HomeMy WebLinkAboutCC RESO 15,147RESOLUTION NO. 15,147
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AN ENCROACHMENT REMOVAL AGREEMENT AT 3131 HOOVER AVENUE
(BAKER HARDWOOD)
WHEREAS, on December 2, 1986, 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
accepts that certain document entitled "Encroachment Removal Agreement" and
directs the City Clerk to record the same.
PASSED and ADOPTED this 2nd day of December, 1986.
Georges. Waters, Mayor
ATTEST:
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Io'e Campbell, City lerk�
APPROVED AS TO FORM:
George H. iser, III - City Attorney
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ENCROACHMENT REMOVAL AGREEMENT
of:
In accordance with the action by the City Council, the undersigned, the owner
6?la140.4 6f' ✓ul OD)
Parcel 2 of Parcel Map No. 6680 filed in the office of the Recorder
of San Diego County on February 7, 1978.
Book 562 Page 220 Parcel 27
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 aerees 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) Me said building or -structure and its contents 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.
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.
(3)
(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 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 Policyof 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:
Dated // 17_7
f
(Signature)
Owner
STATE OF CALIFORNIA
County of San Diego
On te r ,7 19 4[ , before me, the undersigned, a
and for.said State, personally appeared
known to me to be the person whose name a=
Notary Public in
subscribed
to the within instrument, and acknowledged to me that
executed same.
Witness my Hand and Official Seal
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Assessors Office No.
(FOR RECORDERS USE ONLY)
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