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HomeMy WebLinkAboutCC RESO 11,740RESOLUTION NO. 11,740 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Pepperhill Apartments, 924, 930, 938 & 946 "N" Avenue, Edward G. Albee) WHEREAS, on March 25, 1975, 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 promising to comply with other requirements of the Planning and En- gineering Departments of the City of National City; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts that certain document entitled "En- croachment Removal Agreement" and directs the City Clerk to record the same together with the attachments thereto. PASSED AND ADOPTED this 25th day of March, 1975. ATTEST: CITY ;QLERK ( ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on--rLtvr-e-L r s /97,1the undersigned, the owner of Pepperhill Apartments, 924, 930, 938 & 946 "N" Avenue 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 install and maintain a temporary A/C cap and burm for the use and benefit of owner's property, over, under and across the ten foot section on which the permanent improvements have been deferred by the City. (See section A covenants and agrees with the City of National City as follows: dia ra (1) Upon notification in writing by the City Engineer, the above described installation shall be abandoned,iremoved or relocated by the Owner. (2) The said installation shall be installed and 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 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 chall be a lien upon said land PLAT SHOWING LOCATION N 19°Dos oo'W 13y.ly N AJe.14 JE. State of California County of San Diego On March 20 , 1975 , before me a NOTARY PUBLIC in and for said county, residing therein, duly commissioned and sworn, personally appeared Edward G. Albee known to me to be the person described in and whose name i s subscribed to the within instrument, and acknowledged to me thathe executed the same. ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at my office in National City County of San Diego, State of California, the day and year in this certificate first above written. OFFICIAL SEAL MARILYN M. HO13SON NOTARY PUS Fa:CALIFORNIA SA Mr Commission Expires D miry A' Iic in and for the County go, State of California tPp,Rt<tNCr DATED March 20, 1975 Pepperhill Apartments GenPar ner gnature) ,j OWNER (For Recorder's Use Only) ,