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Home My WebLink AboutCC RESO 14,743RESOLUTION NO. 14,743 RESOLUTION ACCEPTING COVENANT AND DEFERRAL OF STREET IMPROVEMENT AT 2427 VAN NESS AVENUE (MYERS) BE IT RESOLVED by the City Council of the City of National City that the application of Stanton L. and Mary E. Myers for deferral of the installation of improvements at 2427 Van Ness 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 improvement within 30 (thirty) days of a written demand to do so by the City Engineer. PASSED and ADOPTED this 17th day of Ses•er, 1985. Kile organ, "or ATTEST: Ion = Campbell, City Cl APPROVED AS TO FO$M: 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 NUM ER 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): �%llA/ ,L• 7 ft/4.taf APPLICANT(S) MAILING ADDRESS: „,W7 1L7i1/1UE15725. HOME PHONE: y%S f'f BUSINESS ADDRESS OF PROPERTY FOR WHICH ADJUSTMENT IS SOUGHT: h YEies Cr) 1/4-7 ) **C4. PHONE: St( yVG 4/ COUNTY ASSESSOR'S PARCEL NUMBER: Shy 6'� .2,40 BOOK PAGE PARCEL LEGAL DESCRIPTION OF PROPERTY: L/ 39t2 ,Z//4000.fiflA,WX 44- /75y oc d92S`y7 07) 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: S. L_ 2 Z. iv/ (4--7j) IF THE APPLICANT IS OTHER THAN THE RECORD OWNER OF THE SUBJECT PROPERTY, P.000RDING 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 conditions of the property for a indefinite period beyond five years. d) 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, walls, or parkways, or when a suitable alter- nate 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 deferr 1 be granted on th basis. (Cross out a), b), c), or , whichever do not ap 1y). Section 26 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: I. 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 .- ter 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. (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 moaey 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 cl 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). /7Xe 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 Authorized Representative Date Received by Engineering Dept. Record 'paler Go COVENANT RUNNING WITH THE LAND This COVENANT is made 5y Stanton L. & Mary R. Myprs (&J ) referred �'!:�E �:� �,..,�E� is the owner 0• i�� that certaina to �„ ,,.,,, �;� n r hereinafter ��nnar ty locate: n the City of National City, County of San Ciego, State of California, del,cri`led as follows: Lot 390, Lincoln Acres Annex 113 Map 111754 WHEREAS, said c.•iner desires to be excused from the legal requirements to install the following improvements: at 2427 van Ness Ave. 1. Install 65 lineal feet of Portland Cement concrete type "G" curb. 2. Install 65 lineal feet of Portland Cement concrete sidewalk and driveway. 3. Install 1200 square feet of asphalt paving (3") over base (8"). 4. 1200 square feet of sand and seal over asphalt paving. 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 ztrators 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. 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 writtE demand to do so by the City Engineer. Page 1 of 2 (Form I"d-1491-9) • Dated: - - d75" STATE OF CALIFORNIA ' County of San Diego On n�—�„.z , before me,. the undersigned, a Notary Public in and for -said -State personally appear' jjt„al .> i r h known to me to be the persons whose names___ subscribed to the within instrument, and acknowledged to me that executed same. Witness_ily Hand.and Official Seal Engineering Department# By: Assessors Office No. STANTON L. MYERS MARY E. MYERS 2427 VAN NESS AYE. 475-9496 NATIONAL CITY, CALIF. 92050 PAY TO THE ORDER OF CALIiORNIn NATIONAL CITY OFA,C .,ylr 1 ST 7! Fast BB158o t ... P.O.Box . -Wr - FIRST SANKRC�' CmUo n o MEMO 22200490i:007ii4018010 5046 A/ O L{ARS 5046 90-49/f222 Pie 2 of 2