HomeMy WebLinkAboutCC RESO 11,146RESOLUTION NO. 11,146
RESOLUTION ACCEPTING ENCROACHMENT. REMOVAL
AGREEMENT
(McMillin's Bonita Park Unit No. 1)
WHEREAS, on August 7, 1973, 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 recommendations of the Planning Department, and
WHEREAS, the applicant has executed an encroach-
ment agreement with the City of National City promising to
comply with other requirements of the Planning Department
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 7th day of August, 1973.
ATTEST:
N. C. Res. No. 11,146
ENCROACHMENT REMOVAL AGREEMENT
In accordance with the action approved by the City Council on August 7, 1973the undersigned, the
owner of McMillin's Bonita Park Unit No. 1
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 landscape wall (see * below)
for the use and benefit of owner's property, over, under and across a portion of Sweetwater Road
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.
*Landscape wall behind sidewalk on Sweetwater Road adjacent to
McMillin's Bonita Park Unit No. 1. (Street and sidewalk im—
provements shown on City of National City drawing numbers
897—D, 898—D, and 899—D. Location and detail of landscape
wall shown on the Landscape Plan for McMillin's Bonita
Park Unit No, 1, on file at the City of National City,
California.)
State of California )
County of San Diego )
ss.
OFFICIAL SEAL
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My C3mmissinn Expires December 20. 1976
On July 27 e ore mea
PUBLIC in and for said county, residing therein, duly commissioned
and sworn, personally appeared Macey L. McMillin, J r .
known to me to be the person
described in and whose name subscribed to the within
instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
ffixed my Official Seal, at my office in Nat'— b n a 1 City
iounty of San Diego, State of California, the day and year in this
;ertificate first above written.
Notary Public in and for the County
of San Diego, State of California
DATED July 27, 1973
MC MILLIN CONSTRUCTION CO., INC.
to
By : ,1'11(i,f. tom/ , Win; 4l ,/.
(Signatpis)cey L. McMilad i tR Ji ,
Presld(MtRecorder's Use Only)
RESOLUTION OF THE BOARD OF DIT:%.CTOR S O
McMillin Construction Co., Inc.
RESOLVED, that the President of the Corporation be and is
hereby authorized and directed to execute, on behalf of the
Corporation, construction loans, assignments of property and
do all acts and things which may be deemed necessary or
advisable in order to carry out the purpose of this Resolution.
I, the undersigned, being duly elected and acting Secretary
of McMillin Construction Co., Inc., a California Corporation,
do hereby certify that the above and foregoing is a full, true
and correct copy of a Resolution of the Bow d f Directors of
said Corporation passed at a Board of Direc ors meet4ng hel on
October 13, 1971. C'
E ward
Secretary