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HomeMy WebLinkAboutCC RESO 11,792RESOLUTION NO. 11,792 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (805 Melrose Street, Fred L. Lacarra, Sr.) WHEREAS, on May 27, 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 27th day of May, 1975. ATTEST: mil. i� Y.l it. /7, 7 7 2_ ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on :17 t 1 7.s" , the undersigned, the owner of 805 P1elrose Street 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 chain link fence for the use and benefit of owner's property, over, under and across the Sly. 10' of the Nly. 50' of the Ely. 50' of the Nly. 90' of 20 Ac. Lot 1 Qtr. Sec. 131, as noted hereon, 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 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 shall be a lien upon said land. PLAT SHOWING LOCATION Request approval of chain link fence encroaching 10' into the right of way of Division Street at the south east corner of Division Street and Highland Avenue (805 Melrose Street) for a 50 ' length along Division Street. 5o' /0' IA BS 85' .G //,4 7T s of CWG ,y/G//LA/✓O A V ,c'v.P. 4T,P. SEG / 3 i K 20 .a ePe ze 7 I 11/41 / 6 State of California County of San Diego SS. On 7/7 G _ -2i , 19 before me a NOTARY PUBLIC in and for sai� 7county, residing therein, duly commissioned and sworn, personally appeared F ,- 4 , L c t y ,, known to me to be the person described in and whose name S subscribed to the within instrument, and acknowledged to me that h r' .vecuted the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at my office in i;17' 4 / v, r y County of San Diego, State of California, the day and year in this certificate first above written. , MAnt IL- peteC7ti t+Eorwty t�tNtq% fCrAtts++wie.i't • 2 aj.R TM iFtj R; Public in and for the County of San Diego, State of California 3 DATED /Gs2 e/ /� / 9 V-.T c7t (Signature) OWNER (For Recorder's Use Only)