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Home My WebLink AboutCC RESO 10,418RESOLUTION NO. ' 10,418 RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Shell Oil Company) WHEREAS, on July 13, 1971, the matter of an en- croachment 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 ATTEST: 3rd day of August, 1971. When recorded, return to: CITY CLERK OF NATIONAL CITY 1243 National Avenue National City, Calif. 92050 ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on July 13, 1971 , the undersigned, the owner of S/E Corner of Highland Avenue at 18th Street in tite 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 one pump island cover on Highland Avenue and one pump island on 18th Street for the use and benefit of owner's property, over, I•redert and across the. 10setback line on Highland Avenue and the 10' setback line on 18th 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 the Owner. (2) The said installation shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility F 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 ith said land and shall be binding on the assigns and successors of Owner. Should Owner or his successors fail to remove or relocate One 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 State of California County of SDie:o P/opascd. (-4...--.02:d.r50?‘*2443)4 45-O, O/ On 1 - to 19 22_. , before me a NOTARY JBLIC and er said county, residin therein commissioned .d sworn, personally appeared 7i . ' knddrn-to me to be the pers scribed in and whose name �— subs_ 'bed to the within atrument, and acknowledged to me that executed the same. IN WITNESS WHEREOF, _ affixed my Official Sea County of San Diego, $two certificate first above w "rten,, s I have hergtnt et my -.hand and alifornia the ida Lasd ar in MORAL RO NO NOTARY PUBLIC - CALIFORNIA PRINCIPAL OF ICE IN SAN DI si t,UNTY xpi 3, 1474 Notary Public in and for the County of San Diego, State of California N.C. Res. No. 10,418 Legal description attached. 1 N -< DATED Xc,- gnature) OWNE (For Recorde • se Only) Lots 1 to 6 inclusive, together with the Westerly 25 feet of Lots 15 to 20 inclusive, in Block 1 of Frank P. Reed's Subdivision of the north half of 20 acre Lot 2 in Quarter Section 133 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 90 filed in the Office of Recorder of said San Diego County, July 8, 1887. Also together with that portion of the alley as vacated and closed in said Block, lying Northerly of the Westerly prolongation of the Southerly line of said Lot 15. (The Southeast corner of Eighteenth Street and Highland Avenue, National City). 1 When __. ._"dee, _,_fair: CL:_2 NATIONAL CITY ° lilt 1243 National A\. nue National Ci ly, Calif. 92050 ENCRG.1Cii.MENT RE.`,:o\'AL .AGREEMENT N.C. Res. No. 10,418 C i:. Co.cil on oJuly l3, 1971 , the undersigned, the In accordance \fill the action �:pp oAaaTi OV `3., .; Street owner of S/E Corner of Highland --.V� "lot San SDie o State o: California, in consideration of the grant of permission in the City of National City, County of - Highland the City of National City to instal; and maintain one pu.a p island cover on Avenue, and one pump island on 18th Street. the 10' setback line on Highland Avenue for the use and benefit of owner's property, over,:- and across and the 10' sPtback line on 18th St:act 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 11 said land and shall be binding on the assigns and•successors of Owner. Should Owner or his successors fail to remove or relocate installation herein permitted within•thirty (30) days after notice of removal or relocation, City may cause such removal or )cation to be done and the cost thereof shall be a lien upon said land. .AT SHOWING LOCATION : S ,te of California ss. Cou of San Diego On , 19 , before me :: "OTARY PUBLIC in a • for said county, residing therein, dull commissioned and sworn, perso • .11y appeared known to me to • - the person escribed in and whose ame - subscribed to the within istrument, and acknowle -d to me f xecuted the same. 1-',;1'x5"). ;�r/,N �rr�sr-r. IN. WITNESS WHE1 OF, I have eunto set my hand and affixed my Official Sea at my office -in County of San Die.•, State of California, the • and year in this certificate first ove written. Notary Public in and for the County of San Diego, State of California Legal 4eArription attached. DATED AUGUST 16, 1971 SHELL OIL COMPANY (Signature) E. C. (.assler OWNERM rketir gaaetSider's Use Only) STATE OF CALIFORNIA )SS. CITY AND COUNTY OF SAN FRANCISCO ) On this //, day of / ry<Ae/.-c7 , 197 / , before me, MARY A. BOLAND, a Notary Public in and for said City and County and State, residing therein, duly commissioned and sworn, personally appeared � (2, 11955 G.EW known to me to be the ,0-7,9RA, r,,J - Mnager, Western Marketing Region of Shell Oil Company, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi- cial seal the day and year in this certificate first above written. ,',LS AL MARY A. BLAND, Notary Public State of lifornia My Comission Expires February 12, 1973. yla Lots 1 to 6 inclusive, together with the Westerly 25 feet of Lots 15 to 20 inclusive, in Block 1 of Frank P. Reed's Subdivision of the north half of 20 acre Lot 2 in Quarter Section 133 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 90 filed in the Office of Recorder of said San Diego County, July 8, 1887. Also together with that portion of the alley as vacated and closed in said Block, lying Northerly of the Westerly prolongation of the Southerly line of said Lot 15. (The Southeast corner of Eighteenth Street and Highland Avenue, National City).