HomeMy WebLinkAboutCC RESO 13,300RESOLUTION NO. 13,300
RESOLUTION ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT FOR PATIO AT PLAZA VILLAGE
CONDOMINIUMS
WHEREAS, on April 1, 1980, 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 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
Council to record the same together with the attachments
thereto.
PASSED AND ADOPTED this 1st day of April, 1980.
ATTEST:
CITY CL �•K
ENCROACHMENT REa•IOVAL AGREE!ENT 5a
In accordance with the action by the City Council, the undersigned, the owner of
PLAZA VILLAGE CONDOMINIUMS
(SEE LEGAL DESCRIPTION ATTACHED (EXHIBIT "A"))
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:.
(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) Thesaid 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 stricture 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,
of abandoning, removing or relocating subject building or other structure.
T X SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY AND
zR AND/OR DRAINAGE FACILITIES:
SEE ATTACHED SKETCH (EXHIBIT "B")
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EXHIBIT "A" 5c
LEGAL DESCRIPTION
ORDER NO.805395-15
PAGE NO. 1
That portion of Quarter Section 103 of RANCHO DE LA NACION, according to
Map thereof No. 166 by Morrill, filed in the Office of the County Re-
corder of San Diego County, May 11, 1869, together with a portion of
Susan Manor, according to Map thereof No. 3416, filed in the Office of
the County Recorder of San Diego County, April 24, 1956, all in the City
of National City, County of San Diego, State of California, being more
particularly described as follows:
Commencing at the Northwest corner of said Quarter Section 103; thence
along the Westerly line thereof, South 18°45'12" East (Record South
19°00'00" East) 165.00 feet to the TRUE POINT OF BEGINNING; thence
leaving said Westerly line, North 70°59'19" East 125.00 feet; thence
North 18°45'12" West 125.00 feet to the Southerly line of the Northerly
40.00 feet of said Quarter Section, also being the Southerly line of 8th
Street, 80.00 feet wide; thence along said Southerly line, North 70°59'
19" East 275.13 feet to the Northwest corner of Lot 1 of said Susan
Manor; thence along the Westerly line of Lots 1 through 11 inclusive, of
said Susan Manor, South 19°00'00" East 634.76 feet (635.00 feet per Map
No. 3416) to the Southerly line of said Susan Manor; thence along said
Southerly line, South 71°00'00" West 36.99 feet (37.00 feet per Map No.
3416) to the Southwest corner of said Susan Manor, also being the North-
west corner of Terry Park, according to Map thereof No. 3785, filed in
the Office of the County Recorder of San Diego County January 21, 1958;
thence along the Westerly line of said Terry Park, South 19°00'00" East
28.44 feet; thence leaving said Westerly line of Terry Park, South
43°30'00" West 413.55 feet to the Westerly line of said Quarter Section
103; thence along said Westerly line, North 18°45'12" West (Record North
19°00'00" West) 729.09 feet to the TRUE POINT OF BEGINNING.
dd/bls
1/22/80
5d
Dated March 19, 1980
BIDDLE NATIONAL CITY. LTD., a Limited Partnership
BY: , American BuildingArts, General Partner
(Signature) Owner
STATE OF CALIFORNIA
County of San Diego
On March 19 19 80 , before me, the undersigned, a Notary Public in
and for said State, personally appeared
known to me to be the person whose name subscribed
to the within instrument, and acknowledged to me that
;to
same.
'Witness. p Hand and Official Seal
Assessors Office No.
(FOR RECORDERS USE ONLY) i
a.STATE OF CALIFORNIA •, as.
COUNTY OF San Diego
March On 19 r 1980 before me, the undersigned, a Notary
said State, personally appeared K1 at>.4 MPT1t t'ltall
0
E
0
known to me to be the V ce President and "
known to me to be the..... Secretary of
Plioricart Bui 1 rii rug Aria
the corporation that executed the within instrument and known
to meto be the persons who executed the within instrument on behalf of said corporation, saidcorporation being known to me
to be the general partner of Biddle National City,
Ltd.
the limited partnership that executed the
acknowledged to me that a ch partner
executed the same.
WITNESS my ha
Signature
Theresa Perkins
Name (Typed or Printed):
in instrument, and
such partnership
Public in and for
OFFICIAL SEAL
THERESA PERKINS
NOTARY PUBLIC - CALIFORNIA
Principal Office in San Diego County
My Commission Exp. Aug. 20. 1982
AI .. R'eWW.1YhY11i`. eedi
(This area for official notarial seal)