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HomeMy WebLinkAboutCC RESO 10,306RESOLUTION NO.. 10,306 RESOLUTION RESCINDING RESOLUTION NO.. 10,301 AND. ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (26.57 Fenton Place - G. and G. Homes, Incorporated) BE IT RESOLVED by the City Council of the. City of National City that Resolution No. 10,301 is hereby rescinded. BE IT FURTHER RESOLVED that a Covenant granted to the City of National City by G. and G. Homes, Incorporated, affecting property at 2657 Fenton Place, National City is hereby accepted and the City Clerk is directed to record the same. ATTEST: PASSED AND ADOPTED this 6th day of April, 1.971. 1243 :,at iona'_ Avenue National City, Calif. 92050 COVENANT RUNNING WITH LAND IA THIS COVENANT is made by G. AND G. HOMES, IN- CORPORATED, hereinafter referred to as "OWNERS". WHEREAS, G. AND G. HOMES, INCORPORATED 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: The Westerly 37-1/2 feet of even width of Lot No. 428 of Lincoln Acres Annex No. 3, in the County of San Diego, State of California, according to Map thereof No. 1754, filed in the Office of the County Recorder of said San Diego County, June 11, 1923. WHEREAS, said owners desire to be excused from the legal requirement to install curb, gutter and sidewalk at 2657 Fenton Place until an improvement district is formed for the entire street and/or area; NOW, THEREFORE, in consideration for the granting of a waiver to install said improvements by the City Council of the City of National City, said owners covenant for them- selves and their heirs, successors, assigns, executors and administrators as follows: 1. Said Owners will not protest the installation of any of the required improvements under a 1911 Improvement Act Program whether initiated by the property owners, City of National City or County of San Diego, and 2. Said Owners will install said improvements in conjunction with an overall improvement program of the area whether initiated by the property owners, City of National City or County of San Diego, and 3. Said deferral shall be subject to annual review for any change in conditions. Said Covenant shall run with and be a binder on the within described real property. Dated: April 8, 1971 G. AND GRATED SIGNED IN THE PRESENCE OF: By: \ O \ra+.o�c.\v-eal STATE OF CALIFORNIA ) COUNTY OF SAN PIEGO ) ss KENNETH GREEN Presi.•"nt On April 8, 1971, before me, a Notary Public, personally appeared Nancy Marsteller, known to me to be the person whose name is subscribed to the within ins'_ument as a witness 'thereto. who being by me duly sworn, says: That she resides in San Diego County, and tnat she was present and saw Kenneth E. Green, President of 3. and G. Homes, Incorporated, who is personally known to her to be the same person whose name is subscribed to the within instrument, sign,.arid d eSiver the same and that he then acknowledged to affiant that he exe6:ut'ed 'Lhei,s'ame; and that said affiant subscribed her name thereto as a w]tn ss. My Commission Expires May 14, 1971 My -Commission Expires: .J 1 OFFICIAL SEAL MAUD F. SMITH NOTARY PLIPL IC .'00 I[r I -NIA PRINCIPAI. CV' i;[ Ia COUN1Y OF SAN ME 70 w..! �y. Notary Public in and for said County and State