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Home My WebLink AboutEncroachment Permit and Agreement - 129 NCB LLC - 2023FEE: $690.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, I 2N C6 /L C. (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 Mllamg, 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: 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 days after notice ofremoval or relocation from the CITY, CITY may cause such removal or relocation to be done at WNR.'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. . 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 tens OWNER hereby specifically acknowledges es and agrees to. • ne:r also acknowledges that those terms and conditions include. without limitation., the following: a. The 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. TheITY can require the removal, relocation, or undergroundmg of the encroachment when deemed necessary and feasible by and in the sole discretion of Ole 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: IT-o ATIONAL CITY Morrison, Mayor PER'IITTEE: 29 tAic�� Entity/Company 7,7 i f�f #' ' - §ignature 1/1 t'`` 1ck Name & Title ATTACH NOTARY Y TIFI+ ATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE E ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE 'APP LI A T INFORMATION: v-.)A v c7' Person in Responsible C'liarge. (%Q\Ci— `iLci,z 24/7 Phone Number 12n cQ C.)1 �� Fire Name Mailing Address: J?.;cb3 /vui TPi (---4,,-011 c crni PLAT SHOWING LOCATION ATI OF STRUCTURES. EASEMENT. OR RIGHT-OF-WAY, AND SEWER AND/OR O. DRAINAGE FACILITIES: SEE EXHIBIT -B A T IA HE I Encroachment Permit and Agreement (Commercial)) ESCROW OW NO.. 03 -0 -T TITLE ORDER O..2328642-37 ACKNOWLEDGMENT A notary public or otherofficer 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 Cont of ( �- On (Y\V'Ck 9,c260 before me, i*--FcS irr'eS A Notary Public personally appeared 72_tjCm areimC-C_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizec capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C. TO RES Notary Public - California Sari Diego County z — Commission # 2320287 My Comm. Expires Feb 23, 2024 (Seal) EXHIBIT "A" ENCROACHIvi ENT DESCRIPTION TEMPORARY PRIVATE ENCROACHMENT THE ENCROACHMENT INCLUDES A TEMPORARY CONSTRUCTION FENCE AND TEMPORARY STORY METAL SCAFFOLDING. SITE ADDRESS 129 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 APN 5 5 6-011- 5-00 OWNER 19NCB, LLC 1303 YN EZ RL CORONADO, CA 92118 An area 5.00 feet West of the Northerly 62.50 feet. of Lots I and 2 of Walsh's Subdivision of a portion of the South half of the West half of the West half of 10-acre Lot 2 in the quarter section 155 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 1279, filed in the Office of the County Recorder of San Diego County on August 10, 1910. Excepting the South 5.00 feet and the North 16.50 feet thereof. Legal description prepared by: Kappa Surveying, Inc. Alien R. A. Turner I I, PLS Registration expires December 31, 2024 s-9—zoz3 Date EXHIBIT B SITE ADDRESS 129 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 APN 556-011- 5-00 129 NCB, LLC 1303 E PL CORONADO, CA 92118 R IF LEGAL _PESORIPTIQN, TI=INORTHERY- --1-,I E ET-OF-LOTS-1 AND 2 OF WALSH'S SUBDIVISION OF A PORTION OF THE SOUTH HALF OF THE WEST HALF OF THE WEST HALF OF 10- ACRE LOT 2 IN QUARTER SECTION 155 F RANCHO DE LA NATION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREFOF N. 1279, FILED IN THE OFFICE COUNTY RECORDED OF SAN DIEGO COUNTY OF ,HUGEST `I 0,1910. EXPRESSLY EXEPTING FROM SAID LOT 1 ANY PORTION OF NATIONAL AVENUE ADJOINING SAID LOT 1. LEGND TEMPORARY METAL SCAFFOLDING PROPERTY LINE TEMPORARY CONSTRUCTION FENCE NATIONAL CITY i i EXHIBIT B VICINITY MAP (NTS) 0 4 '-0„ PL TO CL 1 f- u CURB TO PL TEMPORARY CONSTRUCTION FENCE TO ENCLOSE TEMPORARY SCAFFOLDING PROPOSED 3 STORY TEMPORARY METAL SCAFFOLDING EX, CURB EX. TREE E, STREET SIGN EX. PEDESTAL PROTECT IN PLACE 6-11 1/4" )1 OUTLINE OF FLOOR & ROOF ABOVE 3 STORY}. PROPOSED 'BUILDING