HomeMy WebLinkAbout2017 CON (ENCROACHMENT AGREEMENT) Southern Highland Partners76
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DOC# 2017-0457724
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Oct 04, 2017 12:03 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $48 00
PCOR: N/A
PAGES: 7
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FEE: S490.00
ENCROACHMENT PERMIT AND AGREEMENT
(Commercial)
The City Of National City hereby grants an Encroachment Permit to the undersigned, Cri**N -(GNL S
+aG 25 t-(,G (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 arc 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:
CI NATIONAL CITY
R Morrison, Mayor
PERMITTEE:
SCaTi-lt-.av 411 /t ttt,,ttfi PA-A-TN&11(, LL.L..
Ens /Company
SS
aturc
�) WA -TN -A V. »14 )V b 1.
Name & Title
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
PERMITTEE/APPLICANT INFORMATION:
Person in Responsible Charge
510 - —(ill t
24/7 Phone Number
S{fE—FPG-1/) 0C—c—fit�TS
Firm Name
PLAT SHOWING LOCATION
SEWER AND/OR DRAINAGE
Mailing Address:
IL Cows U t1119-ire /t�P e b
OA- `73/v g
OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND
FACILITIES: SEE EXHIBIT "B", ATTACHED
2 Encroachment Permit and Agreement
(Commercial))
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Santa Barbara
On May 9, 2016 before me, Anna Ortiz Wines NO1A00.I PuRtr“r
s
(here insert name and title of the officer)
personally appeared Joel S. Shefflin
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), 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
ANNA ORTIZ WINES
Commission # 2095854 Z
Notary Public - California ItSanta Barbara County
My Comm. Expires Jan 30, 2019
(Seal)
EXHIBIT "A"
ENCROACHMENT OF IMPROVEMENTS DESCRIPTION
THE IMPROVEMENTS TO BE CONSTRUCTED WITHIN THE RIGHT-OF-WAY INCLUDE
APPROXIMATELY 50 FEET OF 1' TO 1.5' HIGH CURB SUPPORTING A CONCRETE RAMP AND
LANDING WITH A HANDRAIL. ADDITIONALLY, CONCRETE STEPS WILL BE ADDED AT THE
NORTH SIDE OF THE ADA RAMP/LANDING. AT THE SOUTH SIDE OF THE RAMP A LANDING
AND HANDRAILS WILL EXTEND INTO THE RIGHT-OF-WAY
EXHIBIT "B"
LEGAL DESCRIPTION
AN ENCROACHMENT EASEMENT FOR ADA ACCESS RAMP OVER, ALONG AND
ACROSS A PORTION OF LAND ON HIGHLAND AVENUE SITUATED IN NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS :
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1, PARCEL MAP NO.
2788 RECORDED DUNE 27, 1974 PER FILE NO. 74-172992; THENCE SOUTHERLY
ALONG THE SOUTHWESTERLY LINE SOUTH 18° 59' 45" WEST, 45.85 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 71° 00' 16" WEST, 2.50 FEET; THENCE
SOUTH 18° 59' 45" EAST, 58.00 FEET; THENCE NORTH 71° 00' 16" EAST, 2.50 FEET TO
THE SOIJTHWESTFRI.Y I.1NF OF SAID PARCF.I. I_ PARCEL MAP NO. 27RR: THENCE.
NORTH ALONG SAID SOUTHWESTERLY LINE NORTH 18° 59' 45" WEST, 58.00 FEET
TO THE TRUE POINT OF BEGINNING.
145 square feet
Prepared By: Mike R. Slater, P.L.S. 6706
Dated: June 12, 2017
ATTACHMENT "8"
Plat
Detail of Encroachment in Highland Avenue
APN 563-010-50
2525 Highland Avenue, National City, CA 91950
Feet
1
1
$71' 00' 16'W
2.50'
\ Si
N18'
0
A 17.1.11 ocit.* \ \
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VI \ wi/P_.
1`
.O.B.
59' 45�V
58.00'
T.P.O.B.
