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HomeMy WebLinkAboutCC RESO 12,751RESOLUTION NO. 12,751 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Wall and fence into Euclid Avenue [Maigue]) WHEREAS, on June 13, 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 13th day of June, 1978. ATTEST: CITY CLERK MAY • of: ENCROACHMENT RE 1OVAL' AGRF.EMINNT In accordance with the action by the City Council, the undersigned•, the owner Lot 197 National Award Homes, Unit No. 1, Map No. 4268, 2410 Division Street, National City, Assessor's Parcel No. 554-231-15. 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. The said building or.-structure.shall-bemaintained 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. This assignment is made for the direct benefit of OW7NER'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 )WNER 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. (2) PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY _- AND SEWER-AND/OR_DRAI.NAGE FACILITIES: SFF . EXHIBIT "A" ATTACHED. Page 1 of 2 Dated N1A . 8, /976 )1- ?2 ZS gnat e) Owner ,STATE OF CALIFORNIA aunty of San Diego . a MAY 8, 19 78 , before me, the undersigned, a Notary Public in - .n4 for said State, personally appeared EDGARDO P. MAIGUE and EMYLINA N. MAIGUE -- known -to me to- be-thepersons- whosename s are to the within instrument, and acknpwledged to me that executed same. Witness It Hand and Official -Seal Edward Ricca they OFFICIAL SEAL EDWARD RICCA NOTARY PUBLIC - CALIFORNIA Principal Office. San Diego Co. Cafif. My Commission Exp. June 22, 1979 subscribed Assessors Office No. 5551-23/-/S •(FOR -RECORDERS USE ONLY) 41(17 c7, tcr�c-e � PLEA/ i x 2oc. f 5 Encroach into Euclid Right of Way approximately 14" with a wall extension and place a 5' Chain Link Fence on top of existing wall built under an improvement act project. EXHIBIT "A"