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HomeMy WebLinkAboutCC RESO 10,876RESOLUTION NO. 10,876 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Delta Park Investors) WHEREAS, on October 24, 1972, 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 remove said encroachment upon proper demand, and 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 14th day of November, 1972. ATTEST: CITY CLERK VICE MAYOR ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on Oct. 24, 1972 , the undersigned, the owner of a portion of Lot 69 of a portion of the Ex -Mission Lands of San Diego, Map 283 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 recreational facility for the use and benefit of owner's property, over, under and across that portion of SILL STREET South of the Southerly line of Ducky Lane - 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 remo'\1 or relocation to be done and the cost thereof shall be a lien upon said land. PLAT SHOWING LOCATION aci y S tea. • S-.teofCalifornia ) ss. Cou of San Diego r On , 19 , before me OTARY PUBLIC in a . for said county, residing therein, dul ommissioned and sworn, pers. • . y appeared known to me to described in and whose • ame subscribed to the within instrument, and acknowle. i= d to me t executed the same. the person IN WITNESS WH " OF, I hav• ereunto set my hand and - affixed my Official S- : , at my office in • County of San D go, State of California, the day and year in this tificate firs .ove written. Notary Public in and for the County of San Diego, State of California HIS IS TO CERTIFY THAT THE INT nc ; ;+Y zc:1,11'. r'RO'ERTY CUiv--4 `YED BY THE DEED OR GRANT DA D: Q-6tober':29y,1972 ROM -.-Delta---Park --Irives. o-r O THE CITY OF NATIONAL CITY, A F EPTICAL CORPORATION AND/ R GOVERNMENT AGENCY, IS HERIE • 'ACCEPTED BY ORDER OF iH ITY COUNCIL ONNovember l4,. 1972 At4D iltE CRA TE': CONSENTS TO THE RECORDATION THEFIEOF BY ITS Eli At; t iCRO E, OffiCER. DATED: Nov. 15, 197 U� CITY/CLERK NC Res. 10,876 DATED 96 �t-�'v DELTA LARK. INVESTORS a ioint enture (Signature) OWNER (For Recorder's Use Only) • a STATE OF CA4EORNIA COUNT F .�^' , '5S. C . On ifg , - i/ ! 7t - before me, the undersigned, a Notary Public in and for said County and State personally appeared deer f .0 . ,' 21 ,W(1 //, r,i `( r known to me e of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership ted ame. to b C� /L/c� ynature ± ;8 115 Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP OFFICIAL SEAL EDWARD G. ALBEE NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm ission expires May 23,1974 41 E. 25th St, National City, Calif. 92050