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Home My WebLink AboutCC RESO 15,629RESOLUTION NO. 15,629 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN ENCROACHMENT REMOVAL AGREEMENT FROM JIM SOELLNER AND SALLY C. SOELLNER AT 3836 CHERRY BLOSSOM STREET, NATIONAL CITY WHEREAS, on June 14, 1988, the matter of an encroachment permit was presented to the City Council by the applicants Jim Soellner and Sally C. Soellner; 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 accepts that certain document entitled "Encroachment Removal Agreement" a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, and directs the City Clerk to record the same. PASSED and ADOPTED this 14th day of June, 1988. ___ _1 to , George H. Waters, Mayor ATTEST: Iop'e Campbell, City Clerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney 4• ENCROACHMENT REMOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of: 36 36 al-l.? r`r y 5/0-5 50)1.7 s �/� i iv�� Cfi>J 63/9, 9)v5o Lor'sy c(-4»/ii,41mS /'2.fli Gt jai 7- 7 m1,P do) /1.13,,,# 669'.2.2/-< 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 t;:m es during which OWNER maintains the encroachment in the public easement or right- 1f-way, OWNER shall maintain in full force and effect a policy of public liability 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: C 0 ,rj * ) EXHIBIT "A" • Dated _c_yg atui .422/ ,.e& Signatui ) STATE OF CALIPORNIA County of San Diego Owner On 41,stA {' (,I 1997 , before me, the undersigned, a Notary Public in and for.said State, personally appeared J vv,&. g ,rgf` i „ fia known to me to be the person whose name -{ subscribed to the within instrument, and acknowledged to me that executed same. Witness My Hand and Official Seal OFFICIAL -SEAL JOSEPHINE D PARADE NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires MAY 21, 1990 .16O.r.QoJ& JOSEPHINE D. PARLADE NOTARY PUBLIC Assessors Office No. (FOR RECORDERS USE ONLY) JIM SOELLNER SALLY C. SOELLNER • 3836 CHERRY'' LOSSOM ty LANE 267-9893 "i NATIONAL, CITY, CA 42G5O, pYTO THE OR ER OF �...; —Graff ( t NORTH ISLAND FEDERAL "� CREDIT UNION J8 BLDGG.. 318, NAA6NNI. �SA�N BMIEGO, CA 92135 32228L4681: 31.253011' 0697 90-8146/3222 $ 00 DOLLARS 6,358 RCDT AN) This,is to'certify that CERTIFICATE OF INSURANCE ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois D STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for SOELLNER, JAMES GEORGE & SALLY C. lore - n of operations Name of Policyholder 3836 CHERRY BLOSSOM LANE NATIONAL CITY. CA 92050 Address of Policyholder th owing coverages for the periods and limits indicated below. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD (eft./exp.) LIMITS OF LIABILITY ❑ Comprehensive General Liability ❑ Manufacturers' and Contractors' Liability ❑ Owners', Landlords' and Tenants' Liability The above insurance includes (applicable if indicated by ® ) ❑ PRODUCTS -COMPLETED OPERATIONS ❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY ❑ CONTRACTUAL LIABILITY ❑ BROAD FORM PROPERTY DAMAGE ❑ BROAD FORM COMPREHENSIVE GENERAL LIABILITY POLICY NUMBER TYPE OF INSURANCE ❑ Watercraft Liability POLICY PERIOD (eff./exp.) 77-01-0663-7 ®PERSONAL LIAB ILITY 01/27/87 t ❑FOR 300,000 L IMITS 01/27/88 3 ❑ Dual Limits tor: BODILY INJURY Each Occurrence $ Aggregate $ PROPERTY DAMAGE Each Occurrence $ Aggregate' $ ❑ Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ Aggregate $ CONTRACTUAL LIABILITY LIMITS (1f different than above) BODILY INJURY Each Occurrence $ i en , O 0 (1 PROPERTY DAMAGE Each Occurrence $ Aggregate $ • EXCESS LIABILITY ❑ UMBRELLA ❑ OTHER ❑ Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE.. Each Occurrence $ Aggregate $ Workmen's/Workers' Com- ❑pensation -Coverage A Employer's Liability -Coverage 8 Coverage A Coverage B STATUTORY $ 'Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED 1-7 CITY OF NATIONAL CITY 145111 PRIMA R o.l.,,,., re 110 A o.... alo• STAHUNSAKER, CIA TEE FARM INSURAN(„ Bus. 476.6400 3104 Plata Blvd. National City. CA NOW AUGUST 5. 1987 Da zoc Signatur- of Authorized Representative AGENT Title