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Home My WebLink AboutCC RESO 15,664RESOLUTION NO. 15,664 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING COVENANT RUNNING WITH THE LAND AND DEFERRAL FOR STEE T IMPROVEMENT AT 1141 EAST 2ND STREET (VERDIN) BE IT i<iSOLVED by the City Council of the City of National City that the application of Marcos & Maria T. Verdin for deferral of the installation of grading and paving at 1141 East 2nd Street is granted subject to the following conditions: The filing with the Engineering Department of the City of National City a Covenant Running with the Land recorded by the City Clerk of the City of National City, providing: 1. The owner will not protest the installation of any of the required improvements under 1911 Improvement Act program whether initiated by the property owners or the City. 2. The owner will install said improvements in conjunction with an overall improvement program of the area whether initiated by the property owners or the City. 3. The owner will install the required improvements within 30 days of a written demand to do so by the City Engineer. PASSED and ADO.E'ni) this 28th day of June, 1988. ATTEST: Io e Campbell, City Clerk APPROVED AS TO FORM: George H. ters, Mayor Section 2 CITY ORDINANCE NO. 1491 PROVIDES: The City Council may allow a DEFERRAL of the improvement work required hereunder when it is shown to its satisfaction that: a) It would be impractical to install the improvements because of a perm- anent inadequacy of the physical conditions of the property to accommodate those improvements; or b) A planned public project or "assessment project" would provide the same improvements, or c) The installation of such improvements would cause dangerous or defective inditions of the property for a indefinite period beyond five years. d) There is factual evidence that such improvements would not be in the public terest because of incompatability with neighborhood design such as interference th open space, yards, trees, fences, walls, or parkways, or when a suitable alter- ite method of providing the same amenities has been assured or when it is obvious chat less than 50% of the street frontage in the same block, between intersecting streets, will be similarly improved within the next five years. Section 2A It is the opinion of the applicant that a), b), c) or d) applies, and it is respectifully requested that a deferral be granted on that basis. (Cross out yQ, b),', or whichever do not apply). Section 2B The applicant offers as additional explination of Section 2A above, the following: -Section 2C In granting a DEFERRAL, the City Council may, as a condition thereof, require the following: 1. The deposit with the city of a sum equal to the estimated cost of the im- provements plus ten percent of such cost; or 2. The deposit of a bond equal to the estimated cost of the improvements plus In percent of such cost; or 3. The granting of a lien upon the applicants property in an amount to cover le estimated cost of the improvements plus ten percent of such cost; or 4. The payment of an in lieu fee equal to the City Engineer's estimate to the value of the exempted work; dr 5. The recording of a "Covenant Running with the Land", providing: a) The property owner will not protest the installation of any of the required improvements under a 1911 Improvement Act program whether initiated by the property owners or the City; and b) The property owners will install said improvements in conjunction with an overall improvement program of the area whether initiated by the property owners or the City; and c) The property owner will install the required improvements within 30 (thirty) days of a demand to do so by the City Council or its authorized represen- tative. (NOTE: The 0rdinance states that "The cost of enforcing such a covenant including (Form PW-1491-7) attorney's fees will be added to the lien amount due the City and shall be collectable as any other money claim".) Section 2D The applicant would desire, if he were to make the determination, to have as a condition of the deferral number of Section 2C above. Section 3 CITY ORDINANCE NO. 1491 PROVIDES: The City Council may grant an EXEMPTION (Applicant will not be required to make improvements under this Building Permit) from compliance with these regulations when it finds that: a) It would be impractical to install the improvements because of permanent inadequacy of the physical conditions of the property to accommodate }those improve- ments; or - b) The installation of such improvements would cause dangerous or defective conditions of the property for an indefinite period beyond five years; or c) There is factual evidence that such improvements would not be in the public interest because of incompatability with neighborhood design such as interference with open space, yards, trees, fences, wall and parkways. Section 3A It is the opinion of the applicant that a), b) or c) applies, and it is re- spectfully requested that an exemption be granted on that basis. (Cross out a), b), or c), whichever do not apply). Section 36 The applicant offers the following facts to support his request for EXEMPTION: The City Council will consider this application at the earliest possible date. fhe City Engineer has three (3) weeks from date of submittal of application, to forward same with recommendations to the City Council. The action of the City Council is. final. City Council determinations and comments are generally mailed to the applicant within 30 days of their receipt by the City Engineer. If you have any questions or need help in the preparation of this application, the Design Division of the Engineering Department will render all possible assistance. (Telephone: 474-8528; 47.7-1181 EXT. 73) . Date Date Received by Engineering Dept. A �ize'd -Representative /� ut or er of said property Date: 60// fe COVENANT RUNNING WITH THE LAND This COVENANT is made by Marcos and Maria T. Verdin hereinafter referred to as "OWNER". WHEREAS OWNER is the owner of that certain real property located in the City of National City, County of San Diego, State of California, described as follows: (556-092-35) Easterly portion of Lot 11, 12 & 13 of Block 4 of Jordan's Subdivison Map #175. WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: at 1141 E. 2nd Street. 1. Install 75 Lineal feet of Portland Cement Concrete Type "G" curb. 2. Install 75 Lineal feet of Portland Cement Condrete sidewalk. 3. Install one pedestrian ramps per standard. 4. Install 1500 square feet of asphalt concrete, base and seal. 5. Excavation and grading associated with the above. NOW, THEREFORE, in consideration for the granting of a deferral to install said improve- ' ments by the City Council of the City of National City, said owner covenants for themselves and their heirs, successors, assigns, executors and administrators as follows: 1. The owner will not protest the installation of any of the reauired improvements under 1911 Improvement Act program whether intiated by the property owners or the City. 2. The owner will install said improvements in conjunction with an overall improvement program of the area whether initiated by the property owners or the City. 3. The owner will install the required improvements within 30 (Thirty) days of a written demand to do so by the City Engineer. Page 1 of 2 Dated: ATE OF CALIFORNIA County of San Diego ) On T/V E Jc, 19 q, before me, the undersigned, a Notary Public in and for said State i personally appeared 4/1(05 "E49/4/ /tl/I€/i4 / known to me to be the person whose name /q/1F subscribed to the within instrument, and acknowledged to me that executed same. Witness My Hand and Official Seal ALFROFEDFICIAL SEAL RZ NOTARY PUBLIC-CAJ�LIFFORRNIA SAN DIEGO COUNTY MY COMM. EXP. DEC. 27,1989 Engineering Department 1! 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