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HomeMy WebLinkAbout2019 CON (ENCROACHMENT AGREEMENT) Karim Mansour - 322 through 330 Highland Ave -San Diego County 4 ' C' Transaction #: 4198110 yz; 3*" o .M _ C'' Receipt #: 2019596458 accc 1111111111111111111111111111111110# Ernest J. Dronenburg, Jr. Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 Cashier Date: 12/11/2019 Print Date: 12/11/2019 11:49 am P. O. Box 121750, San Diego, CA 92112-1750 Cashier Location: KM Tel. (619) 237-0502 Fax (619) 557-4155 www.sdarcc.com Payment Summary Total Fees $73.00 Total Payments $73.00 Balance: $0.00 Payment CHECK PAYMENT $73.00 Total Payments $73.00 Recorded Item OFFICIAL RECORD -1 Document #: 2019-0577544 Date: 12/11/2019 11:49AM Pages: 16 Fees: Recording $73.00 Total Fees Due: $73.00 Grand Total - All Documents: $73.00 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City Engineer City of National City 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: City Engineer City of National City 1243 National City Blvd. National City, CA 91950 DOC# 2019-0577544 m 111 II 11 III111111111111111t II III 1I II III Dec 11, 2019 11:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $73.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES:16 THIS SPACE FOR RECORDER'S USE ONLY (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) ENCROACHMENT PERMIT AND AGREEMENT WITH KARIM MANSOUR — 322 THROUGH 330 HIGHLAND AVENUE, NATIONAL CITY, CA 91950 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2019 - 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN AN AERIAL ENCROACHMENT PERMIT AND AGREEMENT WITH KARIM MANSOUR, PROPERTY OWNER TO INSTALL THREE CANOPIES TO OVERHANG THE PUBLIC RIGHT OF WAY AT 322 THROUGH 330 HIGHLAND AVENUE WHEREAS, Karim Mansour, owner of the properties located at 322 through 330 Highland Avenue, has an approved grading plan for a proposed new mixed -use building; and WHEREAS, the building design will incorporate three canopies that will encroach over the public right of way, requiring Mr. Mansour to obtain an aerial encroachment easement for each of the three canopies; and WHEREAS, Mr. Mansour is requesting that the Mayor execute the a Aerial Encroachment Permit and Agreement so he can move forward with his project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to sign an Aerial Encroachment Permit and Agreement with Karim Mansour, property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Avenue. PASSED and ADOPTED this 19th day of November, 2019. Alejandra Sotelo-Solis, Mayor ATTE it7Michael R. Dalla, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on November 19, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-158 of the City of National City, California, passed and adopted by the Council of said City on November 19, 2019. Bv: City Clerk of the City of National City, California D uty AW41 (Ccti,4M AlahtotW FEE: $500.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of tional City hereby grants an Encroachment Permit to the undersigned, f' N$ .) ✓ (hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER'S land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall • provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: t C(0- ((� CITY OF NATIO ► " TY ., Alejandra ote o-Solis, Mayor California All -Purpose Acknowledgement See Attachment Name & Title PERMITTEE: k lago( kiieug Entity/Company d Signature ()(2A 7 1 {t'rl Mal -flout, p r41t tA'_ ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: V.trMYY% / a K Sd a Mailing Address: Perso((4C) 10`( IL( .6 0n in Responsible Charge Y� / ��� D»F(1a 1 (.t4 '72 Di 14161440 v(e pos, 24/7 Phone Number Firm Nam 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)) • z z Title/Type of Document CALIFORNIA ALL-PURPOSE 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 San Diego On (x"T J JZ 2%Zo19 before me, personally appeared P 13D U L Sara Gonzalez Castro, Notary Public, 191Z/11-j /►') )9,U a u l2 SARA GONZALEZ CASTRO Notary Public - California San Diego County Commission # 2167473 k. Comm. Expires Oct 10, 2020 z z who proved to me on the basis of satisfactory evidence to be the person(61 whose name() is/aye subscribed to the within instrument and acknowledged to me that he/slug-they executed the same in his/h.,./4h,..ir authorized capacity(ios), and that by his/hes.Lheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(e}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 OPTIONAL This information not required by law, but may prevent fraudulent removal and reattachment to another document. EcVCKoAC141E.vr I7C-ICr+-iir 4 u{ C-7y►t_j- Document Date /0 -2 / • i 9 Number of Pages ) CAPACITY(IES) CLAIMED BY SIGN R(S) Signer's Name ❑ Individual ❑ Corporate Officer - Title(s) _ ❑ Partner ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian o onservator ❑ Other Signer Is Representing Signer's Name ual ❑ Corporate ❑ Partner O Limited O General ❑ Attorney In Fact ❑ Trustee Guardian or Co ❑ Other icer - Title(s) _ rvator Signer Is Representing Right Thumbprint Of Signer EXHIBIT "A" CANOPY 1 LOCATION: EAST SIDE OF BUILDING OVER SUITES C, D AND E, EXTENDING A MAXIMUM OF 42" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 12'-4" ABOVE SIDEWALK AT SOUTH END, 11'-3" ABOVE SIDEWALK AT NORTH END THICKNESS: APPROXIMATELY 12" (VARIES WITH SLOPE AT TOP SIDE) MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE / DECK SURFACE AT TOP SIDE SIGNAGE: 3-DIMENSIONAL LETTERING ATTACHED TO TOP SIDE OF CANOPY NEAR THE OUTSIDE EDGE OF THE OVERHANG, MAX 24" TALL CANOPY 2 LOCATION: EAST SIDE OF BUILDING OVER SUITE B, EXTENDING A MAXIMUM OF 42" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 10'-3" ABOVE SIDEWALK AT WEST END, 9'-3" ABOVE SIDEWALK AT EAST END THICKNESS: APPROXIMATELY 12" (VARIES WITH SLOPE AT TOP SIDE) MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE / DECK SURFACE AT TOP SIDE CANOPY 3 LOCATION: SOUTH SIDE OF BUILDING OVER SUITE A, EXTENDING A MAXIMUM OF 52" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 9'-6" ABOVE SIDEWALK THICKNESS: APPROXIMATELY 7" MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE AT TOP SIDE CABLE SUPPORTS: (2) ATTACHMENT TO TOP SIDE OF CANOPY SLOPING BACK TO BUILDING FACE AT 45° SIGNAGE: 3-DIMENSIONAL LETTERING ATTACHED TO TOP SIDE OF CANOPY NEAR THE OUTSIDE EDGE OF THE OVERHANG, MAX 24" TALL EXHIBIT "B" AERIAL ENCROACHMENT AREA APN: 556-127-05 CANOPY 1 PARCEL 1 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 11.25 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE WESTERLY ONE- HALF OF HIGHLAND AVENUE BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 15.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE NORTH 72°12'54" EAST 3.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06" EAST 65.12 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 72°12'54" WEST 3.50 FEET TO SAID WESTERLY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WESTERLY LINE NORTH 17°47'06"WEST 65.12 FEET TO THE TRUE POINT OF BEGINNING. AREA=228 SQUARE FEET MORE OR LESS CANOPY 2 PARCEL 2 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 9.25 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE WESTERLY ONE- HALF OF HIGHLAND AVENUE BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 95.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE NORTH 72°12'54" EAST 3.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06" EAST 7.80 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 72°12'54" WEST 3.50 FEET TO SAID WESTERLY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WESTERLY LINE NORTH 17°47'06"WEST 7.80 FEET TO THE TRUE POINT OF BEGINNING. AREA=27 SQUARE FEET MORE OR LESS CANOPY 3 PARCEL 3 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 9.50 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE NORTHERLY ONE-HALF OF 4TH STREET BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 125.80 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING IN THE NORTHERLY LINE OF 4TH STREET HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID NORTHEYLY LINE OF 4TH STREET SOUTH 71°54'08" WEST 75.89 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE OF 4TH STREET SOUTH 18°05'52" EAST 4.33 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE OF 4TH STREET NORTH 71°54'08" EAST 75.89 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE OF 4TH STREET NORTH 18°05'52" WEST 4.33 FEET TO THE TRUE POINT OF BEGINNING. AREA=329 SQUARE FEET MORE OR LESS EXHIBIT " B' N1747'06'W 125.80' N7154'08'E 100.00' LINE TABLE NO. BEARING DISTANCE L 1 N7272'541- 3.50' L2 S7272'54 "W 3.50' L3 N7272'54'E 3.50' L4 S7272'54"W 3.50' L5 N1747'06"W 7.80' L6 N18.05'52"W 4.33' L7 S18'05'52'E 4.33' TPOB PCL 1 PARCEL 1 CANOPY STRUCTURE NO. 1 ABOVE GRADE ENCROACHMENT 1 pOo R 'LY IE'LY 110 ACRE 0.0713 SCE 155 RANCHO DE ILA HAMA PARCEL 3 CANOPY STRUCTURE NO. 3 ABOVE GRADE ENCROACHMENT 3 POB 711''r- S1747'06'E 15.49' Les TPOB PCL 2 PARCEL 2 CANOPY STRUCTURE NO. 2 ABOVE GRADE ENCROACHMENT 2 S7154'08'W 100.00' 75.89' N7154 08 E 75.89' LEGEND 40' 4TH STREET --4"—N7154'09'E —/`— V//// ENCROACHMENT AREA El LEAD AND DISC PER ROS 22919 P.D.