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HomeMy WebLinkAboutCC RESO 12,810RESOLUTION NO. 12,810 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (2' wall in Plaza Boulevard - 1401-1499 Plaza Boulevard - Levine) WHEREAS, on August 1, 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 1st day of August, 1978. ATTEST: FNCRO CRENT RE?PVAL ACIREIDDIT of: See attached EXHIBIT "A". In accordanee with the action by the City Council, the undersigned, the oar 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 tho 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 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. This assignment is made for the direct benefit of OWNER'S !and 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 iocaticn, in lieu of abandoning, removing or relocating subject building or other structure. PLAT SHOWING LOCATIOP OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY Ah1 S'1WER ANT/OR DRAINAGE FACILITIES: See attached EXHIBIT ''B" Dated Mi1to L vicne der STATE OF CALIFORNIA County of San Diego On /7 19 7!, before me, the undersigned, a Notary Public in and ,¢r said State, personally appeared — ,, Y - _ knokm to me to be the person whose name subscribed to the within instrument, and acknowledged to me that executed same. ' Witness my Hand and Official Seal Assessors Office No. 575-7-25 --35 (FOR RECORDERS USE ONLY) EXHIBIT "A" A portion of Parcel "B" and all of Parcel "C" in the City of National City, County of San Diego, State of California as shown at Page 3114 of Parc,1 !taps filed in the Office of the County Recorder October 15, 1974 and being more particularly described as a whole as follows: Commencing at the Most Southerly, Southwest corner of said Parcel "B"; being a point on the Northerly line of Plaza Boulevard as shown on said Parcel Maps;•thence along said Northerly line South 79°49'30" East, 30.00 feet to the proposed Southerly terminus of the center line of "N" Avenue (60.00 feet wide) and being the TRUE POINT OF BEGINNING; thence along said center line as follows: North 10°10'30" East, 145.00 feet to the beginning of a tangent 509,24 foot radius curve, concave Westerly; thence Northerly along the arc of said curve to the Westerly prolongation of the Northerly line of said Parcel "C"; thence along said prolongation and said Northerly line North 71°00'07" East, 297.76 feet, more or less, to the Northeasterly corner of said Parcel "C"; thence along the Easterly line of said Parcel "C", South 18°47'19" East, 400.58 feet to the Northerly boundary of said Plaza Boulevard; thence along said Northerly boundary as follows: South 83°50'00" West, 49,28 feet to the beginning of a tangent 960.00 foot radius curve, concave Northerly; Westerly along the arc of said curve through a central angle of 16°20'30" a distance of 273.81 feet; and tangent to said curve North 79°49'30" West, 125.06 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A" A C I 2 I- -iuk-oist *AA, Pimatipois fN Ii w,r • SAC Cs °ems rna*l IG'NiCE fie' • 1.0Ivts Si 044 ono** slw�+«- 2'HIG14 1.s TOtAJ q ?d :l'MH EQ+ui. Diet�atA? AS r±it Whin; N.K. Gi1'•Y. - OM: f'ltpViCe ? WNb 54Mt 111,468e rtori Aguas 04'saG°t (1gfiC0t.i• EXHIBIT "B"