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HomeMy WebLinkAboutCC RESO 12,694RESOLUTION NO. 12,694 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Thrifty Oil Company) WHEREAS, on April 4, 1978, the matter of an "W 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 4th day of April 1978. ATTEST: ENCROACHMENT REMOVAL AGREEMENT N3Q 14/0,11i1or, In accordance with the action by the City Council, the undersigned, the owner of: AriAa-ti2) 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: Upon notification in writing by the City Engineer, the above described building or structure shall be abandoned, removed or relocated by the OWNER. 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. 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 RIGHTS -OF -WAY AND SEWER AND/OR DRANAGF,, FACILITIES: L712 rt4.4 • �- >2,_-C-ei,-.„ Lill, A h n 1 • W GS21�lk�F -64cZee L. L1thd41( I4.-espz.14-hLe (Signature) Owner STATE OF CALIFORNIA County of San Diego On ` le \a cJ JD. 19 before me, the undersigned, a Notary Public in and for said State, personally appeared._a. a-'^- tin • d known=to me to be .the person- whose name-5 cLAA_ subscribed to the within instrument, and acknowledged to me that executed same. Witness My Hand and Official Seal ,, OFFICIAL SEAL -.1 BEATRICE BUCKELEW Tr. NOTARY NOTARY PUBLIC - CALIFORNIA A y •.• PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires August 30, 1979 Assessors Office No. SS8-e3- a7 (FOR RECORDERS USE ONLY) Dated 7/-t4- (Signature) Owner F1-44 Luvr'o le+ N. I"4. h STATE OF CALIFORNIA County of San Diego On ' w,c.' i , 19 7 before me, the undersigned, a Notary Public in and for said State; personally appeared mown to me to be the person.. whose name f subscribed to'the within instrument, and acknowledged to me that--t..:.� executed same. • Witness My Hand and Official Seal ,' i"OFFICIAL SEAL , BEATRICE BUCKELEW ,a`' NOTARY PUBLIC . CALIFORNIA /.• % .;i':e.•` PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires August 30, 1979 Assessors Office No. .3'S8 -03 - 27 (FOR RECORDERS USE ONLY) STATE OF CALIFORNIA County of �o limos 4e-Vese ,r On /y%zAz f 19 %d'; before me, the undersigned, a Notary Public in and for said State, personally appeared %F p e!),Q 2)c/v lnown to me to be the person whose name subscribed to'the within instrument, and acknowledged to me that executed same. Witness My Hand and Official Seal - - ALL Li; iti A/. s-r/ - OFFICIAL SEAL ALLENE H. KERSH NOTARY PUBLIC - CALIFORNIA LCS ANGELES COUNTY My comm. expires AJG 15, 1980 Assessors Office No. 551- 03 -Z7 (FOR RECORDERS USE ONLY) • . -BASE. .,• ) 6-ul. Viarcw., .• 66 '. '. A:A 1Erni',,nade ibis . ' day of „i..., ., 19 • by nod' bet,•„ 'L. Ue:tdell Fesse1, .ino.and Lillian M. Hesse3.tine,Ohis wife} and Fred LuxtonWhose and Violet N. Luxton, his ,rife • . address id 08..5...AI> yapan...Drive,...Z::1'tesa,...California 9.20111. -' Lessor,' and I'1Ik: .' 1ERICAN 011. COMPANY, a Maryland corporation, with Its mnln business office, at 910 South Michigan Avenue, Chicago, Illinois, Lessee: ' \C1T\I;SS1sTH: 1. The Lessor hereby demises aiul 'lease to Lessee, the following described premises situated In the.... ., of' ...t<a.:tar Comity of more p.crd;alurly dtwerihed us follows, to•wtt: • San- Diego , State of • THE: WESTERLY 150 FEET MEASURED AT RIGHT ANGLES TO THE WE:LTEKt;Y.•:.= J''� LINE- OF THAT PORTION OF GUAkTER SEC i I ON 106 OF RANCHO DF LA f. AC 1 (1N h IC: THE CITY OF- NATIONAL CITY, IN THE: COUNTY OF SAN DI:.G0. STATE OF CALIFORNIA, ACCORDING TO THE MAP TITER •hF E,Y MORRIL.L, NO. 166, FILED IN'THE OFFICE OF THE COUNTY NE'CORDI:.n'. OF SAN D IEGO COUNTY, DCSCR I OED AS FOLLOWS, BEGINNING AT THE NORTHEASTf LY' CORNER OF SATO QUARTER SECTION .. iO61 THENCE ALONG THE A;;,TERLY'LINE OF SAID.GUARTER SECTION• 106 LOUTH 1Fi°2.9'12" EAST 837.70 FEET. TO THE. TRUE POINT CF:.;3F.G1NNING,1 THENCE -CONTINUING ALONG, SAID EASTERLY LINE SOUTH 1f°29'12" [AST•::: 183.21 FEET; THENCE SOUTH 43°45';38» WEST A DISTANCE OF 139.27 FELT TO A POINT OF TAN(;ENCY. WITH A 360 FOOT RADIUS CURVE,'CONCAVi' 10 T,T. NORTHW:ST1 THEN(:' SOUTHWESTERLY ALONG SAID CURVE TNr'Ut,il 4 CENTRAL ANGLE OF 24°O9'45" A DISTANCE OF 151.82 EFETI..THFNCE: ALONG A LINE TANGENT TO SAID CURVE SOUTH 67°55'23" WEST ApISTAF.C.0 GF 10.36 FEET TO A POINT OF TANGENCY WITH A 12 FOOT RADIUS CURVE, •CO"tctvr TO THE Nf?.ZTHE'ASTt. THENCE. WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93°36'02" A DISTANCE OF 19.60 FEET TO A POINT IN THE ::ASTERLY •LINE OF A PL!EjLIG-STREET r!;04N AS HARBISON AVENU:=; BEING Tt1F EASTERLY LINE 01 THE LAND) DF:;CRIBED IN DEF D TO THE CITY OF NATIONAL CITY FOR STREET PL PO;iF;G• RE,L RDF.D. MAY 29• 1956 IN .Ei00K 6119, PAGE 57 OF OFF1C1� .5RI,to IROSI THt'r'RCE. ALONG SAID EASTERLY LINE NORTH 18°21035" W1:S n kiECC!ftu NORTH .1.9° w' T- 144.95 FEE. TO THE M05T SOUTHERLY CORNER OF LAN ;± DESCRIBED IN DEED TO SHAREHOL )ER PROPERTIES INC.. RECORDEL'h SEPTE 2.CR 20. 1961 AS COCUMENT NO. 163812 OF OFFICIAL. RECC'RDS, TrtENCF; ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LAND NORTH a5°16'0G". EAST 29.67 FEET TO THE BEGINNING 0F A .At GENT CURVE CO\C'.VE NORTHWESTERLY HAVING A. RADIUS. OF . 125.00 FE T F THENCE. NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH .1N ANi,L.;: OF 21°30!22" A DISTANCE. OF 46.92 FEET, THENCE NORTH- 4:;°:.5s • 1 ' 26" EAST 245.54 FEET- TO THE TRUE POINT OF BEGINNING. THE EASTERLY LINE• OF SAID WESTERLY, 150 FFET BEING DRAWN PARALLi i. WITH THAT PORTION OF THE EASTERLY LINE OF SAID, HARI3ISON Avrf.uE, HAVING, A BEARING OF NORTH 18°28.155" WEST. . • • • • T. 13. Redmond -- Rt'r1nnal Vice -President " .43