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HomeMy WebLinkAbout2013 CON (Encroachment Agreement) Kamel Family Trust - Pedestrian Ramp 421 National City BlvdPLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: IA04 6 \ SoNem meA E t Cajo r, C.. °k2 O ' t 9/95 Roc.Form NR25 II D O C # 2013-0553761 1111IIIIIII hII11111111111111111IIIIIIIIIIl111111111IIIIIIIII1III SEP 06, 2013 1:31 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr., COUNTY RECORDER FEES: 62.00 PAGES: 10 111I11111111111IllilIIII1111liltSliIIII1I ! 1IIII11111111BI1Illlift THIS SPACE FOR RECORDBR'� USE Mn v Y� r-rac ALV.yY\P.K .ern C arta A3 me mem+ (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) FEE: S490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Vtilf141 fatraf rr�s� ( hereinafter referred to as "OWNER"), in accordance with and pursuant to the terriis and conditions set forth in Chapter 13.12 of the National City Municipal Code. 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. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and 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 is described in Exhibit "B", attached - The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The 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 bold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER's land or property described above, 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 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, which shall be a lien upon said land. 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, PERMITTEE 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, OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of 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 casement or right-of-way, commercial 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 Encroachment 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 Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. 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 speei fiel:1y acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. 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. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7, This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: 7Iz213 CITY t NATIONAL CITY :on Morrison, Mayor PERMITTEE: 172e-x14- tA . SAw,aw1 ►rusk Repiesert "e Name & Title Signature Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. 2 Encroachment Permit and Agreement (Commercial)) PERMITTEEIAPPLICANT INFORMATION: tdi ! J' Koom Person in Responsible Charge 24/7 Phone Number V0.wle1aml Firm Name Mailing Address: lek.0 TT.-o `ass 5 4. L Cu- CA- ?2 t 5, PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 3 Encroachment Permit and Agreement (Commercial)) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of S!: bf b i et Cl On 7/ f �. 2 / 1) before me, e 7.A. )1.1 ( L Q41 tt ij Hen Name aM T7tlo W the personally appeared G L,✓ t MC, 5)1'-i;' S.; ,pia pfi Name4tf of slple.(a), M'f1 ^'••"`�•,—�.� r � Placa Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)fare subscribed to th within instrument and acknowledged to e that a executed the same in erg a od opacity{ieg); and that by it signatures) —on the instrument the erson(e) .or the entity upon behalf of which the persons) a ed, 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 Ls not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattadunent of this form to another document • Description of Attached Document Title or Type of Document: E GY in GGA G n pe f a Q ire Document Date, 7 ! Z f d Signer(s) Other Than Named Above: capacfty(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner —0 limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Number of Pages: Signer Is Representing: RIGHT THUhs6PRJNT OF SIGNER Signer's Name: 0 Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THWEIR.RINT- OFS!GNER- O 2009 National Hatay Aasotiatlon • NatanWotary.org • 1-500-US NOTARY (1-000-676-6827) Item 115907 EXHIBIT A A concrete pedestrian ramp twenty feet in length, four feet in width and ten inches in height with a hand railing and two steps with the length of the pedestrian ramp running parallel to the easterly right of way line of National City Boulevard projecting four feet westerly into the right of way of National City Boulevard. -S • 151 v Ao eV ewe. 67E00 _ `� ��/SEA -`l * iD. ,40 sL)" a /0-=f) " ._.._.- . F_X/7/yCr' ..//. ( )4"XIST2 11DXdaex17" S Xr .-NEW R'A MP AreN M /. -/e 21 ,0" EXHIBIT B AREA OF ENCROACHMENT That portion of the right of way of National City Boulevard being the easterly four feet of said right of way adjacent to that real property Deeded to Moshail Kamel, Trustee of the Kamel Family Trust dated July 21, 1995 and recorded in the Office of the County Recorder of San Diego County, State of California as Document Number 2012-0668205 O.R. on October 30, 2012, excepting the southerly ten feet also excepting the northerly 19.08 feet. 0 D 0 0 l J C VAT1nOE 68 N o 421 NATIONAL CITY 3OULEVARD APN 556 -10 26 00 AREA OF ENCROACHMENT o o 2 VIAL 106 D 71 Ticor Title Ciii4Oarif-Cirskoist ORDER Na:0011300Z : I) EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE;pF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 4 AND 5 OF R. R. MORRISON'S SUBDIVISION OF THE NORTHWEST END OF LOT 5 IN QUARTER SECTION 155 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 8, FILED IN THE OFFICE OF THE COUNTY RECQRI OF SAN DIEGO COUNTY, SEPTEMBER 16, 1873. • PARCEL 2: THE NORTHERLY ONE INCH OF THE.: WESTERLY 62.15 FEET OF LOT 6 1N BLOCK i OF` $ 043AALLS.: SUBDIVISION OF 10-ACRE LOT 5 IN QUARTER SECTION NO. 155 OF RANCHO DE LA NACION. 