N71' 00' 16'E
2.50'
N18' 59' 451W
58.00'
Feet
0
RESOLUTION NO. 2017 — 139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT
AND AGREEMENT WITH SOUTHERN HIGHLANDS PARTNERS, LLC, FOR
THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA)
COMPLIANT PEDESTRIAN ACCESS RAMP PARTIALLY WITHIN
THE PUBLIC RIGHT-OF-WAY AT 2525 HIGHLAND AVENUE
(SOUTHERN HIGHLANDS ASSISTED LIVING FACILITY)
WHEREAS, Southern Highland Partners, LLC, owner of Southern Highlands
Assisted Living Facility located at 2525 Highland Avenue, is proposing to install an Americans
with Disabilities Act (ADA) compliant pedestrian access ramp, which will encroach 2.5 feet into
the public right of way within the landscape strip located behind the back of sidewalk along
Highland Avenue; and
WHEREAS, Southern Highlands Partners, LLC, was notified of the potential
encroachment and directed to either change the design or enter into an Encroachment Permit
and Agreement with the City; and
WHEREAS, the proposed ADA ramp will provide access to the front entrance of
the assisted living facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement
with Southern Highlands Partners, LLC, for the installation of an Americans With Disabilities Act
(ADA) compliant pedestrian access ramp partially within the public right-of-way at 2525
Highland Avenue.
ATTEST:
id34j16'
Mi ael R. Dalla, C' y Clerk
PASSED and ADOPTED this 1st day of Augus
APPROVED AS T! ORM:
t61r,i,/
�`/r4:.Morris-Jones
ity Attorney
Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on August 1,
2017 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
II
City C
4
of the City of IAational City, California
1 G
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2017-139 of the City of National City, California, passed and
adopted by the Council of said City on August 1, 2017.
City Clerk of the City of National City, California
By:
Deputy
ENCROACHMENT PERMIT AND AGREEMENT
(Commercial)
The City Of National City hereby grants an Encroachment Permit to the undersigned, e. 1 i*. N f4-f t-1-4-t`aD5
�i4 ie T+JC- 25 l t-(,L (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.
FEE: S490,00
The terms and conditions under which the encroachment is to be installed and maintained are as follows:
l . 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 shalt 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 (S1,000,000.00) 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 arc 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:
CI NATIONAL CITY
R Morrison, Mayor
PERMITTEE:
ScLt-rf4-(; 14.) / 1 i tt-f t f PA-k -rw era , i LL
ECompany
ss
attire
sS c FiLi )1) Vtct-ri.i g t,
Name & Title
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
PERMITTEE/APPLICANT INFORMATION:
Person in Responsible Charge
510 - 0—GM
24/7 Phone Number
Stfrr 'P e--, u&ccifyi &NTS
Firm Name
Mailing Address:
tZ�S COA , ,- Ut((6V nee, e b
veto, , t1.. - `l3/c) g
PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND
SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED
2 Encroachment Permit and Agreement
(Commercial))
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Santa Barbara
On May 9, 2016 before me, Anna Ortiz Wines
personally appeared Joel S. Shefflin �og
(here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/shelthey
executed the same in his/her/their authorized capacity(ies), 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
z
ANNA ORTIZ WINES
Commission * 2095854
Notary Public • California z
Santa Barbara County
My Comm. Expires Jan 30, 2019
(Seal)
EXHIBIT "A"
ENCROACHMENT OF IMPROVEMENTS DESCRIPTION
THE IMPROVEMENTS TO BE CONSTRUCTED WITHIN THE RIGHT-OF-WAY INCLUDE
APPROXIMATELY 50 FEET OF 1' TO 1.5' HIGH CURB SUPPORTING A CONCRETE RAMP AND
LANDING WITH A HANDRAIL. ADDITIONALLY, CONCRETE STEPS WILL BE ADDED AT THE
NORTH SIDE OF THE ADA RAMP/LANDING. AT THE SOUTH SIDE OF THE RAMP A LANDING
AND HANDRAILS WILL EXTEND INTO THE RIGHT-OF-WAY
EXHIBIT "B"
LEGAL DESCRIPTION
AN ENCROACHMENT EASEMENT FOR ADA ACCESS RAMP OVER, ALONG AND
ACROSS A PORTION OF LAND ON HIGHLAND AVENUE SITUATED IN NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1, PARCEL MAP NO.
2788 RECORDED JUNE 27, 1974 PER FILE NO. 74-172992; THENCE SOUTHERLY
ALONG THE SOUTHWESTERLY LINE SOUTH 18° 59' 45" WEST, 45.85 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 71° 00' 16" WEST, 2.50 FEET; THENCE
SOUTH 18° 59' 45" EAST, 58.00 FEET; THENCE NORTH 71° 00' 16" EAST, 2.50 FEET TO
THE SOUTHWESTERLY I,INE OF SAID PARCEL 1. PARCEL MAP NO. 2788: THENCE
NORTH ALONG SAID SOUTHWESTERLY LINE NORTH 18° 59' 45" WEST, 58.00 FEET
TO THE TRUE POINT OF BEGINNING.
