HomeMy WebLinkAboutCC RESO 11,128RESOLUTION NO. 11,128
RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND
AND DIRECTING THE RECORDING THEREOF
(Delta Park Investors)
BE IT RESOLVED by the City Council of the City
of National City that a Covenant granted to the City of
National City by Delta Park Investors affecting property
at intersection of Delta Park Lane and Delta Street, is
hereby accepted and the City Clerk is directed to record
the same.
ATTEST:
i
PASSED AND ADOPTED this 17th day of July, 1973.
a<r C
CIT CLERK
COVENANT MIMING WITH THE LAND
This COVENANT is made by Delta Park Investors hereinafter referred to as
"OWNER". WHEREAS, Delta Park Investors 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 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 Intersection of Delta Park Lane and
NOW, THEREFORE, in consideration for the granting of a deferral to install said improvements by tel8Py arVaT o '
the City of National City, said owner covenants forthems.e3.ves and their 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.
4. Property owner will
Said Covenant shall be run with and
guarantee performance of the
DATED July lb, 1973
Signed in the presence of:
Lloyd V. Hill
WITNESS
�U
1
deposit surety bond in the amount of $2500 to
be a burden on the within described real property.
covenants contained herein.
DELTAtPe K INVESTORS, a limited
pan
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss
On July 16 19 73
before me, a Notary Public, personally appeared
Lloyd V. Hill
known to me to be the person whose name is subscribed
to the within instrument as a witness thereto, who being
by me duly sworn, says: That he resides in San Diego
County, and that he was present and sow
Macey L. McMillin, Jr.
who is personally known to him to be the same person
whose name is subscribed to the within instrument, sign
and deliver the some and that he then acknowledged
to affiant that he executed the same; and that said
affiant subscribed his name thereto as a witness.
.o.
NotctTrDG it.a7I<Fa'said Cou ty and State
JULIE D. HARRISON
"' NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
BY te-t
Mace McMillin, Jr.,
Gene Partner
After recording, mail to:
CITY OF NATIONAL CITY
1243 National Avenue
National City, California 92050
NAT'L CITY ENGR. DEPT No
REF VELTR Prot.T2 16. -s .
BY 1 `D'R.DATg,273 173 CKD DATE
SPACE BELOW FOR RECORDER'S USE ONLY
My Commission Expires December 2a, 1976
l XitS i`` "A°'
PA 34
That portion of Lot 69 of a portion of the Ex -Mission Lands of San Diego
(commonly called Horton's Purchase), in the City of National City, County of
San Diego, State of California, according to the Map thereof No.. 283, filed
in the office of the Recorder of said San Diego County, March 9, 1878, des-
cribed as follows:
Beginning at a point on the East line of said Lot 69, distant thereon 222.75
feet South of the Northeast corner thereof; thence West 561.00 feet; thence
at right angles South 23.00 rods to the intersection of the North line of the
land conveyed by John B. Steele to Julius A. Rice, by Deed recorded in Book
45, Page 392 of Deeds; thence East along the North line of the land so conveyed
to said Rice 561.00 feet to the East line of said Lot 69; thence North along
the last mentioned line to the Point of Beginning.
EXCEPTING therefrom the North 310.00 feet of the East 300.00 feet thereof.
ALSO EXCEPTING therefrom that portion thereof, lying within the following
described tract of land:
Beginning at a point 165.00 feet North of the Southeast corner of Lot 67 of
said Ex -Mission Lands of San Diego; thence West, parallel with the South line
of said Lot 67, a distance of 569.25 feet: thence Soutl3 at right angles,
382.80 feet to the Southeast corner of a parcel of land described in Deed to
J. J. Hughes, dated September 12, 1883, and recorded in Book 44, Page 478 of
Deeds, records of said County, being also the Northeast corner of a parcel of
land described in Deed to Henry John Kropp, recorded April 25, 1923, as Docu-
ment No. 14399, in Book 931, Page 406 of Deeds; thence along the East line
of said Kropp's land, South 00°23'05" East, 20.00 feet to a point in a line which
is parallel with and Southerly 20.00 feet, measured at right angles from the
Southerly line of said Hughes land, above referred to, said point being the
TRUE POINT OF BEGINNING; thence continuing along said East line, South 00°23'05"
East, 232.00 feet; thence North 89°55'25" East, 50.00 feet; thence North
°23� " West, 00 05 ..mot, parallel with said East line of Kropp's land, 211,$9 feet tc the
beginning of a tangent 20.00 foot radius curve concave Southeasterly; thence
Northeasterly along said curve 31.52.feet through an angle of 90°18'30" to a
point of tangency in a line which is parallel with and 20.00 feet Southerly,
measured at right angles, from the Easterly prolongation of the Southerly line
of said Hughes land above referred to: thence South 89°55'25" West along said
parallel line 70.11 feet to the TRUE POINT. OF BEGINNING.