'TtlE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP'T F1V01 106, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL I I,,1S71,'" ALSO THAT PORTION OF SAID LOT 6 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 6; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 53.15 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 17-118 INCHES; THENCE EASTERLY TO A POINT ON THE. EASTERLY LINE OF SAID LOT 6, LYING 13-1/2 INCHES SOUTHERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT-6, 13-1721NCHES TO THE POINT OF BEGINNING. APN: 556-210-26-00 CLTA Preliminary Report Form — Modified (11 / 17/06) Page 3 RESOLUTION NO. 2013 — 122 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 THE KAMEL FAMILY TRUST FOR THE INSTALLATION AND MAINTENANCE OF A PEDESTRIAN RAMP WITHIN THE CITY RESERVED RIGHT-OF-WAY OF NATIONAL CITY BOULEVARD TO PROVIDE AMERICANS WITH DISABILITIES ACT ("ADA") ACCESS TO THE COMMERCIAL PROPERTY LOCATED AT 421 NATIONAL CITY BOULEVARD WHEREAS, a recent application for a building permit for a tenant improvement by the Kamel Family Trust, owner of the property located at 421 National City Boulevard, revealed that there was not an Americans with Disabilities Act ("ADA") accessible point of entry for the existing building; and WHEREAS, to meet ADA accessibility requirements, the owner has proposed an entry with a four -foot wide by twenty -foot long pedestrian ramp at the front of the building. The proposed ramp will encroach upon the public right-of-way, which requires an encroachment agreement per Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Encroachment Permit and Agreement between the City of National City and the Kamel Family Trust for the installation and maintenance of a new pedestrian ramp within the City's reserved right-of-way on National City Boulevard to provide ADA access to the commercial building located at 421 National City Boulevard. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of August ATTEST: Mi hael R. Dalla, City Clerk PROVED AS TO FORM: citua Silva City At on M. rison, M Passed and adopted by the Council of the City of National City, California, on August 20, 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 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. 2013-122 of the City of National City, California, passed and adopted by the Council of said City on August 20, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "EETING DATE: August 20, 2013 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City accepting an encroachment agreement between the City of National City and Kamel Family Trust for the installation and maintenance of a pedestrian ramp within the City reserved right-of-way of National City Boulevard to provide Americans with Disabilities Act (ADA) access to the property located at 421 National City Boulevard. PREPARED BY: Barby Tipton PHONE: 336-4583 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 Agreement 3. Exhibits A and B, Plat and Legal Descriptions 4. Resolution EXPLANATION The Kamel Family Trust, owners of the property located at 421 National City Boulevard, have recently applied for a building permit for a tenant improvement. During the initial investigation for the improvements it was discovered that there was not an Americans with Disabilities Act (ADA) accessible point of entry for the existing building. In order to meet ADA accessibility requirements, the owner has proposed an entry with a four -foot wide by twenty -foot long pedestrian ramp at the front of the building. The proposed ramp will encroach upon the public right-of-way, which will require an encroachment agreement per Chapter 13.12 of the National City Municipal Code. See Exhibit A for a description and exhibit of the proposed improvements, and Exhibit B for a description and exhibit of the area of encroachment. In order to maintain a six-foot wide, unobstructed ADA accessible path of travel along the sidewalk after construction of the ramp, the owner will be required to replace an existing driveway apron with new curb, gutter and sidewalk per City standards (see Exhibit A). The Kamel Family Trust is requesting that the City accept the Encroachment Agreement allowing for the installation and maintenance of a new pedestrian ramp to provide ADA access to their building. FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, le` Fara( " �rus+ (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. 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. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and 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 is described in Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The 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 described above, 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 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, which shall be a lien upon said land. 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, PERMITTEE 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. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of 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, commercial 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 Encroachment 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 Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. 