145 square feet
Prepared. By: Mike R. Slater, P.L.S. 6706
Dated: June 12, 2017
0
100
ATTACHMENT "B"
Plat
Detail of Encroachment in Highland Avenue
APN 563-010-50
2525 Highland Avonue, Notional City, CA 91950
200
{ _nomiumsFeet
1
N18'5 01
49.00'
1 160.00
P01' 411
P INp121g8
p
s1a
\ s
N18' 59' 4551Y
58.00'
\ VO..,.
117 41 46 Q.
Po
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0
20 40
Feet
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: August 1, 2017
AGENDA ITEM NO. 6
EM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to sign an
Encroachment Permit and Agreement with Southern Highlands Partners, LLC, for the installation of an
Americans with Disabilities Act (ADA) compliant pedestrian access ramp partially within the public
right-of-way for 2525 Highland Avenue (Southern Highlands Assisted Living Facility).
PREPARED BY: Carla Hutchinson, Junior Engineer - Civil
PHONE: 619-336-4388
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
NANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing the Mayor to sign an Encroachment Permit and Agreement with Southern
Highlands Partners. LLC. for the installation of an ADA compliant pedestrian access ramp for 2525 Highland
Avenue.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
ram- 1. Explanation
2. Encroachment Permit and Agreement
3. Exhibit "A" and "B"
4. Resolution
lee sokhg; No. 20 7— r at°
EXPLANATION
Southern Highland Partners, LLC, owner of Southern Highlands Assisted Living Facility located
at 2525 Highland Avenue, is proposing to install an Americans with Disabilities Act (ADA)
compliant pedestrian access ramp. which will encroach 2.5 feet into the public right of way
within the landscape strip located behind the back of sidewalk along Highland Avenue. Southern
Highlands Partners, LLC, was notified of the potential encroachment and directed to either
change the design or enter into an Encroachment Permit and Agreement with the City. The
proposed ADA ramp will provide access to the front entrance of the assisted living facility.
Staff supports executing an Encroachment Permit and Agreement. Exhibits A and B provide a
legal description and map of the encroachment area.
•
•
ENCROACHMENT PERMIT AND AGREEMENT
(C.ommercial)
The City Of National City hereby grams an Encroachment Permit to the undersigned, SaCTHOIN 1416144441,105
the harms and conditions net fortiti�r rafted to as "OWNER"), in accordance with mid pant to
Chapter 13.12 of the National City Municipal Code.
OWNER is the owner of that certain real property described in the attached Ezblbic "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 (ham referred to as *an') to install and
maintain certain personal property or a building, bcility, or other structure (hereetter designated from
time to time as an "encroachment") within or upon a CITY easement, property, or tight*of way for the
use and benefit of OWNER'S property acid adjacent lands, now covenants and agrees as ibnowt
The she of installation and any description of OWNER'S encroachment Is described is Exhibit " 8",
FEE: $490.00
The terms and condWonr under which the encroachment is to be installed and maluahted are as follows:
t. Upon notification in writing by the City Engineer, the above described encroachment
shalt be abandoned, removed, or relocated by OWNER at the owner's sole expense.
2. The said encroachment shall be maintained ins safe end sanitary condition at all time' at
the sole cost, risk, and responsibility of OWNER and any successor in interest, who shell hold CITY
hamlets with respect thereto.
3. This Permit and Agreement, when made for the direct benefit of OWNNER'a 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. ShouldOWNER or itssummon 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 coat and
expense, which shall be a lies 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, PERMITI'EE 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 index , defend, and bold harmless CITY and its officers. agents, and
employees from all liability, loss, costs, claims, demands, Ind% and defense cones, Wean 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.
S. 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 (S 1,000,000.00) combined single limit per
occurrence, covering all bodily and property damage !rising out of this Encroachment Agreement.
This policy shall name CITY and Its officers, agents, and employees as additional
insured, and stall 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 hit to do so,
City may elect to obtain such coverage at OWNER'S expense or Immediately terminate this Agreement.
6. The full temps 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, gig
Milk& the foilew lug:
a. The City reserves the right to charge the Owner "hir and reasonable"
compensation for the use of CITY property retroactive to the date of consultation or installation of the
fit.
b. The CITY can require the removal, relocaion, or utdertroun*ding of the
encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at
niter's agents.
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
Ron Morrison, Mayor
PERMITTER:
Stxt-r ie tet.,ftr P,4 rNEnt: ,
"Seer_ kJ) 144.41•+'*-4 t - iYL47%kl
Name & Title
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITIVE SHOWN ABOVE.
