HomeMy WebLinkAboutCC RESO 13,750RESOLUTION NO. 13,750
RESOLUTION ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT OF A RETAINING WALL ON PUBLIC
RIOIi1 -OE-WAY
C1715, 1735 Sweetwater)
(Thomas/O'Brien Associates)
WHEREAS, on February 16, 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 16th day of February,
1982.
ATTEST:
CITY CLERK
ENCROACHMENT REMOVAL AGREEP.1NT
In accordance with the action by the City Council, the undersigned, the owner of
ASSESSOR'S PARCEL NUMBERS: 563-161-53, 54, 55 & 63
"SEE LEGAL DESCRIPTION ATTACHED"
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 owners
property and adjacent lands, covenants and agrees with the City of National City as
follows:
(l) 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, EASI NTS OR RIGHTS -OF -WAY AND
SEWER AND/OR DRAINAGE FACILITIES:
" (5) Encroachment Identification - See grading plan attached hereto and made a part
ereof.
ORDER NO. 31647
LEGAL DESCRIPTION
PARCEL 1:
That portion of Lot 52 of LINCOLN ACRES, in the City of National
City, County of San Diego, State of California, according to Map
thereof No. 1740, filed in the Office of the County Recorder of San
Diego County, December 6, 1922, described as follows:
Beginning at the Northeasterly corner of said Lot 52; thence
Southeasterly along the Easterly line of said Lot to an intersection
with the Northerly line of Sweetwater Road (R.S. 778-2); thence
Southwesterly along said Northerly line of the Southerly line of
Grove Street (vacated); thence Northeasterly along said Southerly
line to the Point of Beginning.
PARCEL 2:
Lots 2, 3 and 4 of LINCOLN ACRES, in the City of National City,
County of San Diego, State of California, according to the Map
thereof No. 1740, filed in the Office of the County Recorder of said
County, December 6, 1922.
EXCEPTING THEREFROM those portions of said Lots 3 and 4, granted to
the. County of_San Diego, by deed recorded December 11, 1970 as File
No. 227633 and re -recorded May 3, 1971 as File No. 90329, all of
Official Records, described as follows:
Beginning at a point on the Northerly line of said Lot 3, lying
84.89 feet Westerly of the Northeast corner thereof; thence North
67°29'46" East 173.47 feet to the beginning of a curve to the left
having a radius of 275 feet; thence Easterly along said curve to the
Easterly line of Lot 4; thence Northerly along said East line 14.77
feet to the Northeast corner of said Lot 4; thence Westerly along
the Northerly line of hereinabove referenced Lots to the Point of
Beginning.
ALSO EXCEPTING THEREFROM that portion of Lot 4 as described in said
deed to the County, which lies Southeasterly of a line described as
follows:
Beginning at .the most Southerly corner of Lot 5 of said LINCOLN
ACRES: thence Northeasterly along the Southeasterly line of said Lot
5 a distance of 44.96 feet to a point on the arc of a 19 foot radius
curve concave Northerly a radial of which bears North 32°20'57"
West; thence Southwesterly and Westerly along said curve through an
angle of 44°49'19" a distance of 14.86 feet to the beginning of a
reverse curve having a radius of 38.00 feet; thence Westerly,
Southwesterly and Southerly along said curve to the Southeasterly
line of said Lot 4.
-1-
PARCEL 3:
That portion of Grove Street vacated by Resolution No. 11,020 by the
City Council of the City of National City by deed filed in the
Office of the County Recorder of San Diego County, State of
California, on April 24, 1973 as File No. 73-108146 of Official
Records, described as follows:
Beginning at the most Southerly corner of Lot 2 of LINCOLN ACRES
SUBDIVISION, Map 1740, filed December 6, 1922 with the County of San
Diego, State of California; thence North 31°27'45" West a distance
of 20 feet to the TRUE POINT OF BEGINNING: thence North 65°42'26"
East a distance of 160.26 feet to a point of the South line of Lot 3
of said subdivision; thence Northeasterly on a curve concave to the
Northwest with a radius of 400 feet; through an angle of 15°15'18" a
distance of 106.50 feet; thence South 46°43'03" Easton a radial
line, a distance of 50 feet; thence Southwesterly on a curve concave
to the Northwest with a radius of 450 feet, through an angle of
15°15'18" a distance of 119.81 feet to a radial line bearing South
31°27'45" East; thence on a tangent bearing South 58°32'15" West a
distance of 45.42 feet; thence South 77°38'44" West a distance of
207.73 feet; thence North 57°05'32" East a distance of 82.67 feet to
the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion lying with Lots 1, 2, 3 and 4 of
said LINCOLN ACRES, according to Map thereof No. 1740.
ALSO EXCEPTING THEREFROM the Southeast Half of the land described as
follows:
Beginning at the most Southerly corner of Lot 2 in LINCOLN ACRES
SUBDIVISION, Map 1740, filed December 6, 1922, with the County of
San Diego, State of California; thence North 31°27'45" West a
distance of 20 feet; thence North 65°42'26" East a distance of
160.26 feet to a point on the South line of Lot 3 of said
subdivision; thence Northeasterly on a curve concave to the
Northwest with a radius of 400 feet, through an angle of 15°15'18" a
distance of 106.50 feet to the TRUE POINT OF BEGINNING. Said TRUE
POINT OF BEGINNING being on aradial line bearing.South 46°43'03"
East; thence South 46°43'03" East on said radial line a distance of
50.00 feet; thence Southwesterly on a curve concave to the Northwest
with a radius of 450 feet through an angle of 2°11'03", a distance
of 17.15 feet to a radial line bearing South 44°32'00" East; thence
North 44°32'00" West on said radial line a distance of 50.00 feet;
thence Northeasterly on a curve concave to the Northwest a distance
of 15.25 feet to the TRUE POINT OF BEGINNING.
-2-
DATE December 18, 1981
SWEETWATER, LTD.,
a limited partnership
Thomas, U'tirien & Associates, Real
Estate Investments, a partnership
Robert L. Thomas Enterprises, Inc.,
a general partner
(Signature Owner
Robert L. homas, president
a
m
a a Notary Public in and for said State personally appeared
� T
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STATE OF CALIFORNIA
San Diego
COUNTY OF
Tss:
On this
18day of
th December 19 81 before me Brenda D. McLaughlin
Robert L. Thomas
known to me to be the - President, and
Secretary of Robert L. Thomas Enterprises,Inc.
known to me to be the
the corporation that executed the within instrument and known to me to be the persons who executed the within
instrument on behalf of saidcorporation,7said corporation being
known to me to be one of the ciIrsqit'
Sweetwater, Ltd
the partnership that executed the within instrument, and acknowl-
edged to me that such corporation executed the same as such
partner and that such partnership executed the same.
WITNESS my
hand and official seal.
Signature /A' E.✓ )27
BRENDA D. MCLAUGHLIN
Name (Typed or Printed)
'.l
OFFICIAL SEAL
BRENDA D MC LAUGHLIN
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires FEB 10, 1904
(This area for official notarial seal)
Assessors Office No.
in
ibed
(FOR RECORDERS USE ONLY)
BOY.
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POR. 52
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POR. 40 AC LOT 2 •
MAP166 -RHO DE LA NACION-
MAP 1740—LINCOLN ACRES