HomeMy WebLinkAboutCC RESO 15,378RESOLUTION NO. 15,378
RESOLUTION OF THE CITY COUNCIL OF 'nib CITY OF NATIONAL CITY
APPROVING AN ENCROACHMENT REMOVAL AGREEMENT AT 726 WEST
19TH STREET AND 1842 McKINLEY AVENUE
(SPOUNIAS)
WHEREAS, on August 4, 1987, 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
recaumendation 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" and
directs the City Clerk to record the same.
PASSED and ADOPTED this 4th day of August, 1987.
orge H. Waters, Mayor
ATiiST:
APPROVED AS TO FORM:
George H. Eiser, III = City Attorney
(VI
ENCROACHMENT REMOVAL AGREEMENT
In accordance with the action by the City Council, the undersigned, the • owner of:
Properties located jointly at 726 W. 19th Street and 1842 McKinley 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 of 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) At all times during which OWNER maintains the encroachment in the public
right-of-way, OWNER shall hold the City of National City, its Officers and
Appointed Officials and employees harmless from any suits, claims, or actions
brought by any person or persons for on or account of any injuries or damages
sustained or arising In construction of the work or in consequence thereof.
(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 draiange facilities to a new elevation and
location, in lieu of abandoning, removing or relocating subject building or other
structure.
PAY
TO THE
ORD
ARCHIE J.' SPOUNIAS
3535 SIEMBZE STREET 470-8898
BONITA,'CA 92002
NATIONAL BANK
11'00204So. I:1222386E121: 0L10
2045
f 90-3868/1222
19
ATE OF CALIFORNIA
unty of San Diego
On August 7
19 87 , before me, the undersigned, a Notary Public in
and for -said State, personally appeared ARCHIE J. SPOUNIAS
known to me to be the person whose name • is subscribed
to the within instrument, and acknowledged to me that he -
executed same.
Witness Hy Hand and Official Seal
OFFICIAL SEAL
RUTH F. VOELP
-NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commssion Exp. Apri! 5, 1991
Assessors Office No.
(FOR RECORDERS USE ONLY)