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HomeMy WebLinkAbout2013 CON (Encroachment Agreement) Alturas Imperial - Parking Lot "G" AvenuePLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: 1 C' ghticteff Ai tray lr evtat 1-LC' 12-1915 els C' C-r . 'f l'; VD-1,60a, . OA q 2D t9'4 9/95 Rec.Form #R25 D O C # 2013-0467024 11111 1111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11001 IIIII IIII IIII JUL 25, 2013 3:44 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 62.00 PAGES: 10 111111111111IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII eYiCkr0.00)t er* 'P rmi t ana.Alrandm (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Alturas Imperial, LLC ( 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. This Encroachment Permit is temporary in nature and expires on the 2nd day of November, 2013, or upon purchase of the property by the OWNER from the CITY, whichever happens first. b. 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. c. 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: CIT ATIONAL CITY on Morrison, Mayor PERMITTEE (OWNER): 4L72/2/1-5 //14�6-2i/4-t_ Lc, Entity/Company ' r.�%" / Signature 62yi4 5. , 1E7 Z. /�crdra7eK Name & Title Signature/� C� Enn1�tt,ci it Use Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE. CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. 2 7 Encroachment Permit and Agreement (Commercial)) PERMITTEE/APPLICANT INFORMATION: /eN'-' /'- Dl%6,4,11/ J'- Mailing Address: Person in Responsible Charge �/� 9s� g��a Jza7s / k/,rds�, 24/7 Phone Number % /r Firm Name 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)) NOT 'ID SCALE I 30' 30' EXHIBIT "B 24TH I I 30' I- 40 10 4 STREET .11 L 11/2 7112 I AVMI 141 APN 562-071-07 PROPOSED VACA7ION I 25TH 20/2 • 3 I 25' fl.+ ME 110 VACATED PER CITY RESOLUITON RE4�25/1921 D.C. 84 . P. 474' M ti1t:I LOT 96 �Yj,� M1 �I I w• 8L itii CYi 4: fY• 112 APN 562-072-01 ALLEY (CLOSED) ICUS �p - Me1119-Y, t:..1.2•• a*. $ STREET (CLOSED) PLANS PREPARED BY: SPEAR & ASSO TE�C an/IL ENGINEERIN®i i1J Nd PPNN0NE 0 7 PRONOTION 2 EET aig gN 60 8 XS N. S4-217 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ( C r State of California County of iffil Oca —D } /�,, Anne Menem-, Notary Public personally appeared c4 -LC9' 's _ On l?I (3 before me, Date Here Insert Name and Tale of the Officer Name(s) of Signers) ANNE MANSOUR 41 ;i wCommission # 1940873 Notary Public - California Orange County Comm. Expires Jul 11, 2015+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name( subscribed to the within instrument and acknowledged to me tha f`- • - f • ' executed the same in erfthei€- authorized capacity(Jes), and that by signature() on the instrument the person or the entity upon behalf of which the person 7) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin paragraph is true and correct. WITNESS my 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 and and official seal. fit/Lenny Signature of of Public Title or Type of Document:rl'f.0Ot._ (,IRQyu U Document Date: -.l5) 2013 • Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(ps))� ,C,, Signer's Name: C62 C?' ^ l) le- 2; ❑ Corporate Officer Title(s): �t 0 Individual U 0 Partner — 0 Limited El General D Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: r �l� r C.© Signer's Name: 0 Corporate Officer — Title(s): 0 Individual ❑ Partner — ❑ Limited 0 General 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: her Is Representing: • © 2012 National Notary Association • NationalNotaryorg • 1-800-US NOTARY (1-800-876-6827) Item #5907 personally appeared, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) J COUNTY OF an MeQ o ) On My " 1 ZD 13 before me, /`(1 Cne/�e I. L. Sn )Pr1 Abfar ?%.bl« DATE INSERT NAME, TITLE OF OFFICER — E.G.., “3.4.1E DOE, NOTARY PUBLIC %Tenn R. Du�'k 9an 1 ho proved to me on the basis of satisfactory evidence to be the person s) whose namekl subscribed to the within instrument and acknowledged to me th• AlletlatT executed the same i I /tJeiir authorized capacity/leg), and that b} lef/tj).e r signaturekeef on the instrument the person, or the entity upon behalf of which the personkl 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. rni;illtat (SEAL) NOTARY PUBLIC SIGN OPTIONAL INFORMATION MICHELLE L. SNYDER COMM. /2013912 rn NOTARY PUBLIC.