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HomeMy WebLinkAbout2017 CON (ENCROACHMENT AGREEMENT) Dajani Hospitality Inc - 1302 National City BlvdPLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: aaj4,14i AND WHEN RECORDED MAIL TO: VlA\: )4-0.feti rvt 631 W, PeortSyjkiemic,, cA- gal0,3 DOC# 2017-0487903 0 IIIIII I Im III II II II III II IIIIIR IIIII!I III Oct 19, 2017 04:09 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $33.00 THIS SPACE FOR RECORDERS USE ONLY PAGES: 7 K Ciro et. c, owl r 41-,�.�- rw��'�ek (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rcc.Forrn #R25 A FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of N tonal City Vere rants an Encroachment Permit to the undersigned, :)41 5 if, ereinafter referred to as "OWNER"), in accordance with and pursuant to l the t -ms and condi ions 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 insurarlcq with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrpce, 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: CITY NATIONAL CITY PERMITTEE: p f)Las J�_ c +�;��� kv, Morrison, Mayor Enti / Sig a Dy ifoido4/0 Name & Title ems' 2 tL N► O2As If +� l ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTYE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. Cf PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: 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)) CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 } ,, -ee County of � 1 r�' 0() } On tr t2-0 I t ' before me, 7, miti1 C iwCit 4,3171 N i6li (Here insert name and title the officer)y personally appeared ?air h-er-- 'cv1 i� who proved to me on the b is of satisfactory eaklence to be the person( whose name() is/are-subscribed to the within instrument and acknowledged to me that he/she/440y executed the same in his/her4lieir authorized capacity(4estand that by his/ham signature(s7on the instrument the personks-)-or the entity upon behalf of which the personcted, 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. Notary Public Signature ♦ CFI iClAL SEAL TOM MilE alCHARDSON NOTARY 2 PU.UC-CAL1FOINIA OIl PA. NO. G:..(i 0126 -• SAN DIEGO COUNTY w > "•`" MY COMM.EXP. JUKE 1, 2018 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT 4040 or description of attached document) ►�'I 11 "7 (Title or description attached document continued) Number of Pages '' Document Date I( CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.corn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM ♦ This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other slates may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign r(s) Signer's Name: ❑ Corporate Officer — Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C RC '\C/ClidIWTCIWC CR•e QWCMC C CiAot 4.,(4-C..'iN C W�C�tAriW�C�C C .1CYri•WriCreVC Ce.iC C C e'e,C..Vg•TC C. 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 �l�G On 1../1 1 before me,-N Date personally appeared -Dc2bLCr moo► f Here Insert ame and Title of the icer Name(s) t Signer(s) who proved to me on the basis of satisfactory evidence to be t person( whose name6/are s bscribed to the within instrument and acknob.ew edged to me that h� 'sh executed the same in hi /herLr--authorized capacity(i ), and that by is her/thctr-signatureon the instrument the persona'), or the entity upon behalf of which the person 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. z z DIANA LOPEZ Commission # 2121261 Notary Public - California San Diego County My Comm. Expires Aug 26, 2019 Place Notary Seal Above z z D WITNESS hand and official seal. ISignature i 164\0 OPTIONAL Signature of Notary -eZ ublic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: rrT-ezrir Document Date: 1o/1.g ) 1-7 Number of Pages: CP 1')/ram Signer's Name: Corporate Officer — Title( ❑ Partner — 11 Limited General ❑ Partner — H l Limited V General ❑ Individual -I A orney in Fact ❑ Individual ❑ Atto ney in Fact ❑ Trustee 1 uardian or Conservator ❑ Trustee ❑ G -rdian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" k4 CA+ ia HANDICAP RAMP MATERIAL RII'TION The 5'-0" wide x approximately 20'-0" long handicap (accessibility) exit ramp and landing is located to the North of 1302 National City Blvd. on the city sidewalk between the existing building and Civic Center Drive as described in "Exhibit A" legal description. The new sloped ramp and landing are constructed of broom finish concrete and vary in height from 0" above the existing sidewalk to approximately 15" +/- above. The ramp and landing have 1 1/2" diameter stainless steel (optional painted finish) handrails on each side and at the