HomeMy WebLinkAboutCC RESO 15,904RESOLUTION NO. 15,904
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING AND AUTHORIZING THE
RECORDATION OF AN ENCROACHMENT REMOVAL
AGREEMENT FOR 2207-2212 EUCLID AVENUE
(GRETLER)
WHEREAS the applicant is seeking an encroachment permit
for the existing retaining wall which is located within the public
right-of-way of 22nd Street at 2207-2212 Euclid Avenue; and
WHEREAS the distance between the face of the curb to the
existing public right-of-way line is ten (10) feet; and
WHEREAS the existing retaining wall is approximately
three (3) feet behind the back of the sidewalk or one and one-
half (1-1/2) feet within the right-of-way; and
WHEREAS the applicant has furnished the required
insurance and has signed the Encroachment Removal Agreement, a copy
of which is attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the CITY OF NATIONAL CITY does hereby approve and authorize the
recordation of an Encroachment Removal Agreement for 2207-
2212 Euclid Avenue.
PASSED AND ADOPTED this 14th.day of March, 1989.
GEORGE H WATERS, Mayor
ATTEST:
LORD ANNE PEOPLES, City Clerk
APPROVED AS TO FORM:
LINDKAYE HART R,
Assistant City Attorney
ENCROACHMENT REMOVAL AGREEMENT
! :-c 1983
In accordance with the action by the City Council, the undersigned, the owner
of: g AD 7 Z 49, 0 A_) t. t c /,a 4'/
PARCEL B IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, IccATE
CALIFORNIA, AS SHOWN ON PARCEL MAP RECORDED IN BOOK OF PARCED MAPS AT PAGE
947 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY.
In the City of National City, County of San Diego, State of California, in
consideration of the grant of permission by the City of National City to maintain a
building or other structure within a City Easement or rights -of -way for the use and
benefit of owner's property and adjacent lands, covenants and agrees with the City of
National City as follows:
(1) Upon notification in writing by the City Engineer, the above described building or
structure shall be abandoned, removed or relocated by the OWNER.
(2) The said building or structure shall be maintained in a safe and sanitary condition
at the sole cost, risk and responsibility of OWNER and successor in interest, who
shall hold the City harmless with respect thereto.
(3) This assignment Is made for the direct benefit of OWNER'S land above described
and the covenants herein contained shall run with said land and shall be binding
on the assigns and successors of OWNER. Should OWNER or his successors fail
to remove or relocate the building or structure herein permitted within thirty'
(30) days after notice of removal or relocation, City may cause such removal or
relocation to be done and the cost thereof shall lien upon said land.
(4) OWNERS may, at their option and subject to approval by the City Engineer,
reconstruct the existing sewer and/or drainage facilities to a new elevation and
location, in lieu of abandoning, removing or relocating subject building or other
structure.
(5) At all times during which OWNER maintains the encroachment in the public
easement or right-of-way, OWNER shall maintain in full force and effect a policy
of public Lability insurance covering any and all claims for injuries to persons or
damage to property arising from said encroachment, with combined single limits
of Three Hundred Thousand and No/100ths Dollars ($300,000.00) per occurrence
for bodily injury, sickness and disease, including death resulting therefrom, and
Three Hundred Thousand and No/100ths Dollars ($300,000.000 for claims for
property damage. The City of National City shall be an additional insured
under said Policy of insurance. .
(6) The policy of insurance so obtained shall contain a contractual liability
endorsement covering the liability assumed by this' Agreement, and shall contain a
provision that such policy may not be cancelled nor the amount of coverage
reduced except after thirty (30) days' written notice to the City of National
City. Certificates evidencing such insurance coverage shall be filed with the
City.
PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS
OR RIGHTS -OF -WAY AND SEWER AND/OR DRAINAGE FACILITIES:
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OFFICIAL SEAL
SHARON M HAYNE
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
MY COMM. EXP. MAY 17, 1991
Assessors Office No.
(FOR RECORDERS USE ONLY)
Dated December 20, 1988
STATE OF CALIFORNIA
County of San Diego
On Derprriher 2(1
19 RR , before me, the undersigned, a Notary Public in
and for.said State, personally appeared
to me to be the person whose name ;c subscribed
WILT TAM f;RFTLFR
to the within instrument, and acknowledged to me that
executed same.
Witness My Hand and Officials Seal
WILLIAM GRETLER
NATIONAL CITY ACCOUNT
P. O. BOX 1872
SPRING VALLEY, CA 92077
PAY TO THE
ORDER OF
1FIC PACIFIC COMMERCE BANK PLAZA
OMMERCE • (619) 422-22651196 Third Avenue
Chula Vista, California 92011
MEMO
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