• CALIFORNIA g SAN COUNTY CtEi�ilic Mx 2017 THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT. Eneraachmen+ Perm, and Ajree.rnG - 7t1a Si 2D13 TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES 3 SIGNERS(S) OTHER THAN NAMED ABOVE (2 r a 13 S. / I ! t I Z SIGNER'S NAME G le Nn F.. DlA1 An V SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT To order supplies, please contact StampsAmerica at 858-571-7952. RESOLUTION WHEREAS, Alturas imperial LLC is a linittedliability compaPy registered and eidsting under the laws of the state of California and in good standing in each state livwhich it does business (hereinafter the "Ccimpany"). RESOLVED FURTHER, that the•CoMPanyjs authp:riied ttieecute'Any all gle,,EiFrie05 and ag'reOnieq5.withp.i.§4ty of National city related pp and pertaining to the development at 700 E::20' Stre et„RAtion a I dist, CA. •RES.:bl.C/Eb FURTI4ER, that the f011owintire all of the currentMartOgerS.Of the Company: Craig Metz Glenn 5; Dugan, RE5p!vEo FURTH.E.R, that any tWi? orthe;Mapagers.getfortli above. Ithe!'Aufhorlied:Signerilmay sign on 'behalf of and b1nd the Company, mEggAupinFicq4 ytioupOer$IgnecI, being all of the Members Of the Company, represent that the resolutions set gitth':: above haVe•been prapeti authorized are in full #1.#.and effeCt MEMBERS 0 SIGMA) Cralgs Metz, Member July 15,.2613 • tiGNAT•611E li Reinvestment Fund; LLC, Mernber- July.15, 2013 SIGNATURE Pacific Midwest Capital Group, lnc., Member July 15, 2013 4;!G:NATQW " bUgan, M ember -).cgVA/cift .5iGNATURE RP.I,ITRI Engh, Member July.15,2013 1GNTURE Trav15.11, Trautvetter, Member July15, 2013 RESOLUTION NO. 2013 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY ENCROACHMENT PERMIT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALTURAS IMPERIAL, LLC, GRANTING AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A PORTION OF A PRIVATE PARKING LOT ON A CITY -OWNED PARCEL CREATED BY THE STREET VACATION OF A PORTION OF "G" AVENUE, SOUTH OF EAST 24TH STREET WHEREAS, on December 18, 2012, the City Council adopted Resolution No. 2012-246 authorizing the vacation of a portion of "G" Avenue south of East 24th Street and authorized the execution of an order to vacate said portion of East 24th Street; and WHEREAS, the underlying fee title of the street ordered to be vacated was held by the City of National City, thereby creating a separate city -owned parcel; and WHEREAS, Alturas Imperial, LLC, is currently developing the adjacent parcel located at 700 East 24th Street into an office building for use by the Social Security Administration; and WHEREAS, the developer offered to purchase the land from the City to accommodate additional off-street parking for the office building, but the transaction has not been completed and will be delayed until an Assessor's Parcel Number is assigned to the new parcel; and WHEREAS, to prevent delays with the site development, the developer has requested that the City enter into a temporary Encroachment Permit Agreement granting an encroachment for the construction and maintenance of that portion of the parking lot that will be on city -owned property; and WHEREAS, the temporary Encroachment Permit Agreement will expire on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a temporary Encroachment Permit Agreement granting an easement to Alturas Imperial, LLC, for the construction and maintenance of a private parking lot on a currently City -owned parcel created by the street vacation of a portion of "G" Avenue, south of East 24th Street, which expires on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. Said Encroachment Permit Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of July, 20 on Morrison, Mayor ATTEST: Michael R. Dal =, City Clerk ii:I situa Silva, City Attorney OV AS TO FORM: Passed and adopted by the Council of the City of National City, California, on July 2, 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 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. 