top landing. The handrails rise above the surface of the ramp and landing by 38" (max.) The new ramp and landing provide a California Building Code required secondary access from the existing building and doorway. HANDICAP RAP ENCROACHMENT EXHIBIT "8" 7J02 NARONAl_ CITY 8Z.VD. ACCULINE SURVEY, INC. 1919 GRAND AVE. SUITE 1G. SAN DIEGO, CA 92109. (858) 483-6665 FAX(858) 483-6 LINE TABLE Li N18'00'0014/ 510' 12 S72100'001Y 19,50' 1.3 S18" OVOr 5.10' £4 N7700'001- 19.50' SCALE: I '1=20' LEGEND ROB. INO/CATS POINT OF BEGINNING INDICATS TRUE POINT OF BEGINNING INDICTES CONCRETE RAO' ENCROACH/VENT 99.45 SQ. FT (002 ACRE) I CERTIFY /HAT THE INFORUATION SHOWN HTEON IS BASED ON RECORD DATA, NO HELD SURVEY WAS PERFOR/VED AND THAT IT IS TRUE AND CORRECT TO THE BEST OF 41Y KNOWLEDGE AND BELIEF 0 Exp. 09/30/17 No. LS 5717 DATE OF PLOT 11/05/2011, FILE NO. 1863-16 EXHIBIT "B ' LEGAL DESCRIPTION HANDICAP RAMP ENCROACHMENT THAT PORTION WITHIN THE SOUTHERLY RIGHT OF WAY OF CIVIC CENTER DRIVE, (FORMERLY 13TH STREET), ADJACENT TO LOT 22, IN BLOCK 14 ACCORDING TO MAP THEREOF NO. 348, HI.aED IN THE OFFICE OF 'ME COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID CIVIC CENTER DRIVE AND THE WESTERLY RIGHT OF WAY LINE OF NATIONAL CITY BOULEVARD, (FORMERLY NATIONAL AVENUE), ALSO BEING THE NORTHEAST CORNER OF LOT 22, BLOCK 14 OF SAID MAP 348, THENCE: SOUTH 72 '00'00" WEST 54.40 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, NORTH 18 °00'00" WEST .5.10 FEET, THENCE; SOUTH 72'00'00" WEST 19.50 FEET, THENCE; SOUTH 18'00'00" EAST 5.10 FEET, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, THENCE; NORTH 72 °00'00" EAST 19.50 FEET', ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22 TO THE TRUE POINT OF BEGINNING. SAID RAMP ENCROACHMENT CONTAINS 99.45 SQ. FT. (0.002 ACRE), MORE OR. LESS, AND IS SHOWN AND DESIGNATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 863-ENCROACRLGI.. 1 of I RESOLUTION NO. 2017 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH DAJANI HOSPITALITY FOR THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN ACCESS RAMP IN THE PUBLIC RIGHT-OF-WAY ON CIVIC CENTER DRIVE FOR ENTRY INTO THE COMMERCIAL BUILDING LOCATED AT 1302 NATIONAL CITY BOULEVARD WHEREAS, the owner of Dajani Hospitality, a commercial property located at 1302 National City Boulevard, received building permits and started construction for tenant improvements to provide access for persons with disabilities consistent with the California Building Code and the Americans with Disabilities Act ("ADA"); and WHEREAS, due to existing site constraints, an approximately 20-foot long by 5- foot wide ADA accessible ramp to the building was constructed within the existing sidewalk on Civic Center Drive, which is in the public right of way and requires the owner to obtain and execute an Encroachment Permit and Agreement with the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Dajani Hospitality, located at 1302 National City Boulevard, for the installation of an ADA ramp within the public right- of-way on Civic Center Drive for ADA access to the business. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of August,, 017. ATTEST: ael R. DaII , City Clerk APPROVED A 0 FORM: on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on August 15, 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 I City lerk of the City f6f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-155 of the City of National City, California, passed and adopted by the Council of said City on August 15, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �2o'?- gs MEETING DATE: August 15, 2017 AGENDA ITEM NO. 14 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Encroachment Permit and Agreement with Dajani Hospitality, for the installation of an Americans with Disabilities Act (ADA) compliant pedestrian access ramp in the public right-of-way on Civic Center Drive for entry into the commercial building located at 1302 National City Blvd. PREPARED BY: Charles Nissley, Senior Civil Engineering Tech. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 4•(7 IANCIAL 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 Dajani Hospitality, for the installation of an ADA compliant pedestrian access ramp on Civic Center Drive for entry into the commercial building located at 1302 National City Blvd. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit and Agreement 3. Exhibits "A" and "B" 4. Resolution EXPLANATION Dajani Hospitality, owner of the commercial property located at 1302 National City Boulevard, has received building permits and started construction for their tenant improvements. They are required to provide access for persons with disabilities consistent with the California Building Code and Americans with Disabilities Act (ADA). Given existing site constraints, they constructed an approximately 20-foot long by 5-foot wide ADA accessible ramp to the building entrance within the existing sidewalk on Civic Center Drive. Approximately 9 feet of width remains along the sidewalk, which exceeds ADA requirements for accessible path of travel. Since the ramp is located within the public right of way, the owner is required to execute an Encroachment Permit and Agreement with the City. Staff supports executing the attached Encroachment Permit and Agreement. Exhibits A and B provide a legal description and map of the encroachment area. FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of Nional pity hereby grants an Encroachment Permit to the undersigned, c't�'k 3, i.. 1 (hereinafter referred to as "OWNER"), in accordance with and pursuant to the tms and condilions set forth in Chapter 13.12 of the National City Municipal al 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 -1- 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: CITY OF NATIONAL CITY Ron Morrison, Mayor PERMITTEE: ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 -2- Encroachment Permit and Agreement (Commercial)) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) if`0"�'— (Title or description attached document continued) Number of Pages Document Date It CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) El Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 - l c's\ On (.. /7-65 1 before me,70- fr'ni e ")lCitA �rFoVirc., r �Ilo� (Here insert name and title of the officer) J personally appeared *-2-6-i(� 6 - ,'� 'c yi I who proved to me on the bd!5 s of satisfactoryide nce to be the person(, whose name() is/are-subscribed to the within instrument and acknowledged to me that he/s-19e4.14ey executed the same in his/hrenttheir authorized capacity(; and that by his/heF44iefr signature(. on the instrument the personks -or the entity upon behalf of which the personcted, 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. Notary Public Signature (Notary Public Seal) i.+FF►( ,A!_ SEAL OT U.. %JC=-CA it. O?? j{ �i�f lY: �•7 F E.��� .`. ._.+i '1 ;•. ),vll.'i. vC. 2Ci70126 ;iAN Ol, "d.> COL:t TV r ✓. lY 2 tv COMM. cll`. Ji'it�' i. �t)1S INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be`completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is late) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • eecurely attach this document to the signed document with a staple. -3- EXHIBIT "A" HANDICAP RAMP MATERIAL DICRIPTION The 5'-0" wide x approximately 20'-0" long handicap (accessibility) exit ramp and landing is located to the North of 1302 National City Blvd. on the city sidewalk between the existing building and Civic Center Drive as described in "Exhibit A" legal description. The new sloped ramp and landing are constructed of broom finish concrete and vary in height from 0" above the existing sidewalk to approximately 15" +/- above. The ramp and landing have 1 '/2" diameter stainless steel (optional painted finish) handrails on each side and at the top landing. The handrails rise above the surface of the ramp and landing by 38" (max.) The new ramp and landing provide a California Building Code required secondary access from the existing building and doorway. -4- EXHIBIT "B" LEGAL DESCRIPTION HANDICAP RAMP ENCROACHMENT THAT PORTION WITHIN THE SOUTHERLY RIGHT OF WAY OF CIVIC CENTER DRIVE, (FORMERLY 13STREET), ADJACENT TO LOT 22, IN BLOCK 14 ACCORDING TO MAP • THEREOF NO. 348, FILED IN THE OFFICE OF-1HE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID CIVIC CENTER DRIVE AND THE WESTERLY RIGHT OF WAY LINE OF NATIONAL CITY BOULEVARD, (FORMERLY NATIONAL AVENUE), ALSO BEING THE NORTHEAST CORNER OF LOT 22, BLOCK 14 OF SAID MAP 348, THENCE; SOUTH 7200'00" WEST 54.40 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, NORTH 18'00'00" WEST 5.10 FEET, THENCE; SOUTH 72'00'00" WEST 19.50 FEET. THENCE; SOUTH 18'00'00" EAST 5.10 FEET, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, THENCE; NORTH 72'00'00" EAST 19.50 FEET, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22 TO THE TRUE POINT OF BEGINNING. SAID RAMP ENCROACHMENT CONTAINS 99.45 SQ, FT. (0.002 ACRE), MORE OR LESS, AND IS SHOWN AND DESIGNATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, 1863-ENCROACH.I,GL 1 of I -5- HANDICAP RAMP ENCROACHIWENT "IBIT "8" 1,502 NATIONAL. CITY 8Z.VD. ACCULINE SURVEY, INC. 1919 GRAND