest; to execute waivers (including offers of waivers) of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims for credit or refund; to execute consents extending the statutory period for assessment or collection of taxes; to execute closing agreements under Internal Revenue Code section 7121 or any successor statute; and to delegate authority or substitute another representative with respect to all above matters. 8. To deposit in and draw on any checking, savings, agency, or other accounts that the principal may have in any banks, savings and loan associations, and any accounts with securities brokers or other commercial institutions, and to establish and terminate all such accounts. 9. To invest and reinvest the principal's funds in every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not limited to, corporate obligations of every kind; preferred or common stocks; shares of investment trusts, investment companies, and mutual funds, and mortgage participations; that, under the circumstances then prevailing (specifically including, but not limited to, the general economic conditions and the principal's anticipated needs) persons of skill, prudence, and diligence acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of a similar character and with similar aims, to attain the principal's goals; and to consider individual investments as part of an overall plan. 10. To have access to all safe deposit boxes in the principal's name or to which the principal is an authorized signatory; to contract with financial institutions for the maintenance and continuation of safe deposit boxes in the principal's name; to add to and remove the contents of all such safe deposit boxes; and to terminate contracts for all such safe deposit boxes. 11. To make additions and transfer assets to any and all living revocable trusts of which the principal is a settlor. 12. To make direct payments to the provider for tuition and medical care for the principal's issue under Internal Revenue Code section 2503(e) or any successor statute, which excludes such payments from gift tax liability. I/I Page I3of6 Durable Power of Attorney Kathryn L. Boone 13. To use any credit cards in the principal's name to make purchases and to sign charge slips on behalf of the principal as may be required to use such credit cards; and to close the principal's charge accounts and terminate the principal's credit cards under circumstances where the agent considers such acts to be in the principal's best interest 14. Generally to do, execute, and perform any other act, deed, matter, or thing, that in the opinion of the agent ought to be done, executed, or performed in conjunction with this power of attorney, of every kind and nature, as fully and effectively as the principal could do if personally present. The enumeration of specific items, acts, rights, or powers in this instrument does not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers granted to the agent except where powers are expressly restricted. 15. The agent is authorized and directed to commence enforcement proceedings, at the principal's expense, against any third party who fails to honor this durable power of attorney. 16. Notwithstanding any other possible language to the contrary in this instrument, the agent is specifically NOT granted the following powers: (a) To use the principal's assets for the agent's own legal obligations, including, but not limited to, support of the agent's dependents; (b) To exercise any trustee powers under an irrevocable trust of which the agent is a settlor and the principal is a trustee; and (c) To exercise incidents of ownership over any life insurance policies that the principal owns on the agent's life. 17. Any third party from whom the agent may request information, records, or other documents regarding the principal's personal affairs may release and deliver all such information, records, or documents to the agent. The principal hereby waives any privilege that may apply to release of such information, records, or other documents. 18. The agent's signature under the authority granted in this power of attorney may be accepted by any third party or organization with the same force and effect as if the principal were personally present and acting on the principal's own behalf. No person or organization who relies on the agent's authority under this instrument shall incur any liability to the principal, the principal's estate, heirs, successors, or assigns, because of reliance on this instrument. 19. The principal's estate, heirs, successors, and assigns shall be bound by the agent's acts under this power of attorney. 20. This power of attorney shall commence and take effect immediately. Page j4of6 Durable Power of Attorney Kathryn L. Boone 21. The principal hereby ratifies and confirms all that the agent shall do, or cause to be done, by virtue of this power of attorney. 22. If a conservatorship of the principal's person or estate or both is deemed necessary, the principal hereby nominates Brenda A. Jolin, as conservator of the principal's person and estate. IN WI WHEREOF, the principal has signed this durable power of attorney on , 20 Kathryn L. Boone Page 15 of 6 Durable Power of Attorney Kathryn L. Boone STATE OF CALIFORNIA, COUNTY OF SAN DIEGO S.S. On February 05, 2010, before me j?o,nQ h (too/ A46.,y 11446,01ere insert name d title of the officer) ersonally appeared Kti ryrt t • 60 o rte , who proved to me on the basis of satisfactory evidence to be the person0 whose nameks) isle subscribed to the within instrument and acknowledged to me thatildshe/Oley executed the same inWher/thdir authorized capacityijeefi; and that by j ther/thetT• signatures on the instrument the perso9kej, or the entity upon behalf of which the personf,sracted, executed the instrument. I certify and declare 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 Bottom of Form _ fri ROMAN CEOILLO to�1► Couu- 1827370 in ,,!'t`� ; t• 9orAarru6LiC-CAUFowNu w 4 - SAN SIM COVNir sss...,,,...........�.. Yr COru EXP. JAN. 15 YOU Page6of6 Durable Power of Attorney Kathryn L. Boone RESOLUTION NO. 2010 — 208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE PROPERTY OWNER OF 1303 EAST 1ST STREET FOR AN IRON FENCE ENCROACHING THE PUBLIC RIGHT-OF-WAY WHEREAS, Kathryn Boone, owner of the property located at 1303 East 1st Street, applied for a building permit for a room addition; and WHEREAS, an inspection revealed that an iron fence along the property line is encroaching the public right-of-way by approximately 21/2 feet; and WHEREAS, as required, Ms. Boone has authorized, and her daughter Brenda A. Jolin as her Attorney -in -Fact has 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 accepts that certain document entitled "Encroachment Agreement" executed by Kathryn Boone's Attorney -in -Fact, Brenda A. Jolin. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Encroachment Agreement. PASSED and ADOPTED this 21st day of September, 2010. on Morrison, Mayor ATTEST: Mi , ity Clerk c ael R. Dalla PROVED AS TO FORM: 1;' Ir.dia G. Sil City Attorney Passed and adopted by the Council of the City of National City, California, on September 21, 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 4 City Cn erk of the ity o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-208 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT q02,-\y-t MEETING DATE: September 21, 2010 AGENDA ITEM Na 4 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Agreement with Kathryn Boone, owner of the property at 1303 E. 1st Street with iron fence encroaching the public right of way. PREPARED BY: Mauro Nebreja , DEPARTMENT: Develo rvices/ PHONE: 619-336-4392 � yi APPROVED BY: Fna EXPLANATION: Kathryn Boone, homeowner of 1303 E. 1st Street applied for a building permit for a room addition. During site inspection it was discovered that the iron fence along the property line is encroaching into the public right of way by approximately 2-1/2 feet. Instead of moving the iron fence back to the property line, she has chosen to sign an Encroachment Permit and Agreement. The homeowner designated her daughter, Brenda A. Jolin as her Attorney -In -Fact as evidenced by the attached Durable Power of Attorney. An encroachment fee was collected and a notarized copy of the agreement was submitted together with a one million dollar liability insurance certificate. The document has been reviewed and staff recommendation is to approve the Encroachment Permit and Agreement. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Encroachment Agreement 5. Resolution 2. Receipt of Fee Paid 3. Insurance Certificate 4. Durable Power of Attorney Q,ti.00uVt\04s \--s0- rd0\O- rd0� CAL'► TNCOR.PORATE OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax KATHRYN BOONE RESOLUTION NO. 2010-208 Adopted 09-21-10 Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Encroachment Agreement with the Property Owner of 1303 East 1st Street for an Iron Fence Encroaching the Public Right -of -Way Received 1 Fully Executed Original Encroachment Agreement Signature A it//1, N Print Name Date U