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING NOTE BOUNDARY DATA SHOWN HEREON PER ROS 22919 0 N 20 SCALE: 1" = 20' i L1 L2 40' 3 51747'06'E 780' L4 HIGHLAND AVENUE JN: 17-175 10-17-19 4SA M P D ENGINEERING. INC. 171 SAXONY ROAD, SUITE 21,E ElICNTAS CA 92024 1EL: (760) 436-0660 FAX• (760) 436-0659 '\- SAMPD ENGINEERING, INC. EMRA Closure Calculations: 322 HIGHLAND AVENUE APN:556-127-05 ENCROACHMENT 1 Closure Summary Precision, 1 part in: 137180000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 227.92 Sq. Ft. Square area: 225.97 Perimeter: 137.18' Point of Beginning Easting: 16701.0040' Northing: 9099.9226' Side 1: Line Direction: N72°12'54"E Angle: [-107°47'06"] Deflection angle: [72°12'54"] Distance: 3.50' Easting: 16704.3081' Northing: 9100.9825' Side 2: Line Direction: S 17°47'06"E Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 65.12' Easting: 16724.1988' Northing: 9038.9746' Side 3: Line Direction: S72°12'54"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 3.50' Easting: 16720.8946' Northing: 9037.9147' Side 4: Line Direction: N17°47'06"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 65.12' Easting: 16701.0040' Northing: 9099.9226' 171 Saxony Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 • F: 760.436.0659 • info@sampoengineering.com Page 11 '-' SA M P O ENGINEERING INC. ENCROACHMENT 2 Closure Summary Precision, 1 part in: 22540000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 27.07 Sq. Ft. Square area: 27.07 Perimeter: 22.54' Point of Beginning Easting: 16876.4484' Northing: 9301.4279' Side 1: Line Direction: N72° 12'54"E Angle: [-107°47'06"] Deflection angle: [72°12'54"] Distance: 3.50' Easting: 16879.7525' Northing: 9302.4878' Side 2: Line Direction: S 17°47'06"E Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 7.80' Easting: 16882.1350' Northing: 9295.0606' Side 3: Line Direction: S72°12'54"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 3.50' Easting: 16878.8308' Northing: 9294.0007' Side 4: Line Direction: N17°47'06"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 7.80' Easting: 16876.4484' Northing: 9301.4279' 171 Saxony Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 • F: 760.436.0659 • info@sampoengineering.com Page 12 '-'SAMPD ENGINEERING, INC. ENCROACHMENT 3 Closure Summary Precision, 1 part in: 160440000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 328.60 Sq. Ft. Square area: 328.60 Perimeter: 160.44' Point of Beginning Easting: 16927.7013' Northing: 9142.7127' Side 1: Line Direction: S71°54'08"W Angle: Deflection angle: Distance: Easting: Northing: Side 2: Line Direction: Angle: Deflection angle: Distance: Easting: Northing: Side 3: Line Direction: Angle: Deflection angle: Distance: Easting: Northing: Side 4: Line Direction: Angle: Deflection angle: Distance: Easting: Northing: [71 °54'08"] [-108°05'52"] 75.89' 16855.5658' 9119.1383' S 18°05'52"E [90°00'00"] [-90°00'00"] 4.33' 16856.9108' 9115.0225' N71°54'08"E [90°00'00"] [-90°00'00"] 75.89' 16929.0464' 9138.5969' N18°05'52"W [90°00'00"] [-90°00'00"] 4.33' 16927.7013' 9142.7127' 171 Saxony Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 • F: 760.436.0659 • info@sampoengineering.com Page 13 NOV 21 ZpiB S2018-11-20-10.51.28.000000 P2018-1 I-19-13,31.17,740000 R2018-1 I-19-13,31 30,000000 Mercury Casualty Company Producer's Copy California Businessowners Policy Effective Date 01/09/2019 Page 1 Renewal Declaration *** REMINDER --- THIS POLICY IS DIRECT BILL *** This declaration supersedes any previ s declaration bearing the same number for this policy period. Coverage will lapse and no longer b in effect if payment is not received by the due date. Named Insured: KARIM MANSOUR Mailing Address KARIM MANSOUR 4646 RANCHO REPOSO DEL MAR CA 92014-4201 Client Number: 670263 Producer AMLI ASSOC. INS AGCY, INC 642 THIRD AVE STE B CHULA VISTA CA 91910 01/09/2019 - 01/09/2020 Mercury Casualty Company At 12:01AM Standard Time At Your Mailing Address Shown Above. Business Description: Office Building Form of Business: INDIVIDUAL TOTAL PROPERTY PREMIUM $1,107 TOTAL LIABILITY PREMIUM OTHER PREMIUM TOTAL PREMIUM $477 $0 $1,584 3789 619-827-7600 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, Insurance is provided with respect to those premises described herein and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all the terms of this policy including forms and endorsements made a part hereof LOCATION OF PREMISES PREM BLDG LOCATION I I 322 Highland Ave - # 330 - National City CA 91950-1510 SECTION I PREM BLDG COVE PROPERTY COVERAGE LIMIT OF INSURANCE 'ALUUATION OCCUPANCY Not Applicable DEDUCT- IDLE PREMIUM 0 Mercury Casualty Company Producer's Copy California Businessowners Policy Effective Date:01/09/2019 Page 2 Policy Number. CCP0060281 Insureds Name: KARIM MANSOUR 1 1 Building $636,000 Replacement Cost l 1 Business Personal Property $5,000 Replacement Cost Automatic Increase - Building Limit 6% and Business Personal Property 4% Business Income is provided under BP 00 03 for Actual Loss