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HomeMy WebLinkAboutCC RESO 2017-211RESOLUTION 2017 — 211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AGREEMENT WITH KD12, LLC, TO CONSTRUCT A RETAINING WALL INTO A PUBLIC UTILITY EASEMENT IN THE SOUTHERLY THREE FEET OF THE LOT LOCATED ADJACENT TO THE WESTERLY SIDE OF THE PROPERTY AT 910 EAST 12TH STREET WHEREAS, KD12, LLC, has proposed a multi -family apartment building to be constructed on Lots 23 and 24 in Block 1 of Austin Heights, according to the map thereof Map 1938, recorded in the Office of the County Recorder on September 3, 1926, Assessor Parcel Numbers 561-011-06-00 and 561-011-07-00; and WHEREAS, during the review of the title report and Map No. 1938, it was discovered that there was an easement for public utilities along the southerly three feet (3') of the lots and the proposed plans show a retaining wall is to be constructed in the easement that would limit the construction of future utilities in said easement; and WHEREAS, because the construction of the building and parking lot will cause a retaining wall to encroach into a public utility easement, an Encroachment Permit and Agreement is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby accepts and authorizes the Mayor to execute an Encroachment Permit Agreement with KD 12, LLC, to construct a retaining wall into a public utility easement in the southerly three feet (3') of the lot located adjacent to the westerly side of the property at 910 East 12th Street (Assessor Parcel Numbers 561-011-06-00 and 561-011-07-00). PASSED and ADOPTED this 7ch day of November, ? 17. on Morrison, Mayor ATTEST: Michael R. Dalla ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on November 7, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of Natio .I City, California City CI-rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-211 of the City of National City, California, passed and adopted by the Council of said City on November 7, 2017. City Clerk of the City of National City, California By: Deputy