2013-100 of the City of National City, California, passed and adopted by the Council of said City on July 2, 2013. l'AZ/4/(1a& City C rk of the City o National City, California By: Deputy RESOLUTION NO. 2013 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY ENCROACHMENT PERMIT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALTURAS IMPERIAL, LLC, GRANTING AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A PORTION OF A PRIVATE PARKING LOT ON A CITY -OWNED PARCEL CREATED BY THE STREET VACATION OF A PORTION OF "G" AVENUE, SOUTH OF EAST 24TH STREET WHEREAS, on December 18, 2012, the City Council adopted Resolution No. 2012-246 authorizing the vacation of a portion of "G" Avenue south of East 24th Street and authorized the execution of an order to vacate said portion of East 24th Street; and WHEREAS, the underlying fee title of the street ordered to be vacated was held by the City of National City, thereby creating a separate city -owned parcel; and WHEREAS, Alturas Imperial, LLC, is currently developing the adjacent parcel located at 700 East 24th Street into an office building for use by the Social Security Administration; and WHEREAS, the developer offered to purchase the land from the City to accommodate additional off-street parking for the office building, but the transaction has not been completed and will be delayed until an Assessor's Parcel Number is assigned to the new parcel; and WHEREAS, to prevent delays with the site development, the developer has requested that the City enter into a temporary Encroachment Permit Agreement granting an encroachment for the construction and maintenance of that portion of the parking lot that will be on city -owned property; and WHEREAS, the temporary Encroachment Permit Agreement will expire on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a temporary Encroachment Permit Agreement granting an easement to Alturas Imperial, LLC, for the construction and maintenance of a private parking lot on a currently City -owned parcel created by the street vacation of a portion of "G" Avenue, south of East 24th Street, which expires on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. Said Encroachment Permit Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of July, 20 on Morrison, Mayor ATTEST: ft Michael R. Dal:, City Clerk "'' -OV-'+ AS TO FORM: i i ..I Cr; j itua Silva, City Attorney Passed and adopted by the Council of the City of National City, California, on July 2, 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 . �,f,� .. City rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-100 of the City of National City, California, passed and adopted by the Council of said City on July 2, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ""ETING DATE: July 2, 2013 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a temporary encroachment permit agreement between the City of National City and Alturas Imperial, LLC, granting an easement for the installation and maintenance of a portion of a private parking lot on a City -owned parcel created by the street vacation of a portion of "G" Avenue, south of East 24th Street. 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 rTACHMENTS: 1. Explanation 2. Encroachment Agreement 3. Resolution -c0 EXPLANATION On December 18, 2012, the City Council passed Resolution 2012-246 authorizing the vacation of a portion of G Avenue south of E. 24th Street and authorized the execution of an order to vacate said portion of E. 24th Street. The underlying fee title of the street ordered to be vacated was held by the City of National City, thereby creating a separate city owned parcel. Alturas Imperial LLC is currently developing the adjacent parcel located at 700 E. 24th Street into an office building for use by the Social Security Administration. The developer has offered to purchase the land from the City of National City to accommodate additional off-street parking for the office building. Currently the purchase of the city owned parcel has not been completed and will be delayed until an Assessor's Parcel Number is assigned to the new lot. To prevent delays with the site development, Alturas Imperial LLC has requested that the City of National City grant a temporary Encroachment Permit Agreement for the construction and maintenance of that portion of the parking lot that will be on city property. This temporary agreement expires on the 2nd day of November, or upon purchase of the property from the City, whichever occurs first. FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Alturas Imperial, LLC ( 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 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 specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. This Encroachment Permit is temporary in nature and expires on the 2"d day of November, 2013, or upon purchase of the property by the OWNER from the CITY, whichever happens first. b. 