HomeMy WebLinkAbout2013 CON (Encroachment Agreement) Nagraj - 1700 East Plaza Blvd APN 557-410-19PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED,BY:
City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950
AND WHEN RECORDED MAIL TO:
City Engineer
City of National City
1243 National City Blvd.
National City, CA 91950
D 0 C # 2013-4662007
NOV 06, 2013 1:36 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr., COUNTY RECORDER
FEES: 64.00 WAYS: 2
PAGES
12
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
THIS SPACE FOR RECORDER'S USE ONLY
(Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt
from Recorder's fees pursuant to Government Code Section 27383)
ENCROACHMENT PERMIT AND AGREEMENT
FOR PARCELNO. 557-410-19
(Please fill in document title(s) on this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
ENCROACHMENT PERMIT AND AGREEMENT
(Commercial)
The City Of National City hereby grants an Encroachment Permit to the undersigned, (hereinafter referred to
as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the
National City Municipal Code, expressly incorporated herein by reference.
OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of
personal property that is proposed to be installed in the public right of way or other public property of the City
of National City, County of San Diego, State of California as a result of the project ("Project") described in
Exhibit A2 of the Second Amended Complaint in that civil action entitled City of National City, etc. v.
Nagraj, Inc, et al. being San Diego County Superior Court case number 37-2010-00077984-CU-EI-SC. The
OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as
"CITY") to maintain certain personal property or a building, facility or other structure (hereafter designated
from time to time as an "encroach ent") within or upon a CITY easement, property or right-of-way for the
use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows:
The site of installation and any description of OWNER'S encroachment are described in EXHIBIT B,
attached hereto and made a part hereof.
The terms and conditions under which the encroachment is to be installed and maintained upon completion of
the Project are as follows:
1. As set forth hcreinbelow, upon revocation by CITY, through its City Engineer, the above
described encroachment shall be abandoned, removed or relocated by OWNER at the OWNER'S sole
expense. The City Engineer may revoke this encroachment permit for cause upon determining that OWNER
is proceeding in a hazardous manner, has failed to comply with one or more of the material terms, conditions
or restrictions incorporated in the permit; or has provided materially false or misleading information to the
City Engineer regarding the encroachment or its installation. The City Engineer may also revoke this
encroachment permit without cause when necessary to remove the encroachment extending onto public
property from private property that interferes with public convenience, welfare and/or safety. In
circumstances involving public convenience, welfare and/or safety, CITY shall first give OWNER notice of
any interference and allow OWNER thirty (30) days to remedy said condition (if feasible) before removal is
mandated. CITY shall provide details in the notice to OWNER with sufficient specificity to allow OWNER
to correct such interference. If the condition cannot be remediated, OWNER must remove the encroachment.
The terms of this section 1 control over Section 13.12.080(A) of the Municipal Code. However, nothing in
this section 1 shall prohibit the CITY from taking any action deemed necessary by the City Engineer to
protect the public convenience, welfare and/or safety from the encroachment, the reasonable costs of which
shall be paid by the OWNER. Nothing in this section 1 shall limit the appeal rights of the OWNER as set
forth in Section 13.12.110 of the Municipal Code.
2. After completion of the Project at the property of the OWNER, said encroachment shall be
maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and
any successor in interest, who shall hold CITY harmless with respect thereto.
3. This permit and agreement, when made for the direct benefit of OWNER'S land or property
above described, and the covenants herein contained shall run with said land and shall be binding on the
assigns and successors of OWNER. Should OWNER or its successors fail to remedy, remove or relocate the
encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City,
CITY may cause such removal or relocation to be done at OWNER'S sole cost and expense. A copy of this
encroachment agreement shall be recorded against any real property of the OWNER'S that is hereby
benefited by the encroachment. Upon request by CITY, OWNER shall record this Encroachment Agreement
with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the
CITY.
4. After completion of the Project at the property of the OWNER, OWNER shall indemnify, defend,
and hold harmless CITY and its officers, agents, and employees from all liability, Toss, costs, claims, demand,
suits, and defense costs, including attorneys' fees, arising out of OWNER'S entry upon and use of CITY'S
easement or right-of-way for the installation, maintenance, and use of the OWNER'S encroachment.
5. OWNER and each successor in interest or assign shall take out and maintain, during the time the
encroachment remains on CITY'S easement or right-of-way, comprehensive general liability insurance with
minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all
bodily and property damage arising out of this Agreement.
This pulley 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, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing
the coverage required by this clause. Should owner fail to do so, CITY may elect to obtain such coverage at
OWNER'S expense or immediately terminate this agreement.