AVE, SUITE 1G, SAN DIEGO, CA 92109. (858) 483-6665 FAX(858) 483-6056 LINE TABLE Li N/8'00100 "IV 510' L2 572'00'00"W 19.50' L.5 518'00'00"E 510' L4 102-'00100"E 19.50' SCALE' 1'2=20' LEGEND P.O.B. INDICATES POINT OF BEGINNING T.P.0.5 INDICATES TRUE POINT OF BEGINNING INDICTS CONCRETE RAMP ENCROACHUENT 99.45 SQ. FT (002 ACRE) 111870 '00111 50.00' / CERTIFY THAT THE INFORIVATION „SHOWN HEREON IS BASED ON RECORD DATA, NO FIELD SURVEY WAS PERFORMED, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF CC 0 Exp. 09/30/17 No. LS 5717 DATE OF PLOT 11/0 /2016 FILE NO, 1863-16 -6- 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 DAJANI HOSPITALITY FOR THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN ACCESS RAMP IN THE PUBLIC RIGHT-OF-WAY ON CIVIC CENTER DRIVE FOR ENTRY INTO THE COMMERCIAL BUILDING LOCATED AT 1302 NATIONAL CITY BOULEVARD WHEREAS, the owner of Dajani Hospitality, a commercial property located at 1302 National City Boulevard, received building permits and started construction for tenant improvements to provide access for persons with disabilities consistent with the California Building Code and the Americans with Disabilities Act ("ADA"); and WHEREAS, due to existing site constraints, an approximately 20-foot long by 5- foot wide ADA accessible ramp to the building was constructed within the existing sidewalk on Civic Center Drive, which is in the public right of way and requires the owner to obtain and execute an Encroachment Permit and Agreement with the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Dajani Hospitality, located at 1302 National City Boulevard, for the installation of an ADA ramp within the public right- of-way on Civic Center Drive for ADA access to the business. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th 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 Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk November 15, 2017 Mr. Zapher E. Dajani Dajani Hospitality, Inc. 631 W. Pennsylvania Ave. San Diego, CA 92103 Dear Mr. Dajani, On August 15th, 2017, Resolution No. 2017-155 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 on Civic Center Drive at 1302 National City Blvd. We are forwarding a certified copy of the above Resolution for your records. Michael R. Dalla, CMC City Clerk Enclosure x7 PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: � r Da) 'i 5p 1 1--0,,L AND WHEN RECORDED MAIL TO: (, 4_)tox, _fel Ai, .1 :17,,,t\c__ 3 t RorSylvaviii,„ c A- 0 3 DOC# 2017-0487903 III III IIINII ull II IIIIIIIIIIIItlIIIIIIIIIIIIIIIIIN Oct 19, 2017 04:09 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $33.00 THIS SPACE FOR RECORDERS USE ONLY q(0t1- 41---/I,r- AL (Please fill in document title(s) on this line) PAGES: 7 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rcc.Forrn #R25 FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of N ional Citytrere rants an Encroachment Permit to the undersigned, := G" Cleo. 3' ..ti ereinafter referred to as "OWNER"), in accordance with and pursuant to the ¥ms and condi ions 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 insurarlcq with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occuxr floe, 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: CIT Y NATIONAL CITY Morrison, Mayor PERMITTEE: C kIv. 44. t C Sig a e CV et 4 pap 4,4 Name & TitlerAkte 326 i ge- /6,4/ 14 /— Dy ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: 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)) CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 V--) On (1 /7J ( before me, (nap Q )i eit4rds.(0 Noictlijt r, (Here insert name and title'of the officer) personally appeared 'a b 4 r Da °cn 1 who proved to me on the babis of satisfactory eakence to be the person(K whose name() is/are-subscribed to the within instrument and acknowledged to me that he/shc/# oy executed the same in his/Ileritiieir authorized capacity(-iesrand that by his/her4lieir signature(.8-on the instrument the person .& -or the entity upon behalf of which the personcted, 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. Notary Public Signature (Notary Public Seal) OFFic;;.AL: SEAL • TOMMI.E SiCHARDSON NOTANY PU 3L C-CALIFORaNIA 1 M ± i : NO. 2U70 126 BAN DIEQ0 COUNTY trlY COt.,„M.:EXP. J.UNF E .1, 2018. moo:£:. ♦ • INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT Cry'cteu1kP4544"r` (Title or description of attached document) attached or description (Title document continued) Number of Pages Document Date 1( CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 min -bi-C— —0 ) On to/I(20)`"1 before me,-N 01 Zf „,,,,,CA 1b6C- Date Here Insert ame and Title of the fficer personally appeared ph e4' GYl f J Name(s Signer(s) 7)/A who proved to me on the basis of satisfactory evidence to be t person( whose name 6/are s bscribed to the within instrument and acknow edged to me thathe'sh executed the same in hi /herLthe.