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. c. 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: CITY OF NATIONAL CITY PERMITTEE (OWNER): AL i v2A-s / �P��6,1-L t c� Ron Morrison, Mayor Entity/Company Signature Ci2A7 5 »7 7 Name & Title Signature Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PER'1IITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. 2 Encroachment Permit and Agreement (Commercial)) 3 PERMITTEE/APPLICANT INFORMATION: • Person in Responsible Charge lP/ 9 24/7 Phone Number r'N L G.2 [,4G" Firm Name Mailing Address: / b 7S Ze?fro'-e-42sax. 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)) 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT MIL CODE § 1189 �%i' ' ' Yi •' • < 1: �.•• •.•z...�•'• r•`.•r'' •" 'ram.. r. r�r''.�r•• ••r/`r' r, ram.•r•r�.•`r try.- State of California County of_�0( �� On°I LL.u_ ( t t (3 before me, Date personally appeared } Anne Mansour; Notary Public Here Insert Name and Title of the Officer Name(s) of Slgner(s) ANNE MANSOUR Commission # 1940873 Notary Public - California n Orange County My Comm. Expires Jul 11, 2015 7 F X - F 1- }' - 4-or Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name( 4.: - subscribed to the within instrument and acknowledged to me tha giri, • - I • - executed the same in sr t1Heir- authorized capacity(4es), and that by signature() on the instrument the person( or the entity upon behalf of which the person 0 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 and 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. ,, cLe Signature of Hotdq-Public Description of Attached Document (� , { Title or Type of Document: f?)..QaC .- Document Date: 1 W`-'r' ✓ 13 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: alk2t.C,- V Number of pages: Corporate Officer — Title(s): V 11�4�ia. Individual Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Pc 14-L1mt- 11 C� Signer's Name: El Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: r ner Is Representing: © 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 5 EXHIBIT A PORTIONS OF A PARKING LOT TO INCLUDE TYPE G-1 CURB, LANDSCAPING, DEPRESSED LANDSCAPE BASIN, NEW ASPHALT CONCRETE PAVEMENT OF 2.5 INCHES OF ASPHALT OVER 6 INCHES OF BASE MATERIAL, DRAINAGE RIP -RAP, VERTICAL PARKING STRIPES AND OTHER APPURTENANCES NECESSARY FOR THE COMPLETE INSTALLATION AND MAINTENANCE OF THE PARKING LOT. 6 EXHIBIT LEGAL DESCRIPTION THE WESTERLY 15.00 FEET OF THE EASTERLY 25.00 FEET OF '6' AVENUE, SAID 'G" AVENUE BEING FORMERLY AN UNNAMED STREET (80.00 FEET WIDE) WITHIN FLORA M. KIMBALL'S SUBDIVISION OF A PORTION OF QUARTER SECTION 152 OF RANCHO DE IA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 44, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 30,1886. EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF 24TH STREET (80.00 FEET WIDE). ALSO, EXCEPTING THEREFROM ANY PORTION LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 194.00 FEET SOUTHERLY OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF 24TH STREET. FOR ILLUSTRATION PURPOSES A PLAT, LABELLED EXHIBIT "B", IS ATTACHED HERETO AND BY THS REFERENCE MADE A PART HEREOF. Page 1 of 1 7 00 a� D CERTIFICATE OF LIABILITY INSURANCE DATE MW"T DDR" 04/03/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER, THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(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 MICHAEL EHRENFELD COMPANY ATTENTION; FRED LIEBEL 2655 CAMINO DEL RIO N #200 SAN DIEGO CA 92108 CONTACT FRED LIEBEL NAME: fPaHrc°.il;. �, 619-398-2013 lam_ No): 619-683.9999 - Miss fin' WBURERISI AFFORDING COVERAGE NAIC e INSURER A: GREAT AMERICAN INSURANCE COMPANY INSURED THE CITY OF NATIONAL