6. The full terms and conditions under which, this encroachment permit is issued are further set
forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically
acknowledges and agrees to which owner.
7. This encroachment Permit is not valid and confers no rights to install and maintain an
encroachment until it is accepted by both the OWNER and CITY.
DATED:
CITY ATIONAL CITY
OWNER:
iW era&.I i u�
orrison, Mayor Entity/Compa
Signature
Name & Title
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNWLEGEMENT NOTARY ONLY.
NAGRAJ, INC.
OWNER/APPLICANT INFORMATION:
Mukesh R. Jariwala
Person in Responsible Charge
(619) 474-6491
24/7 Phone Number
Stardust Inn
Firm Name
Mailing Address:
1700 E Plaza Blvd.
National City, CA 91950
PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER
AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
• . •, rr•r^r r r r• r r r r rr r r r r r r v,.r-r r v: v-:
State of California
County of Jib
}
On 0 �I i' 3 before me, Q1( L
date Here Insert
personally appeared \ 3 1 Wd
Name(s) of Signer(s)
me an
tle of the Officer
INGRID L. SLETTENGREN
Commission ! 2023130
Notary Public • California
San Diego County
M Comm. E fires Ma 4, 2017
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person whose name(`s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/h /tiseir authorized capacity(ieg), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
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:
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: ( F�i�l(yy� �.( (Y c ¢ $,Q�
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Document Date: (') . �1) a l)
Signer($ Other Than Named Above: 6.,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
J Corporate Officer — Title(s):
,l Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages: 11
Signer's Name:
❑ Corporate Officer — Title(s):
• Individual �)
❑ Partner — ❑ Limited LJ General >>
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
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Signer Is Representing:
@ 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)
Item #5907
EXHIBIT "A"
PERMANENT ACQUISITION
APN-557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80.00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY; COUNTY OF SAN. DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, -MAY 11,_ 1869, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A
BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH 89°04'36' EAST 383:63 FEET TO A POINT IN THE WES IERLY
UNE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998-
0138180 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG SAID WESTERLY UNE NORTH 17°41'47" WEST 7.45 FEET
TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINNING OF A
NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'11`WEST, SAID POINT
BEING.ON THE SOUTHERLY UNE OF PLAZA BOULEVARD;
2. THENCE ALONG THE NORTHERLY UNE OF SAID PARCEL EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16°03'56' A DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF
SAID LAND, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°58'45' EAST
(SOUTH 4°24'17'. EAST PER SAID DEED)
3. THENCE LEAVING SAID NORTHERLY UNE ALONG THE EASTERLY UNE
OF LAND PER SAID DEED SOUTH 17°44'47* EAST 2.81 FEET TO THE
BEGIFINTFIG o-F A NON=TANGENT-61Z20zFOOTTRADIUS^CURVECONiC"AVE -
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°40'21"
EAST;
4_ THENCE LEAVING SAID -EASTERLY UNE WESTERLY ALONG THE ARCOF
$AID; CURVE THROUGH A CENTRAL ANGLE -OF 13°59'S1' A DISTANCE OF
149.56 FEET TO_THE TRUE PDINTOE-BEGINNING.
AREA,;'- 0.914 ACRES,- MORE OF2 LESS:
•
MICKEY =. A3
EXP. 3-31-10
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-19
•
THAT PORTION -OF THE NORTHWESTERLY QUARTEROF THE WESTERLYHALF
OF 89.00 ACRE LOT 2 IN QUART tit SECTION -129,OF RANCHO DEM NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OFSAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FII Fn IN THE OFFICE -OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY It 1869, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK.. STAMPED CP5 ACCORDING TO RECORD OF.
SURVEY MAP NO: 17515 FILED IN THE OF ICE OF THE COUNTY -RECORDER ON
AUGUST 30, 2002' WHICHBEARS SOUTH 17.°3527' -EAST 28544 FEET FROM A
BRASS DISK STAMPED CP0-ACCORDING TO _SAID RECORD OF SURVEY MAP;
THENCE NORTH 89°0:1'36' EAST 383_63 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998-
°138180 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT
612.20-FOOT RADIUS -CURVE CONCAVE N,ORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 9°19'30' WE-ST, SAID POINT BEING THE TRUE POINT .OF
BEGINNING;
t THENCE LEAVING SMD WESTERLY LINE EASTERLY ALONG THE ARC OF
SAID CURVE TURQUGH A CENTRAL ANGLE OF 13°59'51" A DISTANCE OF
149.56 FEET TO A POINT ON THE EASTERLY UNE OF LAND PER SAID
DEED;- •
2. THENCE ALONG SAID EAS1F_RLY LINE SOUTH 17°41'47' EAST <SOUTH
18°1332' EAST PER SAID DEEM 10:26 FEET TO THE BEGINNING OF A
NON -TANGENT 62220-FOOT RADIUS CURVE CONCAVE NORTHERLY,- •A
RADIALUNTOSAID PONT.BEARszpurHieartr EAST; •
a THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF
SAID. CURVE THROUGH A CENTRAL ANGLE OF 3630'27" A DISTANCE OF
Es:.o-y FEET; -
4.- THENCE- SOUTH 0°4,9'41' WEST 4.00 FEETTOTHE BEGINNING OE A NON-
TANGENT62620-FOOT RADIUS MIN& cpuckw NORIHtRLY, A RADIAL.
