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Home My WebLink AboutCC RESO 15,608RESOLUTION NO. 15,608 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN ENCROACHMENT REMOVAL AGREEMENT FROM MEYER C. WEINER CO. WHEREAS, on May 10, 1988, the matter of an encroachment permit was presented to the City Council by the applicant; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an encroachment removal agreement with the City of National City promising to comply with all requirements of the Planning and Engineering Departments of the City of National City; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby arrmpts that certain document entitled "Encroachment Removal Agreement" and directs the City Clerk to record the same. PASSED and ADOPTED this loth day of May, 1988. ATTEST: Ions Campbell, City Jerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney orge H Waters, Mayor Ath eA7 Y Y ENCROACHMENT REMOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of Exhibit "A" Attached in the City of National City, County of San Diego, State of California, in consideration of grant of permission by the City of National City to maintain storm sewer or sanitary sewer lines within a City Easement or rights -of -way for the use and benefit of owners property and adjacent lands, covenants and agrees with the City of National City as follows: 1. Said storm or sanitary sewer lines shall be maintained in working condition at the sole cost, risk and responsibility of OWNER or its successor in interest, who shall hold the City harmless with respect thereto. 2. 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 maintain the utility lines, herein permitted, within thirty (30) days after notice of need to rprair, the City may cancip such repairs to be done and the cost thereof shall lien upon said land. 3. OWNERS may, at its option and subject to approval by the City Engineer, reconstruct the existing sewer and/or drainage facilities to a new elevation and location. PLAT SHOWING LOCATION OF BUILDING OR OTTER STRUCTURES, EASEMENTS OR RIGHTS - OF -WAY AND SEWER AND/CR DRAINAGE FACILITIES: _.a. NO. NN00630 TO 21946 CA (1-83) (Partnership) STATE OF CALIFORNIA COUNTY OF Sari Diego On May 2, 1988 said State, personally appeared Curtis C CURTIS C. WIGLIAMS AUTHORIZED AGENT MEYER C. WEINER COMPANY A MICHIGAN GENERAL PARTNERSHIP c4 rl [+iW]LILTAM iTr Tom. :r1T'P ! 110 TICOR TITLE INSURANCE RS. before me, the undersigned, a Notary Public in and for Williams S ---- personally -known-te-sae-os proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as auth. agent -of-the-partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. i Signature OFFICIAL SEAL WENDY V. PERRY NOTARY PUBLIC - CALIFORNIA Principal Office in San Diego County My Commission Expires Nov. 29, 1991 V (This area for official notarial seal) ENCROACHMENT HMENP REMDVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of Exhibit "A" Attached in the City of National City, County of San Diego, State of California, in consideration of grant of permission by the City of National City to maintain storm sewer or sanitary sewer lines within a City Easement or rights -of -way for the use and benefit of owners property and adjacent lands, covenants and agrees with the City of National City as follows: 1. Said storm or sanitary sewer lines shall be maintained in working condition at the sole cost, risk and responsibility of OWNER or its successor in interest, who shall hold the City harmless with respect thereto. 2. 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 maintain the utility lines, herein permitted, within thirty (30) days after notice of need to repair, the City may cause such repairs to be done and the cost thereof shall lien upon said land. 3. OWNERS may, at its option and subject to approval by the City Engineer, reconstruct the existing sewer and/or drainage facilities to a new elevation and location. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHTS - OF -WAY AND SEWER AND/OR DRAINAGE FACILITIES: CURTIs C. WIGLIAMS AUTHORIZED AGENT MEYER C. WEINER COMPANY A MICHIGAN GENERAL PARTNERSHIP 5151 SHOREHAM PLACE; SUITE 110 SAN DIEGO, CALIFORNIA 92122 (619) 457-3200 03 0- EXHIBIT 'A' An easement over Parcel 11 of Parcel Map No. 12079, in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, April 29, 1982 described as follows: A 10.00 foot strip of land lying 5.00 feet on each side of the following described line: Catmencing at the most Easterly corner of said Parcel 11; Thence along the boundary of said Parcel 11, South 71' 05'06" West 354.99 feet, South 18' 42'55" East 330.96 feet and South 18° 40'29" East 318.30 feet to the TRUE POINT OF BEGINNING. Thence at a 45-degree angle, North 63°40'29" West 23.00 feet. The sidelines of said easement shall be lengthened or foreshortened so as to terminate at the parcel lines of said Parcel 11. 1J.VO (I>:D a_wO "_' 8 1 ',LiNci-519 I 1Sf Aa "N'L:3cI'T]1);i, AI.C.)'T..7VAT oS�i� 6 101101 1 I • TOPS 1 SITE RESUME LEASING SCHEDULE SITE ANNA I US.AOE. S1. 11011.011110 AREA 11■1.IN E V. SITS / SLOG. RATIO 11.47 TO 1 PARKING 1R0010E0 1 NE.SP. PARKING RATIO II YAWL EJ. • 1 ■ COAY]IOAL SISAL SEGOS SP. STONES 11.000. Y. COIIlIIOAL IGTY. 11400. SP. STOKES 11A711. SO. 04 Oa. MI Man r In NO. Mt P11L 11EIACE 11.ESS. *1. 1110 044 ::: 000 4.0 r 4114 SO 040 004 Mil no ON Oil *I NO 11410 .010 00 EI..Y 400 W 01140011 0110 IY - P PAO01L1/q G KIOSKS SEAIINE PLAN • LIMITS OF ENCROACHMENT REMOVAL AGREEMENT -- EXHIBIT "B" 0 c9 I d A A -CONCRETe-exit 9SEMENT FOR NO. //A-S-.8. �if� EXTEND LATERAL ANNECT TO 6' KC.R (RECOCATED ) SEWER M4IN CURVE t127 ° 32' 34" R=/SO' 1 /NE EX/ST 6" s E NE LxrTRICT LATERAL 160'± W OF AlN3 07400 PER DO 415450-0 ay jB9 w t r. k3 (y);‘