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HomeMy WebLinkAboutCC RESO 10,896RESOLUTION NO. 10,896 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT WHEREAS, on November 21, 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 28th day of November, 1972. ATTEST: 1 ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on Nov. 21, 1972 , the undersigned, the owner of the property located at 200 Highland Avenue 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 pole sign for the use and benefit of owner's property, over, under and across Second Street 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 Conditions: 1. Upon notification in writing by the City Engineer, the above described installation shall be abandoned, removed or re- located by the owner. 2. The said installation shall be maintained in a safe and sanitary condition at the sole cost, risk and reponsibility 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. 4. Any sign attached to existing pole shall meet the requirements of the City sign ordinance. State of California County of San Diego On /"- `� , 19 7 2 , before me a NOTARY PUBLIC in and for said county, residing therein, duly commissioned and sworn, personally appeared Dennis H. Pennell known to me to be the person described in and whose name i s subscribed to the within instrument, and acknowledged to me that he executed the same. ss. IN WITNESS WHEREOF, I have hereunto set my hand and fixed my Official Seal, at my office in National City ounty of San Diego, State of California, the day and year in this ;rtificate first above written. Notary Public in and for the County of San Diego, State of California DATED / ' `'''"1'f (Signature) OWNER / (For Recorder's Use Only) . OD''_L GALYARDT NOTARY PUBLIC Principal Office, San Diego Co. Calif. My Commission Expires September 20, 1975 The Easterly 165 feet of the Northerly 140 feet of 10 Acre Lot 14, Quarter Section 155 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof Number 166, by Morrill, filed in the office of the County Recorder of said San Diego County. Excepting therefrom the Northerly 40 feet and excepting therefrom the Easterly 40 feet thereof. ! I I 'It 4 : GI. \ — • I • 1:1 I y • Ss,._ ••• •C9 ! Cr) 0 :7) •-•,„,_ .._ : > I . I 263.64 WPA--IP37 - -I -...., 7777 i \ ..6 _ __ A \,,, Ei (2f11?2(., 200 13LK 43 ,r> I -a I a