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HomeMy WebLinkAboutCC RESO 12,481RESOLUTION NO. 12,481 RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Nicita - 2043 E. 5th Street - condition of a deferral of street improvements) BE IT RESOLVED by the City Council of the City of National City that a Covenant granted to the City of Nationdl City by John Anthony Nicita and Mary Madeline Nicita affecting property at 2043 E. 5th Street is hereby accepted and the City Clerk is directed to record the same. ATTEST: PASSED AND ADOPTED this 4th day of October, 1977. CITY 7CLERK COVENANT RUNNING WITH THE LAND This COVENANT is made by John Anthony Nicita and Mary Madeline Nicita hereinafter referred to as "OWNER". WHEREAS John Anthony Nicita and Mary Madeline Nicita is the owner of that certain real property located in the City of National City, County of San C :go, State of California, described as follows: Metes and bounds description (see Attachment "A") WHEREAS, said owner desires to be excused from the legal requirement to install the following improvements: 1130 sq. ft. of base and paving on the North Half of 5th Street fronting on lot at 2047 East 5th Street. ten (10) for a period of fixamti* years, on April 26, 1977 ; NOW, THEREFORE, in consid- eration for the granting of a deferral to install said improvements 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 under a 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 p ;ram of the area: whetherinitiated by the property owners or the City. 3. The owner will install said improvements within thirty (30).days of demand. 5. DFnC 1. of 9 Dated: 1 Ali' SATE OF CALIFORNIA County of San Diego On ' J 19 , before me, the undersigned-, a Notary Public in and for said State, personally appeared known to me to be the person whose name that subscribed to the within instrument, and acknowledged to me executed same. Witness My Hand and Official Seal r OFFICIA SEAL BEATRICE BUCKELEW svoit rusuc CALIFORNIA FRYNCIPAL OFfTCE IN SAN DIEGO COUNTY My Commission Expires August 31r, 1979 Engineering Department# 3730 By: Assessors Office No. 557-060-11 (FOR RECORDER USE ONLY) Page 2 of 2 0 The Easterly 61.07 feet'•(measured along the Northerly line) of the following described property. That portion of the East Half of the West Half of the West Half of the East Half of 30 Acre Lot 2, Quarter Section 13O Rancho de la Ilacion, in the City of National City, County of San Diego, State of Cali foenia, ace.or:l_ng to the ;fap thereof No. 166, fled in the Office of the Recorder of said San Diego Co Nulty ;lay 11, 1369 described as follows: Con,ilencing at the Northeast corner of said East Half of the 1,7: st Half of the West Half of the East Half of said 30 Acre TOL 2; thence S ut-f1€. ly along the ;.-ste:'ly line thereof, dietaece of 170.00 feet to the t.ue .)Ot:-!t of beg;ein'.n; of the herein described )ro,)erty, Je` '. e4' ., , n;, the S., t•il e_s t.:r ly corner of land conveyed to Willard E. Christian by deed dated .Iove::tber 10, 1954- and recorded in. Book 5L37, pace 97 of Official .ecords• thence Westerly along the Southerly line of said Christ an's laded and the Southerly line of land conveyed to Geor8e, E.Eu ns, et al, by deed dated Argil 12, 1354 and rec)rtied in 3oo=: :ae �41 of 0_"fic!al R. co_'ds, a distance o: 111.07 feet to the Southw�>te:'l co ner o: said urn' s l , ' � Y ,. any; .,_)e:)c Igo? t;.e.ly alon3 l,i e des t'-'-�' ! _n•_ of eaid Earn'S land, a •lie tance of 20.00 feet to the Southeasterly corn4 of land conveyed to "rank_ J. Lutke, et f, Ly d'Eed dated JITtt ie 2R, 19 i 'yid -ex) .led _n Too_! 4!151 pae 352 of 0_ "ic='�1 .J�co_ de; t.'1?fire '': t ,1-_ a the - ) 1 '. VLi :�j alone' UJ.t. Southerly l i ee o_' .::-? d :.itt;'e's 1,115, a 1;:cr_l of - 1 DO 'Ct2 co t vecteel corner t:;e::'eof, i:e_n`_ a >o: - t 1-7JWesterlyne So ftS - e - � t'e line of sa'a = _st Half of t:.e West Half of the West Half of the East Half of said 80 Acre Lot 2; thence Southerly a'_ong said Westerly line, a distance ce of 161.76 feet to an 1;'e. t•.;rly p eolonseatio'l of the Northerly line of 1r_n i conveyed to 5.11 e'ia rearr ey deed dated March 9, 19;5 = ld rc. o 'ded in }per 50 2, Oa. e 36 of Official Records; thence Easterly along said 1; :s erly prolongation and said N y d Northerly line of �=.ar•ey's lend, a dst.:nee of 166.05feet to the Nort":r_-._sterly comer of ,>rid Tee y's land being a ?Dint on said Eesterly line of sad . st Half of the West Half of the West Half of the East Half of^said 30 . -+Cif? Lot 2; thence Northerly alone:.C^Q F.-_sLC=3'1Y lien a dtst'_.;ce of 141.82 feet to tee t.',e -o'_nt of CH1'J L G f om r-ea .[.ip�.`.�, C o", _. t._ f en 7: of l i ns witein 'c.i.n_ ,.:_cs of the eliopeety.dcFceiled as follc.:s: Commencing at the Northeast t, corner of ea'd E= st Half of the ,West Half of tee West Half of the Eest Half of said 80cre Lot 2; ;hence Southerly * aloes r. Easterly t � ,, the �_ „er•ly line �.,,__'eof, a distaece of 1/0.00 feet to the Southeasterly corner of land conveyed to Willard E Ci=ristnan by deed Dated :.ovanLer 10, 19i4 al-i _ _ ;„_'red in F.00% f487, pate 97 of Off'ciel `'`-cordonce cee _eefeee an-; the sa::e coil: ce a distance of 1_i. 2 f `et 0�f pace l Y Heft 5 the true point of l.eLlnnThL; thence Westerly and pa:-allel with the Southerly line of raid East 1-alff a distance of 87.99 feet -to a point of tang,,:ncy with a 10.00 foot Tadlua curve; thence Nor':1 Westerly aloe , the arc of said CU?Ne concave Northerly t.hrou ;h - a central and o of 43° 20' ?0 , a G' stance of 7.5r feet to a point of tai:;;ency with a /45.00 foot :'a:i_us curve; thence ;*<orti-,t:esterly along the a_'c of said curve concave Southerly tl,rouji a central ancle of 106° 57, 111" a distance of 81t.00 feet to the Sout1,i:est corner of Earl L. and Jee:-,nie M. 7.oys yrol;ert;) according to L.00L E' 2J, iai e 231 of Official Reco ci.^.;� thence Fasterl aion6 the Southerly line of said pw perty a distance of . 7 i . �' feet to the Sou i heaterry corner of said Ro;,'s property pet ty to ing a point on said Easterly line of said East Falf of the West Half or the West Half of the East Half of said 80 . c'•e I•ot 2; thence Northerly alonz said Eis ter11y line a distance of 10.00 feet to the true point of beginning.. r,'.fi. r.1 1�ki ..�:`1 ( 4 ) €.: Z' 373o