LINE TO sAip:Parrt EORS SOUTH 1°21'50"-EAST; - -
5.• THENCE WESTERLY ALONG • THE-. ARC OF SAID 'CURVE THROUGH A -
CENTRAL ANGLE OF-4°25'0a. A DISTANCE OF 48.30 FEET; . . -
B. THENCE NORTH -9°40'39'f- EAST 4:03 FEET TO THE BEGINNING OFA NON -
TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 3°09'44" WEST;
•7_ THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH
CENTRAL ANGLE OF 5°50'39' A:DISTANCE OF 63,46 FEET TO A POINT -ON
THE WESTMLY LINE OF -LAND PER DEED; •
. 8. THENCE ALONG SMD wsTERLY LINE NORTH17-blii4r WEST 1120 FEET
Ti-(E TRu4 :POINT 0-13EGINNING. - - •
Pagel of 2
EXHIBIT "A"
(Page 2)
AREA = 0.039 ACRES, MORE OR LESS.
MICKEY B AG
• EXP: 3-31-10.
r
jRC 27.648
- Page2oi2
4i0 ESS104,q
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No. 27646
Dip- 03131r10
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EXHIBIT "A"
APN 557-410-19
CP6 -
CP5 `
383.63 ,
N 89-04'36' E
T.P.O.B J
PERM. ACQ.
AND ICE
o, p
PLAZA BLVD.
c1
TABULATED CUR1lE.DATA.
CURVE
DELTA
RADIUS
LENGTH.
C1
161.13'56'
540.00'.
_ 151.41'
C2 .
13'59'51-
612,213'
149.56'-
C3
:330'27"
62220'
. 38A9'
C4
4'25'08'
626.20'
62220'
_ 48.30'_
C5
5*50'39'
63.46'
T.P.O.B.
P.O.B.
PERMANENT
ACQ111SITION
AREA = 0.014 ACRES
TEJAPORARY CONSTRUCTION
EASEMENT (TCE),
AREA = 0.039 ACRES
TRUE POINT QF BEGINNING
POINT OF BEGINNING
CONTROL POINT
PER ROS 17515
WC.
ra
04'40'21' E (R)
I n
6._
WI
ml
LAND D PER DEED . REC. 3/13/98
AS DOC. NO..1998-013T180 U.R.
557-410-19
PDn. NW 1/4 o
W1/2OFBO
ACRE LOT 2 1t
@AJAR- ER BEG. 129 .Dr
RHO: DE LA NACIDN
MAP NO. 155
REVISER BY:
DRAWN BY: KA
DATE:
RATE: 4--16-08
CHECI:ED BYMA
DATE:5-22-08
AT'PROVE]i 9Y:.
OATE;
NATIONAL cIT
PERMANENT ACQUISITION
AND -TEMPORARY CONS111CIlON-EASEldENT
APN. 557-440=19.
HA1 tA,1 INC.-., .
