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HomeMy WebLinkAboutCC RESO 11,914RESOLUTION NO. 11,914 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (South Bay Town & Country, Sweetwater Road Right-of-way) WHEREAS, on November 18, 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 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 25th day of November, 1975. ATTEST: �VLt CIT q CLERK ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on , the undersigned, the owner of 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 for the use and benefit of owner's property, over, under and across 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 cw W 'I'?jltls .LIT'tvtr,�. State of California County of San Diego ss. On , 19 , before me a NOTARY PUBLIC in and for said county, residing therein, duly commissioned and sworn, personally appeared known to me to be the person described in and whose name subscribed to the within instrument, and acknowledged to me that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at my office in County of San Diego, State of California, the day and year in this certificate first above written. Notary Public in and for the County of San Diego, State of California r.ANTiNG Ex] r 5- T .I N South Bay Town & Country, a California general partnership DATED October 24, 197,5 ^'; ;,• By: National Center, Ltd:;; ati'l->:mited part- ner ship By: La Jolla Develapr ien Company, general ner (Signature 0,WNE (For Recorder's; -R. By: Collins Developrrreht,Company, general partner �--By:4G,, BZ'^.rn _A.Nk STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO ) On October 24, 1975 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 Exec. Vice Pres. & Sec'y. of La Jolla Development Company , 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. 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 & Country , and acknowledged to me that such corporation executed the same as such partner, and such first partnership executed the same as such partner and that such second partnership executed the same. WITNESS my hand and official seal. r Alice E. Menas STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO -) OFFICIAL SEAL ALICE E. MENAS NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires February 20, 1978 On October 24, 1975 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 Anne M. Burke known to me to be the Assistant Secretary of Collins Development Company , 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. 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 & Country , and ,. acknowledged to me that such corporation executed the same as such partner, and such first partnership executed the same as such partner and that such second partnership executed the same. I, WITNESS my hand and official seal. Alice E. Menas OFFICIAL SEAL ALICE E. MENAS NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires February 20, 1978