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Home My WebLink About2022 CON Encroachment Agreement Highland Pacifica - 2428 Highland Ave.L=1- _ =-7 =- tffsitICOA rKGRIMMENT • • • • • The City Of [atioRal City hereby grants an Encroachment Pit to the undersigned, /kci4 Pitar4;ivi Whereinafirr refizzoi to as "OWNER"), ER"), in accordance with and pursues 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' f-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 pennission by the City ofNational City (hereinafter reef red to as "al 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 ase ent, 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 ent is described in Exhibit ` ", 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 ail times at the sole cost, risk, and responsibility of MGR and any successor in interest, who shall bold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of '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, art may cause such removal or relocation to be done at OWNER's sole cost and expense, which shalt be a lien upon said land. A copy of this Encroachment Agreement shall be recorded againstany real property of die owner's that is hereby benefited by the encroachment Upon request by CITY, PERMITrEE 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 E shall indemnify, defend, and hold harmless CITY and its officers, agents,and employes 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 rig toff fir for the installation, maintenance, and use of the owner's encroachment 5. OVER and each successor in interest or assign shall take out and maintain, during the time tho encroachment remains on MY's easement or right-of-way, commercial general liability insurance with minimum limits of One Ilion Doers ($1,000,000.00) combined single limit per occurrence, coves all bodily and property y damage arising out of this Encroachment Agreement This, polite shall name CITY and its officers, azepts, and emplpyces as additional and con tit to to -efirY ind iticam, agues, and t oy tit any other policies held by CITY shall not contribute to any loss under said insuranee. Said policy shall • provide for thirty ) ri r written notice to CITY of c(anceilation or material changePrior to commencement of this Encroachment Agreement, OWNER shall furnish CM( a eeriificate 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 act forth in Chapter 13.12 ofthe National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, yidtkqut Piltation, the Bowing: 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 encroachmentwhen 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 main an encroachment until it is accepted by the owner. PRMITTE: tii Entity. + mpany Signature Name & Title ATTACH NOTARY CER M ATI' FOR 'lam NAME OF PERMITTEE SHOWN ABOVE. USE ALIFO iIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY, P . E APP INFORMATION: neY, Ahrra chtt,r) Person in Responsible Charge t 56 5'8 3 (0 do Gz, zan Phone Number )4. k (,) Aoki. Lk, Firm Name I. Mailing Address: �Z�bel Mo-►' Nef2i�5 174 PLAT SHOWING LOCATION OF ST MIXTURES, EASEMENT, OR RIGHT-OF-WAY, AM30 SEWER AND/OR DRAINAGE A IT : SEE EXEIEBIT "B", ATTACHED 2 Encroachment Permit and Agreement (Commercial)) l I I 1 • • • • ■ • 11* LIFoRNIA ALL•PURPoSig ACKNOWLEDGMENT • IL CODE § 1189 y} • w /Tti .r t + ::Ii .`N •/ 1•Y' • Ji +/;� � � r' �rrti 4l!/ I1' f r * A �z � /,• ,w,•f •rM �* ! .. ♦ �.� w l�:ti‹+, *.t, #.-3* ' ti `' ! tis � �Af �.r�ti.r'��.�.`t{.i��..ieti.*<'..:�#.�rh.��.C� .t �i�'.�*�..+�AC .:.. �rt.�. +S.��y 'fir +�.../r�ti�..{.ii�_.rl +.�. z� r�•',��.. ri+.ti.rativr.,�i�� .�. `.