HomeMy WebLinkAboutCC RESO 11,882RESOLUTION NO. 11,882
RESOLUTION ACCEPTING COVENANT RUNNING WITH
THE LAND AND DIRECTING THE RECORDING THEREOF
(McMillin)
BE IT RESOLVED by the City Council of the City
of National City that a Covenant granted to the City of
National City by Macey McMillin, Jr. affecting property
at 111 East 30th Street is hereby accepted and the City
Clerk is directed to record the same.
PASSED AND ADOPTED this 28th day of October,
1975.
ATTEST:
ICNF ^'"IN{CGUF CAMPBELL
CITY CLERK
By:
Deputy
COVENANT RUNNING WITH THE LAND
vh•./
This COVENANT is made by PKM, A Partnership, 2 hereinafter referred to as
"OWNER". WHEREAS, PKM, A Partnership, ry\:/1".j is the owner of that certain real property
located in the City of National City, County of San Diego, State of California, described as follows:
Exhibit "A" attached hereto and incorporated herein as though set
forth 'in full.
WHEREAS, said owner desires to be excused from the legal requirement to install curb, gutter, sidewalk
and permanent paving for one-half the street width, on 111 East 30th Street
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 owner covenants for himself and his heirs, successors, assigns, ex-
ecutors and administrators as follows:
1. 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.
2. The property 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 Property owner will install improvements waived upon demand of
City, within 30 days of demand, or City will be entitled to install said
improvements and charge the owner of the burdened property therefor, and
upon failure to pay said charge the -City may maintain an action at law
against the owner therefor.
Said Covenant shall be run with and be a burden on the within described real property.
DATED• April 9, 1976
Signed in the presence of:
W1TNE S
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO)ss
q *,
On 1 , 19.(_ 4,
befo me, a otary Public, personally appeared
mown to me to be the pe on whose name is subscribed
o the within instrument as a witness thereto, who being
y me duly sworn, says: That he resides in San Diego
:ounty, and th t he was present an saw n
who is personally known to him to be the same person
whose name is subscribed to the within instrument, sign
and deliver the same and thathethen acknowledged
to affiant that he executed the same; and that said
affiant subscribed his name thereto as a witness.
OFFICIAL SEAL
BEAT CE BUGS Elr/
ncnbi-oid"toun and State
SAN DIEGO COUNTY
My Commission Expires August 30• 1979
After recording, mail to:
CITY OF NATIONAL CITY
1243 National Avenue
National City, California 92050
NAT'L CITY ENGR.DEPT No Zp ZT
REF .Oi`
BY-r`v.R. DATE DATE
SPACE BELOW FOR RECORDER'S USE ONLY
EXHIBIT 'A'
f
Lots 1 through 20 inclus1ve0infBlock
eet f2 andhtheucaclorll 10.00 feat of "A"
Avenue and the Westerly
in Budd Villa Tract along with the 20 foot Alley;in Block (2clo`edrtodthe
Public per document dated December 19, 1919, Resolution 57l,
February 19, 1975 or file i175e037745; all being in the City of t::_tioeal City,
County of San Diego, State of California according to Hap thereof f1O67
filed in the Office -of the Recorder in the County of San Diego, June 19,
1907.
EXCEPTING therefrom those portions dedicated for public street purposes
by document recorded October 27, 1967, as Fite No. 168030 and 16S031
more particularly described as follows:
BEGINNING at the intersection of the East+rly0line
tofff Nntiona10 } Avenue
with the Northerly line of the Southerly
Quarter Section 152, as shown on said Map of Budd Villa Tract, said
intersection being also a corner in the boundary of the City of '_National
City; thence.Northerly along entd Easterly line of National Avenue to
the point of tangency of a 36.00 foot radius circular arc, concave
Northeasterly, which -is tangent to the.Enoterly line of National Avenue
on the West and tangent of the South to a line parallel with an'40�00
feet Northwesterly, measured at right angles to Line "A",
as after described; thence Southerly and Easterly along snid 36.00 foot
radius circular arc to the point of tangency with said parallel line;
thence along said parallel line to its internectioon with
lththe
the asterlyr
line of the Wenterly.Ealf of.oaid.10 Acre Lot 6, being at
line of. "B" Avenue as shown on said Map of Budd Villa Tract; thence
herly
Southerly s ido0 cid Eot6, saidnpointits
beingtnlnocaicccrnerwith
inl�the be oundary
line of said 10 Acre Lot 6, point
of the City of National City; thence Tdeaterly Along paid Southerly line
to its intersection with the Easterly line of the West Half of theWest Half
of nnid 10 Acre Lot 6, being also along the boundary of the City of National
City; thence Northerly along said Enuterly line and alone said boundary
40.00 feet to a corner in said boundary; thence Westerly along a line
parallel with and 40.00 feet Northerly, measured
at
torigth eanglesunato the
Southerly line of said 10 Acre Lot 6, being ulso
Pointiof Beginning;lLiney"A" beingasterly describedne asof f follows:
Avenue and the
BEGINNING at a point on the Easterly line of National Avenue, distant
thereon 80.00 feet Northerly of the-Southerlyp, linelinetofe saidrid 100ctcre of
Lot 6; thence Northeasterly in a otra_e
the Southerly line of said 10 Acre Lot 6 withofthe
Ennterly linen of a the
.dent '.1nlf of said 10 Acre Lot 6, aid point
5. the intersection of the centerline of "B" Avenue with the center line
�_• of.Thirticth Street.
75 ALSO E:;CEPTING therefrom that portion of the E nuterl.y 10.00 feet of nd
::aid
"A" Avenue and of Lot 9, Block 2 of paid Eudd Villa Tract, lying Southerly
and Westerly of a 20.00 foot radius circular rrc, concave northee.ezerly,
which is tangent to the Eanterly line of the Westerly 30.00 feet of
said Rant Nalf of the West Half of 10 Acre tot 6 on the West and
tangent to the Northerly line of Thirtieth Street on the South.
J