CITY CITY HALL 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 INSURER 8: INSURERC: INSURER D: INSURER E: INSURER F: • 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDLSUBR R WW1 POLICY NUMBER POUCY EPF PDLlm MOTS A GENERAL — LIABIUTY COMMERCIAL GENERAL LIABILITY BIND R01115-032913.25070A ,p(WDD 04/03/2013 04/03/2014 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES Me occurrence) S XXXXXXMCXX MED VIP (Any one mason) S XXXXXXXXXXX MAIMS -MADE OCCUR PERSONAL a ADV INJURY s XXX)00000(XX X OWNERS & CONTRACTORS GENERAL AGGREGATE S 2,000,000 CG 00 0912 07 POLICY FORM PRODUCTS - COMP/OP AGO S )0000XXX GEM. AGGREGATE !(GE1 POLICY UNIT APPLIESLIjPER: 1 1g f ji LOC S AUTOMOBILE — LABILITY ANY AUTO ALL OWNED AUTOS — r— SCHEDULED AUTOS NAOTO WNED SINGLE UNIT tE. a IdNdenti S BODILY INJURY (Par person) S BODILY INJURY (Pernch/0 ) S PROPERTY DAMAGE (Par acddan0 S S UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ S DE2 I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOIVPARTNEWEXECU IVE O OFFICER/MEMBER EXCLUDED? (Mandatory In NH) IDypCuPTaIOeNeOer OPERATIONS Datow N / A 7 TORY I IMITS DFR EL EACH ACCIDENT S EL. DISEASE • EA EMPLOYEE S E.L. DISEASE • POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101. Additional Remarks Schedule. If more apace Is required) RE: ALTURAS IMPERIAL LLC ENCROCHMENT PERMIT FOR 700 E 24TH STREET NATIONAL CITY CA 91950 CERTIFICATE HOLDER CANCELLATION PROOF OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENT ACORD 25 (2010/05) 01988-2010 AC e - D CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 9 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY ENCROACHMENT PERMIT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALTURAS IMPERIAL, LLC, GRANTING AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A PORTION OF A PRIVATE PARKING LOT ON A CITY -OWNED PARCEL CREATED BY THE STREET VACATION OF A PORTION OF "G" AVENUE, SOUTH OF EAST 24TH STREET WHEREAS, on December 18, 2012, the City Council adopted Resolution No. 2012-246 authorizing the vacation of a portion of "G" Avenue south of East 24th Street and authorized the execution of an order to vacate said portion of East 24th Street; and WHEREAS, the underlying fee title of the street ordered to be vacated was held by the City of National City, thereby creating a separate city -owned parcel; and WHEREAS, Alturas Imperial, LLC, is currently developing the adjacent parcel located at 700 East 24th Street into an office building for use by the Social Security Administration; and WHEREAS, the developer offered to purchase the land from the City to accommodate additional off-street parking for the office building, but the transaction has not been completed and will be delayed until an Assessor's Parcel Number is assigned to the new parcel; and WHEREAS, to prevent delays with the site development, the developer has requested that the City enter into a temporary Encroachment Permit Agreement granting an encroachment for the construction and maintenance of that portion of the parking lot that will be on city -owned property; and WHEREAS, the temporary Encroachment Permit Agreement will expire on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a temporary Encroachment Permit Agreement granting an easement to Alturas Imperial, LLC, for the construction and maintenance of a private parking lot on a currently City -owned parcel created by the street vacation of a portion of "G" Avenue, south of East 24th Street, which expires on November 2, 2013, or upon the purchase of the property from the City, whichever occurs first. Said Encroachment Permit Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of July, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk 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 a Temporary Encroachment Permit Agreement between the City of National City and Alturas Imperial, LLC, granting an easement for the installation and maintenance of a portion of a private parking lot on a City -Owned Parcel created by the Street Vacation of a portion of "G" Avenue, South of East 24th Street. AN ORIGINAL RECORDED ENCROACHMENT PERMIT AND AGREEMENT WAS NOT 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 Nutrition Center NTF