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Home My WebLink AboutCC RESO 15,712RESOLUTION NO. 15,712 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL H THECITY LAND AUTHORIZING THE MAYOR TO EXECUTE A COVENANT RUNNING WITFOR STREET IMPROVEMENT AT SOUTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE (STEPHEN C. KERCH AND N.C. LTD.) BE IT RESOLVED by the City Council of the City of National City that the application of Stephen C. Kerch and N.C. Ltd., for deferral of the installation of grading and paving at Southeast corner of Plaza Boulevard and Euclid Avenue is granted subject to the following conditions: The filing with the Engineering Department of the City of National City, and recordation with the Office of the San Diego County Recorder, of a Covenant Running with the Land, to be recorded by the City Clerk of the City of National City. A copy of said agreement is attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement attached hereto as Exhibit "A." PASSED and ADOPTED this 23rd day of August, 1988. ATTEST: 9 Ion Campbell, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney George H. Waters, Mayor Requested By ATTORNEY WHEN RECORDED MAIL TO: KRD Developing Resources, Inc. 3904 Groton Street San Diego, CA COVENANT RUNNING WITH THE LAND This Covenant is made this 1 day of August, 1988 by and between STEPHEN C. KERCH and NC, LTD., a California Limited Partnership hereinafter collectively referred to as "Owner" and the CITY OF NATIONAL CITY hereinafter referred to as "CITY". WHEREAS, City sold to Owner on ,Qutu.a 3 , 1988 that certain real property located in the City of National City, State of California described as follows: Portion of the North one-half of the Northeast one -quarter of the Northwest one -quarter of the Southwest one -quarter of Quarter Section 106, Rancho de la Nacion in the City of National City, County of San Diego, State of California, according to Map thereof Number 166, by Morrell, filed in the Recorder's Office of Said County 11, May, 1869, more particularly described in Exhibit "A" attached hereto and made a part hereof. WHEREAS, Owner desires to develop the above -referenced property and desires to obtain from the City a deferral from installing the following improvements: 1. Construction of 135 lineal feet of 12'x10' Reinforced Concrete Box. 2. Construction of 65 lineal feet of double 12x5.5' Reinforced Concrete Box. 3. Construction of 66 inch RCP at approximately 180 L.F. and connection to concrete box. 4. Construction of a reinforced concrete transition structure. 5. Demolition of existing concrete wingwalls and existing open concrete channel. 6. Appurtenant earthwork, surveying, traffic control, etc. 7. Final design of said improvements to be determined by a licensed engineer acceptable to both City and Owner. NOW THEREFORE in consideration for the granting by City to Owner of a deferral to install the above -referenced improvements the parties agree as follows: 1. Owner will not protest the installation of the above - referenced improvements under 1911 Improvement Act program whether initiated by Owner or the City. 2. Owner will install said improvements in conjunction with an overall improvement program of the area whether initiated by Owner or the City. 3. Owner shall install the above -referenced improvements within twenty-four (24) months of the recording of the deed transferring title to the property described in Exhibit "A" from City to Owner. If said improvements have not been installed within said twenty-four (24) month period Owner will install said improvement within Sixty (60) days of a written Notice by City addressed to owner to do so. 4. This Agreement shall run with the land and shall be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns the parties hereto. Executed the date first appearing above at San Diego, California. NC, LTD., a California Limited Partnership By: KRD Developing Resources, Inc. a California Corporation GENERAL P. By: By: STEPHEN C.7 KERC 11/7- /��C---/Cpew-/pc,,. City of National City A Municipal Corporation krd.agr EDIT "A" Portion of the North roe -half of the Northeast one-gpa, ter of the Northwest aye -quarter of the Southwest O-garter of Quarter won 106, RanOho de la Nacion, in the City of National City,Cbunty of San it the e of California, acoordin9 to Map thereof No. 166, by Morrill, filedoffice of the Cbunty Recorder of San Diego Cournty► May 11, 1869, described as follows: said ring at the Northwest icorner of the aforesaid Southwest one -quarter of d Quarter Section 106; thence North 72' 05' 15" Fast along the northerly line of said Southwest one-guarter 470.4 feet, more or less, to oyt1 Easterly line of Euclid Avenue, "line Tine Point of Beginning": ence leaving said Northerly line Southerly along the said Easterly line of said Eauciid Avenue the following cases and distances: South 22°29'32" East, a distance of 96.94 feet, North 60° 41' 43" East, a distance of 9.87 feet, and South id ° 57' 20" Fast to an East ianonterly along said dSoutherly ly line to an aforesaid North one-half; thence intersection with the Easterly line of said North one-half; thence Northerly along said Easterly line to an intersection with the aforesaid Northerly line of aforesaid Southwest aye -quarter of aforesaid Quarter Section 106; thence SoutterlY along said Northerly line to the "True Point of Beginning". i an easement for drainage purposes described as follows: The Southerly 30.00 feet of the Northerly 55.00 feet thereof. And also ExCEPTIZ T±E'M a 20 foot easement for drainage purposes the centerline describers as follows: Beginning at a point an the Southerly line of said North aye -half - distant, thereon S72' 04' 45"W 1.00 foot from the Southeast corner thereof ; tLe roe N39 51'08"W 118.58 feet to the Southerly line of the Northerly 55.00feet of said North one-half. Said easement being 20 feet in width, 10 feet either side of aforesaid centerline, the said easement exterior lines being lengthened or shortened to begin in the Southerly line of the 55 feet of aforesaid North aye -half and end in the Easterline of said North one-half. I • STATE OFCALIFORNIA SAN DIEGO Iss. n COUNTY OF ) On August 5, 1988 before me, the undersigned, a Notary Public in and or ^.said State, personally appeared STEPHEN C. KERCH personally known to me (or proved to me on the basis of sahs factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature / "g- 271 ` STATE OF CALIiAAN N l/DIEGO COUNTY OF 55 • 0 AUGUST 5, 1988 le o`e., said State, personally appeared STEPHEN C. KERCH f- A.R. REED TIE 70 a VICE—PRESIDaNTdicretiW onbehalf of_ LL F_. President and o'.. KRD DEVELOPING RESOURCES, INC. OFFICIAL SEAL ANNE M. PETERSON NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires July 26, 1991 (This area for official notarial seal) Iss. ) , before me, the undersigned, a Notary Public in and for and personally known to me (or proved to me on the a ' basis of satisfactory evidence) to be the persons who executed the within instrument as m C 0. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature LA.+.-P OFFICIAL SEAL ANNE M. PETERSON NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires July 26, 1991 (This area for official notarial seal)