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Home My WebLink AboutCC RESO 14,934RESOLUTION NO. 14,934 RESOLUTION DENYING DEFERRAL OF STREET IMPROVEMENTS AT 611 "D" AVENUE (ERIC AND LUZ NERI) WHEREAS, the City Council has received the recommendations of the City Engineer to deny deferral of street improvements at 611 "D" Avenue, and WHEREAS, it appears in the Council's and the City's best interest to pursue the necessary street improvements at said location, and WHEREAS, the City Council chose to deny request for exemption of required street improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that request for deferral of street improvements at 611 "D" Avenue is hereby denied. PASSED and ADOPTED this 6th day of May, 1986. ATTEST: Campbell, City erk PROVED AS TO FORM: l.� George H. riser, III -City Attorney "STATEMENT OF UNDERSTANDING" (IMPROVEMENTS) This "STATEEIE\T OF I1VDERSTANDING" is made by QJ 14j hereinafter referred to as "OWNER". WHEREAS, *te- Ntff property located in the City of National City, County of San Diego, State of California, commonly described as & l 1 ( 1 is the owner of that certain real WHEREAS, said owner desires to obtain a Building Permit in compliance with Ordi- nance Number-1491, of the City of National City. NOW, THEREFORE, in consideration for the granting of such Building Permit, the owner does acknowledge on his behalf and on the behalf of his heirs, successors, assigns, executors and administrators as follows: 1) The OANER will be required to construct those public improvements listed below prior to the issuance of a "CERTIFICATION OF OCCUPANCY" on those works completed under the Building Permit issued, unless: a) the O,ANER makes application for Deferral of Exemption from such public improvements; and b) The CITY, in full compliance with the stated intent of Ordinance Number 1491, has granted such Deferral or Exemption; and c) Such written agreements, posting of bonds, fees or other sureties as are required in conjunction with any Deferral have been fully executed. 2) The Director of Building and Housing, from the information furnished by Owner, has determined the valuation cf the Building Improvement Permit to be $ (9°``' 3) The City Engineer has determined, from the permit valuation, that the follow- ing public improvements are required to meet the minimum improvement require- ments for public rights -of -way as adopted by the City Council under Ordinance 1491. Carr) Vf-T- a) Lineal feet of Portland Cement Concrete Type " C" Curb =.37 5.0 b) Lineal feet of Portland Cement Concrete Sidewalk ands.c. VI c) Square feet of Asphalt Concrete, Base ii, Seal d) Such other work as is noted hereon I issWil vv:) Ada) Page 1 of 2 The Engineer has determined, from the permit valuation, that the estimated cost of the above improvements,p+tr '10) ierccnt of .such cost may not vti_ exceed $ Said STATEMENT OF UNDERSTANDING shall run with and be a burden on the within described real property. Dated: Signed in the presence of: Engineering Department Number f b Reference By: Date: .Cs Cf BY Agreement need not be recorded with the County Recorder, furnish copies to: 1) Owner 2) Director of Building F Housing 3) Property "DATA SHEET" File FORM PW-1491-3 Page 2 of 2 1 - So 0 SIXTH tr, 100 . ,,, 1.3 I Si ZSJ 25 0 c4 2 00 c4 —, ( ...)2 I " 40 II 21 ell 12. NOM= a I ••12.50 BLK 0 23 1 8 1 6_1 11 12 1 70- @7-1 2 CD4 16 9 ,u.., 1 4 -7. --.:55 u, N 65 u, 35 Izs 71 3 25I..- 100 .....!.; 0 — W CO R LOT 9 1' I in 4o 1 4o SEVENTH 80 70 0 0 14 0 125 55 1 01° 56 0 TS : 50 45 N 0 45 8o co tn't:'01 4,2.50 .0.99 AC ' • tn. (•,3 80 75 • 50 . 42.50 • 4.2 50 EIGHTH 0 euv.‘c,RE. SAN DIEGO COUNTY ASSESSORS MAP BOOK .55..PAGE ..35 LLJ 8o 14 N 8 I 252 '' ;51 25 ' - 4. rg" aDIP, 25 lin.D 0 100 0 G.G.. aft ul N 41 N 1P-°' _ a. 0 3 1260 es 0 ,a 1_1_ 9' 231 I z 0 2 _ a BLKO5 4 _1 lg. _ _ 85 6 i --1 X' ts 1 CO ir, 1/ I 25 12 , 0 X,Nm TD-7 0 .drii lir cl s. 8 1-1 ,2.50. " _. r4 9 Q 0 v. 1 ..4, 10 85 14,13 0 25 N i 00 ST 5 a 0 :25 0 a 100 0 o 10o \..50 to %II 0 5o 76 TO, tn 4 150 0 0 75 ® 1/4 SEC u, 9 In cs1 160 ST. 80 80 I N _C) 2 3 BLK5 6 0.72 AC 7 • j 9 I 100 10 87.50 C)144 87.5o 37. I25 0 155 ,2,5_ 5c 10 75 C.) 75 5( B50 PLICT- This COVENANT is made by COVENANT RUNNING WITH THE LAND EPTC NERI AND T,TT7 NRRT-TTTTSRANI AND WIFE hereinafter referred to as "C:4NER". iflIE"SAS O'. ER is the owner of tho that certain real prnrPrty locate( 1 the City of National City, County of San Diego, State of California, decribed as folio::: Lot 3, Portion of Lot 4, and portion of 24 of Block 1 of DB 23 PG 465 - Morse Sub. (556-351-02). - WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: At 611 "D" Ave. 1. Install 37.5 Lineal Feet of Portland Cement Concrete Standard Gutter. 