-,authorized capacity(i ), and that by is hcF/their signatureon the instrument the persona), or the entity upon behalf of which the person 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. rudIrlbraiehdbillirdh DIANA LOPEZ Commission # 2121261 z , • �'�, Notary Public - California z San Diego County My Comm. Expires Aug 26, 2019 Place Notary Seal Above WITNESS Signature OPTIONAL hand and official seal. I0,t z Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: hGK,c,orc�'`YY '-S1-- Document Date: to/I7) I ? Number of Pages: Cc, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign r(s) Signer's Name: Li] Corporate Officer — Title ❑ Partner — ❑ Limited General ❑ Individual ❑ A orney in Fact ❑ Trustee ❑ uardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title( ❑ Partner — ❑ Limited / General ❑ Individual ❑ Atto ney in Fact ❑ Trustee ❑ G . rdian or Conservator ❑ Other: Signer Is Representi ► g: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" HANDICAP RAMP MATERIANis ofiC-boti LRIWTION The 5' -0" wide x approximately 20' -0" long handicap (accessibility) exit ramp and landing is located to the North of 1302 National City Blvd. on the city sidewalk between the existing building and Civic Center Drive as described in "Exhibit A" legal description. The new sloped ramp and landing are constructed of broom finish concrete and vary in height from 0" above the existing sidewalk to approximately 15" +/- above. The ramp and landing have 1 1/2" diameter stainless steel (optional painted finish) handrails on each side and at the top landing. The handrails rise above the surface of the ramp and landing by 38" (max.) The new ramp and landing provide a California Building Code required secondary access from the existing building and doorway. HANDICAP RA P ENCROACH ENT XHI 7,502 IVATIONAI CITY 8Z.VD. ACCULINE SURVEY, INC. 1919 GRAND ME, SUITE 1G, SAN DIEGO, CA 92109. (858) 483-6665 FAX(858) 483-6056 LINE TASLE Li N18*0010011/ 5 0' L2 572720'00'W 19.50' L3 S18'00'001- 5.10' 14 N7700'00r 19.501 SCALE: t"---,20' LEGEND P08. IND/CATS POINT OF BEGINNING T.P.aa INDICATES TRUE POINT OF BEGINNING INDICTS CONCRETE RAMP ENCROACHMENT 99.45 SQ. FT (002 ACRE) I CERTIFY THAT THE INFORUATION SHOW HTEON IS BASED ON RECORD DATA, NO FIELD SURVEY WAS' PERFORMED, AND 71/AT IT IS TRUE AND CORRECT TO IHE BEST OF MY MN/LEDGE AND BELIEF 0 Exp. 09/30/17 No. LS 5717 DATE OF PLOT 11/05/2016 FILE NO. 1863-16 EXHIBIT "B" LEGAL DESCRIPTION HANDICAP RAMP ENCROACHMENT THAT PORTION WITHIN THE SOUTHERLY RIGHT OF WAY OF CIVIC CENTER DRIVE, (FORMERLY I3TH STREET), ADJACENT TO LOT 22, IN BLOCK 14 ACCORDING TO 'MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID CIVIC CENTER DRIVE AND THE WESTERLY RIGHT OF WAY LINE OF NATIONAL CITY BOULEVARD, (FORMERLY NATIONAL AVENUE), ALSO BEING THE NORTHEAST CORNER OF LOT 22, BLOCK 14 OF SAID MAP 348, THENCE: SOUTH 72"00'00" WEST 54.40 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIG! IT OF WAY LINE OF CIVIC CENTER DRIVE AND MT 22, NORTH 18'00'00" WEST 5.10 FEET, THENCE; SOUTH 72'00'00" WEST 19.50 FEET, THENCE; SOUTH 18'00'00" EAST 5.10 FEET, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, THENCE; NORTH 72'0000" EAST 19.50 FEE:f, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22 TO THE TRUE POINT OF BEGINNING. SAID RAMP ENCROACHMENT CONTAINS 99.45 SQ. FT. (0.002 ACRE), MORE OR LESS, AND IS SHOWN AND DESIGNATED ON EXHIBIT -B" ATTACHED HERETO AND MADE A PART HEREOF. 863-ENCROACI N0,14,5111 Exp, lot of I I FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of N ion4l Ci 'tiereby grants an Encroachment Permit to the undersigned, GiiN.• TIAS ti'rc..tC (hereinafter referred to as "OWNER"), in accordance with and pursuant to the t ms 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: C IT F NATIONAL CITY orrison, Mayor PERMITTEE: Zv)ttv y Name & Title "I ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: 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)) CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 o T7 -ee C } i On 1 I7e before me, 76;ini471 e )l Cit Atoicv.rj (Here insert name and title the officer) personally appeared 'T Da I c7i.Y? who proved to me on the bdsis of satisfactory eakence to be the personwhose name() is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h.er4their authorized capacity(ies-t