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HomeMy WebLinkAbout2013 CON (Encroachment Agreement) Alturas Imperial - Parking Lot "G" Avenue - 1ooca 20130467024 PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: foe AND WHEN RECORDED MAIL TO: iftickflie Srri el Aiturrs out LC, (z(n5 tw e►sr Ct. *NI'N ino L . C,A q 2 D (9 -t 9/95 Rec.Form #R25 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THIS SPACE FI R RECORDERS USE ONLY ere 1(0aClnirnen 'Ve,rrni Glnd Alretraft+ (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 "Ii", 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 s 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): /-TU2 S jmN�E2//+' LG Entity/Company Signature d2,,,4/ s.4yc--rZ Name & Title Signature . � (r 1 JQ� f� fie( /Erm 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: Ze/VAV /c • 4-)U64iti Person in Responsible Charge (279 9g-st 9c4es7� 24/7 Phone Number Firm Name Mailing Address: f 2(07S bqkti 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)) J1 ... r..• �1 �11. 1 JJ. .:7 �Jr- 11. 7 ....1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 $ ' .r V-•v-•a-•,r'r•v-•r-• ..r-•i-•• . •c'.r.r'V 'v-r- r-.r-.r-.r VF'.r- i • i--•i-• i- # State of California County of jC>p(rCf'S%�. On J tate f (j -0 before me, Date personally appeared C(-Zift\-iC9- 3 • } Anne Mansour Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) ANNE MANSOUR Commission # 1940873 Notary Public - California z Orange County My Comm. Expires Jul 11. 2015 ' W' T V '1.' P V �• V� O V' T 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 he)helihey executed the same in or-Ai:10V authorized capacity(ies), and that by signature() on the instrument the person( or the entity upon behalf of which the person yr 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: L'3 0 l . 1`71/)", . Signature of Not Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document • n Title or Type of Document: � C o .0 -L Document Date: 7"Q (5 I *F.0 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: cK (t-t,- S ^ ; e-1 • Corporate Officer — Title(s): VV-a- ❑ Individual ❑ Partner — ❑ Limited ❑ General LJ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: (L. Id t.LILL-�CBce! Number of Pages: Signer Is Representing: A - Signer's Name: Corporate Officer — Title(s): ❑ Individual ❑ Partner — E Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator ❑ Other: ner Is Representing: © 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) en COUNTY OF Son Diego ) my S 1 zo /3 /Me'lege L. St,dr1 ,)l1thr ablrbefore me, DATE INSERT NAME, TITLE OF OFFICER - E.G.., "3.441E DOE, NOTARY PUBLIC / personally appeared, genii R. A u9 a n d --1� ho proved to me on the basis of satisfactory evidence to be the person s) whose namecij isArf subscribed to the within instrument and acknowledged to me th„see/Oltel executed the same i (s /ty it authorized capacity es'), and that b (' Noir signatureXon the instrument the persol executed the instrument. , or the entity upon behalf of which the person, acted, 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. I Le 6 j' NOTARY PUBLIC SIGNATURE (SEAL) OPTIONAL INFORMATION MICHELLE L. SNYDER COMM. #2013912 rn NOTARY PUBLIC • CALIFORNIA EI �Mar 7 � COUNTY2201 THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMEN I. TITLE OR TYPE OF DOCUMENT E,iercachmen+ Permrf aNd AAirettn& I DATE OF DOCUMENT v K • V' / ✓D I `r NUMBER OF PAGES 3 SIGNERS(S) OTHER THAN NAMED ABOVE OP a 1 Gi S. / ! t f Z- SIGNER'S NAME RIGHT THUMBPRINT SIGNER'S NAME RIGHT THUMBPRINT To order supplies, please contact StampsAmerica at 858-571-7952. RESOLUTION WHEREAS, Alturas Imperial LLC is a limited liability company registered and existing under the laws of the state of California and in good standing in each state in which it does business (hereinafter the tOmpany"). RESOLVED FURTHER, that the Company Ls authCirized to execute Any and all do.cuments and agreements with, the City of National City related to and pertaining to the developmentat 700 E.'24'." Street,National City, CA. RESOLVED FURTHER, that the following are all of the current Managers of the Company: Craig Metz Glenn R: Dugan;Jr. RESOLVED FURTHER, OP t any to of the.Managers..set forth above (the 'Authorized Signers' ),may sign on behalf of and tiinci the Company, MENlEtEWS 'CERTIFICATE The undersigned, being all of the Members of the Company, represent that the resolutions set forth: above have been property authorized are in full force and effect: MEMBERS OF tHE.LLCI:S SIGNATURES: si'd6AtiJK' ' Craig S. Metz, Member July 15,2013 SIGNATtrRE SIGNATUFIE IIG Reinvestment F.Lind,.LIC, Member Paul R Engh, Member July 15, 2013 July:15, 2013 SIGNATURE ,SiGNATURE .Glenh:R. Dugan, Jr.,Nerntlet ,4uly15, 40, SIGNATURE Pacific Midwest Capital Group, InC; Member Travis Ft. Trautvetter, Member July 15, 2013 July 15, 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. , City Clerk 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. Ida& City Cferk of the City of National City, California By: Deputy