2. Install 25 Lineal Feet of Portland Cement sidewalk. 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 undE 1911 Improvement Act program whether initiated by the property owners or the City. 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 writtE demand to do so by the City Engineer. Page 1 of 2 (Form PW-1491-9) • Dated: April 10, 1986 STATE OF CALIFORNIA ' County of San Diego 0n April 10 - 19'86 , before-me,_the undersigned, a Notary Public in and for -said -State personally appeared ERIC and LUZ NERI subscribed to the within instrument, and acknowledged to me that executed same. name S are they .ditness_iiy Hand.and Official Seal UCE W. LOVE ' 345 E. Eighth St. National City, CA 92050 API INI ERIC W. NERI LUZ A. NERI 605 D. AVE. 474-3603 NATIONAL CITY, CA 92050 PAY TO THE ORDER OF Y 2r--�cxlL� ANKOFAMERICAKA" NATIONAL EAST EIGHTH ST0171 STREET 2 5 NATIONAL CITY, CA 92051 'moot raz--,JEffl.ne MEMO L2200066Li: L5901110L?L2p10560011' - rnuC C UI known to me to be the person whose OFFICIAL SEAL BRUCE W. LOVE i mod. • a1• ,1 Notary Public -California f /2 Principal Office In San Diego County My Comm. Exp. Apr, 10, 1988 Enginee'[ Dcgf rtment# 444'3 By: Assessors ffice No. ' a j ,aQC 1590 16-66/1220 DOLLAR 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 owner(s) or authorized agent(s) may make application to the City Council for a DEFERRAL OR EXEMPTION OF STREET IMPROVEMENTS AS REQUIRED THEREIN. When filing for an EXEMPTION, a fee in the amount of seventy-five dollars ($75.00) 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): rfL r G W Alok_ r APPLICANT(S) MAILING ADDRESS: 6os Z3UGl % G, - 2_z'�� HOME PHONE: 44 71.1 6.,c53 BUSINESS PHONE: ZZ-S 31C 6i/ ) �, ADDRESS OF PROPERTY FOR WHICH ADJUSTMENT IS SOUGHT: ,M T/ c YA- - C./ T % , c 4 • c% 2 COUNTY ASSESSOR'S PARCEL NUMBER: S7S7 — 3 - 7 -6 BOOK PAGE PARCEL LEGAL.DESCRIPTION OF PROPERTY: LOT 3 ) Vo RIot OF 1 - 4) PsAn • F 11D L-OT 2.4 - cj..r___ 1 e2,- t) \ 44S - Mor2.se_ Sum . 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: 51e-/c . G« z_ A7Ezl IF THE APPLICANT IS OTHER THAN THE RECORD OWNER OF THE SUBJECT PROPERTY, ACCORDING TO THE RECORDS OF THE SAN DIEGO COUNTY ASSESSOR'S OFFICE, PROOF OF AUTHORIZATION TO ACT AS THE OWNERS AGENT MUST BE SUBMITTED. , (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 .onditions of the property for a indefinite period beyond five years. d) There is factual evidence that such improvements would not be in the public nterest because of incompatability with neighborhood design such as interference iith open space, yards, trees, fences, walls, or parkways, or when a suitable alter - late method of providing the same amenities has been atsured 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 26 The applicant offers as additional explination of Section 2A above, the following: RewErA y i-i is `i u S i E»icL�4'f( 71- 42).217 e54/ fell-/Z- ,()J /7 ( c.'/ L c L-f >-��z� '2 c= >re . S.46/6 OP / ,-r,4?{) J ,E-«4:J Section 2C In orantina 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 the 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 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. ( Ir. I The Ordinance states that "Theicost of enforcing such a covenant including z (Form PW-1491-7) (NOTE: 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 ma 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 i practical to install the improvements bedause of permanent inadequacy of the physi al conditions of the property to accommodate those improve- ments; or - b) The installation 'ef 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). action 3B The applicant offers the following fac'ts to support his request for EXEMPTION: The City Council will consider this application at the earliest possible date. The City Engi -er has three (3) weeks from date of submittal of application, to forward same ,rith recommendations to the City Council. The action of the City Council is final. Ci y Council determinations and comments are generally mailed to the applicant with' 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 Authorized Reprt'sentative ' Record owner of said property Received by Engineering Dept. Date: _ a