HomeMy WebLinkAboutCC RESO 14,065RESOLUTION NO. 14,065
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE CITY ENGINEER TO EXECUTE
AN ENCROACHMENT REMOVAL AGREEMENT WITH
PLAZA BOULEVARD ASSOCIATES
(Mc Donald's Restaurants)
WHEREAS, Resolution No. 14,007 adopted March 15,
1983, approved Planned Development Permit No. PD-1-82 to
construct a McDonald's Restaurant on property located within
the 1300 block of Grove Street, west side; and
WHEREAS, Developer's plan calls for undergrounding
of Paradise Creek by means of a double 12.5' X 5.5 reinforced
concrete box, and using a strip of City -owned land
approximately 100' X 36' and above the culverts for a
proposed parking lot; and
WHEREAS, as a condition of approval of the Planned
Development Permit, an Encroachment Removal Agreement is
required by the City Council,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of National City, California, that the City
Engineer be and is hereby authorized and directed to execute
an Encroachment Removal Agreement with Plaza Boulevard
Associates and directs the City Clerk to record the same.
PASSED AND ADOPTED this 14th day of June, 1983.
ATTEST:
ENCROACHMENT REMOVAL AGREEMENT
In accordance with the action by the City Council, the under-
signed, the owner of all that portion of the northwesterly
one quarter of the easterly one half of 80 acres Lot 2 in quarter
section 129 of Rancho De La Nacion, in the City of National City,
County of San Diego, State of California, according to map therof
number 166 filed in the office of the County Recorder of said
San Diego County, May 11, 1869, described as follows:
Commencing at the southwesterly corner of said northwesterly
one quarter of the easterly one half of 80 acres Lot 2 in quarter
section 129; thence N71°58'40"E, along the southerly line of said
northwesterly one quarter, 330.01 feet; thence N13°20'01"W, 58.51
feet; thence N45°31'37"W, 268.74 feet to the true point of be-
ginning.
In the City of National City, County of San Diego, State of
California, in consideration of the grant ofpermission by the
City of National City to construct and maintain structures con-
sisting of A.C. pavement, PCC curbs and drainage facilities
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) Upon notification in writing by the City Engineer, the
above described structures shall be abandoned, removed
and/or relocated by the OWNER.
(2) The said structures shall be maintained in a safe and
sanitary condition at the sole cost, risk and responsi-
bility of OWNER'S and successor in interest, who shall
hold the City harmless with respect thereto.
(3) This assignment is made for the direct benefit of OWNER
land above described and the covenants herein contained
shall run with said land and shall be binding on the
assigns and successors of the OWNER. Should OWNER or
his successors fail to remove or relocate the 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.
Dated 1�,; /Gf1,3 Dated
0
( ignature)
7
Owner
(Signature) City Engineer
STATE OF CALIFORNIA
Coun y of San Diego
On( i 19 J3 , before me, the undersi ned,ra,Notary Public
ana or said State, personally appeared ,yam&, ,j "py known to me
o be the person whose name subscribed to the within
instrument, and acknowledged to me that/yF executed the same.
Witness My Hand and Official Seal
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OFFICIAL SEAL
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:;. My Comisision Expi.es June 6, 1984
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