'DOC_ 110:
DWG. NI-
EXHIBIT "B"
AERIAL ENCROACHMENT AREA
APN 557-410-19
AN AERIAL ENCROACHMENT FOR A SIGN HEAD WITH A MINIMUM
VERTICAL CLEARANCE OF SEVEN FEET AS MEASURED FROM THE FINISH
SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE SIGN HEAD AND A
MAXIMUM VERTICAL ALLOWANCE OF FORTY FEET TO THE TOP OF THE
SIGN ENCROACHING OVER A PORTION OF EAST PLAZA BOULEVARD BEING
A PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE I..,A NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD
OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY
RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST FROM
A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY
MAP THENCE NORTH 89°04'36" EAST A DISTANCE OF 383.63' TO A POINT IN
THE WESTERLY LINE OF LAND CONVEYED PER DEED RECORDED MARCH
13, 1998 AS DOCUMENT NUMBER 1998-0138180 OF OFFICIAL RECORDS SAID
POINT BEING THE BEGINNING OF A NON -TANGENT 612.20 FOOT RADIUS
CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 9°19'30" WEST
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1°26'38" A DISTANCE OF 15.430 FEET TO A POINT IN
SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 7°52'52" WEST
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CURVE NORTH 07°52'52" EAST A DISTANCE OF 5.875
FEET TO A POINT ON A NON -TANGENT 540 FOOT RADIAL CURVE CONCAVE
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°14' 19" WEST,
SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD;
THENCE ALONG THE SOUTHERLY LINE OF PLAZA BOULEVARD EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°21'36"
A DISTANCE OF 3.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
10°02'58" WEST;
THENCE LEAVING THE SOUTHERLY LINE OF PLAZA BOULEVARD SOUTH
7°52'52" WEST A DISTANCE OF 5.752 FEET TO A POINT ON SAID NON -
TANGENT 612.20 FOOT RADIAL CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 7°34' 12" WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE
OF 0°18'40" A DISTANCE OF 3.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA=17.4282 SQUARE FEET MORE OR LESS.
(Page 2)
CP6
rn
VERTICAL CLEARANCE
N89' 04'36" E
Cps' - 383.63'
P.O.B.
TABULATED CURVE DATA
CEVE
UEL1A
RADIUS
WERGTR
C1
16 O3' 50
540.00'
151,41'
CIA
O2'21' 36'
540.00'
3.00'
C2
13' 57 51'
612.20'
140..56'
CZA
0" 16' 40"
612.20'
3.00.
1
yarn
ti �ry
c2q
c2
SEE DETAIL °A"
THIS SHEET
DETAIL "A"
NATIONAL CITY
ENCROACHMENT AGREEMENT
AGREEMENT DATE
ENGINEERING NO.
LEGEND
P.O.B.
ENCROACHMENT
AREA
CONTROL POINT
PER ROS 17515
POINT OF
BEGINNING
T.P.O.B. TRUE POINT
OF BEGINNING
BOUNDARY OF LAND PER DEED
RECORDED 3/13/98 AS DOC.
NO. 1998 -- 0138180 O.R.
APN 55i 4..0 19
RESOLUTION NO. 2013 — 138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NAGRAJ, INC.,
WHEREBY THE CITY GRANTS AN AERIAL ENCROACHMENT OVER A PORTION OF
PUBLIC RIGHT-OF-WAY LOCATED AT 1700 EAST PLAZA BOULEVARD
WHEREAS, on November 15, 2011, the City Council adopted Resolution No.
2011-248, which amended Resolution No. 2010-59 (adopted on April 6, 2010) finding and
declaring the public interest and necessity for acquiring and authorizing condemnation and
possession of certain real property interests for municipal purposes for the Plaza Boulevard
Widening Project; and
WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent
Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled
City of National City v. Nagraj, Inc., et al. to acquire portions of Assessor's Parcel No. 557-410-
19. The Court subsequently allowed the filing of a Second Amended Complaint in Eminent
Domain which was required due to the time extension of the Temporary Construction Easement
(TCE) for said parcel; and
WHEREAS, because of the right-of-way acquisition, a portion of the sign owned
by Nagraj, Inc., located at 1700 East Plaza Boulevard will partially extend over the public right-
of-way, Nagraj, Inc., has submitted an Encroachment Permit and Agreement for an aerial
encroachment that requires a minimum ground clearance of seven feet to maintain ADA
requirements along the sidewalk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves and authorizes the Mayor to execute an Encroachment Permit and
Agreement with Nagraj, Inc., granting an aerial encroachment over a portion of public right-of-
way at 1700 East Plaza Boulevard. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 17th day of September 013.
ATTEST:
i1
Mi ael R. Dalla, ity Clerk
RO . D AS TO FORM:
is G
City Attor
'tua Silva
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
September 17, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City CI rk of the Ci y of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-138 of the City of National City, California, passed and
adopted by the Council of said City on September 17, 2013.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
METING DATE: September 17, 2013
AGENDA ITEM NO. 11
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment
Permit and Agreement between the City of National City and Nagraj, Inc. (APN 557-410-19), whereby the City
grants an aerial encroachment over a portion of public right of way located at 1700 E. Plaza Boulevard
PREPARED BY: Stephen Manganiello
PHONE: 336-4382
EXPLANATION:
See attached.