Sustained. ADDITIONAL COVERAGE(S) :PREM BLDG COVERAGE Equipment Breakdown LIMIT OF INSURANCE $2,500 $1,021 $2,500 $8 DEDUCTIBLE TOTAL PROPERTY PREMIUM SECTION II LIABILITY COVERAGE PREM BLDG COVERAGE Bodily Injury & Property Damage Liability Combined Single Limits Personal & Advertising Injury Products & Completed Operations Medical Expenses Mercury Plus Liability Endorsement Additional Coverages: Vacant Land PREMIUM $78 $1,107 $1,000,000 Per Occurrence/$2,000,000 Aggregate $260 $1,000,000 Per Occurrence/$2,000,000 Aggregate $1,000,000 Per Occurrence/$2,000,000 Aggregate $5,000 Each Person/$10,000 Each Accident 1-5 acres TOTAL LIABILITY PREMIUM Schedule of Forms and Endorsements_' It is hereby understood and agreed, in consideration of the premium charged, that the following endorsements are attached to and form part of the aforementioned Policy. BP0567 0106 Exclusion of Terrorism BP0524 0115 Exclusion of Certified Acts of Terrorism BP0542 0115 Exclusion of Punitive Damages Related to a Certified Act of Terrorism BP0412 0417 Limitation of Cov to Designated Premises, Project or Operation BP0003 0713 Businessowners Coverage Form BP0417 0110 Employment - Related Practices Exclusion BP0439 0702 Abuse or Molestation Exclusion BP0453 0713 Water Back -Up and Sump Overflow BP0493 0106 Total Pollution Exclusion with Hostile Fire Exception BP0501 0702 Calculation of Premium BP0517 0106 Exc - Silica or Silica -Related Dust BP05770106 Fungi or Bacteria Exclusion MCY BP0646 0713 California - Ordinance or Law Coverage BP1504 0514 Exclusion Access or Disclosure of Confidential Info Limited BI BPIN01 0713 Businessowners Coverage Form Index ILN 018 0903 California Fraud Statement $125 $92 $477 illiMercury Casualty Company Producer's Copy Califomia Businessowners Policy Effective Date:01/09/2019 Page 3 Policy Number CCP0060281 Insureds Name: KARIM MANSOUR MCC EB BOP 0710 Mercury Casualty Company Equipment Breakdown Coverage MC BOP 32 0817 Businessowners Amendatory Endorsement MC BOP 33 0817 Businessowners Amendatory Plus Endorsement MC BOP 50 0817 Two or More Policies Issued by Us MC BOP Liability: Plus 0512 Mercury Plus Liability Endorsement Refer to Mercury Plus Liability Endorsement for Coverage Limits Automatically Included PREM BLDG 1 1 BP0155 0517 California Changes Vacant Land: 340 Highland Ave. National City CA .06 Acres FULL POLICY TERM PREMIUM S1,584 CREDITS: A 15% liability credit may be available if you are named as an additional insured on all of your tenants insurance policies. Please contact your agent if this applies to you. Prem: 1. Bldg: 1 Age Credit, Deductible Credit, Management Credit Checks or drafts are accepted in payment only if they are honored when first presented. In Consideration of the Provisions and Stipulations Herein or Added Hereto and of the Premium Above Specified (or specified in endorsement attached hereto), this Company, for the term from inception date shown above (At 12.01 A.M. Standard Time)to expiration date shown above (At 12:01 A.M. Standard Time) at location of property involved, to art amount not exceeding the limit of liability specified. does Insure the insured named in the Declarations above and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair; and without compensation for Toss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all LOSS BY FIRE, LIGHTNING AND OTHER PERILS INSURED AGAINST IN THIS POLICY IN- CLUDING REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED to the property described herein while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere. Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy, to- gether with such other provisions. stipulations and agreements as may be added hereto, as provided by this policy. M-1 (4/83) AIM il RESOLUTION NO. 2019 - 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN AN AERIAL ENCROACHMENT PERMIT AND AGREEMENT WITH KARIM MANSOUR, PROPERTY OWNER TO INSTALL THREE CANOPIES TO OVERHANG THE PUBLIC RIGHT OF WAY AT 322 THROUGH 330 HIGHLAND AVENUE WHEREAS, Karim Mansour, owner of the properties located at 322 through 330 Highland Avenue, has an approved grading plan for a proposed new mixed -use building; and WHEREAS, the building design will incorporate three canopies that will encroach over the public right of way, requiring Mr. Mansour to obtain an aerial encroachment easement for each of the three canopies; and WHEREAS, Mr. Mansour is requesting that the Mayor execute the a Aerial Encroachment Permit and Agreement so he can move forward with his project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to sign an Aerial Encroachment Permit and Agreement with Karim Mansour, property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Avenue. PASSED