�. + .r��.:�.. A nay public oer other doer completing the certificate verifies or y the Fdentfty of the individual who s fined the . document to whIch this cercate is atiached, and not the truthfulness, accuracy, or sty o1 thtit document. State of Ca�kf ]a County ofJll-ite) 1 • on Date personally appeared ▪ -- - - ---. l before me, Here insert Name end 71hl of the e_1( Alni01) 01%/irli Name(s) afslgner(sj • -. • • • 3 who proved to e on the basis of evidence to be The person(s) whose name(s) are ; subsorlbed to the with Instrument and admviedged to me that heished)hey eaecutki the same In his/her/theirauthorized capacity ), and that by his/herltheirMatures on the instrument the mans , or the entity upon behalf of which the perms) wed, executed the Instrument. I certify under PENALTY OF PERJURY under the taws of the.State the foregoing paragraph Is irue and DENNISBUM Notary Public - California San Diego County Commission 2271018 a *' My Comm, Expires Jan 11, 2023 r Though this section is optional, completing this I o:matlo cat; deter alteration of the dppurnent or fraudulent reattachment of this FORT: to an unintended document Place Notaty Seal Above - w Sign 041. !al seal. re off Pblk • • • '.OPTIONAL Description of Attached Document `ue or Type of o --gyfpL) Document Date: 72- 4?-14 49 Le: - ' Number of Pages: . �.. Signer(s) Other Than Named Above: ap ity(les) Cliimed by Signer(s) ▪ Signer's Name: 0 Corporate (Meer --- ems): _ .�' 0 Partner — I Limited 0 (end • 0 Individual 0 Attorney In Fact ■ . 0 Trustee Gran or Consentator 0 Other:, �-- - Signer Is fled Imma ■ • �.-�� «.w a. - + r r r •+t•.+ram r .. y.'� r�r�, •rr , - r fr, fT• 2; -. Fl ;-,Z.X. ifiJ'•'t#J ..lr • *� `tee •f f� �f 4T� af• r J +4�"�!f .Fr.*+.v• �# -{-•{ � _:+*:�.�'l � r : Lrf�J,{�f lr + f .*vier... .�; , �* x•.kt �� ;.*�:�yti•� �=�*�'r*�'r'�2�� #tiJ�''ti� ti..�*=�'� zw� kd}ati:�.1;.•.�: •` � �. _ .� .t-r —.� �-r�:� r' .r 8 finer' Name: 0 Corporate Officer --1 (s): - 0 Partner —{ 0 Limited 0 Gent 0 Individual 0 Attorney In k 0 Trustee IJ Guardian or Conservator El der: Signer Is Representing: 032014 National New Assoclation www. [off vim. * 1-B0G S NOTARY 1 7) Item 059 i •• If ■ ■ • • • ■ • • • • • • • • ■ t ■ EXHIBIT "A" LEGAL DESCRIPTION OF PRIVATE ENCROACHMENT OWNER: AHMADIAN INVESTMENT GROUP, LLC. ALEX AHMADIAN 3525 DEL MAR HEIGHTS ROAD #274 SAN DIEGO, CA 92130 SITE ADDRESS: 2428 HIGHLAND AVENUE NATIONAL CITY, CA 91950 APN: 562-072-03-00 ENCROACHMENT LEGAL DESCRIPTION: A 1.00 FEET WIDE STRIP OF LAND LYING WITHIN HIGHLAND AVENUE IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED ON RECORD OF SURVEY NO. 23548 RECORDED APRIL 16, 2020 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING A POINT ON THE WESTERLY RIGHT OF WAY OF HIGHLAND AVENUE; THENCE ALONG SAID RIGHT OF WAY SOUTH 17°42'27" EAST 35.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY SOUTH 17°42'27" EAST 8,50 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE NORTH 72°17'33" EAST 1.00 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF SAID RIGHT OF WAY MEASURED AT RIGHT ANGLES; THENCE ALONG SAID PARALLEL LINE NORTH 17°42'27" WEST 8.50 FEET; THENCE SOUTH 72°17'33" WEST 1.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.0004 ACRES (8.5 SQ. FT.) IN TOTAL Legal description prepared by: Kappa Surveying & Erg jrreerin , In . 8Y -• ' date: November 18, 2021 Allen R. A. Turner III, PL5 Registration expires December 31, 2022 LEGEND EXHIBIT B • y PUBLIC -R/14v;--- WATER SERI IC E- SEWER SERVICE FIRE SERVICE F SI TE 2428 HIGHLAND AVENUE NATIONAL CITY, CA 9 ?'950 APN 562-072--03--00 BRIEF LEGAL DESCRIPTION THE NORTHERLY 50 FEET OF THE SOUTHERLY 11 D FEET OF THE EASTERLY 20 FEET OF LOT 15, AND THE NORTHERLY 50 FEET OF THE SOUTHERLY 19 0 FEET OF LOTS 6, 17, 18, 19, & 20, BLOCK 4, FLORA M. KIMBALL'S SUBDIVISION PER MAP NO. 44 1A 170NAL C, 81 ID POINT OF COMMENCEMENT ENT STRUCTURE f-C) 1 J TRUE POINT OF BEGINNING N72 irrE 1.00 SCALE: 1"=1 ' KAPPA JOB NUMBER: 348018 w F 0 VICINITY TY MAP NTS PRIVATE SDG E TRANSFORMER PAD WITHIN ROW PRIMATE IMPROVEMENT EI ENT LIMITS. SEE EXHIBIT "A" FOR DESCRIPTION I 1141:i ific j4Illikal 14:64. mih.: 41111116 • KAPPA SURVEYiNG & ENGINEERING, INC. 8402 N. MAGNIL A AVE. SUITE C, SAME. CA 9 071 0619) 449-2600 FAX: (619). 