DEPARTMENT: Engineering
APPROVED BY:
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. Explanation
2. Encroachment Permit and Agreement with Exhibits
3. Resolution
EXPLANATION
On November 15, 2011, City Council adopted Resolution No. 2011-248, which amended
Resolution No. 2010-59 (adopted on April 6, 2010) finding and declaring the public interest and
necessity for acquiring and authorizing condemnation and possession of certain real property
interests for municipal purposes for the Plaza Boulevard Widening Project.
On or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego
County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled City of National City v.
Nagraj, Inc., et al. to acquire portions of Assessors Parcel No. 557-410-19. The Court
subsequently allowed the filing of a Second Amended Complaint in Eminent Domain which was
required due to the time extension of the Temporary Construction Easement (TCE) for said
parcel. See attached Exhibit "A" for legal descriptions and parcel map reflecting permanent
property acquisition and TCE for APN 557-410-19.
As a result of the right of way acquisition, a portion of the sign owned by Nagraj, Inc. will
partially extend over the public right of way. Therefore, staff recommends granting an aerial
encroachment as defined in attached Exhibit "B". The encroachment permit and agreement
requires a minimum ground clearance of seven feet to maintain ADA requirements along the
sidewalk.
ENCROACHMENT PERMIT AND AGREEMENT
(Commercial)
The City Of National City hereby grants an Encroachment Permit to the undersigned, (hereinafter referred to
as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the
National City Municipal Code, expressly incorporated herein by reference.
OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of
personal property that is proposed to be installed in the public right of way or other public property of the City
of National City, County of San Diego, State of California as a result of the project ("Project") described in
Exhibit A2 of the Second Amended Complaint in that civil action entitled City of National City, etc. v.
Nagraj, Inc, et al. being San Diego County Superior Court case number 37-2010-00077984-CU-EI-SC. The
OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as
"CITY") to maintain certain personal property or a building, facility or other structure (hereafter designated
from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the
use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows:
The site of installation and any description of OWNER'S encroachment are described in EXHIBIT B,
attached hereto and made a part hereof.
The terms and conditions under which the encroachment is to be installed and maintained upon completion of
the Project are as follows:
1. As set forth hereinbelow, upon revocation by CITY, through its City Engineer, the above
described encroachment shall be abandoned, removed or relocated by OWNER at the OWNER'S sole
expense. The City Engineer may revoke this encroachment permit for cause upon determining that OWNER
is proceeding in a hazardous manner, has failed to comply with one or more of the material terms, conditions
or restrictions incorporated in the permit; or has provided materially false or misleading information to the
City Engineer regarding the encroachment or its installation. The City Engineer may also revoke this
encroachment permit without cause when necessary to remove the encroachment extending onto public
property from private property that interferes with public convenience, welfare and/or safety. In
circumstances involving public convenience, welfare and/or safety, CITY shall first give OWNER notice of
any interference and allow OWNER thirty (30) days to remedy said condition (if feasible) before removal is
mandated. CITY shall provide details in the notice to OWNER with sufficient specificity to allow OWNER
to correct such interference. If the condition cannot be remediated, OWNER must remove the encroachment.
The terms of this section 1 control over Section 13.12.080(A) of the Municipal Code. However, nothing in
this section 1 shall prohibit the CITY from taking any action deemed necessary by the City Engineer to
protect the public convenience, welfare and/or safety from the encroachment, the reasonable costs of which
shall be paid by the OWNER. Nothing in this section 1 shall limit the appeal rights of the OWNER as set
forth in Section 13.12.110 of the Municipal Code.
2. After completion of the Project at the property of the OWNER, said encroachment shall be
maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and
any successor in interest, who shall hold CITY harmless with respect thereto.
3. This pennit and agreement, when made for the direct benefit of OWNER'S land or property
above described, and the covenants herein contained shall run with said land and shall be binding on the
assigns and successors of OWNER. Should OWNER or its successors fail to remedy, remove or relocate the
encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City,
CITY may cause such removal or relocation to be done at OWNER'S sole cost and expense. A copy of this
encroachment agreement shall be recorded against any real property of the OWNER'S that is hereby
Aug 22 10 12:19a 0 p.2
benefited by the encroachment, Upon request by CITY,. OWNER shall record this Encroachment Agreement
with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the
CITY,
4. After completion of the Project at the property of the OWNER, OWNER shall indemnify, defend,
and hold harmless CITY and its officers, agents, and employees from all liability, Toss, costs, claims, demand,
suits, and defense costs, including attorneys' fees, arising out of OWNER'S entry upon and use of CITY'S
easement or right-of-way for the installation, maintenance, and use of the OWNER'S encroachment,
5. OWNER and each successor in interest or assign shall take out and maintain, during the time the
encroachment remains on CITY'S easement or right-of-way, comprehensive general liability insurance with
minimum limits of One Million Dollars ($1,000,000,00) combined single limit per occurrence, covering all
bodily and property damage arising out ofthis Agreement.