and ADOPTED this 19th day of November, 2019. Alejandra Sotelo-Solis, Mayor ATTE Michael R. Dalla, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on November 19, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-158 of the City of National City, California, passed and adopted by the Council of said City on November 19, 2019. City Clerk of the City of National City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 903-11-ID ""FETING DATE: November 19, 2019 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Aerial Encroachment Permit and Agreement with the property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Avenue. PREPARED BY: Charles Nissley, Sr. Civil Engineering PHONE: 336-4396 EXPLANATION: DEPARTMENT: Engineering/Public Works APPROVED BY: Karim Mansour, owner of the property located at 322 through 330 Highland Avenue, has an approved grading plan for a proposed new mixed -use building. The building design will incorporate three canopies that will encroach over the public right of way, requiring Mr. Mansour to obtain an aerial encroachment easement for each of the three canopies. Mr. Mansour is requesting that the Mayor execute the attached Aerial Encroachment Permit and Agreement so he can move forward with his project. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting and authorizing the Mayor to sign an Aerial Encroachment Permit and Agreement with the property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Ave BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Aerial Encroachment Permit and Agreement 2. Insurance Certification 3. Resolution ksd/abaM Ito as/y- /5 FEE: $500.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of Ntional City hereby grants an Encroachment Permit to the undersigned, fri+ti (Vj vt300 ✓ (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 -1- X l f/ ts' 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: f O(a-kike) CITY OF NATIONAL CITY Alejandra Sotelo-Solis, Mayor Califomia All -Purpose Acknowledgement See Attachment PERMITTEE: 4601 Entity/Q'ompany Signature {t rh MaNsou t D q-S Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Mailing Address: PICVi2epora 24/7 Phone Number Dee (14a "/ C 44 141: I44 t)(P i351 Firm Nail 4K v?2'1 ( Yi5o Person in Responsible Charge (") ()k( - 215 y 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)) -2- z z CALIFORNIA ALL-PURPOSE 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 San Diego On CCTj{ EI2 2 q, 20A before me, personally appeared ,t 13D 0 L. Sara Gonzalez Castro, Notary Public, K/r%/LJiVI ml91U5ou2 SARA GONZALEZ CASTRO Notary Public - California San Diego County Commission # 2167473 lyry Comm. Expires Oct 10, 2020 z z D who proved to me on the basis of satisfactory evidence to be the person(61 whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/sha4leey executed the same in his/fir authorized capacity(ies), and that by his/her..,414eir 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 OPTIONAL This information not required by law, but may prevent fraudulent removal and reattachment to another document. Title/Type of Document E a/c 1-cc A C yry e,t, Pe ierri i r 4 t%} C-, yv-r Document Date /o•21/•/9 CAPACITY(IES) CLAIMED BY SIGN R(S) Signer's Name ❑ Individual ❑ Corporate Officer - Title(s) _ ❑ Partner ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or onservator ❑ Other Signer Is Representing Number of Pages __1 Right T Si er n Signer's Name ual O Corporate ficer - Title(s) _ ❑ Partner O Limited ❑ General ❑ Attorney In Fact ❑ Trustee Guardian or Co rvator O Other Signer Is Representing Right Thumbprint Of Signer EXHIBIT "A" CANOPY 1 LOCATION: EAST SIDE OF BUILDING OVER SUITES C, D AND E, EXTENDING A MAXIMUM OF 42" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 12'-4" ABOVE SIDEWALK AT SOUTH END, 11'-3" ABOVE SIDEWALK AT NORTH END THICKNESS: APPROXIMATELY 12" (VARIES WITH SLOPE AT TOP SIDE) MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE / DECK SURFACE AT TOP SIDE SIGNAGE: 3-DIMENSIONAL LETTERING ATTACHED TO TOP SIDE OF CANOPY NEAR THE OUTSIDE EDGE OF THE OVERHANG, MAX 24" TALL CANOPY 2 LOCATION: EAST SIDE OF BUILDING OVER SUITE B, EXTENDING A MAXIMUM OF 42" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 10'-3" ABOVE SIDEWALK AT WEST END, 9'-3" ABOVE SIDEWALK AT EAST END THICKNESS: APPROXIMATELY 12" (VARIES WITH SLOPE AT TOP SIDE) MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE / DECK SURFACE AT TOP SIDE CANOPY 3 LOCATION: SOUTH SIDE OF BUILDING OVER SUITE A, EXTENDING A MAXIMUM OF 52" BEYOND PROPERTY LINE HEIGHT: UNDERSIDE OF OVERHANG @ 9'-6" ABOVE SIDEWALK THICKNESS: APPROXIMATELY 7" MATERIAL: FACE AND UNDERSIDE WRAPPED IN ALUMINUM (OR SIM PANELIZED MATERIAL), ROOFING MEMBRANE AT TOP SIDE CABLE SUPPORTS: (2) ATTACHMENT TO TOP SIDE OF CANOPY SLOPING BACK TO BUILDING FACE AT 45° SIGNAGE: 3-DIMENSIONAL LETTERING ATTACHED TO TOP SIDE OF CANOPY NEAR THE OUTSIDE EDGE OF THE OVERHANG, MAX 24" TALL -4- 1 -6- r,, -8- -9- EXHIBIT "B" AERIAL ENCROACHMENT AREA APN: 556-127-05 CANOPY 1 PARCEL 1 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 11.25 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE WESTERLY ONE- HALF OF HIGHLAND AVENUE BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 15.