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. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. 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. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: 7/ZZ [ t3 CITY OF NATIONAL CITY Ron Morrison, Mayor PERMITTEE: 1 Nk • S&YYIAW 1 Reples Name & Title Signature Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. 2 Encroachment Permit and Agreement (Commercial)) PERMITTEE/APPLICANT INFORMATION: max ( S Ko rnel Person in Responsible Charge CAS -Z -y ec 1 - WC( - 8-31 tS 24/7 Phone Number Vowel f u ly l T'v1/4s+ Firm Name Mailing Address: \`kO (0 Te t, -R7-ss 5+. El Gip, &- `iUN, PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 3 Encroachment Permit and Agreement (Commercial)) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 64o Dim( C/ } On 7 /2=I I5 before me, ge P kI Name and Tide of the4j/c1414 er te personally appeared la) be Here ft mos�.e.;I S �,ne L, .' is rat � •, OFFICIAL SEAL REZA M. KAGHAZCHI a NOTARY PUBLIC-CALIFORNIA COMM. NO. 1980256 OMM EXP. COUNTY 2016 Place Notary Seal Above Namefd) of Signer(s)( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s}9a e subscribed to thwithin instrument and acknowledged to e that sheab2y,executed the same in et/their; a orized capacity(ies), and that by it signatures) -on the instrument the erson(e)ror the entity upon behalf of which the per• son(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. 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: E. h C YGG/'l /v1 G n 7- /- e'yi s' )f el-bi d C4 crr0 Document Date: 7 / Z z- ( /3 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WITNESS my hand and official seal. Signature: c g,'- Signature of Notary Number of Pages: RIGHT THUN OF SIG< PRINT R Top of thumb here 02009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TN OFS UMBPRINT GNER Top of thumb here Item #5907 9) EXHIBIT A A concrete pedestrian ramp twenty feet in length, four feet in width and ten inches in height with a hand railing and two steps with the length of the pedestrian ramp running parallel to the easterly right of way line of National City Boulevard projecting four feet westerly into the right of way of National City Boulevard. 1i Lu YANG. ex/sz'9 2.91/4:a,45c 04s4te. .e1C/74V41/-sec ��' (2) EX/s74 11° X ecgEX'T. n$ WA( da'YC. 5/E,P o''V/6 3r4_/l''M41 E b ..�. ow. • ,O.Y, 0 33°ey 0 _ "ye L'�/YC. L.A-rih s i/ / l 21'O" i H < Qa < j Ae- --NEI/k1 •04? ►A W w I. •1.9/4 co r.-.4eAew v.4 EXHIBIT B AREA OF ENCROACHMENT That portion of the right of way of National City Boulevard being the easterly four feet of said right of way adjacent to that real property Deeded to Moshail Kamel, Trustee of the Kamel Family Trust dated July 21, 1995 and recorded in the Office of the County Recorder of San Diego County, State of California as Document Number 2012-0668205 O.R. on October 30, 2012, excepting the southerly ten feet also excepting the northerly 19.08 feet. CVAIMOE 0 0 421 \ATIO\AL CITY BOULFVA A D i o AREA OF 0 0 ENCROACHMENT \ 556 210 26 00 3 rn oJ W KAMEMOS-01 DID ACORO CERTIFICATE OF LIABILITY INSURANCE ��. DATE(MM/DD/YYYY) 7/31 /2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER (858) 869-8300 Vanorsdale Insurance Services 6165 Greenwich Drive, Suite 200 San Diego, CA 92122 CONTACT Diane Downes PHONE (A/c. No. E#FAX 858-869-5330 FAX(A/C,No): 858 869 8301 E-MAIL ADDRESS: ddownes@vanorsdale.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Travelers Casualty Insurance Company of An 19046 INSURED Moshail Kamel & Nahil Samawi 1906 Teton Pass El Cajon, CA 92019 INSURER B: INSURER C: INSURER D : INSURER E : INSURER F : VER AGE CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS !NSA TYPE OF INSURANCE LTR ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM/DWYYYY) LIMITS A GENERAL X LIABILITY _COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X 6806C40053913 T 1/1/2013 1/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGETO RENTED PREMISES (Ea occurrence) $ 300r 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS • QOMP(OP AGG $ 2,00%000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PRO- JECT PER: LOC $ A AU LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED i RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ EL. DISEASE • EA EMPLOYEE" $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Certificate Holder is named as Additional Insured regarding Encroachment Agreement CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6806C40053913 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -STATE OR POLITICAL SUBDIVISIONS -PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State or Political Subdivision: The City of National City 1243 National City Blvd. National City, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured any state or political sub- division shown in the Schedule, subject to the follow- ing additional provision: This insurance applies only with respect to the follow- ing hazards for which the state or political sub- division has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: CG 20 13 11 85 1. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awn- ings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2. The construction, erection, or removal of elevators; or 3. The ownership, maintenance, or use of any elevators covered by this insurance. Copyright, Insurance Services Office, Inc., 1084 Page 1 of 1 DOCp 2012-0668205 RECORDING QUESTED BY: Ticor Title Company AND WHEN RECORDED MAIL TO: Moshail Salem Kamel Avc 1906 Teton Pass Street El Cajon, CA 92019 Title Order No.: 00113002 - 995 - ND GRANT DEED OCT 30, 2012 8:00 AM OFFICIAL RECORDS SAN DIEGU COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr.. COUNTY RECORDER FEES: 285.25 OC: OC 1417 PAGES: 4 ii n 111111111111111 11tlllfl IIIII IIIll III I I II Escrow No : 300-ODb1 Ob-L7 THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $261.25 [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area [X] City of National City AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Troy Fulks and Elise Fulks, Husband and Wife hereby GRANT(s) to: Moshail Kamel, Trustee of the Kamel Family Trust dated July 21, 1995 "II the real property in the City of National City, County of San Diego, State of California, described as: Parcel 1: Lots 4 and 5 of R.R. Morrison's subdivision of the Northwest end of Lot 5 in Quarter Section 155 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map No. 8, filed in the Office of the County Recorder of San Diego County, September 16, 1873, as more fully described in the attached Exhibit "A" Also Known as: 421 National City Blvd, National City, CA 91950 APN: 556-210-26-00 DATED: October 10, 2012 Signature Page attached hereto and made a part hereof MAIL TAX STATEMENTS TO PARTY SHOWN BELOW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE: rder No: 00113002 - 995 - ND scrow No.: 300-006105-LY A.P.N. 556-210-26-00 Elise Fulks STATE OFQX COUNTY OF ,1[l On oZ. I before me, FAfl it w r AA. Signature Page A Notary Public in and for said State personally appeared 17(411 A- - rff�e-Frov to me-m-t+�P basic of sa' sfa___ r o d4'4,-,pc-i.io be the person(s) whose names) isfare subscx d e ►e 141s instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized eapac i, his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; instrument. ti I certify under PENALTY OF PERJURY under the laws of the State of paragraph is true and correct WITNESS my hand and official seal. AMt tiotar patQIe oft Texas ; ryCommission EXPOS o, . SEPTEMBER that the foregoing Ticor Title ComprnrS° of Calor is ORDER NO.: 001.130-995-ND EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 4 AND 5 OF R. R. MORRISON'S SUBDIVISION OF THE NORTHWEST END OF LOT 5 IN QUARTER SECTION 155 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP N0. 8_ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. SEPTEMBER 16, 1873. PARCEL 2: THE NORTHERLY ONE INCH OF THE WESTERLY 62.15 FEET OF LOT 6 IN BLOCK 1 OF IKIlk BAL1'S SUBDIVISION OF 10-ACRE LOT 5 IN QUARTER SECTION NO. 155 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY; COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 106, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11. 1871. ALSO THAT PORTION OF SAID LOT 6 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 6; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 53.15 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 17-1/8 INCHES; THENCE EASTERLY TO A POINT ON THE EASTERLY LINE OF SAID LOT 6, LYING 13-1/2 INCHES SOUTHERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 6, 1-3-1/2 INCHES TO THE POINT OF BEGINNING. APN: 556-210-26-00 CLTA Preliminary Report Form — Modified (11/17/06) Page 3 NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Commission Number: County Where Bbncf-is-Filed: Date Commission Expires: ct 1)4- �-# RESOLUTION NO. 2013 — 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 THE KAMEL FAMILY TRUST FOR THE INSTALLATION AND MAINTENANCE OF A PEDESTRIAN RAMP WITHIN THE CITY RESERVED RIGHT-OF-WAY OF NATIONAL CITY BOULEVARD TO PROVIDE AMERICANS WITH DISABILITIES ACT ("ADA") ACCESS TO THE COMMERCIAL PROPERTY LOCATED AT 421 NATIONAL CITY BOULEVARD WHEREAS, a recent application for a building permit for a tenant improvement by the Kamel Family Trust, owner of the property located at 421 National City Boulevard, revealed that there was not an Americans with Disabilities Act ("ADA") accessible point of entry for the existing building; and WHEREAS, to meet ADA accessibility requirements, the owner has proposed an entry with a four -foot wide by twenty -foot long pedestrian ramp at the front of the building. The proposed ramp will encroach upon the public right-of-way, which requires an encroachment agreement per Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Encroachment Permit and Agreement between the City of National City and the Kamel Family Trust for the installation and maintenance of a new pedestrian ramp within the City's reserved right-of-way on National City Boulevard to provide ADA access to the commercial building located at 421 National City Boulevard. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of August, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NOTE TO FILE 06-17-14 IN THE MATTER OF: 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 the Kamel Family Trust for the installation and maintenance of a pedestrian ramp within the City reserved right-of-way of National City Blvd. to provide Americans with disabilities act ("ADA") access to the Commercial Property located at 421 National City Blvd. AN ORIGINAL RECORDED ENCROACHMENT PERMIT AND AGREEMENT WAS NOT FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: NTF CDC Housing & Grants City Attorney Human Resources City Manager _ MIS Community Svcs. _ Planning X Engineering Police Finance Public Works Fire Nutrition Center