HomeMy WebLinkAboutCC RESO 12,706RESOLUTION NO. 12,706
RESOLUTION ACCEPTING ENCROACHMENT REMOVAL
AGREEMENT
(Wall, sewer, and drain within City drain easement
at 1709-1749 E. 16th ST - Nicholas Frank Debbas)
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.
PASSED AND ADOPTED this llth day of April, 1978.
ATTEST:
of:
ENCROACHMENT REMOVAL AGREEMENT
In accordance with the action by the City Council, the undersigned, the owner
nu. ; cx k4.1. .
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 Lost,._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 Ol+,"ER 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 he 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 DRAINAGE FACILITIES:
Page 1 of 2
iLt31t izY. �., �..........
3-1-12
STATE OF CALIFORNIA
aunty of San Diego
Jn. -03 19 beforeme, the undersigned, a Notary Public .in
and for said State, personally appeared
known to me to be the person whose name Z,� subscribed
to the within instrument, and acknowledged to me that
executed same.
Witness My Hand and Official Seal
OFFICIAL SEAL
BEATRICE BUCKELEW
NOTARY PUBLIC • CALIFORNIA
•`r ;�',' PRINCIPAL OFFICE IN
•• • SAN DIEGO COUNTY
My Commission Expires August 30. 1979
Assessors Office No. .537 44- sy
(FOR RECORDERS USE ONLY)
,APL.CITYEWA.DEEPT.No.9JZ'1_
LEGAL DESCRIPTION
ORDER NO.761439-15
PAGE NO. 1
CXc�rt q .
All that portion of the Easterly Half of the Easterly Half of the South-
westerly Quarter of the Westerly Half of Lot 2 in Quarter Section 129 of
RANCHO DE LA NACION, in the City of National City, County of San Diego,
State of California, according to Map thereof No. 166, filed in the
Office of the County Recorder of San Diego County, May 11, 1869, lying
Southerly of a line described as follows:
COMMENCING at the Northeasterly corner of. the Southwesterly Quarter of
the Westerly Half of said Lot 2; thence Southerly along the Easterly
line of said Southwesterly Quarter of the Westerly Half of Lot 2, a
distance of 132.00 feet to an angle point in the boundary of land de-
scribed in deed to the City of National City, recorded April 25, 1958 in
Book 7054, page 338 of Official Records; thence continuing Southerly
along said Easterly line a distance of 91.00 feet to the TRUE POINT OF
BEGINNING; thence Westerly, parallel with the. Northerly line of the
Southwesterly Quarter of the Westerly Half of said Lot 2 to the Westerly
line of the Easterly Half of the Easterly Half of the Southwesterly
Quarter of the Westerly Half of said Lot 2.
EXCEPTING THEREFROM the Southerly 30.00 feet.
MAVL CRY ENert OEPT.
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LEGAL
Nog OF rlY 1/2 OF 1AelY 1/2 OF SW.LY 1/4 OF
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OE TA NACION M4P lOO
A SSE SSOR MAP N051 I FACE 4 4 PARCEL 55
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CITY OF 14/X1'100AL 11'1
ENGINEERING DEPAII•r\e,•!4r
APPROVFD
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NICHOLAS F I.PENNAS
STEN•IANIE F. DEBBAS
JAMES VINCENT PIER! .: \
5583 THUNGENUING LAN 1 •
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