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HomeMy WebLinkAboutCC RESO 11,995RESOLUTION NO. 11,995 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Wyman) WHEREAS, on March 9, 1976, 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 remove said encroachment upon proper demand, and prom- ising to comply with 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 March, 1976. (51AXIA—Ah. R VICE- MAYOR ATTEST: (141_ CITY ERK 6 557-330-8 ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on March 16„ 1976' , the undersigned, the owner of 1520 Plaza Boulevard, in the City of National City, County of San Diego, State of California, in consideration of the grant of permission by the City of National City to maintain a commercial building above an existing 10" diameter sewer main for the use and benefit of owner's property and adjacent lands, over, under and across an easement 10.00•feet in width, located 5.00 feet either side of the centerline of the above described sewer main, which easement. is better described in Book 2222 Page 98 of the Official Records of the County Recorder of said San Diego County, covenants and agrees with the City of National City as follows: (1) Upon notification in writing by the City Engineer, the above described installation shall be abandoned, removed or relocated by the Owner. (2) The said installation 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 hai,iffess with respect thereto. (3) This agreement 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 relocate the installation 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 be a lien upon said land. (4) Owners may, at their option and subject to approval by the City Engineer, reconstruct the above described 10".diameter sewer main at a new elevation and location, in lieu of abandoning, removing, or relocating subject commercial building. PLAT SHOWING LOCATION ,<.en . 5T, 201 st r+1[.COq.401� ;;4 ..2:i 12 TH �• �� . -J N Page 1 of 2 4- Dated /7 <. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, Engr. No. 2886 On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared JOSEPH E. WYMAN, known by me to be the President of BEAUTY BOUTIQUE INC., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corpo- ration. WITNESS my hand and Official Seal, OFFICIAL SEAL BEATRICE BUCKELEW NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires August 30, 1979 (FOR RECORDERS USE ONLY) Page 2 of 2