This policy shall name CITY and its offrcers, agents, and employees as additional insured,
and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other
policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for
thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of
this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing
the coverage required by this clause. Should owner fail to do so, CITY may elect to obtain such coverage at
OWNER'S expense or immediately terminate this agreement.
b. The full termsand conditions under which, this encroachment permit is issued are further set
forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically
acknowledges and agrees to which owner.
7. This encroachment Permit is not valid and confers no rights to install and maintain an
encroachment until it is accepted by both the OWNER. and CITY.
DATED; OWNER!
CITY OF NATIONAL CITY
NAir; g4r.e as 1,414
Ron Morrison, Mayor Entity/Company
Signature
Name & Title
ATTACH NOTARY CERTIFICATION FOR TEE NAME OF PERMITTE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNWLEGEMENT NOTARY ONLY.
Aug 22 10 12:19a 0 p.3
OWNER/APPLICANT INFORMATION:
ItNvW7—=- 1, •S-$ Mailing Address:
Person in Responsible 'Charge
bIA24 zvi%
(.1`1 t1q`l iaw atl
24/7 Phone Number M R`I tCtAJ AZ- 0-;if (l1 9/?$a
Sktrotdiet-
Firm Name
PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER
AND/OR DRAINAGE FACILITIES: SP EXHIBIT "B", ATTACHED
EXHIBIT "A"
PERMANENT ACQUISITION
APN 557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80:00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY; COUNTY OF SAN DIEGO, STATE OP_ CALIFORNIA,
ACCORDING TO MAP THEREOF f.1O. 166, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 11,- 15699,. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF
SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2602 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A
BRASS- DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP;
THENCE NORTH $9°04'36" EAST 383.63 FEET TO A POINT IN THE WESTERLY
LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT -NO.. 1998-
0138180 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1, THENCE ALONG SAID WESTERLY LINE NORTH 17'41'47' WEST 7.45 FEET
TO THE NORTHWEST CORNER OF SAID IAND AND THE BEGINNING OF A
NON -TANGENT 540.0.O-FOOT RADIUS CURVE CONCAVE NORTHERLY, A
RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'11' WEST, SAID POINT
BEING ON THE SOUTHERLY UNE OF PLAZA BOULEVARD;
2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16°93'56* A.DISTANCE OF 1.51.41 FEET TO `THE NORTHEAST CORNER OF
SAID LAND, A RADIAL LINE TO. SAID POINT BEARS SOUTH 3°58'45! EAST
(SOUTH 4°24'17'EAST PER SAID DEED)
3. THENCE LEAVING SAID NORTHERLY UNE ALONG THE EASTERLY 'UNE
• OF .LAND PER SAID 'DEED SOUTH 17°41'4T EAST 2.81 FEET TO THE
BEGINNIN ' 1 NOI$TrIi IGENT-6'IZ'2U47UDTRADIDS'CL7RVE'CONC"AVE
NORTHERLY; A RADIAL' LINE TO SAID POINT PEARS SOUTH 4°4O21'
EAST;
