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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. CM._ _ o4*c3-9�74f CKOtiBY_�_-- 0aT 1/8 ..i....q.1...t.:_...1 . 4. :: \4-E-•-''',..•'..-., R?9•F; .ali • ..., ( , Roo).-..; ..' .1. . . . .--,....=-•_..-./. / 1 .?_...,,r .$,..,,, / / 1 . . _ _ , ,,;_.'.....7.- --- / -...7( . ,.,. ,,,,,,p1 I. ). 00 ' I/ --,--,—i--- nro 1 oto ---1-- -. .v.,,,./ ..„,.,,. -7& .,.. .... (°' 4' --.-- ; , • f 1 ,.....4 .... ( - - -- 0'--?..,..v.2--..ii \ 1 / ( / ), •-• i ,,I,,A ,1!.., , y , , / . I_ . 4,• - _ __-.3,...4------_,E/k ) • • ..... ; ._- .. (,,,, l'.._ ..•-•:\" • : •• .. \ I . .._ . . \ i .., _ [ , n \ `.---- ---..' - . I 1-'.- \ A-t-__.V-, ----- ----it' - - 'Vt1Le:-'• r7.--;- i ?. / I ---.._,__......._....,..., ..-1--vn ._-.---""'-'-''''....... / A -,...." \. ktil ci r‘• \ \ ..._ .. i • • . . 111 \ \ 1‘ • t '‘,.. ••`-‘, ii---... i p _7./1... '.--->C,-----, . „..........._____, - 7.: : I 1 4 I III i _ _._,, • --.1 ‘ \ iii .L • s','''‘' \ ___ es coNt, 401,11,4 . / toovon. ; - 11. _ / 1 ; --- -f_-__ - __ ___I, __T." __1 7--1--- ---..1, `y \.,., =1 )Il IlE , I .".....,6'. ANMEAi7K\ i, \__„,..i..-i011....!."0,-.-4 1— _1, r 4' _ S....,•. \ - 1I AND %09 it1 r \ i I "......7.7._. .....,..., ....\ ' 1 4' I ;:.;'' II I I I 1 i \ \ 1 1,,I;LE71 5,....Ne.',R :•:::‘i, •4, I I 159' LEGAL Nog OF rlY 1/2 OF 1AelY 1/2 OF SW.LY 1/4 OF W'LY 1/2 OF LOt 2 IN 4/4 SEC. 129 OF FiANC110 OE TA NACION M4P lOO A SSE SSOR MAP N051 I FACE 4 4 PARCEL 55 r ... „ . " . . CITY OF 14/X1'100AL 11'1 ENGINEERING DEPAII•r\e,•!4r APPROVFD t owN0-1.5 T, ?.. NICHOLAS F I.PENNAS STEN•IANIE F. DEBBAS JAMES VINCENT PIER! .: \ 5583 THUNGENUING LAN 1 • 1 r LA JOLLA, CALIF ,92.1,5 T r i A cl • tbV. (1.4 X 111..u. ,1(1 _ no It.NT it 1F•ss ' I I 1 V . It. _ \ \ NrE GE 5iI3 'I 1 I FOIL •