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Home My WebLink AboutCC RESO 15,709RESOLUTION NO. 15,709 RESCILUFICN OF THE CITY COUNCIL OF THE CITY CIF NATIONAL CITY ACCEPTING COVENANT RINNING WITH THE LAND AND DEFERRAL FOR S 1'l(EEl' IIVPROVEVIQTF AT 1126 "C" AVENUE (L ALZO) BE IT RESOLVED by the City Council of the City of National City that the application of Joseph and Josephina A. Dauzo for deferral of the installation of grading and paving at 1126 "C"AVENUE 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 (thirty) days of a written demand to do so by the City Engineer. PASSED and ADOPTED this 23rd day of August, 1988. George H. aters, Mayor T: APPROVED AS TO FC LVI: George H. Eiser, III -City Attorney CITY OF NATIONAL CITY TO : Honorable City Council c f o City Engineer 1243 National City Blvd. National City, CA 92050 Pursuant to SECTIONS 7 and 8, of CITY ORDINANCE NUMBER 1491, the property Ier(s) or authorized agent(s) nay Take application to the City Council for a 'ERRAL OR EXEMPTION OF STREET IMPROVEMENTS AS REQUIRED THEREIN. When filing for an EXEMPTION, a fee in the amount of seventy-five dollars „MOO) 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 ail property included in the application. Section 1 • NAME(S) OF APPLICANT(S): 1)AUZ , JOSE Pil G .76SAaPH /PJ2. 4 APPLICANTS) MAILING ADDRESS:�1126 es • i¢Yl� /V' Cam• ek ?Zoco HOME PHONE: (,/ 9 T74 ^ 4011 BUSINESS PHONE: ADDRESS OF PROPERTY FOR WHICH ADJUSTMENT IS SOUGHT: fah, 1 / I¢ !/ec /Vt e. ?Zoso COUNTY ASSESSOR'S PARCEL NUMBER: 5-56. S S 1 — Z L/ BOOK / PAGE PARCEL LEGAL DESCRIPTION OF PROPERTY: o'% L 6 2 / 7 or &4!'�_ c. %D . L'P A-,V�' Tow iv C� . �✓ ui fog. ri o Ivy¢ S 7-io.0 %Sat / oved nAefE fL--f-GJ O AV 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: 044-1/ z. U DS E o y . / Dova) <. ro SEPA iN&A THE APPLICANT IS OTHER THAN THE RECORD OWNER OF THE SUBJECT PROPERTY, ACCORDING TO RECORDS OF THE SAN DIEGO COUNTY ASSESSOR'S OFFICE, PROOF OF AUTHORIZATION TO ACT THE OWNERS AGENT !OUST BE SUBMITTED. -1- 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- a'Int inadequacy of the physical conditions of the property to accommodate those .o _ I -nts; or A planned public project or "assessment project" would provide the same imp " ments, or c) The installation of such improvements would cause dangerous or defective -v ditions of the property for a indefinite period beyond five years. d) There is factual evidence that such improvements would not be in the public ;rest because of incompatability with neighborhood design such as interference 1 open space, yards, trees, fences, walls, or parkways, or when a suitable alter- t, e 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 a), b), c), or d), 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 i 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; er 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 -2- 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 were to make the determination, to have as a r,ondition of the deferral number of Section 2C above. �Fction 3 CITY ORDINANCE NO. 1491 PROVIDES: e City Council may grant an EXEMPTION (Applicant will not be required to make provements under this Building Permit) from compliance with these regulations when 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. City Engineer has three (3) weeks from date of submittal of application, to same with recommendations to the City Council. The action of the City Council is• final. City Council determinations and counts are generally mailed to the applicant ''hin 30 days of their receipt by the City Engineer. If you have any 4 :stions 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 Authorized Representative e e g8" 6-6s PM/ijG 19 ) 4uz- Record owner of said property Received by Engineering Dept. Date: - 3- COVENANT RUNNING WITH THE LAND This COVENANT is made by Joseph G. Dauz and Josephine A. Dauz hereinafter eferred 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: Lot 16 and 17 of Block 3 of San Diego Land and Town Co. Sub. of Portion 1/4 Section 154 Rancho De La Nacion. (556-551-22) WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: at 1126 "C" Avenue. 1. Install 49.25 Lineal feet of Portland Cement Concrete Type "G" Curb. 2. Install asphalt Concrete for Gutter. 3. 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' Dated: STATE OF CALIFORNIA County of San Diego On /1-(41,C)r/ A' 191f , before me, the undersigned, a Notary Public in and for said State personally appeared Tcftf N E Qgc/z g-WD Dsefff""F /f j%fr own to me to be the persontwhose names A ft-C subscribed to the within instrument, and acknowledged to me that executed same. Lness My Hand and Official Seal d OFFICIAL SEAL M B VARANO NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires FEB 17, 1992 Engineering Denartment # By: Assessors Office No. JOSEPH G. DAUZ OR JOSEPHINE A. DAUZ 1126 C AVENUE 7 — ((QQ0l NATIONAL CITY, CA 4 92050 Ordertothe f ��ct Reea ti.00pi`c, i 31 9 °C 11IIIIIIIIrIAm1 I MST AS T yufac 1302 EAST PLAZAA K 'SollarsBLw. NATIONAL CITY. CA 02050 (61914749000 708 90-3781 1222 For 1:L22237816i:0708 820'1.22627 u I = • _ N.W. tan-E.vz LOT 2 PLAZA r 1 r 12•!S 1ziA-'g GE) i I2/0-G rato. G - K eager a 21 GD rokeezr CD CD G(s8CD & f t ® POR LOT 3 a 4255 alp :- D QSEC 154 ST OP OSED /Z$ 13 ST 4 I ^7 /Si♦ s• • 2 6 3 is S t6 BLK • 7. • w 4.220 r'S 4 12TM ED CS 55 ,— S-5 e_ 2 4 • BLK • 13 M13 i IA166 mi M V 20 • _® 3y4, I7 3 is IS 14 .+J *3 O 02 �. t1 1 34 ' SOLSO J 20 r IS 4 IV o — > IS - .< • ®3 IS 14 13 - 4 4.7 II .� Res. * 24' 4123, *ra .31. CLSo fail ° STREET OR 1213-0 ‘4� fiai--CLOSED.- • 12/4-6 QSEC' 154 513 e 1215-g GED • ® r✓Z3- • irr 1219-g LI 5.73E f. - :1w° S137 ICI28 §1 aJ A4 y 't s. LINE LOT 4� ST.— MAP 166 MAP 13 — QtAT