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HomeMy WebLinkAboutCC RESO 16,149RESOLUTION NO. 16,149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING DEFERRAL OF INSTALLATION OF STREET IMPROVEMENTS AND AUTHORIZING THE RECORDATION OF A COVENANT RUNNING WITH THE THE LAND ON THE PROPERTY AT 530 THELMA WAY WHEREAS, pursuant to Chapter 13.22 of the National City Municipal Code, Benjamin D. Bastida and Flora Bastida are required to install certain street improvements as a condition of obtaining a building permit to construct some improvements to their property at 530 Thelma Way, at a cost of approximately $13,000; and WHEREAS, said street improvements include removal and re- placement of existing deteriorated curb, gutter and sidewalk in front of the subject property, at a cost of approximately $1,300.00; and WHEREAS, Benjamin D. Bastida and Flora Bastida have requested a deferral from the required street improvements, in accordance with Chapter 13.22 of the Municipal Code, and the City Council at their meeting of January 9, 1990, has considered their request, the documentation supporting their request, and the staff report and recommendation of the Engineering Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the requested deferral is granted for the following reasons: It would be impractical to require these improvements to be installed at this time. BE IT FURTHER RESOLVED that the deferral is granted on the condition that the owners execute a Covenant Running with the Land to install said improvements in the future upon the occurrence of certain specified events, and the City Clerk is authorized to record the Covenant Running with the Land with the San Diego County Recorder. PASSED and ADOPTED this 9th day of January, 1990. Georg Waters, Mayor ATTEST: Lor Anne Peoples,tity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COVEN= RUNNING WITH THE LAND This COVENANT is rude by F.EJAMI J 141JD FLORA V;AST(Dfi hereinafter referred to as "C4;I'A r . WHEREAS EAS C' NrR is the owner of that certain real property locatedin the City of National City, County of San Diego, State of California, describes': as follows: SEE ATTACHMENT "A" 5' aEAS, said owner desires to be excused from the legal requirements to install the following improvements: 50 lineal feet of sidewalk and 50 lineal feet of Type "G" curb and gutter No , Tr*onrir.C,RE, in consideration for the granting of a deferral to install said imorovenents by the City Council of the City of National City, said owner covenants for 71-0 . S E L V E S an heirs, successors, assigns executors and Tl�t2 a 1-inistratorE as follaus: 1. The owner will not protest the installation of any of the required improvements under 1 S11 or 1913 Improvement Act Program whether initiated by the propertyowners 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 Date: S^_ OF C LIFC PJ T A County of San Diego on **December#*5.19,89 `OYe me, * Benjamin D. Bast Notary a and Public in and for said State personally app.arec= Flora Bastida**** kn,,,,1 to me to be the person whose name *****are******* su',scri he d to the within instrtr!ent, and acknowledged to rate that ******they********** execute • Witness i•y Hand and Official Seal OFFICIAL SEAL y , CARIE L. WOODS NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY •,•� My Commission Expires June 12, 1990 rie L.Woods Exp. June 12, 1990 Encineering Department ;` By: Assessor's Office No. FOR'RECORDER USE ONLY Page 2 of 2 ATTACHMENT "A" LEGAL DESCRIPTION The Northerly 50.00 feet of the Southerly 170.00 feet of all that portion of the Westerly 330.00 feet of the Southwest Quarter of Quarter Section 104 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof by Morrill, No. 166, filed in the office of the County Recorder of San Diego County, May 11, 1869, lying Southerly of the Easterly prolongation of the Southerly line of Lot 60 of Rancho Hills Unit No. 5, according to Map thereof No. 2475, and Notherly of the Easterly prolongation of the Southerly line of Lot 64 of said Rancho Hills Unit No. 5, and Easterly of the most Easterly line of said Rancho Hills Unit No. 5. i MARIPOSA ''1— PL. I ao sc 40 MARIPOSA ST . THELMA 40 170 i 059 AC i70 0 0 trt ST. 16 .‘,t,.. ,00 j I AVE. — 0 ti'17 o a • o �� 896Ji e.l 350 0 2.50AC PER NAT_ MCP 58 \ :J 58 SAN DIEGO COUNTY ASSESSOR'S MAP BOOK.669. PAGE 04. MAPPED FOR ASSESSMENT PURPOSES ONLY 70 70 650 65 - 8o •` 4 80 .1 B4• - Ai/8'28,8 i% SE COR LOT 60 MAP 2475 SO 3/2 530 THELMA WY 0.. 46 - f► 0 m RACHAEL m 60 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): 'I 0P-t"\W 0 11A.STI DB 4' FL -CPA BASTIDA APPLICANT(S) MAILING, ADDRESS: 530 Tti-EL-hn r wy, Nlk-TtONM— G-CY, cM HOME PHONE: Li-6S - 3' 1 S �9) BUSINESS PHO"1E: (6i4) 6q /- 4' 2.35 ADDRESS OF PROPERTY FOR WHICH ADJUSTMENT IS SOUGHT: .5730 uiky COUNTY ASSESSOR'S PARCEL NUMBER: 669 oyo 7_14 ' BOOK PAGE PARCEL LEGAL DESCRIPTION OF PROPERTY: see 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: JA.N.0.1 zL FLORA B6S7-10fl 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 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 deferral be granted on that basis. (Cross out a), (, X, or , whichever do not apply). Section 2B The applicant offers as additional explination of Section 2A above, the following: NONE 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 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 money claim".) Section 2D The applicant would desire, if he were to make the determination, to have as a condition of the deferral number 5 of Section 2C above. Section 3 CITY ORDINANCE N0. 1491 PROVIDES: The City Council may grant an EXEMPTION (Applicant will not be require • "o make improvements under this Building Permit) from compliance with these r-gulations when it finds that: a) It would be impractical to install the improvements b- ause of permanent inadequacy of the physical conditions of the property to acc• date those improve- ments; or - b) The installation of such improvements would ca e dangerous or defective conditions of the property for an indefinite period b= and five years; or c) There is factual evidence that such improvements would not be in the public interest because of incompatability with neighbood design such as interference with open space, yards, trees, fences, wall a parkways. Section 3A It is the opinion of the applicant that a), b) or c) applies, and it is re- - spectfully requested that an exemptiobe granted on that basis. (Cross out a), b), or c), whic'-ver do not apply). Section 3B The applicant offers t - 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). 7-II-got Date Date d owner said property Received by Engineering Dept. Date: 21(DLM ATTACf NT "A" LEGAL DESCIPTION The Northerly 50.00 feet of the Southerly 170.00 feet of all that portion of the Westerly 330.00 feet of the Southwest Quarter of Quarter Section 104 of Rancho de la Nacion, in the City of National City, County of San Diego, State of riiifornia, according to Map thereof by Morrill, No. 166, filed in the office of the County Recorder of San Diego County, May 11, 1869, lying Southerly of the Easterly prolongation of the Southerly line of Lot 60 of Rancho Hills Unit No. 5, according to Map thereof No. 2475, and Notherly of the Easterly prolongation of the Southerly line of Lot 64 of said Rancho Hills Unit No. 5, and Easterly of the most Easterly line of said Rancho Hills Unit No. 5.