449-2602 CERTIFICATE OF LIABILITY INSURANCE [DATE 1111VDDIYM) 0813012021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS. UPON THE CERTIFICATE HOLDER. THIS * CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POIJ IES NSU NCE DOESSNOTOI O 9 D NBURER(RE -- - R RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLD IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED/ the p ticyQIas mast have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms arid eondltloae of Vie policy, certain lielee may, require an endorsement, A statement on Mid certificate does not confer ri ;Me to the certificate holder in lieu of such dorsement(s PRODUCER Prosource Insurance Serves 462.5 Acacia Ave. La Mesa Symbolic Builders 328 Del Mar Heights Rd. #274 San Diego CA 01941 CA 02130 NAME Nicholas Long utlE 81941-69-00 .. ; ; service@prosourcelaacom I1Isua (a) AFFORDING COVERAGE NO: HNC lialliZER A: We&tom World Insurance C nasu1 a: ,State Compensation Insurance Fund 1318 35076 INSURER C RNSURERD. r� IRO R E ■18UI R F ES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIEs.OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 'ME INSURED NAl IED ABOVE FOR THE PORGY PERIOD INDICATED. NOTWITHSTANDING 'ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT.WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. NE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. umffs SHOWN MY HAVE BEEN REDUCED BY PAID CLAIMS. �; 'ME D, .1 POLICY I BIDER L.._ . :1) v:Li111 W.4.4.1P"-Tjra1 1311113 IJAliMT - - NPP8692798 1 /3112020 101311 02"I wraMiED 1 i D0,OOD y ono Moon) $ 5,0 .. '1.004, 0 __ _-- tl u �/;\ .. arrJy{��yy r}a; ��±T—_irk—�.F ■■■—p��` J*�R+_� 1_ PROCLtOTB - I lPiOP In hided X POLICY �7 II LO ALJTOIiOBlLE UABhII Y - - 1,..40M8 '1ED s r U� MIT OILY R •11.1i (► For n) A i ADTO (Perl — - I - a7j'311�--- • - - III�L3 i SRO I SATION1rurrE AND EMPLOYERS' UADLJTY • H H IA - 9 02917- `0 - - r 07 11 0 22 - ��" r EL_ EACH ACCIDENT # 11000,000 { B OFFIC OPRIETO � fir.-i�l�% � EL, DIs�B• EA EM • . n= 1,0 0,000- , ( ndatary In NH) I describe under DESCRIPTION OF OPERATIONS below • E.L.. DISEASE - POLICY LIMIT i ,OOO, 90O ' DESCRIFrION Cancellation The OF OPERATIONS I LOCATIONS I VEHICLES Toll AdsdWBonal Rwroasta 8eiod Is, may be attached if main spar is twilled) 10 days non payment, 30 days el other. City of National City. its elected officials, officers, agents, empioyees, and volunteers ere named as Additional Insured. per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of National —.....e do Ris c -Manager-, - 1243 National City Blvd National City I.- - — -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES PE CANGELLED BEFORE nig EXPIRATION DATE 'THEREOF# NOTICE WILL BE DELIVERED LN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED iIZED REPRESENTATIVE CA 91950-4301 • 1 88- 015 ACORD CORPORATION, All rights reserved. ACORD 25 Mgt BLS) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NPP 278 COMMERCIAL GENERAL LIABILITY • • - . - •C ` 01e 04 l3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGAN IZATIO N This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlona1 Insured Person(a) Or rgarlzation(s): Logone Of Covered OperaUone The City of National City, its elected officials. Officers, agents, employees. and volunteers 0/0 Risk Manager 1243 National City Blvd National City, CA 919 - 301 2428 Highland Ave National City, CA91950 Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section N - Who Is An Insured Is amended to Include as an additional insured the persons or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by: 1- Your acts or omissions; or 2. The acts or omissions of those acting on your beh f; .in, the performance of your ongoing operations for the