and that by his/h43419eir signature(81-on the instrument the persons-}; or the entity upon behalf of which the personfsracted, 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. Notary Public Signature ♦ OFFICIAL SEAL TOMMIE RICHARDSON NOTARY PUBLIC-CALIFORNIAD COMM. NO. 2070126 -' SAN DIEGO COUNTY MY COMM. EXP. JUNE 1, 2018 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Cr0 (--LC 11 '- (Title or description of attached document) ). (Title or description attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM • This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other slates may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California note y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tom is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. :• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT "A" HANDICAP RAMP MATERIAL DICRIPTION The 5'-0" wide x approximately 20'-0" long handicap (accessibility) exit ramp and landing is located to the North of 1302 National City Blvd. on the city sidewalk between the existing building and Civic Center Drive as described in "Exhibit A" legal description. The new sloped ramp and landing are constructed of broom finish concrete and vary in height from 0" above the existing sidewalk to approximately 15" +/- above. The ramp and landing have 1 1/2" diameter stainless steel (optional painted finish) handrails on each side and at the top landing. The handrails rise above the surface of the ramp and landing by 38" (max.) The new ramp and landing provide a California Building Code required secondary access from the existing building and doorway. EXHIBIT " LEGAL DESCRIPTION HANDICAP RAMP ENCROACHMENT THAT PORTION WITHIN THE SOUTHERLY RIGHT OF WAY OF CIVIC CENTER DRIVE. (FORMERLY 13T" STREET), ADJACENT TO LOT 22, IN BLOCK 14 ACCORDING TO MAP THEREOF NO. 348, HI ED IN THE OFFICE OF TIIE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID CIVIC CENTER DRIVE AND THE WESTERLY RIGHT OF WAY LINE OF NATIONAL CITY BOULEVARD, (FORMERLY NATIONAL AVENUE), ALSO BEING THE NORTHEAST CORNER OF LOT 22, BLOCK 14 OF SAID MAP 348, THENCE: SOUTH 72'0000" WEST 54A0 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CF,NTER DRIVE AND LOT 22, NORTH 18000'00" WEST 5.10 FEET, THENCE; SOUTH 72°0000" WEST 19.50 FEET, THENCE; SOUTH 18'00'00" EAST 5.10 FEET, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, THENCE; NORTH 72'00'00" EAST 19.50 FEET, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22 'TO THE TRUE POINT OF BEGINNING. SAID RAMP ENCROACHMENT CONTAINS 99,45 SQ. FT. (0.002 ACRE), MORE OR LESS, AND IS SHOWN AM) DESIGNATED ON EXHIBI "Er ATTACHED HERETO AND MADE A PART HEREOF. 1863-ENCROACHIGL f 1 HAND/ AP RA P ENCROACH ENT XIII 7502 NATIONAL CITY BZ.VD. ACCULINE SURVEY, INC, 1919 GRAND AVE, SUITE 10, SAN OEM CA 92109, (858) 483-6665 FAX(858) 483-6056 LINE TABLE Li N18•00'0011/ 510' L2 S7.700'0011, 19. 0' Li S18'00'001- 510' L4 N7700VONE 19.50' SCALE. 111=201 781 P.0.8. INDICATES POINT OF BEGINNING T.P.O.B. INDICATES TRUE POINT OF BEGINNING INOICIES CONCRETE RAMP ENCROACHMENT 99,45 SO. FT (002 ACRE) N'819(10 "t 01 I CERT1Fr THAT THE INFORMAPON SHOWN HEREON IS BASED ON RECORD DATA, NO FIELD SURVEY WAS PERFORMED, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF 0 Exp. 09/30/1'7 No. LS 5717 DATE OF PLOT 11/05/2016 FILE NO. 1863-16 RESOLUTION NO. 2017 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH DAJANI HOSPITALITY FOR THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN ACCESS RAMP IN THE PUBLIC RIGHT-OF-WAY ON CIVIC CENTER DRIVE FOR ENTRY INTO THE COMMERCIAL BUILDING LOCATED AT 1302 NATIONAL CITY BOULEVARD WHEREAS, the owner of Dajani Hospitality, a commercial property located at 1302 National City Boulevard, received building permits and started construction for tenant improvements to provide access for persons with disabilities consistent with the California Building Code and the Americans with Disabilities Act ("ADA"); and WHEREAS, due to existing site constraints, an approximately 20-foot long by 5- foot wide ADA accessible ramp to the building was constructed within the existing sidewalk on Civic Center Drive, which is in the public right of way and requires the owner to obtain and execute an Encroachment Permit and Agreement with the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Dajani Hospitality, located at 1302 National City Boulevard, for the installation of an ADA ramp within the public right- of-way on Civic Center Drive for ADA access to the business. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of August,, 017. ATTEST: ael R. Dall City Clerk APPROVED A 0 FORM: -Jon: ttorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on August 15, 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 CityfLJf erk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-155 of the City of National City, California, passed and adopted by the Council of said City on August 15, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 15, 2017 AGENDA ITEM NO. 14 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Encroachment Permit and Agreement with Dajani Hospitality, for the installation of an Americans with Disabilities Act (ADA) compliant pedestrian access ramp in the public right-of-way on Civic Center Drive for entry into the commercial building located at 1302 National City Blvd. PREPARED BY: Charles Nissley, Senior Civil Engineering Tech. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 4(7 IANCIAL STATEMENT: ACCOUNT NO. 1N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS $TAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to sign an Encroachment Permit and Agreement with Dajani Hospitality, for the installation of an ADA compliant pedestrian access ramp on Civic Center Drive for entry into the commercial building located at 1302 National City Blvd. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit and Agreement 3. Exhibits "A" and "B" 4. Resolution EXPLANATION Dajani Hospitality, owner of the commercial property located at 1302 National City Boulevard, has received building permits and started construction for their tenant improvements. They are required to provide access for persons with disabilities consistent with the California Building Code and Americans with Disabilities Act (ADA). Given existing site constraints, they constructed an approximately 20-foot long by 5-foot wide ADA accessible ramp to the building entrance within the existing sidewalk on Civic Center Drive. Approximately 9 feet of width remains along the sidewalk, which exceeds ADA requirements for accessible path of travel. Since the ramp is located within the public right of way, the owner is required to execute an Encroachment Permit and Agreement with the City. Staff supports executing the attached Encroachment Permit and Agreement. Exhibits A and B provide a legal description and map of the encroachment area. FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of Nion4l pity� hereby grants an Encroachment Permit to the undersigned, 4.�a � i1D h ' � �., y (hereinafter referred to as "OWNER"), in accordance with and pursuant to the t -ms and conditions set forth in Chapter 13.12 of the National City Municipal al 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 -1- 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: CITY OF NATIONAL CITY Ron Morrison, Mayor PERMITTEE: ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Firm Name Mailing Address: PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 -2- Encroachment Permit and Agreement (Commercial)) CALIFORNIA ALL- PURPOSE CERTEF[CATE OF 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 o fy On tr /2e/ before me, Tin" e 1 C%� / iatiJ Pubt)) C, (Here insert name and title of the officer) personally appeared --Za E - ,r-` w �� who proved to me on the beisis of satisfactory ek idence to be the person whose name() is/ate-subscribed to the within instrument and acknowledged to me that he/stic/thoy executed the same in his/ITer*teir authorized capacity(; and that by his/he tr signatureceron the instrument the person, -or the entity upon behalf of which the personcted, 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. Notary Public Signature ♦ (Notary Public Seal) OF FIC:A1_ SEAL TOMMIE ?iCHARD:3ON ;vCT'. y1• PU41.it~-C1-kLI 'ORNIr?,= NC.2370126 i — A N .D. l i_: ;' ' COUNTY t MY COMM. EXF'. AWE `i `IEc.. f, 201r; � ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT b Crc' C,t -0' (Title or description of attached document) 011' vt (Title or description attached document continued) Number of Pages Document Date gf CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document Acknowledgments from other stales may be completed for documents being sent to that state so long as the wording does not require the California nolamy to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ▪ Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment foram. ® Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • securely attach this document to the signed document with a staple. -3- EXHIBIT "A" HANDICAP RAMP MATERIAL DICRIPTION The 5'-0" wide x approximately 20'-0" long handicap (accessibility) exit ramp