ALSO EXCEPTING therefrom that portion thereof described as follows:
Beginning at the Easterly terminus of that course and distance above described
in Exception 2 designated "North 89°55'25" East, 50.00 feet"; thence South
89°55'25" West, 50.00 feet; thence South 00°23'05" East along said,East line
of said Kropp's land and the Southerly prolongation thereof, to a point in the
Westerly prolongation of the North line of said Julius A. Rice's land above
referred to; thence Easterly along said Westerly prolongation and along said
-6025 North line to a point in a line which bears South 00°23'05" West from the Point
-471647 of Beginning; thence North 00°23'05" West to the Point of Beginning.
Page 1 of 3
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ALSO EXCEPTING therefrom those portions thereof. described as follows:
PARCEL A:
The North 145.00 feet of that portion of Lot 69 of a portion of the Ex -Mission
Lands of San Diego (commonly called Horton's Purchase), in the City of National
City, County of San Diego, State of California, according to the Map thereof
No. 283, filed in the office of the Recorder of said San Diego County, March 9,
1878, described as follows:
Beginning at a point on the East line of said Lot 69, distant thereon 222.75
feet South of the Northeast corner thereof; thence West 561.00 feet; thence
at right angles, South 23.00 rods to the intersection of the North line of the
land conveyed by John B. Steele to Julius A. Rice, by Deed recorded in Book
45, Page 392 of Deeds; thence East along the North line of the land so conveyed
to said Rice 561.00 feet to the East line of said Lot 69 thence North along
the last mentioned line to the Point of Beginning.
EXCEPTING therefrom the East 351.00 feet thereof.
ALSO EXCEPTING therefrom that portion thereof lying within the following
described tract of land:
Beginning at a point 165.00 feet North of the Southeast corner of Lot 67 of
Said Ex -Mission Lands of San Diego: thence West, DaYdlle1 with the South line
of said Lot 67 a distance of 569.25 feet: thence South at right angles, 382.80
feet to the Southeast corner of a parcel of land described in Deed to J. J.
Hughes, dated September 12, 1883, and recorded in Book 44, Page 478 of Deeds,
records of said County, being also the Northeast corner of a parcel of land
described in Deed to Henry John Kropp, recorded April 25 s 1923, as Document
No. 14399, in Book 931, Page 406 of Deeds; thence along the East line of said
Kropp's land, South 00°23'05" East, 20.00 feet to a point in a line which is
parallel with and Southerly 20.00 feet measured at right angles from the Southerly
line of said Hughes land, above referred to, said point being the TRUE POINT OF
BEGINNING; thence continuing along said East line, South 00°23'05" East, 232.00
feet; thence North 89°55'25" East, 50.00 feet: thence North 00°23'05" West
parallel with said East line of Kropp's land, 211.89 feet to the beginning of
a tangent 20.00 foot radius curve concave Southeasterly; thence Northeasterly
along said curve 31.52 feet through an angle of 90°18'30" to a point of tangency
in a line which is parallel with and 20.00 feet Southerly, measured at right
angles from the Easterly prolongation of the Southerly line of said Hughes
land, above referred to; thence South 89°55'25" West along said parallel line,
70.11 feet to the TRUE POINT OF BEGINNING.
PARCEL B:
The East 50.00 feet of that portion
Lands of San Diego (commonly called
City, County of San Diego, State of
No. 283, filed in the office of the
1878, described as follows:
of Lot 69 of a portion of the Ex -Mission
Horton's Purchase), in the City of.National
California, according to. the Map thereof
Recorderof. said San Diego County, March
Page 2 of 3
t
Beginning at a point on the East line of said Lot 69, distant thereon 222.75
feet South of the Northeast corner thereof; thence West 561.00 feet; thence at
right angles South 379.50 feet to the intersection of the North line of the land
conveyed by John B. Steele to Julius A. Rice, by deed recorded in Book 45, Page
392 of Deeds; thence East along the North line of the land so conveyed to said
Rice, 561.00 feet to the East line of said Lot 69; thence North along the last
mentioned line to the Point of Beginning.
EXCEPTING therefrom the North 145.00 feet thereof.
PARCEL C:
The South 165.00 feet of the North 310.00 feet of the West 250.00 feet of the
58 East 300.00 feet of that portion of Lot 69 of a portion of the Ex -Mission Lands
of San Diego (commonly called Horton's Purchase), in the City of National City,
State of California, according to the Map thereof No. 283, filed in the office
of the Recorder of San Diego County, March 9, 1878, described as follows:'
Beginning at a point on the East line of said Lot 69; distant thereon 222.75
feet South of the Northeast corner thereof: thence West 561.00 feet; thence
at right angles South 379.50 feet, more or less, to an intersection with the
North line of the land described in to Julius A. Rice and recorded in Book
ed 45, Page 392 of Deeds: thence East along the North line of the said Rice land,
0-71 561.00 feet to the East line of said Lot 69; thence North along said East line
71647 to the Point of Beginning.
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