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE NORTH 72°12'54" EAST 3.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06" EAST 65.12 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 72°12'54" WEST 3.50 FEET TO SAID WESTERLY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WESTERLY LINE NORTH 17°47'06"WEST 65.12 FEET TO THE TRUE POINT OF BEGINNING. AREA=228 SQUARE FEET MORE OR LESS CANOPY 2 PARCEL 2 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 9.25 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE WESTERLY ONE- HALF OF HIGHLAND AVENUE BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: -10- COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 95.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE NORTH 72°12'54" EAST 3.50 FEET; THENCE PARALLEL WITH SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06" EAST 7.80 FEET; THENCE AT RIGHT ANGLES TO SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 72°12'54" WEST 3.50 FEET TO SAID WESTERLY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WESTERLY LINE NORTH 17°47'06"WEST 7.80 FEET TO THE TRUE POINT OF BEGINNING. AREA=27 SQUARE FEET MORE OR LESS CANOPY 3 PARCEL 3 AN AERIAL ENCROACHMENT FOR A CANOPY WITH A MINIMUM VERTICAL CLEARANCE OF 9.50 FEET MEASURED FROM THE FINISH SURFACE OF THE SIDEWALK TO THE BOTTOM OF THE CANOPY ENCROACHING OVER THAT PORTION OF THE NORTHERLY ONE-HALF OF 4TH STREET BEING A PORTION OF THE SOUTHERLY ONE-HALF OF THE EASTERLY QUARTER OF 10 ACRE LOT 13, IN QUARTER SECTION 155 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A LEAD AND DISC STAMPED LS 7655 IN CONCRETE AT THE MOST NORTHERLY CORNER OF RECORD OF SURVEY MAP NO. 22919, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 05, 2018, SAID POINT BEING IN THE WESTERLY LINE OF HIGHLAND AVENUE HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID WESTERLY LINE OF HIGHLAND AVENUE SOUTH 17°47'06"EAST 125.80 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING IN THE NORTHERLY LINE OF 4TH STREET HAVING A HALF WIDTH OF FORTY FEET; THENCE ALONG SAID NORTHEYLY LINE OF 4TH STREET SOUTH 71°54'08" WEST 75.89 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE OF 4TH STREET SOUTH 18°05'52" EAST 4.33 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE OF 4TH STREET NORTH 71°54'08" EAST 75.89 FEET; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE OF 4TH STREET NORTH 18°05'52" WEST 4.33 FEET TO THE TRUE POINT OF BEGINNING. AREA=329 SQUARE FEET MORE OR LESS -11- EXHIBIT "B" N7154'08'E 100.00' LINE TABLE NO. BEARING DISTANCE L1 N7272'54'E 3.50' L2 S7272'54 "W 3.50' L3 N7272'54'E 3.50' L4 S7272'54"W 3.50' L5 N1147'06"W 7.80' L6 N1805'52"W 4.33' L7 S18'05'52"E 4.33' PARCEL 1 CANOPY STRUCTURE NO. 1 ABOVE GRADE ENCROACHMENT 1 POGO SIB` 21 IE'L' 4 f0 ACHE ILO 13 SEC ��5 G EM DE LA aQCDOH PARCEL 3 CANOPY STRUCTURE N0. 3 ABOVE GRADE ENCROACHMENT 3 th S1747'067 15.49' TPOB PCL 1 //1- 7 J S1747'06'E 125.80' 1PG19 PCL 2 PARCEL 2 CANOPY STRUCTURE NO. 2 ABOVE GRADE ENCROACHMENT 2 57154'08'W 100.00' 75.89' l IPCi9 Pa 3 Ll L2 L3 40' S1747'06'E 7..80' L4 N7154'08'E 75.89' i 40' 4TH STREET N7154'09"E LEGEND ENCROACHMENT AREA ❑ LEAD AND DISC PER ROS 22919 P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING NO1E' BOUNDARY DATA SHOWN HEREON PER ROS 22919 -12- 0 �/ 20 SCALE: 1" = 20' HIGHLAND AVENUE JN:• 17-175 10-17-19 AMPO ENGINEERING. INC. 17/ SAXAVY ROAD, SUITE 21,E fVCIWTA. G 92024 1Q..• (760) 436-0660 FAX• (760) 436-0659 SAMPD ENGINEERING, INC. EMRA Closure Calculations: 322 HIGHLAND AVENUE APN:556-127-05 ENCROACHMENT 1 Closure Summary Precision, 1 part in: 137180000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 227.92 Sq. Ft. Square area: 225.97 Perimeter: 137.18' Point of Beginning Easting: 16701.0040' Northing: 9099.9226' Side 1: Line Direction: N72°12'54"E Angle: [-107°47'06"] Deflection angle: [72°12'54"] Distance: 3.50' Easting: 16704.3081' Northing: 9100.9825' Side 2: Line Direction: S 17°47'06"E Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 65.12' Easting: 16724.1988' Northing: 9038.9746' Side 3: Line Direction: S72°12'54"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 3.50' Easting: 