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HomeMy WebLinkAboutCC RESO 12,741RESOLUTION NO. 12,741 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Tile walkway 2' into Plaza Boulevard and roof beams 5" into Plaza Boulevard [Lambs Players]) WHEREAS, on May 16, 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 16th day of May, 1978. ATTEST: (-----X.---- CITY CL RK • ENCROACH'E' T REPIOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of: 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 ofOWNER'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. WNER'S may, -,at thc4r e}.tie' a -erect 4,e-apiaToval by the City Ergineor,, • and loeati n, in licu-of-rbandcning, rem ving or r:Islccating albjcct building r other s*ructura. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY AND .SEWER AND/OR DRAINAGE FACILITIES: (l) 1.3 a Page 1 of 2 ti Dated .Signature) TATE OF CALIFORNIA )unty of San Diego 19 7g Owner -- before me, the undersigned, a Notary Public in and _or said State, personally appeared FL Pt? r L 2 -- known -to me to_ be -the personwhose name / 5 subscribed to the within instrument, andacknowledged to me that. S f-j f'_ execred same. Witness My Hand and Official Seal a., Exp. °,t. 1J. 19; 3 - Assessors Office No. (FOR --RECORDERS USE ONLY) A11 that portion of the Easterly Half of the Westerly Half of 10 Acres Lot 14, Quarter Section 154, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 166, made by Morrill, on file in the Office of the County Recorder of San Diego County, described as follows: PA 74 BEGINNING at the Northwesterly corner of said Easterly Half of the Westerly Half of said 10 Acres Lot 14; thence along the Northerly line of said Lot North 71°00'00" East, 90.00 feet; thence South 19°00'00" East 165.00 feet; thence South 71°00'00" West, 90.00 feet to the Westerly line of said Eastetiy Half of the Westerly Half of said Lot; thence along said Westerly line North 19°00'00" West 165.00 feet to the Point of Beginning. 304021-A 306249-A EXCEPTING therefrom the North 40.00 feet as conveyed to the City of National City in deed recorded August 21, 1909 in Book 467, Page 292 of Deeds for street purposes. -- ALSO EXCEPTING therefrom the West 15.00 feet as conveyed to the City of National City in deed recorded December 20, 1949 in Book 3427, Page 198 of Official Records.