4. THENCE LEAVING SAID EASTERLY UNE WESTERLY ALONG THE ARC -OF
'SAID; GURVE THROUGHACEt TRAL ANGLE OF 13°59'51' A DISTANCE OF
149.56 FEET TOTHE TRUEPi POINT OFPOGIMINC.
.ARE. O.D14 ACRES,. MORE O; 2` LESS:
MICKEY $. AG
EXP: 3-31-1Q
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
APN 557-410-19
THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLYHALF
OF 80.00 ACRE -LOT 2 IN QUARTER SECTION .128OF RANCHO DELA NACIQN, IN
THE CITY OF NATIONAL Girl', COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE-COUNIY
RECORDER OF SA/4 DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A .BRASS DISK- STA-MPED CP5 ACCORDING TO RECORD OF
SURVEY MAP NO_ 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON
AUGUST 30, 2002WHICH' BEARS SOUTH 17°35'27' EAST 285,74 FEET FROM A
BRASS DISK STAMPED CPS -ACCORDING TO .SAID RECORD OF SURVEY MAP
THENCE NORTH 89°04'36' EAST 383.63 FEET TO A ;PONT IN THE WESTERLY
LINE OF LAND PER DEED RECORDED MARCH 13, 1898•AS DOCUMENT No: 1998-
°1313188 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT
612.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 9°19'30* WEST. SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1 THENCE LEAVINGSAID WESTERLY LINE EASTERLY ALONG THE ARC OF
SAID CuRVE-THRt5UGO A CENTRAL. ANGLE OF 13659'517 &DISTANCE OF
-149.56 113 A POINT ON THE EASTERLY UNE OF LAND PER SAID
DEED;- •
2. THENCE ALONG SAID EASTERLY UNE SOUTH 17641'47" EAST -(SOUTH
10°13'32'' EAST PER SAID DEED10.26 FEET TO THE BEGINNING OF A
NON -TANGENT 62 4:)-FOOT RADIUS CURVE CONCAVE NORTHERLY:A
- ---RAOIALXINE4111GAIOP:aisTr.BEARS.-SOLITIf415natEAST;.. _ _ _
3. THENCE LEAViNG. SAID EASTERLY UNE ALONG THE ARC C OF
Skil CURVE 'THROUGH A CENTRAL ANGLE OF 3"3.0'.21' &DISTANCE OF
Aop FEET':
THENCE SOUTh 044941* WEST4.00 1+,h1l.TOTHE BEGINNING OF A NON-
ifiNGOIt.5'20.20-FOOT. RABIOS CURVE CONCAVENOR•THERLY, ARAM& ,
LINE TO SAIO:POIN'TBFARS SOLdHt°2itir,EAST; • • -
.5.- Aorpg wt$Totk &ONO. THE: ARC OF NU CURVE -moue"' A -
Ott f tRAL AAbLEOF*2qotr'A En4YAilci:•oF. 413.30. ; .
6. THENCE NORTH-9'40'39' EAST 403 TO Ti-LE BEGINNING OF -ANON-
. -TANGENT 02.,20-FOCif RADIUB6URVEOONOAVENORTHERLY, ARMIN.
ONE TO SAID R01NT BEARS SOU11435'0.0441WESt,
7. THENCE WESTERLY ALONG- THE ARO. OF. SAD CURVE THROUGH A-
OIEWIRAL ANGLE OF ti.'sifka*A fitsiA4ct OF E3,46: FEt.i TO A POINT ON
. • 114E WESTERLY •LINEOP-LANb PMBAID OEEr. - •
. Et: THENOSALONG-SAJO WESTERLY LINq.1401111i ti-b4li4r-Y4ST.11.26 FEET
Q.1-14e TRIM PO1UTOEBEGiNNit,10., • •
\ Pag 44 i4 2 .
1.0
•
EXHIBIT "A"
(Page 2)
AREA = 0.039 ACRES, MORE OR LESS.
MILK` 8:'AG>: IRI R
E :: 3-31-10 •
. Paye 2 04:2
EXHIBIT "A"
APN 5 7-410=19
CP6
A
4
p s. 4,11
CPS 383.63.
N 89'04'36"
• T.P.Q.B.- .
PERIL ACC).
AND .ICE N
o_
PLAZA BLVD.
vi4\- 441%
CJ
air
0 o 03R. 1
1 0 • ml
1 ▪ ;I
Pi 0?��
ro:l o 0
0 2 m1_ • 73I
• v
TAFilltATED CUR1t .QATA.
CUR Vl
DELTA,
MAMJIPS_
.540:00'..
0411i
151A41'
C1 :
16'03'S6'
C2.,
1559'S `
.' 612s20
149,56`.
C3
370'27'.
6?211'
. MDT
425'd8'
`6 6 '
.
C5
5`50'39-
622.20"
.63, r
LEGEND
PERIAANENT _
ACquts1110N• .
AREA =' 4:Dt4 ACRES
TQ,IPORAfiy CoNSi8DGTION
EPABOT(Tc}
/40 0.939 ,A *ES
T,Q;O$. i1RVE POINT 4F Bf INN1N6
P.O.E. PONT OrBEGINNING
C0I4ThQt Paw
Pit ROs 17515
LAND PER DEED REC. 3/1.3/98
A§; DOC. NO..19$-13E18(1 &
S 04-40 2:1' E (R)
tO
rn,�
557-410-19
POR. NW 111.1, OF
W 1/2 OF BO
ACRE LOT 2 1N
QUARTER SEC, 129 OF
RHO: DE LA 1A0ioN .
MAP NO. 166
f1ATE
ORA :i Dr: ICA L ATE:'4-1,6 8
000E0 11A
DAIEz.672241
OA
t4AT1QNAL.
PE1tIAkIENT UWSI11 . '00t: N0:
AND IEaaPott RY -.6141RUCO .EA§NaiT
APO 557-40 19 _ Va. R.
