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HomeMy WebLinkAboutCC RESO 12,963RESOLUTION NO. 12,963 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Sign and portion of parking lot in 12th Street - Windmill Plaza) WHEREAS, on January 16, 1979, 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 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 together with the attachments thereto. PASSED AND ADOPTED this 16th day of January, 1979. ATTEST: ENCROACHMENT RE1OVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of: A pD Tav c+� %� ! c .�+�ts 1251 (ctt4c-1- C) L cicd�v*. Czc t al'0 (SEE ,C;r ,i$/1 `:yt'`ATT. /f, in the City of National City, County of San Diego, State of California, in con- sideration 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 he 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 succes- sors 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) OWNER'S 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. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR FIGHTS -OF -WAY AND SEWER AND/OR DRAINAGE FACILITIES: AGAaag__ plot - (A4LAA:) s // , ,C,,(45/r- Page 1 of S -; 72/ i Dated ) I 0 i/ 7q f6/ h ,`l STATE OF CALIFORNIA County of San Diego /n 1929, before me, the undersigned, a Notary Public in an' for said Mate, personally appeared 1 J )4/, ?mown to me to be the person whose nam ' to the within instrument, and acknowledged to me that executed same. I State of An A1, County of OFFICIAL SEAL BEATR,CE BUCKLEW NOTARY PUBLIC t'ALIFORNIA ?; RINCIPAL OFFICE IN :;AN OIEGO COUNTY My Commission Exuires August 30, 1979 }SS. On this the 3'\—day of subscribed 19r% 9 , before me, the undersigned Nottary Public,p_ersonally appeared . Known to me to be the person(s) whose name(s) a,_;t 1 subscribed to the within instrument and acknowledged that 'fin executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. GENERAL ACKNOWLEDGMENT FORM sMs-276027s0 474/ PAS Z 5 (1 2) SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALLFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED A' A WHOLE AS FOLLOWS: BE] INNING AT THE SOUTHWEST CORNER OF THE 'WEST HALF OF THE NORTHWEST Qt lrER OF SAID QUARTER SECTION 106; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 18°08'20" WEST 42.49 FEET TO THE NORTHERLY LINE OF PLAZA BOULEVARD AS DESCRIBED IN DEED TO THE CITY OF NATIONAL CITY RECORDED AUGUST 15, 1961, AS DOCUMENT NO. 140046 OF OFFICIAL •RECORDS; THENCE ALONG THE SAID NORTHERLY LINE AS FOLLOWS: NORTH 52°10' EAST 175.36 FEET (RECORD NORTH 52°06'57" EAST 181.41 FEET) TO THE WESTERLY LINE OF LAND DESCRIBED IN OEEC TO CHARLES G. KERCH, ET UX, RECORDED JANUARY 7, 1960 AS DOCUMENT NO. 2899 OF OFFICIAL RECORDS AND THE TRUE. POINT OF BEGINNING; THENCE CONTINUING NORTH 52°10' EAST 120.33 FEET TO THE BEGINNING OF A TANGENT 12.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY IN THE BOUNDARY OF EUCLID AVENUE AS DESCRIBED IN DEED TO THE CITY OF NATIONAL CITY, RECORDED MAY 19, 1965 AS DOCUMENT NO. 89706 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70°21'03" (RECORD 70° 18') A DISTANCE OF 14.73 FEET; THENCE TANGENT TO SAID CURVE NORTH 18°11'03" WEST 146.54 FEET; THENCE AT RIGHT ANGLES SOUTH 71°48'57" WEST 121.17 FEET TO SAID WESTERLY LINE OF SAID KERCH LAND; THENCE ALONG SAID WESTERLY LINE SOUTH 18°08'20" EAST 198.24 FEET TO THE TRUE POINT OF BEGINNING. AND: ALL THOSE PORTIONS OF QUARTER SECTIONS 106 AND 129, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF :ALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166s FILED IN THE )FFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY DESCRIBED AS A WHOLE AS :OLLOWS: lEGINNING AT THE SOUTHWE-ST`CORNER OF THE WEST HALF OF THE NORTHWEST UART"ER OF SAID QUARTER__SECT_I-ON OF-106; THENCE ALONG THE WESTERLY LINE THEREOF NORTH I:8°08°20'r NEST 42.49 FEET TO THE NORTHERLY LINE OF PLAZA 300L.EVARD AS DESCRIBED IN DEED TO THE CITY OF NATIONAL CITY RECORDED AUGUST 15, 1961, AS DOCUMENT NO. 140046 OF OFFICIAL RECORDS BEING THE (R,VE.POINT OF BEGINNING; THENCE ALONG THE SAID NORTHERLY LINE AS FOLLOWS: 4O H 52°10' EAST 175.36 FEET (RECORD NORTH 52°06'57" EAST 181.41 FEET) TO rH WESTERLY LINE OF LAND DESCRIBED IN DEED. TO CHARLES G. KERCH, ET UX, tE 'RDEO JANUARY 7, 1960 AS DOCUMENT NO. 2899 OF OFFICIAL RECORDS; THENCE 1013056 PAGE 31 b- 47z/ ../..•57,4-•5I.5/7 f,7 " JORTH 18°08'20" WEST TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED '0 C. L. GRANDON, ET UX, RECORDED JULY 21, 1958, AS DOCUMENT NO. 116320 OF IFFICIAL RECORDS; THENCE SOUTH 71°38' WEST ALONG THE SOUTHERLY LINE OF ;AID GRANDON LAND A DISTANCE OF 165.00 FEET TO THE SOUTHWESTERLY CORNER 'HEREOF, BEING ALSO A POINT ON THE 4ESTERLY LINE OF SAID QUARTER SECTION .06; THENCE SOUTH 71°20' WEST 326.36 FEET TO THE NORTHEASTERLY CORNER OF .OT 14, BLOCK 6, OF BEVERLY GLEN SUBDIVISION ACCORDING TO MAP THEREOF NO. :787, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ;GUTH 18°22' EAST ALONG THE EASTERLY LINE OF SAID BEVERLY GLEN SUBDIVISION ''''STANCE OF 239.08 FEET TO THE SOUTHEASTERLY CORNER OF LOT 1 OF SAID fU: K 6, BEING ALSO A POINT IN THE NORTHERLY LINE OF LAND DESCRIBED IN 3ETO THE CITY OF NATIONAL CITY, RECORDED JUNE 11, 1962, AS DOCUMENT NO. )91 7 OF OFFICIAL RECORDS AND BEING ALSO THE NORTHERLY LINE OF THE >0"[HERLY 30 FEET OF 80 ACRE LOT 1 IN SAID QUARTER SECTION 129; THENCE 40RTH 71°33' EAST ALONG SAID NORTHERLY LINE A DISTANCE CF 290.03 FEET TO iN ANGLE POINT EN SAID CITY CF NATIONAL CITY LAND; THENCE NORTH 52°10' :AST ALONG SAID LINE A DISTANCE CF 37.62 FEET (DEED EQUALS 35.49 FEET) TO EHE TRUE POINT OF BEGINNING. 472( 1013056 PAGE 4 Ij U• 4441' re-bpAPAI N us' co' »'u I e' i ain ��II EUCLID -4 s WINDMILL fL_LZ. 14,11.6", rkua ar, RPM:, GDRAKE. `&LLMAN zWYMAN, INC AY(HITMTX ANI)I..V(JVI2RV 1 Nli ll1NV(IY( (NXI. 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