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HomeMy WebLinkAboutCC RESO 15,665RESOLUTION NO. 15,665 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING COVENANT RUNNING WITH THE LAND AND DEFERRAL FOR SaUumT IMPROVEMENT AT 1922 "E" Street (STROUD) BE IT RESOLVED by the City Council of the City of National City that the application of Carl & Lydia Stroud for deferral of the installation of grading and paving at 1922 "E" 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 ADOrIEU this 28th day of June, 1988. r George H. aters, Mayor A.LTEST: Iot}e Campbell, City Clerk APPROVED AS ¶[O FORM: George H. Eiser, III -City Attorney Note recording information and return to: City Clerk of National City 1243 National City Blvd. National City, CA 92050 COVENANT RUNNING WITH THE LAND This COVENANT is made by Carl and Lydia Stroud hereinafter referred to as "OWNERP°. 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: (A.P. 560-251-10) Lot 8 of May No. 1270, Powells Sub. WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: at 1922 E Avenue 1. Install 13' by 50' Portland Cement Concrete Alley. 2. 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 required 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 q 7 2- Dated: L4.4.,.e /7 /y'KZ OF CALIFORNIA County of San Diego On f % 19 /P , before me, the undersigned, a Notary Public in and for said State 1,y personally appeared 4I!c..571eOfe name - zo me to be the person whose subscribed to the within instrument, and acknowledged to me that executed same. Witness My Hand and Official Seal (INDIVIDUAL) STATE OF CALIFORNIA COUNTY OF San Diego SS. On 6-20-88 before me, the under- signed, a Notary Public in and for said County and State, personally appeared **Carl Stroud***** personally known to me (or proved to me on the basis o1 satisfactory evidence) to be the person whose name 1 S subscribed to the within instrument and acknowledged that he executed the same WITNE - my nd a d offic'al se NP-1 (Rey. 4/84) iti!A €. 1 2 Engineering paent ;'1 f 47 Z By: Assessors Of ce No. .4 0_L f -r FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LINDA M. ARVIZU NOTARY PUEUC - CALIFORNIA SAN DIEGO COUNTY y Comm. Expires April 5. 199) Name (Typed or Printed) CITY OF NATIONAL CITY TO Honorable City Council c/o City Engineer 1243 National City Blvd. National City, CA 92050 Pursuant to SECTIONS 7 and 8, of CITY ORDINANCE NUMBER 1491, the property mer(s) or authorized agent(s) may make application to the City Council for a iFERRAL OR EXEMPTION OF STREET IMPROVEMENTS AS REQUIRED THEREIN. When filing for an EXEMPTION, a fee in the amount of seventy-five dollars (S75.00) shall be deposited with the City Treasurer, and a copy of the receipt attached hereto at the time of filing this application. Such fee is non-refundable. When filing for a DEFERRAL OR EXEMPTION the applicant shall attach to the application a copy of a plat map showing the exact boundaries and location of all property included in the application. Section 1 NAME(S) OF APPLICANT(S): co APPLICANT(S) MA LING ADDRESS: HOME PHON %- 477 - o �i,8 BUSINESS PHONE _ ADDRESS OF PROPERTY OR WHICH ADJUSTMENT IS SOUGHT: /2!Z. /�() (L, , .�/1 0, C COUNTY ASSESSOR'S PARCEL NUMBER: • BOOK PAGE PARCEL LEGA DESCRIPTION OF PROPERTY: Len— S OF- Mi6"P J Z74 Mai (71 d roue LLL_� Sty) ACCORDING TO THE RECORDS OF THE LATEST ADOPTED TAX ROLL OF THE SAN DIEGO COUNTY ,ASSESSOR'S OFFICE, THE RECORD OWNER OF THE SUBJECT PROPERTY IS SHOWN AS: IF THE APPLICANT IS OTHER THAN THE RECORD OWNER OF THE SUBJECT PROPERTY, ACCORDING TO rHE RECORDS OF THE SAN DIEGO COUNTY ASSESSOR'S OFFICE, PROOF OF AUTHORIZATION TO ACT AS THE OWNERS AGENT MUST BE SUBMITTED. •z y /3xSo f%e. e. G 47 l 6,17z (Form PW-1491-7) 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 editions of the property for a indefinite period beyond five years. d) There is factual evidence that such improvements would not be in the public .erest because of incompatability with neighborhood design such as interference di 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 that 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, 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 ,,,ten percent of such cost; or 3. The granting of a lien upon the applicants property in an amount to cover e 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; or f 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 Ordinance 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 w re to make the determination, to have as a condition of the deferral number of Section 2C above. Section 3 'ITY ORDINANCE NO. 1491 PROVIDES: tie City Council may grant an EXEMPTION (Applicant will not be required to make nprovements under this Building Permit) from compliance with these regulations when ,t 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 3B The applicant offers the following facts to support his request for EXEMPTION: The City Council will consider this application at the earliest possible date. the 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; 477-1181 EXT. 73). Date, Date Received by Engineering Dept. Date: IO Jo i a•0 / •. 20TH 9 • t0 GO •+s •vs CD 1144-T 3 l76!-Z O COD 42 ©o o a •7• 7. •00 07 CO Q ..s CO 6 a STREET -: l MAP 1270-POWELLS SUE