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Home My WebLink AboutCC RESO 11,849RESOLUTION NO. 11,849 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (South Bay Town & Country Shopping Center) WHEREAS, on August 19, 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 promis- ing 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 26th day of August, 1975. ATTEST: SD 14936 7-11=75 ENCROACHMENT REMOVAL AGREEMENT In accordance with the action. approved by the City Council on August 19 1975 , the undersigned, the owner of South Bay Town and Country Sopping Center, according to tentative map thereof approved October 15, 1973, 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 instal/ and maintain a commercial building above an existing 36" diameter storm drain for the use and benefit of owner's property, over, under and across an easement 10.00 feet in width, located 5.00 feet either side of the centerline of the above described storm drain, which easement and storm drain are to be granted to the City of National City on the final sub- division map of above described South Bay Town & Country Shopping Center, yet to be recorded, 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, for any and all damages to,said building caused by the structural collapse of said storm drain or its associ- ated trench backfill, and for any and all damages to said storm drain caused by the construction of said building above said storm drain. (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 install- ation herein permitted within thirty days (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 36" diameter storm drain at a new elevation and location, in lieu of abandoning, removing, or relocating subject commercial building. PLAT SHOWING LOCATION NhV z1R s ,�.�./J.� --m I / 'EA/7: l� �e�7P 50 `e.fi �q2 / 71' 19'39"E - 35.87' i1/18'4OW" A/-loO.OD' N71'19'39"E-1442' St 3G"0 57-ORM DRAW IN /0' EA 5EMENT PRO, osED /-3T0Ry C27MMERC/4L 8LOG. N N.32'56'20"W -30.44' Tin Z-Ateo-oovriE- 111 25.37' N77'3 9G7' ;EftN�e •• 130. �' fib►/" • 116 , EJ \\. SWEET `PATER '9 o �.a j40.00 " TOAD 4 a9 m r k N y DATED SOUTH BAY TOWN & COUNTRY, a Partnership By: NATIONAL CENTER, LTD., a Limited Partnership By: LA JOLLA DEVELOPMENT COMPANY, a California Corporation, as General Partner By: - By: arr Co resi•ent Ja 7 . Thornton, Jr. E cutive Vice President & Secretary By: COLLINS DEVELOPMENT COMPANY, a California Corporation, as General Partner 'Tyler Miller,4eV7,drat e President ecretary (For Recorder's Use Only) SD 14936 7-11-75 Page 2 SD 14936 7-11-75 Page 3 STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO ) On C11 before me, the undersigned, a Notary Public in and for said State, personally appeared Harry A. Collins, known to me to be the President and Jack W. Thornton, Jr., known to me to be the Executive Vice President & Secretary of La Jolla Development Company, a California Corporation, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation; said corporation being known to me to be one of the partners of National Center, Ltd., a Limited Partnership, the partnership that executed the within instrument and acknowledged to me that it executed the same as a general partner of the partnership first above named, that said partnership executed the same as a partner of South Bay Town and Country, a Partnership, and acknowledged to me that such corporation executed the same as such partner, and such first partnership exec- uted the same as such partner and that such second partnership executed the same. WITNESS my hand and official seal. 4 /Iilce k. %'(elNr�s QFPTCIIAt SEAL ALICE �o ALICE E. MENAS NOTARY PUBLIC • CALIFORNIA ;PRINCIPAL OFFICE IN SAN DIEGO COUNTY fAv'f�Hi9B_ gRfIkr3 Fobrvary 20, 1978 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. On • tie WIC `1 C before me, the undersigned,_a._Notary __Public in and fo said State, personally appeared Harry A. Collins, known to me to be the President and E. Tyler Miller, Jr., known to me to be the Vice President and Secretary of Collins Development Company, a California Corporation, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation; said corporation being known to me to be one of the partners of National Center, Ltd., a Limited Partnership, the partnership that executed the within instrument and acknowledged to me that it executed the same as a general partner of the partnership first above named, that said partnership executed the same as a partner of South Bay Town and Country, a Partnership, and acknowledged to me that such corporation executed the same as such partner, and such first partnership exec- uted the same as such partner and that such second partnership executed the same. WITNESS my hand and official seal. at -tee E, H N. i}S OFFICIAL &At. ALICE E. MIENAS NOTARY PUBLIC CALIN:MIA PRINCIPAL JPFtC! IN SAN OIEGO COUNTY My Commission !ROM I ntri JA.-