USE CALIFORNIA. ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
PERMITFEE/APPLICANT INFORMATION:
et -
Person in Responsible Charge
5(0 - 0-64
247 Phone Number
Sflef7,1.i)& TMAP-PITS
Firm Name
Mailing Address
L-s- Co*sr Vtt1,4V R49, Gge A
tcv�a t Igoe
PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND
SEWER AND/OR DRAINAGE FACILITIE& SEE EXHIBIT "B", ATTACHED
2 Coachman Permit and Agreement
(Commarcid»
-3-
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate Is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of Santa Barbara
On May 9, 2016 before me, Anna Ortiz Wines
(here insert name and title of the officer)
personally appeared Joel S. Shefflin
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), 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.
A 0P
Commission 209585
1.66."6"."-ANNTattrivw.r.H,43.,.
Notar Public • Californiaz Santa Barbara County -
My Comm. Ex ices Jan 30, 2019
Signature
(Seal)
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•
EXHIBIT "A"
ENCROACHMENT OF IMPROVEMENTS DESCRIPTION
THE IMPROVEMENTS TO BE CONSTRUCTED WITHIN THE RIGHT-OF-WAY INCLUDE
APPROXIMATELY 50 FEET OF 1' TO 1.5' HIGH CURB SUPPORTING A CONCRETE RAMP AND
LANDING WITH A HANDRAIL. ADDITIONALLY, CONCRETE STEPS WILL BE ADDED AT THE
NORTH SIDE OF THE ADA RAMP/LANDING. AT THE SOUTH SIDE OF THE RAMP A LANDING
AND HANDRAILS WILL EXTEND INTO THE RIGHT-OF-WAY.
•
•
EXHIBIT "B"
LEGAL DESCRIPTION
AN ENCROACHMENT EASEMENT FOR ADA ACCESS RAMP OVER, ALONG AND
ACROSS A PORTION OF LAND ON HIGHLAND AVENUE SITUATED IN NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1, PARCEL MAP NO.
2788 RECORDED JUNE 27, 1974 PER FILE NO. 74-172992; THENCE SOUTHERLY
ALONG THE SOUTHWESTERLY LINE SOUTH 18° 59' 45" WEST, 45.85 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 71° 00' 16" WEST, 2.50 FEET; THENCE
SOUTH 18° 59' 45" EAST, 58.00 FEET; THENCE NORTH 71° 00' 16" EAST, 2.50 FEET TO
THE SOUTHWESTERLY LINE OF SAID PARCEL 1, PARCEL MAP NO. 2788: THENCE
NORTH ALONG SAID SOUTHWESTERLY LINE NORTH 18° 59' 45" WEST, 58.00 FEET
TO THE TRUE POINT OF BEGINNING.
145 square feet
Prepared By: Mike R. Slater, P.L.S. 6706
Dated: June 12, 2017
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ATTACHMENT "8"
Plat
Detail of Encroachment in Highland Avenue
APN 563-010-50
2525 Highland Avonue, National City, CA 91950
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-7-
RESOLUTION NO. 2017 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT
AND AGREEMENT WITH SOUTHERN HIGHLANDS PARTNERS, LLC, FOR
THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA)
COMPLIANT PEDESTRIAN ACCESS RAMP PARTIALLY WITHIN
THE PUBLIC RIGHT-OF-WAY AT 2525 HIGHLAND AVENUE
(SOUTHERN HIGHLANDS ASSISTED LIVING FACILITY)
WHEREAS, Southern Highland Partners, LLC, owner of Southern Highlands
Assisted Living Facility located at 2525 Highland Avenue, is proposing to install an Americans
with Disabilities Act (ADA) compliant pedestrian access ramp, which will encroach 2.5 feet into
the public right of way within the landscape strip located behind the back of sidewalk along
Highland Avenue; and
WHEREAS, Southern Highlands Partners, LLC, was notified of the potential
encroachment and directed to either change the design or enter into an Encroachment Permit
and Agreement with the City; and
WHEREAS, the proposed ADA ramp will provide access to the front entrance of
the assisted living facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement
with Southern Highlands Partners, LLC, for the installation of an Americans with Disabilities Act
(ADA) compliant pedestrian access ramp partially within the public right-of-way at 2525
Highland Avenue.
PASSED and ADOPTED this 1st day of August, 2017.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
August 15, 2017
Joel Shefflin
Shefflin Investments
1235 Coast Village Road, Suite D
Montecito, CA 93108
Dear Mr. Shefflin,
On August 1, 2017, Resolution No. 2017-139 was passed and adopted by the City Council of the
City of National City, authorizing execution of an Encroachment Permit in the public right-of-way
at 2525 Highland Avenue. Per the condition of the agreement, you are required to record the
Encroachment Agreement with the San Diego County Recorder's Office and upon recordation,
return the original to the City.
We are enclosing for recordation the original Encroachment Permit and Agreement as well as a
certified copy of the above Resolution.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Engineering
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