HomeMy WebLinkAboutCC RESO 12,164RESOLUTION NO. 12,164
RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT
(Sutton)
WHEREAS, on October 12, 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 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.
ATTEST:
PASSED AND ADOPTED this 12th day of October, 1976.
of:
ENCROACHMENT REMOVAL AGREEMENT
In accordance with the action by the City Council, the undersigned, the owner
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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 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 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.
PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY
AND SEWER AND/OR DRAINAGE FACILITIES:
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Page 1 of 2
Dated
October 4, 1976
3ignatur2) % Owner
STAl"h OF CALIFORNIA
County of San Diego
On October 4 19 76, before me, the undersigned, --a Notary Public in
and for said State, personally appeared
known to me to be the person whose name
James P. Sutton Jr.
is
subscribed
to the within instrument, and acknowledged to me that
executed same.
Witness My Hand and Official Seal
OFFICIAL SEAL
rl^ BEATRICE BUCKELEW
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires August 30, 1979
he
Assessors Office No. S/o -39/ -/Z3
(FOR RECORDERS USE ONLY)