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HomeMy WebLinkAboutCC RESO 13,747RESOLUTION NO. 13,747 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT OF A RETAINING WALL ON PUBLIC RIGHT-OF-WAY (3715 Cherry Blossom Lane) (Wenzel) WHEREAS, on February 9, 1982, the matter of an encroachment permit was presented to the City Council by the applicant; and, WHEREAS, the City Council has received the re- port and recommendation of the Engineering Department; and, WHEREAS, the applicant has executed an encroach- ment 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 directs the City Clerk to record the same. PASSED AND ADOPTED this 9th day of February, 1982. YOR ATTEST: ENCROACHMENT REMOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of 3715 Cherry Blossom Lane, Lot No. 105, Map 4750, Williams Manor No. 7 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 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 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 re- locate 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) OWNER'S may, at their option and subject to approval by the City Engineer, re- construct 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. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY AND SEWER ANn/(1t% `1RATMACP FAd•1 * TTTAC • 4,- 4. is rfIL Dated January 18, 1982 (Signatu TATE OF CALIFORNIA :ounty of San Diego On 1 9 19 S')-, before me, the undersigned, a Notary Public in and`'''for said State, personally appeared known to me to be the person whose name to me that ;_ to the within instrument, and acknowledged executed same. Witness My Hand and Official Seal OFFICIAL SEAL REATRICE BUCKELEW NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires AUG 30, 1983 tom, subscribed Assessors Office No. (FOR RECORDERS USE ONLY) MAP 4750 - WILLIAMS MAP 155 - PRITCHARO