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HomeMy WebLinkAboutCC RESO 11,569RESOLUTION NO. 11,569 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Retaining Wall, Bonita Park Unit #2 [McMillin]) WHEREAS, on August 20, 1974, 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 20th day of August, 1974. ATTEST: ;9, (((/// DepuCity Clerk He, //,_ ? ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on Aug. 20, 1974, the undersigned, the owner of McMillin's Bonita Park Unit No. 2 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 masonry garden wall for the use and benefit of owner's property, over, under and across Sweetwater Road within the subdivision boundaries of McMillin's Bonita Park Unit No. 2 (#7974). 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 :elocation to be done and the cost thereof shall be a lien upon said land. ?LAT SHOWING LOCATION ;ee Plot Plan State of California County of San Diego ss. , 19 9 7` , before me a NOTARY PUB said county, residing therein, duly commissioned and sworn, personally appeared /0/9de-}/ 4, /12e."i/LL//1% known to me to be the person described in and whose name is s}ibscribed to the within instrument, and acknowledged to me that 7G executed the same. PUBLIC On 1.LL in and —aft. s 9 IN WITNESS WHEREOF, I have hereunto set my hand and fixed my Official Seal, at my office in /t/A?/d/UA,42'/7% .�..- )tiirty—of ,Sarr13ieber-Frtete r{ifornia, the day and year in this ificate first"3b6v@lvriitelt� JUL!E D. H; RPASON 2.,:r NOTARY PU3LiC - CALIFORNIA 1 EPINCIPAL OF- IN SAN DIEGO OU Y / My Cgmmission Expires Freetr' c�;;GZ//1�bIZ rI[y'Public in and for the County of San Diego, State of California DATED August 8, 1974 MC MILLIN CONSTRUCTION CO., INC. (Signature) R PI;£51i3f9vT (For Recorder's Use Only) „.. ilftef 0 • _ _ . - •-• - j 1 • Fairiomas Road .._ ......_. f 4 ,• I, 1".•.-t 1,..j,, : gi.te.,7t,.,,,ioa,tk.. ' '. ------ -- ' i I ' ' : ;,,,• . ..14..'• ! -,.:' .il. I .i,,,1 1 .4..' ,,/,, ,' t• . . , , 1 . .. : I / i i , Pz. • i ''' :.: . . ' . f ; ,f .... 1 I . court . • ,...., , recreation I 1 t • 4'4. 'of; 1 j tennis . . pool • . : .,. . ;:. ,.... . building : I 1 Ii:.-I / I. L, . , : ,... A Loi Ko+ite. -r" • -1 ;•• • 7 I i ,........t i . t t [-..• • I• ,. . . V.., / - ii .._.... , . . ., I , v 1. n • •-•-, II/I ;1 hk..a" Sweetwater Road 7 ...'1•• ' ... t '‘ ' • • • — / ,• '‘...,_ ___guesw-• __ --t• —___.•••• ark I ..f2/_-_;/,<:•-"/"./Y---" ,•'' ./.., /,'-, ..,,,,, % -,14--//'-•,-, 'N\ - •• t". -,:. i ,•-• , 7 - , • —4-- 4 ' kr 0' • j 1.0T 1.41 ft--ouNL:*y 1$), f 7.k •l' '611 .40