16720.8946' Northing: 9037.9147' Side 4: Line Direction: N17°47'06"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 65.12' Easting: 16701.0040' Northing: 9099.9226' 171 Saxony Rd #213 • Encinitas, CA 92024 ♦ P 760.436.0660 • F: 760.436.0659 • info@sampoengineering.com Page 11 -13- SAMPD \,ENGINEERING. INC. ENCROACHMENT 2 Closure Summary Precision, 1 part in: 22540000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 27.07 Sq. Ft. Square area: 27.07 Perimeter: 22.54' Point of Beginning Easting: 16876.4484' Northing: 9301.4279' Side 1: Line Direction: N72°12'54"E Angle: [-107°47'06"] Deflection angle: [72°12'54"] Distance: 3.50' Easting: 16879.7525' Northing: 9302.4878' Side 2: Line Direction: S 17°47'06"E Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 7.80' Easting: 16882.1350' Northing: 9295.0606' Side 3: Line Direction: S72°12'54"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 3.50' Easting: 16878.8308' Northing: 9294.0007' Side 4: Line Direction: N17°47'06"W Angle: [-90°00'00"] Deflection angle: [90°00'00"] Distance: 7.80' Easting: 16876.4484' Northing: 9301.4279' 171 Saxony Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 ♦ F: 760.436.0659 ♦ info@sampoengineeriing.com Page 12 -14- )SAMPD ENGINEERING, INC. ENCROACHMENT 3 Closure Summary Precision, 1 part in: 160440000.00' Error distance: 0.00' Error direction: NO°00'00"E Area: 328.60 Sq. Ft. Square area: 328.60 Perimeter: 160.44' Point of Beginning Easting: 16927.7013' Northing: 9142.7127' Side 1: Line Direction: S71°54'08"W Angle: [71 °54'08 "] Deflection angle: [-108°05'52"] Distance: 75.89' Easting: 16855.5658' Northing: 9119.1383' Side 2: Line Direction: S18°05'52"E Angle: [90°00'00"] Deflection angle: [-90°00'00"] Distance: 4.33' Easting: 16856.9108' Northing: 9115.0225' Side 3: Line Direction: N71 °54'08"E Angle: [90°00'00"] Deflection angle: [-90°00'00'] Distance: 75.89' Easting: 16929.0464' Northing: 9138.5969' Side 4: Line Direction: N18°05'52"W Angle: [90°00'00"] Deflection angle: [-90°00'00"] Distance: 4.33' Easting: 16927.7013' Northing: 9142.7127' 171 Saxony_Rd #213 • Encinitas, CA 92024 • P: 760.436.0660 • F: 760.436.0659 • info a sampoengineerinjcom Page 13 -15- NOV 21 2018 S2018-t1-20-J0.51.28.000000 P2018-11-I9-13,31.I7,740000 R2018-1I-19-13.31.30.000000 j1iercurYCasualtY Company Producer's Copy California 13usinessowners Policy Effective Date 01/09/2019 Renewal Declaration *** REMINDER -- THIS POLICY IS DIRECT BILL *** This declaration supersedes any previ 's declaration bearing the same number for this policy period. Coverage will lapse and no longer b In effect if payment is not received by the due date. Named Insured: KARIM MANSOUR Mailing Address KARIM MANSOUR 4646 RANCHO REPOSO DEL MAR CA 92014-4201 Client Number: 670263 Policy Number Producer Page 1 AMLI ASSOC. INS AGCY, INC 642 THIRD AVE STE B CHULA VISTA CA 91910 Policy Period Company Name Producer No, Producer Phone From , To CCP0060281 01/09/2019 - 01/09/2020 Mercury Casualty Company 3789 619-827-7600 At 12:01AM Standard Time At Your Mailing Address Shown Above. Business Description: Office Building Form of Business: INDIVIDUAL TOTAL PROPERTY PREMIUM $1,107 TOTAL LIABILITY PREMIUM OTHER PREMIUM TOTAL PREMIUM $477 $0 $1,584 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE TILE INSURANCE AS STATED IN THIS POLICY. Insurance is provided with respect to those premises described herein and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all the terms of this policy including forms and endorsements made a part hereof LOCATION OF PREMISES PREM BLDG LOCATION OCCUPANCY 1 1 322 Highland Ave - # 330 -National City CA 91950-1510 Not Applicable SECTION I PROPERTY COVERAGE LIMIT OF PREM I3LDG COVERAGE INSURALYGE VALUATION DEDUCT IBLE - PREMIUM -16- IIRMercury Casualty Company Producer's Copy California Businessowners Policy Effective Date:01/09/2019 Page 2 Policy Number: CCP0060281 Insureds Name: KARIM MANSOUR 1 1 Building $636,000 Replacement Cost 1 1 Business Personal Property $5,000 Replacement Cost Automatic Increase -Building Limit 6% and Business Personal Property 4% Business Income is provided under BP 00 03 for Actual Loss Sustained. ADDITIONAL COVERAGE(S) $2,500 S1,021 $2,500 $8 PREM BLDG COVERAGE Equipment Breakdown LIMIT OF INSURANCE DEDUCTIBLE PREMIUM TOTAL PROPERTY PREMIUM SECTION II LIABILITY COVERAGE LIMIT PREMIUM. PREM BLDG COVERAGE Bodily Injury &Property Damage Liability Combined Single Limits Personal & Advertising Injury Products & Completed Operations Medical Expenses Mercury Plus Liability Endorsement Additional Coverages: Vacant Land $78 $1,107 $1,000,000 Per Occurrence/$2;000,000 Aggregate $260 $1,000,000 Per Occurrence/$2,000,000 Aggregate $1,000,000 Per