HomeMy WebLinkAboutCC RESO 10,307RESOLUTION NO.. 10,307
RESOLUTION ACCEPTING COVENANT RUNNING WITH
LAND. AND DIRECTING. .THE RECORDING. THEREOF
(James B. Daugherty Jr. and Jessie E. Daugherty)
BE IT RESOLVED by the City Council of the City
of National City that a Covenant granted to the City of
National City by JAMES B. DAUGHERT.Y. JR. and JESSIE E.
DAUGHERTY affecting property at 606, 608., 610 "Q" Avenue,
National City, is hereby acceptedand the City Clerk is
directed to record the same.
PASSED AND ADOPTED this 6th day of April, 1971
ATTEST:
'revised March, 1960
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COVENANT RUN/NG WITH LAND
• WHEREAS the undersigned are owners in fee simple or have an interest in all of that
ertain real property in the City of National City, County of San Diego, State of California,
_.encribed as fellows:
That parcel of land described in Document File/page 221869 recorded
December 12, 1963 in Series 4, Book 1963 of Official Records of said
County of San Diego.
WHEREAS the undersigned desire to erect one or more buildings or structures upon said
property.
WHEREAS said property is at an elevation that is not the same as the present or future
fficial grade of the streets or alleys on which said property fronts, whether such streets or
_lleys are presently graded or not.
WHEREAS said property by reason of said difference in elevation may be subject to
mage by drainage or storm waters, street grading operations, and sewer operations.
WHEREAS the undersigned arc willing to assume all risk of damages from drainage or
etore waters, street grading operations and sewer operations.
NOW, THEREFORE for a good and valuable consideration, receipt of which is hereby
.._.cknowledeed, the undersigned as owners of said real property or as interested parties in
;aid real property, hereby agree as follows: -
That as a covenant running with the land they, and each of them, do hereby for himself
end herself and their respective heirs, administrators, assigns and successors in interest
to any portion of the property hereinabove described, do fully and forever release and •
...eischarge City of National City, its officers and employees of and from any and all claims,
_ereands, actions or causes of action which the undersigned, their heirs, administrators,
->ssigns or successors in interest n y or at any tine might have against City oi. National
city by reason of any damages, general or special, sustained or occasioned by reason of
;he flowing of water from any public street or adjacent properties onto the real property
above described or by reason of grading the public street or alley adjacent to the hereinabove
vescribed property to the officially established grade or by reason of overflowing of city
>ewers upon said property. And said City is hereby released from any expense in adjusting
_o the proper grade, all improvements such as water, sewer and gas laterals, driveways,
-=alks, fences, retaining walls, steps, trees, hedges and other improvements, and the undersigned,
._:heir heirs, administrators, assigns and successors in interest, hereby agree to hold said
._Aty of National City harmless for any expenditures made for said adjusting to proper ade.
_-ATE : 1 2 I 3P/./ 7/
:tate of California) ss
_ounty of San Diego)
rarer 20 i071 before me,
undersigned, a Notary Public in and for said
tty and Statg, personally appeared
T., gene 'O nano 'rt,v Jr. and TEA .^-Cte
ni; 7,n. ant} na Trn f,
..n:o`tn to me to be the person s s.h<asey alma s
,:bscribed ta the within instrument, and a now%cdged
3 me that t h�* execrated h c
WITNESS mw' 1-47" ,d OOsWiU `S t '` I?Nif
No
Pail
•
d State
Fin t
Sill DIEGO C U7.-t
�..,j „ 1 „ , 7 J 1974
wr*" tn1 to t y
After recor:line Return
City Clerk, City Hall
1243 National e e-aae
;rational. City-, Califon-.