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HomeMy WebLinkAboutCC RESO 12,232RESOLUTION NO. 12,232 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Gerald W. Girlinghouse & Elizabeth L. R. Girlinghouse) WHEREAS, on January 11, 1977, 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 January, 1977. ATTEST: ENCROACHN'ENT RE<•IOV.AL AGREE1E.NT In accordance with the action by the City Council, the undersigned, the owner of Assessors Parcel No. 557-220-12 Easterly 55' of that portion of Lot 13 of Hills of Paradise in the City of National City, County of San Diego, State of California according to Map No. 1860 filed -September 23,-1925 lying -southerly -of a line --drawn parallel with --and 145' northerly of a measured line at right angles to that course in the southerly boundary of said Lot 13 having a bearing north 71°31' East. the City of National City, County of San Diego State of California, in consideration . 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 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 OWNER or his successors fail to remove or re- locate 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, re- construct 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 SHOWI.NG LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY AND SEWER AND/OR DRAINAGE FACILITIES: croachment permit onto public property located at the west end of loth Street cul-de-sac i the 2200 block of National City to allow for construction of poured concrete retaining v 1 footings to benefit property identified above. (See Attached Drawings) Dated i.-z`f,-x, A/6! Ar S a y c /b t ,,, !p: p (Si,gnature) / Owner STATE OF CALIFORNIA County of San Diego 5-eit,, ,,fer A 19 76' nd for said State, personally appeared G' /, ' w ' , before me, the undersigned, a Notary Public in mown to me to be the persons whose names to the within instrument, and acknowledged to me that executed same. ply L(Y�i"• �✓.c..�s �,:+.-�� Witness My Hand and Official Seal nunnnri+WNWNIIM11IN111WeiM'IIFFICIVmaA S AI.attPNNf OFFICIAL SEAL V;".! t Sr1ELDCN _._ m R + i -..iC CALIFeRNI `M OIEO": COUNTY r j f swo Expi es Aug. 22, 198D $ Luupx.t....w., .. OFFICIAL SEAL - DAVID L SHELDON NOTARY PUB' IC CAI f %AN,A PRINCIP'U. OFFICE IN SAN DIEGO COUNTY My Commission Exphiz Aug. 22, 1910 by W1i W IpplflwHnw NMxinaeO.uuNXnmww,wu W yuuly, subscribed.. Assessors Office No 557- ZZo-=/Z- FOR USE BY COUNTY RECORDER -