Occurrence/$2,000,000 Aggregate $5,000 Each Person/$10,000 Each Accident 1-5 acres TOTAL LIABILITY PREMIUM Schedule of Forms and Endorsements L It is hereby understood and agreed, in consideration of the premium charged, that the following endorsements are attached to and form part of the aforementioned Policy. BP0567 0106 Exclusion of Terrorism BP0524 0115 Exclusion of Certified Acts of Terrorism BP0542 0115 Exclusion of Punitive Damages Related to a Certified Act of Terrorism BP0412 04 t 7 Limitation of Cov to Designated .Premises, Project or Operation BP0003 0713 Businessowners Coverage Form BP0417 0110 Employment - Related Practices Exclusion BP0439 0702 Abuse or Molestation Exclusion BP0453 0713 Water Back -Up and Sump Overflow BP0493 0106 Total Pollution Exclusion with Hostile Fire Exception BPO501 0702 Calculation of Premium BP051.7 0106 Exc - Silica or Silica -Related Dust BP05770106 Fungi or Bacteria Exclusion MCY BP0646 0713 California - Ordinance or Law Coverage BP1504 0514 Exclusion Access or Disclosure of Confidential Info Limited 81 BPINO1 0713 Businessowners Coverage Form Index ILN 018 0903 California Fraud Statement $125 $92 $477 -17- ARMercury Casualty Company Producer's Copy California Businessowners Policy Effective Date:01/09/2019 Page 3 Policy Number. CCP0060281 Insureds Name: KARI.M MANSOUR MCC EB BOP 0710 Mercury Casualty Company Equipment Breakdown Coverage MC BOP 32 0817 Businessowners Amendatory Endorsement MC BOP 33 0817 Businessowners Amendatory Plus Endorsement MC BOP 50 0817 Two or More Policies Issued by Us MC BOP Liability Plus 0512 Mercury Plus Liability Endorsement Refer to Mercury Plus Liability Endorsement for Coverage Limits Automatically Included PREM BLDG 1 1 BP0155 0517 California Changes Vacant Land: 340 Highland Ave. National City CA .06 Acres FULL POLICY TERM PREMIUM $1,584 CREDITS: A 15% liability credit may be available if you are named as an additional insured on all of your tenants insurance policies. Please contact your agent if this applies to you. Prem: 1. Bldg: 1 Age Credit, Deductible Credit, Management Credit Checks or drafts are accepted in payment only if they are honored when first presented. in Consideration of the Provisions and Stipulations Herein or Added Hereto and of the Premium Above Specified (or specified in endorsement attached hereto), this Company, for the term from inception date shown above (At 12:01 A.M. Standard Time)to expiration date shown above (At 12:01 A.M. Standard Time) at location of property involved, to an amount not exceeding the limit of liability specified, does insure the insured named in the Declarations above and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of Iike kind and quafity within a reasonable time after such loss. without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair; and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all LOSS BY FIRE, LIGHTNING AND OTHER PERILS INSURED AGAINST IN THIS POLICY IN- CLUDING REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED to the property described herein while located or contained as described in this policy. or pro rata for five days at each proper place to which any of the property shalt necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere. Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy, to- gether with such other provisions. stipulations and agreements as may be added hereto, as provided by this policy. M-t (6/83) -18- RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN AN AERIAL ENCROACHMENT PERMIT AND AGREEMENT WITH KARIM MANSOUR, PROPERTY OWNER TO INSTALL THREE CANOPIES TO OVERHANG THE PUBLIC RIGHT OF WAY AT 322 THROUGH 330 HIGHLAND AVENUE WHEREAS, Karim Mansour, owner of the properties located at 322 through 330 Highland Avenue, has an approved grading plan for a proposed new mixed -use building; and WHEREAS, the building design will incorporate three canopies that will encroach over the public right of way, requiring Mr. Mansour to obtain an aerial encroachment easement for each of the three canopies; and WHEREAS, Mr. Mansour is requesting that the Mayor execute the a Aerial Encroachment Permit and Agreement so he can move forward with his project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to sign an Aerial Encroachment Permit and Agreement with Karim Mansour, property owner to install three canopies to overhang the public right of way at 322 through 330 Highland Avenue. PASSED and ADOPTED this 19th day of November, 2019. Alejandra Sotelo-Solis, 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 KARIM MANSOUR Aerial Encroachment Permit and Agreement 322 through 330 Highland Avenue Karim Mansour retained a copy of the recorded Agreement.