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HomeMy WebLinkAboutCC RESO 12,705RESOLUTION NO. 12,705 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Wall & planter in Public Right of Way adjacent to 230 Division ST - Elizabeth Ruth Scrimger) 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. ERK CITY RK CITY of: ENCROACHMENT REMOVAL AGREEMENT PAGE _QFr-3 In accordance with the action by the City Council, the undersigned, the owner The eastern half of Lot 15 of Thelen's re -subdivision of a portion of 10 acre Lot 1, quarter section 155, Rancho de la Nacion excepting therefrom the southerly 46' thereof according to Map No. 1233, filed in the Office of County Recorder of San Diego County. 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 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 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 SEWrR AN1/OR DRAINAGE FACILITIES: 6b 0%30 Drv,rsrrti E-4- Page 1 of 2 Dated I(t / /9 7 d n (SigT ature) 019er GEORGE W. MEYER, as Conservator of the Person and Estate of ELIZABETH RUTH SCRIMGER" e,v-K Sl (17: -Ze .G Ce JF �L O 77'L STATE OF CALIFORNIA 2ounty of sAAAh460 L.A. March 18 1978 , before me, the and for said State, personally appeared undersigned, a Notary Public in George W. Meyer known to me to be the personwhose name is to the within instrument, and acknowledged to that he executed same. Witness My Hand and Official Seal Notary Public OFPTCTAL SEAL DEBT ENTWISLE flY0iRY PtJ9EIC = CALIFOANIA LC`S ^.NG!LES COUNTY My eori^i. e:i?lie: f.;AY 10; 1981 .PAGE? OF 3 subscribed__ Assessors Office No. 556 - 610 - 4 (FOR RECORDERS USE ONLY) PAGE LF -3 Name, Address and Telephone No. of Attorneys) Brierton & Tierrnan 3Z6 Broadway, #641 San Diego, California 92101 Tele: Z33-4706 . JESSE OSUNA, Clerk DEPUTY Attorney(s) for Representative(s) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO Conservatorship of ELIZABETH RUTH SCRIMGEBJ, Conservatee State of. California, County of San Diego. CASE NUMBER: 107 150 LETTERS OF CONSERVATORSHIP SE-ORGE-Y. _3a-.-.__ hereby appointed Conservator%) of the Perron and Estate (i dare) of E.L.IZ.AB.E'l`H-A '-,5CRIMS.rE#3..__G_o 4Arvate, Witness, JESSE OSUNA, Clerk of the above -entitled Court, with the seal of the court affixed. Dated: SEP 1 8 1974 By order of the court JESSE OSUNA, Clerk (SEAL) By: ` a * "' ' q 6 , Deputy Clerk AFFIRMATION I solemnly affirm that I will perform the duties of my office as conservator of the__..______.__._.___ P_er sia.and..Eatate of..EL IZABIn_ - i.Lt' I -aGIIMGER.. Cnnaermatee according to law. Executed on Septexraber._l_0..i.9.7.4, at -_-- - -zs--DiegQ,__.Cali,fornia • o ''f')frnri - -fit.• G CAE V. MEYER • CERTIFICATION I hereby certify that the foregoing is a correct copy of the original on file in my office, and that said letters have not been revoked, annulled or set aside, and are still in full force and effect. Dated: SEr ; t37; (SEAL) Form PR-14 Co. Clk. )3-72) JESSErUNA, CI-rk Y LETTERS OF CONSERVATORSHIPAITal. eputy Clerk tyT. : 1.1i YY