NAt ua we
EXHIBIT "B"
AERIAL ENCROACHMENT AREA
APN 557-410-19
AN AERIAL ENCROACHMENT FOR A SIGN HEAD WITH A MINIMUM
VERTICAL CLEARANCE OF SEVEN FEET AS MEASURED FROM THE FINISH
SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE SIGN HEAD AND A
MAXIMUM VERTICAL ALLOWANCE OF FORTY FEET TO THE TOP OF THE
SIGN ENCROACHING OVER A PORTION OF EAST PLAZA BOULEVARD BEING
A PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF
OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD
OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY
RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST FROM
A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY
MAP THENCE NORTH 89°04'36" EAST A DISTANCE OF 383.63' TO A POINT IN
THE WESTERLY LINE OF LAND CONVEYED PER DEED RECORDED MARCH
13, 1998 AS DOCUMENT NUMBER 1998-0138180 OF OFFICIAL RECORDS SAID
POINT BEING THE BEGINNING OF A NON -TANGENT 612.20 FOOT RADIUS
CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 9°19'30" WEST
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1°26'38" A DISTANCE OF 15.430 FEET TO A POINT IN
SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 7°52'52" WEST
SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CURVE NORTH 07°52'52" EAST A DISTANCE OF 5.875
FEET TO A POINT ON A NON -TANGENT 540 FOOT RADIAL CURVE CONCAVE
NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°14'19" WEST,
SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD;
THENCE ALONG THE SOUTHERLY LINE OF PLAZA BOULEVARD EASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°21'36"
A DISTANCE OF 3.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
10°02'58" WEST;
THENCE LEAVING THE SOUTHERLY LINE OF PLAZA BOULEVARD SOUTH
7°52'52" WEST A DISTANCE OF 5.752 FEET TO A POINT ON SAID NON -
TANGENT 612.20 FOOT RADIAL CURVE CONCAVE NORTHERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 7°34' 12" WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE
OF 0°18'40" A DISTANCE OF 3.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA=17.4282 SQUARE FEET MORE OR LESS.
(Page 2)
CP6
VERTICAL CLEARANCE
N89' 04'36"E
CP5— 383.63' —'
P.O.B.
TABULATED CURVE DATA
CURVE
DFLJA
RADIUS
LENGTH
C1
16.03' 56"
540.00'
151.41'
CIA
02'21' 36"
540.00'
3.00'
C2
13'59' 5'"
612.20'
149.56'
C2A
0' 18' 40'
612.20'
3.00'
I'
EXHIBIT "B"
/
c7
vco
cv
40
NATIONAL CITY
ENCROACHMENT AGREEMENT
AGREEMENT DATE
ENGINEERING NO.
t1
LEGEND
ENCROACHMENT
AREA
DETAIL "A"
0
SEE DETAIL "A"
THIS SHEET
7
CONTROL POINT
PER ROS 17515
P.O.B. POINT OF
BEGINNING
T.P.O.B. 1RUE POINT
OF BEGINNING
BOUNDARY OF LAND PER DEED
RECORDED 3/13/98 AS DOC.
NO. 1998-0138180 O.R.
APN 557 410 19
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NAGRAJ, INC.,
WHEREBY THE CITY GRANTS AN AERIAL ENCROACHMENT OVER A PORTION OF
PUBLIC RIGHT-OF-WAY LOCATED AT 1700 EAST PLAZA BOULEVARD
WHEREAS, on November 15, 2011, the City Council adopted Resolution No.
2011-248, which amended Resolution No. 2010-59 (adopted on April 6, 2010) finding and
declaring the public interest and necessity for acquiring and authorizing condemnation and
possession of certain real property interests for municipal purposes for the Plaza Boulevard
Widening Project; and
WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent
Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled
City of National City v. Nagraj, Inc., et al. to acquire portions of Assessor's Parcel No. 557-410-
19. The Court subsequently allowed the filing of a Second Amended Complaint in Eminent
Domain which was required due to the time extension of the Temporary Construction Easement
(TCE) for said parcel; and
WHEREAS, because of the right-of-way acquisition, a portion of the sign owned
by Nagraj, Inc., located at 1700 East Plaza Boulevard will partially extend over the public right-
of-way, Nagraj, Inc., has submitted an Encroachment Permit and Agreement for an aerial
encroachment that requires a minimum ground clearance of seven feet to maintain ADA
requirements along the sidewalk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves and authorizes the Mayor to execute an Encroachment Permit and
Agreement with Nagraj, Inc., granting an aerial encroachment over a portion of public right-of-
way at 1700 East Plaza Boulevard. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 17th day of September, 2013.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney