HomeMy WebLinkAboutCC RESO 16,320RESOLUTION NO. 16320
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN
ENCROACHMENT AGREEMENT FOR "HIGHLAND VIEW TOWN CENTER" AT
THE NORTHEAST CORNER OF DIVISION STREET AND
HIGHLAND AVENUE(A.P.N. 551-570-07/WILLIAM CUNNINGHAM)
NATIONAL CITY BOULEVARD
WHEREAS, on August 28, 1990, the matter of an
encroachment permit was presented to the City Council by the
applicant Highland View Town Center, for construction of a
clock tower within a drainage easement on property located at
the northeast corner of Division Street and Highland Avenue;
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 all 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
Agreement", executed by Highland View Town Center, and
directs the City Clerk to record the same.
PASSED and ADOPTED this 28th day of August, 1990.
ATTEST:
George H. Waters, Mayor
011 k 0 A.A.A, c we ;. t 1.-
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III,
City Attorney
•
Note recording information
and return to: ENCROACHMENT AGREEMENT
City Clerk of National. City
1243 National City Blvd.
National City, CA 92050
Imo, /(01.3o?O In accordance with the action by the City Council, the undersigned, the owner
of:
ti
EX/Si D9q, - --
EA.se- MENT
Highland View
A.P.N. 551-570-07
(Northeast corner Highland Avenue and Division Street)
in the City of National City, County o1 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 owner's 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
et 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 relocate 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) OWNERS may, at their option and subject to approval by the City Engineer,
reconstruct 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.
(5) At all times during which OWNER maintains the encroachment in the public
easement or right-of-way, OWNER shall maintain in full force and effect a policy
of public liability insurance covering any and all claims for injuries to persons or
damage to property arising from said encroachment, with combined single limits
of Three Hundred Thousand and No/100ths Dollars (S300,000.00) per occurrence
for bodily injury, sickness and disease, including death resulting therefrom, and
Three Hundred Thousand and No/100ths Dollars ($300,000.000 for claims for
property damage. The City of National City shall be an additional insured
under said Policy of insurance.
(6•) The policy of insurance so obtained shall contain a contractual liability
endorsement covering the liability assumed by this Agreement, and shall contain a
provision that such policy may not be cancelled nor the amount of coverage
reduced except after thirty (30) days' written notice to the City of National
City. Certificates evidencing such insurance coverage shall be filed with the
City.
PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEM
OR RIGHTS -OF -WAY AND SEWER AND/OR DRAINAGE FACILITIES:
PeoPE2T% . 3eY41.4),•7i2 j( 'a
eX/s r
✓9CA/Vr.
101/61Y ND 4 YE-
C93RoS.:)
72in I0/Aes
M4P
C4e,c,e .7 WEA E/✓GPa<e}odE,
Through the courtesy of —
4-1
o
4-0
pNE
ENCROACHMENT AGREEMENT PAGE 2
Date: B - U " 10
OWNERS: H View Towne Center, a California Limited Partnership, By:
wiiiiam Cunningham, general Partner
Lynn Simay, Trustee the Simay Family
Trust
+141A-1161
nardSp keneral partner
,. STATE OF CAL I,fORt(IA ) (Acknowledgement)
) ss.
County of (JCC )
n
On this C, rn day of afard in the year 19 9/2 before me, /ht aAzi'E.ed fy/9iei
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally
appeared WiIIirNrvi CIrim (r6haiv1) iskm/NAR7- nFk-1-i,? PnA 1.dAV) S irmaj
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s):
(0 INDIVIDUAL)
(0 CORPORATION)
(3 PARTNERSHIP)
IN WITN S WHEREOF
the da✓y!a d y%
/ Jilt/2/ 74!,- 1 G/Awe,—
Notary ublic in and for said County and State of California
y
c/mmission expires: /2-7- 90
FD-1 B
Whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
Who executed the within instrument as president and
secretary, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its articles and by-laws and a resolution of
its Board of Directors.
That executed the within instrument on behalf of the part-
nership, a d acknowledged to me that the partnership executed it.
reunto set my hand and affixed my official seal, in and for said County and State,
OFFICIAL SEAL
DARLENE A. PETERMAN
LOS ANGELES COUNTY
NOTARY PUBLIC - CALIFORNIA
;3.
'!�•�'
My Comm. Expires Dec 7, 1990
Assessors Office No.
(FOR RECORDERS USE ONLY)