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HomeMy WebLinkAboutCC RESO 14,472r-- RESOLUTION NO. 14,472 RESOLUTION APPROVING AN ENCROACHMENT REMOVAL AGREEMENT FOR A PARKING LOT IN THE PUBLIC RIGHT-OF-WAY OF PARADISE CREEK S. OF PLAZA BLVD. AND E. OF GROVE STREET (Grove Plaza, Ltd.) WHEREAS, on November 13, 1984, 1984, 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 the other 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 direct the City Clerk to record the same. PASSED and ADOPTED this 13th day of November, 1984. ATTEST: CITY CLERK ENCROACHMENT REMOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of See attached Exhibit "B" in the City of National City, County of San Diego, State of California, in con- sideration of the grant of permission by the City of National City to maintain a parking lot within a City Easement or rights -of -way described in Exhibit "A" for the use and benefit of owners property and adjacent lands, covenants and agrees with the City of National City as follows: (1) The said parking lot shall be maintained in a safe and sanitary condi- tion at the sole cost, risk and responsibility of OWNER and successor in inter- est, who shall hold the City harmless with respect thereto. (2) This agreement 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. (3) OWNERS may, at their option and subject to approval by the City Engi- neer, reconstruct the existing sewer and/or drainage facilities to a new ele- vation and location. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF - WAY AND SEWER AND/OR DRAINAGE FACILITIES: Page 1 of 2 Dated /0///S'`` Ro✓f • G.? ner STATE OF CALIFORN } SS. COUNTY //011F On VC ' //, //p Gff before me, the undersigned a \Pry Public in and it id Jate,-personally appeared to be tX"Ze1 of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS m • han and of icial seal. Signa t '' i JEFFREY E. LUBIN 835 - 5TH AVE. SAN DIEGO, CA 92101 known to me OFFICIAL SEAL, USA WEINTRAUB NOTARY PUBLIC- CALFOR MA 8AN 0 E00 COUNTY ,nn• riov %6 -I- 827 18-2807/1222 PAY TO THE ..�. f�.. , - -- .•: .-�._ ._.._..I ORDER OF_. � r Sl�L � 0/660 ij,D ECOJ l)rta- 0 - _DOLLARS MITSUI MANUFACTURERS BANK 135 EAST NINTH ST. LOS ANGELES. CALIFORNIA 90015 MEMO 62 ' - E / I/1 L22226076':0827tn011tt PHONE (714) 465-0360 10193 SIERRA MADRE SPRING VALLEY CA t77 PAY TO THE ORDER OF ,� - • ` �� '�` /ate i l _-. I�L9i 4t 11 70ti ti, EXHIBIT "A" That portion of land of the Paradise Creek Drainage Channel in the City of National City, County of San Diego, State of California according to Record of Survey nag, No. 9406 recorded in the Records Office of said county on 14, July 1983, described as follows: Beginning at the north east corner of said record of survey; thence south 52° 58' 07" wesS 351.37 feet; thence south 45 32' 44" we8t 29.10 feet; thence north 44 31' 30" w8st 10.10 feet; thence north 45 32' 44" east 29.10 feet; thence north 52 58' 07" east to an intersection with the north prolongation of the east line of said record of survey; thence south 17° 39' 10" east along said prolongation to the point of beginning. BEVERLY HILLS SAVINGS Exhibit "8 ATTACHMENT 1 - BEVERLY HILLS SAVINGS AND LOAN ASSOCIATION PARCEL 1: Description of Property The No rt1hwesterly Quarter of the Southwesterly Quarter of the Northeasterly Quarter of the Easterly Half of 80 Acre Lot 2, in Quarter Section 129 of the Rancho de.la Nacion, in the City of National City, County of San Diego, State of ' : ' California, according to Map thereof No. 166 by Morrill.* filed in the Office of the County Recorder of San Diego County May 11, 1869. EXCEPTING theerefrom the Northerly 30.00 feet. PARCEL 2: The Southwesterly Quarter of the Southwesterly Quarter of the Northeasterly Quarter of the Easterly Half of 80 Acre Lot 2, in Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 by Morrill, filed in the Office of the County Recorder of San Diego County,,May 11, 1869. EXCEPTING therefrom the Southerly:30.00 feet. ALSO EXCEPTING therefrom that portion lying Southwesterly of a 40.00 foot radius curve concave'Northeasterly, said curve being tangent with the Westerly line of said Southwesterly Quarter and tangent with a line parallel with and 30.00 feet Northerly of the Southerly line of said Southwesterly Quarter. PARCEL 3: +•; The Northeasterly Quarter of the Southwesterly Quarter of the Northeasterly Quarter of the Easterly Half of 80 Acre Lot 7. in Quarter Section 129 of the Rancho de la Nacion, in the City'of National City, County of San Diego, State of California, according to Map thereof No. 166 by Morrill, filed in the Office of the County Recorder of San Diego County May 11, 1869. EXCEPTING therefrom the Northerly 30.00 feet.. PARCEL 4: The Southeasterly Quarter of the Southwesterly Quarter of. the Northeasterly Quarter of the Easterly Half of 80 Acre Lot 2, in Quarter .Section 129 of the Rancho de. la Nacion., the City of National City, County: of SanDiego, State of California. according to Map thereof No; '166 by Morrill.:'. filed in the Office of the,County,Recorder of San Diego - County May 11, 1869. in: • EXCEPTING therefrom the Southerly 30.00 feet. Exhibit "B" BEVERLY HILLS SAVINGS PARCEL 5: The Northerly 30.00 feet of the Southwesterly Quarter of,thet Northeasterly Quarter together with•that portion of_the Northwesterly Quarter of said Northeasterly Quarter of the' East Half of 80 Acre Lot 2, Quarter Section 129, Rancho de la Nacion, according to Map thereof No. 166 by Morrill, filed in the Office of the County!Recorder of San Diego County May 11, 1869, lying Southerly and Easterly of the following described line: ..i • Beginning at the Southwest corner:of.said Northwest Quarter of the Northeast Quarter; thence Northeasterly in a straight line to the point of intersection with the Easterly line of said Northwest Quarter of the Northeast Quarter of a line parallel with and 50.00 feet Southeasterly, measured at right angles, of the Southeasterly line of Plaza Boulevard as dedicated by Resolution No. 9463 of the City Council of the City of National City. PARCEL 5A: The 'Tight of ingress and egress and vehicular parking over that parcel of land in the Northwesterly Quarter of the Northeasterly Quarter of the Easterly Half of 80 Acre Lot 2, in Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of 'San Diego, State of California, according to Map thereof No. 166 by Morrill, filed in the Office of the County Recorder of San Diego County May 11, 1869, adjacent to and 50.00 feet in width Southeasterly, measured at right angles, of the Southeasterly line of Plaza Boulevard, as dedicated by Resolution No. 9463 of the City Council of the City of National City. PARCEL 6: A portion of 80 Ac.re Lot 2, Quarter Section 129, Rancho de la Nacion, according to the Map thereof No. 166 by Morrill, filed.in the Office of the the. of San Diego County. May II,' 1869 described'aslfollows: Beginning at the Northeasterly co• rner of the Southeasterly Quarter of the Northwesterly Quarter of the Easterly Half of said 80 Acre Lot 2; thence Southeasterly along the Easterly line of said Southwesterly Quarter, 112.19 feet to a point of tangency with a 200 foot radius curve concave Westerly; thence Northerly along the arc of:said curve through a central angle of 26'47'22":a distance of.93.51 feet to a point Of tangency;thence Northerly along a'tangent line 10 feet; thence at right'angles Northeasterly along a line 29.09 feet to the point of;beginnirig. Exhibit "B" BEVERLY HILLS SAVINGS 0 PAR 'SE DR. . 3 70 t.o • N/rts,f a 493 Hoy or PLls • ,1 • • • • —12D OPE WING co 1 po *PH IP se I di 7 °p (491 "-•1:11 QSEC 129 Iltt s • ^v ;p1O: • ♦ OP.• • 8 80 C. LOT 2 0 •1/..w 27114 11711.0Ss *!i's•a..�....i� 72c it23 ,• • .1'r1i� Melissa N •, ,,e a;,.o • 130 •: •, , •I • OP • •• • • • 1r `iftft,• I•Il1 o • OO� (.0 •• °)131H ST ; ST. dv..' 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