additional Insured(s) at the locations. designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If average provided to'the additional insured Is required by a contract or agroemont, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to Be Wdh respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All wort, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out• of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. for su t'additloriatInsured: i*-- _^ ._�_*��. _ ,_ _ . C43201004 13 Copyright, Insurance Services Office, Inc., 2012 Page I of 2 D; With rasped to the- Insurance afforded to these additional insureds, the following la added to Section III - Limits Of Insurance: if coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of Insurance; I. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. ._. . ..1 . ._.,. •• _ ..•Wm _a.- • _._ _ _. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CCU2010[41 a L POLICY MBERNPF 7 - - COMMERCIAL GENERAi LIABILITY' T'n.a rnri 'fit - _S- —'a t La, —. G40 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Nome Of Person Or rgantian:' The City of National Cit.y, its elected officials. Officers, agents, em to eeE, and volunteerg C O Risk Manager 1243 National City Blvd, National City, CA 91 -4 01 Information. required to complete this Schedule, If riot shown above will be shown in the Declarations. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right .of recovery we may have against the person or organization shown ,in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organIetion and included in the 'productsompleted operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 RESOLUTION NO.2022-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN ENCROACHMENT PERMIT AGREEMENT WITH AHMADIAN INVESTMENT GROUP, LLC, TO INSTALL A TRANSFORMER PAD WITHIN THE PUBLIC RIGHT-OF-WAY AS PART OF THE FUTURE DEVELOPMENT PROJECT LOCATED ON 2428 HIGHLAND AVENUE (APN 562-072-03-00) WHEREAS, Ahmadian Investment Group, LLCJ owner of the property located at 2428 Highland Avenue, proposes constructing a three (3) story residential development complex ("Project"); and WHEREAS, the Project will install a transformer pad that will encroach by one (1) foot onto the public right-of-way to accommodate a San Diego Gas & Electric (IrSDG&Efl) transformer pad; and WHEREAS, an encroachment agreement is required to allow Ahmadian Investment en Group, LLC to install the improvement in the public right of way, and upon notification :in writing by the City Engineer, the above -described encroachment must be abandoned, removed, or relocated by the owner, at the owner's expense; and WHEREAS, City staff recommends the City Council adopt the resolution authorizing the Mayor to execute the Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to install a transformer pad within public right-of-way as part of the future development project located on 2428 Highland Avenue (APN 5 2- 72- 3-00 . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Mayor to sign an Encroachment Permit Agreement with Ahmadian investment Group, LLC, to install a transformer pad within public right-of- way as part of the future development project located on 2428 Highland Avenue (APN 562-072-03-00). Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. �u Resolution No. 2022 _ 03 Page Two PASSED and ADOPTED this 18th day of January, 2022. Atejandra Sotelo-Solis, Mayor ATTESTS: Luz Molina, City APPROVED AS TO FORM: Char es E. Bell Jr.Attorney Passed and adopted by the City Council of the City of National City, California, on January 18, 2022 by the following vote, to wit: Ayes: ofal -Sobs, Bush, Morrison, Rios FRodriguez Nays: None Absent: None. Abstain: None. AUTHENTICATED BY: A,LEJAf D . SOTELO-SOLIS ►`�}, ,, t Ika BY: Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California Shelley Chapel, MM Deputy Cit� Clerk