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HomeMy WebLinkAboutCC RESO 12,701RESOLUTION NO. 12,701 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Leonard E. Teyssier, portable loading dock within a sewer easement near 3200 Block of Highland Avenue) WHEREAS, on April 11, 1978, 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. ATTEST: PASSED AND ADOPTED this llth day of April, 1978. CITY CLERK PAGE .L..O Z ENCROACHMENT REMOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of: The east half of the east half of 10 acre Lot 16 in 0 Sec. 151, Rho. de to Nacion, according to Map No. 166 filed in the office of County Recorder of San Diego County, excepting therefrom that portion "taken" for State Highway purposes described as Parcel 3-A in that certain final order of • condemnation No. 336275 recorded June 18, 1974, as File No. 74-162317, (the improvement referred to herein is a 12' x 15' loading dock as shown on the sketch herein) 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 owner's 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. (2) The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNtit 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. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF - WAY AND SEWER AND/OR DRAINAGE FACILITIES: (1) LOT 9 t LEI 124 isi t 8 0 it cc G t1t D LO T 16 toic.� J U. W 0 to 5UB.IEC.T PROPERTJ \vs Is ,• 1 o� t / G co. 4 ¢G� `A.. /. 4(5 0 !iopr / 7. 'T 100.0 t MGROVEM>cNT C 2.'"c t 3' x 340 L.oAa I NO DocK1 SU13.)G 7 ib 1-t-11 S A4RC:Et/1E11r CITY ENGR. DEFT. No._ _: li SG2 - 3Z2-Z9 ` 6_ DATE DATE CKD ✓ DA7&____�� PAGE..? 0F? Dated ? -- 1 La - 7 y ATOMIC INYEITMENTS, INC.,,ET AL, Owner "Le-onard E. Teyssier, President i By: STATE OF CALIFORNIA County of San Diego On (C- ///f/tf, 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared Leonard E. Teyssier , known to me to be the President of the Corporation that executed the within instrument, known to me to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its bylaws or a resolution of its board of d. ire ctors. Witness My H nd •nd Official S-•I S ignatu C-ef Assessors Office No. . 2 _ 3ZZ — 28 (FOR RECORDERS USE ONLY)