and landing is located to the North of 1302 National City Blvd. on the city sidewalk between the existing building and Civic Center Drive as described in "Exhibit A" legal description. The new sloped ramp and landing are constructed of broom finish concrete and vary in height from 0" above the existing sidewalk to approximately 15" +/- above. The ramp and landing have 1 '/2" diameter stainless steel (optional painted finish) handrails on each side and at the top landing. The handrails rise above the surface of the ramp and landing by 38" (max.) The new ramp and landing provide a California Building Code required secondary access from the existing building and doorway. -4- EXHIBIT "B" LEGAL DESCRIPTION HANDICAP RAMP ENCROACHMENT THAT PORTION WITHIN THE SOUTHERLY RIGHT OF WA.Y OF CIVIC CENTER DRIVE, (FORMERLY 13Th STREET), ADJACENT TO LOT 22, IN BLOCK 14 ACCORDING TO MAP THEREOF NO. 348. FILED IN THE OFFICE OFFHE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINT,: OF SAID CIVIC CENTER DRIVE AND THE WESTERLY RIGHT OF WAY LINE OF NATIONAL CITY BOULEVARD, (FORMERLY NATIONAL AVENUE), ALSO BEING THE NORTHEAST CORNER OF LOT 22, BLOCK 14 OF SAID MAP 348, THENCE: SOUTH 72'00'00" WEST 54.40 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, '1'0 THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, NORTH 18'0000" WEST 5.10 FEET, THENCE; SOUTH 72'00'00" WEST 19.50 FEET. THENCE; SOUTH 18'00'00" EAST 5.10 FEET, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22, THENCE; NORTH 72'0000" EAST 19,50 FEET, ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF CIVIC CENTER DRIVE AND LOT 22 TO THE TRUE POINT OF BEGINNING. SAID RAMP ENCROACHMENT CONTAINS 99.45 SQ, FT. (0.002 ACRE), MORE OR LESS, AND IS SHOWN AND DESIGNATED ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF, 1863-Ei CROACT .LGL 61.4) .7* 1 of 1 -5- HAND/CAP RAW) ENCROACHAIENT /HI 7502 NATIONAI CITY BLVD. ACCULINE SURVEY, INC. 1919 GRAND AVE SUITE 1G, SAN DIEGO, CA 92109. (858) 483-6665 FAX(858) 483-6056 LINE TABLE Li 8'00'001f 5 0" L2 572V0'00111 19.50' L3 S'1 00'00't 510' 14 A172190100nE 19.50' SCALE. 1'12- LEGEND ROB. INDICATES POINT OF BEGINNING T.P.OR INDICATES TRUE POINT OF BEM rJ INOICTES CONCRETE RAMP ENCROACHMENT 99.45 5C). FT (002 ACRE) CERTIFY THAT THE INFORAlA TION SHOW HEREON IS BASED ON RECORD DATA NO FIELD SUINEY WAS PERFORA1ED, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF itlY KNOKEDGE AND BELIEF Exp. 09/30/17 No. LS 5717 DATE OF PLOT 11/05/2016 FILE NO, 1863-16 -6- 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 DAJANI HOSPITALITY FOR THE INSTALLATION OF AN AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN ACCESS RAMP IN THE PUBLIC RIGHT-OF-WAY ON CIVIC CENTER DRIVE FOR ENTRY INTO THE COMMERCIAL BUILDING LOCATED AT 1302 NATIONAL CITY BOULEVARD WHEREAS, the owner of Dajani Hospitality, a commercial property located at 1302 National City Boulevard, received building permits and started construction for tenant improvements to provide access for persons with disabilities consistent with the California Building Code and the Americans with Disabilities Act ("ADA"); and WHEREAS, due to existing site constraints, an approximately 20-foot long by 5- foot wide ADA accessible ramp to the building was constructed within the existing sidewalk on Civic Center Drive, which is in the public right of way and requires the owner to obtain and execute an Encroachment Permit and Agreement with the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Dajani Hospitality, located at 1302 National City Boulevard, for the installation of an ADA ramp within the public right- of-way on Civic Center Drive for ADA access to the business. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of August, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney �t�1111Uuuuu/ul/lq/// CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk November 15, 2017 Mr. Zapher E. Dajani Dajani Hospitality, Inc. 631 W. Pennsylvania Ave. San Diego, CA 92103 Dear Mr. Dajani, On August 15th, 2017, Resolution No. 2017-155 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 on Civic Center Drive at 1302 National City Blvd. We are forwarding a certified copy of the above Resolution for your records. Michael R. Dalla, CMC City Clerk Enclosure //��%/lllllluun mnl111\a\\\` CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk DAJANI HOSPITALITY, INC. Encroachment Permit & Agreement Installation of ADA compliant pedestrian access ramp 1302 National City Blvd. Vendor has copy of recorded Encroachment Permit & Agreement Confirmed with Charles Nissley (Engineering/Public Works)