HomeMy WebLinkAboutCC RESO 9589RESOLUTION NO.
9589
RESOLUTION ACCEPTING COVENANT RUNNING WITH LAND
(James V. and Bertha A. Toledo)
BE IT RESOLVED that the City Council of the
City of National City hereby accepts the benefits and
burdens of that certain Covenant Running With Land, a
copy of which is attached hereto, executed by James V.
and Bertha A. Toledo on April 19, 1968.
BE IT FURTHER RESOLVED that the City Clerk is
directed to record the aforesaid Covenant Running With
Land.
PASSED AND ADOPTED this 7th day of May, 1968.
ATTEST:
CITY CLERK
()A
After recording, please return to:
City Clerk of National City
1243 National Avenue
National City, Calif. 92050
COVENANT RUNNING WITH LAND
(N.C.Res. 9589)
WHEREAS the undersigned are owners in fee simple or have an in-
terest in all of that certain real property in the City of National City,
County of San Diego, State of California, described as follows:
That portion of the Northwest Quarter of the West Half of
Lot 2 in Quarter Section 129 of the Rancho de la Nacion,
in the City of National City, County of San Diego, State
of California, according to Map thereof No. 166, filed in
the office of the County Recorder of San Diego ,County
May 11, 1869, described as follows:
Beginning at the Southeast corner of said Northwest Quarter,
being the Southeast corner of land described in deed to
James Toledo, et ux, recorded June 23, 1953 in Book 4898,
page 315 of Official Records; thence along the Southerly
line thereof South 71°00' West 130 feet to the Southeast
corner of land described in deed to Fluidgenics, recorded
June 16, 1966 as File No. 99622 of Official Records; thence
along the Easterly line thereof North 19000' West 240 feet
more or less to the Southerly line of Plaza Boulevard, des-
cribed in Resolution recorded October 16, 1967 as File
No. 159760 of Official Records; thence Easterly along said
Southerly line 132 feet more or less, to the Easterly line
of said Toledo land; thence along said Easterly line South
19°00' East 222 feet more or less, to the point of beginning.
WHEREAS the undersigned desire to erect one or more buildings or -
structures upon said real property.
WHEREAS said property is at an elevation that is not the same as
the original or future elevation of the original drainage water course.
WHEREAS said property by reason of 'said difference in elevation
may be subject to damage by drainage or storm waters and sewer operations.
WHEREAS the undersigned are willing to assume all risk of damages
from drainage or storm waters and sewer operations.
NOW, THEREFORE for a good and valuable consideration, receipt of
which is hereby acknowledged, the undersigned as owners of said real
property or as interested parties in said real property, hereby agree as
follows:
That as a covenant running with the land they, and each of them,
do hereby for himself and herself and their respective heirs, adminis-
trators, assigns and successors in interest to any portion of the property
hereinabove described, do fully and forever release and discharge City
of National City, its officers and employees of and from any and all
claims, demands, actions or causes of action which the undersigned,
their heirs, administrators, assigns or successors in interest may or atr
any time might have against City of National City by reason of any
damages, general or special, sustained or occasioned by reason of the
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 described property to the officially
established grade or by reason of overflowing of city storm drains or
sewers, upon said property. And said City is hereby released from any
expense in adjusting to the proper grade, all improvements such as water,
sewer and gas laterals, driveways, walks, fences, retaining walls, steps,
trees, hedges and other improvements, and the undersigned, their heirs,
administrators, assigns and successors in interest, hereby agree to hold
said City of National City harmless for any expenditures made for said
adjusting to proper grade.
DATE:
((.;) —6,„(Ze
DAMES.: 'TOLEDO
BERTHA A. TOLEDO
This is to certify that the interest in
real property conveyed by the Covenant
Running asith Land dated Auril 19, 1968
from James V. and Bertha A. Toledo to the
City of National City, a political corpor-
ation and/or government agency, is hereby
accepted by order of the City Council on
D4ay 7, 1968 and the grantee consents to
the recordation thereof by its duly
authorized officer.
Dated: May 9, 1968
—
Ione:Minogue, City C�erk
City of National City, Calif.
STATE OF CALIFORNIA
SAN
COUIEGNTYO OF
ss.
On April 19, 1968 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared
JAMES V.AND BERTHA A. TOLEDO
known to me to be the person(s) whose name(s) is/are subscribed
to the within instrument, and acknowledged to me that he/she/they
Executed the same.
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