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HomeMy WebLinkAboutCC RESO 16,230RESOLUTION NO. 16,230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING COVENANT RUNNING WITH THE LAND AND DEFERRAL FOR STREET IMPROVEMENT AT 2229 VAN NESS AVENUE, FOR THE UNIMPROVED HARBISON AVENUE ON THE EAST SIDE (MR. M.D. GARCIA/ A.P.N. 558-330-02) BE IT RESOLVED by the City Council of the City of National City that the application of Mr. M.D. Garcia for deferral of the Harbison Avenue improvement along the east side of 2229 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 improvements within 30 days of a written demand to do so by the City Engineer. PASSED and ADOPTED this 24th day of April, 1990. ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, City Attorney • Jo — George H. Waters, Mayor III COVENANT RUINING WITH THE LAND This COVENANT is made by MATIAS D. GARCIA, BERTHA GARCIA, AND JOSE TELLECHEA hereinafter referred to as "OWNERS". WHEREAS OWNERS are the owners of that certain real property located in the City of National City, County of San Diego, State of California, described as follows: PORTION OF LOT 361, LINCOLN ACRES ANNEX NO. 2 MAP NO. 1748 (APN 558-330-02) WHEREAS, said owners desire. to be excused from the legal requirements to install the following improvements at 2229 Van Ness Avenue, fronting future Harbison Avenue: - 66 Lineal feet 6" Type "G" curb and gutter. - 330 Square feet of sidewalk. - 1221 Square feet of asphalt concrete pavement and base. - Additional improvements which could consist of a drainage system, and other necessary improvements. NOW, THEREFORE, in consideration for the granting of a deferral to install said improvements by the City Council of the City of National City, said owners covenant for themselves and their heirs, successors, assigns executors and administrators as follows: 1. The owners will not protest the installation of any of the required improvements under 1913-15 Improvement Act Program whether initiated by the property owners or the City. 2. The owners 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 owners will install the required improvements within 30 (Thirty) days of a written demand to do so by the City Engineer. Date: 72, STA. OF MIAITirNLA County of -Can Dico „ ..)z_rbeia` On s-auk..49._ 19,90 , before me the undersigned, a NotAry Public in and for said State pPrsonally appear.4 knovn to me to he the person whose name subscribed to the within instrument, and acknowledged to me that executed same. Witness Fly Pend. and Official SPP1 STATE OF CALIFORNIA COUNTY OF cerft444-' CIO"' OFFICIAL SEAL LINDA STEPANOVICH NOTARY PUBLIC — CALIFORNIA CONTRA COSTA COUNTY My cos" ewes August 27.1993 88. Nsh....,.\\NS\%\h".\\‘....\\NNS.\\\\\\ OFFICIAL SEAL LINDA STEPANOVICH NOTARY PUBLIC — CALIFORNIA CONTRA COSTA COUNTY My COmmtsf•on Holm August 27. 1993 Y011)MILICNAMYWV.I.T5•17— On this 51" day of)M640--9"— ,in the year t I'10 , before me, a NotatJTublic State f California, 0-4•40-1- duly commissioned and sworn, rsonally appeared . • . • ... . , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person .•rr.-whose name — subscribed to this instrument, and acknowledged that. . . . he. .. executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the C4S 717tr.7 County of on the date set forth above in this certificate. This document is only a general tom which maybe proper for use in simple transactiore and in no way act& or is intended so act, as a substitute for the advice on an attorney. The printer does not make wry wartanty, either express or inpfied as to the legal validly of any provision or the suitability of these forms in any specific transaction. ry Public, State of California My commission expires e2-71 114-1 Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 83) INDIVIDUAL) FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA