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HomeMy WebLinkAboutCC RESO 11,008RESOLUTION NO. 11,008 RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Dixieline Lumber Co., Inc.) BE IT RESOLVED by the City Council of. the City of National City that a Covenant granted to the City of National City by Dixieline Lumber Co., Inc. affecting property at 1400 West 2.8th Street Street, is hereby accepted and the City Clerk is directed to record the same. PASSED AND ADOPTED this 10th day of April, 1973: ATTEST:-. CITY CLERK // COVENANT RUNNING WITH THE LAND ,,�f57 This COVENANT is made by DiXieline Lumber Company, Inc. hereinafter referred to as "OWNER". WHEREAS, Dixieline Lumber Company, Inc. 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: Property is fully described in Exhibit "A" attached hereto and made a part hereof 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 1400 West 28th 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 their and 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. 1 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 agaihst the owner therefor. Said Covenant shall be run with and be a burden on the within described real property. DATED - Signed in the presence of: WITNESS STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss On 19 , before me, a Notary Public, personally appeared 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 saw 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 that he then acknowledged to offiant that he executed the some; and that said offiont subscribed his name thereto as o witness. Notary Public in and for said County and State (SEAL) After recording, mail to: CITY OF NATIONAL CITY 1243 National Avenue National City, California 92050 NAT'L CITY ENGR. DEPT No REF BY DATE CKD DATE SPACE BELOW FOR RECORDER'S USE ONLY thrl1GlI H" I'ANC.''L NO. 1 • PerInning at the intersection of the westerly property lino oi' Tidelands Avenue with southerly * r 1 a• -of T,. t a thet•.. U� .'l ,.��" w.�..i�.• i..via.,y-iii(;.luh Street in tL,s City of National City; said intersection being 271.72' feet from the intersection of the easterly prolongation of the southerly lino of Twenty-eighth Street with the Mean Iiigh Tide Line of the Day of Can Diego, as said Mean Nigh Tido Line is shown on Miscellaneous Map No. ].65 on file at the office of the San Diego County Pecorcicr; thence along the southerly line of Zlreuty-oighth Street south 71°. 44' 34" went a distance of 590.00 feet to a point on the westerly line of -a 1t0 foot wide spur track right -of -coy; said point also being the true point or place of beginning of Parcel No. 1; thence along the westerly line of said 40 foot wide spur track right-of-way and its prolongation south 16° 15' 26" east a distance of 518.00 feet; thence south 71° 144' 34" vest a distance of 565.16 feet; thence north 8° 02' 19" west a distance of 526.35 rent to a point on the southerly property line of Twenty-eighth Street; thence along the southerly line of Twenty-eighth Street north 71° 14ii' 34'1 cast a distance of 471.78 feet to the true point or place of beginning of.Parcel No. 1, containing 268,567.5 square feet of tideland area. iI PATICI'L NO. 2 • Beginning at the most southerly corner point of the hereinabovve • described Parcel No. 1;said point also being the true point or place of beginning Parcel No. 2; thence along the southerly lease line of, - said Parcel No. 1 north 71° 44' 34" east a. distance of 570.16 feet}thence. south 18° 15' 2.6" cast a distance of 100.00 feet; thence south 71° 14' 34" west a distance of 588.19 feet; thence north 8° 02' 19" west a distance of 101.65 feet to the true point or place of beginning of Parcel No. 2, containing 57,913 square feet of tideland. area. 414 The above described areas are those delineated on Drawing No. 1019-8, dated Daceuber, 17, 1965, and incorporated in this agreement. n; wee}I;rL�n :Ion_ •.Irr4,ru .• I .. CI IIEF ENGINEER ....w.444416-.••....,.•••..,.. SAID DIEGO UNIFIED POf,T DISTRICT Tideland ',cane Within Corporate Limits of National. City • DD(IELIi1N MEER CO. EXHIBIT ';A:' DATE 17 Dec_11J SCALE (� REF DRAWING NO. 1019-D